WSPA November - December Newsletter

N O V / D E C 2 0 1 0

Findings & Conclusions 1

Findings & Conclusions

President’s Cornerby Brian Haberly, WSPA President

Happy Holidays! As I write this column, it is hard not to think about the year-end holiday celebrations that are eagerly looked forward to by young and old.

The end of the year is an exciting and important time for WSPA and its members too! Much like families and friends come together to share favorite memories and perhaps to create some new ones, so too do WSPA members have much to celebrate and reflect upon as we complete our 35th wonderful year as an association supporting and promoting YOU and all of Washington's extended family of paralegals!

As we look back to what each of us has achieved this past year, recognizing that each of us still has some room to grow both personally and professionally, it is helpful to remember that our shared goals are only possible with YOUR

continued membership and support! The Washington State Paralegal Association is one of the oldest paralegal associations in the country. We have enjoyed some great recognition locally and nationally due to the contributions of many dedicated paralegals, their employers, legal service providers, sponsors, advertisers, and more!

Each of use needs to live a life of significance, and to have the knowledge that we seen as valued members of both our own families and also our "workplace" families. Serving with great pride as your Association President, I like to think of our many long-time members as being part of my extended family. We share many of the same

dreams, goals, trials, and tribulations. WSPA, as a modest non-for-profit professional association, struggles with budgets and paying the bills just like you do.

Having been employed in the legal industry for more than 20 years, I am now more convinced than ever that the strength we derive from each other and from our coming together periodically at WSPA Chapter Meetings, CLEs, Student Dinner programs and the like, has been instrumental in my personal success as a paralegal! The ability to call upon my fellow paralegals for guidance, support and encouragement is priceless. Remember, it is YOU, not your boss, that owns your career!

It is my hope that you will continue your WSPA Membership in 2011 by taking a few moments now to renew your membership online (www.acteva.com/Go/WSPA). You probably know already that membership in a professional association is demonstrable evidence that you are career minded, and striving to both improve yourself and to be an asset to your employer. Annual Performance reviews are a terrific time to remind your employer that you are a member of WSPA, and to encourage them to pay for your 2011 membership renewal fee (only $100 for regular members, $50 for students).(continued page three)

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

President’s CornerAs we look back to what each of us has achieved this past year, recognizing that each of us still has some room to grow both personally and professionally, it is helpful to remember that our shared goals are only possible with YOUR continued

membership and support! Page 1

Patent NoelPatents protect inventions, but the kinds of inventions that qualify for patent coverage are frequently misperceived by the public. Page 4

Online Merchent ConcernsCertainly, eCommerce business is one of the most dynamic sectors of the future economy. Page 7

Student Essay...So grateful for receiving the scholarship to attend. I am also certain that a membership to the WSPA would be most advantageous to my future professional development

Page 10

Thank You...

WSPA Thanks our Fall CLE Exhibitors

Page 14

Also...

Student DinnerMembership Renewal

A Bi-Monthly Newsletter Volume 25 Issue 5 SEPT/OCT 2010

Washington State Paralegal Association President, Brian

Haberly

[email protected]

http://www.acteva.com/Go/WSPA


mailto:[email protected]


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

PresidentBrian Haberly [email protected]

Vice-PresidentMembership & AdministrationSue Beichley

[email protected]

Vice-President Professional Development

Donna [email protected]

SecretarySarah [email protected]

Treasurer Kimiko [email protected]

Immediate Past PresidentTheda Yandell RP

Management Directory

NFPA Representatives

NFPA Primary RepresentativeSue [email protected]

Secondary RepresentativeJeanenne [email protected]

PACE AmbassadorLaura [email protected]

Directors

East King Co. DirectorJosh [email protected]

Northwest Director Michelle [email protected]

Seattle DirectorMary [email protected]

Snohomish Co. Chapter Director Sarah [email protected]

South King CountyDouglas [email protected]

Director At-Large, WestBrenda [email protected]

Committee Chairs

CLE Approval Committee ChairStephanie [email protected]

Job Bank Committee ChairJennifer [email protected]

Pro Bono CoordinatorGretchen [email protected]

Newsletter Coordinator/EditorJay [email protected]

Legalman Coordinator Jeanenne [email protected]

[email protected]











































President’s CornerContinued from Page One

2011 Elections: In the Spring of 2011, WSPA will hold elections for its 2011-2012 term of office, which begins on June 1st and runs through June 30, 2012. All Officer positions and certain Chapter Directors' seats will be up for election. PLEASE CONSIDER stepping up and serving your fellow paralegals!

Fall CLE wrap-up: On October 28th, WSPA held its Fall CLE program. This popular even featured eight break-out sessions and an audience of about 75 people, plus 9 wonderful exhibitor, all at the Washington State Convention Center.

