Using Your Paralegal Career to the Fullest
Transcription
Using Your Paralegal Career to the Fullest
Volume 5, Issue 4 Fall 2014 Using Your Paralegal Career to the Fullest By Dana Martinez-Jones, ACP Meetings: Member Meetings: October 28, 2014 November 18, 2014 December 9, 2014 Board Meetings: October 14, 2014 November 12, 2014 December: TBD Inside this issue: Using Your Paralegal Career to the Fullest 1 President’s Message 2 Editor’s Message 3 Mediation: An Alternative Career for the Paralegal 7 Grammar Gurus 9 Did You Know 11 NWFPA Activities 12 NWFPA Member & Team Spotlight 13 In Summary 15 When people think of paralegals, they picture a person in a law office working for an attorney. Even those in our own profession have the same image come to mind. However, there is more to a paralegal career than just working at a law firm—there are several ways to utilize your paralegal degree, certification, and/or experience. To borrow an old expression, you just have to think outside the box or, in this case, the law office. Did you know that there are a plethora of alternative paralegal career options that can give you an even more rewarding career path given your personality and other skills? Were you aware that there is legislation in some states for non-lawyers to provide limited legal services? With this knowledge, there is a way to get out there and explore all your options. According to the U.S. Dept. of Labor’s Bureau of Labor & Statistics, Occupational Outlook Handbook, the employment of paralegals and legal assistants is projected to grow 17% from 2012 to 2022. The handbook states that this is faster than the aver- 17 Hear Ye, Hear Ye! 21 In Washington State, Admission to Practice Rule (APR) 28 (Washington Supreme Court Order #25700-A-1005) was adopted in June 2012. Washington is being watched closely by the nation, but California and New York are ready to emulate this new idea to offset the staggering statistics regarding access to legal services. According to “a 2003 Civil Legal Needs Study, nearly 88% of low income” individuals in the State of Washington are not able to afford to utilize an attorney and end up handling their issues on their own—with some detrimental results. Therefore, APR 28 was adopted and put in place to “provide a regulatory framework for educated and experienced paralegals to obtain a limited license to practice law in approved practice areas.” 2 _________________________________________________________________________________ 1Bureau of Labor Statistics, U.S. Department of Labor, NALA Campus Schedule age for all other occupations.1 Some of the areas of growth will be discussed herein. Not only is there growth for our profession, but there is also a push by some states to expand the role of legal services that can be provided without the need to be an attorney. Occupational Outlook Handbook, 2014-15 Edition, Paralegals and Legal Assis- tants, at http://www.bls.gov/ooh/legal/paralegals-and-legal-assistants.htm 2Jennings, Thea (2013). Improving Access to Justice. Facts & Findings/Career Chronicle, Volume XL Issue 4, pages 10-11. Continued on Page 4 Volume 5, Issue 4 ParaLegal News Fall 2014 President’s Message . . . Debra Bass, FRP Having served on the Board of Northwest Florida Paralegal Association in two other capacities (Secretary and 1st Vice President), I took a year off. I am excited about the opportunity to return to the Board, not only with fresh faces, some of which have never served, but also to lead our members, students, and guests into a new year. Every year the new Board has a unique opportunity to make a difference. I believe that our previous Boards have made that difference through their tremendous strides in bringing our members new and exciting ideas and working hard to see them through to fruition. My only hope is that I can be as great a President as Caroline Peterson, and I will work hard to meet that challenge. “I am excited about the opportunity to return to the Board...” Upcoming court holidays: Veteran’s Day—Tuesday, November 11, 2014 Thanksgiving Day-Thursday, November 27, 2014 The day after Thanksgiving-Friday, November 28, 2014 Christmas Eve– Wednesday, December 24, 2014 Christmas Day– Thursday, December 25, 2014 New Year’s Day– Thursday, January 1, 2015 Dr. Martin Luther King Day— Monday, January 19, 2015 Farewell Dana! Northwest Florida Paralegal Association Page 2 Volume 5, Issue 4 ParaLegal News Fall 2014 Message from the Editor . . . Jenice C. Jones, CP, FRP Since we have said goodbye to summer and welcomed in fall, it is also time to welcome a new Executive Board for the 2014-2015 fiscal year! We look forward to an exciting new year for the NWFPA. I want to thank all members of the Newsletter Team for all their hard work and contributions this past year. Without your help and assistance this newsletter would not be possible. As we start a new year, I will be turning over the editor and chair duties to someone new. However, I will still be a member of the Newsletter Team and assist with the layout. It takes a true joint effort to put this quarterly newsletter together! As always, we appreciate any and all contributions so if you have an idea or article let one of our team know. Have a safe and happy fall season! Northwest Florida Paralegal Association “We look forward to an exciting new year for NWFPA.” Page 3 Volume 5, Issue 4 ParaLegal News Fall 2014 Using Your Paralegal Career to the Fullest—Continued The Supreme Court of Washington adopted the Limited Legal Technician Rule which allows regulation and education for paralegals to practice law (albeit very limited) in the areas approved by the Court. This