SLLC Attorney Final flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Informed consent

A client's agreement to a proposed course of conduct after the lawyer has communicated adequate information and explanation about the material risks of and reasonably available alternatives to the proposed conduct.

Concurrent conflict

A conflict under Model Rule 1.7 that exists when representation of one client is directly adverse to another client or when a personal or professional interest creates a significant risk of material limitation.

Confidentiality Rule 1.6

The professional duty not to reveal information relating to the representation of a client without informed consent, subject to exceptions such as preventing death or substantial bodily harm or complying with a court order.

Candor to tribunal

The duty under Model Rule 3.3 not to knowingly make a false statement of fact or law to a court, to correct false statements, and to disclose adverse controlling authority not disclosed by opposing counsel.

Communication with represented person

Model Rule 4.2 bars a lawyer from communicating about the subject of a representation with a person the lawyer knows is represented, absent consent of that person's lawyer or legal authorization.

Trust account commingling

Holding client or third-person funds in the same account as the lawyer's own funds; Model Rule 1.15 generally requires separate trust accounts and prohibits commingling except for limited bank service charges.

Fee reasonableness factors

Model Rule 1.5 factors include time and labor, novelty, skill, customary fee, amount involved, results, time limits, client relationship, experience, and whether the fee is fixed or contingent.

Rule 1.8 business transaction

A lawyer may enter a business transaction with a client only if the terms are fair and reasonable, the client is advised in writing to seek independent counsel, and the client gives informed consent in writing.

Supervisory duty nonlawyers

Model Rule 5.3 requires lawyers with managerial authority to make reasonable efforts to ensure firm measures give reasonable assurance that nonlawyer conduct is compatible with the lawyer's professional obligations.

Withdrawal mandatory

A lawyer must withdraw if continued representation will result in violation of law or a disciplinary rule, or if the lawyer's physical or mental condition materially impairs the ability to represent the client.

Specific jurisdiction

Personal jurisdiction that arises when a defendant purposefully directs contacts at the forum and the claim arises out of or relates to those contacts, consistent with fair play and substantial justice.

General jurisdiction

Personal jurisdiction over a defendant whose contacts with the forum are so continuous and systematic that the defendant is essentially at home there, such as the state of incorporation or principal place of business.

Diversity jurisdiction

Federal subject-matter jurisdiction under 28 U.S.C. § 1332 requiring complete diversity between opposing parties and an amount in controversy exceeding $75,000, exclusive of interest and costs.

Federal question jurisdiction

Federal jurisdiction under 28 U.S.C. § 1331 over civil actions arising under the Constitution, laws, or treaties of the United States, as determined by the well-pleaded complaint rule.

Rule 12(b)(6) motion

A motion asserting that a complaint fails to state a claim upon which relief can be granted; dismissal is proper when the allegations, accepted as true, do not state a plausible claim for relief.

Proportional discovery

The Rule 26(b)(1) limit allowing discovery of nonprivileged relevant material proportional to the needs of the case, considering importance, amount in controversy, party resources, and burden versus benefit.

Summary judgment standard

Rule 56 permits judgment without trial when there is no genuine dispute of material fact and the movant is entitled to judgment as a matter of law, viewing evidence in the nonmovant's favor.

Claim preclusion elements

A final judgment on the merits, identity of the parties or their privies, and the same claim or cause of action; a valid final judgment bars later litigation of the claim.

Venue residence rule

Under 28 U.S.C. § 1391, venue is proper where any defendant resides if all defendants reside in the same state, where substantial events occurred, or where property is situated.

Waiver of service

A Rule 4(d) procedure in which a defendant agrees to waive formal service; the plaintiff sends a request and complaint, and the defendant generally gets 60 days to answer.

Rule 4(m) service deadline

A plaintiff must serve the summons and complaint within 90 days after filing; absent good cause, the court may dismiss the action without prejudice or order service within a specified time.

Best interests standard

The family-law standard for custody and parenting time, weighing factors such as stability, caregiver bonds, parental fitness, domestic violence, the child's mature preferences, and each parent's capacity to support the child's relationship with the other.

Income shares child support

A child support method that combines both parents' adjusted incomes, applies state guideline tables or percentages, and allocates the total support obligation between parents in proportion to their incomes.

Implied warranty habitability

A landlord's obligation to keep residential premises fit for human habitation and compliant with material housing, health, and safety codes; breach may support rent withholding, repair remedies, or damages under state law.

Retaliatory eviction

An eviction or adverse landlord action taken because a tenant exercised a protected right, such as requesting repairs or reporting code violations; many jurisdictions presume retaliation within a set period after the protected activity.

Self-help eviction

Removing a tenant without legal process by changing locks, shutting off utilities, or seizing property; generally prohibited, and the tenant may recover possession, damages, or statutory penalties.

FDCPA validation notice

A debt collector's written notice, generally sent within five days of initial communication, stating the amount, creditor, and dispute rights; the consumer has 30 days to dispute and request verification.

FDCPA verification duty

If a consumer disputes a debt in writing within 30 days of the validation notice, the collector must stop collection until it obtains and mails verification of the debt.

TILA finance charge

The cost of consumer credit as a dollar amount, including interest and certain fees; Regulation Z requires disclosure of the finance charge and annual percentage rate before credit is extended.

Fair housing protected classes

Federal fair housing law prohibits discrimination based on race, color, religion, sex, national origin, familial status, or disability in sale, rental, financing, and advertising of housing.

Goldberg pre-termination hearing

Goldberg v. Kelly requires an evidentiary hearing before a state terminates welfare benefits, including timely notice, an opportunity to confront evidence, and a decision by an impartial official.

SNAP gross income test

SNAP eligibility generally requires household gross income at or below 130 percent of the federal poverty guideline, with net income after deductions at or below 100 percent, subject to categorical exceptions.