Entire Issue - National Association of Legal Assistants

Departments
President’s Message – Vicki J. Kunz, CLAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
From the Editor – Candy Pederson, CLAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
Convention Awards & Snapshots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32
Education – A Road Worth Traveling
The ABA School Approval Process by Pamela J. Bailey, CLAS . . . . . . . . . . . . . . . . . . . . .38
Technobits – Use the Technology
Electronic Discovery by Alan Kays, Uniscribe . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40
Practice Tips – Knowledge Really IS Power
Behold the Power of the Internet by Patricia J. Gustin, CLA, CFEI . . . . . . . . . . . . . . . . .42
Professional Development –
Technological Impact on Workplace Culture by Charlsye J. Smith, CLAS . . . . . . . . . . . . .46
Ethics Tips – Simple Good manners
Be Sure You Stay a ‘Good Apple’ by Libby Roleson, CLAS . . . . . . . . . . . . . . . . . . . . . . . .48
Special Contribution: Contribute to Paralegal Education –
by Joan Fraczek Spadoni, AAfPE President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50
Affiliates Column –
Making the Most of Affiliation with NALA by Melissa A. (Lisa) Vander Weide, CLAS . . .51
Breaking News . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .52
Communication Corner – by Virginia Koerselman, Esq. . . . . . . . . . . . . . . . . . . . . . . . . . . .53
Features
FACTS &FINDINGS
The Journal for Legal Assistants / Volume XXX Issue 2
www.nala.org NALA 2003
Award Recipients
Connie Kretchmer
Founder’s Award
Anatomy of a Construction Defect Case by Carolyn Yellis, CLA. . . . . . . . . . . . . . . . . . . . 8
Automotive Product Liability by Margaret Lucas Agius, CLA . . . . . . . . . . . . . . . . . . . . . . 12
Power Windows Can Kill by Robert M.N. Palmer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
The Digital Millennium Copyright Act by Cathy L. Clamp, PLS, CLAS . . . . . . . . . . . . . . 19
Get ‘Wired’ for Savings by Robert Gibson and Jennifer Beauharnais. . . . . . . . . . . . . . . . 22
An American Paralegal in Paris by Ann Marie Verity. . . . . . . . . . . . . . . . . . . . . . . . . . 26
Find, and Find Out About Experts on the Internet
by Carol Levit, JD, MLS, and Jim Robinson, Esq. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Vicki Voisin
President’s Award
NALA News and Information
New Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .54
NALA Affiliated Associations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .55
New CLAs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .58
NALA Official Roster . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .60
Pat Elliott
Affiliated Associations
National Achievement Award
See Pages 29-32 for all award recipients,
new board and regional directors, and
convention snapshots.

PRESIDENT’SMESSAGE
Remember the Nalamo!
Surrounded by Success
Being surrounded at NALA’s 28th Annual Convention
and Membership Meeting in San Antonio was a completely
different situation than what the Texians who fought at
the Alamo 167 years ago faced, but there was passion
in both cases.
Ours was a celebration of the progress and evolution of
NALA in meeting its mission to remain the leader of the
paralegal profession by enhancing the competency of individual
legal assistants and advancing our careers. That mission
was never more apparent than while watching attendees
in the educational sessions and membership meetings.
A team spirit could be felt in the dialog and discussions
between affiliates, members, and NALA officers. I was
particularly pleased to see greater attendance than at any
time in my memory in the various membership and
business meetings, including at the Board of Directors
meeting on the final day.
Many NALA successes were announced and discussed at
the convention that are worth reviewing here.
CLA Specialty Program—A special report at the
Membership Forum covered the new expanded specialty
program to be released in the upcoming year. Support for
the more specialized certification and on-line program was
overwhelming. More information on the upcoming enhancements
can be found in this issue’s “Breaking News” section.
CLA Program—This program is almost 28 years
old and continues to be the number one certification for
paralegals in the nation. There were almost 12,000 CLAs
as of May 2003.
New CLA Certificates—As part of NALA’s commitment
to meeting the needs of members, new CLA certificates
were recently redesigned to include the certification
mark “CP” as well as “CLA.” This acknowledges the reality
reflected by much of the legal community today that many
would prefer to have a choice of which term they use—legal
assistant or paralegal. Both marks are indicators of the NALA
certification program.
It’s a Fact—“Legal Assistant” and “Paralegal” are
synonymous terms. This is not a choice or position of
NALA, but a fact based on numerous state court rules,
statutes, Supreme Court opinions, and bar association
definitions and guidelines. We would not want to muddy
the waters fussing over definitions and divert our attention
from far more important issues paralegals have worked so
hard for over the past 30 years. The kinds of issues we need
to stay focused upon are fee recovery for legal assistant
services, expanded services provided by
the profession, and defining tasks performed
by legal assistants as substantive
in nature, rather than clerical.
Improved Communications—We
continue to stay current with the latest in
technology, and have recently subscribed Vicki J. Kunz, CLAS
to two new services to provide advanced
communication for more timely distribution of information.
Broadcast e-mail messaging to members, (with strong security
features to protect privacy) was introduced in early June,
and Web-based presentations (called See My Screen) can
now be used for continuing education, conducting NALA
business, and making presentations to board members, committees,
affiliates, and other groups requesting visitations
with the new program.
Live On-Line Educational Seminars—The See My
Screen program will be able to host one-hour continuing
education sessions. Students can participate and learn from
the convenience of their own office or home computer.
Programs are currently under development, and a schedule
will be announced by 2004.
Our Association continues its influential role in stimulating
the positive growth and development of the paralegal
profession. Legal assistants look to NALA for ways to
acquire greater expertise and achieve recognition. This may
be through the certification and specialty programs, continuing
education, participation on the board or committees, or
the important role of active membership. The association
and its board of directors, with the vital help of members,
can heighten the public’s recognition of our profession and
its contributions to society with continual communication
about who we are and what we can do to assist lawyers in
providing legal services.
Is there much for NALA and our members to celebrate?
You Bet!
Which takes me right to my next message—start
making plans for next year’s convention July 14-17, 2004
in Reno, Nevada. With the Nalamo celebration still fresh in
our memories, it will be a hard act to follow, but plans have
been underway for some time to make the Reno convention
the best ever. Put it on your calendar as a “must do.”
F&
F
FACTS & FINDINGS / AUGUST 2003 5

Call for Proposals
2004 Convention • July 14-17 • Reno, Nevada
2004 NALA Member Exchange
Education • Imagination • Prestige
The Association’s Continuing Education Council invites NALA members to submit proposals for the Member Exchange Program to be held at
the 2004 Annual Convention in Reno, Nevada. This is an exceptional opportunity for members to share their expertise, describe successful
strategies, and increase their visibility within the paralegal profession. These prestigious presentations by NALA members are a highlight of the
annual convention’s education program that brings education and imagination into close contact with the realities of actual paralegal work.
Proposals must be submitted by Oct. 15, 2003 • Acceptance decisions will be made by Nov. 30, 2003.
Criteria established by the CEC for
Member Exchange Program presentations
• Timely, fresh, innovative topic
• Wide audience appeal (not state specific)
• Relevant to the work of legal assistants
• Well-defined purpose and results oriented
• Practical application
• Results oriented material helpful in advancing a career
• Compatible within the context of the convention’s
education program
Presentation Proposal Form
DEADLINE: OCT .15, 2003
Initial plans for the 2004 Annual Convention
education tracks in Reno
Criminal Law
• Forensic Animation for Criminal Cases
• Cyber terrorism
• Civil Liberties
Civil Litigation
• Alternate Dispute Resolution
• Forensic Animation for Civil Cases
• Document Retention and Production
Intellectual Property
• International Trademarks
• Electronic Filing
✁
NAME OF PRESENTER
DAYTIME PHONE NUMBER
MAILING ADDRESS
E-MAIL ADDRESS
CITY STATE ZIP
PRESENTATION TITLE
Submit this form with a proposal that includes:
Title of presentation
Format of presentation
(e.g:, panel, lecture, group discussion, etc.)
Learning objectives (at least three responses to
the statement:“By the end of this session,
attendees will...”)
Inquiries:
NALA Headquarters
(918) 587-6828
(918) 582-6772 Fax
nalanet@nala.org
A 200-word abstract of the presentation, including
• A synopsis of your presentation
• Target audience (experience, newcomers, etc.)
• Presenter’s resumé
(may be attached as a separate document)
• Names and addresses of co-presenters if applicable
Send proposal to:
2004 Member Exchange Program
NALA Headquarters
1516 S. Boston Ave., Suite 200
Tulsa, OK 74119

FROMTHEEDITOR
Definitely Having Fun!
I once worked for an attorney who
told me that the object of the exercise
(preparation and trial) was to have fun.
When we were in trial, one of my jobs was
to ask him everyday, “Are we having fun
yet?” I would usually ask right after a difficult
witness or the other attorney’s objection
had been sustained. Although we were
fighting for our client, we enjoyed our
respective professions.
Our profession is certainly “fun” as
demonstrated at the NALA convention in
San Antonio. President Vicki Kunz
described it as a “celebration.” A celebration
of our profession, of how far we have come
in NALA’s 28 years, and eager anticipation
of the future. It is exciting to be a part of
the paralegal profession and a member of
the premier organization for legal assistants.
My first convention was in Bismarck,
ND, and from that moment on, I was
FACTS &
FINDINGS
“hooked.” Even though I was taking the
AND FUN
specialty exam during that convention, I still
found time to enjoy all NALA had to offer.
I talked to many first-timers in San Antonio
and it was wonderful to see their enthusiasm
for the profession and for the convention.
They were definitely “having fun.”
I still experience that same enthusiasm
about my profession each time I attend a
convention. With speakers like the
Honorable John G. McBain, we have reason
to be enthusiastic about the roles we
have in the legal system.
For their splendid work in making the
San Antonio convention a huge success, a
sincere “thank you” is in order for Michelle
Erdmann, CLA, Minot, ND, Convention
Chair; as well as her committee of Annette R.
Brown, CLAS, Missoula, MT; Gigi E. Davis,
CLA, Casper, WY; and Rhonda R. Deters,
CLAS, Wellsburg, IA. Not to be forgotten are
Marge, Krista, Ken, Marie, Angela, Vannessa,
Jerry and Kari for their assistance.
As the new editor of Facts & Findings,
I want to express a wistful “so-long” (not
“good-bye”) to a fabulous editor, Sharon A.
Werner, CLA, and to Continuing Education
Council members Michelle Erdmann,
CLA; Julie Hunt, CLA, and Hazel Lange,
CLA. Their leadership on the CEC over the
past three years
has been invaluable
and I know
they will continue
to be leaders in
our profession.
As part of our
focus on product Candy Pederson, CLAS
liability with this
Facts & Findings, we have an informative
article by Margaret Lucas Agius on
“Automotive Product Liability” that includes
a helpful chart of acronyms as well as references
and resources. Carolyn Yellis, CLA,
has some insightful ideas on how to assist in
a “Construction Defect Case,” and Robert
M.N. Palmer has an enlightening piece on
the dangers of power windows.
Just because our “focus” may not be
your area of specialty doesn’t mean you
shouldn’t think outside the box and take a
look at our entire editorial line-up. We have
also included articles and columns on a
number of other subjects that I believe you
will find interesting. Check out the article
by Ann Marie Verity as “An American
Paralegal in Paris.” Wouldn’t that be an
exciting job? Our profession is one of endless
opportunities, as this article reflects. To
create those opportunities, we need to think
outside the box or get out of our comfort
zone and be creative.
Those of you who attended the allconvention
luncheon or the breakout sessions
of the Membership Forum in San
Antonio received a brochure for potential
authors and a request for article ideas.
Please take a moment to think about what
you would like to see in future issues and
return the postcard. If you did not receive a
brochure and have some ideas or suggestions,
please let us know.
Our goal is to give you articles that
help you be a better paralegal as well as
have fun in our profession. Members are
the best source for that information, and
we are always glad to hear from you.
F&
F
FACTS &FINDINGS
Continuing Education Council
Candy Pederson, CLAS
Council Members
Kathleen Bonelli, CLA
Annette R. Brown, CLA
Gigi E. Davis, CLA
Rhonda R. Deters, CLAS
Patricia J. Gustin, CLA
Theresa A. Irvin, CLA
Maryann Valerio, CLA
Executive Director
Marge Dover, CAE
FACTS & FINDINGS is the official publication of
the National Association of Legal Assistants
designed to serve the needs and
interests of legal assistants nationwide.
FACTS & FINDINGS is edited for the members
of the National Association of Legal Assistants.
Publishing and editorial decisions are based on the editors’
judgment of the writing, the timeliness of the article,
and the potential interest of the readers.
The views expressed in FACTS & FINDINGS
are those of the individual authors and may not reflect the
official views of the National Association of Legal Assistants.
No endorsement of those views should be inferred
unless specifically identified as the official policy of the
National Association of Legal Assistants.
FACTS & FINDINGS © 2003
ISSN: 1541-2083
NALA Corporate Office
1516 South Boston, Suite 200
Tulsa, Oklahoma 74119
918-587-6828 Fax 918-582-6772
www.nala.org e-mail: nalanet@nala.org
FACTS & FINDINGS
(USPS 363-150) is published quarterly
with two issues in the first quarter.
Subscription rate for nonmembers is $25 for four issues.
Annual dues include $9 for a subscription to FACTS &
FINDINGS. Periodicals postage paid at Tulsa, OK.
POSTMASTER
Send address change to NALA Headquarters,
1516 South Boston, Suite, 200
Tulsa, Oklahoma 74119
Editorial
National Association of Legal Assistants
Production Editor
Kenneth L. Frakes
Graphic Design & Production
Johnny King Design, Tulsa, Oklahoma
FACTS & FINDINGS / AUGUST 2003 7

Anatomyofa
Construction
Paralegals are ‘Heart’ of the Process
Defect
Case
by Carolyn Yellis, CLA
Laws, procedures, ordinances, building codes and regulations
vary from state to state, county to county and even city
to city. But the paralegal’s role in a construction defect case is
virtually universal. As in all litigation, the first factor to consider
is the human factor. Whether working for an attorney representing
the homeowners (plaintiffs) or the developer and subcontractors
(defendants), the legal assistant’s main goal is to
work in the client’s best interests.
Construction defect cases are distinctive in many ways.
The cases are deemed complex in many venues, and with good
reason. Depending upon the size of the project, there may be
hundreds of plaintiffs and defendants, and there are many cross
complaints to contend with. This means the developer has to
function both as the defendant and the cross complainant.
The developer, formerly the defender of the subcontractors
and their work, changes stripes to place blame on the
workmanship of the subcontractors. It can be very confusing,
and the role of the paralegal is to put it all in perspective with
superior analytical and organizational skills.
Since the cases involve actual construction on a parcel of
real estate, real estate law plays an important part when assessing
the causes of action in a complaint. On the reverse side,
the defense also needs to assess those causes of action in order
to determine their affirmative defenses. To best understand the
process, it is important to consider both perspectives.
Plaintiffs’ Perspective
A beautiful home in a desirable neighborhood has finally
become a reality. Escrow closes on a dream home, and life is
good. Home ownership is often considered part of the
American dream, but that dream can become a nightmare
when problems with the house begin to appear.
Water spots on the ceiling, defective electrical outlets,
cracks in the walls, wet carpet, or even broken and sliding
foundations are common complaints in construction defect
cases. Homeowners’ complaints to the developer may go
without resolution.
According to the homeowners, the developer is putting
band-aids on damage that needs stitches or major surgery.
When there is no satisfaction in trying to deal directly with
the developer, the homeowners seek the services of an attorney.
Developers’ Perspective
Developers are “good guys” who rise to the occasion to
abate housing shortages. They draw up plans that receive
approval from city, county, and state agencies. The best
subcontractors are hired, jobs are created, homes in the development
are selling at a record pace, and life is good.
In some cases, unfortunately, when the last escrow closes,
complaints from homeowners begin flooding in faster than
customer service can handle. The developer tries mightily to
keep the homeowners happy, but the unthinkable happens—
8
FACTS & FINDINGS / AUGUST 2003

the homeowners consult an attorney.
So the process begins. It has come down to homeowner
against developer and developer against subcontractors.
The Paralegal’s Role
Legal assistants are the key to success in these complex
matters. The first crucial step by the paralegal is to meet with
the client prior to the complaint being filed. Or, if representing
the developer, to meet or talk with the insurance claims adjustor
after the complaint is filed. This may be the single most
important step in working on construction defect cases.
It is extremely important to gain the confidence of the
client(s). Once this confidence is solid, the legal assistant can
begin preparing for trial on a firm foundation from the very
start of the case. This principle applies for both the plaintiff
and the defendants.
Investigation of developers and homeowners is much the
same, with the exception that the status of licenses and permits
of the developers must be examined. Investigations and witness
statements have a vital role in the success of the case. Specifics
covered in the investigations are
1. Background checks
2. Involvement in other lawsuits/judgments
3. Bankruptcy
4. Criminal records
5. Status of licenses and permits (for developers)
The Pre-Litigation Process
Plaintiff & Developer Documentation: Regulations and
codes must be checked before the complaint is filed. Some states
will not allow the complaint to be filed until there is some sort of
mitigation and mediation process between opposing parties. This
mitigation process is usually between the plaintiff and the developer,
and should be dealt with just as if a complaint had been filed.
In cases where the complaints may be attributed to the
subcontractor, that subcontractor may also be brought into the
pre-litigation process. The paralegal gathers documentation
from the client(s) and organizes it into a database. There are
many database applications for this purpose, such as those by
CaseSoft and Abacus.
There are many issues in construction defect cases that
need to be identified at this early stage. The most common
issues for a cause of action include
1. Strict Liability
2. Breach of Contract
3. Breach of Implied Warranty
4. Breach of Express Warranty
5. Fraud
The list of common defects can include
1. Leaking Roof
2. Defective Plumbing
3. Defective Electrical
4. Structural Defects
5. Architectural Defects
6. Civil Issues
7. Geotechnical Issues
8. Stachy Botrys (Mold Issues)
The paralegal organizes the documentation received in its
respective category within the database. Documentation is
exchanged between opposing parties and the process begins.
Expert Witnesses: Documentation is reviewed by
the legal assistant who prepares an in-depth report of
defects to the supervising attorney. The attorney then decides
which expert will be present at the first site inspection—
a “non-intrusive” inspection. The paralegal works with
the experts and makes sure they have all the documentation
they need to assess or defend the allegations. This relationship
between the experts and the paralegal will last throughout
the case.
Site Inspections (Non-Intrusive Inspections): It is up to
the plaintiff to prepare a schedule for site inspections. The rapport
established with the client(s) by the legal assistant in the
initial meeting has set the stage for cooperation from the
homeowners. The plaintiff’s paralegal explains to homeowners
that the developer has the right to inspect the allegations in an
effort to mitigate the alleged problems.
A sign-in sheet is prepared and the legal assistant oversees
the site inspection process with the experts for both sides of the
case. The sign-in sheet is most often prepared by the plaintiff’s
paralegal, but developers also have the right to maintain their
own sheet if they wish.
This is an important document because it affects the testimony
of the experts. If the expert claims to have been at the
site all day, for example, but the sign-in sheet shows the expert
showed up at 9 a.m. and left at 10 a.m., that expert’s testimony
may be impeached.
Destructive Testing (Intrusive Testing): Once the experts
have inspected several of the homes, the developer usually asks
for destructive testing. Again, it is up to the plaintiff’s legal
assistant to set the schedule with the homeowners and the
experts. Depending upon the number of homes to be tested,
this can be an enormous task. Homeowners must be informed
that a crew of people will be invading their homes for perhaps
a weeklong process.
continued on page 10
FACTS & FINDINGS / AUGUST 2003 9

Anatomy of a Construction Defect Case
continued from page 9
In the case of intrusive testing for structural defects, the
following process should be explained to the homeowner:
1. Carpets will be covered in plastic for protection.
2. All the furniture will moved and covered with plastic.
3. The walls will be cut and inspected.
4. Structural drywall repairs will be made that day, and
an appointment will be made for texturing the walls.
5. The next day, painting will be completed.
6. Furniture will be returned to original positions.
7. If necessary, the process will be redone until the
homeowner is satisfied.
It is vital that homeowners understand this process
to avoid surprises. Watching a crew cut into a wall to
inspect plumbing, wiring, or wall-stud spacing can be a
shock unless the legal assistant exercises great care in
preparing the homeowner.
Expert Reports: The experts then provide a written report
of their findings. The information is entered into the database
prepared by the legal assistant to become a continued reference.
In some states, expert witness discovery is non-privileged,
meaning that even letters written by counsel are discoverable.
Great care should be taken in all expert communication.
Filing & Service
If the pre-litigation process did not yield the desired
results in settling the case and a lawsuit is filed, the paralegal
on the plaintiff’s side begins work on identifying whom to
name in the case. A corporate search should be performed to
identify the entities and solvency of the
sub-contractors—a suspended corporation
cannot be sued. Service of process is made
on each of the defendants either through
personal service or by publication.
The defense, as with the plaintiffs, is
busy preparing for cross complaints. The
process for the defense is much the same
as with the plaintiff’s paralegals.
Case Management Orders
Some states do not work with Case
Management Orders (CMOs), but those
that do have an advantage. Large complex
construction defect cases may have hundreds
of plaintiffs and defendants, and the
discovery process can be a nightmare if
statutory rules are followed. The following
items are usually listed in the CMO with
the dates they are due:
1. Request for production of documents
a) Includes homeowner documents consisting of
complaints, escrow documents etc.
b) Includes the insurance questionnaire for the
defendants and all associated documents such as
job files, escrow information, etc.
2. Special interrogatories
3. Request for site inspections (in addition to the
pre-litigation testing)
4. Requests for destructive testing (in addition to the
pre-litigation testing)
5. Mediation scheduling
6. Deposition schedule for homeowners
7. Deposition schedule for defendants
(“Persons Most Knowledgeable”)
8. Deposition schedule for plaintiff’s experts
9. Deposition schedule for defendant’s experts
10. Document depository location and procedures
(includes costs to be shared)
11. Name of Special Master and cost sharing
11. Trial readiness meeting (depending upon the state)
12. Date of trial (if already set by the time the CMO
is approved).
Document Depositories
& Special Masters
Documentation accumulates very quickly in construction
defect cases. It is not unusual by the end of the case to have,
literally, more than a million documents. To save money and
tons of paper, each party meets early in
the case (usually before any discovery) to
decide on a location for a document
depository. This depository is usually a
court reporting service or copy service
that acts as a third party and stores all the
documents in a single location.
As specified by the CMO, all documents
are to be deposited by certain
dates. All parties agree upon the language
and dates, and the presiding judge signs
off on it.
Even with the organization of a
CMO, there may still be conflicts that
arise between attorneys. For this reason,
a “Special Master” is chosen (and cost
shared) during the case management
phase to handle disputes pertaining to
the discovery process.
10
FACTS & FINDINGS / AUGUST 2003

Witnesses
Good paralegal communication and investigative skills
contribute greatly to the ultimate outcome of the case.
Skillful utilization of public records can be key to success as
more public records (i.e., real estate deeds, license information,
corporation information, etc.) are being placed on the Internet.
Each state has its own Web site where state codes and statutes
as well as many real estate, corporation and partnership records
can be accessed.
The role of legal assistants in the process of finding
potential witnesses and securing sworn statements is vital.
Conclusion
Depending upon the type of trial—whether automated
with the latest technology, or relying on traditional trial
notebooks and exhibits—preparation is key to success.
Trial preparation should always begin as early as possible.
A paralegal’s best tools in construction defect cases are
communication and organizational skills, and thoroughly
understanding the process.
While this article has described the skeletal anatomy of a
construction defect case, there are still “muscles” and “veins”
that govern the success of the case. Legal assistants are at the
heart of the process.
Carolyn Yellis, CLA, is a graduate of Southern California College
of Business & Law where she received her paralegal certificate. She
earned her CLA in 1998, and is currently a freelance paralegal. She
also serves on the Advisory Board of Santa Ana College, and is in
her first term as an advisor on the executive committee of the
California State Bar’s Solo and Small Firm Section.
She currently is Board Advisor, and formerly served two terms
as president of the California Alliance of Paralegal Associations.
During her first term as CAPA
President, she testified before the
California Assembly, Judiciary, and
Appropriations Committees in support
of AB 1761, which was ratified
by the California Governor in
September 2000. She remains
active in educating the public and
the legal community on how the
statute affects paralegals, the legal
community, and the public.
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info@intermark-languages.com
Visit us on the Web at:
www.intermark-languages.com
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language of law.
FACTS & FINDINGS / AUGUST 2003 11

