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M A R C H / A P R I L 2 0 1 2 Findings & Conclusions 1 Findings & Conclusions President’s Corner by: Brenda Cothary In February I participated in a web cast of the Washington State Bar Association’s (WSBA) Town Hall meeting regarding the Limited Licensed Practitioner (LLP) Rule, formerly known as the Legal Technician Rule. As most of our paralegals will recall, some time ago the Supreme Court charged the Practice of Law Board with finding a way to solve the access to justice crisis in Washington State. The Practice of Law Board conducted a civil legal needs study and confirmed what many had suspected: Most low to moderate income individuals have unmet legal needs due to the high cost of professional legal services. The areas of law where those individuals are most particularly affected are landlord/tenant law, family law, and immigration. Based upon their findings, members of the Practice of Law Board began formulating their own plan for resolving unmet legal needs. They took comments from advocates for domestic violence victims, court facilitators, and WSPA. WSPA developed a plan it called the Legal Technician Rule. The rule would allow individuals qualified through education, experience, testing, and registration to provide legal services directly to the public. Representatives from NFPA and WSPA presented the Legal Technician Rule to the Practice of Law Board. The Practice of Law Board reviewed the Legal Technician Rule and, through a revision process, developed a program which would best provide a method by which unmet legal needs could be resolved. The Practice of Law Board asked for support from the WSBA, but the membership of the Bar voted nearly unanimously against the rule. The Practice of Law Board, determined to carry out its charge from the Supreme Court, decided to move ahead with the LLP Rule without the support of the WSBA. The Practice of Law Board conducted pilot projects in several legal fields to determine in which area or areas a Legal Technician would best fit and could best provide services to the public. It was determined that the most appropriate field for the utilization of Legal Technicians would be family law. Unfortunately, at that point in the project, the U.S. and Washington economies faltered, and the Practice of Law Board was forced to put its study on hold. Recently, however, the Practice of Law Board decided to send its proposal to the Supreme Court for vote. Acting upon information that the Supreme Court may vote to accept or reject the LLP Rule this summer, the WSBA hosted the Town Hall meeting to gather comments from attorneys and other interested parties in order to prepare and submit an information letter to the Court. (Continued page three) Our Mission: To enthusiastically support and promote the paralegal profession in the State of Washington. President’s Corner Page 1 Management Reports Page 3 Innovative Technology in Discovery Translates to Success Page 7 Military Page Page 8 Legacy Data Pages 19 Member Spotlight Pages 21 A Bi-Monthly Newsletter Volume 27 Issue 2 March/April 2012 2011 WSPA President Brenda Cothary National Docketing Association Page 9 2012 NFP Scholarships Page 10 Membership Contest Page 11 Stress Less Page 15 Seal of Approval Pages 17

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Page 1: March - April 2012 Findings & Conclusions

M A R C H / A P R I L 2 0 1 2

Findings & Conclusions 1

Findings & Conclusions

President’s Cornerby: Brenda Cothary

In February I participated in a web cast of the Washington State Bar Association’s (WSBA) Town Hall meeting regarding the Limited Licensed Practitioner (LLP) Rule, formerly known as the Legal Technician Rule.

As most of our paralegals will recall, some time ago the Supreme Court charged the Practice of Law Board with finding a way to solve the access to justice crisis in Washington State. The Practice of Law Board conducted a civil legal needs study and confirmed what many had suspected: Most low to moderate income individuals have unmet legal needs due to the high cost of professional legal services. The areas of law where those individuals are most particularly affected are landlord/tenant law, family law, and immigration.

Based upon their findings, members of the Practice of Law Board began formulating their own plan for

resolving unmet legal needs. They took comments from advocates for domestic violence victims, court facilitators, and WSPA. WSPA developed a plan it called the Legal Technician Rule. The rule would allow individuals qualified through education, experience, testing, and registration to provide legal services directly to the public. Representatives from NFPA and WSPA presented the Legal Technician Rule to the Practice of Law Board.

The Practice of Law Board reviewed the Legal Technician Rule and, through a revision process, developed a program which would best provide a

method by which unmet legal needs could be resolved. The Practice of Law Board asked for support from the WSBA, but the membership of the Bar voted nearly unanimously against the rule. The Practice of Law Board, determined to carry out its charge from the Supreme Court, decided to move ahead with the LLP Rule without the support of the WSBA. The Practice of Law Board conducted pilot projects in several legal fields to determine in which area or areas a Legal Technician would best fit and could best provide services to the public. It was determined that the most appropriate field for the utilization of Legal Technicians would be family law. Unfortunately, at that point in the project, the U.S. and Washington economies faltered, and the Practice of Law Board was forced to put its study on hold.

Recently, however, the Practice of Law Board decided to send its proposal to the Supreme Court for vote. Acting upon information that the Supreme Court may vote to accept or reject the LLP Rule this summer, the WSBA hosted the Town Hall meeting to gather comments from attorneys and other interested parties in order to prepare and submit an information letter to the Court.

(Continued page three)

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

President’s CornerPage 1

Management ReportsPage 3

Innovative Technology in Discovery Translates to SuccessPage 7

Military PagePage 8

Legacy DataPages 19Member SpotlightPages 21

A Bi-Monthly Newsletter Volume 27 Issue 2 March/April 2012

2011 WSPA President Brenda Cothary

National Docketing AssociationPage 92012 NFP ScholarshipsPage 10Membership ContestPage 11Stress LessPage 15Seal of ApprovalPages 17

Page 2: March - April 2012 Findings & Conclusions

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

2 Findings & Conclusions

Administrator

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

Officers

PresidentBrenda [email protected]

Vice-PresididentMembership Sue Beichley

[email protected]

Vice-President Professional Development

Brian Haberly, [email protected]

SecretarySarah [email protected]

Treasurer Julie [email protected]

Immediate Past PresidentBrian Haberly RP

Management Directory

NFPA Representatives

NFPA Primary RepresentativeSue [email protected]

Secondary RepresentativeJeanenne [email protected]

PACE AmbassadorHelen Halloran, [email protected]

Directors

East King Co. DirectorMary [email protected]

Northwest Director Jennifier Provalenko, [email protected]

Seattle DirectorJosh [email protected]

Snohomish Co. Chapter Director Sue [email protected]

Spokane Chapter Director Elena [email protected]

South King [email protected]

South Puget SoundMisty [email protected]

Director At-Large, [email protected]

Committee Chairs Certification CoordinatorHelen Halloran, [email protected]

CLE Approval Committee ChairStephanie [email protected]

Job Bank Committee ChairJennifer [email protected]

Director Marketing & Vendor RelationsDonna [email protected]

Pro Bono CoordinatorJeanenne [email protected]

Newsletter Coordinator/EditorJay [email protected]

Military Paralegal Outreach Coordinator Jeanenne [email protected]

[email protected]

Definition of a Paralegal – as defined by NFPA and WSPA

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

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Findings & Conclusions 3

(President’s Corner, Con’t from Page One)

I participated in the web cast, not the live broadcast of the Town Meeting. When I and a few others made positive comments about the proposal, it became clear there were many participants adamantly opposed to any type of non-attorney regulation. Many of the participants, both via web and in person, were concerned about the high number of recent law school graduates who can’t find work. Some participants proposed that new attorneys should be providing low-cost legal services to those in need. Others felt paralegals, no matter what their level of education or experience, were unqualified to provide services directly to the public. The argument was made that paralegals hadn’t attended law school and, therefore, didn’t understand enough of the “intricacies” of the profession to provide services directly to the public.

