Legal Terms Glossary

• Agent

  An agent is someone who acts on behalf of someone else. For example, a nominated individual who acts on behalf of someone else as a power of attorney.

• Agreement

  When two parties reach an understanding of a set of facts or the proposed course of action for the future. For example, when a married couple reaches a consensus on their divorce terms.

• Allegation

  A claim made against someone, often without proof. Or a claim that someone has engaged in an unlawful act.

• Appointeeship

  When an incapacitated person is entitled to their retirement pension or additional state benefits, the Department for Work and Pensions allow an ‘appointee’ to hold their benefits on behalf of the incapacitated person. The appointee is usually a relative, friend or a person from a caring profession (for example, the local authority social services department).

• Alternative dispute resolution

  Alternative ways to resolve a dispute include arbitration and mediation, doing so can help to avoid court.

• Assets

  Assets are “things” that are owned by a person or an organisation which bear value.

• Bankrupt

  A person or organisation who is unable to pay their debts to creditors has a legal status of being bankrupt.

• Barrister

  A lawyer in common law jurisdictions who specialise in courtroom defence and prosecution.

• Beneficiary

  A person eligible for a benefit. For example, a person written into a will or trust.

• Bequest

  money or personal property left in a person’s will.

• Chambers

  The rooms or offices used by an independent group of barristers who share the expenses.

• Chattels

  Physical, personal possessions that are moveable and tangible.

• Civil law

  Legal disputes between persons or organisations.

• Claimant

  The person who is making a claim.

• Client

  A client is an individual or organisation that uses the services provided by another.

• Cohabitation contracts

  This is a legally binding ‘honourable agreement’ between an unmarried couple that wants to live together that wishes to protect their assets and rights should the relationship come to an end.

• Compensation

  Payment for loss, injury or suffering.

• Compromise agreements

  When a dispute in the workplace between an employee and their employer reaches a mutual agreement without having to go to a tribunal, it is documented as a ‘compromise agreement’. A legal document is drawn up and this will confirm the terms of the agreement - in turn, your legal claim against your employer will be given up. In some cases, the employer will contribute to the legal costs as part of the agreement.

• Damages

  Money paid to compensate the loss of a life or injury.

• Discrimination

  Unfair treatment due to a particular belief, disability, race, religion, sex or sexuality.

• Disbursement

  This refers to a payment being made on behalf of a client to a third party.

• Domicile

  A person’s permanent home, that they go back to or plan on returning to.

• Estate

  A person’s ownership or an interest in land including their entitlements or obligations.

• Evidence

  Proof used to disprove something.

• Executor

  A named person written into a will who will carry out its directions.

• Fee earners

  An employee who personally makes income for their firm. Examples of fee earners typically include barristers, solicitors and chartered legal executives.

• Forfeited (to the Crown)

  When someone dies without a written will or it is invalid, their assets can be passed to the state if the relatives of the deceased can’t be found.

• Fraud

  Purposely misrepresenting or concealing information to which a victim relies on, in order to harm the victim.

• Fraudster

  A person who misrepresents and/or conceals information to harm a person - i.e someone who commits fraud.

• Grants of representation

  Is a document issued by the court that allows the executor/administrator to deal with the deceased’s assets.

• Grounds (legal)

  The principles of an action i.e reasons adequate in law that justify relief of an action.

• Hearing (legal)

  Judicial proceedings where facts of a case are looked into and evidence is provided to assist the decision of the outcome.

• Indemnity

  The contractual obligation for a person to compensate the loss suffered to another as a result of their actions.

• Inheritance

  The passing on of someone’s estate after their death.

• In-house lawyer

  Lawyers who work for an organisation - including banks and local authorities.

• Insolvent

  Unable to repay debts.

• Instructing

  Approving a lawyer to represent you and describing to them the type of work you would like them to do.

• Integrity

  The quality to be honest and moral.

• Intellectual property (IP)

  Ideas that you originated and legally own due to copyright, trademark or patent.

• Interest (legal)

  A privilege, claim or right to something.

• Interim proceedings

  Hearings that occur between the first and final hearing.

• Intervention

  The point where a regulator takes over the papers and money of a legal firm to safeguard the public.

• Intestate

  When a person dies without a will.

• Judge

  A person who leads court proceedings and listens to all witnesses and evidence provided by all parties of the case. The judge assesses the credibility of the arguments from all parties and issues judgement on the decision they have come to from their interpretation of the law.

• Jury

  12 randomly selected people from the public who must sit in court and hear the evidence of a case in order to decide on the verdict of guilty or not guilty. Juries and jurors are found in criminal courts.

• Law firm

  An organisation that employs lawyers who are able to offer their legal services.

• Law Society of England and Wales

  The organisation that advances and represents solicitors and their interests throughout England and Wales.

• Lawyer

  A qualified person who is able to provide legal advice, support and services.

• Legal aid

  Funding from the government to help people manage the costs of legal services, where they are eligible for it. Legal aid is also given at police stations to those who have been arrested.

• Legal disciplinary practice (LDP)

  A law firm where solicitors work together with other types of lawyers.

• Legal executive

  A lawyer managed by ILEX Professional Standards, also referred to as IPS.

• Legal Ombudsman

  An independent entity that deals with complaints about poor services experienced with lawyers and firms throughout England and Wales.

• Legal professional privilege (LPP)

  The information that a client shares with their lawyer is in confidence and should not be revealed without the consent of their client. LPP only applies to a client and their solicitor or barrister. It’s important to note that LPP doesn’t include other legal professionals.

