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No disciplinary action should be taken when the lawyer chooses not to act or acts within the bounds of such discretion. Other Rules define the nature of relationships between the lawyer and others.

The Rules are thus partly obligatory and disciplinary and partly constitutive and descriptive in that they define a lawyer’s professional role. Many of the Comments use the term “should. That context includes court rules and statutes relating to matters of licensure, laws defining specific obligations of lawyers and substantive and procedural law in general.

The Comments are sometimes used to alert lawyers to their responsibilities under such other law. The Rules do not, however, exhaust the moral and ethical considerations that should inform a lawyer, for no worthwhile human activity can be completely defined by legal rules. The Rules simply provide a framework for the ethical practice of law. Most of the duties flowing from the client-lawyer relationship attach only after the client has requested the lawyer to render legal services and the lawyer has agreed to do so.

But there are some duties, such as that of confidentiality under Rule 1. See Rule 1. Whether a client-lawyer relationship exists for any specific purpose can depend on the circumstances and may be a question of fact.

For example, a lawyer for a government agency may have authority on behalf of the government to decide upon settlement or whether to appeal from an adverse judgment. Such authority in various respects is generally vested in the attorney general and the state’s attorney in state government, and their federal counterparts, and the same may be true of other government law officers. Also, lawyers under the supervision of these officers may be authorized to represent several government agencies in intragovernmental legal controversies in circumstances where a private lawyer could not represent multiple private clients.

These Rules do not abrogate any such authority. The Rules presuppose that disciplinary assessment of a lawyer’s conduct will be made on the basis of the facts and circumstances as they existed at the time of the conduct in question and in recognition of the fact that a lawyer often has to act upon uncertain or incomplete evidence of the situation.

Moreover, the Rules presuppose that whether or not discipline should be imposed for a violation, and the severity of a sanction, depend on all the circumstances, such as the willfulness and seriousness of the violation, extenuating factors and whether there have been previous violations.

Bail Bondsperson: A person who lends money to a defendant to pay for bail. Bail Commissioner : A state-appointed person who may set the amount of bond for persons detained at a police station prior to arraignment in court, and who recommends to the court the amount of bond that should be set for the defendant on each criminal case.

Best Interest of the Child : The standard a judge uses to decide custody and visitation issues. Bench Warrant: Court papers issued by the judge, “from the bench,” for the arrest of a person. Bond : Also called bail. There are two kinds of bonds: Non-financial bonds: a Non-surety bond where the defendant’s signature alone guarantees the amount of bond and the defendant is not required to post any property or retain the services of a professional bail bondsperson as collateral.

Surety bond: The court requires cash, real estate or a professional bail bondpersons signature as collateral before releasing the defendant back into the community. The court may allow the defendant to post ten percent of the bond in cash to secure his or her release.

Bond Forfeiture calling the Bond : If the defendant fails to appear in court as scheduled, the judge may order the bond forfeited paid to the state and the defendant rearrested. Bondsman: A surety; one who has put up cash or property as collateral before a defendant may be released. Brief: A written document prepared by a lawyer or party on each side of a dispute and filed with the court in support of their arguments. Broken Down Irretrievably: The most common reason for granting a divorce.

It means there is no hope of the husband and wife getting back together again. Also known as “no-fault” divorce. Calendar: A list of court cases scheduled for a specific date and time; the civil and family court docket. Calendar Call: The calling of cases scheduled for the day, usually done at the beginning of each court day. Capias Mittimus: A civil arrest warrant used to get a person physically into court to respond to a specific case or claim.

Capital Felony: A criminal offense in which the death penalty may be imposed. Effective April 25, , this term was replaced in the General Statutes with murder with special circumstances. Case Conference: A meeting scheduled by the court to review the case. Case File: The court file containing papers submitted in a case. Case Flow Coordinator: A person who keeps track of your case and supervises the scheduling of hearings and trials.

Certify: To testify in writing; to make known or establish as a fact. Charge to Jury: In trial practice, an address delivered by the court to the jury at the close of the case instructing the jury as to what principles of law they are to apply in reaching a decision.

