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Paragram Oregon Paralegal April-May 2017 Association Volume XXXVII, Issue VI Editor: Diane Thompson, OCP Publisher: MaryAnn Ivie, RP P.O. Box 28264, Portland, OR 97228 www.oregonparalegals.org , [email protected] President’s Message By Leah Aldred, RP “Sometimes your only available transportation is a leap of faith.” Margaret Shepard As I write this I am thinking about Spring and how OPA is now in a time of renewal. Last week at our quarterly business meeting the Regulation Committee announced the inaugural members who were the first recipients of the OCP credential. It was an honor to see many of my mentors receive this hard earned endorsement. And, this reminds me of the concept of a tribe, a team, that the group is stronger than the individual. That as paralegals we are in a support role by definition. The wizard behind the curtain, never to be confused with having less value, but always with an eye towards what will make our role more vital. As leaders in our community and as members of OPA, I submit that while it is important to work hard in our individual roles, we must do so being mindful not to rise at the expense of others, but to lead with the intention to elevate all. Now, more than ever, OPA needs to hear from the membership. The legal landscape is changing rapidly across the country, and as a group of volunteers we need your help. What would you like to learn this Spring to enhance your career and community? What could we do better? What “leaps of faith” have you taken lately as a paralegal? I’d love to hear suggestions from the membership for how to be stronger, together. Let’s take that leap. I NSIDE T HIS I SSUE 1 President’s Message 4 Rules Watch 5 Work Product Doctrine – Ethical Responsibility for Paralegals 6 Outlook Tricks – Hyperlinks and print options 8 Settlement Cost Projection 9 National Affairs News 10 Stress Management: : How To Reduce, Prevent, And Cope With Stress 13 NFPA Volunteer Opportunities 14 1st Quarter Business Meeting Recap – Writing CLE and OCP Update and Awards 16 SOPP Meeting registration 17 PACE/PCCE NFPA Scholarship Applications 20 NFPA Convention Save the Date 21 Membership Application MAY 1 is the new OPA year – application for renewal or new membership on last page, or on the website: https://www.oregonparalegals.org/

Transcript of Paragram · 2017-04-03 · Page 5 The Paragram . Work Product Doctrine – Ethical Responsibility...

Page 1: Paragram · 2017-04-03 · Page 5 The Paragram . Work Product Doctrine – Ethical Responsibility for Paralegals . By Mary VanKleek, CRP. In Hickman v.Taylor, 329 U.S. 495 (1947),

Paragram Oregon Paralegal April-May 2017 Association Volume XXXVII, Issue VI

Editor: Diane Thompson, OCP Publisher: MaryAnn Ivie, RP P.O. Box 28264, Port land, OR 97228 www.oregonpara legals .o rg, [email protected]

President’s Message By Leah Aldred, RP

“Sometimes your only available transportation is a leap of faith.” Margaret Shepard

As I write this I am thinking about Spring and how OPA is now in a time of renewal. Last week at our quarterly business meeting the Regulation Committee announced the inaugural members who were the first recipients of the OCP credential. It was an honor to see many of my mentors receive this hard earned endorsement.

And, this reminds me of the concept of a tribe, a team, that the group is stronger than the individual. That as paralegals we are in a support role by definition. The wizard behind the curtain, never to be confused with having less value, but always with an eye towards what will make our role more vital. As leaders in our community and as members of OPA, I submit that while it is important to work hard in our individual roles, we must do so being mindful not to rise at the expense of others, but to lead with the intention to elevate all.

Now, more than ever, OPA needs to hear from the membership. The legal landscape is changing rapidly across the country, and as a group of volunteers we need your help. What would you like to learn this Spring to enhance your career and community? What could we do better? What “leaps of faith” have you taken lately as a paralegal? I’d love to hear suggestions from the membership for how to be stronger, together. Let’s take that leap.

I N S I D E T H I S I S S U E 1 President’s Message

4 Rules Watch

5 Work Product Doctrine – Ethical Responsibility for Paralegals

6 Outlook Tricks – Hyperlinks and print options

8 Settlement Cost Projection

9 National Affairs News

10 Stress Management: : How To Reduce, Prevent, And Cope With Stress

13 NFPA Volunteer Opportunities 14 1st Quarter Business Meeting

Recap – Writing CLE and OCP Update and Awards

16 SOPP Meeting registration 17 PACE/PCCE NFPA Scholarship

Applications 20 NFPA Convention Save the Date 21 Membership Application MAY 1 is the new OPA year – application for renewal or new membership on last page, or on the website: https://www.oregonparalegals.org/

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OPA Sustaining Members Click on the link for more information about a member

Beovich Walter & Friend

Bridges Reporting & Legal Video, Inc.

