[Marta1945]

I have an employee who wrote a motion to dismiss for a client. The employee has no legal background. The client went to court and submitted the motion to dismissed prepared by my employee; the motion was denied by the Judge. Is my company liable should the client decide to sue. The client represented herself in the case.

[JudyKayTee]

What type of business do you run? Why is your employee writing a motion to dismiss for a client? Is your employee an Attorney or a non-Attorney?

What State? If you are in a State where a non-Attorney cannot give legal advice (and this very well may be considered giving legal advice) you could very well be sued and the Plaintiff could very well collect.

If an Attorney gave incorrect advice, then your malpractice/liability insurance would cover any charges/claims.

[AK lawyer]

I have an employee who wrote a motion to dismiss for a client. The employee has no legal background. The client went to court and submitted the motion to dismissed prepared by my employee; the motion was denied by the Judge. Is my company liable should the client decide to sue. The client represented herself in the case.

The "client" is your company's client? Was your company paid by the client for the preparation of this motion?

It is difficult to see exactly what the damage would be. If a motion to dismiss was denied, it might be because the case didn't warrant dismissal, and in any event the case is not lost; another motion can be filed. Just be sure your client gets a real attorney next time.

[JudyKayTee]

The "client" is your company's client? Was your company paid by the client for the preparation of this motion?

It is difficult to see exactly what the damage would be. If a motion to dismiss was denied, it might be because the case didn't warrant dismissal, and in any event the case is not lost; another motion can be filed. Just be sure your client gets a real attorney next time.

So you see no liability on the part of the company or employee?

[AK lawyer]

So you see no liability on the part of the company or employee?

If the client was damaged by the conduct of the employee, and if the company authorized or assented to, or profited by, the conduct of the employee, there very well could be liability. But I have yet to see that such factors exist. Writing a motion that is denied by a court of law is not, ipso facto, damage.

I'm still waiting to see what kind of a firm the company is, but clearly if the company expected to be paid for this motion, it has engaged in the unauthorized practice of law (unless it is a law firm), which may weigh against it, should it come to that.