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Fall September 2012
Volume 2, Issue 2
The GWU Paralegal Sentinel
Officers:
President:
Christine Villareal
Vice President
Pascalle Goddard
Administrator/Secretary
Dani Wisch
Financial Officer/ Treasurer
Pascalle Goddard
Board of Director:
Dani Wisch – Distance
Students
PR Executive
Vacant until 2013
Vice President, Distance
Students
Jackie Van Dyke
Newsletter Editor
Pamela Heathcote
Ethics 2
Social Media 3
Puzzle 4
PSA Events 5
Miscellaneous 6
Social Media 7
Social Media & Ethics Technology and the Internet have made a significant impact on our lives in the past decade. We are the maestro of our own social media in the quest for social discovery, and possibly that of a law firm or corporation. Take time to recognize the reading audience of the blog, Facebook® page, email or tweet you are responsible to post. How do we avoid errors in judgment that could ultimately cost us a job or even our careers? Read on to learn more from legal professionals across the nation.
Lex mercatoria – a body of oral, customary law developed in medieval Europe (since 1874) that was uniformly administered by merchant judges adjudicating among merchants.
Jura Summi imperii – rights of supreme dominion; rights of sovereignty
Judicium Dei – God’s supposed judgment on the merits of the case, made manifest by the outcome of an observable event. Examples dating from Norman times were the trial by combat and the ordeal.
The GWU Paralegal Sentinel Page 2 of 7
Two national organizations lead the standard for paralegals with regard to ethics: the National Association for Legal Assistants, Inc. (NALA) and the National Federation of Paralegal Associations (NFPA). Our coverage of the canons continues:
NALA’s Code of Ethics and Professional Responsibility – Canon 4.
“A paralegal must use discretion and professional judgment commensurate with knowledge and experience but must not render independent legal judgment in place of an attorney. The services of
an attorney are essential in the public interest whenever such legal judgment is required. ”
NFPA’s Model Code of Ethics and Professional Responsibility –EC 1.4
“A paralegal shall serve the public interest by contributing to the improvement of the legal system and delivery of quality legal services, including Pro Bono Publico services and community service.”
(a) A paralegal shall be sensitive to the legal needs of the public and shall promote the development and implementation of programs that address those needs.
(b) A paralegal shall support efforts to improve the legal system and access thereto and shall assist in making changes.
(c) A paralegal shall support and participate in the delivery of Pro Bono Publico (c) services directed toward implementing and improving access to justice, the law, the legal system or the paralegal and legal professions.
(d) A paralegal should aspire annually to contribute twenty-four (24) hours of Pro Bono Publico services under the supervision of an attorney or as authorized by administrative, statutory or court authority to: 1. persons of limited means; or 2. charitable, religious, civic, community, governmental and educational organizations in matters that are designed primarily to address the legal needs of persons with limited means; or 3. individuals, groups or organizations seeking to secure or protect civil rights, civil liberties or public rights.
(e) The twenty-four (24) hours of Pro Bono Publico services contributed annually by a paralegal may consist of such services as detailed in this EC-1.4(d), and/or administrative matters designed to develop and implement the attainment of this aspiration as detailed above in EC-1.4(a) B (c), or any combination of the two.
View NALA’s Code: www.nala.org
View NFPA’s Model Code: www.paralegals.org
Editor’s Focus
On June 15, 2012 the Washington Supreme Court released Order No. 25700-A-
1005, more commonly known as Limited Practice Rule for Limited License Legal
Technicians. The rule establishes certification requirements and the framework for
licensing and regulation of non-attorneys to engage in activities that fall under
“the practice of law.” Washington’s Practice of Law Board began working on this
rule in 2008 in response to the ever-growing gap in necessary legal and law
related services for low and moderate income persons. Do you believe this rule
will eventually lead to paralegal representation in courts other than
administrative agencies e.g. Internal Revenue Service; the Immigration and
Naturalization Service and Social Security Administration?
**** Write to the Sentinel’s Editor with your comments at: [email protected]****
The GWU Paralegal Sentinel Page 3 of 7
The rise of social media can be compared to a meteor heading for earth, bright, glowing, speeding faster than the Amtrak between Philadelphia and NY City. Google’s® inauguration was in 1998; Facebook® launched in 2003; LinkedIn® was unleashed in 2004; YouTube™ began in 2005 and Twitter® was unveiled in 2006. Collectively and individually, these social media sites house the intellectual property of hundreds of millions of users. Have you considered how the law impacts the use of these sites and what your responsibilities are as a paralegal? Will the photo you post on Facebook® while at the company party last weekend affect your job? You write a blog based on sexual harassment you experience at work detailing the event. Should you be concerned about what is posted? Can your intent and mindset be used in an investigation? If you send an email while at work on a site that is password protected – do you have a right to privacy? Can you “friend” clients if you work under attorney supervision? Does the Fourth Amendment provide privacy under any of these circumstances? Think Before Posting We only get one chance to make a first impression. Your social presence sends a message to your colleagues and potential employers – it can either be positive or negative. Every time you post onto your social media site, information could follow you forever. Employment background checks include social websites to learn about prospective job candidates. Resumes and LinkedIn® profiles should match with regard to dates of employment and job descriptions; differences could possibly need an explanation. Make sure to regularly clean up any derogatory comments or photos from Facebook® and Twitter® that paint a dark portrait of you. If you are unsure, engage the assistance of a professional recruiter or a savvy friend. Know the Law Attorneys, paralegals and public relations personnel across the country have written about the pros and cons of social media. Unwary individuals can end up on the losing side of litigation in discrimination, fraud, conspiracy and / or negligence lawsuits. In Quon, Justice Scalia commented that the mindset “the-times-they-are-a-changing is a feeble excuse for disregard of duty.”1 Exceptional ethical behavior in the legal community is an expected part of the paralegal skill set. Always remember, paralegals are bound to the same ethical rules as attorneys. A “best-practice is to familiarize yourself with the Bar Association rules and regulations in your State, as each one are different. This link is to a list of State Bar Associations and relevant contact information nationwide: http://www.monroebar.org/pages/Address%20Information_1.html. Elona M. Jouben, MPS has crafted a brilliant article about a paralegal’s responsibility interacting with “clients, colleagues, opposing counsel, prospective jurors, the judiciary, and the public at large” according to Florida law and her professional experience. Elona’s article provides profound and sensible insight on this issue and can be accessed at her Box account: (https://www.box.com/s/0ee6e2ba07cc34216893). Her advice is to use discretion if you decide to “friend” a client but your wisest choice is not to do it all.