It was apparent that most participants did not understand the rule, either because they hadn’t read it or were not open to the basic idea of expanded legal services. The original rule provided strict guidelines for regulating who could provide services and which services could be provided; there would be no opportunity for an inexperienced paralegal to offer legal services to the public. From the beginning, the rule contained strict requirements for education, experience, testing, and oversight. Although any changes that may have been made to the rule by the Practice of Law Board since the pilot projects haven’t been revealed, I don’t believe the Practice of Law Board intended to submit a program which would enable a “free for all” or allow non-lawyers to provide legal services to the public without any type of training, regulation, or oversight.

In the event the Washington Supreme Court approves the Limited Licensed Practitioner, I anticipate paralegals in our state will be affected in one of two ways: There will be some paralegals anxious and excited to take the next step in their career; others will not be interested. No matter what the outcome, I encourage each of you to inform yourself about the regulation of your profession, be open minded about the future of the profession, understand the capabilities of other paralegals in fields that may not be familiar to you, and, most importantly, get involved. This is YOUR profession, YOUR livelihood. YOU can shape its future.

Membership Reportby Sue Beichley

To date we have 220 members.

I hope all of you have renewed your membership by now. If not, don’t delay! For the 2012 year we are offering a discounted rate of $85 a year for regular members; $60 for associate members, $40 for students, and $200 for sustaining members. Please keep in mind since we have discounted the membership, we will not be offering a discounted membership from July to November as we have previously done. We understand the economy is slow and we want all paralegals to be able to afford a membership.

Seattle Chapter Reportby Josh Normand

On Thursday, March 15, 2012, the Seattle Chapter of WSPA held a lunchtime meeting at Forsberg & Umlauf. Our featured speaker was Jay Jenkins, Director of Business Development and Client Services for T-Scan. He spoke about the Reality of Record Retrieval. The meeting was attended by approximately ten people.

Record retrieval has become more complicated and expensive in the last ten years because of HIPAA (Health Insurance Portability and Accountability Act). On average, it take about 5.5 phone calls to retrieve a medical record and each record takes about an hour to work and a half hour to process. Additionally, because of HIPAA, there are a lot more entities which are covered, such as health plans, health care providers, and health care clearinghouses. One usually needs a release to obtain a medical record. Because of the nature of this information, as well as the general attitude insurance companies and health care providers have toward releasing records, it is imperative to keep a log of all activities when trying to obtain medical records, including the date requested, and the date and check number of the payment sent to the provider.

Jay did an excellent job in his presentation of a very important topic in the legal field. We also appreciate

the assistance of Theda Yandell in allowing us access to her law firm for this meeting.

We were honored to have WSPA President Brenda Cothary attend our meeting. The meeting was a good springboard towards the Spring CLE which will take place on Friday April 27th at the Red Lion Hotel in downtown Seattle.

NW Chapter Reportby Jennifier Provalenko, RP

The NW Chapter WSPA Resume & Cover Letter Clinic was a success! We helped over 20 paralegal students and paralegals by providing them with the resources and tools needed to create a resume, market themselves, and obtain an interview.

Jeniffier Provalenko, NW Chapter Director, provided a short PPP on resume basics, cover letter tips, and the top ten interview questions. Guest speaker Vicki Osborn, Senior Paralegal of Dorsey & Whitney gave a presentation on marketing yourself, the hands-on challenges when job hunting, and what law firms are looking for in the hiring process. Guest speaker Peg Marckworth, owner of Marckworth Associates and Professional Marketing Adviser, introduced the concept of personal branding and how to integrate your personal brand in your resume and cover letter. “When you’re branded correctly competition is irrelevant.” Thank you WorkSource for graciously hosting our event at your Bellingham workshop. .

Professional Development Reportby Brian Haberly, RP

Contrary to many people’s opinions, your success in life is entirely up to you! Your ability to: find the job you like, improve the quality of your relationships, secure your financial future, and to improve your health and fitness, are ALL up to you. This is tough medicine to swallow when human nature makes many of us want to find someone or something else (Continued Next Page)

Brian Haberly, VP Professional DevelopmentJennifier Provalenko, RP , NW Chapter Misty Carmen, South Puget Sound Director

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4 Findings & Conclusions

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

(Continued from Previous Page)

to blame (our boss, our spouse or significant other, our age, our parents, our education or lack thereof, the economy or whatever).

When you take 100% responsibility for your life, you destroy the myth that someone else is responsible for the quality of life you live. Nothing else will do. Jettison those excuses and victim stories today. You have always had the power, but you chose not to exercise that power, but that can end today.

Instead, start acting with personal responsibility. Ask better questions. Take more actions, and learn from them. When something doesn’t go the way you wanted it to, ask yourself how you got that result, and how you will improve it the next time around. Quick thinking limiting thoughts, and instead, focus on those actions that will move you in the right direction.

A good example is the upcoming April 27th, 2012 WSPA Spring Continuing Legal Education program in Seattle. This is a perfect opportunity for you to deepen you legal knowledge, pick up some practical tips for both work and home, and energize you about your paralegal career.

We know that some of you have already made the decision to attend, as you know from past WSPA programs that you will come away more excited about your job, and ready to share some information you learned with coworkers that didn’t attend. These are the same paralegals that are seen as leaders in their office, are more likely to get promoted and receive better raises and bonuses, and are recognized as valuable members of the legal team.

For some other readers though, some of you have already come up with reasons NOT to attend. You may have convinced yourself that your boss won’t

authorize you to take the time off for a CLE program, or that your firm or company won’t pay for your attendance, or perhaps you don’t want to have to march into your supervisor’s office to even ask the question. These are all self-limiting behaviors, and may indicate why you are stuck in a job that you don’t really like, or are earning less than you think you are probably worth if you would only consider looking at other job opportunities.

If you present your arguments in support of Continuing Legal Education, and state that it is important for you as a paralegal to keep your skills sharp so that you can contribute more to your workplace, I would submit that the modest cost and time away from the office is an investment that most employers would be happy to make!

Your supervising attorney can only say no. He or She isn’t going to be upset with you about wanting to improve your skills and legal knowledge, as they are already well familiar with their own CLE requirements, which can run into the thousands of dollars a year.

You probably spend money at a gym or on yoga classes. You may research the perfect vacation destination for months before settling on just the right trip to take. You may have decided to upgrade your home computer to replace the aging one sitting on your desk at home. If your attorney questions the time or the cost of attending the WSPA Spring CLE program, then you need to ask yourself a question: Is my personal development a big enough priority in my life that I would want to invest my own money my own time to further myself?

That is to say, would you be willing to open up your wallet and spend a little bit of money for a very special program that may just change the direction of your career, or improve the quality of your life both inside and outside the office?

The WSPA Spring CLE offers something for everyone. Eight total sessions in two concurrently running educational tracks of four session each mean that there is something for everyone! If you attend for a full day, the four 90 minute long sessions are each worth 1.5 hours of WSPA CLE Credits, and attendees will receive completion certificates for each class they attend (6.0 hours of CLE total if present for the entire day).

Don’t say I “shoulda, woulda, coulda” have done something different after the program is over. Instead, make the decision today to find a way to attend the WSPA Spring CLE program and annual awards luncheon. You will be glad you did! Registration Costs for WSPA members are only $200 for the full day or $100 for a half day (includes the Annual Awards Luncheon). Non-WSPA Members may attend for the full day for $225. Register on our Acteva event registration page at www.acteva.com/Go/WSPA (look for the 2012 Spring CLE registration option.)

Professional development is one of the central tenants of the Washington State Paralegal Association. Networking, fellowship, friendship, and good fun are some of the other key attributes. We hope to see you on April 27th at one of our marquee events of the year. Register today!

