the paralegal press 2013.pdf · 2015-01-30 · page 6 the paralegal press nipa needs you! nipa...
TRANSCRIPT
The Paralegal Press
www.neindianaparalegal.org Fort Wayne, Indiana September/October 2013
Certificate, Certificated, Certification. . .
Page 11
“A Walk in the Trenches – Trial Survival Tips” Page 14
I would first like to
thank Stewart Richardson for
hosting our August meeting.
We were treated to appetizers
and wine at Club Soda while
networking with everyone. It
is always a nice opportunity to
get to know other members.
The new board of directors held their retreat at the
end of July. We had a very productive evening and I am
sure you will be excited about some of the new ideas over
the next year. The board has put forth a great deal of ef-
fort in choosing topics for the upcoming membership
meetings. You will want to be sure to attend.
Over the next
few weeks as I prepare
to represent NIPA at
the national convention
in October, you will be
receiving emails from
me asking for your
opinion on topics that
will be discussed dur-
ing the convention. I would appreciate hearing your
thoughts.
Inside this issue:
Upcoming Events 4
Membership News 5
NIPA Board 7
Why it is Important to check Fees & Deadlines
9
Certificate, Certificated, Certifi-cation. . .
11
USDC—new form 13
Trial Organization Tips 13
A Walk in the Trenches 14
On the Move 15
Leadership Examined 17
Appellate Case Search 26
Expungement forms 27
Professional Growth 30
Macy’s discount 36
A Message from NIPA’s President
Please patronize our advertisers &
thank our sustaining members.
They make this newsletter possible. National Service Information, Inc. . .16
Stewart Richardson Deposition Services . . .8
Summit City Reporting . . . . . . . 10
Page 2 The Paralegal Press
Lori Wagner, RP®
President & Primary Rep.
Opportunity is missed by people because it is dressed in overalls and looks like work.
Thomas Edison
In the business world, everyone is paid in two coins: cash and experience. Take the experience first; the cash will come later. Harold S. Geneen
Happiness does not come from do-ing easy work but from the afterglow of satisfaction that comes after the achievement of a difficult task that demanded our best. Theodore Isaac Rubin
If you want to go fast, go alone. If you want to go far, go with others.
African Proverb
Don't let your ego get too close to your position, so that if your position gets shot down, your ego doesn't go with it. Colin Powell
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I don't know the key to success, but the key to failure is trying to please everybody. Bill Cosby
Great minds discuss
ideas; average
minds discuss
events; small minds
discuss people.”
Eleanor Roosevelt
Welcome
New Members
Rodney Boyko
Blackburn & Green
Kelsey Combs
Associate Member from Ivy Tech
Alex Jokay
Hunt Suedhoff Kalamaros, LLP
Angela Smith
Amber Law
Lindsay Speed National Service Information, Inc.
Renee Till
Abigail Torrella
Judging a person does not define who they are… it defines
who you are.
Unknown
The Paralegal Press
September 7 Amanda Roby
13 Kim Miller
15 Nicole Brett
16 Kelly Middleton
28 Julie Carey
28 Jeanne McEntee
October 13 Beth Hill 24 Karen Van Every 26 Jacklyn Faulkner, RP
®
September Kelly Middleton—1994
Julie Harber—1986
October Jacklyn Faulkner, RP
®— 1998
Kim Miller - 1997
Upcoming Events
September
2 Labor Day — Federal & State Courthouses Closed
11 Board Meeting at Burt Blee Dixon Sutton & Bloom
17 Membership Meeting - Judge Avery will speak at the Courthouse on Courtroom Technology
October
9 Board Meeting at Burt Blee Dixon Sutton & Bloom
15 Membership Meeting - Travis Friend at Haller & Colvin will speak about recent changes to the criminal code/ expungement of records
November
3 Daylight Saving Time ends at 2:00 am
13 Board Meeting at Burt Blee Dixon Sutton & Bloom
19 Membership Meeting - Doug Powers on "Obamacare"
Page 4
Paralegal Anniversaries: Happy Birthday to:
Page 5 The Paralegal Press
Special Thanks to Our Sponsor,
Stewart Richardson Deposition Services
for a Great Evening !
AUGUST SOCIAL HIGHLIGHTS
The Paralegal Press Page 6
NIPA Needs You! NIPA members, this is your association and this is your publication, so we want to hear from you. We want to know what you are thinking about, what you are doing, who you are. We are always accepting articles, feature columns, and advertisements. If it has to do with the paralegal profession, we’re interested. Just think what a coup it would be to include the fact that you’re a professionally published author on your rés-umé.
If you’re not sure what to write about and you’re a member - voting, student, or corpo-rate- just contact us and we can “spotlight” you. We’ll provide the questions and you provide your answers and a professional photograph (or logo). Get your name out there, build your personal or professional brand, and make new contact. Don’t be shy and don’t delay-send your articles, inquiries, advertisements, and pictures to [email protected].
The submission deadline for the next issue is Monday, October 14.
Angie started working at Haller & Colvin in 1998 first as a word processor and then as a legal assistant. Recently she decided to go back to school and get her paralegal de-gree. She attended Ivy Tech, finished school on December 12, 2012 and graduated in May of this year. Angie decided to take PACE while everything was still fresh in her mind. She successfully passed the test and is waiting for her confirmation letter and certificate. Congratulations Angie! Angie is willing to answer any questions you might have If you are interested in tak-ing the PACE exam. Angie is currently serving as the Secretary to the NIPA Board. Her contact information is on page 7. Who will be NIPA’s next RP
® or CRP
®?
Are you considering taking the PACE or PCCE Exam? Go to page 11 for more...
