The National Paralegal Reporter - Spring 2022

THE NATIONAL PARALEGAL

REPORTER

SPR I N G 20 22 Vo l . 47 N o . 1

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2022 JOINT CONFERENCE DISCRIMINATION IN MEDICAL CARE AUTHENTICITY AND CANDOR 2022 NFPA ANNUAL CONVENTION

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TABLE OF President’s Message CONTENTS PRESIDENT’S MESSAGE.............................................2 TOP 10 NEW YEAR’S RESOLUTIONS FOR PARALEGALS........................................................4 REGULATION ROUNDUP............................................8 NFPA JOINT CONFERENCE 2022........................... 11

NEW YEAR, NEW YOU

DISCRIMINATION IN MEDICAL CARE...................12

Many of us put together a laundry list of things we’d like to change and try to commit to changing these things at the beginning of every year. The infamous new years resolutions. Some people do this faithfully every year, others strive to make improvements and new goals throughout the year. In 2022, I challenge you to put your career on your resolution list.

Take courage from the “great resignation” to make career development a focus.

CONTRACT MANAGEMENT AND NEGOTIATION A DELICIOUS RECIPE FOR SUCCESS................... 18 SPYCRAFT & BUSINESS INTELLIGENCE.............20 CREDENTIAL HOLDERS...........................................22 CASE LAW ALERT: CAN’T DECIDE ON SEARCH TERMS IN DISCOVERY? FIND AN EXPERT.........23 BEING AN AIR FORCE PARALEGAL .....................24 YOU, TOO, CAN BE A LEADER!..............................26 AUTHENTICITY & CANDOR SAY WHAT YOU MEAN............................................28 IT AIN’T EASY BEING A PARALEGAL.....................31 2022 ANNUAL CONVENTION AND POLICY MEETING - PARALEGALS IN THE “LAND”...........35 VENDOR DIRECTORY...............................................38 ON THE COVER: The NFPA Joint Conference Committee welcomes you to the University of St. Thomas School of Law in Minneapolis, MN from May 19-21, 2022. See the details on page 11.

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Where to start? Branding of course! We are all aware of brands, we see them every day.

Think about your favorite restaurant, store or actor. We are bombarded with branding every day. Amazon CEO and Founder Jeff Bezos offered a great explanation when he said, “Your brand is what people say about you when you’re not in the room.

Branding applies to our careers too! Personal branding is the practice of people marketing themselves and their careers. The job market can be very competitive, and branding can help you stand out from your peers.

Personal branding will take some preparation on your part but, the return on investment is worth it!

Start with some self-reflection.

First consider who you are and what you have to offer. Dig deep, think about your skills, think about what you’ve done lately that helps you stand out – consider special skills, technical, critical thinking, certifications, education.

What makes you unique and relevant?

Even if you are new to the profession, you have skills that can translate to legal. Do you have experience dealing with difficult

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These should be part of your brand!

Include accomplishments that you are proud of. What is brag-worthy – what do you do that adds remarkable, measurable, distinguishable value? What is your superpower?

The answers to these questions become the basis of your elevator speech. What’s an elevator speech? A 30-60 second commercial about yourself. Start with something like, I’m a 5 year paralegal that specializes in mergers in acquisitions. Add in items like, I assisted in a 16 billion dollar acquisition or I have a unique ability to parse through due diligence in a way that saves my firm’s clients 5% off their expected budgets. Or I successfully led a team of three paralegals during three prior mergers. You get the idea. Think of the “value added” items that might be important to a potential employer.

Practice your elevator speech over and over again – say it to yourself in the mirror. Once you’ve said it a thousand times you’ll be ready to take it into a real elevator! Seriously, the more you practice the less nervous you’ll be and the more polished you’ll sound.

An important part of your brand is your social media footprint. More and more these days employers are combing social media to learn about you even before they request an interview.

We are all individuals and have opinions, just make sure what you’re posting isn’t preventing you from getting that dream job.

Try to keep in mind that some things are better left said other places. Use social media to connect with like minded individuals and monitor causes that are important to you. Your LinkedIn profile should remain professional at all times, including that gorgeous headshot. Make sure it reflects your professional self and is appropriate for the profession you want to be a part of.

Monitor your brand by Googling yourself periodically. What do you find when you search just your name? How about your name and your city or profession?

If you don’t show up, try posting more frequently on LinkedIn. Follow a few professional pages and start by reposting the things that speak to your career.

This will help you with networking and getting some exposure for your brand.

Practice your elevator speech, network whenever possible and share your brand with others! You are unique and have so many gifts to offer and pretty soon others will notice that too! Reach out if you have questions.

Lisa Lynch, CRP, CEDS NFPA President

National Paralegal Reporter, ISSN 1058-482X, is published quarterly for $33 per year by the NFPA, 400 South 4th Street, Suite 754E, Minneapolis, MN 55415; call 317-454-8312; or email info@paralegals.org. Readers are invited to submit article queries, material for consideration for publication, and replies to previously published articles to vpdmkt@paralegals. org. For information about article and advertising guidelines and deadlines, go to: www.paralegals.org/i4a/pages/ index.cfm?pageid=3285. All materials are subject to editorial revision.

Periodical postage paid at Berne, IN and additional mailing offices. Copyright © 2022 National Federation of Paralegal Associations, Inc. All rights reserved. National Paralegal Reporter, NFPA, PACE Registered Paralegal, RP, PACE, the PACE design logo, NFPA - The Leader of the Paralegal Profession and the NFPA design logo are all Registered Trademarks/Service Marks of NFPA; NFPA - Your partner in your profession, PACE – The Standard for Excellence, Paralegal CORE Competency Exam, PCCE, PCC Exam, CORE Registered Paralegal, CRP and PCCE design logo are Trademarks/Service Marks of NFPA. Corporate Sponsor logos and CLE provider logos used with permission.

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EMERGING ISSUES

Top 10 New Year’s Resolutions for Paralegals

BY AMANDA MOSBAUGH AND BERLINDA BERNARD, CP

As paralegals, we are constantly overwhelmed. Whether balancing our workload and personal obligations, it can seem as if we barely have time to think of doing anything differently. However, it doesn’t mean that we cannot set goals for ourselves and take some actions to improve all around. Will this be the year you make a change? The following are the top 10 new year’s resolutions for paralegals.

1) JOIN A PARALEGAL ASSOCIATION OR GET MORE INVOLVED IN YOUR LOCAL ORGANIZATION

2)

GET CERTIFIED

Obtaining a paralegal certification has become an increasingly popular professional move. You can become certified on the national level through NALA or NFPA. If you want to become certified on a state level, your local bar association may offer their own certification. For example, the Ohio State Bar Association and the Kentucky Bar Association both offer their own paralegal certification program. For any testing, most associations have study materials available and usually offer study groups as well.

grab something, but whatever project I was working on had made me lose all track of time. By the time I finally remembered lunch, it was already late afternoon and I would just skip it entirely.

IF YOU WANT TO MAKE SOME POSITIVE CHANGES IN 2022, I WOULD ENCOURAGE YOU TO MAKE SURE THAT YOU’RE TAKING A LUNCH BREAK AT LEAST TWICE A WEEK.

First things first, if you have not yet joined a paralegal association, that is always the best place to start! Most associations offer networking opportunities, special events, a job bank, a resume review team, mentor/mentee opportunities, pro bono opportunities and a massive opportunity for networking. Search associations nearby and consider joining!

There are also other areas where you can become certified. As we all know, eDiscovery has been a hot topic for some time now. ACEDS offers a number of eDiscovery certifications that can be obtained year-round. Maybe this is your year to try something new!

If you want to make some positive changes in 2022, I would encourage you to make sure that you’re taking a lunch break at least twice a week. Getting away from your desk for a few minutes is great for your brain. Take a break from whatever you’re working on, grab something tasty, then head back and you’ll feel refreshed and ready to tackle your project again.

3)

4)

If you already belong to an association but you haven’t made it to many meetings recently, make a plan to get more involved this year. Check the local event calendar and register to attend some meetings. Not only can you sharpen the tools in your proverbial toolbox but you also open up the opportunity to meet new people that can certainly help or encourage you on your paralegal journey.

One thing most paralegals have in common is that we rarely take our lunch break. Most days are a continuous cycle of putting out fires, responding to emails, billing hours, completing daily assignments and also tackling those rush projects that need immediate attention. That kind of schedule leaves little room for an hour lunch break. Many times, I would plan to heat up my lunch or run out to

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TAKE YOUR LUNCH BREAK

PLAN A FUN TRIP

Along the same lines as taking a lunch break, taking your vacation days is also vital for your overall well-being and mental health. Being a paralegal is stressful. Beyond stressful most days. Managing your mental health and stress levels becomes increasingly important if you’d like to have a happy and long-term paralegal career.

Several years ago, I decided to start

planning a girl’s trip for myself and my daughter. We planned a beach vacation, researched the area, made reservations and had something incredibly fun to look forward to later in the year. By the time the trip rolled around, I was able to completely unplug and allow myself to relax, focus on family and put work on the back burner, temporarily at least. I can tell you, it was the most relaxing trip I’ve ever taken and when I returned home, I was 100% refreshed and ready to tackle work in a more meaningful and fulfilling way. So bottom line here – use those vacation days!

5)

ATTEND MORE CLES

Continuing legal education contributes to our growth in the legal profession and beyond. One place you can start looking for CLEs is your local paralegal association and then check out the national paralegal associations for their CLE offerings. If you have an American Bar Association membership, you can also search for free CLEs which are usually available on demand.

Maybe you have always wanted to learn about a different area of law, CLEs are the perfect opportunity for you to gain that knowledge. Although most CLE events are still being held virtually, if you get the chance to attend and an in-person event, it’s a perfect networking opportunity.

Learn, connect, and build lasting professional relationships in the legal profession.

6)

TAKE ON A LEADERSHIP ROLE

Taking on a leadership role, whether at your current job, in your community, or in a paralegal association, can give us a sense of fulfillment and purpose in our careers.

You may not be given the opportunity, but did you know you can create it? Check out your paralegal organization and see if they have any openings on the board and ask what the requirements are to fill that role. Chances are you have exactly what they need and the diversity you bring.

For leadership opportunities at work, sit down with your office manager or attorney and express an interest in taking on new leadership tasks. Find small ways to create value for yourself. Make a list of helpful billing tips and share them with other paralegals at your firm. Especially new paralegals. Do you frequent a number of websites each day for your job? Make a master list that you can share with others.

Did you hear about an upcoming CLE that sounded interesting? Share that with the attorneys and paralegals at your firm. Did you stumble upon an interesting legal article? Talk about it with someone from your office and get their input and perspective.

No matter the leadership role, learn as much as you can, share your knowledge and expertise, and use your transferrable skills to excel in that position.

7)

INVEST IN YOUR FUTURE

The new year is a great time to take a look at your 401K. Could you increase your contributions in 2022? Is this the year to open a Roth IRA? Taking an assessment of your financial health each year can never be a bad thing. Start small and increase your contributions by at least 2%. A small difference today and make a very big difference down the road!

Another great move is talking with a financial advisor. It can be a little uncomfortable at first. But once you are able to share your financial goals, you will be able to put a real plan into place and begin seeing tangible results.

8)

INCREASE NETWORKING

If you have not yet jumped on the LinkedIn bandwagon, you might consider diving in this year. Now more than ever, attorneys and paralegals are becoming very vocal about their practice areas and daily problems they face. The question becomes, how can you make a difference?

The first step is simple. Start growing your network. Connect with fellow paralegals and co-workers. Connect with former co-workers, clients and friends from high school and college. Take it a step further and connect with paralegals you

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EMERGING ISSUES

don’t know throughout the state or commonwealth in which you are located.

Looking to connect with other paralegals online? I would encourage you to check out the Perfectly Paralegal group, which can be found on both LinkedIn and Facebook. There are literally thousands of paralegals in this group and they are very vocal about discussing all things paralegal.

It can also be pretty entertaining at times.

It is definitely a wonderful group for networking! Thank you to Linda McGrath for creating such an awesome way to connect!

NOTE THAT UPDATING YOUR RESUME DOESN’T HAVE TO BE WHEN YOU ARE LOOKING FOR A NEW JOB Lastly, identify areas where you are strong or well versed. Do you have information or experience that might help others? I would encourage you to start writing an article about that particular topic. Do you have tips on billing hours? Keeping track of files? Answering discovery? Write an article! Share your wisdom! Other paralegals will genuinely appreciate your voice.

9)

UPDATE YOUR RESUME

Have you acquired a new skill? Received an award? Joined a board? Have your attorneys delegated more substantive legal work to you recently? Have you done work outside of your original job description?

Have you officially completed a training or obtained a new certification? This would be the perfect opportunity for you to update your resume. Note that updating your resume doesn’t have to be when you are looking for a new job. I would recommend keeping your resume updated and make sure you don’t forget to add any critical skills that might eventually land you the role you’ve been dreaming about.

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As technology grows, we do the same. We no longer need the Sunday paper to look at job ads. We can just pop online and check indeed or google and we will be inundated with opportunities. LinkedIn has quickly become a game changer in the resume world. Your LinkedIn page should basically be an interactive resume where a potential employer can learn more about you. While updating your paper resume, be sure to also update your LinkedIn profile as well.

