Torts

1. Torts Dennis J. Kehm, Jr.

2. Welcome to……….

3. Tort…….

4. ….Law

5. It does not matter how slowly you go so long as you do not stop.

6. Negligence • Duty of Care • Breach of Duty • The Breach Caused an Injury • Damages

7. Malpractice • Based on Negligence • Same Elements as Negligence • Specialists (Lawyers, Doctors, Paralegals) will be held to a higher standard of care

8. Legal Malpractice

9. Legal Malpractice • Attorney owed client a duty to keep files safe and confidential • Attorney breached this duty by placing client files on curb, in public • Attorney’s act caused client’s files to be seen by public • Compensable damages?

10. Legal Malpractice An attorney attempts to draft a trust for a client that would give him a tax advantage. He fails to properly set up the trust. Although the attorney concedes that he was somewhat inexperienced, he did a good job working on the matter and did not need to refer the client to a tax specialist. Was the attorney negligent? Why or why not? What is the reasonable standard of care?

11. Legal Malpractice • What duty was owed to client? • Did attorney breach the duty?

12. Medical Malpractice A mother brings in her very young son to the emergency room. She tells the attendant that the child has taken a large quantity of aspirins. The attendant tells the mother to advise the physician of these facts; however, the mother fails to do so. The physician diagnoses the son with the flu. The son dies and the parents sue the physician. Can the parents recover? What is the reasonable standard of care? What defenses might the physician raise?

13. Medical Malpractice • Duty? • Breach? • Causation? • Damages?

14. How to Avoid Legal Malpractice • Always keep client information confidential • Keep abreast of changes in the law • Always be aware of filing deadlines • Paralegals must avoid the unauthorized practice of law

15. This Week’s Assignments: Discussion Posts (Two topics) Seminar (You are already here)