Annual Student Dinner: Make plans now to attend the Annual Paralegal Career Night and Student Dinner on Friday, January 28th, 2011, we will once again host our popular Annual Career Night and Paralegal Student Dinner. Paralegals and Paralegal Students interested in learning current some career information and some trusted advice. Paralegals will learn some Very Valuable information about currently "hot" specially areas, interview tricks and techniques and more! Register today at www.acteva.com/Go/WSPA.

Paralegals and Paralegal Students are both encouraged to attend. Look for more information in this issue about the Career Night

In April, we plan to hold our Spring CLE and annual members meeting. Watch for more information on this event in early 2011.

Do you have feedback on WSPA’s programs and activities? We would love to hear your comments, whether it is praise or perhaps some areas in which we can still improve. Please send me your feedback at [email protected].

NW Chapter Reportby Michele Snow-Waltz

On October 20, 2010, the Northwest Chapter held a chapter meeting and social at Skagit River Brewery in Mount Vernon, Washington. The meeting was well attended by thirteen paralegals, students, and other legal professionals. Darlene Klister was our featured speaker. Darlene is the 2010 WSPA Lifetime Achievement Award Winner. She spoke on the importance of membership in WSPA in her 20 plus years as a paralegal. In fact, Darlene obtained

her current employment with Shainin, Inc., an international company , through the

WSPA job bank.

On October 29, several of our

members traveled to Seattle for the W S P A Fall CLE. The CLEs were all well done, and the speakers w e r e informative and knowledgeable. Thank you to the vendors for some great door prizes!

The NW Chapter Fall Supply Drive was held during the week of October 25 through 29 in honor of paralegal week. Our members donated and collected an impressive amount of supplies and cash contributions for the Humane Societies of Whatcom and Skagit counties (pics on page 13). We appreciate the efforts of all those in WSPA who contributed to the drive. Thank you especially to Jeniffier Provalenko for her hard work in Skagit County, and to Sharon DeGrave, her daughter

Olivia, and Michelle Snow-Waltz for helping out in Whatcom County. The staff at each of the shelters was very happy to receive the supplies.

Thanks to an anonymous donor, the Northwest Chapter is conducting an essay contest at Skagit Valley College Paralegal Program and Whatcom Community College Paralegal Program. The prize for the top essay from each school will be a one-year membership to WSPA. WSPA President Brian Haberly, VP of membership Sue biechley, and NW Chapter Director Michelle Snow-Waltz will judge the essays. The deadline for the contest was December 15, 2010. See Page 11 to read the winning essays.

Our November brown bag and CLE was held on November 17, 2010. Our speaker was Eden Alexander. Eden is a Licensed Independent Social Worker and Certified Geriatric Care Manager. Eden explained how she assists clients, who are older people and their families, attain the highest quality

of life, given their circumstances, including conducting care assessments, arranging in-home

help or other services, and coordinating with health care providers. Eden’s extensive contacts in

the community enable her to provide her clients with support, guidance, and advocacy during a crisis.

Our next Brown Bag CLE will take place on January 19, 2011, at the Skagit Food Co-op in Mount Vernon, Washington.

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.

Michele Snow-Waltz, NW Chapter Director













Patents Noelby Patrick Inouye

Patents exist exclusively under constitutionally-mandated federal law...

Patents protect inventions, but the kinds of inventions that qualify for patent coverage are frequently misperceived by the public. The holiday season, with its emphasis on retail sales and gift-giving, provides a handy opportunity to explore some unusual innovations that have been deemed worthy of patent protection. These inventions will help dispel the myths of what is patentable and hopefully increase your understanding of the kinds of inventions eligible for patent protection.

Patents exist exclusively under constitutionally-mandated federal law, codified in Title 35, U.S. Code. Obtaining patent protection first requires application to the U.S. Patent & Trademark Office (“USPTO”), an administrative agency under the Department of Commerce, who determines patent

eligibility through an ex parte process, called “prosecution,” that culminates in patent issuance.

Design Patents

Three forms of patent protection are available in the United States: design patents, plant patents, and utility patents. Design patents cover the ornamental appearance of an article of manufacture. The design must not be primarily functional. Eligible subject matter can include surface o r n a m e n t a t i o n , configurations, and shapes, many of which are already familiar. For instance, Apple’s iPhone user interface layout is covered in U.S. Patent No. D604,305, while the styling of Nike’s Air Jordan XI shoe is covered in U.S. Patent No. D371,898. You can channel your inner Elvis with the pair of fake sunglasses sideburns in U.S. Patent No. D376,811.

Plant Patents

Plants can also be patented. However, only distinct new plant varieties that have been asexually reproduced through grafting, budding, layering, cuttings, or similar means, and not with seeds, qualify. Each plant must be genetically identical to its parent. The next time you bite into a juicy Fuji apple, think of U.S. Plant Patent No. 7001. That Stargazer White poinsettia? Covered in U.S. Plant Patent No. 20,211.

