Lawyer Portal Careers Contact Us

Law Society of Alberta

  • Who We Are
    • Indigenous Land Acknowledgements

      Indigenous land acknowledgements to recognize the traditional territories that the Law Society of Alberta serves.
      • About Us
      • Executive Leadership Team
      • Board & Committees
        • Board Directory
        • Board Meetings
        • Committees and Task Forces
        • Other Bodies
      • Key Initiatives
        • Indigenous Initiatives
        • COVID-19 Updates
      • Engagement with Public and Profession
      • Affiliations
      • Annual & Financial Reports
      • Strategic Plan
      • Awards & Scholarships
        • Distinguished Service Awards
        • Recognition of Service
        • Scholarships
      • Frequently Asked Questions
  • For the Public
    • Complaints

      Find out more about the types of complaints the Law Society can or cannot help you with and how to file a complaint.
      • Find a Lawyer
      • Complaints
      • Finding Files & Wills
      • Public Resources
      • Financial Claims
      • Notices
      • Careers
  • Lawyers & Students
    • COVID-19 Updates

      An archive of announcements, information and resources.
      • Become a Lawyer
      • Membership Services
      • Forms & Certificates
      • Making A Payment
      • Trust Accounting & Safety
        • Responsible Lawyers
        • Filing Requirements
        • Anti-Money Laundering Model Rules
      • Professional Development
      • Fraud & Loss Prevention
      • Practice Advisors
      • Practice Management Consultations
      • Approved Legal Services Providers
      • Complaints
      • Equity Ombudsperson
      • Alberta Lawyers Indemnity Association
        • Report a Claim
        • Group Policy
        • ALIAlerts
        • ALIAdvisories
  • Resource Centre
    • Newest resource:

      Understanding and Avoiding Law Society Complaints
      • Learning Centre
      • Student Resources
      • Public Resources
      • Disaster Planning and Recovery
      • Upcoming Events
      • Media Room
      • eBulletins
      • Latest News
      • Lawyer Programs
        • Mentor Connect
        • Mentor Express
        • AdvisorLink
        • Locum Connect
        • Practice Management Consultations
        • SoloNet
        • Assist
      • Key Resources
        • Client Relationships
        • Communication & Research
        • Equity & Diversity
        • Ethics & Professionalism
        • Practice Management
        • Substantive Legal Knowledge
        • Trust Accounting & Safety
        • Wellness
        • Webinars
  • Regulation
    • Act, Code & Rules

      The Law Society of Alberta derives its authority from the Legal Profession Act and sets out standards through its Rules and Code of Conduct.
      • Act, Code & Rules
      • Hearings
        • Schedule
        • Decisions & Outcomes
        • Complaint Dismissal Appeals
        • Adjudicator Directory
        • Tribunal Office
      • Notices
        • Custodianship
        • Disbarment
        • Reinstatement
        • Resignation
        • Suspension
      • Unauthorized Practice of Law
  • Find a Lawyer
Resource Centre
  • Learning Centre
  • Lawyer Programs
    • Mentor Connect
      • Mentor Moments
    • Mentor Express
    • AdvisorLink
      • AdvisorLink Online Request
    • Locum Connect
      • Locum Listing
      • Locum Opportunity Listing
    • SoloNet
  • Key Resources
    • Client Relationship Management
    • Communication, Analytical & Research Skills
    • Ethics & Professionalism
    • Equity & Diversity
    • Practice Management
      • Leaving the Practice of Law
      • Returning to Practice
    • Substantive Legal Knowledge
    • Trust Accounting & Safety
    • Wellness
    • Webinars
      • Approved Legal Services Provider Webinar
      • Respectful Workplace Model Policy Webinar
  • Disaster Planning and Recovery
  • Student Resources
  • Public Resources
  • Upcoming Events
  • Media Room
  • eBulletins
  • Latest from the Law Society
  • Home
  • Resource Centre
  • Public Resources
  • Working With a Lawyer
  • Glossary of Terms
Glossary of Terms

Go to section:

A | B | C | D | E | F | G | I | J | L | M | N | O | P | R | S | T | U

A

Action – A civil proceeding or lawsuit. Sometimes called a civil action.

