volume xxxi issue iii the advocate -...
TRANSCRIPT
Volume XXXI Issue III The Advocate September, 2016 Page
The Advocate
Quar ter l y News le t te r o f the Lou i s iana S ta te Para lega l Assoc ia t i on
September 2016 Issue
2016 FALL SEMINAR September 23, 2016
Lafayette, Louisiana
(followed by ) Annual Social and Awards Ceremony
Annual Meeting LSPA will hold the Fall Seminar in Lafayette this year in connection with our Annual Social and Awards Ceremony on September 23 at the Lafayette Petroleum Club, and Annual Meeting on September 24, to be held at the offices of NeunerPate (next door to the LaQuinta on Pinhook).
This year, the Fall Seminar will be a LCP Short Course. The LCP Review Course scheduled last month in Baton Rouge was cancelled due to the tragic flooding which caused hardship for many in Louisiana, including several of our members. Jimmie Murvin (a founding member of LSPA) suggested a LCP Short Course for the Fall Seminar, not only to provide a LCP Review Course to those planning to take the course in August, but also to commemorate the 20th anniversary of the LCP Review Course. Twenty years ago, the first LCP Review Course, a Short Course, was presented at the NALA Conference held in New Orleans.
The LCP Review Course is not only for those paralegals anticipating taking the LCP exam, it is for all paralegals in Louisiana. Louisiana laws are very unique and the LCP Review Course is a great way to learn or brush up on Louisiana law. Of course, if you are considering your LCP certification, this is a great way to get information and study material for the exam. The LCP Short Course will cover the required sections of the LCP Exam:
Ethics—to be presented by Jimmie Murvin
General Law—to be presented by Deborah Fontenot, ACP, LCP
Civil Procedure—to be presented by Jimmie Murvin
In addition to the above sections, which will be covered in their entirety, the seminar will include the fol-lowing:
An overview of the LCP Exam—to be presented by Jessie Cormier, CP, LCP
A brief description of the eight substantive sections, four of which are selected by examinees for testing.
The Fall Seminar will be held on September 23, 2016 at the Lafayette Petroleum Club. We hope you can join us to commemorate this anniversary of the first LCP Review Course.
Please complete and return the seminar brochure found in this newsletter. We look forward to seeing you at the seminar and hope you can stay for the Social and Award Ceremony which will be held after the seminar in the downstairs lounge at the Petroleum Club. Please join us for the awards ceremony and enjoy the celebration as we wrap up our 30th year with plenty of good food and good company.
Volume XXXI Issue III The Advocate September, 2016 Page 2
MEMBERSHIP INCENTIVES
The
Advocate
upon proof of a current
voting membership in a local Louisiana paralegal association.
Volume XXXI Issue III The Advocate September, 2016 Page 3
President’s Message Deborah P. Fontenot, ACP, LCP
It’s hard to believe the membership year is almost over. It’s time to look ahead to the new membership year. It’s time to think about who you would like to see in leadership roles of LSPA. A call for nominations will be routed to all LSPA members shortly. It’s time to start thinking about who you will nominate. You can nominate any LSPA member for any office. Even if they don’t accept the nomination, it’s a great compliment that another LSPA member thinks you’ve got what it takes to be a leader!
Are you ready to step up and offer your talents and experience to LSPA as an officer?
If your answer is yes, THANK YOU! All you need to do is nominate yourself when the nomination form is circulated. Maybe you’ve thought about volunteering to serve as an officer but you aren’t sure what office would be best for you, or would like more information about the duties of the position you are considering. Feel free to contact any current officer for more information. We are all available and happy to chat with you and answer your questions. Most of the current officers have served in more than one office and can help, regardless of what office you care to discuss.
Serving on or chairing a committee is a great way to get involved. Committee chairs are members of the Board and encouraged to attend all board meetings, particularly those in which discussions are held regarding the work and/or goals of your committee. Your input is appreciated in everything being discussed at the meeting, not only those pertaining to your particular committee.
Maybe you’re not ready to assume an office but would like to be more involved in LSPA decisions? Consider offering to chair a committee. The President appoints the chairs of the committees and has no idea you are interested unless we hear from you. I would encourage you to take advantage of the nomination process to let LSPA know you want to chair or serve on a committee. You can either designate what committee you would like to chair, or just let us know you want to chair a committee or be a committee member. (A list of committees is on page 6.)
There is also a place on the application to designate committee interest. It helps, but sometimes it’s not enough, so don’t hesitate to contact the President in early November and let her know you want to become more involved and discuss the available committees to decide what will work for you. I can tell you that the President will welcome any offers of assistance rather than having to reach out to members and ask for it.
It has been a pleasure serving as President this year. Thank you for your support. Due to the demands of my job, I will not accept a nomination for a second term as President, but I do plan to continue to serve LSPA in some capacity on the Board. I believe in this organization and will continue to be available if I can assist you, our members, in any way.
Debbie
Volume XXXI Issue III The Advocate September, 2016 Page 4
LCP REVIEW – SHORT COURSE
ETHICS – presented by Jimmie Murvin (1.5 hours)
GENERAL LAW – presented by Deborah P. Fontenot, CP, LCP (1.5 hours)
CIVIL PROCEDURE – presented by Jimmie Murvin (3.0 hours)
OVERVIEW OF LCP EXAM – presented by Jessie Cormier, CP, LCP
OVERVIEW OF SUBSTANTIVE LAW SECTIONS OF LCP EXAM – Interactive discussion facilitated by Jimmie Murvin and Debbie Fontenot
Volume XXXI Issue III The Advocate September, 2016 Page 5
REGISTRATION FORM**
Registration deadline: September 17, 2016 (Registration after this date on a space-available basis only)
_____________________________________________________________________________________________________________________________________________ Registrant Name and Address ____________________________________________________________________________________________________________________________________________ Registrant Phone # Registrant E-Mail _____________________________________________________________________________________________________________________________________________ Employer Name, Address, Phone #, Fax #
Job Title: _______________________________ _______ Check here if you require ADA accommodations. You will be contacted.