Case Forensics Corporation

Eli Rosenblatt Investigations

Fat Pencil Studio

Free Lance Investigations

Lehmann Court Reporting, Inc.

LNS Court Reporting

NAEGELI Deposition and Trial

Nationwide Process Service, Inc.

Northwest Medical Experts

Parasec

Physician Direct Services, Inc.

Portland Community College - Paralegal Department

Registered Agent Solutions, Inc.

Schmitt Reporting & Video, Inc.

Stoel Rives LLP

T-Scan Corporation

Unisearch, Inc.

US Legal Support – Our newest member!

OPA Specialty Groups & Committees Most of OPA’s specialty groups and committees are

in need of volunteers to help set up meetings and recruit speakers, and a few are inactive due to lack of a chair person. Below is a list of committees, and their chair(s). See a committee that has no chair that you would like to step up for? Do you have questions about what it takes to chair or co-chair a committee? Feel free to contact MaryAnn Ivie, RP at [email protected], or any OPA Board member, if you have questions.

Corporate - April Stricker ([email protected]) See meeting announcement on page * Debtor Creditor Group MaryAnn Ivie, RP at [email protected]

Employment Michele Davis, CP at [email protected] Estate Planning/Administration Leisa Harvard at [email protected] Lori Kovacevic at [email protected] Litigation Specialty Group Mary VanKleeck at [email protected] Masters Group – Jessica Baumann at [email protected] Pro Bono Samantha Blair at [email protected] Kelley Chaney, RP at [email protected] Real Estate Jennifer Stammer at [email protected] South of Portland Paralegal Group Diane Thompson, RP at [email protected]

SW Washington Specialty Group

Julie Lycklama, RP at [email protected] or Holly Swofford at [email protected]

NEW! - SEE Page 3

Next meeting registration form on Page 16

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REAL ESTATE SPECIALTY GROUP

SAVE THE DATES We are pleased to announce the launch of our new Real Estate Specialty Group starting

in March. Our first real estate topics below will be presented by Linda Odermott, R.P.

Tuesday, March 14th – Intro to Real Property (1 CLE Credit) Register here: https://oregonparalegals.org/event-2501597/Registration

Tuesday, April 11th – Legal Descriptions, Title Reports and Exceptions

(1 CLE Credit) Register here: https://oregonparalegals.org/event-2485797

Tuesday, May 9th – Oregon Land Use Overview (1 CLE Credit)

Please join us from 12-1 pm in the Hood Conference Room at Dunn Carney. Look for our e-blast coming soon for more information.

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Rules Watch By MaryAnn Ivie, RP

There aren’t any new rules to report on, so I thought I would take this opportunity to make a point about keeping abreast of rule changes and making sure the changes are passed onto your attorneys. Commenting in the recent 2017 Annual Federal Judges Survey, Magistrate Judge Andrew J. Peck, of the Southern District of New York, discussed how a recent (2015 amendment) rule change plays out in a motion to compel. Specifically, the “new” FRCP 34 says essentially says that responses to document requests must be specific, and that boilerplate objections are clearly prohibited.

Judge Peck said, “Rule 34 and its advisory committee notes were very clearly amended to say you can no longer provide these type [boilerplate objections] of responses. Nevertheless, every day that’s what I still see in the response”. Judge Peck further said that if he’s “feeling feisty” he might ask attorneys in his courtroom to tell him what the new Rule 34 says!

In addition to the possibility of having to face “feisty” judges, if you haven’t updated your forms and practice to adhere to the new rule, you risk actually losing the hypothetical motion to compel. When rules change, you should review any forms or templates you have which relate to the rule. The 2015 amendment to FRCP 34 (c) further adds that “an objection must state whether any responsive materials are being withheld on the basis of that objection. (emphasis mine)” Have you changed your USDC regular practice and response templates to include this language? The currently circulating proposed draft revisions to ORCP 36 contains nearly the same requirement, so if you do your federal forms now, you’ll have a leg up if the amendments to ORCP 36 are approved and go into effect January 1, 2018.

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Work Product Doctrine – Ethical Responsibility for Paralegals By Mary VanKleek, CRP

