Volume 33, Number 1
Member of California Alliance of Paralegal Associations (CAPA) Member of National Association of Legal Assistants (NALA)
Inside this issue: President’s Message ........................................................ 1 OCPA Net Worth............................................................... 2 OCPA Calendar ................................................................ 3 Article: Paralegal Strategies: New Year, New Start .......... 4 Superior Court Administrative Order ................................. 6 Article: OCPA 2011 Lifetime Achievement Award Recipient: Alicia A. Roane, CP ............................. 7 Article: Paralegal Practice Tip: Billable Hours ................... 9 Article: How the Cloud is Impacting Legal Departments within the Healthcare Industry ..................... 10-11 NALA News ...................................................................... 12 OCPA Board of Directors .................................................. 13 OCPA New Member Statistics .......................................... 14 OCPA Corporate Sponsors, Sustaining Members ............ 15
PRESIDENT’S MESSAGE Happy New Year! I can’t believe it’s already 2012. I am very excited and honored to be invited back as your President and I can’t wait to see what 2012 has in store for OCPA. Thank you to everyone who helped with the canned food drives and fundraisers this year. With your help, the OCPA was able to donate $2,575.11 to the Orange County Food Bank. Let’s strive for even more success in 2012! The Orange County Paralegal Association’s Annual Meeting, Elections and Holiday Party was held on November 16, 2011 at the Radisson Hotel Newport Beach. Hon. Robert Thomas swore in the 2012 Board of Directors and Alicia A. Roane, CP was presented with OCPA’s 2011 Lifetime Achievement Award. Congratulations, Alicia! You have made us all very proud.
The following officers were elected to serve on the 2012 Executive Committee: Julianna Hallsted, ACP, Vice-President of Administration; Kai Williamson, Vice-President of Policy; Tonya Anderson, Secretary; Vicky La Celle, CP; Treasurer; and Maria Conzelman, CP, NALA Liaison. Julie Hallsted was re-elected as CAPA Primary and I will serve as our CAPA Secondary. We welcome the following new directors to the 2012 board: Milady Cambare, Elizabeth Ornelas, Cindy Mascio, ACP, Lorena Hughes, Carolyn Yellis, ACP and Susan Schwartz. We’re glad to welcome back the following returning directors: Tanya Chopra, Rafia Aleem, Janine Fountain, Kerry Swancott, Julianna Hallsted, ACP, Kai Williamson, Vicky La Celle, CP, Maria Conzelman and Tonya Anderson. Finally, we say goodbye to the following directors who will not be returning this year: Ruzel Macadaey, Frances Poseto, CP, Sheri Webb and Julie Thornton. Thank you all very much for your dedication and hard work, you will be missed! Retreat: The 2012 Board of Directors and Committee chairs will meet on January 14, 2012 at Boomer’s from 9:00 a.m. to 2:00 p.m. for the annual retreat. We will spend the day discussing OCPA’s goals and plans for 2012, and having a great time participating in a few activities! Everyone is welcome to attend. February Kick-Off General Meeting: On Wednesday, February 8, 2012 from 6:00 p.m. to 8:00 p.m., Mari Frank, Esq. will discuss “Identity Theft: Protecting Yourself, Your Clients and Your Office” at the Radisson Hotel Newport Beach. The cost is $30 for members and $40 for non-members
Disclaimer: The articles contained in this publication have been prepared for and are intended to provide information useful to members of the Orange County Paralegal Association (OCPA) and the legal professional community, at-large. The information presented is not to be taken as legal advice nor do the views represent a statement of OCPA policy. Cover Art: Courtesy of www.FreeDigitalPhotos.net
January 2012 end of the year. Enter those mini-goals in your planner. Make appointments with yourself for completing each one.
Paralegal Strategies: New Year...Fresh Start Contributed by Vicki Voisin
As 2012 begins, it's tempting to make resolutions for the New Year. Organize your office? Increase your billable hours? Lose weight? Be on time for work? Sit for a certification exam? Whatever you have in mind, read on... It's common knowledge that resolutions rarely work. All those good intentions seem to fall by the wayside by the middle of January...all that's left are guilt and regret that once again you're not able to keep your resolutions. By next December you'll be making the same resolutions all over again. It's time to change the pattern. Resolutions don't work because they're usually a very broad statement: This year I'll lose 20 pounds. This year I'll learn to speak French. This year I'll look for a new job. You've got the want down...you know what you want to do. The problem is, you're only looking at the big picture.
If you do your planning and then do your scheduling, you can accomplish absolutely anything you want and this time next year you'll be celebrating the fact that you actually reached your goals. Here's to out with the old...in with the new...to a new year and a fresh start. Happy New Year ========================== ÂŠ 2012 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 legal professionals reach their full potential. She publishes a bi-weekly ezine titled Strategies for Paralegals Seeking Excellence. More information is available at www.paralegalmentor.com
Instead of making resolutions, set goals. A goal is something you commit to fully and work toward all year long. Take a few minutes right now to visualize your top three goals for 2012. Then write those goals down on a paper. Make a plan. Once your goals are set, decide what you have to do to reach each one and then plan each step toward your goal from beginning to end. For instance, if you want to learn French this year your first step might to be to search for a class. The next step might be to enroll in the class. The next step might be to buy your your study materials. The next steps would be to attend each class and do your homework. Do you see how each step you take helps you reach your end goal? This process will work for any goal you might want to reach. Take this one step further. Schedule each step in your planner...make an actual appointment. This ensures you will set aside the time to accomplish each step. Don't make the mistake of putting the steps on 'to do' lists because a 'to do' list is just a wish list and you will invariably run out of day before you run out of list. The 'to do' list just goes on and on. Your planner is a real guide for accomplishing your goals. Your challenge: Plan to make 2012 your best year ever. Take a few minutes to set your goals. Break the goals down into achievable mini-goals. Decide when each minigoal must be accomplished to reach the main goal by the Page 4
January 2012 positions within the OCPA, she has certainly contributed to its progress in significant and lasting ways.
OCPA 2011 Lifetime Achievement Award Recipient: Alicia A. Roane, CP It was during a very quick dinner meeting of the Lifetime Achievement Award Committee that Alicia A. Roane, CP was chosen as this year’s recipient. When the waitress came around to take our food order, the decision had already been made and we had moved on. Deciding this year’s recipient was, as you can imagine, a no-brainer. The Lifetime Achievement Award is OCPA’s highest honor, and is granted to a person who demonstrates: (a) dedication to the paralegal profession and to the progress of the OCPA; (b) contributions to the growth and development of the paralegal profession; and (c) extended community development. Ms. Roane not only meets these criteria, but exceeds them by leaps and bounds. Alicia’s dedication to the paralegal profession and her ability to represent the best in the paralegal profession are just two of the many reasons that Ms. Roane was selected. In her many years in the legal field, she has shown great growth. She started her legal career as a receptionist in a small firm, and her hard work and dedication lead to her promotion to a paralegal position. In her current job, she plays an integral role in educating legal professionals and law enforcement officials about the practical use of DNA technology in criminal law cases. In addition to helping prosecute cases, she also works on the Innocence Panel in which convicted criminals can appeal to the District Attorney's office and have their cases reviewed with the use of DNA technology. Convicted individuals have been set free after DNA technology has proven their innocence, and Ms. Roane has a role in this process as part of her job with the District Attorney's office. In fact, she was recognized for outstanding service to the DA’s office, and was nominated for the award by her attorneys. It is clear that the DA's office values her as an effective member of their legal team. Additionally, Ms. Roane has shown amazing dedication to the progress of the OCPA. She served on the OCPA Board of Directors for many years and has held a multitude of offices, including President, Student Liaison, CLA Class Instructor, and Conference Chairperson. She was instrumental in coordinating the return of the Career Conference many years ago. During her Presidency, Ms. Roane also launched the Electronic Compendium as an option to reduce OCPA spending. This move laid the foundation for going fully electronic with the Compendium, which has allowed OCPA to offer a record number of Scholarships to our members and Orange County paralegal students. Through her many
Demonstrating Ms. Roane’s contributions to the growth and development of the paralegal profession is an easy task. She teaches a paralegal class at Irvine Valley College, and is a regular guest speaker at for classes UCI Extension. She has also spoken about her job to entry level students at colleges all around Orange County, and to the ALA’s Legal Secretary training course, providing them with valuable insight into what it is like to work in the criminal law field. A former student of Coastline Community College herself, her commitment and leadership to all students is amazing. She volunteers at Coastline Community College, Platt College, Santa Ana College, University of Irvine, and Irvine Valley College, to name a few. Students who have an interest in the field have also been accepted to work as interns with the DA's office. Ms. Roane understands the need for students to explore their interests in deciding their career paths, and she promotes the idea that they should take the time to explore different fields when they can. Furthermore, Ms. Roane serves on the Advisory Board of several paralegal programs in Orange County. The final criteria used to determine the recipient for a Lifetime Achievement Award is involvement in community development. Not only does Ms. Roane remain active in volunteering in different capacities with the OCPA, and is a proud and dedicated member of the hard working team at the District Attorney’s office, but she also volunteers her time to mentor children several times per month. Furthermore, Ms. Roane acts as an auxiliary Board Member and regular volunteer for the Brockman Institute – an organization dedicated to providing at-risk and low-income students with handson experience and educational opportunities to increase their chances at success in life. It is our honor to recognize Alicia Roane, whose leadership with OCPA, and lifetime of dedication to others is the very purpose for the Orange County Paralegal Association’s Lifetime Achievement Award.
Paralegal Practice Tip: Billable Hour Goals? Do the Math! Contributed by Vicki Voisin
Most firms set annual billable hour goals for attorneys and paralegal. Reaching those goals is very important for a variety of reasons, the primary one being to demonstrate value to the firm. If you do not break down the billable hour goals into 'chunks,' it's a good possibility that come December 2012 you'll find yourself falling short of the goal or scrambling to do two months' time in one month. Neither is good, one is virtually impossible. Instead, you need to do a bit of math and some simple planning NOW to be sure you meet your goals 12 months from now. As always, I'm dedicated to your success!
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 legal professionals reach their full potential. She publishes a bi-weekly ezine titled Strategies for Paralegals Seeking Excellence. More information is available at www.paralegalmentor.com
How the Cloud is Impacting the “Legal Departments” within the Healthcare Industry By Valeh Nazemoff. Source: CloudCommons.com
As healthcare IT executives continue to explore ways to implement Cloud Computing technology into their organization, there are many considerations that the overall organization needs to consider that does not involve just the IT department. An organization that had their infrastructure in-house were setting their service level agreements (SLAs) and performance metrics between two groups; the internal IT department with the internal business lines and then with the internal IT department and 3rd party vendors (ex: Marketing department of the organization has response time from their internal IT department for certain applications and then the IT department has response time from 3rd party vendors (i.e. Verizon, Cisco, HP, AT&T, etc)). Now when an organization goes cloud, the organization or business line communicates with the Cloud Service Provider (CSP) who behind the scenes deals with the 3rd party vendor. The responsibility is all on the CSP no matter what their terms and conditions are with the 3rd party. Here we see that the major shift to an external provider automatically draws attention to the legal departments to make sure the needs of the organization are met. Therefore it is important for legal to understand the language of Cloud Computing and be able to distinguish what is in the best interest of the organization based on the terms and conditions set forth. However, this does not start and stop with SLAs and IT performance metrics. The legal department’s need to understand cloud computing terminology is not only to protect IT, but it is also necessary to recognize and grasp the shift that will start to unfold itself within the culture of the organization as a whole. For example, the business users will start and need to use applications that are Cloud based (SaaS) due to the various features, flexibility with integration, performance delivery, and for many more reasons that will be offered by the providers. These applications can be HR, health case management, financial such as a payroll system, marketing, and client management type of systems. External party applications will also be a contributing factor to the way business is conducted as well. For example, a hospital case management system may need to integrate with an insurance provider’s system to send and receive data through the cloud.
The important notation here is that while many organizations, including medical service providers such as hospitals or insurance, focus on the end user applications and IT departments. They have not paid much attention to the importance in the involvement of their legal departments to avoid litigations and other legal issues that might arise not only from internal sources (ex: HR EEO) but external sources (ex: 3rd party legal complaint) and mandates that are formed from government or other organizations that play a huge part in the cloud’s privacy, security, and confidentiality. For organizations to be HIPAA compliant, they need to make sure that medical records and data is kept private, which is why the cloud causes some concern to healthcare professional that are considering cloud adoption. Can they be sure and confident that the data is kept private and know where the data is (not floating around in some international country)? Legal departments need to be involved to understand the implications and to make sure the 3rd party provider IS meeting compliance. Security, confidentiality, and client privacy are major concerns. The HITECH Act, which was heavily discussed at the summit, requires that cloud computing applications used by healthcare providers stick to HIPAA. HITECH would cause the legal and compliance officers of the healthcare organization to set policies and make sure that they are executed so that legal liability for noncompliance does not occur. In addition there are billions of dollars of federal incentives to expand the use of electronic health systems (EHRs) by 2014 with the ability to exchange information and data to and from providers. This also causes the legal departments to have a forward thinking mentality to manage risk and prevent legal issues from occurring. For example, encrypting data file transfers for health related records and preventing unauthorized access. Organizations need to prepare themselves in deciding on how and when to start implementing a new process in their workflow for when to engage legal to describe and review the cloud computing provider’s terms and conditions and the strategic initiatives for what the different users within the organization are trying to accomplish by incorporating cloud computing technology. Forward thinking needs to take place for how the company wants to handle a situation where the cloud provider has breached their agreement. Should there be
a “resolution agent” prior to engaging the lawyers or paralegals? What about adding in a role where someone is responsible and accountable within the organization to review the provider’s reports and cross checking that the terms and conditions are being met? Cloud computing will impact the corporate legal department’s need to manage their workload more effectively with the evolution and processes and policies need to be set in place. Legal metrics and reporting will need to be reevaluated and customized to the specific needs of the organization based on what cloud solution is being utilized to monitor effectively. The healthcare organizations transitioning their IT and /or their business applications to the cloud need to review their overall business processes. Moving to the cloud is not just an IT solution but a solution that involves the decision and involvement of many, such as the legal departments. Valeh Nazemoff serves as Vice President of Acolyst where she is responsible for managing several multi-million dollar projects simultaneously, working with client executives in meeting their strategic initiatives, and helping them plan and roadmap their data and IT performance management while implementing industry standards, best practices, and business process improvement around GRC & Legal. She has also taught several business courses, such as business law, for the University of Phoenix (UOPHX). You can reach her at email@example.com .
Hello from NALA! Contributed by Maria Conzelman, CP
Happy New Year OCPA Members! I hope you all enjoyed the holidays with your family and friends. Facts & Findings Now in Digital Format Great news! The NALA Facts and Findings publication is now in a digital format. Beginning with the November 2011 issue, NALA members can now download an advance copy of each issue of Facts & Findings in digital format. A link to the most current issue in digital format can be found on the NALA web site under Facts & Findings, current issue page. Members will be required to login with their user name and password to access the file. With this new format, members may read the magazine on their desktop computers, as well as mobile devices. The digital format features handy options such as live links to web sites of advertisers and search functions. Smart phone and tablet users can add a F&F icon to screens so that access to the current issue is just a touch away.
