Question
Your supervising attorney asks you to review the file in the Douglass Financial Services case. After reviewing the known facts of this case, the police
Your supervising attorney asks you to review the file in the Douglass Financial Services case. After reviewing the known facts of this case, the police report and the witness statements, you have been asked to prepare a legal Memorandum summarizing the facts relating to the Plaintiff's claim. Remember, you are a paralegal for the law firm that is defending Douglas Financial Services in the Jessica Hewitt lawsuit.Memo's provide attorneys with information and facts. Assume the atty knows less than you about the facts. Start with the basics: Describe the facts of the accident, where the accident occurred,who the parties to the accident are and other relevant information. Were there witnesses to any relevant event? (events include not only the automobile accident but also include actions which may have transpired prior to the accident including, but not limited to: Portman's actions at the company party, Portman's alcohol consumption, alcohol which may have been provided to Portman, actions of either driver involved in the subsequent auto accident) Who are these witnesses? Identify them and include (objectively) what each witness stated. How do these witnesses affect the possible liability of your client, Douglas Financial? Examine Portman's actions. Was he "forced" to attend company party? What was the actual alcohol level of Portman? How was this determined? What other information was identified in the Police Report? Identify what statements have been taken including any taken from Douglas. I would suggest an investigation of the catering company who was hired by Douglas to look into service of alcohol to a possibly intoxicated person (Portman). That may be a defense to Douglas under the Dram Shop Act or maybe results in shared liability. These are the kind of areas to identify and investigate. Provide as much detail as possible.Be sure to note any facts that might indicate liability or establish a defense on the part of your client, Defendant, Douglass Financial Services, Inc. Do not substitute your personal opinion -be objective. All of the above information is provided in the Appendix to your textbook. Your attorney also tells you that every Memorandum in the law firm always has a heading as follows:
MEMORANDUM
TO:
FROM:
DATE:
RE:
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