GNMENT Law Office - Protected View . Saved v Search erences Mailings Review View Help Upon reaching the old office, you are presented with 2 Banker's Boxes of files: Box One is comprised of two personal injury files, neither of which has much done to it with respect to working the case. One file appears to be in litigation, and has a Scheduling Order in it with a trial date, but little else. The other case is fairly new, with an auto accident having occurred only last month. The documentation associated with each case is attached. Box Two contains a big case that appears to have settled, however, the old office was so overwhelmed that they didn't prepare settlement paperwork! This is money just waiting to come into the office, so a settlement sheet needs to be prepared so that monies can be disbursed. Care should be taken to document deadlines with regard to any monies that need to be left in escrow, if any, as well as to itemize all disbursements on settlement sheets. Any fees to come in to the firm will go directly to the new firm. There is also what appears to be a ledger documenting the work done/fee taken on another client's file. Thus, the amount on retainer left in escrow needs to be determined, and a letter sent to that client itemizing to him how much fee has been earned, what is remaining in the escrow account, and any additional fees that are owing the new firm at this time. The documentation associated with these cases is described below.Search for tools, help, and more (Alt + Q) Review View Help AABIU LAVA ..EDVAV H 1. Two formal Memos to your boss (Mr. Arewedoneyet), one on each of the files in Box One,. assessing for each file (1) the situation that currently exists; (2) listing all deadlines that should be calendared; and (3) any activity that you, as paralegals, identify as needing to be done on the files in Box One as soon as possible (i.e., discovery, interviewing witnesses, ordering records, preparing for trial, etc.); 2. A settlement sheet for the first case in Box Two, itemizing all disbursements, and noting any deadlines (if any) for disburse monies left in escrow; 3. A ledger sheet itemizing all fee earned on the other client's file in Box Two, and then a letter drafted to the client (for the attorney's signature), advising him as to where his escrow monies went, what still remains of his escrow account, and what, if any, monies are due from him at this time to ensure that the case keeps progressing; 4. Timesheets for all work involved for these files. Remember, not everything that you do is billable, so take care to only list things that can ultimately be charged to the client. edictions: On Editor Suggestions: Showing O Q Search WFile #1: Q Search OSummary of Care Jordan Simon was a 17-year old senior in high school who unexpectedly died of a heart attack. Jordan began running as a youngster, and had real promise. Jordan joined Bastside High School's track team as a freshman, and quickly developed Into a star aprinter. At the time of Jordan's death, Jordan was competing for a track scholarship to a Division 1 university. The autopsy revealed that Jordan's bloodstream contained the isterold Erythropoietin (pronounced, ah-rith-ro-poy-tin, and abbreviated, BPO). EPO is used medically to treat certain forms of anemis. Athletes use BPO to Improve performance, because it Increases the oxygen carrying capacity of blood. BPO also increases the blood viscosity, which can cause the blood to sludge and clog capillaries, resulting In a heart attack. Kelly Simon, Jordan's surviving parent, has filed a lawsuit against Eastside High School and Terry Swift, the track coach, claiming that Eastside and Terry were negligent in causing Jordan's death, Specifically, Kelly claims that Terry and the school's athletic department: (1) encouraged Jordan to use steroids; and (il) should have known that Jordan was using sterolds and taken steps to stop Jordan's steroid use. Terry and Eastside deny Kelly's claims, and contend that: (1) Jordan assumed the risk of using steroids; and (il) Kelly was comparatively negligent In not (4) discovering that Jordan was using steroids, and (b) taking steps to stop Jordan's steroid use. This is a bifurcated trial on the Issue of liability only; damages are not at Issuc. Q Search M OIN THE CIRCUIT COURT OF ARKANSAS PULASKI COUNTY KELLY SIMON, an unmurled No. CV2007-35789 Individual, COMPLAINT Plaintiff, 13 TERRY SWIFT, an unmarried 14 Individual; EASTSIDE HIGH SCHOOL, 15 Defendants. 16 17 Plaintiff alleges: 18 COUNT ONE 19 (Negligence/Wrongful Death) 20 1. Plaintiff is an unmarried individual who resides in Pulaski County, Arkansas 21 2. Terry Swift (Swift") is an unmarried individual who resides In Pulaski County, 22 Arkansas. At all relevant times, Swift was the track coach at Eastside High School 23 ("'Eastside"). 24 3. Bastaide la a private high school with its principal place of business in Pulaski 25 County, Arkansas 26 4. Jurisdiction and venue are proper in this Court. 