jan.-feb. 2011 wspa newsletter

16
J A N / F E B 2 0 1 1 Findings & Conclusions 1 Findings & Conclusions President’s Corner by Brian Haberly, WSPA President Happy New Year! It is my fervent hope and desire that this year of 2011 brings you much personal and professional success! All of your WSPA leaders hope and believe that your membership in the Washington State Paralegal Association can play a significant role in enhancing your chances for placement and advancement, by using WSPA as a key source of information, education, and yes, even moral support when you are making a job transition. We want to see you succeed, and be a role model to those who follow in your footsteps! As WSPA President, I can report both anecdotal and growing empirical evidence that the job market for paralegals is improving in Washington State, albeit slowly. We have seen recent job openings for paralegals in a variety of specialty areas including litigation, intellectual property, corporate, licensing, contracts, compliance and more. Employers are still being very selective in selecting their candidates, but job ads are starting to turn from temp-to-hire positions into more permanent hires from the get- go. 2011 promises to be another great year for WSPA members! We hope to see many of you at the 2011 Paralegal Career Night and Annual Student Dinner on Friday, January 28th in Seattle. This popular event offers students and currently working paralegals the chance to learn about opportunities and job attributes from currently practicing paralegals working in a variety of legal specialty areas including government, litigation, corporate, and more! In addition, you will learn hiring practices and paralegal responsibilities from a law firm HR Administrator and a representative from a legal placement agency who will discuss interview skills and the current job market. An optional pre- event Resume Review workshop enables you to have your resume briefly reviewed by some experienced legal professionals. In April of this year, two very important events will take place! First, WSPA members will be electing new Officers and Directors for the 2011-2012 term of office, which runs from June 1, 2011 through May 31, 2012. We hope you will consider running for a statewide office, and developing your leadership skills. Holding a Statewide office in Washington's leading paralegal organization looks GREAT on your resume too! On Friday, April 22nd, WSPA will be holding its combined Spring CLE program and Annual Membership Meeting. During lunch, your new officers will be introduced, and our annual paralegal awards will be presented. You won't want to miss this terrific event! Be watching your mail for information on how to nominate someone (or yourself) for one of our Annual Paralegal Awards. (continued page three) Our Mission: To enthusiastically support and promote the paralegal profession in the State of Washington. President’s Corner As WSPA President, I can report both anecdotal and growing empirical evidence that the job market for paralegals is improving in Washington State Page 1 Chapter Reports Page 3 HITECH, HIPAA & You As the ease of transferring information increases so does the risk of violating individual’s right to protect private information. Page 7 How to Network When created and employed correctly, a network can be invaluable. It can help grow your business, provide employment opportunities, create social outlets, expand your knowledge, and allow you to help others Page 10 Student Dinner: January 28th Page 11 Membership Forms Page 14 A Bi-Monthly Newsletter Volume 26 Issue 1 JAN/FEB 2011 Washington State Paralegal Association President, Brian Haberly [email protected]

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Page 1: Jan.-Feb. 2011 WSPA Newsletter

J A N / F E B 2 0 1 1

Findings & Conclusions 1

Findings & Conclusions

President’s Cornerby Brian Haberly, WSPA President

Happy New Year! It is my fervent hope and desire that this year of 2011 brings you much personal and professional success! All of your WSPA leaders hope and believe that your membership in the Washington State Paralegal Association can play a significant role in enhancing your chances for placement and advancement, by using WSPA as a key source of information, education, and yes, even moral support when you are making a job transition. We want to see you succeed, and be a role model to those who follow in your footsteps!

As WSPA President, I can report both anecdotal and growing empirical evidence that the job market for paralegals is improving in Washington State, albeit slowly. We have seen recent job openings for paralegals in a variety of specialty areas including litigation, intellectual property, corporate, licensing, contracts, compliance and more. Employers are still being very selective in selecting their candidates,

but job ads are starting to turn from temp-to-hire positions into more permanent hires from the get-go.

2011 promises to be another great year for WSPA members! We hope to see many of you at the 2011 Paralegal Career Night and Annual Student Dinner on Friday, January 28th in Seattle. This popular event offers students and currently working paralegals the chance to learn about opportunities and job attributes from currently practicing paralegals working in a variety of legal specialty areas including government, litigation, corporate, and more! In addition, you will learn hiring practices and paralegal responsibilities from a law

firm HR Administrator and a representative from a legal placement agency who will discuss interview skills and the current job market. An optional pre-event Resume Review workshop enables you to have your resume briefly reviewed by some experienced legal professionals.

In April of this year, two very important events will take place! First, WSPA members will be electing new Officers and Directors for the 2011-2012 term of office, which runs from June 1, 2011 through May 31, 2012. We hope you will consider running for a statewide office, and developing your leadership skills. Holding a Statewide office in Washington's leading paralegal organization looks GREAT on your resume too!

On Friday, April 22nd, WSPA will be holding its combined Spring CLE program and Annual Membership Meeting. During lunch, your new officers will be introduced, and our annual paralegal awards will be presented. You won't want to miss this terrific event!

Be watching your mail for information on how to nominate someone (or yourself) for one of our Annual Paralegal Awards.

(continued page three)

Our Mission: To enthusiastically support and promote the paralegal profession in the State of Washington.

President’s CornerAs WSPA President, I can report both anecdotal and growing empirical evidence that the job market for paralegals is improving in Washington State Page 1

Chapter ReportsPage 3

HITECH, HIPAA & YouAs the ease of transferring information increases so does the risk of violating individual’s right to protect private information. Page 7

How to NetworkWhen created and employed correctly, a network can be invaluable.  It can help grow your business, provide employment opportunities, create social outlets, expand your knowledge, and allow you to help othersPage 10

Student Dinner:

January 28th

Page 11

Membership FormsPage 14

A Bi-Monthly Newsletter Volume 26 Issue 1 JAN/FEB 2011

Washington State Paralegal Association President, Brian

Haberly

[email protected]

Page 2: Jan.-Feb. 2011 WSPA Newsletter

F I N D I N G S & C O N C L U S I O N S

2 Findings & Conclusions

Administrator

Administration Services, Inc.PO Box 58530Seattle, WA [email protected]

Officers

PresidentBrian Haberly [email protected]

Vice-PresidentMembership & AdministrationSue Beichley

[email protected]

Vice-President Professional Development

Donna [email protected]