I would also encourage you to let others review and critique your resume. If you are a paralegal, you likely know a ton of other paralegals and attorneys. Ask one of them to take a look at your resume and get their feedback. Their insight and observations could make all of the difference!

Finally, and on behalf of all HR managers out there, I would also like to add: Please spell check your resume. This is 100% the fastest way to never get a call back.

10) STAY POSITIVE It can be a challenge to stay positive with everything going on in our world, but we can change how we handle the news.

Start by focusing on the things that are in your control. Set some goals for yourself.

A sense of accomplishment can certainly help us have a more positive outlook.

Remember to celebrate the small wins and practice gratitude. Lastly, don’t forget to share the good news with others because they too can use some motivation and inspiration.

Whether you tackle one or all of the above new year’s resolutions, you will have taken steps to make some positive changes in your career and in your life. We hope that you have an amazing and prosperous 2022!

AMANDA MOSBAUGH is an OSBA certified paralegal from Cincinnati, Ohio (Go Bengals!!). She practiced as a litigation paralegal for 17 years before joining Trustpoint.One as a Director of Business Development in 2017. For the past 7 years, she has also served as Vice President and Director of Marketing & Events for the Cincinnati Paralegal Association. .

BERLINDA BERNARD, CP® Berlinda Bernard is a Certified Paralegal and founder of Quintessential Pillar Paralegal Consulting, LLC. Before starting her own business as a freelance paralegal and consultant, she spent 12 years using her education, skills, and professional experience to provide quality legal support to attorneys in law firms, corporate in-house departments, and government settings. She has worked in various areas of law, including labor and employment law and bankruptcy law. Berlinda has published several blog articles promoting professional growth for paralegals and educating lawyers about paralegals to help them work smarter. Berlinda is a member of several paralegal associations, where she continues to share her knowledge and insights.

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EMERGING ISSUES

Regulation Roundup

by Maren Schroeder, RP®, MnCP, Vanessa Laro, RP®, CRP, Britt Curtis, CP,

As we start 2022, it is important to share some huge strides in the world of paralegal regulation and non-lawyer practice from the past year. States are moving forward with non-lawyer practice in the interest of access to justice, and NFPA is hard at work advocating for our positions on non-lawyer practice. More details on these proposals, and others, are available on NFPA’s website under Positions & Issues → Regulation.

ARIZONA Arizona adopted Administrative Order No. 2020-174, which went into effect on January 1, 2021. This adopted the Legal Paraprofessional (“LP”) program in Arizo-

na. LPs have certain education and experience requirements, along with a two-part exam with core topics like legal terminology, substantive law, client communication, and ethics and a subject matter exam covering substantive law in specific areas that become an endorsement on the LP’s license.

LPs may practice in family law, limited jurisdiction civil cases, criminal cases where no jail time is involved, and state administrative law where the administrative agency allows. LPs are authorized to draft, sign, and file legal documents; provide advice, opinions, or recommendations about possible legal rights, remedies, defenses, options, or strategies; appear before a court or

tribunal on behalf of a party; and negotiate on behalf of a client in the areas or practice authorized by the law and the LP’s license and endorsement for that area of law.

According to the Arizona Supreme Court, “an overwhelming 80.3% of the public supported the proposal that was adopted as Legal Paraprofessionals.”1 CALIFORNIA The California Paraprofessional Program Working Group2 has developed specific recommendations for a legal paraprofessional, who is someone that will be a “licensed and regulated professional who can provide legal advice and representation within the authorized practice area in which they are licensed, with a designated scope of practice for each practice area... without attorney supervision.”3 California’s Working Group has recommended a number of areas for legal paraprofessionals to provide services, including collateral criminal, consumer debt/general civil, income maintenance, family, and housing. The California State Bar is currently gathering public comments on the proposal, which are due by January 12, 2022; NFPA submitted a comment in favor of the California proposal. Following the comment period, the Working Group may revise the program design, and the State Bar’s Board of

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EMERGING ISSUES Trustees will consider the final proposal in early 2022, which must then go to the California Supreme Court and the state Legislature for review and approval. 4 COLORADO The Colorado Supreme Court Advisory Committee established the Paraprofessionals and Legal Services (PALS) Subcommittee. Later, in 2020, the Advisory Committee and PALS Subcommittee enacted a program to allow licensed paraprofessionals to provide legal advice in certain domestic relations cases. The Committee and Subcommittee are working through the various aspects of their recommendation and hope to present the proposal to the Colorado Supreme Court in the near future.5 CONNECTICUT The Connecticut Bar Association (“CBA”) created a State of the Legal Profession Task Force, which was divided into various subcommittees. One of the subcommittees addressed Advancing the Legal Industry through Alternative Business Models. The subcommittee has submitted its report and it is under the review process with the CBA. FLORIDA The Florida Bar convened a Special Committee to Improve the Delivery of Legal Services, which issued its final report on June 28, 2021. The report included a recommendation for a pilot project to allow qualified Florida Registered Paralegals to provide limited services to certain clients of established legal organizations.6 MINNESOTA The Minnesota Supreme Court authorized the Legal Paraprofessional Pilot Project in late 2020, with an implementation date of March 1, 2021. The project is in full swing, with thirteen approved Legal Paraprofessionals. (Previous articles in the National Paralegal Reporter have detailed this program.) The Standing Committee for the Legal Paraprofessional Pilot Proj-

ect issued its interim report in December, making substantive recommendations for updates to the program, including adding protection orders to the scope of allowable work. The Minnesota Supreme Court opened a public comment period to run through February 28, 2022, and will issue an order making any approved changes in early spring.7 NFPA will submit a statement in support of expansion..

NEW HAMPSHIRE A bill to enact a pilot program for certain paraprofessionals to provide limited legal services was submitted to the Judiciary Committee of the State House of Representatives recently. The bill proposes that such paraprofessionals act under the supervision of an attorney and meet certain education and experience requirements.

The bill also proposes that represented people have an income of less than 300% of the federal poverty guidelines.

A hearing on the bill was held on January 26, 2022, where testimony was taken.

The Paralegal Association of New Hampshire submitted a statement to the Judiciary Committee urging the Committee to pass the bill and establish a commit3 tee to study the use of non-attorney legal professionals in the Family Division of the circuit court. NFPA also submitted a statement in support of the bill and suggested removing the income limit.

UTAH The Utah Supreme Court adopted a rule authorizing the Licensed Paralegal Practitioner (LPP) in November of 2018. The first classes were available in January 2019, and exams began in the spring of 2019. LPPs are authorized to perform certain direct-to-client services under Rule 14-802 of the Rules Governing the Utah State Bar in specific family law matters, forcible entry and detainer, and small claims court debt collection.9 WASHINGTON The Washington Limited License Legal Technician (LLLT) program was the first of its kind in the United States, allowing regulated practitioners to provide limited legal services in family law matters. On June 4, 2020, the Washington Supreme Court decided to sunset the program, citing high cost and low interest.10 The current “sunset” date is July 31, 2022, with some LLLT candidates in the education and exam process for their license. “Currently licensed LLLTs and any new LLLTs who meet the deadline to be licensed will continue to be licensed after the sunset.”11

MAREN SCHROEDER, RP®, MNCP, NFPA DIRECTOR OF POSITIONS & ISSUES

OREGON The Paraprofessional Licensing Implementation Committee has entered the public comment period on its recommendations for a program to license paraprofessionals to provide limited legal assistance to clients in family law and landlord/tenant cases. Recommendations include minimum education and experience requirements, evaluation of competence, and a character and fitness evaluation, along with an abidance of many of the same regulatory requirements as attorneys. NFPA submitted a statement in support of the proposal.8

VANESSA LARO, RP®, CRP, NFPA PARALEGAL REGULATION CO-COORDINATOR

BRITT CURTIS, CP, NFPA PARALEGAL REGULATION CO-COORDINATOR

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EMERGING ISSUES

REFERENCES

5.

https://www.coloradosupremecourt. us/AboutUs/Subcommittees.asp

6.

https://www-media.floridabar.org/ uploads/2021/06/FINAL-REPORTOF-THE-SPECIAL-COMMITTEETO-IMPROVE-THE-DELIVERYOF-LEGAL-SERVICES.pdf

1.

https://www.azcourts.gov/accesstolegalservices/Questions-and-Answers/ lp

2.

https://www.calbar.ca.gov/About-Us/ Who-We-Are/Committees/California-Paraprofessional-Program-Working-Group

7.

https://mncourts.gov/lppp

8.

https://paraprofessional.osbar.org

3.

https://www.calbar.ca.gov/paraprofessionals-FAQ

9.

https://www.utcourts.gov/legal/lpp/ index.html

4.

https://www.calbar.ca.gov/paraprofessionals-FAQ

10. https://aboutblaw.com/Ri8

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11. https://www.wsba.org/for-legal-professionals/join-the-legal-professionin-wa/become-a-legal-technician

NFPA EVENTS

NFPA Joint Conference 2022 submitted by the Joint Conference Committee NFPA’s Joint Conference Committee is excited to (finally) welcome you to Minneapolis, Minnesota May 19th through the 21st. For those unable to travel, conference programming will be available in a live, hybrid format.

Our host location is the University of St. Thomas School of Law for Thursday and Friday, and Saturday’s Leadership Conference will be held at the conference hotel, the DoubleTree, across the street from UST in downtown Minneapolis. You’ll be within walking distance of Nicollet Mall, several theaters, and First Avenue, the set and setting of Prince’s movie, Purple Rain.

Mid-May is the perfect time to visit Minnesota. Temperatures will be in the 60-70 degree range during the day, the trees and flowers in bloom, and only a slight chance of snow. Fun fact, the latest recorded snow in Minnesota was 1.5 inches June 4, 1935 in Mizpah, Minnesota, a tiny town in Koochiching County on the Canadian border.

On Friday, May 20th, NFPA will host a Prince-themed party at the Minnesota History Center in St. Paul. You’ll see the stunning views of the Minnesota State Capitol complex, explore museum galleries filled with Minnesota history, and check out some of the Prince memorabilia from MHC’s vaults. A huge thank you to Capitol Lien for partnering with NFPA to bring you this event!

CERTIFICATION CONFERENCE, THURSDAY, MAY 19TH

will also have a session on Diversity Equity and Inclusion (DE & I) as it relates to the issues we sometimes face when organizing study groups or helping applicants on their pathway to eligibility to sit for either the PCCE or PACE credential. As always it is a good exchange of ideas, and planning for your local programs to assist candidates achieve their certification goals!

REGULATION CONFERENCE, FRIDAY, MAY 20TH

LEADERSHIP CONFERENCE, SATURDAY, MAY 21ST Day three will be the Leadership Day on May 21. This year’s theme for Leadership Day is “Qualities that Make a Great Leader”.

We are planning sessions on Growth/Fixed Mindset, Qualities of Leadership, and Sybil Taylor Aytch, M.Ed., RP. will present on Characteristics of Inclusive Leadership.

The Paralegal Regulation team is excited to announce that the theme for the Regulation Conference on May 20th is “Access to Justice.” Various aspects of this topic will be explored by a diverse cast of speakers, including individuals from the Minnesota Legal Paraprofessional Pilot Project Standing Committee and current practitioners.

We will have a speaker from the University of Denver’s Institute for the Advancement of the American Legal System and a panel on effective advocacy featuring Minnesota State Senator Karla Bigham.

Watch NFPA’s website for updates on speakers and topics in the coming weeks.

The Leadership team looks forward to connecting with everyone in Minnesota.

Stay tuned to NFPA’s website for final agendas, registration, and details as the date approaches. NFPA will have its COVID plan posted prior to opening registration.

Watch for registration information online at https://www.paralegals.org/i4a/pages/index.cfm?pageid=3283. Hotel room reservations should be made by April 15.

The Certification Conference at the 2022 Joint Conference is in development. We plan to cover topics for seasoned Certification Ambassadors as well as those new to the post for their local association. We

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EMERGING ISSUES

Discrimination in Medical Care

By Jay M. Williams, TBLS-BCP

Probably a far too unreported statistic to the public is the constant regarding the availability of quality healthcare. People in socially disadvantaged groups face a myriad of challenges to their health.

Discrimination, based on group status such as gender, immigration generation, race/ethnicity, or religion, are a well-documented health challenge.

However, less is known about experiences of discrimination specifically within healthcare settings, and how it may act as a barrier to healthcare. Experiences of discrimination within the healthcare setting may present a barrier to healthcare for people that are socially disadvantaged due to gender, immigration, race/ethnicity, or religion.

Researchers and policymakers should consider barriers to healthcare that lie within the healthcare experience itself as potential intervention targets. People within minority or otherwise socially disadvantaged groups are confronted with a multilevel web of challenges that negatively impact their health and wellbeing, including access to screening and/ or treatment options, or unequal availability of cultural or linguistically knowledgeable and sensitive health personnel.

It also includes references to differences in healthcare or healthcare status among different racial and ethnic groups, whereas in

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the UK and European Union nations, it more frequently refers to differences associated with social class and socioeconomic status.

