RMIT Classification: Trusted

Assessment 2: Fact Scenario for MOA

To: Junior Associate

From: C.Thiesen@BusinessLegal.au
Subject: New Client

Dear New Associate,

I have been meaning to send you an email welcoming you to the firm for the past two
weeks but I have been distracted by a very important construction case that urgently
requires my full attention.
It would therefore be great if you could help out with a new negligence matter. You will
need to set up a new file and if you could please provide me with a memorandum of
advice (‘MOA’), that would be excellent. If you have any questions, you can address
these to one of our paralegals.

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I have conducted the initial client meeting and to help you out, I have recorded it in

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video format that is available here: https://www.youtube.com/watch?
app=desktop&v=lGLYe4IdKMo&feature=youtu.be

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As I know you are new to all of this, I have also organized for a paralegal to run it
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through our new voice to text system so the interview has been converted to text (see
the below script). The paralegal has also highlighted in yellow some additional
information (that is not in the video). I ask that you view the video, read the script
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carefully and provide me with a memorandum of advice in which you must advise the
client as to whether he has a case in negligence against his employer. This is due in
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my office by 23 April at 12 noon as I need to prepare a letter of advice to the client and
possibly brief a barrister. However, due to my busy schedule, please do not write more
than 1,000 words. If you go beyond this limit, I simply will not have time to read it. I
need it to be on point and anything irrelevant should be left out.
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In your memo, you must discuss all relevant law and cases to back up your advice as
to the client’s likely success in this action. My paralegal has a template that has
previously been shared with you which I highly recommend that you use.
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The script is below.

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Kind Regards,

Carina Thiesen (LLB, LLM)

Senior Partner

Business Legal Pty Ltd

1 Maddison Ct Melbourne, VIC 3000 Australia
E: C.Thiesen@BusinessLegal.au
T: +61 40 8844 2211

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 RMIT Classification: Trusted

Assessment 2: Fact Scenario for MOA

Script: Client interview Conducted March 2021

Lawyer: Hello. Please come in. Take a seat and make yourself comfortable. Can I get
you anything to drink – a tea, coffee?

Client: Thank you I am fine for now. [The client has her right arm in a cast and sling.
She is also using crutches.

Lawyer: Well, I see you have been involved in a mishap. I presume that is why you
have come to see us.

Client: Yes. It happened last week and I had to go to hospital for treatment.

Lawyer: Just before we begin, I need to get your name, address and contact number.

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Client: Rene Redfern. 555 Oak Street, Green Valley. Mobile 0999 345 435.

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Lawyer: Thank you for that. Now, Tell me what happened. I’ll only interrupt to clarify, if

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necessary. OK? rs e
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Client: Yes, of course.

Lawyer: Well, let’s start at the beginning – and I’ll take notes as we go along.
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Client: Well, I work at a local fruit shop called “Fresh is Best” and part of my job is to
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take boxes and crates filled with vegetables off the delivery truck and to put them
outside a storage room.
My employer, Jack, who is the sole proprietor of the fruit shop, also provides special
shoes for all employees and we are required to put them on because they have special
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soles which prevent slipping. Sometimes there are leaves and peels which cover the
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ground where we work and from time to time, the owner hoses them down to protect
the workers while they carry the crates from the truck to the storage room.
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Lawyer: and you slipped during the process?

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Client: Well, it wasn’t as simple as that. You see, on that day – and I don’t know why –
but the crates had been overloaded. They contained more than the usual weight
prescribed for them. I didn’t know this. I was also running late. I didn’t have time to
change shoes and kept my own shoes on. I was going to change into the ones we
needed to wear on our coffee break.
Anyway, I picked up one of the crates and that’s when I noticed that it was heavier than
usual. It nearly slipped out of my hands but I managed to keep a hold of it by letting my
right arm take the weight to avoid the crate falling. My right arm was hit by a sharp
corner of the crate a number of times as I tried to balance the crate to stop it from
falling. I felt a sharp pain in my right arm but I didn’t think any more of it and carried the
crate towards the storage room area.

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 RMIT Classification: Trusted

Assessment 2: Fact Scenario for MOA

It was only after I was taken to hospital after the fall in the storage room that I was told
I had broken my arm in a few places.

Lawyer: Did you have to take the crates into the storage room?

Client: Well, that’s where it gets a little sticky.

Lawyer: What do you mean?

Client: Well, there was a notice to one side of the roller door which said:
Workers: ‘Leave crates outside storage room. Do not enter’. And the owner had
mentioned that he wanted to do all the stacking of the crates in the storage room.

Lawyer: And what happened next?

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Client: Well, I thought I was doing my employer a favor – because on that particular

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day, the roller door to the storage room was open. And I thought I would help him out

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by taking the crate I was carrying into the storage room. I didn’t notice that some

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vegetable leaves had fallen on the ground in the storage room and as I entered, I

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slipped on the leaves. I dropped the crate I was carrying and stumbled over it. The
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strange thing about it is that the storage room floor is always clean. Never saw any
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leaves or peels on the floor – ever – all the time I have worked there – except for that
day.
My right leg took a hit from the heavy crate which fell on my leg and broke it. I called
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the ambulance with my mobile phone and later on my mate Jeff heard me and sat with
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me until the ambulance arrived.

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Lawyer: And the prognosis?

Client: I won’t be able to work for six months and I need to attend hospital after the
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casts come off, for rehabilitation.

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I have also been told I will not be able to lift heavy items again and that I will never
have the same strength in either my arm or leg again. Whatever I do, it will have to
involve light duties. That means a substantial fall in wages and I don’t know what to do
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or what I’m entitled to.

There are hospital fees, doctor’s fees, loss of wages and a permanent fall in the
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amount I can earn.

I just don’t know where I stand regarding all this.

Lawyer: That’s why we are here. We have someone in the office who is an expert in
the field and they will be in touch with you soon to advise you of your legal position.
Leave it with us. We will be in touch soon.

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