President’s Message - Idaho Paralegalsidahoparalegals.org/Resources/2008 October IAP Newslettera.pdf · In this issue... News From Around the Nation 4 Real Property Leasing 10 Home

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Fall is here and while that brings an end to summer, it’s a busy time for the

Idaho Association of Paralegals! The Fall Seminar and Annual Business Meeting is fast approaching. By now you should have received your

Seminar registration packet. Vice President of Education, Renea Ridgeway, has slated outstanding speakers this year, including keynote speaker Beth King, who’s speaking on the rapidly changing world of the paralegal profession. In addition, we will hold our Annual Business Meeting and elect new IAP officers. I hope you can attend this great seminar and meeting on October 17th.

At the meeting, the Board will present revisions to the Bylaws. The revisions were made to represent the Association’s intent that our Membership Roster not be used for commercial solicitation purposes. If you’re like me, I get so much email, and anything that can be done to eliminate more email is appreciated. However, the

In this issue...

News From Around the Nation 4

Real Property Leasing 10

Home Owners’ Associations 15

An Overview of Land Use Planning 22

October 2008 Idaho Association of Paralegals, Inc. www.idahoparalegals.org

practice that members not use the Membership Roster for commercial solicitation purposes has been a long standing policy that is relayed when a member joins the Association. The Board thought it was necessary to incorporate the policy into the Bylaws. We will vote on the revision to the Bylaws at the Annual Meeting, so don’t miss out! If you can’t make it, please be sure to appoint a proxy!

The 2007-2008 fiscal year was a successful one for the Idaho Association of Paralegals. The Association worked hard to promote the paralegal profession by…

…Encouraging a high order of ethical attainment among its members

The September issue of the IAP Network featured an article from Kay Christensen, Division Chief of the Contracts and Administrative Law Division, Idaho Office of the Attorney General, which reviewed the principles that govern paralegals and also provided resources for further information.

…Facilitating networking opportunities among its members

The IAP offered many opportunities to network throughout the year at the

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Inc. and is

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service to all

members . Non-

members

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should

contact Bernice

Myles.

Articles and

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Idaho Association of Paralegals , Inc.

P.O. Box 1254 Boise, Idaho 83701

President’s MessagePresident’s Message Lauren PaulLauren Paul

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IAP Network October 2008

BOARD MEMBERS 2007-2008

Lauren Paul, President [email protected] 208-386-5030 Vacant VP of Policy & Public Affairs Renea Ridgeway , VP of Education [email protected] 208-287-4814 Lori Peel, VP Membership [email protected] 208-334-4157 Annette Bottaro-Walklet, Secretary [email protected] 208-386-5029 Pamela Packard, Treasurer [email protected] 208-336-6766 Toni Orth, National Affairs Representative [email protected] 208-861-9340 Maryann Duncan, Board Advisor [email protected] 208-489-2614 Bernice Myles, Board Advisor [email protected] 208-334-4520 IAP Board meetings are held monthly and are open to all

members. The Board welcomes your comments, ideas and suggestions. Please call any of us at the above

phone numbers.

Holiday Luncheon, the February, April and July CLEs, the Paralegal Day Luncheon, and don’t forget the structured networking at the Spring Seminar! In addition, Vice President of Membership, Lori Peel, will be adding law specialty information to the Roster, which will be a resource to members when looking for information outside of your particular practice area.

…Sponsoring continuing legal education in a variety of formats

The Association offered wonderful legal education including the February CLE, given by Daniel Kline of the Idaho Department of Finance, on the topic of Identity Theft; the April CLE, given by Suzanne Bowman, on the topic of The Paralegals Role in Mergers and Acquisitions; and the July CLE, given by Kathryn Railsback, on the topic of Becoming a U.S. Citizen. In addition, the IAP’s Spring Seminar offered continued education by Neal Custer of Custer Agency, on Effective Use of the Internet; Leslye Boban, Executive Director of the International Rescue Committee, on how paralegals can assist in the refugee guardianship process; Sam McCue, Paralegal from the Office of the Attorney General’s Medicaid Fraud Unit, on Medicaid Fraud; and Stephen Kenyon, Esq., Clerk of the Idaho Supreme Court, on Appellate Rules of the Idaho Supreme Court. The Association has a great line-up for Fall as well!

…Promoting goodwill and cooperation with the legal community

The IAP’s Job Bank remained a great tool for employers seeking to recruit qualified paralegals.

…Other benefits to membership highlighted The Idaho Association of Paralegal’s Scholarship in Memory of

Denise O’Donnell-Day was awarded to Amy Knight at the Paralegal Day Luncheon. We are very pleased to offer $200 per semester to Amy!

In addition, IAP’s long standing association with the Idaho Volunteer Lawyers Program continued during the fiscal year providing a valuable service to the community. The IAP provided five IVLP nights where IAP members volunteered their time and expertise to interview and screen applicants requesting legal aid or by participating in family law clinics assisting clients in completing forms on-line through the Court Assistance Program. This is a great program and I’m very pleased with the IAP’s participation and involvement.

Finally, I’d like to take the opportunity to commend the efforts of Officers Lori Peel, Renea Ridgeway, Annette Bottaro-Walklet, and Pam Packard. I’d also like to sincerely thank Board Advisors Maryann Duncan and Bernice Myles for all their hard work and guidance. Additionally, I’d like to thank Mary Beth Blair for her service on the Board for the first portion of the year.

Here’s to a great next year!

IAP regularly e-mails job opportunity announcements

to IAP members. For additional job

opportunities, check the Idaho State Bar’s website at

www2.state.id.us/isb/job_announce/

announcements.cfm

President’s Message ‐ cont’d.

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IDAHO LEGAL IDAHO LEGAL STAFFING, LLCSTAFFING, LLC

Now accepting applications and resumes from paralegals seeking part-time or full-time employment with Treasure Valley law firms and other organizations. Contact Merrily Munther at (208) 724-3838 or MaryLou Brewton-Belveal at (208)344-4566.

No real estate is permanently valuable but the grave.

~ Mark Twain

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The paralegal profession is constantly growing, and fortunately, so are the resources available to these professionals. This month, the IAP would like to highlight two of these resources: Estrin Legal Ed and Know Magazine. Links to the websites of each are provided at the end of this article. To see just how close to home these resources are, you don’t have to go any farther than Estrin’s homepage where a testimonial from IAP’s own Pamela Jo Packard was featured on September 12. Of course, this would come as no surprise to anyone familiar with IAP’s penchant for networking! According to Know, your network is your net worth. Estrin primarily focuses on offering educational opportunities while Know’s magazine endeavors to further connect paralegals with the information, resources, and support they need. Both Estrin and Know offer a monthly newsletter that addresses a myriad of intriguing paralegal-related topics. Some recent subjects (to pique your interest) include: “ABA Gives OK for Outsourcing;” “Paralegal Student Takes Low Grade to Court;” “10 Ways to Succeed Overseas;” “Offbeat Things

Paralegals Do To Succeed;” and a sure favorite, “Work Less, Earn More.” Sources: http://knowparalegal.com/; http://www.estrinlegaled.com/ Other Resources from Around the Nation - If you are considering additional paralegal education, check out http://www.paralegal100.com/ for a listing of the top 100 paralegal schools in the country. Our own Boise State University makes the cut, as well as Eastern Idaho Technical College.

