The National Paralegal Reporter Spring 2023

OF

President’s Message

As I write this message it is still quite cold here in the Northeast. This coming weekend we move the clocks ahead one hour, and with that, we gain a full hour of daylight. That means the promise of spring is just around the corner. I have this picture in my head of a children’s movie. It is a time-lapsed scene of a spring thaw where a frozen blue creek starts to trickle as the budding leaves begin to bloom a deep green on the trees and colorful flowers peek out over the banks of the creek. Oddly detailed I know! But, this happens to me whenever I think of “spring thaw”. I can’t help but think that I truly must have seen this in a cartoon or movie.

As we begin to emerge from hibernation and welcome spring those tasks we have been putting off don’t seem so daunting. There is a renewed sense of energy with the change of the season and lengthening hours of sunlight. It is this renewed energy that I am hoping to tap into as I tell you about just a few of the volunteer positions available within the National Federation of Paralegal Associations, Inc. (NFPA®)

NFPA® is a volunteer driven, grassroots organization whose mission is to promote a global presence for the paralegal profession and leadership within the legal community. Our core

purpose is devoted to advancing the paralegal profession. Every member of the Board of Directors (BoD) is a full time paralegal who believes in this mission and purpose. We also rely on a small army of volunteers. People just like you who believe in the advancement of the paralegal profession and want to assist NFPA® in furthering this mission and purpose.

One of the many areas in which NFPA® stands out is in our advocacy for the profession. When a paralegal organization reaches out to NFPA® for support in seeking regulation our Director of Positions and Issues (DPI), Beth Bialis, RP®, NYSCP®, assisted by her Regulation Coordinator will prepare and submit a statement in support of the regulation being sought. Along with advocacy, the

DPI oversees our Diversity, Equity & Inclusion Committee, Ethics Board, and Government Affairs Committee.

Another member of the BoD is the Director of Profession Development (DPD), Theda M. Yandell, RP®. As the DPD Theda addresses the future growth and expansion of the profession and oversees NFPA’s continuing legal education of paralegals. She also oversees our ABA Approval Committee, ABA Pro Bono Committee, Access to Justice Committee and Education Standards Committee.

Our Director of Certification, Lisa Vessels, RP®, CP®, oversees and manages the administration of NFPA’s two certification exams, the Paralegal CORE Competency Exam® (PCCE®) and the Paralegal Advanced Competency Exam® (PACE®). Lisa works with the Paralegal Certification Standards Committee addressing any issues related to paralegal certification and our Assurance of Learning program (AoL). The AoL uses our PCCE® exam to test the standard knowledge base for entry-level and early career paralegals. Paralegal programs nationwide use it as an exit exam or assurance of learning tool.

If you find yourself thinking that you might like to hear more about any of the committees I mentioned above, or

perhaps are now considering that you might have a little time to assist us in furthering our mission, please reach out to any one of us (emails listed here) and we will be happy to answer your questions.

Director of Positions & Issues: positionsdir@paralegals.org

Director of Profession Development: professiondevdir@paralegals.org

Director of Certification: certificationdir@paralegals.org

President: president@paralegals.org

Enjoy the warmer weather!

Publisher: National Federation of Paralegal Associations, Inc.

Managing Editor and Advertising Manager: Rachel Daeger, rdaeger@ raybourn.com

Postmaster: Delivered to current resident or occupant as addressed if possible.

Publishing Policy: Articles printed in the National Paralegal Reporter express the opinions of the individual authors and do not necessarily represent the formal position of NFPA. Acceptance of advertising does not constitute NFPA endorsement.

National Paralegal Reporter, ISSN 1058-482X, is published quarterly for $60 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 marketingdir@ 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.

Copyright © 2023 National Federation of Paralegal Associations, Inc. All rights reserved. National Paralegal Reporter, NFPA, PACE Registered Paralegal, RP, PACE, the PACE design logo, NFPAThe 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.

JOSIE A. ESTES NFPA PRESIDENT

Special Election Results

BETH BIALIS, RP

NYSCP® was recently elected to the Board of Directors of NFPA as Director of Positions and Issues.

Beth earned her paralegal certificate in 1990 from the National Academy for Paralegal Studies, an ABA approved program and obtained her Registered Paralegal credential in 2012. Beth became a New York State Certified Paralegal in 2021.

Beth has been a member of the Western New York Paralegal Association, Inc. (“WNYPA”) since 1996. Throughout the years Beth served the members of WNYPA in various roles on the Board of Directors and in 2010 was elected to the NFPA Board of Directors serving three years as Region V Director and two years as Vice President and Director of Profession Development. Beth also served as President of the Empire State Alliance of Paralegal Associations, Inc. for four years.

Beth has over fifteen years of experience as a litigation paralegal and is currently employed in the litigation department at Phillips Lytle LLP in Buffalo, New York.

NFPA is pleased to announce CHERYLAN SHEARER, IRP, of Goshen, Indiana, has been elected to the position of Director, Region III for the 2022-2023 term. Ms. Shearer was elected during a special election to fill the vacant Director position.

Ms. Shearer is a corporate paralegal at the law firm of Yoder Ainlay Ulmer & Buckingham, LLP in Goshen, Indiana. She has been with the firm for 28 years and received her paralegal certificate with honors in June 1999 from Indiana University at South Bend. She primarily works with the initial set up of organizations including for-profit, not-for-profit, and limited liability companies, mergers and acquisitions, and maintains corporate compliance for approximately 600 clients of the firm. Ms. Shearer is also a member of the Affiliate Committee of the Indiana State Bar Association currently serving as Vice Chair. She has been a member of the Michiana Paralegal Association since 1999 and is a current member of the Northeast Indiana Paralegal Association.

While a member of the Michiana Paralegal Association, she served as Membership Chair, on its Board of Directors, as President, and as Primary Delegate. She has also served as the NFPA Region III Director from 2009 through 2012, served as NFPA’s

Secretary and Director of Operations from 2015 to 2018, served on various committees, as Convention Coordinator, and as Governing Documents Coordinator. She has taught seminars to the paralegal students taking the Business Organization class at the Indiana University at South Bend. In 2010, she was awarded the Michiana Paralegal of the Year.

The Region III Director is responsible for helping local associations in Alabama, Florida, Georgia, Indiana, Kentucky, Michigan, Mississippi, North Carolina, Ohio, South Carolina, and Tennessee. Region Directors are the main liaison between members associations and other members of the Board.

Ethics in ParalegaLand

By Yanna Correa-Llorente | Tampa, Florida

•

Ever feel like you’re the only one trying to uphold some sense of ethics and professional responsibility in a room full of lawyers? Better yet, is the expectation that you’ll sit there and take it? That is, because ultimately you can’t and don’t give legal advice; you’re a nonlawyer; just a paralegal.