Among these numerous factors, research has increasingly focused on experiences of discrimination and how they may relate to individuals’ health. In addition to a direct influence on health via physiologic stress pathways, experiences of discrimination are also thought to influence health indirectly via behavioral responses.

Indeed, a meta-analysis reported a significant association between perceptions of discrimination and health-related behaviors such as diet, exercise, sleep, or substance use. However, one health-related behavior that has received comparatively less attention in its association with discrimination is the utilization of healthcare.

INDIVIDUALS WHO HAVE EXPERIENCED DISCRIMINATION IN THE PAST MAY BE MORE RELUCTANT TO SEEK HEALTH CARE Individuals who have experienced discrimination in the past may be more reluctant to seek health care, as they may perceive it as a setting of increased risk for discrimination (i.e., refusal of service or lower quality of care).

This may be especially true for those who have experienced discrimination within the health care setting itself. Prior work has hypothesized that experiences of discrim-

ination within the healthcare setting may have a negative effect on individuals’ trust in and satisfaction with the healthcare system, increasing the likelihood of delaying or foregoing seeking care. Further, individuals who interact with the healthcare system most often may, simply by greater exposure to the setting, be more likely to experience discrimination in healthcare, and consequently delay or forego future care.

The existing literature is limited by studies often focusing on a single dimension of social stratification (e.g., disparities in discrimination by race or gender). Research with large-scale nationally representative samples remains relatively rare, making the generalizability of findings to a population level more difficult. Further, the United States remains the site of most existing research on discrimination within healthcare and healthcare utilization, with a small number of studies outside the United States.

Finally, although some prior research has tackled the issue of statistical association between discrimination in healthcare settings and healthcare utilization, there is only one study (and none outside of the United States) that investigates the extent to which discrimination in healthcare can account for gaps in foregone care between groups.

The health status of disadvantaged and minority populations is a topic of increasing policy and scientific relevance for many

DIVERSITY, INCLUSION AND EQUITY

countries around the world. The study provides evidence that discrimination within healthcare settings may partially explain disparities in rates of foregone healthcare, contributing to the health inequalities observed across various disadvantaged groups. Researchers and policymakers who aim to improve the health of disadvantaged groups should be mindful that some barriers to healthcare for disadvantaged populations may lie in the experiences of healthcare itself, and those experiences are a potential place of action from which future policy and research can proceed.

HEALTHCARE DISCRIMINATION Federal law specifically protects individuals from many forms of discrimination in the provision of health care services.

For example, those who qualify for federal health insurance programs such as Medicare or Medicaid may not be the subject of discrimination based on gender, race, or national origin. These protections can extend to facilities providing services under government health programs such

as extended care facilities and hospitals.

They also influence who insurance companies may or may not decide to cover.

• Deny services or other benefits (including financial aid) otherwise provided by a given health care program;

TITLE VI OF THE CIVIL RIGHTS ACT OF 1964: OVERVIEW

• Provide a service or benefit that is inconsistent with what is offered to others in the program; and

Discrimination in the procurement of certain health care services based on an individual’s race, color, or national origin is strictly prohibited by Title VI of the Civil Rights Act. As with other federal anti-discrimination laws, this applies to health care programs that receive federal funding, such as Medicare and Medicaid.

This law is enforced by the Office for Civil Rights (OCR) within the U.S. Department of Health and Human Services (DHHS).

Other types of services that may be affected by the law include nursing homes, adoption agencies, day care centers, family health centers, and substance abuse treatment centers.

The law makes it illegal to take any of the following actions in a discriminatory manner:

• Segregate patients with respect to services, financial aid, or other benefits.

AGE DISCRIMINATION AND HEALTH CARE With the enactment of the Age Discrimination Act (ADA) of 1975, the federal government prohibited age-related discrimination by health care providers receiving funds from the DHHS. Unlike the Age Discrimination in Employment Act, which applies to those 40 and older, the ADA covers people of all ages. For example, an otherwise prime candidate for an organ transplant cannot be denied just because he or she is of an advanced age.

However, there are some instances where the ADA does not apply, such as when another federal, state, or local law:

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EMERGING ISSUES

experience with a provider over the last two years. Those bad experiences range from their provider not believing they were telling them the truth, to suggesting they were to blame for their health problems, to making assumptions about them without asking, to outright dismissing their concerns.

That cent

• Provides specific benefits to people based on their age; • Creates age-related criteria for participation in a given program; or • Uses age-related terms to describe intended beneficiaries of a treatment or procedure.

GENDER DISCRIMINATION AND OBAMACARE. The Affordable Care Act prohibits health insurers from charging different rates based on gender (or health status) on plans sold after 2014. For instance, two otherwise comparable health insurance beneficiaries must be charged roughly the same even if one of them is a woman and thus requires regular gynecological services. Similarly, woman of childbearing age cannot be charged more because they might get pregnant.

THE HEALTH SYSTEM APPEARS TO BE SELLING LGBT+ PEOPLE SHORT An issue that doesn’t get much attention, and the available data are limited, but what is known should be a wake-up call for the health professionals and health care institutions about the care provided to LGBT+ people.

The big number: over a third of LGBT+ people – those who are lesbian, gay, bisexual, transgender, or something else other than straight – say they have had a negative

14 N ATIONAL PARAL EG A L R EPO RT ER ®

compares with 22 perfor non-LGBT+ people.

At the same time, they have been hit harder by COVID in certain ways, including being more likely to have had to quit their job because of the pandemic.

More than half of LGBT+ people who report having problems paying medical bills in the past 12 months say it was at least in part because of the pandemic.

LGBT+ people need a health system that is responsive because they are more likely to be low income and have a chronic condition or disability.

THERE IS AN OBVIOUS NEED FOR MORE RESEARCH AND DATA TO SORT OUT WHAT IS BEHIND THESE WARNING SIGNALS ABOUT LGBT+ HEALTH CARE. Most LGBT+ people (72%) have a doctor or health care provider they see when they need care, mostly a family practitioner or an internist, just as non- LBGT+ folks do (78%). That means it is likely not where they seek care that is different, it is their providers who appear to be letting them down.

One good thing: LGBT+ people are more likely to discuss mental health and non-medical issues such as housing or transportation with doctors, likely reflecting their higher needs in these areas.

There is an obvious need for more research and data to sort out what is behind these warning signals about LGBT+ health care. But they are also a challenge to the health system to address problems in the provider-patient relationship

LGBT+ patients see that can be corrected without waiting for more research.

HOW DISCRIMINATION IMPACTS LGBTQ HEALTHCARE All people need medical care. Yet for LGBTQ individuals, basic and essential healthcare services can be difficult to access. What is LGBTQ health discrimination? Stigma, bias, and systemic inequalities in healthcare settings combine to hinder LGBTQ people from receiving the support and care every patient deserves.

Educating caregivers and the public on the challenges facing the LGBTQ community can make healthcare more equitable and inclusive for people of all sexes, sexual orientations, gender identities, and gender expressions.

LGBTQ HEALTH DISPARITIES: TRENDS AND STATISTICS To improve the safety and well-being of LGBTQ people, the healthcare system must recognize the unique challenges LGBTQ people face before and while seeking medical treatment.

LGBTQ POPULATIONS TEND TO BE AT-RISK According to the U.S. Office of Disease Prevention and Health Promotion, LGBTQ people face significant health challenges as a result of social stigma, discrimination, and violence.

STIGMA, BULLYING, AND FAMILY REJECTION In a heteronormative culture — a culture in which heterosexuality is the default and the norm — LGBTQ individuals often endure shame and stigma.

Biases against LGBTQ people from their family, religious community, work, and school affect their mental health and personal safety. LGBTQ youth are more likely to be bullied in school than other students. This has serious health re-

EMERGING ISSUES

percussions, as peer victimization is a leading cause of high-risk sexual behaviors in middle and high school students.

Additionally, disclosing one’s gender or sexual identity can cause significant interpersonal challenges at home when parents or guardians fail to accept and support their child, a fear I had as I encountered my high school years. Because of family rejection, LGBTQ youth are overrepresented in foster care and are more likely to become homeless than others their age. Tragically, LGBTQ youth are two to three times more likely to attempt suicide than their heterosexual peers.

DISCRIMINATION Discrimination against LGBTQ individuals has been associated with high rates of psychiatric disorders, substance abuse, and suicide. LGBTQ populations have the highest rates of drug use, including the use of tobacco and alcohol. Elderly LGBTQ people face additional barriers to health, especially because of isolation and a lack of culturally competent providers. Examples of discrimination that negatively affects the health of LGBTQ individuals include: • Legal discrimination in access to health insurance, employment, housing, adoption, and retirement benefits; • Financial barriers; • Lack of social programs that are inclusive for LGBTQ people of all ages; • Shortage of healthcare providers who are knowledgeable and culturally competent in LGBTQ health (which can discourage LGBTQ people from seeking care); and • Negative provider attitudes Furthermore, barriers to healthcare related to sexual and transgender stigma worsen when combined with systemic racism and xenophobia. LGBTQ people who are immigrants or have limited English proficiency are especial-

viduals. They have long-lasting effects.

According to the National Center for Transgender Equality, over 25% of transgender people have been victims of transphobic assault, and the percentage is even higher for trans women of color.

Medical providers must educate themselves about the pervasive violence that LGBTQ — especially transgender — people face, and offer culturally competent care.

DIVERSITY IN THE LGBTQ COMMUNITY ly vulnerable in the healthcare system.

Many individuals who need care forgo it out of fear and distrust of the system.

MEDICAL TRANSITION STRUGGLES The experience of living as a sexed and gendered being is clearly diverse. Yet babies are typically assigned a single sex at birth (male or female) by a healthcare professional. Then, according to societal norms, children are expected to fit neatly into a corresponding gender identity (boy or girl) and embrace the preferred activities and values that have been codified as “masculine” or “feminine.”

Transgender and gender nonconforming youth face particular mental health challenges as they reckon with this binary sex/gender system. Some, though not all, transgender people experience gender dysphoria (a feeling of distress that can occur when a person’s sex as assigned at birth does not align with their gender identity).

Many medical clinicians do not support transition services for transgender youth. Few insurance programs cover transition treatments, and transgender people are less likely to have health insurance than heterosexual people.

VIOLENCE Experiences of violence and victimization are frequent for LGBTQ indi-

LGBTQ people demonstrate resilience in the face of public health systems that were traditionally designed to exclude them.

LABELS AND LANGUAGE MATTER. TO SERVE ALL PEOPLE, HEALTHCARE PROFESSIONALS AND RESEARCHERS MUST CONTINUALLY EDUCATE THEMSELVES ON EMERGING UNDERSTANDINGS OF SEX, GENDER, AND SEXUALITY. THE ENTIRE RAINBOW . . . FOR GOOD REASON The LGBTQ community celebrates diversity. LGBTQ people encompass all races and ethnicities, social classes, and religions. For the healthcare system to serve all people, practitioners, clinicians, and researchers alike must start with acknowledging the diverse individuals and communities who comprise the population.

INCLUSION IS KEY The acronym “LGBTQ” is a useful (though sometimes limited) shorthand term for referring to a diverse and ever-evolving community. People of many sexes, genders, identities, and expressions have existed long before labels.

Labels and language matter. To serve all people, healthcare professionals and researchers must continually educate themselves on emerging understandings of sex,

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EMERGING ISSUES

gender, and sexuality. In the present day, that means including individuals whose gender identities, gender expressions, and sexual orientations are not directly referenced within the LGBTQ acronym.

For example, the LGBTQ community also includes: nonbinary people (individuals who identify as neither a man nor a woman), asexual and demisexual people (individuals who do not experience sexual attraction, or who experience sexual attraction only after persistent emotional bonding), and intersex people (individuals with a combination of male and female sex characteristics, such as chromosomes, hormones, or sex organs).

LEARN HOW TO BE AN ADVOCATE IN NURSING AND PUBLIC HEALTH LGBTQ people face numerous barriers to healthcare. Stigma and social shaming can deter LGBTQ people from seeking care. The scarcity of competent healthcare for LGBTQ people can discourage patients. And LGBTQ people face discrimination on a daily basis.

Further research and education on LGBTQ individuals’ health and experiences navigating the healthcare system can work to produce better outcomes for all patients.

HEALTHCARE RESEARCH MUST INCLUDE LGBTQ PEOPLE Medical research must be inclusive of LGBTQ people. Healthcare professionals need ongoing education about the challenges that the LGBTQ community faces today. Most national and state studies do not ask questions regarding sexual orientation and gender identity.

This makes understanding the number of LGBTQ individuals in the population and their specific health needs difficult.

16 NATIONAL PARAL EG A L R EPO RT ER ®

EDUCATING HEALTHCARE PROFESSIONALS ABOUT LGBTQ BARRIERS TO HEALTHCARE Healthcare should work for all patients, regardless of gender or identity. Homophobia and transphobia diminish health outcomes for LGBTQ people. With education and further research on vulnerable populations in healthcare, the dismantling of the structures of oppression that prevent some individuals from accessing the treatment and care they deserve can begin.

JAY M. WILLIAMS, TBLS-BCP is a freelance paralegal and owner of JMW Paralegal Services, LLC in Dallas, Texas.

He became a Board Certified Paralegal in Civil Trial Law in 2013 and Personal Injury Trial Law in 2015, and served on the TBLS Commission for Personal Injury Trial Law since 2017.

Jay has previously spoken on topics related to discovery in personal injury for the Institute of Paralegal Education (IPE) and has authored articles on a wide variety of topics for paralegals in Texas and nationwide. He has served in many capacities with the Dallas Area Paralegal Association, including President in 2008.

In July 2009, Jay was voted to fill the unexpired term as NFPA’s Vice President and Director of Profession Development.

He is also an active member of and served in leadership capacities with the Paralegal Division of the State Bar of Texas. Additionally, Jay is NFPA’s Corporate Partners

Coordinator and is a member of the Diversity, Equity, and Inclusion Committee. In 2021, he was appointed to serve as NFPA’s Marketing Coordinator and Chair of the Access to Justice Committee.

REFERENCES 1.

https://bmcpublichealth.biomedcentral.com/articles/10.1186/s12889019-8124-z

2.

https://bmcpublichealth.biomedcentral.com/articles/10.1186/s12889019-8124-z#ref-CR1

3.

https://bmcpublichealth.biomedcentral.com/articles/10.1186/s12889019-8124-z#ref-CR2

4.

https://bmcpublichealth.biomedcentral.com/articles/10.1186/s12889019-8124-z#ref-CR3

5.

https://bmcpublichealth.biomedcentral.com/articles/10.1186/s12889019-8124-z#ref-CR4

6.

https://bmcpublichealth.biomedcentral.com/articles/10.1186/s12889019-8124-z#ref-CR5

7.

https://bmcpublichealth.biomedcentral.com/articles/10.1186/s12889019-8124-z#ref-CR6

8.

https://bmcpublichealth.biomedcentral.com/articles/10.1186/s12889019-8124-z#ref-CR7

9.

https://bmcpublichealth.biomedcentral.com/articles/10.1186/s12889019-8124-z#ref-CR8

10. https://bmcpublichealth.biomedcentral.com/articles/10.1186/s12889019-8124-z#ref-CR9

EMERGING ISSUES 11. https://bmcpublichealth.biomedcentral.com/articles/10.1186/s12889019-8124-z#ref-CR10 12. https://bmcpublichealth.biomedcentral.com/articles/10.1186/s12889019-8124-z#ref-CR11 13. https://bmcpublichealth.biomedcentral.com/articles/10.1186/s12889019-8124-z#ref-CR12 14. https://bmcpublichealth.biomedcentral.com/articles/10.1186/s12889019-8124-z#ref-CR13 15. https://bmcpublichealth.biomedcentral.com/articles/10.1186/s12889019-8124-z#ref-CR18 16. https://bmcpublichealth.biomedcentral.com/articles/10.1186/s12889019-8124-z#ref-CR16 17. https://bmcpublichealth.biomedcentral.com/articles/10.1186/s12889019-8124-z#ref-CR52 18. https://bmcpublichealth.biomedcentral.com/articles/10.1186/s12889019-8124-z#ref-CR53 19. https://bmcpublichealth.biomedcentral.com/articles/10.1186/s12889019-8124-z#ref-CR54 20. https://www.findlaw.com/civilrights/ discrimination/health-care-discrimination.html 21. https://www.kff.org/health-reform/ perspective/the-health-system-appears-to-be-selling-lgbt-people-short/ 22. https://www.kff.org/report-section/ lgbt-peoples-health-and-experiences-accessing-care-report/ 23. https://www.stkate.edu/academics/ healthcare-degrees/lgbtq-health-discrimination

24. https://www.apa.org/monitor/2019/03/ce-corner 25. https://www.ncbi.nlm.nih.gov/pmc/ articles/PMC5333436/ 26. https://www.cdc.gov/healthyyouth/ disparities/health-disparities-amonglgbtq-youth.htm 27. https://theforum.sph.harvard.edu/ events/health-in-the-lgbtq-community/ 28. https://www.hrc.org/resources/ fatal-violence-against-the-transgender-and-gender-non-conforming-community-in-2021 29. https://www.hrw.org/report/2018/07/23/you-dont-wantsecond-best/anti-lgbt-discrimination-us-health-care#

The Reporter has long been a valued communication tool providing indepth, thoughtful articles of interest to the entire NFPA membership. You are encouraged to write on the following topics: • Professional Development • Work/Life Balance • Technology • How To – Tips and Tricks • Ethics • Diversity and Inclusion • Day in the Life of…

30. https://transequality.org/issues/anti-violence

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31. https://www.ncbi.nlm.nih.gov/books/ NBK64806/

Articles can be 750 to 1,000 words with appropriate images, charts, etc. Text submitted as a word document and images as high resolution .jpg or .pdf files. All material should be emailed to vpmkt@paralegals.org

32. https://nihcm.org/publications/ addressing-health-disparities-in-the-lgbtq-community 33. https://www.healthypeople. gov/2020/topics-objectives/topic/ lesbian-gay-bisexual-and-transgender-health 34. https://www.thetrevorproject.org/ get-involved/trevor-advocacy/health/

awards, pro-bono activity, etc.

NATIONAL PARALEGAL REPORTER DIRECTORY LISTING Perfect opportunity to keep your contact information in front of NFPA members all year long.

•

Up to 60 words, including contact information and logo.

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Directory is in print and on the NFPA website.

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EMERGING ISSUES

Contract Management and Negotiation A Delicious Recipe for Success

by Sean Heck

As a contract management professional, you must be able to cook up a deliciously low-friction contract negotiations process.

However, without a centralized and organized system for contract negotiations, you can end up burning the meal for all contract lifecycle management stakeholders at the table. But fear not: leading contract management software can be the secret ingredient to a savory, delectable contract negotiations process. Read on to learn how.

CONTRACT NEGOTIATION Contract negotiation is a crucial step in the contract lifecycle that involves document assembly, contract authoring, and contract collaboration with stakeholders. In the contract negotiation stage, contract parties and stakeholders negotiate the terms and conditions drafted during contract authoring. After back-and-forth contract collaboration and redlining, conditions agreed upon supply insight concerning the expectations of all involved contract parties.

Before you cook up a mouthwatering contract negotiations platter, let’s see what tools you have in your contract lifecycle management kitchen.

NEGOTIATION SOFTWARE TOOLS Negotiation software tools are contract management software features that assist you in finalizing the negotiation of a contract. These tools can include:

18 NATIONAL PARAL EG A L R EPO RT ER ®

• dynamic contract authoring.

• online document editing.

• comprehensive document collaboration and version control.

• contract content control and clause ownership.

• and a centralized contract collaboration portal.

Let’s dive into these crucial contract negotiations ingredients further.

INGREDIENT #1 - A DASH OF DYNAMIC CONTRACT AUTHORING Add a dash of dynamic contract authoring to your contract negotiations recipe!

Contract management software with dynamic contract authoring can help you author documents using templates to merge contract field data with clauses from your pre-approved language library. Including a clause library among your ingredients can help produce timely, compliant, and accurate documents and contracts for collaboration with internal users, vendors, and external stakeholders. Yum! You can also pre-approved clause libraries to pepper in document templates such as those used for FAR, DFAR, and GSA contracts – if applicable. You can also take care of CLIN (contract line item number) management and the inclusion of line items within contract templates. Contract

documents can also be exported as standard file formats such as MS Word and PDFs to add to your spicy CLM cabinet.

Robust contract management software solutions, such as CobbleStone Contract Insight®, allow you to stir in documents online in-system.

With

CobbleStone®,

you

can:

• create new documents straight from a user-friendly CobbleStone record information page.

• import new documents straight into a CobbleStone record information page.

• seamlessly edit existing documents straight from a CobbleStone record information page with essentially no friction.

You can also add two heaping tablespoons of mission-critical connectors for contract authoring. For example, CobbleStone Software supports connectors for concurrent online document editing within MS Office 365 and Google Workspace. You can leverage these savory connectors to collaborate with internal and external stakeholders concurrently online for a familiar collaboration and word processing experience.

INGREDIENT #2 - A CUP OF DOCUMENT COLLABORATION & VERSION CONTROL Add a cup of document collaboration and version control to your culinary contract

negotiations masterpiece! This ingredient adds big flavor if it stems from a system that offers an MS Word connector for centralized collaboration and version control as well.

Say, for instance, you download a document version of ABC agreement from that agreement’s contract field data details page within your contract management system.

You then reattach that document with changes you have performed and tracked.

In that case, user-friendly contract lifecycle management software can create an audit trail that improves control of the document - complete with version numbers.

Advanced solutions, such as CobbleStone Contract Insight, can offer a user-friendly file utility. Such a helpful tool makes it even easier for you to upload new versions of contract documents onto corresponding contract field data details pages.

Instead of wasting contract negotiations meal prep time downloading the most upto-date file versions from your system, saving them to your desktop, and reuploading them after making essential changes - you can simply upload new versions using the CobbleStone MS Word ribbon. You would be remiss not to add such a tangy tool to your contract negotiations recipe!

INGREDIENT #3 - A QUART OF CONTENT CONTROL & CLAUSE OWNERSHIP Your recipe needs its quota of contract content control and clause ownership to really get that contract negotiations ZEST going!

Luckily, leading contract management software supports content control for when a document is being authored. Your system can be configured so that if anybody changes a section or clause within a contract document, the clause owner can be notified. Clause ownership allows you to assign an owner to a specific contract clause.

If that assigned clause is drafted into a contract - and any stakeholder tries to edit that clause - your CLM system can add the owner of that clause or section to the contract approval process and prompt them to approve changes made to that clause. That way, resources are only added

into the contract negotiations process in the event that they are needed, according to a rules-based clause ownership procedure. Now you are really cheffin’ it up!

Your guests are getting hungry. Bring this all home with one final ingredient!

but they do not have access to core system features that they do not need. The document needed to interact with can be isolated so that these resources can quickly access that document and make necessary changes to approve it directly from the portal.

INGREDIENT #4 - FINISH IT OFF WITH CENTRALIZED COLLABORATION

With an online negotiations portal, contract negotiations between internal and external parties can be cooked up quick!

It’s time for the final contract negotiations recipe ingredient that separates the amateur cooks from the five-star chefs: a generous pinch of centralized contract negotiations collaboration!

Congrats! You have brought together scrumptious contract negotiations process ingredients. Now, all you need to do is mix them all together, put it in the oven, and...

This ingredient can bring streamlined external collaboration on negotiations between users, internal non-users, and external non-users. A great option, for example, is CobbleStone Software’s document collaboration portal. You can quickly set up a rules-based process for stakeholders involved that need to engage with a contract - such as employee users, employee non-users, and external contract parties and stakeholders.

Such a contract negotiation portal provides a very similar process to that of an internal contract management workflow for your system users. Assigned contract stakeholders can receive a notification to bring them to this negotiation portal.

Here, relevant contract documents can be accessed for contract review. This way, both external parties and those within your organization who are non-users can access critical documents relevant to the contract,

COOK UP CONTRACT NEGOTIATIONS SUCCESS WITH COBBLESTONE SOFTWARE! Pat yourself on the bat - you have brought together some of the best ingredients in the world of contract lifecycle management to create a truly delectable contract negotiations recipe. Now it’s time to enlist the only solution that lets you mix up all these ingredients and satisfy your famished guests. That contract lifecycle management software solution is CobbleStone Contract Insight.

SEAN HECK is Content Marketing Manager at CobbleStone Software, an advertiser in NFPA’s Vendor Directory.

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EMERGING ISSUES

Spycraft & Business Intelligence

By Dean Boerger, Private Investigator, Boerger Investigative Services, LLC

BUSINESS IS WAR! The White House estimates that the US Economy loses 100 Billion a year as a result of industrial espionage and theft of proprietary information.

Information and knowledge about the business environment and competitors can be the difference between success and failure. What are specific reasons why a company and/or foreign nation may need this information and knowledge?

ods to obtain information. Business or economic intelligence refers to legal methods. Corporate, industrial, or economic espionage refers to illegal methods.

What companies are at risk for corporate, industrial, or economic espionage?

EVERY COMPANY However, larger and more successful firms that have considerable investments in Research and Development (R & D) are at higher risk.

Companies and/or foreign nations try to obtain trade secrets to gain a competitive advantage or gain a greater market share. Companies and/or foreign nations may use information and intelligence to negatively influence the reputation or public perception of a company.

What are some ways an unauthorized person or group could obtain trade secrets or protected information of a company? Can you think of any recent or monumental examples? What are some signs that show you and/or your company had information compromised?

HACKING. Exploiting a computer system or network to gain unauthorized access to information. Considered one of the top methods and is rapidly increasing in popularity.

SOCIAL ENGINEERING. The tricking of a person into revealing their password or other valuable corporate information.

LEGAL VERSUS ILLEGAL METHODS.

• Shoulder Surfing • Password Guessing

Companies and/or foreign nations may use legal and/or illegal methESPIONAGE AGENTS Categories of agents, infiltrators, or hackers include: Insiders: Employees or persons who have legitimate reason to access facilities, networks, or data. Outsiders: Spies or agents from outside the company.

What people are the most likely to become agents? Why might they become agents?

Companies must be particularly aware of defectors, former employees, and disgruntled employees. Money, revenge, and/ or ego fuel both outsiders and insiders.

