- Why do you think the people on this jury accepted legal assisting as a profession, not merely an occupation?
- Overtime pay is thought of inside out. What does “exempt” mean? What is “nonexempt”?
- What could some “primary duties” of the paralegal be?
- What are some collateral tasks?
- What is “discretion and independent judgment”? How might those things be demonstrated in the law office?
- How would you determine if you should be paid overtime?
- Are there sacrifices you can think of that come with being paid overtime?
- How does your reading of this case answer the “Hypothetical” at the beginning of this chapter?
- What does this case tell you about Mary Rose’s calendaring error? What do you think an appropriate penalty for the lawyer should be?
- What should an appropriate penalty for the paralegal be?
- Why did the appellate court say the trial court was obligated to set aside the default?
- What does it mean that the paralegal’s calendaring error was “imputed” to the lawyer?
- Do you think Attorney Myers received the appropriate penalty?
- Do you think the penalty would have been more or less harsh if she was not an experienced lawyer?
- Should the penalty have been more harsh because she never answered the complaint or made an appearance in court to defend herself?
- 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?
- Should the court have made it a part of its order that Myers seek counseling for alcohol addiction?
- What is a declaratory action? What does it mean to enjoin? What is an injunction?
- What is the court’s definition of the unauthorized practice of law?
- What activities did the defendant engage in that were arguably UPL?
- What is the court’s reason for not allowing the defendant to have her computer-generated legal forms business?
- After reading this case, can you answer the “Hypothetical” posed at the beginning of this chapter?
- According to the court, what is the unauthorized practice of law?
- What are Roosevelt and Boulevard, and what was Pearlman’s association with them?
- What was Pearlman doing that the Cleveland Bar Association argued constituted the unauthorized practice of law?
- This court has held that there are some exceptions to the UPL law. What are they?
- 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?
- Ultimately, what does this court decide?
- Why was Rosemary Furman tried again?
- Who is the “watch dog” in this case?
- Furman argued that the court’s earlier order was “vague.” What do you see in the order that is vague?
- Furman wants to reargue whether her actions constitute the unauthorized practice of law. Why does the court say it will not allow that argument?
- 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?
- What were the consequences for Rosemary Furman?
- Were the first conversations between Alter and Bukchin confidential? Were they covered by the attorney/client privilege?
- How about the conversations between Bukchin and the Storch Amini firm? Confidential? Privileged? What was the court’s logic on this?
- Were the conversations between Bukchin and Shame (the pun just cannot be avoided!) confidential? Privileged? Why? What was missing?
- What was Elkind’s argument?
- To whom did Knox owe a duty of confidentiality?
- What was Knox’s defense ?
- How was the case resolved?
- What is a writ of prohibition? It’s mentioned in the first and last sentences of the case.
- What is the purpose of the attorney/client privilege?
- What is the effect of having an outsider present when an attorney and client are speaking to each other?
- In the case of a corporation, who is an outsider?
- What is the work product privilege, and why is it relevant in this case?