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Various aspects of the Unauthorized Practice of Law (UPL), including definitions, examples, and consequences. It also covers related topics such as billable hours quota, legal aid offices, legal nurse consultants, statements of principles, minimum-fee schedules, and more. This information is valuable for law students, attorneys, and anyone interested in understanding legal procedures.
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Ashley Chapman 8/24/ PLA Purpose of the Assignment: The purpose of the assignment is to become familiar with the legal terms in Chapters 1-11. Learning these terms will help us prepare for working in the legal field. Key Terms: Chapter 1
118.bankruptcy petition preparer (BPP)- A nonattorney who is authorized to charge fees for preparing a bankruptcy petition or any other bankruptcy document that a self-represented debtor will file in a federal court. 119.exemptions- The right of a debtor to keep designated property rather than make it available to creditors to satisfy debts, particularly in bankruptcy. 120.discharged- Extinguish; forgive a debt so that it is no longer owed. 121.legal document assistant (LDA)- A nonattorney in California who is authorized to charge gees for providing self-help assistance to anyone representing himself or herself in a legal matter. 122.unlawful detainer assistant (UDA)- A nonattorney in California who is authorized to charge fees for providing self-help assistance to landlords or tenants in actions for the possession of land. 123.ministerial- Involving a duty that is to be performed in a prescribed manner without the exercise of judgement or discretion. 124.bond- An obligation to perform an act upon the occurrence of a designated condition. 125.legal document preparer (LDP)- A nonattorney in Arizona who is authorized to charge fees for providing self-help assistance to anyone representing himself or herself in a legal matter. 126.continuing legal education (CLE)- Training in the law that a person receives after completing his or her formal legal training or after becoming employed. 127.antitrust law- The law governing unlawful interferences with competition such as through price fixing, monopolies, and other restraints of trade. 128.statements of principles- guidelines negotiated by bar associations and specified law—related occupations that distinguish between those activities of the occupations that do not constitute the unauthorized practice of law and those that do. 129.minimum-fee schedules- A bar-association list of the lowest fees an attorney can ethically charge for specific kinds of legal services. 130.counterclaim- A claim by one side in a case that is filed in response to a claim asserted by an opponent. 131.court of record- A court that is required to maintain a record of the proceedings before it, including a word-for-word account of what occurred. 132.calendar call- The time in court when a case on the calendar is called for a determination by the judge of the next step in the proceeding. 133.law clerk- An attorney's employee who is a law school studying to become an attorney or who has graduated from law school and is waiting to pass the bar examination. 134.continuance- The adjournment or postponement of a proceeding until a later date. 135.ex parte- With only one side present when court action is requested. 136.uncontested- Unchallenged; without opposition or dispute.
137.pleadings- A formal litigation document filed by a party that states or responds to the claims and defenses the parties have against each other. 138.memoranda of law- A written explanation of how one or more rules might apply to the facts of a client’s case. 139.appellate briefs- A document that a party files with an appellate court in which the party presents arguments on why the appellate court should affirm, reverse, vacate, or otherwise modify what a lower court has done. 140.jailhouse lawyer- An inmate, usually a self-taught nonattorney, who has a limited right to prove other inmates with legal services if the institution does not prove adequate alternatives to such services. 141.litigious- Inclined to resolve disputes through litigation. 142.adversarial- Involving conflict and an adversary. 143.adversary system- A method of resolving a legal dispute whereby the parties argue their conflicting claims before a neutral decision maker. 144.supremacy Clause- The clause in the U.S. Constitution that has been interpreted to mean that when valid federal law conflicts with state law, federal law controls. 145.separation of powers- The constitutional requirement that each of the legislative, executive, and judicial branches of government limit itself to the powers granted to it and not encroach upon the powers granted to the other two branches. 146.usurp- To lawfully exercise a position or power that belongs to another. 147.administrative Procedure Act (APA)- The statue that governs procedures before federal administrative agencies. 148.patent agent- A nonattorney licensed to prepare and submit patent application before the U.S. Patent and Trademark Office. 149.enrolled agent- A nonattorney who is licensed to represent taxpayers before the Internal Revenue Service. 150.administrative law judge (ALJ)- A government officer who presides over a hearing at an administrative agency. 152.statutory-fee cases- A case applying a special statute that gives a judge authority to order the losing party to pay the winning party’s attorney fees and costs. 153.page 52 debate- A debate on whether there should be limited licensing for paralegals. 154.Juris Doctor (J.D.)- The law degree most American law schools grant its graduates. 155.justice gap- The large numbers of people who do not have access to legal assistance, primarily because of the cost of such assistance.