Paralegals - Please complete the following for informational purposes:
Are you currently a practicing paralegal? _____ Yes _____ No
Have you earned a paralegal certificate? _____ Yes _____ No Date: _________ School: ________________
Are you a CLA/CP? _____ Yes _____ No Date attained: ____________
Are you a CLAS/ACP? _____ Yes _____ No Date attained: ____________ Specialty: ___________
COURSE/STUDY GUIDE SELECTION
______I am a member of LSPA. Fee $115.00
______ I am a paralegal student. Fee $35.00
______ I am not an LSPA member. Fee $155.00
A copy of the LCP Study Guide containing ONLY the topics to be presented in their entirety will be provid-ed to seminar attendees. Attendees will have the option to purchase the remainder of the Study Guide (sections containing the Substantive sections) for $125.00 AND will have the option of attending the next full course LCP Review Course for a discounted rate of $75.00. (The cost of the full LCP Study Guide is $250.00.)
Enclosed is check/money order #_______ in the amount of $_____________. Please make checks/money orders paya-ble to LSPA. (NSF fee: $45.00. - Credit cards not accepted.) Seminar materials are included in the fee.
**Cancellation/Refund Policy: For cancellations received by September 18, 2016, refunds will be for full payment less a $25.00 processing fee. No refunds will be made for cancellations received after September 18, 2016.
PLEASE SEND REGISTRATION FORM TO: LSPA-FALL SEMINAR, P.O. Box 51690, Lafayette, LA 70506.
Rooms have been blocked for seminar attendees at the LaQuinta Inn, 1015 W Pinhook Rd, Lafayette, LA · (337) 291-1088. When reserving your room, please mention LSPA to get the discounted rate. Reservation of these rooms is on a first come-first serve basis, so don’t wait!
For any questions or information, please contact Debbie Fontenot at [email protected].
Volume XXXI Issue III The Advocate September, 2016 Page 6
“EXCEPT IN LOUISIANA”
or
“ONLY IN LOUISIANA”
What makes Louisiana unique? The food, the culture, the festivals, and, of course, the laws. Louisiana is the only state whose laws, because of our French heritage, are based on the Napoleonic Code. This differ-ence is what inspired, or required, LSPA to recognize the need for certification of paralegals in Louisiana. The LSPA board recognized that a paralegal in Louisiana needs to have a working knowledge of, not only fed-eral law, but of the unique laws, rules and regulations the apply only in Louisiana. They probably discussed the number of times that they attended CLE and within the first five minutes heard the words “Except in Loui-siana”, just as we all do today. So, the Louisiana Certified Paralegal certification was created to fill that void. LSPA did not intend to cover everything that a Louisiana paralegal needed to evidence a paralegal’s knowledge, such as those topics included in the NALA certification exam. So, they set forth to create an exam that tests on Louisiana law exclusively. The decision was made that for a Louisiana paralegal to truly exhibit their knowledge of all laws applicable in Louisiana, it was necessary to pass both the NALA exam and the LCP exam.
The LCP Review Course offers participants a review in eleven areas of Louisiana law. Although the LCP Study Guide is intended to prepare a paralegal to take the LCP exam, the Study Guide and the LCP Review Course are great ways for Louisiana paralegals to learn about the laws “Only in Louisiana” that aren’t covered in most CLE. Paralegals are welcome to attend the LCP Review Course even if they aren’t planning to be-come certified; there is no better course on the laws “Only in Louisiana”.
News from the LCP Certifying Board
By Jessie L. Cormier, CP, LCP, Chairperson
Congratulations to Michelle Domas, CP, LCP of Lafayette! She studied for and passed the LCP examination in 2014. She had three years within which to attain her CP credential through NALA which she accomplished in July 2016. She was then eligi-ble to use the LCP designation as well as the CP designation.
Michelle was presented with a certificate acknowledging her accomplishment at the July meeting of the Lafayette Paralegal Association by Jessie Cormier, CP, LCP, Chairperson of the LCP Certifying Board, with LSPA President Debbie Fontenot, ACP, LCP.
The application deadline for Fall 2016 has passed. The LCP examination will be administered on Oc-tober 7 – 8, 2016.
Want to obtain your paralegal credentials? The next application date will be in February, 2017 with the LCP examination administered in April 2017. The exact dates have not yet been determined and will be posted on LSPA’s website http://www.la-paralegals.org/home.html and click on the LCP Certification tab.
For more information on the Louisiana Certified Paralegal credential, please read the information posted on LSPA’s website: http://www.la-paralegals.org/ under the LCP Certification tabs and on the links on those pages.
For information on attaining the Certified Paralegal (CP) credential through NALA, please visit
https://www.nala.org/.
Volume XXXI Issue III The Advocate September, 2016 Page 7
TALKTALK By Jimmie Murvin
The Louisiana Legislature has enacted La.R.S. 37:213.1, effective August 1, 2016, which imposes civil liability (in addition to criminal liability under La.R.S. 37:213) upon those individuals who are defined in the statute as “actors” for the unauthorized practice of law that causes damage to others. Here is the text of this statute:
Ҥ213.1. Unauthorized practice of law; civil damages; prescription
“A. In addition to any criminal proceedings and criminal penalties set forth in R.S. 37:213, the provisions of this Section shall apply to civil proceedings against persons engaged in, or who have engaged in, the unauthorized practice of law.
