News Briefs: In Our Latest Issue
Below are some of the latest happenings in the paralegal community. These
short snippets represent excerpts of stories that can be found in the
July/August ’07 issue of Legal Assistant Today.
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¿Hablas
Español?
Online Spanish-language
paralegal program is first in the U.S.
By Janet Roberts
The University of Miami
launched the first Spanish-language paralegal program in the U.S. on
April 2. According to David Lecón, J.D., program director, the
four-month, online certificate program is conducted entirely in Spanish,
opening up the paralegal program to students globally and allowing them
to enroll and get started within minutes.
“The program is
designed to help students whose first language is Spanish and wish to
pursue a career in the paralegal profession, but all legal terminology
appears in English as well as Spanish,” Lecón said. “As a foreign lawyer
myself, I understood the great potential of offering a course in Spanish
to Hispanics in the U.S. as well as lawyers in Latin America.” Lecón,
who received his law degree from Tulane Law School in New Orleans, was
born and raised in Spain and practiced in Madrid for Baker & McKenzie.
“We currently have 11
instructors [all attorneys], three dedicated exclusively to the online
Spanish program, and each attorney is totally bilingual with degrees
(including law) from Spanish-speaking countries as well as the U.S.,”
Lecón said.
Currently, UM is
enrolling students at
www.miamiparalegal.com. Because the program is online and doesn’t
operate by semesters or quarters, students can start any time.
Paralegal’s Scheming Comes to an End
Ohio woman faces prison
and civil lawsuit for attempted theft and tampering.
By Melody Ip
For nearly 20 years
Janet Jones, a former legal assistant in Ohio, forged documents and
deceived clients in Huron and Richland counties, profiting by at least
$1.4 million. On May 13, Jones entered a plea of no contest to charges
of attempted theft and tampering with records, and in July, Jones is
scheduled to be sentenced to four years in prison.
Jones’ illegal activity
dates as far back as May 1984 and continued through June 2003, according
to Rosemary E. Rupert, assistant attorney general, Ohio Attorney
General’s Office. Rupert was appointed by the Huron County Ohio
Prosecutor as a special assistant prosecutor to assist with the
investigation and prosecution. Rupert said she also is aware of a
pending civil lawsuit against Jones in Huron County, filed by family
members of Hazel Smith, one of Jones’ previous clients.
In 1963, Jones began
working for attorney Donald Akers in Plymouth, Ohio, as a legal
assistant. Akers’ son, Eric, joined the firm in 1975 and took over when
Donald Akers retired. Jones continued working as a legal assistant for
the firm under the younger Akers’ direction. When Eric Akers closed the
firm in late 1982 to become a professor at Ashland University in
Ashland, Ohio, Jones began advertising legal services out of her home.
“Even though Akers had
closed the law practice, he negligently allowed Jones to maintain the
appearance that his law practice office was still in operation through
Jones’ continued use of the office P.O. box, using Akers’ name with
clients, the public and the courts, and using Akers’ name on letterhead,
with the address and telephone number of Jones,” Rupert said.
“Essentially, clients thought they were using the services of Akers
when, in fact, they were dealing directly with Jones, and all
correspondence was going to Jones, not Akers.”
Since Jones’ initial
court appearance at the arraignment in Huron County, she has been free
on her own personal recognizance. She will begin serving her prison time
the day after the July sentencing. She can apply for judicial release
after serving two years in prison and the prosecutor will not oppose her
request. Jones agreed to forfeit her interest in real estate she
obtained during the commission of the crimes to which she pled no
contest. Property that Jones obtained from her crimes will be forfeited
and sold, with the proceeds distributed among victims of six estates.
Inside the Computerized Criminal Mind
Bankruptcy software
program found to have engaged in UPL.
By Tommy Sangchompuphen
The Ninth Circuit U.S.
Court of Appeals has effectively given notice to all legal software
developers that computers can engage in the unauthorized practice of
law, and those nonlawyers who operate the software companies will be
found guilty of UPL on the computer’s behalf.