Utility Patents

Utility patents are the most widely known form of patent. 35 U.S.C. § 101 specifies only four permissible categories of statutory subject matter, p r o c e s s , m a c h i n e , m a n u f a c t u r e , a n d composition of matter within which is included “anything under the sun that is made by

man.” Diamond v. Chakrabarty, 447 U.S. 303, 309 (1980). Notwithstanding, there are limits. For instance, laws of nature, physical phenomena, and abstract ideas are not patentable.

Manufacture

The “manufacture” category protects products fabricated by man. Manufactures can include fanciful items, from a clandestine “Santa Claus detector” that masquerades as a harmless stocking hung by the chimney with care, as covered in U.S. Patent No. 5,523,741, to kitschy seasonal decorations, such as an illuminated holiday wreath to festoon the grill of a car, patented in U.S. Patent No. 6,830,357, to quasi practical gift ideas, for instance, the pair of pants that are easily separable at the crotch “to flexibly create a custom mixed or matched style” in U.S.

Patent No. 6,161,223. Even living organisms can be patented, so long as they possess characteristics different from those normally found in nature, such as the Harvard mouse, covered by U.S. Patent No. 4,736,866, which was genetically modified to carry an activated oncogene to increase cancer susceptibility for use in medical research.

Machine

The “machine” category protects objects that undertake some kind of action. Machines, unlike manufactures, ordinarily perform an underlying process, which could also be separately patentable. The distinction between a manufacture and a machine is not always clear, nor is the determination of which

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



Machines typify the form of invention most widely recognized and even lampooned.

(continued from previous page)

category applies essentially important, so long as the invention falls into at least one of the four statutory subject matter categories. For instance, the combined pet leash and umbrella, described in U.S. Patent No. 6,871,616, could equally qualify as either a manufacture or an apparatus. This device includes an umbrella canopy that opens at the bottom of a cane-like handle. A leash is fixed to the pet’s collar and the pampered pet gets to walk under the umbrella with continual protection from the rain and elements. Similarly,

the portable automobile partition, described in U.S. Patent No. 6,260,903, offers parents of young children a way to physically separate ill-behaved children by situating a vertical partition between a pair of car seats. The partition is transparent, so as to not obstruct the driver’s view, yet each child is prevented from physically interfacing, thereby preserving the driver’s sanity.

Machines typify the form of invention most widely recognized and even lampooned. Rube Goldberg was a cartoonist famous for drawing overly complicated devices that performed simple everyday tasks. His cartoons

depicted contraptions using wheels, gears, balls, strings, scissors, candles, live animals, and other odd items, which, when set in motion, did just one thing. In reality, his artwork was not too far from the truth. Take, for instance, U.S. Patent No. 256,265, which describes a device for waking persons from sleep. A rectangular frame with small wood blocks hanging off of strings was suspended over the head of an unsuspecting sleeper. The frame was suspended from the ceiling using a cord run through a series of pulleys into the alarm mechanism of an ordinary alarm clock. When the alarm went off, the end of

the cord was released and the frame was dropped onto the sleeper’s face, thereby causing him to awaken. Guaranteed. Or look at the first dishwasher, patented in 1886 in U.S. Patent No. 355,139. Dirty dishes are securely strapped into a crate. A hand lever, through a combination of cogs, wheels, and belts, is moved back and forth to simultaneously pump hot water through a pair of pistons while rotating the crate under the spray of water, thereby cleaning the dishes.

Process

Whereas a manufacture and a machine both represent ends in themselves, the “process” category protects the manner in which some kind of action is undertaken as a statutory means to an end. Computer software, for instance, is frequently protected as a patented industrial process, yet esoteric method patents abound. For instance, two guys in Virginia patented a method for exercising a cat, as described in U.S. Patent No. 5,443,036. A handheld laser is pointed onto the floor or wall in the vicinity of the cat and moved in an irregular way “fascinating to cats,”

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You will never again lose your umbrella by following the “unforgettable umbrella method,” patented in U.S. Patent No. 4,887,543.


thereby triggering the feline “chase instinct” as a form of exercise. Better yet, be wary of the turkey deboning method described in U.S. Patent No. 6,572,467, which starts at the leg bones, then the wings, and moves progressively through the turkey’s ribcage until the meat falls free of the bird. You will never again lose your umbrella by following the “unforgettable umbrella method,” patented in U.S. Patent No. 4,887,543. Here, whenever you leave your umbrella somewhere, you transfer a plastic tag from the umbrella to your key ring. Later on, you will be reminded that you forgot your umbrella upon seeing

the plastic tag hanging on your key ring.

Composition of Matter

As the year draws to a close, consider the last category of statutory subject matter, “composition of matter,” which protects novel combinations of two or more substances, whether the result of a chemical union or mechanical mixture in gas, fluid, powder, or solid form, such as in a New Year eve’s fireworks display, courtesy of U.S. Patent No. 6,982,014.

In closing, patentable subject matter covers a wide expanse of innovations ranging from practical to the strange. Even improvements to the ordinary could potentially be

patentable. Think about that next time you sit on a playground swing.