If you have ideas you would like WSPA to consider to enhance your own Professional Development, please feel free to contact me via email at [email protected]. Be sure to sign up for our three Social Networking sites – Facebook, LinkedIn, and Twitter, to stay on top of t h e l a t e s t W S P A n e w s !

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4200 23rd Avenue WestSeattle, WA 98199ph: 206.285.6322fx: [email protected]

T-Scan CorporationRecord Retrieval Document Production Imaging

Seattle, Portland, Salt Lake City, Denver, San Antonio, St. Louis, and San Francisco

Contact T-Scan: [email protected] or 800.285.1507 www.tscan.biz

Make It Simple...

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

Findings & Conclusions 7

The Latin phrase, “Ipsa scientia Potestas est,” (knowledge itself is power) is as well known in today’s legal community as it was over 2,000 years ago when Cicero employed the first Roman court reporter. Although the working relationship between attorneys and court reporters is an ancient one, it is still a vital part of winning cases today. However, assessing whether your chosen litigation support firm can provide the support necessary to help you access that power is another matter.

There is an old adage that applies to life in general, and to legal services in particular, “Do not be penny wise and pound foolish.” In our current economy, this is inimitable. Using resources wisely has never been more essential, and this includes the time and energy spent preparing cases. However, attempting to reduce costs by eliminating vital services is not cost-effective. It is disastrous.

Good litigation support is a pivotal factor that can tip the scales in your favor and give you the competitive edge. Attorneys must maximize their resources by choosing a court reporting firm with the ability to provide the most advanced technology and skilled professionals.

Reviewing all the individual options offered by different court reporting firms can be an exasperating and unnecessary expenditure of your most valuable commodity – time. Making an informed choice of a support service is an integral and critical element that can either streamline or stymie results. Litigation is often complicated, but choosing a single firm to meet your needs should not be.

One Stop Shopping

The array of options available within a specific court reporting firm, and the strength and diversity offered, can provide the crucial margin required for success in your case. If a firm does not offer comprehensive, all-inclusive services, the chances are that it is neither competent nor effective. In short, your selection should include a “one stop shopping” experience. To streamline the selection process, there are specific features to look for in the litigation support company you choose. They

should be able to meet all your needs; not just some of them!

There is, however, one word to the wise concerning firms offering comprehensive discovery service. Not all litigation support firms deliver quality work, and it is best to be careful when choosing a company to be involved in your case. A number of attorneys have reported that when they requested a specified service, the company they hired was either unable to provide the promised assistance or, at best, performed at a low level. Your choice of provider is important because your support company's ability to perform services when and how you need them can make the difference between whether you are successful or unsuccessful.

Realtime Court Reporting

Realtime technology is an exciting tool in which technology is applied to link Realtime captioning directly to your computer screen with pinpoint accuracy. Realtime allows you to immediately tag issues as the testimony appearing on your private laptop. With using only a simple word search or annotated text queries, you can access vital information instantly. You can also provide captioning for the hearing-impaired, eliminating the need for sign language interpreters.

So how does using Realtime affect you and your client’s pocketbook? Creating simple word searches and annotated text queries will allow you to instantly create reports specific to the issues tagged. You can also create rough deposition summaries as the deposition is transpiring. Thus saving you and your expert witnesses valuable time in digesting and reviewing your transcript.

Hyperlinked Exhibits

Consider the time spent checking an index and then thumbing through pages of text to find a specific reference on an exhibit. Using the hyperlink function, attorneys can immediately locate exhibits with just the click of a mouse. The exhibit is highlighted for quick reference, and the text is embedded and hyperlinked for immediate access to all information within that exhibit. The advantages

to using hyperlinked exhibits are obvious. This technology not only saves valuable time, but in an economy where "time is money”, it is also very cost-effective.

However, as with many court reporting service options, not all hyperlinked applications are created equal. Peter C. Richter of Miller Nash, LLP, states, “My choice of court reporters and litigation services has been integral factors in many of my cases. The availability of hyperlinked exhibits and voice files is fundamental for modern trial preparation and discovery.”

Audio Recording Synched to the Transcript

Audio recording provides a word-for-word record of a deponent's testimony, with the ability to select and replay any word or phrase within the deposition. There are multiple advantages to having the audio synched to the transcript. It allows busy attorneys to review depositions at their convenience, whether at their desk or on a plane, giving them the ability to multitask without the need to spend extra time reading a deposition word-for-word. Not only does this technology provide valuable time saving support, but it also makes a difference to the outcome of court cases.

Recent research states that reception of the spoken word is vital to perception and memory. People retain only 10% of what is read to them, as when an attorney reads directly from a typed deposition. Audio transcripts include the manner in which the words are spoken. When the audio recording is added to the typed transcript, the jury’s retention rate increases exponentially. Tone and inflection make a huge difference. It is not just what we say, but how we say it. The spoken word is simply more convincing than the written one.

The evidence suggests that the audio portion of the discovery process is critical. A great deal of emotional impact is lost when only a deponent's words are transcribed, commonly known as a “cold transcript”. The normal transcript does not include audio components like tone of voice, pauses, and emotions. (Continued page Ten)

Innovative Technology in Discovery Translates

to SuccessBy Marsha J. Naegeli, Founder/CEO, Naegeli Reporting Corporation and Troy S. Moody, President/CEO, Naegeli Trial Technologies

Page 8: March - April 2012 Findings & Conclusions

8 Findings & Conclusions

HELP WSPA SUPPORT MILITARY PARALEGALS AROUND THE WORLD

! Calling all WSPA members! We have set a goal for 2012 to send 6 Military paralegal care packages to make life easier for those who have chosen to serve our country.

! We have been assigned a paralegal who is stationed at Guantanamo.

These soldiers work almost non-stop and can not just run to the store for a treat or something to read. Along with food, hygiene and entertainment items, we include postcards from the Seattle area and current magazines for men and women.

Please help us with our goal by bringing your donations to the WSPA chapter meetings. You can also include a card thanking them for their service and telling them a little about ourselves and where we live. Items will be collected, boxed and mailed to designated military base or ships every other month.

If you would like to participate but are unable to bring an item to the meetings, contact me at the email below and we will arrange for pick up. You could also send a check to:

WSPAPO Box 58530

Seattle, WA 98138-1530Please make the check out to WSPA and indicate that the funds are for the military outreach program. This will help purchase phone cards or other items that we would like to include.WSPA is a founding member of the NFPA Military Paralegal Outreach program, which began in February 2006. We appreciate the members of WSPA for the strong support of this program!Any questions regarding this continuing project may be directed to Jeanenne Rutherford, [email protected]

Suggested Items:

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

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

know that life goes on.

Page 9: March - April 2012 Findings & Conclusions

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

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

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

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

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

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

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

The National Docketing Association today announced the launch of the first nationwide group that will provide networking, career, and training resources for legal docketing professionals.

The NDA’s goals include creating a specialized forum to enable the exchange of ideas related to docketing software, training and workflow processes. The organization also will seek to leverage technology to reduce the risks associated with deadline errors and omissions, reduce firm operating costs related to insurance premiums and other overhead expenses, and influence developers to create software with more automation and integration features for private firms, public entities and legal departments of any size.

“Currently, there are only a few docketing associations in the larger U.S. cities that serve their local legal markets, including New York City, Chicago, San Francisco, and Los Angeles,” said Chris Gierymski, the National Docketing Association president. “Unlike regional docket groups, the NDA offers national exposure and greater resources to its membership.”

The National Docketing Association provides educational opportunities for docketing professionals to enhance their knowledge and skills, which will allow employers to reap the benefit of a more highly skilled workforce. The association also facilitates networking opportunities locally, regionally and nationally and provides a forum for vendors to display and promote their products.

