ParalegalGateway's Weblog

Hughes Watters Askanase Paralegal Forms Houston Association of Bankruptcy Paralegals

Turea Simpson, a senior paralegal with Houston-based law firm Hughes Watters Askanase L.L.P. (www.hwa.com), has formed the Houston Association of Bankruptcy Paralegals (HABP). The HABP is the first association of its kind in Texas and just the second of its kind in the nation.

Simpson explained that she established the HABP because she saw a strong need and desire among Houston bankruptcy paralegals for continuing education and for face-to-face communication.

“Hughes Watters Askanase often sent me to bankruptcy seminars geared toward attorneys, but not paralegals. It came to me during one of these seminars that bankruptcy paralegals do not have our own events or workshops that help us continue our education which in turn enables us to be more successful at our jobs. Because bankruptcy paralegals work with paralegals at other firms on a daily basis, the opportunity to meet colleagues face-to-face is especially important.”

Simpson said that response to the new organization has been excellent. The group hosted its first social event in May, and many attendees commented to Simpson that they were delighted to meet colleagues with whom they had worked with for years, but had never met in person.

The HABP governing board includes paralegals and an attorney from several leading Houston law firms. Board members include: President and Chairman Turea Simpson, HWA; Vice President Kinni Saldaña, The Law Office of Pamela L. Stewart; Secretary Tina Pavlock, HWA; Treasurer Sandra Olivarez, HWA; Assistant Treasurer Karen Dockens, HWA; Parliamentarian Casey Mucha, Fulbright & Jaworski L.L.P.; Mentorship Committee Chair Yola Galvin, Jackson Walker, L.L.P.; Membership Committee Chair Mary Shiloh, Butler & Hailey, P.C.; Newsletter Editor Dru Graves, Adair & Myers, P.L.L.C.; and Board Advisor Marjorie Britt of Britt and Catrett, P.C.

The HABP has attracted over 40 members since Simpson introduced the organization in April. The HABP offers several levels of membership, including voting and non-voting levels, with annual dues of $50. All membership dues have been waived for 2009 applications. Additionally, the HABP has received significant sponsorship. Businesses that currently support the group include: Waldron & Schneider, L.L.P., Robert Half Legal, Hughes Watters Askanase L.L.P., Britt & Catrett, P.C., and Mach 5 Couriers Inc. Apart from banner and representative recognition at HABP events, sponsors will enjoy Website recognition and advertising space when the HABP publishes its official Website.

According to Simpson, the HABP plans to maintain an active schedule of events and programs. Plans include monthly Continuing Legal Education (CLE) events with guest speakers, an annual conference, pro bono opportunities, a peer-to-peer training and mentorship program, and an online job bank. HWA partner Dominique Varner spoke at the group’s first CLE event on June 12, during which she discussed “Proofs of Claim: How to Protect Creditors’ Rights.” Other guest speakers scheduled for this year include: Diane Livingstone, assistant U.S. Trustee; Hugh M. Ray, partner at Andrews & Kurth, L.L.P.; and The Honorable Judge Jeff Bohm, United States Bankruptcy Judge.

Simpson said the HABP board has been actively seeking several accreditations and affiliations that will connect the organization to both state and national resources. Simpson is petitioning the Texas Board of Legal Specialization to begin the process that would allow paralegals to become certified as bankruptcy paralegals. She has also applied for a National Association of Legal Assistants (NALA) Affiliation that will give the HABP a vote within NALA, access to national continuing education conferences, and the opportunity to promote the HABP on the NALA Website.

Simpson plans to expand the HABP statewide and nationally within coming years. “This organization is being a model for other organizations,” Simpson said. “I set the bar high for everything I do.”

About Turea Simpson

A Houston native, Simpson has been a bankruptcy paralegal for Janet Northrup, Of Counsel with Hughes Watters Askanase L.L.P., for the past eight years and has been in the bankruptcy field for over 10 years. Simpson has been a certified bankruptcy assistant since 2007 and is an active member of the American Bankruptcy Judicial Assistants (ABJA). For more information on Hughes Watters Askanase, go to www.hwa.com.

