PRACTICAL APPLICATION 8.2 Simon is a paralegal working in a private practice. His firm is hired by a megabank in a lanje city halfway across the country. A business that has failed in a small local town has defaulted on its loan and the bank has taken possession of the small department store and all of its contents. At the time of the foreclosure, the contents and fixtures PRACTICAL APPLICATION CONT. 8.2 were valued at approximately $8,000. The attorney has asked Simon to be present at and monitor, on Behalf of their client the bank, an auction to dispose of the contents of the store. All proceeds will be turned over to the bank to be applied against the remaining loan balance of $100,000. On the morning of the auction, Simon arrives at the store about two hours before the auction is scheduled to start. The owner of the business is just coming out and seems surprised to see Simon so early. He is an elderly man who opened the business more than 50 years ago. He tells Simon that he just came by to drop off his keys to the business, and says they are in the cash register. He says he also just needed to pick up his personal belongings from the office, although he doesn't know where he will put them in his small rented apart- ment. He explains that they are mostly things like pictures of his wife and a child who died decades before in an horrible drowning accident, mementos given to him by employees over the years, plaques from membership in local fraternal organizations recognizing his charitable work and contributions to the community, and the like. He oven shows Simon one framed picture still hanging by the entrance, of the owner and a small boy on crutches standing in front of the store. As the man tearfully removes the picture and leaves, Simon notices a rented moving truck behind the business. The owner gets in the truck and drives away. When Simon goes into the store, it appears to be all but empty of inventory. There is a note on the desk from the owner stating that he held one final clearance sale "to help out the bank" and that the proceeds are in the register with the keys. In the register is $872.56 and keys to the front and back entrance. Points for Discussion: Simon has no evidence that the truck contained anything legally owned by the megabank. He only has the statements of the old man, the note, and the cash. Should he report the details of the incident to the attorney? Should the attorney report the apparently missing inventory to the authorities as a theft? What should the paralegal and attorney consider in making these decisions