“We fully support the new National Docketing Association as a valuable organization that gives docketing professionals a united voice and support system,” stated Joseph Scott, Vice President of CompuLaw sales for ADERANT. “There is a tremendous and long-standing need for a central association, not only for docketing professionals, but for the industry at large to ensure that the unique issues, educational needs and dialog among professionals, firms and vendors are met and fostered.”

The NDA is a unique association providing support, training and other high-quality resources to professionals involved in the docketing function, including specialists, technical staff, secretaries, paralegals, administrators, support managers and attorneys in the public and private sectors. For additional information, contact: Chris Gierymski, President of the National Docketing Association at Phone: 312.446.3596; [email protected] ; www.nationaldocketing.org.

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10 Findings & Conclusions

(Innovative, Continued from Page Seven)

This added communication can allow an attorney to “drill down” and extract information in an area that would have otherwise been missed when using the “cold transcript”. These elements can have a huge impact on a jury because their level of perception may change. Settlement amounts and verdicts have been drastically increased when a jury has had the ability to actually hear the tone and passion in a deponent's answer, as opposed to listening to someone just reading a transcript. Why would anyone choose to use only a “cold transcript”, when the spoken word is so much more powerful!

Video Synchronization

Although the spoken word is powerful, for most people “seeing is believing.” Video provides a visual and auditory record of legal depositions. In fact, when a person is presented with visual images, the rate for comprehension and retention soars to an amazing 65%! A great deal of vital evidence is lost when a deponent’s words are just transcribed, and written depositions do not include elements such as tone of voice, inflections, facial expressions, eye contact, or other body language. Nonverbal visual cues create a much stronger emotional impression than either black and white text or verbal iteration alone. Projecting specific images linked with accompanying text can have a powerful impression; cases are won or lost using this type of evidence.

When selecting a company to provide video synchronization, which is the linking of the video with the transcript, make sure that their software gives you the ability to click and drag transcript testimony to create page and line designations. This feature will allow you to edit transcripts without employing an outside service to designate testimony for playback, saving both time and extra fees. Your litigation support service should help save time and money; not waste them! Video synchronization is the highest form of communication and is the most effective way to present your case. Using this technology will bring your case to life.

Case Management

Most of us have been frustrated when our telephone calls are shunted into voice mail; this is simply unacceptable when dealing with your litigation support firm! Not only should your chosen firm be able to provide support in the courtroom, but it should also have a manager to answer your calls 24 hours a day. If you are working on a case at eight o’clock in the evening and realize you need to schedule a next day deposition in another state, you should be able to call a case manager requesting services for the next morning, knowing that the support requested will be ready and waiting when you arrive.

For those who are not yet conversant with this powerful form of discovery litigation support, a case manager is a single professional assigned to

your case 24 hours a day. This individual's job is to handle

every detail of the case with an attorney, paralegal, or legal assistant; providing a single contact, rather than the usual plethora of various staff. The case manager keeps all aspects of the case organized, including specific details in how you want your deposition or trial handled.

Trial Presentation and Consulting

Some attorneys still believe that they have no need for outside technical assistance or support during trial. While this may have served them well in the past, most attorneys have chosen to use trained trial technicians to assist them during mediation, hearings arbitration or trial. A highly trained professional works closely with an attorney, both pre-trial and in the courtroom, providing instant access and consultation. Dave Markowitz, of Markowitz, Herbold, Glade & Mehlhaf, named “Super Lawyer” by the American Bar Association stated, “With both sides having an equally strong case, the firm that uses an expert trial technician will always win.” Unfortunately, this means that attorneys who choose not to take advantage of this asset are not as effectively supported, and so may appear not as convincing in court.

Legal Copying and Scanning

Paul Xóchihua, of Davis Rothwell Earle & Xóchihua recently tried the highly publicized Jack Doe vs. Boy Scouts of America case. Mr. Xóchihua stated “Our document management service’s use of technology in managing our extensive documents was beyond the norm in service and quality. The attention to detail and helpful and expeditious organization of our documents was paramount!”

Copying, scanning, and coding legal documents is both economical and practical. These services allow you to do complex word searches throughout all your documents, making them organized and retrieval instantaneous. If you consider this option, please be sure to check company reviews before selecting a firm to assist you, as service and quality should go hand in hand.

Litigation Services Firms

As the needs of legal professionals have grown, litigation service firms need to expand their repertoire to meet those needs. They must continually embrace and employ the latest technological developments to provide the best possible service. The strength and diversity of the array of options offered can provide the crucial margin required for success. Controlling costs is an important factor to attorneys, but consider whether you can you afford to be without the support services that will assist you in achieving a successful outcome. Remember: It is not what you do, but how you do it that sets you apart.

2012 NFPA/Thomson Reuters Scholarships!

NFPA (National Federation of Paralegal Associations) will again co-sponsor the 2012 Scholarships with Thomson Reuters. Over the years, these scholarships have assisted many paralegal students to obtain their paralegal degrees.

This year there are two (2) scholarships to be awarded: First Place Scholarship is $3000 and Second Place Scholarship is $2000! A travel stipend will also be provided to scholarship recipients to travel to the NFPA Annual Convention to be held in Anchorage, Alaska from September 27-30, 2012!Note: The deadline to submit the Application and all required documentation is July 1, 2012! If all documents requested are not included in the application package, the candidate will be disqualified!

Scholarship Applicationhttp://paralegals.org/associations/2270/files/2011content/2012_Thomson_Reuters_Scholarship_Application.pdfScholarship Procedures (Scroll towards bottom for Scholarship):http://paralegals.org/associations/2270/files/2011content/Award_Procedures_20110331.pdf

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Findings & Conclusions 11

MEMBER RECRUITMENT CONTESTRecruit legal professionals and earn prizes!

Are you a current WSPA member who likes to win great prizes? We have THE contest for you!

The WSPA member with the most new* member recruits at the end of every quarter will win a stylish WSPA messenger bag.

When new members apply online, they will be asked who referred them. Make sure they enter your name to get credit. It’s that simple. Just refer your friends and make sure they use your name when they apply for membership.

• The first quarter winner will be determined April 1, and will be recognized at the Annual Awards Luncheon on April 27 at the Red Lion Hotel in Seattle.

• The second quarter winner will be determined July 1 and recognized in the August newsletter.

• The third quarter winner will be determined October 1 and recognized at the Annual Fall CLE during paralegal week.

Start telling your friends, co-workers, colleagues, and anyone else you know about WSPA! You could be a winner!

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12 Findings & Conclusions

Puzzle # 0006

LEGAL QUOTATION Place each of the thirty pieces into their corresponding places in the diagram at the bottom of the page to reveal a quotation from Supreme Court Justice Louis D. Brandeis.

E R O F I N E T T A N O T H N E W I S O N H E E A T H E

A G D I A N S N T R W H I C O A A R G O N C T I B O T N S A

T R I O N A G O O O R C H I C H E R S S A I E S I T H P

O L O F A C T T H E D E A O O D

D B I D O N G O O A I N T R A O F A C T I S W H D F E B W A E P A R T G O T T O R T

© Don Franks 2012

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S E Q U O I A C L U B

Nullam arcu leo, facilisis ut 13

Build your own pack! Pick the courses and formats that best meet your needs…

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» Intellectual Property

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» Law O!ce Management

» Legal Research & Writing

» Litigation

» Medical Records

» Professional Development

» Real Estate

A small sampling of the topics available:

Browse our full catalog of courses at www.ipe-sems.com

NFPA Accreditation Packs12-hour pack (2 years) – $799 6-hour pack (1 year) – $499

Introducing new continuing education packages speci"cally for paralegals and legal assistants! IPE Accreditation Packs provide you with the opportunity to meet your continuing legal education requirements in two ways:

Multi-Year Pack Ful"lls the 2-year continuing education requirements

of the National Federation of Paralegal Associations (NFPA®)

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to take one year at a time

KEY Code: NFPA

Julie Weinkauf Senior Paralegal Market Specialist [email protected]

Get Your Own Personal Account Representative! Each accreditation package comes with your own Personal Account Representative who can assist you – just call with your list of chosen titles and event ID numbers!

