The Estrin Report

New Association for Bankruptcy Paralegals Forms

We've seen a number of new associations spring up lately.  This is a great sign!  It means that paralegals are getting much more involved in the profession, are more interested in ever in promoting the field and are developing more leaders.  While it's nice to have the old standby's, it's even more exciting to see fresh, new ideas, concepts and organizations entering the marketplace. It means positive change and moving forward.  Hard for some to accept, I know. 

Here's a press release we received about a new bankruptcy paralegal association.  Since bankruptcy is one of the hottest areas in this recession, you might want to check it out even if you are not a bankruptcy paralegal. It's always good to know other practice areas and meet other professionals.

Turea Simpson, a senior paralegal with Houston-based law firm Hughes Watters Askanase L.L.P. (www.hwa.com), has formed the Houston Association of Bankruptcy Paralegals (HABP). The HABP is the first association of its kind in Texas and just the second of its kind in the nation.

Simpson explained that she established the HABP because she saw a strong need and desire among Houston bankruptcy paralegals for continuing education and for face-to-face communication.

“Hughes Watters Askanase often sent me to bankruptcy seminars geared toward attorneys, but not paralegals. It came to me during one of these seminars that bankruptcy paralegals do not have our own events or workshops that help us continue our education which in turn enables us to be more successful at our jobs.  Because bankruptcy paralegals work with paralegals at other firms on a daily basis, the opportunity to meet colleagues face-to-face is especially important.”

Simpson said that response to the new organization has been excellent. The group hosted its first social event in May, and many attendees commented to Simpson that they were delighted to meet colleagues with whom they had worked with for years, but had never met in person.

The HABP governing board includes paralegals and an attorney from several leading Houston law firms. Board members include: President and Chairman Turea Simpson, HWA; Vice President Kinni Saldaña, The Law Office of Pamela L. Stewart; Secretary Tina Pavlock,  HWA; Treasurer Sandra Olivarez, HWA; Assistant Treasurer Karen Dockens, HWA; Parliamentarian Casey Mucha, Fulbright & Jaworski L.L.P.; Mentorship Committee Chair Yola Galvin, Jackson Walker, L.L.P.; Membership Committee Chair Mary Shiloh, Butler & Hailey, P.C.; Newsletter Editor Dru Graves, Adair & Myers, P.L.L.C.; and Board Advisor Marjorie Britt of Britt and Catrett, P.C.

The HABP has attracted over 40 members since Simpson introduced the organization in April. The HABP offers several levels of membership, including voting and non-voting levels, with annual dues of $50. All membership dues have been waived for 2009 applications. Additionally, the HABP has received significant sponsorship. Businesses that currently support the group include: Waldron & Schneider, L.L.P., Robert Half Legal, Hughes Watters Askanase L.L.P., Britt & Catrett, P.C., and Mach 5 Couriers Inc. Apart from banner and representative recognition at HABP events, sponsors will enjoy Website recognition and advertising space when the HABP publishes its official Website.

According to Simpson, the HABP plans to maintain an active schedule of events and programs. Plans include monthly Continuing Legal Education (CLE) events with guest speakers, an annual conference, pro bono opportunities, a peer-to-peer training and mentorship program, and an online job bank. HWA partner Dominique Varner spoke at the group’s first CLE event on June 12, during which she discussed “Proofs of Claim: How to Protect Creditors’ Rights.” Other guest speakers scheduled for this year include: Diane Livingstone, assistant U.S. Trustee; Hugh M. Ray, partner at Andrews & Kurth, L.L.P.; and The Honorable Judge Jeff Bohm, United States Bankruptcy Judge.

Simpson said the HABP board has been actively seeking several accreditations and affiliations that will connect the organization to both state and national resources. Simpson is petitioning the Texas Board of Legal Specialization to begin the process that would allow paralegals to become certified as bankruptcy paralegals. She has also applied for a National Association of Legal Assistants (NALA) Affiliation that will give the HABP a vote within NALA, access to national continuing education conferences, and the opportunity to promote the HABP on the NALA Website.

Simpson plans to expand the HABP statewide and nationally within coming years. “This organization is being a model for other organizations,” Simpson said. “I set the bar high for everything I do.”