No doubt some of our readers have at some point in their career encountered retellings from experienced paralegals about circumstances or expressions along the lines of the inquiry made above. So, the question is, what to do? Do we weigh the ethics [not participating] against the practical [not having employment]? From an absolutist ethical perspective, there’s nothing to be measured. The question indicates that the balance is already off. Our ethics would demand our moral compass to prevail. But we don’t live in an absolutist bubble, our lives are

neither controlled nor constant. The practicalities of the human experience call for a more studied approach. (Goodness knows that your bills will care less about your ethics having persevered in a moment of ethical crisis. And the banks? Well, they’re still trying to understand how to spell ethics. Much less will they make any attempt to understand yours.)

So, the question remains, what to do? Perhaps a prudent course of action would be an inclination not to do? Not to sit there and take it. Instead, sit there and observe the firm environment and culture. Consider the dynamics of each string pulled one way and another. And then, reconsider your position in the cobweb it has become. How much further will the length of your web be extended if you remain a part of it? Question your perspective and those of others? Would the same ethical crisis be at play if the client involved was a familymember or a close-friend? Is this really the level of care entrusted by the client if the ethics waver at such questioning? Do the ethics remain transparent, readily actionable, and easily viewed under a microscope? Or have the ethics become distant, exceedingly released into the too-busy-too-late atmosphere after each lapse of judgment, every slip of neglect, and now require viewing via telescope?

It goes without saying that the practice of law has evolved into a highly profitable enterprise.

“In the American setting, the large law firm has had an ambivalent relationship to legal ethics and professional responsibility. As large firms have grown and multiplied, despondency about the decline of law practice from its virtuous and collegial past has intensified. A curious double image is found in which large firm lawyers embody the professional ideal of technical proficiency and service to clients, at the same time that the firm is seen as betraying other aspects of professionalism.”

(Galanter and Palay)

(Emphasis added.)

“The total revenue of the leading 100 law firms in the United States increased steadily between 2015 and 2020 and saw a significant increase between 2020 and 2021. In 2021, a combined gross revenue of approximately 127.5 billion U.S. dollars was reported by the 100 highest grossing law firms in the United States.”

(Statista Research Department)

(Emphasis added.)

1. MORAL PRINCIPLES THAT GOVERN A PERSON’S BEHAVIOR OR THE CONDUCTING OF AN ACTIVITY.

THE MORAL CORRECTNESS OF SPECIFIED CONDUCT.

2. THE BRANCH OF KNOWLEDGE THAT DEALS WITH MORAL PRINCIPLES.

“Gross revenue for The Global 2002 totaled $161.8 billion for fiscal year 2020, an increase of 5.9% compared with fiscal year 2019. One hundred and thirty-seven of the firms have more lawyers in the United States than anywhere else.”

(American Lawyer Magazine)

Tony Williams, a London-based principal at Jomati Consultants who advises firms around the globe, had this to say about growth at Big Law3 for fiscal year 2021, and as reported at AbovetheLaw.com:

“Altogether, revenue for the largest 200 firms in the world increased to more than $185.6 billion, as a confluence of high demand and high-dollar deal work drove the industry to dizzying heights. In general, but particularly in the United States, firms were also able to increase rates, increase utilization and increase their collections, three big tics of the [profits] box.” (Zaretsky)

Not surprisingly, incognito author under the pen name of D.W. Randolph,4 published on October 25, 2022, the massive and illustrative work titled, Big Law Confidential: The Comprehensive Guide to the Large Law Firm Experience in the U.S. (“Big Law Guide”). At a length of 546 pages, the Big Law Guide holds nothing back. It readily informs readers of the muti-faceted world that has become 21st century law practice, and of the most transparent engines of such: money and power, power and money.

The inquiry then becomes, is this Big Law Guide considered static and viewed in a vacuum? Or is it more telling of the entire realm of law practice? How much of “The Good, the Bad, and the Ugly” (Id. Chapter 3) has trickled down medium-sized firms, small firms, and even solo-practitioners? Surely, it is not just in Big Law that members of a legal team5 have experienced somewhat similar scenarios as those described in the Big Law Guide: (a) the #1 worst and unhappiest job in America was

that of associate at a Big Law firm;6 (b) the competitive compensation to trap leading-talent into putting up with soul-crushing work; (c) the expectation to work harder and longer, and to be hyper-connected regardless of hour or day; (d) the complete lack of mental health awareness, personal boundaries, and balance; (e) the excessive weight gain/loss after starting with the firm; (f) the rampant substance-use and addictions that cripple the industry; and (g) the ultimate ugliness, the permanent stain of conveniently disregarding our moral compass.

But what about you? The one who doesn’t and can’t give legal advice. The nonlawyer. The paralegal. Ask yourself if you or a close co-worker have experienced any scenarios like those described above. How many of them? Some of them? Most of them? All of them? How many legal stains does it take to paint a gloomy picture?

It’s not just in the legal field that toxic business cultures are found though. According to Forbes, in reporting a

telling market study conducted by MIT Sloan, “in a historically tight labor market, employees have more choices than ever before—and don’t have to settle if their current work environment is unpleasant, dangerous or unethical.” (Pena)

During 2021 employees quit in unprecedented numbers (more than 24 million Americans just between the period of April to September;7 and 47.8 million in total for the entire year8). A phenomenon now coined the Great Resignation. The MIT Sloan study found that the strongest predictor of attrition9 is a toxic corporate culture, and that it is 10 times more impactful with the top contributing elements being: (1) failure to promote diversity,

equity, and inclusion; (2) workers feeling disrespected; and (3) unethical behavior. (Sull, Sull and Zweig) And 2022? The year followed suit dramatically according to federal data with about 50.5 million Americans quitting their jobs and breaking the prior year’s record.10

With that, here’s what you need to know to stand your ground. The National Federation of Paralegal Associations, Inc. (“NFPA”) last published amendments to the Code of Ethics and Professional Responsibility (the “Code”) on July 19, 2022. We encourage you to take the time to read the Code in its entirety. We also strongly encourage you to remain abreast of the ever evolving and prevalent changes

taking place around the nation to better promote all-inclusive access to legal services. (As it turns out, experienced paralegals too can read and discern public policies, regulations, statutory authority, and case law precedent. As a bonus, experienced paralegals generally have a good hold on their moral compass and with that, they often encourage and facilitate professional ethics and responsibility from their teams, regardless of title.) To encourage and facilitate your good ethics and professionalism here and now, we provide the following summary from the Code.

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NFPA promotes the growth, development, and recognition of the paralegal profession as an integral partner in the delivery of legal services. (National Federation of Paralegal Associations, Inc. (“NFPA”)

Rules Of Professional Conduct And Ethical Considerations

(This summary includes only the title headings of the Code.)

1.1 A paralegal shall achieve and maintain a high level of competence.

1.2 A paralegal shall maintain a high level of personal and professional integrity.

1.3 A paralegal shall maintain a high standard of professional conduct.

1.4 A paralegal shall serve the public interest by contributing to the improvement of the legal system and delivery of quality legal services, including pro bono publico services and community service.