allows paralegals to use their skills to provide services in the area of “family law, housing, consumer law, and other basic needs.” The Court is certainly aware of the necessity to protect the public, but the public has a definite need for access to the legal system. Under APR 28, specific qualifications and education are laid out before an LLLT license can be attained after ensuring the paralegal for this field has been vetted by several criteria such as: (1) a minimum associate level degree, (2) 45 credit hours of core curriculum in legal studies from an ABA approved program, and (3) attended practice area courses developed by or in conjunction with an ABA approved law school. However, as stated, the ability to practice is very narrow and limited to the following: • Informing clients of procedures and the course of legal proceedings, • Providing approved and lawyer prepared self-help materials, • Reviewing documents and exhibits from the opposing party and explaining them to clients, • Selecting, completing, filing, and serving approved and lawyer prepared forms and advising of their relevance, • Advising clients of necessary documents and explaining their relevance, and • Assisting clients in obtaining necessary documents. For more information on this program, you can visit: www.wsba.org/lllt. The program out of Washington State, along with California and New York’s willingness to follow suit, is exciting and worth watching, but there is more locally that can be done with your paralegal career. Some of the initiatives taking place in our nation are not quite available in the State of Florida, but for those considering a move to another state or who live near the borders of Mississippi, Alabama or Georgia, paralegals as mediators is certainly a viable option for those who are qualified and so inclined to make that a part of their career. Each state has its own requirements for those wishing to venture into this field and they vary quite a bit; therefore, it is important to research each state carefully. For example, in Georgia, to be a mediator in family matters a paralegal would need to 1) satisfy the requirements for general mediators; 2) have bachelor’s degree from accredited 4-year college; 3) observe one mediation and co-mediate two divorce/custody cases with veteran mediator; and 4) have 40 hours of domestic relations training including training on domestic violence.3 Even in our State of Florida there are ways nonattorneys can be a mediator. Mediators are not just used in courts. It should be pointed out that there are no state requirements for mediators working in private settings/business. Typically, these private mediators must usually meet specific training or “experience standards to practice in state-funded or court-appointed mediation cases.” According to the Bureau of Labor & Statistics, “most states require mediators to complete a 40-hour basic course in mediation and a 20-hour advanced or specialized training course.”4 _______________________________________________________________ 3Leila Taaffe, Georgia Office of Dispute Resolution; http://www.ganet.org/gadr/; Tracy B. Johnson, 6th District ADR Program; http://www2.state.ga.us/ courts/adr/adrrules.htm; http://www.mediationworks.com/medcert3/staterequirements.htm 4Bureau of Labor Statistics, U.S. Department of Labor, Occupational Outlook Handbook, 2014-15 Edition, Arbitrators, Mediators, and Conciliators, at http:// www.bls.gov/ooh/legal/arbitrators-mediators-and-conciliators.htm Northwest Florida Paralegal Association Page 4 Volume 5, Issue 4 Newsletter Title ParaLegal News Fall 2014 Page 5 Using Your Paralegal Career to the Fullest—Continued Akin to mediation is arbitration. Nationally, licenses are required for arbitrators and conciliators and each state’s requirements vary widely. Some states require licenses appropriate to applicant’s field of expertise. Not all are lawyers or retired judges, but often times business professionals with expertise in a particular field, such as construction or insurance. As would be expected, knowledge of that industry is crucial to be able to communicate effectively with people from different cultures and backgrounds. A visit to the American Arbitration Association website’s “Areas of Expertise” tab can provide you with insight as to whether or not your particular field or focus could be turned into an opportunity to be an arbiter. Not interested in actually taking a part as an LLLT, mediator or arbitrator? There are yet other ways to use your paralegal career outside of the law firm since competition is tough as there are many new and highly qualified legal support professionals in the market for a job today. Many seem to be competing for the same position and the competition can be brutal! It can be hard enough to get an interview and even more so to get the position after the interview. If you are continuing to hit a dead end and desire a different direction to your career, but love being a paralegal, then read on! Take advantage of your work experience and highly honed skills as a paralegal and start looking for opportunities outside of the legal office. One option is corporations. Corporations are the second-largest employer of paralegals, but only 15% of paralegals work in corporations. Banks, insurance companies, brokerage firms and manufacturing companies are all examples of corporations that employ paralegals.5 Health care providers/companies need paralegals for their in-house counsel and compliance departments. These companies also need paralegals as contract specialists and compliance experts due to their keen attention to detail. Another option