News From Around the NationNews From Around the NationNews From Around the Nation By Toni Orth, National Affairs RepresentativeBy Toni Orth, National Affairs RepresentativeBy Toni Orth, National Affairs Representative

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Ric Stephens has compiled a list of some of the wackiest -- yet at times quite realistic -- urban planning words, in a vocabulary he has dubbed 'Plannerese.' This week's Planetizen Op-Ed includes a selected glossary of the terms, in addition to 'A Modern Fairy Tale in Plannerese,' which looks at a typical planning issue through the humorous lens of planning jargon. Community innovation is one of the most dynamic and challenging responsibilities for today’s planners. “Sense of place” and “place-making” are evolving concepts focusing on the need for unique and meaningful communities. Our language is simultaneously developing colorful and humorous ways to express sense of place…or lack of it. The most well-known recent planning acronym is NIMBY, “not in my backyard.” Spinoffs from this popular planning term include LULUs (locally unacceptable land uses), but the ultimate nimbyism is expressed by BANANA: build absolutely nothing anywhere near anything. Building on these more common planning

terms, I have compiled a list of some of the wackiest – yet at times quite realistic – planning vocabulary, which I have dubbed Plannerese. The lack of ‘sense of place’ has been a humorous topic for planners and the general public. One of the most well-known comments regarding “placelessness” is Gertrude Stein’s suburbia remark “There’s no there, there.” The repetitive, monotonous design of buildings and places has introduced new expressions such as “blurb” (an indistinguishable suburban neighborhood), as have persons engaged in placemaking or ‘disengaged’ in planning non-descript places, including DUDE: developer under delusions of entitlement. The following is a twisted journey into the world of Plannerese – a modern planning fairy tale that may not be so far from the truth. A selection of the plannerese used in the story is included in the glossary below.

The Three Local Builders A Modern Fairy Tale in

Plannerese On a previous occasion there were three local builders who needed environmental studies, subdivision and design review approval, and permits to build DUs, drop some iron, and capture their market share. Before they began, the Planning Director told them “Whatever you do, do it the best that you can because that’s the way to get along in the community.” The first local builder planned his distainable development in the California Raunch style because it was the easiest thing to do. The second local builder planned his indistinguishable suburb, or blurb, in the Moditerranean style. This was a little bit more stylish than the California Non-descript Ranchburger. The third local builder planned his development in the Neo-contempo Italianalienate style. One night the Design Review Board, who zealously guided local builders, spent

From NIMBYs to DUDEs: The Wacky From NIMBYs to DUDEs: The Wacky From NIMBYs to DUDEs: The Wacky World of PlannereseWorld of PlannereseWorld of Plannerese

By Rick StephensBy Rick StephensBy Rick Stephens [This piece originally appeared on Planetizen, www.planetizen.com][This piece originally appeared on Planetizen, www.planetizen.com][This piece originally appeared on Planetizen, www.planetizen.com]

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“quality time” with the first local builder’s shlubdivision. They said “More details, more details, local builder or DBTD/DBTN!” “Designer babble, designer babble,” said the local builder. “No Disneyfication!” But of course the designosaurs did recommend denial of the hacked tract map and blocked the first local builder. The Planning Commission then reviewed the Moditerranean, vanilla, cookie-cutter subdivision. “More planning, more planning, local builder or we’ll analyze until you paralyze, and your map will never finalize.” “Cheap theater! Amateur night!” said the local builder. But the Planning Commission recommended denial for that subdivision too, and bankrupted the second local builder. The City Council then reviewed the Italianalienate vavavoomburb. “More citizens, more citizens” declared the Council “or BANANA ballot box planning will block your Master-Planned Camelot.” “We’ve passed every itty bity city committee, and this project exceeds their caring capacity,” said the builder. Well, the Council muffled and shuffled but they could not slow down that Moditerranean

fauxburb. But the sandalistas and treehuggers suffered a ‘sense of immunity.’ “DUDE! DUDE!” they said and challenged the CEQA doczilla as a way to stop the development. The local builder saw the CAVEmen stockpiling petitions and filed a SLAPP. He then obtained a paseo of hired guns—landscrapers, architorturors, and an escheat of lawyers. When the City Council Hearing was held, the dog and pony show induced PowerPoint Poisoning, and the Council only asked for “MVP—more vines please.” The next day the local developer met with the Planning Director. She said, “You see it is just as I told you: AICP—Any idiot can plan, but the way to get along in the community is to do things as well as you can.” Fortunately for that local developer, he learned that lesson. And he just lived happily ever after…ITNC—in the next county! Glossary BANANA: Build Absolutely Nothing Anywhere Near Anything

CAVEmen: Citizens Against Virtually Everything CEQA: Consultants Employment Quality Act [California Environmental Quality Act] DBTD/DBTN: Two common vaccines used by planners to “fix” a project they don’t like. DBTD is technically Death By a Thousand Days and DBTN is Death By a Thousand Nicks [also known as the BED Principle—“Bleed ‘em Dry”] Disneyfication: Architectural fad on a community scale. Doczilla: Any technical report that should be caged rather than shelved. DUDE: Developer Under Delusions of Entitlement Fauxburb: Modern suburb replicating post WWII suburbs with eclectic architecture. PowerPoint Poisoning: Nauseous state of mind and body induced by viewing “professional” presentations. Sense of Immunity: Mistaken belief that land use regulation does not

apply for a particular neighborhood or site. SLAPP: Strategic

From NIMBYs to DUDEsFrom NIMBYs to DUDEsFrom NIMBYs to DUDEs

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Lawsuit Against Public Participation

Additional Terms Spinoffs of NIMBY:

BANYs Builders Against NIMBYs [Not In My Backyard Activists] GOAH Gedoudaheah GOOMBA Get out of my business area GUMBY Gaze upon my backyard [Opponents of residential walls and fences] KIIMBY Keep it in my backyard NIABY Not in anyone’s backyard NIMD Not in my district NIMEY Not in my election year NIMFOS Not in my field of sight NIMFYE Not in my front yard either NIMTOO Not in my term of office NITL Not in this lifetime NOPE Not on planet earth NORF No observable redeeming features NOT None of that NOTE Not over there either NUMBY Not under my

backyard PIITBY Put it in their backyard QUIMBY Quit urbanizing in my backyard WIIFM What’s in it for me? YIMBY Yes in my backyard

