Miss. R. Prof. Conduct Terminology

"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.

“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. 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.

"Consult" or "Consultation" denotes communication of information reasonably

sufficient to permit the client to appreciate the significance of the matter in question.

“Firm” or “law firm” denotes a lawyer or lawyers in a partnership, professional

corporation, professional association, professional limited liability company, sole

proprietorship, governmental agency, or other association whose members are authorized to

practice law; or lawyers employed in a legal services organization or the legal department of

a corporation or other organization.

"Fraud" or "Fraudulent" denotes conduct having a purpose to deceive and not merely

negligent misrepresentation or failure to apprise another of relevant information.

“Informed consent” denotes voluntary acceptance and agreement by a person of a

proposed course of conduct after adequate information has been imparted to the person that

allows the person to arrive at a decision.

"Knowingly," "Known," or "Knows" denotes actual knowledge of the fact in question.

A person's knowledge may be inferred from circumstances.

“Partner” denotes the member of a partnership, a shareholder in a law firm organized

as a professional corporation, professional association, or a member of a professional limited

liability company or an entity whose members are authorized to practice law.

"Reasonable" or "Reasonably" when used in relation to conduct by a lawyer denotes

the conduct of a reasonably prudent and competent lawyer.

"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.

"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.

“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.

"Substantial" when used in reference to degree or extent denotes a material matter of

clear and weighty importance.

“Writing” or “written” denotes a tangible or electronic record of a communication or

representation, including handwriting, typewriting, printing, photostating, photography, audio

or video recording, 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.