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TPA is an
affiliate of the
National Association
of Legal Assistants
INSIDE THIS ISSUE:
◊ President’s Message
◊ How to Stay at the Top of Your
Game – Article: Vicki Voisin, ACP
◊ Service – Volunteer: Professional
Honor – Article: Chris Whaley, Esq.
◊ Announcements
◊ Court Reporter Licensure Required
◊ RAS, Inc. – Article: John Barber
◊ Fear The Middleman
– Article: Heather Scott, CSR-RPR-CRR
◊ 2010 CLA/CP Certification Exam
Coming Up!
◊ NALA Campus Live
◊ Scholarship Announcements
- Student Scholarship
- Member Scholarship
◊ Spring Seminar Agenda
◊ 2010 Officers & Board
◊ 2010 Chapter Officers
◊ NALA Announcement
◊ NALA Convention
Jacksonville, FL
◊ Sustaining Members
◊ TPA Outstanding Award
◊ Outstanding Member Nomination
◊ Applications for Scholarships
Tennessee Paralegal Association
Post Office Box 21723
Chattanooga, TN 37424
http://www.tnparalegal.org
PUBLICATION OF THE TENNESSEE PARALEGAL
ASSOCIATION
President’s Message
Hello Fellow TPA Members:
I am very excited that Spring is just around the corner!!
Our Spring Seminar will be hosted by the East Tennessee
Chapter in Knoxville on April 23 and 24, 2010 at the
Jameson Inn. Topics include Domestic Law, Bankruptcy,
Comprehensive Analysis of Weightbearing MRI v.
Traditional MRI – How it Can Make or Break Your Case,
Criminal Law and Evidence. Due to a mistake on part of
Jameson Inn, the rooms have been discounted to $40/night.
Seminar brochures and registrations have been mailed. If
you have not received a brochure, please contact me
(sherri.satterfield@leitnerfirm.com) and I will
forward to you.
Our Central Chapter is up and running!!! Officers have been
established and a meeting place has been designated. The
Central Chapter meets on the third Monday of each month at
Burr & Forman in Nashville, Tennessee. There has been a
good turnout and interest from area paralegals. We wish the
Central Chapter continued success in growing its
membership!
The NALA Convention is in Jacksonville, Florida on July
14-17, 2010. Laysha McCullaugh and I will be attending.
Anyone who is interested in attending and wishes to carpool,
please let Laysha (lmccullaugh@fleissnerfirm.com)
or myself know by the Spring Seminar.
Hope to see everyone at the Spring Seminar!
Sherri L. Satterfield, CP
TPA President
Spring 2010 Volume 29 Number 1
How to Stay at the Top of Your Game
By Vicki Voisin, ACP
Has this happened to you? You wake up one day and realize you're no longer the youngest kid on the block. You've
worked as a paralegal for a decade or more. You're feeling a bit stale. You wonder if you've made the right career
choice. You consider your options and see only limitations. You don't feel quite at the top of your game.
It's time to change your mindset! Staying on top of your game requires some work...and I don't mean the kind of
work that keeps you behind your desk from 9:00 to 5:00 (or later) every day. I'm talking about the work you must do
to keep you and your mind fresh and energized. Here are some simple steps you can take to do just that:
1. Never stop learning. Always embrace change. Stay in the know! People who are always learning something
new are not only more interesting, but also happier in general. There's constantly something fresh and exciting going
on: new rules, case law, and procedures, as well as new books, courses, technology, and vocabulary. Make a deal
with yourself to learn something new every day to keep your motivation in high gear.
2. Credentials do matter. Credentials say a lot about you: your depth of knowledge, credibility, determination,
diligence, and more. Don't kid yourself...if you're in competition for a job with a person who has the same amount of
education and work experience, your credentials will give you the leg up you'll need. Be sure to pursue all of the
credentialing you can...then be sure to toot your horn. Let people know you have those credentials and how hard you
worked for them. Also, put the designation on your business cards and firm letterhead. If you're curious about
authority to do that, see Peel v Attorney Registration and Disciplinary Committee of Illinois, 110 S.Ct. 2281 (1990).
3. Join an association...local, state and/or national. My mother always said, "Birds of a feather flock together."
This is certainly the case with professional associations. An association will provide you with continuing education
opportunities, as well as connections that will enhance your career. You will make lifelong friends that you can count
on for assistance when you need contacts or information from their neck of the woods. This will happen more often
than you might think.
4. If joining is good, being a contributing, hard-working member is even better. Just carrying your
membership card isn't enough. You'll reap the benefits of belonging to an association when you jump in with both
feet, get really involved, and take on responsibilities: write articles, speak at seminars, plan a retreat....be generous
with your time, your ideas and your enthusiasm. When you do this, you'll find your voice, you'll make a difference in
the profession, and you'll be more 'professional.'
5. Never say, 'I can't.' There's absolutely nothing you can't do once you put your mind to it. When you're offered a
challenge at work, tackle it with gusto. Ask for help and guidance if you need to. Learn everything that will assist you
in meeting the challenge. Dig in and work hard. Repeat the mantra of The Little Engine That Could: I think I can, I
think I can, I think I can. Then change that to 'I KNOW I can!" You WILL reach the top of the mountain...success is
waiting on the other side.
6. Make yourself available to those who may be newer to the career field. If
you've been in the profession for a while, you should welcome, encourage, mentor and
praise those who are coming after you. They will look to you for advice and direction. Be
there for them. They are the future but guidance from those with history is crucial. Ruth
Conley of Houston, TX (a member of the Houston Paralegal Association) joined me for this
picture. Ruth participated in NALA's first LEAP Program. LEAP stands for Leadership
Enhancement and Preparation. Ruth and all the others in the LEAP program spent the past
year learning the ropes of leadership. Congratulations to all of you for meeting this goal!
Your challenge: Think about the steps you can take to stay on top of your game. Go new places, nurture your
friendships, accept challenges, embrace goals. Never stop until you're at the top of the mountain...I know you'll like
what you find on the other side.
© 2008 Vicki Voisin, Inc.
Do you want to use this article in your newsletter, e-zine or website? You can, so long as you include this entire blurb with it:
Vicki Voisin, also known as The Paralegal Mentor, publishes the bi-weekly ezine 'Strategies for Paralegals Seeking Excellence'
where she offers tips for paralegals and others who want to create lasting success in their personal and professional lives. Get tips
and information at no cost at www.paralegalmentor.com.
SERVICE – VOLUNTEER – PROFESSIONAL HONOR
By Chris Whaley, Esq.
“Service to others is the rent you pay for your room here on Earth."
--Muhammad Ali
“Volunteers are seldom paid; not because they are worthless,
but because they are priceless!”
--Author Unknown
As I‟m writing this article, the Tennessee men‟s basketball team has just lost a heartbreaker to Michigan
State. The one-point difference will now be analyzed on ESPN, CNNSi and every regional and local sports-talk
radio station in the South. What might the defense have done differently? What offensive scheme might have
been more effective? Would Coach Pearl’s orange jacket have made a difference? Sports is analyzed (and over
analyzed) again and again.
Naturally, the game has me thinking of the Volunteers and what it means to be a volunteer. Tennessee
is the volunteer state, not only because the sports teams of the university that bears the State‟s name bear that
mantle but, originally, because of the prowess Tennesseans displayed during the War of 1812 – particularly
during the Battle of New Orleans.
Most of us in America, and in the legal profession, at least give lip service to the idea of volunteerism.
It‟s a noble idea right up there with paying our taxes, saluting motherhood & apple pie and trying hard to “do
the right thing.” In the legal profession, it‟s more than just a „good idea‟. Legal professionals are expected to
give back to our communities in a number of ways, particularly by providing legal assistance to those who
cannot afford to pay for it. Rule 6.1 of the Tennessee Rules of Professional Conduct states:
A lawyer should aspire to render at least 50 hours of pro bono legal services per
year. In fulfilling this responsibility, the lawyer should:
(a) provide a substantial portion of such services without fee or expectation of fee 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 needs of persons
of limited means; and
(b) provide any additional services through:
(1) delivery of legal services at no fee or at a substantially reduced fee to
individuals, groups, or organizations seeking to secure or protect civil rights, civil
liberties, or public rights, or charitable religious, civic, community, governmental,
and educational organizations in matters in furtherance of their organizational
purposes, where the payment of standard legal fees would significantly deplete the
organization's economic resources or would be otherwise inappropriate;
(2) delivery of legal services at a substantially reduced fee to persons of limited
means; or
(3) participation in activities for improving the law, the legal system, or the legal
profession.
(c) In addition to providing pro bono public legal services, a lawyer should
voluntarily contribute financial support to organizations that provide legal services
to persons of limited means.
Paralegals are expected to abide by these standards, as stated in NALA Canon 10: A paralegal's
conduct is guided by bar associations' codes of professional responsibility and rules of professional conduct.
So, there it is – we have to do it. Whether we work as an attorney or as a paralegal, volunteerism is dictated to
us via professional ethics standards.