“B. As used in this Section, the following terms shall be defined as follows:
“(1) ‘Actor’ means a natural or juridical person who is engaged in or has engaged in the unauthorized practice of law. The term ‘actor’ shall not include a Louisiana attorney li-censed to practice law or a Louisiana attorney who is suspended or disbarred from the prac-tice of law. The term ‘actor’ may include a Louisiana attorney who has been permanently disbarred or who has permanently resigned from the practice of law.
“(2) ‘Aggrieved party’ means a natural or juridical person who has sustained any damage or harm as a result of an actor engaged in the unauthorized practice of law. The term ‘aggrieved party’ shall not include an attorney or a law firm.
“(3) ‘Unauthorized practice of law’ means any of the prohibited activities set forth in R.S. 37:213.
“C. The attorney general of the state of Louisiana, the Louisiana State Bar Association, or any district attorney may file a petition to enjoin an actor from engaging in the unauthorized prac-tice of law. If an actor is enjoined from engaging in the unauthorized practice of law as provided in this Section, the court may also award costs and attorney's fees to the petitioner.
“D. An aggrieved party may sue an actor who is engaging in, or who has engaged in, the un-authorized practice of law for general damages, special damages, and all other damages suffered by the aggrieved party. The court may also award the aggrieved party all costs and attorney's fees in connection with this suit.
“E. Venue for any action commenced under Subsections C or D of this Section shall be in any parish where:
“(1) the actor is engaging or has engaged in the unauthorized practice of law;
“(2) the offense of the unauthorized practice of law has occurred;
“(3) any damages were sustained; or
“(4) the aggrieved party resides.
Volume XXXI Issue III The Advocate September, 2016 Page 8
“F. Any action commenced by an aggrieved party under the provisions of Subsection D of this Section is subject to a liberative prescriptive period of three years.”
Under the statute “actor” is defined as anyone who is engaging in or has in the past engaged in the unauthorized practice of law (a circular definition if ever I heard one!). As we all know, para-legals fall into this category, despite the fact that traditional paralegals work under the supervision of lawyers, may do many of the things that lawyers do, and may not do anything lawyers may not do. The fact that one is a paralegal does not make one exempt from the rules that apply to all other non-lawyers. As I have said many times in the past, when it comes to UPL, there are only two categories of people: lawyers and non-lawyers. And paralegals are non-lawyers.
The definition of “actor” does NOT include Louisiana attorneys who are licensed to practice law (completely understandable) or Louisiana attorneys who are suspended or disbarred from the practice of law, unless the Louisiana attorney has been permanently disbarred or has resigned from the practice of law, in which case the definition “may” include such a person. La.R.S. 37:213.1(B)(1). Does this mean a court can decide not to permit a suit against a particular lawyer who falls with-in this portion of the definition? Traditionally, the term “shall” in a statute binds the object of the statute to do or not do what the statute requires, while “may” gives discretion to the object of the statute to do or not do the act. If “may” is applied as it is traditionally applied, the answer to that question is “yes,” but how our courts choose to use their discretion on this question remains to be seen.
“Aggrieved persons” (i.e., potential plaintiffs) are defined as any natural or juridicial person who has suffered damages as a result of an actor’s engaging in the “unauthorized practice of law,” which is defined as activity listed in La.R.S. 37:213, which has been amended in recent years to pro-vide a fairly specific laundry list of those actions that constitute the unauthorized practice of law in Louisiana. La.R.S. 37:213.1(B)(2) and (3). “Juridical persons” can be legally recognized business organizations or governments that have the legal ability to sue and/or be sued in their business or government name(s).
The statute creates a cause of action for general, special and “all other” damages suffered by anyone suffering such damages. This means that traditional compensatory damages such as grief, mental anguish and/or emotional distress (general damages) and monetary loss (special damages) can be claimed by a plaintiff who has been damaged by a non-lawyer who engages in UPL. It does not specifically permit exemplary (punitive) damages, but it is possible a court might construe “all other damages” in the statute to include exemplary damages? La.R.S. 37:213.1(D). Traditionally, exemplary damages may only be awarded when a statute specifically creates such a cause of action, such as the new statute that permits suit for exemplary damages for domestic abuse (with appropri-ate sanctions for frivolous claims), La.C.C. art. 2315.8, so the answer to that question is, “Probably not.” On the other hand, besides general and special damages, what “all other damages” might be meant in ¶ D? In addition to damages, a plaintiff may claim litigation costs and attorney’s fees from the “actor” who engages in the unauthorized practice of law under this statute.
Venue is provided for in the statute (¶ E). Essentially, venue is proper in any parish where UPL is or was committed, or in any parish where damages were sustained, or in any parish where the potential plaintiff is domiciled. The last provision runs counter to the general rule of venue, which is that a defendant is entitled to be sued where he/she/it lives.
The prescription period for this civil cause of action is three years and, although the statute is silent on this specific question, the three years presumably begins to run from the date of each act of UPL. La.R.S. 37:213(F).
Volume XXXI Issue III The Advocate September, 2016 Page 9
And finally, ¶ C of the statute permits the Attorney General of Louisiana, or the Louisiana State Bar Association or any district attorney to file for an injunction to prevent any “actor” from engaging in UPL and also provides for the award of costs and attorney’s fees to the petitioner who brings such an action.
As I sit here writing this article, I can’t help but think that it really isn’t necessary. Articles 2315(A) and 2316 of the Louisiana Civil Code are the general tort articles upon which many, many tort actions are based in Louisiana. Read together, these two articles provide a cause of action for damages against anyone who causes damage to another because of an act performed, or a failure to act, or negligence, or “imprudence” (carelessness? negligence?) or “want” (lack) of skill. The terms in these articles are all broad enough to embrace and encompass a cause of action by an individual, business or government damaged by the unauthorized practice of law by a non-lawyer. But I be-lieve that La.R.S. 37:213.1 is a message. Who is this message addressed to? Anyone who is not a lawyer or who is a permanently disbarred lawyer or a lawyer who has voluntarily resigned from the practice of law (in other words, people who aren’t lawyers any longer). What is this message? I think we all know.
