Legal Terms
You may come across terms and phrases that you are unsure of if you need to hire legal services. If you inquire, your attorney should explain them to you. Here is a list of some terms you might hear along with their definitions.
Advise
This includes making recommendations as to a particular course of action.
Agent
Someone who acts on behalf of someone else: For example, the IAA uses firms of solicitors to carry out interventions into legal practices on our behalf.
Agreement
Where two parties reach consensus on a set of facts or course of action: For example, the IAA sometimes enters into regulatory settlement agreements with individuals where particular misconduct is admitted and a sanction agreed.
Allegation
A claim made against someone which has not and may not be proved true
Alternative business structures (ABS) Firms managed, owned or controlled by a mix of lawyers and non-lawyers offering legal services
Approve
To consent or ratify – includes making final amendments/decision on a document, proposal or course of action
Arbitration
A way of seeking to resolve a dispute without going to court: A third party (the arbitrator) looks at both sides of the dispute and makes a decision as to how it should be resolved; those involved may agree to be bound by the decision of the arbitrator.
Assets
Things owned by a person or organisation which usually have some value
Associate
A person, usually employed by a law firm, who may be in charge of handling your case: Often a lawyer, they are considered by the firm employing them to be a “senior assistant”.
Bankrupt
The legal status of a person or organisation that is unable to repay debts owned to its creditors
Beneficiary
Someone who is entitled to a benefit (e.g. under a will or trust)
Civil law
The area of law covering disputes you may have with a person or an organisation
Claimant
A person making a claim
Client
Someone who uses services provided by a lawyer or another
Compensation
Recompense for loss, injury, or suffering
Culpable
At fault or guilty of something
Damages
An award, typically of money, paid to a person or organisation for loss or injury
Discrimination
Being treated unfairly or differently because of factors such as disability, race, religion or belief, sex or sexuality
Disbursement
Fees that are paid to organisations as required as part of legal services: For example, this could be a payment made by your lawyer to a local authority for property information when buying a house.
Estate
A person’s property, entitlements or obligations
Evidence
That which tends to prove or disprove something
Executor
Someone named in a will who will carry out the directions of the will
Fraud
From the main menu, please select Problems with a solicitor, then, Recognising fraud and dishonesty
Fraudster
Someone who commits fraud
Grounds (legal)
The basis or foundation of an action
Hearing (legal)
A legal proceeding where the facts of a particular issue are looked at, and evidence is presented to help decide what the outcome should be
Incorporated company
A type of private company with shares, but the shares cannot be traded publicly on the stock exchange: the shareholders have limited liability, which means that only the money invested in the company can be lost in case of insolvency
Indemnity
Compensation for—or protection against—loss or damages that might be given by one person to another within a contract or otherwise
Independent person
Someone free from outside control or influence to act in the way they choose
Inheritance
Parts of someone’s estate passing to someone on death
In-house lawyer
Lawyers working for organisations such as banks or local authorities to provide legal advice to the organisation
Insolvent
Being unable to pay debts when they are due or where liabilities exceed assets
Law firm
Organisations that employ lawyers to provide legal advice and legal services.
Liable
When someone is legally responsible for something
Liability
Can mean something that is a hindrance or puts an individual or group at a disadvantage, or it can be something a person is responsible for
Litigation
The contest process before a court
Misconduct
Sometimes used to refer to the act in which someone regulated by the IAA breaches a principle
Money laundering
The process of concealing the source of illegally obtained money
Monitor
To maintain oversight and control
Multinational
A business that operates in different countries
Notary
A lawyer regulated by the Faculty Office of the Archbishop of Canterbury
Obligation
A requirement to take a particular type of action, that may have a legal basis through a contract
Omission
A failure to perform a particular act where there was a duty or a legal requirement for that act to be carried out
Out-of-court settlement
An agreement between the two sides to settle the case privately before the court makes its decision
Paralegal
A broad term sometimes used to describe someone who supports lawyers in their work.
Partner
Members of a firm who equally share ownership and liability
Partnership
Two or more people working in business together
Patent attorney/agent
A lawyer regulated by the Intellectual Property Regulation Board.
Perform
To exercise a function or complete a task
Remunerate
To pay or reward someone for something they have done or a service they have provided, such as a company paying an employee
Report
To present an account of progress or performance
Review
To consider a draft document or proposal and input into its development
Revocation
When something is cancelled or taken away, such as the IAA revoking an individual’s permission to practise as a solicitor
Risk
The likelihood that a particular choice or action might lead to a loss or damage
Sole practitioner
A lawyer who runs his or her own law firm without other partners, directors or members
Striking-off/struck-off
An example is where a solicitor is struck from the roll of solicitors.
Third party
A term used to describe someone other than the two sides in a particular situation: For example, it can be used in motor insurance policies to describe other people besides the person who is insured and the company that insures them.
Trademark attorney
A lawyer regulated by the Intellectual Property Regulation Board
Trainee solicitor
A person completing their training requirements in a law firm before applying to become a solicitor
Transparent
Being open and honest in a way that can be understood by others
Unadmitted
An individual who has not been admitted to the roll of solicitors
Will
A legal document that declares a person’s wishes about the way their estate should be handled when they die