NIPA’s Newest RP®
Our Deepest Sympathy
DENVER C. JORDAN, 59, passed away on Sunday, August 11 after a brief but coura-geous struggle with cancer. Denver began his law practice in Fort Wayne in 1980 and was an Attorney and partner with Blume, Connelly, Jordan, Stucky and Lauer LLP. Den-ver was a frequent speaker for credit associations, financial management associations, the Northeast Indiana Northeast Paralegal Association, the Indiana State Bar Association and local businesses and civic organizations. Denver had written and contributed to numerous publications concerning creditor's rights, bankruptcy, commercial law and Real Estate, in-cluding publications for various state and regional seminars, the Northeast Indiana Parale-gal Association and the Indiana State Bar Association.
Page 7 The Paralegal Press
President Lori Wagner, RP
®
[email protected] Vice President Beth Hill [email protected]
Secretary Angie Meyer, RP
®
[email protected] Treasurer Alex Jokay [email protected]
2013-2014 Board of Directors
Advertising Tonya White [email protected] Associate / Student Rep. Dustin Bryant [email protected] Education Cindy Witters [email protected] Event Coordinator Sarah Cantrell [email protected] Fund Raising Nichole Wiesehan-Monnier [email protected] Job Bank Coordinator Laurie Heaston-Walters [email protected] Membership Nichole Wiesehan-Monnier [email protected]
Newsletter Carrie Thomas [email protected] Parliamentarian Mickie Potter [email protected] Primary Rep. Lori Wagner, RP
®
[email protected] Pro Bono Jeanne McEntee [email protected] Public Relations Julie Krider [email protected] Website Editor Jennifer Mahoney [email protected]
Committee Chairs
The Paralegal Press Page 8
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This case is an example as to why it is so important to check on filing fees and to stay up to date on increases on the same.
A court increased the filing fee for a new complaint by $2 on July 1. On August 10 the plaintiff sent a complaint to the court by mail with a filing fee for the old amount (i.e. $2 short). The statute of limitations to file was going to expire on August 22. On August 22, the clerk called the attorney to tell him the filing fee was $2 short. The attorney sent a $2 check on the 23rd, and the complaint ultimately got file stamped on the 27th, both dates being after the statute of limitations had expired.
The court of appeals held regardless of the other actions of the attorney to get the complaint filed in a timely manner, because the filing fee was $2 short and it was only corrected after the statute of limi-tations expired, the plaintiff could not bring her suit. http://www.in.gov/judiciary/opinions/pdf/08151302tac.pdf
Written by: Theodore T. Storer, Esq., ROTHBERG LOGAN & WARSCO, L.L.P., 505 East Washing-ton Boulevard, Fort Wayne, Indiana.
Why it is important to check Court Fees and Deadlines
Indiana Lawyer Staff Vault.com’s annual ranking of law firms has landed three firms with Indiana ties in the top 15 in the Midwest, according to associates who work in this region. The associates voted Taft Stettinius & Hollister LLP, which has an Indianapolis office, No. 11 on the 2014 list. It ranked 22nd last year. Faegre Baker Daniels LLP came in at No. 12. It has locations in Indianapolis, Fort Wayne and South Bend. Indianapolis-based Ice Miller ranked 15th, jumping five spots from last year. Frost Brown Todd LLC, which has an office in Indianapolis, came in at No. 21. Associates also vote on the overall Top 100 law firms to work for, as well as best firms for diversity, specific practice areas and best summer associate programs.
All of the lists can be viewed at Vault.com, although some require a subscription.
Associate survey places Taft, Ice Miller, Faegre Baker Daniels in top Midwest 15 firms
Page 10 The Paralegal Press
Indiana Lawyer Staff Three law firms based in Indiana or with offices in the state are among the 50 Best Law Firms for Women in the annual list compiled by Work-ing Mother and consulting firm Flex-Time Lawyers LLC Faegre Baker Daniels LLP, Ice Miller LLP and Littler Mendelson P.C. were named to the list. The rankings are based on firms that lead in at-tracting, retaining and promoting women attorneys. The list doesn’t rank firms numerically. At Faegre, 37 percent of attorneys are women as are 20 per-cent of equity partners. Ice Miller also had 37 percent female lawyers and 24 percent of its equity partners are women. Littler, a San Francisco-based firm with a Northside Indianapolis office, has a force of 49 percent women attorneys, and 27 percent of its equity partners are women. Working Mother commented on each firm. Faegre: “The Women’s Forum for Achievement offered by this firm boasts a wide range of useful programs for lawyers, with educational sessions, discussion groups and workshops that cover success strategies, sponsorship, mentoring, leadership devel-opment and more.”
Indiana law firms named among best for women
Want to impress your boss? Amaze your friends? Or just want to learn something new? Then check out www.findthedata.com and learn more than you will ever need to know.
Learn all the zip codes, area codes or Ham radio call signs. What did Medicare pay for the top hospital procedures through the country? You can find out here. Dinosaurs? That’s here too. A defi-nite must check out site!
Web-Sitings
Page 11 The Paralegal Press
Here is the American Bar Association’s (ABA) response:
It is important to distinguish between a paralegal certificate and certification. The terms are
often confused. The terms are not interchangeable and have separate meaning. A certificate verifies
that a student has successfully completed a paralegal educational program. Generally, these pro-
grams are offered at universities and colleges. The prerequisites may vary but many require the en-
tering student to have an associate or bachelor’s degree in another area. For example, if a program
offers a post‐baccalaureate paralegal certificate, the student will have obtained a bachelor’s degree
in an area other than paralegal studies. It is possible that the student will take only legal specialty
courses since they have completed their general education requirements during the pursuit of their
associate or bachelor’s degree. Upon successful completion of the institution’s educational require-
ments, the Student is issued a certificate of completion. The student is now certificated in paralegal
studies.