Repetitive, monotonous design of buildings and

places: Anyplace syndrome: No ‘sense of place’ B4 and after: Big, bland, beige box…still. Less than inspiring architecture even with

extensive landscaping. Comprehensive Flan: The relatively bland, custard-like filling in many Comprehensive Plans. Custard development: Bland clustered development. Déjàvenue: An impression of having seen or experienced the same street before. Gagplanistan: A place of massively meaningless planning. Generica: The stores and strip malls you can see in any town in America. McPlace: Standardized

“sense of place.” Nullibiety: State of being nowhere. Pablumia: A universal name for urban communities whose ambiances of uniqueness and regional flavor have been eradicated in favor of cookie cutter chain retail stores, restaurants, background music, entertainment and interchangeable local residents all dressed as Americans. The word is from the baby food, Pablum, which has a bland consistency and is completely tasteless. Placebo: A place that has the appearance, but none of the value of a real place. Oatmeal Architecture: Contemporary bland, beige, stucco architecture. Ranchburger: A one-story generic southwestern tract house. Replaceable places: The same drive-ins, prefab motels, offices, and salesrooms on every road and corner. Second Street: Average, lackluster or normal. Stemming from the fact that Second Street is the most common name in the United States.


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Taupeville: A neighborhood that requires buildings to be all neutral colors, usually beige and taupe. Generic, non-descript, lacking in personality and boring. ‘Over the taupe’ implies something more creative or excessive. Terrorforming: Extremely bad urban designing. The opposite of “terraform:” to change a planet’s surface and atmosphere so that life as it exists on Earth is possible. Urban fabric softener: Generic zoning that smoothes out the distinctions between areas. Vanilla: An adjective for a bland or boring design or plan.

Suburbia:

Betty Crocker Suburb: A suburb without child care facilities. Blurb: Indistinguishable suburban neighborhoods. Peter Pan Suburb: Suburb designed without consideration for the elderly. Sitcom Suburb: Neighborhoods of traditional Cape Cod or colonial houses with neat front lawns. Suburbidity: A thick, hazy

condition of sense of place.

…and many other ‘burbs’ such as boomburbs, baddaboomburbs, biz burbs, exurbs, fauxburbs, mallburbs, penturbs, shruburbs, technoburbs, zoomburbs, and vavavoomburbs. Practitioners:

Blandscape architect: Minimalist landscaper. Bungalow Bill: Tract house architect. CAVEman: Citizen against virtually

everything. Designosaur: Designer with an enormous impact. DUDE: Developer under delusions of entitlement. Hippodamist: A city planner [from Hippodamus, a fifth-century Greek architect, who planned the first city]. Inferior desecrator: Interior designer. Landscraper: Landscape architect. Meisterplanner: An artistic or epic planner.

Sense of place:

Scents of place: The odors, smells, aromas, and fragrances associated with a place. The most powerful of the senses is also the most overlooked in planning. Sense of entry: The front door is big and far away. Sense of immunity: Mistaken belief that land use regulation does not apply for a particular neighborhood or site.

Ric Stephens is a Principal with Alpha Community Development located in Portland, Oregon. Alpha’s expertise is in

development with a community perspective. Alpha offers planning, surveying, interior design, civil engineering, structural engineering, landscape architecture, development investment, and development management. The Plannerese Dictionary is available from Trafford Publishing.


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Every person who invests in well-selected real estate in a growing section of a prosperous

community adopts the surest and safest method of becoming independent, for real

estate is the basis of wealth.

~Theodore Roosevelt

208-422-0232 www.dataonesecure.com

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Real Property LeasingReal Property Leasing By Maryann Duncan, Paralegal DDRSBy Maryann Duncan, Paralegal DDRS

Paralegals may, at some point in their career, have the opportunity to review real property leases. You may be asked by your supervising attorney to conduct the initial review of a client’s lease for office or retail space, to review the lease for your office building for a renewal or relocation, or, as in my case, to review leases as your primary job function representing the landlord. All real property leases, just like any other agreement or contract, have boilerplate language which includes, but is not limited to, identifying the parties, setting forth the commencement and expiration of the term of the agreement, identifying the monthly rental due, addressing the payment of or reimbursement for project operating costs, setting forth assignment rights, addressing defaults by Landlord or Tenant, and many more standard provisions. However, don’t be fooled, just because a lease contains standard boilerplate language, that does not mean you cannot propose alternative language that is more favorable to your position. When conducting your review, you should be as thorough as possible and identify any questions, “terms of art,” or provisions in the lease that you do not understand. Because a lease can be complex and quite lengthy (50 – 100 pages is not uncommon), first of all, you need a lot of stamina and self discipline (a little caffeine seems to do the trick) to read a lease from beginning to end and a basic knowledge of what to look for. Below are a few of the key points that I look for when reviewing a lease: 1. Property Type. Each type of property has different factors that you need to consider. It is imperative that you correctly identify the type of property that is the subject of the lease; whether it is office space, retail space, flex or industrial space, or any combination of the above. Reviewing the letter of intent or proposal will give you the information you need to determine the

lease type and many of the basic business points that should be incorporated into the lease. 2. Commencement and Delivery Dates. Because most leased spaces require leasehold improvements (or construction) to the space before a tenant can move in and open for business, the delivery date, lease term commencement date, and rent commencement date can be the subject of much debate. The landlord’s main goal is to get the lease commenced and for the tenant to start paying rent, while the tenant’s main goal is to

make sure the landlord delivers the space on time, with the leasehold improvements completed, and that the rent does not start until the tenant is ready to open for business. As the paralegal, you will need to know what the client’s main goal is, and to propose solutions to protect that goal. For example, if the landlord fails to deliver the space pursuant to the date in the lease, is the tenant entitled to an abatement

(waiver) of the rental obligation, a termination of the lease, or it is handled as a landlord default? If the client is the landlord and the tenant delays the delivery of the space, is the landlord entitled to rent on the space even though the tenant does not have possession of the space? 3. Monthly Rent and Additional Rent/Expenses. The economics of the deal are important points to both the landlord and the tenant. You will want to make sure you identify and understand exactly what expenses are included in the base or fixed monthly rental amount and what items are subject to payment by the tenant directly or as a reimbursement to the landlord. For example, are common area maintenance expenses such as landscaping, parking lot sweeping, snow removal, and maintenance of the building included in the tenant’s monthly base rent, or is tenant subject to an additional charge for those expenses? How are

