A law firm’s paralegal made a mistake in computing the date for the close of discovery in a lawsuit. Who has liability for this error? Discuss.
1. A law firm’s paralegal made a mistake in computing the date for the close of discovery in a lawsuit. Who has liability for this error? Discuss.
2. Wells Fargo is deciding whether to loan $25,000 to Mika Andres, a sole proprietor in Indiana who operates a café, and whether to take a security interest in the fixtures in the café. Why would Wells Fargo conduct a UCC-1 search in Indiana?
3. Why would a prospective McDonald’s franchisee want to know about termination of other franchisees in the McDonald’s system?
4. Jamie is about to sign a lease for property owned by ABC Inc. The lease states that the tenant released the landlord from any liability for violation of state codes relating to lead paint at the leased premises. Discuss whether such a provision is legal.
5. Identify whether (and if) the following items are protectable as trademarks, copyrights, patents, or trade secrets.
a. Secrets of Real Estate Success, which is the title of a book
b. Content of the book Secrets of Real Estate Success
c. The slogan, “Welcome to Our World,” used by American Airlines
d. A new software program used by American Airlines to check in its passengers
e. A list of potential companies that American Airlines would like to acquire
7. Ads for a mattress promise that those who buy the mattress will experience the “best dreams ever.” Discuss whether this statement might constitute false advertising.
8. Samantha sued LMN Corp., alleging it owes her $40,000 for interior design services she provided to the corporation. LMN filed a voluntary petition in bankruptcy last Tuesday. What effect, if any, does the filing have on Samantha’s lawsuit?
First, the paralegal may be held responsible for the mistake if it was due to negligence or incompetence. Paralegals are expected to possess the necessary skills and knowledge to perform their duties accurately, and if they fail to do so, they may be held accountable for any resulting damages.
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Third, the attorney who is handling the case may also be held liable for the paralegal’s error, especially if the attorney relied solely on the paralegal’s calculation without independently verifying the date for the close of discovery. The attorney has a duty to exercise reasonable care and skill in representing the client, and if the attorney failed to do so, they may be held liable for any resulting damages.
In conclusion, liability for a paralegal’s mistake in calculating the date for the close of discovery in a lawsuit can fall on multiple parties, including the paralegal, the law firm that employs the paralegal, and the attorney who is handling the case. The specific circumstances of the case will determine who is ultimately held liable for the mistake.