Footnotes

Mark U.S. Const., Art. I, § 8, cl. 8, gives Congress the power to “promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”

Mark 35 U.S.C. § 171 et seq.

Mark U.S. patents can be downloaded at http://www.uspto.gov.



Bilski v. Kappos, 561 U.S. ___ (2010) (citing Chakrabarty).

Mark Musical compositions, literary works, compilations of data, signals, and legal documents are specifically excepted as products under Section 101. In re Nuitjen, 500 F.3d 1346 (Fed. Cir. 2007).

Mark “Apparatus” is sometimes used instead of “machine” when referring to a manually operable device.

Mark State Street Bank & Trust Co. v. Signature Financial Group Inc., 149 F.3d 1368, 1375 (Fed. Cir. 1998).

Mark See, e.g., http://www.rubegoldberg.com/.

Mark The Mouse Trap board game is an example of a Rube Goldberg-esque contraption.

Computer software can also be protected under the machine and manufacture categories.

Mark Like machines, compositions of matter can also be manufactures for purposes of Section 101. The distinction is not important.

Mark U.S. Patent No. 6,368,227, entitled “Method of Swinging on a Swing.”

Patrick Inouye is a registered patent attorney and principal of Cascadia Intellectual Property® law firm, a boutique law practice located in downtown Seattle, specializing in legal services and client counseling in intellectual property law matters, including patents, trademarks, and copyrights.

http://www.uspto.gov




http://www.rubegoldberg.com






Growing Concerns for Online Merchants and Consumersby: Naoko Inoue Shatz

The holiday season is a time for celebrating with friends and family. It is also the time of the year when retail sales are at their peak. Up until the past decade, the primary way to avoid the holiday crowds was to shop early or shop via catalogue. The advent of online shopping has enhanced significantly the options for most consumers. Anyone with access to the internet and a credit card has countless retail possibilities. eBay Inc. reported revenue for the fiscal third quarter ending September 30, 2010 of $2.2 billion, or up 10%, excluding Skype, compared to the same period of 2009. Amazon.com reported net income of $231

million, or 51 cents a share, on revenue of $7.56 billion for the fiscal third quarter ending September 30, 2010, up from $5.45 billion a year ago. According to the United State Census Bureau of the Department of Commerce, the percentage of total retail sales through eCommerce in the U.S. has grown from 0.6% in the 4th quarter of 1999 to 4.1% in the second quarter of this year, totaling $32.9 billion. The total sales from June through August 2010 were up 4.7% from the same period a year ago. These U.S. Census Bureau figures are based on retail eCommerce sales, which do not include ticket sales,

real estate transactions and travel services.

Certainly, eCommerce business is one of the most dynamic sectors of the future economy. The industry has changed behaviors of both retailers and consumers all over the world. At the same time, the industry and related laws are still evolving, and not many consumers or retailers are familiar with regulations relating to online business transactions. With the bar to entry so low, many would be entrepreneurs can set up viable online businesses and conduct business worldwide with minimal capital outlay and seemingly limited oversight.

Other established businesses enter this market with limited knowledge of the various rules and regulations that g o v e r n e C o m m e r c e . Consequently, both groups might inadvertently expose themselves to potential legal problems.

Below are some recent issues arising from online businesses that have triggered legal battles between online retailers and consumers.

Shipment Representation:

All retailers need to manage inventory. However, online retailers also need to consider

the way in which they communicate with their customers if they don’t have enough of a particular item in stock to meet an expected ship date.

Section 5 of the Federal Trade Commission (“FTC”) Act prohibits unfair or deceptive acts or practices in or affecting commerce.1 The FTC requires retailers who offer to sell merchandise through mail or telephone to comply with FTC’s Mail or Telephone Order Merchandise Trade Regulation Rule.2 Under this rule, 1) retailers must have a reasonable basis for a) any express or implied shipment




While consumers enjoy the convenience of receiving merchandise through the internet, they are increasingly concerned about online data retention policies.


representation, or b) believing they can ship within 30 days of receipt of an order. If no time is promised, they need to ship the order within 30 days after receiving the order, 2) if the retailers are unable to ship within the promised time, they must provide consumers with a delay notice, through which the retailers must give consumers the choice of agreeing to the delay or cancelling the order and receiving a prompt refund, and 3) if a company does not promise a shipping time, and consumers are applying for credit to pay for their purchase, the company has 50 days to ship after receiving their orders.

While this FTC rule is very specific and leaves little room

for interpretation, many foreign online companies who target U.S. consumers fail to specify the shipment date and are most likely not aware of this rule.

Privacy Policy:

While consumers enjoy the convenience of receiving merchandise through the internet, they are increasingly concerned about online data retention policies.