In Hickman v. Taylor, 329 U.S. 495 (1947), the United States Supreme Court first recognized the work-product doctrine, stating that “it is essential that a lawyer work with a certain degree of privacy, free from unnecessary intrusion by opposing parties and their counsel. Proper preparation of a client’s case demands that he[] prepare his legal theories and plan his strategy without undue and needless interference.” Id. At 510. Federal Rule of Civil Procedure 26 was a relatively recent innovation at the time this case was filed, and granted mandatory discovery of certain documents and materials when requested. The “trial preparations material”/work product doctrine was later codified in Federal Rule of Civil Procedure 26(b)(3), in 1970. In the Hickman case, Respondent attorney Samuel B. Fortenbaugh, Jr. was charged with contempt and faced prison for refusing to produce statements and memorandum prepared in anticipation of litigation. It is hard to image an attorney in 2017 facing such extreme sanctions to represent the best interest of his or her client, but Fortenbaugh held his ground. When this order was reversed by the Court of Appeals for the Third Circuit, Petitioner sought the reinstatement of the order to produce documents and order of imprisonment. The United States Supreme Court recognized the work-product doctrine, which holds that information obtained or produced by or for attorneys in anticipation of litigation may be protected from discovery under the Federal Rules of Civil Procedure and affirmed the Court of Appeals reversal of production order. The Court's decision in the case was unanimous. Justice Jackson’s concurrence focused on the effect on law practice if lawyers were required to write out and deliver to their adversaries an account of what witnesses have told them. “Discovery was hardly intended to enable a learned profession to perform its function either without wits or on wits borrowed from the adversary” Hickman v. Taylor, 329 U.S. 495, 516 (1947) In many instances, litigants use this work product immunity to shield potentially case dispositive documents from discovery. You have likely seen blanket objections to producing documents under the “work product” doctrine. Have you used that objection yourself? Correctly or just by rote? Extending the doctrine to protect documents prepared in the ordinary course of business, not by or at the direction of counsel, is essentially turning the doctrine into the equivalent of the Fifth Amendment right not to incriminate oneself. Protected work product includes materials prepared by paralegals in anticipation of litigation. Ethical responsibilities for paralegals do not end with an understanding and appreciation of the ethical rules and codes. Paralegals can take steps to ensure that rules and codes are followed, and at the same time, lessen the likelihood of sanctions or malpractice claims. When preparing responses, bear in mind the Federal Rules of Civil Procedure and the Federal Rules of Evidence, some of which are listed below. Be certain of your objections, review the rules and how they apply, and take care to protect mental impressions, strategy, opinions and theories. Continued on Page 6

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Continued from Page 5 “Ordinarily, a party may not discover documents and tangible things that are prepared in anticipation of litigation or for trial by or for another party or its representative.” Fed. R. Civ. P. 26(b)(3)(A) Ordinary work product may be discovered if: • It is “otherwise discoverable” • A party has a “substantial need for the materials”, and • “Cannot, without undue hardship, obtain their substantial equivalent by other means.” Fed. R. Civ. P. 26(b)(3)(A)(ii) “‘[W]ork-product protection’ means the protection that applicable law provides for tangible material (or its intangible equivalent) prepared in anticipation of litigation or for trial.” Fed. R. Evid. 502(g) “[C]ourts must protect against disclosure of the mental impressions, conclusions, opinions, or legal theories of a party’s attorney or other representative concerning the litigation.”

Fed. R. Civ. P. 26(b)(3)(B)

Outlook Tips By: Sam Blair, CRP 1) A super easy way to send a group of document internally: Right click on a folder on your computer server (won’t work if the

folder is on your personal hard drive) and drag it into an email there is an option to “Create Hyperlink” or “Create Shortcut” depending on your software version. Either one creates a link to the folder, and the folder is not actually copied and taking up space in the inbox.

2) When you print emails from outlook there is a check box on the

print screen with the option to automatically print attachments so you don’t have to open them all up and print individually. See screen shot.

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Settlement Cost Projection Reprinted by permission of Dawn Peront, MedConnect Pro, LLC 

Do you have a complaint to prepare or other demand which is to include the cost of future medical treatment, especially a possible future surgery?  MedConnect Pro’s Settlement Cost Projection might be just what you need.  The purpose of the Settlement Cost Projection is to provide, or project, the approximate  costs for proposed procedures that may be required in the future.   This report can benefit Defense Attorneys,  Plaintiff Attorneys, Paralegals, and Claims Representatives. This report will give an estimated  cost for proposed future surgeries or treatments, including costs for dental, surgical, medical,  anesthesia, facilities, durable medical equipment, and supplies.   When you are faced with these questions:  

 What does a medical procedure or surgical procedure cost?    How much are the preoperative services going to cost?    What if the doctor says the surgery will cost $100,000.00?    How much is the surgeon's fee for a procedure?    Is an assistant surgeon required; what is his fee?    How much will the anesthesia provider charge?    What is the facility fee for the proposed procedure?    Will there be any postoperative services,  e.g., physical therapy needed?  