A certified paralegal is one that has successfully completed a certification exam or other re-
quirements of the certifying organization. Certification is the process through which an organization.
Grants formal recognition to an individual that meets certain established requirements. This may in-
clude meeting educational requirements, prior work experience as a paralegal and passing an ex-
amination. Once the paralegal has met these criteria, they may use a special designation namely,
“certified paralegal”.
Currently, all certification programs in the United States are voluntary. Therefore, a paralegal
may work in the field without obtaining certification. Two of the national paralegal organizations, the
National Association of Legal Assistants, or NALA, and the National Federation of Paralegal Asso-
ciations, or NFPA, offer certification. Some state bar associations, such as The Florida Bar Regis-
tered Paralegal Program, The North Carolina State Bar Certified Paralegal Program, and The Ohio
State Bar Association Paralegal Certification Program, offer voluntary certification, or registration, for
paralegals working in those states. In addition, the Texas Board of Legal Specialization Paralegal
Certification Program certifies paralegals in six select areas of law. The scope, duration and require-
ments for the certification credential vary with each organization. Check with the organization offer-
ing the credential to determine the requirements.
Click the link above or the boxes below for more information !
CERTIFICATE, CERTIFICATED, CERTIFICATION. . . What is the difference between a Paralegal Certificate and Certification ?
Page 12 The Paralegal Press
NIPA MEMBERSHIP BENEFITS
As a member of NIPA, some of the benefits that you will receive are:
Automatic membership in the National Federation of Paralegal Associations (NFPA), the
oldest and largest national paralegal association
The chance to meet and network with other paralegals
Educational meetings featuring speakers on legal
topics and topics affecting the paralegal profes-
sion
A Job Bank with Information about local job open-
ings
Discounts on educational seminars
Salary and benefits surveys
Timely news about issues affecting paralegals
Articles about local paralegals and paralegals in
other states
Access to members-only pages on both the NIPA and NFPA websites
Directory of NIPA members including their area of practice
Information about paralegal duties and responsibilities
Public service announcements
Links to CLE and other websites
A chance to win the Paralegal of the Year Award
Personal and professional growth through leadership opportunities
Representation in the Indiana Alliance of Paralegal Associations regarding matters af-
fecting paralegals in Indiana, including regulation
invite your co-workers
To become Members !!
Page 13 The Paralegal Press
USDC—Northern District of Indiana
Report of Parties' Planning Meeting - *NEW FORM
August 14, 2013
NOTICE
TO: THE MEMBERS OF THE BAR OF THE NORTHERN DISTRICT OF INDIANA
The Court has approved the use of a new Report of Parties' Planning Meeting form. This form is to be used immediately, and the old form is no longer to be used. Links to WordPerfect and Word ver-sions of the form are included below. The new form is also available on the Court's website: www.innd.uscourts.gov.
WordPerfect version: http://www.innd.uscourts.gov/docs/Report%20of%20Parties%20Planning%20Meeting.wpd
Word version: http://www.innd.uscourts.gov/docs/Report%20of%20Parties%20Planning%20Meeting.doc
TRIAL ORGANIZATION TIPS
BY: RICHARD A. COOK, Esq.
Need a system to keep all your witnesses and exhibits organized? Well sometimes the best system is the simplest one.
I use a separate folder for each witness and each exhibit. I make sure all the folder tabs line up in a single row for the witnesses and label each wit-ness folder with their last name, first name or if it’s a record keeper — I use the name of the organization. By using a single row of tabs you can quickly thumb through the files without having to scan side to side. I then alphabet-ized the folders from A to Z.
(Continued on page 31)
Trials are serious business. They are stressful. Anyone who has been involved in one in any fashion knows this to be true. I have assisted with several trials in my 17 years in the legal field. For pur-poses of this article, I would like to focus on one that took place several years ago, out of state. I was asked to join the attorney for whom I worked to assist in a wrongful death trial. My attorney indicated that the trial would last approximately 3 weeks and that it would be a great op-portunity and experience for me. It is true – it was a great opportunity and experience for me. It was not true that the trial lasted 3 weeks. It was like Groundhog’s Day. Every day that plaintiff’s counsel went on after week three was more gruesome than the last. The trial spanned a total of 8 weeks. There was snow on the ground when we began and it was hot and 80-90 degrees when we finally left for good. Our trial team consisted of lawyers, paralegals, and IT support from three different law firms as well as trial/jury consultants. The team from our firm was derived from two different offices. Tip #1: No Task Assigned at Trial is Inconsequential to the Overall Success of the Team. My official title at this firm was “Legal Secretary,” though I had the education and experience to work as a paralegal. Looking back, I am not entirely certain why he asked me to assist him at trial, except to be his personal assistant: doing his shopping, ordering and picking up dinner for the team of ap-proximately 8-10 lawyers, preparing coffee at the courthouse for the trial team and clients, making sure our team had something to eat every day at lunch time; serving as liaison with the hotel staff, and various other menial tasks. None of those tasks are glamorous, but they all are necessary to preserving an attorney’s focus and energy on the trial. My attorney needs freshly pressed suits. Therefore, trips to dry cleaners are in order. He needs shaving cream. Okay…no problem! I’m not above doing those things. Though, when I found myself without work, I decided to address my attorney by telling him that I can do more; that I could be an even more meaningful member of the team. He agreed and asked me to assist him by taking notes during witness preparation. Tip #2: Never Assume You Know What Someone Else is Doing or Has Done. Chances are, every member of the trial team is doing his or her personal best to get whatever needs doing done. My very first evening (the Sunday before trial started), I entered our war room and was asked to bates label tens of thousands of pages of documents to be produced to the opposing side the next morning. I put stickers on documents until approximately midnight. At midnight, I drove an hour to the
