2010-02-summer-the paralegal advocate
TRANSCRIPT
TPA is an
affiliate of the
National Association
of Legal Assistants
INSIDE THIS ISSUE:
◊ President’s Message
◊ Paralegal Resource: The
American Bar Association – Article:
Vicki Voisin, ACP
◊ Paralegal Charged with
Embezzlement – Article: Chris Whaley, Esq.
◊ Announcements
◊ New Court Reporting Legislation
◊ 2010 CLA/CP Certification Exam
◊ NALA Campus Live
◊ Scholarship Announcements
- Student Scholarship
- Member Scholarship
◊ NALA Announcement
◊ Annual Meeting &Fall Seminar
Agenda
◊ 2010 Officers & Board
◊ 2010 Chapter Officers
◊ Notice of Annual Meeting
◊ Proxy for Voting Annual Meeting
◊ Elections for Annual Meeting
◊ Declaration of Candidacy
◊ TPA Outstanding Award
◊ Outstanding Member Nomination
◊ Applications for Scholarships
◊ Sustaining Members
Tennessee Paralegal Association
Post Office Box 21723
Chattanooga, TN 37424
http://www.tnparalegal.org [email protected]
PUBLICATION OF THE TENNESSEE PARALEGAL
ASSOCIATION
President’s Message
Greetings TPA Members:
Our Spring Seminar was hosted by the East Tennessee
Chapter and was a great success! I want to say a big thank you
to all who helped with the Seminar.
The NALA Convention is fast approaching, July 14-17, 2010
in Jacksonville, Florida. Laysha McCullaugh and I will be
attending. This is my first Convention and I am very excited!
For those of you interested, please do not forget to send in
your applications for the Lawassa B. Jones Memorial
Scholarship and the CLA/CP exam. The deadline is October
1, 2010. It will be here before we know it. Winners will be
announced at the Annual Board meeting in November.
We have formed a Website Committee and they are working
extremely hard to re-vamp our website. I want to thank
everyone on the Committee for their hard work and
dedication to this project!
Our Fall Seminar will be held November 12 and 13, 2010 at
the Hilton in Brentwood, Tennessee. Topics include Ethics;
Labor and Employment Law; E-Discovery in Tennessee;
Social Networking Sites; and Trial Preparation Techniques.
Registration forms will be going out in October. Mark your
calendars and plan to attend! We will have a great time and
you will learn a lot!
Hope everyone is having a great summer!!
Sherri L. Satterfield, CP
TPA President
Summer 2010 Volume 29 Number 3
Paralegal Resource: The American Bar Association By Vicki Voisin, ACP
The ABA's policy making body is the House of Delegates. In 1997, the House of Delegates adopted the current
definition of "legal assistant/paralegal." The definition reads as follows: A legal assistant or paralegal is a person, qualified by education, training or work experience who is employed or retained by a lawyer, law office, corporation, governmental agency or other entity and who performs specifically delegated substantive legal work for which a lawyer is responsible. According to the ABA's Web site, "The current definition of "legal assistant/paralegal" replaces the definition adopted by the ABA Board of Governors in 1986. It adds the term "paralegal" since the terms "legal assistant" and "paralegal" are, in practice, used interchangeably. The term that is preferred generally depends on what part of the country one is from. The current definition streamlines the 1986 definition and more accurately reflects how legal assistants are presently being utilized in the delivery of legal services."
