Homework answers / question archive / Fact Pattern You just ran into an old friend (Aiyana) from Sierra College who is running her own business and after asking how she is doing, she tells you in a worried voice what is going on: After graduating she started a bookkeeping business and eventually got her CPA and started doing work as a Fiduciary

Fact Pattern You just ran into an old friend (Aiyana) from Sierra College who is running her own business and after asking how she is doing, she tells you in a worried voice what is going on: After graduating she started a bookkeeping business and eventually got her CPA and started doing work as a Fiduciary

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Fact Pattern

You just ran into an old friend (Aiyana) from Sierra College who is running her own business and after asking how she is doing, she tells you in a worried voice what is going on:

After graduating she started a bookkeeping business and eventually got her CPA and started doing work as a Fiduciary. The Fiduciary business involves acting as a professional “agent” as defined under a written agreement (like an engagement contract) &/or other “agency” documents (like a power of attorney or a Trust). She now has 2 employees that work under her specifically as case workers. As Case Workers, they are assigned to do specified tasks for clients. These clients would be principals for Aiyana’s business, and who may or may not currently have legal competency (assume all agreements between a client and Aiyana’s business are valid and enforceable). Ayiana operates under individually under a “DBA”.

A couple of months ago, one of her case workers was driving to do a health and needs assessment check on one of her clients (Mrs. Sickle) at the client’s home/house (owned free and clear) and deliver a payment to the client’s daytime caretaker (an independent contractor named Ensien). On the way to the home, the Case Worker (Claude) stopped to grab some lunch from a drive through. On his way out of the Fast Food Drive Way, his car was hit in the side from oncoming traffic with a lot of damage to both vehicles. The other vehicle was driven by someone by the name of Pepe. Notwithstanding, Claude was able to drive away from the incident after exchanging some information and informing Pepe that he needed to get back to work and was running late. Once at the client’s house, he was still flustered and “off” after the accident, delivered the check to the Ensien and left without any word to the client directly or stepping inside the house. About a week later, Claude quit his job and Ayiana’s was notified that Mrs. Sickle would no longer be using the firm.

Ayiana only provided financial management services under a written engagement contract and a power of attorney for finances and asset management for Mrs. Sickle. As a matter of practice (and not necessarily in the contract), Ayiana has her case workers make quarterly visits to her client to ensure that allocated monies are being spent appropriately and to assess and anticipate financial needs of the client. Part of Ayiana’s online advertising states that home visits also enable her case workers to look and assess “issues to ensure the safety and care of the client”.

This week, Ayiana got several attorney letters:

• Letter of Demand on Behalf of Pepe demanding that Ayiana pay for personal injuries, including the lost vision in one eye from a detached retina, and property damage to his car.
• Letter of Demand on Behalf of Claude demanding that Ayiana pay for damages to his vehicle while he was “on the job” and desire to make a worker’s compensation claim relating to migraines he now claims to suffer from.
• Letter of Demand from the heirs of Mrs. Sickle and Mrs. Sickle’s estate. Apparently, she died about one month later due to neglect and abuse. It was alleged that Ayiana’s firm did not report or discover the neglect during “customary home and health inspections”. The demand includes damages for wrongful death, negligence and the emotional distress of the heirs.

After hearing the story, you start to think about you own business. You do not have any employees but you have 2 partners per a written general partnership agreement in a “limousine and delivery” business where each of you act as drivers. You have a small fleet of 6 vehicles (4 passenger and 2 cargo, each titled to all three partners) and each act as a driver for a variety of purposes, including but not limited to direct hires for events, shuttling passengers and cargo, etc. The business will often hire “day labor” and pay them as independent contractors when muscle is need for cargo and related moving. It has been informally agreed between the partners that any partner can use any vehicle for personal use as long as it has not been booked by a paying client at least 24 hours ahead of the proposed use. It is also informally agreed between the partners that an unused vehicle can be used and booked with either Lyft or Uber; however, all revenues will be paid to the Partnership and then half of the net profits from those uses will be paid to the partner that acts as a driver.

Instructions:

After considering the above facts and anticipating any missing facts, consider and respond to each of the following:

• Provide a list of 10 questions or pieces of evidence you want answered or located ... and why this is important to your analysis. (20 pts)
• Analyze the viability of the “potential” claims against Ayiana. This includes to whom she may viability or unviability of each of the demand letters and anticipate potential causes of action and practical issues that may exist as far as evidence and witnesses are concerned. It is appropriate to consider “what if” scenarios as part of this discussion (90 points)
• Analyze the Legal Business Structure of both Ayiana’s business and yours. Compare the similarities and benefits of similar or dissimilar business structures and business practices for each business. Suggest improvements that can be made and advocate for a list of suggestions for each business. Justify your response by references to relevant facts and reasonably extensions of those facts (state your assumptions). (90 points)

Deliverables:

Provide a college level Analysis and Paper responding to each of the considerations above. The final paper shall be provided as a file upload in either a PDF or DOC format. Font should not be less than 11 pts, 1.5 to double spaced and should not exceed 10 pages total.