A Nurse Consultant prepares this report. As documented within the records the treating  provider gives specific details pertaining to the proposed procedure and what type of care is  going to be required pre‐operatively and post‐operatively, i.e.: laboratory tests, x‐rays, physical  therapy, orthotics, etc. If the Physician Consultant offers any additional information pertaining to  the effectiveness or appropriateness of the procedure, a notation will be added to the report. The  appropriate CPT codes are then applied to all of the procedures, tests and treatments that will be  involved, and then these codes are subjected to a fee schedule database to determine the  appropriate costs for the specific zip code region in which the services will be provided.   For more information, contact MedConnect Pro, LLC at 503. 922‐2160.       

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National Affairs News By: Brenna C. Dickey, RP and Thomas C. Holmes, RP, OPA's NFPA Representatives

NFPA 2017 Joint Conference - April 28-30, 2017 The Oregon Paralegal Association ("OPA") is excited to have six members of its leadership team

attend this year's annual NFPA Joint Leadership, Regulation, and Certification Ambassadors Conference in New York City, hosted by the New York City Paralegal Association. OPA's leaders and members are excited to have the OPA attendees share their experience with OPA's leadership and have these leaders network with professionals from across the nation regarding issues related to leadership, certification and regulation. Look forward to hearing their stories about their experiences at the NFPA Joint Conference in the next Paragram. NFPA 2017 Region I Meeting - Saturday, June 3, 2017

NFPA's Region I Director, Ronell B. Badua, has confirmed that NFPA’s Region I Spring Meeting will be held on Saturday, June 3, 2017. The Region I meeting will be held at the law offices of Forsberg & Umlauf, P.S., located at 901 5th Avenue, Suite 1400, Seattle, Washington 98164. The Washington State Paralegal Association will be hosting the meeting. If you're unable to attend the Region I meeting and want to provide input to our Region I Director and other Region leaders, please contact your NFPA Representatives at the e-mails: [email protected] or [email protected].

NFPA 2017 Awards and Scholarships

NFPA issues awards and scholarships on an annual basis. Are you a paralegal student and want to earn some scholarship money? Are you interested in studying for the PACE® or PCCE™? NFPA awards two scholarships for paralegal students and a scholarship for both the PACE® and PCCE™ exams. NFPA also provides awards for outstanding paralegals in several categories. For more information, please visit NFPA's website at: https://www.paralegals.org/i4a/pages/index.cfm?pageid=3281. The deadline for both is July 1, 2017. Applications appear at the end of the Paragram for your convenience.

Interested in Volunteering with NFPA? In addition to the positions listed on page 13, the Budget Committee is

looking for members. The Committee tries to have two members from each of NFPA’s five regions. This is a short term (June through August) commitment with

approximately four telephonic meetings, usually occurring during the work day and lasting an hour or less. To apply, submit an interest form no later than June 1, 2017 through the NFPA website at To submit your interest form, see the Member Resources page on the NFPA website under volunteer opportunities (login required) or click on the link on page 13.

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STRESS MANAGEMENT: HOW TO REDUCE, PREVENT, AND COPE WITH STRESS

Reprinted by permission from the Oregon Attorney Assistance Program, March 2017 InSight You may feel there’s nothing you can do about stress. The bills won’t stop coming, there will never be

more hours in the day, and your work and family responsibilities will always be demanding. However, you have more control over stress than you might think. No matter how stressful your life seems, you can take steps to relieve the pressure and regain balance.

What is stress management? We all respond to stress differently, so there’s no “one size fits all” solution to managing stress. But if

you feel like the stress in your life is out of control, it’s time to take action. Stress management can teach you healthier ways to cope with stress, help you reduce its harmful effects, and prevent stress from spiraling out of control again in the future.

No matter how powerless you may feel in the face of stress, you still have control over your lifestyle, thoughts, emotions, and the way you deal with problems. Stress management involves changing the stressful situation when you can, changing your reaction when you can’t, taking care of yourself, and making time for rest and relaxation. The first step is to recognize the true sources of stress in your life.

What are the sources of stress in your life? It’s easy to identify sources of stress following a major life event, such as changing jobs, moving home,

or losing a loved one, but pinpointing the sources of everyday stress can be more complicated. It’s all too easy to overlook your own thoughts, feelings, and behaviors that contribute to your stress levels.

Do you explain away stress as temporary (“I just have a million things going on right now”), even though you can’t remember the last time you took a breather?

Do you define stress as an integral part of your work or home life (“Things are always crazy around here”) or as a part of your personality (“I have a lot of nervous energy, that’s all”)?

Do you blame your stress on other people or outside events, or view it as entirely normal and unexceptional?

Until you accept responsibility for the role you play in creating or maintaining stress, your stress level will remain outside your control.

How do you currently cope with stress?

Think about the ways you currently manage and cope with stress in your life. A stress journal can help you identify them. Are your coping strategies healthy or unhealthy, helpful or unproductive? Unfortunately, many people cope with stress in ways that compound the problem.

