Week 4:
Short Note: We will consider the sociology of the legal profession in a later class. This week we looked at the film, Class Action. Class Action is also on the syllabus and it shows up under week 6.
Class Action is a film which illustrates some of the problems encountered in the practice of law in the 1990's.
The Story
This concerns a class action against ARGO MOTORS. The principal plaintiff, Steven Kellend, was driving a 1985 Merridian station wagon. He was in the left turn lane and his left indicator light was flashing when he was hit from behind. The car exploded. Mr. Kellend was severely burned, his wife and child died.
He asks Jedediah Ward, who is an attorney in San Francisco, to take the case on a contingency basis.
Argo Motors is defended by Quinn, Califan, and Lunn, a large law firm, renowned for its service to wealthy corporate clients. One of the most promising junior attorneys in the firm is Margaret Ward, the daughter of Jedediah Ward. (It is estimated that twenty-six per cent of Quinn's work comes directly or indirectly from Argo.)
Questions:
1. What is the difficulty which arises when two attorneys, a father and daughter, work on the same case for opposing sides. How was this problem overcome (disclosures)?
2. Is it legal- is it moral- for Mr. Quinn to tell Ms. Ward to "eliminate [Mr. Kellend] as an effective witness, for if he gets into court, he will be far too sympathetic?"
How does Ms. Ward attempt to eliminate Mr. Kellend as an effective witness?
[" How did it feel to be on fire? Were you a patient of Dr. Maxwell Chastin, a psychiatrist specializing in car phobias?"]
[" Prior to the accident- how many times were you cited for driving too slowly?"]
Why does Ms. Ward show Mr. Kellend photos of the accident during the discovery process? Did these photos help to refresh his memory? Did she think that they would help him to better remember all the facts?
3. What is a class action? Rule 1.220 of the Florida Rules of Civil Procedure: a. Before any claim or defense may be maintained on behalf of a class by one party or more suing or being sued as the representative of all the members of a class, the court shall first conclude that:
4. Why did the company not change the blinker circuit?
[ The bean counter said that the cost of a recall would be 175K (units) X $300 (per unit) = 50 million dollars]
[ The bean counter said that the cost of a law suit would be 150 (explosions) X $200 (average settlement) = 30 million ]
"It is cheaper to deal with the law suits..."
5. What did Michael Granger, a partner at Quinn, Califan, do with the report of Dr. Pavel?
Comment on the exchange between Granger and Maggie Ward.
Grazier: "We have to loose it.."
Ward: "I will not be a party to destroying evidence."
6. What did the report of Dr. Pavel say?
7. What is the solution to the problem found in the meeting between Ms. Ward, Mr. Granger, and Mr. Quinn?
"If we don't give them full disclosure and we get caught- we will lose every client we have got.."
"Then, send them everything..."
"Bottom line- it is still within the letter of the law..."
8. Other issues which might be considered. What do the Florida Rules of Professional Conduct say about this issue? These are available on line as a PDF file.
9. There are sections of the California Bar rules which you might want to consider when you write you papers.
If you want to see a review of the movie, you may wish to read the following:
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Stephen Ross Levitt Updated: October 2000 Copyright Stephen Ross Levitt |