About Turea Simpson
A Houston native, Simpson has been a bankruptcy paralegal for Janet Northrup, Of Counsel with Hughes Watters Askanase L.L.P., for the past eight years and has been in the bankruptcy field for over 10 years. Simpson has been a certified bankruptcy assistant since 2007 and is an active member of the American Bankruptcy Judicial Assistants (ABJA).  For more information on Hughes Watters Askanase, go to www.hwa.com.

About the Houston Association of Bankruptcy Paralegals
Established in April 2009, The Houston Association of Bankruptcy Paralegals offers members monthly CLE events, an annual conference, opportunities for pro bono work, a mentorship program and an online job bank. For further information on the HABP, please contact Simpson at tsimpson@hwa.com or phone 713-328-2833. 

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New Organization for Healthcare Paralegals Launches

Robin Margolis is at it again.  This industrious paralegal has started another organization for paralegals that fits the current trends in the field.  The Healthcare Paralegal Federation has been formed to meet the needs of healthcare paralegals, paralegals interested in learning more about healthcare law specializations, and legal professionals who are interested in the growth of paralegals in this field.

Margolis, an experienced paralegal from Washington DC and New York, has started two other paralegal organizations that are going strong:  e-Discovery Paralegal Network and The Association for Intellectual Paralegals. Why healthcare? 

"At the time that the paralegal profession originated in the early 1970s," says Margolis, "paralegals interested in healthcare primarily worked in medical malpractice for law firms. But over the last thirty years, healthcare paralegals have expanded into other incredibly diverse niches."

These niches include:

* healthcare law, legislation, regulation, and lobbying within law firms;

* insurance and corporate matters in health insurance company offices;

* legal nurse consultant businesses;

* medical malpractice groups in law firms;

* healthcare newsletter and website editing for law firms and legal publishing companies;

* patent counsel of pharmaceutical companies;

* disability law firms specializing in ADA (Americans with Disabilities Act) and other relevant laws;

*  Social Security law firms with practice areas devoted to this field;

* elder law (Medicare, Medicaid, trusts and estates, elder abuse, guardianship issues) ;

* Food and Drug Administration (FDA) and other  pharmaceutical and drug law practices within law firms;

* the general counsels’ offices of hospital systems and health maintenance organizations (HMO);

and many other settings, including government agencies dealing with healthcare issues.

  The Healthcare Federation for Paralegals plans to provide a job bank, networking opportunities, newsletter, healthcare forms and up-to-date information on the field. And, it is free to join.

Critical Need for e-Discovery Certification & The OLP

Today’s screaming for qualified e-discovery professionals has reached an unprecedented volume. Recently, Socha-Gelbman published an overview of the results of their annual survey on the Legal Technology News site.

One of the most important single observations from it is the shortage of expertise in the market-place with providers, law firms and corporations reported as “fighting each other for the few people who actually understand what is involved in handling electronic documents”. That is significant because the lack of qualified professionals can only grow as a problem. Predictions of 20% or 25% growth in the field does not guarantee that a generation of skilled and knowledgeable people are simply going to pop up. …

As a result of this crying need from judges, law firms and vendors alike, a new non-profit organization, The Organization of Legal Professionals (www.theolp.org) has been formed for the purpose of providing an exacting and tough certification exam to establish core compentencies. This organization has assembled a stellar Board of Governors and Advisory Council to assist them. The names of these legal icons are the best in the nation and beyond.

The benefits to law firms, legal departments and vendors alike are tremendous. Just a few include the delivery of higher level quality services; better adherence to risk management; lower malpractice rates; and assured competencies in a new profession that at present, has no barriers to entrance.

Certification has helped paralegals gain credibility with their law firms.  The NALA and NFPA certification exams have been very successful in getting across the point that paralegals with documented knowledge have the core competencies necessary to do the job.  The e-discovery certification, while open to many different positions, will help to serve as another tool for paralegals to move ahead in the profession.

We need your help. We need you to join and support us. We need you to help spread the word. The lack of qualified people in the fastest growing arena of litigation is unprecedented. And now, there is help.

Please go to http://www.theolp.org and join as a member, sponsor, student member or affiliate partner. Or, join us on the Advisory Council for 1-2 hours per month. Become a Subject Matter Expert and be in on the ground floor of this exciting adventure in solving a major problem in the legal field today.

