An association that involves one person’s reliance on the other person’s specialized training. • Examples include one’s relationship with a lawyer, doctor, insurer, banker, and the like.
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salary. An agreed compensation for services — esp. professional or semiprofessional services — usu. paid at regular intervals on a yearly basis, as distinguished from an hourly basis. • Salaried positions are usu. exempt from the requirements of the Fair Labor Standards Act (on overtime and the like) but are subject to state regulation. Cf.
commingling (k[schwa]-ming-gling), n. A mixing together; esp., a fiduciary’s mixing of personal funds with those of a beneficiary or client. • Commingling is usu. considered a breach of the fiduciary relationship. Under the Model Rules of Professional Conduct, a lawyer is prohibited from commingling personal funds with those of a client. — Also spelled comingling.
secret, n. 1. Something that is kept from the knowledge of others or shared only with those concerned. See STATE SECRET; TRADE SECRET. 2. Information that cannot be disclosed without a breach of trust; specif., information that is acquired in the attorney–client relationship and that either (1) the client has requested be kept private or
An objectively baseless lawsuit the primary purpose of which is to hinder or interfere with a com-petitor’s business relationships. See Professional Real Estate Investors, Inc. v. Columbia Pictures Indus., Inc., 508 U.S. 49, 113 S.Ct. 1920 (1993). — Also termed sham lawsuit; sham suit. See SHAM EXCEPTION.
law practice. An attorney’s professional business, including the relationships that the attorney has with clients and the goodwill associated with those relationships. Cf. PRACTICE OF LAW. [Cases: Attorney and Client 63. C.J.S. Attorney and Client §§ 165–166, 179–181, 234.]