I have gone through all the files you sent. In the following paragraphs, I shall give my opinion on the facts of your case. I have first given my general overview of the case and incorporated the counts in the Complaint within my opinion herein. 

Was the Agreement Valid?

To determine whether the agreement was valid, I shall first begin by checking whether a contract existed. Generally, an attorney-client relationship exists upon the entering of a contract between the attorney and the client. However, the courts have held that sometimes an implied client relationship exists even without a formal execution of any contract with the attorney. In XXXX, the Supreme Court of Pennsylvania provided a ruling that shed more light on implied client contracts. According to the court, if there is no express contract, an implied attorney/client relationship will be found if the client sought advice or assistance from the attorney; the advice sought was within the attorney’s professional competence; the attorney expressly or impliedly agreed to render such assistance; and it was reasonable for the client to believe the attorney was representing him. However, the court held that such an implied contract would not be enforceable until the parties made a fee arrangement and discussed the case’s legal aspects. So, in your case, there was a contract between you and the defendants. The contract was entered when you appended your signature on the agreement presented by the defendants.

Next, I will look at whether the contract was valid. To do this, I will first consider the nature of an attorney/client relationship and probe whether your relationship with the defendants met the requirements of such a relationship (this will help you identify the defendants’ fault(s)). An attorney/client contract exists out of a special relationship between a client and the attorney. This relationship is built on the law of agency and is fiduciary in nature. It follows; attorneys owe a fiduciary duty to their clients. A fiduciary duty is the duty of an agent to treat his principal (in this case, you), with the utmost candor, rectitude, care, loyalty, and good faith–in fact, to treat you as well as the agent would treat himself

In your case, XXXX had a fiduciary duty to act loyally and fairly for your benefit in all matters connected with the agency relationship built from the contract you entered. Further, XXXX owed you a duty of care towards any express and implied terms of the contract you entered. He ought to have acted only within the scope of his actual authority and to comply with any and all lawful instructions from you. Lastly, he should have informed you of all facts material to your relationship with him

From the analysis above, I find that several factors flawed your contract with XXXX and made it invalid. The Paralegal included the factors in the Complaint. I shall proceed to look at them individually. 

  1. Breach of Contract

A breach of contract occurs when a party to the contract fails to fulfill any of their obligations under the agreement. The Paralegal who drafted your Complaint rightly included this count therein. XXXX breached his part of the agreement by assigning another attorney to represent you, in total disregard of Rule 1.4(a) of the Rules of Professional Conduct.  He failed to inform you in prior when he let XXXX to enter appearance. Further, he failed to inform you in detail how he would handle your case. 

  1. Breach of Implied Contract of Good Faith and Fair dealing

I agree with the Paralegal’s inclusion of this count in the Complaint. I will not comment much about it because it is well covered in clarity in the Complaint.

  1. Misrepresentation

There are three types of misrepresentation: intentional, negligent, and innocent misrepresentation. The ones that apply to your case are only intentional and negligent misrepresentation. The Paralegal included reckless misrepresentation in count 4, which I fault- I shall therefore remove it from the Complaint.

  • Violation of the Pennsylvania Unfair Trade Practices Act

I agree with the Paralegal’s inclusion of this count in the Complaint. I will not comment much about it because it is well covered in clarity in the Complaint.

In conclusion, having gone through the facts, case laws, and Statutes in the Complaint, I find no error in it save for the mistake in the inclusion of reckless misrepresentation in count 4. Your case has a high likelihood of success. 




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