In its Feb. 27 opinion
in Reynoso v. Frankfort Digital Services, Ltd. [No. 04-17190] the
California court unanimously agreed with a Ninth Circuit Bankruptcy
Appellate Panel that the seller of an Internet-based software program
that helped users prepare bankruptcy filings for $219 was guilty of UPL.
The software in
question, Ziinet Bankruptcy Engine, was the brain child of entrepreneur
Henry Ihejirika, who was doing business as Frankfort Digital Services,
the now-defunct Ziinet.com and 700law.com. Ihejirika sold access to
various Web sites he owned to help customers with bankruptcy filings,
including Ziinet Bankrupcty Engine. The software, while it was still
operating on its Web site, touted itself as an expert system that “knows
the law.” Users could enter their own data into the system, and the
program would then automatically generate personalized forms for the
users to file.
Other critics of the
ruling said the biggest losers are the public who would benefit from
much-needed legal information at lower costs, and those businesses who
want to make sure that the legal landscape is leveled between those who
can afford legal services and those who can’t. “I find the part of the
decision on UPL wrongheaded and luddite,” said Gerry Goldsholle, Esq.,
founder and chief executive officer of FreeAdvice.com in Sausalito,
Calif., a consumer legal and insurance advice site. “The decision might
embolden UPL enforcement fanatics to claim that all legal self-help
materials are the practice of law.”
According to Goldsholle,
because of the complexity of the bankruptcy code and changing rules as a
result of legislation, both lawyers and legal assistants must carefully
thread themselves and their clients “through a series of landmines.”
Stalford warned, however, that in doing so, paralegals must remember
their role in the legal system.
“I would say that
paralegals have to be conscious of the fact that they can’t give legal
advice. In other words, they can’t tell the bankruptcy client what to
do. If it’s an administrative or procedural question, perhaps then a
paralegal can say, ‘yes, you will have a meeting of the creditors,’ for
example,” she said. “But when it comes to asking the client whether he
wants to retain his car or reaffirm his debt, then that is something the
client needs to talk to an attorney about. It’s really no different from
any other area of law.”
N.C. State Bar Passes New Ethics Opinion
Paralegals now
permitted to sign for attorneys under exigent circumstances.
By Rachel Ng
Over the years,
paralegals have increasingly become recognized as essential members of
law firms and the “right hand” to lawyers. Now, in North Carolina, legal
assistants can sign pleadings and court documents on behalf of their
supervising attorneys in the attorneys’ absence if exigent circumstances
exist.
Passed on Oct. 20,
2006, by the North Carolina State Bar Ethics Council, Formal Ethics
Opinion 13 states that “if exigent circumstances require the signing of
a pleading in the lawyer’s absence, a lawyer may delegate this task to a
paralegal or other nonlawyer staff.” To clarify that he or she is
signing on behalf — and not in place of — the attorney, the paralegal is
required to put his or her initials after the lawyer’s signature. In
addition to closely supervising the paralegal, the attorney must also
make sure that the signing will not violate any laws, court orders,
local rules or civil procedures.
“I think that the
lawyers on the [ethics committee] council realized that a client could
be harmed if there was not a practical way to address the few times when
there are ‘exigent’ circumstances that prevent the lawyer from signing
the pleading,” said Alice Neece Mine, assistant executive director and
ethics counsel of the NCSB.
Although Mine said this
is the first time the issue has been brought to the NCSB, she presumes
the practice is not that uncommon. The opinion was not based on an
actual case, but rather an inquiry of a hypothetical situation. All of
the inquiries are received from lawyers, said Mine, adding that she
thought a lawyer had a specific situation with which he or she was
concerned.
Some states, including
Ohio and Texas, consider it a UPL violation when paralegals sign on
behalf of their attorneys, even with permission.
The NCSB assures that
the decision isn’t an endorsement of paralegals practicing law and only
applies when the rules are adhered to and required under very special
situations, such as the lawyer being out of town, ill or engaged in
another court case and the document has to be signed that day.
To prevent the misuse
of this action, certain provisions must be followed: The signature of
the attorney’s name by a paralegal or nonlawyer can’t violate any law,
court order, local rule or civil procedure; the responsible lawyer must
have provided the appropriate level of supervision under the
circumstances of the situation; and the signature must clearly indicate
that another person has signed on the attorney’s behalf.
