It has been six months since Attorney Blanchard asked you to conduct some research (for the daughter of one of the firm’s VIP clients) regarding the laws and regulations that apply to massage therapists in your home state. Since that time, the client’s daughter, Alexis Smoothie, has now become a client herself. Her new business, Smoothies for All, LLC, has gotten off to a rocky start. In fact, just a few days after she opened her spa, one of her first customers slipped on the wet floor, fell on her face, and broke her nose in two places.
The customer, Mrs. I. M. Fancy, has now sued Smoothies for All as well as Alexis individually for negligence. Alexis has hired the firm to represent her; and she also seeks legal advice as to whether Mrs. Fancy will be successful in her lawsuit.
According to Alexis, the area of the floor where Mrs. Fancy slipped was cordoned off with two bright yellow Caution – Wet Floor markers. Alexis also insists that Mrs. Fancy knew the floor was wet because she made a comment about how unprofessional and ugly the caution markers were just a few minutes before she fell. She was also wearing three-inch stiletto heels at the time.
Because of your quality research on the legal requirements for massage therapists, Attorney Blanchard has asked you work on this new matter. Specifically, she anticipates that you will research the law as it applies the Smoothies for All scenario.
However, before you conduct any research, Attorney Blanchard has asked that you prepare a research plan that she will then review with Alexis to discuss.
For this week’s assignment, please prepare a research plan that includes the following items:
1. A list of factual and legal terms that you anticipate using as search terms.
2. A list of legal issues that must be addressed through your research.
3. Any further information you anticipate we may need to clarify.
4. A list of three primary sources of law you intend to research (from the state you chose!!!)
5. A list of at least two secondary sources of law you intend to research.
6. Your best estimation on the number of hours you believe your research will take.