Call to Order! 866-242-0783

Page 14: March - April 2012 Findings & Conclusions

Exclusive WSPA Member Benefit Only from Prolumina!The specialized equipment you need at trial – projectors with the right luminosity, flat panel screens for witnesses, counsel, judge and jury, etc. - is sometimes very expensive, and also very complicated to set up.

As part of your WSPA membership, WSPA has negotiated this exclusive member benefit for you: Prolumina will provide WSPA members with a 20% discount on their standard trial equipment package, plus they will waive setup and teardown charges!

To take advantage of this exclusive member benefit, simply contact:

Prolumina at 206-622-6700 and use code EQWSPA.

This exclusive WSPA offer is valid for all equipment installed before March 31, 2012.

601 Union St, Suite 1420 Seattle, WA 98101 USA 206.622.6700

Stress Less...

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

Findings & Conclusions 15

To some people, stress describes the frantic pace of everyday life. To others, stress is what you feel during times of conflict, loss, or illness. People also react differently to stress. Some take it in stride and seem to thrive on it, while others buckle under relatively mild pressure. Work can be a stressful place, wherever you are scheduling depositions, handling rush jobs, or preparing for trial. Some stress is good. It motivates us and makes us stronger. Too much stress is bad. It makes us irrational and it can, quite literally, kill us. No wonder cardiovascular disease (CVD) is the #1 killer among most developed countries. Also, lawyers and paralegals are among the top occupations that are most likely to cause a direct threat to one’s health. Fortunately, there are specific things you can do to help reduce stress at work and better cope.

Here's how:

Improve your time management and organization skills.

Of the many things you can to in this area the best include getting a ‘to do’ list that works; learning to say "no;" asking for help when you need it; and stop setting unrealistic goals for yourself.

Relax and breathe deeply.

Whether you are feeling overwhelmed by the amount of work you have to do or, for example, an attorney who is "in your face," a good thing to do is to breathe through your nose. You can't get as worked up if you force yourself to breathe through your nose. Your body simply can't maintain the same level of energy without the extra oxygen you get when breathing through your mouth.

Take more breaks from your work.

Even a five-minute break will help. Get away from your desk. Go for a walk - outside is better, but just moving around helps. Getting more exercise in general will help reduce your overall stress levels and will make it easier to reduce your stress level at work.

Lighten up.

Trial prep mode can mean serious mode, but you should still try to smile as often as possible. We all know laughter reduces stress. You will be amazed at

how much more pleasant the people around you are when you make an effort to be pleasant yourself.

Prepare your meals.

Stress can be induced when we are craving food and don’t have time to buy or make something. Prepare your meals in advance. You will save money and most likely eat more nutritious food.

Don't sweat the small stuff.

Realize there are some things that just aren't worth worrying about and there are some things you just can't change. Don't waste time stressing over the things in either category. There will always be fires, put them out one at a time.

Get more sleep.

During trial prep you can easily work 20+ hour days. If you do not get sufficient sleep, you cannot perform as you should. If you are “hot-seating” the case, for example, imagine what would happen if you were to bring up the wrong exhibit when the attorneys ask for it? (continued Next Page)

Stress Less, Win More: A Paralegal Guide to Stress Relief in Litigationby: Noah Wick, M.A

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16 Findings & Conclusions

(Stress, Continued from Previous Page)

What about the wrong video testimony? Even worse, what about something that was not admissible? If you get enough sleep you will be reducing your stress, as well as increasing your energy level and your ability to concentrate.

Give yourself time.There is almost always a rush during trial prep. Realize that nearly everything will take longer than you anticipate. By allowing yourself enough time to complete tasks, you will cut back on anxiety. In general, give yourself at least 25% more time than you think you will really need.

Leave your work at home.Avoid the temptation to complain about your workload once you get home. Your home is a sanctuary and your loved ones are blessings. Do not contaminate either by unloading or venting about work. Instead, use the time it takes to get home to debrief and meditate about your problems, then just let them go.

Hire some help.Avoid trying to do everything by yourself. If you over-extend yourself, you might make mistakes. You also want to use your time most efficiently, so delegate those tasks that can be performed by others. For example, if you have a stack of exhibits that need to be bates numbered and scanned, or if you need help with creating your attorney’s PowerPoint for opening/closing, consider hiring a trial consultant. He or she will help you Stress Less, Win More .

Noah Wick, M.A. is a trial consultant at Prolumina which specializes in Jury Consulting, Trial Graphics, Litigation Support Services and Trial Technology. He can be reached at [email protected] or 206-622-6700

Join Us at the WSPA Spring 2012

CONTINUING LEGAL EDUCATION PROGRAM

April 27, 2012- 8:00 am to 4:30 pm at the Red Lion Hotel on 5th Ave.

1415 Fifth Avenue, Seattle, WA 98101

Designed for the Mid-Level  to  Advanced  Paralegal,  this  year’s  program  will  offer  a  wide  variety of classes that fit your needs and interests via two concurrently running tracks of

four sessions each in the specialty areas of Litigation and Professional Development.

Experienced presenters will provide valuable and timely information designed to:

Enhance your knowledge in a specific area of law

Keep your core paralegal skills up-to-date

Offer career development guidance and build your professional network.

Registration for WSPA Members is $200 for the full day or $100 for a half day

Attendees will also witness the presentation of our 2012 Annual Paralegal Awards and

New Officer Swearing-In Ceremonies during lunch. Award nomination and Officer Election

information is available on the WSPA website at www.wspaonline.org.

Register Securely Online today at: www.acteva.com/Go/WSPA (select the Spring 2012 Paralegal CLE Registration option). Last day to register is Wednesday, April 25th!.

- - - - - - - - - - - - - - - - - -

The Washington State Paralegal Association (WSPA) is a not for profit professional association.

Our Mission is to enthusiastically support and promote the paralegal profession in the State of Washington.

For more information about WSPA, visit our website at www.wspaonline.org.

Puzzle #0008

LEGAL LETTER DROP

The letters in each column below go in the boxes directly under them but not necessarily in the order shown. When all the

boxes have been filled in, a scrambled proverb will appear.

J H L Y H B W T O T O I A T I E R A E H U R R D S W C D E S E N T E Y A S E C H E O

© Don Franks 2012

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Findings & Conclusions 17

This issue we have the distinct pleasure of meeting Verna Seal, PP, PLS. Verna is a consummate over-achiever and a terrific role model for paralegals and other legal professionals everywhere! She has served as an Immigration Law Paralegal with the law firm of Garvey Schubert Barer in Seattle for the past 13 years, and has been a paralegal for 17 years total. In recent months, she has also become more involved with her firm’s practice in Federal litigation and White Collar Crimes. Her firm has approximately 60 attorneys and approximately 10 paralegals in their Seattle office.

Verna is a Past President of the Seattle Chapter of NALS, and holds NALS certifications as both a Professional Paralegal and Professional Legal Secretary. She holds a Bachelor's degree in Political Science from California State University, Fullerton, and received a paralegal certificate from Northeastern University in Boston.

