Read the scenarios and answer the questions!!!
Background Information:
You walk into the law office of Ben Sherrer hoping to plead your case. You've already been turned down by two different law firms, and you are getting desperate. You've already given some details to the receptionist when you made the appointment, and as you walk into the office you hand Mr. Sherrer a photograph. SHEPPER You explain to him about your father's recent passing, and you express your desire to sue the local hospice care center for wrongful death. Your father had been suffering from Alzheimer's, which was getting progressively worse, and the hospital staff had negligently allowed him to leave the facility and wander off. SHEPPER He was found three days later in the woods behind the facility after having died from hypothermia... alone and scared. The hospice is a big time local employer in your town, and most judges and local politicians can get fairly protective of the facility, which is why the previous attorneys chose not to take your case.. Suddenly, Mr. Sherrer sits up and stops you from telling the rest of your story. You're convinced he will turn you down. However, he accepts your case-although he doesn't explain why. You're surprised, but grateful.. Following, he explains to you the lawyer client relationship, and establishes a contingency fee agreement... After a while, he begins to finish the conversation and to send you politely out of the office, when you quickly think of a question... "What's next?" BEN SHERRER ATTORNEY AT LAW Your lawyer meets with you in his office to discuss the most recent events in the case... He asks you to pull up a chair and to take a seat. You get a sinking feeling in the pit of your stomach.. After several agonizing minutes of pleasantries, your lawyer informs you that the judge denied the defendant's motion to dismiss and subsequent motion for change of venue.. The Judge also stated that Florida substantive law-not Delaware law-will be applied. BEN SHERRER ATTORNEY AT LAW As such, according to the judge, there was sufficient evidence to support the case going forward in Florida. "So," your lawyer continues, "we need to prepare for trial." You stare down at your father's photo, and you slowly begin to feel something new take over you. For the first time in a long time, since he died, you have... hope? PLEADINGS O Unbeknownst to you at the time, your lawyer has actually heard several similar complaints about negligence at the same care facility and has amassed several clients for which he plans to pursue similar lawsuits. " Also, this particular care facility is a franchise, with other care centers across the US-but mainly in Florida; however, it is incorporated in Delaware, and its main headquarters is in Delaware. O All of the witnesses your lawyer has spoken to (and who have agreed to cooperate) are presently located in Florida. O Your lawyer feels he is ready to file a case with the federal district court in Alachua County, where the care facility maintains one of its facilities-the one where your father was a resident. SERVICE OF PROCESS & PRETRIAL MOTIONS O Your lawyer has filed the case with the court and has attempted to serve a copy of the complaint and a writ of summons with the care facility executives in Florida, but he has so far been unable to do so. It's been 30 days. O So, he mails a certified copy to the care facility's headquarters at their last known address. One month passes before the care facility files an answer with the court denying all of the allegations for negligence and a motion to dismiss claiming issues concerning a lack of personal jurisdiction in Florida-alleging that the federal district court in Delaware is the proper venue-and issues concerning the methods used for service of process. O For the latter, the defendant states that Delaware law requires service of process to be made in person. Oops.Since your last visit, your attorney has been busy sending subpoenas to the hospice facility to compel them into providing the firm documentation which might help your case. After you spoke with your attorney, you offered to do whatever you could to help, and apparently he decided to take you up on your offer, because you received a call to come to the firm and meet him in the conference room. However, when you enter you're surprised to find that your attorney isn't present... Instead, the only thing in the conference room are several boxes full of documents on the table. As you enter the room, you quickly realize you're not alone, as a smartly dressed man raises Lip and starts to head in your direction. He seems rather put out, and as he approaches it becomes obvious that you're in his way. You move, and he quickly leaves the roomsaying nothing to you... Suddenly a voice from the dark side of the room rings out, breaking the awkward silence. \"Don't mind him.\" \"That was the defense attorney leaving all these boxes, minus a few items.\" She states rather coolly. \"My name is Beverly. I'm Ben's partner, and Ben has graciously appointed me to conduct all the depositions and to sort through all these documents"... \"Yeah for me." She expresses sarcastically. She stares at you for a minute. "Ben didn't tell you why you were coming here did he?\" Your silence seems to confirm her answer, because she gives an exasperated expression. \"Thought so.\" \"Well, you're here to help me in the discovery phase of the trial. You did say you were willing to help, right?\" You nod your head in confirmation. \"Great.\" She says rather unenthusiastically. \"Well, we better get started going through all these files.\" Your silence and puzzled expression seems to have asked a question you didn't realize you had. \"They are patient's medical and accounting records from our families. We need to corroborate what we know and to find out if there are other medical or fraud issues to establish a pattern of abuse.\" "There are other documents we need as well, like communicationsemails and conversationsby the executives confirming they had knowledge of the problem. However, so far they have been unwilling to provide thatclaiming it's all privileged information.