Quiz 4 Flashcards
Sanctions
punishment issued to attorneys for engaging in conduct that violates the state’s code of professional conduct.
Complaint
document that commences an action when the opposing party is served
Grievance
complaint filed with disciplinary body against an attorney
work product
notes, materials, memoranda, and written records generated by an attorney
vicarious liability
employer is responsible for negligence and other torts committed by his or her employees when the acts are committed during the scope of their employment; doctrine is respondeat superior
deep pocket
characterizes defendant in a lawsuit who has the financial resources to absorb a civil suit for monetary damages
premium
monetary sum paid on annual or installment basis for malpractice insurance coverage
release
document that indicates the client has given attorneys permission to disclose info to another party
attorney-client privilege
ethical rule stating attorneys cannot disclose info related to the representation of a client
multiple representation
one lawyer is hired to represent both parties to a case
Former client-current opponent
upon an attorney or paralegal switching jobs, discovering that their new employer is representing the opponent in a former client’s case
ethical wall
paralegal cannot discuss a case with anyone in office or have access to file because of possibility of conflict of interest
unbundled legal services
clients purchase legal services on a task-by-task basis
Limited scope retainer agreement
attorney-client contract for legal services where attorney limits the scope of representation with the client’s consent
competency
duty to exercise a reasonable degree of care and skill commonly used by other attorneys in similar area of practice
flat fee
arrangement whereby a fixed dollar amount is agreed on and charged for the entire case
retainer
payment made in advance to an attorney
contingent fees
arrangement that entitles attorneys to a percentage of the financial outcome of the case, be it a judgement or settlement
Time sheet/slip
record of work performed on behalf of a client on a periodic basis
padding
unjustifiably increasing the number of hours actually slept on a client’s case
solicitation
actively seeking persons in need of legal service, either by mail or in person
reciprocity
one state may extend to attorneys in a different state the right to practice law in its jurisdiction in exchange for the other state’s granting the same privilege to attorneys in their state
pro hac vice
where a state may grant an attorney to special permission to handle one particular case
Conflict of interest
activity that may divide the attorney’s loyalty and compromise their independent judgement
conflicting out
where prospective divorce client engages in practice of interviewing all the available family law attorneys in a geographical area for the purpose of disqualifying them from representing the other spouse
financial worksheet
client’s income, expenses, assets, and liabilities, be they joint or seperate
initial client interview
first meeting between client and attorney or paralegal at which basic info to start work on a case
retainer agreement/letter
contract between law firm and client whereby the law firm agrees to provide specified legal services in exchange for monetary compensation
petitioner
brings a court action against another
respondent
party against whom an action is brought
subject matter jurisdiction
the court’s power to actually hear a divorce case
residency
the domicile of the parties
domicile
residing in a state wit the intent to permanently remain
In personam jurisdiction
personal service over the defendant; once defendant is served with initial pleadings, court may enter orders and enforce judgments against the individuals
service of process
formal delivery of the initial pleadings
abode service
service on a defendant by leaving a copy of the pleadings at their home
service by publication
sheriff puts a legal notice in the newspaper in the city, town, or general area where defendant was last known to reside or where defendant is now residing
venue
proper divorce court within the state in which to file the initial divorce complaint on petition
In rem jurisdictoin
power of the courts to actually dissolve the marriage
pleadings
documents that state the plaintiff’s claims giving rise to the dissolution action and defendant’s responses or defenses to such claims
Summons
one-page preprinted form which names and addresses of parties and court are inserted and directs defendant to appear in court and answer allegations in a complaint
caption
section of a complaint that contains the names of the parties, name and division of court, docket number or return date of action, and date the complaint was drawn up
return date
date in the near future by which the complaint must be returned to the court clerk’s office and filed with the court
body
part of a complaint that contains the necessary factual info that establishes jurisdiction of the court and identifies grounds on which divorce is being sought
prayer for relief
plaintiff’s request for a dissolution and for court orders, when appropriate, regarding property distribution
subscription
part of court document that confirms the truth and accuracy of allegations and confirms the veracity of the party making these allegations; aka verification
Juris number
attorney’s license number
pre-return date relief
plaintiff spouse needs and may seek immediate relief or court intervention as soon as the complaint is served
dissipation
depletion of marital assets by waste
Application for a prejudgment remedy
where a party asks the court to take some action before a judgement in the case is rendered
request for an order attaching known assets
document asking the court to freeze the opposing party’s property in order to prevent dissipation of those assets
Motion for disclosure of assets
requests disclosure of all real and personal property owned by a spouse either in their own name or owned jointly with the spouse or with another person or entity
Notice to appear for a deposition to disclose assets
requires party to appear in order to be questioned, under oath, on previous disclosure to determine whether it completely revealed all of the party’s assets
affidavit
a signed sworn statement
filing fee
amount of money required to file a complaint in court; aka court entry fee
appearance
document stating that a person has come into a court action as a party or an attorney representing a party
default judgement
one party “wins” the dissolution or divorce suit by failure of the othe rparty to act
contempt
one party in an action does not comply with the court’s order
Affidavit of publication
a signed, sworn statement that a legal notice was printed
answer
document which each allegations contained in the numbered paragraphs of a complaint is responded to
special defenses
part of a defendants answer in which they cites unusual or extraordinary circumstances as part of their defense
pendency period
time during court proceedings before judgement is rendered
pendente lite motion
a motion granting relief only for the duration of the court action, before judgement is rendered
E-services
identifies services available online
motion for alimony
where a party to a dissolution proceeding asks the court to grant support payments to him or her for the duration of the case
Motion for custody, pendente lite
party to a dissolution proceeding asks the court to have possession of the children for the duration of the case
Motion for child support
party to a dissolution proceeding asks the court to have the other party pay child maintenance for the duration of the case
Child support guidelines
statutorily enacted formulas for determining the amount the noncustodial parent must pay for the support of each child
Motion for exclusive possession of the marital residence
party to a dissolution proceeding asks the court to allow him or her to stay in the home, without the other party, for the duration of case
Motion for payment of mortgage payments and insurance premiums, pendente lite
party to a dissolution proceedings asks the court to have the other party pay for certain bills for the duration of the case
Motion to freeze marital assets
party asks the court to stop any transactions of the marital property from taking place
Motion to restrain party from entering marital residence
party asks the court to order that the other party be forbidden to enter the home where that party is living
ex parte proceeding
court hearing in response to one party’s ex parte motion or petition. opposing party is not present during because such proceedings are generally filed in emergency situation
short calendar
one or two days of the week that courts set aside to hear motions brought before the court; aka motion day
Docket control system
system of one or more calendars that helps an attorney keep track of the various court dates and deadlines
moving party
person bringing the motion to the court
Motion for contempt
document that alerts the court to the other party’s failure to comply with the court’s earlier order and requests that the court provide relief
Motion for modification
party asks that the order entered by the court be changed when there has been a substantial in one of the party’s circumstances from the time the original order was entered; aka motion to modify
