GOV-455 Topic 6 Case Study: Breach of Contract Litigation
In preparation for your first meeting with your client, you know the following facts. These facts were disclosed during a screening interview engaged in by your paralegal three days ago.
Mary wants to recover an $11,000 loan she gave to her brother, Tom, almost six years ago. Tom and Mary’s loan agreement was memorialized on a bar napkin, which was entered into while at a family reunion at Bob’s Tavern. The terms of the agreement, which were negotiated before a number of other family members, required Tom to repay the loan to Mary within twelve (12) months of the loan and to pay Mary an additional $500 interest. Tom has failed to repay the loan, despite numerous demands by Mary, and now denies that he received the loan from Mary or that he signed the bar napkin.
Due to the loan to Tom, Mary does not have the funds necessary to pay you for your services. Fortunately for Mary, she was good friends with Tom’s ex-wife Beatrice, who just divorced Tom two (2) weeks and received a lump sum payment from Tom in the divorce. Beatrice is still mad at Tom and has agreed to pay you for your services, and would like to also participate in negotiations and assist with the litigation.
Please discuss the information and issues you should address with your client Mary.
The following should be included in the discussion for breach of contract complaint:
- In Maricopa County, please explain how you would explain to your client the Court that has the proper jurisdiction limits to hear this case and explain why
- In accordance with the Maricopa Local Rules of Civil Procedure regarding mandatory arbitration, Rules 72 et seq. of the Arizona Rules of Civil Procedure and Rule 3.10 of the Local Rules of Superior Court for Maricopa County please explain how you would discuss these Rules with your client and how it applies to this case.
- Please discuss the implication of Arizona Revised Statutes Section 12-341.01 in this action?
- Please discuss how you would explain Arizona’s unique disclosure requirements, as required by Rule 26.1 of Arizona’s Rules of Civil Procedure.
- Please explain the information you would have to obtain from your client to fulfill the requirements of Arizona’s Disclosure Requirements.
- Please discuss the ethical and attorney client privilege issues that will be implicated by Beatrice paying for the litigation and wanting to be involved in discussions with you and Mary.
- Please discuss the applicable statutes of limitation for this case under Arizona .
- Please discuss all facts that you must determine from your client at this meeting to properly prepare this case for deposition, including the non-parties you would want to depose.
References