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2009 Summer Confidentiality and Ethics Terminology

AB
American Bar Association (ABA)A voluntary professional association with more than 400,000 members; this group provides law school accreditation, continuing legal education, information about the law, programs to assist lawyers and judges in their work, and initiatives to improve the legal system for the public.
attorney as advisorAn attorney who gives opinions and recommendations to his or her client about the legal consequences of proposed actions, prepares legal documents and pleadings, and performs other duties to help resolve conflicts for the client.
attorney as advocateAn attorney who is acting on behalf of his or her client in court and other settings such as mediation and arbitrations.
attorney-client privilegeThe protection afforded communications between attorneys and his or her client(s) so that attorneys and clients can communicate openly and honestly
canonsWritten rules governing the policies and standards of conduct of an association or group; the ten NALS canons are fundamental to the success and high standards of its members.
Code of Judicial EthicsStandards of ethical conduct for judges.
comminglingMixing trust funds with law office funds, which violates RPC 1.15A(c).
confidentialityThe duty of an attorney or anyone working behalf of the attorney not to divulge any information obtained in the course of representing the client unless the client gives permission.
conflict of interestA situation in which an attorney would represent opposing parties in the same case or represent clients with opposing positions or interests in current or future cases. Attorneys have a duty of loyalty to their clients and should prevent conflicts of interest from arising by checking to the relationships between past and current clients and avoid representing persons with opposing positions or interests.
counselorAn attorney or lawyer; see also attorney as advisor
disbarTo deprive an attorney of the right to practice law by rescinding his license to so practice, as a result of illegal or unethical conduct by the attorney.
disciplinary proceduresThe procedure by which rules of professional conduct are enforceable.
disciplinary rulesThose regulations of the ABA Code of Professional Responsibility stating the minimum level of conduct below which no lawyer can fall without being subject to disciplinary action.
escrowSomething of value delivered to a disinterested third party to be held pending performance of certain conditions and delivered upon performances.
fiduciaryA person or institution who manages money or property of another and who must exercise a standard of care imposed by law, e.g., personal representatives or executor of an estate, a trustee, etc.
Model Rules of Professional ConductThe guidelines that define the relationship of the lawyer to the legal system.
NALS Code of Ethics and Professional ResponsibilityTen canons that form the basis of the professional integrity promoted by members of NALS
privileged communicationsthose documents which are protected by attorney-client privilege; the documents and information given by a client to his or her attorney which is confidential and shared only between attorney and client.
pro bonoUsed to describe work or services (legal services) done or performed free of charge.
recuseAct of disqualifying a judge, or judge disqualifying himself, from acase because of bias or personal interest.
reprimandA term defined in the ABA Model Standards for Lawyer Discipline and Disability Proceeding to refer to a “form of public discipline imposed after trial or formal charges which declares the respondent’s conduct to have been improper but does not limit his right to practice.”
sanctionsThe part of law which is designed to secure enforcement by imposing a penalty for its violation or offering a reward for its observance.
suspendTo interrupt; to postpone; to stay, delay or hinder; to discontinue temporarily, but with an expectation or purpose of resumption.
trust account or trust fundThe bank or financial account which contains the funds of a client; the funds being held in trust by an attorney on behalf of his or her client. Funds in a client trust account and an attorneys’ firm operations account should be separate and cannot be commingled.
unauthorized practice of law (UPL)To deprive an attorney of the right to practice law by rescinding his license to practice, as a result of illegal or unethical conduct by the attorney. Also used to describe paralegals and/or lawyer’s assistants of performing legal work that is only to be done by an attorney such as quoting legal fees.
Wash. St. Court Rules--ELCRules of Enforcement of Lawyer Conduct--rules that govern the enforcement of lawyer conduct including sanctions and remedies.
Wash. St. Court Rules--RPCRules of Professional Conduct--rules that attorneys in the state of Washington abide by.


Program Coordinator/Instructor
Renton Technical College

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