SETAP is an affiliate of the National Association of Legal Assistants President’s Message A Bimonthly Publication September - October Issue 2016 Southeast Texas Association of Paralegals Lex Amicus Newsletter Lex Amicus Newsletter MISSION STATEMENT The Southeast Texas Association of Paralegals is a nonprofit organization of paralegals committed to establishing good fellowship among association members and members of the legal community, encouraging a high order of ethical and professional attainment, and furthering education among members of the profession. 2016-2017 SETAP OFFICERS President Angie Laird, ACP, TBLS-BCP President-Elect Julie Hanna 1st Vice President Marissa Paltz 2nd Vice President Danielle Williams, CP Secretary Alexis Pace Treasurer Myrna Haynie NALA Liaison Melissa LeJeune Executive Advisor Mary Beth Jones, CP Parliamentarian Lorilyn Huckaby, ACP, TBLS-BCP Inside this issue: 2016-2017 Standing Committees 2 Featured Articles 12-13 SETAP Membership/Renewal Information 2 District Clerk Announcements 13-14 SETAP’s New Members 3 SETAP CLE Speaker Meeting 15 Paralegal Tip 4 Texas Paralegal Day 16-18 SETAP Birthdays 5 Note Board 19 SETAP Volunteers for Veterans 6 Treasurer’s Reports 30-31 In Memoriam 7-9 Just for Fun 33 Teen Court 10-11 SETAP Calendar 34 I hope everyone had a great holiday weekend celebrating Labor Day with family and friends. I can’t believe September is already here. Where did the summer go? Vacations are ending, students are back to school, and in a couple of weeks the fall season will officially begin. As everyone is getting back in the “routine”, SETAP is also getting back into the swing of things and preparing for its first CLE speaker meeting scheduled for September 15, 2016 . You will probably see some new faces presenting at some of our CLE sessions this year that I hope you will enjoy. If there is someone you would like to hear speak or a topic you would like us to present, please let me know and we will try our very best to make it happen. October 20, 2016 is our annual Paralegal Day Luncheon and our board of directors are hard at work planning a celebration we hope you will enjoy. When you receive the official invitation please keep in mind that this luncheon is not just for SETAP members, your colleagues and co-workers are also welcome to attend so please extend the invitation! Hope to see you on September 15th!
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SETAP is an affiliate of the National Association of
Legal Assistants
President’s Message
A Bimonthly Publication September - October Issue 2016
Southeast Texas Association of Paralegals
Lex Amicus NewsletterLex Amicus Newsletter
MISSION STATEMENT The Southeast Texas Association of Paralegals is a nonprofit organization of paralegals committed to establishing good fellowship among association members and members
of the legal community, encouraging a high order of ethical and professional attainment, and furthering education among members of the profession.
2016-2017
SETAP OFFICERS
President Angie Laird,
ACP, TBLS-BCP
President-Elect
Julie Hanna
1st Vice President
Marissa Paltz
2nd Vice President Danielle Williams, CP
Secretary Alexis Pace
Treasurer
Myrna Haynie
NALA Liaison Melissa LeJeune
Executive Advisor Mary Beth Jones, CP
Parliamentarian Lorilyn Huckaby,
ACP, TBLS-BCP
Inside this issue:
2016-2017 Standing Committees 2 Featured Articles 12-13
SETAP Membership/Renewal Information 2 District Clerk Announcements 13-14
SETAP’s New Members 3 SETAP CLE Speaker Meeting 15
Paralegal Tip 4 Texas Paralegal Day 16-18
SETAP Birthdays 5 Note Board 19
SETAP Volunteers for Veterans 6 Treasurer’s Reports 30-31
In Memoriam 7-9 Just for Fun 33
Teen Court 10-11 SETAP Calendar 34
I hope everyone had a great holiday weekend celebrating Labor Day with
family and friends. I can’t believe September is already here. Where did the
summer go? Vacations are ending, students are back to school, and in a couple
of weeks the fall season will officially begin. As everyone is getting back in
the “routine”, SETAP is also getting back into the swing of things and preparing
for its first CLE speaker meeting scheduled for September 15, 2016 . You will
probably see some new faces presenting at some of our CLE sessions this year
that I hope you will enjoy. If there is someone you would like to hear speak or
a topic you would like us to present, please let me know and we will try our
very best to make it happen. October 20, 2016 is our annual Paralegal Day
Luncheon and our board of directors are hard at work planning a celebration
we hope you will enjoy. When you receive the official invitation please keep
in mind that this luncheon is not just for SETAP members, your colleagues and
co-workers are also welcome to attend so please extend the invitation! Hope
You can help grow and improve our organization. Encourage your colleagues and friends to join SETAP. Membership benefits include:
CLE approved programs and seminars. Four free CLE speaker meetings per year with lunch included. Discounts to SETAP seminars. Access to SETAP’s Job Bank. Subscription to SETAP’s bimonthly newsletter, Lex Amicus. Scholarship opportunities. Volunteer opportunities. Networking opportunities. Professional recognition. Community involvement. Leadership opportunities.
Membership Levels: Active Voting Member ($45.00), Associate Member ($35.00), Student Member ($15.00), Sustaining Member ($100.00). Click here for an application.
The fee is $10.00 for non-members and free for SETAP members. Checks are to be made payable to SETAP.
Microsoft Excel: How to Type Ampersands (&) in Headers and Footers
When you type an ampersand (&) into a header or footer of an Excel document and then print it, you’ll find that it disappears, leaving you with an undesired result. AT&T becomes ATT. A&W becomes AW. Basically, Excel reads an ampersand as a marker that indicates that a special formatting code is to follow. There’s a simple trick you can use to type & into your header or footer. You just need to create the header as you would normally, and when you type the text in, type two ampersands. (e.g. AT&&T, A&&W, H&&R Block). You get the idea. You’re welcome!
The paralegal community lost a dear friend and colleague on July 30, 2016. Holly Smith Huckabee was one of the passengers in the hot air balloon crash in Lockhart, Texas. She contributed greatly to the paralegal profession, her faith and her community. Holly was a very active member of the Paralegal Division of the State Bar of Texas and the Houston Metropolitan Paralegal Association. She was the very definition of a committed, unifying leader. She was a passionate advocate for pro bono and community service initiatives and always, always stood for the professional advancement of the paralegal profession. As Co-Director of District 1, Paralegal Division, she gave tirelessly of herself to insure that all paralegals received the educational, networking and professional resources they needed. Holly was also a founding member of The River United Methodist Church in Richmond, Texas. Our thoughts and prayers are with her family and her work family at John K. Grubb & Associates. She will be greatly missed by many. Holly was 50 years old and leaves behind a son, a daughter and two grandsons.
1966—2016
Holly Smith Huckabee
Page 8 September - October Issue 2016
Norman Anthony Desmarais Jr., passed away on August 15, 2016 at the age of
66. “Norm” as he was known to many, was a local attorney who graduated in
1996 from the South Texas College of Law (now known as the Houston College
of Law). He was a solo practitioner who officed in Nederland, Texas and
specialized in criminal law, family law, juvenile law, and wills, trusts and
probate. His reputation in the legal community was excellent and he
represented his clients with zeal. Those who knew him will say that he was a
very nice man with a unique sense of humor and a distinctive laugh. His
children commented that their Dad always wanted to be a donor (not surprising
because he was always wanting to help people). Life Share recently contacted
the family to let them know that Norm was able to donate and save 50+ people!
What an amazing legacy for his family. Norm will be greatly missed. On behalf
of SETAP, we send our condolences to his family, friends and colleagues.
Norman Anthony “Norm” Desmarais, Jr.
1950—2016
Page 9 September - October Issue 2016
Robert "Bob" King Monk
March 22, 1957 - August 27, 2016
Robert King Monk (“Bob”) lived in Port Neches and passed away Saturday, August 27, 2016 at home with LaRee and Elissa, his wife and daughter. Bob attended Lamar University and The University of Texas at Austin as an undergraduate and Baylor University School of Law. Bob worked as a lawyer that represented the little guy. He was, as he often said, a “street lawyer” and by that he meant he would help people whether they could afford to pay up front or not. Bob took great pride in leveling the playing field by advocating for the meek and against those that might use their immense resources to otherwise bully their way through the justice system. Bob was active in his Church and those that knew him knew that he would do anything for anyone at his own expense, and he always did it out of joy because he loved them. Bob had many friends and he will be greatly missed. Bob was preceded in death by his parents and son, Oliver Monk, with whom he was united joyfully upon his passing. Bob is survived by his wife LaRee Monk and daughter Elissa Monk as well as his sister Debbie Monk Hebert and brothers Steve Monk and Michael Monk. SETAP wishes to extend its sincerest condolences to the family.