172.vicarious liability- Liability imposed on a person for the conduct of another. 173.personal liability- Liability that can be satisfied out of a wrongdoer’s personal as well as business assets. 174.negligent hiring- Carelessly hiring an incompetent person who poses an unreasonable risk of harm to others. 175.negligent supervision- Carelessly monitoring or supervising an incompetent person who poses an unreasonable risk of harm to others. 176.respondeat superior- An employer is responsible for the wrongs committed by an employee within the scope of employment. 177.scope of employment- That which is foreseeably done by an employee for the employer’s business under the employer’s specific or general control. 178.deep pocket- An individual, a business, or another organization with resources to pay a potential judgment. 179.negligence- The failure to use reasonable care that an ordinary prudent person would have used in a similar situation, resulting in injury or other loss. 180.statute of limitations- A law stating that civil or criminal actions are barred if not brought within a specified period of time. 181.process- The means used by the court to acquire its power or jurisdiction over a person. 182.malicious prosecution- A tort with the following elements: The initiation of civil or criminal legal proceedings; without probable cause; with malice or an improper purpose; and the proceedings terminate in favor of the person against whom the proceedings were brought. 183.abuse of process- A tort consisting of the following: the use of a civil or criminal proceeding, for a purpose for which the process is not designed, resulting in actual damage. 184.malpractice- Any professional misconduct such as an ethics violation, breach of fiduciary duty, crim, tort, or other wrongdoing. 185.go bare- To engage in an occupation or profession without malpractice insurance. 186.occurrence policy- Insurance that covers all occurrences during the period the policy is in effect, even if the claim is not actually filed until after the policy expires. 187.claims-made policy- Insurance that covers only claims actually filed during the period in which the policy is in effect.
Chapter 5: 188.ethics- Rules or standards of behavior to which members of an occupation, profession, or other organization are expected to conform. 189.continuing legal education (CLE)- Training in the law that a person receives after completing his or her formal legal training or after becoming employed. 190.agent- A person authorized to act for another. 191.practice of law- Using or attempting to use legal skills to help resolve a specific person’s legal problem. 192.attorney in fact- One authorized to act in place of another. 193.power of attorney- A document that authorizes another to act as one’s agent or attorney in fact. 194.sanctions- Penalty or punishment imposed for unacceptable conduct. 195.unauthorized practice of law (UPL)- Using or attempting to use legal skills to help resolve a specific person’s legal problem when the assistance is provided by someone who does not have a license to practice law and when the assistance requires such a license or other authorization 196.integrated bar association- A state bar association to which an attorney must belong in order to practice law in the state. 197.Model Rules of Professional Conduct (MRPC)- The current set of ethical rules governing attorneys recommended by the American Bar Association. 198.probable cause- A reasonable belief that good grounds exist to bring charges against someone. 199.Multidisciplinary practice (MDP)- A partnership consisting of attorneys and nonlegal professionals that offers legal and nonlegal services. 200.paralegal code- Rules and guidelines covering ethical issues involving paralegals. 201.meritorious- Having merit 202.letter of nonengagement- A letter sent to a prospective client that explicitly states that the law office will not be representing him or her. 203.stature of limitations- A law stating that civil or criminal actions are barred if not brought withing a specified period of time. 204.time-barred- Prevented or barred from ringing a civil or criminal action because of the passage of a designated period of time without commencing the action. 205.retainer- The act of hiring or engaging the services of someone, usually a professional.