SecretarySarah [email protected]

Treasurer [email protected]

Immediate Past PresidentTheda Yandell RP

Management Directory

NFPA Representatives

NFPA Primary RepresentativeSue [email protected]

Secondary RepresentativeJeanenne [email protected]

PACE AmbassadorLaura [email protected]

Directors

East King Co. DirectorJosh [email protected]

Northwest Director Michelle [email protected]

Seattle DirectorMary [email protected]

Snohomish Co. Chapter Director Sarah [email protected]

South King CountyDouglas [email protected]

Director At-Large, WestBrenda [email protected]

Committee Chairs

CLE Approval Committee ChairStephanie [email protected]

Job Bank Committee ChairJennifer [email protected]

Pro Bono CoordinatorGretchen [email protected]

Newsletter Coordinator/EditorJay [email protected]

Legalman Coordinator Jeanenne [email protected]

[email protected]

Page 3: Jan.-Feb. 2011 WSPA Newsletter

F I N D I N G S & C O N C L U S I O N S

Findings & Conclusions 3

(President’s Corner Continued from Page One)

Categories will include:

Paralegal of the Year, WSPA Volunteer of the Year, Paralegal Pro Bono Award, Paralegal Community Service Award, and the Paralegal Student Scholarship.

For more than 35 years, WSPA has stood for professionalism and called for the greater utilization of paralegals. Even today though, many people are confused by exactly what paralegals do and what they don't do. One of the ways to enhance the profession is by the voluntary Paralegal Advanced Competency Exam ("PACE") and the recognition that comes from achieving the distinctive PACE RP (Registered Paralega) designation.

Paralegal CORE Competency Exam coming in 2011!

In mid-to-late 2011, the National Federation of Paralegal Associations will unveil a brand new Paralegal CORE Competency Exam. This new credential, the CORE Registered Paralegal ("CRP"), will offer newer paralegals the opportunity to demonstrate their understanding of key legal concepts and practice areas, as evaluated by an independent testing agency. Your NFPA representatives and those of Professional Examination Services are now hard at work to ensure that the projected rollout date of November 2011 is met! The CRP designation follows the NFPA's prior branding of the PACE Registered Paralegal or "RP".

Final chance to renew your membership!

If you haven't already renewed your Membership for 2011, you'll want to do so now so that you have no interruption in your benefits. Take a few moments right now to renew your membership online (www.acteva.com/Go/WSPA).

You know that your membership in a professional association is demonstrable evidence that you are career minded, and striving to both improve yourself and to be an asset to your employer. Annual Performance reviews are a terrific time to remind your employer that you are a member of

WSPA, and to encourage them to pay for your 2011 membership renewal fee (only $100 for regular members, $50 for students).

Do you have feedback on WSPA’s programs and activities? We would love to hear your comments, whether it is praise or perhaps to share an area in which we can still improve. Please send me your feedback at [email protected].

NW Chapter Reportby Michele Snow-Waltz

Since our last report, the NW Chapter has hosted its January meeting and CLE in Mount Vernon. Our speaker was Brian Paxton, Court Commissioner of the Skagit County Superior Court, who spoke on debt, dissolution and the family law court in our challenging economic times. Commissioner Paxton is a great speaker, and we want to thank him for taking time to speak to our group. (Hopefully, he will come back next year and let us know how things have changed in his court with the improving economy!) We also want to thank the Skagit Valley Food Co-op for the use of their community meeting room. The space was comfortable and convenient, and the staff could not have been more helpful.

Our next brown bag is scheduled for February 16. This will be our ethics CLE for 2011. Bellingham attorney Brian Hansen will speak on the duties owed by paralegals to their supervising attorneys and his/her clients. Stay tuned for further information.

Our Chapter Director attended the recent WSPA Board Retreat and training session held in Bellevue. The presentation by Liz Heath of the Non-Profit Resource Center was invaluable, not only for those of us involved in the governance of our paralegal association, but also for any other non-profit we might be involved in, whether it is a local neighborhood association or a child’s sports organization. We recommend you take advantage of the next training session when it is offered. You won’t regret it.

One of the paralegals attending our chapter meeting today reported that her New Year’s resolution was to become more involved in her local WSPA chapter. We hope all of our members will make that

resolution. It will be more fun than giving up chocolate, and much more rewarding!

East King County Chapter Reportby Josh Normand

Align Your Allies- Working with IT professionals Seamlessly in Today’s Legal Field

In today’s legal field, more than ever, we work with IT people more than ever before. However, there are many times where IT projects fail or die because of failure to account for changes to the project. Steven Levy of Lexician, who used to work for Microsoft, wrote an article in the Law Technology News December 2010 Issue about Aligning Your Allies, managing change.

The first factor is that you can’t ‘change-proof’ reality. Some project managers try to increase success by erecting overwhelming barriers to change. IT can rarely be change-proofed because there are too many unknowns. What made sense yesterday, for example, may not fit today’s changing business environment.

The second factor is having techniques to manage change. Once one sees the need to support reasonable change, one can explore techniques to manage such change. Stakeholders must buy into the change process. Additionally, the IT team needs to understand that many changes stem from new or not easily uncovered legitimate business needs, not user whim.

The third factor to managing change is to have change logs and checklists. The logs can help one spot particularly fragile parts of the system.

Other factors that help IT projects become successful are to encourage early changes, delivering incrementally, tradeoffs and opportunity cost and negotiation by triangulation.

I found this article useful for paralegals and other legal professionals who work with IT professionals on a daily basis.

Michele Snow-Waltz, NW Chapter Director Josh Normand, East King County Chapter Director

Page 4: Jan.-Feb. 2011 WSPA Newsletter

F I N D I N G S & C O N C L U S I O N S

4 Findings & Conclusions

Findings and Conclusions is the official publication of the Washington State Paralegal Association and is published six times per year.

This article can be found at http://www.law.com/jsp/lawtechnologynews/PubArticleLTN.jsp?id=1202475262705&Align_Your_Allies

Snohomish County Chapter Reportby Sarah Eisenhauer

The last meeting was held on October 13th at the Everett Library’s Evergreen Branch. The presentation was on “Tips for Budget Legal Researching” given by Kimiko Kasazaki-Riley, Paralegal. She discussed several ways to find free law resources including public records and online case law.

