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
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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
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Volume 5, Issue 4
Newsletter Title
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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
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ParaLegal News
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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
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Newsletter Title
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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.
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Newsletter Title
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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
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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
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Volume 5, Issue 4
Newsletter Title
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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
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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.
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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
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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
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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
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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
[email protected]
1st Vice-President:
Heidi Yefremov
[email protected]
2nd Vice-President:
Regina Vino, FRP
[email protected]
Secretary:
Donna Nall
[email protected]
Tracey Parker
[email protected]
Treasurer:
Parliamentarian:
Rebecca Hardy, FRP
[email protected]
NALA Liaison:
Aurora Osborn, CP
[email protected]
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
[email protected]
Elizabeth Crane
Sylvia Jarrett
Caroline Peterson
Dana Martinez-Jones
Taxie Lambert
Tracey Parker
Regina Vino, Proofreader
Page 22