The ABA has also adopted Model Guidelines for the Utilization of Paralegal Services. The Model Guidelines were originally adopted in 1991 and revised in 2004. Their purpose is to encourage lawyers to utilize paralegal services effectively and promote the continued growth of the paralegal profession. The 2004 revision incorporated new case law, advisory opinions, new and revised state guidelines and changes in the ABA Model Rules of Professional Conduct since the original publication date. The ABA’s Standing Committee on Paralegals develops and promotes policies relating to the education, employment, training and effective use of paralegals. The Standing Committee, through its Approval Commission is the body that sets standards for paralegal education. It also
makes recommendations to the ABA’s House of Delegates for approval (and reapproval) of paralegal training programs that have met the standards and guidelines set by the ABA for quality paralegal education. In addition to overseeing the approval program, the Standing Committee monitors trends in the paralegal career field. It maintains an information service for persons interested in becoming paralegals. In an average year, the staff office processes more than 6,000 requests for information and responds to numerous requests for assistance. The ABA also offers information for preparing for a career as a paralegal, where to get training and what it means to graduate from an ABA-approved paralegal education program. Here some additional resources offered by the ABA: · Your ABA: Ethics training for paralegals: a winning situation for clients
· 2005 Survey of Approved Paralegal Education Programs · Economic Benefits of Paralegal Utilization · Information for Lawyers: How Paralegals Can Improve Your Practice Are you a paralegal who has recently lost your job? Do you want to know how to market yourself in today's economy? The ABA's Economic Recovery Resources contains resources and tips on a variety of topics for both lawyers and paralegals. You can access invaluable information and resources for job search/networking, stress management, professional development and more. Visit the new ABA Job Board to search for jobs, create a profile and upload your resume. If you are already working as a paralegal or legal assistant, the ABA offers an associate membership that offers
“access to the wealth of ABA benefits to develop a competitive advantage in your field.” There are many other resources available. The Model Rules of Professional Conduct are particularly helpful if you have ethics questions. There’s a very cool map of the US that gives paralegal status by state and much more. The ABA Web site is an amazing resource for paralegals. Be sure to explore the ABA Web site to check out all of the information available there, including various publications and a list of recommended paralegal blawgs that you will want to follow. ©2009 Vicki Voisin, Inc. Do you want to use this article in your newsletter, ezine or Web site? You can, so long as you include this entire blurb with it: Vicki Voisin, "The Paralegal Mentor",
delivers simple strategies for paralegals and other professionals to create success and satisfaction by achieving goals and determining the direction they will take
their careers. Vicki spotlights resources, organizational tips, ethics issues, and other areas of continuing education to help paralegals and others reach their full
potential. She publishes a weekly ezine titled Strategies for Paralegals Seeking Excellence. More information is available at www.paralegalmentor.com
Paralegal Charged With Embezzlement (Reprinted from Winter 2007 Issue)
By Chris Whaley, Esq.
Bingo! I thought that would get your attention. This was the headline of a news story that ran in The
Charlotte Observer on January 1. According to the report, a Union County paralegal has been charged with
embezzling approximately $1.2 million from her former boss. Allegedly, she wrote unauthorized checks from
the attorney’s trust account.
Okay, okay – I can almost hear some of you: “Wow, Chris! What a wonderful, inspiring article to
begin 2008 - and Happy New Year to you too.” Though the subject is certainly not positive, I think there are
some positive “nuggets” of wisdom to take away from a case such as this.
Believe it or not, as I read the article, the first thing that came to my mind was not “How dareth she do
thus to her benevolent employer!” Alright, I probably didn’t think it in those words – certainly not in King
James English. The point is that my dander immediately rose toward her employer, the attorney.
What’s that I hear? “But, Chris, he’s the victim . . . she stole money from him and you’re going to add
insult to injury by finding fault with the attorney?” Well . . . um . . . err . . . Yes! You’d better believe it.
Though less than 100% of the facts are known at this point, it appears to me that the attorney was woefully
lacking in his supervision of the paralegal’s activities.
*Whistle* Time out – I need a sidebar for this disclaimer: The paralegal, if proven guilty, deserves whatever
punishment is coming to her. She appears to be as guilty as . . . well, never mind (I was going to compare this
situation to several major league baseball players who allegedly took steroids – but I thought better of it). The
paralegal is charged with taking money, not only from her boss, but also from the clients. This is not an Op-Ed
piece arguing that the paralegal is without fault.