Civil Criminal. Chattels: All property except real property; personal property. For example: jewelry, clothing, furniture, and appliances. Child Support : Money paid by a parent to help meet the financial needs of a child. The ” Chip Smith Charge ” is an instruction to deadlocked jurors in civil and criminal cases, urging those jurors who disagree with the majority vote to reexamine the majority views in an effort to reach a unanimous verdict. Civil Action: A lawsuit other than a criminal case usually filed in a Judicial District courthouse.

Includes family actions divorces, child support, etc and small claims cases, although these are both separately designated. A person who provides classification, program, counseling and recreational services to detained juveniles. May attend certain court hearings in Juvenile Matters and provide reports.

Common Law: Laws that develop through case decisions by judges. Not enacted by legislative bodies. Community Service: Work that convicted defendants are required to perform in order to repay the community for the harm caused to the community by the crime. A community service program for persons charged with drug offenses. Upon successful completion of the community service sentence, the criminal case is dismissed. Complaint : A legal document that tells the court what you want, and is served with a summons on the defendant to begin the case.

Complex Litigation: A specialized docket designed for complex civil cases, where one judge hears the case from beginning to end. Criteria includes: multiple parties, large amounts of money, lengthy trial or complex legal issues. Conditional Discharge: A disposition, in criminal cases, where the defendant must satisfy certain court-ordered conditions instead of a prison term. Contempt of Court : A finding that someone disobeyed a court order.

Can also mean disrupting court, for example, by being loud or disrespectful in court. Continuance: The adjournment or postponement of a court case to another day.

Continuance Date: Date on which the case will next be heard in court. Contract: A legally enforceable agreement between two or more persons or parties.

Costs: Expenses in prosecuting or defending a case in court. Count: The different parts of a complaint, which could each be a basis or grounds for the lawsuit. Counter Claim : A claim by the defendant in a civil action that the defendant is entitled to damages or other relief from the plaintiff. Court-Appointed Attorney: An attorney who is asked by the court judge to either represent a party to the case, or to serve in some other capacity that the case requires.

Court Clerk: The person who maintains the official court record of your case. Court Interpreter : The person who translates court hearings from English to another language. Provided at state expense in all criminal cases and in cases enforcing child support orders, if requested.

No interpreter is available for divorce or any other civil case. Court Monitor: The person who prepares a written record of the court hearing for a fee, if requested, from audiotapes made during the hearing.

Court Reporter: The person who records everything said during the court hearing on a stenograph machine and prepares a written record for a fee, if requested. Court Services Officer: A person who assists the judge and oversees cases as they go through the court.

Crime Victim Compensation Program : Awards money to crime victims and their families for medical, mental health, dental, funeral expenses, lost wages and loss of support. Cross-Examination: Questioning by a party or the attorney of an adverse party or a witness. Custody : A court order deciding where a child will live and how decisions about the child will be made.

Parents may ask for any custody arrangement that they believe is in the best interest of their child. Custody Affidavit : A sworn statement containing facts about a child involved in a case, including full name of the child, date of birth, current and past residences and other information as may be required by law.

Damages: Money a party receives as compensation for a legal wrong. Day Incarceration Center clients are supervised during the daytime hours, seven days per week. Declaration: An unsworn statement of facts made by a party to the transaction, or by one who has an interest in the facts recounted. Defendant: In civil cases, the person who is given court papers, also called a respondent. In criminal cases, the person who is arrested and charged with a crime.

Delinquent: In civil or family cases, failing to pay an amount of money when due: In juvenile cases, a child who violated a law, local ordinance, or an order of the Superior Court. Deposition: Testimony of a witness taken, under oath, in response to another party’s questions. Testimony given outside the courtroom, usually in a lawyer’s office. A word for word account transcript is made of the testimony. Detention Hearing or Detention Release Hearing: A hearing on the first business day after a juvenile is admitted to juvenile detention concerning the legality and appropriateness of continued detention of the juvenile.