27 S. Plaintiff is the surviving parent of Jordan Simon ("'Jordan"), who died 28 unexpectedly of a heart attack on May 6, 2007, O SearchPARKER WALTERS, PC. Eduardo Chavez (No. 031079) 2727 North Central Avenue Sulte 905 Little Rock, AR 85012 Telephone. (501) 555-1212 Attorneys for Plantler IN THE CIRCUIT COURT OF ARKANSAS PULASKI COUNTY KELLY SOON, an unmarried No. CV3507-35789 Individual, DEMAND FOR TRIAL BY JURY Plaintiff, TERRY SWIFT, on unmarried 14 nullvidual, EASTSIDE Inof SCHOOL 15 Defendants. 16 Pursuant to Rule 38(s), Arkansas Rules of Clull Procedure, plaintiff demands . Bris by jury. DATED: August 17, 2007. FARKER WALTERS, PC. 24 2517 of 23 - Kelly Simian - Jordan's parent - Morgan Pearce - Student, also an tack team ( close friend of Jordan) - Lynn Roper, Ph.D - Expert in strand louse + use of steroids by your atheletes - Terry Swift - Eastida's track coach - Jammin Hagar, Ed. D - Eastack's cat. pancipal / - Autoray Brady - Card tenet too conches / athletic Lots. Q Search 9File #2: Search 9References Mailings Review View Help conta Enable Editing V1 was stopped basically first at light at Rt 13 at Webs lane NB in the right thru lone V2 was traveling NB directly behind V1 the front of V2 struck the right rear of V1 for the point of impact, Operator $ stated that he was traveling NB thru Right thru lane on Rt 13 he stated that he saw the traffic light was about to turn red so he stopped he then saw V2 behind him at a high rate of speed in the thru lane he tried to get out of the way by turning towards the shoulder when V2 hit him, Operator 2 stated that he sow VI stop and he tried to turn to the right to avoid hitting him but V1 turned into him, Also written notes Date - Interview 12/1/17 Date of Accident 10/26/17 Auto Accident Our client: John Smith driving 1990 Nissan he was struck at Dover PD investigated the accident, We need to get the medical authorization signed Went to KGH on the date of the accident Then Dr, Rowe local orthopedic surgeon then prescribed ysical therapy at Barker Therapy Was truck driver drunk? John smelled beer on his breath when fter accident Pictures of vehicles? Wife has Gave nati statement Q Search 9 SUSBOX TWO: . The case of Johnson v. Atlantic Records, et al, has been settled on behalf of your client, Jackie Johnson. You can assume that you have found the following documents in the second Banker's Box: Settlement draft in the amount of $300,000.00 . Ledger sheets from the old firm indicating costs advanced of $26,532.19 . Contingency Fee Agreement signed by the client setting fee at 1/3 of the recovery Notice from Medicare verifying they have paid $8,300 in medicals on behalf of Ms. Johnson, and are asserting a lien for this amount . Letter of agreement between the old firm and Dr. Rowe that the client's unpaid balance with his office will be paid from settlement proceeds - that amount is $17,320.45 Note from the old firm's bookkeeper that Ms. Johnson still owed that office $4,000 in legal fees for representing her in a custody matter, and that this amount was to be taken from her recovery in this case at the time of settlement I 2. Adam Norris retained the old law firm for representation in a custody battle in Family Court. At the time of retaining the firm, Mr. Norris was advised that this matter would take $10,000 to start, and that the firm would let him know as fee was eared/drawn from that initial retainer payment. As far as you can tell, however, fee was continually taken from this account, but no letters were ever sent to Mr. Norris as per the agreement. After a lot of searching, you find the following items: 10/3/22: $10,000 deposited into escrow account 10/14/22: $300 paid in court costs for filing paperwork 11/1/22: $1,500 in fee taken as earned Focus Q Search 9 OLayout References Mailings Review View Help 2. Adam Norris retained the old law firm for representation in a custody battle in Family Court. At the time of retaining the firm, Mr. Norris was advised that this matter would take $10,000 to start, and that the firm would let him know as fee was earned/drawn from that initial retainer payment. As far as you can tell, however, fee was continually taken from this account, but no letters were ever sent to Mr. Norris as per the agreement. After a lot of searching, you find the following items: 10/3/22: $10,000 deposited into escrow account 10/14/22: $300 paid in court costs for filing paperwork 11/1/22: $1,500 in fee taken as earned 12/1/22: $1,500 additional fee taken as earned 12/15/22: $1,000 paid to expert witness for deposition 1/3/23: $1,500 additional fee taken 2/3/23: $1,500 additional fee taken 3/1/23: $1,500 additional fee taken 4/1/23: Note from the Court that additional filing fees of $500 are due from counsel at this time You know that your firm typically requires a minimum of $1,000 to remain in escrow for active Family Court cases, and have been advised that the rules of your firm will be applied to all new cases that are coming in from this other office. On Focus Q Search WIN THE CIRCUIT COURT OF ARKANSAS PULASKI COUNTY KELLY SIMON, an unmarried No. CV2007-35789 individual, 11 ANSWER Plaintiff, 12 13 TERRY SWIFT, an unmarried 14 Individual; EASTSIDE HIGH SCHOOL, 