About the Houston Association of Bankruptcy Paralegals

Established in April 2009, The Houston Association of Bankruptcy Paralegals offers members monthly CLE events, an annual conference, opportunities for pro bono work, a mentorship program and an online job bank. For further information on the HABP, please contact Simpson at tsimpson@hwa.com or phone 713-328-2833.

For Hughes Watters Askanase L.L.P.
Laura Pennino, 281-286-9398 or 713-419-1776 mobile
lp@penninoandpartners.com

EKU Now Offers Entire Paralegal Program at BCTC in Lexington

Beginning this fall, Eastern Kentucky University will offer its entire paralegal program at Bluegrass Community and Technical College in Lexington.

EKU, whose program was established nearly 30 years ago and was one of the first nationally and the first in Kentucky to earn American Bar Association approval, offers an associate degree in paralegal studies, a baccalaureate degree in paralegal science, a post-baccalaureate certificate in paralegal science, and a minor in paralegal science.

Lynnette Noblitt, director of paralegal programs at EKU, said that the Fayette County Bar Association has “expressed the need for more well-educated paralegals. Our program is highly regarded by local attorneys, and they have expressed tremendous enthusiasm for us coming to Lexington.”

Already, the entire EKU paralegal program except for three classes is also offered at six sites around the region and state: Corbin, Danville, Manchester, Somerset, Hazard and Fort Knox. Noblitt said Somerset area residents will soon be able, perhaps as soon as Spring 2010, to access the remaining courses through an arrangement with the Wayne County Judicial Center. Of course, the entire program is available on the main campus in Richmond. All on- and off-campus sites are ABA-approved.

Tailored for the convenience of working professionals, the EKU paralegal program offers its courses in the evening by a combination of methods: traditional classrooms, interactive television linking several sites, and online.

“For the vast majority of our students, this is a second career or a way for them to move up in their law office,” Noblitt said. “Our program is low-cost, with a very low student-teacher ratio and a host of student services.” In addition, “all our faculty members have juris doctorate degrees, and this includes several local judges and practicing attorneys who work with paralegals.”

According to the Bureau of Labor Statistics, paralegal employment is projected to grow much faster than average as employers try to reduce costs by hiring paralegals to perform various tasks once done by lawyers. A Bureau report went on to say that experienced, formally trained paralegals should have the best employment opportunities.

Private law firms, it is expected, will continue to be the largest employer of paralegals, but a growing array of other organizations, such as corporate legal departments, insurance companies, real estate and title insurance firms, and banks also hire paralegals.

In a recent survey, EKU paralegal alumni reported that almost half found jobs before graduation, and more than 90 percent found employment within six months of graduation.

To learn more about EKU’s paralegal program at BCTC or any other site, call 859-622-1025, e-mail paralegal@eku.edu or visit www.paralegal.eku.edu.

Paralegal Turned On-Set Pet Trainer

Christine Mahaney was working part-time as a  paralegal when she and her rescued Border Collie, Toula, won Petco's America's Most Talented Pet contest. Since then, Christine has become one of the most sought-after on-set trainers in the Mid-west and Toula is currently starring opposite Johnny Depp in Michael Mann's "Public Enemies."

L: How did you get started working on TV and movie sets?

C: It all started with winning America’s Most Talented Pet contest with Petco.

L: Really? Wow! You didn’t even consider that beforehand?

C: Well, I dreamed of it. I actually worked as a paralegal. I’ve been training dogs my whole life. I always loved watching movies with dogs and the behaviors they got the dogs to do. Living in Michigan, you just don’t have those opportunities. You can dream it, but can you live it?

I went down to the store and stayed up till 3 in the morning getting my props ready – I didn’t even know what I was doing or what order, which probably worked better for Toula and I, because you have to just roll with it when you work with dogs.
We went in there – won first place [local], and then we won the top 12 – and then we won. So – it was really from the Petco competition that got us out got us out there.