The first meeting of 2011 is scheduled for March 2nd, 7:00pm, at the Evergreen Branch of the Everett Library. If you have a topic of interest that you would like to learn about or discuss this year, please feel free to contact me at [email protected].

Secretary’s Reportby Sarah Sawyer

With the beginning of the new year, many of us have been reflecting on the ways we do things, and making resolutions for how we would like be. The WSPA Board is no exception. The Board held its annual strategic planning session on Sunday, January 16th, 2011. The planning was facilitated by Liz Heath, the Executive Director of The Nonprofit Center (www.npcenter.org). The first part of the meeting was an overview of the non-profit sector today. The key issues facing many non-profits are accountability and transparency. She also spoke to us about the work of the board, both the legal and functional responsibilities, and the essentials of board development.

Prior to the meeting, each Board member filled out an anonymous survey regarding the work of the Board in general, and a self-assessment of that member’s participation on the Board. At the meeting, Liz reviewed the results of this assessment, and provided suggestions based on the results. Please contact me if you are interested in learning more of the details of this review.

The second part of the meeting was spent on a SWOT analysis (Strengths, Weaknesses, Opportunities and Threats) to help us identify the top issues facing WSPA, and strategic planning to develop strategies for addressing those issues. Like many organizations, the top two issues that emerged for immediate attention were member retention and building a more active membership. Secondary, long-term goals were identified as educating the public about the paralegal profession, and building natural partners for the organization.

We set a couple of goals regarding the top two immediate issues, and we will be planning for addressing the long term goal at our next Board meeting.

We brainstormed possible strategies as follows:

RETENTION GOAL:

• Retain 75% of membership

• Administer a member satisfaction survey

• Consider incentives like longevity discounts to encourage members to return

RETENTION GOAL:

• Publicize/promote existing benefits better

• Draw attention to benefits members can only get from WSPA

• Add two new benefits each year

ACTIVITY GOAL:

• Increase attendance at chapter meetings

• Identify interests, needs and desired benefits on the chapter level

• Communicate better with existing and potential WSPA members

• Better publicity of chapter and WSPA events

• Outreach to potential members

• Recognize and reward regular chapter meeting attendees

ACTIVITY GOAL:

Identify and cultivate future leaders

Increased attendance at chapter activities will produce a larger pool of active involved members

We will still be working on goals related to our long term goal regarding WSPA’s relationship with the paralegal profession, the public and forging relationships with local, state and national partners. If you have any ideas regarding the goals we are developing for WSPA, please contact me, your Chapter Director, or WSPA President Brian Haberly. We’d like your feedback about where WSPA is going, your suggestions for how we get there, or how you’d like to help us reach our goals. Our next Board Meeting will be a telephonic meeting on Wednesday February 9.

Findings and Conclusions is the official publication of the Washington State Paralegal Association and is published six times per year. Letters to the Editor, articles, advertisements or correspondence should be submitted to:

WSPA Newsletter EditorP.O. Box 58530Seattle, WA 98138Email: [email protected] Email: [email protected]

Sarah Sawyer, Secretary

Page 5: Jan.-Feb. 2011 WSPA Newsletter

F I N D I N G S & C O N C L U S I O N S

Findings & Conclusions 5

Making Sense of Damages: Understanding Personal Injury & Business Loss Calculations3 WSBA CLE Credits/includes 0.5 Hours Ethics

3 CE Credits for Insurance Adjusters

Remember to Join Us for Our Seminar.

Faculty

R. Dixon Grier

CPA, Partner

A forensic accountant for 33 years, Dixon

is the Managing Partner for MDD’s West

Coast offices. He has provided economic

damage quantifications across a wide

spectrum of industries and has extensive

testimony experience. He can be reached at

[email protected] or 925.933.3301.

Daniel G. Markowicz

CPA/CFF, CVA, Partner

Dan has been a forensic accountant for 27

years and is currently based in Los Angeles.

He also specializes in economic damage

quantifications and has testimony

experience. He can be reached at

[email protected] or 213.624.7118.

Patrick DeLangis

CPA/CFF, CFE, CFFA, Senior Manager

During his 16 years in forensic accounting,

Patrick has been involved in hundreds of

engagements involving the evaluation and

quantification of damages. He has testified

in depositions, mediations, arbitrations, and

trials. He can be reached at

[email protected] or 425.415.6161.

Event Details

We recommend a donation of $20 to the

Foundation for Washington State Courts

(www.fwscourts.org). Please enter “MDD” in

the designation field when donating online.

R.S.V.P. to Ben Thomas at

425.415.6161 or [email protected]

by January 28, 2011.

Please let us know if you plan to attend

lunch and/or the reception.

Program

12:00 – 1:10 Hosted Buffet Lunch

1:10 – 1:15 Opening Remarks including

brief introduction to MDD

1:15 – 2:45 Primer on Personal Injury

Damage Calculations

Patrick DeLangis

2:45 – 3:00 Cookie Break

3:00 – 3:30 Ethically Accounting for Client

Funds in IOLTA Accounts

Daniel G. Markowicz

3:30 – 4:30 Essentials of

General Business Damages

R. Dixon Grier

4:30 – 6:30 Hosted Reception

Please pass this invitation along to others who may be interested in

attending.>

> February 3, 2011 > Washington State Convention Center

8th & Pike Street, Seattle

Page 6: Jan.-Feb. 2011 WSPA Newsletter

It’s Simple.

T-Scan Headquarters: 4200 23rd Avenue West Seattle, WA 98199

Offices Located in: Seattle, Portland, Boise, Spokane and Salt Lake City

Contact T-Scan: [email protected] or 800.285.1507

Record Retrieval Document Production Imaging

T-Scan Works for the Documents While you Work for the Client

Page 7: Jan.-Feb. 2011 WSPA Newsletter

F I N D I N G S & C O N C L U S I O N S

Findings & Conclusions 7

Here is a funny story:

About five years ago, at time when my name was still on the packets our company sends out to retrieve medical records, we sent a request packet to my own personal doctor’s office requesting records on someone involved in a claim.

The office clerks copied my entire chart and put it on the front desk to mail out to T-Scan. The only reason my medical record did not arrive to T-Scan’s processing department is because, as luck would have it, my doctor walked by the front desk, saw my chart and asked why on earth it was sitting out on the front desk.

We request thousands of records a month. It may surprise people not in the industry that a not insignificant portion of these records are for the wrong patient.

