Also known as: lucre · lucrative · lucratively · profit · gain
Written by attorneys · grounded in primary & secondary sources — see below
Gain or profit obtained from a legal transaction or relationship.
Leah Lamb approached the closed but unlocked rear door of a residence at night. She turned the knob and pushed the door open with slight pressure to enter and steal valuables for personal gain. The entry satisfied the breaking element because the minimal force used to gain access met the legal threshold.
Landon Long held a federal position carrying compensation while his state legislature appointed him as a presidential elector. The appointment violated the constitutional bar because the position constituted an office of profit under the United States. Long therefore could not serve as an elector.
Select any source to read its text and confirm it supports the definition.
Judge Luna Lang received an ex parte telephone call from counsel for Lakeshore Industries about a hearing date. The judge confirmed that no party would obtain any procedural or substantive advantage from the communication. The call therefore fell within the permitted exception for administrative matters.
Loyal Insurance included its nonlawyer staff in a retirement plan that distributed a share of firm profits. The arrangement complied with professional conduct rules because compensation plans may allocate profits to nonlawyer employees. No improper fee sharing occurred.
Lumen Capital obtained a servitude allowing it to enter Lexicon Media's woodland and cut merchantable timber. The grant created a profit à prendre because it conferred the right to remove a substance from land possessed by another. Lumen Capital could exercise the right without possessing the servient estate.
Lamar Lewis, a member of a member-managed LLC, used company resources to secure a contract that produced personal revenue. The fiduciary duty of loyalty required Lewis to account to the company and hold the resulting profit as trustee for the LLC. Failure to do so would breach the duty.
The member must account to the company and hold the profit as trustee for it. This obligation arises directly from the duty of loyalty in a member-managed LLC.
A profit à prendre grants the right to enter land and remove substances such as timber or minerals. An ordinary easement creates only a right to enter and use the land without removal.
A firm may include nonlawyer employees in such a plan even though the plan distributes profits. The rule expressly permits this arrangement without violating fee-sharing prohibitions.
No senator, representative, or person holding an office of profit under the United States may be appointed an elector. The restriction prevents conflicts between legislative or executive positions and the electoral role.
…and to the environment which produced him, to repeat his crime whenever it pleases him. As a consequence, there will not be a gain, but a loss, in human dignity. The real concern is not the unfortunate consequences of this new decision on the criminal law as an abstract, disembodied series of authoritative…