Unhealthy ways of coping with stress

These coping strategies may temporarily reduce stress, but they cause more damage in the long run: • Smoking • Drinking too much • Binging on junk or comfort food • Zoning out for hours in front of the TV or computer Continued on page 11

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Stress Management, continued from page 10 • Withdrawing from friends, family,

and activities • Using pills or drugs to relax • Sleeping too much • Procrastinating • Filling up every minute of the day to

avoid facing problems • Taking out your stress on others

(lashing out, angry outbursts, physical violence)

Learning healthier ways to manage stress

If your methods of coping with stress aren’t contributing to your greater emotional and physical health, it’s time to find healthier ones. No single method works for everyone or in every situation, so experiment with different techniques and strategies. Focus on what makes you feel calm and in control.

Stress Management Strategy #1: Avoid unnecessary stress

While stress is an automatic response from your nervous system, some stressors arise at predictable times – your commute to work, a meeting with your boss, or family gatherings, for example. When handling predictable stressors, you can either change the situation or change your reaction. When deciding which option to choose in any given scenario, it’s helpful to think of the four A’s: avoid, alter, adapt, or accept.

It’s not healthy to avoid a stressful situation that needs to be addressed, but you may be surprised by the number of stressors in your life that you can eliminate. • Learn how to say “no.” Know your limits and stick to them. Whether in your personal or professional life, taking on more than you can handle is a surefire recipe for stress. Distinguish between the “shoulds” and the “musts” and, when possible, say “no” to taking on too much. • Avoid people who stress you out. If someone consistently causes stress in your life, limit the amount of time you spend with that person or end the relationship. • Take control of your environment. If the evening news makes you anxious, turn off the TV. If traffic makes you tense, take a longer but less-traveled route. If going to the market is an unpleasant chore, do your grocery shopping online. Continued on page 12

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Stress Management, continued from page 11 Stress Management Strategy #2: Alter the situation

If you can’t avoid a stressful situation, try to alter it. Often, this involves changing the way you communicate and operate in your daily life.

• Express your feelings instead of bottling them up. If something or someone is bothering you, be more assertive and communicate your concerns in an open and respectful way. If you don’t voice your feelings, resentment will build and the stress will increase.

• Be willing to compromise. When you ask someone to change his or her behavior, be willing to do the same. If you both are willing to bend at least a little, you’ll have a good chance of finding a happy middle ground.

• Manage your time better. Poor time management can cause a lot of stress. If you plan ahead and make sure you don’t overextend yourself, you’ll find it easier to stay calm and focused.

Stress Management Strategy #3: Adapt to the stressor

How you think can have a profound effect on your stress levels. Each time you think a negative thought about yourself, your body reacts as if it were in the throes of a tension-filled situation. Regain your sense of control by changing your expectations and attitude to stressful situations.

• Reframe problems. Try to view stressful situations from a more positive perspective. Rather than fuming about a traffic jam, look at it as an opportunity to pause and regroup, listen to your favorite radio station, or enjoy some alone time.

• Look at the big picture. Take perspective of the stressful situation. Ask yourself how important it will be in the long run. Will it matter in a month? a year? Is it really worth getting upset over? If the answer is no, focus your time and energy elsewhere.

• Adjust your standards. Perfectionism is a major source of avoidable stress. Stop setting yourself up for failure by demanding perfection. Set reasonable standards for yourself and others, and learn to be okay with “good enough.”

Stress Management Strategy #4: Accept the things you can’t change

Many sources of stress are unavoidable. You can’t prevent or change stressors such as the death of a loved one, a serious illness, or a national recession. In such cases, the best way to cope with stress is to accept things as they are. Acceptance may be difficult, but in the long run, it’s easier than railing against a situation you can’t change.

Continued on page 13

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Stress Management, continued from page 12 • Don’t try to control the uncontrollable. Many things in life are beyond our control – particularly the behavior of other people. Rather than stressing out over them, focus on the things you can control, such as the way you choose to react to problems. • Look for the upside. When facing major challenges, try to look at them as opportunities for personal growth. If your own choices contributed to a stressful situation, reflect on them and learn from your mistakes. • Learn to forgive. Accept the fact that we live in an imperfect world and that people make mistakes. Let go of anger and resentments. Free yourself from negative energy by forgiving and moving on. In addition to the four A’s of: Avoid, Alter, Adapt, and Accept, some important components of stress management include: • physical activity, • social engagement, and • adopting a healthy lifestyle. Getting regular exercise, maintaining close relationships, making time for fun and relaxation, and practicing self-care will go a long way toward helping you manage stress in the long term. Lawrence Robinson; Melinda Smith; and Robert Segal, M.A. © Helpguide.org. All rights reserved.

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NFPA Volunteer Opportunities!

