2007-01-Spring-Summer Advocate

Message from The Paralegal Advocate Team

We would appreciate your contribution to The Paralegal Advocate by submitting articles of interest to you to be published. Please note the deadlines for each issue and feel free to provide any information you would like published prior to the deadline. If you would like to have articles published on specific topics in the Advocate, please contact us.

- The Paralegal Advocate Team ��

THE PARALEGAL ADVOCATE

is published quarterly by the Tennessee Paralegal Association, an affiliate of the National Association of Legal Assistants, Inc. Articles and other information for the newsletter should be sent to the Advocate Team at the following address:

Tennessee Paralegal Association Attention: Advocate Team

Post Office Box 21723 Chattanooga, TN 37424

or [email protected]

DEADLINES FOR UPCOMING ISSUES:

FALL: SEPTEMBER 30, 2007

WINTER: DECEMBER 31, 2007 SPRING: MARCH 31, 2008 SUMMER: JUNE 30, 2008

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�� INSIDE THIS ISSUE: �President’s Message �East TN Regional Report �RAS Applauded: Article �Summer Board Minutes 2006 �Trivia/Crossword Puzzle �NALA CAMPUS LIVE & Upcoming Convention �Announcement/Reminder �Fall Board Minutes 2006 �Officers/Board Members 2007 �Spring Seminar: April 2007 �TPA History: Education �RAS Pledges Increased Support �Lawassa B. Jones Scholarship �Paralegal Pointers �LOUISE MULDERINK Named to NALA’s Inaugural LEAP Class �Publications Chair Message Tennessee Paralegal Association Post Office Box 21723 Chattanooga, TN 37424 ��

PUBLICATION OF THE TENNESSEE PARALEGAL ASSOCIATION

Reunions

Summer is the time for reunions. My family is planning a big family reunion for July and I cannot wait to see aunts, uncles and cousins I have not seen in 15 years or more. Days after that, NALA Liaison Caleeta Beagles, Editor of The Paralegal Advocate Laysha McCullaugh, Southeast Chapter Chair Louise Mulderink, and I will be headed to New Orleans for a “Paralegal Reunion.” I believe this will be TPA’s largest contingent in recent history to attend the NALA Annual Convention. We are very excited about this opportunity to meet with paralegal friends and colleagues from across the country and learn some good stuff.

Last year was my first time at the NALA Annual Convention and it was a great experience. The educational sessions are top-notch and it is great to soak in information and ideas from fellow professionals that we can apply to our state association. Best of all, it is a chance to make new friends and re-connect with some old ones. I am very excited that four of us will be able to attend this year as that increases the opportunities for networking and the number of ideas we can bring home to TPA.

The older I get, the more I think about reunions and how much it means to be with friends and family. I recently had the opportunity to use the internet for some personal research (as opposed to work-related research) and was thrilled with what I was able to find. Twenty-eight years ago this summer, I was an exchange student and spent the summer in Istanbul, Turkey with a lovely family. Regrettably, I had lost touch with them over the years, but had the idea I should “Google” my host sisters’ names to see if by chance I could locate them. Low and behold, within a couple of days and only two emails, I miraculously “found” them. I was able to locate a professor at a university in England with the same name as one of my sisters, who called her mother to learn the “girls” I was trying to find were her second cousins. She gave me a first cousin’s email address, and the first cousin forwarded my email to my host sister, who works for a textile manufacturer in Turkey. Now we are enjoying “catching up” via internet.

By sharing my internet reunion story, I wanted to point out that while our jobs can be very fulfilling (and time-filling) we need to take the time to re-connect and have some “down time” with the people who are most important to us. I sometimes have to remind myself that while doing my best at my job is admirable, it is not as fulfilling as sharing time with friends and family and appreciating those who have been there to shape and support us, including our paralegal friends.

Nita Gorman, our East Tennessee Chapter Chair, had the GREAT idea to start having informal socials—including chapter members’ spouses and friends. In a relaxed, unrushed setting, the theory was we could forge tighter bonds with fellow members. As soon as she mentioned this idea at our board meeting, Southeast Chapter Chair Louise Mulderink recognized this was one worth “stealing.” The Southeast Chapter had their first social at Caleeta’s house in March. What a great time! We are really a FUN bunch of people when we get out in a relaxed setting. I’m sure the East Chapter folks learned the same. I hope to be able to get to their next social and get to know them all a little better too.

Moral of my message: Reconnect. Don’t work so hard. Make time to play. I think you will find yourself re-energized. Have a great summer! – Susan TPA President

Spring/Summer 2007 Volume 25 Number 3

EAST TENNESSEE REGIONAL DIRECTOR

March 31, 2007 Third Quarter Report

The Southeast Chapter continues as our strongest chapter and remains active in their chosen projects. The Southeast Chapter had a large contingent present at the recent spring seminar.

The Hiwassee Chapter is still on inactive status; although, Louise Mulderink is in the process of contacting some paralegals in the area and sending them membership information.

The East Tennessee Chapter (“ETC”) is continuing to grow steadily due to active recruiting and the unique meeting format. The format is drawing rave reviews from members and guests alike. The ETC meets on the third Thursday of each month with a business meeting at 6:00 p.m. and the program at 6:30. The meetings are rotated between the West Knoxville area and Oak Ridge giving all members a chance for a convenient meeting. Every other meeting in each area features a hands on workshop as opposed to a speaker. We continue to have excellent speakers. Chapter chairperson, Nita Gorman is working on increasing attendance at meetings. The chapter has also had the first of many “social” meetings which help us to get to know each other better as well as spouses and significant others. Several ideas for participation in charity events have been proposed and are being studied. We have recruited two new sustaining members in the last few weeks.

Louise Mulderink is working on an East Tennessee membership mail out which should gain additional members.

Respectfully submitted, Alisa Cathcart Pruett

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April 17, 2007 RAS Lauded in Tennessee Trial Lawyer Association Publication Knoxville lawyer Thomas S. Scott, Jr., Esq. recently penned an article praising the unique services offered by Records Acquisition Services, Inc. (RAS) entitled: “New Records Discovery Service is Beneficial to Plaintiffs, Too.” The article, which lists several benefits of the service to plaintiffs in personal injury litigation, was published by The Tennessee Trial Lawyer Association (TTLA) in its Winter 2006/2007 issue of The Tennessee Trial Lawyer. – Re-printed in The Advocate Spring Summer 2007 issue with permission by RAS.