Adjournment – Suspending a hearing or trial until a later date or time.

Adjudication – A judgment or decision of a court of the process of coming to a decision.

Administration of Estates – The collection of assets of a deceased, payment of debts and the distribution of surplus to beneficiaries.

Administrator – A person appointed to manage and distribute the property of another person.

Advocate – A person who speaks on another’s behalf. Not to be confused with the French word which means lawyer.

Ad Hoc – (Latin) For this purpose

Affidavit – A written statement made by a person (called a deponent) who voluntarily signs it and swears or affirms that its contents are true to the best of his or her belief.

Affidavit of Records– A process in which the parties in a lawsuit are required to disclose to each other all relevant records in their possession.

Allegation – An assertion of fact made in a civil or criminal proceeding, which has not yet been proved to be true.

Appeal – A proceeding taken in a higher court to challenge the decision of a lower court or tribunal. There is not always a right to appeal a decision.

Applicant – The party bringing a motion.

Arbitration – A hearing before an arbitrator where both parties present their case and the arbitrator makes a decision which is binding on both parties.

Articling Student – A law student in training who is working under a lawyer in order to be called to the bar.

Assessment – To quantify or value something such as damages, property, taxation, etc.

Associates – Lawyers in law firms who are not partners but are salaried employees.

Attorney – A person appointed to act on another’s behalf (e.g. Power of Attorney). Not to be confused with the American term which means lawyer.

B

Bar (or being called to the Bar) – A word used to refer to the practice of law or all practicing lawyers. Originated from the partition across the front of a court behind which only barristers were allowed.

Breach of Contract – The breaking of a contractual obligation or promise. A breach entitles an injured party to damages.

Brief – A summary or concise statement. Case briefs are summaries of cases. Fact briefs of summaries of facts or client situations. Both are used for trial preparation.

Burden of proof – One party in a lawsuit must prove the case beyond a certain standard. The burden in a criminal case is “beyond a reasonable doubt’. In a civil case, it is “on the balance of probabilities”.

[Back to top]

C

Cause of Action – The facts that give rise to a lawsuit or a right of action.

Caveat Emptor – Latin for let the buyer beware.

Civil Law – Roman Law. The law practiced in Quebec but not any of the other Canadian provinces. It is based on a civil code.

Code – A body of law or rules (e.g. the Civil Code). Also used to describe rules of professional conduct.

Code of Conduct – Published descriptions of standards of conduct expected of lawyers. There is a national code published by the Canadian Bar Association and provincial codes published by each provincial law society.

Commercial Law – The law of business contracts, incorporations, partnerships, banking, insurance, patents, bankruptcy, etc.

Common Law – The part of the law that developed through decided cases in the courts. These courts used past cases or precedents to develop a bundle of law referred to as the common law.

Compensation – Payment made to compensate for loss or injury to a person or property.

Conflict of Interest – When the lawyer’s interest conflicts with a client’s interest or when two clients’ interests collide.

Constitution – The highest law of Canada. The rules that distribute sovereign powers and describe the rights of citizens. The Charter of Rights and Freedoms is part of the Canadian Constitution.

Contempt of Court – Failing to abide by an order of the court or acting in an insulting way to a court or judge.

Contingency Fee – A fee charged by a lawyer that is contingent upon the outcome of a trial or a settlement. It is calculated as a set percentage of the outcome.

Contract – an agreement enforceable at law.

Conveyance – A deed or instrument which transfers property.

Conviction – Finding a person guilty of an offence at trial.

Costs (or Bill of Costs) – The cost of lawyers’ fees and disbursements awarded by the court to a party at some stage of an action. If costs are ordered at trial it usually means the losing party must pay the winning party’s costs. The amount of costs that can be awarded is determined by the Alberta Rules of Court.

Counsel – Another name for lawyer.

D

Damages – Compensation for loss suffered. The principle is that the injured person should be put in the position he or she would have been in if not injured.

Disbar – Force a lawyer out of the profession so he or she is no longer allowed to practice law.

Disbursements –”Disbursements” are defined as payments by the lawyer on behalf of the client to a third party for a service or a report or other document related to the case (eg. payments for Medical-Legal Reports, Land Titles searches etc.).

