Explaining Legal Terms

Lawyer-client and retainer terms.

<strong>Consultation:</strong> An initial meeting or discussion used to understand the matter, identify immediate issues and determine whether the lawyer can act.

<strong>Retainer agreement:</strong> The written agreement that defines the scope of legal services, responsibilities and fee arrangement.

<strong>Conflict check:</strong> A process used before a lawyer accepts a matter to determine whether professional obligations prevent the firm from acting.

<strong>Disbursement:</strong> An expense incurred in providing legal services, such as filing fees, process serving, transcripts or expert costs.

Starting and defending a civil proceeding.

<strong>Claim:</strong> A legal demand for a remedy arising from facts said to create legal liability.

<strong>Statement of claim:</strong> A pleading that begins many civil actions and sets out the material facts and relief claimed.

<strong>Defence:</strong> A responding pleading that addresses the allegations and states the defendant’s position.

<strong>Application:</strong> A different form of proceeding used for matters suited to determination on an evidentiary record under the applicable rules.

Evidence and the record.

<strong>Affidavit:</strong> Written evidence sworn or affirmed to be true.

<strong>Exhibit:</strong> A document or other item attached to or introduced through evidence.

<strong>Discovery:</strong> Procedures used in an action to obtain information and documents relevant to the issues.

<strong>Privilege:</strong> A legal protection that can prevent certain confidential communications or materials from being disclosed.

Resolution and remedies.

<strong>Settlement:</strong> A negotiated resolution that ends some or all of the dispute on agreed terms.

<strong>Mediation:</strong> A confidential process in which a neutral mediator helps parties explore settlement.

<strong>Damages:</strong> Money awarded as a legal remedy for a proven loss or wrong, subject to the governing law.

<strong>Injunction:</strong> A court order requiring or prohibiting conduct in circumstances where the legal test is met.

Costs and financial terms.

<strong>Legal fees:</strong> Amounts charged for legal services under the retainer agreement.

<strong>Costs award:</strong> An amount ordered by a court requiring one party to contribute to another party’s legal costs. It is not necessarily equal to the actual legal bill.

<strong>Security for costs:</strong> In some circumstances, a court may order a party to provide security toward a potential future costs award.

<strong>Interest:</strong> Amounts that may accrue on contractual obligations or court awards where authorized by contract or law.

Estate and contract terms you may also encounter.

Estate matters add terms such as estate trustee, beneficiary, probate, dependant support and passing of accounts. Contract disputes add concepts such as breach, notice, termination, indemnity, waiver and mitigation.

Definitions are context-sensitive. If a word affects a deadline, remedy or contractual obligation, ask how it applies to the actual document and facts rather than relying on a glossary alone.

Contract-dispute terms.

<strong>Breach:</strong> Failure to perform a contractual obligation as required, subject to the terms of the agreement and applicable law.

<strong>Termination:</strong> Ending contractual obligations under a contractual right or legal doctrine. Termination should not be assumed merely because a breach has occurred.

<strong>Waiver:</strong> Conduct or agreement that may affect whether a party can insist on a right. The effect is highly context-dependent.

<strong>Mitigation:</strong> The principle that a claimant may be required to take reasonable steps to reduce avoidable loss after a wrong.

Settlement-document terms.

<strong>Without prejudice:</strong> A label often associated with genuine settlement communications, though whether privilege applies depends on the substance and context rather than the label alone.

<strong>Minutes of settlement:</strong> Written terms recording a settlement, often intended to create binding obligations.

<strong>Release:</strong> An agreement giving up specified claims or rights, commonly executed as part of a settlement.

<strong>Consent dismissal:</strong> A procedural step that may formally end litigation after settlement.