NALA ACP key terms

A person qualified by education, training, or work experience who performs substantive legal work under the supervision of an attorney, while remaining accountable to that attorney rather than directly to clients.

Giving legal advice, drafting legal documents for others, or appearing in court without a license to practice law or without authorized supervision by a licensed attorney.

The attorney's ongoing duty to direct, review, and take responsibility for a paralegal's work, including setting scope, checking accuracy, and remaining available for questions.

A rule protecting confidential communications between a client and attorney, and those assisting the attorney, from compelled disclosure in legal proceedings.

The broader ethical duty to keep client information secret regardless of its source, extending beyond privileged communications and continuing after the representation ends.

A situation where a paralegal's or attorney's personal, financial, or prior-representation interests could compromise loyalty to a client, requiring disclosure and possible withdrawal.

An administrative procedure isolating a conflicted paralegal from a matter, such as restricting file access, so the firm may continue representing a client without imputed disqualification.

The principle that one lawyer's conflict can disqualify an entire firm, subject to exceptions such as screening for nonlawyer employees who change employment.

The agreed boundaries of what legal services an attorney and paralegal will perform for a client, ideally documented in an engagement letter to prevent misunderstandings.

A written agreement stating the scope of work, fee arrangement, responsibilities of client and firm, and expectations, often signed before representation begins.

An advance fee paid by a client to secure legal services, which may be held in trust and drawn down as work is performed and billed.

A separate bank account where client funds are held in safekeeping, subject to strict recordkeeping, reconciliation, and prohibitions on commingling with firm money.

Illegally mixing client trust funds with the firm's own operating money, or using client funds for purposes unrelated to that client.

Interest on Lawyers' Trust Accounts: a program pooling nominal client funds so the earned interest funds legal aid, with interest belonging to the program rather than the client.

Materials prepared in anticipation of litigation, such as notes and memoranda, which receive qualified protection from discovery and are not automatically privileged.

The pretrial phase in which parties exchange information through interrogatories, requests for production, requests for admission, and depositions to prepare for trial.

Written questions served on another party that must be answered in writing under oath within a set time, often drafted by paralegals for attorney review.

Discovery demands asking another party to produce documents, electronically stored information, or tangible items for inspection and copying.

Sworn out-of-court testimony recorded by a court reporter, used to gather facts, preserve testimony, and impeach witnesses at trial.

A court order compelling a person to appear for testimony or produce documents, often used against nonparties who are not subject to ordinary discovery obligations.

A list identifying documents withheld from discovery on privilege grounds, describing each item sufficiently for the opposing party to assess the claim.

The official chronological record of filings and proceedings in a case, now usually maintained electronically and checked to track deadlines and filings.

A formal written statement of a party's claims or defenses filed with the court, such as a complaint, answer, or reply.

The initial pleading that starts a lawsuit, stating the plaintiff's allegations, legal claims, and the relief sought against the defendant.

Formally delivering legal papers to a party in the manner required by court rules, giving notice and triggering the deadline to respond.

A sworn written statement by the person who delivered legal documents, describing when, where, and how service was accomplished for the court record.

A written statement of facts confirmed by the oath or affirmation of the person making it, often used to support motions or certify service.

A public officer authorized to witness signatures and administer oaths, certifying that a signer appeared, was identified, and signed voluntarily.

A notarial certification that a person personally appeared and executed a document voluntarily, commonly required for deeds and other recorded instruments.

A law setting the maximum time after an event within which a lawsuit must be filed, after which the claim is generally barred.

A docket-control system tracking filing deadlines, hearing dates, and limitation periods so no matter is missed through oversight.

The process of locating and analyzing statutes, regulations, and case law to answer legal questions, typically using both primary and secondary sources.

Sources of law that are binding or persuasive in themselves, including constitutions, statutes, regulations, and court decisions.

Commentary that explains or analyzes the law, such as treatises, law review articles, and encyclopedias, used to find and understand primary sources.

The standard reference identifying a legal authority, including volume, reporter or code, page, court, and year, enabling readers to locate the source.

The initial process of gathering a prospective client's facts, contact details, and goals, and checking for conflicts before agreeing to representation.

A directive suspending routine destruction of records that may be relevant to reasonably anticipated litigation or an investigation.

The duty to avoid destroying potentially relevant evidence, including electronically stored information, once litigation is reasonably anticipated.

A contract restricting disclosure of sensitive information, commonly used in settlements, vendor relationships, and business transactions.