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Question 1
Carrie client paid $450/hr to be represented by Big, and she expected only perfect results in her high-profile suit against Ham Burgher for libel. Tabloid reporters wrote on everything about the case, from the legal ins and outs to the high-heeled shoes Carrie chose to wear in court. Carrie found out that Big's overzealous young associate filed some frivolous discovery request that brought him and Big a Rule 11 sanction. Carrie became extremely angry with Big for the violation, but she reserved the worst of her temper for the moment the jury returned its verdict in favor of Burgher. The jury decided that Burgher did not commit libel. Carrie sues Big for malpractice based on the harm caused by the ethical violation. Will Carrie prevail in the malpractice suit?
Correct For Carrie to prevail in the malpractice suit against Big, she would have to demonstrate that 'but for' the ethical violation, Carrie would have prevailed in her libel suit against Burgher. A plaintiff in a malpractice suit must demonstrate causation ' that the violation was a cause of the harm to the plaintiff. The facts do not indicate the Rule 11 sanction impacted negatively on the outcome of the libel case. Therefore Carrie will probably not prevail.
Incorrect! For Carrie to prevail in the malpractice suit against Big, she would have to demonstrate that 'but for' the ethical violation, Carrie would have prevailed in her libel suit against Burgher. A plaintiff in a malpractice suit must demonstrate causation ' that the violation was a cause of the harm to the plaintiff. The facts do not indicate the Rule 11 sanction impacted negatively on the outcome of the libel case. Therefore Carrie will probably not prevail.
Correct
Incorrect!
Question 2
Parry, a scrupulous plaintiff's lawyer, suffered a grave setback when he discovered his paralegal stole a boatload of money from his client's trust fund. In spite of doing everything he possibly could to prevent such an occurrence, and in spite of doing everything he possibly could to remedy the problem, Parry is now on the defensive. Unfortunately he has not been able to come up with the full amount of money that was stolen from his client by the paralegal. What types of actions might be successfully brought against Parry?
Correct Parry is subject to civil liability because his client has not been fully compensated for the damage wrought by the criminal act of the paralegal. (b) and (c) are incorrect because if Parry did not ratify the criminal conduct or participate in the crime, he will not be successfully prosecuted by the state.
Incorrect! Parry is subject to civil liability because his client has not been fully compensated for the damage wrought by the criminal act of the paralegal. (b) and (c) are incorrect because if Parry did not ratify the criminal conduct or participate in the crime, he will not be successfully prosecuted by the state.