It is just pure luck that everyone in my office does not know that about seven years ago I broke my rib, or that my cholesterol levels are just under the

magic number, or that I may have gained few pounds during the last decade or so.

As the ease of transferring information increases so does the risk of violating individual’s right to protect private information. The original HIPAA did not address, in any significant way, electronic medical records (EMR) nor did the act provide detailed consequences or specific reporting requirements when a healthcare provider does have a breach of information.

That is how we get to HITECH.

The Health Information for Economic and Clinical Health Act, (HITECH), was wrapped in the American Recovery and Reinvestment Act of 2009.

HITECH addresses many items related to the healthcare record including incentives for healthcare providers to convert to electronic records, privacy concerns regarding electronic records and addressing fines for security breaches and identifying businesses outside the scope of the

traditionally HIPAA-covered entities that are now subject to HITECH governance.

This article provides a general overview of the HITECH Act. The act itself is 200 pages. We will not go into detail regarding the monetary incentives to convert to electronic records. For the sake of this article, we will focus on the privacy portions of HITECH. If you would like to review the HITECH Act in entirety, the text is available through a useful site, The HIPAA Survival Guide, http://www.hipaasurvivalguide.com/hitech-act-text.php.

With the exception of a few highly publicized instances, HIPAA law enforcement had very little teeth when it came to enforcement of non-compliance.

HITECH fixed that—in a big way. HITECH includes specific fines ranging from the one-time error to the continued or repeat non-compliance.

(continued page nine)

HITECH, HIPAA & Youby Jay Jenkins

Page 8: Jan.-Feb. 2011 WSPA Newsletter

12 Findings & Conclusions

HELP WSPA SUPPORT MILITARY PARALEGALS AROUND THE WORLD

The Washington State Paralegal Association is a founding member of the NFPA Military Paralegal Outreach program. This program seeks to unite paralegals serving overseas in the US Armed Forces with local paralegal associations by sending periodic “Care Packages” of non-perishable food, snack, hygiene and other miscellaneous items (books, games, stationery, etc.) to bring them a little bit of home while away from their loved ones.

WSPA was one of the original 8 paralegal associations across the country that participated in the very first group mailing to active duty Military Paralegals serving overseas back in February 2006. In the first year of this program, NFPA member associations supported 29 Navy Legalmen and Military Paralegals. WSPA is proud to have supported six military paralegals since this program was first begun. Jeanenne Rutherford is now accepting donations (cash and food items) in the Seattle area. You can reach her at [email protected].

Suggested Items:

Hygiene: Food:Antibiotic Ointment Single Serving Pasta LicoriceChapstick/lip balm/Carmex Ready to Heat Soups Sunflower SeedsSunscreen (Bull Frog is good) Lunchables Aqua DropsBug Repellent (with deet) Ramon Noodles GumFace cleaner Powdered Power-Aide/Gator-Aide/ Peanuts in a shellEye drops/Saline Koolaid/Tang Rice Krispy TreatsLiquid hand sanitizer/Baby wipes Granola Bars/Cereal Bars Snack CakesFoot/body powder (Gold Bond) Fruit Roll-ups Misc:Deodorant Raisins CondimentsShampoo/Conditioner Beef Jerky (no pork) Lemonade/Ice Tea MixTooth Brush/Toothpaste Applesauce Cough DropsNose spray/nose drops Fruit/Pudding Cups Stationery/envelopesHand/Body Lotion Cereal (individual Servings) Stamps/PensBand-aids, Mole Skin Chex Mix Dice/Travel GamesSoap Tuna Kits Individual Instant CoffeeMouth Wash Snacks: Books/MagazinesNail Clippers Hard Candy (no chocolate-it melts) Tylenol/IbuprofenDental Floss Snack Mix Allergy MedicineTums/Rolaids Chips/Cookies/Crackers/Microwave Ziploc BagsTylenol/Aspirin Popcorn/Pretzels Instant CamerasQ-Tips Pop Tarts RainX

TIPS FROM A SOLDIER'S MOM: • Send sauce packets (like Arby's sauce). I am told this can make any MIC's taste good.• Send cards and email/snail mail so soldiers can say thank you.• Holiday cards, photos and stories of the everyday things at home are priceless. • Some of the favorite letters are about walking the dog, the kids holiday show and local sports, even if it is not their family it helps you

know that life goes on.

All submissions are due the 20th of each odd numbered month for publication the following month. Articles may be submitted on disk in Word format or via Email.

ADVERTISING RATES:Dimensions Month to Month Pre-Paid One Year (6 Issues)1/8 page $ 50.00 20% discount 1/4 page $100.00 20% discount1/2 page $150.00 20% discountFull page $200.00 25% discountContact [email protected] for additional advertising information.

The Editor reserves the right to edit material for clarity, space or advertising.The articles published herein express the opinions of their authors and, unless expressly stated, do not necessarily reflect those of WSPA.Unless otherwise indicated, the authors of the submissions contained in Findings & Conclusions are paralegals. All reports, profiles, summaries, checklists, articles, or other submissions are provided for informational purposes only, and are not intended as legal advice and should not be relied upon for that purpose. All opinions expressed in any submission are the authors’ sole opinion and should not be taken as the opinion or position of the Washington State Paralegal Association.

Page 9: Jan.-Feb. 2011 WSPA Newsletter

F I N D I N G S & C O N C L U S I O N S

Findings & Conclusions 9

(HITECH, Continued from Page Seven)

These fines have teeth. Depending on the severity of the breach, the fine could reach $1.5 Million.

In addition, the act requires Health and Human Services (HHS), to conduct actual audits of HIPAA-covered entities and their business associates. Should a healthcare facility or business associate have a breach of security, HITECH requires detailed reporting of the breach not only to the government put to the public as well.

Business Associates are now included under HIPAA regulations. Depending upon how the relationship is defined, a business associate can be held just as accountable in protecting private information as the healthcare provider.

The new definition of Business Associates encompasses services a provider may contract with during the normal course of business. These services include, but are certainly not limited to:

• Covered Business Associates

• Billing services

• Coding auditors and consultants

• Collection agencies

• Comparative database vendors (if the information reported to the vendor identifies individual patients)

• Contract coders

• Financial auditors and consultants

• Law firms that provide malpractice defense

• IT vendors that have access to computer systems containing protected health information

• Medical equipment vendors (if the equipment records patient-identifiable information)

• Medical transcription companies

• Patient satisfaction survey vendors

• Record storage companies

• Release-of-information vendors

• Shredding vendors

The act also requires the provider to provide the patient with an electronic record if requested at a cost no more than equal the labor cost of producing the electronic record. In other words, if a patient so desires, s/he may ask the provider to provide the record in electronic format. So, in theory, you should be able to go to you doctor’s office with a thumb drive and ask for a copy of the record—in theory.

