Description

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?