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Memo Draft I

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Submitted By cjmani
Words 1561
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ISSUE: Sheila Thompson consulted an attorney friend, Jonas Sheldon, to give legal advice in California regarding a noncompetition clause. Sheldon, a wills and trusts lawyer in Ohio, reluctantly gave incorrect legal advice to Ms. Thompson. Does this correspondence create an attorney-client relationship and violate the Model Rules of Professional Conduct resulting in legal malpractice?

BRIEF ANSWER: Probably yes. The correspondence between Thompson and Sheldon does violate the Model Rules of Professional Conduct. Both parties had established an attorney-client relationship. Sheldon breached his duty of care to Thompson and the proximate cause of damages resulted from Thompson’s reliance on the advice. Thus, Sheldon breached his duty as a legal professional and will likely be held to have committed legal malpractice.

FACTS: Jonas Sheldon, a licensed bar member of Ohio, was vacationing in San Diego when he ran into a friend, Sheila Thompson. Thompson, a graphic designer, approached Sheldon seeking legal advice regarding a noncompetition clause that her previous employer imposed upon her. Thompson’s previous employer was attempting to enforce the clause as she started her own company. Upon Sheldon and Thompson’s rendezvous, Thompson pled with Sheldon for legal advice regarding the enforceability of the clause. Although first informing Thompson of his inability to practice law in California, since he was not licensed there, Sheldon agreed to “look into it” for Thompson. Sheldon was not approved by California Courts to counsel pro hac vice and did not have malpractice insurance. Sheldon conducted research and informed Thompson that the clause was valid under Ohio law, thus likely valid under Californian law. Thompson, abiding by Sheldon’s advice, later contacted Sheldon of her intent to sue since the noncompete clause is invalid in California.

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