That, I fear, is part of the problem – many of us look at the volunteerism standard as a ball-and-chain
that must be fulfilled year after year, just as we work to fulfill our continuing legal education requirements. It
makes sense, in one way of thinking – we‟re all busy (more than busy in most cases) and, though we‟d like to
be excited about giving our time away, the truth is that there‟s too little time to give away and what time we
have is too precious to give away.
Point made – I hear you. However, just consider matter from a bigger perspective. As legal
professionals, we‟ve been given knowledge and we‟ve honed talents that are in demand – and in need -- by
most of the general public . . . and much of the general public who need our services cannot afford it. Yes,
firms must make money to pay the bills (including our salaries) but ours are also positions of honor and a part
of deserving that honor is to give back to those who need it.
During the recent catastrophes in Haiti and Chile, many of us have watched medical professionals,
construction workers, and search and rescue experts flock to those nations to provide assistance. My skills as an
attorney may not be particularly helpful to the many suffering Haitians and Chileans, but that should not stop
me from giving monetarily or in any other way that will provide assistance. Likewise, I should realize that the
populations of people who are suffering and in need are not all outside our borders. There are people within a
much closer proximity who could greatly benefit from our training and know-how. The question is – will we
reach out or will we say “I wish I could, if I wasn‟t so busy.”
It‟s true - volunteerism is mandated in our profession. However, let‟s try to look upon it as professional
honor. I promise you – that‟s what it really is.
Chris Whaley serves as Chief Academic Officer and Professor of Legal Studies at Roane State Community College. He
can be reached at whaleycl@roanestate.edu. He isn’t accustomed to writing articles this serious and he’s quite
sure whatever it is will be temporary and will not have a lasting impact on future articles.
ANNOUNCMENTS
We welcome our new Central Tennessee Chapter. Our new Chapter has now held three meetings
since beginning their Chapter in January. They have already started plans for a community service
project in July and have been working hard at recruiting new members for their Chapter.
Our expression and special thanks to Louise Mulderink and Susan Veal for their time and contribution
in supporting the paralegals interested in the Nashville area to start their own Chapter.
The West Chapter is gearing up and getting ready to help the Madison County Bar Association with
Law Day on April 30. Our chapter will also be awarding the Ernie Gray Paralegal Utilization Award
again this year to the attorney who best utilizes his/her paralegal. We do this every year and it’s
always been a nice addition to Law Day. Not to mention, attorneys are thrilled to be nominated and
win this prestigious award, which is solely recommended and nominated by his/her staff.
Recently, we had a great time and enjoyed being involved in the TBA Mock Trial here in Jackson on
February 27th
. Our paralegals performed the duties of bailiff and we all had a great time! The Young
Lawyers Division said they enjoyed having our help and looked forward to calling on us again for their
next event, a “wine-tasting” event in April.
– Courtney Sydnor, Chapter Chair
Our Central Chapter is now off the ground so spread the word! We are excited about our new chapter
and hopeful in our expectations of its growth over the next year. The Nashville firm of Burr & Forman,
LLP has graciously provided us the use of its beautiful conference room for our monthly meetings,
which are generally scheduled for the fourth Monday evening of each month. The conference room is
in an ideal location near downtown but is easily accessible to paralegals outside the immediate
downtown area as well.
We have scheduled Jackie Dusek, an experienced corporate paralegal, to speak at our May 24th
meeting about “A Day in the Life of a Corporate Paralegal.” A local court reporter service, Cannon &
Stacy, has also offered to provide refreshments that evening. Our CLE topic for the June meeting will
be “Entertainment Law” and will be provided by Attorney Kevin Doherty.
We are busy planning our next year and discussing ways that we can get involved in our community.
We have designated the month of July to do a group service project and are in the process of
considering different charities and community programs for that project.
Thanks to the officers of TPA and all its members, the Central Chapter is starting off on a strong
foundation. We are grateful for the continued support and welcome you all to visit Nashville and
attend any of our upcoming meetings. You can stay up-to-date on our growth and find out our CLE
topic of the month (and show your support!) by joining the TPA’s Central Chapter “facebook” group.
– Theresa Koslofsky, Chapter Chair
Keep track of our Central & East Chapter on Face Book.
Central Tennessee Chapter of the Tennessee Paralegal Association and
East Tennessee Chapter of the Tennessee Paralegal Association
The Lawassa B. Jones Scholarship Recipient for 2009
Michele Mize at Volunteer State Community College
The Southeast Chapter continues our monthly Learn at Lunch meetings on the 3rd
Tuesday of each
month at 11:30 a.m. at the United Way Building of down town Chattanooga. Our speakers provide
information on timely topics in the legal field.
In February, members were provided an opportunity to independently volunteer through United Way
sponsored programs. This gives each member opportunities each month to volunteer for a
community activity that fits within their own schedule and benefit the community as well. As a group,
the Southeast Chapter will be participating in a sponsored community project as well during this year
too.
In addition, nominations are currently being accepted for the Judge W. Neil Thomas, III Paralegal
Utilization Award from our members. This Paralegal Utilization Award was a great addition to our
Chapter last year that was mirrored from the West Chapter’s Ernie Gray Paralegal Utilization Award.
The Award will be presented to the selected recipient at the 2010 Chattanooga Bar Association on
Law Day.
Then in the 2010 Spring session Chattanooga State and the University of Tennessee at Chattanooga
intend on having another mock trial with the Southeast chapter hosting and acting as jury. Also,
paralegal student shadowing of members are being arranged.
– Christie Gass, Chapter Chair
Please forward any announcements for The Paralegal Advocate to lmccullaugh@comcast.com you wish to make.
Records Acquisition Services, Inc. (RAS)
www.rastn.com
By John Barber
For as long as I can remember, these two things have really intrigued
me:
1) Computer technology and its potential for creating new lifestyle
efficiencies, and
2) The legal process and how it aims to provide a fair playing field for adversaries to
adjudicate their differences.
In late 2003/early 2004, after seven years of working as a litigation paralegal in three different insurance defense
firms in both Michigan and Tennessee, I decided that I needed to clarify my professional purpose and really begin to
use my energy and interests to make a positive impact in the legal field. The concept of utilizing technology in an
effort to make people‟s lives easier gave me an indescribable sense of “being on the right track.”
My litigation experience showed me that the prevailing methods for accomplishing records discovery not only
created massive amounts of duplicative and wasted paper but, more importantly, caused a good bit of duplicative and
wasted professional time and effort as well. In short, it appeared that there was simply no good way to get everyone
“on the same page” without having to devote an inordinate amount of time and effort.
Since the purpose of litigation is to accomplish justice, I was convinced that this amount of wasted time, effort,
money and resources in litigation was nothing short of an injustice.
I believe I am correct in saying that court rules were enacted, in large part, to allow adversarial parties to create and
have equal access to a centralized and transparent “record” of information. Of course, not all information in
litigation is or should be equally accessible. But, certainly, there is a widely accepted definition of the type
information that ought to make up this “record” (e.g., be “discoverable”) – that is, documents and other items
possessed by non-parties that are clearly relevant to a plaintiff‟s claim of injury and damage. When that information
is elicited orally, the parties of a lawsuit will go to great lengths to preserve those spoken words as part of the
“record” by hiring court reporters to transcribe the testimony. Surely, I believed, there was a way to accomplish
something similar with documents maintained by non-parties as well.
In the first third of this decade, there were three new, emerging elements in society that I believed represented part of
the solution to this common dilemma: 1) the widespread availability of broadband internet access, 2) the plummeting
price of digital storage and 3) the standardization of Adobe System‟s portable document format.
In my mind, there was only one thing missing : a neutral person or company with the unique knowledge, experience
and drive to harness those emerging elements in order to provide a records discovery service and an online
repository that could vastly decrease the amount of wasted paper, time and effort in litigation.
The result of this soul-searching was the development of Records Acquisition Services, Inc. (RAS), or, more
specifically, its primary service process – The RAS Alternative™.
RAS was chartered in May of 2004. Its records discovery process, The RAS Alternative™, has since been used in
over 800 cases throughout Tennessee and surrounding states. Over the past five years, court orders invoking our
services have been entered routinely in the Washington, Knox, Hamilton, Davidson and Shelby County circuit
courts. About 65% of the cases in which we are used are medical malpractice matters. Other cases include auto
accident, workers compensation and general products liability actions.
Our corporate office is located right here in downtown Knoxville – in suite 501 of The Walnut Building. To learn
more about RAS, I invite you to view our website at www.rastn.com. I would be happy to speak with you by
phone or in person as well. Please feel free to call me at (865) 546-4727.
We certainly support the paralegal profession in general and the Tennessee Paralegal Association in particular – and
we appreciate the opportunity to be a sustaining member of this great organization.
Fear The Middleman
by Heather Scott, CSR-RPR-CRR
“One call does it all!”