(Continued on page 29)
“A Walk In The Trenches
–
Trial Survival Tips”
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Andrea Trevino, formerly with Beckman Lawson, LLP in Fort Wayne, Indiana, was re-cently appointed by Judge Thomas Felts to fill the vacant Magistrate position in Allen Circuit Court. Magistrate Trevino will begin her new position as Magistrate on August 1, 2013. James A. Federoff, Scott M. Federoff, and Jason M. Kuchmay are pleased to an-nounce that effective September 1, 2013, they will be merging with the law firm of Car-son Boxberger, LLP. Jim and Scott will be partners in the business section, and Jason will be a partner in the litigation section. Our new contact information will be as fol-lows: Carson Boxberger LLP, The Harrison, 301 W. Jefferson Blvd., Suite 200, Fort Wayne, IN 46802 (main) 260.423.9411, (fax) 260.423.4329 Jim – (direct) 260.469.5106, [email protected] Scott – (direct) 260.469.5105, [email protected] Jason – (direct) 260.469.5108, [email protected] We are excited about the new opportunities that will be available to us at Carson Box-berger, and we look forward to continue to serve the legal needs of our current, past, and future clients within a framework that will offer greater resources, and a broader base of support. Please note we will be physically moving to our new office August 30, 2013, so our responses to phone calls and emails that day may be somewhat de-layed.
Do you know of someone or an office that is moving or has recently moved?
Please let us know so that we have the information
for the next newsletter.
ON THE MOVE
The Paralegal Press Page 16
2013 Legislative Review
August 16, 2013 by Indiana Court Times Editor
Editor’s Note: This report is a condensed version of the full report pre-pared by the Indiana Judicial Center (IJC) and only contains highlights of selected bills.
The IJC legislative report that contains summaries of all bills of inter-est passed in the 2013 session can be can be found at http://indianacourts.us/blogs/legislative
The entire text of any law, as well as any other legislative action, is available at http://www.in.gov/apps/lsa/session/billwatch/billinfo
Further information or requests on any legislation may be directed to Doyal McLemore at 317-232-2542 or by email at [email protected].
Follow @incourts
Have a new job, gotten married or
recently received an award?
Be sure to keep the members of NIPA informed.
Send any announcement to [email protected]
for inclusion in the Paralegal Press.
The Paralegal Press Page 17
Written by: LaShonda R. Dillard, Region III Director Member of Georgia Association of Paralegals
Prior to running for the National Federation of Paralegal Associations, Inc. (“NFPA”) Re-
gion III Director position, I made a conscious decision to further develop my leadership skills. I served on The Georgia Association of Paralegals, Inc.’s (“GAP”) Board of Directors for seven years in various positions. The experience I gained serving on my local paralegal board assisted me tremendously with this transition. In order to be an effective leader, I made the decision to participate in a leadership course. Last summer, I was informed by a board member of a community based leadership organization that I had been nominated to participate in a twelve-week leadership course. Call it divine intervention and/or the power of positive thinking! Either one, I was elated to have been chosen to participate in the course. The Clayton County Grassroots Leadership Institute (“GRLI”) is a community based leader-ship program that identifies, trains, and nurtures emerging leaders to better serve the needs of the community. Making Group Decisions/Group Dynamics, Conducting Success-ful Meetings, Managing Conflict, Effective Communication, and Understanding Leadership were topics examined during the course. Weekly lecturers included the lieutenant from the police department, the president of the chamber of commerce, the president of a local uni-versity and the superintendent from the board of education. There were a total of twelve participants in the class. Along with my representation of the legal field, several industries were represented in our group. For example, the Vice Presi-dent of Waffle House, a school teacher, the president of the parent teacher association, a member of the clergy and a program manager from the board of health, all were partici-pants, to name a few. Because I found the course to be beneficial to my growth as a leader, I facilitated a leader-ship workshop during Region III’s Spring Meeting held in Miami, FL earlier this year. I re-ceived positive feedback from attendees and have been inspired to share the information I presented with members of the twelve associations within Region III! 1“Leadership” is “the process of social influence in which one person can enlist the aid and support of others in the accomplishment of a common task.” While reviewing and gathering information for my presentation, I considered outstanding leaders that have made a difference in the world. Because I live in the state of Dr. Martin Luther King Jr.’s birth home, I took advantage of this opportunity. I have visited the Martin Luther King, Jr. National Historic Site (“the Center”) on several occasions, but this time, it was for personal gain and insight into becoming a “better” leader. Please understand, by no means will I ever become the leader Dr. King was, but my mission during this visit was to develop a strong understanding of his leadership tactics. 1 Wikipedia, online encyclopedia.
(Continued on page 23)
Leadership Examined…...
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About The Paralegal Press
The Paralegal Press is published bi-monthly & is
the official publication of the Northeast Indiana Paralegal Association.
Subscriptions are free to members.
The deadline for articles & advertising
for the next issue is October 14.
The Paralegal Press Page 21
The Pen is Mightier than the Sword Been meaning to write more?
You should.
Hone your skills by
contributing to the
Paralegal Press today.
Send your wildest ideas to [email protected].
“Plug In” & Get Involved!
Gain marketable skills, help others, make friends & meet new people, build business
contacts, increase professional satisfaction, stand out above the crowd.