[Back to top]

E

Evidence – The way in which facts are proven at trial. It is the legal means used to prove a fact, the truth of which is determined by a court or tribunal (e.g. oral evidence, affidavit evidence and documentary evidence).

F

Factual Analysis – Gathering and determining which facts are legally relevant.

Fees – Fees can be calculated based on a number of factors including time spent, percentage of the amount recovered such as a contingency fee or a fee fixed and agreed upon by the lawyer and the client.

Filing – Providing an institution with documents. Court filings are documents filed at the court, usually for a fee.

G

Guarantor – A person who is bound by a guarantee or one who promises to answer for another.

I

Independent Legal Advice – Advice from a lawyer about the services a client received from another lawyer. This advice is needed if one lawyer is acting for two clients who have a potential conflict of interest.

Indictment – A written accusation of a crime.

Injunction – An order by the court requiring that a party stop doing something (e.g. stop removing assets until trial is complete).

Interlocutory Order – An intermediate order by the court or tribunal usually granted in the middle of legal proceedings.

Interim Applications – An application made to the court before trial. It is to ask for interim relief while trial is pending.

Intestacy – If you die without a will the law describes how your estate will be distributed. This is called the law of intestacy.

Issue Determination – Determining the legal issues from a given set of circumstances.

[Back to top]

J

Judgment – A decision of a court or tribunal at the completion of a legal proceeding.

Juris Doctorate (JD) – A university law degree, granted after the completion of three years at a university faculty of law. Called a Bachelor of Law degree.

Just Cause – Sufficient reasons at law to permit employers to dismiss employees. For example, theft by an employee is usually just cause for dismissal. “Just cause” applies to other legal situations, in addition to the dismissal of an employee, such as “wrongful conversion of property” which is a taking “without just cause”.

L

LL.B. – A university law degree, granted after the completion of three years at a university faculty of law. Called a Bachelor of Law degree.

LL.M. – A post-graduate university degree in law. Called a Masters of Law degree.

Law Society – Provincial and territorial organizations which regulate lawyers by setting standards for admission and disciplining those who are guilty of misconduct.

Lawsuit – A civil action or legal proceeding.

Lawyer-Client Privilege – The rule that certain communications between lawyers and clients is confidential. This confidence can only be broken in specific situations.

Legal Aid – A government scheme which provides legal assistance in certain situations to those whose income falls below a certain level.

Legal Assistants – Legal assistants provide certain legal services under the supervision of lawyers. They generally have legal assistant training which enables them to provide many legal services such as drafting and filing court documents.

Legal Reasoning – reading and synthesizing the law and applying statutes and cases to a particular situation. A fundamental legal skill.

Lien – The right to hold property of a person as security for the performance of an obligation.

Limitation Date – The date beyond which a person can no longer seek a legal remedy. A person may not be able to bring a lawsuit after a certain time has expired.

Litigation – Is a legal process by which opposing parties bring their disputes before a judge for determination. Each person in the case is called a litigant. The process is adversarial and each party must present his or her own case usually through his or her lawyer and be prepared to defend against the opposing party’s case. It also describes the type of law in which lawyers pursue civil or criminal remedies in the courts.

M

Mediation – The process in which both parties, with or without lawyers, meet with a neutral third-party mediator to try to solve their dispute. The mediator does not decide; the parties must reach agreement together. The mediator does not decide, but only facilitates the discussion between the parties; the parties must reach agreement together.

Mortgage – The transfer of legal interest in land to secure the repayment of a debt. The mortgagor (or borrower) mortgages his or her property as security for a loan from the mortgagee (or lender).

Motion – An application to a court requesting something be done in the client’s favour. Usually done after legal proceedings have been commenced but before trial.

[Back to top]

N

Negligence – Omitting to do something that a reasonable person would have done. If a person does not take reasonable care, he or she can be held liable for damages resulting from that negligence.

Negotiation – The process by which parties discuss possible settlement of a dispute. In addition to their own lawyer, parties sometimes hire a trained negotiator to act on his or her behalf.