Verna has a very full plate. In addition to her full time paralegal position, she is a parent of 3 children, a dog owner and, for the past six years, has served as a Councilmember for the City of Tukwila, where she is currently serving as the City Council President. For our readers not yet familiar with Tukwila, it is a city of 17,000 people that lies in the heart of the Puget Sound region, sitting 12 miles south of downtown Seattle, 17 miles north of downtown Tacoma, just east of Seattle-Tacoma

International Airport, and at the crossroads of two major interstate highways, I-5 and I-405. It is home to approximately 2,000 businesses including the heavily used South Center Mall.

Verna has also been a member or leader of several boards and commissions, including the Equity & Diversity Commission of Tukwila; President, Tukwila Children's Foundation; National League of

Cities Council on Youth, Education and Families and Human Development Policy Committee; Service Unit Manager, Girl Scout Totem Council; Co-Leader Girl Scout Troop 470; Foster High School Booster Club; Past President of the Tukwila Rotary Club; and Member, King County Disability LEOFF 1 (Law Enforcement Officers' and Fire Fighters' retirement plan). Whew! I’m exhausted even thinking about all the roles she has played!

Ms. Seal credits her paralegal training as integral to the success she has achieved both at work and in the community. She notes that her organizational skills, her ability to perform due diligence, and her experience in spotting issues are directly relevant to her success in serving as an effective member of the City Council. Due to her years of demonstrated competence, she now works at the Associate level,

with a high degree of independence performing substantive legal work for her firm. She also notes that the leadership and communication skills she developed as a volunteer leader in her local NALS chapter helped prepare her for the leadership roles she has taken with the City of Tukwila.

Verna is a strong advocate for paralegals becoming involved in their local communities. She notes that beyond pro bono service at legal clinics and the Housing Justice Project, most cities have volunteer coordinators who would love to hear from paralegals! Paralegals may be able to serve on a wide variety of boards,

planning commissions, as victims’ advocates or domestic violence advocates, immigration rights advocates, and more. She also encourages paralegals and other citizens to communicate with their local officials to express concerns, as well as to offer the occasional word of praise when things are going right! You can reach Verna at her official City o f Tu k w i l a e m a i l a d d re s s o f [email protected].

SEAL OF APPROVALBy Brian Haberly, RP®, VP, Professional Development

Paralegal and Tukwila City Councilmember Verna Seal

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Findings & Conclusions 19

In today’s litigation world, we have all sorts of data, especially legacy data. Legacy data include backup tapes, file shares, PST’s (Personal Storage Table) and other storage media. However, storing legacy data indefinitely can cause expensive havoc if not destroyed after legal retention requirements expire.

Even ignoring the electronic data discovery costs, the cumulative infrastructure and operational costs of keeping unnecessary data are enormous. Most organizations and their executives worry this data might contain information that is subject to a legal hold or relevant to some existing or future litigation, and that its destructions could be second-guessed by courts and adversaries.

Here are some steps one can take to bite the bullet and reduce unnecessary expenses and potential liability.

Confirm existing data, and information management and discovery response programs.

The first step is to confirm that the organization has a records and information program and a repeatable

process for responding to litigation and/or discovery needs. These programs need to be audited regularly and should exist in practice, not just on paper.

Inventory legacy data sources.

The next step is to make a simple list or inventory of your legacy data sources. Create or obtain a basic list of your organization’s legacy data sources that are not under retention schedules or subject to litigation holds such as data that is not found in file shares or emails.

Take reasonable efforts to establish provenance.

Once you’ve finished the inventory, go back and examine why the data was saved and where it came from.

Schedule or destroy.

All of the inventoried data sources should be placed on retention schedules, legal holds, or destroyed, if no longer needed. The main point of this process is

reasonableness, not examining each document for potential preservation obligations.

Disposition opinion.

An easy way to start the destruction process is to have an opinion letter from a properly qualified and insured outside expert. Once the organization has this letter, everyone will feel comfortable that the organization has taken reasonable steps to comply with all rules pertaining to electronic discovery and litigation holds. Most data is saved out of fear. An opinion letter allays that fear and will enable IT and the paralegals to go ahead with the destruction process.

Follow-up.

Like with most other processes in the legal field, the organization needs to follow up and confirm that the destruction actually took place.

I wish to thank Anne Kershaw of the A. Kershaw Attorneys and Consultants as well as co-founder of the eDiscovery Institute for her cover story article in December 2011’s LTN (Law Technology News).

Legacy Data Potentially Lethal

Page 20: March - April 2012 Findings & Conclusions

NFPA REGION 1

MEETING, CLE & SOCIAL Hosted by the

Oregon Paralegal Association DEADLINE TO REGISTER: APRIL 24, 2012

Network with colleagues from the Western U.S.

DATES Friday & Saturday, May 4 & 5, 2012

LOCATION Stoel Rives LLP, 900 S.W. Fifth Avenue, Suite 2600, Portland, Oregon 97204

FRIDAY MAY 4, 2012

2:00 p.m. – 3:00 p.m. Registration 3:00 p.m. – 5:00 p.m. CLE -- Metadata & Ethical Dilemmas 5:00 p.m. - 7:00 p.m. Reception, includes wine tasting and hors d'oeuvres

TOPIC/SPEAKERS (Qualifies for 2.0 credits for

OPA/PNPA/and their national affiliates)

Metadata: What must be produced in litigation and ethical issues Jason M. Pistacchio, Partner, Cosgrave Vergeer & Kester LLP, is a frequent speaker and author on electronic discovery and document retention. Michael Shufeldt, IT Director, Cosgrave Vergeer & Kester LLP, will discuss the process of IT and its use in the law firm. Robyn Fortier, Project Manager, FIOS, will discuss the process of IT and its use in discovery and ethical issues. Alex Wall, Counsel, Discover-e

_________________________________________________________________________________________

SATURDAY MAY 5, 2012

9:00 a.m. – 5:00 p.m. NFPA Region I Meeting (Breakfast/Lunch/Snacks/Beverages will be provided courtesy of LNS Court Reporting, Bridge City Legal and OPA)

NFPA’s Region 1 Representative is Theda M. Yandell, RP®. She is employed as a paralegal in the Seattle law firm of Forsberg & Umlauf, P.S., a litigation defense firm, is a member of Washington State Paralegal Association (WSPA), and has held the offices of President, Seattle Chapter Director, At-Large West Director, PACE Ambassador, NFPA Primary Representative and NFPA Secondary Representative. Theda became a PACE Registered Paralegal in December 2006. She graduated from Highline Community College with an A.A. degree and an A.A.S. degree, Legal Assistant. She is a member of the Highline Community College Advisory Board and volunteers at the Kent Legal Clinic.

_________________________________________________________________________________________ Dinner & Show at

Harvey’s Comedy Club 6:30 p.m. to 9:30 p.m. (Preregistration and payment is required. $40 fee includes dinner of turkey & ham, salad, vegetable, dessert, 1-beverage, 18% gratuity, and admission to the show!)

_________________________________________________________________________________________ REGISTRATION Space is limited. Send the bottom portion of this form, along with your check made payable to

Oregon Paralegal Association or “OPA” to Michele Davis, CP, 976 SE 30th Place, Troutdale, OR 97060. If you have questions, call Michele Davis at (503) 515-9248 or email her at [email protected].

