I. Can Joyce Beyer’s successfully bring a legal malpractice suit? In order for a client to successfully bring a legal malpractice suit they must show the required elements of legal malpractice which are “(1) an attorney-client relationship; (2) a duty owed to the client by the attorney to use such skill, prudence, and diligence as lawyers of ordinary skill and capacity possess in exercising and performing the tasks which they undertake; (3) a breach of that duty; (4) the breach being the proximate cause of the client's damages; and (5) actual loss or damage resulting from the negligence.” Mainor v. Nault, 101 P.3d 308, 310 (Nev. 2004). This memo will only discuss elements 2-5 in that order, in addition the duty and breach elements will be combined as well as the proximate cause and actual loss elements. The first element of attorney-client relationship is well established so it need not be discussed. A. Joyce will likely be able to show breach of duty since her attorney Mr. Brenner failed to obtain child support in a divorce proceeding when he was clearly aware of her financial situation. The second …show more content…
Similarly to Sorenson, the negligence of Brenner in a divorce proceeding proximately caused the damages incurred by Joyce. It seems that the most obvious reason Joyce did not get child support was due to Brenner’s failure to demand it during the divorce proceedings. His lack of prudence and diligence directly caused Joyce to lose out on support she would have benefitted from. Without continued support from Joyce’s ex-husband that was failed to be acquired by Brenner through the divorce proceedings, Joyce will not be able to support herself or her child properly. Pursuant to NRS 125B.070, she is entitled to 18 percent of her ex-husbands salary, and without that she will be losing out on much needed financial
Maria had spoken with Eva over the phone concerning the correct total amount of $60,000 for rendering decorating services provided by Eva. Maria had sent a letter of the telephone conversation stating that Eva agreed to take $60,000 in full satisfaction obligation under the contract. Although Eva, changed her mind when depositing the check in the bank, she legally entered a mutual agreement over the telephone where it resulted in a unliquidated debt, payment is lower than actual.
“In tort law, the doctrine which holds a defendant guilty of negligence without an actual showing that he or she was negligent. Its use is limited in theory to cases in which the cause of the plaintiff's injury was entirely under the control of the defendant, and the injury presumably could have been caused only by negligence”(Burt, M.A., & Skarin, G.D. (2011). In consideration of this, the defendant argues that the second foundation of this principle should be solely based on common knowledge of the situation. Although, there is a experts testimony tartar is no basis in this case , in the experts testimony or anything else, for indicating that the plaintiffs injury resulted from the negligence of the defendant. The court correctly found the defendant not liable under the Res ipsa
Recommendations: It is recommended that our law office regretfully deny service to Ms. Carry based upon the precedent in Kentucky. Based upon the analysis the issue, it is apparent that Ms. Carry would not receive a promising conclusion to her situation. Due to the facts involved and the cases discussed (which are somewhat on point) Ms. Carry does not make a claim in which relief can be granted.
1. Under Circular 230, does Charles have any responsibility to inform the widow that she is being significantly overcharged by the attorney? Be sure to cite research that supports your position.
alimony in the amount of $350 per week, and payments of her counsel fees (Exhibit A).
A housewife discovered that her husband cheated on her accidentally and he had already owned another lover outside. At the beginning, she was heart-broken. However, when she thought about divorce, she felt helpless because of her children’s paternal love and financial support from her husband. If they divorced, she may lost child custody and properties, which means she will has no money and only can see her children
Eventually they got a divorce and began battling over who will have custody of the child. The father eventually got custody of the child due to his wealth. He threatened to discard the child’s trust bond as a way to get the wife to give in to giving him custody of their child. Here the father used his financial power to gain custody of the child. According to family.findlaw.com, the parent that gains custody has to be financially, mentally and physically stabled. I believe that the father was wrong for attempting to have custody of the child because he knew that she could not stand a chance against him because she could not provide for their child. The husband scooped so low to threaten to discard their child’s trust bond to the point that she had no choice than to make sure her child’s future is secured. On the mother’s behalf, in order for her child to have a better future, she made the sacrifice to lose custody. She knew that she could not have given the child what the father could. If the father cares so much about the child, why would he threaten to discard his child’s trust fund? It is simple, some parents use vengeance as a way to get back at the other
This article described the horrible events of a CNA who neglected three patients from the age range of 80-95. The CNA allegedly snuck in a bottle of vodka upon arrival of work. She was not drunk when she arrived at work, but drank in the bathroom leaving her patients stranded. While intoxicated the CNA failed to assist with her residents medications. The CNA showed a repulsively small amount of care towards the residents during this shift. She only made it halfway through her shift before she passed out, only waking up to not knowing what had happened. Charges have been made for three counts of neglect.