The enormous challenges that have already been met by lit. support stars and hard-working, dedicated and persistent individuals in this field today should not be underestimated nor dismissed. It's simply time to take a look at the future and who will be entitled to call themselves an e-discovery expert and why.

I look forward to your thoughts. Please feel free to contact me or anyone on the Board of Governors or Advisory Council directly.

Why Would the S.C. Bar Stifle Competency Improvement?

According to the Carolina Paralegal News, South Carolina paralegals won't be seeing voluntary certification and registration any time soon.

The South Carolina House of Delegates has tabled a proposal for paralegals to start a voluntary certification program for paralegals.  The delegates referred a proposed Certified Paralegal Program back to the Paralegal Task Force which had billed it as an effort to improve the competencies of Palmetto State paralegals.

A five-month study by a 12-member task force explored the possibility of setting up the state's first paralegal registration system.

Michael J. Howell, a delegate, said he supported the concept but said the proposal needed to include a code of ethics and a method for enforcing it.

".....in order to provide high-quality legal services, you need professionals," Howell said.  "You've got to have some sort of code of ethics in this thing, like Florida does."  The proposal would require certified paralegals to take seven hours of Bar-approved continuing legal education each year, far more than California paralegals who are required to take 4 units of substantive CLE and 4 units of ethics every two years.

The proposal called for eligibility standards based on work experience and education accomplishments.  Violation of the program's rules would mean loss of certification.

The fees would include a $50 application fee and a $20 annual renewal fee from each certified paralegal, issue certificates and maintain a paralegal registry on its website.

It was interesting to read the reaction to the rejection in this article.  One person claimed that next "we're going to have certified secretaries and then certified runners and then certified mail people".  Another feared the program would "burden" Palmetto State practitioners as those firms might not find it economically feasible to shell out "big" bucks.  (Good lord, $50.00 per person per year? Cut down on the Starbucks and give us education.) Another attorney felt that with with 5 - 7 paralegals the fees were too high for the worst economic conditions.

Four paralegal organizations had said in position papers that paralegals expected to pay their fees themselves.  Apparently, the delegates didn't read that part.

Seven states, including North Carolina have voluntary certification programs similar to So. Carolina. Two states have voluntary registration.

To have certification in the legal field without requiring ethics would not have constituted a certification exam that ensured the paralegal was aware of one of the most important components of required learning.  I'll give the delegates that.  Too many mistakes are made through assumptions of what's right and ignorance of what's wrong. If the paralegals in South Carolina try again - and I hope they do - I encourage them to include the ethics portion of the exam.  That said, rather than rejecting the proposal, the delegates could have requested a rewrite and resubmission.

Voluntary certification ensures law firms and clients of delivery of higher quality legal services.  Since many paralegals can call themselves a paralegal without any training whatsoever, an employer takes a huge malpractice risk hiring paralegals who are not well trained or trained at all.  A test is no guarantee the paralegal is an excellent employee but it does set a baseline of core competencies the paralegal is expected to know, something this field needs desperately.  

The majority of paralegals are not legal secretaries who are moved into a paralegal position as was the case 30-40 years ago. It's not your mother's paralegal field.  Things have moved so quickly in a short  span of this profession that to encourage no barriers to entry to field no longer makes sense.

The Organization of Legal Professionals - An association worth joining

The Organization of Legal Professionals, a non-profit organization has launched its membership drive.  Dedicated to certification of e-Discovery and other areas in the legal field, this association has attracted some of the top lawyers and legal professionals in the country and abroad.

Dedicated to certification through education and collaboration, The OLP's goals include e-discovery certification through five levels of exams.

"Certification in areas such as e-discovery is very important for legal professionals who want to establish and document that they have extraordinary skills in this arena," said Harriet Cohen, Executive Director. "Experience has shown us that certification ultimately gives professionals more credibility and subsequently higher salaries. Very importantly, clients are assured they are receiving quality legal services and at the same time, law firms are assured they are receiving high quality services from vendors."

 

Membership is open to all legal professionals interested in promoting higher standards in the industry.

 

The Board of Governors is comprised of icons in the legal field who are dedicated to developing and providing the certifications. They include:

Professor Jay Grenig, University of Marquette School of Law
Browning Marean, Partner, DLA Piper
Tom O'Connor, Legal Electronic Document Institute
Jeff Fowler, Partner, O'Melveny & Myers LLP
Peter Del Valle, Esq., Complex Case Manager, Seyfarth Shaw LLP 
Eddie Sheehy, CEO, Nuix, Sydney, Australia
Joe Thorpe, Managing Director, International Litigation Services 
Madison S. Spach, Jr., Spach, Capaldi & Waggaman LLP
Shannon Capone Kirk, E-Discovery Counsel, Ropes & Gray
Herb Roitblat, Ph.D., CEO, OrcaTec
Douglass Mitchell, Counsel, Boies Schiller & Flexner LLP
Patrick Oot, General Counsel, Verizon Communications,
Anne Kershaw, A.Kershaw P.C. Attorneys & Consultants
Kunoor Chopra, Esq., President & CEO, LawScribe
Toni Marsh, Esq., Director of Paralegal Studies, George Washington University
Ron Friedmann, Sr. Vice President, Integreon
Nick Hariton, Esq., Managing Director & Counsel, Imaging Presentation Partners

The Advisory Council (partial listing)

Henry Alonso, Complex Case Director, Dept. of the Treasury, Washington, DC
Donald Billings, West Coast Manager Litigation Support Practice, Sidley & Austin
Kevin Chern, Esq., CEO, Total Attorneys Practice Management Association
Mary Buker, Principal, Litigation Technology & Consulting, Inc.
Nancy Jensen, Sr. Litigation Analyst, Reed Smith LLP
Debra Hindin-King, Litigation Paralegal, Holland & Hart
Anne Kemp, Principal, Litigation Support Management,
Julie LaBoe, Editor-in-Chief, LegalTechbase.com
Janet Powell, Case Manager, Olgetree Deakins
Jason Primuth, Principal, Unfair Advantage

The development of the first certification exam is well underway. The organization has opened its doors for members including attorneys, attorneys, litigation support professionals, educators, case managers, project managers, vendors and other interested parties who stand behind delivering higher education and quality legal services and products.

 

To join, please go to: www.theolp.org.

PS:  Current subscribers of KNOW, The Magazine for Paralegals and/or SUE, For Women Litigators may subscribe FREE for a limited time.

Stealth But Powerful Paralegal Organization Celebrates 25th Birthday

This year is the 25th anniversary of the International Paralegal Management Association (IPMA).  Surprisingly, not everyone has heard of this influential and powerful association, even after all these years. In fact, compared to associations such as NFPA and NALA, it keeps a comparatively low profile.

Yet, the organization is comprised of over 600 paralegal managers in the U.S. and Canada.  I was fortunate enough to be one of the co-founding members, yes, 25 years ago when I was but a mere puppy.

Originally called the Legal Assistant Management Association (LAMA), the group changed its name as the profession took on members from outside the U.S. and the term legal assistant began to mean a legal secretary, who was not often trained as a paralegal.  Requirements for membership include the duties of supervising at least one paralegal.  There are also five categories of memberships:  regular, associate (paralegal with some management responsibilities), academic, emeritus and sustaining (available for vendors).

Paralegal managers can hold a variety of positions such as a working supervisor (must bill time) to a full-time administrative or director position.  The managers are from law firms, in-house legal departments and government agencies. 

IPMA offers a fantastic yearly conference, usually held in the fall of each year.  This 3 day event attracts paralegal managers, attorneys, administrators and educators who come together to concentrate on the latest trends in paralegal management.  It's probably one of the best networking events in the paralegal field today.

Additionally, Altman Weil underwrites a comprehensive utilization and salary survey with IPMA.  This is probably one of the more detailed paralegal surveys today.  While it concentrates on major and mid-size law firms in metropolitan areas, it gives you a very good picture of the current paralegal marketplace.

I remember when we first started the organization.  I was a brand new paralegal manager.  Eight of us from around the country got together and decided to start the organization.  We each put in $400.00, totaling $3200 and with that money, we started the organization and held our first conference.  I've watched this organization grow over the years and influence many important career changes in the profession. 

Things are different today with the Internet, social media, webcasts and other types of technology that can bring you together faster and with more ease.  However, if you are looking for something that will stretch your career, increase your visibility and give you a lifetime of wonderful memories, you might think about starting an association.  In all of the organizations I've belonged to, the awards that were so thoughtfully given to me, the international network I am fortunate enough to be a part, nothing really stands out or means as much to me as the relationships that I was able to create and that lasted throughout my career all these years later as those with the members of IPMA.