NAME(S)______________________________________ _____________________________________________

FIRM:___________________________________________________________________________________________________

ADDRESS____________________________________ CITY/STATE/ZIP__________________, ____ ______________ EMAIL: ______________________________________ TELEPHONE: _______________________________________ Total Enclosed: $_______________________________

Please check the appropriate box(es) below which apply to your registration

Ƒ CLE Ƒ Friday Social Ƒ Saturday Comedy Event Ƒ vegetarian meal @ Comedy Event

$10 for Friday CLE (no cost to Region 1 representatives) Thanks to our sponsors, Westlaw and AccessData, there is no cost for attendance at the reception or the food & beverages provided

$40 Dinner and Comedy Show

Page 21: March - April 2012 Findings & Conclusions

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Findings & Conclusions 21

21 QUESTIONS: A PARALEGAL SPOTLIGHT SURVEY

What is your name?!

Darlene Klister

Who is your employer?

Coppinger Carter P.S., Bellingham, WA.

What job title do you use in your work?

Paralegal

What is your current specialty area?

Employment, Plaintiff Litigation (personal injury, medical malpractice), and representing sexually abused children in the foster care system.

Do you have any other specialty areas?

I have worked in a variety of specialty areas during my 30+ years in the legal field: Intellectual Property, Labor, Utility, Class Action, Law Office Management, Contract Law,

What degrees and/or certifications do you have?

Bachelor's Degree in Art History and Philosophy, PACE Certificate.

What was your first position in the legal field?

A legal assistant in the law firm of Townsend and Townsend in San Francisco during the early 1980's. I worked for a partner in the firm where I assisted in the drafting of patent applications, obtaining and maintaining trademarks (U.S. and international) and copyrights for clients. The firm, located at One California Street, was in a pretty interesting building. It took up the entire block and had won awards for its design. However, every time a big storm blew in pieces of the plate glass window from the atrium ceiling would crash to the floor below, resulting in sections of the lobby being blocked off. There were stories of the building being haunted because it had been built on fill on top of old sunken ships from the late 1800's or early 1900's. Also, a transformer blew up in the basement of the building one day, contaminating the entire building with PCB's. Some businesses never returned. Our office shut down temporarily and we commuted to one of

the branch offices in Palo Alto (south of San Francisco about one hour) until the building could be sanitized by people wearing protective suits!

What prompted you to choose a paralegal career?!

I wanted to be challenged, and I wanted a profession where I would be continually learning new things. Boy, did I choose the right field! Law constantly intrigues me because it weaves through everyone’s life at some point, in one way or another. Being a part of a legal team allows a paralegal the opportunity to help people through the process. I began my career in intellectual property, primarily because it sounded interesting and challenging. Labor Law (my second job) was also challenging. The firm I worked for represented the Longshoremen's Union local on the San Francisco waterfront. When they went on strike, the practice area of the firm I worked for went on twenty-four hour shifts! The firm would send those of us who worked the night shift home in taxis to make sure we arrived safely.

What is the favorite part of your job?

At present, the favorite part of my job is working with the client to resolve his or her issues – explaining the legal process so the client understands and feels as comfortable as possible. Most people do not have a clue what the legal process is, for example, after a motor vehicle collision. They are often confused about how insurance works. In addition to dealing with their injuries from the collision, property loss, and claims procedures, they are then required to become involved in the legal process. Frequently, they are required to participate in mediation and arbitration. Often they become involved in a lawsuit. I enjoy helping our clients through the entire process. When I started in the legal field I was enthusiastic about all phases of the law. I wanted to learn, learn, learn. I worked in different areas of law so I could learn as much as possible. I enjoyed litigation, especially going to depositions with the attorney and then on to trial. Having done all of that, I am very comfortable with my present position in the legal profession, and would not trade my experiences for any other.

What has been the highlight of your career?

Wow, do I have to pick one? Dealing with the Longshoremen was quite an education in itself. There were lots of temporary restraining orders, dealing with the press, and long hours. Then again, spending six years on the Firestorm class action lawsuits while working as a paralegal at Paine Hamblen in Spokane was pretty intense. In October 1991 a huge firestorm swept from a southwest direction to a northeast direction through eastern Washington, northern Idaho and western Montana. Various property owners accused local power companies of causing the fires due to downed power lines in power company right-of-ways,

which the property owners claimed had not been properly maintained. Paine Hamblen defended the power companies sued by the property owners. I was the lead paralegal for the defense team and there was an incredible amount of work and time invested in those class action lawsuits. We traveled to the various areas where the fires occurred, spent incredible amounts of time searching for and sorting through documents, answering mountains of discovery and attending lots of meetings. There were unending numbers of depositions, experts to work with, bifurcation of cases, one heck of a database, close to 100 boxes of documents and again there was the challenge of putting all the puzzle pieces together. We wound up in a long mediation at Gonzaga University which was incredibly interesting. I also enjoyed working on cases regarding issues involving Native American fishing rights claims along the Columbia River. Again this involved the power companies. We traveled to the Corps of Engineers office in the tri-cities area to review treaties and photos over 100 years old. That was truly amazing.

Do you have a personal philosophy or motto?

Actually, yes. A long time ago my Mom gave me a framed poem that reads, “Keep your thoughts positive, because your thoughts become your words. Keep .your words positive, because your words become your actions. Keep your actions positive, because your actions become your habits. Keep your habits positive, because your habits become your values. Keep your values positive, because your values become your destiny.” To me, that says it all.

Did you have a mentor in your early career?

I have been very fortunate to work with incredible attorneys and paralegals, both in very large firms and in smaller firms. They were my mentors and I am very thankful to all of them. At this point in my career, I am hopeful of returning some of that mentoring to the legal profession.

What general piece of advice would you give a starting paralegal?! I

f you are passionate about the legal profession, nothing should stop you from achieving the experience you seek. I don't think it is more difficult today than it was thirty years ago, but it is very different. A starting paralegal may have to look at more creative ways to get a foot in the door. Take the opportunities you are offered. You may be amazed at where they lead.

What would be your dream position as a paralegal?!

I've never thought about having a dream job. I've always been so busy with the job at hand, and feeling fulfilled doing that job well, that the thought never crossed my mind.

(Continued Next Page)

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

22 Nullam arcu leo, facilisis ut

(Continued from Previous Page)

If you were not a paralegal, what would be your dream career?

A veterinarian.

What is your favorite electronic device? Note: Your computer does not count!!

Scanner, we work in a paperless (or less paper) office!

What time in the morning do you first check emails?

First thing, as soon as I turn on my computer.

What is your favorite research site, database, etc.?!

It depends on what I'm doing, I don't have a favorite.

How do you spend your free time?

I have a small art business that keeps me busy. I paint in watercolors, and design jewelry. I have a small art studio at home that is divided between my paints, and my torch and supplies for jewelry. I am part of an art co-op in Bellingham, have jewelry in the Museum of Northwest Art in La Conner, and exhibit as local shows. Art/creativity uses the "other" side of my brain, and I figure as long as I'm passionate about my art, have fun with it, enjoy meeting other artists and talking with customers, I will continue on with it. We have a Great Dane and two Maine Coon cats at home who keep us pretty busy.

What is your favorite vacation spot?!

Kauai, Hawaii,

If you were stranded alone on a desert island, what three items would you want with you?

A sketch pad and pencil, my yoga mat, and almonds.

Puzzle #0007

LEGAL FILL-IN Fit the 14 words under the diagram into their correct places filling all puzzle squares. When finished, all words will be used and all puzzle squares will

be filled-in.

Words for Puzzle

ANSWER BENCH COUNTERCLAIM DEFENDANT DENY

INTERROGATORIES MALPRACTICE MOTION ORDER PARALEGAL

STANDING TESTIMONY TRIAL VESTED WAIVER

© Don Franks 2012

WSPA's Mission:

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

We are dedicated to the enhancement of the paralegal profession.

We strive for personal and professional development.

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

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

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

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

Page 23: March - April 2012 Findings & Conclusions

Puzzle Answers...LEGAL FILL-IN

.

