TORTS III Letters of Advice •Content •Outlining options - the client can choose •(out of court settlement x lawsuit) •Structure •Paragraphs – introduction, conclusion (if you have any questions, do not hesitate to …) •Linking words (therefore, however, clearly, in my view,…) •Style – formal, polite •No contractions!!! (did not, was not, …) Letters of Advice •Vocabulary •Nice use of collocations •Right x law – “the right is on your side“ •Advice – uncountable •Grammar •Should have foreseen/could not have foreseen •If you agree (if + present) •If they had not allowed that many people on the stairs, the stairs would not have collapsed. •To sue the building company, who renovated … •No comma before THAT!!! (I have come to the conclusion, that there is …) • law that Compulsory assignment •Instructions - Handout p.18 •Number of words 150-200 •To “odevzdávárna“ •Deadline – 26 April • Frivolous lawsuit p.19 •Pre-listening vocab •What´s the difference? •Punitive damages x Compensatory damages https://encrypted-tbn2.gstatic.com/images?q=tbn:ANd9GcSpGkit_kTLaaTxqpKQ4sd7uLayprtJWarpkWfwsKE88Tw 6_UNT8zr04w Providing a plaintiff with the monetary amount necessary to replace what was lost. Punishing a defendant for his or her conduct as a deterrent to the future. (“Quasi-criminal“) Punitive damages Compensatory damages What does Fabio mean by frivolous lawsuit? • •The lawsuit is not to be taken seriously; the amount of damages awarded is far too high for the injury suffered. What injury did the plaintiff suffer? • •The plaintiff received third-degree burns from spilled coffee. •She had to undergo a medical •treatment for 2 years. https://encrypted-tbn1.gstatic.com/images?q=tbn:ANd9GcSsokuyC3u4q4uJ8vRtPgdpT3Xx_P8XsRphy-66-7xn3ef svuSLkdFpCXw Why did McDonald’s refuse to settle out of court? • •McDonald’s refused to settle because they most likely thought the plaintiff could not win the case, as in other cases the courts had ruled that coffee burns were an open and obvious danger. How much did the court award Liebeck in compensatory and punitive damages? • •At first, Liebeck was awarded $200,000 in compensatory damages, which was reduced by 20% to $160,000. • •The judge also awarded her 2,7million in punitive damages, which was then reduced to $480,000. What was the reasoning of the court? •Gross negligence – coffee was “defectively manufactured“ • •Evidence showed that MacDonald’s serve coffee much too hot (1982-1992 700+ people burned) https://encrypted-tbn2.gstatic.com/images?q=tbn:ANd9GcRBJ9zjgvO898e3_qWTtza3FtbO5VFg1iOK6YYKpkUn1te hDry05aEjZQ How much did Liebeck finally receive in damages? • •We do not know, but it is thought that the amount was under $600.000. https://encrypted-tbn0.gstatic.com/images?q=tbn:ANd9GcTX9P21pEH3DSS6K6oHpKXirsBllzqjCjblkr49S_lDtvh yPJ22vn9JK4bk Mistakes •79-year-old •Stella Liebeck •Coffee •McDonald´s •She wasn´t driving CASE: Liebeck v. McDonalds’s Restaurant 1.placed 2.spilled 3.determined 4.suffered 5.treated 6.settlement 7. •7. defendant •8. found for •9. awarded •10. damages •11. punitive •12. appealed • True or made up? •Case No. 1 •Case No. 2 •Case No. 3 •Case No. 4 •Case No. 5 •Case No. 6 •Case No. 7 • • •Fabricated •True •Fabricated •Fabricated •True •Fabricated •Fabricated from a very old urban legend! Lawyer-client interview •“In many ways for lawyers the initial client interview is like a first date. You do not know each other that well and hope to get better acquainted.“ •Jim Calloway, Director of the Oklahoma Bar Association's Management Assistance Program • • • • http://www.lawcrossing.com/images/articleimages/attorney_client_privilege.jpg What are important skills/qualities for a lawyer when dealing with a client in an interview? And what should s/he avoid? A successful lawyer-client interview • + –active listening –effective questioning –empathy –giving feedback –patience –clear explaining –knowledge of law –correct application of law –logical thinking –timing – • - –judgemental –impolite –arrogant • – Lawyer – Client interview p. 11 •OPENING • •• Greeting the client, preliminary small talk • •1. O. I hope you had no trouble finding our office. • •• getting an overview of the