Serve as a NFPA Coordinator or on an existing NFPA Committee. To serve as a Coordinator, you must be a voting member of your local association or an individual sustaining member of NFPA. Click here to fill out a volunteer interest form. NFPA is looking for volunteers to fill the following

Coordinator positions: • Organizational Strategic Alliances Coordinator—Assists the Board of Directors to develop

outreach and strategic alliances with law- related organizations. Reports to the Vice President & Director of Profession Development.

• Advertising/Public Relations Coordinator—Coordinates advertising agreements, content and deadlines and manages webinar vouchers. Reports to the Vice President & Director of Marketing.

• Strategic Alliance Coordinator—Prepares annual schedule of events at which NFPA might exhibit and assists in coordination of budget and materials for exhibit displays. Reports to the Vice President & Director of Marketing

• In-House Paralegal Coordinator—Explores and develop relationships with paralegals who work for corporations, not-for-profit entities, governmental agencies or non-traditional law firms. Reports to the Vice President & Director of Membership.

For more information about the positions and to submit your interest form, see the Member Resources page on the NFPA website (login required).

If you have any questions or need additional info, please contact Tracey L. Young, RP, Nominations Coordinator at [email protected].

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1st Quarterly Business Meeting Recap By: Michele Davis, CP The 1st Quarterly Business Meeting and CLE of 2017 took place on Wednesday, March 15, 2017 at the

offices of Dunn Carney. The event was well attended with over 30 members participating.

Writing Seminar Aubrey Baldwin (Chair of the Paralegal Program at Portland Community College) presented

on Becoming Your Own Devil’s Advocate – Making Your Writing Bulletproof & Effective. It was an informational session on how writing demonstrates one’s effectiveness as a paralegal. The natural enemies are inaccuracy and lack of clarity, but our natural friend is professional intelligence. The path to greater accuracy and clarity – and persuasiveness – comes from the cues we gain when we listen intelligently to the audience’s critical inner voice.

One segment of the seminar focused on How to Write Good Legal Stuff. There is actually a publication

by this name authored by Eugene Volokh and J. Alexander Tanford. Some signs of bad legal writing is 1) using the passage rather than active voice; 2) nominalizations; 3) fear of calling things by their names; 4) verbosity; 5) qualifying phrases; 6) redundancy; 7) meaningless adverbs used in a vain effort to make a weak point appear strong; 8) meaningless weasel words used because you are afraid to take a position; 9) double negatives; and 10) phrases with absolutely no meaning whatsoever.

Also discussed was tips on effective writing. Step One is Generate Alternatives, which means to

present both sides of the issue. Step Two is to state the relevant information. An informed choice rests on information. An absence of the information forces interpretation and decision making to be based on biases. Step Three is to examine the relevant information critically. A critical examination is one that uses principled reasoning to assess the relative strengths and weakness of each piece of the supporting information.

The seminar ended with an interactive discussion on bad legal writing samples and why. It was an

educational and engaging seminar.

Oregon Certified Paralegal Program: Presentation of the first OCP Certificates The Business Meeting main topic included educating the membership on the status update by

the Regulation Committee on the Oregon Certified Paralegal Program.

Continued on page 15

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OCP Program, continued from page 14 First, the OPA Board appointed committee members were recognized and introduced to

the membership. The Regulation Committee is comprised of: Michele Davis, CP as the Chair Megan Claire Gallagher Thomas Holmes, RP Kimberly Kindred, RP Diane Thompson, CP, RP Christine Meadows, Attorney Advisor Committee Member In January the OCP program was rolled out. Shortly thereafter the Committee received six applications

which were reviewed and discussed at the February 9, 2017 meeting. Subsequently, at the March 8 Regulation Committee meeting, the Committee discussed and approved an additional two applications.

In addition to receiving and approving eight applications to date, the Regulation Committee has been

busy by: 1) Designating a separate bank account for purposes of the OCP income and expenses, which are

separate from general OPA funds 2) Registering with the Oregon SOS Corporation an Assumed Business Name (ABN

Oregon Certified Paralegal), which became effective upon filing on February 14, 2017 3) Registering with the Oregon SOS Corporation a OCP Service Mark (Registration No. 46342),

which is now effective 4) Presentation as part of the Certification Workshop held at PCC 5) Presentation at the March OPA SOPP The first OCP certificates were awarded to: 1. Michele Davis, CP 2. Diane Thompson, CP, RP 3. Lesa Allen 4. Dawn Almblad , RP 5. Kristen Baker, CRP 6. Linda Escobar, CRP 7. Leah Aldred, RP 8. Linda Odermott, RP

Pictured with the OCP certificates are (l-r): Diane Thompson, CP, RP, OCP; Michele Davis, CP, OCP; and Leah Aldred, RP, OCP

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Oregon Paralegal Association