Congratulations, IPMA.  It's been one heck of a wild ride.

Fort Worth paralegal named Legal Professional of the Year

Hearty congratulations to Leslie Stokes for receiving this award reported by Pegasus News:

"Leslie G. Stokes, Certified PP, PLS, TSC-CL, at the Law Offices of Steven C. Laird, P.C., in Fort Worth, has been named Legal Professional of the Year for 2007-2008 by the Texas Association of Legal Professionals.

"Ms. Stokes, a native of Fort Worth, was presented with the award at the Texas ALP's recent annual meeting in Arlington. She has worked as a paralegal at the Laird firm for the past six years.

"Ms. Stokes works under the supervision of two attorneys on complex medical malpractice and personal injury cases. She is involved in every aspect of trial preparation, including handling upkeep of case files, meeting with clients, monitoring deadlines, coordinating and scheduling depositions, hearings, mediations, and expert interviews. In addition, she researches legal issues, drafts pleadings and discovery and does background research on witnesses.

"'Leslie is an invaluable member of our legal team,' says firm founder Steven C. Laird. 'Without her and our other paralegals, we lawyers wouldn't be prepared to set foot in a courtroom. She is very deserving of this honor.'"

Such welcome praise from a lawyer!

Paralegals 'Adopt' Military Paralegals

This article from the Richmond (KY) Register -- "Showing you care may be easier than you think" -- shows how you can help support US troops:

"Receiving a package from someone special is always exciting, but for troops serving overseas, it’s a little piece of home.

"Many people may think it’s a good idea to send some goodies to our men and women who are at war, but don’t know where to begin. One Richmond woman said it’s easier than you might think.

"Lee Williams is a Richmond citizen and a member of the Greater Lexington Paralegal Association, an organization which provides resources to paralegals in Lexington, Richmond, Winchester and other surrounding areas. Since 2005, Williams and other GLPA members have adopted other paralegals who are in the military. They send them care packages and keep in contact with them until they come home.

"'It is a very simple thing to do,' Williams said. 'We have a military-issued list of what we can send to them and everybody has a copy of it. We donate to the box and when it’s full, we send it on. We always get responses that it makes them feel like Christmas and how thankful that they are that they have not been forgotten.'"

You can see the list of approved items at the article's end.

Conspicuous Hole in [Paralegal] Ethics Training

This commentary in Law.com by an experienced paralegal surprised me. What's your reaction?

"For all the talk of the need to prevent ethics transgressions in the legal profession, a glaring education gap exists for one group: paralegals.

"Usually, it does not rise to the level of a topic to be covered -- until there is a problem. It generally crops up after an unintentional violation of the attorney-client relationship by support staff members who have received no ethics training.

"As a paralegal for more than seven years, I often get questions from colleagues asking what to do in certain situations. Those of us who have been educated in an American Bar Association-accredited program have some knowledge of ethical issues. However, some support staff are not even aware of the ethical issues to avoid, yet they are on their firms' front lines every day, in danger of unintentionally violating ethics rules.

"In a poll taken on Jan. 3 by NJParalegal, we asked our members the following: Have you ever received training or instruction by your attorney-employer on how to handle ethical issues, specifically, maintaining attorney-client relationships and the confidentiality of your clients?

"The answer: Of the 42 who responded, 80 percent said no."

Author Cindy Lopez is a paralegal in the office of Charles Byrnes in Toms River, N.J., and is founder of NJParalegal, a career resource. She's also a speaker for Estrin LegalEd Paralegal SuperConferences.

"Florida Supreme Court hears paralegal rule argument"

Paralegals working in Florida will want to keep an eye on the proceedings outlined in the Jacksonville Daily Record:

"The Unlicensed Practice of Law (UPL) program was established by the Supreme Court of Florida to protect the public against harm caused by unlicensed individuals practicing law.

"This program is a proposal only. It has been approved by the Board of Governors of The Florida Bar. The Supreme Court of Florida must now rule on the proposal.

"Monday, the Supreme Court of Florida held oral argument on the proposed Florida Registered Paralegal rule [PDF]. The Court gave no indication as to when it will rule or how it will rule. Updates will be posted on the Bar’s Web site."