Glossary of Legal Terms
The legal world can be confusing. We hope this legal glossary helps clear up any legal terms that you may have been previously unfamiliar with.
The solicitors and legal experts at Trethowans are experienced in working alongside clients with little to no previous understanding of the law. We don’t overcomplicate our legal services, so you can rely on us to give you clear, honest legal advice at all times. Don’t hesitate to contact our dedicated lawyers today.
Legal Glossary
There are currently 85 names in this directory
Affirmation
An affirmation has the same legal effect as taking an oath on the stand, without the religious implications.
Arbitration
A type of dispute resolution that involves using an arbitrator to settle a case without going to court.
Associate
Solicitors that are not of a Partner level but are more experienced than an assistant solicitor.
Assured tenancy
Tenants on an assured tenancy agreement have more rights to stay on after the end of the agreed tenancy period than in a short assured tenancy agreement.
Barrister
A barrister works at higher levels of court than a solicitor. They are the ones who stand in court and advocate on the behalf of their clients to judge and jury.
Common Law
Common Law is a set of unwritten laws based on legal precedents established by the courts. Existing governing acts or laws do not factor into a Common Law decision.
Counter Claim
When the accused refuses legal liability for a claim and launches their own claim against the claimant.
Court of Protection
Since the Mental Capacity Act 2005, the Court of Protection has acted to safeguard vulnerable people who lack the mental capacity to make decisions themselves.
Disbursement
Payments made by an agent on the behalf of a client when carrying out a legal service. This is very common when looking to buy a home, for example, local authority searches.
Due diligence
Extensive research into a business, investment or deal to confirm all facets are correct before entering into an agreement.
Executor
Usually heard in the context of: ‘executor of the will’. The executor is a named person in a will who ensures the directions of the will are carried out as instructed.
Freehold
As opposed to a leasehold property, the owner of a freehold property has outright ownership with no time limit.
Gross misconduct
Unacceptable behaviour of a very serious nature, especially by an employee or employer.
Informed consent
Officially giving your consent for a service or action to be carried out, having been fully informed of the potential risks and benefits.
Instructing
Telling a solicitor to act on your behalf. The instruction specifies what kind of legal service you’d like them to carry out.
Interim proceedings
Preliminary stages of civil proceedings, occurring between the first and final hearing.
Lasting Powers of Attorney
The next step on from a power of attorney in that they endure even after you become unable to manage your own affairs. An agreement that allows another individual to act on your behalf.
Legal 500
A leading independent legal directory detailing of worldwide law firms and practicing solicitors. The Legal 500 is regularly updated and is the go-to resource for law firm rankings across a wide range of practices.
Legally binding
Affirmation that an agreement or contract has be consciously made and that certain actions are now either required or prohibited by law.
Liability
Can either mean that someone is a hindrance to something or has a responsibility for something.
Limited Liability Partnership (LLP)
A partnership where all partners have limited liability in terms of financial and legal obligation.
Litigant in person
An individual or company representing themselves in court, without a legal representative.
Mediation
An alternative way of resolving legal disputes without going to court. Usually employed during family law cases.
No win no fee
In a no win no fee case, if the solicitor does not win the case for you, you don’t need to pay your solicitor’s fees.
Notary
A lawyer authorised to perform certain legal actions (like the authentication of contracts and deeds) by the Court of Faculties of the Archbishop of Canterbury.
Paralegal
An individual, usually with a law degree but no practicing qualification, that supports solicitors in their work.
Practicing Certificate (PC)
A document issued by the Solicitors Regulation Authority, allowing a solicitor to provide certain legal services.
Probate
Before an executor or next of kin can start to deal with someone’s estate after death, they will need to seek legal permission as routine. This process is known as Probate.
Rights of audience
Usually, the right of a legal representative of a client to appear before the court.
Solicitors Regulation Authority (SRA)
The regulatory body for solicitors practicing in England and Wales.
Trainee solicitor
Someone in the process of completing their legal training in a law firm before applying to become a qualified solicitor.
Trustee
An individual with responsibility for administrating assets set aside for someone else in a trust.
TUPE
Acronym for the Transfer of Undertakings (Protection of Employment) Regulations. They preserve employees’ terms and conditions during the transfer of a business to a new owner.
Unfair dismissal
An employee, usually of two years or more, seeking compensation for being sacked from their position.