can be with governmental entities. Federal, state and local government agencies need and recruit paralegals. On the federal level, paralegals are employed by the U.S. Department of Justice, the Interstate Commerce Commission, the Securities and Exchange Commission and the Federal Trade Commission, with many more not listed here. On the state level, you can look at state agencies and offices of state attorneys general, as well as checking into the district attorney, public defender, and city attorney offices in your area.6 It should also be noted that oftentimes paralegals are employed by the courts as administrators to manage dockets and personnel. Some even offer the opportunity to conduct legal research for the judge. These type positions may not always be advertised or considered “paralegal positions”. Such opportunities could include export compliance specialists tasked with investigating commodities and data being exported outside the United States. There are also patent examiners who aid the government in researching inventions that are eligible for patents. Paralegals can even be utilized as Guardians Ad Litem. _______________________________________________________________________________________________________________ 5Barbara Bernardo, Paralegal: An Insider's Guide to One of Today's Fastest-Growing Careers (Paralegal) (Princeton, New Jersey: 1993, Peterson’s Guides) 29. 6Jo Southard, Paralegal Career Starter 2e (New York: 1998, Learning Express) 18-19 Northwest Florida Paralegal Association Page 5 Volume 5, Issue 4 ParaLegal News Fall 2014 Using Your Paralegal Career to the Fullest—Concluded There are also other ways to use your career within Administrative Law such as within the Social Security Administration and Veteran’s Administration. The website for the Social Security Administration states specifically that a person seeking help through the SSA “has the right to be represented by … other representative while pursuing a claim or other rights under titles II, XVI, and XVIII of the Social Security Act.” The National Association of Legal Assistants/Paralegals (NALA) even has a program to help you along. If that is an area that appeals to you, you should look into NALA’s Social Security Disability Advanced Paralegal Certification course and learn how to help those who need it. The list of opportunities just goes on and on as you can ascertain from Shelley Riseden’s July 14, 2014 article: 10 Things You Can do With a Paralegal Degree7. You just have to read between the lines of an advertisement or job posting. Just because the advertised position does not have the word “paralegal” in it does not mean that you are not qualified. You can bring your paralegal skills to those positions. However, if there are no advertisements, and unless you know someone, how can you land a position that suits your skills? The answer is LinkedIn. NWFPA’s newsletters have covered the benefits of LinkedIn, and if you are looking to stretch your career into an area outside of the law firm, this is a great resource for locating that ideal position. In fact, Stephanie Sammons, LinkedIn expert and Digital Business Strategy and Marketing Advisor for Sammons Ventures, LLC, stated in a recent article on Social Media Examiner that “LinkedIn groups offer one of the best ways to make the most of your social media engagement time”. For tips on how to get the most out of LinkedIn to improve your career options, check out another Riseden article entitled: “How to Use LinkedIn Groups to Advance Your Career”8. Times are tough and there seems to be a lot of highly qualified people seeking the same law firm positions. This puts these firms in a position to dictate the market on how much to pay and what you have to do in your career. Why not break the cycle and think outside the law office box for a position that uses your very valuable paralegal skills in a new and exciting way and furthers your career at the same time. __________________________________________ 7Paralegal Alliance » Blog » 10 Things You Can do With a Paralegal Degree http://www.paralegalalliance.com/paralegal-degree/#axzz37Ytnq4XY 8Riseden, Shelley (August 18, 2014). How to Use LinkedIn Groups to Advance Your Career. http://www.paralegalalliance.com/linked-in-groups-toadvance-your-career/#axzz3aqpx48as Northwest Florida Paralegal Association Page 6 Volume 5, Issue 4 Newsletter Title ParaLegal News Fall 2014 Page 7 Mediation: An Alternative Career for the Paralegal By Jenny L. Tucker Many people think that when they file a lawsuit they will have their day in court. However, most lawsuits are settled prior to trial. One of the methods used to get many lawsuits settled is Alternative Dispute Resolution. One of ADR's most successful tools is mediation. Mediation is when a neutral third party will work with both parties in a suit to facilitate an agreement. Litigation is costly and many people are foregoing trial in favor of mediation, and as more people have chosen this route, the demand for mediators is increasing. There are many alternative careers for paralegals available. However, paralegals are well suited to work as mediators in Alternative Dispute Resolution. It's an advantage to already know the inner workings of the court system and have familiarity with legal disputes and lawsuits when choosing mediation as an alternative career. Paralegals are often quite skilled at understanding the litigant's needs and have experience listening to witnesses. These skills are easily transferable to the field of mediation. Mediation is a proven way to successfully reach an agreeable solution that provides quite a bit of job satisfaction