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Findings & Conclusions 1
Findings & Conclusions
President’s Cornerby: Brenda Cothary
All eyes are on Washington after the June passage by the Washington Supreme Court of APR 28, the Limited License Legal Technician Rule (LLLT). Within hours of its passage, I was contacted by several organizations to write articles giving my impressions of the effect of the Rule on Washington paralegals and the profession as a whole. Trust me when I say, all eyes are on Washington right now, waiting to see how the LLLT is set up. There is no other state with a rule similar to APR 28. Washington has the opportunity to lead the nation in expanding legal services to our citizens. What a great time to be a paralegal in Washington! In the coming months, the Washington State Bar Association (WSBA) will be setting up the LLLT Board, which will outline the details of the rule. The Board will set up Rules of Professional Conduct, disciplinary procedures, continuing education requirements, develop an exam and define exam parameters, establish fees, etc. The Board will also
be responsible for determining an area of the law in which to license LLLT. As you know, several pilot projects were conducted by the Practice of Law Board before presenting the Rule to the Supreme Court to see which areas of law were most feasible for this type of program. All discussions indicated family law was most conducive to this type of licensing, but the final determination rests with the LLLT Board and Supreme Court. I anticipate this will be a slow process, as it is uncharted territory. I would hope that by January those qualified could begin applying for admission. Stay tuned for more exciting information as the program is developed!
On July 14 the WSPA Board met at the office of Forsberg & Umlauf in Seattle for its annual “retreat.” Although we no longer go out of town for a planning meeting, I still use the term “retreat” because we do work all day to plan for WSPA’s future. First, I want to thank NFPA’s Region 1 Director, and former WSPA President, Theda Yandell, for hosting us at her office. It was great to be centrally located and have some modern conveniences at our disposal.
Several exciting things will be happening in the next year. First, we have added some new member benefits. Look for additional information in email, snail mail, and this newsletter about death and dismemberment insurance, translation services, and others. Additionally, WSPA Management will begin using icontact to send emails to our members. Most of you probably didn’t notice, but many emails were not reaching intended recipients. It was very frustrating for those of us who took the time to draft emails for our chapters or specific groups, only to find most didn’t reach anyone. Our email addresses will be the same, but hopefully, you will hear from us more regularly with the new system. Speaking of new, it’s about time to overhaul the WSPA website and logo.
(Continued Page Three)
Our Mission: To enthusiastically support and promote the paralegal profession in the State of Washington.
President’s CornerPage 1
Management ReportsPage 3
Military ParalegalPage 10
E-Discovery No-NosPage 11
A Bi-Monthly Newsletter Volume 27 Issue 4 July/August 2012
2012 WSPA President Brenda Cothary
Prolumina: Courtroom ChecklistPage 12
Recruitment ContestPage 16
Open Letter to WSPA MembersPage 19
Membership FormsPage 20
When you join WSPA you also become a member of NFPA. Here are just two of the many exclusive benefits WSPA/NFPA Members enjoy:
WSPA BENEFITDell – Take an additional 7% off generally advertised Dell Products.
NFPA BENEFITLorman Education Services and NFPA have arranged a 30% discount on CLE and bookstore items.
Information about these benefits may be found in the Members Only section of our WSPA website, www. wspaonline.org, and the NFPA website, www.paralegals.org
F I N D I N G S & C O N C L U S I O N S
2 Findings & Conclusions
Administrator
Administration Services, Inc.PO Box 58530Seattle, WA [email protected]
Officers
PresidentBrenda [email protected]
Vice-PresidentMembership
Terri [email protected]
Vice-President Professional Development
Brian Haberly, [email protected]
SecretarySarah [email protected]
Treasurer Julianne [email protected]
Immediate Past PresidentBrian Haberly RP
Management Directory
NFPA Representatives
NFPA Primary RepresentativeSue [email protected]
Secondary RepresentativeJeanenne [email protected]
Secondary AppointeeJennifier Provalenko, RP
Directors
East King Co. [email protected]
Northwest Director Jennifier Provalenko, [email protected]
Seattle [email protected]
Snohomish Co. Chapter Director [email protected]
Spokane Chapter Director Elena [email protected]
South King CountyJerri [email protected]
South Puget SoundMisty [email protected]
Director At-Large, WestSue [email protected]
Committee Chairs Certification CoordinatorHelen Halloran, [email protected]
CLE Approval CoordinateorStephanie [email protected]
Job Bank [email protected]
Marketing &CoordinatorDonna [email protected]
Pro Bono CoordinatorJeanenne [email protected]
Newsletter EditorJay [email protected]
Newsletter CoordinatorMichelle [email protected]
Military Paralegal Outreach Coordinator Jeanenne [email protected]
Definition of a Paralegal – as defined by NFPA and WSPA
A Paralegal is a person, qualified through education, training or work experience to perform substantive legal work that requires knowledge of legal concepts and is customarily, but not exclusively, performed by a lawyer. This person may be retained or employed by a lawyer, law office, governmental agency or other entity or may be authorized by administrative, statutory or court authority to perform this work. Substantive shall mean work requiring recognition, evaluation, organization, analysis, and communication of relevant facts and legal concepts
F I N D I N G S & C O N C L U S I O N S
Findings & Conclusions 3
(President’s Corner Continued from Page One)
The website has a lot of outdated information and isn’t easy to navigate or find things quickly. In addition, we are hoping to use an integrated payment processing system, so you no longer have to leave the WSPA website and go to Acteva to pay. It is our hope the website will be more user-friendly and easier to update for all of WSPA management. Look for more details coming soon. Additionally, we are updating the WSPA logo. I have been a member since 2001 and we have had essentially the same logo the entire time. We are hoping to offer something fresher and more modern, but still keep our brand. Again, we are in the research and development stage. I will keep you apprised.
