3

I am currently studying for the California Bar exam. When I memorize my rule statements I often mix up "substantial" and "significant".

For example, sometimes I say "A concurrent conflict of interest exists if there is a substantial risk that the representation of one or more clients will be materially limited by the lawyer's responsibilities to another client, a former client, or a third person or by a personal interest of the lawyer". However, according to my notes I am supposed to say "significant".

That was just an example. What I want to know is if, in general, I should not treat these two words interchangeably. Do they truly have a different legal meaning? Are there some times when they do and other times when they don't?

By the way, I am not asking for advice for how to pass the bar exam per se. Nor am I asking if I will lose points if I use the terms interchangeably (though you can tell me if you happen to know). I was just providing context.

Improve this question

1 Answer 1

Reset to default
3
  • Substantial means almost, but not necessarily 100%.

The most common context in which the term substantial is used is in "substantial completion" in contract law, where it means that the contracted work is essentially done except for some minor details like trim or punch work or formatting.

"Substantially as follows" is another phrase in which it appears, which means that the substance of what is being communicated is as follows or in the same basic form, even if it is not exactly identical in immaterial details.

"Substantial certainty" in tort law means very likely, but not certain, to occur.

  • Significant means important enough to care about.

It is used this way, for example, in the context of "significant risk" and "significant wear".

In another context, "significant influence" means according to Black's Law dictionary: "The influence that is exerted by one firm over another where the first firm owns between 20 and 50% share in the other firm." So, it is an influence that is not control, but is enough to care about.

Improve this answer
5
  • That is a really good response. But what about the lawyer's duty to report to a higher authority in a corporation if an officer engaged in an act that is "likely to result in substantial injury to the corporation"?
    – S J
    Commented Jul 3 at 1:36
  • and how about this with regards to this exception to imputed firm disqualification: "The conflict is based on a former client at a prior firm, the conflicted lawyer is timely screened behind an ethical wall from any participation in the matter, and the former client is provided written notice, and certifications of compliance with the screening procedures, and (Cal only) the prohibited lawyer did not substantially participate in the same or a substantially related matter."
    – S J
    Commented Jul 3 at 1:41
  • @SJ "same or substantially" seems consistent with the answer's definition of "substantial". "same" means 100%, and "substantially" means "almost 100%".
    – Barmar
    Commented Jul 3 at 16:56
  • Is there another term for a proportion between significant and substantial? That seems like what would be intended in "substantial injury".
    – Barmar
    Commented Jul 3 at 16:58
  • See this question where a clause in UK copyright law specifically defines "substantial" to mean "significant". There are probably similar contexts in US law.
    – Barmar
    Commented Jul 3 at 17:07

You must log in to answer this question.

Not the answer you're looking for? Browse other questions tagged .