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Real Property Real Property -- cont’d. cont’d. taxes, insurance and utilities charged? Does the landlord charge a management fee and/or an administrative fee? If the tenant is required to pay the landlord a management fee and/or administrative fee, find out how much the fees are and how the fees are calculated. For example, a management fee can be charged as a percentage of total gross revenue received for the building, whereas, an administrative fee can be charged as a percentage of operating expenses. The key here is to understand the fees charged by the landlord and then to see if you can eliminate any of the fees or negotiate a cap on those fees. 4. Repairs and Maintenance. It is also important to understand and make sure the lease correctly reflects the repair and maintenance obligations of each party. For instance, if you are reviewing an office building lease, you would want to find out if the landlord or the tenant is responsible for repairs inside the tenant’s space. For example, the tenant has a problem with an electrical outlet, who is responsible for repairing the outlet? If the landlord is responsible, is the cost of the repair part of operating costs which are billed back to the tenant? Another concern for many tenants is the HVAC system. Make sure the lease is clear as to whether it is the landlord’s or the tenant’s obligation to maintain, repair, and, if necessary, replace the HVAC system. 5. Surrender of Space and Repairs and Alterations. Most leases require a tenant to surrender the space in broom clean condition and in as good as condition as when tenant took possession of the space. As the paralegal reviewing the lease, make sure you know what this means. Does the tenant need to remove the leasehold improvements installed by the landlord to get the space ready for tenant’s occupancy? Is

the tenant required to remove any alterations (walls, doors, etc.) the tenant made to the space after commencement of the lease? Is the tenant required to remove cabling that was installed to run their computer systems? 6. Insurance Requirements. Tenant’s insurance requirements are probably the least understood, and most overlooked, provision in the lease by small tenants (that is tenant’s without in-house counsel and risk management departments). Insurance is a difficult topic, that I won’t even attempt to address, except to say that the tenant should have their insurance agent review the tenant’s insurance requirements to make sure the tenant has the insurance required in the lease. If you’re reviewing the lease for the landlord, it is good practice to request a copy of the tenant’s certificate of insurance to make sure the tenant’s insurance coverage is sufficient to meet the lease requirements. If the tenant does not have the required insurance, the time to negotiate alternative insurance coverage is before the lease is signed, not after. As you can see, I’ve only touched on a few of the many standard provisions that make up a lease. The world of real property leasing has many nuances and complexities that can boggle your mind, set your blood boiling when negotiations get tough, and give you a sense of satisfaction for a job well done when the lease is finally executed by both parties.

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Paralegals and the Field of Construction Law By Merrily Munther, Attorney at Law

Munther Goodrum Sperry, Chtd.

One of the subjects a paralegal is likely to deal with in construction law is the area of mechanics liens. A mechanic’s lien is a claim on property that a workman or contractor may file when he does not get paid. A materialman’s lien is similar but it applies to one who supplies materials for a construction project. They are both treated similarly under Idaho law, with certain exceptions. Governing law is found at Idaho Code §§ 45-501, et seq.

A claim of lien may be filed when a supplier of labor or materials does not get paid. This does not apply to projects on government property where the supplier is more likely to be protected under bonding statutes.

In Idaho, a contractor (supplier of labor or materials) must file a notice of claim of lien on or before 90 days following the last work performed as part of the original contract or change orders or of the delivery of materials that are to be incorporated into the project. There is no obligation in Idaho, as there is in some other states, to post an intent to lien on the project or in the recorder’s office as a condition of perfecting a mechanic’s lien. The notice of claim of lien is filed in the office of the county recorder where the project is located. The claim of lien must contain (1) the amount of the claim, after deducting all credits and offsets; (2) the name of the owner, or reputed owner of the property, if known; (3) the name of the person by whom he was employed or to whom he furnished the materials; and (4) a description of the property to be charged with the lien, sufficient for identification. In addition to being notarized for recording, the claim must be verified by the oath of the claimant, his agent or attorney, to the effect that the affiant believes the same to be just. The failure to include the verification is fatal to the claim of lien. A copy of the claim of lien must be served on the owner or reputed owner of the

property by delivering a copy to the owner or reputed owner personally or by mailing a copy by certified mail to the owner or reputed owner at his last known address, no later than five business days after recording of the claim of lien. The date of the lien relates back to the date of commencement of furnishing labor or materials, and in the case of materials manufactured for the project, back to the date of commencement of manufacture of the materials. Thus, if the lender records his mortgage after work has commenced, the liens of the contractor/subcontractor/supplier

may have priority over the mortgage lien. As a practical matter, the attorney’s initial work, and thus the paralegal’s, is usually the preparation of the claim of lien. When you get that call, ask the client to send their project contract or purchase order and any change orders, their invoice(s) and anything they have which reflects the address or legal description of

the property. Immediately contact the title company of your choice and request the last deed of record for the property. This should provide you with an accurate legal description and the name of the most recent owner of the property. If there is a time lag before the lien is ready to be recorded, go back and again request a copy of the last deed of record so you are sure you are correctly naming the owner, as the failure to give notice of the claim to the owner will invalidate the lien. If the lien is sizable, the legal description is complex, or you feel that litigation to enforce the lien is inevitable, it is generally worth ordering a litigation guarantee from the title company so you and your client are protected against misinformation. These cost a minimum of $200 and go up depending on the size of the lien, but this is a cost recoverable from the property owner if the lien is enforced. After the lien is recorded, you can request an update to show

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Field of Construction Law - cont’d.

the recorded lien. When and if litigation is required, you should be able to update that guarantee before and after suit is filed. In the former case, it will ensure that you name all the parties required to be named in order to enforce the lien, and in the latter case, it will ensure that the title company has picked up on the lis pendens you will file simultaneously with filing of the complaint to enforce the lien.

The lien will expire six months after the claim has been filed unless a suit to enforce the lien has been filed with the appropriate court before that time, or unless a payment on account has been made, or extension of credit given with expiration date, and such payment or credit and expiration date is endorsed on the record of the lien. In the latter case the lien will expire six months after the date of such payment or expiration of extension. Typically, a suit to enforce the lien will name all other lien holders including lenders. The suit will often include additional causes of action: breach of contract, open account, etc. Each of the lien holders will usually file counterclaims and cross-claims to set up their claim. Liens of the same class are on an equal footing, regardless of the date of the filing of the lien or commencement of work. As part of the judgment, the court will declare the priority of the liens in the following order:

1. All laborers, other than contractors or subcontractors;

2. All materialmen including persons furnishing, renting or leasing equipment, materials or fixtures, other than contractors or subcontractors;

3. Subcontractors; 4. The original contractor; and 5. All professional engineers and licensed

surveyors. If the proceeds of the foreclosure sale are

insufficient to pay all lienholders, they will be paid as follows:

1. The liens of all laborers, other than the original contractor and subcontractor, shall first be paid in full, or pro rata if the proceeds are insufficient to pay them in full.

