Kip is a paralegal for Lauren, an attorney who practices general business law and litigation. Lauren had a longtime client who sold his successful manufacturing business and retired to his ranch in a rural part of the state. Neither Lauren nor Kip have heard from the client for some time. One day, the client calls the office when Lauren is out of the office. The client explains to Kip that he has received a copy of a default judgment against him and a notice of judicial foreclosure on the ranch. He continues to explain that he is seriously ill with cancer and has needed extensive medical treatment. He then states that he does not remember being served with a lawsuit, and asks Kip what can be done. Of the options listed below, what is Kip’s best approach to answering the client’s question?
Explanation
Answer: B - Tell the client that he will inform Lauren of the call, and state that a motion to set aside the judgment may be possible. In this question, the test-taker must understand that judgments, including default judgments, can be set aside (see, e.g., Fed.R.Civ.P Rule 60) and that the client may have some options. Answer A is not the best approach because it may be possible to set aside the judgment. Answer C is not the best approach because a plaintiff has no obligation to consider a defendant’s medical condition. Answer D is not the best approach because nothing in the question suggests an immediate need to contact the plaintiff’s attorney. Answer B is left as the best approach of the options given. It attempts to involve Lauren as soon as possible and advises the client that an option may be available, but does not promise the judgment can be set aside.