224.overhead- The operating expenses of a business for which customers or clients are not charged a separate fee 225.American rule- Each party pays his or her own attorney fees regardless of who wins the case. 226.statutory-fee cases- A case applying a special statue that gives a judge authority to order the losing party to pay the winning party’s attorney fees and costs. 227.English rule- The losing side in litigation must pay the winner's attorney fees. 228.contemporaneous- Existing or occurring in the same period of time; pertaining to records that are prepared on events as the events are occurring or very shortly thereafter. 229.block billing- Grouping multiple tasks under a single time charge rather than describing each task separately and assigning the actual time associated with each task. 230.double billing- Fraudulently charging a client twice for the same service. 231.padding- Adding something without justification 232.time padding- Inflating a client’s bill by charging for time that was not spent. 233.task padding- Inflating a client’s bill by charging for tasks that were not performed. 234.billable hours quota- A minimum number of hours expected from a timekeeper on client matters that can be charged to clients per week, month, year, or other time period. 235.client security fraud- A fund by a bar used to compensate victims of designated kinds of attorney misconduct. 236.pretexting- Using online deception as a pretext to obtain information from another person 237.attestation clause- A clause stating that you saw someone sign a document or perform other tasks related to the validity of the document 238.insider trading- Improperly using or passing on to others any nonpublic information you learn about in the office in order to trade in the shares of a company. 239.pirated software- software that has been placed in a computer that is not authorized by the terms of the purchase or lease of the software. 240.spoliation- intentionally destroying, altering, or concealing evidence. 241.malicious prosecution- A tort with the following element: the initiation of civil or criminal legal proceedings; without probable cause; with malice or an improper purpose; and the proceedings terminate in favor of the person against whom the proceedings were brought.
242.abuse of process- A tort consisting of the following elements: the use of civil or criminal proceedings, for a purpose for which the process is not designed, resulting in actual damage. 243.adversary system- A method of resolving a legal dispute whereby the parties argue their conflicting claims before a neutral decision maker. 244.frivolous- lacking merit 245.Federal Rules of Civil Procedure (FRCP)- The rules that govern the mechanics of resolving a dispute by a U.S. district court, which is the main federal trial court. 246.fiduciary- A person who owes another good faith and fair treatment in protecting the other’s interest. 247.client trust account- A bank account controlled by an attorney that contains client funds that may not be used for general operating expenses or for any personal purpose of the attorney. 248.commingling- Missing what should be kept separate, depositing client funds into an account that also contains funds used for general operating expenses of the office. 249.material- Serious and substantial 250.confidential- Pertaining to information that others do not have a right to receive. 251.privileged- Protected by a privilege so that disclosure is prohibited or limited. 252.attorney-client privilege (ACP)- A client or a client’s attorney can refuse to disclose any confidential communication between them if the purpose of the communication was to facilitate the provision of legal services to the client. 253.work-product rule- Notes, working papers, memoranda, or similar things prepared by or for an attorney in anticipation of litigation are not discoverable by an opponent, absent a showing of substantial need. 254.discoverable- Pertaining to information or materials an opponent can obtain through deposition, interrogatories, or other discover method. 255.metadata- Data about data 256.encrypt- Convert text into a code that renders the text incomprehensible until it is reconverted to a readable format by a recipient with the right software. 257.redact- to edit or prepare a document for publication or release, often by deleting, altering, or blocking out text that you do not want disclosed. 258.conflict of interest- Divided loyalties that actually or potentially harm someone who is owed undivided loyalty.
277.quarantined- Isolated or kept apart form a case because of a conflict of interest in connection with that case. 278.conclusive presumption-An assumption or inference of fact that a party will not be allowed to dispute or rebut. 279.rebuttable presumption- An assumption or inference of fact that can be overcome by sufficient contrary evidence but that will be treated as accurate if it is not rebutted. 280.career client list- A confidential list of every client or matter you worked on in any law office from the beginning of your legal career to the present time. 281.independent paralegals- An independent contractor who sells his or her paralegal services to and works under the supervision of one or more attorneys. 282.conflicts check- Finding out whether a conflict of interest exists that might disqualify a law office from representing a prospective client or from continuing the representation of a current client. 283.lateral hire- A person hired from another law office. 284.disinterested- Not working for one side or the other in a controversy.