as well. According to the Dept. of Labor employment statistics, the national median salary for mediators is approximately $50,000 per year and is expected to rise as demand increases. Currently, there are no standards nationally or required training needed in order to be a mediator. Each state's rules will vary, so check with potential employers in your area to make sure you will be qualified to practice. National certification is well on its way to becoming a reality, so it's important now as a paralegal to choose a proper training program in order to have a successful career in the field. Training programs for mediation do not take up a large amount of time and are relatively affordable. When choosing a training program, look for one that has actual mediators as instructors. This will give you a fast track to the working world of mediators, and tends to make classes more up to date with technology, etc. Look for mediation training programs that offer a practicum, which is a simple way to get your feet wet in actual mediations. Northwest Florida Paralegal Association Page 7 Volume 5, Issue 4 Newsletter Title ParaLegal News Fall 2014 Page 8 Mediation: An Alternative Career for the Paralegal—Continued It's possible to specialize in certain types of mediation, for example, family law disputes will differ from business contract disputes, so choose a program that has these options. Paralegals often specialize in a particular type of law already, so choosing a mediation career in a field you are familiar with is an easy decision to make. Lastly, choose a program that is accredited. As any major university would be accredited, it's important to know you’re attending a legitimate mediation program that has been approved. Paralegals can choose to work as a mediator part time, or apply their paralegal skills to a mediation career full time. The skills, training and experience paralegals have make mediation an excellent alternative career choice. http://theparalegalplace.blogspot.com/2014/07/mediation-alternative-careerfor.html Reprinted with permission from Jenny L. Tucker. Go to The Paralegal Place for more tools, tips, resources, and tutorials to help paralegals and legal assistants. http://theparalegalplace.blogspot.com/ Northwest Florida Paralegal Association Page 8 Volume 5, Issue 4 Newsletter Title ParaLegal News Fall 2014 Page 9 GRAMMAR GURUS Inexcusable Grammar Mistakes By Elizabeth A. Crane, ACP, FRP In today’s office atmosphere, all of us use some form of document processing software and email programs that come standard with spelling, punctuation, and grammar auto-correct functions. Our smart phones and tablets also have auto-correct. With all of these services, mistakes should be obsolete… Unfortunately, it seems as though common grammar mistakes continue to persevere, meaning that we are either (a) too lazy to proofread our own writing, or (b) completely uninformed concerning proper business writing and the overabundance of mistakes that leave our offices daily. During the last month or so, I kept track of the mistakes I encountered, and the following mistakes can be found rampantly throughout pleadings, correspondence, invoicing to clients, and office emails: COMMONLY MISUSED WORDS: Assure vs. Ensure vs. Insure Assure is to promise or say with confidence. Ensure is to do or have what is necessary for success. Insure is to cover with an insurance policy. HIPPA vs. HIPAA HIPAA stands for the Health Insurance Portability and Accountability Act. HIPPA is nonsensical. Unexcusable vs. Inexcusable Inexcusable means without excuse or justification. Unexcusable is not a word. Who’s vs. Whose Who’s is a contraction of “who is”. Whose is the possessive of “who”. In addition to the common misused and misspelled words, there are common grammatical/punctuation errors as well. Northwest Florida Paralegal Association Page 9 Volume 5, Issue 4 Newsletter Title ParaLegal News Fall 2014 Page 10 GRAMMAR GURUS—Continued COMMON GRAMMATICAL ERRORS: Using an apostrophe to indicate plurality, such as “2 day’s to the weekend” or “that was popular in the 1980’s” is incorrect. The Chicago Manual of Style dictates: Don’t use an apostrophe to pluralize a proper name or other capitalized noun (i.e., Thursday’s, Jefferson’s, Italian’s— these are all incorrect). Do not use an apostrophe to pluralize a title. Do not use an apostrophe to pluralize a number (i.e., 1920’s is incorrect). Do not use an apostrophe to form the plural of capital letters used as words (i.e., URL’s and R’s are incorrect). Do use the apostrophe to form the plural of lowercase letters (i.e., mind your p’s and q’s). “Of” is a preposition, not a verb. “Should of”, “could of”, and “would of” is incorrect. The correct way is: “should have”, “could have” and “would have”. Whether we like it or not, we are judged based on our ability to communicate clearly and effectively in writing. And, more importantly, the credibility of the businesses and firms we work for are judged on our written communication. As such, we must take the time to use the auto-correct programs, proofread our writing, and continue to learn how to write more successfully. Northwest Florida Paralegal Association Page 10 Volume 5, Issue 4 ParaLegal News Fall 2014 DID YOU KNOW? NEW LAWS EFFECTIVE IN FLORIDA By: Tracey Parker The Florida legislature enacted (32) new laws effective October 1, 2014, creating and updating statutes pertaining to sexual offenders, one tourism based industry, medical facilities and others. Many of these changes could be in reaction to various high profile true stories that happened recently throughout the state. Here is some