When hiring a court reporter for an out-of-town deposition or other meeting, law firms often turn to the
Internet. A quick online search for a reporter in any given area will deluge the user with
advertisements for nationwide firms (hereafter referred to as “The Middleman”) that claim to have
court reporters available all across the country.
“Give us a call and we will handle everything. Need a videographer? Need a conference room? How
about a translator? We will get it all set up for you at no additional charge.”
The truth is that almost every court reporter or firm will offer those services at no additional charge.
One call to a local is all it takes, too, and you just might find that the service is far superior. And
whether you realize it or not, you either choose to work with the locals from the very beginning, or you
call The Middleman and he will schedule with the local firms. These nationwide scheduling firms do
not, as they make it appear, have court reporters on staff in every nook and cranny of the world.
So what difference does it make to you, the hiring party, as long as someone shows up with their
mysterious little machine and soon thereafter you have a transcript? As a matter of fact, you might
add: “The Middleman offers huge discounts; The Middleman will give me a free iPod when I schedule
a deposition; The Middleman promised to beat everyone else’s price by at least ten percent!”
As is true in every aspect of life, “There is no such thing as a free lunch.” The Middleman spends
tremendous amounts of money to direct you to his site or 1-800 telephone number. How is that
money recouped? There are only two places it comes from; out of the hiring party’s pocket or the
court reporter’s (or both). And once The Middleman corners the market in a reporter’s town, the court
reporter faces taking the assignment on the firm’s terms, or having no work at all.
Let’s take a look at an example. When talking to The Middleman or browsing his website, you will find
that he promises users will pay a fraction of the cost of hiring a local reporter or firm. That sounds
good, right?
But what does The Middleman tell court reporters to encourage them to take assignments from him?
He tells us that he does not negotiate our rates, and that we may charge him what we are
accustomed to billing.
So if we are to believe both of those statements, The Middleman is selling the end product for less
than he paid for it. And he miraculously has money left over, because he also tells court reporters that
he spends hundreds of thousands of dollars per year advertising our services. If The Middleman truly
adhered to those principles, he would be out of business after the first deposition. He is an excellent
salesman; he has to be. He must use smoke and mirrors to convince the consumer that he is
essential to the process. He isn’t.
There are many strategies the nationwide firms employ to increase profit. One particularly distasteful
practice is reformatting of transcripts. It goes like this: The local court reporter takes a job for The
Middleman. That reporter then emails their transcript file to The Middleman’s office, where the
transcript is produced and distributed. The file the reporter emailed may be 100 pages long, and
that’s what The Middleman pays the reporter for. Unbeknownst to both the reporter and the
purchaser, The Middleman then uses software that reformats the margins, making them wider and
stretching the transcript. So the client receives and pays for, say, a 130-page transcript. The extra 30
pages are pure profit to The Middleman.
Another tactic these firms practice is advertising the lowest page rate possible, but then billing the
client for things the client never requested. Some firms charge for delivery/postage at a much higher
rate than they actually pay. They might also have exorbitant office/paper fees. They often charge a
full-page price for word indexes and condensed transcripts, even if you didn’t want that service.
Exhibits are copied at outrageous rates. The list of potential trappings could go on forever.
It is bad enough to be the party that hired The Middleman, but heaven forbid you find yourself in a
situation where you are on the other side of litigation or proceedings where your adversary hired The
Middleman. The Middleman might have made a few concessions to the party that hired him, but if you
choose to purchase a copy of the product, all bets are off! You will pay a large chunk of his profit, and
often pay more than the hiring party.
The logical next question leads to ethics. Is what The Middleman is doing legal? Is it ethical? Court
reporters are governed by the state and national boards that license them. Many states have laws
regarding court reporters engaging in contracting, which is offering one side of litigation at a reduced
price, or other advantage, that is not offered to the opposing side.
The National Court Reporters Association also has guidelines regarding reporter ethics and
inappropriate client gifting (i.e. the iPod) used to entice hiring parties. The problem with The
Middleman is that he is not a court reporter, but rather a business owner, so he cannot be held to the
same ethical standards, nor does he risk losing a court reporting license.
It must be made clear that by no means does this writing intend to encourage hiring parties to always
use an individual court reporter and never use a firm or agency. There are lots of wonderful, ethical
court reporting agencies (usually owned by court reporters themselves) that service their area of the
market with their own staff. Most of the nationwide scheduling firms do not even have reporters on
staff, and therefore cannot truly be called court reporting firms.
All hiring parties are looking for ease and convenience. So how do you manage to cut out The
Middleman without adding research time into your already packed schedule? There is at least one
website that is free for users to browse and search for court reporters all over the nation. And the
reporters that are members of the site are not permitted to advertise more than 120 miles away from
their home base, so you get a local right from the beginning. I choose not to give the name of that
website in this article, because I own it and I don’t want my words herein to be discounted as an
advertisement. I merely want hiring parties to be aware that it is just as quick and simple to use a
local reporter/firm as it is to call one that practices nationwide scheduling, and it’s usually much more
cost-effective.
Regardless of what method you use, take steps to cut out The Middleman, and you’ll soon wonder
why you ever paid him a penny. – Heather Scott, CSR-RPR-CRR Freelance Court Reporter scott-rpr@sbcglobal.net
To: All
Re: Cut out The Middleman. I am providing Heather Scott’s website: FindACourtReporter.net
With permission from Ms. Scott this article is submitted by:
Jimmie Jane McConnell, CLA, CCR
Owner - Miller & Miller Court Reporters
Knoxville, TN. 37934
Jmccon3590@aol.com
2010 CLA/CP CERTIFICATION
EXAM COMING UP!
Filing Deadline: May 15, 2010 Exam: July 23 – 24, 2010
GO TO www.nala.org FOR ADDITIONAL DETAILS
NOTICE:
NEW APPROVED TESTING SITE
UNIVERSITY OF TENNESSEE AT CHATTANOOGA
NALA CAMPUS LIVE!
Spring Program Online – Schedule of Presentations
GO TO http://www.nalacampus.com
Or See “ANNOUNCEMENTS FOR ADDITIONAL DETAILS
SCHOLARSHIPS
SPONSORED BY TPA
The Lawassa B. Jones Scholarship
&
A CP/CLA Exam Scholarship
For more information
GO TO OUR WEBSITE AT:
www.tnparalegal.org
OR SEE END OF NEWLETTER FOR AN APPLICATION
SPRING SEMINAR!
April 23 & 24 – 2010
Spring Seminar hosted by the Eastern Chapter in Knoxville at the
Jamison Inn. Seven (7) hours of CLE credit available. Check out
our website for additional information and registration.
Agenda for Spring Seminar
Friday, April 23, 2010
10:00 – 12:00 Board Meeting
12:00 – 12:15 Registration
12:15 – 12:30 Welcome by President
12:30 – 2:00 Domestic Law, Debra House, Esq., Legal Aid Society of East TN
2:00 – 2:15 Break
2:15 – 3:45 Bankruptcy, Richard Mayer, Esq., Mayer & Newton
3:45 – 4:00 Break
4:00 - 5:00 Comprehensive Analysis of Weightbearing MRI v. Traditional MRI –
How it Can Make or Break Your Case, David H. McCord, MD,
Next Generation Imaging
Saturday, April 24, 2010
8:00 – 9:00 Breakfast
9:00 -10:30 Criminal Law, T. Scott Jones, Esq., Banks & Jones
10:30 -11:00 Break and Checkout
11:00-12:30 Evidence, David E. Long, Esq., Leitner Williams Dooley & Napolitan
2010 TPA Officers and Board Members
(Contact the officers/board members via our website: www.tnparalegal.org)
President: Sherri L. Satterfield, CP, Leitner, Williams, Dooley & Napolitan, Knoxville
First Vice President: Melissa G. Ledbetter, Republic Parking System, Chattanooga
Second Vice President: Tammy R. Bradford, John D. Hamilton Attorney at Law, Jackson
NALA Liaison: Laysha M. McCullaugh, CP, Fleissner, Davis and Johnson, Chattanooga
Secretary: Pamela K. Leckey, CLA, Peggy G. Comstock Attorney at Law, Knoxville
Treasurer: Phyllis A. Carter, SunTrust Bank (Retired), Chattanooga
East Region Director: Susan E. Veal, Miller & Martin PLLC, Chattanooga
West Region Director: LaFran Plunk, West Tennessee Legal Services, Jackson
East TN Chapter Chair: Nita Gorman, Gary A. Davis and Associates, North Carolina
S.E. TN Chapter Chair: Christie L. Gass, Horton & Maddox PLLC, Chattanooga
West TN Chapter Chair: Courtney Sydnor, Nix, Patterson & Roach LLP, Jackson
Historian: Susan Westmoreland, CEBS, Horton & Maddox PLLC (Retired), Chattanooga
Parliamentarian: Susan Westmoreland, CEBS, Horton & Maddox PLLC (Retired), Chattanooga
Publication Chairs: Laysha M. McCullaugh, CP, Fleissner, Davis and Johnson, Chattanooga &
Susan E. Veal, Miller & Martin PLLC, Chattanooga
East Tennessee Chapter Officers:
Nita Gorman, Chapter Chair, ngorman@enviroattorney.com
Michelle Black, Vice Chairperson/Program Chair, mb1967@frontiernet.net
Tammy Murphy, Secretary, toppenbergburke@yahoo.com
Sherri Satterfield, Treasurer, sherri.satterfield@leitnerfirm.com
West Tennessee Chapter Officers:
Courtney Sydnor, Chapter Chair, court3275@bellsouth.net
LaFran Plunk, Vice President/Program Chair, lafran@wtls.org
Jennifer Petty, Secretary, jlhp@bellsouth.net
Tammy Bradford, Treasurer, trbradford@yahoo.com
Southeast Tennessee Chapter Officers:
Christie L. Gass, Chapter Chair, cgass@chattanooga-law.com
Laysha M. McCullaugh, CP, Vice President/Program Chair, lmccullaugh@comcast.net
Debra V. Marsee, Secretary, dmarsee@unum.com
Lynn Hager, R.P., Treasurer, hager@chattanoogainjurylaw.com
Central Tennessee Chapter Officers:
Theresa Koslofsky, Chapter Chair
Tabitha Langley, Treasurer/Secretary
Naomi Thekkudon, Program Chair
Karen Greer McGee Elected NALA President
Karen Greer McGee, ACP, First Deputy Clerk for the Second Circuit
Court of Appeal in Shreveport, and a member of both the Louisiana
State Paralegal Association and the Northwest Louisiana Paralegal
Association, has been elected President of NALA, The Association of
Legal Assistants/Paralegals.