Publications Chair MessagePublications Chair MessagePublications Chair MessagePublications Chair Message

It has been a very busy year for everyone. All right you might be thinking, when is it not a busy year or day for that matter. I could not agree more. The days tend to blend in together at times and other days seem to not end. The challenges met throughout the day may be rewarding – yet looking forward to the weekend is sometimes more gratifying. This is assuming that you do not bring home work from the office. Home life, no matter the circumstances, take up more time than one realizes. It is the most important part of our life. Balancing work with your home life, family and friends; and yourself is a daily hurdle and challenge. This is nothing new. We all know it. Although, it may be taken more for granted than you realize and you are not alone. On a similar note, our association, together with each chapter has completed a very busy year; and is halfway though another. East Tennessee Chapter’s “Purple Paralegal Power” team participated in the American Cancer Society’s Relay for Life. Chris Whaley, from Roane State Community College, gave a very interesting and informative talk/workshop to their members on Paralegal Ethics; discussing different scenarios how the paralegal should handle each situation, ethically. Mr. Whaley also writes very informative articles in their local newsletter, “In Brief,” on ethics. In addition, Tracey Williams and Nita Gorman spoke to the paralegal class at Roane State Community College; while Nita Gorman and Sara Overbay spoke to the paralegal class at University of Tennessee Knoxville, about their local TPA Chapter and our profession. Editor Dawn Liz Holt continues to do a fantastic job in preparing “In Brief.” Members (and local chapters) look forward to each month’s issue and are proud of it too. As founder of a great and wonderful idea, the East Tennessee Chapter had their first two social events—a St. Patrick’s Day and a Beginning of Summer social. It was a great time for them to meet and get to know fellow paralegals better; and they learned that, out of the office, that they can be and have a lot of fun. Their next planned social is a river boat dinner cruise in August. West Tennessee Chapter’s Ernie Gray Paralegal Award was presented to Attorney Victoria Pike with the law firm of Hill, Boren, P.C. in Jackson, TN on April 27th on Law Day this year. She was nominated by her paralegal, Amanda Melton. In preparation for the Madison County Bar Association Law Day, the West Tennessee Chapter coordinates all the decoration of the hosting facility, and helps with the many details involved with putting on a luncheon for about 120 attendees; which has been an annual tradition for more than fifteen years now to them. The Madison County Bar Association never fails to publicly express their appreciation for their efforts and this year attorney Paul Nicks voiced this appreciation. This event keeps their chapter in the eye of the entire judicial community in their area; and keeps them busy planning and preparing for the next “Law Day.” The Southeast Chapter sponsored the “Alzheimer’s Memory Walk” this year, in addition to going down “Memory Lane” as a team. Fundraising for this sponsorship thus far has involved a BBQ lunch sale, a pampered chef catalog event and individual members’ separate collections at their respective offices. In addition, the Southeast chapter followed East Tennessee and had their first social, which was a great success and have another planned in August too. Their “Learn at Lunch” meetings continue to be a great success and they are looking forward to the future. Our TPA fall 2006 and spring 2007 seminar complimented local chapter meeting’s speakers and topics; providing additional chances for continuing education, networking, and not to forget socialization with fellow professionals for those able to attend. I have found that being a part of our association, despite how busy life may be, brings an additional sense of belonging, even if it is to attend a monthly meeting, seminar or to receive a hand out that comes from a meeting I was unable to attend. It compliments the quality of life that I am already leading. Please remember you are not alone. We are all here.

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TPA’s Louise Mulderink Named to NALA’s Inaugural LEAP Class

Tennessee Paralegal Association member Louise C. Mulderink, CP, has been named to the inaugural class of 15 paralegals from throughout the nation to participate in NALA’s new Leadership Enhancement and Preparation (LEAP) program. The class will have its first meeting during the 32nd annual NALA convention this July in New Orleans. Michelle Erdmann, ACP, Chair of NALA’s Professional Development Committee that conceived and developed the LEAP program, announced the class selection in June, stressing the important role these participants will play. “Preparing future leaders is crucial to the success of our Association,” she said. “These first LEAP participants will set precedents and tradition for the future of the program, the Association, and the paralegal profession. We envision the LEAP program as an ongoing part of NALA’s mission to remain the leading paralegal association in the nation.” The class will be divided into smaller teams that will undertake research and reading assignments. There will be monthly Internet “Webinars” on subjects ranging from general information on the paralegal profession and the structure of NALA to specific leadership skills such as public speaking and association governance. No program is scheduled for December, and May and June are to be devoted to team projects to demonstrate the participants’ grasp of LEAP objectives. All groups will be doing a presentation at the 2008 convention. There is the possibility that one group (or more) will be chosen to do a presentation to the membership at the meeting. There is no enrollment fee for the program, but participants have a significant time commitment and incidental costs associated with buying texts and attending the requisite annual convention meetings at the beginning and end of each “LEAP Year.” Each participant who successfully completes the program will receive a Certificate of Completion. Other members of this first class are: Patty H. Allred, ACP, Salt Lake City, UT Mona H. Chandler, CP, Daingerfield, TX AmyJo Clingan, CLA, Jacksonville, FL Ruth S. Conley, CLA, Houston, TX Julie M. Daniels, ACP, Wichita, KS Ida Farhat, ACP, Lansing, MI Kristine M. Hill, CLA, Pensacola, FL Melissa M. Klimpel, ACP, Bismark, ND Susan Kay Lewis, CLA, Cheyenne, WY Debra L. Overstreet, CP, Broken Arrow, OK Kathleen M. Rosenstock, ACP, Glendale, CA Lorena A. Shingleton, ACP, Charleston, WV Melissa M. Wickerath, CLA, Ankeny, IA Joan E. Wiley, ACP, Las Vegas, NV More information about LEAP may be found on the NALA Web site at www.nala.org, or by contacting NALA Headquarters at 1516 S. Boston Avenue, Tulsa, OK 74119; (918) 583-5485.