Resources & Opportunities Reviewed
Automotive
Product
Liability
by Margaret Lucas Agius, CLA
We drive them every day—cars, trucks and sport utility
vehicles. Some legal assistants defend them every day as well.
In the area of automotive product liability, there are some
helpful resources that are assets both to rookies and veteran paralegals,
whether working for defendants or plaintiffs. There also
are employment opportunities that may be of interest to legal
assistants interested in automotive product liability. A review of
these resources and opportunities is offered here, along with some
examples of how legal assistants are utilized in this area of the law.
References and Resources
One challenge for a legal assistant working in the
automotive product liability arena is learning the engineering
terms, jargon, and the “alphabet soup” of acronyms. A chart
of some commonly used acronyms, including definitions and
associated Web sites, is provided with this article to help in
mastering the vernacular.
The acronym that stands out from the rest, and will
become a key part of the automotive product liability paralegal’s
vocabulary, is NHTSA (National Highway Traffic Safety
Administration). The NHTSA Web site at www.nhtsa.dot.gov/
offers a wealth of information, including compliance testing,
consumer complaints, defect investigations, recalls, and technical
service bulletins.
As described at the Web site, NHTSA is charged with a
broad range of responsibilities:
The National Highway Traffic Safety Administration
(NHTSA), under the U.S. Department of
Transportation, was established by the Highway
Safety Act of 1970, as the successor to the
National Highway Safety Bureau, to carry out
safety programs under the National Traffic and
Motor Vehicle Safety Act of 1966 and the Highway
Safety Act of 1966. The Vehicle Safety Act has
subsequently been recodified under Title 49 of the
U. S. Code in Chapter 301, Motor Vehicle Safety.
NHTSA also carries out consumer programs
established by the Motor Vehicle Information and
Cost Savings Act of 1972, which has been recodified
in various Chapters under Title 49.
NHTSA is responsible for reducing deaths, injuries
and economic losses resulting from motor vehicle
crashes. This is accomplished by setting and
enforcing safety performance standards for motor
vehicles and motor vehicle equipment, and
through grants to state and local governments to
enable them to conduct effective local highway
safety programs.
NHTSA investigates safety defects in motor vehicles,
sets and enforces fuel economy standards,
helps states and local communities reduce the
threat of drunk drivers, promotes the use of safety
belts, child safety seats and air bags, investigates
odometer fraud, establishes and enforces
vehicle anti-theft regulations and provides consumer
information on motor vehicle safety topics.
Another acronym that is part of every automotive product
liability legal assistant’s vocabulary is VIN (Vehicle Identification
Number). A VIN is to a vehicle what a Social Security
number is to a U.S. citizen. There are a number of Web sites
that offer free, basic information (e.g., year, manufacturer,
country of assembly, model, style and body type, and engine)
about a vehicle based only on its VIN.
12
FACTS & FINDINGS / AUGUST 2003

Two sites that offer this information are www.app.consumerguide.com/autochannel/vhr/index.cfm?act=start&AID=4
01, and Auto Check at www.autocheck.com/autocheck/1
autocheck/jsp/home.jsp?&414=706.
More detailed reports are available for a fee, with a single
report costing less than $20 from either service. Unlimited
access to detailed reports for a specified period of time (generally
60 days) ranges from $19.99 to $23.95. A paralegal may
wish to use this type of service to acquire information not only
about the vehicle he or she is defending, but about other vehicles
involved in the accident as well.
If you don’t know a snap-ring from a solenoid, a glossary
of automotive terms is invaluable. The glossary of more than
400 automotive terms at the iCARumba website, at
www.icarumba.com/icarumba/resourcecenter/glossary/default.a
sp. will help you speak “mechanic” like a true gear-head. The
easy-to-understand definitions and illustrations are adapted
from Chilton’s Easy Car Care.
There are many other useful websites that can be found
with a bit of browsing.
Employment
Paralegal jobs in automotive product liability defense
could be anywhere in the country, but Detroit is the obvious
hot spot. Major law firms in the Detroit area, and throughout
the country, count the “Big Three” auto manufacturers among
their top clients. Most of these firms employ paralegals.
The Big Three have all run Internet job postings for legal
assistants this year. Not all of them were in product liability,
but following are some examples.
DaimlerChrysler Corporation, Auburn Hills, MI, ran two
postings for paralegals on the Michigan Talent Bank at
http://www.michworks.org/mtb/user/MTB_EMPL.EntryMain
Page. Education and experience requirements were an associate’s
degree (bachelor’s preferred), and two years of experience.
1. Assist in-house counsel in general litigation department.
Position includes analyzing legal issues, obtaining information
and preparing written responses to discovery and third party
subpoenas in various types of litigation—employment, commercial,
bankruptcy, and general and auto liability, managing
files, legal research, communicating with outside counsel,
coordinating company depositions.
2. Receive service of process of legal documents; review
and analyze the documents and record essential information
electronically; identify departments to which the documents are
directed; and transmit documents to that department in a
timely manner.
General Motors Corporation, Detroit, MI, also ran a
Michigan Talent Bank posting that required a bachelor’s degree.
Assist attorney by performing various duties relating to
legal procedure and substantive areas of law which would otherwise
be handled by the attorney. Work involves individual judgment,
initiative and resourcefulness with minimum supervision
and direction. Conducts legal research (includes cite checking,
Shepardizing, utilization of Lexis, etc.); compiles documents for
inclusion into and knowledge of computerized litigation support
systems; gathers and analyzes factual and business data;
prepares legal documents in various specialized areas of law for
attorney; prepares name, subject matter and chronological files;
frequent contact with others outside the work group.
Ford Motor Company, Dearborn, MI, ran two job
postings for legal assistants on America’s Job Bank at
http://www.ajb.dni.us/. Education and experience requirements
for both positions included a four-year degree with a legal assistant
major from an ABA-approved program, or a four-year degree
plus certificate from an ABA-approved program, or a four-year
degree plus at least five years of related paralegal experience.
The first Ford position, in consumer litigation was
described as follows:
• Manage a caseload of nationwide warranty and lemon
lawsuits under supervision of an attorney.
• Work with outside counsel to analyze case issues and
evaluate cases for resolution.
• Locate and obtain required company information.
• Learn federal warranty statutes and state lemon-law
statutes for assigned area of coverage.
The second Ford position, in product litigation was described
as follows:
• Work closely with case handler and outside counsel to
analyze case issues and evaluate cases for assessment.
• Review 90-day reports from outside counsel, and locate
and obtain additional information when necessary.
• Prepare and update LMMS reports.
• Locate and obtain company documents and information.
• Locate and interview company personnel, including retirees.
• Coordinate scheduling of depositions of current and retired
company employees within the various engineering groups.
• Assist in compiling accident facts and vehicle information.
• Review and monitor outside expert budgets and bills from
outside counsel and prepare purchase orders for payment
and case handler approval.
• Process and obtain case settlement checks in a
timely fashion.
• Assist case handler in ensuring that major cases are
identified and reviewed by the Trial Preparedness
Committee and handled appropriately throughout the
course of litigation.
• Possible travel is involved.
continued on page 14
FACTS & FINDINGS / AUGUST 2003 13

Automotive Product Liability
continued from page 13
In addition to these types of opportunities, legal staffing
agencies supply the Big Three with contract or temporary,
direct hire, and temp-to-perm paralegals. Some familiar
agencies include:
The Affiliates (http://www.affiliates.com/jobsAFF/)
Contract Counsel (http://www.contractcounsel.com/)
Kelly Law Registry (http://www.thelawregistry.com/)
Paralegals Plus Placement Service
(http://firms.findlaw.com/ppps/index.htm)
Special Counsel (http://www.specialcounsel.com/)
Legal Assistants Rule!
The firm of Miller, Canfield, Paddock and Stone is the
largest law firm in Michigan and one of the nation’s leading
firms in its specialty areas. The firm’s Product Safety Group
works with DaimlerChrysler Corporation in responding to discovery
in product liability and warranty litigation, and assists
with discovery in class action and patent matters. Legal assistants
outnumber the attorneys in this group.
Headquarters for this practice group is the firm’s office in
Troy, MI, where the main responsibilities are written discovery
responses, document production, and dispute resolution in
both product liability and warranty litigation matters. The
group also has two attorneys and one legal assistant in the
firm’s office in Ann Arbor, MI, who work primarily on Jeep
and rollover cases. Computer litigation support duties, including
involvement in development and maintenance of the practice
group intranet, and database creation and maintenance
also fall to the legal assistants.
As national discovery counsel for DaimlerChrysler
Corporation’s Product Liability and Warranty Litigation matters,
the firm’s Product Safety Group paralegals work closely
with DaimlerChrysler Corporation’s in-house legal assistants, as
well as paralegals from law firms around the country. These
firms serve as local counsel for DaimlerChrysler Corporation
in product liability and warranty litigation, and most of them
employ legal assistants in their automotive product liability
practices. The firms include
Bourdeaux and Jones, Meridian, MS
Clark, Thomas & Winters, Austin, TX
Cornell & Gollub, Boston, MA
Cunningham, Harpool & Cordonnier, Springfield, MO
Feeney Kellett Wienner & Bush, Bloomfield Hills, MI
Grace, Genson, Cosgrove & Schirm, Los Angeles, CA
Hall & Evans, Denver, CO
Hanlon, Boglioli & Hanlon, Edison, NJ
Herzfeld & Rubin, New York, NY
Hill, Ward & Henderson, Tampa, FL
Hogan & Hartson, Washington, DC
Lightfoot, Franklin & White, Birmingham, AL
Marshall, Dennehey, Warner, Coleman & Goggin,
Philadelphia, PA
McGlinchey Stafford, New Orleans, LA
McGlynn & Luther, St. Louis, MO
Quale, Feldbruegge, Calvelli, Thom & Croke,
Milwaukee, WI
Sanchez & Daniels, Chicago, IL
Sedgwick, Detert, Moran & Arnold, San Francisco, CA
Snell & Wilmer, Phoenix, AZ
Sutter, O’Connell, Mannion & Farchione, Cleveland, OH
Swanson, Martin & Bell, Chicago, IL
Swift, Currie, McGhee & Hiers, Atlanta, GA
Webster Szanyi, Buffalo, NY
Legal assistants are an integral part of the automotive
product liability defense team, and are employed extensively
and effectively. Paralegals looking for a field that is rich with
interest, busy with activity, and bristling with challenge would
do well to investigate this area as a career option.
Margaret Lucas Agius, CLA, is an automotive product liability
defense paralegal with the Miller, Canfield, Paddock, and Stone firm’s
Ann Arbor, MI, office of the Product Safety Group. She has been a
legal assistant for more than a decade. She holds a B.S. Degree
(with Highest Honors) from Madonna University’s ABA-approved
Legal Assistant Program, and earned her CLA in 2000. Margaret is
an active member of NALA, and
the Legal Assistants Section of the
State Bar of Michigan, for which
she has served as a section council
member. She is also the immediate
past editor of the Michigan
Legal Assistant, for which she has
written a number of articles. Prior
to joining Miller Canfield, she was
employed by the State of Michigan
Attorney Discipline Board for 11
years, nine of which were as the
board’s legal assistant.
mlagius@wideopenwest.com
14
FACTS & FINDINGS / AUGUST 2003

Commonly Used Acronyms
Acronym Definition Web Site (if applicable)
8D Eight Discipline Problem Solving Method and Report
ACAS Automotive Collision Avoidance System www.nhtsa.dot.gov/people/injury/research/pub/ACAS/ACAS_index.htm
AIAG Automotive Industry Action Group www.aiag.org/
AIAM Association of International Automobile Manufacturers www.aiam.org/
ASTM American Society for Testing and Materials www.astm.org/
BAC Blood Alcohol Concentration
BTS Bureau of Transportation Statistics www.bts.gov/
CAMP Crash Avoidance Metrics Partnership www.itsdocs.fhwa.dot.gov//JPODOCS/REPTS_TE/13631/IVI-80.html
CDS Crashworthiness Data System www-nrd.nhtsa.dot.gov/departments/nrd-30/ncsa/cds.html
CI Compliance Investigation
CIREN Crash Injury Research and Engineering Network www-nrd.nhtsa.dot.gov/departments/nrd-50/ciren/ciren.html
CODES Crash Outcome Data Evaluation System www-nrd.nhtsa.dot.gov/departments/nrd-30/ncsa/codes.html
DOT U.S. Department of Transportation www.dot.gov/
DVI Driver-Vehicle Interface
EA Engineering Analysis
EDV Engineering Development Vehicle
FARS Fatality Analysis Reporting System www-fars.nhtsa.dot.gov/
FHWA Federal Highway Administration www.fhwa.dot.gov/
FMCSA Federal Motor Carrier Safety Administration www.fmcsa.dot.gov/
FMEA Failure Mode Effects Analysis http://thequalityportal.com/glossary/f.htm
FMVSS Federal Motor Vehicle Safety Standards www.nhtsa.dot.gov/cars/rules/import/FMVSS/
GES General Estimates System www-nrd.nhtsa.dot.gov/departments/nrd-30/ncsa/ges.html
GVWR Gross Vehicle Weight Rating
IAOB International Automotive Oversight Bureau www.iaob.org/
IIHS Insurance Institute for Highway Safety www.hwysafety.org/
IS
Impact Simulator (or Simulation) Test
ITS Intelligent Transportation System www.itsa.org/
LTVs Light Trucks and Vans
MSDS Material Safety Data Sheet
NADS National Advanced Driving Simulator www-nrd.nhtsa.dot.gov/departments/nrd-12/nads/
NASS National Automotive Sampling System www-nrd.nhtsa.dot.gov/departments/nrd-30/ncsa/NASS.html
NCAC National Crash Analysis Center www.ncac.gwu.edu/
NHTSA National Highway Traffic Safety Administration www.nhtsa.dot.gov/
NTSB National Transportation Safety Board www.ntsb.gov/
OEM Original Equipment Manufacturer
P/N Part Number
PAR Police Accident Report
PCR Police Crash Report
PCs Passenger Cars
PE Preliminary Evaluation
QS-9000 Quality System 9000 http://thequalityportal.com/q_QS.htm
SAE Society of Automotive Engineers www.sae.org/servlets/index
SCI Special Crash Investigations www-nrd.nhtsa.dot.gov/departments/nrd-30/ncsa/sci.html
TREAD Transportation Recall Enhancement,
Accountability, and Documentation Act
www.nhtsa.dot.gov/cars/rules/rulings/Tread/MileStones/index.html
TSB Technical Service Bulletin www.nhtsa.dot.gov/cars/problems/tsb/index.cfm
UMTRI University of Michigan Transportation Research Institute www.umtri.umich.edu/
UTQG Uniform Tire Quality Grading www.nhtsa.dot.gov/cars/testing/UTQG/
VC Vehicle Crash Test
VIN Vehicle Identification Number
VOQ Vehicle Owner Questionnaire www.nhtsa.dot.gov/cars/problems/ivoq/default.htm
VRTC Vehicle Research and Test Center www-nrd.nhtsa.dot.gov/vrtc/vrtcstar.htm

Po
Windows
er
Can
by Robert M.N. PalmerKill
Power windows are a largely unknown menace to children,
although they have killed dozens and injured thousands since
toggle-type power window switches were added to car doors. A
downward push on these switches activates the “up” as well as
“down” direction of the window—a most dangerous condition.
Most parents are unaware of the danger these convenient
devices present to children left alone, even for short periods, in
automobiles. The organization Kids ‘N Cars asserts that this
ignorance cuts across all economic levels in our society and is,
in fact, so common as to be considered benign.
Very few parents appreciate that most power windows are
strong enough to lift a small child’s body. By exerting only a
two-pound force (average) on the power window toggle switch,
the window is activated to exert an upward force of between 50
and 80 pounds. Since only eight to 12 pounds are required to
lift the actual window, the excess available force (40 to 70
pounds) is more than enough to trap and choke a child
between the glass and upper window frame.
Even an inadvertent touch on the “up” side of the toggle
switch can zip a window to the tightly closed position in two
to four seconds. This is often faster than a child can move out
of harm’s way, resulting in entrapment of the child’s head,
neck, or other body part. An un-recessed power window toggle
switch is a dangerous and defective device, because it allows the
release of so much deadly energy through minimal accidental
contact by a child’s elbow, knee, or foot.
Shocking Track Record
The automotive industry has for decades been aware of
the dangers of power windows. Power windows have been
instruments of death and/or serious physical injury to children
(and others) since their introduction into the U.S. market
(without safety controls) in the late 1950s and early 1960s. A
highly publicized example, literally in the U.S. auto industry’s
back yard, occurred in the mid 1960s when the three-year-old
son of Detroit’s Mayor Cavanaugh was nearly strangled by the
power tailgate window on a station wagon.
During ensuing years, many other tragedies have occurred
due to power windows. In 1963, a power window killed a
three-year-old Wilmington Delaware girl, Kathleen Nockett. In
1968 a two-year-old boy in West Los Angeles died from
entrapment in a power window.
Recognizing the dangers, Ralph Nader sent a May 6, 1968
letter to the Department of Transportation (DOT) urging the
DOT to order a recall and modification of power windows—
or at least to issue a public warning of the dangers. His suggestions
were rejected, but warnings were issued to the public by
the U.S. Government later that year. The government advisories
explained the dangers of power windows to children, and
recommended that power windows be wired so that they could
not operate without the car’s ignition switch being on.
Despite this warning, the automotive industry continued
to produce power windows that were a hazard to children.
In 1969, an eight-year-old Dunsmore, CA boy was killed by
a power window, and two-year-old Kelly Chermock died after
being comatose for six months from entrapment in a power
window. In 1970, six-year-old Rosemary Walton of
Philadelphia was strangled by a power window.
The tragic list has gone on, year after year, to the present
day. In 1994, children died from power windows in La Crosse,
WI, and Anchorage, AK. In 1996 a Springfield, NJ, child was
killed. In 1998, power windows killed children in Iowa,
16
FACTS & FINDINGS / AUGUST 2003

Arizona and Florida. In 2001and 2002, two children died in
Kansas from power window entrapment. In Oklahoma, a 15-
year-old boy died from power window strangulation, and a
three-year old child suffered severe brain damage from entrapment
in the power window of her mother’s car.
Change is Slow
In response to the known dangers of power windows, the
Federal Highway Administration in 1969 proposed a Federal
Motor Vehicle Safety Standard (34FR13608) to provide some
minimum safety standards on passenger car power windows.
The proposal cited a number of deaths and injuries to children,
urged a goal of minimizing the likelihood of such
tragedies, and suggested that operation of power windows
should be possible only with the ignition on. That same year
the FHA proposed the requirement of reversing power windows
by the 1972 model year.
By 1986, some European governments began to require
automakers, including U.S.-made vehicles for sale in Europe, to
incorporate anti-trapping/anti-pinching power windows. In 1987,
the National Highway Transportation Safety Act (NHTSA) proposed
that an automatic reverse function be incorporated in certain
power window systems, but comment from much of the auto
industry was resistant to this proposed requirement. NHTSA
eventually only required automatic reverse on vehicles equipped
with remote or keyless window actuation devices.
Child strangulation and other pinching/entrapment injuries
by automotive power windows have been recognized over the
years in various technical papers and by NHTSA. Patent information
addressing the safety of power windows also has available for
decades to the auto industry. The first window-reversing patent
(Patent 3,465,476) was issued in 1967, and in 1972 a French
mechanism company was issued a reversing electrical switch
patent (Patent 3,662,491). This patent clearly points out the hazards
to a child’s head and neck presented by a power window.
From 1980 to 1987 at least nine additional patents were
issued addressing power window safety and window-reversing
mechanisms. The automobile manufacturers’ engineers and
patent office personnel should have been aware of these
devices, and of the great need for improved power window
safety which gave rise to them.
Despite this longstanding knowledge of the dangers, and
despite a number of technically feasible alternative designs,
most manufacturers have failed to take action, and have
designed and manufactured power window mechanisms to
merely meet minimum requirements of FMVSS 118. It is clear
that such a design decision did not address the defects in the
inherently dangerous design of power windows.
Better Designs Work
Numerous technically feasible alternative designs were,
and are, available that could have prevented many tragedies.
Automatic power window reversing mechanisms exist in several
forms, including optical sensors that detect an object in the
window path, voltage load buildup sensors that reverse on contact
with an obstruction, or infrared sensors that reverse the
window without contact. Some 1980s Japanese vehicles were
equipped with windows that stopped (but did not reverse)
when they met with resistance.
The simplest and least expensive alternative design available
is a horizontal “pull-up/push-down” power window
switch. This intuitively simple switch requires the user to deliberately
pull upward on the switch to raise the window, reducing
the possibility of inadvertently raising the window by accidental
contact. The cost of such a switch would be virtually the
same as the cost of the dangerous toggle type switch still used
by some manufacturers.
The pull-up/push-down power window switches are obviously
feasible, as demonstrated by their use on many vehicles
over the years. These include the Eagle Talon, Eagle Summit,
Toyota, Mazda, Lexus, Honda, Isuzu, Saab, Suzuki, Mitsubishi
Eclipse, Acura, Chrysler Sebring, GM, Dodge Avenger,
Hyundai, KIA, Infiniti and Volvo.
Manufacturers have been slow to change the design of their
power windows or switches, and children across the country will
continue to be exposed to this danger. And the manufacturers
will continue to be held responsible for their injuries and deaths.
Robert M.N. Palmer is a partner in the Law Offices of Robert
Palmer, PC, Paducah, KY. He has extensive experience representing
plaintiffs in automotive product liability cases and has published
many articles on the subject. He
holds a B.A. degree from
Southwest Missouri State
University, an M.T.S. (summa cum
laude) from Gordon-Conwell
Theological Seminary, and an M.A.
degree from the University of
Missouri at Columbia, where he
also earned his J.D. degree in
1982. He received the Outstanding
Teaching Award while on the faculty
of the University of Missouri at
Columbia in 1979, and has been
listed in Who’s Who Among
Outstanding Americans.
see charts on next page
FACTS & FINDINGS / AUGUST 2003 17

Estimated Number of Persons Injured by Motor Vehicle Power Windows, October 1993–September 1994.
Source: U.S. Department of Transportation, National Highway Traffic Safety Administration, National Center
for Statistics & Analysis–Research & Development,
Table 1 • By Injury-Producing Action
Injury Producing Action Estimated Number %Total
of Persons Injured
Closing window on a hand, wrist, 437 88%
or finger
Faulty power window 43 9%
Working on power window 19 4%
and/or cut by broken glass
TOTALS 499 100%
Table 2 • By Injury Diagnosis
Diagnosis Estimated Number % Total
of Persons Injured
Fracture 192 38%
Crushing 150 30%
Contusion or abrasion 77 15%
Dislocation 43 9%
Laceration 19 4%
Strain or sprain 18 4%
TOTALS 499 100%
Table 3 • By Injured Body Part
Body Part Injured Estimated Number % Total
of Persons Injured
Finger 384 77%
Wrist 61 12%
Hand 54 11%
TOTALS 499 100%
Table 4 • By Injury Severity
Severity of Injury Estimated Number % Total
of Persons Injured
Minor 264 53%
Moderate 235 47%
TOTALS 499 100%
Table 5 • By Age
Age of Person Estimated Number % Total
of Persons Injured
0–5 years 158 32%
6–14 years 158 32%
15–29 years 68 14%
30–44 years 38 8%
45–59 years 43 9%
60–more years 34 7%
TOTAL 499 100%
18
FACTS & FINDINGS / AUGUST 2003

