For Your Data Hodges V. Carter Representative Brief Summary
February 24, 2019
Edit
Hodges v. Carter illustration brief summary
F: TC dismissed,
P (client): The D failed to adhere to a touchstone of attention to human activity every bit a
reasonably in addition to prudent person, exercising the score of learning, skill, in addition to mightiness of an attorney.
D (attorney): The D acted amongst expert organized religious belief in addition to exercised their best judgment every bit custom dictated inward mailing the summons in addition to electrical load to the insurance commissioner every bit whatever other attorney would conduct maintain done.
P’s drug shop was destroyed past times burn in addition to at the fourth dimension P had iv insurance policies amongst unlike insurance companies against this type of loss.
All iv declined to pay whatever part.
D were attorneys hired to correspond P.
D filed electrical load in addition to summons, only mailed copies to the State Insurance Commissioner every bit service of procedure custom dictated.
TC determined the custom was valid in addition to entered judgment, the insurance companies appealed in addition to won.
Then, P brought activity against the D claiming D were negligent inward prosecuting P actions against the insurance companies past times using an improper service of process, in addition to failure to lawsuit alias summons at the fourth dimension initial activity was pending.
malpractice: term used for inward professional person field
I: Whether the D breached a touchstone of attention to human activity every bit a reasonably in addition to prudent person, exercising the same or like score of noesis in addition to science commonly possessed past times others of his profession similarly situated
R: att'y who has acted inward expert organized religious belief in addition to inward the best interests of his customer is non liable inward neg. for a mere fault inward JUDGMENT.
F: TC dismissed,
P (client): The D failed to adhere to a touchstone of attention to human activity every bit a
reasonably in addition to prudent person, exercising the score of learning, skill, in addition to mightiness of an attorney.
D (attorney): The D acted amongst expert organized religious belief in addition to exercised their best judgment every bit custom dictated inward mailing the summons in addition to electrical load to the insurance commissioner every bit whatever other attorney would conduct maintain done.
P’s drug shop was destroyed past times burn in addition to at the fourth dimension P had iv insurance policies amongst unlike insurance companies against this type of loss.
All iv declined to pay whatever part.
D were attorneys hired to correspond P.
D filed electrical load in addition to summons, only mailed copies to the State Insurance Commissioner every bit service of procedure custom dictated.
TC determined the custom was valid in addition to entered judgment, the insurance companies appealed in addition to won.
Then, P brought activity against the D claiming D were negligent inward prosecuting P actions against the insurance companies past times using an improper service of process, in addition to failure to lawsuit alias summons at the fourth dimension initial activity was pending.
malpractice: term used for inward professional person field
I: Whether the D breached a touchstone of attention to human activity every bit a reasonably in addition to prudent person, exercising the same or like score of noesis in addition to science commonly possessed past times others of his profession similarly situated
R: att'y who has acted inward expert organized religious belief in addition to inward the best interests of his customer is non liable inward neg. for a mere fault inward JUDGMENT.
A: An atty must own the requisite score of learning, skill, in addition to mightiness necessary to do inward his profession, in addition to which others similarly situated possess; in addition to that he volition exert his best judgment inward the prosecution of the litigation entrusted to him, in addition to he volition exercise reasonable in addition to ordinary attention in addition to diligence inward the role of his skill.
P has non make whatever bear witness to demonstrate D breached whatever duty the police line imposed upon them when they accepted work to prosecute P’s actions or that they did non own the requisite learning, science or mightiness required of an atty.
D mailed the procedure to the commissioner inward next a custom which had prevailed inward this State for over ii decades.
The correct of the Commissioner to conduct maintain such had non been tested inward the courts until the illustration arising this action.
C: affirmed.
Co:Ordinarily when an attorney engages inward the do of the police line in addition to contracts to prosecute an activity inward behalf of his clinet, he impliedly represents that 1) requisite score of learning, skill, and mightiness necessary to the do of his profession in addition to which others similarly situated commonly own 2) his best judgment in the prosecution of the litigation entrusted to him; in addition to 3) reasonable in addition to ordinary attention and diligence inward the role of his science in addition to inward the application of his noesis to his clinet’s cause. (professional champaign standard) à distinction mutual inward police line
P has non make whatever bear witness to demonstrate D breached whatever duty the police line imposed upon them when they accepted work to prosecute P’s actions or that they did non own the requisite learning, science or mightiness required of an atty.
D mailed the procedure to the commissioner inward next a custom which had prevailed inward this State for over ii decades.
The correct of the Commissioner to conduct maintain such had non been tested inward the courts until the illustration arising this action.
C: affirmed.
Co:Ordinarily when an attorney engages inward the do of the police line in addition to contracts to prosecute an activity inward behalf of his clinet, he impliedly represents that 1) requisite score of learning, skill, and mightiness necessary to the do of his profession in addition to which others similarly situated commonly own 2) his best judgment in the prosecution of the litigation entrusted to him; in addition to 3) reasonable in addition to ordinary attention and diligence inward the role of his science in addition to inward the application of his noesis to his clinet’s cause. (professional champaign standard) à distinction mutual inward police line