Answered step by step
Verified Expert Solution
Link Copied!

Question

...
1 Approved Answer

You are employed as a paralegal at the law firm of Attorneys & Associates, and you are currently assisting the lead attorney, Juan Escobar-Henao, in

image text in transcribed
You are employed as a paralegal at the law firm of Attorneys & Associates, and you are currently assisting the lead attorney, Juan Escobar-Henao, in a civil case representing Jane Doe. Ms. Doe is in a dispute with a commercial landlord over a lease involving several hundred stores and warehouses. The case has nearly concluded the discovery phase and both sides have filed several motions. In reviewing the latest motion filed by Attorney Escobar, you realize that the case relied on in the motion is \"Kiser-John, Inc. v. Trident,\" a 20XX case from your state's Supreme Court. This case is on point and directly supports your client's position. This case is favorable to Jane Doe in its holding that specific lease provisions are not enforceable. As you prepare to draft additional motions, you discover \"Smith v. Jones, Inc.,\" a more recent case that overrules the decision in \"Kiser-John, Inc. v. Trident.\" The legal theory of Ms. Doe's case relies almost exclusively on the holding in the \"Trident\" case. The \"Smith v. Jones" case is damaging, if not fatal, to your client's case. Prepare a legal memorandum regarding how a paralegal or attorney should address this issue. Specifically, how should an advocate address the issue of a legal authority that is helpful to your client being overruled in a subsequent and binding decision? What are the ethical issues raised in such a scenario

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access with AI-Powered Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Entrepreneurial Finance

Authors: J. Chris Leach, Ronald W. Melicher

6th edition

978-1305968356

Students also viewed these Law questions

Question

State the domain of the rational expression. 8 x+3

Answered: 1 week ago