2. The lien of materialmen including persons furnishing, renting or leasing equipment, materials or fixtures, other than the original contractor or subcontractor, shall be paid in full, or pro rata if proceeds are insufficient to pay them in full.

3. From the remainder, subcontractors shall be paid in full, or pro rata if the remainder is insufficient to pay them in full, and the rest shall be paid pro rata to the original contractor and the professional engineers and licensed surveyors. Each claimant is entitled to execute on his judgment for any balance due him after distribution. This deficiency would entitle the claimant to try to recover against any other property of the owner. If your client is on the receiving end of a

lien which he believes is unjust, he may seek to post a surety bond with the court in order to have the lien released. The procedure for this is set out in Idaho Code §§ 45-518 – 45-524. This allows the lien holder to proceed against the bond and entitles him to demand a 30-day setting, with priority ahead of all other hearings except criminal hearings.

There are other actions related to construction that will require the engagement of law firms and paralegals, including the transaction of development and building businesses, and litigation relating to breaches of contract and faulty construction, but these are beyond the scope of this article.

Merrily Munther is a partner in Munther Goodrum Sperry, Chartered, and has been practicing law in the fields of real estate and construction, labor and employment, and general business for more than 30 years.

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Home Owners’ Associations By Kim Schwisow, Paralegal

Murphy Law Office, PLLC

Generally, an HOA is a Home Owners’ Association or some version thereof, enforcing the restrictions within a particular development, whether it is a subdivision, condominium or something in between. These associations are governed and driven by four primary documents that all work together: 1) Articles of Incorporation; 2) Bylaws; 3) Initial Meeting Minutes; and 4) the Declaration.

The Articles of Incorporation formalize the Association as a non-profit corporation through the Idaho Secretary of State.

The Bylaws provide for the regulation of the internal affairs of the Association, which includes specifying the number of directors and setting out the duties of the officers.

The Initial Meeting Minutes of the Association adopt the Bylaws and set out the elected officers.

Finally, the Declaration, commonly called CC&R’s, sets out i) covenants, conditions, and restrictions for the development; ii) details the powers and duties of the HOA and its directors; iii) governs assessments; iv) property rights; and v) other general provisions dealing with items such as amendments, notices, and annexation of additional property into the

development. Anyone looking to purchase real

property within a development should consider whether the real property is encumbered by a declaration, and, if so, should read the declaration carefully prior to purchasing the property. The provisions contained within declarations are increasingly

becoming more restrictive and regulatory on property owners and their use of their property within the development. In addition, HOAs are becoming more regulatory in their oversight of the provisions of the declaration and are actively enforcing the provisions contained within the declaration to the fullest

extent allowed. For example, many developments in the Treasure Valley require that all vehicles be parked inside the garage at night. On its face, this regulation sounds reasonable, but in reality what is a 4-car family with a 2-car garage to do?

Many HOAs hire management companies to assist with the workings of the HOA and to oversee the enforcement of the declaration. Management companies can be the HOA’s biggest asset or biggest detriment. If the HOA Board provides guidance and direction to the

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Home Owners’ Associations - Cont’d. management company and the two work in tandem, the result is usually a successful relationship and a well-rounded development. If the management company is allowed to essentially run the association with little or no input from the HOA Board, this can result in i) over-enforcement of unreasonable issues; ii) under-enforcement of reasonable issues; iii) excessive fees; and iv) untimely responses. For example, one management company in the Treasure Valley has a practice of using an Oregon based law firm to file its liens and handle other legal related matters, with no office presence in the Treasure Valley. The firm charges an hourly rate of $325.00 per hour, well above the going hourly rate for legal services in the Treasure Valley. This is just one example illustrating that active oversight by the HOA Board of the management company is critical.

One of the most effective services that management companies provide for HOAs is a consistent and regular patrol of the development to ensure that owners are complying with the requirements of the declaration. The HOA Board is a critical piece of the success of the development because these are members living within the

development. While all of the requirements of the declaration must be met, unless otherwise provided for, the HOA has the ability to enact rules and regulations, and clarify the intent of the declaration. Many times these rules and regulations are published in an HOA newsletter, so be sure to read any correspondence from your HOA carefully. Often times a fee and fine schedule is enacted by the HOA for

specific declaration violations and notice of these changes are provided in the HOA newsletter. To some extent, the use of a management company provides some “insulation” to the HOA

Board to maintain a friendly neighborhood while enforcement occurs.

I would encourage anyone living in a development to be educated about the workings or non-workings of their HOA and develop an understanding of any relationship between the HOA and management company. A good partnership in place between the HOA Board and the management company is an essential start to a smoothly operating HOA.

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An Overview of Real Estate TransactionsAn Overview of Real Estate Transactions By Teresa J. Turner, Paralegal, Spink Butler, LLP Most business transactions (such as company

mergers, stock sales, and property exchanges) follow a familiar pattern, and this article discusses real estate transactions in particular. The paralegal’s role in real estate transactions typically focuses on contract drafting, due diligence review (especially title and survey), drafting closing documents, and facilitating the closing process. We also may focus more deeply into investigating the property, such as reviewing physical inspection and environmental reports and the terms of any active leases and contracts.

Once the purchase and sale agreement is negotiated, drafted, and executed, it becomes the road map to the entire transaction process, including the closing. The first phase of the transaction is called the due diligence review period which consists of the buyer’s thorough investigation of the property and confirming any financial arrangements. Buyers have a defined period of time in which to conduct the due diligence review, during which time the buyer can terminate the purchase agreement if the property is deemed unsuitable and (usually) receive a refund of the earnest money. A title and survey review period can run simultaneously with the physical inspection period or may have a different (sometimes longer) time period, often due to timeframes required to complete surveys and address any issues of concern. Complexity and length of due diligence periods vary based on the complexity of the property; vacant land requires a relatively short review period, while large developed commercial properties such as shopping centers or office buildings require longer since they include not only the physical inspection but also an examination of all executory contracts, leases, insurance policies, utilities, and so forth. Buyers must object to any unsatisfactory matters within the review period or waive the right to terminate the purchase agreement; if objections are made, the seller is then given the opportunity to “cure” the defect – and sometimes compromises are reached instead which may or

may not require amending the terms of the purchase agreement.

After due diligence is completed and the buyer is satisfied with the condition of the property and any financial arrangements (including lender requirements), the parties are ready to close. The closing date can be predetermined, or it may occur by mutual consent within a time certain after completion of due diligence. A third-party escrow agent is almost always used for the closing process, and in Idaho that role is typically filled by the title company that will issue the owner’s title insurance policy. The escrow agent will have been engaged as soon as the purchase agreement is signed, and the buyer’s earnest money is deposited there for disposition at termination or closing of the transaction.