Social Media and Ethics
Continued on page 7
The GWU Paralegal Sentinel Page 4 of 7
Communication Platforms
The GWU Paralegal Sentinel Page 5 of 7
PSA Affiliate ~ NCAPA News
NCAPA is taking applications for their PACE and PCC scholarships. Scholarship recipients will win a one-time award to cover the cost of PACE or PCC exams. Application deadline is Wednesday October 31st. For more information visit www.ncapa.com ∞ ∞ ∞ ∞ ∞ ∞ Look for Paralegal Week Event Itinerary – 1st week in October – to celebrate the contributions and dedication of paralegals to the legal community. NCAPA joins the Mayor of DC and governors from VA and MD who recognize the value of paralegals!
PSA is partnering with NCAPA’s Pro Bono Committee for the launch of the “Officer Buddy Bear Program”. Fire, police and emergency departments will carry teddy bears donated by the paralegal community. The bears will be given to children who have suffered through a disaster or upsetting domestic situation.
GWU Student Paralegal Association Upcoming Events
e would like to thank Steven Berk, USPTO Trademark Examining Attorney for taking the time to teach GWU students, alumni and PSA affiliates – Katalin Gaitan, Pascalle Goddard, Edma Khishigdelger, Heather Lee, Ron Neblett, Diana Sung and Christine Villareal – about the inner workings of the USPTO.
RSVP to Christine Villarreal for all events at: [email protected]
PSA Professional Development Event
Paralegal Cover Letter and Resume Writing Workshop Learn what recruiters, managers & employers are looking for in a
paralegal and tips to improve your writing skills. Thursday, December 6th at 6:00 p.m. GWU Foggy Bottom Campus
RSVP by Wednesday, December 5th ***Event will be videotaped and placed online***
Daylight Savings
begins November 4th
It’s Grateful Friday!!
Today PSA is grateful to faculty, students and alumni who made our 2
nd annual ice cream
social a big success!
Recent……..
CONTACT
Jackie Van Dyke [email protected]
Annual Membership Dues are
due in the fall.
Pay by check or money order
in the amount of $20.
MAIL TO:
GWU PSA
805 21st Street NW
Suite 301
Washington, DC 20052
Welcome New Members
Emily Anderson
Jackelin Castro
Sarah Coats
Troy Garcia
Brenda Gilmore
Heather Lyons
Luis Nieves
Daniel McOwen
Answer to Jumble: Social Media Is Still About People
The GWU Paralegal Sentinel Page 7 of 7
Constitutional Right to Privacy
Digital word of mouth is a powerful tool and is expected to top $3 billion in sales in 2013. Facebook®, Google®, LinkedIn®, MeetMe®, Tagged©, Pinterest® and Twitter® are each governed by a contract for a new subscriber to accept before access is granted to the community. The contracts include terms & privacy provisions and copyright & trademark rights governed by the Digital Millennium Copyright Act of 1998. The privacy afforded each subscriber to those contracts is governed by another federal law known as the Stored Communications Act, 18 U.S.C. §§ 2701 – 2711(1986) (SCA).1 In your home, the Fourth Amendment offers utmost in privacy. Given most circumstances, a search warrant must be obtained before law enforcement can search your home. When we use a computer, there is not a definitive private space. Actually, the network accounts we use consist of a block of space provided by a third party service provider. Our confidential and private communication is stored on another computer somewhere by a third party. There are three reasons to consider why the Fourth Amendment may not offer any privacy regarding Internet usage. 1) Whether and when Internet users can retain a “reasonable expectation of privacy.” Repeated decisions by the Supreme Court demonstrate that they do not consider communication delivered in the presence of a third party to be private.2 Several courts have followed the same line of reason. Indeed, the Freedom of Information Act, 5 U.S.C. § 552 requires third parties, like Facebook®, to disclose records requested in writing by any person vis-à-vis a background check. Conversely, if you find yourself conducting due diligence for an employer, records can be requested in writing by email, fax, and mail or in person from the FOIA Office, a division of Health and Human Services, 5600 Fishers Lane, Room 6C-18, Rockville, MD 20857. Fax: 301-480-5285 Email: [email protected]. 2) ISP third-party service providers are corporations which means a court order can compel discovery.3 The importance of this discovery method under the Fourth Amendment is important to understand – government officials can issue a subpoena compelling disclosure of records even when a “reasonable expectation for privacy exists. There is no requirement for probable cause. 3) Most ISP’s are private commercial service providers not government businesses.4 Again, the private search doctrine of the Fourth Amendment allows for a search or seizure of records or property of a private party without violating Fourth Amendment privacy protections.
1 18 U.S.C. § 2701 et. seq.
2 Kerr, Orin S. The George Washington University Law School Public Law and Legal Theory Working Paper No. 68. Available at:
http://courses.ischool.berkeley.edu/i205/s10/readings/users-guide-SCA.pdf 3 Id.
4 Id.
