The Briefcase - NALS of Missouri
Transcription
The Briefcase - NALS of Missouri
The Briefcase Affiliated with NALS …the association for legal Volume 58, Issue 4, Spring 2015 President’s Message “Stepping Forward” with Christy Wittmaier TABLE OF CONTENTS WILL YOU MISS IT? President’s Message …….. 1 Official Call to Annual Meeting ………………….2 Ann. Mtg. Invitation …..... 3 Ann. Mtg. Registration ..... 3 Ann. Mtg. Agenda….….…4 Official Program Advertising Rates……………….....5 NALS of Mo Officers…....6 NALS of Mo Committee Chairs………………….....6 Rules of Membership Meetings ………………....7 Chapter Reporting Form………….……….…8 Legal Quiz……………9, 10 Briefcase Hikers….…..…10 Local Chapter Meeting Information/Contacts…..10 Coming Events……..…...11 Other NALS News & Events …………….…....12 Quiz Answers …………..13 Law & Order Conference. . . . . . . . . .13-15 Mission Statement …….. 16 Code of Ethics…….…... 16 NALS of Missouri has been instrumental in providing legal support staff with education, networking and resources from which its members have benefitted from since 1956. When attending meetings, I always hear stories about “the good ole days,” and think how inspiring those events must have been. Although the current membership is considerably less than the good ole days, members of NALS of Missouri are still creating memories, connections, and offering priceless education. However, in order for NALS of Missouri to withstand the difficult times, its members must sit up and pay attention to the association. We must continue to provide events which create memories, connections and provide valuable education to legal support staff. We all have a duty to ourselves to progress and develop, and the duty we have as members of NALS of Missouri is no different. Every organization has strengths and weaknesses and will experience ups and downs, but it is those organizations who take the blinders off, join together and focus on the future of the organization that mends the weaknesses, and turns the downs up. This is true survival. I encourage every member to join in the commitment to come together with fellow members and be proactive in the survival of NALS of Missouri. We must do this together! Christy Page 2 The Briefcase Volume 58, Issue 4, Spring 2015 Page 4 The Briefcase Volume 58, Issue 4, Spring 2015 Page 5 2014-2015 NALS of Missouri Officers! President: Christy Wittmaier [email protected] President Elect: Melissa D. Sharples, PP [email protected] Secretary: Charniece Rollie [email protected] Treasurer: Debbie L. Jackson, PP, PLS [email protected] Education: Delores M. Champ, PP, PLS [email protected] 2014-2015 Committee Chairs Award of Excellence: Briefcase Editor: Cheryl M. Sutton, PLS [email protected] Briefcase Advertising: Joyce A. Bassett, PP, PLS [email protected] Michelle C. Greubel, PLS [email protected] Historian: Lori Muetzel, PP, PLS [email protected] Legal Training Course: Michelle Haughey, PP, PLS [email protected] MO Bar Liaison: Janet L. Higdon, PLS [email protected] Nominations and Elections: Georganne Hallemeier, PP [email protected] Past President: Karen Kubiak, PP, PLS [email protected] Scholarship: Jorja M. Hasbrouck, PP, PLS [email protected] T Fall Membership Sherri L. Krawitz, PP, PLS Meeting: [email protected] Winter Membership Sherri L. Krawitz, PP, PLS Meeting: [email protected] Annual Meeting: Lisa D. Tanner, PP, PLS [email protected] Certification: Cheryl A. Naylor, PLS [email protected] Chapter Achievement: Peggy Sullivan, PP, PLS [email protected] Court Observance: Delores M. Champs, PP, PLS [email protected] Credentials: Kelly Angle-Markley [email protected] Finance: Sherri L. Krawitz, PP, PLS [email protected] 2014 Financial Review Julie A. Pointer, PLS [email protected] Strategic Planning: Melissa D. Sharples, PP [email protected] Website: Shelly M. Kunz, PLS [email protected] hank you, Thank you, Thank you!!! Page 6 The Briefcase RULES OF MEMBERSHIP MEETING NALS OF MISSOURI The Rules of Procedure for the Association’s Membership Meetings shall be in compliance with the Association Bylaws, Standing Rules, and the current edition of Robert’s Rules of Order Newly Revised. 1. Meetings. The Membership Meetings of this Association shall begin and close as noticed. 2. Quorum. A majority of the voting members present and in good standing at the meeting shall constitute a quorum for the transaction of business. 