A brief note about financed transactions: lenders frequently control the closing process regardless of the scheduled closing date. Obviously the transaction can’t close without funds for the purchase price, and by the time the parties get to the closing table they usually are motivated enough to stay in the game notwithstanding lender-caused delays. Such delays often arise from negotiating, reviewing and revising loan documents, and requesting endorsements to the lender’s policy of title insurance.

The happy day finally arrives when the transaction is ready to close. Typical closing documents include closing instructions to the escrow agent from the buyer, seller, and/or the lender; a deed conveying fee title to the property from seller to buyer; a bill of sale conveying any included tangible or intangible personal property from seller to buyer; loan documents for the buyer; any assignments of leases or contracts which the buyer is assuming; and a settlement statement reflecting the purchase

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Real Estate Transactions Real Estate Transactions -- cont’d. cont’d.

price with adjustments for earnest money deposits, title insurance, survey costs, inspection fees, prorated taxes, assessments, and any prorated utilities or rents. The escrow agent will have additional closing documents for its own purposes and protection, including separate escrow instructions, notices, waivers, indemnities, and tax proration agreements, all of which are reviewed, revised if necessary, and approved in advance by the parties.

Escrow closing instructions, as with the purchase agreement, are particularly important in guiding the closing process. The instructions should be acknowledged and accepted by the escrow agent to avoid unnecessary conflicts at closing. The instructions address which party is delivering which closing documents, the order in which they are recorded, the final approved exceptions and endorsements to the title policies to issue, and post-closing distribution of documents. Any conflicts between separate instructions from the parties are usually resolved in favor of the escrow agent.

When sufficient funds are delivered to the escrow agent by the buyer and/or its lender, an executed deed is delivered by the seller to the escrow agent for recording, and all other closing documents are executed by either or both parties as required, the deed is recorded in the county records and the proceeds of sale are delivered to the seller – and the transaction is officially closed. Within days or weeks after closing, again depending on the complexity of the transaction, the closing documents will be distributed according to the closing instructions of the various parties, and the title insurance policies are issued to the buyer and the lender.

Real estate transactions are always interesting and unique based on the characteristics of the property and the requirements of buyers, sellers, and lenders. Getting to the closing table can be a long and sometimes arduous process but is rewarded in the end by the parties each fulfilling its goals and objectives.

The next IVLP NIGHT SESSION is scheduled for OCTOBER 1, 2008 and the session will run from approximately 5:30 p.m. to 7 p.m. Volunteers will he assisting individuals in filling out divorce, custody, and other domestic relations forms on-line. IAP members will receive one CLE credit toward their annual CLE requirement for IAP membership. The IVLP will provide pizza and there will also be a drawing for two free movie tickets! Contact Pam Packard, Treasurer, at [email protected] for details and to volunteer. IAP’s FALL SEMINAR AND ANNUAL BUSINESS MEETING is scheduled for FRIDAY, OCTOBER 17, 2008 from 8 a.m. to 4 p.m. at the Owyhee Plaza in downtown Boise. Beth L. King, RP, will be the keynote speaker presenting “Paralegals 2008: Surviving in a Rapidly Changing World.” Always a favorite with seminar attendees, Scott Birch, Investigator for the Criminal Law Division of the Idaho Office of the Attorney General, will present “Utilizing Forensics in Criminal Investigations.” A break out session will start off the afternoon with the option of attending “Trial Advocacy in How to Make Trial Exhibits Appeal to the Jury,” presented by Jared D. Olson of the Idaho Prosecuting Attorney’s Association, or “The New LLC Law,” presented by Mia Murphy, Attorney at Law with Murphy Law Office, PLLC. Peter M. Desler, Attorney at Law, will close out the seminar with his presentation of “A Primer in Alternative Dispute Resolution.” The Annual Meeting will be held during lunch when new Board members will be elected and Bylaws revisions will be presented. By now, you should have received your seminar registration packet in the mail. If you have not received your packet, have not yet registered, or have questions regarding the Fall Seminar and Annual Business Meeting, please contact Vice President of Education, Renea Ridgeway, at [email protected]. Also, watch your email for information on IAP’s upcoming ANNUAL HOLIDAY LUNCHEON to be held in DECEMBER – Ho, Ho, Ho!

Upcoming CLEs, Meetings & Events

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F ALL BACK – Daylight Savings Time ends Sunday, November 2nd. Don’t forget to turn your clocks (including your fax machine, if necessary) back one hour.

A NNUAL MEETING – Mark your calendars for October 17th, IAP’s Fall Seminar and Annual Business Meeting. The seminar will offer a

variety of interesting and valuable CLE opportunities and new officers for 2008-2009 will be elected during the business meeting.

L EAVE TIME TO VOTE – Election Day is Tuesday, November 4th. For election and candidate information, see http://election.msn.com/; http://

www.election.tv/; http://www.rnc.org/; http://www.democrats.org/index.html; http://www.johnmccain.com/; http://www.barackobama.com/index.php.

L EST WE FORGET – Remember, November 11th is Veteran’s Day. Other upcoming holidays and observances include Columbus Day - October

13th; National Bosses’ Day - October 16th; Halloween - October 31st; and Thanksgiving - November 27th.

IAP Bulletin BoardIAP Bulletin BoardIAP Bulletin Board

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Membership News

By Lori Peel, Vice President of Membership

No new members have been added to the IAP roster since the August newsletter came out. We currently have 60 members: 49 Active, 4 Active Status Pending, 5 Students, 1 Supporting, and 1 Retired.

Thank you to all members who have sent in their renewal applications so far. For those of you who have not, the deadline was September 30, 2008, so please mail it in as soon as possible. As a reminder, only Active members may vote at the upcoming Annual Meeting on October 17, 2008.

For all Active and Active Status Pending members, this is a reminder that you need to obtain at least six hours of continuing legal education each fiscal year (October 1 to September 30). If you have attended non-IAP-sponsored CLEs, please remember to fill out the CLE form that can be found on the IAP website (www.idahoparalegals.org) prior to submitting the CLE materials to IAP for credit. Also, please remember to let me know if you have a change of address, e-mail address, job or telephone number to ensure that you continue to receive IAP news and seminar information, as well as job bank notifications.

It’s tangible, it’s solid, it’s beautiful. It’s artistic, from

my standpoint, and I just love real estate.