*Okay, time in. However, whatever the paralegal’s culpability (pretty fancy wording huh? I do teach Criminal
Law on occasion) may be, her boss/supervisor should have been keeping better track of what was going on in
the trust account. If this situation arose in Tennessee, Rule 5.3 of the Rules of Professional Conduct (Tennessee
Supreme Court Rule 8) states:
(a) A partner and a lawyer who individually or together with other lawyers possesses comparable
managerial authority in a law firm shall make reasonable efforts to ensure that the firm has in effect
measures giving reasonable assurance that the nonlawyer’s conduct is compatible with these Rules.
In the situation at hand, what measures were in place to give reasonable assurance that the paralegal’s
conduct adhered to the ethical rules?
Is it possible that the paralegal stole the funds in spite of measures and procedures the attorney put into
place? Yes. Is it possible that the attorney did everything professionally possible to prevent this theft? Yes, it’s
possible. However, it is also possible that the attorney (like many others) placed so much trust into his
paralegal that he failed to adequately supervise her work. Again, at this point we don’t know whether
procedures/systems were in place to protect against trust account misappropriation. All we know for certain is
that the paralegal has been charged and the clients’ funds are missing.
Chris Whaley serves as Dean of Social & Behavioral Sciences and Professor of Legal Studies at Roane State Community College. He
can be reached at [email protected] He doesn’t regularly speak in the King’s English, but he does read a pretty mean
Chaucer to his wife’s high school English class, on occasion.
ANNOUNCMENTS
We are proud to announce that Theresa Koslofsky recently passed the CP/CLA exam. A great accomplishment reached – Congratulations Theresa!!! She has recently taken an active role in becoming the Chapter Chair to our new Central Tennessee Chapter and is leading the web site committee to revamp our web site.
Our East Tennessee Chapter hosted our Spring Seminar in April. The speakers gave interesting presentations on their respective topics. Also, East TN has attended and will be attending some Job Fairs at local high schools and paralegal schools and making several presentations at ITT Technology School Paralegal Program, Roane State Community College Paralegal Program and the University of Tennessee Paralegal Program.
The Chapter meets on the 3rd Thursday of each month at 6:00 p.m. at Dead End BBQ in Knoxville. Speakers provide information on a variety of legal topics and CLA credits are offered at each meeting.
The Southeast Chapter continues our monthly Learn at Lunch meetings on the 3rd
Tuesday of each month at 11:30 a.m. at the United Way Building of down town Chattanooga. Our speakers provide information on timely topics in the legal field.
In addition, the Judge W. Neil Thomas, III Paralegal Utilization Award was awarded at the 2010 Chattanooga Bar Association Law Day luncheon. This Paralegal Utilization Award was a great addition to our Chapter last year that was mirrored from the West Chapter’s Ernie Gray Paralegal Utilization Award. Also, our members participated in paralegal shadowing by Chattanooga State students in May & June.
Our Central Chapter is now off the ground so spread the word! We are excited about our new chapter and hopeful in our expectations of its growth over the next year. The Nashville firm of Burr & Forman, LLP has graciously provided the Chapter the use of its beautiful conference room for their monthly meetings, which are generally scheduled for the fourth Monday evening of each month. The conference room is in an ideal location near downtown but is easily accessible to paralegals outside the immediate downtown area as well.
The West Chapter assisted the Madison County Bar Association with Law Day on April 30. The chapter awarded the Ernie Gray Paralegal Utilization Award again this year to an attorney who was nominated to best utilize by his/her paralegal. This is done every year and is always a nice addition to Law Day. The attorneys are thrilled to be nominated and win this prestigious award, which is solely recommended and nominated by his/her staff.
Keep track of our Association & Chapters on Face Book Tennessee Paralegal Association,
East Tennessee Chapter of the Tennessee Paralegal Association Southeast Chapter Tennessee Paralegal Association
Central Tennessee Chapter of the Tennessee Paralegal Association and West TN Chapter of the Tennessee Paralegal Association
New Spring Seminar Rotation: Southeast 2011, Central 2012, West 2013, East 2014
Please forward any announcements for The Paralegal Advocate to [email protected] you wish to make.