15 Defendants, 16 17 Defendants answer plaintiffs Complaint as follows: 18 1. Defendants admit the allegations In paragraphs I through 4 19 2. Defendants admit that (1) plaintiff is the surviving parent of Jordan Simon 20 ("Jordan"), and (il) Jordan died on May 6, 2007; and are without sufficient information 21 and knowledge to admit or deny the remaining allegations in paragraph 5, 22 J. Defendants admit that (I) Jordan enrolled as a freshman and Joined the track team 23 at Eastside High School ("Bastalde") during the 2003-04 school year, and (II) at the time 24 of Jordan's death, Jordan was a 17-year old senior and a star sprinter on Eastaide's track 25 team; and are without sufficient information and knowledge to admit or deny the 26 remaining allegations in paragraph 6. 27 4. Defendants are without sufficient information and knowledge to admit or deny the 28 allegations in paragraphs 7 through 9. Q Search O W5. Defendants darty the allegations In paragraphs 10 chirough 13. 6. Defendants dony all allegations that have not been admited cupready In thi Answer. AllicmNive Defenses 1. Plaintiffs claims, If any, are barred by plaintiff's comparative negligence, 1. Plaintiff's claims, If any, are barred by Jordan's asumption of the risk, J. Defendants mary learn of additional affirmative defenses during the course discovery, and reserve the right to amend this Answer to assort such affirmative defenses WHEREFORE, defendants pray for: 10 A, Judgment dismissIng plaintiff's claims with prejudice; 11 B. An award of their taxable coats; and 12 C. Such other relief as the Court deeras just and proper. 13 DATED: September 12, 2007. FOSTER & COLLINS, LLP By /s/ Sarah Cavanaugh Sarah Cavanaugh Attorneys for Defendants Copy of the foregoing malled on September 12, 2007, to: Eduardo Chavez PARKER WALTERS, P.C. - 2727 North Central Avenue Suite 905 Little Rock, AR 85012 Attorneys for Plaintiff /a/ Ruth SmithAFFIDAVIT OF KELLY SIMON STATE OF ARKANSAS County of Pulaski Kelly Shook three daily avporn, under oath, states as follows! 1. I ant the 34 -year old andy surviving parent of Jordan Simon. Jordan is my only allid and died on May & 2007. 2. My former spouse, Keane, and I found out we were expecting fordan when I was only 18 years old. Keane and I were both in high school. We were both very successful maners. Keane ran long distances and I was a sprinter. We were hoping to go to college 10 on track scholarships when we learned about the prognandy. J. Keana died when Jordan was only 2 years old. I worked two, and often three, Jobs 12 to make sure that I could take care of Jordan. I wanted to make sure that Jordan had a 13 good life. I probably wasn't home enough, but I had to do what it took to get food on the 14 table and pay for insurance. 15 4. Insurance from Keane's death was set aside in a trust account for Jordan, Until Jordan was 18 years old, I controlled the trust. I never took money out of the trust, At 17 Umes, I even worked 18 hours a day to make sure that we could get by without touching 1B Jordan's trust money. According to the terms of the trust, when Jordan turned 16 years 19 old, Jordan could access the money and withdraw funds without my consent. 20 5. I know, even when Jordan was little, that for an had accious running talent. 21 Jordan ran a 2-mile race at only alx years old and finished before a lot of adults. Jordan 2.2 and I often ran together on the weekends and carly in the morning - it was our time 23 together, Jordan was a strong runner. 24 6. By 6" grade, Jordan could often beat me in sprints. Of course, I was not in great 25 shape, but Jordan was really fast, particularly In the 100 motors, 26 7. By *" grade, Jordan mot numerous high school track coaches, Terry Swift from Q Search OAsk Copilot + 12 of 23 for Jordan inkking nordids. $. In middle school, Jordan set numerous school records, A few kids at other school were faster, but Jordan was committed to track. 9. Terry made quite an Impression on Jordan, After meeting Terry, Jordan talked All the time about going to Eastside, because It had one of the best track programs In the state. The problem was that Eastside is a fancy private school - a school we couldn't afford without help, and Jordan's grades were not nearly good enough to qualify for an academic 10 scholarship. It's not that Jordan wasn't bright, but Jordan was more Interested In running than studying. Fortunately, Terry recommended Jordan for a scholarship. Although Terry 12 never said it, all Jordan had to do was stay on the track team and keep doing really well, 13 and Jordan would get to stay at Eastside. 14 10.1 know I put a lot of pressure on Jordan. I wanted to make sure that Jordan stayed 15 at Eastside. It was a good school - one we couldn't afford. I also wanted Jordan to have 16 the life as a track star that Keane and I couldn't, because we made poor decisions when 17 we were young. 18 1 1.I remember when Jordan was 15, one day during our run, Jordan told me that 19 Terry was applying a lot of pressure for Jordan to take It to the next level. Jordan had 20 placed second in the last meet and Terry was angry. Jordan told me that Terry said that 2 college was on the line and so was next year's tuition at Eastside. 