~Donald Trump

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An Overview of Land Use PlanningAn Overview of Land Use Planning By Sharon Gallivan, Paralegal, Spink Butler LLP

When I tell people that I am a “Land Use Paralegal” I can see their eyes glaze over - it isn’t news to me that some consider this area of law to be as dry as dirt. That reaction is due in part to the fact that this area of law is fairly narrow, and not something the average person is likely to recognize until changes are about to occur in his or her neighborhood – then it becomes vitally important! Land use planning is a process of negotiation and creation of a community. The shopping center you frequent, the church you attend, the home you live in, were all the subject of land use decisions at one point or another. Regardless of where you live, work, or play, virtually every individual reading this has been affected by some form of land use planning. Understanding what land use planning is, and how to participate in that negotiation may determine to a great extent one’s happiness and satisfaction within a neighborhood, city or larger community.

In 1975, Idaho enacted the Local Land Use Planning Act (LLUPA), giving broad authority to local governing boards to regulate the development and use of property. Decisions in some land use applications are made by Planning and Zoning Commissions (P&Z). In others, the P&Z will make recommendations to the City Council (for a city) or the Board of County Commissioners (if in the county). (Although there are other jurisdictions, we’ll only look at these for the purposes of this article.) Decisions made by these boards, if timely appealed, may be ultimately subjected to the review of appellate courts.

Long before the application is scheduled for a public hearing, the process begins. From site selection to final city or county approval, and every step in between, there are challenges and opportunities. Every application is unique, and each property brings to the table its own assets and liabilities. Taking the property and crafting the circumstances and attributes for suitability of the desired use is the beginning of the process.

Location! Location! Location! It’s true - location is the foundation of land use. Generally, it is the location of the property that initiates the interest in developing, or re-developing, a property. Everyone wants shopping centers, health care facilities, and businesses. However, when some of these uses are being contemplated

adjacent to or near residential areas, you can bet that new and special bonds are about to be formed between constituents of a homeowners’ association or neighborhood! We see this interaction particularly in rural areas that are being annexed into cities, and experiencing urban development.

Practice Note: A land use paralegal will often research multiple parcels of land at the client’s request, confirming jurisdiction, zoning, and comprehensive plan classification. Meeting with staff, preparing public records requests, and ordering property status reports are common. Research may be done through specialized computer programs, Internet research, or by combing through archives in the city or county files.

After an initial meeting with the city or county staff (called a “pre-application conference”), in almost all local jurisdictions,

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Land Use Planning Land Use Planning -- cont’d. cont’d. a neighborhood meeting is required. It is at this point that owners of property surrounding the subject parcel may learn for the first time that life as they know it is about to change. At the neighborhood meeting, residents have the opportunity to meet the developers (and often their consultants) and hear a presentation regarding the development or view drawings of the project. This is often an opportunity to meet and discuss issues with those who are usually still in the planning stage of crafting the project. Those who attend may submit written comments which will probably be included in the application submission. It is common for further meetings to be arranged to discuss issues and possible resolutions with neighbors. It is the city or county’s desire that by requiring a meeting between the landowners, conflicts may be resolved at these meetings rather than being aired for the first time at a public hearing.

Practice Note: The paralegal will often schedule and attend the pre-application conference with the jurisdiction’s staff. At this meeting, the city or county’s staff will present an overview of the property’s status, discuss the application under consideration with the client, and note any special requirements or circumstances regarding the property. The staff will also list applications required to be filed to accomplish the client’s request, and note any perceived barriers to the project. The paralegal will then typically research all property owners (and tenants in some jurisdictions) within a certain area, commonly 300 – 1,000 foot radius of the subject property. A mailing list will be prepared for required notice that the property is about to be the subject of a land use application, and

that a neighborhood meeting will be held. Official neighborhood associations and homeowners’ associations will also be notified. The paralegal will secure an appropriate meeting place and time for the neighborhood meeting and mail notice. (The jurisdiction’s zoning ordinance will typically set out the compliance requirements for this meeting.) Sign-in sheets, informational packets, comment cards, and exhibits are

routinely prepared and monitored by the paralegal. The paralegal may coordinate the attendance and participation of consultants. A certification that the meeting has been held may be required with the submission of the application. If the meeting includes a formal presentation, the paralegal may take notes and forward questions from participants to the client. The sign-in sheet, as a required part of

the application, may be monitored by the paralegal to confirm that participants and attendees are noted.

After the neighborhood meeting, the finishing touches are put on the application. Often, suggestions made at the neighborhood meeting are incorporated into the submission. The application is then submitted to the city/county and, after a review of the required information, a public hearing is scheduled before the appropriate body.

Practice Note: The paralegal will commonly prepare the application forms, gather documents and reports from the consultants, and begin preparation of the submission. Again, the jurisdiction will typically note (in the zoning ordinance, application forms, or checklists) the requirements for the applications. The paralegal may review the consultant’s work for consistency between the reports and

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Land Use Planning Land Use Planning -- cont’d. cont’d. completeness. If inconsistencies are found, the paralegal will report those to the supervising attorney and may work with the consultants for correction or augmentation of the reports. The paralegal may prepare attachments or exhibits or draft the narrative to accompany the application at the direction of the attorney. After the attorney has reviewed and completed the application, and the client has approved, the application is submitted to the jurisdiction. The degree of paralegal participation in this stage is variable, depending on the attorney and the complexity of the application. Many attorneys prefer to take a very active role in the preparation of the application.

The public hearing is an opportunity for residents to express either their satisfaction with the project as submitted, to make a case for the board to impose conditions on the development to mitigate impacts, or to request that the board deny the application. Children might testify at 10:00 at night that they don’t want their playground (a neighboring property) developed. They may have drawn pictures and submitted them to the city to be forever included in the formal record. Adults may give emotional testimony, from crying to pounding the podium – from singing to quoting full rhyming verse. Those who have well thought-out testimony, and reasoned arguments will have the greatest impact. Residents that participate in this process will impact the decision.

Practice Note: The jurisdiction prepares a staff report for each application, noting the conformance of the application and request with existing ordinance and comprehensive plan. Staff will typically (although not always)

make a recommendation to the commission or council that the application request be approved or denied. The paralegal will often obtain the report, distribute it to the client and consultants, and review the information for accuracy. The paralegal often attends the public hearing, assisting the attorney with exhibits, background files and information. Occasionally (very rarely), the paralegal may give testimony at the public hearing regarding information or reports. During the public hearing, the paralegal may note testimony and assist the attorney in preparing rebuttal, if necessary.

After the public hearing, final decisions are usually issued in the form of Findings of Fact

and Conclusions of Law. These decisions and conditions of approval (if applicable) are reviewed to confirm that impacts of the development on the neighborhood are mitigated, and that the conditions are acceptable to the developer. If either party is unsatisfied, the decision may be appealed.

You do not have to be an attorney to participate in the land use arena. You, as a paralegal, may testify at hearings that impact you personally or assist your neighborhood association with preparation of testimony or research. Once you participate in this dynamic and far-reaching process you will never view your neighborhood the same. It is one area of legal practice in which you can exert real influence to improve or protect the quality of your life. The truth is: You will never influence the process, or outcome, if you don’t participate. For the land use paralegal there is an immense sense of satisfaction in seeing neighborhoods created and residents come together to create an environment that fosters a genuine sense of community.

