Becker and poliakoff law firm

Case Analysis : Yong V. Becker & Poliakoff

Running head: WEEK 3 JACQUELYN N. YOUNG V. BECKER & POLIAKOFF, 1

Parties

Jacquelyn N. Young v. Becker & Poliakoff, P.A.

Facts

“Yong hired the Becker & Poliakoff law firm to represent her in her federal employment discrimination lawsuit against her employer, Bellsouth. The firm associate attached the wrong EEOC right to sue letter” (Florida District Court of Appeals, 2011, para. 2). The firm failed to file the appropriate letter with the EEOC in the time frame need. In the complaint, the firm also didn’t notify their client about the outcome for a very unreasonable amount of time. There is also an allegation of the firm having a conflict of interest. Unknown to Ms. Young who hired the defendants to represent her. The defendants were handling a similar case against her former employer and they failed to inform her of that. The jury determined that the defendants failed to inform the plaintiff of the dismissal in order to recover their fees.

Procedure

The jury awarded the plaintiff in just under $5 million in compensatory and punitive damages. However, “the trial court remitted them to $2 million, finding that the amount was not supported by evidence that the law firm had enough financial resources to support such a verdict without facing bankruptcy” (Kubasek, Brennan, & Browne, 2017, p. 303). The client rejected the new trial order and appealed, and the law firm cross-appealed.

Issue

The question is an attorney’s fiduciary duty. In this case, the question is did the firm’s associate breach their contract with Young when she wasn’t notified that her case was dismissed in a timely manner.

Holding

The testimony of a defense’s witness stating the amount would not in excess “The District Court of Appeal of Florida, Fourth District, held that the record supported the trial court’s finding that the punitive damage award was in an amount that would cause the firm to have to declare bankruptcy” (Kubasek et al., 2017, p. 303).

Reasoning

This decision underscores the dangers and consequences of a law firm’s failure to properly supervise associates’ work and the failure to timely and fully disclose to clients all material facts concerning the representation .

References

Florida Distict Court of Appeals. (2011). Jacquelyn N. Young v. Becker & Poliakoff, P.A. Retrieved from https://caselaw.findlaw.com/fl-district-court-of-appeal/1589213.html

Kubasek, N., Brennan, B. A., & Browne, N. M. (2017). The Legal Environment of Business: A Critical Thinking Approach (8th ed.). Retrieved from https://online.vitalsource.com/#/books/9781323829264/cfi/6/4!/4/2/2/2@0:0