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?