Exam 4: Attorney Client Relationship

A broad term used to describe methods of resolving disputes through means other than the traditional judicial process is .

As a means of reducing tension in a mediation,the mediator may meet with the parties individually and keep their confidences using a

The attorney-client privilege is identical to a lawyer's duty to the client of confidentiality.

Consider this statement: "Non-lawyer 'legal assistants or paralegals' should be authorized to offer legal services directly to the public." What are the pros and cons of this proposition?

In all states,communications made by the client to the attorney are ,meaning the client has the right to have such communications remain confidential.This is called the_______________ .

Negligence by an attorney in handling his or her client's case is called

A mini-trial is a voluntary,non-binding process used primarily by large business organizations to better inform themselves on the merits of a case.

In civil litigation the party who loses the case is normally responsible for payment of the winner's attorney fees.

Explain the fundamental differences between civil court,negotiation,mediation,and arbitration.

In the United States,the loser of a lawsuit generally must pay

One major requirement of the adversary system is that the aggrieved party not merely an observer,must be the one to initiate and pursue available legal remedies.

Arbitration clauses in consumer and employment contracts have received considerable attention from the courts in recent years.

Explain the purpose of the adversary system in both criminal and civil cases.Use examples and address both of these questions in your answer: a.Why do guilty persons in criminal cases routinely plead not guilty? b.Why do plaintiffs in civil cases who have been injured (i.e. ,suffered out-of-pocket expense)by the act(s)of the defendant to the extent of,say $25,000,customarily sue for much more,perhaps $250,000?

Frequently,non-lawyers perform many tasks under the supervision of attorneys.Which of the following functions can a non-lawyer perform without creating the risk of practicing without a license?

It is often said "one who serves as his own lawyer has a fool for a client." If this is true,how do you justify: a.the philosophy of ADR advocates who urge direct negotiations with potential court opponents whenever feasible,and b.the use of small-claims courts whenever appropriate?

With a few exceptions,a person may appear ,or in other words,may represent himself or herself in court without the presence of an attorney.

Gacaca courts are a historic South African tribal-based conflict resolution method.

An arbitrator must be

Mediation is a binding process whereby a private judge decides a pending case.

A party to a case can lawfully represent him or herself,but cannot represent others without a license to practice law.