In Japan, where many clients of mine are located, the scope of disclosure of personal information is much narrower than that of the U.S. Under the Personal Information Protection Act (“PIPA”) of Japan that took effect in 2005, “personal information” is defined as “information about a living individual which can

identify the specific individual by name, date of birth, or other description conta ined in such information.” The Act requires that any entity shall not transfer personal data or information to a third party without the prior consent of the person except in special circumstances. A “third party” includes an affiliated company. That means that U.S. retailers located in Japan that target consumers in Japan cannot share personal information they obtained from individuals in Japan with their affiliated companies located in other countries without prior consent of those individuals. Any persons or entities that violate the PIPA can face criminal penalties of up to six

months in prison and civil penalties of up to 300,000 yen ($3,000).

In the U.S., the Children’s Online Privacy Protection Act (“COPPA”) 3 contains one of the significant rules relating to online privacy. The COPPA regulates online operators whose websites are directed to children under 13 and who collect personal information from children under 13. The COPPA requires website operators to 1) provide parents with notice of their information practices, 2) obtain verifiable parental consent before collecting a child’s personal information, 3) give parents the opportunity to prevent further use of collection of information and 4) not require

a child to disclose more information than is reasonably necessary to participate in an activity.4 Some exceptions are provided, but the statement in a website should clearly state that the use of the site is conditioned upon the acceptance of the privacy policy. The COPPA also applies to foreign websites that are directed at U.S. children.

While online operators in Japan or businesses owned by Japanese do not often include or take into consideration the regulations in the U.S., U.S. online operators who target consumers in Japan are often not aware of the local regulations such as the PIPA.

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Lindsay Monts

My name is Lindsay Monts and I am currently enrolled in the Paralegal Studies Certificate Program at University of Washington, Tacoma. I earned my Bachelors in Education from Western Washington University in 2006. I was a special education teacher for several years; I have now returned to school to pursue a new career field. I received a scholarship to attend the WSPA Fall CLE on 10/29/2010. I found the conference to be a most enjoyable and beneficial experience.

The conference was held at the Washington State Convention and Trade Center, centrally located in downtown Seattle with sufficient parking. The complimentary breakfast food items and refreshments provided were a great start to the morning. The conferences themselves were varied and interesting. Each presentation I attended was upbeat, interactive, and presented by experts in the field.

There was ample time set aside for lunch and the Convention Center had a variety of restaurants in it. Throughout the day there were opportunities to visit various vendors that had tables set up in a conference area. We were able to talk with the vendors and ask questions. I was happy to see a legal staffing agency present. I was able to ask the representatives from the agency questions about future employment and received some very valuable tips I will use as I begin looking for employment as a paralegal. The vendors all participated in a drawing in which 8 prizes were awarded to attendants. I actually won one of the 8 prizes and will have the opportunity to go out to lunch with a representative from a local document retrieval company to learn more about their services.

I was very pleased with the conference and so grateful for receiving the scholarship to attend. I am also certain that a membership to the WSPA would be most advantageous to my future professional

development and I plan to become a student member.

Sincerely, Lindsay Monts

Matt Newman

I am a recent college and currently a paralegal student graduate. I am new to the field, so when I attended the 2010 Fall CLE I decided to take the general track. The day started with a two-part session called “What Matters Most.” This seminar was great for me because I felt it was highly applicable both to those with years of working experience and people like me who have very little. We discussed topics such as setting career goals and maintaining a high level of professional integrity. Having this conversation with other paralegals gave me a new and important perspective that helped to develop new my own professional goals as an aspiring legal professional.


Student Essay: WSPA Fall CLE

“Tell me and I'll forget; show me and I may remember; involve me and I'll understand.” -- Chinese Proverb



(Student Essay, continued from previous page)

The other seminars focused on more the more specific topics of document retrieval and legal resources for domestic violence. Being new to law, these discussions were excellent because they enhanced my understanding of these processes and introduced me to rules and procedures I knew nothing about. The programs also helped me to understand some of the important characteristics that distinguish different areas of law and left me better able to find the field that suits my capabilities.

It was great to be able to talk to the other paralegals attending the program. They offered insight about the different types of law their firms practiced and had great advice about looking for jobs. The vendors were just as interesting. One represented a company that provided independent medical exams and explained the process of how and why a firm might go about requesting them. A vendor from LexisNexis was able to demonstrate some of the interesting differences between Lexis and WestLaw. Each of the vendors were willing and able to talk about the function of their business and how, depending on what type of firm I find myself in, that information might be useful to me.

Matt Newman

Student Essay: NW Chapter Winners

Why I Want To Be a Paralegal

As a paralegal student at Whatcom Community College, I have been able to learn more about paralegal careers and it has further deepened my desire to become a member of this exciting and challenging profession. In the program, I have had the opportunity to understand what paralegals are required to know before seeking employment, and learning more about the different aspects of law.

