Term
| Model Rules of Professional Conduct |
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Definition
| A set of ethical rules developed by the American Bar Association in the 1980's. The model rules have been adopted by every state except California. |
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Term
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Definition
| The ethical rule prohibiting attorneys and paralegals from disclosing information regarding a client or a client's case. |
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Term
| Attorney-Client Privelege |
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Definition
| A rule of evidence that prevents an attorney or a paralegal from being compelled to testify about confidential client information. |
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Term
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Definition
| Materials prepared by an attorney or paralegal in anticipation of litigation. |
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Term
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Definition
| The ethical rule of prohibiting attorneys and paralegals from working for opposing sides in a case. |
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Term
Concurrent conflict of interest |
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Definition
| Simultaneously representing adverse clients. |
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Term
| Successive conflict of interest |
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Definition
| Representing someone who is in a position adverse to a prior client. |
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Term
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Definition
| A situation in which a conflict of interest may arise in the future-for example, representing business partners. |
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Term
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Definition
| The rule whereby all memebers of a law firm are treated as though they had represented the former client. |
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Term
| Ethical wall or screen or cone of silence |
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Definition
| A system developed to shield an attorney or a paralegal from a case that otherwise would create a conflict of interest. |
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Term
| Unauthorized practice of law |
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Definition
| When nonlawyers do things that only lawyers are allowed to do. In most states this is a crime. |
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Term
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Definition
| An activity that requires professional judgement, or the educated ability to relate law to a specific legal problem. |
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Term
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Definition
| The educated ability to apply law to specific facts. |
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Term
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Definition
| Attorney compensation as a percentage of the amount recovered rather than a flat amount of money or an hourly fee. |
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Term
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Definition
| A bank account used to hold money belonging to the client or to a third party. |
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Term
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Definition
| A public or private statement that an attorney's conduct violated the code of ethics. |
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Term
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Definition
| A determination that an attorney may not practice law for a set period of time. |
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Term
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Definition
| The revocation of an attorney's license. |
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Term
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Definition
| The failure to act reasonably under the circumstances. |
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Term
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Definition
| The failure of an attorney to act reasonably. |
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Term
| Proving a case within a case |
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Definition
| The requirement in a legal malpractice case that the plaintiff-client prove that but for the attorneys negligence, the client would have won. |
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