Question: Brent Avery on behalf of his law firm The Law

Brent Avery, on behalf of his law firm— The Law Office of Brent Avery— contracted with Marlin Broadcasting to air commercials on KRTV, a local radio station. Avery, who was the sole member of his firm, helped to create the ads, which solicited direct contact with “defense attorney Brent Avery,” featured his voice, and repeated his name and experience to make potential clients familiar with him. When KRTV was not paid for the broadcasts, Marlin filed a lawsuit against Avery and his firm, alleging an outstanding balance of $ 35,250. Pending the court’s hearing of the suit, Marlin filed a re-quest for a writ of attachment. Marlin offered in evidence the parties’ contracts, the ads’ transcripts, and KRTV’s in-voices. Avery contended that he could not be held person-ally liable for the cost of the ads. Marlin countered that the ads unjustly enriched Avery by conferring a personal benefit on him to Marlin’s detriment.
(a) The first group will decide what the purpose of attachment is and explain it.
(b) The second group will outline what a creditor must prove to obtain a writ of attachment.
(c) The third group will determine whether Marlin Broadcasting is entitled to attachment in this scenario.

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  • CreatedJune 18, 2014
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