Question
An attorney at a large civil litigation law firm received an email from a potential client, Mary Wilson, asking to discuss a possible employment discrimination
An attorney at a large civil litigation law firm received an email from a potential client, Mary Wilson, asking to discuss a possible employment discrimination lawsuit. The attorney was on her way to court, so she forwarded the email to a paralegal whom she worked with on a daily basis. She asked the paralegal to email Ms. Wilson back to obtain more information about the potential lawsuit. The paralegal drafted the following email to Ms. Wilson:
Hi Ms. Wilson,
My name is Jane Sanders and I am excited to represent you in your lawsuit. Please provide me with some more information about the situation with your employer.
Thanks!
Jane Sanders
ABC Law Firm
Ms. Wilson immediately responded to the paralegal and indicated that she is 63 years old and she believes that her employer, XYZ Technology Company, fired her from her job due to her age. She said that her manager replaced her with an individual that was much younger. Ms. Wilson explained that she generally performed well at her job, but has been very distracted lately and made some pretty big mistakes at work in the past month before she was fired. She asked about her chances of success in an employment discrimination lawsuit against her former employer. The paralegal read Ms. Wilson's email and responded with the following email:
Hi Ms. Wilson,
Thank you for your response. I think you have a great case and you will probably win if you sue. Don't worry that you made mistakes. Everyone makes mistakes so that won't matter for your lawsuit. I am excited to work with you. Thank you so much.
Jane Sanders
ABC Law Firm
Later, that afternoon, the paralegal posted the following on her personal social media account:
"Do not work with XYZ Technology Company! They fired a great worker because of her age!"
List the errors that the paralegal made in the hypothetical above and explain how she should have handled the situation.
Draft an objective issue statement that accurately frames the legal issue described in the hypothetical.
Analyze why it is important to inform clients about both the positive and negative aspects of their potential lawsuit.
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