Lawyer Ann Adams and paralegal Ben Burns have been hired by client Carl Carlson to sue a grocery store where Carl, who is 85, fell down when he slipped in a puddle of water in the produce aisle. Ann delegates the task of preparing the complaint to Ben. Ben mis-calendars the date that the complaint must be filed and the statute of limitations passes. What are Carl's remedies? Can he name Ben as a defendant if he brings a lawsuit? What kind of lawsuit can he bring? What will happen if he reports the matter to the proper disciplinary authorities? Is the failure to file the complaint on time an ethical breach? Can Ann and/ or Ben be disciplined for this conduct by the state supreme court or another disciplinary authority? What if Ann already has a private reprimand on her record for a similar violation? What if three other clients have reported Ann for failing to return calls and show up for court dates?

 

1.What are Carl's remedies?

2. Can he name Ben as a defendant if he brings a lawsuit?

3. What kind of lawsuit can he bring?

4. What will happen if he reports the matter to the proper disciplinary authorities? Possible disciplinary action including censure, reprimand, etc

5. Is the failure to file the complaint on time an ethical breach?

6. Can Ann and/or Ben be disciplined for this conduct by the state supreme court or

another disciplinary authority?

7. What if Ann already has a private reprimand on her record for a similar violation

8. What if three other clients have reported Ann for failing to return calls and show up in court?

Answer rating: 100% (QA)

1 Carls Remedies Carl may have a potential malpractice claim against the law firm for failing to file the complaint on time He could seek damages for ... View the full answer