Case Study:
Jane Lou Case: Who is Liable?
The following discussion question addresses ethical rules regarding client confidentiality. After reviewing assigned course materials and conducting brief research on any pertinent laws, including state bar rules of professional conduct and disciplinary cases in your jurisdiction, answer the following discussion question.
You work for a major law firm representing a famous entertainer, Jane Lou. Her former boyfriend who has taken nude photos of her wants to publish them in a tabloid. Lou has retained your firm to represent her in a case to prevent the tabloid from publishing the photos. She brings copies of the photos to the firm. Your attorney gives them to you and asks you to file them. As you glance through the photos prior to filing them away, you are called out of your office on an urgent matter. In your hurry you leave the photos in an envelope on your desk intending to file them away later. When you come back to your office, the photos are gone. They appear in another tabloid the next day. Lou is now suing your firm, your attorney, and you for malpractice.
Based on the above information, answer the following questions:
- Identify who is liable and what causes of action Lou may have against you, your attorney, and the firm.
- In addition, examine any defenses that may be available.