Notaries Public – Notaries Public are allowed by statute to provide certain limited legal services. They do not have the same education or training as lawyers.

Notice (employment) – The amount of notice the employer must give to the employee if intending to dismiss the employee.

O

Oath – A religious act by which a person calls God to witness the truth of what is being said. An affirmation may be said instead of an oath.

Offence – Crime

Opinion Letters – Letters written by lawyers providing an opinion to a client about the law; how it applies to a particular situation and the action a client should take.

Order – A direction or command. A court order is a command made by the court directing the parties to do something. It is issued by the court on completion of a hearing or trail and is legally binding on the parties to the litigation.

P

Paralegals – People who assist lawyers. In most of Canada, paralegals (also called legal assistants) must work under the supervision of a lawyer. Some Ontario paralegals can provide limited legal services.

Particulars – The details of a lawsuit which each party needs to know in order to bring or defend a claim. Often lawyers will ask a court to order the other party to provide particulars.

Partners – Lawyers within firms who share in profits of the firm and higher level decision-making within the firm.

Petition – A written statement to the government, court or public office asking for a remedy or relief. For example, bankruptcies are begun by way of petition. A petitioner is the person who files the petition.

Plaintiff – The person bringing a civil lawsuit. The defendant is the person defending the claim.

Plea Bargain – The defendant in a criminal prosecution may plead guilty to a lesser charge in return for the prosecution providing some advantage.

Pleadings – The written documents filed in a court describing the positions of the people bringing the action and the people defending the action. Initial pleadings are called Statements of Claim and Statements of Defence.

Power of Attorney – An instrument which empowers one person to act for another, usually in specific situations.

Precedent – A decision of a court or tribunal which sets a precedent for the case being decided. A precedent usually has similar facts and issues, and can be used by the court as a guide. As a general rule, lower courts must abide by the higher court decisions.

Pre-Trial Conference – A meeting of the parties to a lawsuit and their lawyers before a judge. The judge will help the parties narrow down issues and perhaps enable settlement to occur.

Prosecutor – A lawyer paid by the government to act on behalf of the Crown in criminal matters.

Purchase and Sale Agreement – An agreement between a buyer and seller which sets out the terms of the sale and purchase of a property such as a business or land.

[Back to top]

BROWSE-Q

Questioning – A meeting at which a party to a lawsuit is asked questions about the case by the opposing party’s lawyer under oath in the presence of a reporter who records the questions and answers.

R

Respondent – The opposing party to the applicant on a motion.

Retainer – The money a client provides to a lawyer when the lawyer is hired. It is used to retain the lawyer and is applied against costs incurred by the lawyer.

Retainer Agreement – An agreement made between a lawyer and a client that specifies the terms under which a lawyer is hired. It includes a description of fees to be charged and services to be provided. It can take the form of a letter or a contractual document.

Retainer Letter – A retainer letter is one from a lawyer to a client outlining the terms by which the lawyer was hired or retained.

Review of Legal Bill – Review and assessment of a legal bill by an officer of the court.

S

Solicitor – A lawyer who typically does office-based legal work and rarely presents cases in court.

Statement of Account – A statement that is sent to clients after legal services have been rendered, describing the services provided and the amount owing.

Statement of Claim – A written statement by the plaintiff in a lawsuit stating the facts upon which he or she will rely in support of a claim against a defendant.

Statute – A law made by an Act of Parliament (either provincial or federal) or by an Act of one of the Legislatures or the National Assembly of Quebec.

T

Trial – The hearing by a court of law of facts and law resulting in a decision by the court.

Tribunals – Court-like bodies which decide matters of administrative law such as labour disputes, workers’ compensation and immigration.

U

Undertaking – A promise to do something. If a lawyer breaches an undertaking, he or she may be disciplined.

