TPA is an

affiliate of the

National Association

of Legal Assistants INSIDE THIS ISSUE: ◊ President’s Message ◊ Ah … It’s Nice to Be Needed Article: Chris Whaley ◊ Who’s Doing the Filing? Article: Vicki Voisin, ACP ◊ 2009 CLA/CP Certification Exam Coming Up! ◊ NALA Campus Live ◊ Mark Your Calendar ◊ 2009 Officers & Board ◊ Chapter Information & News ◊ A Member of the Jury ◊ Challenges for the New Year ◊ Sustaining Members Tennessee Paralegal Association Post Office Box 21723 Chattanooga, TN 37424 http://www.tnparalegal.org

PUBLICATION OF THE TENNESSEE PARALEGAL ASSOCIATION

President’s Message

Spring has finally arrived, even though you may not be able to tell it by the weather. It is definitely a typical Tennessee early Spring. We have 80 degree temperatures one day and cold and rain the next, with a chance of snow. I would like for our Association to blossom as the flowers around us do. The only way for this to happen though, is for every one of us to become involved in some way. We each have a part-- whether it be to lead, provide support, or just participate. This newsletter is full of challenges for you. The first one I want to make to you is to grow our attendance and membership. I would like to challenge each one of you to invite just one new person to your next local chapter meeting and see what happens. Our Spring Seminar is in Jackson this year and will be May 1st & 2nd. Our West Tennessee members always have something up their sleeves and I cannot wait to see what it is this time. I hope to see each of you there. I will give you one clue as to what we have in store for us: What do Las Vegas, New York, and Miami all have in common?? Come to Jackson to find out!!! Tracey A. Williams, CBA President

Spring 2009 Volume 27 Number 1

Ah . . . It’s Nice to Be Needed

What made you first want to become a paralegal? A catchy reality-TV show such as Paralegal for the Stars or Paralegal Idol? No? Was it the hope that a Lane Kiffin-ish law firm recruiter would spend countless amounts of energy trying to convince you to come and work for his firm? Okay, I’m guessing many of you entered the profession because you had an interest in the law and you wanted to make a difference. Please, read on . . . According to SFGate.com, San Francisco Public Defender, Jeff Adachi, has issued a warning to the mayor and to the Board of Supervisors: Hire two additional paralegals for the PD’s office or his office will begin hiring private attorneys to represent new clients. According to the January 29 article:

. . . he will send some cases to private attorneys - at a cost to the city of up to $120 an hour. Adachi said the move could cost San Francisco more than $1 million a year.

"We are the only department that is constitutionally mandated," he said Wednesday. "The public defender's office has a responsibility, and we are obligated to decline representation if we are not properly staffed."

Adachi's request for $50,000 for two part-time paralegals was first rejected by Mayor Gavin Newsom in October, and then by a Board of Supervisors committee last week. The city faces a more than $500 million budget deficit next fiscal year, and elected officials have been demanding cuts from every department.

“Wow, Chris – they sound as strapped for cash as the State of Tennessee!” Yes, that was my first thought too. My second thought, however, was how this is a great illustration of how necessary paralegals are in today’s legal environment. Granted, they have a challenging situation in San Francisco and the potential that it could affect the Constitutional rights of the criminally accused is disturbing. However, the PD’s request for paralegals is very telling. He could have asked for one additional staff attorney – that would have sounded better to some (a more expensive hire, to be sure, but still one hire versus two). Yet, PD Adachi asked for paralegals – bright lad! Forty years ago, it was nigh impossible to find a local firm with a paralegal on staff . . . Thirty years ago, the same search would turn up little more than a handful of paralegals on staff. Yes, there were legal secretaries performing some paralegal tasks in those days. Today – it’s a different story. Does the profession still struggle to get the recognition it has earned? Yes (okay Chris, don’t get on your ‘Tennessee doesn’t recognize paralegals’ soapbox)! Are paralegal salaries often lower than the true value of their services? Again – yes. However, as slowly as times change . . . at least they are a changin’. More and more law firms, particularly in rural areas, contact my office in search of paralegal graduates and interns. More and more paralegal graduates report back that they are deeply involved in all types of cases, from civil and criminal litigation, to real estate and bankruptcy. Space limitations prohibit a listing of the wide variety of specific, substantive duties that they are assigned. The profession is on the rise. Yes, I know – there are days when you feel the profession may be on the rise but you feel that it’s merely rising up to beat you down . . . you feel over-worked, unappreciated and ready to pull your hair out (I can only imagine that last one, you understand). Hang in there . . . no, strike that . . . hang your head high! You are a paralegal and a valued member of the legal team. The legal world – and the rest of the world – are coming around to that realization. Rah – Rah – Sis – Boom . . . er, okay . . . sorry if I’m laying it on a bit thick, but I truly believe we’re only seeing the tip of the iceberg for the profession in this region. Thanks for reading! Chris Whaley serves as Dean of Social & Behavioral Sciences and Professor of Legal Studies at Roane State Community College. He can be reached at whaleycl@roanestate.edu He didn’t cheer in high school – well, unless you count cheering from the basketball bench. ☺

Who's Doing the Filing? By Vicki Voisin, ACP

There is a saying that goes like this: If you want to know if the person you are hiring is truthful, ask if they like to file. If the answer is 'Yes!' do not hire them because they are not truthful. NO ONE likes to file! Unfortunately, like it or not, filing accurately and regularly is crucial in our business.

A filing system is really a finding system. This is your method for storing information today and finding it quickly and easily tomorrow.

Searching for a misplaced document or file is not only a waste of time and energy, it is also a waste of money. Assuming you work 48 weeks in a year and spend just five minutes of each hour of an eight-hour workday looking for lost documents or files, you will waste 160 hours per year. Using a billing rate of $95 per hour (insert yours here), the annual loss is $15,200. Usually this search involves several people and it delays getting your work done, so the cost increases proportionately. You also lose credibility and appear unprepared when you do not have information at your fingertips.

A good filing system can remedy all of this. Here are some tips to help you create a system that will minimize the time you spend (waste) looking for lost files and documents.

Begin by making some decisions. First decide who is responsible for the filing. This may be delegated to one or more employees or it may be that the person doing the work on the file is responsible for putting their work away and cleaning up any loose ends. Unless this is clear, papers will be thrown haphazardly into the file, if they make it there at all, creating a continuing nightmare. Second, decide when the filing will be done. Again, doing this as you do your work is really the most efficient. If that cannot happen, establish a policy that filing is to be done by the end of every day or at the beginning of the next. Do not allow papers to disappear into a filing tray, never to surface again.

Establish a filing system that is easy and flexible. Your mantra should be 'store it where you can retrieve it...file it where you can easily access it.' Visualize how you use files and set up a system that is both flexible and matches your situation. This system should include a policy on where the files will be stored (a central area or in the office of the person working on the file?) with an explicit rule that the floor is not a filing cabinet. Also, how do you want the files set up in the first place? How will the documents be put in the file? What kind of file folder will be used? How do you want them labeled? Even if all the filing is done perfectly, if the label is not visible, you will not be able to find the file.

Remember that bloated files are a waste of money and space. Statistics reflect that you will only refer to about 20% of what you file. The remaining 80% just takes up space. Generally way too much paper is being filed in the first place. Aim to keep your files lean and mean. Do not save anything you will not need. Condense and purge whatever you can before filing. You do not need five copies of the same document. Before you put papers away, ask these questions:

• Is this relevant? • Will I need this again? • Can I get this again if I need it? • What are the consequences of getting rid of this? • What is the worst case scenario if I don't have this?

Depending on the answers to your questions, you may be able to get rid of the paper altogether.

Are you done? Move it out! Do the math: if you keep adding files to the filing cabinet and never move any out, the cabinet will soon be overflowing. When you are done with a matter, move the file to closed storage immediately. This is the only way to make room for new files. If more comes in than goes out, you have a problem. Your file drawers should have a minimum of two inches of free space or it will be too difficult to put anything away. Where will the files go? on your desk, on the floor...and the piles mount.

What about those files on your desk? A vertical step file organizer is your solution to the piles of files on the corner of your desk (or on the floor!) that become part of the landscape and soon forgotten. When the files are upright, they are easier to see and easier to locate. Your challenge: Visualize your office: consider the flow of work and the best location for your files. Then design a policy for setting up the files, doing the actual filing, and moving the closed files to storage. This policy will include who will actually do the work, when they will do it, and how it will be done. Be very clear and concise. Remember that this is a lot like home: if everyone understands their responsibilities, does their fair share and picks up after themselves, the problem will be solved.

2008 Vicki Voisin, Inc.

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.

2009 CLA/CP CERTIFICATION EXAM COMING UP!

Filing: May 15, 2009 Exam: July 24 – 25, 2009

GO TO www.nala.org FOR ADDITIONAL DETAILS

NALA CAMPUS LIVE!

Spring Program Online – Schedule of Presentations

GO TO http://www.nalacampus.com FOR ADDITIONAL DETAILS

MARK YOUR CALENDAR!

May 1st & 2nd – 2009 This year’s Spring Seminar will be hosted by our

West Chapter. You will not want to miss this event.