The detention decision must be reviewed at least every fifteen days. Discovery: A formal request by one party in a lawsuit to disclose information or facts known by other parties or witnesses. Dismissal Without Prejudice: A judges decision to end the case which permits the complainant or prosecutor to renew the case later.

In contrast, dismissal “with prejudice” prevents the complainant or prosecutor to bring or maintain the same claim or action again.

Dissolution : The legal end of a marriage, also called a divorce. Diversionary Programs : Community based programs that are used to keep eligible, convicted criminal offenders out of prison.

Docket: A list of cases scheduled to be heard in court on a specific day or week. Docket Number: A unique number the court clerk assigns to a case.

It must be used on all future papers filed in the court case. Each docket number starts with two letters that tell the type of case. Domicile: The permanent home of a person. A person may have several residences, but only one domicile. Drug Court: A Special Session of the Superior Court that is responsible for hearing cases involving charges of drug offenses. Education Program : A program for family violence offenders that, if granted and successfully completed, results in dismissal of criminal charges C.

Ejectment: A legal case filed against someone who is a holdover tenant someone who remains after the expiration of a lease. Electronic Monitoring: An electronic system that provides the Probation Officer or Bail Commissioner a report about whether the offender has left home during the time when the offender was required to remain at his or her home.

Emancipated Minor: A person under the legal majority age of 18 who is granted most rights and legal privileges of an adult C. Eminent Domain: The legal process by which private property is taken for public use without the consent of the owner. Eviction: Legally forcing a tenant out of rented property. Housing Publications. Evidence : Testimony, documents or objects presented at a trial to prove a fact.

Ex Parte: Done for, or at the request of, one side in a case only, without prior notice to the other side. Execution Suspended: A prison sentence that is suspended in whole or in part provided certain conditions of probation or conditional discharge are met by the defendant. Failure to Appear: In a civil case, failing to file an Appearance form. In a criminal case, failing to come to court for a scheduled hearing. Family Relations Counselor: A person who mediates disagreements and negotiates agreements in custody, visitation and divorce cases.

At the request of the judge, a family relations counselor may evaluate a family situation by interviewing each parent and the children in the family. Your contact number. Subject Medical negligence Personal injury Other. Your Message. Please leave this field empty. See also Why choose M R Law? Our guarantee Recommendations Meet our team.

Medical negligence claims Personal injury If you, a family member or a friend has suffered an injury, we can help recover the maximum possible award of general and special damages, help with medical care, rehabilitation and other support.

Personal injury claims Why choose M R Law? So you pay nothing for the services of an experienced and qualified team. But there are far more reasons for you to choose us…. The straightforward medical negligence claim process can take from 9 to 18 months or 24 to 48 months if there is a dispute.

The straightforward personal injury claim process takes as little as 6 to 24 months or longer if there is a dispute.

See our infographic for more information. Suggest new definition. Acronym Finder. Samples in periodicals archive: to contend that “Ayat” of Holy Qur’an are included in the book of Nimaz; that no litigation whatsoever was pending regarding the houses of Christians; that the existence or non-existence of mens rea is a question of fact, which cannot be decided in extraordinary constitutional jurisdiction at all learned counsel then while relying upon Article of the Constitution of the Islamic of Pakistan, strenuously urged that the said provision can be invoked where an efficacious alternate remedy is not available; whereas in the case in hand the petitioner may file application under Section K Cr.

 
 

 

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For example: not guilty; guilty; no contest. A community service program for persons charged with drug offenses. How long is the personal injury claim process?

 
 

– What is mr in law – what is mr in law:

 
 
Plaintiff: The person ia sues or starts a civil case, also called the petitioner or the complainant. The rules of wht are relaxed and people often represent themselves instead of hiring an attorney. Usually happens the morning after a person is arrested. Despite the time that has elapsed since, many people remain unaware of the consequences arising from those changes. Wage Execution : The process of deducting money from wages to pay a judgment. In contrast, dismissal “with prejudice” prevents the complainant or prosecutor to bring or maintain the same claim or action again.