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Education Regulatory Body Shutting Down
Closure could affect
accreditation of paralegal programs throughout California.
By Lynn Penkingcarn
At midnight on July 30,
the Bureau for Private Postsecondary and Vocational Education, which
regulates and establishes educational standards for approximately 1,500
of California’s private institutions, including some paralegal programs,
is slated to close its doors.
Concerns quickly
sparked through the paralegal community upon learning that Gov. Arnold
Schwarzenegger vetoed Assembly Bill 2810, which would have extended the
life of the bureau until July 1, 2008. Schwarzenegger vetoed the bill in
September 2006, explaining in his veto message that “the Bureau’s
Operations and Administrative Monitor issued an exhaustive report in
September 2005, stating that the statutes were fundamentally flawed and
without complete statutory reform the program would [be] destined for
failure.”
According to Business
and Professions Code §6450(c)(2), one criterion to become a paralegal in
California is “a certificate of completion of a paralegal program at, or
a degree from, a postsecondary institution that requires the successful
completion of a minimum of 24 semester (or equivalent) units in
law-related courses and that has been accredited by a national or
regional accrediting organization or approved by the Bureau for Private
Postsecondary and Vocational Education.”
“What this means for
aspiring paralegals is they need to be certain of the accreditation of
the school which they attend,” said Michelle Whitaker, president of the
California Alliance of Paralegal Associations. “This is not only true
for paralegals but for all [people] attending any private college or
vocational school for the purpose of earning any degree or certificate.”
Nals Purchases a House
First national
association to buy its own facility.
By Amanda Flatten
Nals … the association
for legal professionals purchased a new permanent residence in Tulsa,
Okla., for the Nals Resource Center, making it the only legal
professional association to buy its own home.
The announcement of the
4,500-square-foot building purchase was made at the Nals Professional
Development and Education Conference, held March 9 through March 10. The
new location also will feature the Nals Foundation Learning Center,
which will be available for training retreats and meetings of local,
state and regional groups.
“The association has
long wanted to have its own home, and investing in a permanent home
versus renting just makes good business sense,” said Nals President
Kathy Siroky, PP, PLS, a paralegal at Davis & Cannon in Sheridan, Wyo.
According to Tammy
Hailey, CAE, Nals executive director, who was authorized by the Nals
Board to research ownership options, space in the rented Nals Resource
Center location has been very limited over the years. “Nals holds an
annual professional development conference in Tulsa each year, and our
members have consistently expressed their desire to visit the Nals
Resource Center, their association home,” Hailey said. “It was
absolutely impossible to fulfill their desire at our [rented] location.”
While the previous
facility was located in what Hailey called a less desirable area of
Tulsa, she said the new building, located at 8159 East 41st St., is in a
very marketable location.
“Nals was formed in
1929, and we are an association that is strong in history; we will
showcase some of our historical pieces in the association’s home,”
Siroky said. “It will be a place our members can be proud to call home.”
At press time, the Nals Resource Center was scheduled to move to its new
permanent location at the end of June.
Education On the Go
Obtaining CLE credit
through podcasts is the next big thing.
By Lynn Penkingcarn
The next time you pull
up to a drive-thru window, try placing the following order: “I’d like a
CLE in MP3 format with extra content and timely information. And please
hold my interest.” You might just get what you ask for.
Obtaining continuing
legal education credit by downloading and listening to legal podcasts is
a new trend to help meet the demands of busy legal professionals. Many
attorneys and paralegals are turning to these podcasts, which come in
the form of digital audio files that can be distributed via the Internet
and downloaded for playback on portable media players or computers, said
Jen Van Ness, an antitrust paralegal who formerly worked in the law
practice technology unit at Hogan & Hartson in Washington, D.C.
“The proliferation of
personal audio devices like MP3 players at affordable prices has created
demand for more audio content packaged so you can listen to what you
want, where you want, when you want,” Van Ness said. “Dovetail this
portability and convenience with the increasing trend toward mobility
and the law, and you have a great fit for satisfying a CLE requirement
on the go.”
