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1 Vol. 27, No. 1 SDPA Reporter Spring 2016 Renew Your Membership! PRESIDENT’S MESSAGE NOTICE OF ANNUAL MEETING HOW TO REVIEW MEDICAL RECORDS GOLIATH SLAYERS, SMOKING GUNS & TWISTS OF TRUTH NALA LIAISON PARABLOG COMMITTEE PREFERENCE FORM SEMINAR REGISTRATION www.sdparalegals.com Happy Memorial Day!

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Page 1: PRESIDENT’S MESSAGE - South Dakota Paralegal Associationsdparalegals.com/images/Spring_2016_Newsletter.pdf · 2020-05-18 · a paralegal with your attorney to advocate for your

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Vol. 27, No. 1 SDPA Reporter Spring 2016

Renew YourMembership!

PRESIDENT’S MESSAGENOTICE OF ANNUAL MEETINGHOW TO REVIEW MEDICAL RECORDSGOLIATH SLAYERS, SMOKING GUNS & TWISTSOF TRUTHNALA LIAISONPARABLOGCOMMITTEE PREFERENCE FORMSEMINAR REGISTRATION

www.sdparalegals.com

HappyMemorial

Day!

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[email protected]

[email protected]

[email protected]

[email protected]

[email protected]

[email protected]

The Executive Committee and Education Committee are in the finalstages of planning the annual meeting and seminar to be held Friday,June 24, 2016, at the Best Western Ramkota in Sioux Falls. TheEducation Committee has once again lined up a great set of speakers.I encourage you to attend in person or by webinar.

As is the custom, the Executive Committee will be hosting a social onThursday, June 23, 2016. This event is always a great opportunity tocatch up with members. We will provide more details via email.

The Newsletter contains the Committee Preference Form. Please takesome time to review the form and give some thought to serving on acommittee. It is a great way to become involved, meet moremembers of the organization, and learn more about SDPA.

If you have questions or concerns, please contact me or any memberof the Executive Committee. I hope to see you at the annual meeting.

More details tofollow via

email.

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Congratulations, you now have a stack of medical records to review eight inches high that you eithersubpoenaed, requested, or your client provided! What now? Reviewing and performing a medical recordanalysis can be a big task, and attention to detail is key. The purpose of this article is to help paralegals savethe personal injury attorney and client some time and anxiety, and hopefully, help you to dig out the keyinformation.

When you are confronted with any task, it helps to first have a clear idea of what your objective is and thenwork from the largest part of the task down to the finer parts. Well before you prepare the medical recordsrequest, it is most helpful to first have the client complete a medical questionnaire so that you have a goodidea of what records you will need to request. Work with your attorney and the client to discover the differentissues to look for in the medical records so you know what to ask for from the providers.

Read The Typewritten Records First

1. Once you obtain the medical records your first task is to sort through the records and look at the ER, Historyand Physical, Discharge, Consults and Admissions records.  These are often typewritten.   Ignore all handwrittennotes for now. For example, "Discharge Summaries" and "Consult Reports" are invaluable because they quicklysummarize the case and point out for you where you will need to look next. Be aware that a dischargesummary may simply refer to a patient being discharged from one unit in the hospital, such as the emergencyroom (ER) or intensive care unit (ICU), and transferred to floor care or some other unit within the same hospital,so there may be more than one discharge summary for the same patient.

2. You will now want to see if there are any "objective" findings in the ER records or consult reports. Objectivefindings can mean different things to different medical experts, but basically objective refers to findings whichare not under the voluntary control of the patient. For example, an x-ray of a fracture is an “objective” findingsince it will show an actual picture of the fracture. This is part of the nuance of a medical records analysis.

As an example, less obviously objective is an x-ray of the neck that shows a "loss of cervical lordosis" or a"straightening of the cervical curve." The cervical spinal column in the neck has a natural curve, and a loss ofthis curve may show that the neck was going into muscle spasm and thereby caused the neck to involuntarilystraighten.

"Spasm" is the involuntary tightening of muscles and is frequently associated with strain/sprain type injuriesand pain. Healthcare practitioners, such as chiropractors and physical therapists, are trained to feel musclespasm when they examine a patient. In particular, if you see a notation of asymmetric spasm, this might be amore reliably "objective" finding. For example, try tensing the muscles of just one side of the back of your neck,and you will realize just how hard it would be to fabricate such a finding.

Reprinted with permission from .

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REPRINTED WITH PERMISSION FROM THE PARALEGAL SOCIETY™, A FORUM CREATED TO EDUCATE, MOTIVATE, AND INSPIREPARALEGALS. BE SURE TO CHECK IT OUT!

By: Karen George, FRPWe’re all familiar with ErinBrockovich as the aspiring para-legal and Matt Damon as theyoung lawyer who catch thebig, bad corporation pouringpoison into the lake and groundwater causing the town’s peopleto die from cancers and babiesto be born with defects. Thismakes for good Hollywood pro-ductions and big box office hits.

This is not about Hollywood orbox office hits, this is aboutyou, me and paralegals every-where, helping your attorneyadvocate for your client, Plain-tiff or Defendant.  This is aboutworking as a paralegal, ethics,laws, smoking guns and theoccasional surprise. This isabout keeping an open mindand realizing, things are notalways what they seem, at firstblush.

The vision of Erin is whatspurred you to go to paralegalschool, it is that vision thatspurs you through those longnights and days of studying andpassing tests to gain your de-gree in Paralegal.

The reality of paralegal work is,you sit for hours and days,weeks and months even, going

over documents (paper andelectronic) produced in responseto Requests for Production andsubpoenas. You review andscrutinize interrogatory respons-es that send you on further in-vestigations. You are working asa paralegal with your attorney toadvocate for your client. This iswhat a paralegal does, equallyby plaintiff and defense parale-gals.

However, the day comes whenan innocuous line, a sentence, adiagnosis on a paper stands outat you, you stop, you ponder,you re-read and you check otherdocuments to confirm what you“think” you have discovered ISwhat you think. Slowly realiza-tion hits you – you found thesmoking gun! Your heartpounds, your palms sweat andyou question yourself.  You tim-idly walk into your attorney’soffice to offer up the paper forhis review. Your attorney readsand asks you some questions,you respond and wait… andthen, you see it, the realizationdawns on your attorney’s face.YOU WERE RIGHT! This is it –this is the evidence that is goingto make the case for your client!This piece of evidence, small asit is, a pebble if you will hasturned into the stone in David’ssling to defeat Goliath. And you,

you were the one who stumbledupon it through your sleek, tena-cious, sharp examination of theevidence – as a paralegal!

These dreams often come true,maybe not quite as exciting aswhat I’ve written here, but some-times even more exciting. Some-times it is not quite the smokinggun but instead is the smoke thatthat leads to the smoking gunthat, but for your sleek work,would not have been found. Youare the proud virtuous Plaintiffparalegal! You have vanquishedthe Goliath! You are Erin/Matt Da-mon!

