Legal Terminology

Attorney-Client Privilege: This is the information/file materials that are discussed with the attorney and the client. The client is free to give the attorney any and all information re: the matter and the attorney are expected to keep it confidential, unless, of course, it’s something that needs to be mentioned in front of the Court. The attorney is not to discuss any of this information with anyone unless the client has authorized it in writing.

Conflict of interest: This is when there is a conflict between the client and the attorney, or the attorney and the other side, or any other party involved who would interfere with the case. Example: an attorney cannot represent both parties in one case, which would be “conflict of interest”, another example: an attorney cannot represent any party who is involved in another matter within the same office. Also, an immediate family member cannot represent you in a case, especially if they have your last name and is in fact related to you by blood.

Ethical wall: This is when an attorney discusses the client’s matter with other uninvolved parties without permission from his client. “The Ethical Wall is designed to provide a procedural surrogate to strict confidentiality of case information by ensuring that an attorney or paralegal will not breach the contract underlying duties. As a practical matter, the erection of an Ethical Wall can, in effect, enhance the attorney’s or paralegal’s mobility. “ (paralegals.org) Law firms use the term “ethical wall” (also called Chinese wall) to describe an environment in which an attorney or a paralegal is isolated from a particular case or client to avoid a conflict of interest or to protect a client’s confidences and secrets. By creating this boundary or wall, any potential communications, whether written or oral, are prevented between the members of the legal team handling a particular matter or client and the person with whom there may be a conflict of interest.

Model Guidelines for the Utilization of Legal Assistant Services: Attorney’s are bound by the ethical code adopted by the state in which they practice. The ethical guidelines for the paralegal are a combination of the ethical rules imposed on the supervising attorney and the paralegal professional association rules imposed on paralegals. As a general rules, whatever the ethical rules forbid the attorney from doing, they also forbid the paralegal from doing. Paralegals therefore can look to their state’s adopted set of rules, or code, of professional responsibility for guidance in deciding what is appropriate or inappropriate from an ethical perspective. SEE ATTACHED

Model Rules of Professional Conduct: Unlike the ABA for lawyers, no single source of ethical rules is set out for the legal assistant. Absent a single unified body of ethical rules, legal assistants must follow state statutes and conduct themselves in conformity with the rules of professional conduct applicable to attorneys and with the ethics opinions of their professional associations. Although legal assistants are not governed by the American Bar Association ethical rules, there is an intertwined relationship between the lawyer, the client, and the paralegal. What the paralegal does or does not do can have a real impact on the lawyer’s duty and obligation to the client. The lawyer is ultimately responsible for the actions of the legal assistant under the Model Rules.

Unauthorized practice of law (UPL): Regulations are put into place in an attempt to prevent abuses in the practice of law. Two relevant issues involve giving advice and filling out forms. All of the states regulate the practice of law, in an attempt to protect the public from incompetent a d unscrupulous practitioners, just as they regulate the practice of medicine and many other professions.

Work product doctrine: Work product is broadly defined to include the certain written statements and memoranda prepared by counsel in representation of a client, generally in preparation for trial. This is the work that is generated in preparation for trial. The work product doctrine is an extension of the attorney-client privilege wherein the nonlawyer is assisting the lawyer in trial preparation. Litigation practice today requires that attorneys use nonlawyers including paralegals, secretaries, law clerks, and others.