The patient can ask to whom and where the electronic record is to be transferred as well.

HITECH also limits marketing and accounting uses of the healthcare record.

What does this all mean for anyone working with healthcare information? Quite simply, it is meant to address our changing technology. As we move to a time when more and more providers keep electronic-based records, the regulations and fines become more stringent because the ease of moving information from one place to another becomes simpler with potential for errors. It means all of us must be diligent in protecting electronic information. We have all heard the stories in the media regarding a stolen laptop with 200,000 names and social security numbers on it.

So, how does this new act affect your workplace? It depends on what kind of work you do for Healthcare Providers.

If your office deals in medical records it may be prudent to follow HIPAA/HITECH guidelines as a precaution.

There are many internet sources that can help address questions regarding HIPAA and HITECH. One of the best sites is HCPro, http://www.hcpro.com. It is meant for healthcare providers but does offer quite a bit of materials regarding HIPAA and HITECH.

There is also the Health and Human Services site, http://www.hhs.gov/ocr/office/.

Jay Jenkins may be reached at [email protected].

Definition of a Paralegal – as defined by NFPA and WSPA

A Paralegal is a person, qualified through education, training or work experience to perform substantive legal work that requires knowledge of legal concepts and is customarily, but not exclusively, performed by a lawyer. This person may be retained or employed by a lawyer, law office, governmental agency or other entity or may be authorized by administrative, statutory or cort authority to perform this work. Substantive shall mean work requiring recognition, evaluation, organization, analysis, and communication of relevant facts and legal concepts.

Original items printed here are the property of WSPA. We ask that National Federation of Paralegal Associations (NFPA) member associations who reprint articles from Findings and Conclusions, credit the article and provide WSPA with a copy as reprinted. Others may not reproduce original material for any purpose without prior, written consent of the WSPA Newsletter Editor.

Publication of any advertisement does not imply endorsement of the product/services offered. WSPA reserves the right to reject advertisement due to content or space considerations.

Unless otherwise indicated, the authors of the submissions contained in Findings & Conclusions are paralegals. All reports, profiles, summaries, checklists, articles, or other submissions are provided for informational purposes only, and are not intended as legal advice and should not be relied upon for that purpose. All opinions expressed in any submission are the authors’ sole opinion and should not be taken as the opinion or position of the Washington State Paralegal Association.

WSPA's Mission: To enthusiastically support and promote the paralegal profession in the State of Washington.

We are dedicated to the enhancement of the paralegal profession.

We strive for personal and professional development.

We will encourage increased utilization of paralegals to broaden employment opportunities statewide.

We advocate high quality paralegal educational programs in preparation for entry into the profession.

We hold our members to high standards by requiring 10 Continuing Legal Education credits per year to retain full voting status or to hold an office in the Association.

We will monitor proposed state and federal legislation affecting paralegals and will participate in the legislative and regulatory process to represent our Members' views.

Page 10: Jan.-Feb. 2011 WSPA Newsletter

F I N D I N G S & C O N C L U S I O N S

10 Nullam arcu leo, facilisis ut

If you haven’t familiarized yourself with social networking, you are significantly behind the times!  If you regularly read my blog, you probably know that I am an active member of the popular LinkedIn “social networking” website.   I find that it is invaluable for business networking.  I also have a Facebook page.

When created and employed correctly, a network can be invaluable.  It can help grow your business, provide employment opportunities, create social outlets, expand your knowledge, and allow you to help others. It can even lead to life-long friendships that are priceless.

But how, exactly, do we maximize the value of a social networking site?

To maximize their value, we must understand what it means to network.

Networking Defined

The book that coined the phrase "Windmill Networking"

When it comes to networking, there are all sorts of newly defined terms and phrases that bloggers and other writers are employing.  There is the “windmill

network,” the “super networker,” and more.  But — really — what does it all mean? 

A network is technically defined as “a large and widely distributed group of people or things such as stores, colleges, or churches that communicate with one another and work together as a unit or system.”

The key to a network with value is understanding and focusing on the elements of communication and working together.   In other words, what value is there for you or someone in your network if you don’t actually communicate with one another, or if you don’t work together in some way?

(continued page 12)

How to Network for Maximum Value: Creating a Real Connectionby Lynda Watts

Lynda Watts, a Missouri attorney and a past Managing Partner and V.P. of Dolgin & Watts, P.C., is now the COO, CCO, and V.P. of CivTek International, Inc.  In addition to her corporate and legal career, she is a regionally recognized parenting & relationships expert, a street savvy urban sociology specialist, a motivational speaker and a life coach, and a freelance writer. This article reprinted with permission of Ms. Watts. Ms Watts’ blog may be found at http://lyndacwatts.wordpress.com/welcome/

Page 11: Jan.-Feb. 2011 WSPA Newsletter

Washington State Paralegal Association Annual Student Career Night & Dinner!

Friday January 28, 20115:00 to 9:00 PM – Red Lion Hotel1415 Fifth Ave., Seattle WA 98101

ScheduleResume Workshop 5:00-5:45Dinner 6:00-6:30Presentations 6:30-9:00

Dinner SelectionsRosemary Roasted Pork LoinParmesean Chicken or Chef's Special Vegetarian Entrée

Presentations for yourProfessional Development

The WSPA Annual Student Career Night & Dinner is an event designed to help jump start your career! Join us January 28th for a great evening of enrichment and information that will help you prepare for entrance into the paralegal profession. Learn about opportunities and job attributes from currently practicing paralegals working in a variety of legal specialty areas including government, litigation, corporate, and more!

In addition, you will learn hiring practices and paralegal responsibilities from a law firm HR Administrator. We will also have a representative from a legal placement agency to discuss interview skills and the current job market. Enjoy a delicious meal with your fellow paralegal students and learn keen insights from some of the best in the profession!