At least 20 states
currently offer CLE credit for listening to podcasts, including
California, New York and Texas. However, mandatory and minimum CLE
requirements and acceptance of formats such as podcasts vary depending
on the jurisdiction, said Peter Glowacki, director of the American Bar
Association Center for CLE.
However, Mills said he
was at first hesitant about CLE being offered via podcasts. He worried
that paralegals and attorneys would simply download the podcast, get the
CLE credit, but not actually listen to the podcast. To prevent this,
some organizations require online or written tests, while others require
participants to sign a certification that acknowledges they listened to
or participated in the online CLE.
“The self-governing
honesty approach might be the most realistic method to address the
reality of the situation,” he said. “Part of me believes that placing
onerous restrictions on online CLE will have the dual effect of No. 1:
dissuading honest paralegals from engaging in respectable online
educational opportunities and No. 2: encouraging less-scrupulous
paralegals to game the system.”
Certain people are
going to participate in CLE because they want to learn and are
interested in furthering their education to better serve their clients,”
Mills said. “Other people are going to participate in CLE simply to
fulfill some legal or professional requirement. I came to the conclusion
that it really doesn’t matter whether CLE is in person or by podcast.”
LEAP to the Future
New NALA program
prepares members to become leaders.
By Ashley Johnson
The National
Association of Legal Assistants has created a new program that will
prepare its current members to become its future leaders. At its spring
board of director’s meeting in March in Tulsa, Okla., the association
formally adopted the Leadership Enhancement and Preparation program, a
yearlong leadership training program that will have its first meeting on
July 12, 2007, at NALA’s 32nd annual convention in New Orleans.
“The LEAP concept grew
from our belief that it would be better to prepare volunteers with the
concepts and challenges of NALA leadership before serving on a national
board or committee, than to rely on orientation sessions after service
begins,” said Tita Brewster, ACP, president of NALA.
The program will
consist of monthly Webcast sessions and telephone conferences in which
participants will engage in learning activities such as lectures,
reading, work assignments and role playing that will enhance their
public speaking skills and skills for working in small groups. In
addition to developing leadership skills, participants will learn about
ethical issues board members face in their service, legal issues related
to NALA’s business practices and the ongoing responsibilities of board
members. Participants also will learn about the structure and
interconnections of all the certifying boards, committees, members and
affiliated associations. All of the board members will be involved with
LEAP, with some acting as either teachers or mentors.
Although the program
will focus on leadership skills that paralegals can use for career
advancement, it is primarily designed to prepare future NALA leaders.
“We believe this early leadership training and support will reinforce
the strength and progress of the association by preparing new leaders to
take charge when they take office,” Brewster said.
The LEAP application
and a schedule of classes for the 2007-2008 program are available on
NALA’s Web site at www.nala.org. Although the deadline to apply for the
2007-2008 program was May 31, 2007, the deadline for applications for
2008-2009 soon will be listed on NALA’s Web site.
From Texas to Tuscany
Paralegals from the
State Bar of Texas Paralegal Division broaden
their horizons with international travel.
By Ashley Johnson
In mid-April, a group
of paralegals from the Paralegal Division of the State Bar of Texas
visited Florence, Italy, for a weeklong adventure. This trip was the
third in a series of annual international trips organized by the
division and offered as a chance for paralegals to travel together while
studying legal systems and cultures in other countries. Florence was
chosen as this year’s destination by Javan Johnson, president of the
Paralegal Division of the State Bar of Texas. “It is one of those places
full of history, full of culture, and I just really felt that Italy
would be a really wonderful place for our group visit,” Johnson said.
The idea for the
weeklong international trips came about in 2004 when Kim Cantu, CP, the
president of the paralegal division at the time, wanted the Division to
sponsor a special trip to bring paralegals from all over Texas together
to exchange ideas and bond, while learning about legal systems in other
cultures.
“I set this travel
offering as one of my goals during my term in office,” Cantu said. “I am
all about providing benefits to members, really showing [them] that the
organization wants to do things for its members and enabling [them] to
talk about the great things being provided by the organization to their
attorneys and also talk about the Division’s activities to other
paralegals across the United States.”
