Entire Issue - National Association of Legal Assistants
Entire Issue - National Association of Legal Assistants
Entire Issue - National Association of Legal Assistants
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y the United States Bankruptcy Court, W.D. Tennessee, E.D.<br />
In In Re Kincaid, 146 B.R. 387 (Bkrtcy.W.D.Tenn. 1992), the<br />
court concluded:<br />
Accordingly, the Court further concludes in the<br />
instant case that the non-lawyer employee or representative<br />
<strong>of</strong> the bank, a corporate-creditor, may appear<br />
on behalf <strong>of</strong> the bank and question the debtor at the<br />
meeting. It would be inappropriate to statutorily<br />
invite corporate-creditors to attend a non-adjudicative<br />
meeting <strong>of</strong> creditors and once there, inform them that<br />
they must hire a lawyer as a precondition to asking the<br />
debtor, for example, where the bank’s collateral is<br />
located.<br />
Did Ms. Doe act properly? Of course.<br />
• She was properly introduced as a paralegal.<br />
• The supervising attorney had direct contact with the client.<br />
• She reminded opposing counsel that she was a paralegal and<br />
could not negotiate.<br />
And, it could go without saying that the supervising<br />
attorney maintained responsibility for her work. Withdrawing<br />
from future matters with which this debtor’s attorney is<br />
involved wasn’t just the only option available—it was the right<br />
thing to do.<br />
Libby Roleson, CLAS is a<br />
paralegal with the Memphis, TN<br />
<strong>of</strong>fice <strong>of</strong> Stokes Bartholomew<br />
Evans & Petree. She is a two-term<br />
past president <strong>of</strong> Greater<br />
Memphis Paralegal Alliance,<br />
served as GMPA’s CLA Study<br />
Group Chair from 1995 through<br />
2002, and currently serves as<br />
NALA’s Ethics Chair.<br />
lroleson@stokesbartholomew.com<br />
F&<br />
F<br />
Make theRight<br />
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