information about a few of these new laws: Parasail accidents in Pompano Beach (2007) and more famously in Panama City Beach (2013), involving one fatality and a horrifying video of two teenagers slamming into a high rise condominium (respectively), were the ammunition needed after years of legislators’ efforts to pass what is now known as the “White-Miskell Act.” Previously unregulated parasail businesses now have restrictions regarding: specific weather conditions they cannot operate during; operators (captains) must be licensed by the Coast Guard; and businesses are now required to carry $1,000,000.00 liability insurance. HB 485 reclassifies sex offenses against students by authority figures, and increases penalties for teachers and school authorities who take advantage of their students. Such sex offenses are reclassified “up” one degree if said conditions apply. Crimes against homeless persons are similarly reclassified as if against someone within a protected class such as race, sexual orientation, or ethnicity. Re-classifications essentially bump the crime “up” a degree (a first degree misdemeanor would bump up to a third degree felony, etc.) which means harsher sentences. Further, these changes mean longer sentences for adult on minor sex offenses, and stronger offenders’ reporting rules and sex offender registration requirements. There have been a rash of illegal bathroom cameras in the news this year. One man was recently sentenced in Okaloosa County for charges including video voyeurism at a business where he was a contract employee. A Clay County man was recently sentenced for establishing cameras in his home bathroom and producing child pornography. Both men received fifteen years sentences. As of October 1st, voyeurism in Florida now includes “secretly observing another person’s intimate areas in which the person has a reasonable expectation of privacy, when the other person is located in a public or private dwelling, structure, or conveyance.” Awareness and recognition of “cyber bullying” has been prominent in the cultural dialogue of late. Addressing cyber threats, Florida legislators added “electronic communication,” which includes communication via social media, to the statute prohibiting the sending of letters threatening to kill or injure someone. This law covers both signed and anonymous threats and any type of threat to cause bodily harm. Other laws include HB 59, which establishes “a crime against unborn children” regarding people who attack pregnant women, regardless of the length of the term of pregnancy, and can be construed to include harming an unborn child in a car accident. It has been reported by news media that this law is in reaction to a Tampa man who deceived his girlfriend into taking a miscarriage inducing pill without her knowledge. Northwest Florida Paralegal Association Page 11 Volume 5, Issue 4 ParaLegal News Fall 2014 NWFPA ACTIVITIES - 2014 Annual Seminar—September 12, 2014 Shelley Reynolds, Esquire speaking about Deposition Preparation Valerie Prevatte, Esquire speaking about Jury Selection NWFPA’s own Caroline Peterson giving a presentation on Medical Malpractice NWFPA’s own Kris Hill introduced each speaker at the seminar Northwest Florida Paralegal Association Page 12 Volume 5, Issue 4 ParaLegal News Fall 2014 NWFPA MEMBER & TEAM SPOTLIGHT— By Caroline Peterson, RN, FRP & Jenice C. Jones, CP, FRP NAME: Kris Hill, ACP, FRP FIRM: Escambia County Attorney’s Office ACTIVE MEMBER WHY DID YOU BECOME A PARALEGAL: After my previous “career” had become obsolete, I wanted to find a career in an area that was growing and would continue to grow with the technology that was becoming available. I’d always been interested in the law, so I went to UWF to get my legal studies degree. WHAT DO YOU ENJOY MOST ABOUT BEING A PARALEGAL: My goal has always been to work in government. I was fortunate to first work in the Federal Courthouse with Magistrate Judge Susan Novotny, and now in the County Attorney’s Office. I really enjoy legal research, and working in local government provides me with interesting, and sometimes quite unusual, research questions. WHAT DO YOU WANT TO ACCOMPLISH THIS YEAR PERSONALLY AND PROFESSIONALLY: I’m working on a project which has been very satisfying—both personally and professionally-- that I’m hoping to complete this year (I’m not at liberty to say more yet!). WHAT DID YOU ENJOY MOST ABOUT BEING ON THE EXECUTIVE BOARD: Being on the board has been a great learning experience for me—in terms of working with our very smart and talented board members, in terms of learning about leadership skills and association governance, and in terms of bringing what I’ve learned through my NALA experiences to our local association. PERSONAL: Back in the day, I was one of those hippies who backpacked around Europe and the United States. Having those experiences at a young age helped to define who I am today. In our busy lives, it’s important to keep those child-like qualities of curiosity, joy, and daring. One of my favorite quotes is from Helen Keller: “Life is either a daring adventure, or nothing.” NWFPA CHRISTMAS TEAM CHAIR: Regina Vino MEMBERS: Regina Vino, April Swift, Brianna Poff, Caroline Peterson, Deb Johnson, Gina Milam, Latisha Jones, Michelle Mertins and Tracey Parker OVERVIEW: The Mission of the Christmas Team is to hold an enjoyable social holiday lunch event for NWFPA members. For the majority of the years since 2008, the committee has decided to hold an auction to benefit Children’s Services Center, resulting in a sizeable contribution to this worthy organization (NWFPA 2013 donation to Children’s Services Center