When Mahaney flew out to LA to do to the photo shoot, (FYI: Toula flew “Celebrity Status” – which was available to Toula specifically because she was going out to LA to work on a job) she also took the opportunity to meet with the owner of Paws for Effect, an animal agency. They immediately asked Mahaney if she wanted to work with them.

That was in Nov 2007. By April, Mahaney was training a a 12-week old dog for them to use in film and commercials. After that, as more jobs became available in the Midwest, Mahaney worked more and more.

L: Do you, then generally work with dogs that are provided by the company?

C: It just depends. It’s about 50 / 50. Right now I’m working on a movie for Disney Pixar in Chicago. That’s a private party animal that I located. They wanted a bulldog. It really depends on what the script calls for.

For “Public Enemies” they wanted a Border Collie. Now, Toula is not a typical-looking BC. She doesn’t have the white blaze – but she fit the part.

L: How is training for TV or commercials differ from everyday training or obedience?

C: It is different. The biggest difference,: training a dog for a movie is scripted. Real life doesn’t come with a script. Unless you have a crystal ball, you don’t know who’s showing up at your door, or when. So, as a private dog, you have to deal with real life situations. Training for movies, you have a very good idea of what the environment is going to be, so you know what you have to get the dog used to.

For private home training, I’m not really training the dog, it’s more that I’m training the person. When I work on a movie, I’m working with that dog. And you’re making the director happy.

L: Do you ever “train” any of the actors involved?

C: Absolutely! You have to. For example, in “Public Enemies,” Stephen Spencer [who plays Emil Wanatka] plays the owner of the dog. Toula had develop a relationship with this complete stranger to make it look like she was his dog. Now, that doesn’t happen just by sticking a dog— any dog -- with an actor 2 minutes before you start rolling. You wanna make it believable. ‘Yeah! That was his dog! Look at the way she looked at him!’ So you do want to prep the actors: 'this is cue you need you to give her' or 'this I the way you need to hold your hand. This is her release word.'

I’m getting ready to work on a movie with chickens. A 13-year old girl has to pick up a chicken. I’m going to have to work with that 13-year-old to teach her how to properly pick up the chicken so she’s comfortable with it.

L: How often have you worked with chickens?

C: Ironically, I seem to have been working with chickens often in this past year. It’s amazing. I wasn’t raised on a farm, but I like animals. Every animal you work with – it’s a learning experience. With chickens – you have to know how to make them settle more quickly – so their wings aren’t out. Those are other things I’ll have to go over with this girl.

L: What other exotic animals have you worked with?

C: Goats. If you consider that exotic. Deer. Squirrels….

L: Are squirrels trainable?

C: It was a trained squirrel, if you can believe it. A pet squirrel. He worked with audio and hand signals. The squirrel was trained to go to a buzzer: when it hits the buzzer, food comes out. Somewhat like clicker training.

I haven’t had the opportunity to work with reptiles. But, quite frankly, I’m OK with that.

L: What tricks and traits or behaviors are most important to train for camera / performing work?

C: For me, FOCUS work is key. If you can take your dog and walk down the street and you say “LOOK” and he looks right up at you no matter what’s going on around him, that’s HUGE. And that’s how I train, even when I train privately. With private pets, it’s a safety factor. If they have a desire to chase a squirrel or deer, and you see it before they do, and you can have them look at you, well -- you just saved them from chasing that animal.

As for a studio dog, or someone looking for movie work, FOCUS work is really key. When you’re on the set, there’s a lot going on. There are a LOT of distractions. Rarely are you in a studio that’s self contained and there are one or two people. So it’s FOCUS work.

The other key is to have a dog that’s really happy. And what I mean by that is: when you have a dog that’s really happy, that dog is happy in any environment. He’s happy meeting anyone - has no fears with strangers – a man, a woman, a child, infants, somebody wearing snowmobile suit with a helmet or a baseball cap. Every person is great to that dog. He’s happy to meet everybody. I think that’s huge.

L: Do you believe in coercive methods or positive methods?