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TENNESSEE PARALEGAL ASSOCIATION

WINTER BOARD MEETING February 3, 2007

President Susan Veal called the 2007 Winter Board Meeting of the Tennessee Paralegal Association to order at 11:25 a.m. CST at The Merchants Restaurant in downtown Nashville, Tennessee. Members in attendance were: President Susan Veal; Treasurer Phyllis A. Carter; First Vice President Tracey Williams, CBA; Second Vice President and Southeast Chapter Chairperson Louise Mulderink, CLA; Secretary Tammie C. Murphy, CLA; NALA Liaison Caleeta Beagles; East Tennessee Chapter Chairperson Nita Gorman; West Tennessee Chapter Chairperson Tammy Bradford and Publication Chairperson Laysha McCullaugh. President’s Report Susan Veal stated that TPA’s goal this year will be recruitment and keeping members. Ms. Veal also reported that Louise Mulderink will now be in charge of our website. Members should send items, changes, suggestions and any additions regarding our website to Ms. Mulderink’s attention. Ms. Veal will remind each of the chapter chairs to send in any updated information regarding their chapters to be included in the website Treasurer’s Report

As of December 31, 2006, the checking account balance is $5,316.46 and the savings account balance is $2,812.08. After disbursements, the balance in the checking account as of February 3, 2007 is $1,693.47 and the balance in the savings account remains $2,812.08. Phyllis Carter reported that TPA did make money from the Fall Seminar. Susan Veal reported that the web master will charge us $50.00 per quarter this year for keeping the site updated. First Vice President’s Report The Board discussed having a cutoff date for registration and adding an extra $5.00 or $10.00 for late registrations. Also, if an attendee cannot attend a seminar, we should have a cutoff date in which to receive a full refund and a later date for a partial refund. We cannot return to the Millennium Hotel this year because they are booked in November of 2007. The Hilton Suites in Brentwood has completed their renovations so we decided to return there. We also decided to have a breakfast buffet. We need to decide where to place our vendors. We discussed maybe renting a room which could be less expensive than renting vendor tables. The Fall Seminar will be held during the first weekend in November. Second Vice President’s Report Louise Mulderink reported that she has prepared the membership forms and that members or potential members can now review, fill out and print the forms directly from our website. Ms. Mulderink has drafted a recruitment letter and will email the letter to Board members for their review and approval. Louise will work closely with Alisa Pruett regarding recruitment of new members. Our goal is a ten percent increase in membership for 2007. She is pushing hard at the bigger Chattanooga firms, which have great membership potential. She is also thinking about contacting people in the Cleveland area and maybe scheduling a reception or a meeting there to draw in potential membership. Ms. Mulderink will send out the recruitment letters this month. The Board discussed sending reminders to the membership to renew for the upcoming year. The West and East Tennessee Chapter Chairs will send their current membership lists to Louise so she can mail out membership information and reminder emails. She will also put in a link to the membership form on our website. Louise also plans to follow up on possibly setting up a Nashville Chapter. The Board briefly discussed possibly scheduling a reception for potential members in Nashville.

LAWASSA B. JONES MEMORIAL SCHOLARSHIP COMING UP AT FALL SEMINAR!

The Tennessee Paralegal Association (TPA) will announce its annual Lawassa B. Jones Memorial Scholarship recipient at its Annual Meeting in November. The Lawassa B. Jones Memorial Scholarship is a $750 scholarship that is awarded annually to a student pursuing a degree in paralegal/legal assistant studies. All current paralegal/legal assistant students are eligible and are encouraged to apply. Many of our scholarship applicants have gone on to become successful paralegals!!

The criteria that the TPA Board members review in awarding the scholarship include financial need, scholastic ability, leadership and extracurricular activities. The application along with a letter of personal recommendation; a letter of scholastic recommendation (including an official copy of the student’s transcript); and a short statement explaining the student’s reasons for applying for the scholarship and why he/she chose to become a paralegal must be sent to the TPA Scholarship Committee Chairperson at the address listed on the application by October 1st of each year. Please do not send your completed application to the TPA Post Office Box as that could delay the processing of the application.

After the winner of the scholarship is announced by the Board, the recipient is immediately notified by mail and a check in the amount of $750.00 is forwarded to the recipient’s school to be credited to the recipient’s account for future use for tuition, books and any other school related items and expenses.

For further information concerning the Lawassa B. Jones Memorial Scholarship, please contact: Tammie C. Murphy at [email protected] or go to our website @ tnparalegal.org/scholarship.html and download an application.

Paralegal Pointers

Scraps of paper, several notepads, and you know you just had that phone number somewhere . . . Try keeping a notebook containing the various information that you need to refer to often – such as firm phone numbers, client phone numbers, your favorite court reporter. You might even want to add those pesky, but necessary, billing numbers, as well as computer passwords, etc. Since it’s all in one place, you can just grab the notebook and easily find what you need.

Having one of those days when your desk looks like Mt. Kilimanjaro and you just don’t where to begin? If you start to feel particularly overwhelmed, it helps to clear everything off of your desk and stack it in a neat pile on the floor where you can’t see it. Then just put one project or one piece of paper at a time on your desk to work on it until you are finished with it and can file that project or paper. It will help you focus on one task at time and you’ll get it done faster.

Got a Pointer? Send it to Editor @ ��+��

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Smith Reporting Agency provided refreshments for the 1984 annual seminar which was held on November 17 at the Choo Choo Hilton in Chattanooga. The subject of the seminar was not substantive law, but, Your Paralegal Career. The morning session, subtitled The Job of Finding a Job, featured Gayle Wood, a counselor with Cleveland State Community College, who discussed “Career Planning” and a panel composed of Ms. Wood, Dr. Bruce Mallard, President of Southeastern Paralegal Institute in Nashville, and Evelyn Caylor, owner of Caylor Paralegal Services and President of TPA. The panel discussed career planning and answered questions from the audience. The afternoon session, subtitled The Difference Between a Job and a Career, was kicked off by Richard W. Bethea, Jr., an attorney with Stophel, Caldwell & Heggie, P.C. in Chattanooga, who discussed “Realizing Your Potential as Paralegal.” He was followed by Dr. Mallard, who discussed “The Paralegal Career and Job Commitment.” Following Dr. Mallard’s talk, a second panel composed of Mr. Bethea, Dr. Mallard and Collette Jones responded to questions from the audience.