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METHODS OF ESPIONAGE

• Pretending to be someone else like maintenance, someone new, someone from another office out of town, etc.

AUDIO DEVICES Use of bugging, telephone tapping, and other methods to obtain information Examples of Audio Operations performed by professionals: • Trojan Horse • Quick Plant • Drilling Operations

EMERGING ISSUES

CASE STUDY “In May of 2015, two employees were accused of stealing trade secrets from two U.S tech companies named Avago and Skyworks. The attackers collaborated for years on how to obtain the data needed to stand up their own company in China to compete in the billion dollars a year business.

Avago is a leading designer of analog, digital and mixed signal and optoelectronics components and subsystems in the semiconductor space. Their products are used in many cells phones globally.

Skyworks Solutions was an innovator of high performance analog semiconductors.

OTHER METHODS • Dumper Diving/Garbage Pull • Use of Double Agents • Surveillance PREVENTING AND COUNTERING CORPORATE ESPIONAGE. Use of Corporate Intelligence. Monitor competitors closely to analyze their actions and determine if they may have access to or utilized another company’s trade secrets. Utilize intelligence to anticipate and stay ahead of the competitor’s actions and market fluctuations.

IDENTIFYING THREATS AND RISKS Conduct a risk assessment to: Identify and determine the worth of trade secrets and other valuable corporate information.

Determine potential adversaries, threats, and possible attacks. Detect security vulnerabilities and then minimize them.

Update and further develop both security policies and an incident response plan.

SECURITY PROCEDURES Control access to data and facilities on a need-to-know basis. Implement physical security systems and standards that are rigorous and deter intrusion. Secure company network and computer infrastructure through a multi-layered approach.

EMPLOYEES Conduct thorough background checks.

Educate employees on the security policies and procedures. Monitor employee behavior and activity through audits, software, and checkups. Create a proper termination procedure that requires the immediate return of property and ending of access to company resources.

OTHER MEASURES. Properly dispose of trash and materials.

Require visitors to be always escorted and workers to be strict about social engineering prevention measures. If you believe you are being bugged or tapped, avoid the vulnerable areas or items and consult a professional TSCM technician.

(Boerger Investigative Services, LLC)

The insiders received their Masters and PhD in 2006 from the University of Southern California where they were classmates, before going to work each at their respective companies for the next 3 years. Avago had spent some 50 million (USD) on R&D over a 20 year time period, investing in up to 14 technology solutions. Skyworks had up to 9 technology solutions, of which some had been sold to Avago in previous years.

The insiders applied a low and slow method of data exfiltration, slowly extracting data over the course of several years…” They extracted many trade secrets including recipes and product designs, project plans, testing reports, performance data, and much more.

SECURITY CONTROLS IN PLACE: Avago

Skyworks

NDA requirements

Physical restrictions (Badge access)

Annual training in confidentiality

Login banners

Physical restrictions (badge access)

Username / Password requirements

Security cameras

Folder level permission

Username/Password requirements

Restricted VPN access

Shared drive access restrictions

IP training / NDA requirements

Login banners

Exit interviews

Confidential labels Project code names Restrictions on Data presented externally

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EMERGING ISSUES

It is now time to put your detective skills to work! Knowing what happened, what did Avago and Skyworks do well in terms of security controls? What did they do not so well? Email your thoughts to us!

Disclaimer: This article is provided for informational purposes only and should not be taken as legal advice. You should always consult with a legal professional before taking any action.

DEAN BOERGER is the Chief Investigator for Boerger Investigative Services, LLC, “BIS” a licensed private investigation agency. BIS is licensed in Ohio, Indiana, West Virginia and Washington DC with national and global resources. Dean will be a speaker at the NFPA Annual Conference in Cleveland 2022. Contact him at dean@boergerpi.com or online at www.BoergerPI.com

REFERENCES: 1. “A Case of Corporate Espionage.”

Securonix.com, 10 July 2015, www.securonix.com/a-case-of-corporate-espionage/.

2. “How to Detect and Prevent Industrial Espionage.” Ekransystem.com, 8 Aug. 2019, www.ekransystem.com/en/blog/ prevent-industrial-espionage#:~:text=Usual%20targets%20of%20industrial%20espionage,products%20or%2 0products%20in%20development.

3. “Incident Response Planning Guideline for 2021.” Ekransystem.com, 13 Jan.

New Credential Holders CORE REGISTERED PARALEGAL (CRP) CERTIFIED FROM AUGUST 2021 MARCH 2022

Taylor Jaffe CRP

Chellie Anderson CRP Scarlett Angone CRP Anna Casey CRP Irene Castillo CRP Alexxis Chambers CRP Carley Davis CRP Kimberly Dawson CRP Jamel Favor CRP Katelyn Forrest CRP Karina Gomez CRP Jamison Graddick CRP Alexandra Harris CRP Joshua Henry CRP Breana Hernandez CRP Elyison Huddleston CRP Rosa Hurtado CRP Melinda Jackson CRP

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2021, www.ekransystem.com/en/blog/ incident-response-plan-tips.

4. Kaspersky Lab. “Least Cyber Safe Countries (Rank).” https://www.digitalinformationworld.com/, 2019, www. digitalinformationworld.com/2019/02/ global-cyber-security-ranking-find-out. html.

5. Robinson, Shawn W. “Corporate Espionage 101.” Giac.org, SANS Institute, 2005, www.giac.org/paper/gsec/1587/ corporate-espionage-101/102941.

6. Rustmann, F. W. CIA, Inc.: Espionage and the Craft of Business Intelligence.

Brassey’s, 2002. Senatore, Giancarlo, et al. “Distribution of Incidents Across Sectors.” Pwc.com, 2019, www.pwc. com/it/it/publications/docs/study-onthe-scale-and-Impact.pdf.

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EMERGING ISSUES

Case Law Alert: Can’t Decide on Search Terms in Discovery? Find an Expert

By Mike Hamilton, Vice President, E-Discovery

As more data is created and stored—and thus eligible for discovery—search techniques have become a breeding ground for disputes on which parameters best identify relevant information. McMaster v. Kohl’s Department Stores, Inc. furthers that conversation and emphasizes the need for cooperation and the importance of leveraging third-party experts to identify appropriate solutions.

OVERVIEW In this ADA case, the plaintiff motioned to compel discovery, but the two parties could not agree on the search terms the defendant would apply to the data collected during e-discovery.

The discovery dispute related to whether a custodian’s emails should be produced, and if so, what search terms should be included to decipher which documents should be collected. The specific search terms in dispute revolved around date ranges and keywords.

RULING • Court rules in part for the plaintiff.

The court ordered that the parties would have to employ an expert to assist them in identifying limited search terms if they could not come to agreement on their own.

• Cooperation a Key Part of the Ruling.

The judge quoted the Sedona Conference Cooperation Proclamation. “All stakeholders in the system — judges, lawyers, clients, and the general public — have an interest in establishing a culture of cooperation in the discovery process. Over-contentious discovery is a cost that has outstripped any advantage in the face of ESI and the data deluge.

It is not in anyone’s interest to waste resources on unnecessary disputes, and the legal system is strained by ‘gamesmanship’ or ‘hiding the ball,’ to no practical effect.”

• Court Acknowledged the Complexity of Keyword Search Terms.

Quoting a prior decision (albeit from 2008), the judge noted that identifying search terms to unearth relevant data was a tricky feat. “Given this complexity, for lawyers and judges to dare opine that a certain search term or terms would be more likely to produce information than the terms that were used is truly to go where angels fear to tread.”

EXPERT ANALYSIS FROM HON. ANDREW PECK (RET.), SENIOR COUNSEL, DLA PIPER Lawyers should not attempt to craft effective search terms in a vacuum. They must know the language used by the custodians whose files are being searched. Are their emails formal, or do they use lots of abbreviations and acronyms, and even gifs and emojis? How can the court decide which party’s suggested keywords are appropriate without data from testing of the proposed keywords? Counsel need to cooperate in the crafting and testing of keywords.

CASE LAW TIP Case Law Tip: Have questions on how the FRCP applies to e-discovery? Download this FRCP E-Discovery Quick Guide at https://www.exterro.com/resources/frcp-e-discover y-pdf-guide to get all your questions answered.

With a legal and business background, MIKE HAMILTON is experienced and passionate about creating thoughtful, out-of-thebox educational resources that help keep legal teams interested and on top of emerging need to know e-discovery issues.

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DEFINE YOU

Being an Air Force Paralegal

By Staff Sergeant Rachel Barr

I still remember the night I called the Air Force Recruiting hotline. I was in my car, sobbing, feeling like a miserable failure and wondering what I was doing with my life. A situation to which many who sign the dotted line can likely relate. There is no doubt that without the Air Force Reserve, I would not be where I am today.

I’ll briefly back up to about seven years ago. I was living in southern Minnesota working in the cattle breeding industry. I had dropped out of college to move out on my own, and to say it was a struggle would be an understatement.

Although I loved working with the farmers in that industry, I knew I had to go back to school. It was then I decided to pursue an associates degree in paralegal studies. (How I went from farming to the legal industry—that’s another story.)

Right before I was about to finish my paralegal degree, I realized how competitive the job market was, and how hard it would be for me to break into an industry to which I really had no connection. Enter—the United States Air Force Reserve.

My father is a retired Master Sergeant from the U.S. Air Force, my mother served as an Air Force avionics systems specialist, and my stepfather served time as an active-duty Air Force member as well as an Army National Guard member.

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Military service runs deep in my family, but I was not convinced it was for me right after high school. But after life put me through the ringer the first few years after I graduated from high school, I started to seriously think about what the military could do for me. Returning to that night I called the hotline—all I remember was that it was night time, and I was shocked they actually answered the phone. The person I spoke to gave me the name of a local recruiter in my area, and within a week I was in her office. Every thing that has happened to me since that night is, without a doubt, attributable to the United States Air Force.

I signed my contract on 1 October 2015. At first, I was afraid because I was still working on my paralegal degree, but the Reserve gave me the flexibility to choose when to leave for basic training. I was able to finish my degree, and not only that, but because of the education I had, I was able to sign my contract with a guaranteed position as a Paralegal in the Air Force JAG Corps.

Because I enlisted with the Reserve, I knew long before any of my active-duty counterparts what my job would be, where I would be going

for technical training, and how long tech school would last. Furthermore, I enlisted into a Traditional Reserve Unit. I already knew where I would be assigned, as do all Reserve and Air National Guard paralegals when they enlist. This gave me tremendous peace of mind throughout the process.

Technical training was held at the Air Force JAG School at Maxwell Air Force Base, Alabama. There, my class was able to work side-by-side at various times with attorneys, receiving instruction from them; we even got a chance to watch the attorneys do a mock trial demonstration.

DEFINE YOU

It was at that time that I realized I did not simply want to stay a paralegal; I wanted to go to law school. I had no lawyers in my family or extended family, and I had no idea where to start. But I did have lawyers I worked with side-by-side in my Reserve unit who helped guide me through the complicated process. I was also lucky enough to have another paralegal in my office who had applied and was accepted to law school. (Shout out to the 934th Airlift Wing, Minneapolis, Minnesota.)

To put it bluntly, the Reserve gave me so many opportunities, especially in my early career. But to this day, the most important thing the military gave me was not the money, benefits, or good temporary duty tours.

The military made me realize that it was possible for me to break free from a “traditional life.” Meaning, I did not just have to be a housewife for the rest of my life, and I was worth more than working as someone’s secretary or assistant in my “civilian life.”

in a base legal office—and not to mention full-time pay—set me up for success when I finally did get into law school. Not only was I equipped with the discipline necessary to be successful in my first year of law school, but I also had more well-developed substantive skills than my peers by virtue of having been an Air Force Paralegal for almost four years. All of the time spent on active duty also gave me G.I. Bill benefits, which I have been able to use toward tuition and fees, as well as living expenses.

I’ll end by echoing the same thing I said in the beginning. Without the Air Force Reserve, I would not be where I am at today. I am entering my third year of law school, with plans to apply as a JAG. And regardless of whether I go active duty, or choose another career path, I have the comfort of knowing I can boast on my resume that I am part of the elite few who volunteered to serve this country.

Whether you are looking for a way out or to simply be a part of something bigger than yourself, I urge you to pick up the phone and talk to a recruiter. Do something for yourself that’s all yours; something that no one can take from you. The Air Force changed my life, and with hard work and dedication, it will change yours.

STAFF SERGEANT RACHEL BARR is currently a paralegal in the United States Air Force Reserve assigned to Joint Base San Antonio-Fort Sam Houston where she specializes in Military Justice. She is also in her final semester of law school at St. Mary’s University School of Law in San Antonio, Texas and hopes to become an Air Force attorney upon completion.

In 2018, I took a tour of duty to Holloman Air Force Base, New Mexico, which changed the trajectory of my life. At that point, I had applied once to law school, but was not accepted. It was devastating, but looking back now, it was the best thing that could have possibly happened to me. I realized that although all of my family was in the Midwest, I needed to get out on my own and start over.

I returned to Holloman a second time, which was when I made the decision to move to New Mexico permanently. I was fortunate enough to be put on active-duty orders and served almost a year-and-ahalf in the base legal office at Holloman.