1.5 A paralegal shall preserve all confidential information provided by the client or acquired from other sources before, during, and after the course of the professional relationship.

1.6 A paralegal shall avoid conflicts of interest and shall disclose any possible conflict to the employer or client, as well as to the prospective employers or clients.

1.7 A paralegal’s title shall be fully disclosed.

Every paralegal that reviews these guidelines is cautioned to consider the specific ethical considerations and case law that apply in the particular states and jurisdictions in which they operate. Please contact the NFPA Ethics Board ethics@ paralegals.org with questions, comments, or concerns.

The Guidelines

(This summary includes only the title headings of the Guidelines.)

Guideline 1: A lawyer is responsible for all of the professional actions of a paralegal performing services at the lawyer’s direction and should take reasonable measures to ensure that the paralegal’s conduct is consistent with the lawyer’s obligations under the rules of professional conduct of the jurisdiction in which the lawyer practices.

Guideline 2: Provided the lawyer maintains responsibility for the work product, a lawyer may delegate to a paralegal any task normally performed by the lawyer except those tasks proscribed to a nonlawyer by statute, court rule, administrative rule or regulation, controlling authority, the applicable rule of professional conduct of the jurisdiction in which the lawyer practices, or these Guidelines.

Guideline 3: A lawyer may not delegate to a paralegal:

(a) Responsibility for establishing an attorney‐client relationship.

(b) Responsibility for establishing the amount of a fee to be charged for a legal service.

(c) Responsibility for a legal opinion rendered to a client.

Guideline 4: A lawyer is responsible for taking reasonable measures to ensure that clients, courts, and other lawyers are aware that a paralegal, whose services are utilized by the lawyer in performing legal services, is not licensed to practice law.

Guideline 5: A lawyer may identify paralegals by name and title on the lawyer’s letterhead and on business cards identifying the lawyer’s firm.

Additionally, keep in mind that the American Bar Association also has Model Guidelines for the Utilization of Paralegal Services, last published in 2008, by the Standing Committee on Paralegals. (American Bar Association)

Guideline 6: A lawyer is responsible for taking reasonable measures to ensure that all client confidences are preserved by a paralegal.

Guideline 7: A lawyer should take reasonable measures to prevent conflicts of interest resulting from a paralegal’s other employment or interests.

EMERGING ISSUES

Guideline 8: A lawyer may include a charge for the work performed by a paralegal in setting a charge and/or billing for legal services.

Guideline 9: A lawyer may not split legal fees with a paralegal nor pay a paralegal for the referral of legal business. A lawyer may compensate a paralegal based on the quantity and quality of the paralegal’s work and the value of that work to a law practice, but the paralegal’s compensation may not be contingent, by advance agreement, upon the outcome of a particular case or class of cases.

Guideline 10: A lawyer who employs a paralegal should facilitate the paralegal’s participation in appropriate continuing education and pro bono publico activities.

In closing, congruent lawyer-paralegal relationships should reflect good ethics, and collaboration. It is no coincidence that paralegal and lawyer ethical guidelines share so many similarities and thereby should always be in harmony. This ensures that the practice of law remains ethical, it will substantially decrease attrition in the legal field, and will promote the public’s trust in our professional responsibilities.

ABOUT THE AUTHOR:

Yanna was born in Habana, Cuba and emigrated at the age of 10. She is a naturalized US Citizen and has resided in the Tampa Bay area, Florida since 1998. She completed her

major in Dance, with Excellence in Ballet Honors, from H.W. Blake High School. She then graduated Magna Cum Laude in Criminal Justice with Dean’s List Honors for 5 Semesters from Southern Technical College, during which she served as President of Alpha Beta Kappa Honor Society (2007-2009) and was the 2007 Feature and Promise Scholarship recipient from the Imagine America Foundation. She has been working in the legal field since 2007 and has been a leading marital and family law paralegal. She has supported her legal teams with case management, mediation resolution, litigation, trial advocacy, and appellate writing. She is a Florida Bar Registered Paralegal (#1031779); affiliate member of the Florida Bar Family Law Section; member of National Federation of Paralegals Association; and member of Tampa Bay Paralegal Association. During her free time she enjoys reconnecting with family and nature; reading about philosophy, the human experience, and science; and having discourses with her wife about American law and ethics. She supports Heart of Adoptions Alliance; Hillsborough County Guardian ad Litem; Voices for Children; PACE Center; Tampa Bay LGBT Chamber; and Equality Florida.

WORKS CITED

• American Bar Association. “ABA Model Guidelines for the Utilization of Paralegal Services.” 2018. American Bar Association. The Standing Committee on Paralegals. February 2023. <https://www. americanbar.org/content/dam/aba/ administrative/paralegals/ls_prlgs_ modelguidelines.pdf>.

• American Lawyer Magazine. “The 2021 Global 200 Ranked by Gross Revenue.” 21 September 2021. Law.com International.

February 2023. <https:// www.law.com/internationaledition/2021/09/21/the-2021global-200-ranked-by-gross-revenu e/?slreturn=20230123155916>

• Galanter, Mark and Thomas Palay. “Large Law Firms and Professional Responsibility.” 1996. Legal Ethics and Professional Responsibility. Oxford. 02 2023.<https:// doi.org/10.1093/acprof :oso/9780198259312.003.0009>.

• National Federation of Paralegal Associations, Inc. (“NFPA”). “Code of Ethics and Professional Responsibility.” 19 July 2022. Paralegals. February 2023. <https://www.paralegals.org/files/ bb/2022-07-19_Code_of_Ethics_ APPROVED.pdf>

• Pena, Mark C. “Toxic Work Culture is the #1 Factor Driving People to Resign.” 1 July 2022. Forbes. February 2023. <https://www.forbes.com/ sites/markcperna/2022/06/01/ toxic-work-culture-is-the1-factor-driving-people-toresign/?sh=5690518168f1>.

• Statista Research Department. 2022. 23 February 2023. <https://www. statista.com/statistics/878140/totalrevenue-of-the-leading-law-firmsunited-states/#statisticContainer>.

• Sull, Donald, Charles Sull and Ben Zweig. “Toxic Culture Is Driving the Great Resignation.” 11 January 2022. MIT Sloan Management Review. Sloan Review. February 2023. <https://sloanreview.mit.edu/ article/toxic-culture-is-driving-thegreat-resignation/>

• Zaretsky, Staci. “The Global 200, The Richest Law Firms in the World 2022.” 20 September 2022. Above the Law. February 2023. <https:// abovethelaw.com/2022/09/theglobal-200-the-richest-law-firmsin-the-world-2022/>.

ENDNOTES

1. New Oxford American Dictionary.

2. The Global 200 data is compiled in collaboration with The American Lawyer Magazine (ALM) Intelligence team for use throughout Law.com Compass which enables users to compute year-over-year trends, in-depth comparisons, and peer benchmarking on Global 200 firms across key metrics, including financials, head count, diversity and more. See https://www.alm.com/ press_release/alms-2022-global200-reveals-stellar-performancein-key-financial-metrics/

3. The “Big Law” label comes from The American Lawyer (Am Law) 100, the ranking of the largest, most high-powered firms in the country.

4. Amazon.com’s About the Author page outlines the following resume: The author is or was a partner, rainmaker, and practice leader at an Am Law 100 firm who practiced law at Big Law firms for many years, including an Am Law/ Vault top-20-ranked law firm in New York City, and another Am Law 100 law firm in another large U.S. city. (Truncated.) See https:// www.amazon.com/stores/author/ B0BKLQGVBF/about

5. Members of a legal team is identified for this article as: lawyers, paralegals, legal assistants, legal

administrators, firm managers, billing specialists, and related support staff to the firm.

6. Forbes survey, as referenced in Big Law Guide.

7. “Job Openings and Labor Turnover Survey,” U.S. Bureau of Labor Statistics, www.bls.gov. The data represents seasonally adjusted quits for total nonfarm employers in the U.S. from April through September 2021.

8. U.S. Bureau of Labor Statistics, 2021 Job Openings and Labor Turnover. See https://www.bls.gov/ bls/news-release/jolts.htm

9. LinkedIn defines that “Attrition occurs when employees leave a company and their jobs are not filled. High attrition can be a warning sign to businesses that something is wrong with their culture”. See https://www.linkedin. com/pulse/attrition-definitionmeaning-get-ahead-by-linkedinnews/

10. U.S. Bureau of Labor Statistics, 2022 Job Openings and Labor Turnover. See https://www.bls.gov/ bls/news-release/jolts.htm

Welcome to Washington DC

By Angela M. King

As the National Capital Area Paralegal Association (NCAPA) looks forward to hosting the Annual Convention, we look forward to putting the spotlight on our amazing city and what makes the Washington, D.C. metro area so special. Take it from anyone that was born and raised in this area, you can live here all your life and never have an opportunity to explore all that this city has to offer. If you are from this area, you know we go by several different names. Washington, D.C., formally the District of Columbia and commonly referred to as Washington, “the District”, or simply D.C. The nickname “DMV” (and no,

not the Department of Motor Vehicles), for “District - Maryland - Virginia” has gained traction as a popular nickname in the recent years for this area.

Let’s start with some fun facts about the city. Washington, D.C. today is 68 square miles, all of which formerly belonged to Maryland. The area is surrounded by Maryland on three sides and Virginia to the south. Much of Washington, D.C. is parkland and the district was highly planned during its initial construction. Washington, D.C. is divided into four quadrants: the Northwest, Northeast, Southeast, and Southwest with each

quadrant radiating out from the Capitol building. One could even argue that the average square mile of DC contains more history than many other cities combined.

From the history to museums and monuments, DC is certainly one of the most epic and underrated places to visit no matter the time of the year. For starters we truly have 4 seasons (even though that has changed a bit over the last few years). DC is much more than a big city, it’s really a place for visitors to see rich traditions, what makes this area and people so unique. Most folks love the glitz and glamour of NYC and LA, which may be at the top of your list to visit, but you should never overlook the nation’s capital. There are many benefits to this city that you can’t find anywhere else.

You will love the entertainment options DC offers. There are also theaters that host live shows, street festivals, sporting events, boutiques, thrift shops, restaurants, bars, and parks. It doesn’t matter if you want to go for a bike ride on Sunday afternoon near the Tidal Basin or check out a favorite local restaurant - there is something to do in DC for all to enjoy. From the Capitals to the Wizards, the Commanders, the Nationals and so much more, there is always a professional sport being played in every season at most times of the day.

DC is a big city, but still gives you the feel of a small town and that is what makes it so beautiful for me. One minute you can go to an underground art gallery, independent bookstore or walk through a farmer’s market all on the same street. It’s a city of people working hard and doing amazing things in the process. When you picture DC, you probably envision a lot of amazing architecture, monuments, and concrete. But you probably don’t picture just how green it is. DC is perfectly located in the mid-Atlantic region of the country which means that vacation planning is easy and affordable. Visit the beaches of Ocean City, Maryland or Virginia Beach in around three hours. Reach the heights of the gorgeous Maryland mountains in just over an hour.

I will say, living in this major city does also build character. The traffic requires patience. Navigating the metro takes some skillful memorization and etiquette (believe me – was a WMATA rider for 20+ years). DC is graced with a climate that seems to offer the best of all worlds. As I mentioned earlier, it has four seasons, including snow, but it never gets too cold, unlike the Midwest or the northern states. The population of DC is extremely diverse. The men and women here are made up of all

different races, religions, and come from different lifestyles and economic standings. There are politicians and journalists as well as entrepreneurs and small business owners. DC is a great city for people who love food. The cuisine is truly international, and there are plenty of chic cafes, hipster bars, farmer’s markets, and celebrity chefrun experiences to please all appetites and budgets. Also, there are several food sampling tours you can take, in case you can’t decide where to eat next. For all these reasons and many more, we can’t wait for everyone to explore and experience all our city has to offer. See everyone in October 2023. Watch the website for details.

ABOUT THE AUTHOR

Angela M. King is the Manager, Paralegal Services for global law firm, Dentons US LLP. Ms. King has 20 years of overall legal experience in the Government Contracts and Litigation practice industries with 10+ years of supervisory / managerial experience. Based in the Washington, D.C. office, Ms. King works with the Sr. Director and management team in overseeing the national paralegal services program consisting of 100+ paralegals, case assistants, analysts and other timekeepers supporting lawyer and other professionals in twenty-three (23) offices in the United States.

Meet the Wendi Atwood Rogers Foundation

By Cynthia Minchillo, RP, MPA and Debbie Oaks McBride

The Wendi Atwood Rogers Foundation developed from a very simple idea: to carry forward a legacy of mentorship, giving and support. It is said that ideas unfold in due time. When the world lost Wendi Rogers, the seed for this foundation was planted. The time was right for us to tend to the foundation and let it sprout and grow.

To describe the influence Wendi had on the paralegal community and her local community would take pages. You most likely were touched indirectly, if not directly, by Wendi if you are reading this article. In October of 2016, Wendi attended the DAPA Paralegal Day Luncheon in Dallas. She brought a friend and former neighbor for everyone to meet. Wendi’s friend had just graduated from paralegal school and was trying to find a job. In true Wendi fashion, she was teaching her friend to network, mentoring her, and referring her to a strong paralegal network that could support her in her transition from stay-at-home mom to paralegal.

I’m so glad the friend reached out to Wendi, or did Wendi reach out to her, not sure. Either way, this meeting provided that last time, that last picture,

that lasting memory of a great mentor and friend. There are many stories just like this about Wendi. She had an intuition about people and would gravitate towards those that needed help.

Wendi would have supported and worked hard for this foundation and its ideals. In January 2017, we started a memorial fund to raise money for grants and to support community programs Wendi supported. As we got to know all of the ways Wendi had been helping others, we expanded our focus to include helping non-paralegals and school children. In 2020, we became a non-profit 501(c)(3) corporation and changed our name to The Wendi Atwood Rogers Foundation.

Our mission is threefold: provide nocost mentorship workshops, help plan and support community projects, and raise money to provide grants to peerto-peer mentor programs focused on high school and college students, many whom are first generation high school graduates or are homeless. We support professionals who are seeking guidance for a career change, second career or just getting back into a drastically changed workforce. We support people

and students who are seeking to better their lives no matter their situation. This is a tall task, but if Wendi can make such a big difference during her lifetime, we can strive to do it as well.

Since January of 2017, we have hosted six free successful mentoring workshops with a variety of speakers and included education on mentorship, job skills, resumes, organization, communication and more. We have provided grants to public school mentor programs, food banks, as well as donated computers, school supplies and gift cards for necessities.

Debbie Oaks McBride was quoted as saying “connected we create change,” and a slogan for the foundation was born. This slogan represents what many of us have done over the years as volunteers of our local, state and national paralegal associations. If not for Wendi, many of us would not be brave enough “to go to the mic” at an NFPA convention. Today, we are polished professionals with a zest for helping, and it feels good to help!

As co-founders, we still have a lot to learn on our journeys and so much more work to do. As we grow, the

foundation’s needs grow. Our eyes were opened to incredible disparities during the COVID-19 pandemic, such as food insecurity, homelessness, and lack of access to the internet and education to name a few. Our eyes cannot be closed.

We thank you for reading this article, for being a paralegal, and for caring about the world around you.

You can learn more about our Foundation and about Wendi Rogers at withwendi.org or wendiatwoodrogers. org @withwendishelp @withwendi #connectedwecreatechange

ABOUT THE AUTHORS

DEBBIE OAKS MCBRIDECO-FOUNDER AND TRUSTEE

With more than twenty five years of corporate and transactional paralegal experience, thirteen of those spent with the Trammell Crow Company, Debbie Oaks McBride is currently in-house paralegal for NGP Energy Capital Management, LLC, a multi-billion dollar private equity firm headquartered in Las Colinas, Texas. In addition to her paralegal training, she has five years legal recruiting experience, including two years as the Managing Director of NewLine Legal Practice Support.

Debbie is a Past President and current Ambassador of the Paralegal Division of the State Bar of Texas (PD). She served on the PD Board of Directors as District 2 Director, District 12 Director, Parliamentarian, President-Elect and President (2010-2011). In 2009, she was

honored with the prestigious Paralegal Division Award of Excellence. She has previously served the PD on the TAPS Planning Committee; as Chair of the Leadership Ad Hoc Committee; as Chair of the TAPA 2014 Planning Ad Hoc Committee and as Vendor Liaison.

Debbie is a Past President (1996-1997) of the Dallas Area Paralegal Association (DAPA), where she also served as Executive Director, Membership Vice President, NFPA Primary Representative and Scholarship Chair. She was selected as the DAPA Paralegal of the Year in 2005, DAPA Volunteer of the Year in 2005 and received the DAPA President’s Award in 2007.

CYNTHIA MINCHILLO, RP, MPA

Cynthia met Wendi in 1994 at a networking/ fundraising event and an immediate friendship was struck. Cynthia was fortunate enough to have a wonderful friendship with Wendi while also having the opportunity to work with her and receive her mentorship throughout their careers together.

Cynthia began her paralegal career in 1988, and currently works as a

senior paralegal for Chalker Flores, LLP, an intellectual property law firm. With Wendi’s encouragement, Cynthia became involved with her trade associations and public speaking. In addition, she became a PACE Registered Paralegal in 1997 and was a Board Certified paralegal in personal injury trial law by the Texas Board of Legal Specialization from 1996 to 2014. She is a member of the Dallas Area Paralegal Association, National Federation of Paralegal Associations and the Paralegal Division of the State Bar of Texas. She served as DAPA’s president and held numerous appointed positions for all three associations. In 1998, she was awarded DAPA’s Paralegal of the Year award, and in 2014 awarded NFPA’s Volunteer of the Year Award and DAPA’S prestigious Michele Boerder Lifetime Achievement Award. She served as the ABA Approval Commission Representative of NFPA from 2008-2011, as an ABA special site visitor from 2011-2017, and served as the Committee Chair and host of the NFPA National Paralegal Convention in Dallas in 2014. Cynthia was a frequent presenter and author on continuing legal education topics. She is a former instructor at El Centro College’s paralegal program and has been an adjunct faculty member of Collin College’s paralegal program since 2014.

Paralegals Feed Ohio

By Angela M. Vohsing, OSBA Certified Paralegal

drives during the holidays and perhaps our efforts would have more impact during the months after the holidays once community donations had slowed and food pantry shelves were bare.

In October 2022, paralegals from PACO (Paralegal Association of Central Ohio), CAP (Cleveland Association of Paralegals), PANO (Paralegal Association of Northwest Ohio), and CPA (Cincinnati Paralegal Association) began discussing the possibility of holding a statewide food drive to help the hungry in our communities. It started with an email to the president and statewide representative of each local association simply asking if there was any interest in collaborating on an activity such as a food drive. The response was amazing! Each association responded with much excitement and enthusiasm, so we began meeting via Zoom to discuss and plan the event. The leadership of each association are amazing women and it was an absolute pleasure to collaborate with this group!

Initially, we wanted to hold the food drive during the holidays but after much discussion we decided to take our time and plan the food drive to take place after the first of the year. We decided that February would be a great time to launch our project. We reasoned that many groups hold food

During our planning sessions, many excellent ideas were suggested. From the beginning, we agreed that each association would hold its own individual food drive concurrently with the others. Each association planned how best to hold the event when considering the needs of its membership and its community. We bounced ideas off one another and formulated our strategies, and finally the event came into focus. Although, CAP and CPA ultimately were unable to participate, their contributions in discussing and planning the event cannot go unacknowledged. Both associations are looking forward to participating in the future.

In Columbus, PACO’s food drive ran from January 29, 2023 through February 9, 2023. We partnered with the MidOhio Food Cooperative, a non-profit serving 20 counties covering nearly 10,000 square miles. We collected both non-perishable food items and monetary donations. Mid-Ohio set up our own individual QRL code that we published on our web site and in social media postings so that those wishing to

donate financially could do so directly through Mid-Ohio, who would then provide a receipt for tax purposes. MidOhio provided daily emails advising who had made donations on our behalf so that we could track our donations. Law firms and sustaining members offered their offices as collection sites for non-perishable donations and Kroger provided large cardboard bins to hold donated food items.

Over the two weeks of our food drive, we collected eight large boxes full of non-perishable food items and just under $3000 in financial donations. Through its partners, Mid-Ohio Food Cooperative is able to leverage each $1 donation to provide up to $5.22 worth of groceries for families in need, so our financial contributions were equivalent to roughly $14,800!

In northwest Ohio, PANO found it best to hold its food drive over the entire month of February, concentrating on different geographic areas each week. PANO collected both financial and non-perishable donations but used financial donations to purchase additional non-perishable items. Contributions were distributed to the Toledo Northwestern Ohio Food Bank and Seagate Food Bank in Lucas County; St. Vincent DePaul Food Bank in Ottawa County; BG Christian

PARALEGALS ARE AWESOME, AND THERE IS NO LIMIT TO WHAT WE CAN DO, ESPECIALLY WHEN WE WORK TOGETHER ON A COMMON GOAL!

Food Pantry in Wood County; and Chopin Hall Food Distribution Center and Hancock County Food Pantry in Hancock County.

This event was a huge success and we are so pleased to have been able to come together to hold these food drives to help those in need, and we’re especially pleased to have been able to make an impact locally, in our own communities. We are looking forward to holding our statewide food drive again next year and can’t wait to start the planning process!

Collaborating on this event provided an opportunity to get to know colleagues from around Ohio and opened doors of communication between our local associations. We all are looking forward to continuing to collaborate on other issues concerning the paralegal profession. We plan to keep one another informed about what is happening in our associations, share continuing education opportunities, and discuss ideas regarding how best to move the paralegal profession forward. We’re just getting started!

There are many people to thank for their support in this statewide food drive initiative. In Columbus, PACO would like to thank Spectrum Reporting; Veritext; Boerger Investigative Services; Eastman & Smith Ltd. (Columbus office); Freeman, Mathis & Gary, LLP; Ulmer & Berne LLP; Poling; Law Offices of David A. Bressman; Columbus Bar Association; and Kroger. In northwest Ohio, PANO would like to thank Eastman & Smith Ltd. (Toledo office); Stautzenberger College; Marathon Petroleum Company LP; and The Andersons Company. Many others assisted both PACO and PANO

ABOUT THE AUTHOR

ANGELA M. VOHSING is an OSBA Certified paralegal with 27 years of experience as a Paralegal. She received her Bachelor’s degree from Ohio State University and her Paralegal Certificate from Capital University Law School with highest honors. Angie is an active member of the Paralegals

Association of Central Ohio (PACO). She previously served as Treasurer and Vice President/Membership Director, and currently serves as President Elect and NFPA Secondary Representative. In addition, she leads the Workers’ Compensation Round Table and participates in the PACO / LASC Pro Bono Wills Clinic project among other committees. Angie also serves on the OSBA Paralegal Specialty Board. Angie joined the Employment Section of Eastman & Smith Ltd. in 2014 and serves as a Workers’ Compensation and Litigation paralegal in its Columbus office.

Networking: It’s Not What You Know, but Knowing the Right Person to Ask

By Anne Newcomer, RP®, Pa.C.P., CEDS, Director of Marketing

Networking is essential in the professional world. You do not need to love networking to be good at it. Many people view networking as a chore and think that only a social butterfly can be successful at networking. Introverts physically cringe when someone utters “networking.” Whether you are an extrovert, introvert, or other, you can make networking work for you and expand your knowledge in everyday situations.

In my own mind, I say to myself, “Ugh! Not more networking! I hate it!” But, in reality, I think I’m not that bad at it. It took me many years to discover this and lots of trial and error. I discovered that networking is not about just making small talk at parties and professional gatherings. It is about what knowledge you can leverage through the people you meet and their knowledge and skill sets. Let’s look at networking at its first level, your family and friends.

Your everyday friends and relatives are your first source in networking. Networking is not exclusive to people at work or your professional organization. Figure out what your relatives, close friends, and neighbors

know or do. Family and friends can open up a completely new primary network to you. A basic example of networking with family and friends is when I needed a new roof and a furnace cleaning. I mentioned this offhand to a colleague at work and she told me her husband’s friend is a roofer and her husband is an HVAC repairman. My colleague utilized her friends and family to network with me. In turn, I hired the roofer for three repair jobs over the years and I hired her husband to clean my furnace and install a new furnace at a later time.

Here are a few more examples of networking by utilizing family. At a National Federation of Paralegal Associations conference, one delegate from another paralegal association had questions about its IRS 503c nonprofit status and she had no idea where to start and who to ask. A relative of mine happened to work for the IRS in the non-profit compliance and approval department. I was able to get some information for the paralegal association straight from the source and the individual from the other association didn’t have to wait for hours

on hold with a computerized voice message system.

Another time, I needed a court reporter in York County, PA. A relative happened to work for a court reporter agency there and I got a great referral. Another situation arose where I needed transcripts from a Pennsylvania Bureau of Professional and Occupational Affairs hearing that were no longer available through the online site. I contacted the same relative to see if the court reporter agency where she worked contracted with the PA BPOA. The agency did at one time, but not during the time period I needed. Regardless, it was an avenue that I would otherwise not have had.

One bit of advice though when asking your friends and relatives for favors and contacts, be like the Godfather, Don Corleone, and ask for favors wisely and only when you really need them.

The next logical place for networking is through the Pittsburgh Paralegal Association, the Keystone Alliance of Paralegal Associations, and the National Federation of Paralegal Associations. Here are three ready made

organizations of networking ready for you to utilize! The PPA, Keystone Alliance, and NFPA have sponsors and advertisers on their websites. These companies have shown their support of the paralegal organizations and paralegal profession so try them out. Consider them pre-vetted vendors. My attorneys are always asking me to locate court reporters, experts, private investigators, couriers, process servers, translators, copy vendors, e-discovery vendors, and a slew of other litigation support services. I do not personally know a vendor for each of these services but I know other paralegals who do or I utilize the vendors that support our professional organizations. If you can’t find a vendor through the websites, don’t be afraid to ask others in the know and give them a call or send an email.

As a former PPA NFPA representative, I was privileged to attend the NFPA region meetings and national conventions. This has opened up a vast network! Your own Keystone and NFPA delegates can be utilized to help connect you with other paralegals throughout the state and the country.

Here are just a few examples of how I utilized networking connections with other paralegals from Pittsburgh, PPA, Keystone, and NFPA.

I needed a docket from Berks County, PA, which is by subscription only, and asked NFPA primaries and secondaries in or near that county if they had access to the docket. At least one person did and she offered to conduct a docket search for me free of charge. I was able to provide an updated docket to my attorney and confirm that the opposing party did not file a particular pleading.

Recently, I needed a private investigator (PI) in Michigan. Instead of just doing a Google search for Michigan PIs and picking one out of a hat, I asked a PI from Pennsylvania with whom I have a good relationship, if she knew or could recommend a PI in Michigan for a boots on the ground investigation as my attorney wanted someone local. My PI friend found several names in her own network. I noticed that some were in the vicinity of the Michiana Paralegal Association. I asked the NFPA delegates from the MPA if they knew any of the PIs. One of the delegates personally

knew and recommended one of the PIs. I was able to get an introduction to the PI and got a few “freebies” because of the referral, including a couple extra searches for telephone numbers after the PI reached my budget cap.

On another occasion, I needed to locate a PI in New York. An affiliate of my law firm suggested a firm, whom I hired, but I wasn’t happy with their service. I met another PI firm at NFPA convention who is in the New York City area and was really impressed with her. I’ll use that firm next time and will pass that information along to anyone I know who is looking for a firm in NYC.

Just a few months ago, a friend of a friend needed help to obtain information on a Protection From Abuse and potentially, a pro bono PFA case. I connected a paralegal with the Pittsburgh PFA Signature Project with the friend and and the friend’s friend is getting the assistance she needs.

Yet another example is my attorney needed a zoning board administrator to obtain a copy of the current standards and regulations. Our mutual legal

assistant was getting the runaround when she tried to call the phone number she located online. I recalled that one of my former attorneys sat on the zoning board and a quick email to him helped me get the contact information we needed. An important tip to remember is don’t burn bridges when you leave a firm or employer. Pittsburgh is a very small legal community. You’ll probably need a favor from an old boss at some point. At the very least, you don’t want your old boss to make an offhand comment to someone he knows, because you just might need to network with that other someone one day.

With all these examples, you might think that networking is just all about me getting what I need. This is not the case. Here are a few examples when others used me as a source when networking. A Delaware paralegal reached out to the NFPA Region 4 Director, who was from Pittsburgh about obtaining an Allegheny County subpoena for a Delaware case through the Uniform Interstate Depositions and Discovery Act (“UIDDA”). The Delaware paralegal and I worked on getting her Allegheny County subpoena taken care of.

Likewise, a Philadelphia Association of Paralegals member, and former NFPA president, was having a trial in Pittsburgh but he did not know any local trial technology firms or copying services to help him during trial in Pittsburgh. He emailed me and I gave him introductions and referrals to my favorite trial presentation firm and copy service. He was all set for trial and will likely use these companies in the future when he has cases in this part of the state.

So aside from meeting people in person, what other ways can you network? The NFPA website offers member discussion boards where you can post or respond to questions from other members. Also, try using NFPA’s LinkedIn and Facebook paralegal group pages to network. Regarding Linkedin, I needed an expert in a highly specialized field, not your everyday electrical engineer. I found a highly respected expert on LinkedIn and contacted him. He was retired but provided me with contact information for ten other experts in this specialized field. He also said it was alright to mention him as a referral. The result? I helped my attorney locate and retain an expert through this referral.

ABOUT THE AUTHOR ANNE NEWCOMER, RP®, PA.C.P.,

CEDS is a litigation paralegal specializing in complex commercial cases and eDiscovery at Meyer Unkovic & Scott, LLP in Pittsburgh, Pennsylvania and is the current NFPA® Director of Marketing.

Anne has been a member of the Pittsburgh Paralegal Association since 2000. From 2012 through 2022, Anne served on the PPA Board of Directors in a number of different positions, including NFPA Primary Delegate, NFPA Secondary Delegate, Director, and Treasurer. Anne previously served as the NFPA Case Law Review CoCoordinator and was a member of the NFPA Case Law Review Committee.

Anne obtained her Bachelor’s Degree in English from York College of Pennsylvania. Anne earned NFPA’s PACE Registered Paralegal (RP®) certification and obtained the Keystone Alliance of Paralegal Associations’ Pennsylvania Certified Paralegal (Pa.C.P.) credential in 2011. In 2022 Anne earned the CEDS certification through the Association of Certified eDiscovery Specialists.

(1) Network;

(2) Turn rockstar;

Please consider these final thoughts. It is important to remember to stay humble when networking. Everyone does not want to hear about how many people you know. Name dropping is just annoying and makes you look pretentious. Your job is to just get the work done and look like a rock star when it gets done efficiently and correctly. So, follow these simple steps:

(3) Earn raises and promotions.

Member Spotlight On:

Mpho Chapi, BA, ABA Approved Paralegal Certificate

NEW YORK CITY PARALEGAL ASSOCIATION

PRACTICE AREA/SPECIALTY: PUBLIC INTEREST LAW

profession, learn new skills, learn about technological advancements in the legal profession and build strong networks.

I BECAME A PARALEGAL BECAUSE …

I became a paralegal to play a role in justice reform. As a paralegal, I impact individuals’ lives in a meaningful way by advising them of their rights.

WHAT IS YOUR FAVORITE PART ABOUT BEING A PARALEGAL?

and governmental offices to gain handson work experience and increase their opportunities of being marketable once they obtain their paralegal certificate.

WHAT IS THE COOLEST/MOST IMPORTANT TREND YOU SEE TODAY?

WHAT DO YOU ENJOY THE MOST ABOUT BEING A MEMBER OF YOUR LOCAL ASSOCIATION?

I enjoy being able to approach my local association for career advice such as tips for getting the most out of common resources used by legal professionals such as LinkedIn. I enjoy contributing suggestions that would improve my local association and learning from fellow members about the changes to the day-to-day operations of the paralegal profession.

WHAT MEMBERSHIP BENEFIT IS IMPORTANT TO YOU AND WHY?

Continuing education is a membership benefit that is important to me because it allows me to stay knowledgeable on the latest conditions in the legal

My favorite part about being a paralegal is that I gain knowledge to serve others and that knowledge in turn benefits me as well. My favorite part of being a paralegal is that that this role allows me to be employed in various sectors, public and private from districts courts to private law firms and companies. As a paralegal there are many career growth opportunities.

WHAT ADVICE WOULD YOU GIVE AN ASPIRING PARALEGAL?

I would recommend that an aspiring paralegal join paralegal online groups and associations directly and through platforms such as LinkedIn to get and stay updated with the current operations of the paralegal profession. I would also recommend that an aspiring paralegal seek internship opportunities from paralegal school or local courts

The coolest trend I see in the legal field today is Alternative Legal Services. This saves many firms time and money because they provide legal support at a lower cost and reduce the stress of software maintenance.

WHAT IMPACT DO PARALEGALS HAVE IN THE DELIVERY OF LEGAL SERVICES?

Paralegals hold the vital role of assisting their attorneys in preparing for trials by ensuring facts are gathered and organized efficiently for a case. Paralegals take measures to ensure the best possible outcome for their client.

FINISH THIS SENTENCE:

If I could name the autobiography of my life, it would read . . .

“Don’t Stop, Keep It Moving.”

If I weren’t a paralegal, I would be. . . a lawyer.

A paralegal is . . . the lifeblood of every law firm.

My favorite food is … Blueberries

Benefits of a Business Partnership Between a Paralegal and a Private Investigator

By Anna Stowe

As a private investigator with 23-years of experience, I can say with confidence that a business partnership between a paralegal and a private investigator can bring a range of benefits to both professionals and their clients.

For the paralegal, partnering with a private investigator can provide access to valuable resources and expertise that can help to strengthen the legal cases they work on. Private investigators often have specialized knowledge of surveillance techniques and other investigative methods, which can be useful in gathering evidence and building a stronger case. They may also have connections and resources that a paralegal may not have access to, such as access to databases and other information sources.

For the private investigator, partnering with a paralegal can provide a deeper understanding of the legal system and how to effectively work within it. Paralegals have a strong understanding of the legal process and can provide guidance on how to present evidence and other information in a way that is most useful to the case. Sharing case

strategy and goals is invaluable to the investigator.

Over the years, I have formed many successful relationships with paralegals. One example is a paralegal I’ve worked with for over ten-years. She knows she can send me discovery and other information, and I will, in turn, provide to her a list of investigative tasks I recommend. She then has the list approved through the attorney, and I interview and return my investigative reports to her. This relationship saves us both time, relieves the attorney of the tasks, and we both benefit from the arrangement.

ANOTHER RELATIONSHIP I HAVE WITH A PARALEGAL INVOLVES SUPPORT TO BUSINESSES

Private investigators and paralegals can work together to benefit businesses in a variety of ways. Private investigators can conduct investigations on behalf of businesses, such as background checks, surveillance, and asset searches. Private investigators can also help businesses uncover fraud and other criminal activities. Paralegals can help businesses draft contracts, handle document and

case management, and provide legal research. By working together, private investigators and paralegals can help businesses save time, money, and resources. The network for referrals to each other is almost endless.

Private investigators and paralegals can work together in a number of ways. Private investigators can assist paralegals in conducting research, locating witnesses, gathering evidence, and uncovering documents. They can also provide testimony in court to support a legal argument and help develop legal strategies. Paralegals can use private investigators to help them review documents, obtain public records, and investigate potential witnesses. The two professions can also work together to investigate and analyze cases in order to build a strong legal argument.

WHEN SHOULD YOU HIRE AN INVESTIGATOR?

The best time to get an investigator involved in your case is when you feel that you need help finding evidence or witnesses to support your case. An investigator can help you locate

witnesses, track down evidence, provide video and still photography, obtain official documents, and uncover information that may not be easily accessible on your own. Additionally, investigators can work with attorneys to help build a stronger case, and can serve as witnesses and testify in court.

While private investigators have a multitude of resources at their fingertips, private investigators are not legally allowed to trespass or break the law in any way in order to obtain evidence or information. A private investigator can conduct investigations and gather evidence. They can make inquiries, search records, take photographs and video, and interview witnesses. Private investigators must adhere to all state and federal laws, including those pertaining to privacy, when conducting investigations. Are there unscrupulous private investigators out there? Yes, but we can help you find a great investigator.

If you’re looking to hire a private investigator, do your research and find a reputable investigator who is experienced in the type of case that you need help with. Ask colleagues

who they recommend. Check out the investigator’s website and reviews. You should also make sure to ask for references and proof of insurance, and check the investigator’s credentials with the state licensing board. I prefer to use investigators who are active and hold Board-level positions in their industry associations. Most associations will not allow unethical PI’s to join the membership. Additionally, you should clearly define the scope of the investigation and discuss fees and payment terms with the investigator before beginning the investigation.

In addition to the practical benefits, a business partnership between a paralegal and a private investigator can also offer financial advantages. By pooling their resources and working together, both professionals can potentially increase their income and grow their businesses. I know several teams of PI’s and paralegals who work together to increase business. The paralegal may offer forms completion and filing with the courts, and the PI may serve documents on the other parties. This relationship can be beneficial to both parties, as it allows them to make

the most of their respective skills and resources.

Overall, a business partnership between a paralegal and a private investigator can bring a range of benefits to both professionals and their clients. By combining their skills and resources, they can offer a more comprehensive and effective service while potentially increasing their own income and growing their businesses.

ABOUT THE AUTHOR

ANNA STOWE is a private investigator, mitigation specialist, speaker and mentor with offices in Sacramento and San Diego, California.”

Case Law Alert: Welcome to the “Inner Circle of Judicial Hell”

By Mike Hamilton, Vice President, E-Discovery, Exterro

E-Discovery sanctions always draw attention, but in DR Distribs., LLC v. 21 Century Smoking, Inc., the e-discovery mistakes were so profound, and compounded over so much time, that the presiding judge issued seven-figure sanctions against both the defendant and its former counsel.

OVERVIEW

Beginning a decade ago in 2012, this case stems from a trademark infringement suit between two electronic cigarette companies. Plaintiff, who held a trademark for the term “21st Century Smoke,” accused the defendant “21 Century Smoking” of violations of the Lanham Act. At the time of the sanctions ruling, the case had still not been resolved.

Throughout e-discovery, the defendant and defendant’s counsel committed numerous e-discovery mistakes resulting in spoliation and production delays, including:

• Counsel issued an oral instruction to preserve relevant email and chat messages, rather than a written legal hold.

• Counsel failed to remind the defendant to turn off automatic email and chat message deletion, resulting in the loss of relevant ESI.

• Defendant stated all relevant emails could be found on company servers, despite the use of web-based email and chat technology stored in the cloud.

• Defendant self-collected ESI without counsel’s oversight or guidance.

In October 2021, the judge stated the defendant and former counsel “[found] themselves staring down the barrel of a sanctions motion Howitzer.” In October 2022, the judge ruled on the plaintiff’s request for $4 million in e-discovery sanctions.

RULING

“Fee litigation [is] an inner circle of judicial hell.” With this statement as the first line of the ruling, readers can be certain that the judge had grown extremely tired of repeated e-discovery errors and missteps by defendant and defense counsel.

Plaintiff’s motion granted in part. Out of the plaintiff’s requested $4 million, including over $1 million based on “rare and exceptional circumstances as illuminated by the scope of the Sanction[ed] Parties’ misconduct,” $2.5 million in fees was granted, half to be paid by the defendant and half split between two of defendant’s former counsel.

Lack of timely production was very costly. The court explained that defense’s repeated late production contributed to the large amount of hours worked and consequently the large award. The

defendants “knew what went wrong… but the jaws of life were needed to extract these facts from them,” leading the plaintiff to spend “more hours in an effort to understand the shambolic discovery mess created by defendants.”

EXPERT ANALYSIS

FROM DAVID COHEN, PARTNER AND CHAIR OF THE E-DISCOVERY GROUP, REEDSMITH

This is a classic case of preservation failures and other discovery violations

causing extensive wasted time and a frustrated judge. The October 2022 opinion, awarding more than $2.5 million in sanctions, follows the Court’s lengthy January 2021 opinion, cataloging findings of multiple discovery violations and misrepresentations. In its latter opinion, the Court found those sanctions necessary to reimburse plaintiffs for additional fees actually caused by the discovery violations, plus costs of preparing their fee petition.

CASE LAW TIP

Want to learn more about recent e-discovery sanctions? Download the Exterro whitepaper, Don’t Get Sanctioned Like These Parties!

Reprinted from Exterro website post by Mike Hamilton published on March 7, 2023.

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