Ship Lawyer Ship Accident Lawyer Duties 3

Question 1

A ship accident lawyer representing a longshore worker injured on a dock would typically pursue benefits under:

Accepted Answer

The Longshore and Harbor Workers' Compensation Act (LHWCA)

Answer

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?

Accepted Answer

Communicate the offer and honor the client's decision to accept or reject

Answer

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:

Accepted Answer

Not reasonably fit for their intended purpose

Answer

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:

Accepted Answer

Their interests may be adverse, such as one blaming the other

Answer

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?

Accepted Answer

To secure a maritime lien and prevent the vessel from leaving before judgment

Answer

Arresting a vessel secures a maritime lien so the asset remains available to satisfy a potential judgment.

Ship Lawyer Practice Test