Mock Simulation Situation Case

Stacey has worked for lawyer Larry for the last five years in his home office. Stacey does
everything for Larry – receptionist, bookkeeper, secretary, paralegal, coffee girl, and sometimes
even taking his laundry to the cleaners. Stacey is smart and very good with people, and
indispensable to Larry’s business. He sometimes took her to networking functions where she
mixed and mingled with potential clients and talked up her boss. Since the economic downturn,
some of Larry’s clients have gone out of business and Larry’s law practice has also suffered.
Larry has told Stacey that if the business does not pick up, he would have to reduce her work
hours. Stacey had taken some online courses in accounting and in her spare time, she has been
studying the books to see how she can make the numbers look better. She inflated some
billings and expensed some of Larry’s personal bills through the firm accounts.
Larry and Stacey began attending more functions to meet new potential clients. Stacey finds
herself drinking and hobnobbing harder than ever before, sometimes staying on at the events
even after Larry has left. One raw, rainy evening just before Christmas, after several drinks,
Stacey found herself one of the last to leave a party at the golf club. As she was getting her
coat, she found herself in the empty cloakroom where Brian, one of the potential clients she
was talking to during the evening, told her that she looked ravishing and offered to help her
with her coat. What transpired afterward would be described as inappropriate touching and
some kissing. Stacey broke loose and ran to her car. Fumbling for her keys, she did not realize
that she had dropped her smartphone in the parking lot. Understandably upset, she drove
away hastily and, coming around a turn too fast down the dark country road, she crashed into
a guardrail and passed out. A few minutes later, Meaghan and her one-year-old son, Sam were
driving to pick up her husband (yes, that same two-timing Brian) from the Christmas party.
Coming around the same turn, Meaghan did not see Stacey’s stalled car and slammed into it.
Sam was not properly secured to his car seat and was seriously injured. In all the turmoil over
the past few weeks, Stacey had forgotten to renew her car insurance.
Meanwhile, Stacey’s smartphone was picked up by Brian. Feeling rebuffed by Stacey, he posted
some personal, confidential, and proprietary information of Larry’s clients from the
smartphone on his website.
IF YOU WERE THE JUDGE, HOW WOULD YOU DECIDE ON THE COMPETING CLAIMS, AND WHY?