But wait a minute, what if insteadthe story is the other wayaround? What if you are a defenseThrough my deft examination ofevidence produced by plaintiffsthrough discovery, evidence hasrevealed itself that has led me onan investigation that often mea-sures up to Sam Spade and Indi-ana Jones. I have discovered thatalthough the Plaintiff claims tohave never had a back injury, hewas a plaintiff in a prior accidentinvolving just that L3-L4 vertebraeclaimed in my case, that C3-4; theL5-S1 (most common) injury waslong standing from a work injury.

“Goliath Slayers, Smoking Guns& Twists Of Truth”

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No Picture. Angie Richmond is aParalegal with the Sioux FallsCity Attorney’s Office for thePublic Works department. Sheattended the University ofSouth Dakota and received aBachelor of Science inBusiness Administration. Shereceived an Associates inApplied Science for ParalegalStudies from NationalAmerican University inFebruary of 2014. She worksprimarily for Assistant CityAttorney, Diane Best. Angiehas two children and twograndchildren. In her spare

time she enjoys spending timewith her family and friends,reading and volunteering.

My name is Rebekah Koeck. Igraduated from Northern StateUniversity in May of 2013, with

a Bachelor of Arts in Sociologywith an emphasis in CriminalJustice and a minor inPsychology. For the past twoand a half years, I have beenworking for the Anson LawOffice/Hand County State’sAttorney’s Office in Miller. Iam excited to join theParalegal Association of SouthDakota, and I look forward tomeeting other members of theassociation.

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A similar search of the worker compensation recordsreveals at least one, if not more, worker compensa-tion claims. But what about those instances wherethe claim was settled prior to suit?

This is where things can get juicy and require somedeeper digging, subpoenas to health insurance andauto insurance carriers, reviewing backgroundsearches and license histories. However, long ittakes, no matter how many medical records youhave to review and sift through (and there are al-ways many), you can usually find – if not the smok-ing gun – the smoke that will lead to it.

There are people who walk the streets, drive carsand work in the store, the coffee shop or the con-struction worker, who are actually looking for a doc-tor to claim medical practice against, jump in frontof a car in traffic and slam on their brakes or inten-tionally fall off a chair and “get injured” on the job.Viewing video surveillance tapes, I have watchedpeople drop a bottle on the floor and throw (yes“throw”) themselves on the floor claiming premisesliability. I have known of (didn’t work on these cas-es, but read about them in our local newspapers)“rings of accident fakers” who band together ingroups of three and four, or more, to create acci-dents to file lawsuits.

As paralegals, we must always approach a case putbefore us with an open mind, a legal mind, a mindand eye educated and trained in ethics and the law.We must put aside our hearts, our religion and ourpersonal experiences. We must always keep anopen mind because you never know what is going toreveal itself in the next line, the next piece of paperthat can completely change your case, one way oranother.

Sometimes, the victim is not the bandaged, thelimping, but instead, the accused; the defendant isthe victim of the bandaged and limping accuser.

Regardless who you advocate for, keep an openmind, give the case all you’ve got. You owe yourtime, skill, fortitude and attention to your client, aswell as your employing attorney. Whether there issmoke billowing from the doorway of your officeafter the discovery of an incredibly important dis-covery or a smoking gun in your hand at the end ofa days work, what you will know is that you gave itall you had – to the client, the firm and the cause,as you followed the documented trail and reams ofboxes and papers to the place it would lead. Notmuch more you can ask for in a day’s work…or in aparalegal.

Goliath Slayers, Smoking Guns & Twists of Truth, continued from page 5

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Congratulations to Courtney Vanden Berg for passing her certification test!

If you haven’t done so, check out NALA’s new website at ! It has a freshnew look. If you are a member of NALA, your login information has not changed.

Additionally, there is a new and improved webinar platform with lower pricing!Webinars are a fast, convenient, and now more affordable way to get the educationthat you need.

• Webinars that are 1.5 hours are $39 for members and $59 for non-members.

• Webinars that are 2.0 hours are $49 for members and $69 for non-members.

• Topics for May include ethics and crowd funding.

If you are not a certified paralegal/legal assistant and desire to become one, the nextcertification test examination window is May 2016. The application deadlines havepassed; however, you may take it during the next examination time period. The next

examination window is September, the application deadline is on or before August 1st,

and the late application along with a $25 late fee is due before August 10th. If you wishto take the CP/CLA exam, you may obtain the online registration form at .Additionally, the Sioux Falls area has a study group for the certification test. Pleasecontact Cindy Schmidt for more information.

If you are not a member of NALA and desire to become a member, check outx for an application and list of qualifications needed in order to

join.

This year, NALA’s 41st Annual Convention is July 13th through 15th, at the Paris Hotel inLas Vegas, Nevada. More details about the education tracks will follow, but if youalready know that you are planning on attending, you can get information about

Paris Las VegasHotel & Casino

reserving a room at .It’s not too late to plan to attend!

I want to thank you for allowing me to serve as your NALALiaison this past year. It has flown by and is an honor torepresent the South Dakota Paralegal Association, even thoughit was a bumpy start, complete with a bomb threat. I haveenjoyed working with the Executive Committee and NALA. Safetravels to our SDPA incoming NALA Liaison, Vicki Blake, andPresident, Janet Miller, as they travel to Las Vegas for the NALAAnnual Convention.

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MEDICAL RECORDS

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Ah, medical records. Like beets or Brussel sprouts, you either love ‘em or hate ‘em. I am one of those strangesouls who happens to love ‘em. (But then I love beets and Brussel sprouts too!) But before you can love ‘em, you needto have a specific plan for dealing with them. Here is my “plan.”

First of all, at your initial intake with the client, have them give you a list of their medical care providers prior tothe accident and after the accident. Find out when they had surgeries, when they were diagnosed with diseases, whenthey broke bones, etc. Then fill out your worksheet to request the medical records. My worksheet looks like this:

I usually request records from ten years prior to the accident. For most providers, you just need to request billsfrom the date of the accident to the present. Ambulance bills and records are different, and you are usually safeordering them from the date of the accident (unless you have an accident-prone client!).

I usually handwrite the provider’s name and address in blue or black ink, and I will write the beginning date ofthe records or bills requested in the appropriate boxes, as shown in the example above. (To clarify, “→” means “to thepresent.”) When the bills and records are received, in red ink I write “Rcd” in the proper box over the dates, so that Ican tell from a glance at my worksheet what I am still waiting for.

Then comes the fun part—organizing the records and bills in a medical binder. For each set of records, I like tomake up a cover sheet with the name and address of the provider and the phone number in a large font, centered on thepage. That also comes in very handy sometimes when you need a phone number in a hurry. Then I make sure therecords are in chronological order. Medical records aren’t filed like correspondence in a legal file. They are just theopposite. The way I remember this is to think about reading medical records like you read a novel. The most recentrecord is at the back. Then you will need to sort them into records prior to the date of the accident versus records afterthe date of the accident.

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Chair: Paula Newman

Nothing to report at this time.