Each year, the
president of the paralegal division chooses the location for the trip
while its tour company, ACIS, plans the travel arrangements, such as air
fare, accommodations and other details. The trip takes several months to
plan, and each fall, the destination and details are publicized to
paralegal division members via the Division magazine, and through
events, fliers and e-mail blasts. So far, each trip has been guided by
ACIS Tour Manager Christopher Relton, an English solicitor (general
legal adviser) by education.
Arrangements for the
May 2008 trip to Ireland already are underway. Stops will include
Dublin, Cork and Killarney. No matter where they go each year, the goal
for the trips always is the same: to offer a way to travel and network
as a group while being exposed to legal systems and cultures in other
countries. “We have many persons who travel with us, who may not
necessarily have [someone] to travel with otherwise, and they enjoy
being part of the group,” Johnson said.
Legal Resources
Open for Business
In the world of word
processing there is Microsoft Word and Corel WordPerfect. Business,
though, requires much more than a basic word processing software
program, and purchasing a complete office suite can be expensive; enter
OpenOffice.org.
OpenOffice.org features all the tools found in a traditional office
suite, such as Writer for word processing, Calc for spreadsheets, Base
for database creation, Impress for multimedia presentations, Draw for
graphics and Math for computing equations and formulas, but with one big
difference — it’s free. OpenOffice.org does, however, accept
contributions, both monetary and in the form of programming, writing,
marketing, quality assurance, graphics and language. For more
information, visit
www.openoffice.org.
It’s a Fact
Not all legal
professionals have the time or money to devote to traveling long
distances to fulfill continuing legal education requirements. With
online CLE, users can dedicate 10, 20 or even 45 minutes at a time to a
program that offers credit. At
www.factumonline.com, launched by Factum, legal professionals
can earn CLE credit in subjects ranging from “How Not to Commit
Malpractice With Your Computer,” to the “Essential Guide to Electronic
Discovery and Computer Forensics, Part 1.” All Webcast programs come
with course materials, list which states offer credit for the course and
are presented in Adobe Flash. By registering with factumonline.com,
legal professionals can purchase a program, allot however many minutes
they have time for and then return to their busy schedules. To view
Factum’s list of course offerings, visit
www.factumonline.com.
Go Green
The quest to be more
environmentally friendly has propelled environmental law to new heights,
making it imperative for legal professionals to stay abreast of any
changes in the law. “Global Climate Change and U.S. Law” by
Michael B. Gerrard, dives into climate change regulation and associated
litigation. The author also explores the regional, state and local
actions and includes a 50-state survey on the response to climate
change. The book also scrutinizes the corporate role, including
disclosure issues; fiduciary duties of officers and directors; insurance
and climate change; subsidies; tax policy; and technological innovation.
The last part of the book catalogs efforts to reduce emissions, programs
underway in Japan, Australia and the U.S. and other methods such as
emissions trading and carbon sequestration. The book also includes
relevant terminology, acronyms, endnotes and an index. It’s available
for $59.95 at
www.aba.net.org/abastore/index.
Legal Hound
Gathering evidence in
preparation
of trial is no small
feat. “Evidence Management for the Paralegal: Gathering, Analyzing
and Preserving Evidence” by Stacey Hunt, CLA, CAS, and Ellen Sheffer,
published by Thomson Delmar Learning, simplifies the process, from
beginning to end. Covering topics such as what exactly is evidence;
gathering evidence from public, private and governmental sources; and
employing methods of discovery to acquire all forms of evidence,
paralegals can add to their repertoire of skills. In addition to key
words and review exercises, the book offers case scenarios that lead the
reader from initial facts and information to final conclusion and
solution. Priced at $44.95, the book will be available online on July 16
at
www.delmarlearning.com.
Courtroom Drama
The use of animation
for courtroom presentations has become increasingly popular. However,
the use of animation is not new, with its roots tracing back to the late
1980s. Z-axis recently introduced History of Animation in Court,
a series of podcasts detailing the use of animation in courtroom
environments over the years. The series shows how the use of animation
has evolved and introduces specific subjects, such as airplane crashes,
mechanical devices, explosions, drug and chemical reactions and
terrorist attacks. To download the series, go to
www.zaxis.com and
click on “Z-Axis’ Podcasts.”
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