2010 CLA/CP CERTIFICATION
EXAM COMING UP!
GO TO www.nala.org FOR ADDITIONAL DETAILS
NOTICE: NEW APPROVED TESTING SITE UNIVERSITY OF TENNESSEE AT CHATTANOOGA
NALA CAMPUS LIVE!
GO TO http://www.nalacampus.com
SCHOLARSHIPS
SPONSORED BY TPA
The Lawassa B. Jones Scholarship &
A CP/CLA Exam Scholarship For more information
GO TO OUR WEBSITE AT:
www.tnparalegal.org
OR SEE END OF NEWLETTER FOR AN APPLICATION
FALL SEMINAR! This year’s Fall Seminar will be hosted in Nashville at the
Hilton Suites Brentwood. You will not want to miss this event.
November 12 & 13 – 2010
Agenda
Friday, November 12, 2010 (Lunch Included)
9:30 – 10:15 Registration
10:15 – 10:30 Welcome by President
10:30 – 12:00 Ethics
1:00 – 2:30 Labor & Employment Law Update
2:45 – 3:45 E-Discovery in Tennessee
Saturday, April 24, 2010
8:00 – 9:00 Annual Membership Meeting
9:15 -10:45 Social Networking Sites
11:00 -12:30Trial Presentation Techniques
Note: We have rooms set aside at the rate of $89.00 per night at the Hilton Suite in Brentwood.
2010 TPA Officers and Board Members
(Contact the officers/board members via our new e-mail address at: [email protected])
President: Sherri L. Satterfield, CP, Leitner, Williams, Dooley & Napolitan, Knoxville
First Vice President: Melissa G. Ledbetter, Republic Parking System, Chattanooga
Second Vice President: Tammy R. Bradford, John D. Hamilton Attorney at Law, Jackson
NALA Liaison: Laysha M. McCullaugh, CP, Fleissner, Davis and Johnson, Chattanooga
Secretary: Pamela K. Leckey, CLA, Peggy G. Comstock Attorney at Law, Knoxville
Treasurer: Phyllis A. Carter, SunTrust Bank (Retired), Chattanooga
East Region Director: Susan E. Veal, Miller & Martin PLLC, Chattanooga
West Region Director: LaFran Plunk, West Tennessee Legal Services, Jackson
Central TN Chapter Chair: Theresa Koslovsky, CP, Hendersonville
East TN Chapter Chair: Nita Gorman, Gary A. Davis and Associates, North Carolina
S.E. TN Chapter Chair: Christie L. Gass, Horton & Maddox PLLC, Chattanooga
West TN Chapter Chair: Courtney Sydnor, Nix, Patterson & Roach LLP, Jackson
Historian: Susan Westmoreland, CEBS, Horton & Maddox PLLC (Retired), Chattanooga
Parliamentarian: Susan Westmoreland, CEBS, Horton & Maddox PLLC (Retired), Chattanooga
Publication Chairs: Laysha M. McCullaugh, CP, Fleissner, Davis and Johnson, Chattanooga &
Susan E. Veal, Miller & Martin PLLC, Chattanooga
Central Tennessee Chapter Officers:
Theresa Koslovsky, CP, Chapter Chair, [email protected]
Naomi Thekkudon, Vice President/Program Chair Tabitha Langley, Secretary/Treasurer
East Tennessee Chapter Officers:
Nita Gorman, Chapter Chair, [email protected] Michelle Black, Vice Chairperson/Program Chair, [email protected] Tammy Murphy, Secretary, [email protected] Sherri Satterfield, Treasurer, [email protected]
Southeast Tennessee Chapter Officers:
Christie L. Gass, Chapter Chair, [email protected] Laysha M. McCullaugh, CP, Vice President/Program Chair, [email protected] Debra V. Marsee, Secretary, [email protected] Lynn Hager, R.P., Treasurer, [email protected]
West Tennessee Chapter Officers:
Courtney Sydnor, Chapter Chair, [email protected] LaFran Plunk, Vice President/Program Chair, [email protected]
Jennifer Petty, Secretary, [email protected] Tammy Bradford, Treasurer, [email protected]
NOTICE OF ANNUAL MEETING
Notice is hereby given of the Annual Meeting of the Tennessee Paralegal Association to be held at the
Hilton Suites in Brentwood, Tennessee on November 13, 2009. During the Annual Meeting, the election of
TPA officers for the year 2011 will take place. If you are unable to attend, please forward your proxy vote to
the Tennessee Paralegal Association, Attn: Annual Meeting – TPA Secretary via e-mail to
[email protected] designating who will cast your votes by November 9, 2010 OR you
may send your proxy vote with the member who will be casting your vote at the meeting, to be submitted prior
to the election.