was over $4,000). The event also includes door prizes and raffles and another charitable gift drive – last year and this year we will be holding a donation drive to benefit Favor House. Nonetheless, every year it is the entire team that decides on the event, so each year can be different from the last, but the event is guaranteed to be fun for all attendees! Northwest Florida Paralegal Association Page 13 Volume 5, Issue 4 ParaLegal News Fall 2014 NWFPA MEMBER & TEAM SPOTLIGHT—(continued) NAME: Vladyslav Mokrenko STUDENT MEMBER SCHOOL: I am an international student from Ukraine and am currently attending UWF. Prior to coming to the U.S., I attended the Prosecutors Training Institute of the National University for 3 years. I had a full government scholarship and a 3 year contract with the Attorney General Office of Ukraine. However I wanted to expose myself to the common law system by studying in the U.S. AREA OF LAW: I am interested in Corporate (Business), Criminal & Civil law WHY DID YOU CHOOSE THE PARALEGAL FIELD: Since a very young age, I couldn’t see myself as anything but a lawyer. Since then, law studies, history and humanities were my primary areas of interest. I am planning to work as a paralegal upon my graduation from UWF in December 2015 as part of the Optional Practical Training Program. I've also just received an Employment Authorization and am currently seeking employment in a legal related sphere. I am planning on going to law school after getting some experience in the legal field as a paralegal. PERSONAL: I was raised in a military family. My father was a major in the Ukrainian Army with 28 years of service. He retired this past December as he would have been forced to act against the Ukrainian people during the protest in Kiev. My father has a master’s degree in military engineering and artillery and my mother has a master’s degree in biology and geography. She is currently an entrepreneur selling French perfumes in Ukraine. I enjoy fishing, swimming, scuba diving and table tennis. On my last vacation in North Carolina I proposed to my girlfriend, Polina, who is also an international legal studies student from Ukraine, so we are now officially engaged! NAME: Dana Martinez-Jones, ACP REMOTE MEMBER FIRM: Health Care Navigator in Tampa, FL AREA OF LAW: Medical malpractice defense of long term care facilities, HIPAA compliance, and litigation of professional and premises liabilities issues. WHAT DO YOU LOVE MOST ABOUT BEING A PARALEGAL: The variety of work and the sense of accomplishment I get when I know I am doing my best for my company and my boss. I also love learning new states’ laws. Professional goals (short-term or long-term): My professional long-term goal is to get a Certified HIPAA Privacy Expert (CHPE) designation. My short-term goal is to get another ACP, this time in Discovery. PERSONAL: I am going to adopt my beautiful daughter, Faith. I was blessed to raise her since she was 3 years old and it is about to be official that she will legally be mine. I am the proud mother of 5 children and grandmother of 4. My hobby is working out. I love it and workout most every weekday morning before work. Northwest Florida Paralegal Association Page 14 Volume 5, Issue 4 ParaLegal News Fall 2014 IN SUMMARY—Highlights from NALA’S Facts & Findings By: Dana Martinez-Jones, ACP As everyone knows foreclosures are quite common, especially here in Florida. Foreclosure law is not just your run of the mill practice either; it requires a specialty which is discussed in the article entitled The Foreclosure Paralegal-An Inside View. Pamela Tillison, CP, FRP, a Litigation Paralegal out of Orlando, Florida discusses the foreclosure process from the plaintiffs’ point of view in the September/October issue of Facts & Findings1. Interestingly, foreclosure is often divided into a few sections for handling by many in a firm. There is “Contested” and “Uncontested” and various departments even within those two categories. She states that most paralegals start off in the “uncontested” department. This department is typically divided into stages of the foreclosure process which may include departments such as a hearings department due to the sheer volume of those being heard before the court and also a separate department to handle the foreclosures sales. It was noted by the author that “of all the departments in the foreclosure firm, the sales department is by far the most stressful". She supports this by stating that mistakes with numbers and/or decimal points can cost clients thousands and thousands of dollars. Despite the stress, paralegals can gain invaluable experience by starting off in the area of the “uncontested department” of a law firm. In the contested departments, there is quite a volume for those who practice in that arena as well. It is very fast paced and requires paralegals who are “seasoned” and able to handle a large volume of work. The foreclosures in these stages require the paralegals to help assist with moving the cases along to the courts at a much faster pace than typical litigation as this saves the client, and importantly, the court, a lot of time and resources. This paralegal will need to be a “jack/jill of all trades”. Organizational skills, resourcefulness, and a mastery of time management is an absolute must in this department as well as keeping up with demanding clients who usually expect a 24-hour response to their emails. Ms. Tillison provided some great tips for handling the stress and these tips are easily applicable to all areas of the law for which paralegals work: 1) READ! A successful paralegal ______________________________________________ 1Tillison, Pamela. (2014). Real Estate Law: The foreclosure Paralegal-An Inside View. Facts & Findings/The Magazine for Paralegals, Volume XLI Issue 1, pages 20-21. Northwest Florida Paralegal Association Page 15 Volume 5, Issue 4 ParaLegal News Fall 2014 IN SUMMARY—(continued) will need to stay current on all the administrative orders, government regulations, and even the clients’ policies as they have a tendency to change frequently. Staying on top of all these changes is critical in order to succeed. 