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Current CLE Opportunities If you would like additional, detailed information on any of these seminars,

please contact Renea Ridgeway at (208) 287-4814 or [email protected]

Lorman Business Center, Inc. | 715-833-3940

Law of Easements: Legal Issues and Practical Considerations, Coeur D’Alene, ID Oct. 2

New Developments with Tenant‐in‐Common Investments, Teleconference Oct. 3

Understand and Interpret Financial Statements, Teleconference Oct. 6

Employment Law from A to Z, Boise, ID Oct. 7

Basic Principles of Construction Insurance, Teleconference Oct. 7

The UCC Article 9 Update, Teleconference Oct. 7 and 21

Covenants not to Compete and Trade Secrets, Teleconference Oct. 9 and 21

Public Contracts and Procurement Regulations, Boise, ID Oct. 10

Keys to Understanding and Writing Purchasing Contracts, Teleconference Oct. 14

The Interstate Land Sales Full Disclosure Act, Teleconference Oct. 14

Structuring and Drafting Conservation Easements, Teleconference Oct. 14

Mental Illness and the ADA: Includes an Update on the ADA Amendments Act, Teleconference

Oct. 14

Common Injuries in Workers’ Compensation, Teleconference Oct. 15

Understanding and Complying with Disclosures Under Rule 26(A), Teleconference Oct. 16

Medical Records Law, Boise, ID Oct. 17

Ethical Issues in Effective Settlement Negotiations, Teleconference Oct. 23

Workers’ Compensation Update, Coeur d’Alene, ID Oct. 30

AIA Contracts, Boise, ID Oct. 30

SSARS Update, Teleconference Nov. 10

Documentation and Proof of Construction Delay, Teleconference Nov. 11

American Law Institute—American Bar Association | 800‐253‐6397

The Impact of Environmental Law on Real Estate and Business Transactions, Live Webcast

Oct. 2‐3

Corporate Mergers and Acquisitions, Live Webcast Oct. 23‐24

Resort Real Estate and Clubs: Formation, Documentation, and Operation, Online Live Nov. 13‐14

Human Resource Complaint Investigation, Boise, ID Oct. 7‐9

Boise State University | 208‐385‐3861

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National Business Institute | 715‐835‐8525

How to Obtain Good Title in Real Estate Transactions, Boise, ID Oct. 13

A Roadmap Through Divorce Proceedings, Boise, ID Oct. 14

Foundational Principles of Easements, Teleconference Oct. 14

Key Issues Impacting Entity Selection, Teleconference Oct. 14

Legal Ethics in the Digital Age, Teleconference Oct. 14

Overcoming International Adoption Obstacles, Teleconference Oct. 15

Advance Section 1031 Exchanges, Boise, ID Oct. 21

Commercial Ground Lease Basics and Financing, Teleconference Oct. 21

Fundamental Principles of Will Drafting, Teleconference Oct. 22

What Civil Court Judge Want You to Know, Boise, ID Oct. 24

Effective Investigation and Discovery in Auto Injury Claims, Teleconference Oct. 24

Document Management in the Trenches: How Paralegals Can Get (and Stay) Organized, Boise, ID

Oct. 30

Managing Construction Contract Changes, Teleconference Nov. 3

Chapter 11, Bankruptcy—Business in Financial Distress, Teleconference Nov. 4

Mortgage, Title, and Lender Litigation, Teleconference Nov. 5

Good Real Estate Closings Gone Bad, Teleconference Nov. 6

Legal Research in the Digital Age, Teleconference Nov. 6

Requesting and Producing Electronically Stored Information, Teleconference Nov. 7

The Importance of Title to the Real Estate Transaction, Teleconference Nov. 7

Managing Complex Construction Law Issues, Boise, ID Nov. 13

Effective Use of Evidence in Civil Trial Practice, Teleconference Nov. 13

The Family Medical Leave Act: A Legal Perspective, Teleconference Nov. 17

Ethical Considerations When Preparing a Witness for Deposition, Teleconference Nov. 18

Creative Asset Searches & Investigative Techniques for the Seasoned Attorney, Teleconference

Nov. 18



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Idaho State Bar / Idaho Law Foundation | 208‐334‐4500

2008 Annual Meeting, Sun Valley ID October 8: Lessons from the Masters October 9: Ethics Rock; Public Financing in Idaho ‐ Taking it to the People, the Judges and the Financiers; Uniform Powers of Attorney Act; New Revised LLC Act; New Uniform Mediation Act; Effectively Communicating with the Court; and Sue Unto Others October 10: 60 Law Practice Management Tips; Employment Law Update; and The In‐Between Children: Grandparents, Relatives and Other Custodial Relationships

Oct. 8‐10

Center for Human Potential | 727‐669‐5707

Parent Alienation Awareness in Child Custody Evaluations, Portland, OR Oct. 13‐14

Estrin LegalED | 888‐803‐8807

3rd Annual Leadership Conference for Law Department Paralegals, Chicago, IL Oct. 15‐16

5th Annual Paralegal SuperConference, Atlanta, GA Oct. 23‐24

Idaho Industrial Commission | 208‐334‐6000

Idaho Worker’s Compensation Certification Program, Boise, ID Nov. 18‐20

PESI LLC | 800‐844‐8260

Resolving Conflicts of Survey Evidence, Boise, ID Oct. 9

Sterling Education Services | 715‐855‐0495

Landlord—Tenant Law: Beyond the Basics, Boise, ID Oct. 2

Landlord‐Tenant Law, Pocatello, ID Nov. 20

West LegalED Center | 651‐687‐1913

How to Reach Effective Agreements, Online Live Oct. 16



Links to Other CLE Opportunities

www.westleagledcenter.com | www2.state.id.us/isb | www.nbi‐sems.com

www.halfmoonseminars.com | www.lorman.com | www.ipe‐sems.com

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Win Movie Tickets!! The first IAP member to email Bernice Myles ([email protected]) with the correct term defined by Black’s as “a legal proceeding to terminate a mortgager’s interest in property, instituted by the lender either to gain title or to force a sale in order to satisfy the unpaid debt secured by the property,” will win two free movie tickets! Congratulations to NANCY PATRICK with Hawkins Companies, LLC, who won movie tickets in August for the correct answer –

Certified Legal Assistant, Certified Paralegal, and Registered Paralegal.

Documents

President’s Message - Idaho Paralegalsidahoparalegals.org/Resources/2008 October IAP Newslettera.pdf · In this issue... News From Around the Nation 4 Real Property Leasing 10 Home