Question
Roma Novak was seriously injured some time ago when a hair dryer she was using caught fire and burned her. Roma has come to the
Roma Novak was seriously injured some time ago when a hair dryer she was using caught fire and burned her. Roma has come to the law firm of Fritz, Kramer & Wilkens, P.C., for legal representation in bringing suit against the hair dryer's manu-facturer. Harold Potler is a litigator at the firm, with years of products liability experience. Harold instructs his paralegal, Janice Murphy, to prepare the complaint and file it with the court within the next three days. Harold tells Janice that the injury occurred and cause of action accrued nearly four years ago, and the statute of limitations is about to run. In fact, it will run in 10 days. Janice, busy with other work and preoccu-pied with thoughts of her upcoming wedding, forgets to draft and file the complaint. After 14 days have passed, Harold asks Janice why she did not give him the complaint to review before she filed it. Quickly, Janice drafts the complaint and gives it to Harold to review.
a. Has Janice violated any legal ethics rule? What rule?
b. Has Harold violated any legal ethics rule? What rule?
c. Can the complaint be filed now, since its lateness was not the client's fault?
d. What happens to the client's products liability claim after the running of the statute of limitations?
e. What course of action could the client take against the law firm, attorney, and/or paralegal because of this occurrence?
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