2) Develop your soft skills! She provides three areas of “soft skills” that can help one be successful in this high stress atmosphere. A. Emotions. She states it is easy to get emotional dealing with temperamental or demanding attorneys, upset borrowers, and clients who expect immediate results and responses to their demands. Control of the emotions is extremely important because anger and frustration cannot be allowed to slip into a negative state of mind. Stay Calm and carry on! B. Communication! It is also a must because clear and detailed explanations to the courts, the clients and the borrowers can help ease a stressful situation. C. Time Management! With such a voluminous caseload, this is an absolutely must for a successful paralegal. Not only does the day need to be managed, but a good paralegal must be able to switch horses in midstream while still staying on top of demanding deadlines. And the final tip: 3) Keep current on Soft Skills such as NALA Certification, CLE, and keeping up-to-date with September 2014 the latest software to help with efficiency. She closes with a sound advice for the foreclosure paralegal. Yes, it can be a stressful job, but it can be rewarding as well. A foreclosure paralegal can help the borrower stay in their home by assisting them with a completion of a loan modification or even with pointing them to where they can reinstate their mortgage. Yes, the lenders are the clients for the plain- Members of NALA Affiliated Associations who are not NALA members may subscribe to FACTS & FINDINGS at the special rate of $25 annually (six issues per year). Go to www.NALA.org to subscribe. Northwest Florida Paralegal Association Page 16 Volume 5, Issue 4 ParaLegal News Fall 2014 Click on the course name for a course description, registration, and speaker bio information. Day and Time Central Time LIVE! Course Category October 2014 Wednesday, October 15, 2014 Noon – 2 pm A Beginner's Look at Immigration Law Dara D. Fernandez, Esq. General CLE Thursday, October 16, 2014 Noon – 1:30 pm Basic Ethics: Part 1 Vicki Voisin, ACP General CLE/Ethics Certified Paralegal Exam Review Friday, October 17, 2014 1 – 3 pm The Art and Science of Witness Interviews Elizabeth H. Nellis, ACP General CLE Monday, October 20, 2014 Noon – 1:30 pm Clean Water Act I Rebecca E. Patty, JD General CLE Monday, October 20, 2014 2 – 3:30 pm Military Justice Donna C. Alderman, ACP General CLE Tuesday, October 21, 2014 11 am– 12:30 pm Social Security Disability Appeals Version 3.0: Preparing for, and appearing at the Social Security Hearing Melvin E. Irvin, CP General CLE Advanced Tuesday, October 21, 2014 3 – 5 pm Wednesday, October 22, 2014 Noon – 1:30 pm Evidence Part 3 Karen Sanders-West, ACP, JD Family Law: Learning how not to do it like the celebrities Laura T. Eubank, Attorney General CLE Advanced General CLE Thursday, October 23, 2014 Noon – 1:30 pm Basic Ethics: Part 2 Vicki Voisin, ACP General CLE/Ethics Certified Paralegal Exam Review Friday, October 24, 2014 Noon – 1:30 pm Utilizing Online Resources to Research Experts David V. Dilenschneider, Esq. General CLE Monday, October 27, 2014 Noon – 1:30 pm Clean Water Act II Rebecca E. Patty, JD General CLE Tuesday, October 28, 2014 Noon – 1:30 pm Improving Case Management with LPM Megan McGrew, Esq., PMP General CLE Wednesday, October 29, 2014 Noon – 1:30 pm Intellectual Property Law and the Internet Christopher Holland, Attorney General CLE Thursday, October 30, 2014 Noon – 1:30 pm The Ethical Use of Paralegals Vicki Voisin, ACP General CLE Ethics Friday, October 31, 2014 Noon – 1:30 pm QDROs for Dummies or the Insane Belinda A. Thomas, ACP General CLE Intermediate November 2014 Monday, November 3, 2014 Noon – 1:30 pm Northwest Florida Paralegal Association Contracts: An Overview Donna C. Alderman, ACP General CLE Page 17 Volume 5, Issue 4 ParaLegal News Fall 2014 Click on the course name for a course description, registration, and speaker bio information. Day and Time Central Time LIVE! Course Category Monday, November 3, 2014 Noon – 1:30 pm Contracts: An Overview Donna C. Alderman, ACP General CLE Tuesday, November 4, 2014 Noon – 1:30 pm Mergers and Acquisitions Nicholas M. Oertel, Attorney General CLE Wednesday, November 5, 2014 Noon – 1:30 pm Thursday, November 6, 2014 Noon – 1:30 pm Digital Evidence: Find it, Harvest It and Use It Daniel DeSouza, Attorney Microsoft Outlook Skills/Microsoft Word for the Legal Professional Denise E. Ash General CLE General CLE Non-substantive Thursday, November 6, 2014 3 – 5 pm Civil Litigation: Part I Karen Sanders-West, ACP, JD General CLE Friday, November 7, 2014 Noon – 1:30 pm Water Rights: Your or Mine? Karen Bishop General CLE Monday, November 10, 2014 11 am – 1 pm Fact Investigation and Analysis Patricia J. Gustin, CP General CLE Monday, November 10, 2014 1:30 – 3 pm Medical Bills/Liens Amy H. Johnson General CLE Intermediate Wednesday, November 12, 2014 Noon – 1:30 pm Commercial Real Estate Closings Eva M. Merrell, ACP General CLE Wednesday, November 12, 2014 2 – 3:30 pm School Law Sherri D. Goodman, Esquire General CLE Thursday, November 13, 2014 Noon – 1:30 pm