Though I had not gotten into law school the first go around, the extra year of experience

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DEFINE YOU

You, too, can be a Leader!

By Lori J. Boris, RP®, MnCP

One of my favorite stories about former President George W. Bush was when he was presenting the commencement address at Southern Methodist University, and to the group of graduates, he said, “To those of you who are graduating this afternoon with high honors, awards, and distinctions, I say, ‘Well done.’ And as I like to tell the C students, ‘You, too, can be president.’” Of course, he was referring to the fact that he, himself, struggled in college, yet actually rose to the top to spend two terms as President of the United States!

While G.W. Bush is not my favorite President, I do love that quote. First of all, I love it because it’s a funny, human, self-deprecating comment for the former leader of the free world to make to encourage that group of college graduates. But I also love it because it really is true! Like all of us, each of those graduates was facing the world worried about what kind of an impact they could make, and whether or not they had what it takes to succeed.

Bush not only encouraged them that success was possible - he proved it was possible, because he stood before them as someone who had reached the heights of ambition as POTUS, yet whose grades in college, to put it kindly, lacked luster.

One of my favorite things about the decades I have been involved as a leader in paralegal associations is when I’ve had the opportunity to mentor other leaders. It excites me to be able to look at someone who may not think they have what it takes to be a leader, identify qualities that I see in them

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that would make them good leaders, and help them to see it in themselves. I have some wonderful success stories of leaders I’ve mentored over the years, one of whom is currently serving on the NFPA Board as your Director of Positions and Issues.

ARE YOU THINKING OF BEING A LEADER IN YOUR LOCAL ASSOCIATION, OR EVEN IN THE NATIONAL ORGANIZATION? IF NOT, YOU SHOULD BE! Are you thinking of being a leader in your local association, or even in the national organization? If not, you should be! My history with the Minnesota Paralegal Association (MPA) and the NFPA found me in roles like MPA President for three terms, NFPA Primary for two, NFPA Director of Positions for four years, and even NFPA President for part of a year before I had to step down for health reasons.

During my decades in leadership, I have come to understand some qualities that make excellent leaders. I’m sure all of you can identify some of these qualities within yourselves, and I hope that it inspires YOU to step forward and be a leader, as well!

VISION. Good leaders must have vision to lead.

The definition of vision referred to here is Google’s definition of “vision in business”: “A vision is a vivid mental image of what you want your business to be at some point in the future, based on your goals and aspirations.” (Emphasis added.) As this relates to our paralegal associations, both

at the local and national levels, I would take that definition one step further. As members of these paralegal associations, we also must have a vivid mental image not only of what we want our ASSOCIATIONS to be – but also of what we want our PROFESSION to be. That’s the reason that we become involved in these associations. We gather not only because it’s fun (even though it is). We come together as members of paralegal associations to support and moreover, to promote the paralegal profession – OUR profession.

You saw this happen recently when at the request of NFPA, the American Bar Association decided to reevaluate and revise its definition of a paralegal. That change came about because some NFPA leaders had vision. NFPA’s vision actually had a hand in changing the definition of a paralegal. I’m still amazed by that, but that’s the true power of vision.

IDEAS AND SOLUTIONS DRIVEN. If you’re like me, there’s nothing better than a good brainstorming session with people throwing out ideas and coming up with new and creative ways to tackle old problems, or hatching brand new ideas that have never been imagined previously. I’m a true fan of the old adages: “Where there’s a will, there’s a way” and “necessity is the mother of invention.” It doesn’t work one way? Find another way!

Humans have an amazing ability to create and imagine, and coming up with new and/or better ideas is what has spurred hu-

man progress through the centuries. Good leaders bring that ability to their leadership roles, and they realize that things don’t always have to be done “the way we’ve always done it.” Chances are, there are better ways to do things, and good leaders will be the ones to imagine them, support them, and bring them to fruition.

HEART OF A SERVANT. Good leaders realize that they are not in leadership positions for power. Great leaders are in their positions to serve the members. Members vote for their leaders and put them in positions of responsibility to take good care of the business of the association. The best leaders approach their positions humbly and realize that they are there as a servant to the association and to the membership.

Obviously, the above list is not long, but these are some of the qualities that I, personally, have come to recognize as those that make some of the best leaders. Each of these three qualities could apply to any leadership position in a paralegal association, although certainly, each role requires its own sets of talents and/or interest – the Treasurer, for example, requires a keen understanding of financial principles and accounting procedures.

(This is why I have never been a treasurer!)

The Secretary must be extremely detail-oriented and keep everybody in line, as well as have the ability to take in-depth notes and create minutes for every meeting.

A Certification Director must have a passion for and a keen understanding of the complex issues surrounding paralegal certification and be able to move those processes forward.

Each of us has different interests, abilities and attributes, that is a given - but know this: each of us – each of YOU – has the ability to be a leader.

LORI BORIS® is a litigation paralegal with nearly 25 years of experience. She’s currently at the law firm of Nilan Johnson Lewis PA in Minneapolis, Minnesota, working in the areas of Product Liability, ERISA/Insurance Law, Commercial Litigation and Employment law. Lori has been a leader in the Minnesota Paralegal Association (MPA) and the NFPA, serving as NFPA’s Director of Positions and Issues for 2016-2020 and President for a partial term in 2020-2021.

I challenge you to look within yourself, even if you think you are not “leader material,” to find that spark, that ambition, and to step up to be a leader in your local association or even the national.

Look around you at your fellow members and recognize the leadership potential in them and encourage them, as well.

And maybe you – yes YOU – can someday be a leader in the NFPA!

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DEFINE YOU

Authenticity & Candor Say What You Mean

by Aaron B. Bath, CEDS, RP® In October of 2021, I was tasked with giving a presentation at the NFPA’s National Convention on the topic of local association leadership as I was President of the Dallas Area Paralegal Association (DAPA) at the time. My goal was to convey important and actionable lessons I’ve learned and adopted in the areas of diversity considerations and effective communication during my time working in high-level legal management; both of which are paramount to success.

This article is a summary of that communication section to address the inauthentic communication that is rampant within our profession, and developed into one of my top pet-peeves both professionally and personally.

Raise your hand if you have had one of these phrases recited to you: • “If you can’t say anything nice, don’t say anything at all.”

• “There’s no such thing as a bad idea.”

• “Just be positive”, or “let’s focus on being positive”, or “positive vibes only” or some other variation of meaningless noise.

WHAT ABOUT FEEDBACK AND CRITICISM? What about feedback and criticism?

Both are essential to making progress and developing as a skilled legal professional and human being in general.

And YES there is such a thing as a bad idea. I know because I have both had them and heard them. When someone ratio-

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nalizes an action by saying “this is how we have always done it” or “this is our policy”, those are not good responses. It is ok and reasonable to expect more than that from the people you work or interact with.

Another one is the stern expectation to always “be professional”. Or in other words, leave your humanity and personality at home (which just so happens to be the very best part of yourself).

Why would you not bring your personality, your style, and your authentic self to the table when communicating with others? We are not robots.

Of course you don’t want to streak naked through your office or blurt cuss words during a meeting; we don’t need to be told that. But the constant messaging and expectation to act a specific way devoid of what makes you unique is counterproductive to growth, development, and the formation of meaningful professional relationships.

EMERGING ISSUES

My wife often asks me if the people I work with know how ridiculous I am when I’m being silly at home. Yes. They do. In fact, I attribute them knowing who I am as an authentic human being, including my big personality, quirks, and eccentricities, as an integral part of my career success and long lasting supportive professional friendships.

There is this very strange culture of toxic positivity that many of us have been exposed to growing up that absolutely cripples our ability to effectively and authentically communicate with others.

We focus on being nice, not honest. At least not to someone’s face. How do we fix this? What are the right things to say?

HOW DO WE FIX THIS? WHAT ARE THE RIGHT THINGS TO SAY? Many of the ideas I’m discussing in this article are not my own. They come from a book called Radical Candor written by Kim Scott. Kim worked as a senior executive at Google overseeing YouTube and AdSense, and has worked as a CEO coach at Twitter and Dropbox, among other roles.

At its core, this book promotes thinking of communication along these two axes. The X axis is to challenge directly, with silence being on the other end of the spectrum. The y axis is to care personally. The ideal quadrant from which to communicate is when you care personally AND challenge someone directly. The author calls this Radical Candor.

Let me give you an example: I once had to give a presentation to the Department of Justice explaining how our law firm was able to find and prove an involved party was hiding electronic evidence. My managing partner, who I had a very close mentoring relationship with, told me afterwards that I said “um” too often. I shrugged it off and changed the topic. He stopped me, looked me square in the eyes, and said to me: I CAN TELL THAT DID NOT SINK IN, AND I NEED YOU TO HEAR ME AND TAKE THIS SERIOUSLY AS YOU REPRESENT MY LAW FIRM. WHEN YOU SAY “UM” TOO MUCH, IT MAKES YOU SOUND DUMB AND UNPREPARED. AND I KNOW YOU ARE NOT. WILL YOU ALLOW ME TO INTRODUCE YOU TO A SPEAKING COACH TO HELP YOU CORRECT THAT? I was gutted. How humiliating! But ultimately I worked with the speaking coach and no longer say “um” when I present or speak publicly.

That partner’s directness made me a better speaker, and now I’m perfectly at home as a board member or President of a paralegal association, law professor, and global Director of a Fortune 100 company. His direct challenge helped me.

The reason this partner was able to say this, and I was able to take it constructively, was because I knew he cared for me personally.

We had established a trusting relationship.

Because of that, I corrected the problem and am a better speaker today as a result.

But what happens when someone challenges you directly but fails to care personally?

The book calls them Obnoxious Aggressors. I call them jerks. Working in the legal field, we all know this type well. Don’t we?

Most people unfortunately fall into the quadrant of what the book labels as Ruinous Empathy. This is when someone cares personally about the other person, but never takes the risk of challenging them directly or telling them how they really feel. This is a common and clear result of that toxic positivity training so many of us have received our entire lives.

As an example, I’ll share a story from around mid-career just before I moved in-house. I was working for a prestigious litigation firm in New York and managed a smaller team of 10 or so paralegals.

One paralegal, a woman in her 50s, had challenges with technology. She was always asking others for help with software and scanning documents. She would often complain that she felt she was letting down the team by not being better with technology, and I would comfort her by saying something kind and positive.

The associates on her cases complained to me behind her back and I’d nod in agreement. One day the managing partner told me I had to fire her and explain that her technology skills were not up to par. As I sat there in my office and delivered the news, she erupted into tears. She looked at me angrily and said…”why didn’t you say anything?”, and “I had no idea my job was

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DEFINE YOU

in jeopardy.” I had let down a colleague that I genuinely cared about and learned a hard but valuable lesson about the cause and effect of authentic communication. That’s Ruinous Empathy - don’t let it happen to you.

If you have not practiced delivering criticism, feedback, or praise, it can be an awkward experience at first. Sometimes it helps to use an acronym to remember a best practice. Try this one: Radical Candor is HHIPPP (pronounced as “hip”). Feedback should be ...

• Humble • Helpful • Immediate • Private (if criticism) • Public (if praise) • Don’t personalize, or don’t make it about the person (e.g. the work product is bad, not the person).

I’m now going to say something controversial. One of the worst pieces of “communication” advice I hear often is called the sandwich method. You know the one: say something nice, followed by the criticism, then say something nice again.

PRO TIP: People know what doing. People are smart. We code this complicated plot us into doing better - I

you are can deto trick promise.

If you have to trick someone into receiving feedback by insincerely complimenting them first, they do not trust you. You do not have an authentic relationship that can support direct constructive feedback. Work on developing the relationship first, rather than trying to form an awkward word sandwich.

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Ironically, I have heard the sandwich method offered up as a best practice at numerous paralegal events as part of communication CLEs, often given by people that have never been in managerial or leadership positions themselves. But following this contrived formulaic advice is centering your own personal comfort over the other person’s progress. It does not help the person you are addressing, and does nothing to build or develop an authentic relationship that includes trust and mutual respect.

Lastly, I’ll state that not everyone is open to or receptive to this communication approach/style. That’s ok. Some people get and stay defensive and never take the mutual risk of responding honestly, candidly, and saying what they really feel, … or maybe they rightfully don’t feel safe doing so based on power dynamics and positionality.

They may be unable to reciprocate for reasons beyond your control. Although it is human nature to want everyone to like you, at the end of the day what would happen if they don’t? Trying to control someone else’s reactions and emotions is always a losing battle that rarely ends well, but you can always control your own... and seek out others that share your goals.

With that I’ll leave you with controversial thought number 2: If someone is unable to speak honestly about their feelings, ideas, viewpoints, and ideologies; or in the alternative, if they are unable to constructively receive yours when you step out on the ledge to be honest/ authentic with them - are they really someone you want to work for you, work with, be on your team, or be in your life?

BE AUTHENTIC. SAY WHAT YOU MEAN. BE WILLING TO BE HONEST. PUT WORK INTO THE RELATIONSHIP.

AARON B. BATH, CEDS, RP®, Aaron is the Global Director of Litigation & Legal Operations for Balfour Beatty, a $14 Billion marketcap multinational infrastructure group.

Contemporaneous to his day job, Aaron is an adjunct professor of legal technology, eDiscovery, and litigation management at Southern Methodist University in Dallas, TX. Aaron served as President of the Dallas Area Paralegal Association (DAPA) in 2021 and previously served on the national Board of Directors for the Association of Certified eDiscovery Specialists (ACEDS) as VP of Education.

DEFINE YOU

It Ain’t Easy Being a Paralegal

by Pamela Starr

Being a paralegal is challenging –no matter what area of law you’re in. We are the holders of knowledge and guardians of the gate with mystical abilities, many times undervalued and underpaid.

Whether traditional paralegals or freelance/virtual/contract paralegals, we know every day will have its “Srsly?!” moments.

I submit the following for your consideration: THE DISCLAIMER IS THERE FOR A REASON It had been a quiet afternoon and I was catching up on admin and drudge work.

YOU’VE GOT MAIL! The subject line referred to an upcoming hearing in bankruptcy court. Yay, my forte!

Ms. Starr: I really enjoyed your web site, truly texan. It conveyed that you are good at what you do and there is no doubt that you speak your mind.

Not to waste your time, I am NOT an attorney. I am a small [businessman]. I am asking for your recommendation.

Can you recommend a paralegal that could attend a bankruptcy Hearing being held --- Thursday --- [in] Houston Texas (see attached)? (The attachment was a Chapter 11 341 Notice) The execution of a Settlement with the Debtor is possible. The person would need to be a notary.

Also would like to know what the anticipated charge for their services will be.

OH! THE HUMANITY! I wanted to speak my mind; hit him with both barrels. Instead, I shared the redacted email on Facebook.

My high school crush posted: “I fixed the error. The author wrote ‘texan.’ Who doesn’t know that ‘Texan’ is always capitalized??”

One of my bankruptcy attorney colleagues quipped sarcastically: “I also like the part where he wants the person practicing UPL to attempt to collect on a debt by “settling” it, because that’s not a stay violation.”

I crafted and sent my response: “I’m flattered you like my site and my style. I am good at what I do, which is why I recommend you hire an attorney. You need one – especially in a Chapter 11. Paralegals are not permitted to work for non-attorneys – even in Texas.

It would be unethical for me to suggest another paralegal provide services that fall under the umbrella of practicing law. Even if a freelance paralegal were to attend the Meeting of Creditors ‘on your behalf,’ (s) he would only be allowed to report what was said – not answer questions or interpret the facts and, most definitely, not permitted to ‘represent your interests’ regarding a settlement.”

‘NUF SAID? RIGHT?

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DEFINE YOU WRONG! He emailed and left a voicemail.

I checked the voicemail transcription (useless). I listened to the message. Then I listened to it again. And again. And again.

Here’s the redacted transcription: “… you know I think I have a solution um the person that you recommend could just work for the ----law firm for ----- he’s an attorney so you can just send the bill to the ---law firm and uhm you know uhm that way it gets by the idiosyncrasy that you um mention, but basically we don’t need any representation or anything we just need somebody to just go there, be there and pick up any paperwork that needs to be picked up or you know um and if there’s anything … because they’ll be a report that the court will give as to you know what happened but we just want somebody there just to pick up stuff or to be there and report back you know exactly what happened and not technical law to make any representation on our behalf so anyway thought you’d work for the ---- law firm or whomever you’d recommend and I I think I sent you an email that person’s address thank you very much thank you very much…”

And the somewhat less offensive (also redacted) email: I have lost a great deal of money to the person who is declaring bankruptcy. I made my money and try to spend it wisely. I do not need an attorney for this matter on Thursday.

All I need is for a person to report back and pick up any related paperwork the court hands out. And possibly witness the execution of a document(s).

I have an attorney with ----- Law Firm here in ----- that is advising me. The ----- firm is one of the oldest most respected firms in ---.

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Allow me to redirect your attention to the voicemail: ‘UHM THAT WAY IT GETS BY THE IDIOSYNCRASY THAT YOU UHM MENTION’ IDIOSYNCRASY??????!!!!!! To borrow from Inigo Montoya: I do not think it means what he thinks it means.

An end run around the law with complete disregard for everything I stand for ... INCONCEIVABLE! So many potential ethical violations … I tell myself to keep the response plain and concise. It wasn’t easy.

If you’ve read anything I’ve written or about me, you know 1) I won’t budge on this issue – it’s not an idiosyncrasy, it’s the law; and 2) there is no ‘work around’ in which I allow an individual to hire StarrParalegals but bill a law firm for my time.

If ---- is a bankruptcy attorney licensed to practice in the Southern District of Texas bankruptcy court and wishes to discuss the possibility of the ---- firm hiring my company, he can call me to discuss. Otherwise, this conversation is over.

It took him 2 hours to reply with his perceived loophole: Please know that I carefully read what you wrote, which was, “If a freelance paralegal were to attend the Meeting of Creditors ‘on your behalf,’ (s)he would only be allowed to report what was said.”

Sending a report and picking up any hands out is all that is being asked of the paralegal. I can have a Wells Fargo bank teller witness and notarize a signature if needed.

Your involvement, or the name of a respected associate would be appreciated.

What part of “conversation over” is so difficult to understand??

You read the words but misinterpreted the intent. I chose “if ” and “were” to convey the unlikelihood of such event ever taking place.

I repeat, it would be unethical for me or any paralegal to provide services that fall under the umbrella of practicing law. It is not my job to educate you or your ‘advising attorney’ in the nuances of UPL. I will not involve my company in this matter, nor will I ‘refer you to a respected associate.’

End of discussion.

THE INTERNET WILL EAT YOUR EMAIL A call came in from a non-attorney who claimed he was helping ‘his’ attorney find someone to e-file appellate pleadings. I told him I could do that for the attorney.

The conversation quickly devolved, and I found myself in the Twilight Zone: • The attorney withdrew from the case because he did not have the capacity to e-file.

• ‘We’ need to hire you to e-file for the attorney because ‘we’ don’t have access to email • I think he has a computer.

• ‘We’ want you to receive the notices and call the attorney to tell him what to do next.

No email in the 21st century? It couldn’t be true. I asked; he explained why he/they didn’t have an email account: • “The Internet will eat your email if you don’t use the account regularly and my email account is gone.”

• “No. I don’t actually remember my email address.”

I reiterated that I would need to speak directly to the attorney to discuss my contract and the case. The caller said he’d get back to me. That’s when the crazy got crazier –

DEFINE YOU The Internet challenged non-attorney called back claiming to have a letter from ‘his attorney’ authorizing me to be the paralegal on the case and giving me permission to take direction directly from the client.

‘Sir, that’s not how it works. Your attorney needs to contact me; we’ll discuss his needs; I’ll draft my contract and he will execute and return it.’

Caller: ‘Well, how does your contract differ from this letter?’

‘Aside from the fact that it isn’t a contract, and it is written to circumvent the requirement that any work I do must be supervised by an attorney, well, pretty much everything.’

Caller: ‘Then you need to MAIL me a copy of your contract so I can review the terms to see if I approve them.’

‘No sir, that isn’t how it works.’

Caller: ‘Well, yes, it is – I will be hiring you and the attorney, and I will be paying you directly.’

COMMENCE HEAD BANGING ‘No sir, you hire the attorney who will then subcontract to me. The attorney will direct my involvement in the case. I will bill him for my time, and he will include that in his bill to you.

I will not accept payment from you.’

Caller: ‘But I’m the one hiring you.’

‘No. You don’t seem to understand the dynamic. And I’m still baffled that the attorney ‘doesn’t have access to the Internet.’’

Caller: ‘Why should he? That’s why I want to hire you. You will e-file and according to the guidelines from the court, you will be cc’d on all emails. When those emails come in, you need to call the attorney and tell him that something has come in and MAIL him a copy.’

‘Sir, it doesn’t work that way. The e-filing account must be created using the ATTORNEY’S email address and bar number. He will be receiving the same email that I receive as a cc. The bar number and registration serve as his signature on the filings.’

Caller: ‘Fine, I will get you his bar number and you can create the account.’

‘You really don’t understand how this works, do you? The attorney MUST have his own, LEGITIMATE email account. There is no universe in which I will create an email address for your attorney@mycompanyname.com. For any of this to work, your attorney must have an active email account and Internet access.’

Caller: ‘Why would we need YOU then? If the attorney is going to do the work …’

PAGING ROD SERLING ‘Let me try to explain this again from my perspective – I work for attorneys. Period. An attorney must execute my contract before I will do any work for him/her on any project. The attorney tells me what needs to be done and I do it. For your purposes, you need someone who knows how to e-file. The attorney will draft and sign the pleading and email it to me.

I will vet the pleading for formatting and confirm it has all the pages and attachments; then I will log into the system – using the attorney’s login information – and e-file the document(s). Once filed, I’ll download the e-filing confirmation and filestamped copy and email them to the attorney.’

Caller: ‘Why can’t you just MAIL it to him??’

‘BECAUSE THE MOST BASIC REQUIREMENT FOR ANY OF THIS TO WORK IS THAT THE ATTORNEY HAS INTERNET ACCESS AND AN EMAIL ADDRESS.’ Caller: ‘I don’t understand why you find this so objectionable. How hard is it for you to call the attorney and tell him that something was filed and then MAIL him a copy??’

LAWD, HELP ME! THE LUMP ON MY HEAD IS EGG-SIZE ‘Well, let’s see – you are trying to put me in a position where I am working for you, not the attorney. At the very least, it is an ethical conundrum for me. I’m not a lawyer – ‘ Caller: ‘I know that.’ ‘<sigh> I’m not a lawyer, I do not practice law, nor do I work for non-attorneys. To do so puts my entire career in jeopardy. Furthermore, it is impossible for me to wrap my head around the concept of an attorney without Internet access or an email address.’

Caller: ‘But the court says that in recommends that a paralegal or secretary be cc’d – ‘ ‘Do you understand what a ‘cc’ is?’

Caller: ‘Yes, a carbon copy. You receive the email, call the attorney, print and mail him a copy.’

THE LUMP ON MY HEAD IS THE SIZE OF A POMEGRANATE. ‘No. The attorney will receive the SAME EMAIL with the same attachment. It is up to him to monitor his email account and be responsible for the case.’

Caller: ‘Again, I ask, why would we need you if he is expected to do all the work?’

DID I SAY POMEGRANATE? CANTALOUPE . .

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DEFINE YOU

‘Because it’s his job to practice law and represent you. I don’t understand why you want to waste time and incur the added expense of my time to open and print a document that he will have received as the primary on the e-filing account and then MAIL it to him for review. This is a paperless system. The only reason the court recommends a cc is if there is a technical failure or the attorney is out of the office for a prolonged period of time.’

Caller: ‘Well, he is out of the office all the time and he would need you to call him to tell him about the email and take care of everything.’

MALPRACTICE ANYONE? UPL? ‘It really doesn’t work that way. He needs to have an email account that he monitors.

He is the responsible party . . . not me.’

Caller: ‘So I guess I need to meet with him tomorrow and have him contact you to see if this will even work.’

‘That would be the best place to start.’

Caller: ‘How do we get a copy of your contract?’

‘I’ll draft it AFTER I speak with the attorney and email it to him to review and execute.’ <You know where this is going now, right?> Caller: ‘Why can’t you just MAIL it to me??’

SO, HOW WAS YOUR DAY?

PAMELA J. STARR, CBA, J.S.M. MATD is a paralegal, writer, blogger, speaker, mentor, instructor, and the owner and paralegal extraordinaire of StarrParalegals, LLC where she’s been helping lawyers lawyer better since 2008. She’s a certificated and certified paralegal with a Master of Science of Law (2012) and a Master of Arts in Training & Development (2016).

When she’s not running her empire, Starr serves as NFPA’s Ethics Board Chair and Co-Chair of the Ad Hoc Committee for a Position Statement on UPL & Rogue Paralegals, trains the next generation of paralegals as an Adjunct Professor of Paralegal Studies at Yavapai College (AZ; online), blogs as her alter-ego Pamela the Paralegal, and provides Career Mitigation© services to transitioning professionals at Sessions with a Starr.

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NFPA EVENTS

2022 Annual Convention & Policy Meeting - Paralegals in the “Land”

by Jessica Kubiak, RP® OSBA Certified, Becky Kerstetter, OSBA Certfied and Cristina Vacar The Cleveland Association of Paralegals, Inc. is excited to welcome all attendees of the 2022 National Federation of Paralegal Associations, Inc. Annual Convention to the wonderful City of Cleveland, Ohio.

The convention committee has been hard at work to ensure that we put on a great conference for all in attendance.

FRIDAY, SEPTEMBER 16 On Friday we will be holding Region Meetings and will be welcoming our Keynote Speaker - Ohio Supreme Court Justice Michael Donnelly. When the sun goes down, we invite you to join us at the Music Box Supper Club on the beautiful banks of Cleveland’s Cuyahoga River to enjoy some food, drink and entertainment as well as take in the stunning panoramic Cleveland views.

WEDNESDAY, SEPTEMBER 14 Join us on Wednesday for a Welcome Reception at the Cleveland Metropolitan Bar Association to kick off convention and network, mix and mingle with friends old and new.