A highlight of this seminar was national recognition of Mr. Bethea’s comment that the prerequisite for realizing our potential as a paralegal is a KIT, composed of Knowledge, Initiative and Training. Alic Penney, First Vice President of NALA, who attended, wrote a short article about this acronym for the November-December 1984 issue of NALA’s publication Facts and Findings. We did encounter one problem with this excellent seminar. During the morning session, we were continually interrupted by loud cheers and applause from a sales convention next door. We complained and the sales convention was moved.

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NALA Liaison Report Caleeta Beagles reported that she is fielding a lot of questions about NALA issues. The affiliate sent information regarding membership drives as NALA has membership resources available. Ms. Beagles reported that NALA’s convention this year will be held in New Orleans July 11-14, 2007. The charge for the seminar is $480.00. Chapter Reports

A. Southeast Chapter--The Chapter is a sponsor of the Chattanooga Alzheimer Association. The Chapter has had good attendance at their meetings. The Chapter plans to focus on fundraising this year.

B. East TN Chapter --- Nita Gorman’s report included the events held by the Chapter last year. The Chapter’s goal this year is to increase its membership. The Chapter plans to continue scheduling outside events such as community walks and get-togethers at members’ homes.

C. West TN Chapter --- The Chapter held its annual election. LaFran Plunk is the new vice president and Tammy Bradford is the Chairperson. Amy Cummings and Linda Lamb will both serve as co-secretaries.

Old Business Bylaw revisions --- Jennifer Petty has the revisions. We are still waiting on the final draft of same. The Board discussed the sustaining membership fee ($60.00). If they choose to be affiliated with a chapter then the charge would include an additional ($5.00) but the sustaining member would not have voting privileges. We discussed including sustaining members as chapter members and not charging additional fees for chapter affiliation. We discussed the fact that members cannot be chapter members unless they pay chapter dues. The Board decided to table chapter revisions to be discussed at our next membership meeting. President Susan Veal will ask Jennifer Petty to include the revisions, which were voted on and approved at our last Board meeting, in the Bylaws and print and send them to the membership. As suggested before by Alisa Pruett, the Board discussed giving new members membership certificates with our new logo and color. Louise Mulderink will handle this. Publications Committee Report Laysha McCullaugh discussed including NALA’s Fact & Findings articles (to be reprinted with permission) and articles from attorneys in upcoming issues of The Advocate. New Business The Board discussed our upcoming Spring Seminar to be held on April 20-21, 2007 in Sevierville, Tennessee. The Board also discussed holding a board meeting via teleconference. We may try it once and see how it works, maybe at our summer meeting. Meeting was then adjourned at 1:30 p.m. CST Respectfully Submitted, Tammie C. Murphy Tammie C. Murphy, CLA Secretary, Tennessee Paralegal Association

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Answers following pages

The spring 1983 seminar was held in Jackson at the Madison County Courthouse on April 9. The topic was Personal Injury Litigation. Speakers were Jackson attorneys. Franklin Murchison, a partner with Spragins and Murchison, presented the Plaintiff’s View, James D. Todd, a member of Waldrop, Farmer, Todd & Breen, P.A., presented The Defendant’s View and Mary Jo Middlebrooks, a sole practitioner, presented The Paralegal’s role in Personal Injury Cases. Mr. Murchison stated that, once an attorney has decided to take a case, the important decisions are who to sue, when to sue and where to sue. It was Mr. Todd’s opinion that the plaintiff has the advantage in a case. Ms. Middlebrooks described the ideal paralegal as a person with training and experience in medicine, psychiatry and investigation, in addition to having superior paralegal skill. All three speakers were interesting and effective. This was an outstanding seminar.

In 1983 we received a good education in real property. On June 25 TPA held a Real Estate seminar at the Holiday Inn North in Cleveland. Doris Peak, a legal assistant with Milligan-Reynolds Guaranty Title Agency discussed “Real Estate and the Paralegal;” Elizabeth Winter, an attorney with Lawyer’s Title and Escrow, Inc., discussed “Residential Property”, Ross I. Shram, III, a lawyer with Shumacker, Thompson & Dycus, discussed “Commercial Property” and stockbroker Ken Jones discussed “The Tax Advantages of Owning Rental Property.” Attendance at this seminar was good and we learned quite a bit about real estate.

The fall seminar was held at the Knoxville Hilton on September 10, 1983. Joan Lawrence, an attorney with Sidney Gilreath, spoke on Lease Agreements. William C. Myers Jr., member of Stophel, Caldwell & Heggie, P.C. spoke on Real Estate Contracts. Attendance at this seminar was poor, but Ms. Lawrence and Mr. Myers both did a superb job.

The subject of the 1983 annual seminar was Tax Law. It was held at the Nashville Marriott Hotel on November 19 and was announced by our first printed brochure. James C. Gooch, an attorney with Bass, Berry & Sims in Nashville, told us about “Divorce and Taxes.” Albert W. Secor, A Chattanooga attorney, discussed “Estate Planning” and “Personal Income Tax.” James Foster, a CPA with Payne, Miller & Oliphant in Chattanooga, discussed “Bankruptcy Tax.” Those of us who thought taxes were a dull topic were pleasantly surprised by these knowledgeable and entertaining speakers.

Our spring seminar continued the tax them with Tax Favored Investing, held at the River Terrace in Gatlinburg on March 23 and 24, 1984. Speakers were William M. Barnett, an investment counselor with Barnett & Co., Inc.; George P. Crews, CPA with Hazlett, Leis & Bieter, and Vick Speed, partner with Buhrham & Speed, P.C., all Chattanooga professionals. They gave participants a thorough grounding in the following subjects: The Current Economy and Beyond; What Kind of Investments Perform Well; How to Analyze a Tax-Sheltered Investment; What Kind of Tax-Sheltered Investments Perform Well; Analysis, Comparison & Guide to Tax Favored Investments (Other than Tax Shelters); Your Business as a Tax Shelter; A Description and Comparison of Deferred Compensation Plans, Including IRC §401 (K) Plans and VEBAs; and Investing Qualified Plan Assets.

