Ava, Sebastian, and Roma are physicians who own a medical practice in your jurisdiction. The physicians hired
Question:
Ava, Sebastian, and Roma are physicians who own a medical practice in your jurisdiction. The physicians hired a lawyer, Jeb, to represent them in a claim for misappropriation of commercial rights against a pharmaceutical company. According to the physicians, the pharmaceutical company used their likeness (in the form of photographs shared on social media) in conjunction with an advertising campaign for a new medication. The physicians have never reviewed the effectiveness for the medication, do not wish to promote the new medication, and have not provided the pharmaceutical company with permission to use their images for commercial purposes.
The physicians met with their attorney, Jeb, and agreed to move forward with a lawsuit. Last week, however, the physicians learned that Jeb failed to file the complaint on time and that they will not be able to pursue their legal claim because the statute of limitations has passed.
- Applying the legal ethics rules for your jurisdiction (California) , determine whether Jeb may be subject to legal sanctions.
- Assess the physicians' predicament. Determine how the physicians can file an ethics claim against their attorney in your jurisdiction?
Dynamic Business Law
ISBN: 9781260733976
6th Edition
Authors: Nancy Kubasek, M. Neil Browne, Daniel Herron, Lucien Dhooge, Linda Barkacs