She was elected for the 2010–11 term during the March 6 meeting of
the NALA Board of Directors at the Association‟s national
headquarters in Tulsa, OK, and brings many years of leadership
experience to her role as President. She will officially take office in
July at NALA‟s 35th Annual Meeting in Jacksonville, FL.
She has said that her focus for her term of office is continued development of NALA‟s top-
quality educational and certification programs for all paralegals, and the greater use of
technology to foster communication and involvement among NALA members. She will also be
working with the NALA Board of Directors on ideas and programs to further serve the
expectations of NALA members, and to advance the paralegal career field.
Ms. McGee has been a paralegal since 1988, earned the NALA Certified Paralegal credential in
1990, and earned her Advanced Certified Paralegal (ACP) in the field of civil litigation in 1994.
She is a graduate of the Institute of Paralegal Studies at Louisiana State University, Shreveport,
LA.
She is a past president and served in various leadership roles for both the Northwest Louisiana
and Louisiana State Paralegal Associations. She was named Outstanding Paralegal of 1996 by
the LSPA. She is also a member of the National Conference of Appellate Court Clerks.
Ms. McGee has been a member of the NALA Board of Directors since 1998, serving as
Treasurer, Secretary, Second Vice President and First Vice President. She has also served as
Chair of the NALA Certifying Board and the NALA Continuing Education Council.
The National Association of Legal Assistants has more than 6,500 individual members among
approximately 18,000 paralegals represented through affiliated associations across the nation.
Remember the Sustaining Members That Support Us!!!!!
Tracy Imaging Roane State Community College National Networks Reporting, Co.
http://www.tracyimaging.com http://www.rscc.cc.tn.us/ http://www.nnrc.com/
Gibson Court Reporting The University of Tennessee at Chattanooga London & Amburn, P.C.
http://gibsonreporters.com/ http://www.utc.edu/ http://www.latlaw.com/
The University of Tennessee at Knoxville Miller & Martin, PLLC Records Acquisition Services, Inc.
http://www.outreach.utk.edu/ http://www.millermartin.com/ https://www.rastn.com/
University of Tennessee also offers this site for paralegals: www.utparalegal.com or call: (865)974-0150
Truesdel & Rusk Registered Professional Reporters Precise Reporting, Inc.
http://www.truesdelrusk.com/ http://precisereporting.net/
The Norcross Group Document Solutions, Inc.
http://www.norcrossgroup.com/ http://www.dsionline.biz/
TPA’S OUTSTANDING MEMBER AWARD
For the past nine years, TPA has awarded one of its members the Outstanding Member Award. Any
member of TPA may nominate any other member who has gone beyond the call of duty in promoting the
paralegal profession. If you would like to nominate someone for the 2010 Outstanding Member Award, please
complete the form below and write a short essay answering the question, “How does the nominee promote the
paralegal profession?”
Please address your nomination to Outstanding Member Nominations and mail it to TPA‟s address listed
on the form no later than October 15, 2010. All nominations will be sent unopened to the chairperson of the
outstanding member committee. That committee will make the decision and present the award to the recipient
at the Annual Membership Meeting in November.
This is another way TPA promotes our profession and recognizes our outstanding members!
OUTSTANDING MEMBER NOMINATION
The Tennessee Paralegal Association has instituted an award to recognize TPA members who
have made an outstanding contribution to our profession. Please nominate a paralegal you
respect for his or her promotion of the paralegal profession and answer the following question
about your nominee: How does the nominee promote the paralegal profession?
The deadline for nomination is October 15, 2010.
Paralegal Nominee‟s Name:
Firm/Company‟s Name:
Address:
Office Phone: Office Fax:
Email Address:
Your Name:
Firm/Company Name:
Address::
Office Phone: Office Fax:
Please send the answer to the question and this form to:
Outstanding Member Nominations
Tennessee Paralegal Association
P.O. Box 21723
Chattanooga, Tennessee 37424
TENNESSEE PARALEGAL ASSOCIATION
APPLICATION FOR THE LAWASSA B. JONES MEMORIAL SCHOLARSHIP
The application's questions are designed to let the judges know more about you, please be sure to include all
information you think pertinent.
NAME: ________________________________________________________________
LAST FIRST MIDDLE
ADDRESS: ____________________________________________________________
____________________________________________________________
Number City State
TELEPHONE
NUMBER: _____________________________________________________________
AREA CODE NUMBER
EMPLOYER: _____________________________________________________
_____________________________________________________
E-MAIL ADDRESS: _____________________________________________________
SCHOOL: ___________________________________________________________
WORK HISTORY (ATTACH A SEPARATE SHEET IF NECESSARY):
_______________________________________________________________________
_______________________________________________________________________
This application must be accompanied by a copy of your last transcript (high school or college), a letter of personal
recommendation, a letter of scholastic recommendation, and a short statement explaining your reasons for
applying for the scholarship and why you chose to become a paralegal. List any organizations to which you belong
and any community or school involvement. The letters of recommendation must come from people familiar with
your scholastic and leadership abilities. At least one letter must come from a teacher who is familiar with your
scholastic ability. APPLICATIONS SUBMITTED WITHOUT ATTACHMENTS WILL NOT BE CONSIDERED. Applications
should be returned to the Tennessee Paralegal Association by October 15th of this year.
All application materials or written inquiries should be mailed to:
Tennessee Paralegal Association
Attn: Scholarship Committee Chairperson
P.O. Box 21723
Chattanooga, TN 37424
All information contained in the application will be kept confidential.
TENNESSEE PARALEGAL ASSOCIATION
APPLICATION FOR CLA/CP EXAM SCHOLARSHIP
The application’s questions are designed to let the Committee Members know more about you.
Please be sure to include all information you think pertinent.
NAME: ___________________________________________________
LAST FIRST MIDDLE
ADDRESS: ___________________________________________________
STREET
___________________________________________________
CITY STATE ZIP
TELEPHONE: _______________________________________________
EMPLOYER: _______________________________________________
EMAIL ADDRESS: _____________________________________________
DATE SCHEDULED TO
TAKE CLA/CP EXAM: ________________________________________
Applications should be returned to the Tennessee Paralegal Association by October 15, 2010.
This Application MUST be accompanied by the following:
 Resume;
 Letter(s) of recommendation; and
 Short essay/paragraph detailing why you want to obtain CLA/CP credential and study plans
to prepare for exam.
All application materials or written inquiries should be mailed to:
Tennessee Paralegal Association
Attn: CLA/CP Exam Scholarship Committee
P.O. Box 21723
Chattanooga, Tennessee 37424
ALL INFORMATION CONTAINED IN THIS APPLICATION WILL BE KEPT CONFIDENTIAL.
Message From
The Paralegal Advocate Team
We would appreciate your contribution to The
Paralegal Advocate by submitting articles of
interest to you to be published. Please note the
deadlines for each issue and feel free to provide
any information you would like published prior to
the deadline.
If you would like to have articles published on
specific topics in the Advocate, please contact
us.