In June we traveled to Cookeville for a seminar entitled Social Security Claims from Start to Finish, which was held at Tennessee Technological University. Scott Lytal, an attorney ywith John Poteet’s office in Cookeville, opened the program with “A General View of Social Security Claims” and later followed up with an explanation of what happens “After Appeal.” Peggy Pleasant, a paralegal with Knoxville Legal Aid, told us how a paralegal handles a social security claim “From Filing to Appeal.” The final speaker of the day was Carol Redmon, an attorney with the Knoxville Office of Hearings and Appeals, who explained “How the Claim is Handled in the Office of Hearings and Appeals.” Scott Lytal pointed out that social security is one area which doesn’t limit the paralegal. Unlike other areas of the law, a paralegal can do everything in a social security case. This was an excellent seminar - - from start to finish.

The fall seminar, our second on Bankruptcy, was hosted by West Tennessee members on September 15, 1984 at the Ramada Inn in Jackson. Five knowledgeable and articulate speakers explained bankruptcy. Mary Jo Middlebrooks, a Jackson attorney, explained “The Debtor’s Attorney’s Role.” Charles R. Pettigrew, an associate with Moss, Benton & Wallis, a Jackson law firm, discussed “The Creditor’s Attorney’s Role.” George W. Stevenson, Standing Chapter 13 Trustee for Memphis and West Tennessee, explained “The Trustee’s Role in Chapter 13.” George Emerson, Jr., an associate with Udelson, Turnage & Blaylock in Memphis, explained “The Trustee’s Role in Chapter 7.” David S. Kennedy, Bankruptcy Judge for the Western District of Tennessee, presented a “Bankruptcy Law Overview.” This was an excellent seminar which updated our knowledge of bankruptcy law and greatly entertained us.

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The Tennessee Paralegal Association History: Education (1981 – 1984)�

In celebration of our 25+ years and as a tribute to our founding members, we printed the “First Five Years” in our 2006 Spring Issue. It was the first portion of our history prepared by founding member, Lawassa Jones. Then in our 2006 Fall Issue the “Commentary” for the next five years (1986 – 1990) was printed; followed by “Chapter Activities (1981 – 1990)” in our 2006 Winter Issue. Lawassa included Chapter Activities, Education, and TPA Officers through the Years for the State and Local Chapters (1981 – 1990) in this “History” she prepared. Below is the “Education (1981 – 1984)” section Lawassa wrote. Additional sections will follow in future issues to come through The Advocate. We lost Lawassa to cancer in 1995, but the history she prepared through 1990 will be with us forever. Historian and co-founding member, Susan Westmoreland, has been updating Lawassa’s work to bring us through to 2005 and we will print her updates in future issues.

One of TPA’s purposes is “To develop, encourage and support programs for the education of paralegals and the general public …” From its beginning the organization has been committed to this purpose. During its first year of operation as East Tennessee Paralegal Association an education program was conducted at almost every monthly meeting.

On November 21, 1981, TPA held its first seminar - - A Free Legal Seminar - - at the Red Bank Lions Club. The four speakers for this seminar presented an excellent program. Wilma Dodson, a Cleveland attorney, discussed “Wills and Estates Under the New Tax Reform Act.” The Honorable Samuel H. Payne, Circuit Judge for the Sixth Judicial District in Hamilton County, discussed “Domestic Relations - - from a Judge’s Viewpoint.” Stan Lanzo, Assistant District Attorney for Hamilton County, and Leroy Phillips, a Chattanooga Defense Attorney, discussed “Criminal Law.” Mr. Lonzo presented the prosecution’s case and Mr. Phillips presented the defense. Memorable comments from this seminar include Judge Payne’s statement that “A major cause of divorce is the immaturity of one or both partnes” and Leroy Phillips statement that “I have never defended a guilty person in the Criminal Court.” Mr. Phillips was referring to the legal principle that a defendant is presumed innocent until proven guilty. TPA officers and members received many compliments on this seminar from those attending.

In 1982 TPA began holding quarterly seminars. The first seminar of this year was held on March 20 at the University of Tennessee at Chattanooga. Carol Bruno, a free lance paralegal from Atlanta and author of The Paralegal’s Litigation Handbook, conducted an excellent Assertiveness Training seminar. Ms. Bruno passed out a “Paralegal’s Bill of Rights” to those attending. She is a dynamic speaker who conducted an excellent seminar.

The second seminar of 1982 was held at Music City Rodeway Inn on June 12. Carol L. McCoy, a partner with Farrell & McCoy, discussed Marriage, Divorce and Property Rights in Tennessee. Ms. McCoy co-authored a pamphlet with this title for the Commission on the Status of Women in 1978. Ms. McCoy mentioned that she was puzzled that one client, who seemed to have a perfect husband, wanted a divorce. The husband frequently presented his wife with expensive gifts. Then Ms. McCoy learned that each gift was offered only after the man had severely beaten his wife. Things aren’t always what they seem.

When plans to hold the September seminar in Knoxville collapsed, the Red Bank Lions Club was quickly procured. For the first time, TPA charged a registration fee for a seminar. The fee was $5.00. Although attendance was pathetic (This is the most poorly attended seminar in TPA history), Richard W. Bethea, a lawyer with Stophel, Caldwell & Heggie, P.C., presented an outstanding program titled The Use of Audio Visual Aids in the Courtroom. Mr. Bethea is an eloquent and entertaining speaker who should always have a large audience. He did a good job of educating those who attended.