And if that doesn’t keep us awake longer at night, here’s another thought. If you are a para-legal employed by a law firm and you are found to have engaged in the unauthorized practice of law, you cannot necessarily depend on the professional liability insurance policy coverage of your firm/employer. Many (if not all) the insurance companies would most likely deem your UPL to be an intentional act (after all, it is a crime in Louisiana), which is not covered by liability insurance policies of any kind. Even if you are a freelance paralegal and have some sort of errors and omis-sions policy, the result would most probably be the same.
In a normal tort action, plaintiffs cannot normally claim attorney’s fees from the defendant, but under La.R.S. 37:213.1, they can. In addition, there are venue provisions that arguably can fa-vor the plaintiff, since the plaintiff’s parish of domicile is a venue choice for this cause of action. And instead of a one-year liberative prescription, this cause of action is given a three-year prescrip-tive period. The Legislature seems to be saying, “We are giving unusual (albeit subtle) advantages to plaintiffs in this type of case.”
OTHER LEGISLATIVE SESSION HIGHLIGHTS OF INTEREST:
House Bill 602 (Act 438) — Fee for notary exam raised to $100 from $75.
House Bill 285 (Act 132) — Discovery Responses in Louisiana State Court cases are now due 30 days after they are served rather than 15.
House Bill 635 (Act 635) — “Peeping Tom”, to include the use of drones (UAS).
House Bill 876 (Act 554) — Provides for online filing of documents required to be filed with the secre-
tary of state through the secretary of state’s commercial online computer system. Any filing by an in-
dividual from a parish with a population of 100,000 or less may be filed by facsimile or mail.
House Bill 331 (Act 109) —— Fax-filings can now be deemed complete even if Court does not transmit a receipt.
House Bill 285 (Act 132) — Attorney’s fees now awarded in addition to penalties to the prevailing party in a contempt of court proceeding.
House Bill 709 (Act 363) — Insurance commissioner allowed to appoint employees as ex-officio notaries.
Volume XXXI Issue III The Advocate September, 2016 Page 10
NALA NEWSNALA NEWS By Sandy Pourciaux, ACP
Volume XXXI Issue III The Advocate September, 2016 Page 11
Sandy
LSPALSPA
Volume XXXI Issue III The Advocate September, 2016 Page 12
LOUISIANA STATE PARALEGAL ASSOCIATION PROUD TO BE A NALA
AFFILIATED ASSOCIATION
Volume XXXI Issue III The Advocate September, 2016 Page 13
NETWORKING BY MICHELLE DOMAS
Networking -- it means different things to different people. To some it means making new acquaintances in an effort to
further business endeavors. For others, like me, networking means cultivating relationships for camaraderie, for
communicating ideas and experience, and for providing support and encouragement.
My first legal job was with Domengeaux & Wright. I was hired in 1987 with no prior legal experience. My boss, Robert K.
Tracy, hired me despite my lack of exposure to the legal field. In fact, the only reason he hired me was because I was
related to Vicki Andrus. Vicki, my third cousin, was well-respected at Domengeaux & Wright (and still is, I might add),
where she worked for many years as Anthony “Tony” Moroux’s legal assistant.
Once hired, I was quickly taken under the wing of a group of incredible women. Many of the women were members of
the Lafayette Parish Legal Secretaries Association (LPLSA). I became a member and eagerly jumped in with both feet. As
an active member, I attended seminars and conventions, volunteered to chair various committees, and served as an
officer of the association.
After the birth of my first child, I left Domengeaux & Wright. Through the years I worked at many firms and met many
wonderful people in the legal field, yet I missed the camaraderie I had experienced while employed at Domengeaux &
Wright and as a member of LPLSA.
Eight years ago, I was hired at Ottinger Hebert, LLC. The work atmosphere reminded me of my years at Domengeaux &
Wright. Many of the employees have been at the firm for many, many years. One co-worker just celebrated her 42nd
anniversary with the firm—that speaks volumes for a law firm! After bouncing around from place to place, I finally felt
like I had landed at a great home.
Several women at Ottinger Hebert would attend the monthly luncheon/seminars sponsored by the Lafayette Paralegal
Association. After settling in at the firm, I was invited to join them. The seminars were informative and the luncheons
were always better than any lunch I ever packed from home! Although not a certificated or certified paralegal, I was able
to join LPA based on my years of experience in the legal field and my employment in the role of a paralegal at prior jobs.
One year, I attended the review course for the Louisiana Certified Paralegal Exam sponsored by the Louisiana State Para-
legal Association. The course was a two-day event held in Lafayette. Following the review course, I found myself joining a
study group with Renatti Dupont, Emma Guidry, and Debbie Fontenot to prepare for the Louisiana Certified Paralegal
exam. We studied for several months and eventually we all passed the LCP exam.
Debbie and Renatti were already Certified Paralegals, having passed the exam offered by the National Association of
Legal Assistants (NALA), so their LCP designation was attained automatically after successfully passing the LCP exam.
Michelle Domas is the newest LCP (see article on prior page). The article below was written by Michelle, a member of the Lafayette Paralegal Association (LPA), published in LPA’s Summer, 2016 Newsletter. It is reprinted here with her permission. LSPA encourages membership in local associations, as well as LSPA. One benefit of paralegal associations is the networking opportunities. I thank Michelle for the opportunity to be part of her story and for sharing her story with us. Now that she has attained her LCP she is considering becoming a member of LSPA. Please join me in
encouraging her to do so! — Debbie Fontenot
Volume XXXI Issue III The Advocate September, 2016 Page 14
For Emma Guidry and me, our studying continued because the LCP designation is dependent upon the successful
completion of the Certified Paralegal exam.