Source: Fitzgerald, Maureen F.; So You Think You Need a Lawyer, McGraw-Hill Ryerson, 1998

Printed from https://www.lawsociety.ab.ca on January 16, 2021 at 5:24:19 PM
Law Society of Alberta ©2021 Law Society of Alberta.
  • Latest
  • Contact Us
  • Privacy
  • Sitemap
  • Careers
©2021 Law Society of Alberta.
  • Who We Are
    • Back
    • About Us
    • Executive Leadership Team
    • Board & Committees
      • Back
      • Board Directory
      • Board Meetings
      • Committees and Task Forces
      • Other Bodies
    • Key Initiatives
      • Back
      • Indigenous Initiatives
      • COVID-19 Updates
    • Engagement with Public and Profession
    • Affiliations
    • Annual & Financial Reports
    • Strategic Plan
    • Awards & Scholarships
      • Back
      • Distinguished Service Awards
      • Recognition of Service
      • Scholarships
    • Frequently Asked Questions
  • For the Public
    • Back
    • Find a Lawyer
    • Complaints
    • Finding Files & Wills
    • Public Resources
    • Financial Claims
    • Notices
    • Careers
  • Lawyers & Students
    • Back
    • Become a Lawyer
    • Membership Services
    • Forms & Certificates
    • Making A Payment
    • Trust Accounting & Safety
      • Back
      • Responsible Lawyers
      • Filing Requirements
      • Anti-Money Laundering Model Rules
    • Professional Development
    • Fraud & Loss Prevention
    • Practice Advisors
    • Practice Management Consultations
    • Approved Legal Services Providers
    • Complaints
    • Equity Ombudsperson
    • Alberta Lawyers Indemnity Association
      • Back
      • Report a Claim
      • Group Policy
      • ALIAlerts
      • ALIAdvisories
  • Resource Centre
    • Back
    • Learning Centre
    • Student Resources
    • Public Resources
    • Disaster Planning and Recovery
    • Upcoming Events
    • Media Room
    • eBulletins
    • Latest News
    • Lawyer Programs
      • Back
      • Mentor Connect
      • Mentor Express
      • AdvisorLink
      • Locum Connect
      • Practice Management Consultations
      • SoloNet
      • Assist
    • Key Resources
      • Back
      • Client Relationships
      • Communication & Research
      • Equity & Diversity
      • Ethics & Professionalism
      • Practice Management
      • Substantive Legal Knowledge
      • Trust Accounting & Safety
      • Wellness
      • Webinars
  • Regulation
    • Back
    • Act, Code & Rules
    • Hearings
      • Back
      • Schedule
      • Decisions & Outcomes
      • Complaint Dismissal Appeals
      • Adjudicator Directory
      • Tribunal Office
    • Notices
      • Back
      • Custodianship
      • Disbarment
      • Reinstatement
      • Resignation
      • Suspension
    • Unauthorized Practice of Law
  • Find a Lawyer
  • Lawyer Portal
  • Contact

Email: AdvisorLink

Fill in the form below to get in touch with AdvisorLink
  • 1. AdvisorLink (operated by the Office of the Practice Advisors) and the Advisors accept no liability whatsoever arising from assistance given to lawyers or to any persons claiming through or under them.
    2. Lawyers are obligated to independently verify statements of law, procedure or fact made to them by the Advisor, before relying on them.
    3. AdvisorLink must not be used as a substitute for the lawyers’ own thorough research and analysis or for the lawyers’ own professional judgment.

Email: Accounting

Fill in the form below to get in touch with Accounting
  • Drop files here or
      Text, PDF, MSOffice, and Images only. Max size 20 MB.

    Email: Customer Service

    Fill in the form below to get in touch.
    • Drop files here or
        Text, PDF, MSOffice, and Images only. Max size 20 MB.

      Email: General Feedback

      Fill in the form below to get in touch with General Feedback
      • Drop files here or
          Text, PDF, MSOffice, and Images only. Max size 20 MB.

        Email: Communications and Media Relations

        Fill in the form below to get in touch with Communications and Media Relations.
        • Drop files here or
            Text, PDF, MSOffice, and Images only. Max size 20 MB.

          Email: Indigenous Initiatives Liaison

          Fill in the form below to get in touch with Andrea Menard
          • Drop files here or
              Text, PDF, MSOffice, and Images only. Max size 20 MB.

            Email: Membership Services

            Fill in the form below to get in touch with Membership Services
            • Drop files here or
                Text, PDF, MSOffice, and Images only. Max size 20 MB.

