SLLC Attorney Final cheat sheet

ABA Model Rule 1.6 bars revealing information relating to a representation without informed consent, except disclosures reasonably necessary to prevent death or substantial bodily harm, prevent a serious crime or fraud that threatens substantial financial loss, comply with law or court order, obtain ethics advice, or defend against a claim.

Under Model Rule 1.7, a concurrent conflict exists when representation of one client is directly adverse to another client or there is a significant risk that representation will be materially limited by responsibilities to another client, a former client, or a personal interest; consent requires a reasonable belief in competent representation, informed consent confirmed in writing, and no legal prohibition.

Model Rule 1.5 reasonableness factors include time and labor, novelty and difficulty, skill required, preclusion of other employment, customary fee, amount involved and results, time limits, relationship with client, experience and reputation, and whether the fee is fixed or contingent.

Model Rule 1.4 requires a lawyer to keep a client reasonably informed about the status of a matter, promptly comply with reasonable requests for information, and explain a matter to the extent reasonably necessary for the client to make informed decisions, including settlement offers and significant risks.

Model Rule 3.3 prohibits knowingly making a false statement of fact or law to a tribunal, failing to correct a prior false statement, and offering evidence the lawyer knows is false; it also requires disclosing adverse controlling legal authority not disclosed by opposing counsel.

Model Rule 4.2 prohibits communicating about the subject of the representation with a person the lawyer knows is represented by another lawyer, unless that lawyer consents or the law authorizes the communication; the rule applies to agents and employees whose acts may be imputed to the organization.

Model Rule 1.15 requires lawyer trust funds to be held separately from the lawyer's own funds, with client funds in a trust account, prompt notification and delivery of funds to which a client or third person is entitled, and records preserving transaction details.

Model Rule 1.8 governs current-client conflicts involving business transactions, gifts, media rights, third-party payers, aggregate settlements, and loans; most require written disclosure, informed consent, and terms fair and reasonable to the client.

Model Rule 5.3 requires a lawyer with managerial authority to make reasonable efforts to ensure the firm has measures giving reasonable assurance that nonlawyer conduct is compatible with professional obligations, and a supervising lawyer must make reasonable efforts to ensure conduct is compatible.

Specific personal jurisdiction requires purposeful contacts with the forum, a claim arising out of or relating to those contacts, and fair play and substantial justice; general jurisdiction requires contacts so continuous and systematic that the defendant is essentially at home.

Federal-question jurisdiction under 28 U.S.C. § 1331 covers claims arising under the Constitution, laws, or treaties of the United States; diversity jurisdiction under § 1332 requires complete diversity and an amount in controversy exceeding $75,000, exclusive of interest and costs.

Rule 8(a) requires a short and plain statement of the grounds for jurisdiction, a short and plain statement of the claim showing entitlement to relief, and a demand for relief; Rule 12(b)(6) tests legal sufficiency, and Twombly/Iqbal require plausible, not merely conceivable, claims.

Rule 12(a) sets answer deadlines: generally 21 days after service of the summons and complaint, or 60 days after a request for waiver of service was sent; a Rule 12 motion changes the answer deadline under Rule 12(a)(4).

Rule 26(b)(1) permits discovery of any nonprivileged matter relevant to any party's claim or defense and proportional to the needs of the case, considering importance, amount in controversy, resources, and burden; courts must limit disproportionate discovery.

Rule 56 summary judgment is proper when the movant shows no genuine dispute of material fact and entitlement to judgment as a matter of law; the court views evidence in the light most favorable to the nonmovant and may grant partial summary judgment.

Venue under 28 U.S.C. § 1391 lies where any defendant resides if all reside in the same state, where a substantial part of the events or omissions occurred, or where property is situated; § 1404(a) permits transfer for convenience and justice.

Claim preclusion requires a final judgment on the merits, identity of the parties or privies, and the same claim or cause of action; issue preclusion requires the issue actually litigated, determined, and necessary to the judgment, with a valid final judgment.

Rule 4 service requires delivery of the summons and complaint to the individual personally, leaving at the dwelling with a suitable person and mailing, delivery to an authorized agent, or waiver; service must be made within 90 days after filing under Rule 4(m).

Child support under the income-shares model combines both parents' adjusted gross incomes, applies state guideline percentages or tables, and allocates the obligation proportionally; deviation requires written findings tied to statutory factors such as the child's needs or parenting time.

Custody determinations use the best interests of the child standard, weighing factors such as stability, caregiver relationship, parental fitness, domestic violence, the child's preferences when mature, and each parent's ability to support the child's relationship with the other.

A domestic violence protective order typically requires a qualifying relationship or household member and a showing of abuse; ex parte emergency orders may issue without notice, with a full hearing set within a short statutory period, and violations may be criminal.

The implied warranty of habitability requires landlords to maintain residential premises in compliance with housing, health, and safety codes; material breaches may support rent withholding, repair-and-deduct, or damages, depending on state law.

Eviction generally requires a valid notice stating the ground and period, followed by a court action; self-help eviction, utility shutoff, or lockout without legal process is prohibited, and retaliation for protected tenant complaints is unlawful.

The Fair Debt Collection Practices Act prohibits abusive, deceptive, and unfair debt-collection practices; a debt collector must send a validation notice within five days of initial communication, and the consumer has 30 days to dispute and request verification.

The Truth in Lending Act requires material cost disclosures for consumer credit, including the annual percentage rate, finance charge, amount financed, total payments, and payment schedule, before credit is extended.

Fair housing law prohibits discrimination in sale, rental, financing, and advertising based on protected characteristics such as race, color, religion, sex, national origin, familial status, and disability; reasonable accommodations may be required.

Public benefits terminations generally require due process: notice of the reasons and an opportunity for an evidentiary hearing before termination; Goldberg v. Kelly requires a pre-termination hearing for welfare benefits, while post-termination review may suffice in some other programs.