Emma, a more diligent student than some (like me!), quickly passed her exam. I, however, was floundering in my
studies, that is, until two more women joined forces to study for the CP exam. Cheryl Dubois, Kelly Rhoades, and I
studied and offered support to one another, while we labored to stay the course and meet our goal. I am proud to say
that we have all passed the CP exam.
For me, LPA is not only an organization that provides educational opportunities for its members, but it also serves as a
conduit for personal and professional growth of its members. Members are able to expand their knowledge of the legal
field while developing connections with others to allow for the exchange of ideas and information. LPA also challenges
its members to strive for national certification, and the association offers an annual scholarship to offset expenses
associated with the Certified Paralegal exam.
Thirty years have passed since I began working in the legal field; however, the friends and acquaintances that I have
made through the years are still a strong example of what networking is all about. Whether I have a question on how to
obtain documents from a government agency, I need a form for a pleading, or even if I just want to hang out and
unwind (while venting about things in the legal field), I would not hesitate to contact friends that I worked with at
Domengeaux & Wright or those that I have met more recently through LPA. That, to me, is networking at its finest --
encouragement, support, and community.
Take the next step in your paralegal career by achieving paralegal certification! Louisiana laws are different
from every other state due to our roots in Napoleonic law. Prove your knowledge of Louisiana law and procedure by
obtaining the Louisiana Certified Paralegal (LCP) credential. To learn more, visit LSPA’s website at www.la-
paralegals.org and click on the LCP Certification tab.
Got questions concerning the LCP exam? Please email [email protected]. LSPA wants to help you
achieve your paralegal career goals!
Volume XXXI Issue III The Advocate September, 2016 Page 15
Active Member — Amelia N. Lanier
Student/Associate Member - Anita Hennigan!
Please join us in saying “Welcome” to lsPa’s two
newest members.
Amelia N. Lanier is the newest active member of LSPA. She is a par-
alegal working at the Louisiana State Board of Ethics. She
works and lives in Baton Rouge.
Anita B. Hennigan is the newest Student/Associate member of LSPA.
Anita is a paralegal student, and is currently living in Mon-
roe.
We are happy you are here and look forward to getting ac-
quainted with both of you in the near future!
Your annual dues for the upcoming 2016-2017 year are due October 1, 2016!
Volume XXXI Issue III The Advocate September, 2016 Page 16
LSPA 2015-2016
OFFICERS/BOARD OF DIRECTORS
CALL NOW! JOIN LSPA TODAY!
For LSPA Membership Application please contact: LSPA First Vice President and Membership Chair, Cindy Haggerty-Horne
E-mail: [email protected] Or visit LSPA’s web site at http://www.la-paralegals.org & click on the Membership tab.
President Deborah P. Fontenot, ACP, LCP [email protected]
First Vice President
Cindy Haggerty-Horne, CP [email protected]
Secretary
Anita Wing [email protected]
NALA Liaison
Sandy Pourciaux, ACP [email protected]
Chair, LCP Certifying Board Jessie L. Cormier, CP, LCP
President- Elect Vacant
Second Vice President Leslie Baiamonte
Treasurer
Karen McGee, ACP [email protected]
Parliamentarian Jimmie Murvin
Volume XXXI Issue III The Advocate September, 2016 Page 17
LSPA COMMITTEE CHAIRS 2015 - 2016
Awards - Debbie Billiot [email protected]
Continuing Legal Education/Seminars – Leslie Baiamonte, [email protected]
Nominations &Credentials - TBA
Executive - All Elected Officers
Finance and Budget – Karen Greer McGee, ACP [email protected]
Fundraising – Jessie Cormier, CP, LCP [email protected]
Historian/Archives/Scrapbook — Jessie Cormier, CP, LCP [email protected]
LCP Review Course — Rebecca Arceneaux, [email protected]
Lobbying – Debbie Billiot [email protected]
Long Range Planning — All Past Presidents
Marketing — TBA
Media Relations Sub-committee — (PSA) - Camille Moran, CP cara-
Promotions Sub-committee — TBA
Membership — Cindy Haggerty-Horne [email protected]
Professional Development — TBA
Scholarships — Tracy Owens Jackson, [email protected]
Sponsors/Vendors — Rhonda K. McMcManus [email protected]
Technology Committee — Robert “Bob” Jullens, CP, LCP [email protected]
Website — Jessie Cormier, CP, LCP [email protected]
Volume XXXI Issue III The Advocate September, 2016 Page 18
TIPS AND TRICKS
from Bob Jullens, CP, LCP, NP LSPA Technology Chair
Bob Jullens, CP, LCP, NP, has been a paralegal with Michael C. Palmintier of the Baton Rouge law firm of deGravelles, Palmintier, Holthaus & Frugé , practicing in the field of plaintiff personal injury, since 1996. He can be reached at [email protected] or by visiting www.palmintierlaw.com.
My article: What to do with your flooded computer. Cry………….Throw it away. End of article
THE BOARD OF LSPA
Would like to Recognize our Members
and other residents of Louisiana
that sustained devastating damage to their
homes, businesses, and to their hearts.
Many people lost so much in such a short time.
Remember, we are praying for you and thinking about you.
We will overcome. We will rebuild; stronger and better.
WE ARE
LOUISIANA STRONG!!
Volume XXXI Issue III The Advocate September, 2016 Page 19
Many Thanks
to our Newsletter Sponsors!
Diagnostic Imaging
Services, Inc.
