courts and procedure

Definition

Written or oral materials prepared by or for an attorney in the course of legal representation, especially in preparation for litigation. Generally, an opposing party may not discover or compel disclosure of work product. In limited circumstances, however, an opposing party may discover or compel disclosure of work product upon a showing of "substantial need" and "undue hardship." Fed. R. Evid.

Definition

A rule that an opposing party generally may not discover or compel disclosure of written or oral materials prepared by or for an attorney in the course of legal representation, especially in preparation for litigation. In limited circumstances, however, an opposing party may discover or compel disclosure of work product upon a showing of "substantial need" and "undue hardship." 

Definition

The amount billed to a client for legal services performed on his or her behalf. Attorney's fees may be an hourly, flat (for a particular service, e.g. $10,000 to handle all aspects of a DUI case) or contingent fee (a percentage of client's recovery, e.g. 33%). Attorney's fees may be set by an attorney-client compensation agreement or in certain types of cases, by statute or a court. 

Definition

Someone authorized to practice law; a lawyer. Also called attorney and public attorney.

Illustrative caselaw

See, e.g. Supreme Court of Virginia v. Consumers Union of U.S., Inc., 446 U.S. 719 (1980).

Definition

See attorney's fees (or attorneys' fees).

Definition

The chief law enforcement officer of the federal government or a state. The U.S. Attorney General represents the United States in litigation, oversees federal prosecutors, and advises the President and heads of federal, executive departments on legal matters. State attorneys general represent their states in litigation, oversee prosecutors, and advise members of their states' executive branches on legal matters.

Definition

1) A lawyer who appears in court or receives pleadings and other formal documents on a party's behalf. Also known as counsel of record.

2) In patent and trademark law, a lawyer or agent named in a power of attorney filed by a patent or trademark applicant.

Definition

Testimony or confirmation that something is true, genuine, or authentic. An attestation is frequently in writing. For example, a witness attests a will by signing it; his or her signature may confirm, inter alia, that he or she witnessed the testator sign the will.

Illustrative caselaw

See, e.g. Keely v. Moore, 196 U.S. 38 (1904).

See also

• Attest
• Attestation clause
• Estates and trusts

Definition

A clause at the end of a document, in particular a will, which sets forth the legal requirements the document must satisfy, states that those requirements have been met, and is signed by one or more witnesses. An attestation clause strengthens the presumption that the requirements have been met. 

Illustrative caselaw

See, e.g. Keely v. Moore, 196 U.S. 38 (1904).

Definition

1) Someone authorized to practice law; a lawyer. Also called attorney-at-law and public attorney.