Resume Review Workshop

BACK BY POPULAR DEMAND! Bring your resume with you for a brief review by our experts! Discover practical tips and helpful information for creating compelling resumes during the resume review workshop. Our presenters will give students individualized feedback on their resumes in a 45 minute workshop that precedes the dinner. Don’t forget to bring a copy of your resume to take advantage of this unique opportunity! (Resume review workshop is limited to the time specified and includes only one review )

Cost$45 for WSPA Members$50 for Non-Members

$89 Special Offer! Combined New WSPA 2011 Student Membership and Dinner Package at a special low rate (a $100 value!)

Register Securely Online today at:www.Acteva.com/go/wspa

Page 12: Jan.-Feb. 2011 WSPA Newsletter

F I N D I N G S & C O N C L U S I O N S

12 Findings & Conclusions

(How to Network for Maximum Value continued from page ten)

The Numbers Game I Don’t Play

A Tangled Mess with No Real Value

I’ve often read the advice that for a LinkedIn profile to be maximized, a person must have a minimum of 500 contacts.

At 500, the LinkedIn website lists “500+” on your profile, even if you have 2000 contacts.   There is currently an overall limit of 30,000 connections, and a person with that many people in his or her network is unable to thereafter “accept” a networking invitation.

The people who play the numbers game are called “LIONS” on LinkedIn, and “Social Whores” on Facebook.  (Just reporting the facts!)

A “LION” is an acronym for Linked In Open Networker.  These folks advertise that they are open to accepting any connection request.  Their goal is to grow their numbers.

Being one to question most everything that seems to be missing a logical connector, I have to ask, “Why?”  Why is the number of people in our network an issue?   Why is 500 the magic number?   And, how valuable is it to have 500+ contacts in one’s network?

I’ve read articles that advise that your profile won’t come up in a search by an employment recruiter, for example, if you don’t have at least 500 connections.  I’ve also read that a hiring authority “won’t take you seriously” unless you reach the magic number of 500.

In my experience, that’s a bunch of hogwash.

In my opinion, the only people with a real purpose for having that many connections is the network marketer or spammer, someone who wants to mass market directly to others.   And, that is not the purpose of a social networking site; in fact, it is frowned upon.

As of today, I have 191 connections in my LinkedIn network.  On Facebook, I have 134 “friends”.  Those are not numbers that I am automatically able to quote; I had to go look.  The numbers don’t matter to me; the people do.  And now that these numbers have gotten this large, I am becoming even more selective when it comes to accepting or inviting new connections.

Tips for Sending or Accepting a Connection Request

Both LinkedIn and Facebook can serve their purpose if used appropriately.  For me, as for most, LinkedIn is a business networking site, and Facebook is more social with its combination of friends, family, community, special interest and business contacts.  But regardless of the forum, in both places I am particular about who I invite into my network and my circle of “Friends,” and I’m particular about which invitations from others that I accept.

In other words, for me it is about the actual connection with another human being or group — not the number of contacts.   If you are using a social networking site simply to “hand out business cards,” you are not maximizing the potential value inherent with these sites.

To Accept or Not to Accept:

Of all of the people in my two online networks, the vast majority of them sent an invitation to me rather than the other way around.  When I get an invitation, the first thing I do is review the individual’s profile.  I want to determine several factors:

• Do I know this person (high school, past employment, etc.)?

• If I don’t know the person, do we have common interests?

• If we don’t have common interests and we don’t know one another, why am I being invited to join his/her network?

When it gets to the third level, I will send a note before accepting the request.  On Facebook, my note typically reads:

I apologize if I should remember you, but I can’t place the connection.  How do we know one another?  Or, if we don’t know one another, will you please provide the reason for your friend request?  Is there some way you’re thinking I might be of assistance to you?

My approach on LinkedIn is slightly different:

Thank you for your connection request.  I’ve reviewed your profile but I am unable to determine the reason for your interest in adding me to your network.   Is there some way you are thinking I might be of assistance to you?

To Invite or Not to Invite:

My decision to send a Connection or a Friend request is based on several factors that are similar to my decision to accept or reject a request:

• Do I know you? • Do we have a shared interest or experience? • Is there a way I might be able to assist you?

• Do you have something of value to offer me?

In those rare instances where I send a Friend or Connection request, my invitation will look something like this:

[Facebook]  Hey! It’s Lynda (Cleek) Watts from high school.  It’s been a long time!  How have you been?

[LinkedIn]   You and I appear to have quite a few common interests, including membership to several of the same LI groups.   I’d like to add you to my network.  If there is any way in which I might assist you, please don’t hesitate to send me an email.

or

[LinkedIn]   I saw your comment in the (group name) discussion regarding (give detail).   I’m impressed.  I’m likewise impressed by your profile.  Let’s connect!   Please, let me know if there is any way in which I might be of assistance to you.

In each case, and regardless of the exact wording, my goal is to make a personal connection — not just become a name on a list.   And, most often, my invitation or my reply to an invitation quickly invokes a parlay of notes or emails.  This, in turn, allows my new “Friend” or “connection” and I to begin to get to know one another.

The Importance of “Memory Data”

What good is it to have someone in your network if you can’t remember that he or she is there?  Even with the sorting applications available on most social networking sites, it is the people who automatically come to mind that hold the most value for us.

If you're not connecting, you're not networking.

A network connection is a human being with whom you connect.  Though that may seem obvious, too few people do what it takes to actually connect.

If you have not created “memory data,” you are not networking with a given individual on your connection list.  It is the memory data that supplies the connection.

Implanting something in your memory to make your new contact memorable is not easy when it comes to social networking.   If you get several requests — or send several requests — in a single day, for example, it’s a real task to not only read each profile but to thereafter remember something unique about each individual.  (Try doing that with 30,000 connections!) (continued next page)

Page 13: Jan.-Feb. 2011 WSPA Newsletter

F I N D I N G S & C O N C L U S I O N S

Findings & Conclusions 13

(How to Network for Maximum Value continued from previous page)

Once, when responding to several requests at a time, including two men both by the name of Steve, I mistakenly confused the industries between these gentlemen.  In response, Steve #1 sent me an email that said, “Will you marry me?”  After re-checking his profile to remind myself who he was, and after picking my jaw up off of the floor, I replied, “Uh … What’s that about?”  And he replied, “I just wanted to make sure you remember me this time, and don’t get me confused with the 14 other ‘Steve’s’ in your network.”  And, I did.

