Former Rules

Former Rules of Professional Conduct: Terminology

  [1] "Belief" or "believes" denotes that the person involved actually supposed the fact in question to be true. A person’s belief may be inferred from circumstances.
   [2] "Consent" denotes a client’s uncoerced assent to a proposed course of action, following consultation with the lawyer regarding the matter in question.
   [3] "Consult" or "consultation" denotes communication of information reasonably sufficient to permit the client to appreciate the significance of the matter in question.
   [4] "Firm" or "law firm" denotes a lawyer or lawyers in a private firm, lawyers employed in the legal department of a corporation or other organization, and lawyers employed in a legal services organization. See Comment, Rule 1.10.
   [5] "Fraud" or "fraudulent" denotes conduct having a purpose to deceive and not merely negligent misrepresentation or failure to apprise another of relevant information.
   [6] "Knowingly," "known," or "knows" denotes actual knowledge of the fact in question. A person’s knowledge may be inferred from circumstances.
   [7] "Law clerk" denotes a person, typically a recent law school graduate, who acts, typically for a limited period, as confidential assistant to a judge or judges of a court; to an administrative law judge or a similar administrative hearing officer; or to the head of a governmental agency or to a member of a governmental commission, either of which has authority to adjudicate or to promulgate rules or regulations of general application.
   [8] "Matter" means any litigation, administrative proceeding, lobbying activity, application, claim, investigation, arrest, charge or accusation, the drafting of a contract, a negotiation, estate or family relations practice issue, or any other representation, except as expressly limited in a particular rule.
   [9] "Partner" denotes a member of a partnership and a shareholder in a law firm organized as a professional corporation.
   [10] "Reasonable" or "reasonably" when used in relation to conduct by a lawyer denotes the conduct of a reasonably prudent and competent lawyer.
   [11] "Reasonably should know" when used in reference to a lawyer denotes that a lawyer of reasonable prudence and competence would ascertain the matter in question.
   [12] "Substantial" when used in reference to degree or extent denotes a material matter of clear and weighty importance.
   [13] "Tribunal" denotes a court, regulatory agency, commission, and any other body or individual authorized by law to render decisions of a judicial or quasi-judicial nature, based on information presented before it, regardless of the degree of formality or informality of the proceedings.