• Legal services

  Services such as legal advice and legal representation in court that’s provided to a client.

• Liable

  A person who is legally responsible.

• Liability

  Something that hinders or puts an individual or group at a disadvantage or something a person is accountable for.

• Licensed conveyancer

  A property law lawyer and other similar areas of law who are managed by Council for Licensed Conveyancers.

• Limited liability partnership (LLP)

  A business partnership where some or all partners have little liability when it comes to legal and financial obligations.

• Litigation

  The procedure of taking legal action.

• Litigant

  Someone who is involved within a lawsuit.

• Litigant in person

  A person who represents themself in their court proceedings.

• Magistrate

  A non-legal volunteer who listens to cases within their community and applies the law to it, typically for a court that deals with minor offences and preliminary hearings for more serious offences.

• Manager (of a law firm)

  Defined by the SRA Code of Conduct 2011 as: an LLP member, a company director, a partner in a partnership, a person in relation to any other firm as a member of its governing body.

• Magna Carta

  Latin, meaning ‘great charter’. This is the principle that every person is subject to the law - including the king and queen - and guarantees humans rights, the right to justice and a fair trial.

• Mediation

  An arbitration are ways to resolve a dispute, where court avoidance is desired.

• Misconduct

  This refers to the act of a regulated professional neglecting known principles.

• Money laundering

  Illegally taking money and concealing it.

• Next-of-kin status

  The closest blood relative. When a person falls ill or dies, the next-of-kin will receive their inheritance if there isn’t a will to specify who their estate should be passed on to.

• No win no fee

  Your solicitor will not receive a payment if your claim is unsuccessful. If it is, the solicitor claims a higher-than-usual fee to reflect their risk of taking on your case.

• Obligation

  A requirement for a person to take certain action, of which could be stated in a contract.

• Omission

  A failure to act or perform something when there was a duty or legal requirement to do so.

• Ordinary power of attorney

  Legally giving power to someone else to manage your financial affairs when it is hard for you to manage them on your own. No one can take a power of attorney role, it must be given up willingly to a trusted individual - this can be a close relative, friend or solicitor and the arrangement can be cancelled at any time.

• Outcome(s)

  The final decision made on an application or investigation.

• Outcomes-focused regulation (OFR)

  The SRA’s approach to regulation that allows firms to sculpt their own systems and management to ensure they deliver the best service for the client’s needs to ensure their business is successful.

• Out-of-court settlement

  An understanding between two parties in order to settle their case privately before the court announces a decision.

• Paralegal

  A person who supports lawyers with their work. Typically, a paralegal will have a law degree but not a practicing qualification.

• Partner

  People in a firm who have equal ownership and liability.

• Partnership

  Two or more persons working together for a shared business.

• Patent attorney/agent

  A lawyer managed by the Intellectual Property Regulation Board.

• Personal representatives (PRs)

  Administrators or executors. Should someone have more than one personal representative, they need to work in unison to discuss matters to ensure there aren’t any disagreements and, thus, costly delays.

• Practising certificate (PC)

  An SRA issued document that’s given to solicitors that allows them to carry out legal work that includes advocacy, conveyancing, litigation and probate.

• Probate

  Legal permission given by a Probate Registry so that someone can deal with another person’s estate after their death.

• Prima facie

  A Latin term to describe something that looks to be true on the surface.

• Pro bono

  A Latin term for professional voluntary work that is given without payment or at a reduced fee.

• Public interest

  Something that should be shared with the general public because it might impact their welfare such as health, rights and finances.

• Recognised body/sole practitioner

  A body recognised by the SRA under section 9 of the Administration of Justice Act 1985 / a sole practitioner authorised by the SRA under section 1B of the Solicitors Act 1974 to exercise their day-today business as a sole practitioner.

• Registered European lawyer (REL)

  A Lawyer from an EU state who registers with the SRA so that they can practise law throughout England and Wales.

• Registered Foreign lawyer (RFL)

  A lawyer who comes from overseas and registers with the SRA to practise law throughout England and Wales.

• Regulated individual

  A person who is authorised and regulated by a body such as the SRA.

• Remunerate

  Giving someone money or a reward as acknowledgment for the service they have provided.

• Revocation

  Cancelling or taking something away. For example, taking away a person’s authorisation to practise as a solicitor.

• Scam

  Cheating people out of their possessions or causing damages for the benefit of others.

• Sole practitioner

  A lawyer who runs their own firm without any partners, directors or other members.

• Solicitor

  A lawyer who has been authorised by the SRA and whose name shows up on the roll of solicitors.

• Solicitors Regulation Authority (SRA)

  The SRA manages solicitors throughout England and Wales. This is to protect the public by ensuring they get a high standard of service and will act upon any identified risks.

• Striking-off/struck-off

  When a solicitor’s name is removed from the roll of solicitors.

• Third party

  Someone outside of the dispute who is able to look upon the situation without bias.

• Trademark attorney

  Someone managed by the Intellectual Property Regulation Board.

• Trainee solicitor

  A person working to complete their training in law to become a solicitor in the future.

• Tribunal

  A person or group who are able to judge or determine a claim or dispute.

• Unadmitted

  A person who hasn’t been accepted onto the roll of solicitors.

• Unfair dismissal

  The termination of an employee without good reason. An employee who believes that they have been unfairly dismissed is entitled to make a claim for unfair dismissal. This includes people who have been employed for over two years in the same company, whether that’s full or part time.

• Unlawful

  Illegal or conflicting to social convention.

• Will

  A legal document that details where a person’s estate goes when they die.

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