What might the attorney argue in his defense

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Reference no: EM133245209

Case: The attorney by whom you have just been hired is a recent law school graduate. Early in his career, he discovers, through personal experience, many of the legal land mines on which an attorney can step. First, he advises a woman who was injured in an automobile accident that she has no viable cause of action. Two days after the statute of limitations runs out, she consults with another attorney on a separate matter. This attorney advises her that she did indeed have a good cause of action for which she probably could have netted a considerable recovery. Next, unaware of the malpractice noose now dangling over his head, your attorney blithely decides not to relay a settlement offer to another client because in his opinion the client should not accept the offer. When the case goes to trial, the client is awarded less than he would have received under the terms of the offer. The client is most displeased when he discovers that the terms of the settlement offer were never relayed to him. Finally, he forgets to file a list of exhibits and witnesses on the date it is due. As a result, the judge refuses to allow his key witness to testify, and the case is lost when it goes to trial. Has professional negligence been committed What will clients in each of these cases have to prove if they allege professional negligence? What defenses can be raised? What might the attorney argue in his defense?

Reference no: EM133245209

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