While I’m certainly not encouraging anyone to send a marriage proposal in an attempt to be noticed and remembered, I am encouraging that you do something to stand out, to make yourself a permanent place in the memory bank of those people in your network.

Likewise, do something to remember the people on your Friend or Connections list.

Recently, “John” and I connected on LinkedIn.  Because his last name was unique and was the same as a law school buddy of mine, I was 1) able to remember him immediately, and 2) I found the “communication thread” I needed to send him a less generic, more personal note.   We began an exchange of notes regarding his family name, which quickly lead to his invitation to meet me for coffee.   Given his CEO position with a reputable company, and his community status, it was an important invitation.

By meeting for coffee, we both created the all-important “memory data” that makes a connection a genuinely valuable member of ones network.  We learned things about one another that can’t be easily articulated in a profile, such as personality traits.   In short, we began to get to know one another, and that is what makes a connection valuable.

But, a face-to-face meeting is not necessary to maximize the value of your network connections.

A friend of mine, Lisa, who I “met” through another friend, Jason, got me started in a network marketing business recently.   This came after my initial contact with her to inquire about her expertise in a particular matter.  Although she is in the part-time business of network marketing, she did not solicit me; I contacted her for information; and that was the beginning of our relationship.  We now talk on the phone nearly every day, our online contact is likewise frequent, I refer to her as “a friend,” yet we’ve never met in person.

When You Haven’t Made a Real Connection, All is not Lost:

Though these stories highlight the value of personally connecting with those in your network, I would be remiss if I did not tell you that I definitely have people in my network who I have no memory of whatsoever, who I have not yet made a personal connection with for one reason or another.

This brings us back to the initial decision of adding or accepting a connection request:   By being selective, the value of that connection may not present itself until later — especially when a personal connection is not initially established or when you’ve had difficulties establishing the “memory data.”

For example, there are certainly times when my attempt to connect personally with someone is not reciprocated.  I may send a friendly note and get nothing in response.   Or, I may accept a connection request and open the door for further communication (i.e, asking a question), but receive nothing or little more than a nod in return.  There’s not much one can do in that situation without looking or sounding “pushy” — thus, I do nothing.

When the opportunity arises to reconnect, however, I take it.  Today, for example, I sent an email to two different people in my network with whom I have no previous relationship other than the initial connection.   I found them by doing a LinkedIn “industry” search amongst my contacts.  After a quick review of their respective profiles, I sent each an email asking for assistance with an issue involving real estate.   Hopefully, their respective replies will be the catalyst for adding value to our connection.

Ways to Make Yourself Memorable

Memory Data: Creating and Using it to Network

Hopefully by now you realize how important it is to make a real connection with those people you’ve selected for your network.   Becoming a part of their “memory data” and vice versa is critical to making a valuable connection.

While you have little to no control over what someone else may or may not do to make themselves stand out in your mind, there are specific ways you can help others to remember you:

1. Include a recent head-shot of yourself in your profile.  Having a face to put with the name is always helpful.

2. Never send a generic connection request; always personalize it.

3. Never accept a friend/connection request without sending a personalized “thank you” note.

4. Always sign your name when you write to someone in your network.

5. Don’t be too formal.   If you sound stilted, you’ll come across as a bore.  People don’t usually like bores, and they certainly aren’t memorable.  Even when you send a connection request to someone who you hope might hire you, it’s important to “spice up” your short note and make an impression.

6. Find a common thread between yourself and the other person, highlight it somehow, and incorporate a question which prompts a reply:

I see that you went to St. Louis University during the same period of time that I attended.  Did you ever explore the building where The Exorcist allegedly took place?

You and I are members of many of the same groups, we appear to be about the same age, and we’re both in the entertainment industry.  That’s quite a bit to have in common, don’t you think?

Looks like we are both reading the same book right now!  Have you gotten to Chapter 12 yet?  Let me know when you do; it raises an issue I’d love to discuss with someone.

Conclusion

Creating a memorable relationship with the individuals in your network is the key to maximizing the value of that network.   If the majority of names in your contact list are as familiar to you as a page out of the phone book, you are either a LION by choice, or you need to re-evaluate your approach to networking.

Be memorable.   Offer your assistance.   Infuse your personality into your exchange of notes.  Create a legitimate, memorable connection with the person on the other end of the computer.

To network is to communicate with one another and work together.  If you aren’t doing that, you aren’t networking.

Page 14: Jan.-Feb. 2011 WSPA Newsletter

Washington State Paralegal Association

Membership Application PO Box 58530, Seattle WA 98138 Membership Year 1/1/2011 to 12/31/2011

WSPA Membership Application- Membership Application form page 1

Important: This form should be used only to apply for new membership. If you are a current WSPA member, please use the Membership Renewal form. You may also Renew and pay by credit card securely online at

http://www.acteva.com/GO/WSPA.

Applicant Name:

Mailing Address:

Daytime Phone: __________________________

Evening Phone: __________________________

Fax Number: ____________________________

Primary Email Address: Alternate Email Address for emergencies:

Employer Name & Address (if applicable):

Does your Employer pay for your Dues? Yes ____ No _____

Can we send a thank you note to your manager? If yes, supply Manager or Paralegal Supervisor name and email address:

WSPA Membership Categories

Type (Check one and submit the appropriate membership fee with your application. Make checks payable to WSPA. WSPA is a Washington

nonprofit corporation, Tax ID # 51-0140447):

! Voting Member - $100.00 - Any paralegal (see definition on reverse) living or working in Washington State holding an associate

or bachelors degree and at least 24 semester hours in paralegal studies, OR with minimum of three years experience as a paralegal as

defined by NFPA (see reverse). 10 CLE credit hours per year are required to maintain voting status when renewing voting membership.

! Non-Profit or Government Employee Member - $75.00 – Any individual eligible for voting membership who works for a

federally recognized non-profit [501(c)(3)] organization or a government agency (including armed forces).

! Student Member - $50.00 - Full-time student currently enrolled in a paralegal program & not eligible for voting nor associate

membership status.

! Associate Member - $100.00 – Any individual unable to meet the requirements of the above 3 membership categories.

! Sustaining Member - $200.00 - Any person, partnership, organization, or other entity interested in supporting the purposes of

the Association. PLEASE USE THE SEPARATE SUSTAINING MEMBERSHIP FORM RATHER THAN THIS FORM.

