(a) "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.
(b) "Confirmed in writing,"
when used in reference to
the informed consent of a
person, denotes informed
consent that is given in
writing by the person or a
writing that 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"
denotes a lawyer or lawyers
in a law partnership,
professional corporation,
sole proprietorship or other
association authorized to
practice law; or lawyers
employed in a legal services
organization or the legal
department of a corporation
or other organization.
(d) "Fraud" or "fraudulent"
denotes conduct that is
fraudulent under the
substantive or procedural
law of the applicable
jurisdiction and has a
purpose to deceive.
(e) "Informed consent"
denotes the agreement by a
person 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.
(f) "Knowingly," "known," or
"knows" denotes actual
knowledge of the fact in
question. A person's
knowledge may be inferred
from circumstances.
(g) "Partner" denotes 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 used in
relation to conduct by a
lawyer denotes the conduct
of a reasonably prudent and
competent lawyer.
(i) "Reasonable belief" or
"reasonably believes" when
used in reference to a
lawyer denotes that the
lawyer believes the matter
in question and that the
circumstances are such that
the belief is reasonable.
(j) "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.
(k) "Screened" denotes the
isolation of a lawyer from
any participation in a
matter through the timely
imposition of procedures
within a firm that are
reasonably adequate under
the circumstances to protect
information that the
isolated lawyer is obligated
to protect under these Rules
or other law.
(l) "Substantial" when used
in reference to degree or
extent denotes a material
matter of clear and weighty
importance.
(m) "Tribunal" denotes 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.
(n) "Writing" or "written"
denotes a tangible or
electronic record of a
communication or
representation, including
handwriting, typewriting,
printing, photostating,
photography, audio or
videorecording 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.
