Question
Amber is a mother of three who was recently involved in a car accident while traveling home from a swim meet. She was stopped at
Amber is a mother of three who was recently involved in a car accident while traveling home from a swim meet. She was stopped at a red light at around 9:10 pm when two speeding cars came careening out of control towards. Both cars struck her vehicle, sending her and her children to the emergency room. After the police were called and the initial investigation completed, it was determined the drivers were teenagers involved in a street race. Injured and upset, Amber approaches Dominic to represent her in a lawsuit. Dominic agrees to represent Amber for a flat rate of $250 per hour.
Dominic tells Amber the first thing he must do is draft a complaint about each defendant and file it in court. Dominic drafts two complaints, but because the drivers were engaged in the same act and struck Amber's vehicle at the same time, the complaints are virtually identical. A week after each is filed, Amber receives a bill for $1000, two hours billed for each complaint. Amber does not understand how the second complaint could take two hours to complete when it is virtually identical to the first. When confronted, Dominic explains both complaints have the same value.
What would you do if you were Amber? Is Dominic's billing practices ethical? Why or why not? Based on what we know, was Dominic's response to Amber appropriate? What can Amber do next time to avoid this situation? What can Dominic do?
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