Chapter 3 Civil Litigation 8th Edition Kerley Definitions

Cause of Action

A legal basis for a lawsuit based on the facts of the case and applicable law.

Claim Statutes

A type of law that requires a written notice describing a claim to be presented to the defendant before a lawsuit can be filed.

Conflict of Intrest

A situation in which, due to competing factors, one party (i.e., an attorney or a paralegal) might be unable to act entirely for the benefit of party to whom the fiduciary duty is owed.

Contingent Fee

A legal fee based on a percentage of the final settlement or recovery from a lawsuit.

Costs

Out-of-pocket expenses incurred in pursuing a legal action (e.g., filing fees).

Flat Fee

A legal fee based on a fixed sum rather than on an hourly rate or percentage of a recovery.

Hourly Billing

A legal fee based on a fixed amount for each hour the law firm spends on the case.

Laches

An equitable doctrine preventing a party from pursuing certain types of lawsuits (equitable) because that party has delayed to the extent that it would be unfair to the opposing party.

Model Rules of Professional Conduct

American Bar Association Rules setting standards for ethical conduct of lawyers; while not binding themselves, these rules form the basis for most state ethical rules.

Retainer

A legal fee imposed at the beginning of a legal action, usually intended to be applied to future attorney fees actually incurred.

Statute of Limitations

The maximum time period in which any lawsuit must be filed in court.

Tickler System

A calendaring system.

Trust Account (trust deposit)

A special bank account used exclusively for handling money belonging to another, usually a client.