THE EVOLVING PARALEGAL – FROM CERTIFICATE TO CERTIFICATION

1. THE EVOLVING PARALEGAL – FROM CERTIFICATE TO CERTIFICATION K. Paezle´ Harris, RP, CLA Georgia Association of Paralegals PACE AMBASSADOR

2. PARALEGALS - WHO ARE WE? • PERCEPTION – Your definition • ABA’s definition • NFPA’s definition

3. PERCEPTION…..Who do you think you are?

4. ABA Paralegal definition • "A legal assistant or paralegal is a person, qualified by education, training or work experience who is employed or retained by a lawyer, law office, corporation, governmental agency or other entity and who performs specifically delegated substantive legal work for which a lawyer is responsible"

5. NFPA Paralegal Definition • … Paralegal is a person, qualified through education, training or work experience to perform substantive legal work that requires knowledge of legal concepts and is customarily, but not exclusively, performed by a lawyer. This person may be retained or employed by a lawyer, law office, governmental agency or other entity or may be authorized by administrative, statutory or court authority to perform this work. Substantive shall mean work requiring recognition, evaluation, organization, analysis, and communication of relevant facts and legal concepts.

6. To advance the paralegal profession FOR VALIDATION RESPONSIBILITY & TRUST RECOGNITION COMPENSATION PARALEGALS – WHAT DO WE WANT and WHY DO WE WANT IT?

7. HOW DO WE GET WANT WE WANT? • EDUCATION • TRAINING • WORK EXPERIENCE • CERTIFICATION

8. PACE – PARALEGAL ADVANCED COMPENTENCY EXAM • What is the exam? • Who can take the exam? • How do you take the exam? • Why take the exam? • What happens after you take the exam?

9. What? • An exam that tests the competency level of experienced paralegals.

10. Who? Requirements are: • An associates degree in paralegal studies obtained from an institutionally accredited school, and/or ABA approved paralegal education program; and six (6) years substantive paralegal experience; OR • A bachelor's degree in any course of study obtained from an institutionally accredited school and three (3) years of substantive paralegal experience; OR • A bachelor's degree and completion of a paralegal program with an institutionally accredited school, said paralegal program may be embodied in a bachelor's degree; and two (2) years substantive paralegal experience; OR • Four (4) years substantive paralegal experience on or before December 31, 2000.

11. How? • To register to take the exam send the application fee of $25.00 to NFPA.. The Candidates Handbook includes an application, information on exam content, sample exam questions, and logistical information on taking the exam. • The examination fee is $225. Once the application has been approved, the exam must be taken within 90 days. • PACE is a four-hour, computer-generated test and is offered at more than 200 Sylvan Technology Centers a/k/a Prometric throughout the country. Once approved, each applicant can schedule the date and time to take the test at his or her convenience on any day except Sundays and holidays. Please note: not all Sylvan Learning Centers are Technology Centers. PACE Certificates are sent to all passing applicants after scoring runs are obtained from PES in June and January, pursuant to contractual agreements. • Candidates living outside the United States can also take the exam at Prometric facilities in Canada, Guam, the US Virgin Islands and Puerto Rico.

12. Why? • provides a fair evaluation of the competencies of paralegals across practice areas; and • creates a professional level of expertise by which all paralegals can be evaluated.

13. The After Party…. • To advance the paralegal profession • FOR VALIDATION • RESPONSIBILITY & TRUST • RECOGNITION • COMPENSATION

14. ANY TAKERS?

15. ARE YOU SMARTER THAN A JD? CALLING ALL FUTURE RPs!! K. Paezle´ Harris, RP, CLA Georgia Association of Paralegals PACE AMBASSADOR

16. RULES • FUTURE RPs • LIFE LINES – Current RPs

17. THIS LINK ICON ABOVE ATUTOMATICALLY SHOWS A FILED CALLED GA RPS.PPT. THE LINKED FILE IS SET TO “LOOP”

18. Question 1: •  Unless a response is served within the prescribed period of time, the statements contained in a request for admissions are:        a.     deemed to be admitted.        b.     open for interpretation.        c.     noted as objected to.        d.     listed as pending future filings.