2009 TPA Officers and Board Members

(Contact the officers/board members via our website: www.tnparalegal.org)

President: Tracey A. Williams, CBA, Mostoller, Stulberg, Whitfield & Allen, Oak Ridge

First Vice President: Tammy R. Bradford, John D. Hamilton Attorney at Law, Jackson

Second Vice President: Louise C. Mulderink, CP, Husch Blackwell Sanders LLP, Chattanooga

NALA Liaison: Laysha M. McCullaugh, 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: Melissa Ledbetter, District Attorney General Bill Cox, Chattanooga

West TN Chapter Chair: Jennifer Petty, Barron, Johnson & Parham, Trenton

Historian: Susan Westmoreland, CEBS, Horton & Maddox, Chattanooga

Publication Chairs: Laysha M. McCullaugh, Fleissner, Davis and Johnson, Chattanooga &

Susan E. Veal, Miller & Martin PLLC, Chattanooga

CHAPTER INFORMATION & NEWS

East Tennessee Chapter

Our monthly meetings are held the 3rd Thursday of each month at 6:30 p.m. and alternate between Knoxville and Oak Ridge. Please contact Penny Wilson at pwilson@bvblaw.com or Nita Gorman at ngorman@enviroattorney.com for information regarding the meeting location and CLE topic.

Officers:

Nita Gorman, Chapter Chair, ngorman@enviroattorney.com Penny Wilson, Vice Chairperson, pwilson@bvblaw.com Pamela Leckey, Secretary, pleckey1@comcast.net Tracey Williams, Treasurer, TWilliams@msw-law.com Dawn L. Holt, East TN Chapter Newsletter Editor, dholt@colemanedwardspc.com

West Tennessee Chapter

Our annual Christmas meeting and reelection of officers were held Tuesday, January 13, 2009. The meeting was originally scheduled for December 16th, but was postponed due to bad weather. At the meeting, officers were chosen as follows:

Officers:

Jennifer Petty, Chapter Chair, jlhp@bellsouth.net LaFran Plunk, Vice President, lafran@wtls.org Courtney Snydor, Secretary, court3275@bellsouth.net Tammy Bradford, Treasurer, trbradford@yahoo.com

The meeting was held at the Olive Garden and those present exchanged gifts. Linda Lamb reported she and Tammy Bradford had been able to assist the TBA Young Lawyers Division in a special effort called “Wills for Heroes,” which provides free, basic estate planning services for law enforcement, fire department and EMS personnel. It was started after the events of 9/11 to show appreciation to "first responders." This event was held January 10th in Jackson and our chapter assisted in witnessing and notarizing the documents.

The Annual Law Day Celebration for the Madison County Bar Association is scheduled for April 24th in Jackson, for which we will be acting as hostess again. We have revised our questions for the Ernie Gray Paralegal Utilization Award as follows:

1. Describe how your attorney promotes your career/education as a paralegal 2. What are the strengths of your attorney/paralegal team? 3. In what ways does your attorney help you when you face challenges?

We are hoping these new questions will spark increased interest in the nomination process and promote this prestigious award. We have chosen May 1st and 2nd for TPA’s Spring Seminar. Our theme is “TPA is CSI - Conscientious, Supportive, Indispensable.” We are in the process of finalizing hotel plans and getting information from our speakers.

Southeast Tennessee Chapter

Our monthly Learn at Lunch meetings are held 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 and CLE credit is provided through NALA. Officers:

Melissa Gerber Ledbetter, Chapter Chair, mledbetter@gkhpc.com Melinda Killian, Secretary, Melinda@tombiblelaw.com Lynn Hager, Treasurer, hager@chattanoogainjurylaw.com Christie Gass, Program Chair, cgass@chattanooga-law.com

A Member of the Jury

Have you ever thought about being selected to serve on a jury? Our chosen profession can prove to be a real obstacle to our being selected to serve as jurors. Our knowledge of the legal aspects of a case can make us a bad pick for either the plaintiff or the defense. It is likely that if the plaintiff’s counsel does not remove you during voir dire, defense counsel will. Now that we have contemplated this possibility, how can this scenario turn out differently?

I have seen it in action – an entire jury consisting of paralegals. If you have not guessed the scenario, you should be aware it is a mock trial. Several of our members (hint: Southeast Chapter) recently took part as jurors in a mock trial competition. I want to share the experience with you because it is not likely you will ever sit on a real jury.

On January 31, 2009 Judge Neil Thomas hosted this mock trial in his courtroom, Hamilton County Circuit Division II courtroom to be exact. I’ll introduce you to the counsel for the parties. Counsel for the plaintiff and defendant consisted of students from the Legal Assistant Studies Programs from Chattanooga State Technical College and the University of Tennessee at Chattanooga, respectively. These students volunteered to participate in the first mock trial project between these two schools. The faculty worked in conjunction with Judge Thomas in coordinating the details and volunteers from our Southeast Chapter participated as jurors.

Sitting through the voir dire process as one of the prospective jurors was only part of the experience. Each student had taken his or her part seriously. Their demeanor and dress was very professional and the line and approach of questioning was direct and addressed to each prospective juror. I, being the second juror in line, had only a few seconds to comprehend the question and respond. I discovered the importance of timing a question to a panel of jurors and giving enough time for a juror to hear the question and formulate a complete response. In addition, I learned a few things about my fellow paralegals by hearing their responses. I was left being part of the actual jury after voir dire was completed.

Being a member of a jury, even in a mock trial, helped me see how seriously the responsibility is taken. After both sides presented their positions, the jury was charged with our instructions and directed to the jury room to deliberate. We were not alone in our deliberations though as we were connected by closed circuit television to the courtroom. We soon forgot about the camera as our conversation went directly into what we saw as the most important issues to be considered in determining which side best proved their case. Our discussions led to several debates over the finer points of the law—even taking us into that confusing area of comparative fault. Due to time constraints, we kept on track and in the end responded to each charge as directed. It was a great experience for everyone involved, and gave us paralegals the rare and helpful opportunity to see things from the jury’s point of view.

By: Laysha M. McCullaugh

A Challenge from Your President: Do Your Job With Compassion

Compassion: sympathetic consciousness of others = distress together with a desire to alleviate it. (www.merriam-webster.com/dictionary/compassion) Compassion is a word that is prominent in our personal and professional lives, or at least it should be. I would like for each of you to stop for a minute and remember the last time that you had true compassion for someone else besides a family member. Now, I want you to remember the last time that someone outside your family had compassion for you. I asked you to not include family members because we all seem to have compassion for the ones we love. I have found myself many times saying “How could they?” only to remember that someone I love had done the same thing and I had a different perception of the situation. You will notice that I said “true” compassion. Merriam-Webster Dictionary lists pity as a synonym for compassion. This is one time that I would have to disagree. I believe “true” compassion is not pity, but a longing to help someone. As I have discussed above, compassion is very prominent in our personal lives and it should extend past our family to the people around us. I went through a personal change in the last few months and noticed that although I don’t have more compassion than before, I tend to act on the compassion more. It is in simple ways. The other day as I was putting my groceries in my car, I noticed a lady walking with a cane taking her buggy to the rack after putting her groceries in her car. I stopped and told her that I would take the buggy for her. In the past I would have noticed her and had that twinge we get when we have compassion for someone in a situation but don’t take the opportunity to act on it. I know that this is a little thing, but if everyone would stop and act on one little thing a day, just think of all the people who would be affected on a daily basis. I believe our professional lives are the best place to take notice of the difference between compassion and pity. Each of us deals with people on a daily basis who deserve our compassion--the lady in a domestic situation who may lose her children because her husband has the money to fight, the elderly couple losing their home in bankruptcy, or the parent who comes to your office because his or her handicapped child is not receiving the proper education. These people deserve our compassion, not our pity. So my challenge to you is this: the next time the client calls four times a day to see what is happening on his or her case (because we know he or she is your only client) try to show compassion and remember their situation is personal to them and affects them in ways you may never understand. – Tracey A. Williams, CBA

Yes, Another Challenge….

It’s not hard. Well, it’s not unless you make it hard. This is supposed to be something you enjoy. Everyone needs a challenge to feel a sense of accomplishment once a task is completed. Yes, it’s a never ending process. You meet a challenge and once it’s met you need another goal. If you deny you need a challenge, you’re wrong. Every day is a challenge in some way or another. Sometimes just making it to the end of the day is the challenge. You will make it. Sometimes it may not be enjoyable if it’s an extremely hard day. Try to find one thing out of the day you enjoyed or make that little something you enjoy fit into the day. Okay. The challenge is to accomplish one thing you want or need to complete that other necessary activities are preventing. If it’s a big project, break it down into smaller manageable pieces and set aside a little time each day to finish a small part. Before you know it, the entire project will be completed. I know we meet challenges every day at the office and at home. The days begin to drag out at times though, and everything rolls into one very long week and weekend too. The everyday activities may seem to lack any element of challenge because you’ve been doing them every day or every week for that matter. How can it be a challenge when you keep doing it over and over? I have found myself in this trap. If you are there, get out and join me in finding a new way to make a challenge out of the regular activities. Be creative. Add something new or approach the task or activity in a different way. You will find your answer. – Laysha M. McCullaugh

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/

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:

SPRING: MARCH 31, 2008 SUMMER: JUNE 30, 2008

FALL: SEPTEMBER 30, 2008 WINTER: DECEMBER 31, 2008

Special Request: Please submit 2 weeks prior to deadline, if possible. Thank you.