- The Paralegal Advocate Team
THE PARALEGAL ADVOCATE
is published quarterly by the Tennessee
Paralegal Association, an affiliate of the National
Association of Legal Assistants, Inc. Articles and
other information for the newsletter should be
sent to the Advocate Team at the below
address. Please title subject heading “For TPA
Advocate:
Tennessee Paralegal Association
Attention: Advocate Team
Post Office Box 21723
Chattanooga, TN 37424
or lmccullaugh@comcast.net
DEADLINES FOR UPCOMING ISSUES:
SUMMER: JUNE 30, 2010
FALL: SEPTEMBER 30, 2010
WINTER: DECEMBER 31, 2010
SPRING: MARCH 31, 2010
Special Request: Please submit 2 weeks prior to
deadline, if possible. Thank you.

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2010-01-Spring-The Paralegal Advocate

  • 1. TPA is an affiliate of the National Association of Legal Assistants INSIDE THIS ISSUE: ◊ President’s Message ◊ How to Stay at the Top of Your Game – Article: Vicki Voisin, ACP ◊ Service – Volunteer: Professional Honor – Article: Chris Whaley, Esq. ◊ Announcements ◊ Court Reporter Licensure Required ◊ RAS, Inc. – Article: John Barber ◊ Fear The Middleman – Article: Heather Scott, CSR-RPR-CRR ◊ 2010 CLA/CP Certification Exam Coming Up! ◊ NALA Campus Live ◊ Scholarship Announcements - Student Scholarship - Member Scholarship ◊ Spring Seminar Agenda ◊ 2010 Officers & Board ◊ 2010 Chapter Officers ◊ NALA Announcement ◊ NALA Convention Jacksonville, FL ◊ Sustaining Members ◊ TPA Outstanding Award ◊ Outstanding Member Nomination ◊ Applications for Scholarships Tennessee Paralegal Association Post Office Box 21723 Chattanooga, TN 37424 http://www.tnparalegal.org PUBLICATION OF THE TENNESSEE PARALEGAL ASSOCIATION President’s Message Hello Fellow TPA Members: I am very excited that Spring is just around the corner!! Our Spring Seminar will be hosted by the East Tennessee Chapter in Knoxville on April 23 and 24, 2010 at the Jameson Inn. Topics include Domestic Law, Bankruptcy, Comprehensive Analysis of Weightbearing MRI v. Traditional MRI – How it Can Make or Break Your Case, Criminal Law and Evidence. Due to a mistake on part of Jameson Inn, the rooms have been discounted to $40/night. Seminar brochures and registrations have been mailed. If you have not received a brochure, please contact me (sherri.satterfield@leitnerfirm.com) and I will forward to you. Our Central Chapter is up and running!!! Officers have been established and a meeting place has been designated. The Central Chapter meets on the third Monday of each month at Burr & Forman in Nashville, Tennessee. There has been a good turnout and interest from area paralegals. We wish the Central Chapter continued success in growing its membership! The NALA Convention is in Jacksonville, Florida on July 14-17, 2010. Laysha McCullaugh and I will be attending. Anyone who is interested in attending and wishes to carpool, please let Laysha (lmccullaugh@fleissnerfirm.com) or myself know by the Spring Seminar. Hope to see everyone at the Spring Seminar! Sherri L. Satterfield, CP TPA President Spring 2010 Volume 29 Number 1
  • 2. How to Stay at the Top of Your Game By Vicki Voisin, ACP Has this happened to you? You wake up one day and realize you're no longer the youngest kid on the block. You've worked as a paralegal for a decade or more. You're feeling a bit stale. You wonder if you've made the right career choice. You consider your options and see only limitations. You don't feel quite at the top of your game. It's time to change your mindset! Staying on top of your game requires some work...and I don't mean the kind of work that keeps you behind your desk from 9:00 to 5:00 (or later) every day. I'm talking about the work you must do to keep you and your mind fresh and energized. Here are some simple steps you can take to do just that: 1. Never stop learning. Always embrace change. Stay in the know! People who are always learning something new are not only more interesting, but also happier in general. There's constantly something fresh and exciting going on: new rules, case law, and procedures, as well as new books, courses, technology, and vocabulary. Make a deal with yourself to learn something new every day to keep your motivation in high gear. 2. Credentials do matter. Credentials say a lot about you: your depth of knowledge, credibility, determination, diligence, and more. Don't kid yourself...if you're in competition for a job with a person who has the same amount of education and work experience, your credentials will give you the leg up you'll need. Be sure to pursue all of the credentialing you can...then be sure to toot your horn. Let people know you have those credentials and how hard you worked for them. Also, put the designation on your business cards and firm letterhead. If you're curious about authority to do that, see Peel v Attorney Registration and Disciplinary Committee of Illinois, 110 S.Ct. 2281 (1990). 3. Join an association...local, state and/or national. My mother always said, "Birds of a feather flock together." This is certainly the case with professional associations. An association will provide you with continuing education opportunities, as well as connections that will enhance your career. You will make lifelong friends that you can count on for assistance when you need contacts or information from their neck of the woods. This will happen more often than you might think. 4. If joining is good, being a contributing, hard-working member is even better. Just carrying your membership card isn't enough. You'll reap the benefits of belonging to an association when you jump in with both feet, get really involved, and take on responsibilities: write articles, speak at seminars, plan a retreat....be generous with your time, your ideas and your enthusiasm. When you do this, you'll find your voice, you'll make a difference in the profession, and you'll be more 'professional.' 5. Never say, 'I can't.' There's absolutely nothing you can't do once you put your mind to it. When you're offered a challenge at work, tackle it with gusto. Ask for help and guidance if you need to. Learn everything that will assist you in meeting the challenge. Dig in and work hard. Repeat the mantra of The Little Engine That Could: I think I can, I think I can, I think I can. Then change that to 'I KNOW I can!" You WILL reach the top of the mountain...success is waiting on the other side. 6. Make yourself available to those who may be newer to the career field. If you've been in the profession for a while, you should welcome, encourage, mentor and praise those who are coming after you. They will look to you for advice and direction. Be there for them. They are the future but guidance from those with history is crucial. Ruth Conley of Houston, TX (a member of the Houston Paralegal Association) joined me for this picture. Ruth participated in NALA's first LEAP Program. LEAP stands for Leadership Enhancement and Preparation. Ruth and all the others in the LEAP program spent the past year learning the ropes of leadership. Congratulations to all of you for meeting this goal! Your challenge: Think about the steps you can take to stay on top of your game. Go new places, nurture your friendships, accept challenges, embrace goals. Never stop until you're at the top of the mountain...I know you'll like what you find on the other side. © 2008 Vicki Voisin, Inc. Do you want to use this article in your newsletter, e-zine or website? You can, so long as you include this entire blurb with it: Vicki Voisin, also known as The Paralegal Mentor, publishes the bi-weekly ezine 'Strategies for Paralegals Seeking Excellence' where she offers tips for paralegals and others who want to create lasting success in their personal and professional lives. Get tips and information at no cost at www.paralegalmentor.com.
  • 3. SERVICE – VOLUNTEER – PROFESSIONAL HONOR By Chris Whaley, Esq. “Service to others is the rent you pay for your room here on Earth." --Muhammad Ali “Volunteers are seldom paid; not because they are worthless, but because they are priceless!” --Author Unknown As I‟m writing this article, the Tennessee men‟s basketball team has just lost a heartbreaker to Michigan State. The one-point difference will now be analyzed on ESPN, CNNSi and every regional and local sports-talk radio station in the South. What might the defense have done differently? What offensive scheme might have been more effective? Would Coach Pearl’s orange jacket have made a difference? Sports is analyzed (and over analyzed) again and again. Naturally, the game has me thinking of the Volunteers and what it means to be a volunteer. Tennessee is the volunteer state, not only because the sports teams of the university that bears the State‟s name bear that mantle but, originally, because of the prowess Tennesseans displayed during the War of 1812 – particularly during the Battle of New Orleans. Most of us in America, and in the legal profession, at least give lip service to the idea of volunteerism. It‟s a noble idea right up there with paying our taxes, saluting motherhood & apple pie and trying hard to “do the right thing.” In the legal profession, it‟s more than just a „good idea‟. Legal professionals are expected to give back to our communities in a number of ways, particularly by providing legal assistance to those who cannot afford to pay for it. Rule 6.1 of the Tennessee Rules of Professional Conduct states: A lawyer should aspire to render at least 50 hours of pro bono legal services per year. In fulfilling this responsibility, the lawyer should: (a) provide a substantial portion of such services without fee or expectation of fee 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 needs of persons of limited means; and (b) provide any additional services through: (1) delivery of legal services at no fee or at a substantially reduced fee to individuals, groups, or organizations seeking to secure or protect civil rights, civil liberties, or public rights, or charitable religious, civic, community, governmental, and educational organizations in matters in furtherance of their organizational purposes, where the payment of standard legal fees would significantly deplete the organization's economic resources or would be otherwise inappropriate; (2) delivery of legal services at a substantially reduced fee to persons of limited means; or (3) participation in activities for improving the law, the legal system, or the legal profession. (c) In addition to providing pro bono public legal services, a lawyer should voluntarily contribute financial support to organizations that provide legal services to persons of limited means.
  • 4. Paralegals are expected to abide by these standards, as stated in NALA Canon 10: A paralegal's conduct is guided by bar associations' codes of professional responsibility and rules of professional conduct. So, there it is – we have to do it. Whether we work as an attorney or as a paralegal, volunteerism is dictated to us via professional ethics standards. That, I fear, is part of the problem – many of us look at the volunteerism standard as a ball-and-chain that must be fulfilled year after year, just as we work to fulfill our continuing legal education requirements. It makes sense, in one way of thinking – we‟re all busy (more than busy in most cases) and, though we‟d like to be excited about giving our time away, the truth is that there‟s too little time to give away and what time we have is too precious to give away. Point made – I hear you. However, just consider matter from a bigger perspective. As legal professionals, we‟ve been given knowledge and we‟ve honed talents that are in demand – and in need -- by most of the general public . . . and much of the general public who need our services cannot afford it. Yes, firms must make money to pay the bills (including our salaries) but ours are also positions of honor and a part of deserving that honor is to give back to those who need it. During the recent catastrophes in Haiti and Chile, many of us have watched medical professionals, construction workers, and search and rescue experts flock to those nations to provide assistance. My skills as an attorney may not be particularly helpful to the many suffering Haitians and Chileans, but that should not stop me from giving monetarily or in any other way that will provide assistance. Likewise, I should realize that the populations of people who are suffering and in need are not all outside our borders. There are people within a much closer proximity who could greatly benefit from our training and know-how. The question is – will we reach out or will we say “I wish I could, if I wasn‟t so busy.” It‟s true - volunteerism is mandated in our profession. However, let‟s try to look upon it as professional honor. I promise you – that‟s what it really is. Chris Whaley serves as Chief Academic Officer and Professor of Legal Studies at Roane State Community College. He can be reached at whaleycl@roanestate.edu. He isn’t accustomed to writing articles this serious and he’s quite sure whatever it is will be temporary and will not have a lasting impact on future articles. ANNOUNCMENTS We welcome our new Central Tennessee Chapter. Our new Chapter has now held three meetings since beginning their Chapter in January. They have already started plans for a community service project in July and have been working hard at recruiting new members for their Chapter. Our expression and special thanks to Louise Mulderink and Susan Veal for their time and contribution in supporting the paralegals interested in the Nashville area to start their own Chapter. The West Chapter is gearing up and getting ready to help the Madison County Bar Association with Law Day on April 30. Our chapter will also be awarding the Ernie Gray Paralegal Utilization Award again this year to the attorney who best utilizes his/her paralegal. We do this every year and it’s always been a nice addition to Law Day. Not to mention, attorneys are thrilled to be nominated and win this prestigious award, which is solely recommended and nominated by his/her staff. Recently, we had a great time and enjoyed being involved in the TBA Mock Trial here in Jackson on February 27th . Our paralegals performed the duties of bailiff and we all had a great time! The Young Lawyers Division said they enjoyed having our help and looked forward to calling on us again for their next event, a “wine-tasting” event in April. – Courtney Sydnor, Chapter Chair
  • 5. Our Central Chapter is now off the ground so spread the word! We are excited about our new chapter and hopeful in our expectations of its growth over the next year. The Nashville firm of Burr & Forman, LLP has graciously provided us the use of its beautiful conference room for our monthly meetings, which are generally scheduled for the fourth Monday evening of each month. The conference room is in an ideal location near downtown but is easily accessible to paralegals outside the immediate downtown area as well. We have scheduled Jackie Dusek, an experienced corporate paralegal, to speak at our May 24th meeting about “A Day in the Life of a Corporate Paralegal.” A local court reporter service, Cannon & Stacy, has also offered to provide refreshments that evening. Our CLE topic for the June meeting will be “Entertainment Law” and will be provided by Attorney Kevin Doherty. We are busy planning our next year and discussing ways that we can get involved in our community. We have designated the month of July to do a group service project and are in the process of considering different charities and community programs for that project. Thanks to the officers of TPA and all its members, the Central Chapter is starting off on a strong foundation. We are grateful for the continued support and welcome you all to visit Nashville and attend any of our upcoming meetings. You can stay up-to-date on our growth and find out our CLE topic of the month (and show your support!) by joining the TPA’s Central Chapter “facebook” group. – Theresa Koslofsky, Chapter Chair Keep track of our Central & East Chapter on Face Book. Central Tennessee Chapter of the Tennessee Paralegal Association and East Tennessee Chapter of the Tennessee Paralegal Association The Lawassa B. Jones Scholarship Recipient for 2009 Michele Mize at Volunteer State Community College The Southeast Chapter continues our monthly Learn at Lunch meetings on the 3rd Tuesday of each month at 11:30 a.m. at the United Way Building of down town Chattanooga. Our speakers provide information on timely topics in the legal field. In February, members were provided an opportunity to independently volunteer through United Way sponsored programs. This gives each member opportunities each month to volunteer for a community activity that fits within their own schedule and benefit the community as well. As a group, the Southeast Chapter will be participating in a sponsored community project as well during this year too. In addition, nominations are currently being accepted for the Judge W. Neil Thomas, III Paralegal Utilization Award from our members. This Paralegal Utilization Award was a great addition to our Chapter last year that was mirrored from the West Chapter’s Ernie Gray Paralegal Utilization Award. The Award will be presented to the selected recipient at the 2010 Chattanooga Bar Association on Law Day. Then in the 2010 Spring session Chattanooga State and the University of Tennessee at Chattanooga intend on having another mock trial with the Southeast chapter hosting and acting as jury. Also, paralegal student shadowing of members are being arranged. – Christie Gass, Chapter Chair Please forward any announcements for The Paralegal Advocate to lmccullaugh@comcast.com you wish to make.
  • 6.
  • 7. Records Acquisition Services, Inc. (RAS) www.rastn.com By John Barber For as long as I can remember, these two things have really intrigued me: 1) Computer technology and its potential for creating new lifestyle efficiencies, and 2) The legal process and how it aims to provide a fair playing field for adversaries to adjudicate their differences. In late 2003/early 2004, after seven years of working as a litigation paralegal in three different insurance defense firms in both Michigan and Tennessee, I decided that I needed to clarify my professional purpose and really begin to use my energy and interests to make a positive impact in the legal field. The concept of utilizing technology in an effort to make people‟s lives easier gave me an indescribable sense of “being on the right track.” My litigation experience showed me that the prevailing methods for accomplishing records discovery not only created massive amounts of duplicative and wasted paper but, more importantly, caused a good bit of duplicative and wasted professional time and effort as well. In short, it appeared that there was simply no good way to get everyone “on the same page” without having to devote an inordinate amount of time and effort. Since the purpose of litigation is to accomplish justice, I was convinced that this amount of wasted time, effort, money and resources in litigation was nothing short of an injustice. I believe I am correct in saying that court rules were enacted, in large part, to allow adversarial parties to create and have equal access to a centralized and transparent “record” of information. Of course, not all information in litigation is or should be equally accessible. But, certainly, there is a widely accepted definition of the type information that ought to make up this “record” (e.g., be “discoverable”) – that is, documents and other items possessed by non-parties that are clearly relevant to a plaintiff‟s claim of injury and damage. When that information is elicited orally, the parties of a lawsuit will go to great lengths to preserve those spoken words as part of the “record” by hiring court reporters to transcribe the testimony. Surely, I believed, there was a way to accomplish something similar with documents maintained by non-parties as well. In the first third of this decade, there were three new, emerging elements in society that I believed represented part of the solution to this common dilemma: 1) the widespread availability of broadband internet access, 2) the plummeting price of digital storage and 3) the standardization of Adobe System‟s portable document format. In my mind, there was only one thing missing : a neutral person or company with the unique knowledge, experience and drive to harness those emerging elements in order to provide a records discovery service and an online repository that could vastly decrease the amount of wasted paper, time and effort in litigation. The result of this soul-searching was the development of Records Acquisition Services, Inc. (RAS), or, more specifically, its primary service process – The RAS Alternative™. RAS was chartered in May of 2004. Its records discovery process, The RAS Alternative™, has since been used in over 800 cases throughout Tennessee and surrounding states. Over the past five years, court orders invoking our services have been entered routinely in the Washington, Knox, Hamilton, Davidson and Shelby County circuit courts. About 65% of the cases in which we are used are medical malpractice matters. Other cases include auto accident, workers compensation and general products liability actions. Our corporate office is located right here in downtown Knoxville – in suite 501 of The Walnut Building. To learn more about RAS, I invite you to view our website at www.rastn.com. I would be happy to speak with you by phone or in person as well. Please feel free to call me at (865) 546-4727. We certainly support the paralegal profession in general and the Tennessee Paralegal Association in particular – and we appreciate the opportunity to be a sustaining member of this great organization.