ment and how to advance in the paralegal profession. They covered key topics including creating professional resumes, obtaining professional certification, and networking at CLE programs. The program was taped October 25, 2011. You can find it using this link: http://legaltalknetwork.com/ podcasts/paralegal-voice/2011/11/career-tipshow-to-advance-in-the-paralegal-profession/ Spring classes offered by NALA Campus Live NALA will start January off with another impressive program line up! The new courses include programs for preparation for the Certified Paralegal Exam, and advanced programs in real estate, intellectual property, administrative law, and litigation. The program brochure will arrive in early January - in time for you to plan your CLE schedule for 2012. Registration fees are $80 per course for NALA members, and $105 for non-members. Active members: your NALA CLE Gift Certificate will cover the cost of one course. Till next month-Maria
The new format will not replace the print copy but is being introduced as an added feature for all members and subscribers. As each issue is released, former issues will be accessible via the Facts & Findings Archives. A note about the Archives. The archive for members is a great source to use to look up articles on specific subjects, or by specific authors. This can be helpful in preparing for a class, looking up tips, or finding that one article you need which title you forgot! Access to the archives is found through the NALA Net page on the web site (under Members Area) and from the Facts & Findings tab/Facts & Findings Online. NALA Members Featured on the Paralegal Voice, Legal Talk Network! Want some tips from the experts about how to get ahead in the paralegal profession? In the November 9, 2011 edition of The Paralegal Voice, co-hosts Lynne DeVenny and Vicki Voisin, ACP joined NALA President, Karen McGee, ACP and Charlsye Smith Diaz, Ph.D., as they looked at career developPage 12
ORANGE COUNTY PARALEGAL ASSOCIATION 2012 Board of Directors Executive Committee President Vice President, Administration Vice President, Policy Treasurer Secretary NALA Liaison
Hilary Martin Julianna Hallsted, ACP Kai Williamson Vicky La Celle, CP
firstname.lastname@example.org email@example.com firstname.lastname@example.org email@example.com
Maria Conzelman, CP
Directors at Large
CAPA Primary CAPA Secondary
Milady Cambare Elizabeth Ornelas Diana Tierney Kerry Swancutt Janine Fountain Cindy Mascio, ACP Rafia Aleem Lorena Hughes Tanya Chopra Carolyn Yellis, ACP Susan Schwartz
firstname.lastname@example.org email@example.com firstname.lastname@example.org email@example.com firstname.lastname@example.org email@example.com firstname.lastname@example.org email@example.com firstname.lastname@example.org email@example.com firstname.lastname@example.org
Julianna Hallsted, ACP Hilary Martin
Contact informaƟon of board members and commiƩee chairs published in the Compendium are subject to the policies of OCPA. Use of contact informaƟon of board members or commiƩee chairs for purposes of solicitaƟon for business, personal gain, or distribuƟon of such informaƟon to third parƟes for the same is strictly prohibited.
JANUARY 2012 NEW MEMBERS Laurie Nina J. Sandeep Will H. Mia Robert Jasmin Janice Carl Jessica Ann Sherrie Natalie Lisa
Gleason Cooper Baweja Burson Jr. Cook Page Jackson Sorensen Felder Falk Kubiak Burgess Kupfer
Voting: 409 Student: 169 Associate: 72 Sustaining: 29 Total: 679
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COMPENDIUM - November/December 2012 Volume 33, Number 1
Committed to Excellence through Education, Certification and Ethical Responsibility Publisher: Orange County Paralegal Association Editorial Team: Tracy Hermans, Karlene Miller, Krystal Pazanti, Liz Spinazze, Tamira Stewart
The Compendium is the official publication of the Orange County Paralegal Association (OCPA) P.O. Box 8512, Newport Beach, CA 92658. Postage Paid at Newport Beach, CA. A subscription to the Compendium is provided as a member benefit of OCPA. For further information about all the benefits OCPA has to offer, please visit our website at www.ocparalegal.org. ÂŠ 2012 Orange County Paralegal Association
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Published on Jan 13, 2012