The Board voted to re-appoint Sue Beichley as NFPA Primary Representative and Jeanenne Rutherford as NFPA Secondary Representative. Jennifier Provalenko, RP was named NFPA Secondary Appointee. At this point, Sue and Jennifier will be representing WSPA at the NFPA convention. We discussed open positions for WSPA management. Current openings include: Vice President of Professional Development, Seattle Chapter Director, Snohomish Chapter Director, East King County Chapter Director, and Job Bank Coordinator. If you are interested in any of the openings, please contact me at: [email protected] for more information. I will also be posting information about the openings and duties on Facebook, Linked-in and the WSPA Job Bank. Serving as a member of WSPA management is a great way to get involved in the day to day operations of the association, boost your resume, and shape the profession. I encourage you to get involved!
Also discussed was the Fall Continuing Education Seminar. I am happy to say it will still be held in conjunction with Paralegal Week. As soon as we have the final declaration from the Governor, I will share the dates. I hope you show the Proclamation to your employer and encourage them to celebrate you and all you do! The Fall Seminar will have a different format this year. We will be hosting it on a Saturday in downtown Seattle. We will still have outstanding speakers and networking opportunities. We are hoping that by holding it on a Saturday more paralegals will attend, especially those who don’t get the opportunity to leave their office during the work week. We are also hoping to bring in some
new speakers and different topics. More information will come!
I thank each of you for your commitment to WSPA and the paralegal profession. We are evolving and growing by leaps and bounds. I hope you enjoy y o u r s u m m e r !
NFPA Primary Reportby Sue Beichley
NFPA’s new website has rolled out. Have you had a chance to look through it? There are some changes, if you have not gotten on the new website. You will sign in using the email address WSPA has in their database. If this is your first time, you will need to request a password. A temporary password will be sent to your email address. You may then change your password. There will be no different passwords as there have been in past.
NEW NFPA MEMBER BENEFITS!
Lorman Education Services and NFPA have arranged a 30% discount on both CLE and bookstore items for NFPA members. Sign in and visit the Member Benefits page for the details!
NFPA and NNA (National Notary Association) have joined forces. NFPA members will be entitled to a membership at a reduced rate of $39.00. For more information, please look under Member Benefits in the Members Only section.
ANNOUNCING THE PCCE™ REVIEW COURSE
NFPA and the Advanced Paralegal Institute (API) are jointly offering the online review course for the Paralegal CORE Competency Exam™ (PCCE™). This seven week review course will assist paralegals to prepare to take the PCCE. Eight instances of the course will be offered throughout the year.
NFPA ANNUAL CONVENTION
The NFPA Annual Convention this year will be in Anchorage, Alaska September 27-30, 2012. It will be hosted by the Alaska Paralegal Association. The theme for this year’s Convention is Venture North to Alaska – The Last Frontier.
NFPA CONVENTION CHARITY
Friday, September 28, 2012, will be “Blue Jeans for Bison” day. With a minimum donation of $5 and wear your best blue jeans and casual apparel. Proceeds will benefit the Alaska Wildlife Conservation Center (AWCC) where NFPA will be adopting one of the Bison.
After more than 100 years of extinction in Alaska, wood bison have found their way back to the state of Alaska. The AWCC herd arrived in November 2003 from the Yukon Territory in Canada and is part of a wood bison recovery program designed to reintroduce the species to Alaska. AWCC is home to the only wood bison herd in the United States and are working closely with the Alaska Department of Fish & Game to reintroduce them into the wild. The first wood bison calves born in the state of Alaska in over 100 years were born at AWCC in 2005, and since then, dozens more calves have been born at the Center. The herd now numbers well over 100 and many more are expected in the spring of 2012.
NFPA BOARD NOMINATIONS
NFPA Board Nominations are open. The following members who have accepted their nominations and are approved candidates for the following Board positions:
President:! !
Robert Hrouda, RP®, Pa.C.P.
Vice President and Director of Positions and Issues:
Lisa Vessels, CP, FRP
Vice President and Director of Paralegal Certification:
Suellen Honeychuck, RP®
Secretary and Director of Operations:
Valerie Dolan, RP®, Pa.C.P
As always, if you have any questions, please contact me.
Sue Beichley, NFPA Primary
F I N D I N G S & C O N C L U S I O N S
4 Findings & Conclusions
Findings and Conclusions is the official publication of the Washington State Paralegal Association and is published six times per year.
NW Chapter Reportby Jennifier Provalenko, RP
COURT JURISDICTION CLE, JUNE 27, 2012
The Court Jurisdiction CLE was a great learning experience. It was very informative and inspiring. Guest speakers included Judge Brian Stiles from the Sedro Woolley Municipal Court, Judge John M. Meyer from the Skagit Superior Court and Judge Mark Pouley from the Swinomish Tribal Court. We had a great turnout over 20 paralegals attended, and the speakers provide an evening well worth attending.
Judge Meyer introduced foundation topics leading into the jurisdiction and the separation of powers within the court systems. He also discussed the types of cases heard in the Superior Court and the functions of Court Administration Office. Judge Stiles, a phenomenal speaker, discussed the jurisdiction of the District & Municipal Courts in comparison to the Superior Court, the types of cases heard, including the differences and similarities between court systems. Judge Pouley, ended our CLE with a condensed version of his five week Tribal Law course. Everyone was fascinated by his presentation and the diversity between state and tribal court jurisdictions.
