MI Bar key terms

The ethical duties every licensed attorney owes to clients, courts, the public, and the legal profession, including competence, diligence, confidentiality, and avoidance of conflicts of interest.

An evidentiary rule protecting confidential communications between a client and attorney made for the purpose of obtaining legal advice, allowing the client to prevent disclosure and to refuse to testify about them.

The broader ethical duty, independent of privilege, requiring a lawyer not to reveal information relating to the representation of a client without informed consent or an exception recognized by the rules.

A situation in which a lawyer's duties to one client, or the lawyer's personal interests, materially limit the ability to represent another client loyally and independently, usually requiring disclosure and informed consent.

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

Protection for materials an attorney prepares in anticipation of litigation, shielding them from discovery absent substantial need and undue hardship, and distinct from the evidentiary attorney-client privilege.

The ethical and professional requirement that a lawyer possess the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation undertaken, or associate with or consult someone who does.

The duty to pursue a matter on behalf of a client with reasonable promptness and commitment, and to keep the client reasonably informed about the status of the representation.

The ethical obligation to keep a client reasonably informed about significant developments, to respond to reasonable requests for information, and to explain matters sufficiently for the client to make informed decisions.

The written or oral arrangement defining how a lawyer will be compensated, which must be reasonable and, for contingency fees, generally in writing and signed by the client.

A fee arrangement in which compensation is contingent on the outcome, typically a percentage of recovery, and which is prohibited in certain matters such as domestic relations and criminal defense.

A segregated account in which a lawyer holds client or third-party funds, kept separate from the lawyer's own money, used for safekeeping and disbursed only as the client directs or is entitled.

The improper mixing of client funds with the lawyer's own funds or with funds of another client, generally prohibited and a common basis for discipline.

Providing legal services, such as giving legal advice or representing another in court, by a person not licensed to practice in that jurisdiction, or by a lawyer outside the scope of the license.

The authority of a court to hear and decide a case, based on the court's subject-matter power, the parties' connection to the forum, and proper notice to the parties.

A court's power over a particular defendant, satisfied by the defendant's presence, domicile, consent, or minimum contacts with the forum consistent with fair play and substantial justice.

A court's authority over the type of case presented, such as federal question or diversity jurisdiction, which cannot be waived and may be raised at any time.

The connection between a nonresident defendant and the forum state that makes the exercise of personal jurisdiction fair, typically arising from purposeful availment of the forum's benefits.

A state law authorizing its courts to exercise personal jurisdiction over nonresident defendants who have specified contacts with the state, subject to constitutional due process limits.

The proper geographic location within a court system for filing a case, generally where a party resides or where the events giving rise to the claim occurred.

Federal court authority over civil cases between citizens of different states, or between a citizen and a foreign national, where the amount in controversy exceeds the statutory threshold.

A claim arising under the United States Constitution, federal statutes, or treaties, which provides a basis for federal subject-matter jurisdiction without regard to the parties' citizenship or amount in controversy.

The procedure by which a defendant transfers a case from state court to federal court, available when the federal court would have had original jurisdiction over the action.

The requirement that a plaintiff have suffered an injury in fact that is fairly traceable to the defendant's conduct and likely to be redressed by a favorable decision.

The doctrine barring review of matters that are premature because the dispute has not yet developed into a concrete controversy with actual or imminent harm.

The doctrine that a court will not decide an issue that no longer presents a live controversy, subject to exceptions such as voluntary cessation or issues capable of repetition yet evading review.

The formal written statements by parties setting out claims and defenses, which frame the issues in a case and give notice of the matters to be litigated.

The initial pleading by a plaintiff stating the grounds for the court's jurisdiction, a short and plain statement of the claim, and a demand for relief.

A defendant's responsive pleading admitting or denying the allegations of the complaint and setting out affirmative defenses and, where applicable, counterclaims.

A defense that, if not raised by the defendant, is generally waived, and that asserts facts beyond those in the complaint to defeat or reduce the plaintiff's claim.

A procedural request asking the court to terminate a case or a claim before trial, commonly for failure to state a claim, lack of jurisdiction, or improper service.

A pretrial ruling disposing of a claim when the pleadings, discovery, and affidavits show no genuine dispute of material fact and the moving party is entitled to judgment as a matter of law.

The pretrial process by which parties obtain evidence and information from each other and from third parties through tools such as interrogatories, depositions, requests for production, and requests for admission.

Sworn out-of-court testimony of a witness or party, recorded and usable at trial for impeachment or, under certain conditions, as substantive evidence.

Written questions served on another party that must be answered in writing under oath within a specified time, a common and relatively inexpensive discovery device.

A law setting the maximum time after an event within which legal proceedings may be initiated, after which the claim is generally barred unless an exception applies.

The obligation of a party to persuade the fact finder that a claim or defense meets the applicable standard, such as preponderance of the evidence or beyond a reasonable doubt.

An out-of-court statement offered to prove the truth of the matter asserted, generally inadmissible unless an exception or exclusion applies.

Testimony, documents, and physical items presented at trial to prove or disprove facts, subject to rules of relevance, reliability, and admissibility.