Get in the “know.”
Contact [email protected]
to find out how and where you can serve.
The Paralegal Press Page 22
New PACE Registered Paralegals
Lisa O. Baldwin, RP® New Orleans, LA Lisa M. Bass, RP® Atlanta, GA Lilia M. Beau, RP® Slidell, LA Christine Damian, RP® Pembroke Pines, FL Leslie C. Feliciano, RP® Homestead, FL Debra L. Gibby, RP® Nicholasville, KY Jennifer D. Givan, RP® Athens, GA Kandria J. James, RP® Norristown, PA Tonya M. Kemp, RP® Ramsey, MN Julia K. Kleinschmidt, RP® Indianapolis, IN Jill M. Lindsey, RP® Edina, MN Susan L. Martin, RP® Marblehead, MA Caroline R. Miks, RP® Vienna, VA
Lori L. Miller, RP® Delaware, OH Angela J. Meyer, RP® Fort Wayne, IN Mary Lou O’Connell, RP® Philadelphia, PA Olanrewaju Azizat Oluyemi, RP® Brooklyn, NY Kenneth M. Pallante, RP® Lake Winnebago, MO Diane R. Prosser, RP® Bargersville, IN Jillian J. Szalankiewicz, RP® Indianapolis, IN Christina L. Toland, RP® Marietta, GA Angela C. Woodlee, RP® Indianapolis, IN Kathryn C. Wray, RP® Annapolis, MD Jennifer N. Zakrzewski, RP® Plainville, CT Doreen Frances Ziccardi, RP® Philadelphia, PA
Suellen K. Honeychuck, RP®
The Results Are In! The NFPA Board of Directors congratulates the newest PACE Registered Paralegals! The August 15, 2013 official scoring reports covering the reporting period of February 15, 2013 to August 14, 2013 showed a total of 38 candidates sitting for the exam. Of that total, the following 25 candidates achieved a passing score:
The Paralegal Press Page 23
Dr. King often studied the practices of Mohandas Karamchan “Gandhi”, the former leader in British-Ruled India. Gandhi led India to independence and inspired movements for non-violence, civil rights, and freedom throughout the world. Not only did Dr. King study Gan-dhi’s works and use his techniques of non-violence to implement social change, he eventu-ally visited “the Land of Gandhi”. Dr. King wrote extensively about his trip after returning. My visit to the Center assisted me with understanding that Dr. King was not born a leader, but devoted his life to becoming an exceptional trailblazer and being a committed leader to non-violence.
During the GRLI leadership course, the common characteristics of great leaders were ex-plored. The facilitator discussed the works of authors
2Jim M. Kouzes and Barry Z. Posner.
3During their studies, the authors administered a questionnaire to over 75,000 people
throughout the world, asking them what qualities in a leader would inspire them to follow willingly. The results were as follows (in order ranking in importance):
Prior to discussing Kouzes’ and Poser’s ranking, Region III Delegates were asked to rank the characteristics in order of importance to them during the workshop. Surprisingly, the Delegates had results similar to the study.
Members of the GRLI course and I discussed leadership styles as well. In the book, Primal Leadership, by Daniel Goleman, Richard Boyatzis and Annie McKee, leadership styles are
2 Kouzes and Posner are prominent bestselling authors and leadership training experts.
3 The Leadership Challenge: How to Keep Getting Things Done in Organizations: San Francisco: Jossey-Bass 5th Edition
(Continued from page 17)
(Continued on page 28)
20 Characteristics of a Leader
(1) Honest (2) Forward-Looking
(3) Competent (4) Supportive
(5) Intelligent (6) Fair-Minded
(7) Broad-Minded (8) Supportive
(9) Straightforward (10) Dependable
(11) Cooperative (12) Determined
(13) Imaginative (14) Ambitious
(15) Courageous (16) Caring
(17) Mature (18) Loyal
(19) Self-Controlled (20) Independent
Leadership Examined…...
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Jennifer Nelson Indiana Lawyer If you like the changes made to the Indiana Roll of Attorneys search function, you’ll appreciate the upgrades made to the appellate case search tool. The Indiana Judicial Branch rolled out an upgraded appellate case search application Wednesday with the hope of making the search process easier for users. The new search function is in a beta test and is accessible by clicking on “Appellate case search” un-der the “Services” section on the court’s homepage. Both the new version and the current search systems will be accessible through that link. Indiana Supreme Court Public Information Officer Kathryn Dolan said the courts are keeping both systems up to allow people to use whatever version they are most comfortable with, although even-tually the current search system will be taken down. Highlights from the upgraded case search include:
Simple and advanced searches Finding all of a specific type of case, such as capital appeals before the Supreme
Court or juvenile delinquency cases before the Court of Appeals Navigating between the search page, the results, and case details by using built-in
navigation or web browser navigation Organizing events in the case in chronological or reverse chronological order
The upgrade has a similar look to the one made earlier this year to the Roll of Attorneys. In addition to the upgraded search, users can answer a 10-question survey to provide the courts feedback on the new model. I had some trouble navigating the search when using the “back” button on my browser. It took me back to the original search screen and displayed a message that said “Please wait while we search for cases that match your criteria.” It was stuck on that screen, so I had to make my way back to the original search screen by hitting the “forward” button on my browser, then clicking “new search.” Dolan did emphasize that this new search tool is a work in progress and feedback from users will help developers with any necessary changes. Despite some bugs, I already appreciate this search tool much more than the current one, which is not quite user friendly. What do you think about the upgrades?