Chair: Cindy Schmit, ACPMember: Jessica Huyck, ACPMember: Valerie Winegar, CPMember: Chris Lillo ACPMember: Dixie Bader, CLAMember: Vicki Blake, ACP

The Education Committee isfinalizing plans for the June 24,2016, seminar to be held at theRamkota Hotel in Sioux Falls. Ourtopics include foreclosures andmortgages, family law, childsupport, gestational surrogacy, andethics. We have been approved for5.75 hours of CLE credit.Suggestions for topics and speakersare always welcome.

If you are interested in serving onthe education committee, pleasecomplete the Committee PreferenceForm included in the newsletter. Wehope you can join us on June 24th!

Chair: Janet MillerMember: Sue Jensen, ACPMember: Vicki Blake, ACP

Nothing to report at this time.

Chair: Clara Kiley, CP

Since the last SDPA newsletter, 3additional seminar DVDs have been

checked out.  The library has theDVD available for the both the Juneand October 2015 Seminars.  TheSDPA library also has DVDsavailable of SDPA seminars fromprevious years.  A CP exam studygroup has checked out the NALA CPReview Manual and Study Guidegeared toward the new exam, butwith the exam coming up in a fewweeks, I am hopeful those materialswill be returned soon so they areavailable for other members.  Acomplete list of seminar DVDs andother materials maintained in theSDPA library for the benefit of itsmembers is available on the SDPAwebsite.  Members are asked toreturn materials they have checkedout within 3 months so the materialsare available to other SDPAmembers. Anyone interested inchecking out seminar DVDs or studymaterials should contact the SDPALibrarian, Clara Kiley, CP, of BelleFourche by emailat [email protected].

Chair: Christi Weideman, ACPMember: Robin Peterson, CLA

I am pleased to report that we have103 SDPA Members.

Since my last report, we have addedfour new members: Edie Jenniges,Angie Richmond, Kimberly Trende-Johnson and Rebekah Koeck.Please see their individualbiographies in this newsletter.

We also welcome back formermembers Courtney Vanden Bergand Deb Mathews.

This year membership renewalswere slow to trickle in and had quitea large number renewing after theMarch 1, 2016 deadline. Please takea moment now mark your calendarto renew your memberships onJanuary 1, 2017.

I am looking forwarding to seeingyou all at the State Bar Conventionfor our next meeting in Sioux Falls,June 24, 2016.

Please remember to update anychange in your address,employment, phone, and/or emailaddress so that we may provide youwith timely notices of our newsletter,emails for area luncheons, seminarsand SDPA news. If you have anychanges, please email me [email protected] or call meat 225.6310.

Co-Chair: Karen Armstrong, PP, PLS

Co-Chair: Jen Frederick, CPMember: Janet MillerProofreader: Melissa Wipf, ACP

The Newsletter Committee publishesan online quarterly newsletter calledthe Member inputis strongly encouraged. For the pastseveral years, we have tried to focuseach newsletter around a particulartopic or theme. If you have writtenan article, either recently or foranother publication, or if you havean idea for a future topic for ournewsletter, we would love to hearfrom you.

The new desktop publishingsoftware and the new laptop are very

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helpful in putting together thenewsletters. We have receivedfavorable comments from a numberof you regarding the new graphicsand design.

We are looking to add to ourcommittee. We would like to havenew sections in the newsletter onspecific topics that new committeemembers would be responsible forin each newsletter, such as asection for updates to statutes, caselaw, or administrative changes; asection for fun information likerecipes, gardening tips, and socialevents; and a section for tips ongrammar, legal writing, or research.These would be sections we wouldhave in each issue, and one personwould be in charge of one section.If anyone is interested, wants moreinformation, or has ideas for asection that could be included,please let us know.

Thank you to my co-chair, JenFrederick, CP, and to ourproofreaders, Melissa Wipf, ACP,and Janet Miller, for their hard workon each newsletter.

Chair: Chris Lillo, ACPMember: Rebekah Nelson

The Nominations & ElectionsCommittee is gearing up to selecta slate of officers for election atthe semi-annual meeting in

October. We will be looking to fillthe following positions:

2nd Vice PresidentTreasurerNALA Liaison

If you have an interest or wouldlike to nominate a member foroffice, please contact Chris Lillo [email protected].

Chair: Chris Lillo, ACPChair: Cindy Schmit, ACPMember: Tammy Ackerman,

CP

The CP Study group led by CindySchmit was a huge success. Goodluck to all of the participants, whoare sitting for the exam in May.Cindy was also instrumental ingetting NAU qualified as a testingcenter in Sioux Falls. Way to go,Cindy!!

For our members who are certifiedand desire to seek AdvancedParalegal Certification as part oftheir professional development, wehave two APC CourseReimbursements available duringthe 2016 calendar year and will havea drawing at the annual meetingand again at the semi-annualmeeting. The APC CourseReimbursement application isavailable on our website atwww.sdparalegals.com. To date, wehave received no applications.Certified Paralegals who are

awarded the ACP credential receive2.0 hours of CLE credit from NALA.

Finally, congratulations to CourtneyVandenberg. Courtney was awardedthe CP credential and is therecipient of the $250 CP examreimbursement for 2016. If youknow of any paralegal students whowould benefit from a $500scholarship, please direct them tothe application on our website or toa member of the ProfessionalDevelopment Committee.

As always, if you have anysuggestions or comments, pleasecontact us.

Rebekah Nelson

Nothing to report at this time.

Chair : Jessica Huyck, ACPMember: Tammy Ackerman,

CPMember: Jaela Schultz, CP

The Website Committee hascontinued updating the website withcurrent information, job openings,forms, and events. If you think ofanything that you would like addedto or updated on the website, pleaselet us know. Also, we wanted toremind everyone to please take thetime to stop by the website and seethe new design updates if you stillhave not done so!

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Becky Purington, [email protected]

Phone: 605-342-1078

The Black Hills area paralegals meet at noonon the second Wednesday of each month. Times andlocations are announced monthly via e-mail.

Jessica Huyck, [email protected]

Phone: 605-688-5248

For more information on the Brookings area luncheontimes and dates, please contact Jessica.

Abby [email protected]

Phone: 515-664-6264

The Pierre area paralegals plan the upcomingmeetings at each luncheon.

Karen Armstrong, PP, [email protected]

Phone: 605-886-0010

The Watertown area paralegals meet every othermonth, on the last Thursday.

Vicki Blake, [email protected]

Phone: 605-361-9840

The Sioux Falls area paralegals meet at noon on thesecond Thursday of each month. Times andlocations are announced via e-mail and on the SDPAFacebook Fan Page. If anyone has ideas forspeakers or someone/something they would liketo hear about, please contact Vicki Blake.

Attending a luncheon with your local legalcommunity is a great way to network and, whereavailable, obtain CLE credits.