3. Voting Power. A. All eligible voting members shall report to the Credentials Chairman upon their arrival to the assembly room no later than fifteen (15) minutes prior to each meeting session. B. The voting power of the Membership Meetings shall be based upon the total number of voting members present and in good standing at each Membership Meeting. C. Voting members shall be seated together in the same room during all Membership Meetings. The Board of Directors shall be seated at the rostrum. D. Each member shall be entitled to one (1) vote as a member in good standing on each question submitted to the meeting. E. 4. No proxy voting will be allowed. Write-in votes are allowed. Voting Procedures. Voting shall be by ballot except for those matters which properly may be approved by a general consent or voice vote. A. Majority. Majority vote by the members is necessary for approval of main motions and amendments. B. Two-Thirds Majority. A two-thirds majority vote by the members is required for approval of Bylaw and Standing Rule amendments. A two-thirds majority vote shall be taken by a rising vote C. Tie Vote. In the event of a tie vote, the members shall immediately proceed to vote by ballot to dissolve the tie. A clear majority shall be required to break a tie. In the event any ballot cast does not show a majority for any candidate, the nominee having the lowest number of votes on the first ballot shall be dropped, and the same procedure shall be followed until one (1) candidate has received a majority of all votes cast. In case of a tie vote after two (2) ballots have been taken, the election shall be governed by lot. 5. Privilege of Floor. Except at closed meetings, the privilege of the floor is granted to all members. 6. Motions. A. Introduction of business, motions, and seconds to motions may be made by any member. In so doing, the name and local chapter [or Member-at-Large] of said member shall first be given. B. 7. 8. All main motions shall be written, signed by the proponent and given to the President and Secretary before the close of the session at which they are offered. C. Any motion arising from a committee of two or more persons does not require a second to the motion. Debate. No speaker shall be permitted to speak more than twice on any one subject and not more than three (3) minutes each time, except on order or request of the Chair. A timekeeper shall be appointed by the President to enforce the rule. No member may speak the second time on the pending question so long as any member who has not spoken on that question claims the floor. Caucus. Should any member desire to confer with other members for counsel in casting votes, said member should rise and request an intermission of the meeting of the President, not to exceed ten (10) minutes, before a final vote on any one matter. Volume 58, Issue 4, Spring 2015 NALS of MISSOURI CHAPTER REPORTING FORM Chapter Chapter President This report covers: ○ ○ ○ Fall Membership Meeting and Seminars (May, June, July, August,) Winter Membership Meeting and Seminars (September, October, November, December) Annual Meeting (January, February, March, April) Please describe an activity or an event your chapter sponsored or participated in for this reporting period that increased the chapter's membership, finances, or community recognition. 1. Please list the monthly meeting education topics your chapter offered for this reporting period by providing the topic. 2. Please list any chapter events (other than monthly meetings) that your chapter held for this reporting period (i.e., seminars, training, Court Observance, Bosses Night, etc.). 3. 4. Please list any of your chapter's suggestions or concerns: [Please return the requested number of copies of this form to the NALS of Missouri President-Elect at least 20 days prior to the meeting. Thank you!] Page 8 The Briefcase LEGAL QUIZ: LAWYER ETHICS (borrowed from KCLSA’s April 2015 The Brief on Appeal) created by ifhaines 1. Lawyers must report past crimes committed by their clients that they learn about through conversations with that client. a. True b. False 2. Out of the following responses, which one is a lawyer not? a. The holder of a license b. An officer of the court c. A member of the judiciary d. A professional 3. Which of the following terms describe a lawyer who represents a client against one of the lawyer’s former clients? a. Bad business b. Conflict of interest c. An illegal act d. Malpractice 4. What term is used