APPELLATE CASE SEARCH GETS NEW LOOK
August 16, 2013 Indiana Lawyer The Indiana Division of State Court Administration has posted more than a dozen sample forms to petition for reduction or elimination of criminal records provided under Indiana’s new expungement statute. The law took effect July 1, but its complexity concerned many prosecutors and defense attorneys. The variety of forms apply to multiple scenarios for people with criminal records who seek remedies under the civil processes available through House Enrolled Act 1482. The law includes these general provisions for people with no subsequent convictions or criminal charges:
People arrested but not convicted, or convicted but vacated on appeal, may petition the court to
seal records no earlier than one year after the date of arrest.
People convicted of a misdemeanor, or a Class D felony reduced to misdemeanor, may petition
the court to expunge conviction records no earlier than five years after the conviction.
People convicted of most non-violent felonies may petition the court to expunge conviction re-
cords no earlier than eight years after the conviction.
People convicted of most other felonies may petition the court to expunge conviction records no
earlier than 10 years after the conviction with the consent of the prosecuting attorney. The rem-
edy is not available to sex offenders, violent offenders or those convicted of official misconduct or
human and sexual trafficking.
STATE COURTS POST EXPUNGEMENT FORMS ONLINE
Page 27 The Paralegal Press
As a member
of NIPA
you receive
The Paralegal Press Page 28
examined. The six leadership styles the authors studied included Coercive, Authoritative,
Democratic, Pacesetting, Coaching, and Affiliate. To successfully implement any of the six styles of leadership, a leader must possess sound communication skills.
As Region III Director, I have had the opportunity to visit associations within the region to facilitate leadership workshops and/or present topics related to the paralegal profession. Although the various leadership styles are not distinguished by Goleman’s given names, they are being utilized throughout Region III.
During my visits, I frequently meet with local associations’ board members to discuss their leadership goals and give feedback regarding their problematic areas. I often receive re-ports that associations struggle with member participation and low attendance at various functions throughout the year. At a recent association visit, I discussed how changing the location of a meeting has increased the number of attendees at another association’s event. Since implementing this change, the president recently reported an increase in at-tendees at recent meetings. By communicating fresh ideas, board members gain new per-spectives to implement within their local associations.
Thus far, I have defined leadership, examined the characteristics of a great leader, and dis-cussed the six leadership styles. Finally, it is imperative to learn the essential things a leader must do. This was not a component learned in the course, but an area I researched to further develop my leadership skills. During my research, I came across
4Dr. Henry
Cloud’s book 9 Things a Leader Must Do, Breaking Through to the Next Level.
Dr. Cloud challenges leaders to: 1) Listen to their hearts and ask questions; 2) Refuse to allow negative things to take up space in their lives; 3) Evaluate their decisions in the pre-sent based on how those decisions affect the future; 4) Ask themselves, “What Can I Do to Make this Decision Better”; 5) Achieve goals by taking small steps over time; 6) Develop the ability to hate the right things well; 7) Give back better than they are given; 8) Learn hu-mility; and 9) Acquire the ability to make difficult decisions. I found this to be a wonderful book and recommend this short read to all seeking to enhance their leadership skills.
It should be noted, that the dynamics of the GRLI participants further demonstrates leaders are found everywhere (in various restaurants, businesses, educational and community or-ganizations). Everyone possesses many of the twenty characteristics explored in Kouzes’ and Posner’s study, but it is an individual’s responsibility to recognize and cultivate one’s own leadership style!
4 Dr. Henry Cloud is an acclaimed leadership expert, psychologist and best-selling author.
(Continued from page 23)
(Continued on page 36)
Leadership Examined…...
Page 29 The Paralegal Press
nearest 24 hour FedEx/Kinkos location to have copies made of the documents. The city we were in was very small and did not have a 24 hour reproduction center. (Even though it lacked a lot of the conveniences we were used to, it did have a certain charm about it.)
I returned to my hotel room, took a few hours rest, rose again at around 5:00 a.m., drove the hour back to the FedEx to pick up our copies – in my pajamas – only to learn that FedEx had not completed the job. The documents had to be produced. I did what any good legal support professional would do: I stood at a copier for the next two hours making copies – in my pajamas. Trial was to begin at 9:00 a.m. At around 7:30 a.m., I found that I had missed calls from the paralegal from our sister office asking where I was with the copies. When I tried to return those calls, they went unanswered, pre-sumably because she was busy getting things ready for the first day. Finally, after completing the copying, I made my way back to the hotel and was scolded by my firm’s IT person for not being “ready to go” to the court (remember, I was still in my pajamas and had not even showered yet). I ex-plained the situation to her, but frankly, I believe my explanation fell on deaf ears. I understand though. To this day, I am not sure if anyone else on our team knows what happened that morning. I suspect they all think I was not taking the assignment seriously. I can assure you, my pajamas and I took the task deathly serious. This leads me to Tip #3. Tip #3: Do Not Allow Negative Interactions to Bring You Down. The paralegal who assigned the bates stamping and copying task was angry with me after this trial experience. I never had an opportunity to explain the situation to her. These things happen, at least on occasion if you stick around the legal field long enough. At some point in your career, you will find yourself standing (or sitting) across the room from an unhappy person. Do not allow that person’s negative energy to bring you down. If you make mistakes, own up to them. If you need to assume ownership over a project, own it. If there is something important worth explaining – explain it. But do not allow the negativity looming around another coworker to bring you down. Diffuse the situation as best as you can and move on. Tip #4: Don’t be Afraid to Offer Assistance.
