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Ch. 2

Civil Litigation: Process & Procedures_3rd Edition_T.F.Goldman_A.H.Hughes

Ethics Minimally acceptable standards of conduct in a profession.
Model Rules of Professional Conduct The American Bar Association set of proposed ethical standards for the legal profession.
Unauthorized Practice of Law (UPL) Giving legal advice, if legal rights may be affected, by anyone not licensed to practice law.
Agent A person authorized to act on behalf of another.
Principal One who authorizes another to act on his or her behalf.
Fiduciary Relationship A relationship where one is under a duty to act for the benefit of another under the scope of the relationship.
Ethical Wall 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.
Confidentiality Ethical obligation to keep client information confidential founded on the behalf that clients should be able to tell their attorneys everything about their case so the attorney can give proper legal advice to the client.
Trier of Facts The trier of facts decides what facts are to be accepted and used in making the decision. It is usually a jury, but may be a judge who hears a case without a jury and decides what the facts are and applies the law.
Candor Obligation to not mislead the court or opposing counsel with false statements of law or of facts that the lawyer knows to be false.
Exculpatory Evidence Evidence that tends to prove the innocence of the accused or prove the facts of the defendant's case.
Created by: JacquelineS89