Description

CHAPTER 6

CASE 1

Case Questions

1. What did the resolution of this case mean for free legal service providers all over the United States?
2. How would you explain this decision to a client who kept a large sum of money in your firm’s trust account? What is one way to explain it that would make the client feel better about not getting interest on his or her money?

CASE 2

Case Questions

1. What was the Court’s rationale for allowing Thayer to recover attorneys’ fees at all?
2. What was the Court’s rationale for not allowing the Takenaka and Yukawa paralegal fees but allowing the Chang fees?
3. What policies would you institute in your Hawaii law firm based on this decision?

CASE 3

Case Questions

1. Why do you think contingency fee cases require written agreements?
2. What logical reason could Mullens have had for not getting his client to sign a new fee agreement?
3. One of the advantages of representing clients on a contingency fee basis is not having to keep time sheets. But if you don’t keep accurate daily time records, how could you prove your quantum meruit case?
4. After reading this case, what policies would you adopt for your law firm?

CHAPTER 7

CASE 1

Case Questions

1. What was the effect of using the Deceptive Trade Practices Act rather than an ordinary claim of negligence for the case Latham neglected to file?
2. Why didn’t the Castillos’ claim for fraudulent misrepresentation work? Why was it dismissed by the court?
3. Why did the breach of contract claim fail? Do you think the Castillos have a cause of action in negligence against the lawyer who prosecuted this malpractice claim?
4. What actions could Attorney Latham have taken to avoid this professional negligence?

CASE 2

Case Questions

1. Why was Paralegal Mullen held to the standard of an attorney?
2. In addition to the standard of care, what else did the court believe Mullen was required to do once she discovered that McClellan was not a licensed lawyer?