19. ANSWER : A – DEEDMED TO BE ADMITTED. SIT DOWN IF YOU DON’T’ HAVE A. • In actions involving land, the location of the land determines the:        a.     jurisdiction.        b.     type of action.        c.     amount in controversy.        d.     proper venue.

20. ANSWER : D– PROPER VENUE •   Before running a conflicts check, a paralegal would need to know all of the following except the:        a.     names of former clients of the firm.        b.     principals and subsidiaries of the firm’s current clients.        c.     name of the prospective client.        d.     legal issue involved.

21. ANSWER : D– LEGAL ISSUE INVOLVED •  An active file is one that:        a.     has been referred and forwarded to other counsel.        b.     is kept in the lawyer’s office.        c.     has not been resolved and requires further action.        d.     has been retrieved from storage.

22. ANSWER : C– HAS NOT BEEN RESOLVED AND REQUIRES FURTHER ACTION • How long must records of a client’s Small Business Administration loan be retained?        a.     For 10 years after initial closing of the loan        b.     Until the corporate charter expires        c.     For 6 years following the final disposition of the loan        d.     Like federal tax returns, for 7 years

23. ANSWER : C– For 6 years following the final disposition of the loan. • Which of the following laws enables paralegals to obtain public information from a government agency?        a.     The Public Act of 1965.        b.     The Privacy Act.        c.     U.S. Congressional Act.        d.     The Freedom of Information Act.

24. ANSWER : D – The Freedom of Information Act •  Which of the following tasks would constitute the unauthorized practice of law for a paralegal?        a.     Accepting assignments directly from the firm’s clients        b.     Conducting client interviews        c.     Corresponding with the lawyer for the opposition        d.     Briefing a case for the trial notebook

25. ANSWER : A – Accepting assignments directly from the firm’s clients • Which of the following is not an element of a contract?        a.     Offer          b.     Acceptance        c.     Consideration        d.     Notarization

26. ANSWER : D - Notarization • Paralegals may participate in handling which of the following issues?        a.     Settlement authority in personal injury litigation        b.     Settlement of proofs of claim in bankruptcy litigation        c.     Settlement of jurisdictional issues in multidistrict litigation        d.     Settlement management in class action litigation

27. ANSWER : D – Settlement management in class action litigation •  Articles of organization are prepared in order to create a:        a.     registered limited liability partnership.        b.     limited liability company.        c.     close corporation.        d.     professional corporation.

28. ANSWER : B – limited liability company • Tie breaker •  Which of the following is an accurate statement about negligence?        a.     Breach of duty is based on what a reasonable person would have done        b.     The plaintiff must prove duty, breach of duty, causation, damages and lack of contributory negligence        c.     It is one of four major categories of torts, along with intentional torts, malpractice and strict liability        d.     Even when violation of a statute has occurred, the plaintiff has to produce evidence to prove duty

29. ANSWER : A - Breach of duty is based on what a reasonable person would have done •  If a law firm practices in more than one jurisdiction, the computerized tickler system may have to be modified to accommodate:        a.     additional motion numbers.        b.     different statutes of limitations.        c.     clerks of several courts.        d.     a larger defendant address field.

30.   b.     different statutes of limitations • ABA Model Rules of Professional Conduct allow a lawyer to reveal confidential information under the following instances, with the exception of :         a.     upon the death of the client;        b.     in defense of accusation of criminal conduct;        c.     in prevention of a crime;        d.     in defense of accusation of unethical conduct.

31.  a.     upon the death of the client; • A corporation or partnership seeking bankruptcy is most likely to file:        a.     Chapter 7;        b.     Chapter 11;        c.     Chapter 12;        d.     Chapter 13.

32.  b.     Chapter 11; •  A large document production is scheduled for a Wednesday. On the preceding Monday, the paralegal is pressed into creating exhibits for the trial the same day.  The paralegal should:        a.     reschedule the appointment to review documents.        b.     try to juggle both deadlines.        c.     request trial continuance.        d.     delegate document production to the document or case clerk.

33.  a.     reschedule the appointment to review documents. • What is attorney work product?        a.     Financial statements prepared in the ordinary course of business before litigation.        b.     Deposition transcripts and witness reports that the lawyer has prepared based on investigation.        c.     Ideas and opinions of any agent of the client’s insurance company.        d.     Mental impressions, conclusions, opinions, or legal theories of a lawyer concerning the litigation.