297.motion to dismiss- A request, often made before the trial begins, that the judge dismiss the case because the parties have reached a settlement or because of a serious procedural deficiency. 298.at-will employee- An employee who can be terminated for any reason that does not violate public policy 299.public policy- The principles inherent in the customs, morals, and notions of justice that prevail in a state. 300.gratuitous- Pertaining to what is performed or given without a duty or obligation to do so 301.diversity of citizenship- The disputing parties are citizens of different states and the amount in controversy exceeds $75,000. 302.pro bono- Concerning or involving legal services that are provided for the public good without fee or compensation. 303.notice of appearance- A formal notification to a court by an attorney that he or she is representing a party in the litigation. 304.cured- Corrected. 305.good cause-A legally sufficient ground. 305.letter of disengagement- A letter sent to a client formally notifying him or her that the law office will no longer be representing the client 306.model Rule 5.3- The rule in the ABA governing the responsibility of different categories of attorneys for the conduct of paralegals and other nonattorney assistants in a law office. 307.traditional paralegals- A paralegal who is an employee of an attorney. 308.independent contractor- A self-employed person who operates his or her own business and contracts to perform services for others. 309.tickler- A paper or computer system designed to provide reminders of important dates. 310.ratify- To adopt or confirm a prior act or transaction. 311.remedial- Corrective; intending to correct. 312.appellate brief- A document that a party files with an appellate court in which the party presents arguments on why the appellate court should affirm, reverse, vacate, or otherwise modify what a lower court has done. 313.memorandum of law- A written explanation of how one or more rules might apply to the facts of a client’s case.
242.law- An authoritative rule written and enforced by one or more government bodies. 243.primary authority- A law written by one of the three branches of government. 244.secondary authority- A nonlaw that summarizes, describes, or explains the law but is not the law itself. 245.opinion of the attorney general- Formal legal advice given by the chief law officer of the government to another government official or agency. 246.Supremacy Clause- The clause in the U.S. Constitution that has been interpreted to mean that when valid federal law conflicts with state law, federal law controls. 247.indigent- poor; without means to afford something such as a private attorney or filing fees. 248.common law- judge-made law in the absence of controlling statutory law or other higher law. 249.at common law- Referring to all the case law and statutory law in England and in the American colonies before the Revolution. 250.common-law system- The legal system of England and most of the United States that places a greater emphasis on case law than do countries that have a civil law system where a greater emphasis is placed on statutory or code law. 251.civil-law system- The legal system of many countries in Continental Europe and Latin America that places a greater emphasis on statutory or code law than do countries whose common-law system places a greater emphasis on a case law. 252.civil- Pertaining to the state or its citizens. 253.precedent- A prior opinion or decision covering similar facts or issues in a later case that can be sued as a standard or guide in the later case. 254.stare decisis- Courts should decide similar cases in the same way unless there is good reason for the court to do otherwise. 255.cause of action- A legally acceptable reason for bringing a suit. 256.derogation- A partial repeal or abolishment of a law. 257.consideration- Something of value that is exchanged between parties. It can be in act, a forbearance, a promise to perform an act, or a promise to refrain from performing an act. 258.enacted law- Law written by a deliberative body such as a legislature or constitutional convention after it is proposed and often debated and amended. 259.prospective- Governing future event’ effective in the future. 260.equity- Justice administered according to fairness in a particular case, as contrasted with the strictly formalized rules once followed by common-law courts. 261.remedy- The means by which a right is enforced or the violation of a right is prevented, compensated for, or otherwise redressed.
262.damages- Money claimed by a person to compensate for the harm caused by an alleged wrongdoer.