IMMIGRATION CLE, JULY 25, 2012
The immigration CLE was a top pick! Currently, topics on immigration law in both Whatcom and Skagit Counties are in high demand. We received an influx of compliments and great reviews. It was well attended by local paralegals and attorneys, and one of our highest attended CLEs, with more than 50 attendees. Guest Speakers included: Neil Floyd & Joe Silvio, ICE Attorneys, who provided a brief overview of ICE- Immigration Customs Enforcement, and their roles as ICE Attorneys. Carol Edward, Immigration Attorney, presented on immigration enforcement from a private attorney’s
perspective, what to do if a family member or client is arrested, and what forms of relief are available once ICE becomes involved. Michael Winkle, ICE Field Agent, discussed his duties/ responsibilities, along with first hand experiences in the field regarding the investigation of illegal immigration, enforcement, fugitive operations, detention centers, and the removal operations in Washington State. If you would like to view the outlines/handouts from our CLE, they are available on the WSPA NW Chapter Website.
UP-COMING CLES:
CHILD SUPPORT WORKSHOP, September 26, 2012. This workshop is scheduled for September 26, 2012 from 5-7:00 p.m., in Skagit County. There will be two tracts. Our first tract will cover Child support Orders, WA State child support schedule/instructions, and how to calculate your worksheets, deviations and other factors that may apply. The second tract will be on modifications and adjustments of child support, and post secondary support. Guest Speakers include Gwen Halliday, Skagit County Family Support Prosecutor, and Commissioner G. Brian Paxton from the Skagit Superior Court. Look for our flyers or visit the NW Chapter Website for more details.
RECOGNITION OF THE SKAGIT VALLEY PARALEGAL PROGRAM
On behalf of WSPA and the Northwest Chapter, we would like to recognize the Skagit Valley College Paralegal Program and Program Director Ted Maloney for 24 years of service to the paralegal profession (1988-2012). On June 17, 2012 at the Program Celebration & Graduate Dinner, Jeniffier Provalenko, WSPA NW Chapter Director presented an honorary plaque to Mr. Maloney for his dedication and commitment to the paralegal profession and service as the SVC Paralegal Program Director.
BRIEF HISTORY OF THE SKAGIT VALLEY COLLEGE PARALEGAL PROGRAM
The Paralegal Program began in 1988, after a needs survey determined paralegals were in demand in the local legal market. Ted Maloney, a practicing attorney, was hired part-time as the Program’s Director and shortly after as the full time Program Director, charged with developing the curriculum and teaching all legal classes. Other attorneys were hired to teach legal specialty courses. In 1990 SVC graduated its first class of paralegal students.
In 1992 the SVC Paralegal Program applied for accreditation through the American Bar Association. After completion of an exhaustive self-study and a site visit by the ABA, the Paralegal Program received formal approval in 1994. ABA approval represents the “gold standard” for paralegal programs across the nation. Approval would not only confirm the quality of the program but also provide a nationally-recognized status helping students find employment outside of our local area. The program was re-approved by the ABA in 1999 and 2006; each time the program was praised for its high quality, the commitment of its faculty and staff and the support of the legal community.
Highlights from the Program’s 24 years of service:
• Law Day Free Legal Advice Legal Clinic (1994-2012)
• Washington Court of Appeals Campus Visit (1994)
• Washington Supreme Court Campus Visit (2010)
(Continued Page Seven)
Jennifier Provalenko, RP , NW Chapter
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F I N D I N G S & C O N C L U S I O N S
8 Findings & Conclusions
(Continued from Page Four)
WASHINGTON STATE PARALEGAL ASSOCIATION (WSPA) PARALEGAL OF THE
YEAR AWARDS (2009) (2010) (2012)
We are proud that three of our alumni have been selected as Paralegal of the Year by WSPA, Washington’s only state-wide paralegal association. Glen Bristow, Anna Webb and Jeniffier Provalenko are all professionals truly deserving of that honor and have helped bring state-wide recognition to our program.
Pro Bono Reportby Jeanenne Rutherford
VOLUNTEER FOR CITIZENSHIP DAY!
Mark your Calendars October 20012 – Citizenship Day in Yakima, Pasco, Centralia and Des Moines
This will be a big Citizenship event. It is expected that interest will be very high because of the election, so we hope you can join us at one of the four sites. Please mark your calendars. The online sign up system for the event is not up and running yet, so contact [email protected] to volunteer or for more information. I will post an update to Facebook and Linkedin when the online signup is available.
PARTNERSHIP WITH KCBA
WSPA was recently contacted by the King County Bar Association Pro Bono Services to partner in sharing pro bono volunteer opportunities. There are currently two programs available for paralegal volunteers, King County Housing Justice Project and the Neighborhood Legal Clinics.
WSPA will hold a noontime brown bag CLE on August 15, 2012, at Perkins Coie LLP, regarding the Neighborhood Legal Clinics and a brown bag for the King County Housing Justice Project on September 19, 2012. See outreach letter for details regarding both projects.
As always send your articles or pro bono event news to [email protected].
Findings and Conclusions is the official publication of the Washington State Paralegal Association and is published six times per year. Letters to the Editor, articles, advertisements or correspondence should be submitted to:
WSPA Newsletter EditorP.O. Box 58530Seattle, WA 98138Email: [email protected] Email: [email protected]
All submissions are due the 20th of each odd numbered month for publication the following month. Articles may be submitted on disk in Word format or via Email.
ADVERTISING RATES:Dimensions Month to Month Pre-Paid One Year! ! ! (6 Issues)1/8 page! $ 50.00! 20% discount 1/4 page! $100.00 ! 20% discount1/2 page! $150.00 ! 20% discountFull page! $200.00 ! 25% discountContact [email protected] for additional advertising information.