  • 8. Fear The Middleman by Heather Scott, CSR-RPR-CRR “One call does it all!” When hiring a court reporter for an out-of-town deposition or other meeting, law firms often turn to the Internet. A quick online search for a reporter in any given area will deluge the user with advertisements for nationwide firms (hereafter referred to as “The Middleman”) that claim to have court reporters available all across the country. “Give us a call and we will handle everything. Need a videographer? Need a conference room? How about a translator? We will get it all set up for you at no additional charge.” The truth is that almost every court reporter or firm will offer those services at no additional charge. One call to a local is all it takes, too, and you just might find that the service is far superior. And whether you realize it or not, you either choose to work with the locals from the very beginning, or you call The Middleman and he will schedule with the local firms. These nationwide scheduling firms do not, as they make it appear, have court reporters on staff in every nook and cranny of the world. So what difference does it make to you, the hiring party, as long as someone shows up with their mysterious little machine and soon thereafter you have a transcript? As a matter of fact, you might add: “The Middleman offers huge discounts; The Middleman will give me a free iPod when I schedule a deposition; The Middleman promised to beat everyone else’s price by at least ten percent!” As is true in every aspect of life, “There is no such thing as a free lunch.” The Middleman spends tremendous amounts of money to direct you to his site or 1-800 telephone number. How is that money recouped? There are only two places it comes from; out of the hiring party’s pocket or the court reporter’s (or both). And once The Middleman corners the market in a reporter’s town, the court reporter faces taking the assignment on the firm’s terms, or having no work at all. Let’s take a look at an example. When talking to The Middleman or browsing his website, you will find that he promises users will pay a fraction of the cost of hiring a local reporter or firm. That sounds good, right? But what does The Middleman tell court reporters to encourage them to take assignments from him? He tells us that he does not negotiate our rates, and that we may charge him what we are accustomed to billing. So if we are to believe both of those statements, The Middleman is selling the end product for less than he paid for it. And he miraculously has money left over, because he also tells court reporters that he spends hundreds of thousands of dollars per year advertising our services. If The Middleman truly adhered to those principles, he would be out of business after the first deposition. He is an excellent salesman; he has to be. He must use smoke and mirrors to convince the consumer that he is essential to the process. He isn’t. There are many strategies the nationwide firms employ to increase profit. One particularly distasteful practice is reformatting of transcripts. It goes like this: The local court reporter takes a job for The Middleman. That reporter then emails their transcript file to The Middleman’s office, where the transcript is produced and distributed. The file the reporter emailed may be 100 pages long, and that’s what The Middleman pays the reporter for. Unbeknownst to both the reporter and the purchaser, The Middleman then uses software that reformats the margins, making them wider and stretching the transcript. So the client receives and pays for, say, a 130-page transcript. The extra 30 pages are pure profit to The Middleman.
  • 9. Another tactic these firms practice is advertising the lowest page rate possible, but then billing the client for things the client never requested. Some firms charge for delivery/postage at a much higher rate than they actually pay. They might also have exorbitant office/paper fees. They often charge a full-page price for word indexes and condensed transcripts, even if you didn’t want that service. Exhibits are copied at outrageous rates. The list of potential trappings could go on forever. It is bad enough to be the party that hired The Middleman, but heaven forbid you find yourself in a situation where you are on the other side of litigation or proceedings where your adversary hired The Middleman. The Middleman might have made a few concessions to the party that hired him, but if you choose to purchase a copy of the product, all bets are off! You will pay a large chunk of his profit, and often pay more than the hiring party. The logical next question leads to ethics. Is what The Middleman is doing legal? Is it ethical? Court reporters are governed by the state and national boards that license them. Many states have laws regarding court reporters engaging in contracting, which is offering one side of litigation at a reduced price, or other advantage, that is not offered to the opposing side. The National Court Reporters Association also has guidelines regarding reporter ethics and inappropriate client gifting (i.e. the iPod) used to entice hiring parties. The problem with The Middleman is that he is not a court reporter, but rather a business owner, so he cannot be held to the same ethical standards, nor does he risk losing a court reporting license. It must be made clear that by no means does this writing intend to encourage hiring parties to always use an individual court reporter and never use a firm or agency. There are lots of wonderful, ethical court reporting agencies (usually owned by court reporters themselves) that service their area of the market with their own staff. Most of the nationwide scheduling firms do not even have reporters on staff, and therefore cannot truly be called court reporting firms. All hiring parties are looking for ease and convenience. So how do you manage to cut out The Middleman without adding research time into your already packed schedule? There is at least one website that is free for users to browse and search for court reporters all over the nation. And the reporters that are members of the site are not permitted to advertise more than 120 miles away from their home base, so you get a local right from the beginning. I choose not to give the name of that website in this article, because I own it and I don’t want my words herein to be discounted as an advertisement. I merely want hiring parties to be aware that it is just as quick and simple to use a local reporter/firm as it is to call one that practices nationwide scheduling, and it’s usually much more cost-effective. Regardless of what method you use, take steps to cut out The Middleman, and you’ll soon wonder why you ever paid him a penny. – Heather Scott, CSR-RPR-CRR Freelance Court Reporter scott-rpr@sbcglobal.net To: All Re: Cut out The Middleman. I am providing Heather Scott’s website: FindACourtReporter.net With permission from Ms. Scott this article is submitted by: Jimmie Jane McConnell, CLA, CCR Owner - Miller & Miller Court Reporters Knoxville, TN. 37934 Jmccon3590@aol.com
  • 10. 2010 CLA/CP CERTIFICATION EXAM COMING UP! Filing Deadline: May 15, 2010 Exam: July 23 – 24, 2010 GO TO www.nala.org FOR ADDITIONAL DETAILS NOTICE: NEW APPROVED TESTING SITE UNIVERSITY OF TENNESSEE AT CHATTANOOGA NALA CAMPUS LIVE! Spring Program Online – Schedule of Presentations GO TO http://www.nalacampus.com Or See “ANNOUNCEMENTS FOR ADDITIONAL DETAILS SCHOLARSHIPS SPONSORED BY TPA The Lawassa B. Jones Scholarship & A CP/CLA Exam Scholarship For more information GO TO OUR WEBSITE AT: www.tnparalegal.org OR SEE END OF NEWLETTER FOR AN APPLICATION
  • 11. SPRING SEMINAR! April 23 & 24 – 2010 Spring Seminar hosted by the Eastern Chapter in Knoxville at the Jamison Inn. Seven (7) hours of CLE credit available. Check out our website for additional information and registration. Agenda for Spring Seminar Friday, April 23, 2010 10:00 – 12:00 Board Meeting 12:00 – 12:15 Registration 12:15 – 12:30 Welcome by President 12:30 – 2:00 Domestic Law, Debra House, Esq., Legal Aid Society of East TN 2:00 – 2:15 Break 2:15 – 3:45 Bankruptcy, Richard Mayer, Esq., Mayer & Newton 3:45 – 4:00 Break 4:00 - 5:00 Comprehensive Analysis of Weightbearing MRI v. Traditional MRI – How it Can Make or Break Your Case, David H. McCord, MD, Next Generation Imaging Saturday, April 24, 2010 8:00 – 9:00 Breakfast 9:00 -10:30 Criminal Law, T. Scott Jones, Esq., Banks & Jones 10:30 -11:00 Break and Checkout 11:00-12:30 Evidence, David E. Long, Esq., Leitner Williams Dooley & Napolitan
  • 12. 2010 TPA Officers and Board Members (Contact the officers/board members via our website: www.tnparalegal.org) President: Sherri L. Satterfield, CP, Leitner, Williams, Dooley & Napolitan, Knoxville First Vice President: Melissa G. Ledbetter, Republic Parking System, Chattanooga Second Vice President: Tammy R. Bradford, John D. Hamilton Attorney at Law, Jackson NALA Liaison: Laysha M. McCullaugh, CP, Fleissner, Davis and Johnson, Chattanooga Secretary: Pamela K. Leckey, CLA, Peggy G. Comstock Attorney at Law, Knoxville Treasurer: Phyllis A. Carter, SunTrust Bank (Retired), Chattanooga East Region Director: Susan E. Veal, Miller & Martin PLLC, Chattanooga West Region Director: LaFran Plunk, West Tennessee Legal Services, Jackson East TN Chapter Chair: Nita Gorman, Gary A. Davis and Associates, North Carolina S.E. TN Chapter Chair: Christie L. Gass, Horton & Maddox PLLC, Chattanooga West TN Chapter Chair: Courtney Sydnor, Nix, Patterson & Roach LLP, Jackson Historian: Susan Westmoreland, CEBS, Horton & Maddox PLLC (Retired), Chattanooga Parliamentarian: Susan Westmoreland, CEBS, Horton & Maddox PLLC (Retired), Chattanooga Publication Chairs: Laysha M. McCullaugh, CP, Fleissner, Davis and Johnson, Chattanooga & Susan E. Veal, Miller & Martin PLLC, Chattanooga East Tennessee Chapter Officers: Nita Gorman, Chapter Chair, ngorman@enviroattorney.com Michelle Black, Vice Chairperson/Program Chair, mb1967@frontiernet.net Tammy Murphy, Secretary, toppenbergburke@yahoo.com Sherri Satterfield, Treasurer, sherri.satterfield@leitnerfirm.com West Tennessee Chapter Officers: Courtney Sydnor, Chapter Chair, court3275@bellsouth.net LaFran Plunk, Vice President/Program Chair, lafran@wtls.org Jennifer Petty, Secretary, jlhp@bellsouth.net Tammy Bradford, Treasurer, trbradford@yahoo.com Southeast Tennessee Chapter Officers: Christie L. Gass, Chapter Chair, cgass@chattanooga-law.com Laysha M. McCullaugh, CP, Vice President/Program Chair, lmccullaugh@comcast.net Debra V. Marsee, Secretary, dmarsee@unum.com Lynn Hager, R.P., Treasurer, hager@chattanoogainjurylaw.com Central Tennessee Chapter Officers: Theresa Koslofsky, Chapter Chair Tabitha Langley, Treasurer/Secretary Naomi Thekkudon, Program Chair
