PP Paralegal key terms

Giving legal advice or performing legal services, such as representing a client in court, without a license to practice law. Paralegals may assist lawyers but cannot do these tasks independently.

Legal information explains the law generally; legal advice applies the law to a specific person's situation and recommends action. Paralegals may share information but must leave advice to lawyers.

A rule protecting confidential communications between a client and lawyer, including the lawyer's staff, from forced disclosure. The client holds the privilege and may waive it.

The ethical duty to keep client information private. It is broader than privilege, covers facts learned during the relationship, and continues after the representation ends.

A situation where a lawyer's or paralegal's personal interest, or duty to another client, could impair loyalty or judgment. It must be identified, disclosed, and handled under ethics rules.

A systematic search of current and former clients and adverse parties before accepting a matter or adding a party, to detect disqualifying conflicts.

A separate account holding client funds, such as advances for costs or settlements. Funds must be kept apart from the firm's money and disbursed only as earned or authorized.

Money a client pays to hire a lawyer. An advance fee retainer is held in trust and drawn down as work is billed; a true retainer may be earned when paid under the agreement.

A lawyer's responsibility to ensure a paralegal's work is properly delegated, trained, and reviewed. Paralegals must not be asked to do tasks that only a licensed lawyer may perform.

A set of facts giving a person the right to sue for a remedy. It usually corresponds to a legal theory such as breach of contract or negligence.

The facts a plaintiff must prove to win a particular legal theory, such as duty, breach, causation, and damages in negligence. Each element must be supported by evidence.

A law setting the deadline for filing a lawsuit after an injury or claim arises. Missing it usually bars the claim, so calendaring deadlines is critical.

A court's authority to hear a case. Subject-matter jurisdiction concerns the type of case; personal jurisdiction concerns the parties' connection to the forum.

The proper geographic location or court within a system that has jurisdiction. Venue rules decide where a case should be filed, not whether a court has power.

The duty to prove disputed facts. In civil cases it is usually a preponderance of the evidence; in criminal cases, beyond a reasonable doubt.

The pretrial process for exchanging information, including interrogatories, requests for production, depositions, and requests for admission. It narrows issues and prevents surprise at trial.

A court order requiring a person to appear, produce documents, or both. A subpoena duces tecum specifically demands documents or records.

A written statement of facts sworn to or affirmed under penalty of perjury before a notary or other authorized person. It is often used to support motions.

A pretrial ruling deciding a case without trial when no genuine dispute of material fact exists and one party is entitled to judgment as a matter of law.

Law created by a government body, such as constitutions, statutes, regulations, and court decisions. Courts must follow relevant primary authority.

Commentary that explains or analyzes the law, such as treatises, law review articles, encyclopedias, and practice guides. It is persuasive, not binding.

The principle that courts should follow earlier decisions on similar facts, especially from higher courts in the same jurisdiction. It gives consistency to the law.

The court's essential legal conclusion necessary to decide the case. It is binding in later cases, unlike incidental statements or reasoning.

A research tool that shows whether a case or statute is still good law and lists later cases citing it. It helps detect overruling or negative treatment.

A legal analysis format: Issue, Rule, Application, Conclusion. It organizes writing by stating the question, the governing law, how the law applies to the facts, and the result.

An objective internal document analyzing a legal question for a lawyer. It typically includes facts, issues, short answers, analysis, and conclusion, often using IRAC.

Fully concentrating on a speaker, reflecting back what you heard, and asking clarifying questions. It helps paralegals gather accurate facts and build trust.

A question that invites a full explanation rather than a yes or no answer, often beginning with who, what, when, where, why, or how. It is useful in client interviews.

The initial process of gathering a new client's information, identifying the legal issue, checking conflicts, and explaining the engagement. Good intake prevents later problems.

Clear, direct writing and speech that avoids unnecessary jargon so clients can understand. It supports informed consent and effective communication.

The ability to communicate respectfully and effectively across differences in culture, language, and background. It includes recognizing biases and adapting explanations.

Techniques to calm an upset person by staying composed, listening, acknowledging feelings, and setting boundaries. It helps keep client interactions safe and productive.

Recording court deadlines, hearings, and internal tasks in a reliable system with reminders. Missing a deadline can waive rights or cause malpractice.

The process of identifying, preserving, collecting, and producing electronically stored information in litigation. It includes emails, documents, databases, and metadata.

A written directive to preserve potentially relevant evidence once litigation is reasonably anticipated. Destroying evidence after a hold can lead to sanctions.

Hidden data about an electronic file, such as author, creation date, and revision history. It can reveal confidential information and must be managed before production.

Removing or obscuring confidential information from a document before it is filed or produced. Proper redaction must remove the underlying text, not just black it out visually.

Submitting court documents electronically through an approved system. It requires correct formatting, acceptable file size, and confirmation that the court accepted the filing.

A program that organizes matters, contacts, documents, deadlines, and billing in one system. It improves consistency and helps prevent missed tasks.