Advanced Ethics Vicki Voisin, ACP General CLE Advanced, Ethics Thursday, November 13, 2014 3 – 5 pm Civil Litigation: Part II Karen Sanders-West, ACP, JD Cert Paralegal Exam Review General CLE Friday, November 14, 2014 11 am – 1 pm Legal Research Virginia Koerselman Newman, Attorney Cert Paralegal Exam Review General CLE Friday, November 14, 2014 1:30 – 3 pm Soft Skills Darleen T. Dozier, ACP General CLE Non-substantive Tuesday, November 18, 2014 Noon – 1:30 pm Legal Teamwork: Attorney/Paralegal Relationships Stephanie B. Elliott, NCCP and William E. Moore, Jr., Attorney General CLE Non-substantive Wednesday, November 19, 2014 Noon – 1:30 pm Patent Prosecution J. Nevin Shaffer, Jr., PA General CLE Intermediate Thursday, November 20, 2014 Noon – 1:30 pm Thursday, November 20, 2014 3 – 5 pm Ethics and Technology Vicki Voisin, ACP Civil Litigation: Part III Karen Sanders-West, ACP, JD General CLE Ethics Northwest Florida Paralegal Association General CLE Page 18 Volume 5, Issue 4 ParaLegal News Fall 2014 Click on the course name for a course description, registration, and speaker bio information. Day and Time Central Time LIVE! Course Category Friday, November 21, 2014 10 – 11:30 am How Section 529 College Savings Plans Fit YOUR Practice Christopher T. McGee, GC General CLE Non-substantive Friday, November 21, 2014 Noon – 1:30 pm Managing the Equitable Distribution Case in the Family Law Practice Belinda A. Thomas, ACP General CLE December 2014 Tuesday, December 2, 2014 11 am – 12:30 pm Estate Planning When Beneficiaries are Receiving SSDI and SSI Melvin E. Irvin, CP General CLE Tuesday, December 2, 2014 3 – 5 pm Freedom of Information Act Karen Sanders-West, ACP, JD General CLE Wednesday, December 3, 2014 Noon - 1:30 pm Applicable Exclusion Amount to Offset Federal Gift Taxes and Federal Estate Taxes Edward Armstrong, Attorney General CLE Intermediate Thursday, December 4, 2014 Noon - 1:30 pm How to Help Your Client When the EPA Comes to Regulate Rebecca E. Patty, JD General CLE Intermediate Friday, December 5, 2014 11 am – 1 pm Written Communications Virginia Koerselman Newman, Attorney Certified Paralegal Exam Review General CLE Monday, December 8, 2014 Noon - 1:30 pm Ethics and Movies: What We Learned From A Civil Action Rebecca E. Patty, JD General CLE Tuesday, December 9, 2014 11 am – 12:30 pm Basic Business Organizations Kelly A. LaGrave, ACP Certified Paralegal Exam Review General CLE How I Learned to Stop Worrying and Love Social Media Wednesday, December 10, 2014 Jason Pill Noon – 1:30 pm (Title changed from Social Media Outlets: How to Access Information, Prepare Subpoenas and What to Ask For) Friday, December 12, 2014 11 am - 1 pm Judgment and Legal Analysis Virginia Koerselman Newman, Attorney General CLE Certified Paralegal Exam Review General CLE Remember, all times are listed in Central Time. To register for a course click on the course title. Northwest Florida Paralegal Association Page 19 Volume 5, Issue 4 ParaLegal News Fall 2014 The Northwest Florida Paralegal Association elected a new Executive Board for 2014-2015. President: Debra Bass, FRP 1st Vice President: Heidi Yefremov 2nd Vice President: Regina Vino, FRP Secretary: Donna M. Nall, FRP Treasurer: Tracey Parker Parliamentarian: Rebecca Hardy, FRP NALA Liaison: Aurora Osborn, CP (Pictured from L-R: Tracey Parker-Treasurer, Debra Bass-President, Heidi Yefremov, 1st Vice-President, Regina Vino-2nd Vice-President, Rebecca Hardy-Parliamentarian, and Aurora Osborn-NALA Liaison. Not pictured: Donna Nall-Secretary) Congratulations Ladies! We look forward to a wonderful 2014-2015 fiscal year! Northwest Florida Paralegal Association Page 20 Volume 5, Issue 4 ParaLegal News Fall 2014 Hear ye, hear ye…. **2015 Paralegal Cruise** Paralegals Navigating Perilous Waters 2015 ESRBA SEMINAR “The Nuts and Bolts of Personal Injury” January 30, 2015—February 2, 2015 When: Friday, November 21, 2014 Where: M.C. Blanchard Judicial Building, Jury Assembly Room Departing Miami, Florida and visiting Nassau, Bahamas and Norwegian’s private paradise, Great Stirrup Cay Contact ESRBA for more infor- Go to http:// paralegalcruise.com/ for more information SAVE THE DATE NWFPA 2014 CHRISTMAS SOCIAL TUESDAY, DECEMBER 9, 2014 Location: Portabello Market Details to follow Northwest Florida Paralegal Association Page 21 Volume 5, Issue 4 ParaLegal News Fall 2014 NWFPA Executive Committee 2014-2015 President: Debra Bass, FRP nwfpa.president@gmail.com 1st Vice-President: Heidi Yefremov nwfpa.1stVP@gmail.com 2nd Vice-President: Regina Vino, FRP nwfpa.2ndVP@gmail.com Secretary: Donna Nall nwfpa.secretary@gmail.com Tracey Parker nwfpa.treasurer@gmail.com Treasurer: Parliamentarian: Rebecca Hardy, FRP nwfpa.parliamentarian@gmail.com NALA Liaison: Aurora Osborn, CP nwfpa.NALA@gmail.com NWFPA Mission Statement The Northwest Florida Paralegal Association is dedicated to encouraging the ethical and professional growth of paralegals in the northwest Florida area by providing continuing education to members of the paralegal profession; by providing a venue for members to interact with other members of the legal community; and by supporting and carrying out the programs, purposes, aims and goals of the National Association of Legal Assistants, Inc. Northwest Florida Paralegal Association P.O. Box 1333 Pensacola, FL 32591-1333 www.nwfpa.com Follow us on: Northwest Florida Paralegal Association Newsletter Committee: Jenice C. Jones, Chair/Editor jenice@coastalalg.com Elizabeth Crane Sylvia Jarrett Caroline Peterson Dana Martinez-Jones Taxie Lambert Tracey Parker Regina Vino, Proofreader Page 22
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