1. Ethical Issues
Parking Bonanzas Pty Ltd has come to my practice and would like to enter into a retainer exclusively with my practice in the next few years to claim the damages to the drivers who did not display a ticket in the private car parks. The Parking Bonanzas Pty Ltd clarifies to me that those money are not “fines”, they are “liquidated damages”. The “liquidated damages” are look like a fine but the wording on the document describes as a “claim for damages”. The company believes the majority of the defendant will not appear in court and then the judgment entered for Parking Bonanzas. The company asks me to show up in court whenever a person who refuses to pay the claim. If the defendant does appear, I would advice he or she that the company will forgive …show more content…
Counsel the company in strong terms about the consequences of avoiding the scrutinizing of the tactic by court and convince the company to give clear indication to drivers on the parking fees and rules. Additionally, I will represent the company in the future about any dispute on those fees and rules that the company clearly stated and notice to the divers.
3). Refuse to accept the offer and terminate the retainer as well as advice the company to another practice.
4). Terminate the retainer and represent the drives that are asked for the “liquidated damages” by Parking Bonanzas Pty Ltd.
First of all, I reject option 4 because I have a duty to preserve the confidentiality of a client’s affairs , therefore I cannot represent for those drivers because I must not use information obtained from my former client.
Secondly, I refuse to take option 3 due to it cannot solve this ethical issue, but simply pass the conundrum onto someone else.
Thirdly, “our first duty is to uphold the law and the administration of justice” , therefore I cannot mislead the Court whilst observing my duties to Parking Bonanzas Pty Ltd and I need to withdraw from representing the company when it deliberately misleads the Court
Parking Bonanzas Pty Ltd has come to my practice and would like to enter into a retainer exclusively with my practice in the next few years to claim the damages to the drivers who did not display a ticket in the private car parks. The Parking Bonanzas Pty Ltd clarifies to me that those money are not “fines”, they are “liquidated damages”. The “liquidated damages” are look like a fine but the wording on the document describes as a “claim for damages”. The company believes the majority of the defendant will not appear in court and then the judgment entered for Parking Bonanzas. The company asks me to show up in court whenever a person who refuses to pay the claim. If the defendant does appear, I would advice he or she that the company will forgive …show more content…
Counsel the company in strong terms about the consequences of avoiding the scrutinizing of the tactic by court and convince the company to give clear indication to drivers on the parking fees and rules. Additionally, I will represent the company in the future about any dispute on those fees and rules that the company clearly stated and notice to the divers.
3). Refuse to accept the offer and terminate the retainer as well as advice the company to another practice.
4). Terminate the retainer and represent the drives that are asked for the “liquidated damages” by Parking Bonanzas Pty Ltd.
First of all, I reject option 4 because I have a duty to preserve the confidentiality of a client’s affairs , therefore I cannot represent for those drivers because I must not use information obtained from my former client.
Secondly, I refuse to take option 3 due to it cannot solve this ethical issue, but simply pass the conundrum onto someone else.
Thirdly, “our first duty is to uphold the law and the administration of justice” , therefore I cannot mislead the Court whilst observing my duties to Parking Bonanzas Pty Ltd and I need to withdraw from representing the company when it deliberately misleads the Court