Legal Practice Glossary

Accounts Payable

Money owed to vendors for services or supplies purchased on credit for the law practice.

Example: Outstanding invoices from legal research services or office supply vendors

Accounts Receivable

Money owed to the law firm by clients for legal services rendered.

Example: Outstanding client invoices for completed legal work

Admission

The process by which attorneys become licensed to practice law in a jurisdiction.

Example: Bar admission requires passing the bar exam and meeting character requirements

Attorney-Client Privilege

Legal protection that prevents disclosure of confidential communications between attorney and client.

Example: Client confessions to attorney are protected by attorney-client privilege

Billable Hours

Time spent on client matters that can be charged to the client at the attorney's hourly rate.

Example: Researching case law for a client's matter generates billable hours

Case Management System

Software platform used to organize and track client matters, deadlines, and case information.

Example: Using case management software to track all active litigation matters

Character and Fitness

Background investigation process for bar admission focusing on moral character and professional conduct.

Example: Character and fitness review examines criminal history and financial responsibility

Client Intake

Process of collecting information from prospective clients and determining representation.

Example: Client intake includes conflict checking and collecting contact information

Client Portal

Secure online platform where clients can access case documents and communicate with their attorney.

Example: Clients log into the portal to view case updates and upload documents

Client Trust Account (IOLTA)

Separate bank account where attorneys hold client funds, generating interest for legal aid programs.

Example: Retainer payments are deposited into the client trust account

Conflict of Interest

Situation where attorney's duty to one client conflicts with duty to another client or personal interests.

Example: Representing both parties in a divorce creates a conflict of interest

Continuing Legal Education (CLE)

Required ongoing education to maintain active bar membership and legal competency.

Example: Most states require 12-15 CLE hours annually to maintain bar membership

Contingency Fee

Fee arrangement where attorney payment is contingent on successful case outcome, typically a percentage.

Example: Personal injury attorney takes 33% contingency fee on settlement recovery

Court Rules

Procedural rules governing how cases are conducted in specific courts or jurisdictions.

Example: Federal Rules of Civil Procedure govern federal court litigation

Docket

Court's calendar of cases or a case management system showing deadlines and court dates.

Example: Attorney checks the docket to see when the motion hearing is scheduled

Document Management

System for organizing, storing, and retrieving legal documents and case files.

Example: Document management system allows quick search of all case pleadings

Engagement Letter

Written agreement between attorney and client defining scope of representation and terms.

Example: Engagement letter specifies hourly rate and estimated total fees

Ethics Rules

Professional conduct rules governing attorney behavior and client relationships.

Example: Ethics rules require confidentiality of client communications

Fee Agreement

Written contract specifying how attorney fees will be calculated and paid.

Example: Hourly fee agreement specifies $350/hour rate with monthly billing

Flat Fee

Fixed fee arrangement for specific legal services regardless of time spent.

Example: Attorney charges flat fee of $2,500 for simple will preparation

Guardian ad Litem

Attorney appointed by court to represent interests of minor children or incapacitated adults.

Example: Guardian ad litem represents children's interests in custody disputes

Hourly Billing

Fee structure where clients pay for attorney time spent on their matters.

Example: Attorney bills client $400/hour for research and writing time

Intake Process

Systematic procedure for collecting client information and determining representation.

Example: Intake process includes conflict check, fee discussion, and engagement letter

IOLTA (Interest on Lawyer Trust Accounts)

Program where interest earned on client trust accounts funds legal aid organizations.

Example: IOLTA funds provide legal services to low-income individuals

Legal Malpractice

Professional negligence by attorney resulting in damage to client's legal position.

Example: Missing statute of limitations deadline may constitute legal malpractice

Matter Management

System for organizing and tracking individual client cases or legal matters.

Example: Matter management system tracks deadlines and tasks for each case

Motion Practice

Process of making formal written requests to the court for specific rulings or orders.

Example: Motion for summary judgment asks court to decide case without trial

Non-Billable Time

Time spent on administrative tasks, marketing, or practice management that cannot be charged to clients.

Example: Time spent on billing, marketing, and CLE courses is non-billable

Practice Management Software

Integrated software platform for managing law firm operations, clients, and cases.

Example: Practice management software handles billing, calendaring, and document storage

Professional Liability Insurance

Malpractice insurance protecting attorneys against claims of professional negligence.

Example: Professional liability insurance covers defense costs and damages from malpractice claims

Retainer

Advance payment by client to secure attorney services, typically held in trust account.

Example: Client pays $5,000 retainer before attorney begins work on the case

Scope of Representation

Specific legal services and matters covered under attorney-client engagement.

Example: Scope limited to contract review, excluding litigation representation

Statute of Limitations

Time limit for filing legal claims or lawsuits after events giving rise to the claim.

Example: Personal injury claims typically have 2-3 year statute of limitations

Time and Billing Software

Software for tracking billable hours and generating client invoices.

Example: Time and billing software automatically calculates fees based on recorded hours

Trust Account

Separate bank account for holding client funds, kept separate from attorney operating funds.

Example: Client retainers and settlement funds are deposited in trust account

Unauthorized Practice of Law

Providing legal services without proper licensing, which is illegal in all jurisdictions.

Example: Non-attorneys cannot represent clients in court or give legal advice

Work Product

Attorney's mental impressions, legal theories, and case strategy, protected from disclosure.

Example: Attorney's case analysis and strategy notes are protected work product

Written Fee Agreement

Required written contract in many states specifying fee arrangements between attorney and client.

Example: State law requires written fee agreements for representations exceeding $1,000