34. d.     Mental impressions, conclusions, opinions, or legal theories of a lawyer concerning the litigation. • A client complaint in which damages exceed $75,000 and the defendants reside in two different states.  The lawyer asks paralegal to docket the date the answer must be filed.  Which of the following source should be used?        a.     United States Code Annotated (USCA).        b.     Prosser on Torts.        c.     Martindale-Hubbell.        d.     Federal Rules of Civil Procedure.

35.   d.     Federal Rules of Civil Procedure. • A paralegal called to the witness stand and questioned or examined concerning client communications can refuse to answer on what grounds?        a.     Conflict of interest        b.     Attorney-client privilege        c.     Professional judgment        d.     Work product doctrine

36. b.     Attorney-client privilege • Which of the following most accurately describes the intellectual property known as a trademark?        a.     Information of value to a business which that business has taken steps to protect as a secret        b.     A grant by the Federal Government providing an inventor with the exclusive right to make, use, and sell a device or process        c.     A word, name, symbol, device, or combination of these adopted and used by a manufacturer or merchant to identify its goodsd.      Protection given literary, artistic or other works to prevent unauthorized duplication

37. c.     A word, name, symbol, device, or combination of these adopted and used by a manufacturer or merchant to identify its goods • To determine whether a videotaped deposition would be worthwhile in providing demonstrative evidence at trial of a client’s physical injury, the applicable reference would be:        a.     hearsay depositions.        b.     traffic court transcripts.        c.     “a day in the life” video.        d.     sworn witness statements.

38.  c.     “a day in the life” video. • Pursuant to the Federal Rules of Civil Procedure, which of the following individuals may serve a summons?        a.     The clerk of the court in which the summons was filed.        b.     Any person over 18 who is not a party to the suit.        c.     Any person over 21 years of age.        d.     The plaintiff or defendant.

39. b.     Any person over 18 who is not a party to the suit. • The basis of effective negotiation is:        a.     marshalling persuasive facts on behalf of the client.        b.     making a good judgment on the initial settlement offer.        c.     writing a good settlement agreement.        d.     applying sound nonverbal communication skills.

40.  a.     marshalling persuasive facts on behalf of the client. • A warranty deed is binding on both the transferor and the transferee when it is:        a.     recorded in the county where the property is located.        b.     executed by the transferor.        c.     prepared and issued by the title company.        d.     notarized by a notary public residing in the county.

41. d.     notarized by a notary public residing in the county. • Which of the following citations refers to a secondary source?        a.     11 C.F.R (sc100.3(1982)        b.     38 Am.Jur 2d Guaranty (sc 14 at 1010 (1968)        c.     State v. Yoda, 49 Wis. 2nd 430 (1971)        d.     In re Jackson, 348 F. Supp. 954 (M.D. Pa. 1972)

42.    b.     38 Am.Jur 2d Guaranty (sc 14 at 1010 (1968) • IF MORE THAN 1 PERSON IS STILL STANDING, EACH PERSON SHOULD PICK A LIFELINE (S) FROM THOSE NO LONGER STANDING. • YOU WILL BE ON TEAMS ATTEMPTING TO HELP YOUR TEAM MEMBER WIN. • YOU WILL BE GIVEN A DEFINITION. THE FIRST PERSON TO GIVE THE CORRECT ANSWER GETS A POINT. THERE WILL BE 5 QUESTIONS.

43. QUESTIONS??!! • CONTACT Paezle´ Harris pace@gaparalegal.org if you want to : • 1. take the exam!! • 2. form a study group!!

44. Requirements are: • An associates degree in paralegal studies obtained from an institutionally accredited school, and/or ABA approved paralegal education program; and six (6) years substantive paralegal experience; OR • A bachelor's degree in any course of study obtained from an institutionally accredited school and three (3) years of substantive paralegal experience; OR • A bachelor's degree and completion of a paralegal program with an institutionally accredited school, said paralegal program may be embodied in a bachelor's degree; and two (2) years substantive paralegal experience; OR • Four (4) years substantive paralegal experience on or before December 31, 2000.