Frederick C. Kumpel - Page 5

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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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