Darlene and Daryl Jenkins lived in their home for twenty-five years. It sat by a little...

 

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Darlene and Daryl Jenkins lived in their home for twenty-five years. It sat by a little creek in town, and was one of the rare homes that didn't seem like a city home. As the city's population grew, the city needed space for things such as wider streets and larger schools. The elementary school next to Darlene and Daryl had always been separated by a thicket of trees that ran along the curve of the creek. But now the city needed all that space, including the lot on which the Jenkins' home sat. The city had the right to take the home by way of eminent domain, but was required under the law to pay a reasonable price for it. The Jenkins naturally thought their little home was worth more than the city offered. In fact, they thought it was worth twice as much. But the Jenkins' opinion was tied to factors that weren't recognized by real estate brokers or the city, such as the proximity of their home to downtown, as well as the memories of living there. The Jenkins were represented by attorney Mark in the negotiations with the city. Unfortunately, Mark was too busy planning his run for a county council seat to give the Jenkins much of his time. Mark's paralegal Barb, however, had really connected with the Jenkins, and it was she with whom they spoke on a regular basis. The city had made a final counter offer that would only be open until Friday and the Jenkins asked Barb's opinion on this. Although Barb told them she couldn't advise them what to do, the Jenkins asked, "What would you do if you were us?" Barb told them she would take the money and avoid the upcoming arbitration, where an arbitrator would determine what the property was worth. So, the Jenkins said, "Okay. We're done with this. Tell the city we'll take their lousy money." Barb then contacted the city. Has Mark comported with the duty to effectively communicate with the Jenkins? Why or why not? Darlene and Daryl Jenkins lived in their home for twenty-five years. It sat by a little creek in town, and was one of the rare homes that didn't seem like a city home. As the city's population grew, the city needed space for things such as wider streets and larger schools. The elementary school next to Darlene and Daryl had always been separated by a thicket of trees that ran along the curve of the creek. But now the city needed all that space, including the lot on which the Jenkins' home sat. The city had the right to take the home by way of eminent domain, but was required under the law to pay a reasonable price for it. The Jenkins naturally thought their little home was worth more than the city offered. In fact, they thought it was worth twice as much. But the Jenkins' opinion was tied to factors that weren't recognized by real estate brokers or the city, such as the proximity of their home to downtown, as well as the memories of living there. The Jenkins were represented by attorney Mark in the negotiations with the city. Unfortunately, Mark was too busy planning his run for a county council seat to give the Jenkins much of his time. Mark's paralegal Barb, however, had really connected with the Jenkins, and it was she with whom they spoke on a regular basis. The city had made a final counter offer that would only be open until Friday and the Jenkins asked Barb's opinion on this. Although Barb told them she couldn't advise them what to do, the Jenkins asked, "What would you do if you were us?" Barb told them she would take the money and avoid the upcoming arbitration, where an arbitrator would determine what the property was worth. So, the Jenkins said, "Okay. We're done with this. Tell the city we'll take their lousy money." Barb then contacted the city. Has Mark comported with the duty to effectively communicate with the Jenkins? Why or why not?