lawyer

Definition

A person who is neither a promisor nor promisee in a contractual agreement, but stands to benefit from the contract’s performance.

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.

(2) Also termed a retaining fee, a deposit or lump sum fee which the client pays in advance.

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.

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.”

Definition

A standard form contract drafted by one party (usually a business with stronger bargaining power) and signed by the weaker party (usually a consumer in need of goods or services), who must adhere to the contract and therefore does not have the power to negotiate or modify the terms of the contract. Adhesion contracts are commonly used for matters involving insurance, leases, deeds, mortgages, automobile purchases, and other forms of consumer credit.