- 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?