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Legal Ethics Glossary

25 essential terms — because precise language is the foundation of clear thinking in Legal Ethics.

Showing 25 of 25 terms

A legal protection ensuring that confidential communications between a lawyer and client for the purpose of legal advice cannot be compelled to be disclosed.

Related:Duty of ConfidentialityCrime-Fraud ExceptionWork Product Doctrine

A professional organization of lawyers that may regulate admission to practice, enforce ethical standards, and provide continuing legal education.

Related:DisbarmentAttorney DisciplineModel Rules

A failure by the prosecution to disclose material exculpatory evidence to the defense, violating the defendant's due process rights under Brady v. Maryland (1963).

Related:Prosecutorial EthicsExculpatory EvidenceDue Process

The duty of honesty and truthfulness that lawyers owe to the tribunal, requiring disclosure of directly adverse authority and prohibiting false statements.

Related:Duty of CandorPerjuryTribunal

A separate bank account in which a lawyer must hold funds belonging to clients or third parties, kept separate from the lawyer's own funds.

Related:IOLTAFiduciary DutyMisappropriation

The legal knowledge, skill, thoroughness, and preparation reasonably necessary for a lawyer to provide effective representation.

Related:MalpracticeDiligenceContinuing Legal Education

A situation where a lawyer's duties to one client, a former client, or the lawyer's own interests are at odds with duties owed to another client.

Related:Imputed DisqualificationInformed ConsentScreening

A fee arrangement in which the lawyer's compensation depends on the outcome of the case, typically a percentage of the recovery.

Related:Fee AgreementProhibited FeesReasonableness

The duty of a lawyer to act with reasonable promptness, thoroughness, and dedication in representing a client's interests.

Related:CompetenceZealous AdvocacyMalpractice

The most severe disciplinary sanction, permanently revoking a lawyer's license to practice law, typically imposed for the most serious ethical violations.

Related:Attorney DisciplineSuspensionMisconduct

Evidence that tends to establish a defendant's innocence or mitigate the severity of the offense, which prosecutors are constitutionally required to disclose.

Related:Brady ViolationProsecutorial EthicsDue Process

The highest standard of care and loyalty owed by a lawyer to a client, arising from the trust-based nature of the legal relationship.

Related:LoyaltyClient Trust AccountSelf-Dealing

The rule that a conflict of interest held by one lawyer in a firm is generally attributed to all lawyers in the firm.

Related:Conflict of InterestScreeningChinese Wall

Interest on Lawyers' Trust Accounts — a program where interest earned on pooled client trust funds is used to fund legal aid services.

Related:Client Trust AccountPro BonoAccess to Justice

A civil cause of action against a lawyer for negligent or wrongful professional conduct resulting in harm to the client.

Related:CompetenceBreach of DutyDamages

The ABA's comprehensive set of rules governing lawyer conduct, adopted in 1983 and serving as the basis for ethics regulation in most U.S. states.

Related:ABAModel CodeRestatement of the Law Governing Lawyers

The Multistate Professional Responsibility Examination, a standardized test on legal ethics required for bar admission in most U.S. jurisdictions.

Related:Bar ExaminationProfessional ResponsibilityModel Rules

Legal services provided without charge or at a substantially reduced fee to persons of limited means or organizations serving the public interest.

Related:Access to JusticeLegal AidRule 6.1

The special ethical obligations of prosecutors, including the duty to seek justice rather than merely to convict and to disclose exculpatory evidence.

Related:Brady ViolationRule 3.8Minister of Justice

An internal firm procedure isolating a disqualified lawyer from participation in a matter to prevent imputed disqualification of the entire firm.

Related:Imputed DisqualificationConflict of InterestChinese Wall

Direct contact with a prospective client for the purpose of obtaining professional employment, subject to restrictions under the Model Rules.

Related:AdvertisingRule 7.3Ambulance Chasing

Engaging in legal practice without proper licensure or authorization, prohibited for both non-lawyers and lawyers practicing outside their jurisdiction.

Related:Multijurisdictional PracticeRule 5.5Bar Admission

A legal protection shielding materials prepared by a lawyer in anticipation of litigation from discovery by the opposing party, distinct from attorney-client privilege.

Related:Attorney-Client PrivilegeDiscoveryLitigation
Legal Ethics Glossary - Key Terms & Definitions | PiqCue