Who referred you to WSPA? (Please be specific so that we can thank them!): ______________________________

Special Qualifications: ! PACE® Registered Paralegal ! LPO ! CLA (Certified Legal Assistant)

Chapter Affiliation(s):

! East King County ! Northwest ! Seattle ! Snohomish County ! South King County

! Spokane ! South Puget Sound ! Central Washington ! Other: _______________________

Check all areas in which you are willing to help:

! Chapter Activities ! Events (CLE's, Convention) ! Membership ! Newsletter

! Job Bank Admin. ! Other:_______________________________________________________________________

**Please visit our website at www.wspaonline.org to sign up for specific list servs. Please note that by participating in these list servs, you will receive regular e-mail updates and have the opportunity to participate in e-mail discussion of issues relevant to the list serv.**

Page 15: Jan.-Feb. 2011 WSPA Newsletter

WSPA Membership Application- Membership Application form page 2

Education: (check all completed)

! Assoc. Degree, Paralegal Studies*

! Assoc. Degree, Other

! Bachelor's Degree, Paralegal Studies*

! Bachelor's Degree, Other

! Certificate in Paralegal Studies*

! Master's Degree

! Other Postgraduate Degree

! Other: ____________________________

*Must include 24 semester credit hours (or equivalent) of paralegal specialty courses. See Bylaw 2.1.1 for credit hour requirements.

**If you are currently enrolled in a paralegal studies program, give:

Name of the school/program: __________________________________________________________________________

Location:_____________________________ Length of program:_______________________

Degree expected: Type:_________________ Month & Year:___________________________

Employment:

Number of years of experience as a paralegal _______.

Current status (Check all applicable):

!Employed full-time as a paralegal !Employed part-time as a paralegal

!Employed full-time, not as a paralegal !Employed part-time, not as a paralegal

!Full-time student in a paralegal program** !Part-time student in a paralegal program**

!Unemployed !Other: _________________________

Employer Type:

!Private Law Firm !Government Agency

!Public Service Agency !Self-employed/freelance/contract

!Corp. Legal Dept./Other Private Industry !Temporary Employment Agency

Practice Areas (check all areas in which you regularly practice):

!Admiralty/Maritime !Bankruptcy !Civil Litigation !Collection

!Commercial Torts !Contracts !Corporate/Business !Criminal

!Elder Law !Employment/Labor !Environmental !ERISA/Employee Benefits

!Estate Planning !Family/Domestic !Foreclosures !Government

!Intellectual Property !Land Use !Legal Technology !Malpractice/Professional Liability

!Personal Injury !Probate !Real Estate !Securities

!Tax !Workers Compensation !Other:__________________________________

Definitions Paralegal (NFPA Definition): A paralegal is a person qualified through education, training, or work experience to perform substantive legal work that

requires knowledge of legal concepts and is customarily, but not exclusively, performed by a lawyer. This person may be retained or employed by a

lawyer, law office, governmental agency, or other entity or may be authorized by administrative, statutory, or court authority to perform this work. For additional definitions, requirements, and various other information, check our web site at http://www.wspaonline.org.

Signature:

I affirm that the information given in this application is true and correct and that I meet the requirements for the membership category indicated above.

Signed: Date:

Please mail your completed application and check made payable to "WSPA" to:

WSPA Membership Dept. P.O. Box 58530 Seattle WA 98138

Page 16: Jan.-Feb. 2011 WSPA Newsletter

Washington State Paralegal Association 2011 Membership Renewal Form PO Box 58530, Seattle WA 98138-1530 For the Membership Period of 1/1/2011 to 12/31/2011

To file this Renewal Form with your check payment (payable to WSPA), Mail it to WSPA, P O Box 58530, Seattle, WA 98138-1530;

Questions? Please email for assistance to: [email protected]

Important: This form should be used only to renew a current or previous WSPA membership. If you are applying for a new WPSA membership, please Join Online at www.wspaonline.org. You may also Renew and pay by credit card securely online at http://www.acteva.com/GO/WSPA (Renewing Member option)

Member’s Name: WSPA Membership Number (if known):

Mailing Address:

!!!! Check here if this is an updated Mailing Address

Daytime Phone: Evening Phone:

E-Mail Address (primary):

E-Mail Address (secondary):

WSPA Membership (See below for definitions and requirements.)

Check one and submit the appropriate membership fee with your application. Make checks payable to WSPA.

WSPA is a Washington not-for-profit 501(c)(6) organization, Tax ID # 51-0140447:

" Voting Member - $100.00 Employer Paid? "Yes "No

" Non-Profit or Government Employee Member - $75.00

I hereby certify that I qualify for voting membership by reason of education and/or experience, as described below. If I have previously been a voting member for a year or more, I further certify that I have met the CLE requirement for continued voting membership, and I have attached the necessary CLE Declaration.

Signed:_______________________________________________________________________________

" Associate Member - $100.00

" Student Member - $50.00

Definitions & Requirements

Paralegal (NFPA Definition): A paralegal is a person qualified through education, training, or work experience to perform substantive legal work that

requires knowledge of legal concepts and is customarily, but not exclusively, performed by a lawyer. This person may be retained or employed by a

lawyer, law office, governmental agency, or other entity or may be authorized by administrative, statutory, or court authority to perform this work. Substantive shall mean work requiring recognition, evaluation, organization, analysis, and communication of relevant facts and legal concepts.

Membership Types – Voting Membership - $100: Any paralegal (see definition above) living or working in Washington with an associate or bachelors degree and 24

semester hours in paralegal studies OR having a minimum of three year’s experience as a paralegal as defined by NFPA. 10 CLE credit hours are required to maintain voting status when renewing membership after one full year as a voting member.

Non-Profit or Government Employee Member - $75.00 – Any individual working for a federally recognized non-profit [501(c)(3)] organization or a

government agency (including armed forces). Eligible to vote and hold office and is subject to the same requirements as other voting members (see above).

Student Membership - $50: Any student currently enrolled in a paralegal program & not eligible for voting nor associate membership status. Student

membership is limited to 4 years. Associate Membership - $100: Individuals not eligible for voting, nonprofit, governmental, or student membership. CLE Credits: 10 credits are required each year to renew as a voting member or a nonprofit or governmental member after one full year of voting

membership. Up to 15 unused credits may be carried over to satisfy the next year’s requirement. See bylaws and CLE guidelines printed on the web site of the Association (http://www.wspaonline.org).