22 12.1 told Jordan that Terry was right. I wanted Jordan to get into a good college, I 23 wanted to make sure that Jordan stayed at Eastside. I remember telling Jordan about the 24 extra training we were going to do together. Instead, I got a promotion at one of my jobs 25 to manager of the computer training division, and I ended up working a lot more. I never 26 got to do the extra training with Jordan. In fact, I ended up putting a lot more 27 responsibility on Jordan to manage the house, Jordan had to shop for groceries, do all the laundry, run errands and make dinner. Jordan probably had less time to train after my - 2 - SearchAsk Copilot 13 of 23 promation than before. 13. When Jordan was 1d, more college recruiters started coming to the track mosts and practices. Jordan was getting more and more nervous. 14. Jordan asked me a few times If' funds from the trust account were available, I said at 16 the funds were available. I never even thought to check the balance after Jordin turned 16, 15. In Jordan's senior year, things were coming together - or so it scored - from a track standpoint. Jordan won overy race. Jordan's times were getting faster and faster. At home, Jordan was more and more withdrawn. I figured it was adolescence, Jordan 10 never wanted to go on morning or weekend runs with me, saying, "they were unnecessary - there were other types of training for great runners," Jordan's comments hurt my 12 feelings, but [ figured Jordan was just angry about all the responsibilities that the other 13 kids didn't have. 14 16. During Jordan's senior year, Jordan was sick a lot, Jordan often stayed home with 15 cold and flu-like symptoms. It seemed like Jordan caught almost every bug that was 16 going around the school that year. Jordan also got lots and lots of nosebleeds. I arked If 17 we should go to the doctor, but I just got an Ice-cold stare and Jordan said, "It's the price 18 of success." I had no Idea what that meant. 19 17.I also was worried about Jordan's acne, Jordan always had perfect skin, but all of 20 a sudden Jordan's back was covered with acne. I figured it was hormonal and Jordan was 21 already angry all the time - I didn't want to bring up the Issue. 22 18, In April 2007, I decided to buy Jordan s car as an early graduation gift. I had been 23 saving as much as I could. I thought about asking Jordan.to pay for car Insurance from 24 the trust. I decided to check the balance on the account. I saw the account balance was 25 down from around $50,000 to about $25,000. I blew my top. First, I called the bank and 26 freaked out that money was fraudulently taken out of Jordan's trust. The bank e-mailed 27 me the records showing Jordan's withdrawals, which are marked as Exhibit 9. I couldn't 28 Search O19.1 went to Jordan's track prootion and in front of Terry I started yelling at Jordan, I showed Jordan the bank records and demanded an explanation, Jordan looked at both of N i and aald, "You both know where the money is going. You might as wall buy it for me. How am I getting to zood? Not from doing dishes, Not from doing laundry." Jordan looked right at Terry and zaid, "You know - you explain it." Jordan ran off and didn't talk to me for a couple of works, 1 asked Terry what Jordan meant and Tarry said, "I'll take care of ut," 20, I manhored the account and the money kept getting withdrawn, but I couldn't do 9 anything to stop it. I wish I had done something - I don't know what - but I wish I had 10 done something 11 21. On the morning of May 6, 2007, Jordan's school called and asked why Jordan 12 wasn't there. Jordan had a big track meet that day - Jordan always went to school on days 13 of track meets, because you could only participate if you attended school, I called home, 14 but there was no answer, I knew something was wrong, so I drove home as fast as I 15 could. When I got home I found Jordan, Jordan was lying in bed, eyes closed. I touched 16 Jordan and I fell my life was over. Jordan's body was cold. I screamed, I called 911. 17 22. I've taken leave from work. I can't function. I'm heavily medicated most of the 18 Ume. My life Is gone. Everything I loved is gone. Jordan was my baby. I waited Jordan 19 to have the life I never had - now Jordan is dead at 17 years old. 20 23. About a month ago, I found the strength to go through some of Jordan's stuff. In a 21 shoebox in the back of Jordan's closet I found a bunch of syringes and small battles 22 containing a clear liquid, I'm sure it was the steroids, I throw the box against the wall. 23 Eventually, I gathered everything up and toused It in the trash. 24 24. Most days I sit in Jordan's room or lay on the bed and stare at the track trophies 25 and medals. I crave one more day with Jordan. One more run, One more breakfast. One 26 more conversation. I don't know how I can get through the rest of my life. For now, I'm 27 Just trying to get through each minute with the pain and loss of losing my child to steroids. Search O