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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 />

Connection<br />

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