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Your attorney, Dewey Cheatham, has dropped the ball. You went to retain him on a personal injury claim because you slipped and fell in a grocery store called Chadwick's, breaking your arm. You didn't see a wet floor and it wasn't marked in any way. You have been in Cheatham's office for an initial interview with his paralegal, when she told you that he would represent you and offered a contingency fee of 40%. You asked if he could do 35% if the case settled, and she agreed. Cheatham knew the date the incident happened, but when he saw that you had been injured at Chadwick's, misunderstood the situation. Because he didn't read the paralegal's notes, he assumed that you were the victim of medical malpractice by Dr. Sven Chadwick--a surgeon renowned for his terrible diagnostics (Cheatham is suing him on behalf of 11 other clients). The statute of limitations for medical malpractice in your state is three years. For personal injury, like in a slip and fall, it's two years. Cheatham didn't know this, and let the statute lapse.
1. What is the basis for your bar complaint against Cheatham? What Indiana ethics rules did he break, and how did he break them?

2. What is the basis for your negligence claim against Cheatham, how would you prove your case, and how would you assess your damages?

3. What sanction, if any, should the bar give to Cheatham.

Cite all ethical rules you are able to in a well written paper answering all of the questions.



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