              Email: Manager, Membership Services

              Fill in the form below to get in touch with Tina McKay
              • Drop files here or
                  Text, PDF, MSOffice, and Images only. Max size 20 MB.

                Email: Elizabeth Aspinall

                Fill in the form below to get in touch with Elizabeth Aspinall
                • Drop files here or
                    Text, PDF, MSOffice, and Images only. Max size 20 MB.

                  Email: Jesse Mackenzie

                  Fill in the form below to get in touch with Jesse Mackenzie
                  • Drop files here or
                      Text, PDF, MSOffice, and Images only. Max size 20 MB.

                    Email: Allan Guty

                    Fill in the form below to get in touch with Allan Guty
                    • Drop files here or
                        Text, PDF, MSOffice, and Images only. Max size 20 MB.

                      Email: SoloNet

                      Fill in the form below to get in touch with SoloNet
                      • Drop files here or
                          Text, PDF, MSOffice, and Images only. Max size 20 MB.

                        Email: Practice Management

                        • Drop files here or
                            Text, PDF, MSOffice, and Images only. Max size 20 MB.

                          Email: Nancy Bains

                          Fill in the form below to get in touch with Nancy Bains
                          • Drop files here or
                              Text, PDF, MSOffice, and Images only. Max size 20 MB.

                            Email: Inform Trust Safety

                            Fill in the form below to get in touch with Inform Trust Safety
                            • Drop files here or
                                Text, PDF, MSOffice, and Images only. Max size 20 MB.

                              Email: Trust Safety

                              Fill in the form below to get in touch with Trust Safety
                              • Drop files here or
                                  Text, PDF, MSOffice, and Images only. Max size 20 MB.

                                Email: Information Management

                                Fill in the form below to get in touch with Information Management
                                • Drop files here or
                                    Text, PDF, MSOffice, and Images only. Max size 20 MB.

                                  Email: Election

                                  Fill in the form below to get in touch with Election
                                  • Drop files here or
                                      Text, PDF, MSOffice, and Images only. Max size 20 MB.

                                    Email: Justicia Project

                                    Fill in the form below to get in touch with Justicia Project
                                    • Drop files here or
                                        Text, PDF, MSOffice, and Images only. Max size 20 MB.

                                      Email: Locum Connect

                                      Fill in the form below to get in touch with Locum Connect
                                      • Drop files here or
                                          Text, PDF, MSOffice, and Images only. Max size 20 MB.

                                        Email: Mentor Connect

                                        Fill in the form below to get in touch with Mentor Connect
                                        • Drop files here or
                                            Text, PDF, MSOffice, and Images only. Max size 20 MB.

                                          Email: Mentor Express

                                          Fill in the form below to get in touch with Mentor Express
                                          • Drop files here or
                                              Text, PDF, MSOffice, and Images only. Max size 20 MB.

                                            Email: Indigenous Law Student Summer Employment Program

                                            Fill in the form below to get in touch with Indigenous Law Student Summer Employment Program
                                            • Drop files here or
                                                Text, PDF, MSOffice, and Images only. Max size 20 MB.

                                              Email: ALIA

                                              Fill in the form below to get in touch with ALIA
                                              • Drop files here or
                                                  Text, PDF, MSOffice, and Images only. Max size 20 MB.

                                                Email: ALIAlert fraud alerts

                                                Fill in the form below to get in touch with ALIAlert fraud alerts
                                                • Drop files here or
                                                    Text, PDF, MSOffice, and Images only. Max size 20 MB.

                                                  Email: Equity Ombudsperson

                                                  Fill in the form below to get in touch with Elizabeth Aspinall
                                                  • Drop files here or
                                                      Text, PDF, MSOffice, and Images only. Max size 20 MB.

                                                    Email: Tribunal Office

                                                    Fill in the form below to get in touch with Tribunal Office
                                                    • Drop files here or
                                                        Text, PDF, MSOffice, and Images only. Max size 20 MB.

                                                      Email: Custodianship

                                                      Fill in the form below to get in touch with Custodianship
                                                      • Drop files here or
                                                          Text, PDF, MSOffice, and Images only. Max size 20 MB.