Lawyer Ann Adams and paralegal Ben Burns have been hired by client Carl Carlson to sue a grocer store where Carl, who is 85, fell down when he slipped in a puddle of water in the produce aisle. Ann delegates the task of preparing the complaint to Ben. Ben misscalendars the date that the complaint must be filed and the statute of limitations passes. a. What are Carl’s remedies?
b. Can he name Ben as a defendant if he brings a lawsuit?
c. What kind of lawsuit can he bring?
d. What will happen if he reports the matter to the proper disciplinary authorities?
e. Is the failure to file a complaint on time an ethical breach?
f. Can Ann and/or Ben be disciplined for this conduct by the state supreme court or another disciplinary authority?
g. What if Ann already has a private reprimand on her record for a similar violation?
h. What if three other clients have reported Ann for failing to return calls and show up for court dates?

Alandowner entered into a written agreement with a real estate broker whereby the broker would receive a commission of 10% of the sale price if he procured a "ready, willing, and able buyer" for the landowner's property and if the sale actually proceeded through closing. the broker found a buyer who agreed in writing to buy the property from the landowner for $100,000, the landowner's asking price. the buyer put up $6,000 as a down payment. the agreement between the landowner and the buyer contained a liquidated damages clause providing that, if the buyer defaulted by failing to tender the balance due of $94,000 at the closing date, damages would be 10% of the purchase price. the landowner included that clause because she was counting on using the proceeds of the sale for a business venture that would likely net her at least $10,000. the buyer became seriously ill and defaulted. when he recovered, he demanded that the landowner return his $6,000, and the landowner refused. the broker also demanded the $6,000 from the landowner and was refused. the broker and the buyer filed separate suits against the landowner, with the buyer pleading impossibility of performance. the two cases are consolidated into a single case. how should the court rule as to the disposition of the $6,000?

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