SLLC Attorney Final key terms

A situation in which a lawyer's own interests, or duties to another client or person, create a substantial risk that the representation will be materially limited. The lawyer must identify it, disclose material facts, and obtain informed consent or decline the matter.

A client's agreement to a proposed course of action after the lawyer has communicated adequate information about material risks and reasonably available alternatives. Consent is not informed when it is coerced or based on incomplete or misleading disclosure.

An evidentiary protection for confidential communications between a lawyer and client made to obtain legal advice, shielding them from compelled disclosure. The client holds the privilege and may waive it; the protection generally does not cover underlying facts.

A lawyer's ethical obligation not to reveal information relating to a representation without informed consent, except as authorized or required by rules. It is broader than attorney-client privilege and continues after the representation ends.

The ethical duty to provide legal services with the knowledge, skill, thoroughness, and preparation reasonably necessary for the matter. A lawyer who lacks competence must acquire it, associate with a competent lawyer, or decline the work.

The duty to pursue a client's matter with reasonable promptness and commitment, keep the client informed, and avoid neglect or unreasonable delay. Missed deadlines and inattention can lead to discipline and malpractice liability.

A separate bank account a lawyer uses to hold client or third-party funds, often pooled with interest going to legal aid. The lawyer must keep individual ledgers, avoid commingling, and disburse only earned fees or authorized expenses.

Improperly mixing client funds with the lawyer's own money or using trust funds for the lawyer's purposes. Even short-term use can violate ethical rules, require restoration and accounting, and lead to discipline.

The ethical duty to hold client or third-person property in trust, identify it clearly, maintain records, and deliver it promptly to the person entitled. If ownership is disputed, the disputed portion must remain separate until resolved.

A lawyer's duty of loyalty and good faith to act in the client's best interest, avoiding self-dealing and unauthorized personal benefit. It supports confidentiality, conflict rules, financial handling, and the duty to account for client property.

A lawyer's duty to be honest with a court, including correcting false statements, disclosing adverse legal authority, and not offering evidence known to be false. It limits advocacy but does not require revealing privileged information.

A lawyer who knows another lawyer or judge committed a violation raising a substantial question about honesty, trustworthiness, or fitness must report it to the proper authority, except where confidential information is protected.

Formal written statements by parties that set out claims, defenses, and requests for relief, such as complaints and answers. They give notice of the issues and frame the relief a court may grant.

The initial pleading filed by a plaintiff stating the parties, facts, legal claims, and requested relief. It must satisfy notice and jurisdiction requirements and is served on the defendant with a summons.

A court-issued notice telling a defendant that a lawsuit has been filed and stating the deadline to respond. Proper service of the summons and complaint is necessary for the court to exercise personal jurisdiction.

The legally required delivery of the summons and complaint to a defendant under court rules. Valid service gives notice, triggers the response deadline, and supports personal jurisdiction; defective service can lead to dismissal or default.

A defendant's responsive pleading that admits or denies allegations, asserts affirmative defenses, and may include counterclaims. Failing to raise certain defenses can waive them, and failing to respond may lead to default.

A judgment entered against a party who fails to appear or respond within the required time. Courts may set it aside for good cause, excusable neglect, or lack of proper service, depending on applicable rules.

A pretrial request asking the court to end a case because the complaint fails to state a claim, lacks jurisdiction, or has another legal defect. If granted, the plaintiff may sometimes amend; if denied, the case proceeds.

A pretrial ruling that no genuine dispute of material fact exists and the moving party is entitled to judgment as a matter of law. Courts view evidence in the nonmoving party's favor and may resolve only part of a case.

The pretrial process for obtaining evidence and information from parties and nonparties through interrogatories, document requests, depositions, and admissions. Its scope is broad but limited by relevance, proportionality, and privilege.

Written questions served on another party that must be answered under oath within a set deadline. They help identify witnesses, facts, and documents, but many court rules limit the number and scope of questions.

A sworn out-of-court examination of a witness or party, recorded by a court reporter and used for discovery, impeachment, or trial testimony. Counsel may object, and certain objections must be made promptly to be preserved.

A defense that accepts the plaintiff's allegations may be true but gives an independent reason the defendant should not be liable, such as the statute of limitations, consent, or contributory negligence. The defendant usually bears the burden of proving it.

A law setting the deadline for filing a lawsuit after a claim arises. Missing the deadline usually bars the claim unless tolling applies, and the defense can be waived if not raised properly.

The legal standard for custody and related decisions, weighing factors such as safety, stability, caregiving, the child's needs, and sometimes the child's preference. No single factor controls, and courts tailor the analysis to the child.

Authority to make major decisions for a child about education, healthcare, religion, and similar matters. It may be sole or joint; joint legal custody requires workable communication and a decision-making process between the parents.

The schedule and living arrangement showing where a child resides and how much time each parent spends with the child. It can be primary or shared and is separate from legal custody.

Court-ordered payments by a parent to help meet a child's financial needs, usually calculated under statewide guidelines based on income, parenting time, and other factors. Orders can be modified and enforced through withholding or contempt.

A court order restricting an alleged abuser's contact or conduct to protect a victim and sometimes children. It may be temporary or longer-term, and violations can lead to criminal charges or contempt.

A contract giving a tenant the right to possess and use property for a set term in exchange for rent. It sets duties such as payment, notice, and care of the premises and may incorporate statutory tenant protections.

A legal process by which a landlord removes a tenant from rental property, usually requiring notice and a court judgment. Self-help evictions without legal process are generally unlawful and may expose the landlord to damages.

A summary court action to recover possession of property from a tenant or occupant who remains without a legal right. It focuses on possession rather than title, but defenses such as improper notice or habitability may be raised.

An implied promise that rental housing will meet basic health and safety standards, such as working plumbing, heat, and structural integrity. A breach may allow repairs, rent withholding, or damages, depending on local law.

Money a tenant pays before or at the start of a lease to cover unpaid rent or damage beyond ordinary wear and tear. Landlords usually must hold it separately and return it with an itemization within a statutory deadline.

A federal law prohibiting discrimination in the sale, rental, and financing of housing based on race, color, religion, sex, disability, familial status, or national origin. It also requires reasonable accommodations for disabilities and permits administrative complaints or lawsuits.

A change in rules, policies, practices, or services needed so a person with a disability can use and enjoy housing or participate in a program. A request should be granted unless it imposes an undue burden or fundamental alteration.

Government programs providing cash, food, health care, or housing assistance to eligible low-income people, such as SNAP, TANF, Medicaid, and SSI. Eligibility depends on income, resources, household size, and program rules.

An administrative appeal where a person can challenge an adverse agency action before an impartial decision-maker. Notice must be timely and adequate, and the person may present evidence, cross-examine witnesses, and sometimes be represented.

Constitutional protections requiring fair notice and a meaningful opportunity to be heard before the government deprives a person of life, liberty, or property, including many public benefits. The required procedures depend on the interest at stake and risk of error.