The King of Torts by John Grisham
Question
1: Ethical Issues
There are several ethical issues revealed in Graham’s
story. They include theft, negligence to consult his employees and clients,
causation, bribery, and insider trading. He also lacked virtue ethics because
he created competition with his previous working environment.
Question
2: How Clay’s Fortune Corrupted His Mind
Clay hesitated to visit families at first but after
considering the 15 million dollars he had, he started his journey. He hardly
continued his excitement for the newfound fortune since he constantly thought
about Vanhorn’s beliefs. As a result, he bought failed company stocks and
hiring the best lawyers in town. Clay not only tainted his reputation but also had lesser money in the
end.
Question
3: The Role of Stock Market
Clay reaped benefits
after buying failed stock. Once he tested the wealth derived from the stock, he
became greedy and wanted more. In an ethical sense, his attainment of wealth
ensured that he could sustain the unethical behavior. On the other hand, his downfall
came after he recklessly spent the resources in legal malpractices. Further,
the FBI’s investigation revealed his unscrupulous behavior, thus resulting in a
crackdown. Notably, Clay’s conscience was clear when he ‘sold short’. He
understood that that selling shorts earned him wealth in settlements. However,
he could not do it more than once because he lacked adequate knowledge on a stock investment. Instead, he guaranteed the
safety of his resources by storing the money in offshore accounts.
4.
How Clay Went Wrong
Clay went wrong immediately after reading articles
about him. Journals and magazines praised him abundantly for his work, hence
making him overconfident. Clay could have prevented his downfall had he bought
the Tequila Watson case. If this was the case, he would not damage his
reputation. The chief cause of his problems was his unending greed for wealth.
Consequently, he lost more money than he made through excessive spending.
5. Mooneyham and Out-of-Court Settlement
Mooneyham was unwilling to settle the case out of
court to avoid the resultant destructions. Besides, he is convinced that
through court trials, he could get more money in settlements. His assumption
was reasonable, especially given that Clay was the only lawyer that prosecuted Maxil.
Therefore, anyone that had Mooneyhamam as a partner had a legal advantage.
6.
Why Jury Found Favor in Goffman
Clay’s legal malpractices ensured jury’s favor of
Goffman. Particularly, Goffman won the case because of punitive damages,
wrongful client settlement and other legal atrocities committed.
7.
Paulette and Rodney’s Loyalty to Clay
Both Rodney and Paulette were loyal to Clay because of
his proposition of a lifetime opportunity. Clay gave them a chance to better
their lives through ill-gotten wealth. In addition, the duo highly regarded
their boss as a leader, given that they formed part of an original group.
8.
Lessons from Court Litigation and Settlements
I have learnt that
settling for a quick court case is an ill-informed decision. Further, greed and
short selling can signal the end of a career as it did in Clay’s case.
9.
Member of the Class Action
Often all the members of a class action fair equally
because each would have common factual and legal issues. After all, it is
impractical for each person to launch a separate claim.
10.
A Lesson from ‘Air-Tight’ Contracts
Air-tight
contracts can be beneficial or helpless. For instance, there is no room for
error because all loopholes are sealed. Therefore, the process will be smoother
and uncharacterized by court fights. Contrastingly, in the case where one party
is a plaintiff, it will be extremely hard for the court to cancel the contract unless there was no meeting of minds.
Still, the defendant will benefit from lawsuit protection.
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