See Page 25
Volume XXXI Issue III The Advocate September, 2016 Page 20
Thank you to LSPA Newsletter Sponsor Diagnostic Imaging Services, Inc.
Volume XXXI Issue III The Advocate September, 2016 Page 21
Out Of Sight, Out Of Mind?
Handle Paper And Files With Three Easy Decisions
Do the piles of paper and stacks of files on your desk seem to multiply and take on a life of their own?
Are you afraid to put anything away because you might forget about it?
When you open your mail, do you think, “I’ll just put it here for now”?
Does the ‘put it here for now’ pile keep growing?
If you answered ‘Yes’ to any of the above, you are delaying making decisions. This delay results in increased clutter on your desk. The clutter leads to overwhelm. Overwhelm leads to decreased productivity. You can see that this all leads to nothing good. There are only three decisions you have to make: Decision No. 1: What to do with your mail. When your mail comes in, go over it by your trash can and take one of the following actions:
Toss it. If you don’t need it, throw it in the trash (which may include shredding or recycling). The more you throw away, the less you’ve got to take care of. You win!
Delegate It. If someone else can do it, pass it on.
Do It Now. If this is something that can be done in two minutes or less, do it NOW. This may mean actually doing the task or scheduling the task in your planner or putting it on your ‘to do’ list.
Do It Later. If this is something that you will need later, can’t take care of right now, or it will take you a while to finish it, move on to Decision No. 2.
Keep It Forever. If this is something you need to hang on to, move on to Decision No. 3 Decision No. 2: When do you need to see it again? When you’ll need to refer to the paper in the future (such as an invi-tation or a map) or you need to remember to take action on a specific date, you’ll need a tickler file. This is what you do:
Gather these supplies:* A drawer or a box that will accommodate hanging files 43 hanging file folders 43 hanging file folder tabs, 31 of one color and 12 of another color Your favorite pen or Sharpie
Take these steps: Write the twelve months on 12 tabs of one color; insert them down the left side of 12 hanging folders.
Volume XXXI Issue III The Advocate September, 2016 Page 22
Write the numbers 1-31 on the 31 tabs of the other color; insert them in the remaining 31 hanging folders, stag-gering them in positions other than the left so you’ll be able to see them at a glance.Put the folders in your draw-er or box:
Whatever month you’re beginning with (as I write, this is February), put that month tab in the front of the drawer with the numbered folders for the rest of the month behind it (ie 27 through 31, even though February does not have 31 days).
Behind those is the folder for the next month (March) followed by the files numbered 1-26.
Behind that are the folders for the remainder of the year.
File your papers according to when you will need them, allowing time to finish the project. For instance, if your deadline is March 25th and you think the job will take two days, put the paper in the March 23rd folder. If you just need to remember to do something in June, drop it in the June file.
Begin every day with the folder of the day and then move it. When you’re through with a day, move it to the back of the next month.
Near the end of each month, go through the papers that have been dropped in the next month’s folder and put them in the appropriate date. Again, allow for time to finish your project.
Decision No. 3: If you need to keep it forever, file it. Here are some hints for your filing
Do you really need to keep it forever? Organizing experts say that you refer to only 20% of what you file. The remaining 80% is unnecessary and never looked at again. Don’t fill your filing cabinets with that 80%….this includes multiple copies of the same document.
Don’t overstuff the file drawers. Keep two inches of empty space in each drawer so that you can get files in and out without landing in the emergency room.
Use an incline desktop sorter. If you have stacks of files on your desk that can’t be put away be-
cause you’re working on them, put them in an incline desktop sorter. They’re available at any office
supplier. This will keep the files visible and easy to find. You’ll also be less likely to lose them or forget
them.
Your challenge: Resolve to make a decision about every piece of paper when it comes into your office. Do not ‘put it
here for now.’ Making decisions will lead to huge benefits. When you walk into an office that is free of clutter…when you
no longer waste time looking for papers and files…when you no longer miss deadlines…you will feel less stressed and
you will get more work done in less time. Take the time you save for continuing education, a vacation, or to just chill out.
You’ll be a better paralegal in the long run.
“The Paralegal Mentor”, delivers simple strategies for paralegals and other professionals to create success and satisfaction by set-ting goals and determining the direction they will take their careers. Vicki spotlights resources, organizational tips, ethics issues, and other areas of continuing education to help paralegals and others reach their full potential. She publishes a bi-weekly ezine titled
Strategies for Paralegals Seeking Excellence. More information is available at http://www.paralegalmentor.com/
This article hit home for me! I think we are all overwhelmed by the amount of paper that crosses our desk. I hope you find this article as interesting and helpful and I did. I may not adopt all of her suggestions, but there are a lot I will use! — Debbie Fontenot
Volume XXXI Issue III The Advocate September, 2016 Page 23
Louisiana State Paralegal Association, Inc. BENEFITS OF MEMBERSHIP IN LSPA
Promotion of the paralegal profession, paralegal education, and ethical conduct for paralegals in the State of Louisiana and specifically in cooperation with local and state bar asso-ciations
Networking opportunities with other paralegals throughout the State of Louisiana.
Free subscription to LSPA's quarterly newsletter, The Advocate, which is prepared especially for Louisiana paralegals, contains information on CLE, organization activi-ties, professional achievements, local paralegal association activities, and features regular articles and columns of special interest to paralegals.
Two annual statewide continuing education opportunities which are specific to para-legal education interests and needs, plus a yearly LCP Review Course which also serves as CLE and the preparation for paralegals desiring to take the LCP exami-nation, all of which offer reduced tuition benefits to LSPA members.
Affiliation with the National Association of Legal Assistants, Inc.
Acknowledging and rewarding paralegal excellence through various awards such as LSPA's Outstanding Paralegal of the Year Award, the Meritorious Service Award, and Service Achievement Award.
