CA Bar Exam 練習答案: Agency & Partnership (Feb 2010)

Bar Review Course作成のEssay答案は完璧すぎ＆長すぎて参考にならないという方向けに、過去に書きためた答案を公開していきます。公開するのは、私が実際に1時間計って解いた答案を、ギリギリ合格ラインまたは合格ライン少し上になるように手直ししたものです。手直しにあたっては某Bar Review Courseの採点表を参照していますが、あくまで自己採点なのでその点はご承知おき下さい。

今回はFeb 2010のQ2, Agency and Partnership です。非MBE科目はなかなか手が回らないですが、過去問演習を通して論点の理解を深めていただければと思います。

問題文

Feb 2010 Question 2
https://nwculaw.edu/pdf/bar/February%202010%20Essays%20and%20Sample%20Answers.pdf

Able, Baker, and Charlie are successful attorneys who set up a law firm under the name ―ABC Legal Services LLP‖ (―ABC LLP‖). They agreed to share profits and losses equally. Able prepared the documents required to register the firm as a limited liability partnership and instructed his assistant to file them with the Secretary of State. Inadvertently and unbeknownst to Able, Baker, and Charlie, Able’s assistant never filed the appropriate documents.

Able, Baker, and Charlie leased office space for four attorneys in the name of ABC LLP. They rented the extra office to David, an attorney who had a small solo law practice, for a monthly rent of the greater of $1100 or 10% of his billings. David committed malpractice arising from a case that he undertook soon after he moved into the ABC LLP office space.

Able, Baker, and Charlie hired Jack as head of computer services. Jack had just graduated from college with a degree in computer science. Jack, in an effort to save ABC LLP the cost of Internet access budgeted at $500 a month, accessed and used the wireless network of an adjacent law firm for free. Able, Baker, and Charlie were surprised at the savings, but did not inquire how it came about. Their use of the network resulted in the disclosure to a third party of confidential client information for one of
Able’s clients, which caused the client economic loss.

1. May Able, Baker, and Charlie each be held personally liable for the economic loss to Able’s client caused by the disclosure of confidential client information? Discuss.
2. May Able, Baker, and Charlie each be held personally liable for David’s
malpractice? Discuss.
3. Have Able, Baker, and Charlie breached any rules of professional conduct? Discuss. Answer this question according to California and ABA authorities.

答案

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