Assignment #2 - Hu v. Fang PDF

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Questions and answers to Assignment #2 - Hu v. Fang
Questions refer to the hypothetical situation at the beginning of chapter one of "Ethics for the Legal Professional" 8th Edition by Deborah Orlik. The Hu v. Fang case is summarized on page 32 of the same textbook....

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Assignment 2: Hu v. Fang

Question: Let’s go back to the “Hypothetical” at the beginning of this chapter. Who is at fault? Should the client have to forfeit his right to defend the action because the paralegal made a calendaring error? What should the penalty be against the lawyer? Against the paralegal? To aid in your answer, read Hu v. Fang at the end of this chapter.

Answer: The paralegal technically be at fault; however, attorneys are responsible for supervising paralegals. Because the attorney was responsible for supervising the paralegal but failed to adequately do so, the error can be attributed to him. The client should not have to forfeit his right to defend the action because of the paralegal’s mistake. Default was entered due to the attorney’s mistake. I don’t think there should be penalty against the lawyer other than advising him to do a better job of supervising his paralegal. Discipling the paralegal is up to the attorney, but I believe he should be teaching his paralegal proper time frames....