  • 13. Karen Greer McGee Elected NALA President Karen Greer McGee, ACP, First Deputy Clerk for the Second Circuit Court of Appeal in Shreveport, and a member of both the Louisiana State Paralegal Association and the Northwest Louisiana Paralegal Association, has been elected President of NALA, The Association of Legal Assistants/Paralegals. She was elected for the 2010–11 term during the March 6 meeting of the NALA Board of Directors at the Association‟s national headquarters in Tulsa, OK, and brings many years of leadership experience to her role as President. She will officially take office in July at NALA‟s 35th Annual Meeting in Jacksonville, FL. She has said that her focus for her term of office is continued development of NALA‟s top- quality educational and certification programs for all paralegals, and the greater use of technology to foster communication and involvement among NALA members. She will also be working with the NALA Board of Directors on ideas and programs to further serve the expectations of NALA members, and to advance the paralegal career field. Ms. McGee has been a paralegal since 1988, earned the NALA Certified Paralegal credential in 1990, and earned her Advanced Certified Paralegal (ACP) in the field of civil litigation in 1994. She is a graduate of the Institute of Paralegal Studies at Louisiana State University, Shreveport, LA. She is a past president and served in various leadership roles for both the Northwest Louisiana and Louisiana State Paralegal Associations. She was named Outstanding Paralegal of 1996 by the LSPA. She is also a member of the National Conference of Appellate Court Clerks. Ms. McGee has been a member of the NALA Board of Directors since 1998, serving as Treasurer, Secretary, Second Vice President and First Vice President. She has also served as Chair of the NALA Certifying Board and the NALA Continuing Education Council. The National Association of Legal Assistants has more than 6,500 individual members among approximately 18,000 paralegals represented through affiliated associations across the nation.
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  • 15. Remember the Sustaining Members That Support Us!!!!! Tracy Imaging Roane State Community College National Networks Reporting, Co. http://www.tracyimaging.com http://www.rscc.cc.tn.us/ http://www.nnrc.com/ Gibson Court Reporting The University of Tennessee at Chattanooga London & Amburn, P.C. http://gibsonreporters.com/ http://www.utc.edu/ http://www.latlaw.com/ The University of Tennessee at Knoxville Miller & Martin, PLLC Records Acquisition Services, Inc. http://www.outreach.utk.edu/ http://www.millermartin.com/ https://www.rastn.com/ University of Tennessee also offers this site for paralegals: www.utparalegal.com or call: (865)974-0150 Truesdel & Rusk Registered Professional Reporters Precise Reporting, Inc. http://www.truesdelrusk.com/ http://precisereporting.net/ The Norcross Group Document Solutions, Inc. http://www.norcrossgroup.com/ http://www.dsionline.biz/
  • 16. TPA’S OUTSTANDING MEMBER AWARD For the past nine years, TPA has awarded one of its members the Outstanding Member Award. Any member of TPA may nominate any other member who has gone beyond the call of duty in promoting the paralegal profession. If you would like to nominate someone for the 2010 Outstanding Member Award, please complete the form below and write a short essay answering the question, “How does the nominee promote the paralegal profession?” Please address your nomination to Outstanding Member Nominations and mail it to TPA‟s address listed on the form no later than October 15, 2010. All nominations will be sent unopened to the chairperson of the outstanding member committee. That committee will make the decision and present the award to the recipient at the Annual Membership Meeting in November. This is another way TPA promotes our profession and recognizes our outstanding members! OUTSTANDING MEMBER NOMINATION The Tennessee Paralegal Association has instituted an award to recognize TPA members who have made an outstanding contribution to our profession. Please nominate a paralegal you respect for his or her promotion of the paralegal profession and answer the following question about your nominee: How does the nominee promote the paralegal profession? The deadline for nomination is October 15, 2010. Paralegal Nominee‟s Name: Firm/Company‟s Name: Address: Office Phone: Office Fax: Email Address: Your Name: Firm/Company Name: Address:: Office Phone: Office Fax: Please send the answer to the question and this form to: Outstanding Member Nominations Tennessee Paralegal Association P.O. Box 21723 Chattanooga, Tennessee 37424
  • 17. TENNESSEE PARALEGAL ASSOCIATION APPLICATION FOR THE LAWASSA B. JONES MEMORIAL SCHOLARSHIP The application's questions are designed to let the judges know more about you, please be sure to include all information you think pertinent. NAME: ________________________________________________________________ LAST FIRST MIDDLE ADDRESS: ____________________________________________________________ ____________________________________________________________ Number City State TELEPHONE NUMBER: _____________________________________________________________ AREA CODE NUMBER EMPLOYER: _____________________________________________________ _____________________________________________________ E-MAIL ADDRESS: _____________________________________________________ SCHOOL: ___________________________________________________________ WORK HISTORY (ATTACH A SEPARATE SHEET IF NECESSARY): _______________________________________________________________________ _______________________________________________________________________ This application must be accompanied by a copy of your last transcript (high school or college), a letter of personal recommendation, a letter of scholastic recommendation, and a short statement explaining your reasons for applying for the scholarship and why you chose to become a paralegal. List any organizations to which you belong and any community or school involvement. The letters of recommendation must come from people familiar with your scholastic and leadership abilities. At least one letter must come from a teacher who is familiar with your scholastic ability. APPLICATIONS SUBMITTED WITHOUT ATTACHMENTS WILL NOT BE CONSIDERED. Applications should be returned to the Tennessee Paralegal Association by October 15th of this year. All application materials or written inquiries should be mailed to: Tennessee Paralegal Association Attn: Scholarship Committee Chairperson P.O. Box 21723 Chattanooga, TN 37424 All information contained in the application will be kept confidential.
  • 18. TENNESSEE PARALEGAL ASSOCIATION APPLICATION FOR CLA/CP EXAM SCHOLARSHIP The application’s questions are designed to let the Committee Members know more about you. Please be sure to include all information you think pertinent. NAME: ___________________________________________________ LAST FIRST MIDDLE ADDRESS: ___________________________________________________ STREET ___________________________________________________ CITY STATE ZIP TELEPHONE: _______________________________________________ EMPLOYER: _______________________________________________ EMAIL ADDRESS: _____________________________________________ DATE SCHEDULED TO TAKE CLA/CP EXAM: ________________________________________ Applications should be returned to the Tennessee Paralegal Association by October 15, 2010. This Application MUST be accompanied by the following:  Resume;  Letter(s) of recommendation; and  Short essay/paragraph detailing why you want to obtain CLA/CP credential and study plans to prepare for exam. All application materials or written inquiries should be mailed to: Tennessee Paralegal Association Attn: CLA/CP Exam Scholarship Committee P.O. Box 21723 Chattanooga, Tennessee 37424 ALL INFORMATION CONTAINED IN THIS APPLICATION WILL BE KEPT CONFIDENTIAL.
  • 19. Message From The Paralegal Advocate Team We would appreciate your contribution to The Paralegal Advocate by submitting articles of interest to you to be published. Please note the deadlines for each issue and feel free to provide any information you would like published prior to the deadline. If you would like to have articles published on specific topics in the Advocate, please contact us. - The Paralegal Advocate Team THE PARALEGAL ADVOCATE is published quarterly by the Tennessee Paralegal Association, an affiliate of the National Association of Legal Assistants, Inc. Articles and other information for the newsletter should be sent to the Advocate Team at the below address. Please title subject heading “For TPA Advocate: Tennessee Paralegal Association Attention: Advocate Team Post Office Box 21723 Chattanooga, TN 37424 or lmccullaugh@comcast.net DEADLINES FOR UPCOMING ISSUES: SUMMER: JUNE 30, 2010 FALL: SEPTEMBER 30, 2010 WINTER: DECEMBER 31, 2010 SPRING: MARCH 31, 2010 Special Request: Please submit 2 weeks prior to deadline, if possible. Thank you.