champertous (cham-p[schwa]r-t[schwa]s), adj. Of, relating to, or characterized by champerty; consti-tuting champerty (a champertous contract). “In England and many other countries, the contingent fee is prohibited as a form of champerty because it permits a client to carry on litigation in exchange for a promise to the lawyer of a share in the recovery. Although […]
A confidential mediation session that a mediator holds with an individual party to elicit settle-ment offers and demands. • When separate caucuses are used, the mediator typically shuttles between the two (or more) sides of a dispute to communicate offers and demands. Formerly, ABA Model Rule of Professional Re-sponsibility 2.2 (governing when a lawyer could
An attorney’s right to keep a client’s papers until the client has paid for the attorney’s services. • The attorney’s retaining lien is not recognized in some states. [Cases: Attorney and Client 182(3). C.J.S. Attorney and Client §§ 376–377.]
Interest on Lawyers’ Trust Accounts. A program that allows a lawyer or law firm to deposit a client’s retained funds into an interest-bearing account that designates the interest payments to charitable, law-related purposes, such as providing legal aid to the poor. • Almost all states have either a voluntary or mandatory IOLTA program. — Abbr.
interest on lawyers’ trust accounts Read More »
Torts. The principle that a plaintiff cannot sue in tort to recover for purely monetary loss — as opposed to physical injury or property damage — caused by the defendant. • Many states recognize an exception to this rule when the defendant commits fraud or negligent misrepresentation, or when a special relationship exists between the
economic loss rule Read More »
confidentiality, n. 1. Secrecy; the state of having the dissemination of certain information restricted. 2. The relation between lawyer and client or guardian and ward, or between spouses, with regard to the trust that is placed in the one by the other. [Cases: Witnesses 184–223. C.J.S. Witnesses §§ 297–389.]
caucus (kaw-k[schwa]s), n. 1. Representatives from a political party who assemble to nominate candidates and decide party policy. [Cases: Elections 125. C.J.S. Elections § 104.] 2. A meeting of a group, usu. within a deliberative assembly, of people aligned by party or interest to formulate a policy or strategy. — caucus, vb. “The term caucus