Wednesday, April 19, 2017 South of Portland Paralegal (SOPP) Chapter of OPA

Registration deadline is Friday, April 14, 2017

LOCATION Bittner & Hahs, P.C., 4949 Meadows Rd, Suite 260, Lake Oswego, OR

Contact, Diane L. Thompson (Chair SOPP Chapter), Phone: 503-971-245-8020 or 503-407-4775

TIME:

5:30 – 6:30 pm for the CLE 6:30 – 7 pm social and light refreshments

TOPICS: Overview of Current Landlord/Tenant/Eviction Issues Including: 1. VAWA (Violence Against Women Act). Compliance with Federal housing

protections that apply to victims of domestic violence, dating violence, sexual assault, and stalking

2. Portland Ordinance on Landlord/Tenant issues – A no-cause eviction or increase in rent can result in landlords having to pay the tenant’s relocation costs ranging from $2,900 and $4,500

3. Writs of Execution – Lockouts – Compliance will avoid refusal of Sheriff refusing

to serve

PRESENTERS:

Leah C. Sykes will discuss VAWA and issues with the Portland Ordinance. Leah is an attorney with Bittner & Hahs, P.C., was born and raised in Canada, received her JD from Lewis and Clark College, and her areas of practice in the tri-county area place emphasis on landlord/tenant law and civil litigation. Theresa Petty will discuss the issues with Writs of Execution. Theresa is a paralegal with Bittner & Hahs, P.C. In her free time, she enjoys riding with her husband on their 1967 Triumph motorcycle, and spending time with her daughter.

NAME:__________________________________________ FIRM:_________________________________________ ADDRESS_______________________________________

CITY/STATE/ZIP__________________, ____ ________

EMAIL: ________________________________________

TELEPHONE: _________________________________

MEMBER: _____ OPA ____ STUDENT ____ OTHER

______ NONE _____ TOTAL ATTENDING

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Oregon Paralegal Association Membership Application - 1

OREGON PARALEGAL ASSOCIATION MEMBERSHIP APPLICATION May 1, 2017- April 30, 2018 PO Box 28264, Portland, OR 97228

www.oregonparalegals.org

APPLICANT INFORMATION Full Name: New or Renewal:

Email:

Home Street Address: City:

State: Zip Code Phone #:

Education/Degree:

Certification: Years in legal field:

Would you like a mentor? Yes No Would you like to be a mentor? Yes No

May we place your contact information in our Membership Directory: Yes No

EMPLOYMENT INFORMATION Current employer: Phone:

Fax: How long?

Employer’s Street Address: City:

State: ZIP Code:

Mail to (mark one): Home Office NO MAILINGS PLEASE!

PLEASE INDICATE WHICH COMMITTEES/SPECIALTY GROUPS YOU ARE INTERESTED IN Advertising

Ethics Membership Public Relations

Annual Convention

Family Law Membership Benefits Real Estate

Annual Survey

Immigration NFPA National Affairs Regulations

Certification Exams

Intellectual Property Nominations/Elections Research and Development

Corporate Job Bank Paragram Salem/Eugene

Debtor/Creditor

Legal Service Provider Liaison

Policies and Procedure Manual

South of Portland Paralegals

Employment

Litigation Pro Bono SW Washington Chapter

Estate Planning/Admin

Masters Program/CLE Website

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Oregon Paralegal Association Membership Application - 2

OPA MEMBERSHIP DUES

May 1, 2017- April 30, 2018 (full year) November 1, 2076- April 30, 2018 (partial year, fees include full year of NFPA dues)

Regular $90.00 Regular $67.50 Public Sector $60.00 Public Sector $52.50

Associate $50.00 Associate $47.50 Student $45.00 Student $42.50 Emeritus $30.00 Emeritus $30.00

Sustaining $165.00 Sustaining $100.00 To see which Membership category you qualify for please see the attached Membership Categories sheet

or check the OPA website under the Join/Forms section. ATTESTATION

(as described herein under the Membership categories) I am a practicing paralegal as described herein and hereby apply for REGULAR membership for the length noted above. I am a practicing paralegal for a government entity and hereby apply for PUBLIC SECTOR membership for the length noted above. I am not a practicing paralegal as described herein and hereby apply for ASSOCIATE membership for the length noted above. I am not a practicing paralegal, but currently enrolled as a student in a paralegal training program and herby apply for STUDENT membership for the length noted above. Name of School: __________________________________________________________ I am not a practicing paralegal as described herein and hereby apply for EMERITUS membership for the length noted above. I am not a practicing paralegal as described herein, and hereby apply for SUSTAINING membership for the length noted above.

