NALS ALP key terms

Performing legal tasks reserved for licensed attorneys, such as giving legal advice or representing a client in court, without holding a law license. Legal assistants must work under attorney supervision to avoid it.

The required oversight a licensed lawyer provides over a paralegal's work, including reviewing documents, assigning tasks, and taking responsibility for the final work product delivered to a client.

Legal information states general facts about law or procedure; legal advice applies law to a specific person's situation and recommends action. Non-lawyers may share information but generally may not give advice.

The ethical duty to keep client information private, broader than the evidentiary privilege. It covers nearly everything learned during representation and survives the end of the relationship, with limited exceptions.

An evidentiary rule protecting confidential communications between client and attorney from compelled disclosure. It belongs to the client, who may waive it, and it does not cover underlying facts.

A situation where a legal professional's duties to one client, or personal interests, could compromise loyalty or judgment for another client. It must be identified, disclosed, and resolved before work proceeds.

A client's agreement to a proposed action after receiving a full explanation of the material risks, alternatives, and consequences. It must be given voluntarily and is often documented in writing.

A separate account holding client funds, often pooled and earning interest for legal aid programs. Client money must be kept apart from firm operating funds and records must be precise.

Improperly mixing client funds with the firm's own money in one account. Even brief or accidental mixing can violate ethical rules and trigger discipline, so separate ledger records are essential.

A payment from client to lawyer at the start of representation. It may be an advance against future fees held in trust, or a true retainer earned on availability regardless of hours worked.

A written agreement defining the scope of representation, fees, billing method, client responsibilities, and communication expectations. It clarifies boundaries and helps prevent later disputes about the work promised.

The defined boundaries of what services the firm will and will not provide for a client, including matters excluded and the point at which representation ends.

The unique identifier a court assigns to a case, used on all filings and correspondence. It allows clerks and parties to locate the correct file among thousands of similar cases.

The heading of a court document listing the court, parties, docket number, and title of the paper. It identifies where and in which case the document is filed.

A signed statement, often attached to a filing, declaring that copies were delivered to all other parties on a stated date and by a stated method, such as mail or electronic filing.

A sworn or signed document showing that legal papers were delivered to another party, including the date, method, and recipient. Courts require it before acting on many motions.

Formal delivery of a summons and complaint to a defendant to give notice and establish the court's authority over that person. Rules specify acceptable methods and deadlines.

A law setting the deadline for filing a lawsuit or charge after an event occurs. Missing it usually bars the claim, so calendaring the deadline accurately is critical.

A method of recording deadlines, hearings, and follow-up dates so nothing is missed. It may be paper or software-based and often uses multiple reminders and a backup calendar.

The pretrial phase in which parties exchange information through interrogatories, document requests, depositions, and admissions. Its purpose is to narrow issues and prevent surprise at trial.

Written questions sent to another party in a lawsuit that must be answered in writing, usually under oath, within a set time. They are a standard discovery tool.

Out-of-court sworn testimony recorded by a court reporter, used to gather facts and preserve testimony. Attorneys question the witness, and the transcript may later be used at trial.

A formal written statement of a party's claims or defenses filed with the court, such as a complaint or answer. Pleadings frame the issues the case will address.

A formal written or oral request asking the court to take a specific action, such as dismissing a claim or compelling discovery. It is usually supported by a brief and evidence.

A written statement of facts confirmed by the maker's oath or affirmation before a person authorized to administer it, such as a notary. It may be used as evidence in proceedings.

A certificate in which a notary public confirms that a signer personally appeared, was identified, and signed voluntarily. It authenticates signatures on affidavits, deeds, and other documents.

A standardized reference identifying a legal authority, such as a case, statute, or regulation, by volume, reporter, court, and page. Accurate citation lets readers locate the source quickly.

A widely used manual prescribing uniform rules for citing legal authorities in legal writing. Courts and journals often require its format, though some jurisdictions publish their own citation rules.

Using a citator service to check whether a case or statute remains valid and has been followed, distinguished, or overruled. It is essential before relying on any authority.

Protection for materials an attorney prepares in anticipation of litigation, shielding them from opposing parties' discovery. It is distinct from the attorney-client privilege and can be overcome in limited situations.

A documented record of who handled evidence, when, and where, from collection through trial. Gaps can undermine authenticity and lead a court to exclude the item.

A written schedule stating which records the firm keeps, for how long, and how they are destroyed. It supports compliance and prevents spoliation when litigation is anticipated.

Submitting documents to a court through an approved electronic system instead of on paper. It requires correct formatting, file types, and confirmation that the filing was accepted.

Hidden data stored inside electronic files, such as author names, revision history, and comments. It should be scrubbed before documents are sent to opposing parties or filed publicly.

A list identifying documents withheld from discovery because they are privileged, with enough detail for the other side to assess the claim without revealing protected content.

A court order requiring a person to appear at a proceeding or produce documents. Failure to comply can result in contempt sanctions.

A fee arrangement in which the lawyer is paid a percentage of the client's recovery, often nothing if the case is lost. It must be explained clearly and put in writing.