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Continued on page 13

Helsper, McCarty & Rasmussen, P.C. is seeking a full-time Legal Assistant for duties to include: documentpreparation and management, correspondence,calendars, filing, and other related clerical duties.  Theposition requires excellent communication andorganizational skills as well as attention todetail.  Applicants should be proficient in MS Officeapplications and dictation transcription.

2-year associate's degree and/or priorlegal assistant background preferred, but not required.

Helsper, McCarty & Rasmussen is one of the city's oldestand largest law firms.  The law firm has just establisheda new larger office space on the second floor of DacotahBank in Brookings. Our main areas of practice areBusiness and Corporate Law; Civil Litigation; EstatePlanning; Probate and Trust Administration; Real Estate;Family Law/Divorce; and Criminal Law.

:  Please send a cover letter and resume to:Helsper, McCarty & Rasmussen, P.C.1441 Sixth Street, Suite #200Brookings, SD 57006

Bangs McCullen Law Firm is accepting applications for aparalegal/legal secretary position for our Sioux Fallsoffice.  Typical hours are 8-5, M-F.  Applicant must be adetail-oriented person, who has a positive attitude, andpossesses excellent clerical and communication skills.Wage DOE -- Excellent benefit package.  Please e-mailresumes in Word formatto: [email protected] .

Davenport Evans is seeking a full-time Paralegal forlitigation duties to include file and documentpreparation/management functions, research,correspondence, scheduling, and other related duties.The position requires excellent communication andorganizational skills and attention to detail. Applicantsshould be proficient in Microsoft Office applications.

Bachelor’s degree preferred; two-year

Associate’s degree and/or prior legal assistantexperience required.

Davenport Evans Law Firm in Sioux Falls, SD is one ofthe region’s oldest, largest, and most highly respectedlaw firms. The firm has a thriving business practice anda well-earned reputation in litigation. Davenport Evans’estate planning, probate, and trust administrationattorneys are also considered among the mostprestigious and trusted teams in the region.

At Davenport Evans, the majority of our employees havecelebrated 5, 15, or even 25-year anniversaries with ourfirm. Offering employer-paid health, life, long-termdisability, long-term care insurance, paid vacation andsick leave, 401(k) retirement plan, and a quality workenvironment, Davenport Evans is a great place tocontinue your career.

  Please send your resume and cover letter toHuman Resources via [email protected] or mail toDavenport Evans Law Firm, 206 W. 14th St., Sioux Falls,SD 57104.

Davenport Evans is seeking a full-time Legal Assistantfor duties to include file and documentpreparation/management, correspondence, calendars,and other related duties. The position requires excellentcommunication and organizational skills and attention todetail. Applicants should be proficient in Microsoft Officeapplications and be able to transcribe dictation.

  Bachelor’s degree preferred; two-yearAssociate’s degree and/or prior legal assistantexperience required.

Davenport Evans Law Firm in Sioux Falls, SD is one ofthe region’s oldest, largest, and most highly respectedlaw firms. The firm has a thriving business practice anda well-earned reputation in litigation. Davenport Evans’estate planning, probate, and trust administrationattorneys are also considered among the mostprestigious and trusted teams in the region.

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At Davenport Evans, the majority of our employees havecelebrated 5, 15, or even 25-year anniversaries with ourfirm. Offering employer-paid health, life, long-termdisability, long-term care insurance, paid vacation andsick leave, 401(k) retirement plan, and a quality workenvironment, Davenport Evans is a great place tocontinue your career.

  Please send your resume and cover letter toHuman Resources via: [email protected] or mail toDavenport Evans Law Firm, 206 W. 14th St., Sioux Falls,SD 57104.

Thompson Law, P.C., has an opening for a FundingAssistant.

The Funding Assistant serves a vital role inhelping clients transfer title of their assets into theirestate plans. Without this essential step, the carefullydesigned estate plan may fail to provide the promisedbenefits. The Funding Assistant is responsible forpreparing deeds, letters of instruction to financialinstitutions for clients, and creating spreadsheets andproperty reports used internally. Additional dutiesinclude corresponding with clients on outstandinginformation as well as sending emails and makingtelephone calls to various outside agencies regardingreal property or other financial assets.

This person must be personable, energetic,professional as well as intelligent, detail and team-oriented. Applicant must be proficient with Word, Excel,and Outlook as well as be able to type 55+ wpm. Alsorequired are strong organizational and time-management skills, along with the ability to workindependently in a fast-paced environment under thepressure of multiple deadlines. Dedication to accuracy,on-time performance and a strong customer servicebackground in a brokerage, financial planning, or titlecompany are ideal. Familiarity with investment assetsand real property is a plus. A Paralegal degree ispreferred, but not required.

Thisposition is full time. The compensation is dependent onexperience. As a small company, we offer sometraditional (retirement plan, paid time off, long-termdisability coverage) and non-traditional (cell phone

reimbursement, personal development accounts,charitable contribution matches) benefits.Please send a cover letter and resume [email protected].

Lindquist & Vennum LLP is seeking a full-time LegalAdministrative Assistant (LAA) to providecomprehensive paralegal and administrative support forattorneys in its Downtown Sioux Falls office.

Primary duties and responsibilities will include and notbe limited to the following:• Create and format documents, including from hardcopy and dictation; proofread copy for spelling,grammar, and content; make appropriate changes.• Prepare initial drafts of legal documents.• Work with attorneys in the preparation and filing ofcourt documents.• Provide daily administrative support includinganswering telephones, photocopying, routing mail,faxing, and filing.• Create, manage, and maintain highly organizedelectronic and hard copy client files.• Manage calendars, contact lists, and appointments byprioritizing and coordinating meetings, telephoneconferences, and court hearings.• Open and close new matters including securingnecessary information to run conflicts checks.• Review, process, and finalize attorneys’ bills.• Handle all other administrative duties as assigned.Requirements:• Bachelor’s degree, paralegal certificate or 5 years’recent Paralegal or LAA experience.• Corporate law experience preferred and highlyrecommended.• Estate Planning, Business Succession Planning –Ability to draft estate planning documents, working withestate planning drafting programs and the knowledgebehind the documents created is also preferred.• Excellent organizational and communication skillswith close attention to detail.• Ability to utilize advanced features of Microsoft Office2010 Suite (Word, Excel, Outlook).• Strong technical skills, and ability to use internet-based systems.• Ability to work as part of a team.• Familiarity with state and local procedures.• Must exhibit initiative to learn new skills and inmanaging multiple priorities in a fast-paced, deadline-

Continued on page 14

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driven, team environment, utilizing excellent judgmentand decision-making skills.• Must be proficient in English.

Lindquist offers a competitive salary and benefitspackage. Interested applicants should submit a resume,cover letter and salary requirements to:[email protected]. No agency emails orphone calls please. An AA/EEO Employer.

Pearce Durick, PLLC is a well-known and respected lawfirm located in Bismarck, North Dakota.  We are seekinga paralegal to join our firm in a full-time role.

