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MGMT 200 Attorney-Client Relationship Alt. Dispute Resolution
Terms in this set (27)
The jurisrpudential system in which the parties to a legal dispute are opponents. Their attorneys advocate a great variety of theories of benefit to the cause of their clients both before and during the trial, and on any appeal.
A legal system used in some countries that allows the judge to investigate, question witnesses, and seek out evidence before a trial.
A person licensed to practice law, and usually called a lawyer, attorney, counsel, or counselor.
Someone with specialized training who assists an attorney. Also called a paralegal.
A relationship between two persons wherein one has an obligation to perform services with scrupulous good faith and honesty
In propria persona (in pro se)
Term meaning the person represents herself of himself in a legal action without the appearance of an attorney.
A fixed percentage of the monetary recovery obtained by a lawyer for a client. It is agreed on in advance and accepted in full payment for services rendered.
Legal Services Corp. (LSC)
A federally funded corp.that distributes federal tax dollars to state programs that provide legal assistance in noncriminal proceedings to persons financially unable to afford such services.
Pro bono publico
When an attorney provides legal services free of charge to poor but worthy clients or causes.
Legal service plans
Insurance plans designed to make legal services available to members of unions or other organizations, such as business firms.
Public interest law firm
A nonprofit law firm that offers assistance in areas such as employment, minority rights, civil rights, political rights, family law, and environmental law.
Written rules of conduct that are adopted by and binding upon members of a professional group
Rules promulgated by lawyer-governing bodies to proscribe standards of professional behavior and regulate lawyer and judicial conduct.
The right of clients to keep communications with their attorneys confidential and free from disclosure.
A private communication with an attorney-at-law in which the attorney is under a duty to keep the information secret.
Conflict of interest
When client's interests are at odds with another's because the attorney serves, might serve, or is tempted to serve the other.
Violation of a duty of due care by a professional person.
Alternative dispute resolution (ADR)
Various methods of resolving disputes through means other than the judicial process.
Communication between disputing parties for the purposes of persuasion and settlement or resolution.
The use of a neutral third party to assist parties in voluntarily resolving their dispute(s)
Use of a third party to lower tensions, improve communications, and explore possible solutions to a conflict.
A private confidential meeting between disputants and a third-party neutral.
American Arbitration Association (AAA)
A private nonprofit organization with the purpose of providing education, training, and administrative assistance to parties who use nonjudicial methods- that is, alternative dispute resolution (ADR) - for resolving disputes.
An alternative to litigation whereby conflicting parties select a neutral third party (for parties) to hear and decide their dispute. Arbitration can be binding or nonbinding.
The final decision of an arbitrator or other nonjudicial officer in the resolution of a dispute.
A type of nonbinding arbitration required by some courts before the parties may proceed to trial.
An alternative dispute resolution (ADR) process that combines mediation and arbitration.
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