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Petitioner determined which enclosures were to be mailed with a
document, and Smith prepared the enclosures.
Petitioner controlled how and when a document was filed in a
court by his office. Smith filed petitioner’s pleadings with the
courts. Petitioner required Smith to retain an endorsed or “file
stamped” copy of each pleading that was filed.
Petitioner controlled where each document was to be filed in
the clients’ binders. Petitioner noted instructions on
particular documents explaining to Smith where documents should
be filed. Petitioner designated the file into which documents
should go and in what section of the file. Petitioner also
controlled when Smith would make photocopies of documents to be
used at trial.
Smith assisted petitioner in closing his legal files during
the years in issue. Petitioner controlled when each file was to
be closed and the method of closing the file. Smith prepared a
storage list of closed files. Petitioner would review the
storage list to ensure that he could find the closed files.
In 1997, Smith moved and terminated her working relationship
with petitioner. During the second quarter of 1997, petitioner
hired a college student, Mawson, on terms similar to those
involving Smith. Petitioner trained Mawson as to the work that
needed to be done at the law practice. Mawson arranged her work
schedule around her college classes. Mawson’s duties included
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