NALS PLS/CLP key terms

A situation where a paralegal's personal, financial, or other interest could improperly influence professional judgment, or where two clients' interests are directly adverse, requiring disclosure and possible withdrawal.

The ethical duty to keep client information secret, extending to prospective clients and surviving the end of representation, with narrow exceptions such as client consent or court order.

An evidentiary rule protecting confidential communications between a client and lawyer, made for legal advice, from compelled disclosure. It belongs to the client, not the lawyer or paralegal.

Materials prepared by a party or representative in anticipation of litigation, generally shielded from discovery absent substantial need and undue hardship. Distinct from privilege in scope and origin.

Performing legal services reserved to licensed attorneys, such as giving legal advice, setting fees, or appearing in court, by a nonlawyer. Paralegals may assist but not advise clients.

The requirement that a lawyer directly oversee paralegal work, remain responsible for its quality, and review the nonlawyer's conduct under the rules of professional conduct.

The permissible tasks a nonlawyer may perform under lawyer direction, including drafting, research, document management, and client communication, but excluding legal advice and fee setting.

A client's agreement to a course of action after receiving full disclosure of material facts, risks, and alternatives, given without coercion and often documented in writing.

A written agreement outlining the scope of representation, fees, costs, client responsibilities, and communication expectations, signed at the outset to prevent later disputes.

An advance payment securing a lawyer's availability or applied against future fees, or the agreement creating the attorney-client relationship. Its type affects how funds are handled.

A segregated account holding client funds, often pooled with interest going to legal aid under IOLTA programs. Requires accurate ledgers, timely reconciliation, and no commingling with firm money.

Mixing client funds with the firm's own money in a trust account, a serious ethical violation even when no client loses money. Earned fees must be withdrawn promptly.

A monthly check comparing the trust bank balance, the checkbook register, and the sum of individual client ledgers, ensuring all three agree and revealing errors or shortages.

The initial process of gathering a prospective client's facts, contact details, and documents, screening for conflicts, and deciding whether the firm will accept the matter.

Recording case deadlines and court dates in a calendar system with reminders and backup coverage, so that no filing or appearance is missed and malpractice risk is reduced.

Firm procedures for entering, verifying, and monitoring deadlines, including tickler systems and redundancy, so that dates are independently confirmed rather than trusted to one person.

A law setting the maximum time after an event within which a lawsuit must be filed, after which the claim is generally barred. Missing it can forfeit a client's rights.

A formal written statement of a party's claims or defenses filed with the court, such as a complaint or answer, which frames the issues in dispute.

The initial pleading by a plaintiff stating the facts, legal claims, and requested relief, which begins a civil action once filed and served on the defendant.

A defendant's responsive pleading admitting or denying each allegation and raising affirmative defenses or counterclaims within the time allowed by the rules.

Formal delivery of legal papers, especially a summons and complaint, in a manner the rules permit, giving the court jurisdiction and the party notice.

A document, often a signed declaration or affidavit, stating that and how papers were served, including the date, method, and person served, filed with the court.

A written statement of facts sworn or affirmed before a notary or other authorized officer, admissible in certain proceedings and carrying penalties for false statements.

A signed statement of facts made under penalty of perjury without a notary, permitted in many jurisdictions in place of an affidavit for specified filings.

A certificate by a notary public confirming that a signer appeared, was identified, and acknowledged signing voluntarily. Improper notarization can invalidate a document.

The pretrial process by which parties exchange information through interrogatories, requests for production, depositions, and requests for admission to narrow issues and avoid surprise.

Written questions served on another party that must be answered in writing and under oath within a set time, often limited in number by court rules.

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

A discovery device asking another party to produce documents, electronically stored information, or tangible items for inspection and copying within a stated period.

A court order compelling a person to appear for testimony or produce documents. A subpoena duces tecum specifically demands records rather than appearance alone.

Identification, preservation, collection, and production of electronically stored information such as email and databases, governed by rules on proportionality, form, and privilege protection.

A judgment entered for the plaintiff when the defendant fails to appear or respond within the required time, subject to being set aside for good cause.

A standardized reference identifying a case, statute, or regulation by reporter, volume, court, and year, enabling readers to locate the authority relied upon.

A widely used style manual prescribing uniform citation formats for cases, statutes, and secondary sources in legal writing and court filings.

Using a citator service to verify that a case remains good law and to trace later history, treatment, and citing references before relying on it.

An internal objective analysis of a legal question presenting facts, issues, governing rules, application, and a conclusion, used to advise the supervising attorney.

A writing structure organizing analysis into Issue, Rule, Application, and Conclusion, keeping legal discussion focused and logically sequenced.

Writing that uses short sentences, active voice, and familiar words so readers understand quickly. Courts increasingly require it in forms and client correspondence.

A document list identifying withheld materials and the privilege claimed for each, giving enough detail for the opposing party to assess the assertion without revealing protected content.