Description

CHAPTER 1

Case Questions

1. Why do you think the people on this jury accepted legal assisting as a profession, not merely an occupation?
2. Overtime pay is thought of inside out. What does “exempt” mean? What is “nonexempt”?
3. What could some “primary duties” of the paralegal be?
4. What are some collateral tasks?
5. What is “discretion and independent judgment”? How might those things be demonstrated in the law office?
6. How would you determine if you should be paid overtime?
7. Are there sacrifices you can think of that come with being paid overtime?

 

Case Questions

1. How does your reading of this case answer the “Hypothetical” at the beginning of this chapter?
2. What does this case tell you about Mary Rose’s calendaring error? What do you think an appropriate penalty for the lawyer should be?
3. What should an appropriate penalty for the paralegal be?
4. Why did the appellate court say the trial court was obligated to set aside the default?
5. What does it mean that the paralegal’s calendaring error was “imputed” to the lawyer?

Case Questions

1. Do you think Attorney Myers received the appropriate penalty?
2. Do you think the penalty would have been more or less harsh if she was not an experienced lawyer?
3. Should the penalty have been more harsh because she never answered the complaint or made an appearance in court to defend herself?
4. Even after a bench warrant was issued for Myers, she still did not make an appearance. Should her punishment have been more harsh because of that?
5. Should the court have made it a part of its order that Myers seek counseling for alcohol addiction?

CHAPTER 2

CASE Questions

1. What is a declaratory action? What does it mean to enjoin? What is an injunction?
2. What is the court’s definition of the unauthorized practice of law?
3. What activities did the defendant engage in that were arguably UPL?
4. What is the court’s reason for not allowing the defendant to have her computer-generated legal forms business?
5. After reading this case, can you answer the “Hypothetical” posed at the beginning of this chapter?

CASE Questions

1. According to the court, what is the unauthorized practice of law?
2. What are Roosevelt and Boulevard, and what was Pearlman’s association with them?
3. What was Pearlman doing that the Cleveland Bar Association argued constituted the unauthorized practice of law?
4. This court has held that there are some exceptions to the UPL law. What are they?
5. Corporations can’t practice law by themselves. They need to have a person represent them. What things can a layperson do on behalf of a corporation according to this Ohio court?
6. Ultimately, what does this court decide?

CASE Questions

1. Why was Rosemary Furman tried again?
2. Who is the “watch dog” in this case?
3. Furman argued that the court’s earlier order was “vague.” What do you see in the order that is vague?
4. Furman wants to reargue whether her actions constitute the unauthorized practice of law. Why does the court say it will not allow that argument?
5. The court said, “Of the sixteen alleged instances of unauthorized practices of law, four were nolle prossed by the Bar.” What does nolle prossed mean?
6. What were the consequences for Rosemary Furman?

CHAPTER 3

Case Questions

1. Were the first conversations between Alter and Bukchin confidential? Were they covered by the attorney/client privilege?
2. How about the conversations between Bukchin and the Storch Amini firm? Confidential? Privileged? What was the court’s logic on this?
3. Were the conversations between Bukchin and Shame (the pun just cannot be avoided!) confidential? Privileged? Why? What was missing?

Case Questions

1. What was Elkind’s argument?
2. To whom did Knox owe a duty of confidentiality?
3. What was Knox’s defense ?
4. How was the case resolved?

Case Questions

1. What is a writ of prohibition? It’s mentioned in the first and last sentences of the case.
2. What is the purpose of the attorney/client privilege?
3. What is the effect of having an outsider present when an attorney and client are speaking to each other?
4. In the case of a corporation, who is an outsider?
5. What is the work product privilege, and why is it relevant in this case?