__________________________________________________________________
PROXY FOR THE ANNUAL MEETING
OF THE TENNESSEE PARALEGAL ASSOCIATION
SATURDAY, NOVEMBER 13, 2010
MEMBER’S NAME: ________________________________________________
DESIGNATED MEMBER’S NAME: ___________________________________
_______________________________________
Member’s Signature
Note: The slate of officers for election will be posted to members last recorded e-mail by October 24, 2010.
ELECTION ANNOUNCEMENT
If you wish to run for an office please fill out the below and submit to Attn: Annual Meeting – TPA Secretary
by October 15, 2010 at [email protected]
DECLARATION OF CANDIDACY
I, , hereby certify that I am an active member in good standing of the Tennessee
Paralegal Association and do hereby declare myself a good candidate for the office of
of the Tennessee Paralegal Association for the year 2011.
If elected, I promise that I will faithfully discharge all the duties of the office for which I am elected.
This the day of , 2010.
Signature
TPA’S OUTSTANDING MEMBER AWARD
For the past nine years, TPA has awarded one of its members the Outstanding Member Award. Any
member of TPA may nominate any other member who has gone beyond the call of duty in promoting the
paralegal profession. If you would like to nominate someone for the 2010 Outstanding Member Award, please
complete the form below and write a short essay answering the question, “How does the nominee promote the
paralegal profession?”
Please address your nomination to Outstanding Member Nominations and mail it to TPA’s address listed
on the form no later than October 15, 2010. All nominations will be sent unopened to the chairperson of the
outstanding member committee. That committee will make the decision and present the award to the recipient
at the Annual Membership Meeting in November.
This is another way TPA promotes our profession and recognizes our outstanding members!
OUTSTANDING MEMBER NOMINATION
The Tennessee Paralegal Association has instituted an award to recognize TPA members who have made an outstanding contribution to our profession. Please nominate a paralegal you
respect for his or her promotion of the paralegal profession and answer the following question about your nominee: How does the nominee promote the paralegal profession?
The deadline for nomination is October 15, 2010.
Paralegal Nominee’s Name:
Firm/Company’s Name:
Address:
Office Phone: Office Fax:
Email Address:
Your Name:
Firm/Company Name:
Address::
Office Phone: Office Fax:
Please send the answer to the question and this form to:
Outstanding Member Nominations
Tennessee Paralegal Association
P.O. Box 21723
Chattanooga, Tennessee 37424
TENNESSEE PARALEGAL ASSOCIATION
APPLICATION FOR THE LAWASSA B. JONES MEMORIAL SCHOLARSHIP
The application's questions are designed to let the judges know more about you, please be sure to include all
information you think pertinent.
NAME: ________________________________________________________________ LAST FIRST MIDDLE
ADDRESS: ____________________________________________________________
____________________________________________________________
Number City State
TELEPHONE
NUMBER: _____________________________________________________________ AREA CODE NUMBER
EMPLOYER: _____________________________________________________
_____________________________________________________
E-MAIL ADDRESS: _____________________________________________________
SCHOOL: ___________________________________________________________
WORK HISTORY (ATTACH A SEPARATE SHEET IF NECESSARY):
_______________________________________________________________________
_______________________________________________________________________
This application must be accompanied by a copy of your last transcript (high school or college), a letter of personal
recommendation, a letter of scholastic recommendation, and a short statement explaining your reasons for
applying for the scholarship and why you chose to become a paralegal. List any organizations to which you belong
and any community or school involvement. The letters of recommendation must come from people familiar with
your scholastic and leadership abilities. At least one letter must come from a teacher who is familiar with your
scholastic ability. APPLICATIONS SUBMITTED WITHOUT ATTACHMENTS WILL NOT BE CONSIDERED. Applications
should be returned to the Tennessee Paralegal Association by October 15th of this year.
