Paralegal Matters - October 2017

MMXVII

ISSUE 3

September 2017

www.atlantaparalegal.org

www.nala.org

A Quarterly Newsletter

An Affiliate of the National Association of Legal Assistants, Inc., The Paralegal Association

INSIDE THIS ISSUE Editor’s Message

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Letter from the President

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The Teal Trot

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It’s What You Stand For

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3 Ways to Excel as a Paralegal

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My NALA Conference Experience 11 Got Pre-Nup

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EDITOR’S MESSAGE With the hurricanes coming to and through the Southern and Southeastern regions of the United States this past month, it makes me ponder the importance of “storms” in our lives.

Hurricanes, although they present difficulties, also play a vital role in regulating temperature, replenishing land and marine life by providing rain to areas that typically need it, and by bringing nutrients from the ocean to the surface (www.sciencing.com).

Just like hurricanes, storms come into our lives to mix things up. These difficulties occur in our personal and professional lives like clock-work. Just like hurricanes, these challenges can help us grow, they can replenish our belief in ourselves by our ability to persevere, push through and push past obstacles to achieve success and reach a kind of peace after the storm.

QUOTE OF THE QUARTER: “Before the fruits of prosperity can come, the storms of life need to first bring the required rains of testing, which mixes with the seeds of wisdom to produce a mature harvest.” – Lincoln Patz In the paralegal profession, we paralegals face many challenges. Challenging personalities both in the office and in the courtroom, challenging changes to our ever evolving legal system, and challenging demands and time commitments. Despite it all, we strive and we rise to the occasion. We improve our skillset, we improve our interpersonal communication skills, and we improve our work-life balance.

Let the recent storms be a lesson to us all. For the clouds may come and rain may be evident, but the sun will shine again, renewing life in the darkest of places, rejuvenating our minds and our abilities.

Stay the course and show the legal industry the importance of our profession!

~ Nina Walzer Publications Editor

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Atlanta Paralegal Association WHERE PARALEGALS THRIVE!

Assistance toward Certification 5

LETTER FROM THE PRESIDENT

As I pondered on my last message to APA members and guests as President of Atlanta Paralegal Association, Inc. (“APA�) I thought, what better message to share than my personal pursuits as a thriving paralegal.

Lifetime Pursuits of a Thriving Paralegal Refusing to Become Obsolete in Terms of Knowledge and Skills

One of the greatest joys in life is discovering new insights.

My last child entered his freshman year in college this year. Mixed emotions were flaring from tears of sadness, to tears of gratitude, to what’s next. Although my responsibilities as a mother could never dissolve, my energy level and duties have shifted. After the tears were gone, I accepted the fact that this is one of those life changes and the best way for me to deal with it is to take this opportunity to reinvent myself. One of the best joys of my life is the role of a mother. Some of us become so consumed with the needs of our children that we lose sight of who we are as individuals. Going from a mother who has nurtured, taught, provided, protected and guided three wonderful children, to a mother who now must learn how to become what I am capable of becoming as an individual. This is a great challenge and one that I welcome with an eagerness to learn. To pursue self-appraisal, self-interest and selfdevelopment is the path I chose to take today to gain knowledge and to develop skills needed to reinvent myself on a personal level.

Leadership development is a lifetime journey.

As if balancing family life and career were not enough, I had a strong desire to help others.

I quickly learned that one method of doing so was through volunteering. It was through my volunteering that I developed a strong sense of duty to serve people, to give back. Over the years, I have volunteered in community outreach programs; as a reading mentor to primary and secondary grade students; as an officer within my religious organization; as an officer of Toastmasters International (while earning my CTM and CL credentials); as a board memberat-large of a paralegal association; as an advisory board member of a Georgia college; and, my personal favorites, founding officer, 2nd Vice President/Membership, 2nd Vice President/ Education and President of APA. It is through my desire to want to help others and my willingness to do something to make a difference that I am able to continue on the journey of developing leadership traits.

Developing interpersonal relations and communication skills is imperative for leaders.

As a volunteer, I have developed insight into how people function in groups. Believe it or not, not everyone is aware of the importance of developing interpersonal relations and 6

communication skills. Interpersonal skills are vital when interacting with other people. Listening, communication and attitude are key factors for me in developing my interpersonal skills.

However, communication is a two way process, so improving communication involves both how I send and receive messages. I must admit, though, that I am still learning how to develop nonverbal communications and how to interact or react to people and situations. One thing for certain, my continued success depends on me continuing to develop my interpersonal relations and communication skills.

Federal and Georgia state laws are continuously being amended and, as the scope of the legal field continues to grow, paralegal duties are continuously evolving.

In my career, unlike my personal life, I continuously reinvent myself. Over my 20+ years in the legal field, my zest for learning the intricacies of law firms distinguished me from that paralegal who has become stagnant in their position. Throughout my career, I have always welcomed challenges that increase responsibilities. It was in these increased responsibilities that I developed administrative, accounting, secretarial, and paralegal skills (not to mention attorney skills). No task was/is beneath nor above me. These experiences and skill sets have placed me in growth positions. Today, my career pursuit is to stay up-to-date with law changes and the growth of the legal field through research and investments in continuing education. Being a member of NALA and APA allows me that opportunity to continuously evolve.

REMEMBER: Leaders are perpetual learners - No matter what

level we reach in our personal life and our career, we must refuse to become stagnant.

Thank you for taking the time to read this message. I should only hope that my sharing my personal pursuits as a thriving paralegal has inspired those who may have felt that they were on this journey alone.

Although I am entering a new phase in life, I want each of you to know that I am around.

Should you need to reach me for whatever reason, please feel free to contact me at carrie_foster@att.net.

Carrie C. Foster, President Atlanta Paralegal Association, Inc.

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THE TEAL TROT

By Ronald L. Campbell, BS, MSHA, LFACHE, ACP The 2017 Teal Trot 5K Walk/Run was held on Saturday September 16, 2017 in Chastain Park—a morning of celebrating, honoring and remembering gynecologic cancer survivors and patients, their families, caregivers and friends. The event was sponsored by the Georgia Ovarian Cancer Alliance. GOCA promotes awareness and action for ovarian cancer. It helps educate women, their families, and the healthcare community about the risks and symptoms and treatment of ovarian cancer leading to earlier detection.

the Social Security Administration (SSA) may be able to help. Women with advanced ovarian cancer may qualify for Social Security disability benefits, an invaluable resource for families in need.

It’s important to know other laws too that can protect you in the workplace, including:

My wife was diagnosed with ovarian cancer, was treated with surgery in January, 2017, and is undergoing chemotherapy treatments through mid-summer. We are hopeful for remission and getting well for many more years. As her caregivers, I and our family have become intensely interested in her survival and treatment and doing what we can to promote awareness of ovarian cancer, so of course we wanted to bring the Teal Trot to your attention.

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The Americans with Disability Act (ADA) www.ada.gov

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The Family Medical Leave Act (FMLA) www.dol.gov and search FMLA

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Equal Employment Opportunity Commission (EEOC) www.eeoc.gov

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Medicare & Medicaid www.cms.gov

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COBRA https://www.dol.gov/general/ topic/health-plans/cobra

(Endnotes) http://www.gaovariancancer.org/events/teal-trot-5k-2/ https://www.cancer.org/content/dam/cancer-org/research/cancerfacts-and-statistics/annual-cancer-facts-and-figures/2017/cancerfacts-and-figures-2017.pdf http://www.gaovariancancer.org/2016/10/12/qualifying-for-socialsecurity-benefits-with-ovarian-cancer/ https://www.disabilitybenefitscenter.org/compassionateallowances/ovarian-cancer-social-security-disability

An estimated 22,440 new cases of ovarian cancer cases will be diagnosed in the U.S. in 2017 and an estimated 14,080 ovarian cancer deaths will occur in 2017. Unfortunately there is no sufficiently accurate screening test recommended for early detection of ovarian cancer in average-risk women. The 5 year relative survival rate for ovarian cancer is relatively low, 46%.

Ron is a healthcare paralegal for Mark C. Harper, Attorney at Law. He received Advanced Certification in Entity Medical Liability in 2016 and holds a Masters of Science degree in Hospital Administration from Trinity University and a Bachelor of Science degree from Abilene Christian University.

From chemotherapy and radiation to surgery, ovarian cancer can easily put anyone out of work for a year or more. If you or a woman you love has been diagnosed with ovarian cancer, the last thing on your mind should be making ends meet financially. Fortunately, 8

IT’S WHAT YOU STAND FOR

By Alicia Levenberry One the many things that I love about my paralegal career is that no matter what area of law that I work within, when I am among my peers, there is a commonality that we share – our morals and ethics – which are essential and independent of our education, experience and skills.

Canon A. A paralegal must use discretion and professional judgment commensurate with knowledge and experience but must not render independent legal judgment in place of an attorney. The services of an attorney are essential in the public interest whenever such legal judgment is required.

The strength of a paralegal is not just found in his/her education and expertise in supporting an attorney. Our profession establishes a respect for equality and dignity of all citizens. Being a paralegal is a fascinating occupation and it allows us to be an integral part of a democratic process. An exceptional paralegal, gives access to justice to others and holds herself/himself accountable to upholding standards of ethics and confidentiality.

Scenario A. Would you provide case information to a client’s family member if they ask even if they are not a party to the case?

As you see in Canon A, knowledge and experience are not independent of discretion and professional judgment. In this scenario, the question implores you to decide if you are loyal to the client, respect the legal process and value confidentiality.

Your answer to the question above may be an undeniable, no. But what if the family member told you critical information that will help the case and they just want to know “in your opinion” if they should disclose it to the attorney since the client has refused to?

I know we consider ourselves experts in problem-solving, but this is not the time to subconsciously reason with yourself that you have considered all of the pros and cons. The only justifiable moral reasoning in this situation is to know that it is unethical and illegal to offer opinions or give legal advice.

In 1975, the National Association of Legal Assistants (NALA) adopted a Code of Ethics and Professional Responsibility (Code).

There are ten cannons of ethics set forth in the Code as a general guide to aid paralegals.

I want to briefly cover three of them in this article and present plausible scenarios.

Ready?

Canon B. A paralegal must protect the confidences of a client and must not violate any rule or statute now in effect or hereafter enacted controlling the doctrine of privileged communications between a client and an attorney.

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Scenario B. Do you accept tickets to a sports event as a gift from someone who heard that your attorney won a case for their friend and now they want ‘insider’ information on how to handle a similar legal issue of their own?

What if the lawyer is being politically intimidated? What at first sounds like a fairly straightforward response – take such actions to remove yourself from the alleged “fraudulent” activity and report the attorney – turns out to be surprisingly complex.

This is what paralegals cannot do:

The Office of General Counsel of the State Bar of Georgia receives in excess of 2,100 written complaints annually. In June 2017, the Supreme Court issued four lawyer discipline decisions. You can visit the Georgia State Bar website to search and find an attorney’s public disciplinary history. Violations of law, criminal or civil, and professional misconduct are committed by lawyers, too. The bottom line – it happens.

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engage in the practice of law  offer opinions or legal advice  represent clients in court (exception is made with certain governmental agencies)  accept new clients into the practice  set legal fees However, a paralegal can play a vital role in the safeguarding sensitive information by protecting and honoring the doctrine of attorneyclient privilege. An implicit understanding of your professional role and fiduciary responsibility will characterize your approach to such a scenario.

Paralegals are fast becoming recognized as the essential right-hand of practicing attorneys.

Our value is not limited due to being prohibited from engaging in the practice of law. In fact, most clients trust paralegals more than they trust lawyers. Our self-determination and passion to ensure appropriate steps are taken to deliver quality legal services is represented in upholding our morals, values and the Code in an ethical manner.

Canon C. A paralegal must not: (a) engage in, encourage, or contribute to any act which could constitute the unauthorized practice of law; and (b) establish attorney-client relationships, set fees, give legal opinions or advice or represent a client before a court or agency unless so authorized by that court or agency; and (c) engage in conduct or take any action which would assist or involve the attorney in a violation of professional ethics or give the appearance of professional impropriety.

Isn’t that what we stand for?

(Endnotes) http://www.warrenhindslaw.com/Practice-Areas/BarComplaints.shtml http://www.dailyreportonline.com/id=1202792127656/SupremeCourt-of-Georgia-Issues-Discipline-Decisions-on-4-Lawyers

Scenario C. You overheard a conversation where an attorney is planning fraud and the attorney asks you to handle a certain task that you know for sure has something to do with their fraudulent plan. What do you do?

Alicia Levenberry is a corporate legal assistant at Balfour Beatty Infrastructure, Inc. Her work involves construction litigation, contract management, HR/employment matters, corporate integrity and compliance policies and business organization law. She has a degree in Business Administration and earned her paralegal certification in 2004.

Hopefully, you will never find yourself in a situation where you are employed by an unethical attorney. Hopefully, the scenario above is truly hypothetical. I know it is hard to fathom a lawyer committing a crime as we all want to believe that our attorney is ethical and innocent. So, let’s say that one of your peers are faced with a similar situation instead. What advice would you give them on how to handle it?

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3 WAYS TO EXCEL AS A PARALEGAL

By Ashley Bennett Whether by choice or by happenstance, we’ve all made the choice to pursue a career as a paralegal. We wear many hats, and every day brings a new challenge for us to tackle. Most days we are problem solvers, babysitters to needy clients, and crisis fire fighters for the attorneys we support. With everything that we juggle in a day, it can be easy to lose sight of our purpose; to help our clients. As Aristotle so poignantly stated, “Pleasure in the job, puts perfection in the work.” So, let’s discuss some things that we can put into practice daily, that will help us be great paralegals.

One of the best things we can do for ourselves is to work smarter, not harder. This comes from proper time management. Approach each day with a plan of action, and stick to the plan. Build some time into your day for the fires that may pop up, but don’t let these fires derail your whole day. My least favorite task is preparing demand packages for defendant carriers. I rather watch the grass grow, than sift through mountains of medical records and bills.

Since I know this about myself, I make it my business to do one demand package when I first come into the office every day. That way, I have the rest of my day to handle less labor-intensive tasks. After I complete a demand, I return calls and emails and address any new cases that may have come in that day. I’ve found that managing my time this way, has helped me be more productive, and given me more time to focus on servicing my clients.

don’t want to talk to them? Or, you see a particular client’s name on your caller ID and instead of answering the phone; you send them to your voicemail instead? We’ve all done it! But moving forward, let’s challenge ourselves to take a step back and put ourselves in that person’s shoes. While we handle legal matters as part of our job, a lot of people have never had to deal with an injury case, a divorce, or a criminal conviction.

They rely on us to walk them through the process, make them comfortable, and listen to their concerns. The people who are topperformers in their positions know that showing empathy to clients is one of the most important parts of the paralegal’s job.

A little kindness goes a long way and may result in more client referrals for you and your attorney.

The last way to excel as a paralegal is to make sure that you’re continuing your education. We do so much to help our clients and assist our attorneys, that we often don’t

How many times have you been on the phone with a client, discussing their case, and started rolling your eyes because you 11

make time to learn new things.

ties, as well as resources to help you be more efficient. Strive to learn something new every day that will help you be better at what you do.

Visit www.paralegalgateway.com.

This site has a wealth of resources geared towards helping paralegals find continuing legal and professional education opportuni-

Ashley is a personal injury case manager/ paralegal for Morgan & Morgan, P.A. She obtained her BA in Political Science from Clark Atlanta University in 2005, and paralegal certification from Emory University’s in 2008. Before work-

ing in the legal field, Ashley worked as a commercial and bodily injury claims adjuster.

2017 NALA CONFERENCE EXPERIENCES SHARED

By Melinda Carter On July 19, 2017, NALA held its annual Conference in Orlando, FL, and it was an amazing experience. As a first timer, the conference far exceeded my expectations in many ways. The 3day event is a great opportunity for legal professionals to connect, participate in educational seminars, and learn new and relevant industry standards and technology. It was great meeting new people across the U.S. as well as seeing familiar faces of APA. In fact, our President, Ms. Carrie Foster received an affiliate award.

advance in their careers. Whether you are a legal professional seeking employment opportunities, a student preparing to take the CP exam or looking to enhance your current skillsets, this is the conference for you. Check out NALA’s website for details on the 2018 Conference, which will be held in St. Louis, Missouri (www.nala.org).

Melinda is the Atlanta Paralegal Association’s, Web Administrator.

She is a certified paralegal with a degree in Business and Legal Studies from Herzing University, and received her paralegal certification in 2016.

The NALA Conference offers many resources for legal professionals to grow and 12

2017 NALA CONFERENCE EXPERIENCES SHARED

By Becky Shipes Hello Everyone,

with other paralegals to hear what they are doing in their respective areas. One thing I really I am so excited to be back The National enjoy is collecting from each affiliate associaAssociation of Legal Assistants, Inc. (NALA) tions are any tips and tricks which we can con2017 Conference & Expo held July 19th through sider here to grow our organization.

July 21st at the Wyndham Orlando Resort located in Orlando, Florida.

I would like to send a big THANK YOU to our members, Tina D'Agostino, Alicia Levenberry, Andrea Linnear, Karen Miller, Melinda Carter, and Carrie Foster who attended and participated in all the CLE's and Affilated Meetings and Roundtables so that we could be sure to cover all events and to make APA's presence well known at the convention.

If you have never attended a NALA Conference before, I highly encourage you to attend the 2018 Convention which will be held on July 11-13 in St. Louis, Missouri.

This year was APA's third appearance at the All Convention Luncheon, Affiliated Associations Meetings and Roundtable Discussions.

We had seven members attending the Conference this year! What an amazing experience to meet and interact with so many paralegals from all over the United States!

I hope to see you all in St. Louis!!

At the Affiliate Showcase, APA members were able to sit a various tables on over 15 topics such as membership, and social media to share news about our organization as well as meet Becky is a certified senior paralegal for Burr & Forman LLP in the Creditors’ Rights and Bankruptcy and Litigation practice groups. She has over 20 years of paralegal experience and is certified in both Westlaw and LexisNexis. She obtained a Bachelor of Science Degree in Paralegal Studies from Samford University.

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GOT PRE-NUP?

By Nina Walzer You and your partner are getting pretty serious and have decided to get married.

You’ve discussed how you want to get married, attended pre-marital counseling, but have you discussed a prenuptial agreement?

prenuptial agreement, and you have the right to know the full value of all assets and liabilities of your spouse. They need to supply you with up to date information and documents regarding their assets, business interests, and debts. If one spouse fails to make a “full and fair” disclosure of assets, income, and liabilities to the other spouse prior to execution of a prenuptial agreement, the Court can set aside the agreement in future legal proceedings. Additionally, according to O.C.G.A. § 19-3-63, a prenuptial must be signed by both parties and verified by two (2) witnesses. No witnesses, no valid agreement, it’s as simple as that.

Many couples are beginning to see the value in prenuptial agreements as they no longer hold on the stigma of planning for a failed marriage. Instead, prenuptial agreements are a way to harmoniously plan for the dissolution of marriage by creating an exit strategy that is seamless and less challenging for you and your spouse.

As it relates to the contents of a prenuptial agreement, it can cover a variety of things, including but not limited to, the division of property, assignment of assets and liabilities, and alimony. It can also specify rights of each spouse as it relates to the division of said assets and liabilities, inheritances, and gifts. Essentially, the agreement should include provisions for everything that could possibly occur during the course of a marriage including the addition of children, or the untimely death of a spouse.

So what exactly is a prenuptial agreement? A prenuptial agreement or antenuptial agreement as it is sometimes referred, is a contract between two people who are contemplating marriage. This contract outlines the future settlement upon one spouse.

Generally speaking, prenuptial agreements do not include provisions on child support and custody if and when children are involved. This is largely due to the fact that the Court has an obligation to do “what’s in the best interests of the child” at the given moment that decisions need to be made for children. Additionally, each adult is obligated by law to support their child, so child support provisions are not included in prenuptial agreements.

In order for the prenuptial agreement to be enforceable it must be in writing and both parties must enter into the agreement without coercion and with full knowledge of the other’s assets and liabilities. That means that no one can force you to sign a 14

Take Stacey and Marc for example. Stacey graduated from an Ivy League school and landed a top executive gig at a Fortune 500 company. She makes about $70,000.00 per year, but also carries about $200,000.00 in student loan debt. debts, and assist them in transitioning out of the marriage, if needed, with little discussion over furniture, plates, and bank accounts. Marc is a medical student that wants to save the world one patient at a time.

He’s talented and desires a noble profession travelling the world helping underprivileged communities, but he isn’t as financially “with it” as Stacey. Having a pre-nup can secure Stacey’s assets, ensure that Marc is responsible for his own liabilities and debts, and assist them in transitioning out of the marriage, if needed, with little discussion over furniture, plates, and bank accounts.

It is a way to control the outcome of the marriage without the hassle of expensive litigation that is at the discretion of a judge or jury. Think of a prenuptial agreement like an insurance policy for your marriage. Like any other insurance policy, you get it in the event something will happen to you, and you never know when you will need it.

Check out Ashley and Tamika. Ashley is a hard-working chef. She wants to go back to school to perfect her craft. Tamika is a school teacher with a few thousand dollars’ worth of student loan debt and a teacher’s retirement account. She also has one child outside of her relationship with Aaron. Their pre-nup can include provisions for Tamika’s support of Ashley as she goes back to school, how each spouse will contribute financially to her education, and if money would be owed if they divorce within a certain number of years after Ashley’s degree is obtained. Additionally, it can be used to protect Tamika’s retirement account and provisions can be added to protect her child and ensure certain assets are left for her child in the event of her death or divorce.

Nina is a paralegal at Ney Hoffecker Peacock & Hayle. She has experience handling complex litigation matters including breach of contracts, domestic relations, legal malpractice, and personal injury cases. Nina has a Bachelor of Arts degree in Communication and Business from Missouri State University and obtained her Paralegal Certificate from Emory University.

As you see, pre-nups can be effective for any couple, no matter what their financial situation, career path, or lifestyle. Prenuptial agreements can protect your separate and future assets before you enter into marriage.

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A SPECIAL THANKS TO OUR SPONSORS

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Paralegal Matters is the official e-Newsletter of APA, Atlanta Paralegal Association, Inc. It is designed to serve the needs and interests of paralegals.

Paralegal Matters is edited for the members of APA. Publishing and editorial decisions are based on the editors’ judgment of writing, the timeliness of the article and the potential interest of the readers.

BOARD OF DIRECTORS & OFFICERS

The views expressed in Paralegal Matters are those of the individual authors and do not necessarily reflect the official views of APA. No endorsement of those views should be inferred unless specifically identified as the official policy of APA.

Paralegal Matters exercises reasonable care in accepting advertising from reputable firms and individuals. However, information concerning products and services advertised is provided by the advertisers. Paralegal Matters makes no representations as to the validity of the information or the suitability of advertised products and serves to particular uses. Paralegal Matters and APA are not liable for misinformation, typographical errors or misprints in advertisements.

Carrie Foster, President

Alicia D. Levenberry, 1st VP

Alicia Washington 2nd VP-Membership

Karen C. Miller, ACP,MSCL, 2nd VP-Education School/Student Liaison

Andrea Linnear, Treasurer

Mary J. McKay, ACP, RP, CEDS, State/Local Bar Liaison

Atlanta Paralegal Association, Inc.

Becky L. Shipes, ACP, NALA Liaison, Parliamentarian

P.O. Box 7552 Atlanta, Georgia 30357

Nina Walzer

Website: www.atlantaparalegal.org

Publications Editor

Email: publicationseditor@atlantaparalegal.org Melinda Carter Website Admin.

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