The 1982 annual seminar, on Bankruptcy, was our first full day seminar. It was held on November 13 at the Read House in Chattanooga. Speakers and their subjects were: Evelyn Caylor, a Legal Assistant with Kyle, Ellis, Weems & Copeland – Bankruptcy and the Legal Assistant; C. Kenneth Still, Standing Chapter 13 Trustee for the Eastern District of Tennessee - - Review of Chapter 13; Mark J. Mayfield, a creditor’s attorney - - Bankruptcy and the Creditor; Richard P. Jahn, A Debtor’s attorney and member of the Panel of Bankruptcy Trustees - - Review of Chapter 7; Kyle R. Weems, Partner with Weill, Ellis, Weems & Copeland and member of the Panel of Bankruptcy Trustees - - Responsibilities of Chapter 7 Trustee. This excellent seminar was well-attended and once again, TPA members received many compliments. Unfortunately, it was not without drawbacks for on person who call all the way from Jackson. Bettie Taylor Puckett had problems with her room and her hubcaps were stolen! Page 14

NALA CAMPUS LIVE SCHEDULE

All Times Central Daylight Time

Ethics by Vicki Voisin, ACP – 12 to 1:30 PM Thursday, August 16, 2007 Legal Research by Virginia Koerselman, Attorney – 11 AM to 1PM Friday, September 7, 2007

Civil Litigation Part 1 by Karen Sanders-West, ACP, JD – 3 to 5 PM Tuesday September 11, 2007 Civil Litigation Part 2 by Karen Sanders-West, ACP – 3 to 5 PM Thursday September 20, 2007

Civil Litigation Part 3 by Karen Sanders-West, ACP, JD – 3 to 5 PM Thursday September 27, 2007 Deciphering the Medical Record by Amy Temkin – 11 AM to 12:30 PM Tuesday October 9, 2007

Advanced Ethics by Vicki Voisin, ACP – 12 to 1:30 PM Thursday October 18, 2007 Find it Fast & Free on the Internet by Karen Sanders-West, ACP, JD – 3 to 5 PM Tuesday October 23, 2007

Daubert Your Experts by Patricia Gustin, CP, CFEI – 11 AM to 12:30 PM October 25, 2007 �

See ��;BB��B��=F�� for additional classes & remaining information

NALA Convention: Learning Experience /Networking /Sharing of Ideas/ Fellowship and Relaxation with Fellow Professionals

ANDANDANDAND LEAP CLASS of 2008 Selected!LEAP CLASS of 2008 Selected!LEAP CLASS of 2008 Selected!LEAP CLASS of 2008 Selected!

See following pages for additional details

ANSWER KEY PART 1

v e t s s v r y b r i t s r a v a l r e s p a e f o s y a t s n u c y e m i l e b v c u i t p b s a i t h n p a r t l s q t e i m n o i c p m u i s v c u p c r s p i e u f l r a e r u t b e r n e i s u s u e p v b n o a l s n t l b f u d e d m d e b e n t u r e s t v a d s t r l t s i d e q i q e m v c h d l e p e c u n i a r y s a c m e c u a d r v p t v m f r r y e a v u n p t o n t e h v c e p u t e s t v t l p y u q p u i n i v r e t a o h c n i b a i c p o s f e a d o s f p n c u b s a e m t v u d u f y c l r e e n i y a m n s v y t l s y q n s o t i l u s p b v t r l v s e o i s n t e d u a e s e s d t v a f y e a d a v s b u t o q p l v c e r b a q o u d t b c v e a h t c r e i v i b h p r e t u a r n l t h a f m d s o d i s t n o i u h v s b i e y a r e p l e v i n p v a o a b u c o n e s l d u v u s v a n t a s s p n f r r s i v f u l f n t d m v u m v y f q u s e a m e t y m l q v y a v h e i o c u m d c v e p l n c h i a e e l p l a c f d y n h t n a l l e p p a s r b e b y l s y r n o r a v o s e f a m t r d b i s r h v c h p s r f u e n r a n o i t a v o n e t s a e b p d v e v s t i b n t l u r s h a v f a e m s i h y f t i u n o i s r e v n o c h r t n d u r e s s e e s r e b m s u r e t y n e a v o e t c a b n d

��

Membership Contest

Recruit – Recruit – Recruit As an incentive to recruit new members, we have our annual Membership Contest. Each time your name appears on the referral line on an application received for a new member, your name will be put in the hat for a drawing at our Annual Meeting. First, second and third place prizes will be awarded. Watch future issues of The Paralegal Advocate for announcements on the prizes to be awarded.

Spring Seminar: Sevierville, TN Oak Tree Lodge at Five Oaks

Our Spring Seminar was a huge success. Many thanks go to Alisa Pruett and Tammie Murphy, who invested countless hours into coordinating this seminar. We had one of TPA’s best speaker line ups, and it is always invaluable to meet our paralegal friends from around Tennessee to share and learn new ideas. Again, thanks Alisa and Tammie, and all of those who worked so hard on this seminar.

– Nita Gorman, Litigation Paralegal, Chapter Chair, East Tennessee Chapter Speaker Jennifer Pearson Taylor Esq. shared “Unlocking HIPAA” an in depth look at the many requirements that healthcare providers have to follow in the course of treating patients and maintaining their medical records; including proper recording, tracking and releasing the patient’s care. – Anita Petel, Esq. discussed “Immigration” revealing the complicated web surrounding immigration law masterfully in her presentation. It brought a better understanding to our audience of the strict guidelines that have been made and the guidelines that are currently followed. – Hillary Jones, Esq. and Ben Jones, Esq. covered “Depositions,” showing the many ways a paralegal/legal assistant prepares for depositions of all types, including preparing witnesses (and the attorney) to the deposition summary reports and notes. Sherry Hicks of Legal Image covered “E-Discovery,” including preserving evidence and the many concepts involved in electronic discovery. Kendall Shull of Kendall Investigations talked about “Polygraph Usage” and wrapped up the end of the seminar showing how the testing process depicted whether the tested individual was being honest, or not so honest. �

Hillary B. Jones, Esq. taking questions Jennifer Pearson Taylor, Esq. “Unlocking HIPAA”

Sherry Hicks “E-Discovery” Kendall W. Shull “Polygraph” Attentive Audience

A special thanks to Sherry Hicks of Legal Image for stepping in and covering a seminar section in place of a speaker who was unable to make it to the seminar. And thanks to Legal Image for all you do to support TPA!