As mentioned in tip number 1, I was there to coordinate non-legal aspects of the trial. Everyone on our team was so busy that we were sleeping very few hours per night. When I noticed that folks were overwhelmed, I offered to as-sist them. I explained what kinds of tasks I felt comfortable taking on and I found that when people were able, they shared the load. There is plenty of work to go around and often not enough manpower. After speaking with my attorney and letting him know that I felt I could help out with more than just getting dinner, he asked me to help him prepare some of the witnesses for testimony. I am glad I offered to help and asked for more challenging work. I think he was glad too.
(Continued from page 14)
(Continued on page 34)
“A Walk In The Trenches – Trial Survival Tips”
Page 30 The Paralegal Press
Whether you want to believe it or not, professional growth is entirely up to the individual. It is not the responsibility of the law firm to ensure that your career and knowledge is extended. Parale-gal Managers and paralegals who refuse to take responsibility for their own growth wonder why they are passed over for higher level assignments and promotions. It's simple. These folks do not under-stand the tactical techniques necessary in order to grow professionally step-by-step-by-step. They are of the opinion that if they get noticed, they will automatically ascend into Paralegal Heaven. A good example is set by the very nature of attending school. All you need to do is dress accordingly, be nice to your fellow students, do your home-work and you are automatically promoted into the next grade. That's what we are taught. When we enter the adult world, we are shocked to find it's an-other story entirely. Here is one proven technique I have used for 20+ years that will show you how to climb the paralegal ladder that is most often, a horizontal climb outward not a vertical climb upward. Calendar Memos A calendar memo is one of the most important tools for saving time, upgrading assignments and educating attorneys about your capabilities in a non-confrontational manner. Presenting a memo on a regular basis reinforces your position, telling attorneys (1) what you can do and (2)suggest assignments you have never done but know you can do it (or find out how to do it). A calendar memo is based on the firm's master calendar. By checking the master calendar, you will be aware of all events well in advance of their occurrence. You will see events that could involve paralegals, even if your firm has never utilized a paralegal for that assignment. Let's say that you see that a document production in the ACME case will occur in three weeks. Send a standard deposition calendar memo to the attorney on the case. The memo lists all of the assignments a paralegal in your firm can perform in regard to a deposition. The memo also includes assignments paralegals do not yet perform but could. The memo:
a. Acts a forerunner to a work plan b. Gently gets the attorney to think ahead regarding your involvement, and c. Alerts you in advance of what's coming.
Here's how one might look:
In Acme vs. Acme, a document production is scheduled at 9:00 a.m. on Wednesday, June
3rd. In order to advance plan for this event, please check the areas in which you will need parale-
gal assistance. (Continued on page 35)
PROFESSIONAL GROWTH: IN ORDER TO GAIN IT, YOU HAVE TO WORK THE SYSTEM
The Paralegal Press Page 31
In each witness folder, I keep a copy of the witness’s outline and a copy of any exhibits needed for the witness. This way, if I need to run out and meet with a witness, I just pull their folder and run. Because of my preparation, I know I have everything in hand I need to deal with that wit-ness.
Each exhibit is also kept in a separate tabbed folder or tabbed binder and is sequentially pre-numbered or pre-marked with a letter. The folders or tabs are then sequentially ordered, just as was done with the witnesses.
I also prepare two lists, one for witnesses and one for exhibits. Witnesses are listed alphabetically with the number or letter for each exhibit to be shown to that witness listed in the adjacent column.
I create a second list with exhibits sequentially listed and all wit-nesses crossed reference for each exhibit. On this list, I also have col-umns to note if an exhibit was tender into evidence and whether it was admitted or excluded. This way you or your assistant can know exactly which exhibits need to be pulled, shown to and covered with each par-ticular witness. You also can track if you need to make an offer of proof for exhibits excluded.
I outline each element of proof for my claim(s) and list the wit-ness and exhibit which supports each separate element of the claim(s). This way you can easily re-spond to a motion for a directed verdict by outlining the proof which was entered through the testi-mony of specific witnesses and the exhibits on your shorthand list of proof.
I have successfully used this system for trials involving dozens of witnesses and hundreds of exhibits. It is simple and it works. It also keeps your table organized and uncluttered which conveys to the jury you know what you are doing.
Richard Cook graduated from Purdue University in the Economics Honor Program in 1979 and obtained his Juris Doctor degree from Valparaiso University School of Law in 1982. Following law school, he served as a federal law clerk in the U.S. District Court for the Northern District of Indi-ana, Hammond Division. In 1984, Richard began working as Deputy Prosecutor for the Lake County Indiana Prosecutor’s Office and from there, served as Assistant U. S. Attorney for the Northern Dis-trict of Indiana, South Bend Division. There he handled a number of complex criminal matters and jury trials. While there, Richard received the Chief Postal Inspector’s Special Award and a letter of commendation from the U.S. Attorney General for his work prosecuting a major money order fraud scheme being perpetrated out of the Indiana State Prison system. Since leaving the U.S. Attorney’s office in 1989, Richard has focused primarily on civil work and is currently a member of the firm Yo-sha Cook Shartzer & Tisch in Indianapolis. Richard is also a member of the ITLA and the ABA.
Richard also hosts a legal blog: http://the-barristers-toolbox.com/ Check it out!