FREE SPEECH & FAIR USE STIFLED?
THE DIGITAL
MILLENNIUM
©OPYRIGHT ACT
by Cathy L. Clamp, PLS, CLAS
At the end of the past century, advances in electronics and
software occurred faster than laws could be written to govern
them. Development of CDs, MP3 recording devices and PDF
software brought a flood of books, movies and music within
reach of a growing worldwide Internet audience. These same
advances gave rise to piracy and fraud.
In 1998, Congress sought to bring the United States
into compliance with the 1996 World Intellectual Property
Organization (WIPO) Copyright Treaty. Their efforts
resulted in the Digital Millennium Copyright Act of 1998
(DMCA). Introduced as H.R.2281 and codified as 17 U.S.C.
§ 1201, et seq. of the U.S. Code, the DMCA was enacted
not only to comply with existing treaties, but also to provide
protection for creators of software and copy-protected CDs
and videos. In addition, Internet Service Providers such as
AOL had come under fire for allowing illegal copyrighted
material to be posted on their sites.
The intention of DMCA was honorable. Subsequent
cases and interpretations, however, have raised concerns about
the protection of libraries and scientific researchers from
prosecution for previously legitimate acts. Interpretation of
certain provisions also could pose serious problems for
consumers who seek to make use of copyrighted materials
that they have properly purchased.
DEFINING CASES
Four cases have defined the parameters of concern with
DMCA, raising issues of censorship, stifling of free speech, and
hindrance of legitimate competition and fair use.
United States of America v. Elcom Ltd., Elcomsoft Co., Ltd,
and Dmitry Sklyarov, 203 F.Supp.2d 1111, 2002 Copr.L.Dec.
P 28,453, 62 U.S.P.Q.2d 1736.
Dmitry Sklyarov is a Russian computer programmer
employed by Elcomsoft Co., Ltd. In July 2001, while
attending the Def Con hacker conference in Las Vegas, he
was arrested by federal agents after giving a presentation
on e-book security and was jailed for several weeks before
being returned to Russia.
In this case, Adobe Systems, Inc., had accused Elcomsoft
of marketing a software program called the Advanced e-Book
Processor. This application exploits a vulnerability in the proprietary
software, and allows a user to strip copy and use
restrictions from Adobe e-books to allow them to be printed,
backed up and read aloud. These are not features of the Adobe
Portable Document Format (PDF). Sklyarov was neither
accused of infringing on copyrighted e-books, nor assisting
anyone else in doing so. Rather, he was prosecuted under
Section 1201 of the DMCA, which prohibits any person from
manufacturing, importing, providing, offering to the public or
otherwise trafficking in a circumvention technology.
Even after Adobe withdrew their complaint, federal prosecutors
chose to go forward with the suit. Charges against
Dmitry Sklyarov were ultimately dismissed and Elcomsoft was
acquitted. While jurors agreed with prosecutors that the product
was illegal, they understood how the law could be confusing
to the Russian company. Elcomsoft’s attorney cautioned
that the acquittal does not mean software developers should
consider themselves immune from future criminal prosecutions
continued on page 20
FACTS & FINDINGS / AUGUST 2003 19

The Digital Millennium Copyright Act
continued from page 19
under the law. “This is sort of the first dent in the
DMCA…but developers still need to be careful,” Burton said.
While this suit might seem a legitimate use of DMCA to
protect Adobe’s copyrighted software, other individuals and
companies which rely on the ability of a competitor of copyrighted
inventions to “reverse engineer” a similar product,
pulled their intended products from the market, fearing prosecution
on similar grounds. Likewise, Dug Song, an author of
papers regarding software security, removed a paper from his
Web site describing a common vulnerability in many firewalls.
Other programmers who have found flaws in proprietary software
have withheld papers or made anonymous reports instead
of being identified with the information. Detractors of DMCA
claim that the fear of prosecution stifles legitimate competition
and free speech.
Universal City Studios v. Reimerdes, 82 F.Supp.2d 211
(S.D.N.Y. 2000), broached both the issues of freedom of press
and fair use. Eric Corley, publisher of 2600 Magazine, in its
coverage of the DMCA controversy, posted on its Web site a
link to a program known as De-Contents Scramble System
(DeCSS), which defeats encryption used on DVD movies.
Corley and 2600 were not accused of creating the software, or
of using the software to infringe on existing copyrights. The
district court found that the mere posting of the link was sufficient
to be in violation of the provisions of §1201, and they
were permanently barred from publishing or even linking to
the DeCSS software code.
The Second Circuit Court of Appeals upheld the lower
court decision in November 2001. The mere threat of litigation
has silenced many web bulletin boards. According to an
article entitled “Call it the Digital Millennium Censorship Act,”
by Julie Cohen, law professor at Georgetown University: “A
publisher can prohibit fair-use commentary simply by implementing
access and disclosure restrictions that bind the entire
public.” While not the intent of the drafters, the DMCA seems
to protect one side of the public while unfairly restricting the
other.
Within the ruling, the DeCSS software was held to be a
violation of the DMCA because it defeated the encryption
placed on the product by the copyright owners. Yet, prior to
the DMCA, an individual consumer had the right of “fair use”
of a purchased copyrighted item. “Fair Use” is the doctrine that
allows the public to use copyrighted works, without having to
ask permission of the owner, so long as the use does not unduly
interfere with the owner’s market of the work.
The right of a consumer to purchase a music CD or
a VCR tape of a movie and make additional copies for
his/her own use has long been established. However, any
consumer who chooses to defeat anti-copy encryption on
products sold since the institution of DMCA are subject
to a first offense fine of $500,000 and/or five years in federal
prison. A second offense will net the violator a fine of
$1,000,000 and/or 10 years!
Edward Felten v. Recording Industry Association of
America, (RIAA), Case No. FVR63285 (D.N.J. 2001), also
dealt with freedom of speech in a different setting. In April
2001, just before the 4th International Information Hiding
Workshop, Professor Edward Felten of Princeton University
received a letter from RIAA strongly suggesting that if he were
to give his planned speech on cracking digital watermarks in
software such as Secure Digital Music Initiative (“SDMI”),
they would file suit under DMCA.
Professor Felten not only chose to give his speech,
he filed suit against RIAA and the U.S. in New Jersey
Federal Court. He asked the court to declare that he and his
research team had the First Amendment right to discuss and
publish their work, even if it may discuss weaknesses in the
systems used to control digital music. After both the government
and RIAA filed documents stating that “scientists
attempting to study access control technologies” are not
subject to the DMCA, the Court dismissed Felten’s case.
They chose not to appeal the dismissal, hoping to take the
industry and government at their word that they will never
again threaten scientific research.
SOME GOOD NEWS
Not all of the DMCA news is bad. The case of Ellison v.
Robertson, 189 F.Supp.2d 1051, 2002 Copr.L.Dec. P 28,420,
62 U.S.P.Q.2d 1170, will assist Internet Service Providers
(ISPs) in avoiding liability for illegal material appearing on
their networks.
Harlan Ellison, author of several books and short stories,
sued AOL in 2000 alleging that the company violated the
DMCA by allowing unauthorized copies of his works to
appear on Usenet servers for two weeks. The suit originally
named the fan who scanned the works, as well as the newsgroup
host, but both other parties settled, leaving AOL as the
only defendant.
U.S. District Judge Florence-Marie Cooper correctly
interpreted the provisions of existing copyright law, as
20
FACTS & FINDINGS / AUGUST 2003

well as DMCA when she said that the company “did not induce or encourage Robertson [the fan] to directly infringe Ellison’s
work.” She ruled that AOL is protected by DMCA from liability so long as the disputed content is removed when the ISP
is notified.
The future of the Digital Millennium Copyright Act depends on both court interpretation and legislative action that will not
only protect the owners of copyrighted works, software and systems, but will continue to allow fair
use of the works by the public, schools and researchers. While not being reduced to lawsuits at present,
libraries and on-line universities all over the world are holding their breath to determine if loading
textbooks on Web sites is a violation of the provisions of the DMCA.
The U.S. copyright laws have always carefully balanced the rights of both inventors and
competitors, while allowing fair use by its citizens. This is a wise guiding principle that should
encourage DMCA amendments allowing protection to all parties through the next millennium.
Cathy L. Clamp, PLS, CLAS, is a freelance paralegal in Denver, CO, with specialties in both real estate
and intellectual property. She is co-author of two novels, one an e-book, and one a traditional print book,
both scheduled for release in 2003.
clamp@centex.net
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FACTS & FINDINGS / AUGUST 2003 21

Get
‘Wired’
for
Savings
by Robert Gibson and Jennifer Beauharnais
The advent of computers made huge savings possible to
law offices. Now the Internet is generating a new wave of savings
and efficiencies by reducing travel, eliminating paperwork,
cutting delivery costs, and giving firms greater control over
such activities as depositions and process service. And,
Internet-enabled legal services are multiplying.
The latest Internet advantage to come on the scene is “eenabled”
process service, which takes much of the hit-or-miss
uncertainty out of inter-jurisdictional and international service
of legal documents by automating key steps in the process.
Other e-enabled services coming into widespread use are
Internet depositions, e-procurement and electronic filing of
pleadings and other court documents.
Online Depositions
With traveling, scheduling and rescheduling involved, traditional
depositions can be very costly. Now, however, with
nothing more than a personal computer, an Internet connection
and an Internet deposition provider, lawyers can join, monitor,
or take a deposition “live” from any location—office, home, or
hotel room. While the primary attorney attends the deposition
in person, others, such as co-counsel, expert witnesses, legal secretaries
and paralegals, can join in from other sites via a live
Web-cast beamed directly to and from their computers.
By eliminating travel, this approach cuts costs and saves time.
It also simplifies scheduling by reducing travel-related conflicts.
During an Internet deposition, everyone involved, including
clients, can see and hear the deponent through real-time
streaming audio and video. They can also read the text of the
court reporter’s real-time transcript and discreetly exchange
messages or suggestions for lines of questioning.
Two-way audio allows offsite-to-onsite questioning of the
deponent. For example, co-counsel of the deposing lawyer, or
an assistant, could remotely monitor the deposition and suggest
lines of additional questioning with suggestions appearing
at the bottom of the deposing lawyer’s screen. This private
communication also enables a lawyer to enter objections and
pose follow-up questions from offsite.
While the firm’s lawyers are taking the deposition, support
staff working in different offices can retrieve and deliver crucial
case information via an electronic messaging system. This keeps
the deposing lawyer fresh on the intricate details of the case and
on target during questioning. The secure transmission and display
supplied by the Internet deposition provider ensures that
opposing counsel and their witnesses see none of this.
To participate in an Internet deposition, the deposing
lawyer and any other parties designated as permitted participants
simply log on to the provider’s Web site, using the case’s
password. No special hardware or software is required, just a
personal computer and Internet connection. Participants need
no special training other than simple Web navigation skills.
Once logged on to the deposition Web site, a lawyer or
assistant simply clicks a button to attend a deposition. A security
alert ensures that no one other than the predetermined
parties can see or participate in the proceeding. The unauthorized
are also excluded from participating anonymously or
under a pseudonym. Firewall and encryption technology prevent
hackers or unwanted visitors.
The onsite set-up is simple. A miniature video camera
records the witness, whose testimony is displayed as it is given.
The deposing lawyer and any remote participants see the image
of the deponent in the top left corner of their computer screen
and hear the actual testimony through a streaming audio feed.
Beneath the video picture is a messaging area, where
22
FACTS & FINDINGS / AUGUST 2003

lawyers and assistants can see the names of all participants
monitoring the Internet deposition. They can also read either
public messages posted to the entire group or private messages
sent directly to them.
On one part of the screen, the court reporter’s real-time
transcript scrolls along as the words are spoken. While the proceeding
is in progress, associates, co-counsel or assistants can
begin marking obvious testimony points in the transcript for
later review as well as adding notes to any section.
As the deposition progresses, lawyers can instantly object
to portions of testimony by clicking a drop-down menu with
several types of objections, such as relevance, asked-andanswered,
etc. The lawyer then clicks the “send” button and all
parties hear the objection spoken by a synthesized voice and
see it appear in the transcript.
Online deposition transcripts are automatically synchronized
with the streaming audio and video. When lawyers or
other legal professionals edit the transcript for pre-trial preparation
of witnesses or to select significant portions for use at trial,
they are simultaneously editing the video. This can save the
firm and its client hundreds or thousands of dollars in video
post-production costs.
Before Internet depositions, videoconferencing was used
for remote participation in legal proceedings, but it required a
large video camera, bright lights and a videographer to operate
the equipment. Internet depositions require less equipment and
no videographer. The costs are much less, and the unobtrusive
equipment is less distracting or intimidating to the witness.
Process Service Automation
Clearing firms are now in place to automate those segments
of the process service industry that have long frustrated
lawyers—namely, the service of papers in other jurisdictions.
Process service is a huge industry—a $3.6 billion
market handling about 100-million documents annually. But it
is also a “mom and pop” kind of business with thousands of
little firms scattered across America. Many service only their
own locality, and this “local” mindset explains many of the
industry’s limitations. It works well locally, but once a lawyer
seeks to serve papers in another jurisdiction, the system falters.
Generally, the responsibility for getting such inter-jurisdictional
papers served falls on the legal assistant. Until now, paralegals
have had two options—both bad.
With one option, the legal assistant locates a process server
in the area to be served, negotiates a price, sends the papers to
the process server, then follows up to ensure that the papers are
served properly. This involves establishing a business relationship
with an unknown entity for a one-time transaction. Because
there is no likelihood of repeat business, the process serving firm
has no incentive to provide the same level of service that it offers
its regular customers. The law firm is gambling that it has selected
a reliable firm, and even when it is right, the shepherding of
the papers requires an inordinate amount of time.
The other option is for the law firm to assign the job to its
local process-serving firm. They, in turn, subcontract the job to
a firm in the other jurisdiction and follow up to make sure that
it’s done right. Although interjurisdictional process service pays
much higher margins, most firms regard it as a nuisance and
provide it only to maintain their customer base. They call it
“foreign” process and treat it accordingly.
Compounding the problem is the fact that some process
servers fail to comply with the requirement that papers must be
served according to the rules of the original jurisdiction.
Rather than check on the rules of the original jurisdiction,
many find it quicker and easier to follow the more familiar
rules of their own locality. As a result, about half of all interjurisdictional
serves are not completed correctly, and many
have to be repeated.
An obvious solution is to turn the job over to a “clearing”
company that can handle the work expeditiously and provide a
high level of supervision. In the past few years, such “clearing”
companies have begun to provide law firms with more reliable
inter-jurisdictional service. However, they are still something of
an innovation, and many law firms are unfamiliar with them.
Here’s how they work:
First, the legal assistant initiates the process by contacting
the service provider by phone, fax or e-mail and telling them
that papers are ready to be delivered. The lawyer’s office receives
immediate confirmation automatically by fax, e-mail or online.
Next, the service provider’s system automatically dispatches
a courier to pick up the papers. An expediter simultaneously
assigns the job to a process server in the target area. The
documents are then transported to the service provider’s office,
where they are scanned into the system and either e-mailed,
faxed or shipped to the process server.
The system then monitors the service process until it is
completed successfully and provides online status reports to the
law firm 24 hours a day, seven days a week. Once the paper is
served, the system automatically notifies the lawyer, and a
proof of service is generated, executed by the server, and
shipped overnight to the law firm.
End-to-End E-Procurement
Law firms are already using the most basic form of e-procurement
simply by buying products and services over the Internet.
Many may even be using software packages that automate the
Internet ordering process. Using a system such as this can save
time and cut postage and paper costs, but without integration to
back-office finance systems, the firm misses out on the largest
opportunities for savings. Taking full advantage of e-procurement
means tying the firm’s procurement system not only into its financial
system but into the systems of its suppliers as well.
continued on page 24
FACTS & FINDINGS / AUGUST 2003 23

Get ‘Wired’ for Savings
continued from page 23
Corporations are leading the way into e-procurement.
Because of the costs involved, law firms and other smaller
organizations are lagging behind. However, one way for smaller
organizations to take advantage of e-procurement’s benefits is
to consider using application service providers (ASPs).
By running their e-procurement and finance software on an
ASP’s hardware, a law firm can reap the benefits of e-procurement
without the cost of actually owning and maintaining the hardware.
Tying e-procurement to the firm’s financial system can make
the entire process virtually paperless. Sound unlikely? Take a look.
It starts with an electronic requisition that is routed automatically
for authorization. Office staff enters requisition data
only once, some of which can be supplied automatically. This
speeds up the process and reduces the chance for errors.
Once the requisition is approved, the actual purchase can be
handled a number of different ways. The person handling the order
can call up electronic catalogs from approved suppliers and order
directly from them. Some advanced systems can search approved
vendors for the lowest price and make the purchase automatically.
Once the purchase is made, receiving can be handled electronically
with electronic matching of the goods received with
the purchase order and invoice. Some systems automatically
notify the supplier that payment has been authorized so the
supplier can eliminate invoice generation and simplify the reconciliation
process. There are a number of steps, but most are
automatic and, in the best systems, are also paperless.
The key advantage to this is that financial data are automatically
updated throughout the process. Information is
always current, and office staff handling accounts payable and
purchasing will not have repeatedly re-enter the data. The
biggest saving, however, is in manpower. Electronic procurement
gets the job done faster and eliminates extra steps—not
to mention cutting costs of paper and postage.
If the firm does not tie its systems together, e-procurement
becomes an isolated step, with the purchasing information stopping
at procurement. The firm winds up with data stored in a
number of different places at considerable extra cost and with
greater opportunity for errors. Typically in such systems, much of
the process is handled manually with paper documents. The supplier
still prepares paper invoices and mails them out, while the
law firm cuts paper checks and mails them back. Checking current
purchases against budgets requires that data be drawn from
several sources, and even then the information won’t be current.
Automating the purchasing process, from requisition to payment,
creates a paperless procurement process that is fast and secure,
yet permits all users to share the information on a real-time basis.
File Pleadings Electronically
Despite widespread use of computers in law offices, the
filing of legal documents with the courts remains a labor-intensive
process. However, courts are beginning to replace or supplement
paper-based filings with electronic systems that allow
documents to be filed over the Internet 24 hours a day, seven
days a week. Many of these electronic filing systems are accessible
from any Internet connection by anyone, including the
general public. This means that lawyers can log on to the system
at any time and quickly locate or search documents.
Advantages of electronic filing systems are many. They simplify
and standardize the process of filing court documents; they greatly
reduce the resources devoted to generation, manipulation, storage
and retrieval of paper filings, including much less expenditure on
paper, toner, printer upkeep and repairs, photocopying, postage and
courier services; they reduce errors in copying and transcription; and
they facilitate access to and sharing of court documents.
The typical electronic filing system uses e-mail or a Web-based
form to transmit a document (motion, pleading, etc.) electronically
to the court. If e-mail is used, the document can be included in the
e-mail as an attachment or in the actual e-mail text. The filing
party provides proof of identity (such as a digital signature or a user
name and password) and some kind of electronic “caption” identifying
the case in which the document is being filed. Encryption is
used to ensure the security of the transmission.
The receiving court verifies the identity of the filer and
extracts both the contents of the document and the electronic
caption from the electronic filing. The court then sends an
acknowledgement to the filer, enters information from the caption
into the court’s case management system and files the
pleading appropriately.
Courts that adopt electronic filing systems benefit from a
drastic reduction in the amount of physical space required to
store case files and in the amount of time spent by court staff
searching for and handling case files. Data entry time is sharply
reduced because information can be automatically extracted
from filings and distributed throughout the system.
Efforts are underway to develop national technological
standards for electronic filing systems to spur the widespread
development of electronic filing systems by software vendors,
stimulate courts to adopt such systems, and ensure that such
systems are capable of interacting with each other.
Looking Ahead
At this time, many of the new Internet services are still in
early stages of development, but they are rapidly becoming more
sophisticated as new software and powerful computer languages
like XML (extensible markup language) increase the ability of
computer systems to “understand” the information in documents
and databanks. Such capabilities are already enabling lawyers and
legal assistants to search databases more quickly for very specific
information, and are helping eliminate redundant tasks such as
re-keying information and doing away with the nuisance of
24
FACTS & FINDINGS / AUGUST 2003

printing, collating, messengering, and filing paper
documents. File cabinets, copying machines and
other paraphernalia of the “Paper Age” are starting
to disappear as computerization and network services
make the promise of paperless offices a reality.
Unlike the introduction of computer systems,
with their high costs and demanding training
requirements, this new Internet wave promises to
provide a far higher ratio of benefits to costs for law
firms. Most of the
investment and
much of the training
has already
been done, so law
firms should not
look upon this new
wave with foreboding
but rather greet
it as further fulfillment
of promises
made long ago by
the computer
gurus and their
Internet successors.
Jennifer Beauharnais is a legal assistant in the
New York City office of Holland & Knight, LLP, an
international law firm with more than 1,200 lawyers.
jmbeauharnais@hklaw.com.
Robert Gibson, co-founder and CEO of
Serve-em.com, an inter-jurisdictional process serving
company, has an extensive background in applied
technology programming. Over the past eight years,
he has developed automated systems for the process
service industry.
ceo@serve-em.com.
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y Ann Marie Verity
Paris may be the ultimate glamour city, but my path to
The City of Lights as a legal assistant has been circuitous, and
more arduous than glamorous. I formerly lived here as a student
of French, but my real residence began when I accompanied
my spouse on a “short-term” assignment for him to
launch a new company in Munich.
The assignment was repeatedly extended, then became a
transfer to Paris. At the time the transfer proposal was made, I
was actually ready to return to family and friends in the United
States, and to continue my career. After many years of working
in law firms, I wanted to try a corporate legal department,
preferably in an international organization. I hoped that my
language skills and recent experience with a German IP firm
would be of interest to a multinational company back home.
But the appeal of Paris was strong. After some initial
research, I realized that finding work as a paralegal in Paris
would be challenging. The profession is not very developed
here, and (to my knowledge) there are no specialized educational
or training programs. I heard that “paralegal” positions
often were filled by recent college graduates who treated them
as interim jobs, rather than a career choice. Many large U.S.
law firms and corporations, however, have Paris offices, so I
concluded that there was at least a chance.
le premier pas
The first hurdle faced by anyone outside the European
Community (EC), regardless of profession, is getting permission
to legally live and work in France. A U.S. citizen can enter
France as a visitor on a simple passport and remain for up to
90 days, but in order to work, you must first find a job and
your prospective employer must “sponsor” you. Your employer/sponsor
must also make the necessary applications to the
appropriate governmental agencies, then submit a complete file
including evidence proving that you fulfill the requirements of
the position—rather than a French national or citizen of
another EC country residing in France.
I can understand that in a country with a relatively high
unemployment rate (currently higher than nine percent), work
permit applications must be scrutinized. But the procedure is
burdensome for both the employer and employee, it can take
many months, and you cannot begin working until the process
has been successfully completed.
bonheur
Once settled in, I started work on what I intended to be a
mass mailing to my initial target firms and companies. Then a
bit of luck came my way. I picked up a copy of a publication
called France-USA Contacts (www.fusac.fr), that I knew to be a
good source for classified ads of all types, including jobs requiring
native English speakers.
I happened upon an advertisement for an experienced English
mother-tongue paralegal, with proficiency in French, for a global
enterprise. I sent my resumé immediately, and after two interviews
(the first in French, the second in English), I landed the job.
The company provides travel agent and travel-related services
to businesses. My position was newly created, and it is
exciting and challenging to be the company’s first paralegal in a
country where the profession is not well known. The attorney
26
FACTS & FINDINGS / AUGUST 2003

to whom I report attended law school in the United States and
practiced in New York for many years. She knows what professional
paralegals can do and decided that it made sense to add
a paralegal to her staff, rather than another attorney.
My main responsibilities include management of our
trademark portfolio, preparation of contracts for the products
and services we provide to our clients, and general corporate
matters, including mergers and acquisitions. My experience in
IP, business organizations, and transactional work prepared me
for the diverse legal matters of a large global corporation.
par élans
The attorneys and I must continually educate others within
the company and third party contacts as to what a true paralegal
is and does. In addition, as all HR records are in French,
there was the question of how to translate the word itself into
French. After several attempts, it was decided to simply use the
English term. French language purists may not be happy about
another Anglicism creeping into their language (e.g., le marketing,
le chewing gum, etc.), but the decision was not mine.
Our offices are just outside the center of Paris, in a modern
non-descript building. Since English is the official working
language, and the two attorneys I work with are American, I
sometimes can forget that I am in Paris. However, there are little
reminders throughout the day—such as someone walking
down the corridor with a cigarette in hand (yes, an employee
can smoke in his or her private office), lunch in one of the
nearby cafés or bistros, or a conversation with someone from
another department who prefers to speak French rather than
English (and I welcome the opportunity).
In addition to housing the international legal department,
the Paris office serves as the EMEA regional offices. We have
expatriates who have transferred here from all over the world,
which makes for a rich multicultural environment. We are also
hosts for many company-wide events, so there is a constant
stream of visitors from our other offices throughout the world.
My department regularly conducts a Legal Workshop
designed to help our sales people and account managers with
the contracting process and increase their awareness of legal
matters important to the company—such as trademarks,
domain names, corporate issues, etc. Each Legal Workshop is a
great occasion for me to polish my presentation skills in general,
and concentrate on the special concerns that arise when presenting
to non-native English speakers. The cross-cultural
exchanges I have experienced during these workshops are
enlightening and enjoyable.
Learning the ins-and-outs of French labor laws and the
social security system has been a bit less enjoyable. French
workers have employment contracts for either a set time period—contrat
durée déterminée, (CDD)—or, for an unspecified
period of time—contrat durée indéterminée (CDI). When I try
to explain the at-will arrangement that most U.S. workers
have, I usually elicit horrified looks of incredulity.
My contract is a CDI. An example of a provision that
might seem unusual to an American is the termination clause.
In order to lay me off, my employer would have to meet the
statutory criteria and provide me with three-month’s notice. I
can decide to terminate the relationship for any reason, but I
would be required to also give a three-month notice.
Whether covered by a CDI or CDD contract, enrollment
in the French national health care and pension systems is compulsory,
and both employee and employer must pay into these
plans. The total mandatory contributions that an employer
must make on behalf of an employee are equal to about 55
percent of the salary.
le revers de la médaille
French labor laws dictate the minimum amount of paid
vacation for all employees, which is currently 25 days per year.
With regard to paid sick time, there is no limit provided you
have a written excuse from a physician. You will receive your
full salary and you cannot be terminated (if covered by a CDI
contract) as long as you are absent pursuant to a doctor’s orders.
These generous benefits and safety net come with a price. The
fact that the costs (on top of the salary) associated with adding an
employee are high, and the difficulty involved in laying people off
in the event of an economic slowdown, hinder the creation of new
jobs and place a downward pressure on salary levels in general.
With regard to paralegals, I find that total compensation
(after adjusting for differences in time worked) is not competitive
with that in the United States because the profession is in its
infancy here. There are no salary surveys or governmental
resources to rely on when negotiating a starting salary or raise as in
the United States This is a disadvantage, but I try to look at it as a
challenge and an opportunity to increase awareness of the value
that paralegals can add and act as a sort of “ambassador” of the
profession. And, of course, this is Paris! Money isn’t everything.
jour de congé
Weekends and some of that generous vacation time are
spent exploring the city that I fell in love with on my very first
trip here many years ago. The language, a rich literary heritage,
culinary delights, and seemingly endless cultural offerings, are
just some of the reasons I find Paris wonderful. The cost of living
is high, but my New York friends tell me that housing in
Paris is a bargain compared to Manhattan.
An efficient subway and bus network does a good job (when
the transportation unions are not on strike) of getting Parisians and
continued on page 28
FACTS & FINDINGS / AUGUST 2003 27

