Has professional negligence been committed

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Reference no: EM133854303

Question

Review the hypothetical scenario at the beginning of chapter 9. Has professional negligence been committed? What defenses can be raised?

The case:

The attorney by whom you have just been hired as a paralegal is a recent law school graduate. Early in his career, he discovers, through personal experience, many of the legal predicaments in which an attorney can find themselves. First, he advises a potential client who was injured in an automobile accident that they have no viable cause of action. Two days after the statute of limitations runs out, that person consults with another attorney on a separate matter. This attorney advises them that they did in fact have a valid cause of action for which they probably could have netted a considerable recovery and judgment.

Next, unaware of the malpractice charges most likely pending against him, your attorney blatantly decides not to relay a settlement offer to another client because in his opinion it is not a good offer. When the case goes to trial, the client is awarded less than he would have received under the terms of the settlement offer. The client is most displeased when he discovers that the terms of the settlement offer were never relayed to him.

Finally, the attorney forgets to file a list of exhibits and witnesses on the date it is due. As a result, the judge refuses to allow the key witness to testify, and the case is unsuccessful when it goes to trial.

Has professional negligence been committed? What defenses can be raised?

Reference no: EM133854303

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