MEMBERSHIP CATEGORIES REGULAR: Designated for applicants applying for membership and currently a practicing paralegal under the supervision of an attorney. Regular members upon approval of membership application are voting members of OPA. PUBLIC SECTOR: Designated for applicants applying for membership and currently a practicing paralegal under the supervision of an attorney and who are employed by an agency, clinic or office that provides services primarily in the public interest or to low-income and/or indigent clients. Public Sector members upon approval of membership application are voting members of OPA. ASSOCIATE: Designated for applicants applying for membership and currently NOT a practicing paralegal under the supervision of an attorney, but who have been in the past, are graduates of a paralegal training program, and/or interested in becoming a paralegal and do not qualify for regular or public sector membership. Associate members upon approval of membership application are considered non-voting members. STUDENT: Designated for applicants applying for membership who are enrolled in a paralegal program and considered full-time or part-time students, as defined by the education program in which they are enrolled. Student members upon approval of membership application, are non-voting members of OPA and are not eligible to hold elective office (except for Associate Representative) or to chair a committee. EMERITUS: Designated for applicants applying for membership who are currently NOT a practicing paralegal but have been regular, public sector or associate members in the past and have been members of OPA in good standing for at least the previous 3 years. Eligibility for members applying for Emeritus status is granted upon the applicant retiring from the practice of the paralegal profession at the age of 55 years or older, or any age due to a health issue that prevents the individual from continuing to work as a paralegal. Upon approval of membership applications, Emeritus members are non-voting members. SUSTAINING: Designated for applicants applying for membership who are associated with a law firm, organization, institution, or any other entity interested in supporting the purposes and goals of the paralegal profession and OPA. Sustaining members upon approval of membership applications are non-voting members of OPA and are NOT eligible to hold elective office. The company or entity that has applied for membership and is current on membership dues, will be posted on the OPA website and have access to the NFPA membership granted to all other membership categories.

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Oregon Paralegal Association Membership Application - 3

CODE OF ETHICS AND STANDARDS OF PROFESSIONAL CONDUCT

PREAMBLE

In addition to those purposes and objectives set forth in the Oregon Paralegal Association's ("OPA") Second Amended and Restated Bylaws adopted on March 2, 2012 as amended, OPA expects its members to adhere to a code of ethics and standards of professional conduct. In addition to the National Federation of Paralegal Associations, Inc., Model Code of Ethics and Professional Responsibility ("NFPA Model Rules") and the American Bar Association's Model Rules of Professional Conduct ("ABA Model Rules"), all members of OPA (including those individuals representing a sustaining member) are required to abide by the Code of Ethics and Standards of Professional Conduct reflected below. Violations by OPA's members of any of the provisions contained in this document, the NFPA Model Rules, or the ABA Model Rules may result in disciplinary action taken by the OPA Board. Disciplinary action may include, but is not limited to: censure, suspension, or expulsion of membership.

THE CODE OF ETHICS

All members of OPA (including representatives of sustaining members) must: • Act with professionalism, integrity, competence,

diligence, respect, and in an ethical manner with all of OPA's Members, as well as any speakers at OPA functions and any other functions in the legal community.

• Engage and encourage others to engage in a professional and ethical manner that will reflect credit on themselves and the profession.

• Promote the integrity and professional image of OPA in all public settings.

• Avoid impropriety and the appearance of impropriety and shall not engage in any conduct that would adversely affect his/her reputation in the legal community. Such conduct may include, but is not limited to: violence, dishonesty, inappropriate contact with members and/or any third party conducting business with OPA.

• Maintain and improve their own professional competence and strive to maintain and improve the professional competence of other OPA members.

STANDARDS OF PROFESSIONAL CONDUCT

• Gifts. Members must not offer, solicit, or accept any gift, benefit, compensation, or consideration from OPA's Members, Vendors, Speakers, or any other third party doing business with OPA that would appear improper, unprofessional, or unethical to a reasonable person.

• Misrepresentation. Members must not knowingly make any misrepresentations related to any awards, leadership activity, or other professional activities.

• Misconduct. Members must not engage in any

professional conduct involving dishonesty, fraud, deceit or commit any act that reflects adversely on their own or OPA's professional reputation, integrity, or competence.

SIGNATURE I authorize the verification of the information provided above on this form to be true. I certify that I have read and agree to abide by the Code of Ethics and Standards of Professional Conduct (the "Code") contained in this document. By signing this document, I accept the obligation to abide by this Code and acknowledge that a violation on my part may result in action by the OPA Board of Directors. I also understand that OPA may photograph and/or videotape OPA events and I acknowledge that my image may be captured, by attending I grant OPA my permission to use such images without further acknowledgment and without compensation to me. Oregon Paralegal Association is a 501 (c)(6) professional organization and member of the National Federation of Paralegal Association Inc. Signature of applicant: Date: