march - april 2011 wspa newsletter

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

Findings & Conclusions 1

Findings & Conclusions

President’s Cornerby Brian Haberly, WSPA President

After what seems like an interminably long and soggy winter, springtime in the Northwest is a widely anticipated and much welcomed time of year. Members of the Washington State Paralegal Association mark springtime with the annual election of officers and directors, and by the hosting of our Spring Continuing Legal Education program.

WSPA 2011 Annual Elections

All voting members of WSPA are encouraged to run for office and to vote in our annual elections that will take place in early April. The term of office runs from June 1st 2011 through May 31st of 2012. Nominations for this year’s elections close March 31st, and information is available on the WSPA website. If you are a voting member, watch your email for instructions on how to vote. Every vote matters! If you are interested in heading or serving on a WSPA committee to help us expand our

programs, please email me at [email protected].

On a personal note, I will be completing my third consecutive term as your president, and will not be standing for re-election in 2011. I will continue to proudly serve on the WSPA Board as Immediate Past President, sharing my experience, ideas, and enthusiasm with the newly elected board.

Spring CLE and Annual Paralegal Awards Luncheon – Friday, April 22nd

Have you made plans to attend the Spring CLE and Annual Paralegal Awards luncheon yet? This year’s

program features two concurrent tracks – Litigation and General Practice topics. Well experienced presenters will share their knowledge in such topics as Legal Writing, Legal Ethics for Paralegals, Trial Technologies, Preparation of a Defendant’s Deposition, Online Legal Research Tools, Getting the most from an Independent Medical Examination, the new WestlawNext human language legal research service, and Current Patent issues.

You can attend for either a full day, half day, or just join us for some networking during the delicious Annual Awards Luncheon! (6.0 WSPA CLE Credits if attending all four 90 minute long sessions.) Sharpen your skills, say hello to some long-time friends, and make new ones during the Luncheon. Join us for pastries and coffee during Registration from 8 am to 8:30 am. We'll start the day's CLE's at 8:30 am.

During Lunch, we'll salute some of Washington State's special paralegals at our Annual Paralegal Awards Luncheon. Choose one of the following delicious Luncheon entree selections: Black Forest Chicken with thin sliced ham, Swiss Cheese and a light wine sauce, Tender London Broil

(continued page three)

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

President’s CornerAfter what seems like an interminably long and soggy winter, springtime in the Northwest is a widely anticipated and much welcomed time of year.

Chapter ReportsPage 3

NFPA AwardsDo you know that NFPA gives yearly awards to its members? There are awards for associations and for individuals – including a scholarship to take PACE. Page 6

PACE ExamFor interested participants in Washington State, this one-time Pilot Exam will be offered near Seattle, WashingtonPage 7

Branding Brand recognition plays a large role in purchase decisions made by consumers. Legal protection of brand names can be accomplished through trademarks, which are words, names, symbols, sounds or colors that distinguish goods and services from those manufactured or sold by

others and indicates the source of the goods and services.Page 10

Tech Fads

Edmonds Instructor Appointed to Indian Law and Order

Page 10

A Bi-Monthly Newsletter Volume 26 Issue 2 March/April 2011

Washington State Paralegal Association President, Brian

Haberly

[email protected]

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 [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]










































Findings & Conclusions 3

(President’s Corner Continued from Page One)

with Mushroom Burgundy Sauce, or Grilled Vegetable Stack (Grilled Eggplant, Portobello Mushroom, Zucchini, Yellow Squash and Bermuda Onions). Lunch includes a starter salad, and Garden Fresh Vegetables and Bread in addition to the main course, plus a yummy Cheesecake dessert, coffee and tea.

Spring CLE Registration fees are as follows: (Full Day/Half Day): WSPA Members: $175/$95; Non-Members: $200/$120; Students/Govt.: $100/$75. Awards Luncheon Only Option: $45.

2011 WSPA Annual Awards

Do you know someone that should be recognized as Paralegal of the Year? Or how about a good candidate for a $500 Paralegal Student Scholarship? WSPA will be taking nominations for its annual awards from March 1, 2011 through April 1, 2011. Nomination forms are available at: www.wspaonline.org. Nominations can be made in multiple categories as long as separate forms are used for each nomination. In addition, individuals can self-nominate for certain awards. Winners will be recognized at the Spring CLE and Awards Luncheon on April 22, 2011 at the Red Lion Hotel in Seattle. Please contact Brenda Cothary, 2011 Awards Committee Chair at [email protected].

Special Thanks to T-Scan for Sponsorship of the 2011 WSPA/T-Scan Paralegal Student Scholarship!

The Washington State Paralegal Association would like to salute our new sponsor of the 2011 Paralegal Student Scholarship, T-Scan Corporation. T-Scan is a privately operated, full service litigation support company headquartered in Seattle, Washington, and obtains records for clients worldwide. WSPA is excited to report that TScan’s generous support will enable us to provide both a $500 first place and a $250 runner-up scholarship this year! To learn more about T-Scan, find them online at http://www.tscan.biz.

Update on PCC Pilot Exam

WSPA is excited to partner with our parent association, the National Federation of Paralegal

Associations, in hosting the June 11th, 2011 Pilot Exam of the new Paralegal Core Competency Exam. This one-time event is being held in just a handful of cities nationwide prior to the national roll-out in the Fall. The June 11th pilot exam will take place at Highline Community College, and online registration will become available on a first come, first served basis on or about April 1st. See additional information about the new PCC Exam elsewhere in this issue, as well as on the NFPA website at www.paralegals.org.

NW Chapter Reportby Michele Snow-Waltz

In the northwest corner of Washington, despite the wet and windy weather, bits of spring are peeking around the corners. Bright yellow forsythia and pale pink cherry blossoms were visible along the Guide on the way to work last week, causing me to smile the rest of the day.

Spring means change. It seems fitting that WSPA holds its elections this time of year. We will

( N W Chapter Meeting)

have to wait to see what the coming season holds, but shortly after this issue of Findings and Conclusions goes to ‘print,’ we will know the identity of our new Chapter Director, as well as other new WSPA officers and directors. Congratulations and thanks to all of you who step up and volunteer for positions in our organization. WSPA needs you!

Since our last report, the Northwest Chapter held two brown bags. Our February brown bag featured Brian Hansen, of Resick, Hansen & Fryer. Mr. Hansen has practiced law since 1977, and was well prepared to present our ethics CLE. He spoke about the duty of confidentiality owed to clients by lawyers and their paralegals, especially in guardianship and probate cases. We want to thank Mr. Hansen for sharing his time with us, and for making himself available to answer our questions.

Our March brown bag featured Geriatric Care Managers Eden Alexander and Susan Gardner. Ms. Alexander is a Certified Geriatric Care Manager and Licensed Independent Social Worker. She is employed by the Elder Law Offices of Meyers & Avery. Ms. Gardner is a licensed and Certified Social Worker who also works as a Geriatric Care Manger with the Elder Law Offices of Meyers & Avery. Not only did Ms. Alexander and Ms. Gardner give us an introduction to their specialties, but they conducted an informal discussion group about the difficulties of dealing with elderly family members. Thanks to Ms. Alexander and Ms. Gardner for sharing their time and knowledge with us.

Our April brown bag will feature Virginia Tucker, Whatcom County Law Librarian, full time lecturer at San Jose State University, and author of “Finding the Answers to Legal Questions: A How-To-Do-It Manual.”

East King County Chapter Report

by Josh Normand

The East King County Chapter held its March meeting at the Panera Bread in Redmond. We had a small but knowledgeable and enthusiastic crowd who gathered to see Tim Sooter’s Family Soft Demonstration. Tim Sooter is the CEO of Legal Plus Software, Inc. and he founded the company in the late 1980’s along with his brother Steve, who was in Law School at the time. In the late 1980’s, Congress passed a law mandating a uniform standard for Child Support. As a response to this, each state legislature had to come up with a law and standard for child support. Tim and his brother came up with

Michele Snow-Waltz, NW Chapter Director Josh Normand, East King County Chapter Director

http://www.wspaonline.org

http://www.wspaonline.org





http://www.tscan.biz






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

the program, Support Calc, a program designed to calculate child support. In 1992, Tim oversaw the development of Forms+Plus, a software solution for the Mandatory Pattern Forms of Washington State. We learned a lot about how laws create opportunities for entrepreneurs like the Sooters as well as the development of the software and security measures that Legal Plus has put in place to ensure privacy for the client in sensitive cases like Family Law Cases.

Snohomish County Chapter Reportby Sarah Eisenhauer

The first meeting of the year was held on March 2nd at the Everett Library’s Evergreen Branch. The presentation was on “Medical Record Retrieving around the Country” given by Jay Jenkins, Director Business Development & Client Services for T-Scan. It was a very informative presentation on the procedures, as well as hints and tips, of how you would go about obtaining Medical Records.

The next meeting is tentatively scheduled for May 11th from 6:45 to 8:30 at the Evergreen Branch of the Everett Library. If you have a topic of interest that you would like to learn about or discuss this year, please feel free to contact me at [email protected].

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

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

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

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

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

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

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

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

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 cort authority to perform this work. Substantive shall mean work requiring recognition, evaluation, organization, analysis, and communication of relevant facts and legal concepts.

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.

Sarah Sawyer, Secretary











It’s Simple.

T-Scan Headquarters: 4200 23rd Avenue West Seattle, WA 98199

Offices Located in: Seattle, Portland, Boise, Spokane and Salt Lake City

Contact T-Scan: [email protected] or 800.285.1507

Record Retrieval Document Production Imaging

T-Scan Works for the Documents While you Work for the Client



Do you know that NFPA gives yearly awards to its members? There are awards for associations and for individuals – including a scholarship to take PACE. Each award has specific requirements for what the nomination letter must contain and what supporting documents need to be submitted. Ask you board to look in the NFPA Procedures Manual for all the details as outlined in Section 25.

Here is information on what the awards are and later I’ll explain how they are judged and how the judges are chosen.

NFPA Individual Pro Bono – Recognizes an individual practicing paralegal who has exhibited extraordinary dedication to the delivery of quality legal services to a portion of the population that cannot afford to pay for legal services. Any individual or Association may nominate a practicing paralegal for this award. An individual may also nominate themselves. The nomination form shall be submitted with a letter of nomination of no more than two pages and must include a variety of information including a clear identification of the

services and accomplishments of the nominee in the area of Pro Bono services.

This award is open to all practicing paralegals. The nominee need not be a member of NFPA or an NFPA member Association. Among the criteria the judges look at are that the nominee must have offered Pro Bono services designed to target that portion of the population which cannot otherwise afford legal assistance, and have contributed to the delivery of quality legal services directed to members of the community who are unable to pay reasonable or customary legal fees. Also, did the nominee further enhance the delivery of such legal services? and does the nominee exhibit a true dedication to the delivery of quality legal services?

However, a greater weight shall be given to those nominees who provide Pro Bono services outside of or in addition to their normal course of employment.

This award includes expenses to attend the NFPA Annual Convention, a commemorative plaque, and

a $1,000 donation to the pro bono project of the recipient’s choice.

NFPA Association Pro Bono -- Recognizes NFPA member association that has exhibited outstanding dedication and service in the area of Pro Bono services. Anyone may nominate an NFPA member association for this award, or the association may self-nominate. As with all awards, there are specific topics the nomination letter must include, which are outlined in the NFPA Procedures Manual at Section 25.

The general criteria to be considered shall include, but are not limited to:

● The Program must be designed to target a portion of the community which cannototherwise afford to seek legal assistance.

(continued page eight)

NFPA Awards – They are Meant for Members – Get ready to Nominate Your Members

by Theresa A. Prater, RP Vice President and Director of Profession Development


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.

The Paralegal Core Competency (“PCC”) Exam (see PDF brochure here) will be having pilot tests at selected locations throughout the contiguous United States on June 11, 2011. Those wishing to participate will need to apply online through MemberClicks between April 1 - 30, 2011. The reduced application fee for this pilot test will be $65.00 plus likely

a nominal surcharge (not yet determined) to cover the MemberClicks service. Details and the link to the online application will be posted on April 1st. Seating at each site is limited and will be filled on a first come basis. It is not necessary to contact the testing site directly.

The Candidate Handbook will be posted on the NFPA website by the end of March in PDF format as a free download. The mini-handbook for this pilot exam will be a very condensed version of the full Handbook.

The test sites will be open from 12 Noon to 5 PM on June 11 to accommodate check-in and check-out. The actual test will run from 1 PM to 4 PM.

The pilot exam will be a pencil and paper version. It is a valid exam and any candidate with a passing score will be entitled to use the CORE Registered Paralegal (CRP) credential.

For interested participants in Washington State, this one-time Pilot Exam will be offered near Seattle, Washington, at Highline Community College, 2400 240th Street, Des Moines, WA 98198.



http://www.paralegals.org/associations/2270/files/2010content/PCC.pdf

http://www.paralegals.org/associations/2270/files/2010content/PCC.pdf



(continued from page seven)

● Each paralegal participating in the Program shall comply with the ethical standards of NFPA and the local Association.

● At no time will the Judges consider the number of hours contributed by the Association’s members, nor the number of individuals assisted by the Program.

This award comes with a $500 check for the Association’s chosen pro bono project.

PACE Ambassador -- This award will soon be renamed to include the PCC exam. It was designed to recognize outstanding achievement in promoting NFPA’s paralegal certification exams. The nominee must be an NFPA member association can nominate its Paralegal Certification Ambassador and the Association for the award by submitting a letter of nomination, providing evidence of all the marketing efforts made by the Ambassador and/or the Association in the previous year. The nomination must be specific as to dates with respect to accomplishments, projects or any other information submitted. It should address the questions such topics as:

● Has the Association appointed a Paralegal Certification Ambassador?

● Has the Association sent its Ambassador or other representative to the NFPA Paralegal

Certification Ambassadors’ Conference?

● How effective has the Ambassador been?

● Any other evidence presented by the association.

The judges weigh the evidence as follows:

20%: Utilization of the Paralegal Certification Ambassador Program

20%: Assisting members by helping them prepare to take PACE or PCC Exam

20%: Participation by individual members in PCC Exam and PACE

20%: Marketing PACE and the PCC and exams within the Association

20%: Marketing the PCC and PACE exams to other members of the legal community

The award includes expenses to attend the NFPA Annual Convention and a commemorative plaque.

William R. Robie Leadership -- This award recognizes an NFPA member in honor of the Honorable William R. Robie and his dedication to the paralegal profession, the expansion of the delivery of legal services and equal access to justice for all Americans. Any NFPA member Association may nominate a voting, student or affiliate member of an NFPA member Association for the Robie

Award. The nomination must be accompanied by a letter/letters of nomination from the nominating Association’s President and/or other individuals and contain, among other information, the following information:

● A description of the following qualities of the nominee: Dedication to the paralegal profession; Service to the legal community; Leadership; Participation in the NFPA member Association work; Positive attitude toward paralegal education either by service on an advisory board, as an instructor in a paralegal program, or as a speaker in a continuing education project; and Has created a lasting legacy to the paralegal profession through some distinct contribution(s).

The award includes expenses to attend the NFPA Annual Convention and a commemorative plaque.

NFPA Outstanding Local Leader -- This award recognizes an individual NFPA member for outstanding leadership contributions to his/her local Association. NFPA member Associations or a member of an NFPA member Association may nominate an individual NFPA member for this award. Nominations must be accompanied by a letter of nomination by the nominating member or Association detailing how the nominee meets the criteria for eligibility.

Nominees for this award must be a member of an NFPA member Association and must be nominated by a member Association or individual Member of the same association. The nominee will have demonstrated influential behavior in the paralegal profession; promoted interest and active participation in the activities of his/her local Association; motivated others to work toward establishing and carrying out professional goals; and will have been recognized by the legal community as a committed professional dedicated to the advancement of the legal profession.

The award includes expenses to attend the NFPA Annual Convention as well as a plaque.

NFPA Paralegal of the Year -- The award recognizes an individual NFPA member, whose on-the-job achievements have contributed to expansion of the paralegal profession, including contributions to his/ her employer, colleagues and the paralegal profession in general. Anyone may nominate a member of an NFPA member Association or an individual sustaining member of NFPA for this award. The letter of nomination must include information on how the nominee has taken the initiative beyond typical job duties to contribute to expansion of the paralegal profession, including how an expanded role has served the paralegal's employer and/or others for whom the paralegal performed additional duties, cost savings, added efficiency, added professionalism, increased visibility, or other factors that have been a positive result of the paralegal's initiative and how his/her efforts have been recognized and appreciated by the

individuals who the paralegal performs paralegal duties for.

Nominees for this award must be members of an NFPA member association or an individual sustaining member of NFPA. Paralegals working as either traditional or non-traditional paralegals are eligible to receive this award. If the nominee is a freelance or independent paralegal (within the scope of the authorized practice of law), the nominating individual may be a client.

The award also includes expenses to attend the NFPA annual convention together with a plaque.

Judges for the all awards are chosen by the NFPA board of directors at the winter board meeting, from the NFPA Advisory Board. It is the duty of the VPPD to suggest the judging panels for the Thomson-Reuters’ scholarships, as well as the annual awards. The nominations open on April 1 and close on July 1 – without exception.

All nominations are handled by the NFPA Management Team at headquarters, under the supervision of Cindy Byfield, the managing director. The NFPA board does not know who is nominated, how many nominations are received or when they are received. Cindy oversees the delivery of nominations and receives the judges’ decisions, orders the plaques and contacts only those individuals who must make arrangement to get winners to Convention. The NFPA board does not know who wins what award until the announcement is made by the individual Vice Presidents announce the winners.

Please think about the members of your association who have given to the paralegal community and to the public – honor them by placing their names before an independent panel of judges for recognition of their accomplishments. Ask your NFPA primary, secondary or association president to get the procedures – read them – nominate someone by July 1.

NFPA also awards a PACE scholarship and further recognizes excellence in paralegal students by the presentation of two student scholarship awards. If you’d like more information on the scholarships, visit the NFPA website. These scholarships also have an application deadline of July 1. Of course, you are free to contact me at [email protected].




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Brand recognition plays a large role in purchase decisions made by consumers. Legal protection of brand names can be accomplished through trademarks, which are words, names, symbols, sounds or colors that distinguish goods and services from those manufactured or sold by others and indicates the source of the goods and services.

The strength of a trademark is important to the consumer’s decision making regarding purchasing a particular product or service. Companies generally work to increase the strength of their trademarks by providing visible use, repetition of use, length of use and consistency of use of the mark.

Further, a company can strengthen one or more trademarks by building a portfolio based on brand unification. A unified trademark portfolio includes multiple applications and registrations for related goods and services that each share a common feature.

Unfortunately, due to a lack of preplanning and — perhaps — knowledge, companies often build their trademark portfolios in a piecemeal fashion by seeking trademark protection for each individual

product or service without considering related products and services. The value of creating a unified trademark portfolio provides increased brand recognition through increased visibility and repetition of use across one or more products and services.

Many factors should be considered when building a portfolio, such as identifying one or more common features to be shared by the individual trademarks, determining an appropriate type of trademark application needed, identifying whether a desired mark is in use and selecting one or more jurisdictions in which to file the application.

Generally, each application or registration in the unified trademark portfolio shares a common term, letter, logo or theme. For example, “Mc” food products are widely identified as originating from McDonald’s Corporation. Some of the products include McFlurry, McRib, McMuffin and McGriddle food items.1 Other examples of unified trademark portfolios are discussed in detail below.

As evidenced by the McDonald’s example, trademarks for goods and service marks2 are the most common form of mark in unified portfolios.

However, certification3 and collective marks4 can also be included, depending on the type of business organization building the portfolio.

The individual trademarks in a portfolio can include filings in one or more jurisdictions, including state, federal5 and foreign jurisdictions. Most frequently, federal and foreign filings are used to ensure a wider span of protection than state law provides.

Additionally, most portfolios include a combination of actual use applications and intent-to-use applications. Intent-to-use applications are useful when a company or individual has a bona fide intent to use a mark, not yet in use in interstate commerce, and allows the filing of an application prior to actual use. Early consideration of these factors allows a

(continued page ten)

A New Year, A New Approach: Maximizing Trademark Value Through a Unified Portfolio

by Krista A. Wittman, Esq and Scott E. Smith , Esq.



(continued from previous page)

company or individual to plan and build an effective and unified portfolio for related goods and services offered.

As well, use of a unifying mark, such as a house brand, can aid in registering trademarks that may otherwise be problematic. Trademark strength and, therefore, the ability to register a mark are judged on a continuum.

About Authors:

Krista A. Wittman, Esq

Ms. Wittman is a registered patent attorney and has been with the Cascadia Intellectual Property ® law firm since 2006. She received her Juris Doctorate degree from Willamette University in 2003, Bachelor of Science degree in Biochemistry from the University of Rochester in 2005, and Bachelor of Arts degree in Psychology from the University of Washington in 2000. Ms. Wittman’s practice includes all areas of intellectual property law, including patents, trademarks, copyrights, licensing, and litigation support. Her patent practice covers a wide range of technologies, including web-based software applications, data management and classification, data visualization, data security, digital alerts, communication infrastructure, visual social communication, teleconferencing systems, digital encoding, surface plasmon resonance sensors, medical device authentication, and automated patent management systems. Prior to joining the firm, she interned for a patent boutique firm in Rochester, where she drafted patent application specifications, performed novelty and patent clearance searches, and counseled clients. She also continues to represent modest need causes pro bono through the King Country Bar Association attorney mentoring program with regular appearances in state court. Ms. Wittman is a Seattle native who has traveled abroad extensively.

She is licensed to practice law in Washington State and is registered to practice before the U.S. Patent & Trademark Office.

Scott E. Smith , Esq.

Scott Smith is a registered patent attorney and has been with the Cascadia Intellectual Property ® law firm since 2007. Mr. Smith’s practice includes patents, trademarks, copyrights, licensing, and litigation support. His patent practice encompasses a wide variety of technologies, including data visualization, XML/Xquery database management, digital encoding using glyphs, spatial representation of communication within user interfaces, and automated patient management. Prior to joining the firm, he practiced with an intellectual property firm in California, where he drafted patent applications, performed novelty and patent clearance searches,

researched litigation issues, and counseled clients. He received his Juris Doctorate degree from Loyola Law School Los Angeles in 2005, Master of Research degree in Biomedical Science from the University of Glasgow in 2000, and Bachelor of Science degree in Microbiology and Molecular Genetics from UCLA in 1997. While in law school, he was the Chief Articles Editor for the Entertainment Law Review and Vice President of the Intellectual Property Society. He attained the highest grade in his Trademark Law and Copyright Law courses. He enjoys travel, hiking, and exploring Seattle.

Mr. Smith is licensed in California and Washington State and is registered to practice before the U.S. Patent & Trademark Office.

Firms go for Latest Fads

by Josh Normand

In February’s issue of LTN News, Alan Cohen writes about how the lawyers and law firms want cool applications for their work and how the tablets and fabulous phones have state of the art security and proper technical support. In the olden days, lawyers had their secretaries’ print out their e-mails and the IT Directors would beg to place PC’s on mahogany desktops. Today’s lawyers can’t travel without their Kindle or Android phone in hand. The drawback is how do these devices get supported by their IT departments? Law firms want to integrate and pay for fewer systems, not more, especially in today’s economic climate.

Additionally, consumer devices raise concerns about security and compliance, which are no small matters for law firms where sensitive, confidential information is everything. Firms adopted BlackBerry devices not just because mobile e-mail was handy. They adopted them because the platform was designed specifically for enterprises that needed air-tight security.

The big question is this: How do law firms strike a balance between protecting the business and meeting the relentless demands of lawyers, many of whom own the business? According to Matthew Kenser, Fenwick & West’s Chief Technology Officer (CTO),” we try to be humble enough to realize that workers might actually know better what they need than those of us providing the tools.”

The big change in mobile phone technology is the iPhone. A law firm that balked at the iPhone initially but changed its mind when the iPhone had Good for Enterprise, part of Good Technology, which is a strong security device. CIO Kenneth Heaps said,” We saw that [the iPhone] could be secure. If someone loses a phone today, no one will get that data.”

While most of these devices would be used by attorneys, I would imagine that senior paralegals and support staff may have iPhones purchased for by their firms, as the firms require them to be accessible at any time, particularly at trial time, if s i g n i fi c a n t t r a v e l i s i n v o l v e d .

Edmonds Instructor appointed by President Obama to Indian Law and Order Commission

Paralegal instructor Theresa M. Pouley, and Chief Judge of the Tulalip Tribal Court, has been appointed by President Obama to the Indian Law and Order Commission. Pouley has taught Indian Law at Edmonds Community College.

Theresa M. Pouley, Appointee for Member, Indian Law and Order CommissionTheresa M. Pouley is currently the Chief Judge of the Tulalip Tribal Court. She is also an Associate Justice of the Colville Tribal Court of Appeals, and a member of the Colville Confederated Tribes in Northeast Washington. Judge Pouley has served as the President of the Northwest Tribal Court Judges Association since 2005, and on the Board of Directors for the National Tribal Court Judges Association from 2003 to 2004. From 1999 to 2005, Judge Pouley was the Chief Judge of the Lummi Nation. In 2009, she worked with the Department of Justice as a facilitator for the “Tribal Nations Listening Session”, and in 2010 she facilitated a “Focus Group on Human Trafficking of American Indian and Alaska Native Women and Children” developed by the Office for Victims of Crime. She has also worked and lectured with the Washington State Administrative Office of the Courts on domestic violence and Indian law issues for the last several years. Judge Pouley frequently lectures at local, state and national conferences on Tribal Courts and Indian law issues, and makes regular presentations at the University of Washington’s Indian Law Symposium. In 2005, The National Tribal Child Support Association named her Outstanding Judge. Previously, Judge Pouley practiced law in Michigan and Washington until her appointment to the bench in 1999. She continues to teach Indian law at Edmonds Community College, and previously taught at Northwest Indian College.Judge Pouley holds a B.A. from Gonzaga University and a J.D. from Wayne State University Law School.

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).