Definitions

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6 Law Office Practice (Week 1 - 4 ) Flashcards on Definitions, created by MadisynRenee on 13/04/2016.
MadisynRenee
Flashcards by MadisynRenee, updated more than 1 year ago
MadisynRenee
Created by MadisynRenee over 8 years ago
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Confidentiality "cornerstone of the legal relationship' A set of rules or a promise that limits access to, or places restrictions on, certain types of information.
Retainer A contract for the provision of specialized services, such as the contract between a legal practitioner and a client for the provision of legal services.
Who/ what is a fiduciary? is someone who has undertaken to act for and on behalf of another in a particular matter in circumstances which give rise to a relationship of trust and confidence. eg. solicitors, conveyancers, partners
A fiduciary is: - in a position of trust - expected to always act in the best interests pf the other party (ie. loyalty) - obligated to avoid conflicts of interest - obligated to act impartially
The law requires that a fiduciary: - provide confidentiality -does not put personal interests before their duty to their client. - must not profit from their position unless with client consent.
what are the "reserved areas of work"? is anything in terms of court only lawyers may carry out. eg. tax, wills, trusts
Regulated services in relation to a lawyer... - legal services -conveyancing services -services that lawyer provides by undertaking the work of a real estate agent.
Regulated services in relation to a conveyancing practitioner... - conveyancing services - services that a conveyancing practitioner provides by undertaking the work of a real estate agent.
professional misconduct means conduct of the lawyer or incorporated law firm that occurs at a time when he/she is providing regulated services. s7 LACA more serious!
unsatisfactory conduct conduct that falls short of the standard of competence and diligence that a member of the public is entitled to expect of a reasonably competent lawyer. s12 LACA
conflict of interest as per rule 6.1 of Conduct and Client Care Rules "a lawyer must not act for more than 1 client on a matter where there is more than a negligible risk that the lawyer may be unable to discharge the obligations owed to 1 client or more of the clients."
undertaking "a formal pledge or promise to do something" (taken seriously in a law firm)
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