C: I am a firm believer that you get a lot more mileage out of making a dog do what you want them to do from marking the positive and not focusing on the negative. Now when you work with positive-based training, it takes a lot more patience. So, when teaching a dog go into a tunnel, for instance, you’re luring that dog, making it positive for them to stick their head down there. But that dog might stand there for what seems like forever, even when it’s only 10 seconds. ‘Do I stick my head in? Do I? Don’t I?’ But eventually when the dog finally does it and they get that reward it’s like: Boom. He’s got it! ‘Nobody shoved me in there. Nobody had to pull me or push me in; I did it on my own.’ It’s a positive experience. But it takes a lot of patience.

L: What was the most difficult thing on “Public Enemies” you had to train Toula to do?

C: The most difficult thing on that set was to get Toula to walk outside the lodge with this actor she just met not even 2 hours before while I walked away into another room where she could not see me. It was shot on a wide angle, so I had to stay hidden inside. Meanwhile, she is walking out with this actor, it’s night, they’re out in the woods, there are cars pulling in, she’s off-leash, there are 100 some odd people around, cameras overhead, camera on-track, and she’s out there all by herself. I couldn’t give her any hand signals, verbals, or anything.

L: Did you get to rehearse beforehand?

C: I did. When we got there, we did some pattern training. And Stephen Spencer was willing and kind enough to work with us and do some prep – cause you do want it to come off as if they do have a relationship. And it was great – cause I was peeking through the window, and he stops at the end of the walk to meet Johnny Depp and the other gangsters, and Toula stops and sits down and looks up at him as if to say, ‘What’re we doing, Dad?’ It was perfect.

L: How did you do the pattern training?

C: Well, we did have a script, and I knew she would be exiting, but I didn’t know if the door would open in or open out -- something you never really think about – but it affects how you set your dog up. So, we went to a lot of different businesses with a lot of different people and traffic and I had her on a long lead -- with doors that opened in and doors that opened out -- and then we only had three days to do this.

And then when we got on set I did a lot more pattern-training -- Cheese wiz is a beautiful thing.

L: Did you work with target training?[Where you teach the dog to hit a target or ‘mark’]

C: I didn’t on this. I could have used a mark – but I didn’t want her to get down there and start looking for the mark. Even though it was outside – I have different marks: rocks, etc. But, again, it was dark – I didn’t want her searching with head dropped looking for a mark. I wanted her head focused on ‘oh, there’s people coming, I’m supposed to look alert, and I’m next to my owner.’

Source: examiner.com

Paralegal Becomes Citizen on July 4th

Joel Alonzo, 15 minutes after becoming a United States citizen, said he knows the opportunities his new country holds for him and what he has to offer America.

"This is my best day," the paralegal and aspiring lawyer said. "I have the chance to make a contribution to this country."

Alonzo, 43, a native of the Dominican Republic, was among about 195 immigrants who became United States citizens Saturday during a naturalization ceremony at Strawbery Banke.

The waving of American flags and tears of joy marked an event that saw families from all over the world coming together to celebrate their first Fourth of July holiday.

It wasn't lost on Gov. John Lynch that holding the ceremony on Independence Day reflected an American story of individuals continuing to embrace life, liberty and the pursuit of happiness.

"Your desire and pursuit of citizenship reminds us of what it is to be Americans. What you do is now up to you ... that's the beauty of America," he said.

He was among the guests who paid homage to the individuals who spent years working with U.S Citizenship and Immigration Services to finally earn their new status.

The governor urged Saturday's assembly to enjoy the freedoms bestowed on them, but also stressed that responsibilities come with it.

He urged the newly sworn Americans to give back to their communities through volunteering and take part in voting, which he called more of a duty than a right.

"Make the most of it, because your America is whatever you want it to be. You will help us keep the nation strong," Lynch said.

U.S. Citizenship and Immigration Services Boston District Office Director Denis Riordan — the son of immigrant parents himself — appeared to get teary-eyed when he talked about a country whose ideals haven't changed as it has welcomed individuals looking for opportunity.

"In this country there are no limits," Riordan said.

The ceremony saw him and others honoring Joseph Francis — a particularly unique applicant who received a Bronze Star and several other medals for heroism while serving in the U.S. Marine Corps in the Vietnam War.

Francis — of Native American heritage — is Canadian, but served the United States and was injured when a grenade exploded near him in August of 1968. He was also shot in the back, but asked to return to his unit despite being offered the chance to go home after a stay in a Guam military hospital.

Francis led the group in their first pledge of allegiance.

Riordan said Francis has earned his rights as an American.

"We owe that to you," Riordan said.

Those becoming citizens on Saturday hailed from 49 countries, ranging from Armenia and Chile to Tanzania and Iran. A number of them came from India and the Dominican Republic.

Alonzo said he has lived in the United States for 15 years and worked hard to earn his new status.

The Lawrence, Mass., resident said he works as a paralegal and plans to attend law school.

Preeta Sharma, 33, was born in India. She said she came to the United States for the jobs and the lifestyle it affords her family. She was all smiles Saturday as she sat with others and awaited the taking of their oath.

"It's really exciting. Nothing could be better than this day," Sharma said.

She works for a health insurance provider and has spent more than seven years in the country.

"Last election we wanted to vote so much for Obama," Sharma said.

Ravi Kulbushan, 35, another native of India, echoed her sentiment.

"You feel like part of the country and you want to contribute more," he said.

Kulbushan — a senior software engineer — said America affords individuals unlimited opportunity that isn't an option in other countries.

"You can do whatever you want to do," he said.

Lawrence Yerdon, president of the Strawbery Banke Museum, said it was appropriate the ceremony took place at a Portsmouth landmark, a location with a long history of serving as the home of immigrants searching for a new life in the United States.

Source: Fosters.com

Lawyer Cannot Ask Paralegal to "Facebook Friend" A Witness

After the flood of attention which lawyers and the media have recently paid to social networking sites, the next logical emphasis will be the ethical use, and mis-use, of such sites by lawyers.

Trying to jump start that inquiry, in Internet Social Networking Sites for Lawyers, we hinted at the risks of Facebook-friend’ing prospective jury members (improper contact under Rule 4-3.5) and we raised concerns about the use of social networking sites being deemed as advertising violations (Rules 4-7 and 4-15).  Indeed, in a recent presentation, we even discussed whether a law firm could revise and tailor its website prior to trial.  We also proposed to a paralegal group that they could not anonymously send Facebook-friend requests to jury members.

But we were clearly not thorough nor quick enough.  The Philadelphia Bar Association Professional Guidance Committee hustled out its Opinion 2009-02 which held that a lawyer could not ask a “third person” (presumably a paralegal or office employee) to Facebook-friend a deposition witness so the lawyer could surreptitiously access the witness’ Facebook page.

For the uninitiated, the default setting on a person’s Facebook page is that only invited/permitted users can see the page.  To gain access, a user needs to send a “Facebook friend request.”  That request usually is accomplished by clicking a button which says “send Friend request.”   There is a discreet link which says “Send a Personal Message” where the pursuing user can enter a greeting or identification or some kind but, at least anecdotally, this is rarely used.  The receiving user can see the name, picture, and a brief description of the person sending the friend request.  That person can then “confirm” or “ignore” the request.  For a good summary of this process, look here.

Here, the lawyer believed the deponent had information on her web page and somehow believed she would accept just about anyone as a Facebook friend (presumably there was some discussion as to the number of Facebook friends or her Facebook practices).  In person, the lawyer did not ask to be a Facebook-friend.  Instead, the question was raised whether the lawyer could properly have a third person send the request — a person who the witness would likely not be able to identify as someone associated with the lawyer.  The obvious intention was that the Facebook-promiscuous user would blindly accept the friend request, thereby giving the lawyer access to the page.

The Philly Bar concluded that this was improperly deceptive under their Rule 8.4, which is nearly word-for-word identical to Florida Rule Regulating the Florida Bar 4-8.4.

First, the lawyer was responsible for the acts of the third person since the lawyer was asking for and ratifying the conduct.  Second, the lawyer was purportedly “engag[ing] in conduct involving dishonesty, fraud, deceit or misrepresentation… because the planned communication by the third party with the witness is deceptive [because] it omits a highly material fact, namely, that the third party who asks to be allowed access to the witness’ pages is doing so only because he or she is intent… on sharing it with the lawyer for use in a lawsuit to impeach the testimony of the witness.”

Unlike that Bar, we note that Facebook friend request typically do not involve an explanation / introduction and question whether this is truly “hiding” information.  Then again, in a non-virtual world example, a lawyer asking another person to cozy up to a witness at a bar to get information seems improper.  Your thoughts?  Comments welcome below.

Source: Florida Law Commentary

Paralegal Jennifer Williams Earns Professional Credentials

Jennifer Williams, a paralegal at White & Allen, P.A., has successfully completed the two-day examination that entitles her to use the Certified Legal Assistant/Certified Paralegal credential.

Williams is among 446 paralegals in the state of North Carolina and 15,378 nationwide who have attained this goal and can carry the CLA/CP designation.

The CLA/CP examination program is a voluntary professional credentialing program developed by the National Association of Legal Assistants and administered by a board composed of paralegals, members of the American Bar Association and members of the field of education active in paralegal training.

Williams has been with White & Allen since July of 2007. In that same year, she graduated from Meredith College in Raleigh with a Bachelor of Arts degree. She works for White & Allen in the areas of tax, qualified retirement plans, estate planning, estate administration, business planning, corporations and limited liability companies. 

Williams is a native of Newport, N.C. and now resides in Winterville.

White & Allen, P.A. is a full-service law firm that has offered a wide range of legal services to Eastern North Carolina since 1927. Its practice areas include bankruptcy and creditors’ rights, civil litigation, personal injury, commercial law, corporate law, criminal law, elder law, employee benefits, employment law, estate planning and administration, family law, health care law, real estate and tax planning.

Source: Carolina Newswire

Demand for Paralegal, Legal Assistants Growing

For anyone with an interest in law but without an interest in law school debt, the paralegal profession may be a career to consider.

Interest in paralegal work has grown significantly during the last few years, and area paralegals say the career is growing not just in popularity but in diversity as well.

Donna Patterson, a paralegal with Cantey Hanger LLP, who has been a paralegal studies instructor at the University of Texas at Arlington since 2002, said the paralegal program at UT-Arlington has seen a growing increase in student enrollment.

“I can tell you personally, as an instructor, that I do see an increase in people going into the field, and there are more men now than ever in the paralegal field, it’s a great career opportunity,” Patterson said.

Patterson also is the public relations and scholarship chair for the Fort Worth Paralegal Association, which was established in 1982.

The basics of a paralegal’s job description is to assist attorneys. Otherwise, job duties change depending on what type of law a paralegal focuses on, how many attorneys they work for, and what type of firm the paralegal works in.

Paralegals also spend a large amount of time researching evidence and preparing documents and information for the courtroom.

“I do an awful lot of research, anything from due diligence on the opposing party in a litigation, to current case laws and statutes,” Patterson said.

Key qualifications paralegals need to be successful are a solid knowledge of the law, and the ability to be extremely organized and finish work ahead of deadlines.

Weekly work hours for paralegals depend on the type of law a firm practices, Patterson said, adding that in transactional law a paralegal is likely to have a traditional nine-to-five schedule, but in litigation, work weeks can stretch up to 50 or more hours.

For Monty Mays, a freelance paralegal and the head of MMPS Associates, work loads and hours are often up to him. Mays also is the president of the Fort Worth Paralegal Association.

“I’ve been a paralegal for 15 years in Tarrant County, concentrating mostly in family law. But in July of last year, me and the firm I was with parted ways and I decided to take advantage of my experience and open up my own shop,” Mays said. “I contract myself out to attorneys just to do documents.”

Freelance work has gone well for Mays, he said, because some law firms may not need a full-time paralegal but still need occasional help on cases.

For Mays, area attorneys get in touch with him, put in a request for certain documents they need prepared, and Mays goes to work.

“They e-mail or fax me what they want, I prepare the documents and e-mail them back, and they don’t even have to leave the office,” Mays said. “We charge per document.”

While Mays has been successful in growing his freelance paralegal firm, he said there are a few drawbacks to not being a full-time staff member at a law firm.

“Like any other type of employment, it’s feast or famine,” he said. “Working with a firm my paycheck was steady, the same every pay day, whether we had work or not.I have to work harder at it being self-employed to keep income coming in, but it’s more enjoyable in the end.”

Mayes’ advice for anyone looking to go into a paralegal program is to check with area schools and with the State Bar of Texas, which keeps a running list of schools the Bar approves that have strong paralegal programs.

The paralegal program at UT-Arlington provides a different type of education than fast-track paralegal certification courses, which are often advertised on television, Patterson said.

The UT-Arlington program “is a full program, it takes two years for someone to finish if they work hard,” she said. “I would recommend a long program before I would recommend something that’s only going to take a few days or a few hours. The long-term benefit is that it’s more well-rounded and you get more exposure to the different areas of law and their applications.”

The Fort Worth Paralegal Association also spends time working with area schools and paralegal students to offer career days, lectures and various career-prep programs, said Julie Sherman, who is also a paralegal at Cantey Hanger and president-elect and education chair with the Paralegal Association.

“We do a lot with paralegal schools in the area, Tarrant County College, the UTA paralegal program, Texas Wesleyan has a program, UNT has a paralegal studies program,” Sherman said. “We work with schools and speak with students about how to do resumes, how to dress for job interviews, what to do before taking certification exams, and just try to help students get prepared for real life.”

Source: Fort Worth Business Press

Lawyers, Paralegals to Swear Identical Oaths of Office

Lawyers and paralegals in Ontario will now swear virtually identical oaths of office after a majority of law society benchers turned down oaths with separate preambles that one bencher called “demeaning.”

Paralegal Bencher Paul Dray, chairman of the paralegal standing committee, told Convocation that his committee was against different language used in the preambles.

“What they were proposing was that for barristers and solicitors it’s an ‘honour and a privilege,’ but for paralegals it isn’t an honour and a privilege,” he said.

“Our committee felt very strongly that it was an honour and a privilege to be a member of this society, to have the responsibility to the public, and the same responsibility. We understand the difference between lawyers and paralegals — that’s very clear. But not our duties and responsibilities to the public.”

The professional development and competence committee addressed the oath issue at its Feb. 12 meeting, according to a report issued at May Convocation. Some members felt there should be separate oaths for lawyers and paralegals, and it was suggested that, “it might be appropriate to maintain the oath’s historic language.”

The group created a pair of oaths — one for barristers and solicitors, one for paralegals — that the report said “reflects the professional and legal distinction between lawyers and paralegals, while the remaining paragraphs reflect the common duties and responsibilities owed to clients, the judiciary, the public, and the profession.”

The oaths proposed by the committee were identical, with the exception of their preambles. The barristers and solicitors oath started off with, “I accept the honour and privilege, duty and responsibility of practicing law as a barrister and solicitor in Ontario.”

The paralegals oath, however, began with, “I undertake to perform all of the duties and fulfil all of the obligations required of a paralegal in the province of Ontario.”

The report stated, “The purpose of an oath is to remind those taking it of these standards and duties and the commitment they are making. From a regulatory perspective, the oaths should mirror each other so that it is clear that lawyer and paralegal duties are the same, within their respective spheres.”

Bencher Alan Silverstein, chairman of the oath working group, told Convocation that the different preambles in the proposed oaths aimed to “recognize that there are differences — historically, there would be differences — between lawyers and paralegals.”

Bencher Judith Potter urged Convocation to adopt a different oath for lawyers, saying she has spoken to lawyers who are “appalled” by the prospect of members of their profession swearing the same oath as paralegals.

“To be a lawyer is to be a member of a profession requiring graduation from a professional school at a university,” she said. “In my view, paralegals are a vocation, not a profession, and therefore should not be swearing the identical oath sworn by lawyers.”

Bencher Susan McGrath, vice-chairwoman of the paralegal standing committee, said, “When I read the two versions of the oath . . . I personally felt that the oath for paralegals seemed to be somewhat demeaning, given the fact that they have the same professional duties and obligations, and I’m sure that paralegals feel the honour and the privilege of being members of this society.”

The paralegal standing committee issued a report stating, “the committee regarded the different first sentences as an unnecessary distinction given the important role of paralegals in providing legal services to Ontarians and thus enhancing access to justice.”

The committee proposed a preamble more in line with the barristers and solicitors oath, reading, “I accept the honour and privilege, duty and responsibility of providing legal services as a paralegal in the province of Ontario.”

After an hour of debate among benchers, that proposal passed by a vote of 37-5. A sentence reading, “I shall seek to improve the administration of justice,” was added to both oaths following a motion from Bencher Tom Heintzman.

Controversy over the oath dates back to the Law Society of Upper Canada’s May 2008 annual general meeting, when members passed a non-binding motion for benchers’ consideration.

It called for a change to the oath, with amendments to the law society’s bylaws to replace the term “licensee” with “lawyers” or “barristers and solicitors.” It also asked that lawyers in good standing be called “members” by the LSUC.

Wording in the oath was changed in April 2007, when the law society passed an omnibus motion amending its bylaws in response to the beginning of paralegal regulation, which commenced May 1, 2007. The LSUC said the term “licensee” was inserted throughout the Law Society Act at that time — at the provincial government’s behest through the Access to Justice Act — as a generic term referring to both lawyers and paralegals.

The law society also said it continued to use the term “members” when referring to lawyers and paralegals for corporate, rather than regulatory, purposes.

The issue came to Convocation in November 2008, when the ad hoc committee first proposed a new oath of office. But most benchers were unsatisfied with what the committee came up with, and sent it back to the drawing board. The committee was initially expected to submit another proposal to Convocation the following month.

Source: Law Times

Original Cha-Ka from TV's 'Land of the Lost' was a Paralegal

I've always loved the original series, 'Land of the Lost' and particularly the cute, furry character Cha-Ka.  All he had to do was appear on screen and I'd start to laugh.  For years I thought he closely resembled Clint Howard, actor and brother to famous sibling, Ron Howard.  In truth though, the actor who played the original Cha-Ka is Philip Paley and was only 10 when he was cast in the role. 

Now 45, he's a litigation support project manager at a Los Angeles law firm, helping attorneys gather and preserve evidence during the discovery phase of a trial. Before that, he was a paralegal for 10 years. He's also getting married in July. But he says he misses acting.

"Of course," he said. "It's a lot of fun, I think I'm pretty good at it. I have a problem with the whole pursuit of acting. It's so fraught with rejection, and the pursuit of it is not really for me, but I really enjoy the doing of it."

Attending the premiere and seeing the "Land of the Lost" movie "was very exciting," he said.

"For 35 years, the cast never really received any recognition for the work we did, and so it was pretty cool to finally get a little recognition for our work. We've always known it was a positive show -- people love the characters, people were really into it. It imprinted on people some really good things from their childhood.

"The allure of the show still is that it's great for kids," he continued. "It's filled with intrigue and it's a little bit scary and there's a lot of innocence in the characters, particularly between Cha-Ka and Holly and how they interact."

Paley is writing a book about his time on the show. He also has a Facebook page to interact with Cha-Ka fans.

New Partner Sponsor Welcome - Institute for Paralegal Education

ParalegalGateway is proud to welcome our new Partner Sponsor the Institute for Paralegal Education (IPE). For almost 15 years, IPE has provided legal education to paralegals, legal assistants and paralegal students. IPE provides hands-on training, proven practices and practical advice from experienced professionals working in the field. Continuing education formats include live and in-house seminars, live audio and video webcasts, teleconferences, downloadable or printed materials and audio recordings for self-study and legal reference. Quality topics, customized formats and the continuing education credit you need - that's IPE.

Please join us in welcoming IPE and please visit their website and thank them for promoting and supporting the Paralegal Profession!