Ship Lawyer Ship Accident Lawyer Duties 3 — Questions and Answers
Question 1: A ship accident lawyer representing a longshore worker injured on a dock would typically pursue benefits under:
- The Jones Act
- The Longshore and Harbor Workers' Compensation Act (LHWCA) (Correct answer)
- DOHSA
- State workers' comp only
Correct answer: The Longshore and Harbor Workers' Compensation Act (LHWCA)
Land-based maritime workers like longshoremen are covered by the LHWCA rather than the Jones Act.
Question 2: What is the lawyer's duty when a settlement offer arrives that the client wants to accept against the lawyer's advice?
- Reject it on the client's behalf without telling them
- Communicate the offer and honor the client's decision to accept or reject (Correct answer)
- Accept a higher counteroffer secretly
- Withdraw immediately
Correct answer: Communicate the offer and honor the client's decision to accept or reject
The decision to settle belongs to the client; the lawyer must convey offers and abide by the client's choice.
Question 3: When proving 'unseaworthiness,' a ship accident lawyer must show the vessel or its appurtenances were:
- Old
- Not reasonably fit for their intended purpose (Correct answer)
- Foreign-flagged
- Uninsured
Correct answer: Not reasonably fit for their intended purpose
Unseaworthiness means the ship, gear, or crew was not reasonably fit for its intended use.
Question 4: A lawyer must avoid a conflict of interest when asked to represent two crew members injured in the same incident if:
- They have identical injuries
- Their interests may be adverse, such as one blaming the other (Correct answer)
- They work the same shift
- They share an attorney's office
Correct answer: Their interests may be adverse, such as one blaming the other
Joint representation is improper when clients' interests conflict, like one crew member's negligence harming the other.
Question 5: Why might a ship accident lawyer file a 'Notice of Lis Pendens' or seek to arrest a vessel?
- To take ownership of the ship
- To secure a maritime lien and prevent the vessel from leaving before judgment (Correct answer)
- To inspect the engine room
- To hire the crew
Correct answer: To secure a maritime lien and prevent the vessel from leaving before judgment
Arresting a vessel secures a maritime lien so the asset remains available to satisfy a potential judgment.
Question 6: What duty of competence requires of a maritime lawyer handling an oil spill personal injury claim?
- Knowledge of admiralty law plus relevant statutes like the Oil Pollution Act (Correct answer)
- Only general personal injury experience
- A boating license
- Fluency in a foreign language
Correct answer: Knowledge of admiralty law plus relevant statutes like the Oil Pollution Act
Competent representation demands familiarity with admiralty principles and specialized statutes governing the claim.
Question 7: A maintenance and cure claim is improperly terminated when the shipowner stops payments:
- After the seaman reaches maximum medical improvement
- Before the seaman has reached maximum cure, without justification (Correct answer)
- When the seaman returns to work
- After a doctor's full clearance
Correct answer: Before the seaman has reached maximum cure, without justification
Cure continues until maximum medical improvement, and arbitrary early termination can expose the owner to penalties.
Ship Lawyer Ship Accident Lawyer Duties 3
A ship accident lawyer representing a longshore worker injured on a dock would typically pursue benefits under: