Attorney-Client Relationship and Dispute Resolution.pdf

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MGMT 200
Tod Bergstrom

Attorney-Client Relationship and Dispute Resolution Study online 1. adversarial The jurisprudential system in which the 13.(group/prepaid) insurance plans designed to make legal system parties to a legal dispute are opponents. legal service services available to members of unions or plans other organization, such as business Their attorneys advocate a great variety of firms theories of benefit to the cause of their clients -often offered as part of employee benefits both before and during the trial, and on any packages appeal. -subscribers get free or reduced-fee legal services after deductible 2. inquisitorial A legal system used in some countries that system allows the judge to investigate, question -limited but covers routine legal matters (simple wills, document review, warranty witnesses, and seek out evidence before a trial. enforcement); criminal matters generally 3. attorney-at- lawyers, a person authorized by law to excluded law represent clients in legal matters 14.public interest a nonprofit law firm that offers assistance 4. fiduciary a relationship between two persons wherein law firm in areas such as employment, minority relationship one has an obligation to perform services with rights, civil rights, political rights, family scrupulous good faith and honesty law, and environmental law 5. legal someone with specialized training who assists -often funded by grants from private assistant an attorney, aka a PARALEGAL charitable orgs -represent opposite sides of controversial 6. pro hac vice Latin "for this occasion" legal issues -granting of the right to represent a client in the court of a state other than the one where 15.professional written rules of acceptable conduct ethics adopted/binded upon members of a they have a license professional group 7. in propria term meaning the person represents herself or -established/enforced to protect the public persona (in himself in a legal action without the and to preserve and improve the pro se) appearance of an attorney reputation of the profession -oath to follow law is what distinguished in propria persona ("in one's own person") a profession from a service/trade in pro se ("on one's own behalf") ethics a set of rules promoted by the governing 8. contingency a fixed % of the money recovered by a lawyer bodies that regulate lawyer and judicial fee for a client; it is agreed on in advance and conduct (may include moral choices) accepted in full payment for services rendered aka RULES OF PROFESSIONAL -a fee is due only if the client wins* CONDUCT or RULES OF 9. Legal a federal funded corporation that helps states PROFESSIONAL RESPONSIBILITY Services provide legal assistance to the underprivileged 17.disciplining 1. disbarment Corporation through grants to local legal aid offices attorneys 2. suspension from practice for a stated (LSC) (noncriminal/civil cases) period of time bono Latin ("for the public good") 3. probation publico -when an attorney provides legal services free 4. reproval (formal private or public of charge to poor but worthy clients or causes censure) 11.fee shifting congress and state legislatures enacted "fee 18.What is the American Bar Association statues shifting statues" to encourage pro bono cases; preeminent if the attorney wins the case, the government source on legal will pay all attorney fees ethics? 12."store-front -operates out of strip malls/similar quarters 19.Canons of -introduced in 1908 lawyers" or and provide routine legal services for reduced Professional -first set of rules of American Bar "law clinics" fees Ethics Association -often limits cases to areas like family law, -intended as a practice guide, not a basis criminal defense, and probate matters (simple for discipline procedure/standard legal forms) 20.Model Code of -introduced in 1969 32.paid -in the past, lawyers were prohibited by Professional -two sets of rules: aspiration and advertisements law/professional rules from advertising Conduct disciplinary their services (unethical) -overturned idea in 1977, U.S. Supreme -adopted in 1983 but eliminated aspirational Court ruled that the public had a right to component info as to the availability and cost of routine -disciplinary: charging high fees, stealing legal services, and attorneys had a right to client's funds, neglecting client's case furnish that info -lawyers can also send direct mail 21.moral conduct contrary to justice, honesty, and turpitude good morals (failure to pay income taxes, solicitations murder, larceny, etc.) -a means of indirect advertising; referrals referral are made alphabetically or by type of case; 22.nolo Latin ("I will not contest it"), a special form services -some attorney referral services are contendere of guilty plea operated by private businesses; attorney 23.What does Facts members pay a registration fee to lawyers refer participate on the panel to historical events as? 34.public -a lawyer provided by the community for a defender person who is accused of a serious crime the right of clients to keep communications (felony) and cannot afford to hire counsel privilege with their attorneys confidential and free -cannot choose their clients from disclosure -heavy caseload -client may waive privilege but attorney may 35.solicitation -considered unethical if lawyers not aggressively seek clients 25.duty of a lawyer's ethical obligation to protect any ex: "ambulance chasing" or through confidentiality information learned from or about a client "cappers" or "runners" who frequent places during the course of representation (info not such as hospitals/police stations for learned directly from client) potential clients 26.When is when communication is made in the -schemes involving "cappers" are illegal attorney-client presence of others, if the communication 36.How do you -Determined by a contract. privilege not indicates an intent to commit a future crime, hire and fire -attorney promises to represent client in covered? or if there is a statute requiring specified an attor
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