Take advantage of a statewide Job Bank available and accessible to LSPA members only.
A Lobbying Committee which actively and continuously monitors legislation and jurisprudence that could in any way affect the paralegal profession in Louisiana and which stands ready to lobby for paralegal interests in our state.
Website which provides LSPA's history, mission statement, membership applications, news, activities, LCP examination schedules, seminar schedules, and legal links.
Administration of the LCP (Louisiana Certified Paralegal) examination, which provides an opportunity for Louisiana paralegals to demonstrate their high level of knowledge of Louisiana law (connected to NALA's CLA examination)
For further information on joining LSPA, please contact LSPA First Vice President, Cin-dy Haggerty-Horne @ [email protected].
Volume XXXI Issue III The Advocate September, 2016 Page 24
MISSION STATEMENT
The Louisiana State Paralegal Association, Inc., as the leader of the para-legal profession in Louisiana, is dedicated to the advancement and betterment of the paralegal profession throughout the State of Louisiana and in general. LSPA strives to increase the recognition of the paralegal field by promoting the benefits of effective and increased utilization of paralegals.
Working diligently to maintain the integrity of the profession, LSPA promotes high ethical standards for its membership and also offers a voluntary certifica-tion examination to identify Louisiana paralegals who have demonstrated a high degree of competency in the profession. LSPA also promotes continuing legal ed-ucation for its members. Further, LSPA is dedicated to providing a network of professional support to paralegals in their careers.
Inquiries are welcome concerning LSPA Membership
(Voting, Student, Associate, or Sustaining Membership)
Inquiries should be sent to LSPA First Vice President,
Cindy Haggerty-Horne, at [email protected]..
MOVED? CHANGED E-MAIL ADDRESS?
Please let us know where to send your next issue of The Advocate!
Please use the Change of Address Form found on the last page of this newsletter.
You may either mail it to LSPA, P. O. Box 51690, Lafayette, LA 70506; or email to
LSPA First Vice President, Cindy Haggerty-Horne, at [email protected].
Volume XXXI Issue III The Advocate September, 2016 Page 25
Lafayette Paralegal Association Recent Seminars
September 22, 2016 - Paralegal Week Social and Membership Drive - Petroleum Club
October 20, 2016 -
"Jury Selection and Voir Dire" by Jo Ellen
Livingston, Ph.D.
November 17, 2016 - "Medicaid Planning" by Attorney Steven
M. Jankower
UPCOMING LPA
EVENTS
Volume XXXI Issue III The Advocate September, 2016 Page 26
Volume XXV, Issue January 2016
For more information on the New Orleans Paralegal Association See http://www.nopa.onefireplace.com
Volume XXXI Issue III The Advocate September, 2016 Page 27
Many Thanks To Our Sustaining Members
Volume XXXI Issue III The Advocate September, 2016 Page 28
Paralegals are Always Swamped!
Exclusive LSPA T-Shirts!
.
Louisiana State Paralegal Association www.la-paralegals.org
ORDER FORM Poly-Cotton T-Shirt
Small, Medium, Large and XL -- $15.00 each
XXL -- $16.00 each
Number of shirts ______ Size_________
Color of T-shirt: Ash grey _____ Natural _______ Sand _______
Name: ________________________________________________________________
Address: _____________________________________________________________
Phone: ______________________________ Fax: ____________________
Email: _______________________________________________________
Send completed order form with payment (check or money order payable to LSPA) to:
Jessie Cormier, CP, LCP
La. State Paralegal Assn.
P. O. Box 51690
Lafayette, LA 70505
Phone: 337-232-9700
email: [email protected]
Refund policy: No refunds are permitted.
FEELING SWAMPED LATELY?
I hope you are not feeling this way due to the devastating flooding that affected South Louisiana in August,
2016! Whether you were personally or professionally affected by the flooding, you might want to treat yourself
to a “Paralegals are Always Swamped” t-shirt! You might have a friend or co-worker who needs a little “pick
me up”. Look for the order form in this issue of The Advocate. Or, just print one off LSPA’s webpage, fill in
the details and mail it with your check.
Volume XXXI Issue III The Advocate September, 2016 Page 29
Applying for: See explanation of Membership Classification * below. All members are bound by the Code of Eth-ics of LSPA and by the NALA Code of Ethics and Professional Responsibility.
O New Membership O Renewal, Same Classification O Renewal, Classification Change
Applying for: (PLEASE INDICATE CLASSIFICATION EVEN IF APPLYING FOR RENEWAL)
O Voting Membership - $50.00 O Associate/Student Membership - $35.00
O Sustaining Membership - $60.00
DUES MUST ACCOMPANY APPLICATION – Make checks payable to Louisiana State Paralegal Association.
Article 5.3 of the By-Laws of the Louisiana State Paralegal Association provides for annual dues to be paid on or before October 1s each year. Any member in default is to receive a second notice and if payment is not received by December 1st of the current year, they will be deleted from the membership roster.
Full Name: ________________________________________________________________________
Name if Different in Prior Membership: _________________________________________________
Residence Address: _________________________________________________________________
City/State/Zip/Parish: _______________________________________________________________
Check here if this is a new address O
Email Address (Personal): ______________________________ Home Phone No.: __________________
Employer: __________________________________________
Immediate Supervisor: _________________________________
Office Address: _______________________________________________________________________
City/State/Zip/Parish: __________________________________________________________________
Office Phone No.: ___________________________________ Office Fax No.: ___________________
Email Address (Office): __________________________________________________________________
I prefer to receive LSPA mail at my (check one): O Personal Address O Office Address
I prefer to receive LSPA email at my (check one): O Personal Email O Office Email
EDUCATION
High School/City, State: _________________________________________________________________
College/City, State: ____________________________________________________________________
Highest Degree Attained: ________________________________________________________________
Paralegal School/Program: ______________________________________________________________
Louisiana State Paralegal Association, Inc.
An Affiliate of the National Association of Legal Assistants, Inc.
2016—2017 Application for Membership
Visit LSPA’s website at www.la-paralegals.org
Volume XXXI Issue III The Advocate September, 2016 Page 30
My area of paralegal work is:
O Administrative O Bankruptcy O Collections O Corporate
O Criminal O Family O Litigation O Probate
O Real Estate O Tax O Other (specify:________________________)
Current professional or business organization memberships:
_____________________________________________________________________________________
_____________________________________________________________________________________
Check the most appropriate description of your employer(s):
O Corporate Law O Government Agency O Judicial Agency/Court
O Private Law Office O Non-Profit Corporate Law Dept.
O Other: _______________________________________________
In my agency/department/firm, there are: # of Attorneys ___________ # of Paralegals _____________
Committee Assignments:
I would be willing to serve on the following committees (check all that apply and indicate your preference by noting your first
choice as #1, second choice as #2, etc.). You will be assigned to one of the committees of your choice:
O Awards # _____ O Continuing Legal Education # _____ O Finance/Budget # _____
O Credentials # _____ O Job Bank # _____ O Historian/Scrapbook # _____
O Lobbying # _____ O LCP7 Review Course # _____ O Membership # _____
O Newsletter # _____ O Program # _____ O Professional Development # _____
O Publications # _____ O Scholarship # _____ O Marketing # _____
O Speakers Bureau # _____ O Advertising # _____ O Long Range Planning # _____
O Technology # _____ O Compensation/Utilization Survey # _____
Paralegal Certificate: O Yes O No Date Attained: ________________________________________
Name of School/Program: _______________________________________________________________
CLA/CP: O Yes O No Date Attained: ______________________________________________
CLAS/ACP: O Yes O No Date Attained: ______________________________________________
Area of Specialty: _____________________________________________________________________
LCP: O Yes O No Date Attained: _____________________________________________
All members please respond: Are you a practicing paralegal? O Yes O No
If yes, how long: ______________________________________________________________________
Page 2
Volume XXXI Issue III The Advocate September, 2016 Page 31
Have you ever pled guilty, no contest, and/or have been convicted of a felony (whether or not it has been expunged): O
Yes O No
If “Yes”, briefly explain: ________________________________________________________________
____________________________________________________________________________________
I hereby attest the information supplied by me is true and correct.
Signed: _______________________________________________ Date: _____________________
LSPA Member Since: ____________________________________
IF YOU ARE A RENEWING MEMBER STOP HERE
NEW MEMBERS ONLY:
Name of the LSPA member who recruited you: ______________________________________________
MEMBERSHIP CLASSIFICATIONS*: If you are applying for a voting membership or requesting a change of classification on the
basis of sections A(3), (4), or (5) of the membership qualifications, please complete the Attorney/Employer Attestation.
A. VOTING MEMBER: Any individual who meets at least one of the following requirements may become a voting member.
Please mark the classification that applies to your education and/or experience:
O 1. Any individual who has graduated from an ABA-approved program of study for legal assistants;
O 2. Any individual who has graduated from a course of study for legal assistants which is institutionally accredited but not ABA-
approved, and which requires not less than the equivalent of 60 semester hours of classroom study;
O 3. Any individual who has graduated from a course of study for legal assistants other than those se forth in (1) and (2) above, who also has at least one year of experience as a legal assistant under the supervision of a licensed attorney who attests such per-
son is qualified as a legal assistant;
O 4. Any individual who has attained a Bachelors Degree in any field and has at least one year of experience as a legal assis-
tant under the supervision of a licensed attorney who attests such person is qualified as a legal assistant;
O 5. Any individual who has at least three years of experience as a legal assistant under the supervision of a licensed attorney
who attests such person is qualified as a legal assistant;
O 6. Any individual who has successfully completed the Certified Legal Assistant (CLA) exam administered by the National Associ-
ation of Legal Assistants;
A VOTING MEMBER shall be entitled to one vote on all matters which require vote of the members of the Association and shall have the right to make motions and hold office subject to the further requirements set forth under Art. V, 5.1.a of the Bylaws of the Louisiana
State Paralegal Association.
B. ASSOCIATE/STUDENT MEMBER:
O 1. A student in good standing in any approved university, college, junior college or other approved school for pursuing a course
of studies as a paralegal; provided that all such schools and curricula shall be subject to the approval of this Association;
O 2. Any working paralegal who does not meet the qualifications for voting membership.
Page 3
Volume XXXI Issue III The Advocate September, 2016 Page 32
LSPA Membership CHANGE OF ADDRESS FORM
Name _______________________________________________
Preferred Mailing Address _____________________________________________
City, State, Zip code _____________________________________
Telephone Number ____________________________________________________
Preferred E-Mail Address ____________________________________________
Please send this completed form to Debbie Fontenot at [email protected]
or mail to P. O. Box 21690, Lafayette, LA 70506
Louisiana State Paralegal Association
Post Office Box 51690 Lafayette, Louisiana 70505
We Are On The Web:
http://www.la-paralegals.org
Did You Know?
There are several ways to contact the Louisiana State Paralegal Association and to keep up with upcoming events:
www.linkedin.com/LaStateParalegalAssn
www.facebook.com/lastateparalegalassn
www.la-paralegals.org
Louisiana State Paralegal Association would like to encourage you to check out our website at http://www.la-paralegals.org. You will find Information about LSPA including our Officers and Committees; how to obtain LCP Certification; News and Events; how to contact LSPA, and more.