tag:blogger.com,1999:blog-5896985811186147862.post1708226421784215206..comments2024-03-21T07:17:03.090-07:00Comments on Northern District of California Blog: July 2011 California Bar Exam Question 4: Your friends are my friends?Anonymoushttp://www.blogger.com/profile/09585421994512467032noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-5896985811186147862.post-50467181333667536572011-11-16T14:34:15.818-08:002011-11-16T14:34:15.818-08:00I think that you are right in needing an inference...I think that you are right in needing an inference to approach the question. However, I don't know why you believe Austin's "litigation experience was very limited." Nothing in the question indicates one way or the other.<br /><br />The inference would have to be whether Health Insurance Companies are regularly involved in class actions. If they are not, then you could argue that this would be a new kind of case and Austin would have to associate or complete research to become competent. Here, it seems that this research was effective since Bertha was trying to get Austin to forfeit the defense which would be unlikely if the defense were frivolous.<br /><br />I can see enough facts with the inference to raise the issue.Anonymoushttps://www.blogger.com/profile/09585421994512467032noreply@blogger.comtag:blogger.com,1999:blog-5896985811186147862.post-28185275411511099852011-11-16T11:43:55.688-08:002011-11-16T11:43:55.688-08:00I just thought the fact that this was a class acti...I just thought the fact that this was a class action made it substantially different than an individual lawsuit. The facts did not say whether the doctor/lawyer had any experience with class actions, but his litigation experience was very limited. As a result, I assumed it was a good idea to discuss the limitation on his experience by discussing the idea of associating a more experienced lawyer, doing research to increase his knowledge or telling the client they should possibly look to hiring a lawyer with more class action experience.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5896985811186147862.post-4382377308393384672011-11-12T10:59:29.509-08:002011-11-12T10:59:29.509-08:00Thank you for the comment. I'm intrigued, cou...Thank you for the comment. I'm intrigued, counselor. Make the argument and apply the law to the facts.<br /><br />In general, on bar exams, I'm for saying competence is always an issue on the PR question. Here, there are not many facts that indicate either attorney was competent or incompetent, so I left it out of the discussion. If you make a good argument in the comments, I'm open to changing my mind.Anonymoushttps://www.blogger.com/profile/09585421994512467032noreply@blogger.comtag:blogger.com,1999:blog-5896985811186147862.post-16485874482162190592011-11-10T20:37:00.625-08:002011-11-10T20:37:00.625-08:00How about competence as an issue? Class actions a...How about competence as an issue? Class actions are complicated work.Anonymousnoreply@blogger.com