Malpractice, negligence, and injustice are words that hold great meaning in today’s healthcare system. More than likely, these are the words my mother wishes that she could have uttered during her time of inattentive care. My mother underwent countless rounds of chemotherapy when she was pregnant with me because of a very rare cancer called Burkett’s Lymphoma. This caused for her to birth me at only six months of gestation. The doctor told her that she would have to choose between my life and hers. Like any mother that loves her child, she chose to let me live because she felt as though she had lived her life. Why would a mother ever have to make this decision when preventive measures could have been taken? How is it that a licensed obstetrician-gynecologist (ob/gyn) can continue to practice medicine when they are not effectively taking care of their patients? Whether it’s one or one hundred, every patient deserves the best care from any healthcare professional! My mother’s ob/gyn discovered that my mother had the admonition of cancer when she was
In order for attorneys to effectively represent their clients rules govern how and what information is gathered, used, and stored or destroyed. The unit three seminar discusses the rules that regulate these things during and after the representation of a client. There are several systems in place that protect clients and their confidential information from being misused by those who are involved in their cases and legal matters. The duty of confidentiality, attorney/client privilege, and the work product privilege are the topics discussed during this seminar for the purpose of teaching the differences between them all as well as how each works and for what purpose.
Negligence, as defined in Pearson’s Business Law in Canada, is an unintentional careless act or omission that causes injury to another. Negligence consists of four parts, of which the plaintiff has to prove to be able to have a successful lawsuit and potentially obtain compensation. First there is a duty of care: Who is one responsible for? Secondly there is breach of standard of care: What did the defendant do that was careless? Thirdly there is causation: Did the alleged careless act actually cause the harm? Fourthly there is damage: Did the plaintiff suffer a compensable type of harm as a result of the alleged negligent act? Therefore, the cause of action for Helen Happy’s lawsuit will be negligence, and she will be suing the warden of the Peace River Correctional Centre, attributable to vicarious liability. As well as, there will be a partial defense (shared blame) between the warden and the two employees, Ike Inkster and Melvin Melrose; whom where driving the standard Correction’s van.
R/s McKinley Murray has a childlike mind. R/s Mr. Murray’s sister Mary Miller is the payee of his disability check. R/s Ms. Miller is not taking Mr. Murray to supply him with the things he needs. R/s Ms. Miller is not getting Mr. Murray’s medication refilled. R/s Mr. Murray needs for the medication for his heart condition. R/s Ms. Miller is not washing Mr. Murray’s clothes. R/s Ms. Miller is using Mr. Murray’s money to pay the life insurance she has on him and her children.
In terms of reasonable foreseeability, May owes Peter a duty of care as well. By the way, there is no difference between two situations in terms of reasonable foreseeability. As a pregnant woman, May should know the risk if she is still smoking during pregnant. However, liability cannot be imposed on May if Peter’s disability is caused by her decision. Because in the case Dobson v Dobson (1999) “ the Supreme Court of Canada faced for the first time the question whether a child can sue his or her mother for injuries sustained due to the mother’s prenatal negligence. For many Canadian legal scholars and lawyers, the Court’s decision—that a pregnant woman has no legal duty toward her fetus—came as a surprise. A child is free to sue a third party for damages sustained as a result of the third party’s prenatal negligence, and a child is free to sue either or both of his or her parents for their negligence”(Nelson, E. 1999). It means a duty of care may be owed toward a child who is subsequently born with a disability by anyone in the world except his mother.
To begin a claim in professional negligence, you must begin with establishing that there is a professional duty of care owed towards the plaintiff. The most significant case in relation to professional negligence is Hedley Byrne v Heller & Partners Ltd [1964] AC 465. This is because for the first time, it established that a third party relying upon a statement made the him/her may be owed a duty of care by the maker of that statement. The outcome from the Hedley Byrne v Heller Partners (1964) established that a duty of care would be owed (in relation to statements) where there is a ‘special relationship’ between the giver and recipient of the advice or statement. Despite this, a definition for a ‘special relationship’ was not fully defined, however it tends to go by meeting these three requirements; a reliance by the claimant of the defendant’s special skill and judgement; knowledge, or reasonable expectation of knowledge on the part of the defendant, that the claimant was relying on the statement; and that it is reasonable in the ...
Damages were not reasonably foreseeable and limitation period has expired. Secondly, Elements of negligent misrepresentation a duty of care exists based on a special relationship for example professional person and lay person who may reasonably rely on the professional person’s professional expertise. Professional person makes representation that is untrue, inaccurate or misleading. The representation is made negligently. Person receiving the representation relies on it in a reasonable manner and the reliance is detrimental and damages result. Defences for negligent misrepresentation no duty of care is owed for example plaintiff is not a member of the class of individuals that professional knew would rely on the misrepresentation. Plaintiff’s reliance is not a reasonable for example the representation was a part of a discussion and not a formal opinion or the professional limited liability through a disclaimer clause. Professional’s negligent misrepresentation did not cause damages and limitation period has expired. Vicarious liability in certain cases, one person can be liable for the harm cause by