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ANSWER KEY PART 2

Amnesty – A sovereign act of forgiveness for past acts

Appellant – The party who takes an appeal from one court or jurisdiction to another

Appellee – The party in a cause against whom an appeal is taken

Arbitration – A process of dispute resolution in which a neutral third party (arbitrator) renders a decision after a hearing at which both parties have an opportunity to be heard – decision binding

Bequest – A gift (transfer) by will of personal property; a legacy

Choate – That which has become perfected or ripened as e.g. a choate lien

Conversion – An unauthorized assumption and exercise of the right of ownership over goods or personal chattels belonging to another, to the alteration of their condition or the exclusion of the owner’s rights

Debenture – Long term unsecured debt instrument, issued pursuant to an indenture

Duress – Any unlawful threat or coercion used by a person to induce another to act (or to refrain from acting) in a manner he or she otherwise would not (or would)

Equity – Justice administered according to fairness as contrasted with the strictly formulated rules of common law

Escheat – A reversion of property to the state in consequence of a want of any individual competent to inherit

Estoppel – That party which is prevented by his own acts from claiming a right to detriment of other party who was entitled to rely on such conduct and has acted accordingly

Inchoate – Imperfect; partial; unfinished; begun, but not completed; as a contract not executed by all the parties

Indemnify – To restore the victim of a loss, in whole or in part, by payment, repair, or replacement

Interlocutory – Provisional; interim; temporary; not final

Laches – Neglect to assert a right or claim which, taken together with lapse of time and other circumstances causing prejudice to adverse party, operates as bar in court of equity

Libel – A method of defamation expressed by print, writing, pictures, or signs

Malfeasance – Evil doing; ill conduct

Mediation – Private, informal dispute resolution process in which a neutral third person, the mediator, helps disputing parties to reach an agreement arrangement to attempt settlement – mediator holds no power to impose a decision on the parties

Misfeasance – The improper performance of some act which a person may lawfully do

Novation – A type of substituted contract that has the effect of adding a party, either as obligor or oblige, who was not a party to the original duty

Nuncupative (will) – An oral will declared or dictated by testator in his last sickness before a sufficient number of witnesses, and afterwards reduced to writing

Pecuniary – Monetary; relating to money; financial; consisting of money or that which can be valued in money

Recidivist – A habitual criminal; a criminal repeater

Replevin – An action whereby the owner or person entitled to repossession of goods or chattels may recover those goods or chattels from one wh has wrongfully distrained or taken or who wrongfully detains such goods or chattels

Slander – The speaking of base and defamatory words tending to prejudice another in his reputation

Usury – Charging an illegal rate of interest Definitions are from Black’s Law Dictionary Sixth Edition from Centennial Edition (1891 – 1991) West

Page 12

TENNESSEE PARALEGAL ASSOCIATION

FALL BOARD MEETING November 3, 2006

President Susan Veal called the 2006 Fall Board Meeting of the Tennessee Paralegal Association to order at 9:15 a.m. CST at Millennium Maxwell House Hotel in Nashville, Tennessee. Members in attendance were: President Susan Veal; Treasurer Phyllis A. Carter, CTFA; Secretary Tammie C. Murphy, CLA; East Tennessee Chairperson Tracey Williams, CBA; NALA Liaison Caleeta Beagles; Southeast Chapter Chairperson Louise Mulderink, CLA; Susan Westmoreland, CEBS; Linda Lamb and Jennifer Petty.

I. First Vice President’s Report Tracey Williams passed out her detailed Vice President’s Report which outlined the revenue, expenses and estimated profit from the Fall Seminar. A copy of the Report is attached to these minutes and is incorporated herein as it reprinted verbatim. Ms. Williams’ report outlines the expenses and number of attendees. One attendee gave sufficient notice so that she is eligible for a refund but wants the materials. TPA also paid for the hotel room for the NALA speaker. Also attached was a list of the vendors and how much each paid. Ms. Willliams encouraged members to visit the vendors.

II. Chapter Reports

A. Southeast Chapter --- Louise Mulderink reports that the Chapter continues to remain active in their community. The Chapter raised $1,000.00 toward their $3,000.00 goal for the Alzheimer’s Association. They are selling t-shirts and car magnets to raise money. Their next meeting will be in November when they intend to elect new officers for upcoming year. In December, they will have their annual Christmas party and make their gingerbread houses.

B. East TN Chapter --- Tracey Williams passed out her written report. The East Tennessee Chapter has had

great speakers for the past several months. The chapter continues to work on increasing attendance at its monthly meetings. They will participate in local Angel Trees for their fall service project. Their Christmas Party will be on December 14, 2006 when they will elect officers for 2007. Tammie Murphy and Alisha Pruett are planning the Spring Seminar.

C. West TN Chapter --- No written report as their Chairperson was absent. Fellow Chapter member Linda

Lamb reported that the Chapter will continue to meet in the evenings and continues to have good turn out at their meetings. The Chapter held new membership meetings resulting in three new members.

III. Reading/Approval of Minutes of Summer Board Meeting Since much of this Board meeting was devoted to the discussion of the bylaw revisions, the Board was unable to discuss the Summer Board Meeting minutes. Tammie Murphy will email the minutes to the Board to the review and approve.

IV. Treasurer’s Report The Treasurer’s Report from August 5, 2006 to November 2, 2006 and report from January 1, 2006 to November 2, 2006 are attached hereto. As of November 2, 2006, the checking account balance is $4,446.46 and the savings account balance is $2,811.37. Phyllis Carter pointed out that there was a charge of $26.50 for a returned check and fee and that she is working on clearing this charge. The application was sent in without an initiation fee and the applicant’s check later bounced. The member will make pay for check and the bank fees. Ms. Carter also passed out her proposed budget for 2007 which is also attached to these minutes. We are up to a total of 98 members now. Also, the budget also set asides $275.00 to pay the treasury surety bond.

We will also add in a “Member Since” line to the Membership Roster so that we can keep a track of the 20-year membership rule.

Motion was made to approve the Treasurer’s Report which was approved and submitted for audit. Motion was also made and passed that the 2007 budget be submitted to the membership for its review and approval.

V. President’s Report – See Old Business/Bylaw revisions. VI. Second Vice-President’s Report – No report given VII. NALA Liaison Report – No report given due to lack of time. VIII. Region Director Reports The directors were absent and no reports were given. The Board briefly discussed the length of the term of the Regional Directors. Board tabled the matter to discuss at a later date. IX. Old Business Caleeta Beagles discussed the Bylaw Committee’s ongoing revisions to TPA bylaws. Board members had a conference call with Alisha Pruett who suggested changes to Section 10.7 particularly, the last sentence contained therein. The following issues were discussed:

1. A chapter cannot make a last minute donation to an organization. Any monies left in the Chapter should go back to the TPA. Once a chapter decides to leave the TPA, then whatever is in that chapter’s treasury goes to the TPA.

2. Each chapter should have control of its money and whether the TPA should we take away that right. 3. The Board discussed adding the following provision: A Chapter should give at least a 90-day written

notice of its intention to dissolve from the TPA to all members of the TPA Board. At that point, the money/assets in that Chapter’s treasury shall be converted to the custody and control of the TPA. The State’s Treasurer will then manage the Chapter’s money and bills.

4. Article 1.7 Chapters – The Board discussed several issues regarding the TPA’s relationship with its individual chapters. The Board decided that the chapters are not separate entities from the TPA. The Board also discussed how the TPA can govern the assets of each chapter and whether the chapters should be required to give notice to the TPA when they decide to donate any monies in their treasury over a certain amount. The Board will amend Section 1.7 to refer to the Section 1.2. Charitable donations should be published in The Advocate.

They revisions and additions are as follows:

• Added Article 1.7 Chapters. • Changed Article 1.6 to “Regions” • Article 2.28 – Life Time Membership. The Board also discussed Life Time Membership status. Those

members who have been active in the TPA for twenty years or more can attain Life Time membership in the TPA. The Article currently states that Life Time Membership is contingent upon retirement from the paralegal profession after twenty years. We need a qualifying statement because some twenty-year members do not retire and some do not pay their own dues. We also discussed the fact that what if a lot of members retire or reach the twenty-year plateau and stop paying their dues at the same time. Should this status be afforded to only those members who pay their own dues? Life Time Members would still would have voting privileges and still be eligible to serve as officers and board members. We discussed letting the 20-year member decide whether to pay memberships dues or not.

• The Board also discussed the fees for sustaining members. The Board discussed whether sustaining members should pay chapter dues or pay one flat fee. There is nothing in the Bylaws that addresses dues of Associate members. Board also discussed whether sustaining members should also be considered chapter members. We must decide whether sustaining members should be required to join a Chapter or if they should be considered at-large members of TPA. They would have no vote in the Chapter but could vote with the TPA. Ms. Pruett suggested incorporating sustaining members into the chapter’s membership. Ms. Beagles: sustaining members should pay local chapter dues and we could adjust the chapter dues to say $5.00 so that the sustaining member can be a member of the Chapter and of TPA. Initiation should be waived and no renewal fee for sustaining and associate member. We also discussed giving sustaining and associate members the option of joining a chapter with a suggested additional fee of $5.00.

• Article 4.2 Dues – If you are reinstating, you must pay delinquent dues. This should be put into the new application.

• Article 5.0 – Added email and teleconference and also added teleconference for voting. No proxy voting [for

some voting] shall be allowed but teleconference voting should be allowed. See Rule 11(c).

• Article 7.3 – Term of office. An officer/board member, who is doing an outstanding job in his or her office, can serve more than two (2) terms with the express consent of the TPA membership.

Caleeta Beagles and Jennifer Petty will continue work on these revisions to the Bylaws and will present them to the membership for review and approval. Motion was made to approve the proposed Bylaw revisions as presented by the Bylaws Committee. Said Motion was seconded and approved.

Website Committee Report – No report given Publications Committee Report The Board discussed having a “point” person from each chapter to contact Laysha McCullaugh to add information to be included in The Advocate. The Member can contact Laysha via email. The Board also discussed emailing The Advocate to the membership. The Board decided to include an option in the membership application asking if the applicant prefers to receive The Advocate via email or by regular mail. Motion was made and passed that we include an option of sending The Advocate via email or by regular mail. Our goal is to send The Advocate primarily by email. Scholarship Committee Report The Board voted and announced that Ms. Dottie Patrick of West Tennessee is the winner of the 2006 Lawassa Jones Memorial Scholarship. Congratulations to Ms. Patrick Outstanding Member The Board voted and announced that our Outstanding Paralegal for 2006 is Ms. Dawn Holt from the East Tennessee Chapter of TPA. Congratulations to Dawn. – Meeting was then adjourned at 11:59 a.m. CST Respectfully Submitted, Tammie C. Murphy, CLA TPA Secretary

2007 TPA Officers and Board Members (Contact the officers/board members via our website: www.tnparalegal.org)

President: Susan E. Veal, Miller & Martin PLLC, Chattanooga First Vice President: Tracey A. Williams, CBA, Mostoller, Stulberg & Whitfield, Oak Ridge Second Vice President: Louise C. Mulderink, CP, Husch & Eppenberger, LLC, Chattanooga NALA Liaison: Caleeta L. Beagles, Blue Cross Blue Shield of TN, Chattanooga Secretary: Tammie C. Murphy, CLA, Toppenberg & Burke, Knoxville Treasurer: Phyllis A. Carter, CTFA, SunTrust Bank, Chattanooga East Region Director: Alisa C. Pruett, Baker McReynolds O’Kane Atkins & Thompson, Knoxville West Region Director: LaFran Plunk, West Tennessee Legal Services, Jackson East Tennessee Chapter Chair: Nita Gorman, LAW OFFICE, CITY S.E. Tennessee Chapter Chair: Louise C. Mulderink, CP, Husch & Eppenberger, LLC, Chattanooga West Tennessee Chapter Chair: Tammy R. Bradford, Hill Boren PC, Jackson Historian: Susan Westmoreland, CEBS, Horton, Maddux & Anderson, Chattanooga Publications Chair: Laysha M. McCullaugh, The Fleissner Firm, Chattanooga

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2007-01-Spring-Summer Advocate

Documents

Transcript of 2007-01-Spring-Summer Advocate