Primary responsibilities include: assisting attorneys incase management throughout all stages, includingdocument preparation; monitoring numerous court/casefiles and respond to deadlines; and develop and maintainworking relationship with clients.  Candidate mustpossess excellent attention to detail, research skills, theability to work under pressure and have excellentcommunication and organizational skills.  Candidatemust be proficient user of MS Windows, Word, Outlook,Excel, including various databases and Internet.

Salary negotiable, depending on experience.  The firmoffers health benefits and a 401k program.  To apply,please mail resume, references and cover letter to:Pearce Durick, PLLC, Attn: Human Resources, PO Box400, Bismarck, North Dakota 58501.  No emails or phonecalls please.

Estate Planning Solutions Law Firm, Prof. LLC in SiouxFalls is looking for a paralegal to join their team.

At Estate Planning Solutions Law Firm,Prof. LLC, our legal team has substantial experienceplanning for families, businesses, farms, and high networth estates.    Our legal team regularly develops andimplements customized estate plans for clients and theirfamilies with the goal of facilitating the wealth transferprocess while maintaining family harmony andminimizing the family’s overall tax burden.  We are knownfor our expert legal advice and the responsive,empathetic, and non-intimidating service we provide toour clients.  We understand that we can’t give our clientsthe best service without first investing in our employees.At Estate Planning Solutions Law Firm, you’ll findinspirational leadership, thorough on-the-job training,flexible work schedule options, competitive pay, and a

continued from page 13 collaborative and friendly culture.  We can’t wait tomeet you!

Work with attorneys to gather information and prepareestate plans and other legal documents, including, butnot limited to, trusts, wills, durable powers of attorney,health care directives, and amendments.

Assist with funding trusts and other entities, includingpreparation of deeds and assignments.

Guide clients through legal documents and manageclient signing processes.

Facilitate Trust Administration process by preparinginventories of clients’ estates; arranging for beneficiarychanges or changes of ownership of assets; preparingaccountings to beneficiaries; and assisting withpreparation of estate tax returns.

This position will be cross-trained on our Receptionistposition and will act as the backup as needed.  Dutiesinclude answering phones, scheduling clients, orderingoffice supplies, managing the reception area, andgeneral administrative duties.

Our ideal candidate will have 2+ yearsof experience in a law office, and have or be workingtoward their paralegal degree.  Must be a highly-motivated individual with a positive attitude whopossesses strong organization, communication, andproblem-solving skills.   Must have a high attention todetail, efficient work habits, and a willingness to learn.Must be confident and comfortable dealing withclients, and possess strong communication skills.

: Please e-mail your resume [email protected] or send to Estate PlanningSolutions Law Firm, PLLC; Attn: HR, 4300 S. LouiseAve., Suite 107, Sioux Falls, SD 57106.

Goodsell Quinn law firm has an opening for a full-timeposition in a busy civil litigation practice.  Primarilyplaintiffs’ work.  Client communication, casemanagement, organizing medical records, pleadings,discovery, subrogation, electronic filing, preparation fortrial.  Trial Director a plus.  Excellent computer, clerical,and multi-tasking skills.  Applicant must be a detail-oriented person who presents a professionalappearance, with a positive attitude.  Wage DOE.Please send confidential inquires, including resumeand cover letter to Sherry Dwyer, Goodsell Quinn, LLP,PO Box 9249, Rapid City, SD 57709 or [email protected]

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continued from page 14.

Our client, Pioneer Bank & Trust located in BelleFourche, South Dakota, is seeking a highly-motivatedindividual to join its trust team in the position of TrustOfficer. The successful applicant will be responsible forperforming and overseeing all details of trust accountmanagement and administration. Duties include butare not limited to: soliciting new trust and estatebusiness, interpreting will and trust agreements,resolving client issues, and working collaboratively withclients and clients’ agents.

Qualifications include a bachelor’s degree in business,finance, legal, or other related field with 3 plus years ofequivalent work experience. The individual mustdemonstrate excellent customer service andcommunication skills along with the ability to relaycomplex information. A sales-minded mentality with ateam-oriented attitude are essential to this position.Legal background or trust administration experience is aplus.

Pioneer Bank & Trust is a locally owned, totallyindependent community bank that has been serving thebanking needs of Western, South Dakota, since 1913and offers a comprehensive compensation and benefitspackage. Pioneer Bank & Trust is proud to be anaffirmative action/equal opportunity employer. EOE AAM/F/Vet/Disability.To apply please visit:

www.eidebailly.com/careers/positions-with-clients.

Successful law firm has an immediate opening for aprofessional and efficient Assistant.  This position willwork closely with 2-3 attorneys.  This is an excellentopportunity to join a well-established, stable law firmwithin a congenial, professional environment. The idealcandidate will have 2-4+ years previous legalexperience, preferably in the area of litigation.  Must bedetail oriented, highly skilled, and results driven.

As an Assistant, you will be responsible for general legalsupport functions, including drafting correspondenceand pleadings, communicating with clients, opposingcounsel, court personnel, etc., answering calls andresponding to emails, maintaining files and calendars,scheduling appointments and meetings, managingdeadlines, preparing various documents, etc. Must be ateam player, show initiative, possess exceptional verbaland written communication skills, and be able to

interact professionally with all levels of the firm andoutside clients.

Competitive salary, benefits, and paid time off packageoffered. This is a full time, direct hire, permanentposition. For immediate CONFIDENTIAL considerationfor this opportunity, qualified candidates should forwardtheir resume to Heather Lammers Bogard at PO Box290, Rapid City SD 57709 [email protected].

Abourezk Law Firm has an immediate opening for a full-time paralegal position in our plaintiffs’ civil litigationpractice. The applicant will work with 2-3 lawyers. Thejob involves client communication, case management,typing, organizational skills for pleadings, discovery andmedical records.  Knowledge of electronic filing,Summation, and Trial Director a plus.  The idealcandidate will have at least 2-4 years of paralegalexperience.  Competitive salary, benefits, and paid timeoff package.  Please send confidential inquires,including resume and cover letter to Alicia Garcia,Abourezk Law Firm, P.O. Box 9460, Rapid City, SD 57709or email [email protected].

Black Hills IP, LLC, is an intellectual property supportservices company which is growing and are seeking SIX(6) flexible, organized, detail-oriented individuals to helpcoordinate communications between attorneys,customers, and the US Patent Office.  Applicants musthave HSD or GED and four years’ clerical experience orParalegal certification or Associate’s degree in LegalSecretarial preferred. For applications and information,contact: [email protected].  EOE.

_____________________________________

Laura M. Stewart, ParalegalSDPA, Job Bank ChairFULLER & WILLIAMSON, LLP7521 S. Louise AvenueSioux Falls, SD 57108Ph: 605-333-0003Fx: 605-333-0007Email: [email protected]

Kayne Larimer, ACPSDPA, Job Bank MemberEmail: [email protected]

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, continued from page 4.