The Editor reserves the right to edit material for clarity, space or advertising.The articles published herein express the opinions of their authors and, unless expressly stated, do not necessarily reflect those of WSPA.Unless otherwise indicated, the authors of the submissions contained in Findings & Conclusions are paralegals. All reports, profiles, summaries, checklists, articles, or other submissions are provided for informational purposes only, and are not intended as legal advice and should not be relied upon for that purpose. All opinions expressed in any submission are the authors’ sole opinion and should not be taken as the opinion or position of the Washington State Paralegal Association.
Original items printed here are the property of WSPA. We ask that National Federation of Paralegal Associations (NFPA) member associations who reprint articles from Findings and Conclusions, credit the article and provide WSPA with a copy as reprinted. Others may not reproduce original material for any purpose without prior, written consent of the WSPA Newsletter Editor.
Publication of any advertisement does not imply endorsement of the product/services offered. WSPA reserves the right to reject advertisement due to content or space considerations.
Ted Maloney, Program Director, and Jeniffier Provalenko, 2012 WSPA Paralegal of the Year
F I N D I N G S & C O N C L U S I O N S
Findings & Conclusions 9
KCBA’s six Pro Bono Services programs assist the most vulnerable members of our community with legal issues related to housing, predatory lending, foreclosures, public benefits, debt defense, bankruptcy, consumer rights, wage claims, family law issues, uncontested guardianships, simple wills and estate planning, tort defense, and special education.
With support of the King County Bar’s Pro Bono Services programs, you’ll be able to participate in providing quality civil legal aid services to Seattle and King County residents who would not otherwise be able to afford much needed legal representation or advice.
Program Possibility
The Neighborhood Legal Clinics has two positions available.
The first is as a clinic assistant. This commitment is once every 6-8 weeks in the evenings. Clinic Assistants provide administrative support and coordination of a clinic for the evening. This includes checking clients in, gathering papers, watching time to make sure meetings do not go over the 30 minute consultation.
The second is as a phone line representative. This commitment is twice a week commitment in the mornings for 6 months. You will work more directly with clients setting up their clinic appointment and legal issue spotting to get clients into the most appropriate clinic appointment. This position requires a cover letter and resume, prior to an interview.
The Housing Justice Project has one position available. The position is for a legal assistant in either the Seattle or Kent clinic locations. The Housing Justice Project (HJP) provides free legal help to eligible low-income tenants facing eviction. HJP clinics meet Monday—Friday in the mornings at the Seattle King County Courthouse and the Maleng Regional Justice Center in Kent.
Getting Started
Please review the following steps to become a KCBA volunteer.
1. Review the volunteer positions to find the right one for you.
2. Fill out the secured online volunteer application or follow the application instructions for the position description.
3. Sign up and attend the volunteer orientation, (part of the application process).
4. The Volunteer Manager will process your application and connect you to a program.
5. After attending the orientation you may be required to complete additional trainings.
If you’d like to learn more about these opportunities, please feel free to call or e-mail [email protected], Pro Bono Service Volunteer Manager.
Thank you for your interest in doing pro bono work and your desire to give back to your community!
8 Findings & Conclusions
HELP WSPA SUPPORT MILITARY PARALEGALS AROUND THE WORLD
! Calling all WSPA members! We have set a goal for 2012 to send 6 Military paralegal care packages to make life easier for those who have chosen to serve our country.
! We have been assigned to the legal office on the USS Enterprise!
These soldiers work almost non-stop and can not just run to the store for a treat or something to read. Along with food, hygiene and entertainment items, we include postcards from the Seattle area and current magazines for men and women.
Please help us with our goal by bringing your donations to the WSPA chapter meetings. You can also include a card thanking them for their service and telling them a little about ourselves and where we live. Items will be collected, boxed and mailed to designated military base or ships every other month.
If you would like to participate but are unable to bring an item to the meetings, contact me at the email below and we will arrange for pick up. You could also send a check to:
WSPAPO Box 58530
Seattle, WA 98138-1530Please make the check out to WSPA and indicate that the funds are for the military outreach program. This will help purchase phone cards or other items that we would like to include.WSPA is a founding member of the NFPA Military Paralegal Outreach program, which began in February 2006. We appreciate the members of WSPA for the strong support of this program!Any questions regarding this continuing project may be directed to Jeanenne Rutherford, [email protected]
Suggested Items:
Hygiene: Food:Antibiotic Ointment Single Serving Pasta LicoriceChapstick/lip balm/Carmex Ready to Heat Soups Sunflower SeedsSunscreen (Bull Frog is good) Lunchables Aqua DropsBug Repellent (with deet) Ramon Noodles GumFace cleaner Powdered Power-Aide/Gator-Aide/ Peanuts in a shellEye drops/Saline Koolaid/Tang Rice Krispy TreatsLiquid hand sanitizer/Baby wipes Granola Bars/Cereal Bars Snack CakesFoot/body powder (Gold Bond) Fruit Roll-ups Misc:Deodorant Raisins CondimentsShampoo/Conditioner Beef Jerky (no pork) Lemonade/Ice Tea MixTooth Brush/Toothpaste Applesauce Cough DropsNose spray/nose drops Fruit/Pudding Cups Stationery/envelopesHand/Body Lotion Cereal (individual Servings) Stamps/PensBand-aids, Mole Skin Chex Mix Dice/Travel GamesSoap Tuna Kits Individual Instant CoffeeMouth Wash Snacks: Books/MagazinesNail Clippers Hard Candy (no chocolate-it melts) Tylenol/IbuprofenDental Floss Snack Mix Allergy MedicineTums/Rolaids Chips/Cookies/Crackers/Microwave Ziploc BagsTylenol/Aspirin Popcorn/Pretzels Instant CamerasQ-Tips Pop Tarts RainX
TIPS FROM A SOLDIER'S MOM: • Send sauce packets (like Arby's sauce). I am told this can make any MIC's taste good.• Send cards and email/snail mail so soldiers can say thank you.• Holiday cards, photos and stories of the everyday things at home are priceless. • Some of the favorite letters are about walking the dog, the kids holiday show and local sports, even if it is not their family it helps you
know that life goes on.