A C T BI N T E R R O G A T O R I E S

S U I NW N A C

D E F E N D A N T L HR E T

P R V E S T E DM A L P R A C T I C E S

R L TA O S T A N D I N GL R I ME D M M O T I O NG E N

W A I V E R D E N YL

LEGAL LETTER DROP

J H L Y HB W T O T O I A T I E RA E H U R R D S W C D ES E N T E Y A S E C H E OA J U R Y I S C H OS E N T O D E C I D E

W H O H A S T H EB E T T E R L A W Y E R

LEGAL QUOTATION

T H E O L D I D E A O F AG O O D B A R G A I N W A S A

T R A N S A C T I O N I N W HI C H O N E P E R S O N G O T

T H E B E T T E R O F A N OT H E R T H E N E W I D E AO F A G O O D C O N T R A C T

I S A T R A N S A C T I O NW H I C H I S G O O D F O RB O T H P A R T I E S T O I T

Page 24: March - April 2012 Findings & Conclusions

Washington State Paralegal Association

Membership Application

PO Box 58530, Seattle WA 98138 Membership Year 1/1/2012 to 12/31/2012

WSPA Membership Application- Membership Application form page 1

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

Applicant Name:

Preferred Mailing Address:

Daytime Phone: __________________________

Evening Phone: ___________________________

Fax Number: ___________________________

E-Mail Address(es): Employer Name & Address:

Send Mail to: � Home � Work

WSPA Membership (See below for definitions and requirements.)

Check one and submit the appropriate membership fee with your application. Make checks payable to WSPA.WSPA is a Washington not-for-profit 501(c)(6) organization, Tax ID # 51-0140447:

� Regular Member - $85.00 Employer Paid? �Yes �No

� Associate Member - $60.00

� Student Member - $40.00 � Sustaining Member - $200.00

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

Special Qualifications: � PACE® Registered Paralegal � CORE™ Registered Paralegal � LPO � Other Please Describe:___________________________________________________

Chapter Affiliation(s):� East King County � Northwest � Seattle � Snohomish County � South King County � Spokane � South Puget Sound � Central Washington � Other: _______________________

Check all areas in which you are willing to help: � Chapter Activities � Events (CLE's, Convention) � Membership � Newsletter � Job Bank Admin. � Other:_______________________________________________________________________

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

Page 25: March - April 2012 Findings & Conclusions

WSPA Membership Application- Membership Application form page 2

Education: (check all completed) � Assoc. Degree, Paralegal Studies � Assoc. Degree, Other � Bachelor's Degree, Paralegal Studies � Bachelor's Degree, Other

� Certificate in Paralegal Studies � Master's Degree � Other Postgraduate Degree � Other: ____________________________

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

Name of the school/program: __________________________________________________________________________

Location:_____________________________ Length of program:_______________________

Degree expected: Type:_________________ Month & Year:___________________________

Employment: Number of years of experience as a paralegal _______. Current status (Check all applicable):

�Employed full-time as a paralegal �Employed part-time as a paralegal �Employed full-time, not as a paralegal �Employed part-time, not as a paralegal �Full-time student in a paralegal program** �Part-time student in a paralegal program** �Unemployed �Other: _________________________

Employer Type: �Private Law Firm �Government Agency �Public Service Agency �Self-employed/freelance/contract �Corp. Legal Dept./Other Private Industry �Temporary Employment Agency

Practice Areas (check all areas in which you regularly practice): �Admiralty/Maritime �Bankruptcy �Civil Litigation �Collection �Commercial Torts �Contracts �Corporate/Business �Criminal �Elder Law �Employment/Labor �Environmental �ERISA/Employee Benefits �Estate Planning �Family/Domestic �Foreclosures �Government �Intellectual Property �Land Use �Legal Technology �Malpractice/Professional Liability �Personal Injury �Probate �Real Estate �Securities �Tax �Workers Compensation �Other:__________________________________

Definitions Paralegal (NFPA Definition): A paralegal is a person qualified through education, training, or work experience to perform substantive legal work that requires knowledge of legal concepts and is customarily, but not exclusively, performed by a lawyer. This person may be retained or employed by a lawyer, law office, governmental agency, or other entity or may be authorized by administrative, statutory, or court authority to perform this work. For additional definitions, requirements, and various other information, check our web site at http://www.wspaonline.org. Privacy Policy WSPA’s general policy regarding member information is that we do not share this information indiscriminately. We must share name and mailing address with NFPA in order for you to receive your full membership benefits. We may share name and mailing address with certain legal-related vendors, including seminar sponsors, for a fee. This provides WSPA with non-dues income and allows us to keep our membership fees low. We provide this information in the form of printed labels, and we make it clear that the information is to be used only once. We do not give information to any vendors in electronic form which could be used multiple times. We will share with other members of WSPA any of the contact information which is usually available in the WSPA Membership Directory. This includes name, mailing address, daytime telephone, fax number, e-mail address, employer name, practice areas, and chapter affiliation(s). Any other information which we may maintain about our members is available only to WSPA officers, directors, and committee chairs. However, if your primary mailing address, phone, or e-mail is no longer accurate, we may substitute another address, phone, or e-mail. The alternate information would then become shareable as though it were the primary information for that member. You may specify stronger restrictions on certain of your information than under the standard WSPA policy, by completing and signing the following. Please check if any of the specified items should not be shared with WSPA members or vendors:

Item WSPA Members Vendors Home address (usually shared only if it is the primary mailing address) Work address (usually shared only if it is the primary mailing address) Daytime phone Evening phone ¥ Fax number ¥ E-mail address ¥

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

Signed: Date:

Page 26: March - April 2012 Findings & Conclusions

Washington State Paralegal Association 2012 Membership Renewal FormPO Box 58530, Seattle WA 98138-1530 For the Membership Period of 1/1/2012 to 12/31/2012

To file this Renewal Form with your check payment (payable to WSPA), Mail it to WSPA, P O Box 58530, Seattle, WA 98138-1530; Questions? Please email for assistance to: [email protected]

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

Member’s Name: WSPA Membership Number (if known): Preferred Mailing Address: Company Name (if applicable):

BBBB�Check here if this is an updated Mailing Address

Daytime Phone: Evening Phone:

E-Mail Address (primary):

E-Mail Address (secondary):

WSPA Membership (See below for definitions and requirements.) Check one and submit the appropriate membership fee with your application. Make checks payable to WSPA. WSPA is a Washington not-for-profit 501(c)(6) organization, Tax ID # 51-0140447:

� Regular Member - $85.00 Employer Paid? �Yes �No

� Associate Member - $60.00

� Student Member - $40.00

� Sustaining Member - $200.00

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

Membership Types – Regular Membership - $85: Any individual currently employed as a paralegal (see definition above). Regular members are eligible to vote and hold office. Student Membership - $40: Any student currently enrolled in a paralegal program and not eligible for regular or associate membership status. Student membership is limited to 3 years. Student members are eligible to vote and hold office. Associate Membership - $60: Any paralegal living or working outside Washington, not currently practicing, or retired. Associate members are eligible to vote and hold office. Sustaining Membership - $200: A person, organization or other entity interested in supporting the objectives of WSPA. Sustaining members may not vote or hold office.. CLE Credits: WSPA recognizes CLE credits are an important part of developing and maintaining one’s skills and abilities. As such, all WSPA members are strongly encouraged to obtain 10 CLE credits annually. Individuals who earn 10 CLE credits in a membership year will be recognized in the WSPA newsletter Findings and Conclusions, and will be eligible for a 10% discount off the registration fee for one WSPA CLE of his/her choice during the following calendar year. CLE credits may be reported on the attached form.