An American Paralegal in Paris
continued from page 27
the flocks of tourists from one place to another. Shopping and
running errands are a little less convenient. Most shops and department
stores are open Monday–Saturday, and close at 7 p.m. Some
food shops are open Sunday mornings. Most everything else relating
to commerce is closed on Sundays, which gives this day a special
feeling that I really like, despite the inconvenience.
Grocery shopping at one of the many open-air markets is
one of my favorite pastimes. In each neighborhood, you can
still find “your” traditional butcher, baker, cheese shop, etc.
Great theater, opera, concerts, and exhibitions are abundant
and frequent. And the French are cinephiles. Although
fewer than when I was a student here, there are still many
small, independent movie theaters. The selection of films
showing from different countries and from different eras on
any given day is astounding. The French are not averse to subtitles,
so all non-French language films are shown in the original
language version. I was pleased when my French was finally
good enough to see an Italian movie with French subtitles.
pas à pas on va loin
Another advantage of being based in Paris is the ease with
which one can visit the rest of Europe. Rome is only an hourand-a-half
away by airplane. With the high-speed train via the
Chunnel, the journey to London is less than four hours. In
early May I spent a long weekend in Amsterdam, which was
about a four-hour car trip. Because the ambiance and cultures
are so different, I felt as if I had traveled much farther.
Being an American Paralegal in Paris can be somewhat lonely
in terms of professional camaraderie. I am always alert for the
possibility of meeting and networking with other legal assistants
on this side of the Atlantic. I recently tried to contact JoAnna
Riedy-Emery, the one NALA member we have in London who
was profiled in the March 2003 edition of the NALA Newsletter.
I plan to further research the existence or current state of
our profession in other European countries. To date I have
learned that in England, non-lawyers that are referred to as
“legal executives” seem to play an important role in delivering
certain legal services. The term “paralegal” is used in Scotland,
and the profession seems well established according to information
in the Web site of the Scottish Paralegal Association
(www.scottish-paralegal.org.uk).
A search on www.monster.co.uk for “paralegal” and “legal
assistant” within Europe provided many listings for positions
in the U.K. and a few in the Netherlands and Belgium. Many
international corporations are based in these latter two countries
because of the incentives offered by the governments to
encourage foreign investment.
As I gather more information, I would be happy to share it.
Perhaps some day we will be an International Association of Legal
Assistants—well, it could happen. May I submit an early suggestion
that Paris serve as the location of the first annual convention?
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FACTS & FINDINGS / AUGUST 2003

CONVENTIONSNAPSHOTS
Founder’s Award
The purpose of the NALA Founders’
Award is to recognize extraordinary or
outstanding contributions to the growth
and future of the legal assistant profession
which impacted or affected this profession
in a positive manner for a significant
period of time.
President’s Award
The NALA President’s Award recognizes
significant achievements by members who
have been leaders in the growth and
development of the paralegal profession.
Recipients are members of NALA for at
least five years and have a record of
establishing programs promoting high professional
standards among legal assistants.
Affiliated Associations
National
Achievement Award
This award recognizes an affiliated
association or an individual affiliate
member whose achievements and
contributions have had an enduring
national impact.
Connie Kretchmer is a regular faculty
member for the nationwide CLA Short
Course, and played a key part in development
of the CLA Study Guide. She has
been a vocal advocate of voluntary certification
and wrote on article on that topic
for Facts & Findings in 1991 that
remains the authoritative argument for
self-regulation.
NALA
Affiliated
Associations
Award
Winners
Vicki Voisin is a former NALA President
(1998–2000), remembered for her engaging
leadership style and energetic approach
to the business of the association and the
paralegal profession. She is noted for her
expertise in legal ethics and is founder and
president of Legal Staff Solutions, a firm
that educates law firm support staff on the
importance of ethics.
Pat Elliott is a past president of NALA
(2000–2003) who has been a major force
in advancing the paralegal profession in
Arizona and nationwide during her
25-year career. Her effectiveness is widely
recognized, and she has been honored
many times for her contributions to the
profession. She is also included among the
2003 Affiliates Award recipients.
From left: Margaret C. Costa, CLA, N.E.
Florida Paralegal Association; Vera Long,
CLAS, Paralegal Association of Florida;
Marcy L. Jankovich, Legal Assistants
Association of Michigan; Jean M. Cushman,
CLA/CAS, Paralegal Association of Santa Clara County, CA (Outstanding Contribution Award); Jeff Sparks, Orange County Paralegal Association, CA;
Rhonda Reid, Los Angeles Paralegal Association. CA; Theresa Irvin, CLA, North Carolina Paralegal Association; Jeanine Rodvold, CLA, Red River Valley
Paralegal Association, ND; Christine R. Shoopman, Montana Association of Legal Assistants; Pat Elliott, CLAS, Arizona Paralegal Association; Elizabeth
Nellis, Tulsa Association of Legal Assistants, OK.
FACTS & FINDINGS / AUGUST 2003 29

CONVENTIONSNAPSHOTS
July 9-12, 2003-San Antonio
Mariachis and Margaritas at the earlybird
reception.
Somebody misspelled Nalamo...
Board member Tita Brewster laughing it up
with members on the Riverwalk.
Kelly LaGrave presents a by-law ammendment at the Annual Meeting.
Active members register for the Annual Meeting.
Chuck wagon buffet at the Awards
Celebration.
The piñata finally took a fatal hit.
Region 4 ladies strut their stuff at the
Karaoke microphone.
30
FACTS & FINDINGS / AUGUST 2003

Remember the Nalamo!
Why walk when you can ride?
Exhibitors had their hands full with interested attendees.
Ginny Koerselman’s course on
Essential Skills is always popular.
What better place for a laptop than in the course
on Cybercrime?
Dialog bubbled freely at the
Affiliates’ exhibits.
Rapt attention was the order of the day in the educational
program courses.
Affiliated Association exhibits on Friday were a hit.
FACTS & FINDINGS / AUGUST 2003 31

CONVENTIONSNAPSHOTS
NALA Board and Regional Directors
Front row, from left:
Karen Greer McGee, CLAS,
Treasurer; Tita A. Brewster,
CLA, Second Vice President;
Vicki J. Kunz, CLAS,
President; Deb Monke, CLAS,
First Vice President; Linda J.
Wolf, CLAS, Secretary.
Back Row, from left: Sharon
G. Robertson, CLAS, Linville
Falls, NC, Region 2; Kathleen
Miller, CLA/CAS, Irvine, CA
Region 9; Christine Porter,
CLA, Portland, OR, Region 8;
Michelle D. Doyle, CLA,
Jackson, WY, Region 7; Ann L.
Atkinson, CLA, Omaha, NE,
Region 6; Kelly A. LaGrave, CLAS, Lansing, MI, Region 5; Cassandra Oliver, CLA, Tulsa, OK, Region 4; Olivia C. Roleson, CLAS,
Memphis, TN, Region 3; Kimberly Houser, CLA, Enola, PA, Region 1; Melissa A. Vander Weide, CLAS, Orlando, FL, Affiliated
Associations Director.
Exhibitors, We Thank You.
Exhibitors at the annual convention in San Antonio expressed great pleasure at the turnout and the interest shown by attendees.
We are always grateful for their support and wish to acknowledge them here.
Accurint, Boca Raton, FL
Alamo Area Professional Legal Assistants, San Antonio, TX
Altep, Inc., El Paso, TX
Canadian Process Serving, Inc., Hamilton, Ontario (sponsor)
Connective Tissue Case Evaluation Center, Fargo, ND
CUW LitSupport, Dallas, TX
Daryl Howard Studio, Austin, TX
Delmar Learning, Clifton Park, NY
DepoNet, Norcross, GA
Diligenz, Inc., Mukilteo, WA
Esquire Deposition Services, Florham Park, NJ
Institute for Paralegal Education, Altoona Wisconsin (sponsor)
Legal Assistants Division, State Bar of Texas, Manchaca, TX
Lex Solutio, Houston, TX
LexisNexis, New York, NY
Medical Research Consultants, Houston, TX
NationalDepo/Veritext, LLC, Florham Park, NJ
Ralph McElroy Translation Co., Austin, TX
Services Rendered, Inc., St. Louis, MO
State Service Corp., Ft. Lauderdale, FL
Syngence, LLC, Dallas, TX
The Affiliates, Menlo Park, CA
The Legal Translators, Watertown, MA
TransPerfect Translations, Houston, TX
CT Corporation, Houston, TX
32
FACTS & FINDINGS / AUGUST 2003

Experts
Internet
on the
by Carol Levit, JD, MLS, President, Internet For Lawyers and
Jim Robinson, Esq., President, JurisPro Expert Witness Directory
Find, and Find Out About—
At least once in their careers, most legal professionals will
need to locate an expert witness for trial or pretrial consultation.
Even if you find experts by personal referral, thus avoiding a
search from scratch, there is still the chore of conducting a duediligence
search to verify credentials and research their background.
Finding your own experts and checking their background,
however, is now less of a burden since the appearance of
many online expert witness databases—many of which are free.
The Internet, and especially the “Invisible Web,” can be
used to help you
1. Learn the subject matter well enough to make an
informed decision about the qualifications of a
potential expert
2. Find the names, background, and availability of the
potential experts
3. Decide if an expert will be a good witness should
the case go to deposition or trial.
While expert witness databases searchable by name, location,
and expertise, are a good place to start, there are additional
Internet resources. These include usenet posts, discussion groups,
jury verdicts, deposition transcripts, case law, trade or professional
association sites and directories, library catalogs, indices to articles,
university sites, and the individual expert’s own Web site.
How Will the Expert be Used?
It is important to be clear on the reason an expert is being
retained. Will this expert only consult on the matter, or will he
or she be asked to testify at a deposition or at trial? If this
expert will ultimately be called to state his or her opinion
before a decision maker, then the expert’s communication skills
should be considered. As articulated by Harry Beckwith in The
Invisible Touch: “Communication is not a skill, it is the skill.”
Jurors are rarely persuaded by credentials—most, in fact,
will say that the qualifications of opposing experts “cancel each
other out.” In his book, Beckwith cites a jury survey conducted
by DecisionQuest, a jury consulting service, which found that
jurors sided with one expert over another because one expert
more clearly communicated her expertise. The jurors’ attitude
seemed to be: “If you’re so smart, why can’t you speak clearly?”
Learn the Terrain
Before seeking an expert, you should familiarize yourself
with the area of specialty. Going to a library’s online catalog
and searching by subject can lead you to some of the literature
in that area of specialty. A comprehensive listing of public
library Web sites can be found at LibWeb (http://sunsite.berkeley.edu/Libweb).
Many library Web sites allow you to search directly for
your topic. As you browse the book titles, you may spot certain
authors who have written several books on that specialty. This
may assist in determining some of the top experts in the field.
Don’t dismiss Amazon.com or Barnes & Noble online
(http://www.barnesandnoble.com) for books. Results at those
retail sites can include a synopsis, the author’s name, table of
contents, a note from the publisher about the work, and, in
many cases, reviews of the book. Of course, one should not
overlook the mother of all libraries—the Library of Congress
(http://catalog.loc.gov/).
In addition to sifting through online card catalogs for
books, you should also conduct an online search for articles by
subject, or by a known expert’s name. For example, if you have
a case dealing with toxic mold and stachybotrys, a search
through medical literature at the government’s National
Library of Medicine (NLM) site is in order. By using the NLM
gateway (http://gateway.nlm.nih.gov/gw/Cmd), it is possible
to conduct a simultaneous search through numerous NLM
publications. A results list for a sample search for toxic mold
and stachybotrys showed 17 abstracts in PubMed.
If the articles are available free, PubMed will include the
link to them, otherwise you may order the article for a fee. To
successfully search by a recommended medical expert’s name,
continued on page 34
FACTS & FINDINGS / AUGUST 2003 33

Experts on the Internet
continued from page 33
search only by last name or by last name and first initial (in
medical citation, the author’s first name is not used).
Sometimes you just need a brief introduction to a subject
area and an encyclopedia or dictionary will serve nicely. Check
out Refdesk.com for links to medical and drug dictionaries,
technology encyclopedias, the American Heritage Encyclopedia
and more (http://www.refdesk.com). There is even an “Ask an
Expert” section.
Association Sites & Directories
When an expert in an uncommon field is needed, or a
starting place for the search is elusive, consulting a database of
associations may be helpful. Some public libraries provide
remote access to one of the largest of these association directories,
The Encyclopedia of Associations. The Los Angeles Public
Library, for example, makes this directory accessible to anyone
with a LAPL card (www.lapl.org) and an Internet connection.
Using this encyclopedia can lead to associations that specialize
in almost every field. There are associations for professions
and interest groups ranging from “chewing gum” to
“bananas.” If the association has a URL listed, scour the site
for a list of research links to learn more about the topic.
Also make note of the association’s executive director’s
name or any officers’ names. Typically, e-mail addresses or links
to them will be included. Then contact the director or one of
the officers for a referral to an expert. Or, simply use the contact
information in the The Encyclopedia of Associations listing
to call the association directly and ask for a referral.
Bar Association Databases
To find experts, consider turning to the local bar
association’s Web site to see if they have created an expert
witness directory. In Los Angeles, for instance, there is the
Los Angeles County Bar Association’s online expert database,
Expert4law (www.expert4law.org). Experts register themselves
on this site for $300.
This site also has an excellent overview on the effective use
of an expert. The site includes six separate databases to assist in
locating 1) experts and consultants, 2) a lawyer-to-lawyer consultants
network, 3) legal support services, 4) alternative dispute
resolution experts, 5) research and publishing experts,
and, 6) law office technology experts.
Expert4law offers focused searches, including key-word, location,
and a combination of the two. It also supports Boolean operators
(“and,” “or,” “not”) to make the search more precise. The
results offer full contact information, with a link to the expert’s
Web site and a list of the expert’s specialties, degrees, and licenses.
The San Francisco Bar Association (http://www.sfbar.org/-
cgi/experts/exp.cgi) also has an online directory of expert witnesses.
There are also commercial expert witness directories.
Commercial Databases
Law.com (http://experts.law.com/) has a free expert database,
but experts who wish to list themselves pay $495 per year for
a national listing and $295 per year for a single state listing.
Searching by an area of expertise leads to a list of national experts
along with a menu that allows searching by specific states.
Experts.com allows browsing by topic or doing a database
search using one or a combination of criteria such as key
words, category, name, company, and address. You can limit
each of the criteria to “all words” or “contains” or “is exactly”
or “sounds like.” The experts’ listing offers brief biographies
and links to their Web sites and e-mail.
Many of the large legal portals such as Findlaw
(www.Findlaw.com) and Hieros Gamos (www.hg.org) also have
online directories with short biographies and links to the
experts’ Web sites.
Sites with Audio & Video
As Beckwith noted in his book, people (especially jurors)
often judge others by their demeanor, their body language,
their voice, and their physical attributes. On the JurisPro Web
site (www.JurisPro.com), visitors can see a photo of the expert,
and hear the expert speak through streaming audio. This allows
some insight into how that expert presents himself or herself.
Some experts have even included streaming video of themselves
on their Web sites to enable attorneys to see them in action.
This is extremely valuable in evaluating their abilities to speak
on their area of expertise.
Referral Sites
Expert witness referral companies are similar to the expert witness
directories in that they maintain a database of professionals who
are available for expert witness assignments. The difference is that an
additional fee must be paid to the referral company to retain that
expert. The benefit of these services is the large size of their database
and the time saved looking for experts who do consult and testify.
The downside is that the user has to contact the referral company to
get the expert’s name—and pay the added fee.
One of the best known of expert witness referral companies
is TASA (http://www.tasanet.com), a site with 8,000 areas
of expertise represented. Only the number of experts in the
selected field and their geographic locations are listed. Users
then must call or e-mail TASA for the experts’ names and contact
information. This is how TASA monitors usage in order to
add its flat fee to an expert’s hourly rate.
For referrals to medical experts, go to MedQuest
(www.medquestltd.com). This site provides referrals to testifying
medical experts (MD, DDS, DMD, DC, DO, DPM, OD,
OTR, PharmD, PhD, RN and RPT) in every region of the
country. These experts provide evaluations for plaintiff or
defense counsel in all types of healthcare related malpractice,
34
FACTS & FINDINGS / AUGUST 2003

personal injury, and other tort litigation, as well as criminal law.
The California-based ForensisGroup
(www.forensisgroup.com) provides technical, engineering, medical,
scientific, and environmental experts. This company provides
excellent customer service, and specializes in construction
experts. A “blurb” about an expert can be reviewed on this site
before contacting the referral company to retain that expert.
Academic & Institutional Sources
Experts, of course, abound in academia. To find any university’s
URL, see Trackem (http://johnsonxdesign.tripod.com/-
trackem.html) and scroll down to “College E-Mail Search
Form” (the term “e-mail” is misleading; the form responds
with URLs). A list of colleges and universities with links to
their home pages can also be found at American Universities
(www.clas.ufl.edu/CLAS/american-universities.html).
At Purdue University’s Web site (https://ssl.adpc.purdue.edu/-
ci/plsql/ci_anonymous.search_ci), a searchable database of
professors with various areas of expertise is available to search
either by expertise or the expert’s name.
If you have the name of an expert who is a professor, check
his or her academic background with a search at the institution’s
site. Here you may find their resumé, a list of classes they teach,
and links to articles they have written. This helps in eliminating
candidates whose credentials are not up to snuff.
Many healthcare facilities and organizations have excellent
directories for their doctors. A directory of nearly 18,000
healthcare organizations can be found on the Joint
Commission on Accreditation of Healthcare Organizations’
Web site (www.jcaho.org/qualitycheck/directry/directry.asp).
The directory includes ambulatory care facilities, assisted living
facilities, behavioral health care facilities (such as chemical
dependency centers and development disabilities organizations),
HMOs, home care organizations, hospitals, laboratories,
long term care facilities, and office-based surgeons.
Jury Verdict Reporter Databases
Jury verdict reporter databases, although selective since they
contain only those verdicts which an attorney reports to the database
publisher, can be useful for finding experts. By searching for
an expert’s name, one may discover whether the expert has given
opposing opinions in similar cases, appears more often as a defense
witness, or has usually testified for the winning side. Attorneys
involved in the cases are also listed in the jury verdict database and
may provide information about their experience with the expert.
Free online jury verdicts can be found at Morelaw.com. Paid
jury verdict reporters can be found at the Daily Journal’s site
(http://www.dailyjournal.com) and the National Association of
State Jury Verdict Publishers’ site (www.juryverdicts.com/).
Access to the Daily Journal site is limited to print subscribers
only, while the NASJVP site is available to everyone. Searching is
by an alphabetical listing of experts, then referral to the NASJVP
member who has detailed information about the verdict.
Case Law Sources
An expert’s name may also appear in a reported opinion,
many of which can be searched without cost. To find cases
using an expert’s name, type in the name alone or add relevant
key words if their name is common. If searching for an expert
in a specific area of expertise, type the word “expert” along
with the expertise sought using relevant key words.
For free case law searching, try LexisOne
(www.lexisone.com) or Findlaw (www.findlaw.com). To conduct
retrospective or nationwide searches, a pay database will
likely be needed. These include such major players, as Lexis or
Westlaw, and some of the newer case law sites such as LoisLaw
or VersusLaw. Lexis and Westlaw also have a variety of other
tools for finding experts, including expert witness directories.
Prior Deposition Testimony
Reading an expert’s deposition testimony can provide an
abundance of information about how the expert may perform.
However, there currently is no free centralized database for
expert witness transcripts.
At TrialSmith (www.trialsmith.com) formerly known as
DepoConnect, plaintiffs’ legal teams can access more than 73,000
online documents that include depositions as well as briefs,
pleadings, seminar papers, verdicts, and settlements. An annual
subscription is $195 a year and there is a $30/document fee.
TrialSmith also has a private discussion group to share information.
Experts may also be referred to in briefs, which can be
found at Brief Reporter (www.briefreporter.com). Searching is
free, with fees of $10/document and a $35/month access fee.
Defense teams may get full-text copies of an expert’s testimony,
for a fee, from Idex (www.Idex.com). Idex has built its
database of deposition transcripts by submissions from its own
members. According to their Web site, 6,000 records are added
each month to Idex’s database of more than 800,000 records of
expert involvement. Electronic versions of some documents
can be viewed and downloaded directly from this site at a
reduced price. Idex also has information on previous cases in
which the expert has given trial or deposition testimony.
On the plaintiff’s side, the ATLA Exchange (www.atla.org)
makes available to its members a database of more than 10,000
expert witnesses, and in excess of 15,000 transcripts. This database
is developed by submission from its members.
As an alternative, directly requesting a copy of the deposition
transcript from lawyers who have worked with (or against)
a particular expert may be effective. Most attorneys keep their
own expert witness transcripts, and would be willing to share
(provided, of course, the favor is returned some day). For
example, ATLA posts contact information for the member who
continued on page 36
FACTS & FINDINGS / AUGUST 2003 35

Experts on the Internet
continued from page 35
provided information about that expert. The experts themselves
often list the names of the attorneys with whom they
have worked in the past on their Web sites—or you can simply
ask the expert for a list of references.
Don’t Get Bitten
An expert is retained based largely on an educated guess.
You cannot predict with any certainty whether the expert will
be effective at trial, or how the expert will analyze the intricacies
of the case. Once a potential expert witness has been located,
however, you can research that expert’s past to see if there
are any skeletons in their closet.
• Has the Expert’s Opinion Been Consistent
in Public Forums?
It is important to learn if an expert’s opinion has been consistent
in public forums, such as at conferences where they
spoke, in online discussion groups (both the expert’s messages
to the group and any references to the expert in a discussion
group), the expert’s personal Web site, or even a Web site other
than his or her own. Searching for an expert using a search
engine may capture these extra nuggets of “public” information.
• What does the Expert Say at Conferences?
By typing the expert’s name into a general-purpose search
engine on the Internet (e.g., Google), conference papers and
even their PowerPoint presentations used at conferences can
sometimes be found. To limit your search to PowerPoint presentations
only, go to www.google.com and click on the
“Advanced Search page.” Enter your search (e.g., the expert’s
name) and then select the File Format “Microsoft PowerPoint.”
• Has the Expert Been Active in
Usenet Discussion Groups?
Besides using a search engine to learn an expert’s opinion on
a particular topic, you can also search postings made by the expert
if he or she participated in a usenet discussion group. These postings
are searchable in Google Groups (http://groups.google.com),
a feature that is separate from Google’s general-purpose search
engine. It contains over 750 million posts dating back to 1985.
To find the expert’s postings, users should conduct two
different types of searches on Google Group’s Advanced Search
page (http://groups.google.com/advanced_group_search). First,
search the expert’s name in the “author” field and second,
search by the expert’s e-mail address in the “author” field. You
might also learn what opinions others have about the expert by
searching the expert’s name in the “key word field” (either in
the “with all the words” box or the “exact phrase” box).
Keep in mind that many people have more than one e-mail
address, so try to discover all of them to conduct a complete
search. Also keep in mind that some people surf anonymously
or with pseudonyms, so you may find nothing. Finally, remember
that many people share even the most unusual of names.
Google Groups may also be used to search by topic to find
experts or lay-people who have encountered the same situation
as your client (e.g., “Firestone tires” may be entered as a search
term into Google Groups to find others who have encountered
serious problems with treads that have separated or to find
experts who have been involved in tread separation lawsuits).
• The Expert’s Web Site – Goldmine or Landmine?
An expert’s own Web site should be carefully reviewed prior to
retaining the expert. If a search engine did not locate the expert’s
Web site, try simply entering the expert’s name or company name
as a dot.com (e.g., expertname.com). Many experts post their full
curriculum vitae, litigation experience, speaking engagements, references,
memberships and professional organization affiliations, articles
and/or newsletters on their sites.
When reviewing an expert’s Web site, keep in mind that
opposing counsel can do so as well. Be aware that experts’ Web
sites are sometimes little more than self-promotion, so tread
carefully. Is there anything embarrassing or contradictory on
the site? Does the expert pronounce that he or she “is the
leader in the industry” or put forth similar bravado that could
affect how the jury perceives the expert? Imagine how the jury
would react if the pages of the expert’s Web site were displayed
as exhibits at trial—they very well could be.
• Ever been in trouble?
It is also important to determine if an expert has been
reviewed or disciplined by their jurisdictional licensing boards.
Although not a free search, Idex (www.Idex.com) has created a
searchable database for this purpose. To access this database, one
must be an Idex member and a defense attorney (or work on
behalf of a defense attorney). Also, check the licensing agencies in
the state where the expert is licensed and search their professional
association’s Web site for any discipline or malpractice information.
• You wrote that?
You cannot depend on the expert to have posted all of his
or her published works on their Web site; you must search on
your own. For a nationwide search of newspaper or magazine
articles written by (or about) your expert, you’ll need to use a
pay database such as Lexis or Westlaw. The Internet is a perfect
resource, however, to access an individual newspaper or magazine
(or a local newspaper or magazine that may be too small
to be included in Lexis or Westlaw).
A list of newspaper URLs can be found at www.ceoexpress.com.
A free search engine for finding and obtaining the full-text of articles
is FindArticles.com, which contains articles from more than 300 mag-
36
FACTS & FINDINGS / AUGUST 2003

azines and journals dating back to 1998.
Some legal portals, such as Hieros Gamos (www.hg.org), post
articles written by experts. Many trade associations publish online
newsletters, and some provide either full text or extracts from articles.
The Accident Reconstruction Communications Network, for example,
(www.accidentreconstruction.com), a professional organization for
those in the accident reconstruction industry, has a monthly newsletter
with expert articles. This site also has an active discussion forum
that includes opinions posted by various accident reconstructionists.
What Else?
Former government employees may make good experts, and
so may non-government experts who have testified before a Senate
or House Committee hearing, for example. Search Firstgov.gov
(http://www.firstgov.gov) by topic to locate a government document
that discusses your matter at hand and makes references to
experts. It indexes 51 million Web pages from federal and state
governments, the District of Columbia, and U.S. territories. Most
of these pages are not available on commercial Web sites.
You may also locate experts in the legislative history of a
bill. At the federal level, search full text at Thomas for House
and Senate Committee reports (http://thomas.loc.gov/home/-
thomas.html) and at the state level, search legislative history
(referred to as “Analysis” in California) at http://www.leginfo.-
ca.gov/bilinfo.html. You may pick up the name of an expert or
find a reference to a study that you could then track down in
order to find the expert who prepared the study.
You might also try to contact the staff person who prepared
the analysis (their name and phone number usually
appear at the end). They may be able to provide you with the
study or other useful information.
The Internet is a content-rich frontier. Deep, well-lined
pockets of information abound in corners of the web that are
usually overlooked by the casual researcher. Patience, persistence,
and a sound understanding of what you are looking for
can yield tremendous results from the “Invisible Web.”
Carole Levitt is Vice-Chair of the Law Practice Management &
Technology Section of the California State Bar, as well as President
of Internet for Lawyers.
clevitt@netforlawyers.com
Jim Robinson is an Executive Committee member of the Law
Practice Management & Techology Section of the California State
Bar, as well as President of the JurisPro Expert Witness Directory.
JRobinson@JurisPro.com

EDUCATION
A Road Worth Traveling
The ABA School Approval Process
by Pamela J. Bailey, CLAS
As practicing paralegals, we sometimes become so caught
up in our everyday work that we fail to entertain career possibilities
and enhancements that could add greatly to the paralegal
experience. Becoming involved in paralegal education is
such an enhancement.
Many of us have been asked over the years to be guest
speakers to paralegal classes. Some have served on paralegal
program advisory boards and served as mentors for paralegal
students, and others have team taught paralegal classes or
been primary instructors. Some of us direct paralegal programs.
All of these activities serve as a means of expanding
our involvement in our profession.
The American Bar Association Standing Committee on
Legal Assistants School Approval Commission (ABA
Commission) has long recognized the contribution of legal
assistants to its approval process and has encouraged participation
in the procedures. Of the 13 voting members of the
Commission, four are either practicing paralegals or have
been practicing paralegals during their careers. NALA provides
one of these positions to the ABA Commission.
Since 1974, the ABA has had guidelines that educational
programs for the training of paralegals must meet to gain
ABA approval. The guidelines have changed as the profession
has changed and the requirements of the legal market have
become more demanding. The latest changes will take effect
in fall 2003. In 1975 eight paralegal programs were approved
by the ABA. Today, there are approximately 250 programs
that have obtained ABA approval.
Once a paralegal program decides to seek ABA approval
and submits a comprehensive self-evaluation for consideration,
the ABA arranges for the program to undergo a two-day site
visit by a team put together by the ABA. For initial approval,
the site team is made up of an ABA Commission member, a
paralegal educator, and a legal assistant from the local legal
community who has no connection to the program.
The site team is extremely important to the process
because it is charged with objectively delving into all aspects
of the program and segments of the educational institution
that influence or work with the paralegal program and students.
To fairly assess the program and how it is meeting market
needs, the site team must also learn what the demands of
the local paralegal market are for entry-level paralegals.
As a practicing paralegal, when you accept a position on
the visiting team, you will be asked to review The ABA
Guidelines For The Approval of Legal Assistant Education
Programs and the self-evaluation materials submitted by the
program being reviewed. These materials provide the foundation
for the site visit. The team chair will work with the program
director to establish the agenda for the site visit. You
could be asked to take responsibility for closely reviewing one
or two sections of the self-evaluation and relevant exhibits and
for drafting a section of the site team report.
If you have been involved in ABA site visits in the past and
are comfortable with the assignment, you may be encouraged to
actively participate in the site visit by asking questions of the program
director, school administration, program graduates, current
students, faculty, and members of the advisory board about the
program to clarify information from the self-evaluation.
Why Your Role is Important
First, because you are from the local legal community,
you are in the best position to know the demands of the local
market and what employers are requiring of entry-level legal
assistants. You are able to assess if the program is providing
the necessary educational foundation for graduates to become
employed in entry-level positions.
You generally know what employers are seeking in terms
of paralegal skills, such as technology, communication and
organization skills, and which practice areas are in the greatest
demand. You are also likely to have a sense of trends in the
market, how legal assistants are being used in non-traditional
settings, and the current demand for entry-level paralegals.
Second, some paralegal programs offer continuing legal
education to the practicing paralegal community. Coupled
with your knowledge of market trends, you can offer suggestions
to the program that will help ensure that CLE offerings
are timely and necessary to enhance the positions of legal
assistants in that particular legal community.
Third, you will also be aware of the reputation of the
program being assessed and any competitor program(s). This
knowledge can greatly assist the site-team chair and paralegal
educator team member in the on-site review of the program
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FACTS & FINDINGS / AUGUST 2003

and help the team formulate recommendations for changes to
the program that will enhance and strengthen the program in
the local legal community.
Fourth, if you are actively involved in a local paralegal
association, you are a source of information on how the program
and the local association interact and how they can
improve working relationships. Sometimes local associations
provide speakers to paralegal classes and provide members
who serve on program advisory boards. They also provide
mentoring programs and awareness of internship and networking
opportunities for paralegal students. In turn, programs
encourage students to become members of the association,
which provides the next generation of voting members
and leadership to the local association.
What’s in it for You?
First, aside from having an opportunity to contribute
your expertise to the ABA approval process, you learn what is
involved in the fundamentals of sound paralegal education.
The approval process is multifaceted and can be complex.
Some programs use innovative instructional techniques and
assessments and may satisfy the guidelines in ways that are
not used in more traditional legal markets. Being on the site
team for any program can provide you with a broader and indepth
view of the entire educational process.
Second, you may develop an interest in returning to the
classroom as a student to change the direction of your paralegal
career once you review the curriculum offered by the program.
You may develop a rapport with and meet interesting
people on the site team and/or at the program itself that will
increase your own opportunities for professional development
and networking.
Third, as a team member, you are able to provide firsthand
knowledge to paralegal employers about the sound education
provided to legal assistants by an ABA-approved program.
This information can take the guesswork out of the
education factor in employers’ hiring criteria and greatly assist
employers in future hiring.
Fourth, being part of a site team could help you decide
to make a contribution to an advisory board. You might have
a future as an adjunct or team instructor or as a program
director of a paralegal program.
The ABA School Approval Commission provides several
avenues for obtaining basic training to be on a site team. At
past NALA annual conventions, the ABA has provided a representative
and a means to express an interest in being asked
to assist with site visits. The ABA provides a training video to
those who are asked to be on a site team. In the past, it also
has conducted site team training sessions at national paralegal
meetings and at meetings of paralegal educators. You can also
e-mail the ABA with your interest in becoming a paralegal
site team member at www.abalegalassistants.org.
The goal of the ABA school approval process is to ensure
that paralegal training programs are delivering high-quality
education to the legal community. My experience over the
past six years has been that the ABA approval process focuses
on assisting programs in reaching this goal. The process does
become one of consultation to assist programs in meeting the
ABA guidelines in ways that allow programs and schools to
continue to meet their own goals.
Finally, if you want to broaden your horizons within
your own profession, become more involved in paralegal education.
Take another look at Kathryn Myers’ article in the
February 2003 edition of Facts & Findings, “How Do You
Get There? Paralegal Program Director.”
Set some new goals and stretch yourself. That’s what
being involved in a profession is all about.
Pam Bailey has been a legal assistant for more than 19 years,
and is a past president of NALA (1994-1996). She is the program
coordinator (2000-present) of the Duquesne University Paralegal
Institute in Pittsburgh, PA. She is a graduate of the University of
South Carolina, has a paralegal certificate, and earned her MA from
St. Francis Graduate School of Industrial Relations in 1993.
She has been NALA’s representative on the ABA School
Approval Commission since 1997, and represented NALA on the
ABA Consortium on Legal
Services to the Public. She has
worked extensively in the areas of
business litigation, labor and
employment law, and immigration
law. She was a senior legal assistant
and practice group paralegal
manager with the law firms of
The Stolar Partnership, St. Louis,
MO, and Reed Smith LLP in
Pittsburgh, PA. She currently volunteers
as a paralegal with
Pittsburgh’s Neighborhood Legal
Services in its unemployment
compensation appeals area.
She has written numerous
articles for legal assistant publications concerning paralegal practice
and utilization, has spoken to paralegal educator, bar and paralegal
associations, and was primary author of the chapter on Labor
& Employment Law published in the ABA’s Leveraging With Legal
Assistants (1992).
F F &
FACTS & FINDINGS / AUGUST 2003 39

TECHNOBITS
Use the Technology
Electronic Discovery
by Alan Kays, Uniscribe
The following article was first published in the Spring
2003 issue of Discovery Edge, a publication of Uniscribe
Professional Services, Inc., 200 Connecticut Ave., Norwalk, CT
06854. It is transcribed and reprinted here with permission of
Uniscribe and Alan Kays.
Over the past 20 years, individual employees of corporations
have unwittingly gained more power to influence litigation.
They are creating more electronic documents, which
tell more of the story than the individuals may have ever
intended. Yet this story can only be heard by attorneys willing
to meet changes in business practice with changes in
their discovery habits.
Individuals have always written letters, memoranda,
reports, and telephone messages upon which evidentiary
support is built, whether to support the claims in a litigation
or to refute them. Traditionally, however, these documents
have existed in paper form, where the reader had no access
to any collateral information about the document’s creator—
or about the creator’s thought process. Now that individuals
are creating those documents in electronic form and sharing
them via e-mail, they are generating a higher volume of documents
and communication. And they are leaving fascinating
clues for attorneys to discover—if attorneys are willing to
look beyond the paper.
Developments like the desktop revolution of the mid-
1980s have allowed individuals in an organization to generate
an unprecedented number of electronic documents. Simultaneously,
however, the technology has been creating and storing
an unprecedented amount of information about its users.
Nowhere to Hide
Word processing documents can tell who may have created
the file, as well as when, and how many times they were edited.
These documents can also contain actual edited information
that does not appear in the final paper form. Spreadsheets contain
hidden columns and rows that may not be visible when
printed on paper. Even the computer’s operating system holds
massive amounts of information as to the user’s computer habits
by saving temporary versions of created and received files, and
logging the Web sites the user has visited.
This information is most often only accessible to attorneys
who seek out electronic files in their native format.
Hard drive discovery forensics has been a highly useful tool
in the investigation of terrorists and in efforts to control
child pornography rings. But what is the value of electronic
information for an “average” civil litigation?
The truth is that electronic files and their metadata
(the underlying data of a file, the properties of that file, and
the data the software uses to manage the file) give attorneys
rich insight into the thought processes and breadth of concurrent
knowledge of a company’s operations and strategies.
Common metadata includes file type, file size, date created,
date last modified, created by, and title.
E-mail is a particularly rich source of information,
allowing attorneys to “eavesdrop” on an almost uninterrupted,
stream-of-consciousness “conversation” between participants.
Messages tend to be candid and casual, with participants
acting and reacting on the emotional spur of the
moment. Files frequently accompany strands of the electronic
conversation, establishing true linkage as to “who knew
what and when did they know it?” Like other electronic
documents, e-mails also carry metadata that may be invisible
when the files are printed, including blind carbon copies
(BCC), date and time sent, and the date and time received.
Most attorneys do not access electronic documents and
metadata voluntarily, but in response to a discovery request,
or a regulatory request specifically aimed at data. The resulting
process of electronic discovery which involves collection,
analysis, review, conversion, and production of electronic
data, often becomes the world’s most complicated way to
generate paper.
By understanding how electronic discovery works, attorneys
and their legal teams may be able to see that valuable
data is within easy reach of their current approach, adding
value to their case that more than justifies any additional cost.
The Process
There are five phases to effective electronic data processing,
only a few of which are negotiable
1. Harvesting—the collection of possible responsive
data from their original locations. This step is required for
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FACTS & FINDINGS / AUGUST 2003

any electronic discovery project and may represent a sizable
portion of the cost, depending upon what is requested, and
to what extent the services of a computer forensics expert
may be required.
Responsibility for this process must be tightly controlled
to ensure complete compliance with the request, as well as
the integrity of the data. Harvesting should not be undertaken
without a thorough understanding of the company’s IT
and data storage processes.
2. Analysis/Culling—once all the possibly responsive
data has been collected, a central repository of data needs to
be built. This is called “staging,” and like harvesting, staging
is required. Staging may also represent a large portion of the
overall cost, particularly when large numbers of back-up
tapes must be restored.
As the repository is built, backups are restored in an
effort to arrive at a unique set of data. Once built, decisions,
can be made as to relevancy, time frame, etc. based upon
dates and source information.
3. Conversion—The conversion process focuses on the
processing of each file. This step is negotiable and customizable,
depending upon your needs.
• Conversion can involve converting native files to TIFF
or PDF while extracting metadata and text into a searchable
and usable database application such as Summation,
Concordance, or Introspect. The TIFFs or PDFs, in turn,
can be printed very quickly to create a paper set.
• Conversion may also involve converting files to TIFF or
PDF without extracting metadata.
• Attorneys can opt for no file conversion at all, but
attempt to print straight from native format to paper.
Called “source file printing,” this process can be tedious
and slow, even when conducted by a third-party vendor.
Some electronic files (e.g., e-mail) can be loaded directly
into a database, making conversion of those unnecessary.
4. Review—Review of electronic documents is just
like review of paper documents, and should not be skipped.
Each document that has the possibility of being produced to
an interested party should be reviewed for relevancy and privilege.
The review stage also helps to build collateral case information
such as timelines. It may be possible to conduct this
review electronically, on the firm’s network, or even online.
5. Production—The final form of the document to be
produced depends upon the agreement of the parties or the
order of the court. Productions are made as 1) paper, 2)
TIFF images delivered on CD (or other media), or 3) copies
of the original electronic files.
There are advantages to each, depending upon the
overriding case strategy. However, providing the files in original
format rather than as images or paper creates an additional
burden on the producing party. The party must completely
review all aspects of the document, including metadata,
and take precautions against producing data that may be
privileged or confidential.
Rewards & Responsibilities
As we have seen over the past decade, technology has
opened the door to increased communication and exchange
of information. With this increase in activity comes exponentially
increased likelihood of incriminating or corroborating
information that is of paramount importance in litigating
matters before the courts, and for adequately responding
to government inquiries.
Attorneys forced to engage in electronic discovery often
tend toward the road more traveled and seek to produce
paper, sometimes out of concern for cost, and sometimes out
of concern for time. Yet much of the cost of electronic discovery
comes in the harvesting and staging phases of the
process, while smaller costs in conversion can yield rich
rewards in the form of metadata and searchable text.
Each case must have its own electronic discovery strategy
based on the volume of the data, the usability and value
of metadata, cost sharing and cost allocation decisions (or
rulings), and the discovery schedule.
Alan Kays owned a litigation support business in New York
for many years before
joining Uniscribe’s Digital
Document Solutions Division.
He is a frequent speaker to
groups and clients around
the country on the subject
of electronic discovery.
AKays@Uniscribe.com
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FACTS & FINDINGS / AUGUST 2003 41

PRACTICETIPS
Knowledge Really IS Power
Behold the Power of the Internet
by Patricia J. Gustin, CLA, CFEI
Test Your Internet Knowledge
1. What was the original name of the Internet?
2. What entity created the Internet?
3. When was the Internet first implemented?
4. Which entity(ies) were the initial, primary users?
5. How far-reaching was the Internet in its initial phases?
(Answers are at the end of this article.)
Oh, the power of the Internet!
It’s efficient, practical, all-encompassing, infinite in
wisdom, and so easily accessible. What a wonderful tool to
have at our fingertips. Too bad we didn’t have it until only a
dozen years ago. Look at all the time we could have saved
had we known about it sooner. Well, it’s here today, so let’s
take advantage of it.
Most, if not all, legal assistants use the Internet as a primary
means of finding information and conducting legal
research. It is awesome what you can find with a few key
words, a Web site URL, or the click of a mouse. If it exists, it
likely can be found on the Internet.
Accessing the Internet is easy, but what you need quickly
and on target with your research can be tricky. A major obstacle
to using the Internet as a legal research tool is finding the
information of interest.
Strategies you may find useful include the following:
1. Narrow the search. Have a good idea of the topic, subject,
or issue you are going to search. You can start by
using the Internet Service Provider’s search directory to
find links to Web sites that may be useful. Learn to use
“advanced” as well as “simple” search options.
2. Use search engines and general Web sites to begin your
search. Plug in the key word(s) or phrase(s). The search
engine will search an array of databases and then return
the results to you. Note that no single search engine is
capable of searching the entire Internet.
3. Bookmark (aka:“ Favorites”) the Web sites you like.
Bookmarking will create shortcuts for future searches.
Create folders to better organize your bookmarks, including
search engines. For Internet Explorer, click on
Favorites, then click on “Organize Favorites” from the
menu bar. Click the “Move” button, then click the folder
you wish to store, then click “OK.” For Navigator, click
on the selected folder and hold the mouse button down,
drag the bookmark to the folder, and release.
4. Delete unwanted bookmarks or favorites. Periodically
clean out unwanted or no longer useful Web sites to avoid
confusion and information overload. For Internet Explorer,
choose “Favorites,” then choose “Organize Favorites.”
Click on the folder you want to delete, and then click
“Delete.” For Navigator, click on “Bookmarks,” then click
on “Edit Bookmark.” Select the file you want to delete,
then press “Delete.”
More Tips
1. When downloading, check the Web site for what download
software is used. Many Web sites use Acrobat PDF
format, but there could be exceptions where other types of
software are used. Web sites often direct you to links
where you can download software. Be sure to check if this
download is free or is offered at a price.
2. Check the Web site for terms and conditions of use
before downloading. Many, but not all, Web sites that can
be accessed on the Internet for legal research are free of
charge, but be sure to read the fine print.
3. Use file compression software to compact files for
uploading, downloading and transferring files or folders to
disk. WinZIP is the most widely used file compression
software, and you can access an evaluation download version
at http://www.winzip.com.
4. Verify your research. Check for the date in which the particular
Web site was updated. If you find that it has not been
recently updated, verify your findings through other methods.
Here is a sampling to get you on your way to conducting
the next legal research project.
Search Engines and Web Directories
Starting points for search engines and web directories
include
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FACTS & FINDINGS / AUGUST 2003

www.thefrontpage.com/search/welcome.html.
www.searchengineguide.com
www.searchenginewatch.com.
http://dpxml.webcrawler.com.
Specific Search Engines
www.AltaVista.com
www.Excite.com
www.Infoseek.com
www.Yahoo.com
www.AskJeeves.com
www.HotBot.com
www.Google.com
www.Lycos.com
www.GoTo.com
Legal Subject/Research Sites
Starting point: alllaw.com, or www.findlaw.com, or
www.law.cornell.edu.
All of these sites provide extensive information on federal
and state laws and regulations, along with the courts’ “law
about” links, and other valuable links. Not all legal opinions
or court decisions are available.
Also try these Web sites that offer a wealth of information
and links: www.lib.uchicago.edu/~llou/lawlists/info.html (This
is Law List, the most comprehensive of legal list servers.)
www.lawguru.com
Catalaw.com
hg.org (HierosGamos)
www.lawsource.com
fastcase.com
www.laws.com
Federal Statutes
www.uscode.house.gov (U.S. Code)
www.house.gov (U.S. House of Representatives)
www.Senate.gov (U.S. Senate)
www.Thomas.loc.gov.
(Comprehensive legislative information)
Federal Courts
Starting Point:
www.uscourts.gov
www.law.emory.edu/FEDCTS/
(Federal courts finder, including the
U.S. Supreme Court)
To find a particular U.S. District Court, try:
www.(applicable district).uscourts.gov
To find a particular U.S. Bankruptcy Court, try:
www.(applicable district).uscourts.gov
www.uscourts.gov/courts of appeal.html
(for the 12 regional Circuit Courts of Appeal)
www.ustaxcourt.gov (U.S. Tax Court)
Federal Agencies
Starting Point: http:www/governmentguide.com
(easy access in finding government agencies, services,
programs and other government related information
and developments)
www.usdoj.gov (U.S. Department of Justice)
www.nlrb.gov (U.S. National Labor Relations Board)
www.irs.gov (U.S. Internal Revenue Service)
www.cpsc.gov (U.S. Consumer Products Safety
Commission)
www.ssa.gov (U.S. Social Security Administration)
www.hhs.gov (U.S. Department of Health and
Human Services)
www.doc.gov (U.S. Department of Commerce)
www.uspto.gov (U.S. Patent and Trademark Office)
www.copyright.gov (U.S. Copyright Office)
www.sba.gov (U.S. Small Business Administration)
www.cdc.gov (U.S. Centers for Disease Control)
www.noish.gov (National Organization of Industrial
Safety and Health)
www.fda.gov (U.S. Food and Drug Administration)
State Agencies
Particular state agency home pages can usually be accessed
at www.state.(two-letter abbreviation).us. If you aren’t sure
where to start, begin at the state home page and link on to the
list of departments, agencies and commissions.
Finding Verdicts
www.KnowX.com
Legal Dictionaries/Library Catalogs
Starting Point: law.house.gov/114.htm (law library links)
www.Duhaime.org (plain language legal dictionary
www.lectlaw.com/d-a.htm
(‘Lectric Law Library legal terms
Case Citation Guide:
www.law.cornell.edu/citation/citation.table.html
continued on page 44
FACTS & FINDINGS / AUGUST 2003 43

Practice Tips: Behold the Power of the Internet
continued from page 43
Public Records Resources.
Starting Points: www.nfoic.org (for details on how to
obtain information under state and federal Freedom of
Information laws). Also try www.knowx.com/ which is a large
database of public records, including searches on individuals
and businesses, adverse filings involving bankruptcy, judgments,
liens, lawsuits and the UCC. Note that only summaries
are provided on this Web site.
www.inlink.com/~nomi/vitalrec/staterec.html
(vital records information)
www.companylink.com
(cross-indexed access to data on 45,000 U.S. companies)
www.sec.gov/edgarhp.htm
(SEC data gathering and analysis database of U.S.
public companies)
One final note: let past editions of Facts & Findings be a
guide for articles which contain Web sites specific to various
areas of law, tips on how to use the Internet, and for other
electronic data information. There’s a wealth of information
included in these editions that will no doubt enhance your
legal research efforts.
Answers to test at the beginning of the article:
1. ARPAnet
2. U. S. Department of Defense
3. Late 1960s
4. Academic institutions and government
5. Worldwide
Patricia J. Gustin, CLA, CFEI
is a freelance paralegal and investigator
based in Harrisburg, PA.
She specializes in assisting expert
witnesses and law firms in both
criminal and civil matters involving
product liability, personal
injury, negligence, arson, origin
and cause determinations, and
industry codes and standards.
She is also a transformative mediator
and non-lawyer representative
before the U.S. Social
Security Administration.
Ms. Gustin holds a BA in
Business Administration from Pennsylvania State University as
well as certifications from NALA and the National Association of Fire
Investigators.
PGustin713@aol.com.
F&
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FACTS & FINDINGS / AUGUST 2003

PROFESSIONALDEVELOPMENT
Technological Impact
on Workplace Culture
by Charlsye J. Smith, CLAS
In 1992 I got my first job as a legal assistant because I
knew a few things about computers. At that time, employees
who could finagle successfully through a database were in
demand. Few attorneys had computers on their desktops, and
electronic mail accounts were almost non-existent.
Now, virtually everyone knows how to use a computer,
and as computers have become commonplace on every law
firm desk, technology has changed the practice of law. What
used to be an impressive section on a resumé is now the norm.
The expectation is that law firm employees know how to
use technology, including database-driven software, cell
phones, digital cameras, and the highly annoying keypad that
grants permission to make even a single copy. This expectation
has changed the practice of law and the culture that influences
the law firm environment. Two influences technology has over
our day-to-day work lives include the way technology affects
our interpersonal relationships and our own methods of communicating
at work.
Interpersonal Relationships
Most of us learned to navigate workplace relationships
through interpersonal communication techniques. We learned
to observe body language and to try to pick up on conversational
styles and speeds. We learned to build relationships at
work by complementing or by adjusting our behavior to the
work styles of others. Most of our efforts focus on communicating
and getting along; we rarely think about how technology
influences these interpersonal relationships.
Next time you have a workplace conflict, examine the situation
through a technical lens. Workplace conflicts could be
rooted in a person’s need to stand still rather than to move forward
with technology. As well, a conflict may result when one
person wants to forge ahead and use cutting edge—and often
untested—technology and another person wants to use the
most reliable technology available.
The nature of the legal profession dictates that no one
has time for the accidental wrecking of a database or the
breaking of a digital camera, and therefore, being uncomfortable
with the technology can cause a lot of stress. No one
wants to be the cause of a technological glitch—or worse—
a technological failure.
If the project from which tension abounds involves technology
that may be frustrating or uncomfortable for the person
who seems to be causing the conflict, try to remove the technological
source of frustration from the person’s work life by
offering additional training or encouragement. If you find
yourself tensing up when faced with a technology-driven task,
ask yourself how you can relieve your own frustration and seek
out the solution. Improving your own comfort level or someone
else’s may vastly improve the workplace environment.
Communication and the Art of Argument
A second way that technology has changed the way we
work is that it affects the way we communicate, including
the way that we construct arguments. For example, if we
need to ask for something—new equipment, a raise, a day
off, a quieter office, etc.—we consider whether we should
ask in person or in writing and whether we should ask first
thing in the morning or late in the afternoon. Sometime in
the last decade, we also started considering whether we should
ask casually by e-mail or elaborately through a memorandum
and a four-color graphic.
How has technology changed the way you communicate?
At the annual convention this year, NALA stressed the importance
of “getting wired.” One goal NALA has is to communicate
with its members through e-mail. The purpose of electronic
communication is to strengthen the organization
through communication.
This enormous undertaking of NALA to add electronic
communication to its current strategies for talking with
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FACTS & FINDINGS / AUGUST 2003

members demonstrates the importance of how technology
is changing the way NALA conducts business. As a member,
I believe NALA’s efforts to communicate more regularly
and efficiently with its members makes me feel important
to the organization. I feel like my membership counts
because NALA is making the effort to keep me informed
in a timely and efficient manner.
Are you a better communicator because of technology?
Do you get what you want more often because you use technology
to construct an argument that identifies your need and
the desired outcome? Or, do you tend to communicate via e-
mail in order to avoid face-to-face contact? How does this
avoidance affect workplace relationships?
Technology, while not yet recognized by the workplace
relationship (organizational communication) gurus for its
powerful influence on our workplace relationships, does
have a powerful streak within those relationships. This
power is worth examining. Next time a conflict arises at
work, examine it through a technological lens by considering
the following factors:
Personnel: Everyone involved in a project should be able
and amenable to using specific technologies in order for a technological
solution to be successful. A person who is not willing
to learn new things can make a workplace miserable trying to
rely on old methods to get the work done. Try to bridge the
comfort gap for a person having trouble adjusting to the technology
and see if tension eases.
The Knowledge Factor: Do you (or a colleague) have
more practice-area knowledge or more technological knowledge?
Which is more important in your job? A firm may
have hired a person based on their technological abilities
thinking that the practice-area knowledge could be learned.
Or, perhaps the firm hired a person with vast experience in
the practice area without considering whether the person
could handle the technological demands of the job. How does
knowing so much (or so little) about technology affect the
satisfaction you get from doing your job? Consider evening
out your own skills—upgrading your technological knowledge
or your practice-area knowledge—to ease any tension or
frustration you may be feeling.
Technological Power: Technology offers two kinds of
power that we need to recognize. First, technology gives us
power. Legal assistants offered jobs in the early 1990s because
of their technological knowledge understand this point, but
it still holds true today. Being confident and constantly
striving to upgrade technical skills creates a level of personal
confidence and power.
Second, technology also has power over us, and this is an
important point to remember. If our e-mail server goes down
for an afternoon we certainly feel that power, but the power I
mention here is different. This kind of power is the kind that
forces us to seek the first kind of power—to keep upgrading
our skills so that we are not left behind.
In other words, as technology changes, the change serves
as a force that keeps us moving and upgrading our own skills.
This second kind of power can also make some people feel
helpless, and this is a real feeling that affects how we feel about
the work we do. Some people will load new software and seem
quite adept at using it. Others might load the same new software
and be unable to find the main menu. This powerful
technological influence can lead to frustration.
Harnessing this power of technology is important for both
the efficient use of technology and for determining its role and
influence on workplace relationships. Technology can be stifling
(I have to learn what just to print a docket sheet?) and
can offer endless possibilities (Should we post a Power Point
presentation on the Web or an interactive HTML page?)
Regardless, both result from the power of technology and both
can be paralyzing—the first because of lack of knowledge and
the second because of too many choices.
Next time you find yourself frustrated by a task on
your desk, your work environment, or your relationship
with a colleague, examine the situation through a technological
lens. Do you gain or lose power through technology to do
your job well and to enhance workplace relationships?
The answer may surprise you.
charlsye.smith@ttu.edu
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FACTS & FINDINGS / AUGUST 2003 47

ETHICSTIPS
Simple Good Manners
Be Sure You Stay a ‘Good Apple’
by Libby Roleson, Ethics Chair
The old saying warns us that “One bad apple spoils the
entire barrel,” but that is not necessarily the case in our profession.
On one hand, there are the bad apples who set up shop
in jurisdictions where their questionable conduct is illegal and
they are the subject of UPL investigations and recipients of
“cease and desist” letters. On the other hand, there are those of
us who stay within the confines of ethical standards, guidelines,
and statutes. We don’t let the bad apples sour our ethics.
To illustrate my point, here is a little story involving a colleague
who told me about a situation she recently encountered
regarding a Chapter 13 bankruptcy proceeding—specifically
Section 341(a) creditor meetings (“creditor meetings”). If you
are unfamiliar with bankruptcy, creditor meetings are merely
administrative proceedings administered by the bankruptcy
trustees. They give the creditor the opportunity to question a
debtor about his/her plan to repay debts. They are not governed
by the rules of the bankruptcy court.
For more than two years, Ms. Doe had been employed as
a bankruptcy paralegal for a law firm that represents a major
creditor. After being hired, she accompanied her supervising
attorney to Section 341(a) creditor meetings and was properly
introduced as the firm’s paralegal to various bankruptcy attorneys
and paralegals, as well as the bankruptcy trustees. After a
time, the supervising attorney felt Ms. Doe was ready to attend
creditor meetings on her own.
After reviewing the file and consulting with her supervising
attorney and the creditor, Ms. Doe received explicit
instruction as to what the creditor would or would not accept
from the debtor in the form of repayment, repossession of the
collateral, and so forth.
At one creditor meeting, Ms. Doe was questioning a
debtor about a repayment plan and relayed to the debtor and
his attorney what the creditor would accept. The debtor’s attorney
didn’t agree to the creditor’s proposal as relayed by Ms.
Doe and began to “negotiate” other means of settlement. Ms.
Doe promptly reminded the attorney that she was a paralegal
and could not negotiate a settlement, adding that she could
only relay what the creditor would accept.
The attorney became agitated and wrote a letter to Ms.
Doe’s firm and the court demanding that no one other than
attorneys should attend creditor meetings. Ms. Doe and her
supervising attorney decided it would be best if her supervising
attorney attended all future meetings in which that attorney is
to be involved.
As NALA members, we subject ourselves to the American
Bar Association’s Model Rules of Professional Conduct and
NALA’s Code of Ethics and Professional Responsibility. We must
also be aware of any statutes governing the unauthorized practice
of law and non-lawyer conduct.
The CLA Review Manual states the following:
In broad terms, the practice of law is any act that
involves the giving of legal advice or opinions to
others or involves representing others in legal matters.
Generally speaking, legal assistants cannot:
• accept cases;
• set fees;
• give direct legal advice to clients;
• negotiate legal matters on behalf of clients; or
• represent clients in court settings.
Beyond these specific limitations, legal assistants ethically
can perform virtually every other type of legal
task imaginable on behalf of clients as long as three
criteria are met:
1. The legal assistant’s work is properly supervised by a
licensed attorney.
2. The supervising attorney maintains a direct relationship
with the client; and
3. The supervising attorney assumes full professional
responsibility for the work product.
CLA Review Manual, 2 nd Ed. 155 (1997)
In response to the disgruntled attorney’s letter, Ms. Doe’s
supervising attorney reminded him of a ruling handed down
48
FACTS & FINDINGS / AUGUST 2003

y the United States Bankruptcy Court, W.D. Tennessee, E.D.
In In Re Kincaid, 146 B.R. 387 (Bkrtcy.W.D.Tenn. 1992), the
court concluded:
Accordingly, the Court further concludes in the
instant case that the non-lawyer employee or representative
of the bank, a corporate-creditor, may appear
on behalf of the bank and question the debtor at the
meeting. It would be inappropriate to statutorily
invite corporate-creditors to attend a non-adjudicative
meeting of creditors and once there, inform them that
they must hire a lawyer as a precondition to asking the
debtor, for example, where the bank’s collateral is
located.
Did Ms. Doe act properly? Of course.
• She was properly introduced as a paralegal.
• The supervising attorney had direct contact with the client.
• She reminded opposing counsel that she was a paralegal and
could not negotiate.
And, it could go without saying that the supervising
attorney maintained responsibility for her work. Withdrawing
from future matters with which this debtor’s attorney is
involved wasn’t just the only option available—it was the right
thing to do.
Libby Roleson, CLAS is a
paralegal with the Memphis, TN
office of Stokes Bartholomew
Evans & Petree. She is a two-term
past president of Greater
Memphis Paralegal Alliance,
served as GMPA’s CLA Study
Group Chair from 1995 through
2002, and currently serves as
NALA’s Ethics Chair.
lroleson@stokesbartholomew.com
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Make theRight
Connection
Ready for a new job in the legal industry?
The Association of Legal Administrators’ job
bank — ALA Management Connections SM — is now
posting ads for legal assistants, paralegals and legal
support staff. Log on to www.alanet.org/career today
to find your next employer.
If you’re trying to fill a legal support position in
your firm or corporate legal department, let ALA
help you make the connection. ALA’s job bank
helps prospective employers and employees find one
another — quickly, conveniently and inexpensively.
Log on to www.alanet.org/career or contact
the ALA Management Connections SM coordinator
at (847) 816-1212 today to learn more.

SPECIALCONTRIBUTION
Contribute to Paralegal Education
It is well known that practicing paralegals lead very busy lives.
With work, personal, and family responsibilities competing for their
time, legal assistants are wonders of multi-tasking efficiency.
In spite of what may seem a “full docket,” however, sometimes
we need to expand our horizons and take bold steps. It helps us to
reenergize and refocus, and it is great for our self-esteem.
I have a few suggestions:
Be a Mentor
Helping someone who is just starting out in the paralegal
profession is very rewarding. In AAfPE, we have a mentor program
and we place new program directors with more experienced
ones for advice and suggestions. It has been highly successful. You
can volunteer to be a mentor at your place of employment or
through your local paralegal association. You can help educate and
advise new paralegals.
Join an Advisory Committee
Your local college or university that offers a quality paralegal
program will have an advisory committee. Lawyers, paralegals and
other legal and non-legal professionals are on these committees.
Whether you are a paralegal in the public or private sector, you can
make a valuable contribution through this service.
Advisory committees are utilized by colleges and universities to
advise programs on employment trends, curriculum issues, marketing
strategies, etc. They usually meet once or twice a year. This is a
great way to help guide paralegal programs.
by Joan Fraczek Spadoni
AAfPE President
Electronic Communication Amendment Passed
15.1 Electronic Transmission. Any notice of the time, place if
any, and purpose of any meeting as specified in these Bylaws; any
proxy given by a Member; or any vote of the Directors of the
Corporation; or a vote of a Committee as specified in these
Bylaws shall be deemed given if delivered by electronic transmission.
If notice, proxy, or vote is given by electronic transmission,
the notice, proxy, or vote is given when electronically transmitted
to the individual entitled to receive the same in a manner authorized
by the Corporation. Electronic transmission shall be as
defined in the Oklahoma General Corporation Act, as amended.
15.2 Remote Transmission. If an individual or proxy holder may
be present and vote at a meeting by remote communication, the
individual or proxy holder shall be given notice of the means of
remote communication allowed.
Teach a Class
Send your resumé to a local college or university and offer to
teach part time in the paralegal program. Your specialty areas provide
great expertise, and practicing paralegals can be wonderful
educators. This is an opportunity to share the knowledge you have
gained with future paralegals.
AAfPE is dedicated to quality paralegal education, and we
believe that you can play a vital role. We all benefit when the paralegal
profession is made up of educated and qualified paralegals.
Expand your own horizons and give some of your time to help
achieve this worthwhile goal.
Please visit our website at http://www.aafpe.org to learn more
about AAfPE.
Joan Fraczek Spadoni, J.D. is a
Professor of Law at Bay Path College,
Longmeadow, MA, and has been
involved in paralegal education for
more than 20 years. She has served
on AAfPE’s Board of Directors since
1998 as Director of Baccalaureate
Degree Programs, President-elect and
President. She has also served as
Editor-in-Chief of AAfPE’s professional
magazine, The Paralegal Educator.
jspadoni@baypath.edu
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Members at the July 11, 2003, Annual Meeting unanimously passed the proposed amendment to the NALA Bylaws to allow
establishing procedures for remote communication and electronic transmission. The new article is as follows:
Article XVRemote Communication and Electronic Transmission
15.3 Electronic Meetings. The Directors, Committee Members
as specified in the Bylaws, and Members may participate in a
meeting by means of conference telephone or similar communications
equipment by means of which all persons participating in
the meeting can communicate with each other. All participants
shall be advised of the communications equipment and the
names of the participants in the conference shall be divulged to
all participants. Participation in a meeting pursuant to this
Section shall constitute presence in person at the meeting.
Unless otherwise restricted by the Articles of Incorporation or
these Bylaws, a meeting as specified in this Section, may be conducted
solely by means of remote communication.
50
FACTS & FINDINGS / AUGUST 2003

AFFILIATESCOLUMN
Making the Most of Affiliation with NALA
by Melissa A. (Lisa) Vander Weide, CLAS
NALA Affiliated Associations Director
Hearty congratulations are in order for
every board member of a NALA Affiliated
Association. You have taken on the challenge
of leading your association. Not only will you
help grow and develop your affiliated association,
but will play an important part in
advancing the paralegal profession as a whole
within your community.
While NALA serves the interests of our
profession nationwide, your local association
has the critical role of serving the profession
within your geographic area. Both associations
are vital to your professional life.
Communication with legal assistants
elsewhere in the country is an important
purpose of the affiliated associations. Being a
member of a NALA affiliate gives you access to
background information for projects that other
affiliates may have already tried. The opportunity
to network with other affiliates is a key
benefit to your affiliation with NALA.
To make the most of your affiliation,
start by submitting your quarterly reports
and annual report to NALA. Send your
association’s newsletter to me. This paperwork
may seem a hassle, but the more we hear from
you, the more we know what your needs are.
Also, why not share your newsletter with
other NALA Affiliates?
Take a look through NALA’s 2003 Annual
Report you received at the NALA Convention
for ideas and contact information for your fellow
affiliates. You will no doubt find an association
that has accomplished at least one of the
goals your association has set.
There is a section in the NALA Net
Conference Center specifically for affiliated
associations. Make sure you use this tool to
post advertisements of your seminars and
events. You can (and should) share tips from
your successful projects, and post questions to
other affiliates for help with issues your association
faces. This is a quick and easy way to
communicate with every affiliated association.
Read through your Affiliates Briefs and
visit the Affiliates’ page on the NALA Web site.
NALA strives to make sure you have valuable
information at your fingertips.
I know we always say these things as
though we think you won’t believe us, but you
really must attend the Annual Affiliated
Associations meeting at the NALA Convention.
Bring your newsletters and other materials
you are proud of and share them. Take time
to visit with the other affiliate representatives
so you will be able to put faces with the names
of those you have been in contact with
throughout the year. You will return to your
own association full of energy and ideas.
And, if you have comments, questions or
ideas about how NALA might serve your association
better, please contact me. I try hard to practice
what I preach, and I truly want to hear from you.
The purpose of the NALA Affiliated
Associations program is for NALA and the
affiliated associations to work together for the
benefit of the paralegal profession. Utilize the
tools NALA makes available to your association.
The result will make us all stronger.
Melissa A. Vander Weide, CLAS, works in
the areas of Bankruptcy and Creditor’s Rights
with Broad and Cassel, Orlando, FL. She has a
BA in Legal Studies from the University of Central
Florida, earned her CLA in 1994 and received the
CLAS in Bankruptcy in 2002. She is a member
of the Central
Florida Paralegal
Association, Inc.
and the Central
Florida Bankruptcy
Law
Association.
She formerly
served two
terms as
NALA’s Region
3 Director.
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FACTS & FINDINGS / AUGUST 2003 51

BREAKINGNEWS
Specialty Task Force Report
The NALA Specialty Program is 21
years old and entering a new phase to stay
in step with the accelerating pace and evolving
needs of the paralegal profession. A shift
from the current exam-site testing program
to a curriculum-based Internet learning and
assessment process is the main transformation
due for the specialty program.
Recommended changes in the program
were introduced to legal assistants
from across the nation at the July 10
Membership Forum during NALA’s 28th
Annual Convention in San Antonio.
Charlsye J. Smith, CLAS, Chair of the
14-member Specialty Certification Task
Force formed to review the Specialty
Program in May 2002, presented changes
planned for the program, described Task
Force review and evaluation methodology,
and explained the rationale behind the
recommendations.
Much work remains to be done
before the first new Specialty Certification
program can be introduced in late 2004.
The Task Force is proceeding deliberately
in its work to ensure that the specialty
program retains the integrity and reputation
for quality it has achieved in the past
two decades.
The new program will offer the same
CLAS or CP Specialist credential as the
current program, but in a different manner.
Candidates still must achieve the level
of education, knowledge, and skills
required for CLA certification, and those
needing more work in a specialty area
before committing to the new program
can be identified through pre-testing or
other screening methods.
Why Change?
Specialization is an entirely different
matter today than when the CLAS program
was launched in 1982. Devising a
program with curricula to meet an eversharpening
focus was a key element in the
Task Force’s desire to tailor the specialty
program to the jobs CLAs are actually
doing “like finely fitted gloves,” according
to Ms. Smith. She noted that this aim is
supported by feedback from members
who have asked for more narrowly
focused specialty examinations.
The Task Force also recommended
CLA
that the program should better serve CLAs
wishing to enter new areas of specialty, as
well as those seeking specialty credentials
in their current practice areas. This recommendation
was based on the observation
that the current program is aimed at those
who either have the experience to pass the
Certified
exam in a certain area of law, or who are
Legal
willing to undertake
Assistant
a grueling (and often
indistinct) regimen of self study to achieve
the required knowledge.
Logistical issues surrounding location
and times of examinations were also a matter
the Task Force addressed. The current
four-hour written exam given three times a
year at locations nation wide require the
inconvenience, or outright hardship, of
travel for many who wish to earn specialized
certification. A more “user friendly”
means of qualifying for the CLAS was
sought, without compromising the level of
expertise required for certification.
CP
Program Criteria
In order to meet the recommendations
for more narrowly-focused specialty areas
and greater service to CLAs who want to
change specialty areas of practice, the Task
Certified
Paralegal
Force set specific criteria to be met by the
specialty program. These include:
1. Participants must hold the CLA credential.
This standard of excellence is
seen as a crucial prerequisite for specialty
certification.
2. The program must be relevant to the
workplace. Employers represented on
the task force emphasized that in order
for employers to support the new program,
the current reality of narrow specialization,
rather than broad areas of
practice, must be reflected in the program.
In addition, the program description
must clearly state the meaning of
the advanced certification – that the
individual legal assistant has demonstrated
specific knowledge in a specific
area of law.
3. Defensible national standards must
be maintained. The program must
withstand evaluation by outside experts
just as the CLA examination and the
current specialty program have.
4. The program must be accessible, and
offered at reasonable cost.
Proposed Changes
With these recommendations and criteria
in mind, Specialty Certification Task
Force consultant Kurt Kraiger, McFarlin
Professor of Psychology at The University
of Tulsa, led the Task Force in developing
program changes. Dr. Kraiger is an expert
in developing professional certification
programs, and in evaluating certification
training programs.
The major changes proposed at this
time are:
1. Provide a curriculum-based program
that focuses on training and assessment
through program interactivity rather
than self-study and testing. This is a
move away from the testing-only model
to more accurately reflect NALA’s mission
of continuing education, while
retaining an assessment component to
assure compliance with certification
standards.
2. Deliver the program online rather
than at CLA examination sites. Dr.
Kraiger urged adoption of the Internet
for its “anytime, anywhere” qualities.
Online delivery provides participatory
learning and certification rather than
isolated testing, it provides control over
presentation of content so that every
participant gets the same information,
and it provides controlled use and flexi-
52
FACTS & FINDINGS / AUGUST 2003

ility of course content and materials.
The curriculum-based model is seen as
a distinct improvement over the current
self-study process that has been likened to
shopping without a list. The curriculumbased
program provides continuing legal
education, and ensures that specific content
is being covered. This is an accepted model
of certification and professional development
programs throughout the United
States and across numerous occupations.
An assessment component is part of
the curriculum-based program. Details of
assessment are part of the work still being
done by the Task Force, but the principle
of requiring participants to prove that
they have learned remains paramount.
Both the educational and assessment components
will be online.
A curriculum-based model assumes
that participants will discuss course material
and consult outside sources, including colleagues
as well as reference books or specialty
practice area experts. The focus is on
education and learning specific subject matter
rather than testing, which has already
been done by the CLA Examination to
ensure that candidates have the requisite
analytical, research, and writing skills.
When Will it Happen?
The first specialty area in development
is Contracts Administration/
Management. Prototype evaluation is
expected to begin in a few months and
actual implementation is expected before
the end of 2004. Because the subject of
contracts touches many areas of law, this
was seen as a good place to start.
Other specialty areas will be developed
according to the needs of CLAs.
While the task force is considering a wide
range of possibilities, each specialty program
will be designed to reflect the work
of legal assistants in specific, narrow practice
areas. The task force will seek input
from CLAs and NALA members, review
survey data, and other information to
determine specific specialty areas.
Some examples of areas under
consideration are Gaming Law, Trademark
Law, Patent Law, Elder Law, Complex
Litigation Management, Reorganizational
Bankruptcy, etc. CLAs are welcome to
submit requests for specialty areas to
the task force.
The current CLAS Examinations will
remain in place until the new curriculumbased
programs are ready to be phased in.
Those who wish to attain their CLAS
through the testing program may do so
with assurance that the examination program
continues to be monitored and
maintained by testing experts to ensure
the tests’ integrity.
F&
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COMMUNICATIONCORNER
It’s a Matter of Its Possession
by Virginia Koerselman, Esq.
Have a communication question? Submit it
to the Communication Corner for an
answer. Post your questions to the FACTS &
FINDINGS discussion board on NALANet
or send them to nalanet@nala.org.
1. No matter how much we _______
father never allowed us to place or to Virginia Koerselman
receive calls after 10:00 p.m.
a. pleaded, whined or cajoled, my
b. pleaded, whined, or cajoled, my
2. The law is exacting in ________ application.
a. it’s
b. its
3. Our newest _____ are justifiably pleased with their success.
a. CLAs
b. CLA’s
4. The storm damaged most of the ____ windows in our town.
a. house’s
b. houses’
5. Every lawyer ___________ fortunate.
a. lawyer who has a talented legal assistant in her office is
b. lawyer, who has a talented legal assistant in her office, is
ANSWERS:
(page references are to the CLA Review Manual, 2d ed.)
5. a—This adjective clause is necessary for identification and is not set
apart from the rest of the sentence by commas. Page 84…lawyer who
has a talented legal assistant is…
4. b—A plural possessive is the better choice in this sentence. Page 79.
houses’ windows in our town.
3. a—As used in this sentence, CLA is plural but is not possessive.
Page 79… CLAs…
2. b—Use the possessive form in this sentence. Page 75…its application.
1. b—Use a comma after each item except the last in a series. Page 83
… pleaded, whined, or cajoled,…

New Members
March 14, 2003 thru
July 18, 2003
ALABAMA
Catherine Hauser
Miriam E. Ratowitz
Carol Ruth Sullivan, CLAS
Lynda L. Telle
Katrina D. Williamson
ALASKA
Karen A. Wood
ARIZONA
Mina Cavazos
Gail M. Dickerson, CLA
Belinda Fonseca
Louis E. Hagedorn
Nancy A. James
Catherine R. Kline
Louise C. Lassila, CLA
Melissa A. Phillips, CLA
Laura E. Smith
Kelly Spross
Daniel N. Squires, CLA
Michele C. Turenne, CLA
Deborah A. Ward, CLA
ARKANSAS
Tonya R. Freeman
Jerry J. Keller
Ruth N. Motes, CLA
Teresa Robertson
Jennifer D. Sinclair
Terri Vanlandingham
CALIFORNIA
Paul Armstrong
Alanna V. Arroyo, CLA
W. L. Baughman
Lisa M. Bride, CLA
Brenda Jan Britton
Judith Carpenter
Robert Chavers
Ming Hao Chuang
Kimberley A. Joffe-
Corners
Carolyn S. Davis
Erin DeSantiago
Jennifer Diederich
Suzanne Ervine
Marianne K. Frost, CLA
Jennifer G. Gibbs
Julianna Hallsted
Dianne Holloway
Candy Holthouse, CLA
Margaret G. Kim, CLA
Patricia M. Larrigan, CLA
Eleanor Lister
Carol J. Miller, CLA
Shawnee Miller
Jennifer M. Morgan, CLA
Yvette Morris
Kimberly A. Mumford
Nasrin Nabavi
Todd L. Oelschlager
Douglas R. Parker
Irene M. Perez
Marianne B. Santiago
Paige Smith
Jeff Sparks
Hilary Black-Streeter, CLA
Heather Thomsen
Lewis Williamson
Lisa Wolfsen
COLORADO
Jill R. Anderson
Theresa M. Cavalier
Laura Deer
Ann S. Riddel, CLA
Connie Rossi
Lisa John Shand
Darla Shaw
CONNECTICUT
Julie Haynes
DISTRICT OF COLUMBIA
Kim Denise Morgan
FLORIDA
Tracy Affleck
Erin M. Anderson, CLA
A. Lynne Babbidge
Pamela M. Banker, CLA
Pamela M. Barr, CLA
Jennifer L. Bishop, CLA
Valerie Blake
Lea Brittain
Lorie A. Brownson
Myrtle F. Burrell, CLA
Joanee Calsetta
Joie E. Catalano
Lynn P. Conchado, CLA
Rona Deutch
Joyce E. Dillard, CLA
Vanessa J. DiSimone,
CLA
Consuelo Drivas
Sandy E. Duncan
Candice S. Dunkiel
Deana M. Duvall, CLA
George T. Ekonomon
Penny D. Garner
Christina Moore Ealy
Sally B. Feaman
Elaine Fletcher
Amy Michelle Fooshe
Christopher O. Fraga, CLA
Shirley M. Gaier, CLA
Penny D. Gamer
Kimberly Denise Gant
Sandra M. Giunto
Carol A. Gordon, CLA
Ann M. Henry, CLA
Roberta A. Hintemeyer
Erika Horchler
Sharon Huffman
Mary Elizabeth Jabiri, CLA
Michelle Jay
Mary C. Jennings
Belinda Johnson
Tammy L. Johnson
Wendy R. Keller
Nancy B. Koitto
Victoria S. Simko
Lachman
Keith Latek, CLA
J.P. Listick
&
NEWS INFORMATION
Brenda S. Lloyd, CLA
Melody Long
Maria T. Maska, CLA
Bernice Maurer, CLA
Andrea M. Mayes
Frederick Dalton
McMurtrey
Jaime Mejias, JR.
Susan M. Merriam, CLA
Melissa Mulea
Stacy C. Owen, CLA
Judy L. Pennala, CLA
Sendra Groves-Quinn
Tamara C. Redi, CLA
Jill Reeves
Dawn Marie Ripley
Kathryn J. Rishoff
Dorothy Sell, CLA
Debra Shuey
Jennifer Buggs Smaoui,
CLA
Dawn Smith
Rebecca A. Soucy, CLA
Dina A. Spangler, CLA
Kathryn F. Stahler, CLA
Darrell DeMorris Starks
Tracey Westbrook-Teagan,
CLA
Tammy Lynn Temmel
Angela Thomas
James David Thomas
Arlene J. Tibbetts, CLA
Michelle Trepanier, CLA
Cynthia K. Verner
Sheila A. Watson
Nichole L-L Waddell, CLA
Dorothy R. Weiss
Robin R. White
Patricia E. Wilken
Ann Gisele Wilson
Gunster Yoakley
GEORGIA
Caroline L. Boudreau
Andrea Condell
Judith Lorient
Latosha S. Moorman
Jennifer Pritchett
Sheila A. Watson
Beverly Jo Young
ILLINOIS
Vilija Ball
Nancy Jane Buttery
Nanette Buttery
Annette M. Sharp-Davis
Denise Hangsleben
Michael Muir
Robert E. Neville
Lourdes I. Ortiz
Melissa Piwowar
Rebekah E. Siebert, CLA
INDIANA
Deanna K. Griffith
Laura J. Harmon, CLA
Betsy Spiegel
Nancy J. Williams
IOWA
Iowa Western Community
College
Jennifer L. Rauscher
KANSAS
Leeann Dokken, CLA
Cheryl Ferguson
Shannon D. Gillispie, CLA
Renai Harrison
Ronda R. Hoover, CLAS
Annette L. Meece
Cassandra S. Tucker, CLA
Bruce A. Wittman, CLA
KENTUCKY
Brina S. Parrish-Davis
Crystal Estes
Sara Ann Gamaper, CLA
Jeffrey Hatchell
Natalie Rae Smallwood
LOUISIANA
Tracey Batiste
Desiree’ D. Early, LCP,
CLA
Shannon R. Landry
Stephanie S. Roberts,
CLA
Kim M. Williams
Tiffany L. Williams
MAINE
Robin C. Martikke-Doyal
Mindy M. Morin
Michael Torrusio, Jr.
MARYLAND
Jayson David Bozek
Barbara Michelle Bush
Virginia G. Connolly
Sandra Maney
Mariko Murray
Jeanette C. Warne
MASSACHUSETTS
Stacey A. Hamilton
Melissa A. Quinn, CLA
MICHIGAN
Ricardo R. Alessio, CLA
Kathy Ann Blunck
Deborah Bohn
Valrie Brooks
Susan Bullard
Jennifer Clark
Dennis W. Cramer
Kimberly Fetterman
Patricia Lehrer-Foust
Lori L. Kies
Amy Medd
Rebecca Joan Anne
Paquette
April L. Riddell
Marie Visos
Gloria A. Walsh
Donghong Wang
MINNESOTA
Amy Elizabeth Lievers,
CLA
MISSISSIPPI
Tami R. Bullock
Mitzi Jackson
Elizabeth A. Ragusa
Lisa D. Tanner
Renita Mason-Tonder
Christi M. Wilkins
MISSOURI
Pamela D. Robtoy
MONTANA
Kathleen G. Gowen, CLA
NEBRASKA
Joni M. Gunn
Sheila Meyer-Kremer
NEVADA
Angela Micki Carminer
Debbie Floyd
Denise Harper
Melissa J. Hawkes
Tanya James
Debra Newman
Susan E. Waits
NEW HAMPSHIRE
Stephanie A. Croteau
Edward P. Frechette, CLA
Shael B. Moyer, CLA
Valerie Picco
NEW JERSEY
Janine Brady
Barbara A. Carpenito
Joy N. Eakley, CLA
Nicole V.Davis-Johnson
Lisa A. Szelc
Susan Tyrrell
Warren County
Community College
NEW MEXICO
Griselda P. Rodriguez,
CLA
NEW YORK
Tyrone Christopher
Dara K. Fulton
Karen B. Furman
Tina Garaffa
Keri Heit-Helder
Tamara Martin
N. Yvonne Miranda
Michael A. Morabito, Esq.
Leonora M. Nelson
Thomas Ngo
Jaycinth C. Robinson
Denise A. Rogalio
Daniel G. Stich
Willie L. Tucker
Margaret Beilfuss-
Wedgwood
Elizabeth Zucco
NORTH CAROLINA
Ellen M. Barney
William A. Coppridge
Beth Fabish DeCaro, CLA
Deborah J. Dooley
54
FACTS & FINDINGS / AUGUST 2003

&
NEWS INFORMATION
Phyllis L. Dunham
Shawn L. Leisey
Janice D. Linker, CLA
Dina M. Morrison
Wendy A. Murry
Susan T. Norton
Rebecca J. Pagett
Lora W. Routh
Connie L. Russ
Cynthia S. Rubio, CLA
Connie L. Russ
Sandra L. Shuman
Christine (Crystal) L.
Smith
Jay Talbot
NORTH DAKOTA
Joanna Larson
OHIO
Katrina L. Aiken
Gerard Becker
Kathryn L. Kuhar
Karen A. Santagata
OKLAHOMA
Sheila A. Baker
Tamarie L. Clark
Brandy Crooks
Mary Jo Diamond, CLA
Valerie J. Ellis, CLA
Linda M. Gremore, CLA
Melody Dawn Kennedy
Susan C. Kennedy
Sharon G. Olsen
Anna E. Roller, CLA
Annette M. Stacy, CLA
Kelli A. Stanford
Ami D. Steelman, CLA
Shela Dawn Tarwater
OREGON
Karon Chapman
Kristin K. Colligan, CLA
Regina E. Kelman, CLA
PENNSYLVANIA
Sherred W. Bell, CLA
Mary Beth Bennicoff
Karen L. Catanzaro
Connie L. Collins, CLA
Edward Duggan
Nina M. Evans
Cynthia Ann Jantzer, CLA
Abigail R. Jarrell
Stacee M. Norton
Terri L. Rudy, CLA
Linda Silfies
Sue A. Spigler, CLA
Gabriel J. Waddell, CLA
RHODE ISLAND
Melissa Farla
SOUTH CAROLINA
Kelley G. Kelly, CLA
Melanie L. Driggers-
Mason
Tina L.D. Perkins
TENNESSEE
Laronda D. Beaver
Cynthia G. Blankenship,
CLA
P. David Brown, Jr.
Patricia Michealle
Erickson
Carine Evers
Carla Denise Heaton, CLA
Courtney Scott Jackson
Wendi J. Martin
Lynne E. Neeley, CLA
Cindy A. Powell
Vivian Ryan
Gayle Schultz
Linda D. Scroggins
Courtney R. Shepherd,
CLA
Deborah A. Sifuentes
Laurie M. Vairetta, CLA
TEXAS
Bruce Ades
Charles Christopher
Anthony
Clara L. Buckland, CLA
B.J. Campbell
Katherine Campbell, CLA
Marlene A. Campbell, CLA
Victor J. Canales
Helen W. Cardamone, CLA
Alicia L. Castillo, CLA
Center for Advanced Legal
Studies
Julie A. Champion
Paula Cox
Julie D. Dale
Robertine D.
DeGraffenreidt
Elizabeth Gee, CLA
Christy Gonzalez
Tammie Hanson
Ellen Charlene Hart
Clifford Glenn Hogan, CLA
Jennifer Hill Hsing
Janna Hutton
Paul Koll
Kelli Kray
Kelly D. Lane
Sally J. Lunday, CLA
E. Kay Marcus
Heather L. McClure, CLA
April L. Page, CLA
Marsha A. Ptomey
Tiffany L. Savage, CLA
Linda D. Scroggins
Mary Ann Shurley
Katherine A. Sostak
Diane R. Taylor, CLA
Frances V. Trevino, CLA
Brenda J. Varner, CLA
Donna J. Welch
UTAH
J. Robyn Dotterer, CLA
Julie Stark-John
Lynnette S. Rose
VIRGINIA
Evelyn M. Ankers, CLA
Cynthia Banicki
Leah-Beth H. Blank, CLA
Annette Cox
Janine Dupal
Katharine M. Morgan,
CLAS
Don Gilbert Rogers
Judy L. Shangraw, CLA
WASHINGTON
Stephanie A. Brodin, CLA
Marek Brustad
Barbara J. Gosselin
Kelly L. Palmer
Teresa A. Smith, CLA
Martha M. Wax
WEST VIRGINIA
Valasha L. Sweetnich,
CLA
Tracy L. Wolford
WISCONSIN
Heather Hill
Institute for Paralegal
Education
Tricia Tews
WYOMING
Alena C. Paier
Stephanie Sandoval Pyle,
CLAS
FOREIGN
Douglas Hollon
Affiliated
Associations
As of July 18, 2003
ALABAMA
Alabama Association of
Legal Assistants
http://www.aala.net
President:
Jane D. McKinnon, CLA
Birmingham, AL
Liaison:
Jeanie C. Johnson
Birmingham, AL
Legal Assistant Society
of Virginia College
Virginia College at
Birmingham
Faculty Advisor:
David Champlin,
Legal Dept.
Birmingham, AL
Samford Paralegal
Association
Faculty Advisor:
Les Ennis
Birmingham, AL
ALASKA
Fairbanks Association of
Legal Assistants
President:
Deana M. Waters
Fairbanks, AK
Liaison:
Barbara A. Johnson, CLA
Fairbanks, AK
ARIZONA
Arizona Paralegal
Association
http://www.azparalegal.
org
President:
Jennifer Lorona
Phoenix, AZ
Liaison:
Sandra L. Shapiro, CLAS
Phoenix, AZ
Legal Assistants of
Metropolitan Phoenix
http://www.geocities.
com/azlamp
President:
Marcie Kanefield
Phoenix, AZ
Liaison:
Julian Y. Hernandez, CLA
Phoenix, AZ
Tucson Association
of Legal Assistants
http://www.azstarnet.
com/nonprofit/tala
President:
Deborah A. McMurrich,
CLA
Tucson, AZ
Liaison:
Sue A. Mahon
Tucson, AZ
ARKANSAS
Arkansas Association
of Legal Assistants
http://www.aala-legal.org
President:
Shermaine J. Dowling,
CLA
Little Rock, AR
Liaison:
Jenny L. Disney, CLA
Springdale, AR
CALIFORNIA
Inland Counties
Association of Paralegals
http://www.icaparalegal.
org
President:
Angela Yess, CLA
Redlands, CA
Liaison:
Donna F. Derstine, CLAS
Riverside, CA
Los Angeles Paralegal
Association
http://www.lapa.org
President:
Jenifer G. Gibbs
Los Angeles, CA
Liaison:
Mary L. Theroux, CLA
Pasadena, CA
Orange County Paralegal
Association
http://www.ocparalegal
.org
President:
Christine J. Garber
Huntington Beach, CA
Liaison:
Marilyn Dupies, CLA, CAS
Newport Beach, CA
Palomar College Paralegal
Studies Club
Faculty Advisor:
Angelo Corpora
San Marcos, CA
Paralegal Association of
Santa Clara County
http://www.sccparalegal.
org
President:
Marcia L. Peterson, CLA
Palo Alto, CA
Liaison:
April M. Piercey, CLA
Palo Alto, CA
San Joaquin Association
of Legal Assistants
President:
Pamela L. Buchnoff, CLA
Fresno, CA
Liaison:
Debbie Dodd
Fresno, CA
Santa Barbara
Paralegal Association
http://www.sbpara
legals.org
President:
Barbara Brooke Medina,
CLA
Santa Barbara, CA
Liaison:
Kimberly A. Mumford
Santa Barbara, CA
Ventura County
Association
of Legal Assistants
http://www.vcparalegal.
org/
President:
Delaina Finch
Oxnard, CA
Liaison:
Geraldine Bowen, CLA
Thousand Oaks, CA
FACTS & FINDINGS / AUGUST 2003 55

&
NEWS INFORMATION
COLORADO
Association of Legal
Assistants of Colorado
President:
Doris Silva, CLA
Colorado Springs, CO
Colorado Association of
Professional Paralegals
and Legal Assistants, Inc.
http://www.cappla.org
President:
Pam K. Knapp, CLA
Denver, CO
Liaison:
Helen L. Miller, CLA
Denver, CO
Legal Assistants of the
Western Slope
President:
Penny Landeis
Grand Junction, CO
Liaison:
Kirsten Miller
Grand Junction, CO
FLORIDA
Central Florida Paralegal
Association
http://www.cfpainc.com
President:
Anne M. Iazucco, CLA
Naples, FL
Liaison:
Wilhelmina G. Herschey,
CLA
Orlando, FL
Gainesville Association of
Legal Assistants
http://www.afn.org/~gala
President:
Michelle Sharp
Gainesville, FL
Liaison:
Kathleen R. Logan, CLA
Gainesville, FL
Northeast Florida
Paralegal Association
http://www.jaxla.org
President:
Margaret C. Costa, CLA
Jacksonville, FL
Liaison:
Mary F. Greenhill, CLA
Jacksonville, FL
Northwest Florida
Paralegal Association
http://www.nwfpa.com
President:
Cristi A. Malone, CLA
Pensacola, FL
Liaison:
Kristine M. Hill, CLA
Pensacola, FL
Paralegal Association
of Florida, Inc.
http://www.pafinc.org
President:
Penny W. Bell, CLAS
Cocoa, Palm Beach, FL
Liaison:
Sue Thomas, CLA
St. Petersburg, FL
South Florida
Paralegal Association
http://www.sfpa.info
President:
Aida C. Rodriguez, CLA
Miami, FL
Liaison:
Raymond Zamora
Miami, FL
Southwest Florida
Paralegal Association
http://www.swflorida
paralegals.com
President:
Geraldine A. Mills, CLA
Sarasota, FL
Liaison:
Susan L. Levine, CLAS
Sarasota, FL
Volusia Association of
Paralegals
http://www.volusiapara
legals.com
President:
Judy Beatty Haraseth,
CLA
Daytona Beach, FL
Liaison:
Maryann Valerio, CLA
Daytona Beach, FL
GEORGIA
Southeastern Association
of Legal Assistants
of Georgia
http://seala.cjb.net
President:
Vicki H. Garrett, CLA
Savannah, GA
Liaison:
Pamela K. Bebon, CLA
Savannah, GA
ILLINOIS
Central Illinois
Paralegal Association
http://hometown.aol.com/
cipainfo/myhome
page/club.html
President:
Lisa J. Craghead, CLA
Urbana, IL
Liaison:
Deborah L. Bradd
Urbana, IL
INDIANA
Indiana Legal Assistants
http://www.freeyellow.
com
President:
Becky A. Fehr
New Albany, IN
Liaison:
Darlena E. Gentry, CLA
Terre Haute, IN
IOWA
Iowa Association of
Legal Assistants
http://www.ialanet.org
President:
Denise M. Brentner, CLA
Cedar Rapids, IA
Liaison:
Jane Wiggins Armstrong
Waterloo, IA
KANSAS
Heartland Association of
Legal Assistants
http://www.accesskansas
.org/hala
President:
Blanche M. Bunce, CLA
Overland Park, KS
Liaison:
Mildred A. Cundy, CLA
Overland Park, KS
Kansas Association of
Legal Assistants
http://www.ink.org./
public/kala
President:
Nancy Elizabeth
Mendenhall, CLA
Wichita, KS
Liaison:
Stephanie G. Rahm, CLA
Wichita, KS
KENTUCKY
Western Kentucky
Paralegals
President:
Julie P. Franklin, CLA
Madisonville, KY
Liaison:
Joan Hobgod, CLA
Madisonville, KY
LOUISIANA
Louisiana State
Paralegal Association
http://www.la-paralegals.
org
President:
Jimmie W. Murvin,
CLAS, LCP
Baton Rouge, LA
Liaison:
Gail Seale, CLA, LCP
Monroe, LA
Northwest Louisiana
Paralegal Association
President:
Pamela H. East, CLA, LCP
Shreveport, LA
Liaison:
Jan L. Melton, CLA, LCP
Shreveport, LA
MICHIGAN
Legal Assistants
Association of Michigan
http://www.laamnet.org
President:
Marcy L. Jankovich,
CLAS
Okemos, MI
Liaison:
Renee J. Jent, CLA
Alpena, MI
MISSISSIPPI
Mississippi Association of
Legal Assistants
http://www.mslawyer.
com/mala
President:
Dee Ann Haas, CLA
Jackson, MS
Liaison:
Jacqueline M. Watkins,
CLAS
Ridgeland, MS
University of Southern
Mississippi Society for
Paralegal Studies
President:
Trisha Trigg
Hattiesburg, MS
Faculty Advisor:
Gail Lucas, CLAS
Hattiesburg, MS
MISSOURI
PSI SIGMA CHI-Paralegal
Society of Springfield
College
Faculty Advisor:
Brian J. Wilson
Springfield, MO
St. Louis Association
of Legal Assistants
President:
Julie Moore
St. Louis, MO
Liaison:
Micki LaFerla, CLA
St. Louis, MO
MONTANA
Montana Association
of Legal Assistants
http://www.montana.com
/mala
President:
Deborah L. Ethridge, CLAS
Missoula, MT
Liaison:
Christine Shoopman
Missoula, MT
NEBRASKA
Nebraska Association
of Legal Assistants
http://www.neala.org
President:
Susan A. Alstadt, CLA
Omaha, NE
Liaison:
Susan A. Harding, CLA
Omaha, NE
NEVADA
Nevada Paralegal
Association
President:
Denise Harper
Las Vegas, NV
Liaison:
Crystal L. Matteson, CLAS
Las Vegas, NV
Sierra Nevada Association
of Paralegals
President:
Karen C. Biggs, CLAS
Reno, NV
Liaison:
Molly J. Fischer, CLA
Reno, NV
NEW JERSEY
Legal Assistants
Association of
New Jersey
http://www.laanj.org
President:
JoAnne Haffeman
Rutherford, NJ
Liaison:
Kathleen Bonelli, CLA
Ridgefield, NJ
NORTH CAROLINA
Metrolina Paralegal
Association
http://www.charlotte
areaparalegals.com
President:
Kathleen A. Morgoch
Charlotte, NC
Liaison:
Janice D. Linker, CLA
Charlotte, NC
North Carolina Paralegal
Association, Inc.
http://www.ncparalegal.
org
President:
Belinda T. Pruitt, CLAS
Burlington, NC
Liaison:
Sarah M. Hutchins, CLA
Research Triangle, NC
56
FACTS & FINDINGS / AUGUST 2003