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Findings & Conclusions 11
With the need for E-Discovery in many large cases today, there are some pitfalls to be aware of. Unlike last generation's lawyers and paralegals, today's lawyers are so accustomed to Google and legal research websites, many are inadequately prepared for the difficulty of search in electronic data discovery (EDD).! There are two main ways in which the search fails us: 1) Our query will not retrieve the information we seek (Recall); and 2) Our query will retrieve information we didn't seek in the first place (Precision).! ! Recall and Precision aren't friends. Every time that Recall has a party, Precision crashes with his biker buddies and breaks the dishes. It's easy to achieve a high recall of responsive electronically stored information. You simply grab it all: 100% of the data = 100% recall. The challenge is achieving precision. If one out of every hundred items returned is what you seek, 99 items are duds; 1% precision is terrible.! L i n e a r search, which is is keyword search followed by human review, is standard operating procedure in EDD. However, linear search is extremely time-consuming and expensive. Additionally, it doesn't work well because people make search and assessment errors, and by making lots of searches and assessments, they make lots of errors. Mistakes can be subtle and hyper-technical, but most are not.! Here are the top ten common mistakes in E-Discovery (apologies to David Letterman).!
1) Searching for someone's name or email address in his or her own email. If you run a list of search terms including a custodian's name or email address against their own email, you should expect to get hits on all messages. Some might say, "Josh, no one's that boneheaded!" Actually, plaintiffs do it, defendants do it, and vendors run these searches without flagging the error. How often are the proposed search term lists that are exchanged between counsel carefully broken out by particular custodians or forms of ESI to be searched?!
2) Assuming the tool can run the search. Every ESI search tool has features and limitations. You must
understand what data has been indexed and what search methods and syntax are supported. Most e-discovery tools won't retrieve any information that isn't text (including some PDF and.tiff files, or other pictures of words that haven't been OCR'd) or that isn't accessible text (such as encrypted documents).!
3) Not testing searches. Much of what distinguishes a mistake as boneheaded is the ease with which it could have been avoided. When a party to a lawsuit once proposed the letter "S" as a search term, I didn't need to test it to know it was a boneheaded choice. But what about those noisy terms that pop up in file paths- or are invariably encountered within electronically stored information- yet have nothing to do with the case? Test your searches often to make sure that they perform as expected.!
4) Not looking at the data. Don't just yap about the quantity of hits to evaluate your search; check the quality of the hits. Look at the data!! Minutes spent looking at the data can eliminate weeks or months of reviewing crummy results and millions of dollars spent in motion practice. As the old saying goes, "Don't be penny-wise and pound-foolish."!
5) Ignoring exceptions list. It's the rare e-discovery effort where everything processes without exception. Typically, the exception list will reflect hundreds or thousands of items that are encrypted, corrupt, unrecognizable , or unreadable. You may take a risk to ignore certain exceptional items, but too often exceptions are misclassified as benign or dismissed altogether. That's the definition of boneheaded.!
6) Assuming that reduplication solves my problem. Ed Fiducia, of EDD vendor Inventus, pointed to the limits of using hashing to identify truly duplicative files: "The rub is the definition of a truly duplicative file." For example, email messages sent to multiple addressees won't reduplicate because each message reflects its
unique message ID and delivery path. Word and PDF versions of the same document won't hash reduplicate because they're different file formats.!
7) Reviewing 50 Custodians when five will do. "Preserve everything? You bet! Review everything? Not in my book," said Fiducia. "The knee-jerk reaction is to blame plaintiffs' attorneys who ask for everything. Equal responsibility goes to defense attorneys who don't negotiate the process from the start, in meet and confer.”!
8) Failing to search for Common Name Variations. Dave Swider ,of Evolve Discovery, says he frequently sees searches for names that don't anticipate variations. "We'll see a search for 'Robert Smith' with no variations specified - no Rob, Bob, Bobby, Robby, not even an email address. Similarly, we'll be asked to search for a complete law firm names, for examle all five names as an exact string with no domain or proximity search."
9) Neglecting to run searches against file and folder names. Marc Hirschfeld, of Precision Legal Services, added one mistake he said he never hears attorneys talk about, "I often find a treasure trove of information when the name of a folder holding relevant information includes a search word but the documents inside do not. It's as if the user pre-identified these documents as relevant but, because the file and folder names weren't indexed or searched, the treasure is missed."!
10) Failing to rapidly react to the problems you encounter. "Another review oversight we see is a failure to 'update' the review set when a 'false hit' is running up the review bill," offered Ann Marie Gibbs of Daegis. “This relates to the mistake where a client declines to accept excellent advice on search selection criteria. If you can't get them to understand the problem on the front end, you have a second bite at the apple on the backend."
E-DISCOVERY NO-NOS! ! by: Joshua Norman
F I N D I N G S & C O N C L U S I O N S
8 Findings & Conclusions
Courtroom and War Room ChecklistPresents
www.prolumina.net
© 2012 Prolumina. All Rights Reserved.
