TPA is an

affiliate of the

National Association

of Legal Assistants

INSIDE THIS ISSUE:

◊ President’s Message

◊ An Honour & Privilege...?

– Chris Whaley

◊ Why Tweet? – Vicki Voisin, ACP

◊ TPA: CSI Report

◊ New Shared Idea Between

Chapters – Law Day Awards

◊ Nomination of Stephen P.

Parish, Esq. – Kimberly S. Graves, CLA ◊ Nomination of Michael L.

Weinman Esq. – Christie Pennington

◊ Recommended Reading

◊ Rejected Again?! – Kimberly S. Graves, CLA

◊ 2009 Officers/Board

◊ Sustaining Members

◊ Chapter News

◊ Publication’s Chair Message

◊ Special Request

◊ Message from the Advocate

Team

◊ Who Did It?

Tennessee Paralegal Association

Post Office Box 21723

Chattanooga, TN 37424

http://www.tnparalegal.org

PUBLICATION OF THE TENNESSEE PARALEGAL ASSOCIATION

President’s Message

C.S.I. : TPA The Spring Seminar this year was hosted by the West Tennessee

Chapter. For those of you who have attended a seminar hosted by the West

Chapter, you know we always have a lot of fun and it is always very

intriguing. This year they incorporated a theme of “C.S.I.” Every detail

was thought through as we obtained our material and “evidence” bags then

walked through the door marked with crime scene tape. As we entered the

room we noticed the life-like outline of a dead body in the center of the

floor, complete with blood splatter and numbered markers for evidence.

We later found out the reason for the life-like outline was because it was a

true outline of our very own Courtney Syndor, who graciously posed for

this uncommon portrait. Talk about a picture to die for?? As the two days

unfolded with a very informative group of speakers, so did the mystery of

“Who Murdered George E. Porge, Esq.?” With mini bios of each suspect

and various clues. we guided our investigative minds through the process.

Was it Cordelia Ruff, Mr. Porge‟s cleaning lady and ex-stripper; Heath

Caldwell, Cordelia Ruff‟s jealous boyfriend and bouncer; or was it Mark

Graham, the street punk with a long rap sheet? Stay tuned to find out. For

those of you who were not able to attend the seminar, we have included the

clues and details of the evidence throughout this issue of The Paralegal

Advocate. Try your hand at solving the mystery.

Most of you know that C.S.I. stands for Crime Scene Investigator,

and that does not conform directly into the Paralegal Profession, but it can.

What would the characteristics of a C.S.I. Paralegal be: Conscientious,

Supportive, and Intelligent? Each of these is a very important characteristic

that each of us needs to possess in our professional lives.

Conscientious, according to the Merriam-Webster online dictionary,

is an adjective that means governed by or conforming to the dictates of

conscience, scrupulous, or meticulous, careful. In other words, be

conscious of moral goodness and obligation to do right or be good. This

encumbers so many aspects of our profession. Moral goodness can also be

our ethical duty to do what is right. We must be conscientious of our ethics,

accuracy of our work product, and the work environment around us.

Some common words that can replace conscientious are: ethical,

honest, honorable, moral, principled, observant, respectful, reliable, and

trustworthy. I would consider it an honor for any of these words to be used

to describe me in my professional and personal life, as I am sure each of

you would.

Summer 2009 Volume 28 Number 2

Supportive, according to the Merriam-Webster online dictionary, is (1) to endure bravely or quietly, (2)

to promote the interests or cause of, (3) to uphold or defend as valid or right. In our profession we need to be

supportive of three major groups of people; first, our supervising attorney, second our clients, and last but not

least, our co-workers and fellow paralegals.

The first group I mentioned is our supervising attorney. Most of you would probably say that is what

you are paid to do. Being supportive can mean doing your job in a prompt and accurate manner; but it can also

be in a helpful manner. If you see that they are missing a deadline or the main point in a brief, bring it to their

attention in a conscientious and supportive manner. They will thank you and you will not kick yourself later for

not doing what was right.

To the outside world you should always be supportive of the attorney for whom you work. So many

times I have talked to other paralegals on the phone and heard such things as “I can‟t believe they did that

again” or “I told them that was wrong.” Conflict between you and your employer should be handled between

the two of you behind closed doors and not aired to the opposing counsel‟s paralegal.

The second group is our clients. This is different for each paralegal. Your clients can be the hardened

criminal who robbed the old lady down the street; the abused wife or child; the elderly lady who was not treated

properly at the nursing home; the cheating spouse; the man hit by a drunk driver; or a business. Regardless of

the circumstance behind the reason they are your client, you must be supportive of their needs. Some times will

be harder than others, but you are a professional.

The last group, and to me the most important, is co-workers and fellow paralegals. We have to be

supportive of each other. If your co-worker works for the attorney in the firm who is the most demanding and

nothing is ever done fast enough or correctly, offer to take them out to lunch for a break, or out to dinner after

work. If you know that a fellow paralegal is studying to take the CLA exam, send them an e-mail and offer to

help them study one night, or just give them an encouraging word. The next time you see an article that

pertains to a legal issue that you don‟t deal with, think of someone whom it would be helpful to and forward it.

In this group, I also want to include ourselves. Be supportive of your needs as well as those of others.

Intelligent, according to Merriam-Webster‟s online dictionary, is having or indicating a high or

satisfactory degree of intelligence and mental capacity; revealing or reflecting good judgment or sound thought.

As you can see being intelligent does not only mean having a high IQ or knowing the question to every $1000

Jeopardy answer. Let‟s dissect this definition. First, a high or satisfactory degree of intelligence and mental

capacity. This is the part that shows that we do not have to know it all - just a satisfactory amount. We can be

more or less intelligent in different areas of our job. I consider myself to be “intelligent” in my knowledge of

Bankruptcy Law but would be totally lost if I were suddenly given a medical malpractice or social security case

to work. The next part of the definition is revealing or reflecting good judgment or sound thought. This is

something every good paralegal must possess. We use good judgment every day when we determine whether

or not to tell our boss that we missed that deadline or try to cover it up. Do we call our client and tell them

something that may upset them or do we wait until we have an alternate resolution? These are times when our

good judgment and sound thought will tell us what is right.

So the next time you see that commercial for your favorite crime scene show remember our story

line,“C.S.I.: TPA-the story of the Conscientious, Supportive, and Intelligent Paralegal.”

– Tracey A. Williams, CBA

TPA President

An Honour and Privilege . . . ?

A lawyer's dog, running about unleashed, beelines for a butcher shop and steals a roast. The butcher goes to

the lawyer's office and asks, "if a dog running unleashed steals a piece of meat from my store, do I have a right to

demand payment for the meat from the dog's owner?" The lawyer answers, "Absolutely." The butcher says, "Then

you owe me $8.50. Your dog was loose and stole a roast from me today." The lawyer, without a word, writes the

butcher a check for $8.50. Several days later the butcher opens the mail and finds an envelope from the lawyer: $20

due for a consultation. -- Source: Mhalaw.com

Do you consider your job to be an honor (or honour) and a privilege? Does it depend upon what day you‟re

asked and how gruff, short-tempered and demanding your supervising attorney is behaving that particular day?

Paralegals in Ontario, Canada believe it‟s an hono(u)r and privilege to provide assistance to barristers and solicitors

– so much so that they fought for and won the right to take the same oath as Canadian attorneys (we‟ll call them

attorneys in this article because barristers and solicitors always reminds me of A Fish Called Wanda . . . “It's K-K-K-

Ken c-c-c-coming to k-k-k-kill me.)

Alas, I digress . . .

As reported by LawNewsTimes.com, paralegals in Ontario were outraged that they were being asked to take

the same oath of office that attorneys took, save the phrase “I accept the honour and privilege . . . .” In other words,

the wording of the oath was exactly the same except that paralegals did not utter the words above – attorneys

believed that language was appropriately reserved for attorneys to distinguish the historical and contemporary

differences between the roles of attorneys and paralegals.

Ontario paralegals did not agree. As a part of their efforts to make the oaths the same, Chairman of the

Paralegal Standing Committee, Bencher Paul Dry, stated that paralegals realize the differences between the roles of

paralegals and attorneys. However, he went on to state that those differing roles both had a singular purpose: To

provide quality legal services to the public. Thus, the paralegals argued, it is both an hono(u)r and a privilege to

serve the public – and they won.

Okay Chris – hold the phone. You’ve written about some nit-picky things in the past (anyone who’s ever had

an essay or paper graded by me can attest to that fact), but this takes the cake. Who cares if an oath – an oath in

Canada no less – contains the words “Honor (or honour) and privilege in it??

Well, perhaps no one cares. I‟ll admit that it‟s a little bit unusual to base an article on the happenings of legal

professionals in another country. However (you just knew that „however‟ was coming, didn‟t you?), it does strike

me that there are similarities to the plight – perhaps too strong a word, I‟ll grant you, but let‟s just go with it – of

paralegals in Tennessee. No, I‟m not delving into the question of paralegal certification by the State, etc. (though I

could – in a heartbeat).

Rather, the question of preambles to Ontario oaths of office makes me wonder how long paralegals will

suffer the perception, in the eyes of some (but certainly not all) attorneys, that they are key employees, but not true

legal professionals. I know – I know – there are many attorneys who are adamant that paralegals are and should be

recognized as legal professionals. However, most attorney organizations have not officially recognized this fact; or,

if their members have, the organization has not stated it in an official capacity.

Opposition by some Ontario attorneys to the inclusion of “honor and privilege” in the paralegal oath strikes

me as an attempt to „make certain those paralegals know their place.‟ Lack of professional recognition by some

attorneys and attorney organizations is pretty much the same thing. Will it change? Yes, over time. Is it important

that it change? Yes, in my humble opinion. Nurses provide essential services to patients – everyone knows they are

not doctors, nor do they want to be. Likewise, paralegals provide essential services in the representation of clients –

and they consider it an „honor and a privilege‟.

Chris Whaley serves as Dean of Social Science, Business & Education and Professor of Law at Roane State Community

College. He can be reached at whaleycl@roanestate.edu. Few movies make him laugh out loud like A Fish Called

Wanda. Okay, just one more quote: “Oh, right! To call you stupid would be an insult to stupid people! I've known sheep

that could outwit you. I've worn dresses with higher IQs. But you think you're an intellectual, don't you, ape?”

Why Tweet?

By Vicki Voisin, ACP

Do you wonder why anyone would bother with social networking sites, such as Twitter,

Facebook and LinkedIn? Do you think social networking is a waste of time? Do you think that time

spent on social networks has no value?

Perhaps it's the word 'social' that bothers you? 'Social' conjures up thoughts of fun and parties...of

spending time on nonsense when there are too many other things to do. Social networking sites can be a

lot of fun but what is incredibly valuable to all of the social networking platforms is the social learning

that takes place.

While I participate in FaceBook and LinkedIn, Twitter is hands down my favorite. Here are a

few tips that will help you understand Twitter and get on the road to social learning:

What is Twitter? Twitter is a social networking service that allows users to send messages (called

'tweets') that are 140 characters in length to their friends (called 'followers'). This 140 word format is

unique to Twitter and allows for quick, informal sharing of information with people you wouldn't normally

include in emails or instant messages. This expands your circle of contacts to a community of like-minded

people. That community is growing by leaps and bounds...Twitter has well over 5 million users.

What does Twitter offer? Twitter can be used for both business and personal purposes. It's is a great

way to keep in touch with your friends and broadcast information about what you're doing. You can

always share that you're eating a PB&J at your desk (I do enjoy those posts) but I think the BEST use of

twitter is for business purposes. Companies will broadcast their latest news and blogposts. Individuals will

post links to their blogposts or ask for help. For instance: @CathieCummings sent this message: I just

christened my new laptop by getting peanut butter on the keyboard. Any suggestions on cleaning it?

Here's another post from an attorney: Today, I found out that a paralegal had redacted ORIGINAL

documents with a sharpie. (OOPS!).

There are posts and links about employment opportunities: @alisondoyle posted Who's hiring

http://bit.ly/tXeaO.

Tips for Twitter set-up. The first step is to go to www.Twitter.com and create your Twitter account. I

have four important recommendations for this process:

1) Select your username (you can have up to 15 alphanumeric characters in your user name). Sign up

using your given name with no spaces or underlines, as in VickiVoisin. Unless you have a brand that will

identify you (such as @ExpertParalegal or @legaltypist), you must use your name or no one will be able to

find you. How many people would know to look for me as @vvacp94? (Please note that @ is before every

name on Twitter) Twitter will automatically check to see if the user name you've chosen is available.

2) Be sure to load a picture, too. If you don't, your avatar will be something that looks like a brown

paper bag with eyes.

3) Give careful thought to your profile. Mind your manners and post a profile that will attract

followers.

4) You may also set up your Twitter account so your Tweets automatically link to

Facebook...this will save you lots of time.

How to post Tweets. Because your tweets are limited to 140 characters (that includes spaces and

punctuation) you have to be brief and concise. There are all sorts of shortcuts you can take to get more

bang for your tweet...but that could be an entire article in itself. For now, we'll stick with the basics.

(Except for one tip: you can shorten any links you are using by going to www.snipurl.com or

www.tinyurl.com where http://www.paralegalmentor.com/ethical-technical-05-14-09.html would become

http://snipurl.com/han90)

Your first tweet or two will feel strange but you'll quickly get the hang of it. Just type in 'Am a paralegal

new to Twitter and wondering why I'm here.' Hit send and there goes your tweet....the response will

surprise you. Once you get the hang of it, tweet about an article, an idea, or share a link of professional

interest to your targeted followers. Many tweets will offer tips or links to articles or blog posts. Watch

these carefully as this is where the social learning comes into play. For instance:

@alisondoyle posts several employment-related links every day. Some tweets will ask questions and this

is your opportunity to demonstrate your expertise and share information in quick bursts of wisdom.

Looking for a job? Tell your Twitter friends! A story was posted about an account manager who was laid

off from her job. Within minutes of the layoff, she pulled out her cell phone and sent a tweet that said

'Needs a job.' She did this even before she told her family. Before social media, victims of layoffs would

share this news with just a few close friends and their family. Thanks to social media, the newly

unemployed are coming out of the dark. This can be a great way to jump-start a job search. There will be

support...either emotional support or suggestions for a new job. I might add here that there are lots of job

postings on Twitter...I won't vouch for them but they're there.

What about followers? You can search for people to follow in the Find People link at the top of the

Twitter page. Type in a name and then select 'follow.' The person may or may not follow you. This is a

terrific option with Twitter because if someone chooses to follow you, you do not have to reciprocate. I

frequently ignore anyone whose profile is questionable or who isn't writing about anything I'm interested

in reading.

You can follow topics, too. There is a search box in the right sidebar on the Twitter page. Type in

'paralegal' and all posts about paralegals will pop up. Type in 'job search' and you'll see all those tweets.

From those tweets, you can select people to follow.

Here are a few suggestions for you to follow:

@VickiVoisin (of course!)

@legaltypist (virtual assistant) (who also has a great f'ree ebook Twitter 101 at

http://www.legaltypist.com/twitter) @DebbieLynnAVA (virtual assistant)

@ExpertParalegal (Lynne Devenny...great information and humorous posts)

@alisondoyle (terrific employment information)

@sallyannekane (with Legal Assistant Today)

@kevinhouchin (an attorney)

@breakthruguy and @mike_wesely (motivational quotes)

@NALStweet (yes, NALS is tweeting) @lillyhill (paralegal who posts links of interest to the profession)

@Goddess_Bless (Lisa Devlin) @MargaretAgius @CathyRibble, @CathyCummings

(all Strategies subscribers...I love their posts)

@charlsye (Charlsye Smith-Diaz

@rsylvester (a reporter who tweets from the courtroom)

@Paragate (Paralegal Gateway)

@Oprah Winfrey (do I have to tell you who that is?)

@aplusk (you get a gold star if you can figure that out ... it's Ashton Kutcher)

What does the # sign mean? The # you see before some topics is called a hashtag. Hashtags are

channels that allow you to tune in to whatever signal will make Twitter useful at a given time. If you like

the Food Network, you will follow #foodie or #cooking or #recipe. If you're a sports fan from San Diego,

you can follow #padres. You will see all the tweets about that topic. The topics are endless.

Take a simple giant step. Now that you're all set up to tweet, you just HAVE to download

Tweetdeck...until I did this, Twitter was difficult to use because tweets stream in real time. There was no

way I could just sit at my desk and watch the tweets go by. Tweetdeck (a f'ree download at

www.tweetdeck.com) allows you to set up ten columns and then customize those columns to fit your

interests. I have a column for 'paralegal' and another for 'probate' and another for 'law firm'...these

change frequently. You can also organize your followers into groups.

My usual warning. Everything you post can be located with a simple Google search so remember that

people may read every tweet you send. An inappropriate tweet (or post on any networking site for that

matter) could hurt your career, cost you the job you have or take you out of the running for a new job.

Don't say anything about anyone (especially your boss) that you would not say to them if they were

standing in front of you.

Your Challenge. If you haven't already, it's time to see what the social media rage is all about. The key

to your success is to use social media as a learning tool. Create your Twitter account...be sure to use your

name correctly, upload a picture, write a positive profile...then ask yourself what you want to learn from

Twitter and search for that information. This will get you off to a great start. Let me know if you have

questions!

© 2009 Vicki Voisin, Inc.

Vicki Voisin, "The Paralegal Mentor", delivers simple strategies for paralegals and other professionals to create success and satisfaction by achieving goals and determining the direction they will take their careers. Vicki spotlights resources, organizational tips, ethics issues, and other areas of continuing education to help paralegals and others reach their full potential. She publishes a bi-weekly ezine titled Strategies for Paralegals Seeking Excellence. More information is available at www.paralegalmentor.com

TPA: C.S.I. – Report

It’s 12:30 in the morning. Detective Jim Brass has called Grissom’s unit to the law offices of George E. Porge, Esq., a corporate defense attorney located in one of Jackson’s most affluent business

districts. Started twenty years ago by a clerk turned legal eagle, George E. Porge, he quickly gained a reputation as the “attorney to the stars,” catering to all the big names in the professional community. Unfortunately, Mr. Porge is our victim. He lies beside his desk on the floor of his office,

located at the rear of the facility, and he appears to have been bludgeoned to death. Blood spatter is prevalent on the walls and furniture around the victim’s body. All of the drawers in the victim’s desk are opened and have been rummaged through. The door to the floor safe is ajar and the safe is

empty. On the floor at the front of the desk, lies a broken bottle of expensive French wine. The size of the wine stain that has soaked in to the carpet indicates that the bottle was approximately two-thirds empty before it was smashed. Two empty bottles of the same size and brand lie in the

wastebasket at the side of the desk opposite the victim. Beside the broken bottle on the floor is what appears to be a pile of clear, crushed glass. On the top of the blood-spattered desk is a solid brass trophy of the scales of justice standing 30 inches tall and weighing 20 pounds. Porge had received it

last year from the Jackson Chamber of Commerce after being named “Attorney of the Year.” The lock on the rear door, which is accessed by a dimly lit lane way off the main street is broken and shows signs of forced entry. Brass learns that Porge had ordered a security system for the spa, but it had

not yet been installed. Brass’ preliminary investigation has uncovered three suspects. The first is Cordelia Ruff, the firm’s cleaning lady, who found Porge and called police from a pay phone. The

second is her lin-in cleaning lady, who found Porge and called police from a pay phone. The second is her live-in boyfriend, Heath Caldwell, a strip club bouncer, who left work sometime after 10:00 p.m. and his route took him past the scene of the crime. Mark Graham, a street punk who was caught by

Jackson PD fleeing the scene, is Brass’ third suspect.

Clue Set 1

1. Heath admits he had an altercation that night with a patron at the strip club (who was also one of Cordelia’s former clients) and that the man threw a beer on him, requiring him to leave the club at 10:00 p.m. to go home and shower, change, drop off the suit at a 24-hour dry cleaners, and make it back to work by 11:30 p.m.

2. The Coroner finds 2 times the legal limit of alcohol in the victim’s system, but no drugs. 3. The coroner also discovers that the victim had a terminal brain tumor and only had a few months to live. 4. Fingerprints were found at the office on (1) the door of the safe, (2) wine bottles, (3) desk, and (4) rear doorknob. 5. The victim’s prints were found on the safe, wine bottles and desk. 6. Another set of prints were found on the desk and rear doorknob and were identified as belonging to Mark

Graham.

Announcement: Another Great Idea Shared Between Chapters!!

Our West Tennessee Chapter presents the Ernie Gray Paralegal Utilization Award

each year on Law Day to a selected attorney from nominations by members of their

chapter. This year our Southeast Chapter began their award for their region. It is

named after Judge W. Neil Thomas, III of the Hamilton County Circuit Court

Division II. Judge Thomas is a long time and active supporter of our profession.

This year‟s recipient, Stephen P. Parish, Esq. was nominated by Ms. Kimberly S.

Graves, CLA. Ms. Graves‟ nomination provides the ideal model of an attorney

befitting this award. A copy of the formal announcement is below and her

nomination follows:

Judge W. Neil Thomas, III left Stephen P. Parish, Esq. right

THE 2009 INAUGURAL

JUDGE W. NEIL THOMAS, III PARALEGAL UTILIZATION AWARD

Presented by the

TENNESEE PARALEGAL ASSOCIATION,

SOUTHEASTERN CHAPTER

The purpose of the Judge W. Neil Thomas, II Paralegal Utilization Award is to

recognize an attorney who has encouraged and promoted the paralegal profession

through their commitment to the understanding of paralegal responsibilities and

utilization, the delegation and oversight of substance paralegal duties, and who sets

an example of overall excellence in the legal profession.

In selecting the recipient of this award, the Tennessee Paralegal Association,

Southeastern Chapter (SETPA) considers attorneys who continually advance the

paralegal profession by (i) designating work assignments that correspond to the

paralegal‟s knowledge, training and experience, (ii) recognizing the value of a

paralegal and their contribution to the overall legal team, (iii) setting an example to

other attorneys through usage of the paralegal‟s proficiency, (iv) encouraging

continuing legal education for the paralegal, and (v) unselfishly sharing their

knowledge of professional responsibility, the law, and its various rules and

procedures with paralegals.

This inaugural award will be presented annually by SETPA and will be selected

from nominations received from SETPA member paralegals and submitted to the

SETPA Nomination Committee identifying the attorneys who fulfill these qualities.

Clue Set 2

1. The crushed glass found at the scene was determined to be crystal. After returning to the crime scene, 2

crystal wine glasses were found in the credenza behind the desk that matched the crushed crystal pieces

found on the floor near the desk.

2. Saliva was found on the crystal fragments.

3. A substance found on the glassy desktop was determined to be human perspiration and the DNA is not a

match to the victim.

4. The trophy found on the desk had fibers attached to the base.

5. It is determined that the trophy was placed on the desk AFTER the attack.

Stephen P. Parish, Esq. of Chattanooga, TN Recipient of the 2009

Judge W. Neil Thomas, III Paralegal Utilization Award Winning Nomination by Kimberly S. Graves, CLA

An attorney's greatness cannot be measured simply by how well he is known. My nomination for the 2009

Judge W. Neil Thomas, III Paralegal Utilization Award is not for someone whose name is commonly in the

public limelight, but rather for an attorney who quietly does his work behind the scenes in commercial real

estate law. His name is Stephen P. Parish, and he is without question one of the most exceptional attorneys in

our area.

When I began working directly with Steve five years ago, I immediately recognized and appreciated his

character, expertise, and mastery at effectively using his entire legal team, including my skills as a paralegal.

Right away he gave me quality assignments that challenged me to tackle new problems and issues, and as I have

grown in ability, he has continued to increase the complexity of my projects. However, he has never left me

feeling abandoned to deal with everything completely on my own. He carefully provides all necessary

background information, and his gift for explaining details clearly and succinctly, without condescension or

irritation, makes him one of the greatest mentors I have ever known. Recognizing that I want to learn and

expand my abilities, Steve takes his role as a teacher seriously. He does not "put me in a box" but rather

considers my potential and, with encouragement and instruction, challenges me to rise to the next level, thereby

advancing my career and also improving our client services. In addition, Steve supports continuing legal

education and professional development activities, including my participation in paralegal associations and

acceptance of speaking engagements, even though they might involve time away from the office.

As a team, Steve and I have built an efficient and productive working relationship based on respect, trust and

loyalty. He keeps me informed about active cases, and I know that I can depend on him to take the lead in

handling sticky issues, without placing blame on my shoulders. This creates a loyalty which compels me to do

whatever I can to make him look good in every situation. Together, we are all about the business of attending

to our clients' needs, and each of us is willing to take on whatever task may be necessary to do so. For example,

in the chaos of large real estate closings, Steve often offers to help with even menial tasks such as copying and

sorting, when other attorneys may be tempted to feel like their part of the project is over. He is never a dictator,

but rather a true team leader.

Whenever I face challenges, Steve is always available to assist. His door is open to discuss any issue, whether

related to a client situation, an office policy or even a personal matter, and if he can take any steps to help, he

never hesitates. He willingly answers all questions and actively works to resolve problems. As necessary, he

will get down in the trenches and help with even the most routine task. At the end of each day, he is always

appreciative of my efforts, which encourages and inspires me to work even harder the next day.

Steve Parish is definitely one of the "good guys," and it is easy to see why other attorneys eagerly follow his

leadership, both in client matters and in law firm administration. Always the epitome of professionalism, Steve

is also patient and tactful in every situation. Most importantly, he strives to do the right thing, and his character

can be summarized by the word "integrity." I have the utmost respect for Steve Parish and trust that in every

situation, he will discern the best course of action and strive for the highest and best outcome for everyone. The

trust and respect he gives to others make each paralegal and staff member who work with him know that he or

she is truly a valued member of the team. I am confident that I am a much better paralegal today due to the

opportunity to work with and learn from Steve Parish, and he is the ideal candidate for this award.

– Kimberly S. Graves, CLA

Clue #1: Time of Death was from 10:00 p.m. to 11:00 p.m.

Michael L. Weinman, Esq. of Jackson, TN Recipient of the 2009

Ernie Gray Paralegal Utilization Award Winning Nomination by Christie Pennington

His promotion of my career & education:

I started working for Mr. Weinman as his receptionist almost 9 years ago. After a couple of months, he began to

teach me about litigation and many other areas of his practice. I learned a great deal through his teaching and

soon he started encouraging me to go back to school. I eventually did and went through the paralegal program at

the University of Memphis. Going through school was tough since I was married with children and working full

time, but Mr. Weinman kept encouraging me and actually helped me with some of my assignments. He was

always supportive about the school work and allowed me to work around my school schedule. Since graduating

from the paralegal program, he has even encouraged me to attend law school.

Our strengths as an attorney/paralegal team:

The greatest strength we have is communication. I can talk to Mr. Weinman about any situation regarding a

case and he is very patient to explain to me exactly what we need to do and why we should do it that way. Even

if I make a mistake, he is careful to help me correct the error, to explain to me what I have done wrong, and

how we can keep from having something similar happen in the future.

His assistance in helping me face challenges:

Mr. Weinman helps by explaining step-by-step how to accomplish whatever the challenge may be. He will

explain why something happened in a certain situation and then he will explain how to work through it.

Right: Michael L. Weinman, Esq.

Middle: Christie Pennington

Left: Jennifer Petty West TN Chapter Chair

Clue #2: All blood found at the scene was determined to be the “victim‟s” blood.

My recommended reading and a few ideas to prepare for the NALA/CP Exam

Three books are a must have to study for the CP/CLA exam and for your personal legal library collection:

1) CLA Review Manual by Virginia Koerselman, J.D.(WEST)

2) CLA Mock Exam & Study Guide workbook by NALA (WEST)

3) NALA Manual for Paralegals & Legal Assistants by NALA (WEST)

You may ask why these three books.

I found the CLA Review Manual to be very informative in preparing for the exam, along with being an extensive

tool that provided me with a vast knowledge of what I needed to be utilized effectively as a paralegal and identified

additional helpful reference material to learn more on relevant topics.

The CLA Mock Exam & Study Guide workbook assists in familiarizing one with the format and questioning of the

exam. Basically, it gets you in the mindset of reading the question and responding. Each person has their own study

habits and approach to reviewing or learning new information. I found I did not get as distracted during a test after I

tried a different method to study. I typed out the questions to each practice test on my laptop. After typing each

question along with the respective answer choices I chose an answer and wrote it down on a separate sheet of paper.

Later I would go back to my saved document for that section, save it under a different name as the answer key, read

each question, look at the answer key, highlight the correct answer and then see what I had answered the first time. If

I missed a question I would review the question and determine why I missed it. In the process of determining why I

missed a problem I discovered the majority I did not get correct was due to misinterpreting part of the data because

my eye did not catch a word the first time typing the question. Missing or even adding a word in a sentence changed

the meaning or interpretation of that sentence. I became more conscious of my reading and began to not push myself

to read so fast and I became more confident in responding to each question because I found I did not have to read the

material over multiple times as I was comprehending all words of each sentence.

The NALA Manual for Paralegals & Legal Assistants is an essential book for each paralegal to have in their own

collection of books. It‟s a practical guide to our profession, covering basic essential skills, good ideas to incorporate

into practice of one‟s profession and it covers the basic subjective material, which is covered in the exam.

The CLA Review Manual lists recommended reading after each chapter, as does the Study Workbook. I chose a

book recommended from each section, besides the above identified three and purchased a book a month from the

local bookstore, Amazon or NALA‟s website.

After taking the exam, I feel that the above books along with “The Elements of Style,” by Strunk & White and

Black‟s Law Dictionary (or similar legal dictionary) should be part of every paralegal/legal assistant‟s personal

library. These books not only helped me prepare for the exam, each one continues to contribute and assist me in my

personal and professional life.

– Laysha M. McCullaugh, CP

Clue Set 3

1. Tool marks are left behind on the broken rear door knob lock. The striation patterns match that of the screwdriver found on Mark Graham at the time of his arrest.

2. Mark admits to breaking in, but claims that he did not kill Mr. Porge. He states that upon entering, he found the safe empty but thought the trophy might be worth something, so he picked it up. He then heard sirens, dropped the trophy back on the desk and fled the scene.

3. Employees of the firm state that clients never pay in cash and that Mr. Porge always said that the only thing he had in the safe were a few expensive French wine bottles.

4. The first blow was to the back of the head, followed by 4 more across the left side of the skull.

REJECTED AGAIN?!

It was a perfectly fine morning until a large envelope landed on my desk, with a huge, red "Rejected Document"

stamp across the front. Not only had the clerk's office returned my document without recording it, but that envelope

announced to the world (or at least our runners) that I had apparently made a colossal mistake. As it turned out, the

recording fees in that state had recently increased, of which I was unaware. The solution was simple, but it still cost extra

time and effort to fix something which could easily have been handled on the front end.

Every county, parish or township in the country has a procedure for documents to be recorded in a central office

in order to give notice to the rest of the world. Along with deeds and mortgages, other documents may be recorded

publicly as well, including judgment liens, powers of attorney, and even corporate charters, mergers, etc. No matter the

document, few things are more frustrating than submitting an item to be recorded and receiving notice that it has been

rejected. To reduce the chances of that happening, keep in mind the items listed below. You can find most of this

information by doing some Internet research, but a telephone call may be advisable to verify your specific situation.

Recording Office. The proper office for recording may be the “Register of Deeds,” the “County Clerk,” the

“Recorder” or any number of other titles. While recording is usually done at the county level, a few states may be

different, such as Vermont, in which recording is done at the township level. You can usually identify the proper office

by conducting an Internet Google search for the appropriate county and looking in the government pages for either

“clerk,” “register” or “recorder.”

Formatting Requirements. Check for any formatting requirements which may be unique to the particular

recording office. Specific margin requirements are quite common, particularly on the first page, and sometimes cover

sheets are required. Some offices may have additional requirements for font type or size and even page numbering.

Other Document Requirements. Check for specific information which must be included on recorded

documents. It is standard that only documents with original, notarized signatures will be accepted. In addition, some

offices specify that a return address must appear on the first page, that "prepared by" information is included, or that a

certain number of witnesses sign specific documents. Many states also require that the street or mailing addresses of all

parties to a document be included. Another thing to consider is the use of imprinted corporate seals. A good practice is to

always “pencil over” any imprinted seal, so that it will show up in the recorded copy of the document (which is generally

electronic). Your document will probably not be rejected if this is not done, but it will negate any future questions

regarding the validity of the seal.

Legal Descriptions. If the document is a land record, be sure that the appropriate and accurate legal description

is included or attached as an exhibit. Also check to see if tax parcel numbers or references to the prior recorded document

or most recent deed are required

Recording Fees and Taxes. This is by far the main reason that documents are rejected, so be sure to double

check the required amount of recording fees. While the recording office‟s web page usually provides a list of fees, it is

always a good idea to call and confirm, just in case there has been a recent increase, particularly in an area with which you

are unfamiliar. Also, remember that some states charge a conveyance and/or intangibles tax when deed or mortgages are

recorded. Be sure that your check is made out to the proper agency.

Return of Documents. Most recording offices return the original documents after recording, so the best practice

is to include a self-addressed stamped envelope in your transmittal package, unless you are picking up the document in

person. Occasionally, as in Louisiana, the office may keep the original, in which case you will want to send an extra copy

to be stamped with the recording information. You also might want to find out how long it usually takes for the originals

to be returned, so you can sound very intelligent when reporting to your client.

Taking each of these items into account should greatly reduce your risk of documents being returned unrecorded.

When in doubt, never hesitate to call and ask the clerk for information. With a little extra advance planning, hopefully

you can avoid the embarrassment of a large, red “Rejected” stamp in your in-box!

– Kimberly S. Graves, CLA

Clue #3: Cause of death – blunt force trauma to the head – 5 separate blows from the same object.

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: Louise C. Mulderink, CP, Husch Blackwell Sanders LLP, 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: 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, CP, Fleissner, Davis and Johnson, Chattanooga &

Susan E. Veal, Miller & Martin PLLC, Chattanooga

Clue #4: Crystal fragments were discovered in Cordelia‟s right shoe and a stain on the left shoulder of her blouse.

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/

Clue #6: The human perspiration found on the glassy desktop belonged to Heath.

Clue #5: The 1st blow to the head knocked the victim unconscious. The next 4 came while the

attacker stood over the victim as he lay defenseless.

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 Jackie Frasure at jfrasure@colemanedwardspc.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 Jackie Frasure, Vice Chairperson, jfrasure@colemanedwardspc.com Pamela K. Leckey, CLA, Secretary pleckey1@comcast.net Tracey A. Williams, CBA, Treasurer, TWilliams@msw-law.com

West Tennessee Chapter

May 1st and 2nd was our TPA’s Spring Seminar, which we hosted. Our theme was “TPA is CSI - Conscientious, Supportive, Indispensable.” The seminar went well and we continue to have our planned meetings.

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

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, melissa.ledbetter@hcdatn.org

Melinda Killian, Secretary, Melinda@tombiblelaw.com Lynn Hager, Treasurer, hager@chattanoogainjurylaw.com

Christie Gass, Program Chair, cgass@chattanooga-law.com

Clue Set 4 1. There was a latent print found at the scene. 2. Luminol was used to determine that the trophy was wiped clean before being put on the desk. 3. DNA cells found on the crystal fragments came back to 2 different people – the victim and Cordelia. 4. Clothing and footwear were retrieved from all 3 suspects. Heath’s suit worn the night of the murder was

found to have blood stains on it. The blood stains could be explained away by the fight he had gotten into at the club.

5. The dry cleaning chemicals used compromised any DNA from the blood stains.

Publications Chair Message

Is it spring or summer? – We just had our Spring Seminar in Jackson, Tennessee. It was an exciting event. The

West Chapter did an excellent job as always. They chose the theme, “CSI: TPA” (Conscientious. Supportive.

Intelligent.), which kept avid interest throughout the seminar as each attendee kept track of clues provided by

each speaker to determine the guilty party in the given scenario (adapted from the CSI game found in stores).

The topics ranged from Utilizing E-Discovery and Computer Forensics to Time Management. The “Detoxing &

Destressing the Busy Paralegal” taught by certified yoga instructor Nancy Hall was a hit. I have already utilized

several of the movements at my office chair and it has done wonders in the day going by better. The final touch

in each attendee taking home their own “CSI: TPA” t-shirt with a genuine evidence bag with goodies and prizes

was priceless – not to mention the option of buying a baseball cap to match.

Our Fall Seminar will be on November 6 & 7, so mark your calendars. Our Lawassa B. Jones Scholarship will

be awarded at that time. Applications for this scholarship have been distributed to our Tennessee schools for

college students. Applications and full description of scholarship may be found on our website. Also, our board

has decided to provide an award scholarship in the amount of $250.00 towards the cost of the CP/CLA exam to

one of our members. This will be the first year for this scholarship award and will be awarded annually at our

Fall Seminar. Please watch our website for the posting of the application and instructions for this award

scholarship.

I hope you get the chance to read all sections of this issue. It is packed with outstanding articles. At the time I

am writing this, three articles stand out. Our faithful author Chris Whaley wrote, “An Honour and Privilege

…?” a significant article which reflects a perception held by “some” attorneys of our profession as

paralegals/legal assistants. It gives thought on how we, as paralegals/legal assistants, are viewed in the

community around us and how we show that we are up to the task, qualified, proficient in our service, and true

legal professionals.

I find it interesting I read a similar article regarding the Ontario, Canada paralegals mentioned in “An Honour

and Privilege …?” It was referred to me on Twitter. This brings me to being recently persuaded by Vicki

Voisin‟s article “Why Tweet?” to go ahead and get a Twitter account. I vie away from such a concept of having

my information out in cyberspace, “no where land” (as I call it), for just anyone to have and read. I am glad she

persuaded me to give it a try. I have learned quite a bit in the past week I‟ve been online with Twitter. A link

was referenced on someone‟s twitter about the Ontario, Canada paralegals. I may not find time to write often,

but Twitter is a good method of sharing and finding information. Having no pressure to write when you don‟t

have the time is one of the best features. It is a very good avenue to keep your mind open to new ideas and to

keep up with what is going on around you too.

The nomination of Kimberly S. Graves, CLA for the Judge W. Neil Thomas Paralegal Utilization Award is

included in this issue because it was exceptionally well written and the narrative of Stephen P. Parish is an

exemplary model of paralegal utilization and promoting our profession. The nomination by Christie Pennington

for the Ernie Gray Paralegal Utilization Award was written in a different format of presentation, but reveals

another exceptional recipient for the Paralegal Utilization award.

Tracey and I will be representing our Association at the upcoming NALA Convention, July 8 – 11. Our booth

will have the theme: “TPA: C.S.I.” taken from our West Chapter‟s great idea from our Spring Seminar as

indicated above. We want to share part of the fun we enjoyed. We look forward to networking and bringing

home new ideas for us. We are currently working on a project idea to present to you at our Fall Seminar, which

we were inspired from last year‟s convention. It has been in the works, but is yet to be completed. We want to

provide you with the opportunity to select a part in our Association that fits your needs, desires, and within the

time constraints your daily life activities will permit so you may be an active part within our Association. It will

be your “seat” within your Association and will provide more ways to be active while reaching out to our

community too. We look forward to presenting more information to you in the future and sharing it with you at

our Fall Seminar.

– Laysha M. McCullaugh, CP

SPECIAL REQUEST!

Do you have a favorite community services project or organization you belong to? Does it need more support in certain areas where there are not enough volunteers to accomplish or meet its goals and objectives? Or, do you desire to be part of a good community project, but not sure about volunteering before you know what you‟re getting yourself into because you have a certain amount of time available to volunteer or limited resources to support a project?

Each of our Chapters participates in a community project together. In attempt to reach out more to the communities around us and respond to the above questions/concerns we are going to see if there is an interest among you, our members, in an exchange of information through a “e-mail messaging board”. The idea is to create a list of our members‟ favorite community/organization projects with the respective contact information and, if possible, what activity or contribution would be involved.

In beginning this endeavor to see if there is an interest, I would request that if you do have a favorite community services project or organization you belong to and want to have it listed please send me an e-mail at lmccullaugh@comcast.net with the regarding line having “TPA – Community Project Listing,” along with contact information for yourself or the organization needing to be contacted by interested individuals to volunteer. If possible, list what is needed or involved for the volunteer. The end result is to have a list being provided to each of our members via e-mail with information regarding each volunteer activity and corresponding affiliation to organization or sponsor of activity. Any additional relevant information would be great too. I look forward to receiving your responses. Thank you very much. – Laysha M. McCullaugh, CP

Who did it?

Make a determination and read on.

Clue Set 5

1. Cordelia admits that Mr. Porge was drunk when she got there at 10:00 p.m. and that he invited her into his office for a glass of wine before she started cleaning.

2. Mr. Porge told her of his terminal diagnosis and they talked about how he should be preparing for the end.

3. He became emotional and she hugged him. 4. She finished her wine, then went to the front of the building to begin cleaning, turning her radio on for

company and claims she heard nothing. 5. At 11:30 p.m. she went back to tell Mr. Porge goodnight and found him lying on the floor dead. In fear

for her life, she ran from the building and called 911 from a pay phone. 6. A latent print found on the trophy comes back to Mark Graham, but the print is placed in such a way

that it indicates he was carrying the trophy, not using it as a weapon.

Clue Set 6 1. The fibers found on the trophy base came back as dyed cotton from an expensive Italian suit. 2. After obtaining DNA swabs from the 3 suspects, it was determined that the stain on Cordelia’s blouse

was nasal discharge and belonged to the victim. 3. Saliva found on the crystal fragments belonged to Cordelia. 4. It is confirmed that the trophy was the murder weapon.

WHO DID IT

After spending his entire adult life working non-stop to build his fame and fortune, George E. Porge, Esq.

discovered that he had inoperable brain cancer. But before George would yield to the deadly tumor, an

impulsively jealous boyfriend cut short George‟s life. When Cordelia Ruff arrived to clean the office at 10:00

p.m. on the night of the murder, she went to the back of the spa to say hello to George before she began

working. George was drunk and visibly upset. Cordelia asked him what was wrong and George asked her to

have a drink with him. Then George broke down and told Cordelia he had terminal cancer. Cordelia was

shocked and gave George a comforting hug while he cried on her shoulder. At that exact moment, Heath

Caldwell entered George‟s office. Already upset from his altercation with one of Cordelia‟s ex-clients at the

club and suspicious of Cordelia‟s late nights at work, Heath‟s blood came to a boil when he walked in on

George and Cordelia. Before Cordelia could explain, Heath snapped. He scooped up the brass trophy sitting on

top of the floor safe and smashed it against the back of George‟s head, sending him crashing to the floor. Heath

struck George four more times before realizing George was dead. Faced with the prospect of life in prison,

Heath decided to cover-up the murder. Cordelia, who had just discovered how dangerous her boyfriend could

be, feared for her own life and helped Heath conceal what had really happened. Finding the floor safe already

opened, Heath thought they could make the crime scene look like a robbery. Heath held the base of the trophy

against his suit while he wiped his prints and George‟s blood off the award. Cordelia smashed the wine bottle

and glasses on the floor, then crushed the glasses into the carpet with her shoe. Neither of them noticed the

perspiration Heath had left on George‟s desk during the attack. Cordelia washed the rag Heath used to clean the

award in the utility sink with bleach. Heath then left to change his clothes and return to work. Cordelia waited

about an hour before leaving the spa and calling 911 from a pay phone. While she was out making the call,

Mark Graham broke into the office through the rear door and stumbled across the murder scene.

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

Special Request: Please submit two weeks

prior to deadline, if possible.

Thank you very much.

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:

FALL: SEPTEMBER 30, 2009

WINTER: DECEMBER 31, 2009 SPRING: MARCH 31, 2010 SUMMER: JUNE 30, 2010