THURSDAY, SEPTEMBER 15 Thursday we will be holding an exciting lineup of CLE tracks that are sure to cover all you need to know with what is new and upcoming in the legal field. Stay tuned for more details and to view the full lineup of our dynamic presenters!

SATURDAY, SEPTEMBER 17 & SUNDAY, SEPTEMBER 18.

And finally on Saturday and Sunday it is down to business as NFPA conducts its Annual Policy Meeting to discuss policy, elect and install the 2022 NFPA Board of Directors.

But it doesn’t end there. Come a few days early or stay a few days late, we hope that

you are able to take the time to explore our City. The late summer weather is warm with beautiful fall foliage just around the corner. There is plenty for everyone to do in this vibrant City whether you love exploring the great outdoors or prefer to venture to the many museums, restaurants and sights this City has to offer.

From the bottom of Lakeside Avenue to top of Prospect Avenue, Cleveland boasts four professional sports teams. The Cleveland Cavaliers basketball and Cleveland Monsters hockey seasons may not have started when you are here to visit, but you can catch a baseball game with the newly renamed Cleveland Guardians at Progressive Field. If there is a Cleveland Browns game, you will see the streets of Cleveland lined with the dedicated Browns fans in their gear tailgating, socializing and heading to FirstEnergy Stadium chanting, “here we go Brownies here we go!”

If you are a foody, you will not want to miss the bustling food scene on East 4th Street. Cleveland has an eclectic food scene. You can find restaurants from fine dining to casual fun food experiences.

Tacos, barbeque, pho, mac n cheese, pierogis, there is something for everyone.

A short Uber ride from Downtown, you will find Little Italy which offers delicious baked goods, fine wine and more pasta and pizza than you could ever imagine.

West 25th Street has some of the hottest restaurants such as Bier Market and Town Hall and is just a short commute from the

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Westin. Cleveland has long been known for its ever-expanding culinary scene and also has many local breweries. And don’t forget to try your chocolate martini at the Chocolate Bar, it is simply delicious!

Christmas movie, you can take a trip to the Christmas Story House. Playhouse Square is a short walk from the Westin hotel and offers a variety of live entertainment and world renowned Broadway musicals.

Whether this is your first time to Cleveland or you are a local, there is always something new in the City to try and explore! We can’t wait to see you in 2022!

If you are seeking some enrichment Cleveland will not disappointment. Visit the Rock and Roll Hall of Fame, the Cleveland Museum of Art (which offers free admission to all), The Natural History Museum on the east side of the City and many more. Take a walk in the Cleveland Botanical Gardens which is a 18,000 Eleanor Armstrong glasshouse. There is a treehouse and hidden paths to explore.

If you are feeling luck, try your hand at the Jack Casino which is within walking distance of the Westin hotel. The Westside Market is Cleveland’s indoor European style market with a variety of vendors selling meats, vegetable, fruits, cheeses, and delicious desserts. No matter what your itinerary holds, there is something for everyone.

JESSICA KUBIAK, RP® OSBA CERTIFIED

The Cleveland History Center traces the history of Cleveland throughout the years. If you have seen the beloved classic

3 6 NATIONAL PARAL EG A L R EPO RT ER ®

The Cleveland Metroparks surround the entire City from west, south and east in what is locally known as the Emerald Necklace. Among the top park systems in the nation, the Metroparks were awarded the 2021 National Gold Medal “Best in Nation” Award for Excellence in Parks and Recreation, the highest national honor in the parks and recreation field. A quick peek at the baby gorilla and tigers born at the Cleveland Metroparks Zoo is sure to brighten anyone’s day.

BECKY KERSTETTER, OSBA CERTFIED

CRISTINA VACAR

NFPA EVENTS

2022 Convention Schedule-at-a-Glance The schedule below is subject to change. Any changes will be made here once they are finalized.

The times listed below are in Eastern Standard Time.

THURSDAY, SEPTEMBER 15, 2022 9:00 a.m. – 10:00 a.m.

Concurrent Legal Education Sessions (4 tracks) 10:00 a.m. – 10:30 a.m.

Morning Break & Visit with Exhibitors 10:30 a.m. – 11:30 a.m.

Concurrent Legal Education Sessions (4 tracks) 11:45 a.m. – 1:15 p.m.

Lunch: Coordinator Appreciation & Networking 1:15 p.m. – 2:15 p.m.

Concurrent Legal Education Sessions (4 tracks) 2:15 p.m. – 2:45 p.m.

Afternoon Break & Visit with Exhibitors

11:30 a.m. – 1:15 p.m.

Lunch & Keynote Speaker:

Michael P. Donnelly, Justice, Ohio Supreme Court 1:15 p.m. – 3:30 p.m.

NFPA Region Meetings (members only) 3:30 p.m. – 4:00 p.m.

Afternoon Break & Visit with Exhibitors 6:30 p.m.

Social Event Music Box Supper Club

SATURDAY, SEPTEMBER 17, 2022 9:00 a.m. – 12:00 p.m.

Policy Meeting *

12:00 p.m. – 12:30 p.m.

Awards Presentation

12:30 p.m. – 1:30 p.m.

Lunch Break

1:30 p.m. – 5:00 p.m.

Policy Meeting

8:00 p.m.

Delegate Caucus (if needed)

2:45 p.m. – 3:45 p.m.

Concurrent Legal Education Sessions (4 tracks)

SUNDAY, SEPTEMBER 18, 2022

3:45 p.m. – 4:00 p.m.

Break

9:00 a.m. – 12:00 p.m.

Policy Meeting*

4:00 p.m. - 5:00 p.m.

NFPA Workshops

12:00 p.m.

Adjourn

5:15 p.m. - 6:30 p.m.

Exhibitor Reception

2:30 p.m.

Board of Directors Meeting

7:00 p.m.

Board of Directors Meeting

* Separate Agenda Pending for 2022 Policy Meeting

FRIDAY, SEPTEMBER 16, 2022 8:00 a.m. – 11:00 a.m.

NFPA Region Meetings (members only) 11:00 a.m. – 11:30 a.m.

Morning Break & Visit with Exhibitors

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Vendor Directory

The TASA Group (800) 523-2319 / www.TASAnet.com Contact: Heather Williamson Since 1956, The TASA Group has helped thousands of attorneys identify a variety of quality expert witnesses for their cases, in virtually every category – no charge unless an expert is designated or engaged. We are the Industry leaders through personal service and innovative services - free, expert-led CLE webinars and Challenge History Reports that help attorneys work more efficiently and effectively.

866-330-0056 / www.cobblestonesoftware.com / Contact: Bradford Jones / sales@CobbleStoneSoftware.com CobbleStone Software provides award-winning contract management software built for legal professionals to simplify and automate contract administration.

CobbleStone’s contract management software provides a user-friendly contract repository to store all contracts and versions, proactive email & calendar notifications, easy searching & reporting, user dashboards, contract authoring from templates, automated workflow, compliance & milestone tracking, electronic signatures, and much more. CobbleStone’s software benefits thousands of users in large and small organizations throughout the public and private sector.

For information visit www.cobblestonesoftware.com!

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1. Publication Title

Statement of Ownership, Management, and Circulation (All Periodicals Publications Except Requester Publications) 2. Publication Number

National Paralegal Reporter 4. Issue Frequency

Quarterly

3. Filing Date

006956 _

10/01/2021

5. Number of Issues Published Annually

6. Annual Subscription Price

4

$33

7. Complete Mailing Address of Known Office of Publication (Not printer) (Street, city, county, state, and ZIP+4 ®)

National Federation of Paralegal Associations Inc. 400 South 4th Street, Suite 754E, Minneapolis, MN 55415

Contact Person

a. Total Number of Copies (Net press run) (1) Mailed Outside-County Paid Subscriptions Stated on PS Form 3541 (Include paid distribution above nominal rate, advertiser’s proof copies, and exchange copies)

Telephone (Include area code)

(800) 362-2546

National Federation of Paralegal Associations Inc. 400 South 4th Street, Suite 754E, Minneapolis, MN 55415 9. Full Names and Complete Mailing Addresses of Publisher, Editor, and Managing Editor (Do not leave blank) Publisher (Name and complete mailing address)

National Federation of Paralegal Associations Inc. 400 South 4th Street, Suite 754E, Minneapolis, MN 55415

b. Paid Circulation (By Mail and Outside the Mail)

(2)

Mailed In-County Paid Subscriptions Stated on PS Form 3541 (Include paid distribution above nominal rate, advertiser’s proof copies, and exchange copies)

(3)

Paid Distribution Outside the Mails Including Sales Through Dealers and Carriers, Street Vendors, Counter Sales, and Other Paid Distribution Outside USPS®

Rachel Daeger, RGI, 3502 Woodview Trace, Ste 300, Indianapolis, IN 46268 Managing Editor (Name and complete mailing address)

10. Owner (Do not leave blank. If the publication is owned by a corporation, give the name and address of the corporation immediately followed by the names and addresses of all stockholders owning or holding 1 percent or more of the total amount of stock. If not owned by a corporation, give the names and addresses of the individual owners. If owned by a partnership or other unincorporated firm, give its name and address as well as those of each individual owner. If the publication is published by a nonprofit organization, give its name and address.)

Full Name Complete Mailing Address

(4)

Paid Distribution by Other Classes of Mail Through the USPS (e.g., First-Class Mail®)

4225

400 South 4th Street, Suite 754E, Minneapolis, MN 55415

11. Known Bondholders, Mortgagees, and Other Security Holders Owning or Holding 1 Percent or More of Total Amount of Bonds, Mortgages, or None Other Securities. If none, check box

16. Electronic Copy Circulation

Average No. Copies Each Issue During Preceding 12 Months

a. Paid Electronic Copies

4200

4177

4155

00

0

0

0

No. Copies of Single Issue Published Nearest to Filing Date

0

0

b. Total Paid Print Copies (Line 15c) + Paid Electronic Copies (Line 16a)

4177

4155

c. Total Print Distribution (Line 15f) + Paid Electronic Copies (Line 16a)

4192

4166

99

99

✔ I certify that 50% of all my distributed copies (electronic and print) are paid above a nominal price.

d. Free or (1) Free or Nominal Rate Outside-County Copies included on PS Form 3541 Nominal Rate Distribution (2) Free or Nominal Rate In-County Copies Included on PS Form 3541 (By Mail and Free or Nominal Rate Copies Mailed at Other Classes Through the USPS Outside (3) (e.g., First-Class Mail) the Mail) (4)

Free or Nominal Rate Distribution Outside the Mail (Carriers or other means)

e. Total Free or Nominal Rate Distribution (Sum of 15d (1), (2), (3) and (4))

f. Total Distribution (Sum of 15c and 15e)

g. Copies not Distributed (See Instructions to Publishers #4 (page #3))

Full Name

10/01/2021 Average No. Copies No. Copies of Single Each Issue During Issue Published Preceding 12 Months Nearest to Filing Date

d. Percent Paid (Both Print & Electronic Copies) (16b divided by 16c Í 100)

c. Total Paid Distribution [Sum of 15b (1), (2), (3), and (4)]

Editor (Name and complete mailing address)

Statement of Ownership, Management, and Circulation (All Periodicals Publications Except Requester Publications)

14. Issue Date for Circulation Data Below

National Paralegal Reporter 15. Extent and Nature of Circulation

Rachel Daeger

8. Complete Mailing Address of Headquarters or General Business Office of Publisher (Not printer)

National Federation of Paralegal Associations, Ic.

13. Publication Title

0

0

4177

4155

0

0

0

0

10

5

5

8

15

13

4192

4166

33

34

h. Total (Sum of 15f and g)

4225

4200

i. Percent Paid (15c divided by 15f times 100)

99%

99%

17. Publication of Statement of Ownership ✔ If the publication is a general publication, publication of this statement is required. Will be printed

Publication not required.

1/1/22 in the ________________________ issue of this publication.

18. Signature and Title of Editor, Publisher, Business Manager, or Owner

Date

10/01/2021 I certify that all information furnished on this form is true and complete. I understand that anyone who furnishes false or misleading information on this form or who omits material or information requested on the form may be subject to criminal sanctions (including fines and imprisonment) and/or civil sanctions (including civil penalties).

* If you are claiming electronic copies, go to line 16 on page 3. If you are not claiming electronic copies, skip to line 17 on page 3.

Complete Mailing Address

12. Tax Status (For completion by nonprofit organizations authorized to mail at nonprofit rates) (Check one) The purpose, function, and nonprofit status of this organization and the exempt status for federal income tax purposes: ✔ Has Not Changed During Preceding 12 Months

Has Changed During Preceding 12 Months (Publisher must submit explanation of change with this statement) PS Form 3526, July 2014 [Page 1 of 4 (see instructions page 4)] PSN: 7530-01-000-9931

PRIVACY NOTICE: See our privacy policy on www.usps.com.

PS Form 3526, July 2014 (Page 2 of 4)

PS Form 3526, July 2014 (Page 3 of 4)

PRIVACY NOTICE: See our privacy policy on www.usps.com.

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Cleveland Association of Paralegals, Inc. invite you to the

2022 NFPA Annual Convention & Policy Meeting September 15 -18