case, explaining circumstances and structure of the interview • •2. E. Let me assure you that everything you tell me today will be held in strict confidence. • •3. J. I understand that you would like some advice on your employment situation. •LISTENING AND QUESTIONING • •• listening actively to establish facts of events, checking for understanding • •4. I. Mmm…I see. • •5. K. OK, we’ve identified three issues which we need to focus on. These are…Is that how you see it? • •• identifying aims of the client • •6. H. What would be an ideal outcome for you? • •7. L. Perhaps you could let me know what your priorities are in this matter. •SUMMARIZING • •• summarizing the client’s concerns and goals • •8. G. If I understand you correctly, you’re saying that … • •9. M. Allow me to summarize what you’ve said. • •• seeking further information from the client • •10. F. I need to know more about… •ADVISING • •• giving a brief outline of the relevant law and applying the law to the client’s problem • •11. N. The legal position is as follows… • •12. P. I am sorry to inform you that there is no legal ground for this claim. • •• outlining available options, helping the client reach a decision if appropriate • •13. D. I have to warn you that proving that …will be extremely difficult. • •14. A. You have two or three options here. The first... the second... and the third is to.... •CONCLUDING • •• describing the follow-up action to be taken by lawyer and by client • •15. C. Let me go through the file and read through the contract. Then I’ll prepare the complaint. • •• concluding the interview appropriately • •16. B. Thanks for coming in to see us today. Don’t hesitate to phone or send me an email if you have any questions. Case Study - Instructions •You work as a novice lawyer in a prominent law firm. You have your first client coming for an interview and your supervisor is going to assess your performance during the interview. •Do your best! Good luck! • Case study 1 •Theft In a Hotel Room p.13 •Groups of three • - lawyer • - his/her supervisor • - client Hacker Claims He Can Open A Keycard Hotel Room Door In Seconds http://grandpapir.cz/administrace/tn/big_92-fialova-1026.jpg http://www.murumuru.sk/image/cache/data/oranzova%20farba-500x500.png •When you finish, the supervisor gives the lawyer feedback. • •Be diplomatic and friendly! •Feedback is not only listing the mistakes. • Case study 2 •Missing Tablet in a Hotel Lobby p.14 •Supervisor -> Client •Lawyer -> Supervisor •Client -> Lawyer • http://thumb7.shutterstock.com/display_pic_with_logo/5479/117002791/stock-photo-a-thief-stealing-a- tablet-computer-piracy-concept-117002791.jpg http://grandpapir.cz/administrace/tn/big_92-fialova-1026.jpg http://www.murumuru.sk/image/cache/data/oranzova%20farba-500x500.png A tort, in common law jurisdictions, is a civil wrong which 1. _______ causes someone else to suffer 2. _______ or harm resulting in legal liability for the person who commits the 3. _______ act, called a tortfeasor. Tort is a 4. _______ of some duty clearly set by law, not by a 5. _______ agreement between two parties, as in breach of contract. When such a duty is breached, the injured party has the right to institute suit for 6. _____________ damages. Torts may be 7. ___________ in several ways, with a particularly common 8. _______ between negligent and intentional torts. Intentional torts include, among others, certain torts 9. _______ from the occupation or use of land. The tort of nuisance, for example, involves strict liability for a neighbor who interferes with another's 10. ___________ of his real property. Trespass allows owners to sue for 11. __________ by a person on their land. Several intentional torts do not involve land. Examples include false imprisonment - the tort of 12. __________ arresting or detaining someone, and libel, where a 13. ___________ statement is published and damages the plaintiff's reputation. 1.FAIR 2.LOSE 3.TORT 4. VIOLATE 5. SPECIFY 6. COMPENSATE 7. CATEGORY 8. DIVIDE 9. ARISE 10. ENJOY 11. ENTER 12. LAW 13. DEFAME unfairly loss tortious violation specific compensatory categorized division arising enjoyment entrances unlawfully defamatory