\" She looks annoyed. \"So, we may need to get the court's help to...\" She stops abruptly, as a nervous looking woman enters the room. "Hello. Excuse me, is this Ben Sherrer's office.\" She speaks very quietly, and looks around. Beverly nods, and then asks the obvious question. \"Who are you?\" The woman, still nervous, answers quietly. "My name is Carla Maldonado. I'm a nurse at the local hospice...\" Silence fills the room. You and Beverly immediately step working to give Carla your full attention, straining to hear her. Carla continues. \"I'd like to speak with someone about some things I've witnessed at myjob.\" Ben is again a no show. So, Beverly attends the pretrial conference, and asks you to come along. Don't ask me why. She presents all the information that has been gathered over the discovery period at a slow yet confident pace. This includes all the newly obtained electronic communication records that you needed the judge's help through a court order to get. This information is crucial to show the executives had actual knowledge of the conditions of the center. However, despite Beverly's best efforts, thejudge appears less than enthralled, as does the bailiff. To add insult to injury, Beverly is not the only attorney in the courtroom, and as she continues to discuss the relevance of the communications records, the opposing attorney reacts... \"Objection, your honor. These communications include privileged information, and therefore should not be admissible as evidence into trial.\" \"Sustained.\" The judge responds lazily. \"Wait, what just happened?" You think to yourself. However, before your brain can fully form a response, Beverly also reacts... \"Objection, your honor. Privileged con-in'iunications only include those between a lawyer and his clients in confidence, and these emails are neither. Further, these emails were obtained with a lawful court order. Therefore, it is admissible.\" The opposing attorney responds in a falsely annoyed tone, \"Your honor, many of these emails I sent myself, or l was included in the correspondence. Therefore, it is privileged. We have no concerns for the rest, otherthan their relevancy." \"Sustained.\" The judge responds again... "Objection, your honor,\" Beverly starts to respond. \"Sustained.\" Thejudge repeats angrily. Beverly goes quiet, although visibly steamed. However, the silence doesn't stay long. \"Your, honor. We would also like all the testimony evidence provided by 3 Ms. Carla Maldonado to be thrown out as hearsay. Ms. Maldonado has not worked at my client's hospice for several months, and therefore would not have been present to know of the current conditions affecting this case. Any insight she could provide a jury would be irrelevant.\" \"Sustained.\" The judge responds... Blood begins to drain from yourface. \"Objection, your honor,\" Beverly starts to respond. However, she suddenly stops, having become a loss for words to say appropriate for a court room... The judge perks up for the first time in the evening, looking visibly annoyed. Beverly looks at you with sudden panic on her face. She mouths out words you cannot bear, but you think she said, [[Help'l! It's been three weeks now since the pretrial conference. Ben called to ask you to meet him in his office, and when you arrive he and Beverly are already there. Ben asks you to pull up a chair and take a seat. This seems familiar, and you get that same queasy feeling... You look over at Beverly, and she looks awaybut then quickly fixes her gaze. \"Thank you for your help before... in the courtroom, I mean.\" She stammers. Something feels wrong. Ben breaks the silence. He doesn't bother with any pleasantries this time. \"Despite our efforts, the judge threw out all the evidence we've obtained.\" Beverly gives Ben a quizzical look when he said "our efforts,\" but she corrects herself before he notices. \"Ms. Maldonado should have told us that she'd been fired.\" He looks at you, seeking approval, or just to make sure you were paying attention. You weren't. You stopped listening after \"the judge threw out the evidence.\" He continues. \"Now, we can probably win this on appeal, but without that evidence we don't currently have a case-and the judge will likely grant the defendant's motion for summaryjudgment.\" He pauses, maybe for effect. I don't know. \"Like I said, we can make an argument for appeal, but that might take yearsand they can possibly drag this out for a while.\" Silence fills the room as you start to cry. You pull out a picture of your father, and as you stare down at it, small drops of water start to cover it. \"Now, hold on.\" Ben sits up, obviously disturbed by your crying. \"There is some good news.\" \"The defense has offered you a settlement on account of your father. I think they feel bad about what happened.\" \"This doesn't fix the problem for the other patients, but I think you should take it. It might be the only thing you get out of this.\" You look at Beverly again, and she feigns a smile and attempts to shrug as if saying, \"That's probably true.\" "Okay.\" You say. \"lfthat's what you both think." Beverly feigns another smile, this time trying to appear enthusiastic. \"Excellent.\" Ben relaxes back in his chair. \"You know what they say, 'You can't win \"em all.' Right?\" He looks at you for agreement. You smile politely and nod. He then proceeds to go on about the settlement agreement, and some of the conditions of the contingency agreement regarding some percentage for fees... But, you're no longer really listening, while you wipe the tears from your eyes. \"You'll get some money.\" You think. But that's not the justice you were after. You stare back down at your father's photo feeling as if you owe him an apology or needing to beg his forgiveness. The tears on the photo seem to be gone now. Your sadness seems to fade some, and you reside yourself to thinking something Ben had stated a second ago. \"You can't win 'em all.\" \"Right?\