Through my classes at WCC, I have learned that paralegals need to possess a variety of skills ranging from general to specific including education, experience and the ability to work appropriately with the pubic. Paralegal skills are similar to the abilities that I have acquired through work and experience, such as remaining flexible and being willing to adjust to the needs of the office. Besides having some legal knowledge, paralegals should have a variety of other skills includes having a wide range of skills in the office setting such as reception duties, answering phones, greeting clients, being literate on computers and managing the office. Additional required skills for the office include filing, operation of the office machines, inventory of office supplies and ordering for the office as needed. A law office benefits from having a paralegal that is able to be organized and able to keep others organized as

well; two of the most important qualities that I possess are being able to keep track of deadlines and timeframes either on a spreadsheet or on a hard copy, whichever is the custom of the office.

As a paralegal, I know how important it will be to have is the ability to write well in a variety of writing styles, including being able to write memos, business letters, correspondence, and to be able to research information requested by the attorneys. Knowledge of legal terminology is important and when working with clients, knowing when to use that terminology or when it would be more appropriate to use a more straightforward language. In the law office, confidentiality is critical keeping files and emails safe for the client is the responsibility of the paralegal. The challenges of learning more about law and the responsibilities that come with that knowledge are just a few of the aspects that I am excited about and looking forward to.

Having a membership in the Washington State Paralegal Association would enable me to make contacts, network with other law professionals and provide me with more knowledge of the legal field. I have been accessing WSPA’s website since I began the Paralegal Studies Program and have found an amazing amount of information regarding law topics and upcoming conferences. One of the goals that I have set for myself is to continue to learn more about the law, through WSPA course offerings, workshops, newsletters and brown bag lunches where I can connect with other paralegals in the area. WSPA also offers opportunities to continue to increase my educational knowledge about legal issues in different areas of law; this additional education would enable me to gain more confidence as a paralegal. This association provides a necessary connection with the law community that will allow me to become the most qualified paralegal that I can be.

Why I Want to Be a Paralegal

Not long ago there was very little recognition for the title of paralegal. Today however, the title is recognized as an important career in the field of law. Today there are more and more people in our society who need affordable legal advice and through the use of paralegals and other legal assistants, lawyers are able to handle heavier loads and accomplish more at a lower cost to their clients.

Our instructor at Whatcom Community College required us to write two research papers. The topics were practicing law without a license, and how lawyers can pay paralegals. The first emphasized the importance of working under an attorney's guidance, as paralegals cannot give legal advice or fill out legal forms. The second assignment gave us information on the many situations where a paralegal can work at a lesser fee, save the client money, and free up the attorney to do more advanced duties. The law now recognizes paralegals and approves of their services and there are several

cases that have been cited for the recognition of their payment.

I want to be a paralegal as I feel it is a supportive job. I enjoy research, writing, and am an avid reader. Many of the duties I performed in my previous career translate to the paralegal profession. I worked with very confidential information, collected data, and had to pay close attention to details. I like learning new things and a paralegal's duties are varied in each area of law.

I have worked with the public in many situations; with sick patients, with children in youth groups, Girl Scouts, and several community charities. Paralegals are often required to interview people, answer phones, or interact with clients.

I believe being a member of WSPA will further my career because it is an ongoing way to get continuing education. Never trust someone who thinks they know everything as it is an impossibility. Life is an ongoing learning process and in the field of law things are always changing. It is a must to always read and attend continuing education events. Because the meetings have varied topics, I am hoping membership will help me choose a specialty in which to concentrate. I have an interest in medical issues, personal injury law, and also contracts and real estate.

Being a member of WSPA is also a great opportunity to network with other professionals in the area. I will be graduating next summer from WCC and will be looking for an entry level paralegal position. While at the last meeting, there was a member going to a job interview. I have interviewed several paralegals and also several employers that use paralegals and all have indicated that in this field it seems that most employment opportunities are from word of mouth and networking. I would very much enjoy the opportunity to join in the circle of educated paralegal professionals at the WSPA meetings as a student member and work towards being a productive member in the future.

Gail I. Livingston

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.


HELP WSPA SUPPORT MILITARY PARALEGALS AROUND THE WORLD

The Washington State Paralegal Association is a founding member of the NFPA Military Paralegal Outreach program. This program seeks to unite paralegals serving overseas in the US Armed Forces with local paralegal associations by sending periodic “Care Packages” of non-perishable food, snack, hygiene and other miscellaneous items (books, games, stationery, etc.) to bring them a little bit of home while away from their loved ones.

WSPA was one of the original 8 paralegal associations across the country that participated in the very first group mailing to active duty Military Paralegals serving overseas back in February 2006. In the first year of this program, NFPA member associations supported 29 Navy Legalmen and Military Paralegals. WSPA is proud to have supported six military paralegals since this program was first begun. Jeanenne Rutherford is now accepting donations (cash and food items) in the Seattle area. You can reach her at [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.