(Continued from page 13)
TRIAL ORGANIZATION TIPS
The Paralegal Press Page 32
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Tip #5: Don’t be Afraid to Share Your Thoughts About the Day’s Testimony. As a non-attorney, the things you pick up on may be equally or more helpful to the case than those that the attorneys see and hear. As legal support people, we are still laymen. We are, figuratively, the peers in the box that determine the end result of the trial. During our trial, after a day of direct ex-amination of the plaintiff (the other side), I noticed something that was inconsistent in her testimony and brought it to the attention of the attorney preparing for cross-examination. She thanked me and used my suggestion. It was thrilling to me that she invited me to be on her team anytime. Tip #6: What Happens at Trial Stays at Trial. (The only way this phrase could be better is if it read “What happens at trial in Vegas, stays at trial in Vegas.” Sadly, we were a long way from Vegas!) Too much of everything (except sleep) is happening at trial. Too much working, eating, drinking, smoking, cussing, stressing, bickering, drama, flirting, and about every other possible thing you can imagine. When at trial, people around you will sometimes take a step (or ten) far outside the profes-sional norm. You will see some crazy things. You may observe someone on your vast trial team liv-ing on the larger side of life, as he/she walks the halls of a hotel with a beer can in hand or the bot-tom of her shirt pulled up through the neck. You know: the make-shift midriff shirt and one too many beers. Not. A. Pretty. Sight. You may see an attorney incredibly frustrated, in a state of near rage over an unexpected issue, or in a panic to avert a legal ambush in that hotel war room. Information about behavior like that stays at trial. It does absolutely no good to bring that home with you. Repeat after me – What happens at trial stays at trial. Need I say more? All those things you cannot unsee, unhear or unthink never hap-pened, even if you weren’t in Vegas. Tip #7: No One Leaves the Trial Experience Unscathed. Our team lost. After six and a half weeks of Plaintiff’s counsel presenting its case-in-chief, our team felt it was better and more considerate of the jurors’ time for us to make our points succinctly and concisely. We put our case-in-chief on for one and a half weeks. Sure, we could have languished in the courtroom for another 3 weeks. Would it have made a difference? The world will never know. Our trial team will never know. Each individual person on the team left that tiny little city that day with varying degrees of post-traumatic stress disorder. I have grown professionally during every trial I have experienced. But during those two months of trial, I grew exponentially, both personally and professionally. I changed and for that, I am thankful. I wish you the best of luck on your next (or first) adventure through the courthouse trenches! Posted by The Paralegal Society Chassidy King is a Paralegal at the law firm of Plews Shadley Racher & Braun in Indianapolis, Indi-ana where she focuses on environmental litigation and insurance coverage matters. She is also leading her firm in litigation technology initiatives.
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Page 34 The Paralegal Press
“A Walk In The Trenches – Trial Survival Tips”
(Then list everything that a paralegal could possibly do such as:)
Prepare a Meet and Confer
Prepare a Litigation Hold
Select appropriate software
Set up database
Attend production
Prepare response to demand for inspection
Prepare privilege list
Prepare motion for protective order (something that paralegals are never asked
to do at your firm)
Other:
See me (good if checked because the paralegal has a face-to-face meeting)
You're probably going to have to send these out several times before you get a response.
Gradually, attorneys will check something off as they see that this is now standard operating proce-
dure. You will have educated them as to what paralegals (and you) can do. They will give you a
chance because it is in writing. Therefore, it must be so. (Big belief by lawyers.) Don't confuse
the Calendar Memo with a "Uses and Abuses of Paralegals" memo that simply lists what your job
description says.
Gradually, you will experience an outward movement to-
wards professional growth in upwardly sophisticated assignments
leading to other positions such as Case Manager, International
Manager of Paralegals, Practice Support Director, senior parale-
gal and more. The most important thing you can do is get
the title. That's even more important than a raise when it comes
to professional growth. Reason? If the firm now fails to move you
up, you can take that title with you.
Chere Estrin is the CEO of Paralegal Knowledge Institute. She is a co-founding member of IPMA
and has written 10 books on the paralegal career. She has been quoted in Newsweek, Chicago
Tribune, Los Angeles Times, and other prestigious publications. She can be reached at
(Continued from page 30)
PROFESSIONAL GROWTH: IN ORDER TO GAIN IT, YOU HAVE TO WORK THE SYSTEM
Page 35 The Paralegal Press
The Paralegal Press Page 36
Since completing the GRLI course and being elected as your NFPA Region III Director, my examination of leadership has evolved immensely. I fully acknowledge and accept the re-sponsibilities related to being a genuine leader. I realize mistakes will be made, but how they are resolved is critical. Effective leaders are good listeners and communicators. They share information and positive results, in the end encouraging participants to execute new ideas. While leading others; it is imperative to realize leadership does not happen instanta-neously, but is developed by implementing different leadership styles, researching and studying leadership materials, developing a diplomatic way to make difficult decisions and most importantly, leading with integrity every step of the way!
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Leadership Examined…...
About the Author: LaShonda R. Dillard, NFPA Region III Director, was elected as Region III’s Representative at the 2012 NFPA Convention in Anchorage, Alaska. Prior to serving on NFPA’s Board of Directors, Ms. Dillard served on her local association’s Board of Directors. She has been a member of the Georgia Asso-ciation of Paralegals (“GAP”) for nine years. During her tenure on the Board, she served as GAP’s Representative and attended four NFPA Conventions, both as the NFPA Primary and Secon-dary. Ms. Dillard has spent her entire career in the legal field. Her experience includes corporate law, litigation, special education defense, and elder care law.
In February of 2013 NFPA began offering monthly webinars, covering such topics as Social Media & Legal Ethics, Technology in the Courtroom, and Assessing Credit Damage Compensable Clients. If you missed out on participating in one or more of those webinars, or are unable to attend a future webinar due to a scheduling conflict, relax! NFPA is now offering some of the past webinars in an on-demand format, so you can still take advantage of those CLE opportunities. The cost is $20 for members, $30 for non-members. To qualify for the member price of $20, be sure to log in as a member on NFPA's home page, then go to the member benefits page under the Members Only drop-down list.
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