to describe an improper fee taken by a lawyer? a. Overreaching b. Unconscionable c. Criminal d. Improper 5. Does the attorney client privilege keep a lawyer from producing a weapon that a client asks the lawyer to hold? a. Yes b. No 6. Which of the following would be a reason for investigating the ethics of a lawyer? a. The lawyer being related to opposing counsel b. The lawyer convicted for receiving a speeding ticket c. The lawyer driving without a current drivers license d. The lawyer standing for election as a judge at the same time the lawyer actively practices law 7. If a lawyer’s client comes into the office and tells him or her that he is about to go to his estranged wife’s home to kill her, is the lawyer prohibited from reporting the imminent crime? a. Yes b. No 8. Jane was convicted of murder as a juvenile. In some U.S. states, is Jane eligible to receive a license as a lawyer during her lifetime? Volume 58, Issue 4, Spring 2015 LEGAL ETHICS QUIZ (continued from previous page) 9. What transgression was former President Bill Clinton disbarred for by the State of Arkansas? a. Lying to the public b. Perjury c. Having sex with Monica d. Not catching Osama bin Laden 10. Which of the following acts are most disbarred lawyers found to have committed? a. Failing to communicate with clients b. Malpractice c. Abandoning clients d. Misuse of a client trust fund Answers on page 13 Briefcase Hikers Just $5 will get your name in print in this publication for the 2014-15 year. You can send it to Cheryl Sutton at 2009 E. Mimosa St., Springfield, MO 65804. Here is the current list of “Hikers”: Dee Champ Meagan Cheong Christy Wittmaier Lori Rupar Georganne Hallemeier Linda Kirby Janna Dampier Cheryl Sutton Janice Rider Local Chapter Meetings NALS of Missouri local chapters usually host monthly meetings, providing opportunities for continuing legal education, leadership, networking, and local community service. The following is the contact information for each chapter in order to obtain the dates for the local chapter meetings: East Central Missouri Legal Professionals-3rd Tuesday of the Month (f/k/a Franklin County Association of Legal Support Professionals) Contact: Sherri Krawitz, PP, PLS ([email protected]) Heart of America Legal Professionals Association-3rd Thursday of the Month Contact: Charniece Rollie ([email protected]) KCLSA...the association for legal professionals-2nd Wednesday of the Month Contact: Peggy Sullivan, PP, PLS ([email protected]) Lakes Area Legal Support Association-3rd Monday of the Month Contact: Cindy Combs, PLS ([email protected]) NALS of Greater St. Louis-3rd Tuesday of the Month Contact: Brandi Brown Ingram, PLS ([email protected]) Springfield Area Legal Support Professionals-2nd Tuesday of the Month Contact: Kelly Angle-Markley ([email protected]) Page 10 The Briefcase COMING EVENTS NALS of Missouri Summer Executive Committee Meeting, May 30, Springfield The Fall NALS of Missouri Membership Meeting will be state hosted; watch for more details later. NALS 64th Annual Education Conference and National Forum October 8-10, 2015, Westgate Las Vegas Resort & Casino 3000 Paradise Rd., Las Vegas, Nevada 89109 Please note: From NALS.org: Following the news that the Riviera Hotel and Casino would be closing, we have been quickly working on a replacement venue. We are currently in the contract process with the Westgate Las Vegas Resort & Casino. As soon as contracts are finalized, we will publish room rates and links to reserve. Editor’s note: I previously read that if you made your reservation with the Riviera already, don’t cancel it just yet. I cannot find that now, but don’t panic, there is still plenty of time to transfer your reservation. OTHER NALS NEWS AND EVENTS NALS has hired new Certification/Education Manager, Melissa Wells. Please make her feel welcome when you have the opportunity. Friday, April 03, 2015 NALS Resource Center Closed For Holiday Monday, September 28, 2015 NALS September Certification Exams Wednesday, April 15, 2015 Application Deadline for June ALP Exams Thursday, October 15, 2015 Application Deadline for December ALP Exams Friday, May 01, 2015 Award of Excellence Nomination Deadline Friday, January 15, 2016 Application Deadline for March Certification Exams Monday, May 25, 2015 NALS Resource Center Closed for Holiday Saturday, March 26, 2016 NALS March Certification Exams Monday, June 01, 2015 NALS Foundation Grant Deadline Wednesday, July 15, 2015 Application Deadline for September Certification Exams Tuesday, September 01, 2015 NALS Foundation Grant Deadline Monday, September 07, 2015 NALS Resource Center Closed for Holiday Volume 58, Issue 4, Spring 2015 Page 11 Quiz Answers 1. B Because the attorney client privilege is held by the client, lawyers are specifically prohibited from telling anyone about any confidential information divulged by their clients. 2. C Members of judiciary are judges, magistrates, commissioners and referees. In most states, one must be a lawyer in order to qualify to hold one of these offices. 3. B No lawyer may represent a client against the interests of any other client, former or current. Although it may be bad business, it is not malpractice or illegal. 4. B A lawyer must charge a fee which is fair and reasonably related to the work done. 5. B The attorney client privilege only protects conversations or communications between a lawyer and his/her client meant to be confidential. 6. A There is an actual or perceived conflict of interest when a lawyer has a personal relationship to a lawyer representing the other side. This is generally prohibited. 7. B In most states, the lawyer is free to report the imminent crime to protect the potential victim. Generally, this is only allowed if the crime is one which would cause death or great bodily harm. Not every state however, requires the lawyer to report the imminent crime. 8. A Believe it or not, some states will allow convicted felons to become lawyers on a case by case basis. 9. B Bill Clinton’s law license was lifted by Arkansas (and later by the United States Supreme Court) for committing perjury at a deposition in a civil suit and in front of a grand jury. 10. D Lawyers have pretty much exclusive control over thousands of dollars not belonging to them in “client rust accounts”. Many disbarred lawyers dip into those funds improperly. YES! THEY PASSED! Individuals passing the ALP Exam in our area in December were: Cherie Leiker, ALP (KS) (KCLSA supporter) Lisa Loveless, ALP (KS) (KCLSA member) The Briefcase is a publication of NALS of Missouri, a chartered state association of NALS…the association for legal professionals. The materials contained herein are provided for general education purposes; they are not intended to, and do not constitute, legal advice. Permission to reproduce material appearing in The Briefcase must be obtained from the Editor. NALS of Missouri assumes no responsibility for the opinions and/or point of view expressed by contributors, and endorses no item or service other than those under the auspices of the Association. Association membership dues Page 12 The Briefcase Volume 58, Issue 4, Spring 2015 Page 13 Page 14 The Briefcase Volume 58, Issue 4, Spring 2015 Page 15 NALS of Missouri The Briefcase Interim Editor Delores Champ, PP, PLS Stewart, Cook, Constance & Minton, 501 West Lexington Avenue Independence, MO 64050 Phone: 816-833-1800 x. 19 Fax: 816-833-1805 E-mail: [email protected] We’re on the Web! http://www.nalsofmissouri.org/ Mission Statement NALS is dedicated to enhancing the competencies and contributions of members i n t h e l e g a l s e r v i c e p r o f e s s i o n . I t accomplishes its mission and supports the public interest through: Continuing legal education and resource materials; Networking opportunities at the local, state, and national levels; Commitment to a Code of Ethics & Professional Responsibility; and Professional certification programs and designations. “Like” us on Facebook! https://www.facebook.com/ groups/191869625721/ Code of Ethics Members of NALS are bound by the objectives of this association and the standards of conduct required of the legal profession. Every member shall: Encourage respect for the law and the administration of justice; Observe rules governing privileged communications and confidential information; Promote and exemplify high standards of loyalty, cooperation an courtesy; Perform all duties of the profession with integrity and competence; and Pursue a high order of professional attainment. Interim Editor’s note: Due to circumstances beyond her control, Editor Cheryl Sutton was unable to publish this issue of The Briefcase, so I was called upon to assist. Having not much time to assemble it, this issue is not as comprehensive as some, but I hope will suffice. Thank you for your understanding. Dee Champ Page 16 The Briefcase