lawyer

third-party beneficiary

Definition

A person who is neither a promisor nor promisee in a contractual agreement, but stands to benefit from the contract’s performance. A third-party beneficiary may legally enforce that contract, but only after his or her rights have already been vested (either by the contracting parties’ assent or by justifiable reliance on the promise).

According to the Restatement (First) of Contracts § 133 (1932), there are three classes of third-party beneficiaries:

 

retainer

Definition

A fee that the client pays upfront to an attorney before the attorney has begun work for the client.

There are three types of retainers, each with a different purpose:

(1) A general retainer, which is a fee for a specific period of time rather than for a specific project. While no specific representation is contemplated, the client pays for the attorney’s availability during the time specified.

 

libel per se

Definition

A defamatory statement that is communicated in a fixed medium and is considered to be so harmful on its face that the plaintiff need not prove special damages. Examples of libel per se are statements that: (i) relate to the person’s business or profession to the person’s detriment; (ii) falsely claim that the person committed a crime of moral turpitude; (iii) imputes unchastity on the person; or (iv) claim that the person suffers from a loathsome disease.

 

disbarment

Definition

The revocation of a lawyer’s license to practice law, usually as a result of a violation of professional ethics.

Disbarment may be imposed by the state bar association if a lawyer commits an offense that directly relates to his or her fitness to practice law. Such offenses may include dishonesty, fraud, felony, substance abuse, abuse of public office, or “conduct that is prejudicial to the administration of justice.”

 

Subscribe to RSS - lawyer