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Assignment: Attorney Malpractice

Despite not being a member of the bar subject to its discipline for ethical violations, it is very important for paralegals to be aware of ethical obligations other than those owed to the court, opposing counsel and clients. They also should be aware of possible civil liability for the actions (or inactions) of themselves and their attorneys if a suit for legal malpractice is brought against the firm. This exercise will help familiarize you with this type of tort and make you more aware of the potential consequences of your and your attorney’s conduct.

Anita Athlete, a famous fitness instructor, sues a competitor, alleging that it copied her fitness method and made millions of dollars selling the videotapes and DVDs. She hires ABC Law and sues for the lost profits, among other things. She advises her attorney of a crucial witness to the case. Her attorney decides not to interview that witness, believing there is enough evidence without that witness to win. Unfortunately, they lose the case. Anita Athlete now has come to the law firm where you work. She wants to sue ABC Law for attorney malpractice.

Your supervising attorney wants to know whether there is enough evidence to proceed on the claim and asks for your analysis. Research the laws of your state-Florida (statutes, cases, etc.) and draft an internal memorandum to your attorney in Microsoft Word format discussing your findings. Cite all sources using Bluebook format.

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Name your document SUO_LGS1004_W3_A2_Freres_J.doc.

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