- 5 - 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 includedPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011