Attorney Malpractice
Production Assignment: Attorney Malpractice
Despite not being a member of the bar subject to its discipline for ethical violations, it is very important for paralegals to be aware not only of their ethical obligations to the court, opposing counsel, and clients. They should also be aware of possible civil liability for the actions (or inactions) of themselves and their attorneys, should a suit for legal malpractice be brought against the firm. This exercise will help familiarize you with this particular type of tort and make you more aware of the potential consequences of your and your attorney’s conduct.
Anita Athlete, a famous fitness instructor, files a suit against a competitor alleging that they copied her fitness method and made millions of dollars selling the videotapes and DVDs. She hires ABC Law and sues for the lost profits among other things. She advises her attorney of a crucial witness to the case. Her attorney decides not to interview that witness, believing that there is enough evidence without that witness to win. Unfortunately, they lose the case. Anita Athlete has now come to the law firm where you work. She wants to sue ABC Law for attorney malpractice.
Your supervising attorney wants to know whether there is enough evidence to proceed on the claim and asks for your analysis. Research the laws of your state (statutes, cases, etc.) and draft an internal memorandum to your attorney in Microsoft Word format discussing your findings.
Submit the assignment to the W3: Assignment 2 Dropbox by Sunday, September 15, 2013.
Name your document SUO_LGS1004_W3_A2_LastName_FirstInitial.doc.
On a separate page, cite all sources according to Bluebook format.
| Assignment 2 Grading Criteria | Maximum Points |
|---|---|
| Conducted case law research and appropriately referenced such research in the memo. |
25
|
| Analyzed the claim according to the student’s jurisdiction. |
20
|
| Drafted the internal memorandum. |
20
|
| Used correct spelling, grammar, and professional vocabulary. Cited all sources using the Bluebook format. |
10
|
| Total |
75
|