All application materials or written inquiries should be mailed to:
Tennessee Paralegal Association – Attn: Scholarship Committee Chairperson
P.O. Box 21723
Chattanooga, TN 37424
Or
All information contained in the application will be kept confidential.
TENNESSEE PARALEGAL ASSOCIATION
APPLICATION FOR CLA/CP EXAM SCHOLARSHIP
The application’s questions are designed to let the Committee Members know more about you.
Please be sure to include all information you think pertinent.
NAME: ___________________________________________________ LAST FIRST MIDDLE
ADDRESS: ___________________________________________________ STREET
___________________________________________________ CITY STATE ZIP
TELEPHONE: _______________________________________________
EMPLOYER: _______________________________________________
EMAIL ADDRESS: _____________________________________________
DATE SCHEDULED TO
TAKE CLA/CP EXAM: ________________________________________
Applications should be returned to the Tennessee Paralegal Association by October 15, 2010.
This Application MUST be accompanied by the following:
Resume;
Letter(s) of recommendation; and
Short essay/paragraph detailing why you want to obtain CLA/CP credential and study plans
to prepare for exam.
All application materials or written inquiries should be mailed to:
Tennessee Paralegal Association – Attn: CLA/CP Exam Scholarship Committee
P.O. Box 21723
Chattanooga, Tennessee 37424
Or
ALL INFORMATION CONTAINED IN THIS APPLICATION WILL BE KEPT CONFIDENTIAL.
Remember the Sustaining Members That Support Us!!!!!
Tracy Imaging Roane State Community College National Networks Reporting, Co.
http://www.tracyimaging.com http://www.rscc.cc.tn.us/ http://www.nnrc.com/
Gibson Court Reporting The University of Tennessee at Chattanooga London & Amburn, P.C.
http://gibsonreporters.com/ http://www.utc.edu/ http://www.latlaw.com/
The University of Tennessee at Knoxville Miller & Martin, PLLC Records Acquisition Services, Inc.
http://www.outreach.utk.edu/ http://www.millermartin.com/ https://www.rastn.com/
University of Tennessee also offers this site for paralegals: www.utparalegal.com or call: (865)974-0150
Truesdel & Rusk Registered Professional Reporters Precise Reporting, Inc.
http://www.truesdelrusk.com/ http://precisereporting.net/
The Norcross Group Document Solutions, Inc.
http://www.norcrossgroup.com/ http://www.dsionline.biz/
Message From The Paralegal Advocate Team
We would appreciate your contribution to The Paralegal Advocate by submitting articles of interest to you to be published. Please note the deadlines for each issue and feel free to provide any information you would like published prior to the deadline. If you would like to have articles published on specific topics in the Advocate, please contact us.
- The Paralegal Advocate Team
THE PARALEGAL ADVOCATE
is published quarterly by the Tennessee Paralegal Association, an affiliate of the National Association of Legal Assistants, Inc. Articles and other information for the newsletter should be sent to the Advocate Team at the below address. Please title subject heading “For TPA Advocate:
Tennessee Paralegal Association
Attention: Advocate Team Post Office Box 21723
Chattanooga, TN 37424
DEADLINES FOR UPCOMING ISSUES:
FALL: SEPTEMBER 30, 2010
WINTER: DECEMBER 31, 2010 SPRING: MARCH 31, 2011 SUMMER: JUNE 30, 2011
Special Request: Please submit 2 weeks prior to
deadline, if possible. Thank you.