Paralegal Ethics Intro

Front 1

Belief or believes

Back 1

denotes that the person involved actually supposed the fact in question to be true. A person's belief may be inferred from circumstances.

Hint 1

supposed facts to be true

Front 2

Confirmed in writing

Back 2

when used in reference to the informed consent of a person, denotes informed consent that is given in writing by the person or a writing that a lawyer promptly transmits to the person confirming an oral informed consent. See paragraph (e) for the definition of "informed consent." If it is not feasible to obtain or transmit the writing at the time the person gives informed consent, then the lawyer must obtain or transmit it within a reasonable time thereafter.

Hint 2

tangibly recorded

Front 3

Firm or law firm

Back 3

denotes a lawyer or lawyers in a law partnership, professional corporation, sole proprietorship or other association; or lawyers employed in a legal services organization or the legal department of a corporation or other organization. Whether government lawyers should be treated as a firm depends on the particular Rule involved and the specific facts of the situation.

Hint 3

in same business entity

Front 4

Fraud or fraudulent

Back 4

denotes conduct that is fraudulent under the substantive or procedural law of the applicable jurisdiction and has a purpose to deceive.

Hint 4

deceit for gain

Front 5

Informed consent

Back 5

denotes the agreement by a person to a proposed course of conduct after the lawyer has communicated adequate information and explanation about the material risks of and reasonably available alternatives to the proposed course of conduct.

Hint 5

agreement with reasonable knowledge

Front 6

Knowingly, known, or knows

Back 6

denotes actual knowledge of the fact in question. A person's knowledge may be inferred from circumstances.

Hint 6

actual knowledge

Front 7

Partner

Back 7

denotes a member of a xxxxxx, a shareholder in a law firm organized as a professional corporation, or a member of an association authorized to practice law.

Hint 7

law firm shareholder

Front 8

Reasonable or reasonably

Back 8

when used in relation to conduct by a lawyer denotes the conduct of a reasonably prudent and competent lawyer.

Hint 8

prudent

Front 9

Reasonable belief or reasonably

Back 9

when used in reference to a lawyer denotes that the lawyer believes the matter in question and that the circumstances are such that the belief is reasonable.

Hint 9

circumstances support

Front 10

Reasonably should know

Back 10

when used in reference to a lawyer denotes that a lawyer of reasonable prudence and competence would ascertain the matter in question.

Hint 10

if competent

Front 11

Screened

Back 11

denotes the isolation of a lawyer from any participation in a matter through the timely imposition of procedures within a firm that are reasonably adequate under the circumstances to protect information that the isolated lawyer is obligated to protect under these Rules or other law.

Hint 11

isolated re conflict of interest

Front 12

Substantial

Back 12

when used in reference to degree or extent denotes a material matter of clear and weighty importance.

Hint 12

weighty

Front 13

Tribunal

Back 13

denotes a court, an arbitrator in an arbitration proceeding or a legislative body, administrative agency or other body acting in an adjudicative capacity. A legislative body, administrative agency or other body acts in an adjudicative capacity when a neutral official, after the presentation of evidence or legal argument by a party or parties, will render a legal judgment directly affecting a party's interests in a particular matter.

Hint 13

adjudicative body

Front 14

Writing or written

Back 14

denotes a tangible or electronic record of a communication or representation, including handwriting, typewriting, printing, photostating, photography, audio or video recording and e-mail. A "signed" writing includes an electronic sound, symbol or process attached to or logically associated with a writing and executed or adopted by a person with the intent to sign the writing.

Hint 14

tangible record

Front 15

Competency

Back 15

Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.

Hint 15

KSTP

Front 16

Admonition

Back 16

Any authoritative caution or advice to desist certain action.

Hint 16

authoritative caution

Front 17

ABA

Back 17

A voluntary organization of lawyers, which among other things, participates in law school accreditation and continuing legal education in an effort to improve services and the administration of justice.

Hint 17

National Lawyer group

Front 18

Bar Association

Back 18

On a state level, it is an organization of members admitted to practice law in a state whose function is to promote professionalism and enhance the administration of justice.

Hint 18

members admitted to practice

Front 19

Billable hours

Back 19

time spent on legal services for a client that can be charged to the client.

Hint 19

chargeable time spent

Front 20

Business Ethics

Back 20

The study & evaluation of decision making by businesses according to moral concepts & judgments.

Hint 20

dactions according to moral concepts

Front 21

Censure

Back 21

process by which a formal reprimand is issued to an individual by an authoritative body.

Hint 21

authoritative reprimand

Front 22

Certification

Back 22

Form of self-regulation where an organization grants recognition and "license" to individuals that meet certain requirement.

Hint 22

self-regulated recognition for meeting requirements

Front 23

CLA

Back 23

Title awarded to paralegals who pass an exam and meet other criteria established by the NALA.

Hint 23

NALA

Front 24

CLAS

Back 24

Title awarded to paralegals who pass CLA exam, and at least one of the specialty exams, and who meet other requirements established by NALA.

Hint 24

CLA exam, and a specialty

Front 25

Chinese wall

Back 25

In business, a Chinese wall (or sometimes "firewall") is a metaphor used to refer to the practice of making sure that different parts of the firm are kept apart so that information does not circulate freely and to prevent conflicts of interest. The term is especially common in areas such as brokerage, law firms and management consulting

Hint 25

different parts and information kept apart

Front 26

Contempt, civil

Back 26

Disregard outside of the court for court order behavior.

Hint 26

Disregard outside court

Front 27

Code of conduct

Back 27

A written set of rules prescribing the ethical behavior for all individuals claiming membership or license in a group.

Hint 27

set of rules for group

Front 28

Code of ethics

Back 28

Code or set of rules setting forth the standards and guidelines for appropriate behavior. May also be referred to as a code or professional responsibility, code of conduct or other similar names.

Hint 28

rules for appropriate behavior

Front 29

Codefendant

Back 29

defendant or defender who is required to answer the same complaint as another defender of a plaintiff or pursuer in a civil lawsuit before a court, or has been formally charged or accused of the same act and event which violates a criminal statute.

Hint 29

multiple defendents

Front 30

Commingling of funds

Back 30

is a breach of trust in which a fiduciary mixes funds that he holds in the care of a client with his own funds, making it difficult to determine which funds belong to the fiduciary and which belong to the client. This raises particular concerns where the funds are invested, and gains or losses from the investments must be allocated. In such circumstances, the law usually presumes that any gains run to the client and any losses run to the fiduciary who is guilty of commingling. The problem of commingling is of particular concern in the legal profession. Attorneys are strictly prohibited from commingling their clients funds with their own, and such activity is grounds for disbarment in virtually every jurisdiction, because of the ease of embezzlement and the difficulty of detection. Similar rules apply for licensed real estate brokers handling earnest money and other professionals who hold deposits as agents for clients in absentia.

Hint 30

fiduciary mixes funds