Week 1 Tort And Remedies

Discussion Question 1: Jane Lou Case: Who Is Liable?

The following discussion question addresses ethical rules regarding client confidentiality. After reviewing assigned course materials and conducting brief research on any pertinent laws, including state bar rules of professional conduct and disciplinary cases in your jurisdiction, answer the following discussion question.

You work for a major law firm representing a famous entertainer, Jane Lou. Her former boyfriend who has taken nude photos of her wants to publish them in a tabloid. Lou has retained your firm to represent her in a case to prevent the tabloid from publishing the photos. She brings copies of the photos to the firm. Your attorney gives them to you and asks you to file them. As you glance through the photos prior to filing them away, you are called out of your office on an urgent matter. In your hurry, you leave the photos in an envelope on your desk intending to file them away later. When you come back to your office, the photos are gone. They appear in another tabloid the next day. Lou is now suing your firm, your attorney, and you for malpractice.

Based on the above information, answer the following questions:

  • Identify who is liable and what causes of action Lou may have against you, your attorney, and the firm.
  • In addition, examine any defenses that may be available.

Discussion Question 2: Torts and Medical Malpractice

Research medical malpractice laws in your state and answer the following questions:

  • How is medical malpractice defined in your state? Give an example of a recent case from your state.
  • What is the statute of limitations for medical malpractice claims?
  • Does your state limit damages? Are punitive damages allowed?
  • What limits, if any, are there on attorney’s fees?
  • Are there special restrictions on expert witness testimony for medical malpractice?
  • Are the parties required to submit to alternative dispute resolution (ADR) before a hearing is scheduled?
  • Do you think injured defendants should be required to submit to ADR? Why or why not?

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