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







(continued from page 8)

Advertisement:

The rules relating to online advertising are similar to advertisement in any business field. To maintain the credibility of marketers and bloggers as an advertising medium via the internet, the FTC has recently revised its Guides concerning the use of endorsements and testimonials in advertising.5

According to the new guidelines 6, endorsements and testimonials must reflect the honest opinions, findings, beliefs, or experience of the endorsers, and the endorsements may not contain any representations that would be deceptive. Some public relations (“PR”) firms that were hired by online retailers have posted favorable online reviews for their clients and did not disclose that they were being paid to do so, as if they were regular consumers. When there is a connection between the endorsers and the online retailers, the connection must be fully disclosed including that the endorsers received cash or in-kind payment to review products or services. The new guidelines apply to both online sellers and advertising agencies representing the sellers. The revised guidelines also impact blogs, social networking websites, and companies that feature user or consumer generated content in marketing campaigns to build product and brand awareness.

The FTC has recently investigated a number of online retailers who have given gifts to bloggers. In a recent case, a PR agency hired by video game developers settled FTC charges that it had engaged in the practice of deceptive advertising. In this case, the agency posted public reviews about the client’s gaming application. These reviews were posted using account names that would give readers of these reviews the impression they had been submitted by disinterested consumers.7 Some companies that were targeted for investigation have not been charged with violation of the FTC rules because those companies had a policy of telling bloggers that they must disclose any gifts or a percentage of the sales they received.

Any violation of the FTC rules is subject to civil penalties of up to $16,000 per violation.

***********************************************

While the internet’s global reach has made possible a cost effective means for selling products worldwide, the rapid growth of this industry has created a new set of legal complications for both online retailers and attorneys focused on this area. These complications are compounded when an online retailer conducts business in foreign markets. It is easy to overlook the many rules and regulations that govern this type of business in other countries. Many companies may inadvertently find themselves out of compliance with local rules and regulations. It is therefore important for these companies and the

attorneys that represent them to carefully research the laws and regulations, including tax and customs requirements, of the countries in which they plan to do business. Once a clear understanding of all laws and regulations has been established, it is also important to incorporate this information into the “Terms of Use,” “Privacy Policy” and “Intellectual Property Policy” sections of a website. Online business can be lucrative, but it is not without risk. Careful planning and research upfront can mitigate risk. It can also create a more positive business experience for both retailers and consumer.

1. 15 U.S.C. Section 45(a).

2. 16 C.F.R. Part 435.

3. 15 U.S.C. Section 6501-6508.

4. 16 C.F.R. Part 312.

5. FTC File No. P034520.

6. 16 C.F.R. Part 255.

7. FTC File No. 0923199.

Naoko Inoue Shatz has practiced mainly contract law and corporate law. Her client base consists primarily of companies that have business in Japan and Japanese companies located in the U.S. She is licensed in New York State as well as Washington State.

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.

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.

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.

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.

NW Chapter Humane Society Day!Pictured Top Photo Left to right: Laura Clark, Executive Director Whatcom County Humane Society, Olivia DeGrave, Sharon Degrave, Michelle Snow-Waltz, Jenniffier Provalenko


14 Nullam arcu leo, facilisis ut

Washington State Paralegal Association Thanks the following

Fall CLE ExhibitorsMedrecsSince 1979, MEDRECS has provided the legal, insurance and medical communities with record retrieval solutions and on-s i te scann ing services. MEDRECS utilizes vast experience, state of the a r t t e c h n o l o g y, a n d unwavering dedication to customer service to provide its clients with the quickest and most dependable record retrieval service in the industry.

Lexis-NexisLexisNexis® is a leading global provider of content-enabled workflow solutions designed specifically for professionals in the legal, risk management, corporate, g o v e r n m e n t , l a w enforcement, accounting, and academic markets.

ParasecParasec is a national company that provides assistance in filing and retrieving documents and information from State and county agencies. We are able to do this in all 50 states by maintaining a state-by-state network of top-notch service companies acting in their home State, on our behalf.

UnisearchUnisearch, Inc. is a public records research fi rm specializing in searching, filing and retrieving public documents nationwide. We offer an extensive range of Uniform Commercial Code/Lien and Corporate services to the legal, financial and business community in all 50 states and internationally.

Physician DirectPhysician Direct Services was founded by Zina Rubino and Kim Campbell. Both are professionals with more than 30 years experience in the medical field, serving in the I n d e p e n d e n t M e d i c a l Evaluation (IME) and private practice arenas.

On behalf of our members, management team and directors, Washington State Paralegal Association extends our most sincere appreciation to our Fall CLE Exhibitors.

Washington State Paralegal Association Annual Student Career Night & Dinner!

Friday January 28, 20115:00 to 9:00 PM – Red Lion Hotel1415 Fifth Ave., Seattle WA 98101

ScheduleResume Workshop 5:00-5:45Dinner 6:00-6:30Presentations 6:30-9:00

Dinner SelectionsRosemary Roasted Pork LoinParmesean Chicken or Chef's Special Vegetarian Entrée

Presentations for yourProfessional Development

The WSPA Annual Student Career Night & Dinner is an event designed to help jump start your career! Join us January 28th for a great evening of enrichment and information that will help you prepare for entrance into the paralegal profession. Learn about opportunities and job attributes from currently practicing paralegals working in a variety of legal specialty areas including government, litigation, corporate, and more!

