Review the fact pattern below and prepare a memo of no less than 2 but no more than five pages to your supervising attorney outlining:
- The relevant facts
- All possible tort liability against the client and defenses to the tort claims
- All possible tort claims the client may have against other parties and any defenses against the client’s tort claims
Bob’s Brawl at the Bar
Bob is the college-aged son of one of the firm’s most important clients and is constantly getting into trouble. Of course, dad taps the firm to try to get his son out of trouble. This time is no different. Your supervising attorney has asked you to do the intake and report back to him. You are told that the firm is already going to farm out any criminal representation to a criminal defense firm, so you only have to concern yourself with issues of civil liability.
Bob and his friend Charlie went out to their favorite bar this past Friday night. After about an hour of drinking, they spotted a couple of ladies and decided to give it a shot and were immediately shot down. Bob, ever the optimist, decided to make one more attempt. On his second attempt, the young woman’s boyfriend, Zack, had returned from the restroom. Zack had been drinking pretty heavily himself and told Bob to back off in a less than polite manner. Bob responded by shoving Zack, which resulted in Zack bumping his girlfriend causing her drink to spill over her clothing. Zack is now really mad and calls Bob a few choice names. Bob responds by throwing a punch that misses Zack.
Zack’s now concerned and backs off. He also tells Bob to leave. Bob continues to approach so Zack throws a punch of his own, which lands. Bob counters with another punch and this time makes contact. Zack has had enough and pulls out a knife and tells Bob to leave. Bob grabs a bottle of whisky that was on the bar and breaks it to create a weapon and advances towards Zack. The bar’s bouncer arrived just before things got ugly and grabbed Bob from behind. Bob drops the bottle and is taken to a backroom. The bouncer tells Bob he’s to stay in the room until everything is sorted. Bob tells the bouncer what he can do with himself and spits him the face. The bouncer wipes the spit off his face, shakes his head. He tells Bob he’s calling the police, leaves the room and locks the door.
Bob doesn’t want to deal with cops or have to call his dad from jail. He looks around and sees a window he thinks is big enough to let him get outside. Unfortunately, there’s no way to open it. But that doesn’t stop Bob. He takes a chair and breaks the window and climbs out. He runs through the parking lot looking for Charlie’s car and spots it. Fortunately, he knows that Charlie keeps a spare set of keys in a magnet box under the passenger side rear fender. He grabs the keys and takes the car. He figures the cops may come by his apartment so he opts to go to Charlie’s apartment. Charlie’s obviously not at home, but his apartment key is with the car keys Bob took so Bob let’s himself in. He grabs some leftover pizza from the fridge along with the last beer to have a late night snack before going to bed.
Charlie wasn’t too happy about Bob taking his car and stranding him. He’s particularly ticked to see Bob sleeping in his bed when the police drop him off. Charlie kicks Bob out of his apartment and Bob staggers to his own apartment in the same complex.
Bob tells you that he needs the firm to defend him against any coming litigation and wants to sue Zack, the bar and bouncer if they decide to sue him. He’s also a bit worried about Charlie who still hasn’t gotten over the night’s indiscretions.