If you've been to trial recently you know well that compared to the well wired District Courts, there is not much equipment available in the Superior Courts here in WA. After many years supporting trials, Prolumina has developed a checklist for setting up a courtroom or a war room. (Note: We have all the equipment available to rent and some of it you may have yourself in-house.)
If you choose to select Prolumina to support you, we can rent you the necessary equipment, as well as setup and manage a full-service production facility in your team’s location. Every implementation comes with specific requirements and challenges, and Prolumina is uniquely qualified to determine precisely what is needed and not needed at each site, to make sure your trial team can focus on preparing and presenting your case instead of dealing with equipment issues. Courtroom technology support is typically a 7-day per week job during trial, so it’s definitely not something that can be done in someone’s “spare time.” It really requires a focused, dedicated person who can ensure that the trial team is productive every minute that they need to be. Below are 3 examples of diagrams, please click to view a larger image:
Diagrams: Courtroom Design
F I N D I N G S & C O N C L U S I O N S
Findings & Conclusions 13
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© 2012 Prolumina. All Rights Reserved.
COURTROOM & WAR ROOM CHECKLIST
√ TRIAL TECHNOLOGY
√ Power Requirements for the War-Room
What is the maximum amperage load level for the room(s)? What are the total load requirements for all necessary equipment?
How many circuits are in each room and how are they distributed?
Do any machines require 220v versus 110v? Does the facility have access to additional power or will you need to provide?
Is the power provided by the location cleaned or will we need power stabilizers (especially important for copy machines)?
How available are building engineering staff at odd times?
How accessible is the fuse reset area?
√ Data
Is the network hard-wired or wireless?
Is the network on a dedicated line or a shared one – if shared, with how many users?
What is the guaranteed throughput to the trial team – both uploading and downloading?
What are the network security protocols – if any – keeping the trial team’s data secure?
Is there a daily fee for network connectivity? If so, is it per user or per drop – and how much for each?
√ Phone
Are handsets available at each desk / work area?
Are conference phones available in the trial team’s workspace?
What are the local / long distance charges?
What is the quality of cell phone reception in each room? Does it differ by provider?
Can we use VOIP phones to avoid connection charges?
F I N D I N G S & C O N C L U S I O N S
14 Findings & Conclusions
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© 2012 Prolumina. All Rights Reserved.
√ War-Room Set-Up
What is the optimal layout for each room? Do we have adequate furniture and work space for the number of participants at peak work times?
Are specialized catering tables available for equipment?
How much control does the trial team have over room temperature? Are separate controls available for different work spaces?
Can the A/C vents be blocked off or vented to avoid dropping cold air directly onto the workspaces?
Do we have humidity control (especially important in Southeastern locations like Florida)?
Does the lighting survey reveal adequate luminescence at each work station or will supplemental lighting be required?
Is there shelving / rack space for binder storage, or will that need to be brought in?
Servers can be noisy – is it possible to keep them in a separate (adjacent) room?
Is there adequate cooling and ventilation for servers and can that be controlled separately from work spaces?
√ Accessibility
Equipment will (usually) arrive via freight truck – do we have adequate receiving facilities at the location?
Are there special carts / requirements for load in / load out?
Where is the staging area / storage area for boxes?
F I N D I N G S & C O N C L U S I O N S
Findings & Conclusions 15
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© 2012 Prolumina. All Rights Reserved.
√ Equipment Rental - Courtroom
Similar to the war room analysis described above, our consultants will scout the trial location to ensure that all necessary equipment is available in the courtroom – but that we do not have unnecessary equipment, either. A “standard” equipment rental would likely include the following:
Document Camera (commonly referred to as an ELMO) – Prolumina usually provides WolfVision or better
“Daylight” Courtroom Projector (5,000 lumens or better)
6’ or 8’ Insta-Theatre Screen or FastFold screen with pipe and drape – rear projection preferred if courtroom layout
accommodates
Distribution Amp – need to ensure adequate feed for all display devices
Speaker(s) – usually for deposition video playback, but sometimes useful for speaker support as well
Computer Switch – we bring multiple laptops into the court for backup and redundancy – this enable quick and seamless switching
between our trial presentation machines, opposing counsel’s presentation machine(s), and any other sources such as witness
proprietary software display, lead counsel from podium or counsel table, document camera, etc.
Monitor(s) for Counsel, Witness, Judge
Mobile Video-conference Unit for Nationwide live testimony
Additional Plasma / Projector-Screen setup for secondary display (perpetuation deposition video playback)
Wireless Network Kit (when there is no wireless internet available in court)
Laser printer for in-court use / break-out room
Small scanner for last-minute hard copy exhibits that may be introduced and imported into the electronic presentation system
Any additional needs for courtroom break / attorney conference room
Staging area for boxes, binders, courtroom supplies, etc.
F I N D I N G S & C O N C L U S I O N S
16 Findings & Conclusions
MEMBER RECRUITMENT CONTESTRecruit legal professionals and earn prizes!
Are you a current WSPA member who likes to win great prizes? We have THE contest for you!
The WSPA member with the most new* member recruits at the end of every quarter will win a stylish WSPA messenger bag.
When new members apply online, they will be asked who referred them. Make sure they enter your name to get credit. It’s that simple. Just refer your friends and make sure they use your name when they apply for membership.
• The first quarter winner will be determined April 1, and will be recognized at the Annual Awards Luncheon on April 27 at the Red Lion Hotel in Seattle.
• The second quarter winner will be determined July 1 and recognized in the August newsletter.