In addition, you will learn hiring practices and paralegal responsibilities from a law firm HR Administrator. We will also have a representative from a legal placement agency to discuss interview skills and the current job market. Enjoy a delicious meal with your fellow paralegal students and learn keen insights from some of the best in the profession!

Resume Review Workshop

BACK BY POPULAR DEMAND! Bring your resume with you for a brief review by our experts! Discover practical tips and helpful information for creating compelling resumes during the resume review workshop. Our presenters will give students individualized feedback on their resumes in a 45 minute workshop that precedes the dinner. Don’t forget to bring a copy of your resume to take advantage of this unique opportunity! (Resume review workshop is limited to the time specified and includes only one review )

Cost$45 for WSPA Members$50 for Non-Members

$89 Special Offer! Combined New WSPA 2011 Student Membership and Dinner Package at a special low rate (a $100 value!)

Register Securely Online today at:www.Acteva.com/go/wspa

http://www.Acteva.com/go/wspa



Washington State Paralegal Association

Membership Application PO Box 58530, Seattle WA 98138 Membership Year 1/1/2011 to 12/31/2011

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:

Mailing Address:

Daytime Phone: __________________________

Evening Phone: __________________________

Fax Number: ____________________________

Primary Email Address: Alternate Email Address for emergencies:

Employer Name & Address (if applicable):

Does your Employer pay for your Dues? Yes ____ No _____

Can we send a thank you note to your manager? If yes, supply Manager or Paralegal Supervisor name and email address:

WSPA Membership Categories

Type (Check one and submit the appropriate membership fee with your application. Make checks payable to WSPA. WSPA is a Washington

nonprofit corporation, Tax ID # 51-0140447):

! Voting Member - $100.00 - Any paralegal (see definition on reverse) living or working in Washington State holding an associate

or bachelors degree and at least 24 semester hours in paralegal studies, OR with minimum of three years experience as a paralegal as

defined by NFPA (see reverse). 10 CLE credit hours per year are required to maintain voting status when renewing voting membership.

! Non-Profit or Government Employee Member - $75.00 – Any individual eligible for voting membership who works for a

federally recognized non-profit [501(c)(3)] organization or a government agency (including armed forces).

! Student Member - $50.00 - Full-time student currently enrolled in a paralegal program & not eligible for voting nor associate

membership status.

! Associate Member - $100.00 – Any individual unable to meet the requirements of the above 3 membership categories.

! Sustaining Member - $200.00 - Any person, partnership, organization, or other entity interested in supporting the purposes of

the Association. PLEASE USE THE SEPARATE SUSTAINING MEMBERSHIP FORM RATHER THAN THIS FORM.

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

Special Qualifications: ! PACE® Registered Paralegal ! LPO ! CLA (Certified Legal Assistant)

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.**

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: ____________________________

*Must include 24 semester credit hours (or equivalent) of paralegal specialty courses. See Bylaw 2.1.1 for credit hour requirements.

**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.

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:

Please mail your completed application and check made payable to "WSPA" to:

WSPA Membership Dept. P.O. Box 58530 Seattle WA 98138

Washington State Paralegal Association 2011 Membership Renewal Form PO Box 58530, Seattle WA 98138-1530 For the Membership Period of 1/1/2011 to 12/31/2011

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):

Mailing Address:

!!!! 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:

" Voting Member - $100.00 Employer Paid? "Yes "No

" Non-Profit or Government Employee Member - $75.00

I hereby certify that I qualify for voting membership by reason of education and/or experience, as described below. If I have previously been a voting member for a year or more, I further certify that I have met the CLE requirement for continued voting membership, and I have attached the necessary CLE Declaration.

Signed:_______________________________________________________________________________

" Associate Member - $100.00

" Student Member - $50.00

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 – Voting Membership - $100: Any paralegal (see definition above) living or working in Washington with an associate or bachelors degree and 24

semester hours in paralegal studies OR having a minimum of three year’s experience as a paralegal as defined by NFPA. 10 CLE credit hours are required to maintain voting status when renewing membership after one full year as a voting member.

Non-Profit or Government Employee Member - $75.00 – Any individual working for a federally recognized non-profit [501(c)(3)] organization or a

government agency (including armed forces). Eligible to vote and hold office and is subject to the same requirements as other voting members (see above).

Student Membership - $50: Any student currently enrolled in a paralegal program & not eligible for voting nor associate membership status. Student

membership is limited to 4 years. Associate Membership - $100: Individuals not eligible for voting, nonprofit, governmental, or student membership. CLE Credits: 10 credits are required each year to renew as a voting member or a nonprofit or governmental member after one full year of voting

membership. Up to 15 unused credits may be carried over to satisfy the next year’s requirement. See bylaws and CLE guidelines printed on the web site of the Association (http://www.wspaonline.org).