DEFINITIONS AND TERMINOLOGY

As used in these Rules, the following terms shall have the following meanings: (a) “Belief” or “believes” means the person involved actually supposed the fact in question to be true. A person’s belief may be inferred from circumstances. (b) “Confirmed in writing,” referring to the informed consent of a person means informed consent given in writing by the person or a writing a lawyer promptly transmits to the person confirming an oral informed consent. See paragraph (e) for the definition of “informed consent.” If it is not feasible to obtain or transmit the writing at the time the person gives informed consent, then the lawyer must obtain or transmit it within a reasonable time thereafter. (c) “Firm” or “law firm” means a lawyer or lawyers in a law partnership, professional corporation, sole proprietorship or other association authorized to practice law; lawyers employed by the government to represent the government or a governmental entity; or lawyers in a legal services organization or the legal department of a corporation or other organization. (d) “Fraud” or “fraudulent” means conduct fraudulent under the substantive or procedural law of the applicable jurisdiction and for the purpose to deceive. (e) “Informed consent” means a person’s agreement to a proposed course of conduct after the lawyer has communicated adequate information and explanation about the material risks of and reasonably available alternatives to the proposed course of conduct. Whether a client has given informed consent to representation shall be determined in light of the mental capacity of the client to give consent, the explanation of the advantages and risks involved provided by the lawyer seeking consent, the circumstances under which the explanation was provided and the consent obtained, the experience of the client in legal matters generally, and any other 5 circumstances bearing on whether the client has made a reasoned and deliberate choice. (f) “Knowingly,” “known,” or “knows” means actual knowledge of the fact in question. A person’s knowledge may be inferred from circumstances. (g) “Partner” means a member of a partnership, a shareholder in a law firm organized as a professional corporation, or a member of an association authorized to practice law. (h) “Reasonable” or “reasonably” when referring to a lawyer’s conduct means the conduct of a reasonably prudent and competent lawyer. (i) “Reasonable belief” or “reasonably believes” when referring to a lawyer means the lawyer believes the matter in question and the circumstances are such that the belief is reasonable. (j) “Reasonably should know” when referring to a lawyer means a lawyer of reasonable prudence and competence would ascertain the matter in question. (k) “Screened” means the isolation of a lawyer from any participation in a matter through the timely imposition of procedures within a firm reasonably adequate under the circumstances to protect information the isolated lawyer is obligated to protect under these Rules or other law. (l) “Substantial” when referring to degree or extent means a material matter of clear and weighty importance. (m) “Tribunal” means a court, an arbitrator in a binding arbitration proceeding or a legislative body, administrative agency or other body acting in an adjudicative capacity. A legislative body, administrative agency or other body acts in an adjudicative capacity when a neutral official, after the presentation of evidence or legal argument by a party or parties, will render a binding legal judgment directly affecting a party’s interests in a particular matter. 6 (n) “Writing” or “written” means a tangible or electronic record of a communication or representation, including, but not limited to, handwriting, typewriting, printing, Photostatting, photography, audio or video recording and e-mail. A “signed” writing includes an electronic sound, symbol or process attached to or logically associated with a writing and executed or adopted by a person with the intent to sign the writing. (o) “Advance,” “advance payment of fees,” or “retainer” means a payment by a client in anticipation of the future rendition of services that is not earned until such services are rendered and that is to be credited toward the fees earned when such future services are rendered. (p) “Nonrefundable fee” means a fee paid to an attorney and earned by the attorney before professional services are rendered. Such a nonrefundable fee may be in exchange for retaining the attorney’s availability alone or may be in exchange also for the right to receive specified services in the future for no additional fee, or for a stated fee. CLIENT-LAWYER RELATIONSHIP