• The third quarter winner will be determined October 1 and recognized at the Annual Fall CLE during paralegal week.
Start telling your friends, co-workers, colleagues, and anyone else you know about WSPA! You could be a winner!
*A new member is someone who has not been a member for at least 2 years.
Build your own pack! Pick the courses and formats that best meet your needs…
Select the courses that are right for you, and get all your credit in one place!
IPE On-DemandCourse Recordings
(pdf manual included)
Choose from:
IPE Telewebinars (pdf manual included)
IPE Live Seminars (printed manual included)
» Bankruptcy & Creditor / Debtor
» Business / Corporate
» Criminal Law
» Estate Planning & Probate
» Ethics
» Family Law
» Intellectual Property
» Labor & Employment
» Law O!ce Management
» Legal Research & Writing
» Litigation
» Medical Records
» Professional Development
» Real Estate
A small sampling of the topics available:
Browse our full catalog of courses at www.ipe-sems.com
NFPA Accreditation Packs12-hour pack (2 years) – $799 6-hour pack (1 year) – $499
Introducing new continuing education packages speci"cally for paralegals and legal assistants! IPE Accreditation Packs provide you with the opportunity to meet your continuing legal education requirements in two ways:
Multi-Year Pack Ful"lls the 2-year continuing education requirements
of the National Federation of Paralegal Associations (NFPA®)
One-Year Pack A smaller 12-month option for those who want
to take one year at a time
KEY Code: NFPA
Julie Weinkauf Senior Paralegal Market Specialist [email protected]
Get Your Own Personal Account Representative! Each accreditation package comes with your own Personal Account Representative who can assist you – just call with your list of chosen titles and event ID numbers!
Call to Order! 866-242-0783
WSPA's Mission:
To enthusiastically support and promote the paralegal profession in the State of Washington.
We are dedicated to the enhancement of the paralegal profession.
We strive for personal and professional development.
We will encourage increased utilization of paralegals to broaden employment opportunities statewide.
We advocate high quality paralegal educational programs in preparation for entry into the profession.
We hold our members to high standards by requiring 10 Continuing Legal Education credits per year to retain full voting status or to hold an office in the Association.
We will monitor proposed state and federal legislation affecting paralegals and will participate in the legislative and regulatory process to represent our Members' views.
August 7, 2012
WSPA Membership
Dear WSPA Members:
I am happy to offer a new WSPA benefit for our members! We have entered into an agreement with American Income Life Insur-ance Company, serving working families for over 50 years. They pro-vide, at no cost, a group Accidental Death and Dismemberment Benefit for all members. In co-operation with American Income, we will be sending a letter to all members introducing the benefits. Enclosed with the letter is a response card which the members can use to designate their beneficiary intent. All members who return the card will be con-tacted by an American Income Life Representative to designate their beneficiary and have the option to purchase additional supplemental insurance benefits for themselves and their family. These benefits are voluntary.
The following have been implemented for effective communica-tion ensuring the success of the program. American Income's levels of communication include:
• Executive Board Presentation & Orientation
• Arrangements made to help process death claims
Please contact me at [email protected] or Amanda MacDonald, American Income Public Relations, at (253)266-5260 with any questions or concerns.
Regards,
Brenda CotharyBrenda Cothary
WSPA President
Washington State Paralegal Association
Brenda CotharyWSPA President
Washington State Paralegal Association
Membership Application
PO Box 58530, Seattle WA 98138 Membership Year 1/1/2012 to 12/31/2012
WSPA Membership Application- Membership Application form page 1
Important: This form should be used only to apply for new membership. If you are a current WSPA member, please use the Membership Renewal form. You may also Renew and pay by credit card securely online at http://www.acteva.com/Go/WSPA.
Applicant Name:
Preferred Mailing Address:
Daytime Phone: __________________________
Evening Phone: ___________________________
Fax Number: ___________________________
E-Mail Address(es): Employer Name & Address:
Send Mail to: � Home � Work
WSPA Membership (See below for definitions and requirements.)