3. You should now look through the records forwhatever radiology reports are available. Fortunately,these are almost always typewritten and easy to read.Look for key words such as "acute" which indicatethat the injury happened during the car crash. Whenlooking at a spinal CT or MRI scan report, look forterms that indicate that the nerves are pinched, suchas with an "impingement," or that something isrubbing up against the nerves as when something is"effaced." Disc bulges or protrusions are obvious, butalso look for less obvious things, such as an "annularfissure" or a "torn annulus." A simple annular tear maynot seem like much, but this tear in the spinal disccan be quite painful and very difficult to treat. Afinding of an annular tear is something to bring upwith your neurology expert for a further opinion.

4. Much less reliable will be the intake notes as tohow the incident happened. For a vehicle collision,the doctor will want to know the patients initialsymptoms during the crash, but will not beconcerned with who was at fault. It is still worthwhileto look for in the intake records, particularly if there isno police report, to at least get the plaintiff'srecollection of events close to the time of theincident. However, be forewarned that the caregiverswho do follow-up care will frequently just quote theintake notes, along with any inaccuracies, whenbeginning their own chart notes.

5. Look for conditions that may require follow-up care.For example, "ORIF" is simply jargon for "openreduction internal fixation" surgery to repair a brokenbone using surgical screws. So in that instance, youwould continue to search the typewritten records tosee if there is anything about how long the cast (ifany) was in place; if a course of physical therapy wasstarted after the cast was removed; and if there wereany adverse reactions to the surgical screws. It wouldnot be too unusual to have to remove some of thesurgical hardware if it was causing inflammation orsome other sort of problem. There should be someindication of such inflammation in the follow-upreports if it existed.

6. Ordinarily, you can just ignore the reams oflaboratory data that will inevitably accompany apatient's records. However, if for some reason aparticular lab value, such as blood sugar (glucose), isimportant to the case, there will usually be aguideline as to what "normal" values should be. Findthese normal values at the top or bottom of the page,

or sometimes on a separate page, and then just goback and look at what the actual measured valueswere.

Be aware, however, that the lab values found in anautopsy report are not exactly like the medical recordof a living person. Alcohol, for example, ferments inthe body after death. So a blood alcohol level takenon autopsy after death does not necessarilycorrespond with the blood alcohol as it existed at thetime of death. You will almost certainly need toconsult a pathologist for an expert opinion on thepost mortem toxicology.

Medications

If you run into an unfamiliar medication or medicalcondition while reviewing the records, do not beafraid to "Google" it. We have available to uswonderful and instant access to a whole range ofmedical knowledge, if we simply take a few minutesto research it on the internet. Looking up a condition,such as "carpal tunnel" may not make you an instantexpert, but you will at least know whether or not it canbe caused by trauma.

Common Abbreviations Found in a MedicalRecord Review

While reading the typewritten or even handwrittennotes, look for abbreviations which may easilyindicate what is being referred to. For example, "C/O"in the "History and Physical" notes is shorthand for"complaining of." What follows will immediatelysummarize the patient's complaints as they existed atthat time. Similarly, a number "2" with what looks likea degree symbol after it stands for "secondary to." Inother words, for example, neck pain "secondary to" acar accident simply means that the onset of neckpain happened after a car accident.

Other abbreviations refer to frequency, such as whenan ordered medicine is to be given. QID means fourtimes a day; TID means three times a day; BIDmeans twice daily, and PRN means that themedication, such as pain medicine, is to be taken asoften as needed for pain control. "PO" means that themedication is to be given orally. A small "c" with a lineover it means "with" and a small "s" with a line over itmeans "without." Remember that medical recordsuse scientific terminology, so a small triangle means"change," and not "defendant," as it would in law.

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Move On To The Handwritten Notes

At some point you are probably going to need todeal with the handwritten notes. When a medicalrecords request is made, they will contain nursesnotes, which are often handwritten. For example,there may be no typewritten discharge summaries orintake reports, and you are simply going to have togo through the records looking for documentsentitled as such. Some practitioners, such aschiropractors, frequently have handwritten notes only,so you will have to try to wade through the usuallyunintelligible handwriting.  Fortunately, even herethere should be a couple of helpful areas in the filefor you to focus on.

1. The first is the "pain diagram," which is aschematic outline of a body with coded areas ofpain. This is usually filled out by the patient, and is aninvaluable record, in the patient's own "words," ofwhat the patient was complaining of at the time.

2. The other helpful handwritten records will belabeled "SOAP" notes. This is just a standardized"Subjective-Objective-Assessment-Plan" format. Thedoctor may not stick strictly to the format, but youshould be able to at least make out what thepatient's subjective complaints were when first seen;what objective findings were found; and what thediagnosis (assessment) was. The other place toquickly find the typed diagnosis from a chiropractoris on the billing pages.

Follow Up and Final Review

By now you should have a good idea of what is inthe medical records and performed the medicalrecord summary so there may not be any need todig further into the handwritten notes.

Now is a good time to consider if you want to hire amedical legal expert, such as a neurologist ororthopedic surgeon, or you may find that you need tosubpoena or do a request for medical records first. Afinal and more detailed review should then be done.

1. For example, go back now and pay particularattention to the "patient history" section of the ER andconsultation reports. If there is any indication of pre-existing chronic pain or a previous accident, forexample, there may be more records from other careproviders that you will need to subpoena before youcan contact your expert or complete the Judicial

Counsel Form Interrogatory responses. Also, be sureto pay attention to the "current medications" sectionof the ER or "History and Physical" records. If thepatient was already on narcotic pain medication, forexample, there may be a pre-existing problem whichyou are not aware of.

In the example of carpal tunnel above, you wouldhave found from your "Google" search that this is asyndrome that frequently comes on slowly over timefrom repetitive use of the wrist, such as when typing,rather than from a traumatic event. So you wouldnow need to search the records for complaints of"parasthesias" (unusual sensation such asnumbness) in the hands before the incident. Youmight need to subpoena previous records to find outif the carpal tunnel was caused by work and not bythe incident.

2. Before you answer the Form Interrogatories or hirean expert, there is one last source of relatively cheapinformation that you should not ignore. Contact thetreating doctor. For example, if you have a plaintiffwho had a torn ACL in the knee repaired after acollision; contact the surgeon to confirm the surgeonagrees that the car accident was the cause of theinjury and created the need for surgery. You canalmost always set up a short free telephoneconference or perhaps one costing only a couple ofhundred dollars. This can do a lot to flesh out yourmedical records review and summary.

3. Although not strictly related to the records, youshould make every attempt to attend the defensemedical examination. At the defense medicalexamination you can personally observe what testswere actually performed by the doctor and, moreimportantly, see for yourself how the plaintiff reacts.Check the narrative report for the results oforthopedic tests that the defense doctor claims wereperformed.

I hope this overview helps the next time you arereviewing a stack of apparently disorganized andillegible medical records. Always remember thatwhatever you find in the medical records yourself isonly part of the picture. Ultimately you are going toneed a medical expert who knows the records andcan testify to an opinion on the cause of each injury,the nature and extent of each injury, and thereasonably necessary past and future medicalcharges associated with the injuries. However, a welldone medical records review can go a long way forgetting to the facts of the personal injury case.

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I keep the prior medical records in a separate tab in my medical binder. In addition to the cover sheet, I makeup a tab for each provider, i.e., “Black and Blue Clinic.” I also keep the records in alphabetical order in the medicalrecords section of my medical binder.

I prepare a medical chronology that looks something like this:

Of course, this chronology is ridiculousness, but you get the idea. If there is anything in the prior records thatcould be considered to be a pre-existing injury and/or used against your client, I change my font to red—I think of it asa red light warning to let your attorney know that your client has had the same type of injury before the accident andthe issue could come up in the case as to whether the injury was pre-existing. I also like to put in red when the client isdoing something that is contrary to what he or she should be doing: “Pt. admits not following his home exercise plan(HEP).” I also like to highlight the line showing the date of accident in bright yellow, so that it is highly visible. Whenlisting the providers, first list the name of the hospital or clinic, and then add the individual doctor’s or doctors’ namesunder the name of the facility.

I also like to have my medical records Bates stamped in chronological order (i.e., OCC 001-025; B&B Clinic001-050; Speedy Amb 001-015, etc.) Then in the chronology, I will put the page number in parenthesis where thatinformation is found behind each description so that your attorney can easily find that page.

If you Bates stamp your medical records in this fashion with the prefix specific to each provider, then if you getupdated records from that provider, you can continue with the next Bates stamp number. For example, say you getrecords from Orange City Clinic from 1/1/14 to 1/1/15 and Bates stamp them as OCC 001-025. Then if you obtainupdated records from Orange City Clinic for treatment after 1/2/15, you would start numbering those records at OCC026.

If the client gives you information that they were diagnosed with a certain disease or had a surgery in such andsuch a year, or even if they don’t remember the year, put that entry in your chronology. I put three question marks inthe date or provider column if I don’t have all of the information. Sometimes you can find information as you receiverecords from other providers and you will be able to fill in the blanks, and request those records from that provider.Keep your Medical Records and Bills Request Worksheet handy so you can write down any new providers you comeacross as you do your chronology.

Most medical providers are generating electronic records these days, but some providers (especiallychiropractors) are still handwriting their medical records. They are in a hurry and the records are notoriously hard toread. There are a lot of good websites out there to figure out what medical abbreviations and acronyms mean, but I

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swear some health care providers make up their own abbreviations! However, don’t hesitate to call the doctor’s office ifyou are really stumped on what an abbreviation means.

As far as how much information to put in your chronology, remember—this is just a summary. For example, ifthe client has a surgery, you can put an entry that lists the date, the provider, and then in the description you can justput the name of the surgery, and “(See operative report at PLH 030-033 for details).”

There is a separate article in this newsletter explaining the different types of records found in hospital medicalrecords, and explaining the SOAP format used by a lot of health care providers in their records. I purposely did notinclude that information here in this blog as you can read it in the other article.

I know some firms do their medical chronologies in a different way, and list each of the providers in a separatechronology. However, I think it is much more helpful to have all of the medical treatment together in one document, soyou can see the big picture.

Medical terminology is always fun. I used to do a glossary to define medical terms that may be unfamiliar toyour attorney, but recently, I have started to define the word or term right in the chronology. (I like to think that iseasier for your attorney than having to flip to another document to look up a definition of an unfamiliar medical term.)I put the definition in brackets right behind the word, in a smaller, different font like the example below, so it stands outand you can easily tell that it’s not part of the chronology:

Assessment: Bipolar I Mood Disorder, in an euthymic [normal non-depressed, reasonably positive mood]state.

Thank goodness for the Internet! What did we do in the olden days? I remember trying to find definitions ofmedical terms in Stedman’s Medical Dictionary and being thoroughly frustrated many times! Now with the click of themouse, I can find all kinds of helpful things on the Internet.

I also like to do a chart of the medications the client has taken, and the purpose (and side effects, if that is anissue in your case) for each medication: Here are the columns I usually use in my chart:

I used to put the brand names in one column, and the generic name in another column, but I think it is easier forthe attorney to find if you put the drug name found in the records in the first column. And of course, the first column isalphabetized! The Internet is also extremely helpful in doing this chart. There are many good websites out there whereyou can find this information. Just Google the name of the prescription.

Also, if there is something that is a big deal in your case—like a muscle that no one has ever heard of before, or atype of a broken bone that you’re not sure what it means, guess what? Your attorney has probably never heard of iteither! After all, a picture is worth a thousand words, right? So do a little research on the Internet and print upsomething to visually aid your attorney. Find an image on Google that isn’t copyrighted and print that for him or her.They will thank you for it. Most of the time, I will look for Google images of whatever it is I am looking for, andnumerous choices are usually available.

After I get all of the records in chronological order, in alphabetical order, from both before the accident and afterthe accident to the present, and get my chronology done, then I start on a summary of medical bills. I like to do thesesummaries in an Excel spreadsheet so that I know the math is right. Again, I like to list the providers in alphabeticalorder, like this:

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Have the clients send you the bills from the health care providers and the Explanation of Benefits (EOB)forms they receive from their health insurance company. There are often bills on the EOBs that you won’t knowabout otherwise—such as anesthesiology and radiology bills. You might also consider asking your client to get aprintout from their pharmacy of their prescription costs. Your client will be able to get it free, and the pharmacymight charge you $10 to $30 or more to print it out if your law firm name is on the request.

After you get your summary of medical bills done, be sure to compare it to your chronology. If your client’sinjury was a broken leg and he goes to the doctor for a totally unrelated sinus infection, you don’t want to includethat charge on your summary of medical bills!

On a similar note, if you receive bills that include dates of service for which you don’t have records, thatwill be your clue to request additional records from that provider. Medical records librarians are human too, andthey may make mistakes in what gets sent to you. Sometimes you have to put on your detective hat to seek out allof the medical records that are out there on your clients.

Other times your clients forget to tell you about providers they have seen (or else they intentionally neglectto tell you, hoping you don’t find out about that provider). More than once, I have learned about other providersthe client has seen from the medical records of a totally different provider. Be sure to request those records whenyou find out about them. You don’t want any surprises when it comes time to do a demand letter or take yourclient’s deposition.

I also copy my summary of medical bills and then turn it into a spreadsheet of medical bills payments tosee who has paid what. My columns are provider, date of service, total bill, a column for each insurance company,a column for the discount, and the last column is for the balance or what the client has to pay. I do this for severalreasons, but the main reason is that I want to make sure that my calculations add up to what the insurancecompany says they have paid. If you have to repay a subrogation claim out of the proceeds of any settlement, youwant to make sure they don’t have unrelated claims on there and you end up paying them more than necessary.

To me, this whole process is like a big jigsaw puzzle. Each record, bill, and EOB is a little piece of thepuzzle. If everything doesn’t fit together just right, you’re missing something. Keep digging until everything fitstogether perfectly.

I realize I have a biased plaintiff’s view of this. I would love to have any defense firm medical recordsperson write a reply article for the next issue to share the defendant’s side of the coin. (Or if someone has a totallydifferent idea or method on how to handle medical records or chronologies—PLEASE share it with us!)

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South Dakota Paralegal Association, Inc.Founded in 1989

____________________________________________________________

2016-2017 COMMITTEE PREFERENCE FORM

Please mark your first, second, and third choices of which committee you would be interested in serving onfor SDPA during 2016-2017. A summary of the duties of each committee is in the Newsletter.

_________________ Audit

_________________ Education

_________________ Ethics

_________________ Finance

_________________ Job Bank

_________________ Library

_________________ Membership

_________________ Newsletter

_________________ Nominations & Elections

_________________ Parliamentarian

_________________ Professional Development

_________________ Public Relations

_________________ Special Committees (as appointed by the President)

_________________ Website Committee

_________________ I prefer to remain on the same committee for which Iserved in the 2015-2016 which is:__________________________________________

_________________ I have no preference and am willing to serve onany committee.

NAME: _________________________________________EMAIL: _________________________________________

PLEASE FORWARD BY JUNE 15, 2016 TO:Janet MillerSiegel, Barnett & Schutz, LLPPO Box 490Aberdeen, SD [email protected]

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SDPA COMMITTEES FOR THE UPCOMING 2016-2017 YEARby Janet Miller, President

The various committees of SDPA are found and described in the Bylaws. Each year, the President ofSDPA is tasked with appointing committee Chairpersons and Members. To ensure that members of thecommittees are willing and able to serve, I would ask each of you to please consider volunteering yourtime and talents to a committee that corresponds to your interests. A copy of the Committee PreferenceForm is included with the Newsletter. Please take a moment and fill out the form and email it to me at:[email protected].

I look forward to serving everyone in the South Dakota Paralegal Association as your President, andhelping to make the upcoming year a great one for each of us.

Committees and Descriptions:

· Nominations and Elections Committee. The President shall appoint a Nominations andElections Committee consisting of a chairperson and three active members at least sixty (60) daysprior to the annual meeting. The Nominations and Elections Committee shall present a slate ofofficers to the membership thirty (30) days prior to election and perform such other duties as arerequired under these Bylaws. No name shall be on the slate without the consent of the candidate.

· Educational Programs Committee. This committee shall plan seminars and workshops and workwith NALA, the State Bar and other organizations, in the event of co-sponsorship of anyprograms. The committee shall be responsible for fulfilling the educational requirements underArticle VI of these Bylaws and its Chairperson shall report such educational meetings to theNALA Liaison.

· Membership Committee. This committee shall be shall be charged with the responsibility ofdeveloping programs to encourage membership in the association. The Membership Chairpersonis responsible for determining if the applicant meets the qualifying criteria for membership andfor notifying the prospective applicant of their acceptance/rejection of membership. TheMembership Chairperson is responsible for keeping a current membership roster in conjunctionwith the Treasurer.

· Audit Committee. The Audit Committee shall be composed of at least two active members, oneof whom is preferably a past Treasurer, whose purpose is to audit the treasurer’s books as of theclose of the fiscal year prior to the annual meeting.

· Ethics Committee. This committee shall investigate and report any violations of South DakotaSupreme Court Rule 97-25 or the Code of Ethics adopted by SDPA to the Executive Committeefor appropriate action, including a member’s censure, expulsion, or discipline.

· Public Relations. This committee shall develop programs to promote good relations with thelegal community and the public, prepare promotional material for publication, and arrange forradio and television programs or in any other media which would benefit SDPA.

· Librarian. The librarian shall be responsible for maintaining a library of books, magazines,articles, publications, video and cassette tapes, NALA’s Findings of Fact and Career Chronicles,SDPA newsletters, and other written materials related to the legal assistant profession. Thelibrarian shall provide the materials or copies for a fee set by the Executive Committee.

· Newsletter Committee. This committee shall publish and distribute the association’s newsletterat least quarterly, or more often if directed by the Executive Committee.

· Professional Development Committee. This committee shall read and report current case lawinvolving legal assistants of the NALA Professional Development Committee. In addition, thecommittee would promote local professional involvement with the legal community.

· Job Bank Committee.This committee shall maintain a listing of jobs available to legal assistantsin South Dakota as provided by prospective employers.

· Website Committee.This committee shall maintain the website for the association and alsorespond to any inquires by members or nonmembers that are posed through the website.

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ANNUAL MEETING & SEMINARFRIDAY, JUNE 24, 2016

RAMKOTA HOTEL3200 W. MAPLE STREET

SIOUX FALLS, SOUTH DAKOTA

Time Agenda Speakers8:00-8:30 Registration & Breakfast

8:30-9:45 Child Support Referee Thomas M. Keller, Thomas M. Keller, Prof.LLC

9:45-10:00 Break

10:00-10:45 SDPA Annual Meeting

10:45-12:00 Foreclosures and Mortgages Eric R. Kerkvliet, Lynn, Jackson, Shultz &Lebrun, PC

12:00-1:00 Lunch Break

1:00-2:00 What We’ve Got Here is a Failure to The Honorable Jon Sogn, Second CircuitCommunicate Court Judge

2:00-2:10 Break

2:10-3:25 Family Law – Shared Parenting Mary H. Burd, Burd & Voigt Law Office

3:25-3:30 Break

3:30-4:30 Gestational Surrogacy Emilee Gehling, Goosmann Law Firm

---------------------------------------------------------------------------------------------------------------------REGISTRATION�FORM

Fee enclosed (includes luncheon): _______ Member $65 _______ Non-Member $85 _______ Student $30Webinar Fee Enclosed: _______ Member $65 _______ Non-Member $85 _______ Student $30

Name: ___________________________________________Designation (CP/ACP/RP/PLS/PP)_______________

Firm: _______________________________________________________________________________________

Address: ____________________________________________________________________________________

Email: ______________________________________________________ Telephone: _______________________

Thursday Social ________ Yes ________ No ________Maybe

Please send your registration form and payment to Cindy Schmit, ACP, P.O. Box 1888, Sioux Falls, South Dakota,57101-1888, by Friday, June 3, 2016. Make checks payable to SDPA. To cancel your registration, please callCindy Schmit at (605) 331-1031 or via e-mail at [email protected]. Cancellations received on orbefore June 15, 2016, will receive a full refund. We have reserved a block of rooms at the Ramkota Hotel, 3200 W.Maple Street, Sioux Falls, SD for our members. Phone number: 605/336-0650. The deadline to reserve your roomwill be May 24, 2016. A room with 2 queen beds, double occupancy, will be $94.99.

This seminar meets the requirements of the NALA Certifying Board for Paralegals for continuing legaleducation credit required to maintain the CP (Certified Paralegal) credential. The June 24, 2016, seminar isapproved for 5.75 hours of CLE credit including 1.0 Ethics CLE credit.

South�Dakota�Paralegal�Association,�Inc.Founded in 1989

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