You asked, we listened! We want to continue de-mystifying the legal world to women. So, in that spirit, here are five more legal terms defined in accessible (non-legalese) straight talk. Give yourself a big round of applause for empowering yourself to learn these: by now, you probably already know more about legal jargon than most women will ever know. Keep going!
“I feel comfortable using legal jargon in everyday life. [Passerby whistles.] I object! ” – Elle Woods
Here goes:
ASSOCIATE COUNSEL (CO-COUNSEL)
Associate counsel, or co-counsel (in this context, legal representation), is a professional who shares with one or more other professionals the duties of providing supportive guidance to someone – you – their client. Associate counsel is another law firm/ lawyer on a case. Co-counsel are equal parts of the team representing the client. You can think of associate counsel or co-counsel as teammates.
When you’ve been hurt and reach out to us for help, one of our best gives is connecting you with a law firm who has experience in your type of case.1
CLAIM
A formal charge/ accusation you make against a powerful entity whose oversight (greed) harmed you or someone you love. Sometimes the wording in a representation agreement varies, and “claim” may be interchanged with “file suit” or otherwise “make a claim.” Claims are based upon the details of your experience during, and repercussions after, injury. Making a legal claim is a way to formally say that someone wronged you, and ask the court to fix it.
POWER OF ATTORNEY
POA is a legal instrument – an official legal document – that authorizes another person to act as an agent (for our discussion, think lawyer) for the person who grants the authority. Typically, POA is appointed to manage financial or medical matters when you cannot because you’re incapacitated by physical or mental illness or injury that caused mental or physical illness. Power of attorney is a legal document that lets one person make decisions for another person. It grants permission for a person to act legally on someone else’s behalf and it’s granted to a person who will act in your best interest. Powers of attorney can usually be taken back or changed if circumstances change.
POA is only valid when the person who granted it is unable to perform necessary responsibilities or make necessary decisions on their own behalf. Think: a family member had a severe injury or illness and is unable to temporarily make legal decisions for themselves. The moment that person’s good judgment returns, the POA is reversed.
RECOVERY
In civil lawsuits (what ACFW does), recovery is the financial sum awarded as a result of the outcome of a civil legal decree or judgment (or settlement). More broadly, recovery is the process or act by which something lost or damaged is restored + made better.
SCOPE
Scope of agreement or scope of legal representation: this term is seen a lot when defining what you’re signing in an agreement to retain a law firm for the duration of your case. Black’s Law Dictionary defines scope as: “All of the jobs required in order to complete a project [in this case, a lawsuit] from contracting an attorney/ firm to the case’s resolution via a court verdict or out-of-court settlement.”2
This includes filing paperwork, gathering medical records, completing plaintiffs’ fact sheets, handling communication with opposing counsel and the courts, and keeping up with scheduling so you don’t have to.
Are You Feeling the Power?
What we want most is for women to feel empowered. Hence, our legal-beagle vocab lessons will continue, with another batch coming soon. We wouldn’t even be surprised if you start feeling the itch to do an Elle Woods and study for the LSAT – but the point is, you don’t have to be in law school to master a few of these terms.
And, while you’re increasing your legal repertoire, head back to our earlier blog Legal Lingo 101 or the ACFW Glossary. AND, if there is a word or term you’d like us to address, simply write a question in the comments and let us know!
Sources:
1 Merriam Webster Dictionary.
2 The Law Dictionary.