Check one and submit the appropriate membership fee with your application. Make checks payable to WSPA.WSPA is a Washington not-for-profit 501(c)(6) organization, Tax ID # 51-0140447:� Regular Member - $85.00 Employer Paid? �Yes �No
� Associate Member - $60.00 � Student Member - $40.00 � Sustaining Member - $200.00
Who referred you to WSPA? (Please be specific so that we can thank them!): ______________________________
Special Qualifications: � PACE® Registered Paralegal � CORE™ Registered Paralegal � LPO � Other Please Describe:___________________________________________________
Chapter Affiliation(s):� East King County � Northwest � Seattle � Snohomish County � South King County � Spokane � South Puget Sound � Central Washington � Other: _______________________
Check all areas in which you are willing to help: � Chapter Activities � Events (CLE's, Convention) � Membership � Newsletter � Job Bank Admin. � Other:_______________________________________________________________________
**Please visit our website at www.wspaonline.org to sign up for specific list servs. Please note that by participating in these list servs, you will receive regular e-mail updates and have the opportunity to participate in e-mail discussion of issues relevant to the list serv.**
WSPA Membership Application- Membership Application form page 2
Education: (check all completed) � Assoc. Degree, Paralegal Studies � Assoc. Degree, Other � Bachelor's Degree, Paralegal Studies � Bachelor's Degree, Other
� Certificate in Paralegal Studies � Master's Degree � Other Postgraduate Degree � Other: ____________________________
**If you are currently enrolled in a paralegal studies program, give:
Name of the school/program: __________________________________________________________________________
Location:_____________________________ Length of program:_______________________
Degree expected: Type:_________________ Month & Year:___________________________
Employment: Number of years of experience as a paralegal _______. Current status (Check all applicable):
�Employed full-time as a paralegal �Employed part-time as a paralegal �Employed full-time, not as a paralegal �Employed part-time, not as a paralegal �Full-time student in a paralegal program** �Part-time student in a paralegal program** �Unemployed �Other: _________________________
Employer Type: �Private Law Firm �Government Agency �Public Service Agency �Self-employed/freelance/contract �Corp. Legal Dept./Other Private Industry �Temporary Employment Agency
Practice Areas (check all areas in which you regularly practice): �Admiralty/Maritime �Bankruptcy �Civil Litigation �Collection �Commercial Torts �Contracts �Corporate/Business �Criminal �Elder Law �Employment/Labor �Environmental �ERISA/Employee Benefits �Estate Planning �Family/Domestic �Foreclosures �Government �Intellectual Property �Land Use �Legal Technology �Malpractice/Professional Liability �Personal Injury �Probate �Real Estate �Securities �Tax �Workers Compensation �Other:__________________________________
Definitions Paralegal (NFPA Definition): A paralegal is a person qualified through education, training, or work experience to perform substantive legal work that requires knowledge of legal concepts and is customarily, but not exclusively, performed by a lawyer. This person may be retained or employed by a lawyer, law office, governmental agency, or other entity or may be authorized by administrative, statutory, or court authority to perform this work. For additional definitions, requirements, and various other information, check our web site at http://www.wspaonline.org. Privacy Policy WSPA’s general policy regarding member information is that we do not share this information indiscriminately. We must share name and mailing address with NFPA in order for you to receive your full membership benefits. We may share name and mailing address with certain legal-related vendors, including seminar sponsors, for a fee. This provides WSPA with non-dues income and allows us to keep our membership fees low. We provide this information in the form of printed labels, and we make it clear that the information is to be used only once. We do not give information to any vendors in electronic form which could be used multiple times. We will share with other members of WSPA any of the contact information which is usually available in the WSPA Membership Directory. This includes name, mailing address, daytime telephone, fax number, e-mail address, employer name, practice areas, and chapter affiliation(s). Any other information which we may maintain about our members is available only to WSPA officers, directors, and committee chairs. However, if your primary mailing address, phone, or e-mail is no longer accurate, we may substitute another address, phone, or e-mail. The alternate information would then become shareable as though it were the primary information for that member. You may specify stronger restrictions on certain of your information than under the standard WSPA policy, by completing and signing the following. Please check if any of the specified items should not be shared with WSPA members or vendors:
Item WSPA Members Vendors Home address (usually shared only if it is the primary mailing address) Work address (usually shared only if it is the primary mailing address) Daytime phone Evening phone ¥ Fax number ¥ E-mail address ¥
Signature: I affirm that the information given in this application is true and correct and that I meet the requirements for the membership category indicated above.
Signed: Date:
Washington State Paralegal Association 2012 Membership Renewal FormPO Box 58530, Seattle WA 98138-1530 For the Membership Period of 1/1/2012 to 12/31/2012
To file this Renewal Form with your check payment (payable to WSPA), Mail it to WSPA, P O Box 58530, Seattle, WA 98138-1530; Questions? Please email for assistance to: [email protected]
Important: This form should be used only to renew a current or previous WSPA membership. If you are applying for a new WPSA membership, please Join Online at www.wspaonline.org. You may also Renew and pay by credit card securely online at http://www.acteva.com/GO/WSPA (Renewing Member option)
Member’s Name: WSPA Membership Number (if known): Preferred Mailing Address: Company Name (if applicable):
BBBB�Check here if this is an updated Mailing Address
Daytime Phone: Evening Phone:
E-Mail Address (primary):
E-Mail Address (secondary):
WSPA Membership (See below for definitions and requirements.) Check one and submit the appropriate membership fee with your application. Make checks payable to WSPA. WSPA is a Washington not-for-profit 501(c)(6) organization, Tax ID # 51-0140447: � Regular Member - $85.00 Employer Paid? �Yes �No � Associate Member - $60.00
� Student Member - $40.00
� Sustaining Member - $200.00
Definitions & Requirements Paralegal (NFPA Definition): A paralegal is a person qualified through education, training, or work experience to perform substantive legal work that requires knowledge of legal concepts and is customarily, but not exclusively, performed by a lawyer. This person may be retained or employed by a lawyer, law office, governmental agency, or other entity or may be authorized by administrative, statutory, or court authority to perform this work. Substantive shall mean work requiring recognition, evaluation, organization, analysis, and communication of relevant facts and legal concepts.
Membership Types – Regular Membership - $85: Any individual currently employed as a paralegal (see definition above). Regular members are eligible to vote and hold office. Student Membership - $40: Any student currently enrolled in a paralegal program and not eligible for regular or associate membership status. Student membership is limited to 3 years. Student members are eligible to vote and hold office. Associate Membership - $60: Any paralegal living or working outside Washington, not currently practicing, or retired. Associate members are eligible to vote and hold office. Sustaining Membership - $200: A person, organization or other entity interested in supporting the objectives of WSPA. Sustaining members may not vote or hold office.. CLE Credits: WSPA recognizes CLE credits are an important part of developing and maintaining one’s skills and abilities. As such, all WSPA members are strongly encouraged to obtain 10 CLE credits annually. Individuals who earn 10 CLE credits in a membership year will be recognized in the WSPA newsletter Findings and Conclusions, and will be eligible for a 10% discount off the registration fee for one WSPA CLE of his/her choice during the following calendar year. CLE credits may be reported on the attached form.