&
NEWS INFORMATION
NORTH DAKOTA
Red River Valley
Legal Assistants
President:
Barbara A. Howard
West Fargo, ND
Liaison:
Kathleen A. Stradley, CLAS
Glyndon, MN
Western Dakota
Association of
Legal Assistants
http://www.wdala.org
President:
Laurie A. Guenther, CLAS
Bismarck, ND
Liaison:
Candy L. Pederson, CLAS
Bismarck, ND
OHIO
Toledo Association of
Legal Assistants
http://www.tala.org
President:
Evelyn D. Evans-Eck, CLAS
Toledo, OH
Liaison:
Ruthanne E. Chase, CLAS
Toledo, OH
OKLAHOMA
City College Legal
Association
Faculty Advisor:
Jack Moore
Norman, OK
Oklahoma Paralegal
Association
http://www.okparalegal.
org
President:
Kerri L. Herring, CLA
Enid, OK
Liaison:
Lennis D. Ailey, CLA
Ponca City, OK
TCC Student Association
of Legal Assistants
Faculty Advisor:
Sherry Taylor
Tulsa, OK
Tulsa Association
of Legal Assistants
http://www.tulsatala.org
President:
Ronald A. Stuart, CLA
Tulsa, OK
Liaison:
Beverly A. Boyd, CLA
Tulsa, OK
OREGON
Pacific Northwest
Legal Assistants
President:
Jana R. Bauman, CLA
Portland, OR
Liaison:
Dawnne L. Linenbrink,
CLAS
Eugene, OR
PENNSYLVANIA
Keystone Legal
Assistant Association
President:
Cindy J. Geib, CLAS
Mount Joy, PA
Liaison:
Jean Marie Rice, CLAS
Carlisle, PA
SOUTH CAROLINA
Charleston Association
of Legal Assistants
President:
Barbara E. Mills, CLA
Charleston, SC
Liaison:
Julianne Guzman
Mt. Pleasant, SC
Greenville Association
of Legal Assistants
President:
Dorothy L. Sizemore
Greenville, SC
Liaison:
Rebecca J. Maxson, CLAS
Greenville, SC
Tri-County
Paralegal Association
http://www.concentric.
net/~tcpa
President:
Andrea S. Tata, CLA
Charleston, SC
Liaison:
Patricia McCurdy
Mt. Pleasant, SC
SOUTH DAKOTA
National American
University Association
of Legal Assistants
Faculty Advisor:
Jennifer B. Utter
Rapid City, SD
South Dakota Paralegal
Association, Inc.
http://www.sdbar.org/
sdlaa
President:
Christine K. Lillo, CLAS
Sioux Falls, SD
Liaison:
Sheri Gross
Aberdeen, SD
TENNESSEE
Greater Memphis
Paralegal Alliance
http://www.memphis
paralegals.org
President:
Pamela Riddick Cobb, CLA
Memphis, TN
Liaison:
Ann Young
Memphis, TN
Tennessee Paralegal
Association
http://firms.findlaw.com/
TPA
President:
Ann S. Burns, CLAS
Jackson, TN
Liaison:
Jennifer H. Petty, CLA
Trenton, TN
TEXAS
Capital Area
Paralegal Association
http://www.capatx.org
President:
Rhonda K. Harshbarger,
CLA
Austin, TX
Liaison:
Ly T. Nguyen
Austin, TX
El Paso Association
of Legal Assistants
President:
Carol M. Sagaribay
El Paso, TX
Liaison:
Sharon A. Newson, CLA
El Paso, TX
Legal Assistant
Association/
Permian Basin
President:
Lee Bell Ulvestad, CLA
Midland, TX
Liaison:
Rhonda S. Ingram, CLA
Midland, TX
Legal Assistants of North
Texas Association
President:
Kim J. Cantu, CLA
Dallas, TX
Liaison:
Laurell D. Phillips
Dallas, TX
Northeast Texas
Association of
Legal Assistants
http://www.ntala.net
President:
Barbara J. Hensley,
PLS, CLA
Longview, TX
Liaison:
Kathy S. Hermes, CLA
Longview, TX
South Texas Organization
of Paralegals, Inc.
President:
Milton R. Grimm
San Antonio, TX
Liaison:
Charlene B. Carroll, CLA
San Antonio, TX
Southeast Texas
Association of
Legal Assistants
President:
Peggy J. Dean, CLA
Beaumont, TX
Liaison:
Lydia Edwards, CLA
Beaumont, TX
Texas Panhandle
Association of
Legal Assistants
President:
Carl E. Mueller, CLAS
Amarillo, TX
Liaison:
Mary Beth Alt, CLA
Amarillo, TX
Tyler Area Association
of Legal Assistants
President:
Sarah Connor
Tyler, TX
Liaison:
Lynda M. Barron, CLAS
Tyler, TX
West Texas Association
of Legal Assistants
President:
Connie Lawrence, CLA
Lubbock, TX
Liaison:
Vicki J. Hamblen, CLA
Lubbock, TX
UTAH
Legal Assistants
Association of Utah
President:
Diane Samudio, CLA
Provo, UT
Liaison:
Mary H. Black, CLA
Salt Lake City, UT
VIRGIN ISLANDS
Virgin Islands Association
of Legal Assistants
President:
Eloise M. Benjamin
St. Thomas, VI
Liaison:
Georgeann Peters
McNicholas, CLA
St. Thomas, VI
VIRGINIA
Richmond Association
of Legal Assistants
http://www.ralanet.org
President:
Ann Knobbe
Glen Allen, VA
Liaison:
Patricia C. Anderson, CLAS
Richmond, VA
Roanoke Valley
Paralegal Association:
President:
Stacy S. Devlin
Roanoke, VA
Liaison:
Kathy Ward
Roanoke, VA
Tidewater Paralegal
Association
President:
Betsy H. Blank, CLA
Norfolk, VA
Liaison:
Faith R. Sullivan, CLA
Portsmouth, VA
WISCONSIN
Madison Area Paralegal
Association
http://www.califex.com/
mapa/index.html
President:
Regina Reynolds
Madison, WI
Liaison:
Dera L. Johnsen
Madison, WI
WYOMING
Legal Assistants of
Wyoming
http://www.lawyo.com
President:
Kathi A. Bachert, CLA
Casper, WY
Liaison:
Debra B. Jennings, CLA
Casper, WY
FACTS & FINDINGS / AUGUST 2003 57

&
NEWS INFORMATION
New CLAs
March 2003 Examination
As of May 16, 2003
ALABAMA
Leonora West, PLS, CLA
Fort Rucker, AL
ARIZONA
Gail M. Dickerson, CLA
Tucson, AZ
Debra Ann Griffin, CLA
Phoenix, AZ
Louise C. Lassila, CLA
Phoenix, AZ
Melissa A. Phillips, CLA
Tucson, AZ
Daniel N. Squires, CLA
Mesa, AZ
Michele C. Turenne, CLA
Tucson, AZ
Deborah A. Ward, CLA
Tucson, AZ
ARKANSAS
Dawn D. Bradley, CLA
Little Rock, AR
Marilynn R. Curry, CLA
Springdale, AR
Ruth N. Motes, CLA
Springdale, AR
CALIFORNIA
Alanna V. Arroyo, CLA
Suisun City, CA
Hilary BlackStreeter, CLA
San Clemente, CA
Lisa M. Bride, CLA
Manhattan Beach, CA
Merrill R. Cannon, CLA
Poway, CA
Marianne K. Frost, CLA
San Diego, CA
Candy Holthouse, CLA
Campbell, CA
Margaret G. Kim, CLA
Santa Rosa, CA
Patricia M. Larrigan, CLA
Glendale, CA
Carol J. Miller, CLA
Irvine, CA
Jennifer M. Morgan, CLA
Irvine, CA
COLORADO
Andrea R. Hunter, CLA
Denver, CO
FLORIDA
Pamela M. Banker, CLA
Lake Worth, FL
Pamela M. Barr, CLA
Pensacola, FL
Jennifer L. Bishop, CLA
Port St. Lucie, FL
Myrtle F. Burrell, CLA
Orlando, FL
Lynn P. Conchado, CLA
S. Pasadena, FL
Joyce E. Dillard, CLA
Stuart, FL
Vanessa J. DiSimone, CLA
Altamonte Sprin, FL
Deana M. Duvall, CLA
Orlando, FL
Dawn Townsend Evans, CLA
Sarasota, FL
Christopher O. Fraga, CLA
Miami, FL
Shirley M. Gaier, CLA
Palm Bay, FL
Carol A. Gordon, CLA
Sarasota, FL
Ann M. Henry, CLA
Gibsonton, FL
Mary Elizabeth Jabiri, CLA
Clearwater, FL
Maureen Jaeger, CLA
Coral Springs, FL
Carol A. Jones, CLA
New Port Richey, FL
Keith Latek, CLA
Orlando, FL
Sandra S. Manning, CLA
Oldsmar, FL
Maria T. Maska, CLA
Pembroke Pines, FL
Bernice Maurer, CLA
Stuart, FL
Susan M. Merriam, CLA
Clearwater, FL
Nina T. Moore, CLA
Tampa, FL
Stacy C. Owen, CLA
Bradenton, FL
Janet D. Poklemba, CLA
Naples, FL
Theressa Ragsdale, CLA
Pensacola, FL
Tamara C. Redi, CLA
Hollywood, FL
Christa L. Sanches, CLA
Ft. Lauderdale, FL
Dorothy Sell, CLA
Boynton Beach, FL
Jennifer Buggs Smaoui,
CLA
N. Lauderdale, FL
Rebecca A. Soucy, CLA
Jacksonville, FL
Dina A. Spangler, CLA
Palm Harbor, FL
Holly M. Spence, CLA
Daytona Beach, FL
Kathryn F. Stahler, CLA
Bradenton, FL
Shannon R. Tanes, CLA
Largo, FL
Arlene J. Tibbetts, CLA
Largo, FL
Michelle Trepanier, CLA
Melbourne, FL
Nichole LL Waddell, CLA
Palm Beach Grad, FL
Tracey WestbrookTeagan,
CLA
Coconut Grove, FL
John D. Womack, CLA
Miami, FL
ILLINOIS
Rebekah E. Siebert, CLA
Sandwich, IL
INDIANA
Laura J. Harmon, CLA
Valpariso, IN
KANSAS
Leeann Dokken, CLA
Wichita, KS
Shannon D. Gillispie, CLA
Wichita, KS
Doris L. Hite, CLA
Wichita, KS
Carol J. Rankin, CLA
Wichita, KS
Shannon R. Robinson, CLA
Wichita, KS
Cassandra S. Tucker, CLA
Olathe, KS
Bruce A. Wittman, CLA
Lenexa, KS
KENTUCKY
Sara Ann Gamaper, CLA
Russellville, KY
LOUISIANA
Stephanie S. Roberts, CLA
Breaux Bridge, LA
MASSACHUSETTS
Melissa A. Quinn, CLA
West Roxbury, MA
MICHIGAN
Ricardo R. Alessio, CLA
Plymouth, MI
Heather A. Hill, CLA
Clinton Township, MI
Brenda M. Thomas, CLA
Eastpointe, MI
MINNESOTA
Amy Elizabeth Lievers, CLA
Shorewood, MN
MISSOURI
Peggy I. Piekarski, CLA
Fenton, MO
MONTANA
Kathleen G. Gowen, CLA
Helena, MT
NEBRASKA
Susan J. Lindhorst, CLA
Omaha, NE
NEW HAMPSHIRE
Edward P. Frechette, CLA
East Wakefield, NH
Shael B. Moyer, CLA
Portsmouth, NH
NEW JERSEY
Joy N. Eakley, CLA
Short Hills, NJ
Elaine F. Krakowski, CLA
Morris Plains, NJ
NEW MEXICO
Griselda P. Rodriguez, CLA
Roswell, NM
OKLAHOMA
Valerie J. Ellis, CLA
Tecumseh, OK
Sharlie E. Harris, CLA
Tulsa, OK
Anna E. Roller, CLA
Spencer, OK
Annette M. Stacy, CLA
Sand Springs, OK
Ami D. Steelman, CLA
Yukon, OK
Lynne Sullivan, CLA
Tulsa, OK
OREGON
Kristin K. Colligan, CLA
Beaverton, OR
PENNSYLVANIA
Connie L. Collins, CLA
West Chester, PA
Cynthia Ann Jantzer, CLA
Bellefonte, PA
Terri L. Rudy, CLA
Bellefonte, PA
Sue A. Spigler, CLA
Greencastle, PA
Gabriel J. Waddell, CLA
Carlisle, PA
SOUTH CAROLINA
Kelley G. Kelly, CLA
Mt. Pleasant, SC
SOUTH DAKOTA
Deana L. Olson, CLA
Tea, SD
TENNESSEE
Cynthia G. Blankenship,
CLA
Memphis, TN
Carla Denise Heaton, CLA
Knoxville, TN
Lynne E. Neeley, CLA
Nashville, TN
Courtney R. Shepherd, CLA
Kingsport, TN
Laurie M. Vairetta, CLA
Franklin, TN
TEXAS
Clara L. Buckland, CLA
El Paso, TX
Katherine Campbell, CLA
McKinney, TX
Marlene A. Campbell, CLA
Texarkana, TX
58
FACTS & FINDINGS / AUGUST 2003

&
NEWS INFORMATION
Alicia L. Castillo, CLA
Dallas, TX
Joseph Evans, CLA
Houston, TX
Elizabeth Gee, CLA
Kingwood, TX
Joy M. Herin, CLA
Webster, TX
WASHINGTON
Stephanie A. Brodin, CLA
Olympia, WA
Teresa A. Smith, CLA
Anderson Island, WA
WEST VIRGINIA
Valasha L. Sweetnich, CLA
Morgantown, WV
Corporate & Business
Law
Dominique A. Payton, CLAS
Royal Palm Beach, FL
Carol A. Ranck, CLAS
Tulsa, OK
Intellectual Property
Anthony T. Smith, CLAS
McKinney, TX
CLA
Deborah L. Lawrence, CLA
Houston, TX
Sally J. Lunday, CLA
Plano, TX
Heather L. McClure, CLA
Austin, TX
April L. Page, CLA
Dallas, TX
Diane R. Taylor, CLA
Carrollton, TX
Frances V. Trevino, CLA
Richmond, TX
Brenda J. Varner, CLA
Houston, TX
VIRGINIA
Evelyn M. Ankers, CLA
Newport News, VA
VIRGIN ISLANDS
Tricia Y. Motta, CLA
St. Croix, VI
NALA CLA
Specialists
March 2003 Examination
As of May 16, 2003
California Advanced
Specialist
Family Law
Angela L. Turner, CLA, CAS
Bakersfield, CA
Bankruptcy
Donna F. Derstine, CLAS
Riverside, CA
Civil Litigation
Colleen L. Besler, CLAS
Rapid City, SD
CLA Short Course Set
Sharon M. Kalmbach, CLAS
Palm Coast, FL
Catherine L. Stewart, CLAS
Charlotte, NC
Probate & Estate
Planning
Patricia Morris McMillan,
CLAS
Las Cruces, NM
Rosemary H. Williams,
CLAS
Chattanooga, TN
Real Estate
Annette R. Brown, CLAS
Missoula, MT
Vicki L. Darr, CLAS
Glendale, AZ
Joan A. Yingling, CLAS
Tucson, AZ
Gloria J. Gayhart, CLA
Circleville, OH
The Fall CLA Short Course will be presented October 23-25 at the Hilton
Jacksonville Riverfront hotel on the St. John’s River in Jacksonville, FL. This is the
only course set before the December 2003 and March 2004 CLA examinations.
The CLA Short Course has helped more than 3,000 legal assistants
prepare for the CLA examination, and satisfies continuing legal education
requirements for maintaining the CLA as well as being an excellent refresher
for veteran paralegals.
Coordinator of the October short course in Jacksonville is Kay Kasic,
CLA, Napa, CA. Topics and speakers are: The American Legal System, Civil
Litigation, and Administrative Law—Karen Sanders-West, CLAS, Wichita,
KS; Judgment and Analytical Ability, Legal Research, and Communications—
all by Virginia Koerselman, Esq, Waterloo, NE; Contracts and Real Property—
John W. and Karen M. Dunn, CLAS, Vail, CO.
Sessions in Business Organizations, and in Estates and Trusts will be copresented
by Connie Kretchmer, CLAS, Omaha, NE, and Virginia Koerselman.
Registration for the CLA Short Course is $340 for NALA members, $365
for members of the California Alliance of Paralegal Associations, and $390 for
non-members. Details and registration forms are available from NALA
Headquarters, and on the Internet at www.nala.org.
All The
Best
Filing: October 1, 2003
January 15, 2004
May 15, 2004
Exam: December 5-6, 2003
March 26-27, 2004
July 23-24, 2004
Now celebrating its 28th anniversary, the CLA means
business. Good business. Stability. Consistency.
Flexibility. Growth. Commitment and dedication.
A strong foundation based on 28 years of research
and technical analysis.
Access to advanced credentials in specialty areas of practice on
the federal level and advanced credentials in the state
laws. Over 11,000 have received this professional
credential...and almost 1,000 have received advanced
specialty certification...
An important tool in the management of one’s career...
National Association of Legal Assistants
1516 S. Boston, Suite 200, Tulsa, OK 74119
918-587-6828 FAX 918-582-6772
www.nala.org
FACTS & FINDINGS / AUGUST 2003 59

NALA
Official Roster
2003-2004
Fiscal Year
As of July 18, 2003
NALA Board
of Directors
President
Vicki J. Kunz, CLAS,
MDU Resources Group, Inc.
918 E. Divide Avenue
P. O. Box 5650
Bismarck, ND 58506
701-222-7644
FAX: 701-222-7683
Vicki.Kunz
@mduresources.com
First Vice President
Debra J. Monke, CLAS
State Farm Insurance
Companies
One State Farm Plaza, A-3
Bloomington, IL 61710
309-766-2912
FAX: 309-766-1919
Deb.Monke.GIIA
@Statefarm.Com
Second Vice President
Tita A. Brewster, CLA
Dechert Law Firm
975 Page Mill Road
Palo Alto, CA 94304
650-813-4882
tita.brewster
@dechert.com
Secretary
Linda J. Wolf, CLAS
Sidley Austin Brown
& Wood
717 N. Harwood, Ste. 3400
Dallas, TX 75201
214-981-3342
FAX: 214-981-3400
lwolf@sidley.com
Treasurer
Karen Greer McGee, CLAS
Second Circuit Court
of Appeal
430 Fannin Street
Shreveport, LA 71101
318-227-3703
FAX: 318-227-3735
kmcgee
@lasccoa.state.la.us
Executive
Committee Members
Charlsye J. Smith, CLAS
Texas Tech University
Technical Communications
& Rhetoric
Department of English
Charlsye.Smith@ttu.edu
Sharon A. Werner, CLA
Masco Corporation
21001 Van Born Road
Taylor, MI 48180
313-792-6437
FAX: 313-792-6430
sharon_werner
@mascohq.com
Certifying Board Chair
Dawnne L. Linenbrink, CLAS
Muhlheim Boyd & Carroll
88 East Broadway
Eugene, OR 97401
541-868-8005
FAX: 541-868-8004
linen@mbclawoffice.com
&
NEWS INFORMATION
Chair, Continuing
Education Council
(Official Publications)
Candy L. Pederson, CLAS
U.S. Attorney’s Office
P.O. Box 699
Bismarck, ND 58502-0699
701-530-2449
FAX: 701-530-2421
cpederson_99@yahoo.com
Affiliated Associations
Director
Melissa A. (Lisa) Vander
Weide, CLAS
Broad & Cassel
390 N. Orange Ave., Ste. 1100
PO Box 4961
Orlando, FL 32802-4961
407-839-4200
FAX: 407-650-0961
lvanderweide
@broadandcassel.com
Chair, Professional
Development Committee
Michael K. Gaige, CLA
Daniel G. Lilley
Law Offices
39 Portland Pier
P.O. Box 4803
Portland, OR 04112-4803
207-774-6206
FAX: 207-774-2257
mgaige@danlilley.com
Region I Director
Kimberly J. Houser, CLA
Capital Blue Cross
2200 Elmerton Avenue
P.O. Box 772132
Harrisburg, PA 17177
717-541-7331
FAX: 717-526-3064
Kimberly.Houser
@capbluecross.com
Region II Director
Sharon G. Robertson, CLAS
North Carolina Prisoner
Legal Services
P.O. Box 130
Linville Falls, NC 28647
828-765-8897
FAX: 828-765-0617
sharonr@hci.net
Region III Director
Olivia (Libby) Roleson, CLAS
Stokes, Bartholomew,
Evans & Petree
1000 Ridgeway Loop Rd., #200
Memphis, TN 38120
901-521-4575
FAX: 901-521-0681
lroleson@stokes
bartholomew.com
Region IV Director
Cassandra Oliver, CLA
The Williams Companies
One Williams Ctr, Ste 4100
PO Box 2400, MD 41-3
Tulsa, OK 74102
918-573-6650
FAX: 918-573-4195
cassandra.oliver
@williams.com
Region V Director
Kelly A. LaGrave, CLAS
Foster, Swift, Collins
& Smith
313 S. Washington Sq.
Lansing, MI 48933-2193
517-371-8287
FAX: 517-367-7387
klagrave
@fosterswift.com
Region VI Director
Ann L. Atkinson, CLA
Kutak Rock
1650 Farnam
Omaha, NE 68102
402-346-6000
FAX: 402-346-1148
ann.atkinson
@kutakrock.com
Region VII Director
Michele D. Doyle, CLA
Teton County School
District #1
P.O. Box 1971
Jackson, WY 83001
307-733-2704
FAX: 307-733-6443
wdoyle@wyoming.com
Region VIII Director
Christine E. Porter, CLA
Jeffrey Foote
& Associates
1515 SW 5th Street,
Suite 808
Portland, OR 97201
503-228-1133
FAX: 503-228-1556
cporter@footelaw.com
Region IX Director
Kathleen H. Miller,
CLA, CAS
Rutan & Tucker
611 Anton Blvd., #1400
Costa Mesa, CA 92626
714-662-4625
FAX: 714-546-9035
khmillerclacas@aol.com
Includes:
ALASKA
NALA REGIONS
Includes:
BRAZIL
ENGLAND
ONTARIO
Includes:
BAHRAIN
GUAM
HAWAII
SINGAPORE
TAIWAN
NEW ZEALAND
Includes:
PUERTO RICO
VIRGIN ISLANDS
60
FACTS & FINDINGS / AUGUST 2003