In Loving Memory
September - October Issue 2016 Page 10
T he Evelyn M. Lord Teen Court began in September of 1992 as a joint effort between the Jefferson
County Young Lawyers Association and the City of Beaumont. This alternative sentencing program for
juvenile offenders was an outcome of the community meeting held in January 1992 as citizens gathered
to address the growing problem of gang and youth violence under the leadership of Beaumont Mayor Evelyn
Lord. The success of Teen Court is a result of the cooperative efforts between several entities: Judge Lupe
Flores (then Chief Magistrate Municipal Court), Winnie Kocot (then Municipal Court Administrator), Jefferson
County Young Lawyers Association, Jefferson County Juvenile Probation Department, and the Mayor’s Youth
Commission. The initial efforts of each person/group enabled the Beaumont Teen Court program to receive
state and national awards from the Texas and American Bar Association. Teen Court is a volunteer program for Class C misdemeanor criminal offenses. It provides first-time juvenile
offenders age 10-16 an alternative to the adult criminal justice system. To participate, a first-time offender
must first make an initial appearance in open court with their parent or guardian and enter a plea of guilty or
no contest to the charge. The juvenile must then pay a one-time fee of $20.00. Thereafter, the juvenile
offender then appears at a Teen Court session before a jury of teen peers and is offered an opportunity to
make restitution for the offense through community service, Teen Court participation, by writing an essay
and/or apology letter, and other appropriate punishments ordered by the teen jury. After successfully
completing the ordered sanctions, the charge against the juvenile is dismissed and no conviction of guilt is
entered on the juvenile’s permanent criminal record. Teen Court sessions are held monthly on Tuesday evenings
at the Beaumont Municipal Courthouse. The success of the Evelyn M. Lord Teen Court program is due to the overwhelming
response of volunteers from within the Beaumont community who graciously give their
time and talent. Area high schools publicize the need for teen volunteers to serve as
attorneys and jurors. The Southeast Texas Association of Paralegals provides court
clerks. The Jefferson County Young Lawyers Association provides attorneys to serve
as Judges and to also assist the teen prosecutors and teen defense attorneys. A
Beaumont police officer also gives his/her time to serve as bailiff during teen court
sessions. Beaumont is proud of its community for the ongoing support of time given by so many
volunteers. It is inspiring to see people come together to support the education of our
youth as we encourage them to accept responsibility for their choices and the
consequences that follow.
Angie F. Laird, ACP, TBLS-BCP
September - October Issue 2016 Page 11
Class 1- Includes, but not limited to: 1) Littering; 2) Remaining in park after closing
3 – 5 units of community service Essay Jury Term Star Program
Class 2- Includes, but not limited to: 1) Anti-noise violations; 2 Disorderly conduct – Fighting other than school premises
4 – 6 units of community service Essay Jury Term Star Program
Class 3- Includes, but not limited to: 1) Disorderly conduct: Abuse-Threat; assault-Threat; Fighting on school premises; language; 2) Disruption school class; 3) Gamb 4) Obsence display / distribution; 5) Public order violations; 6) Trespass on school property
5 – 7 units of community service Essay Jury Term Star Program
Class 4- Includes but not limited to: 1) Criminal mischief under $50.00 2) Curfew 3) Failure to identify 4) Theft under $50.00 5) Possession – drug paraphernalia
6 – 8 units community service Essay Jury Term Star Program
The Training Session for the 2016-2017 term will be held on September 13, 2016 at 5:15 p.m. at the Beaumont Municipal Court in Courtroom 1. Please consider attending
this training session and orientation. The training session gives you a chance to meet the
court personnel as well as the teen volunteers. There will also be a short docket. If you
have any questions about Teen Court, please contact your Teen Court Coordinator, Sandra
few months ago, an emeritus member of the Division who is
now attending law school contacted me to discuss a statement her professor had made in her Professional Responsibility class. The professor gave the class a hypothetical situation wherein a paralegal interviewed a new client and completed the intake process, but calendared the statute of limitations deadline incorrectly based on an incorrect accident date provided by the client. The incorrect calendaring of the accident date caused the lawsuit to be filed too late. The question for the class was whether the attorney could be sued for malpractice. Of course, the answer was that the attorney certainly could be sued for malpractice, but the PD member questioned whether the attorney-client relationship ever existed. In the hypothetical situation, there was no mention of the attorney ever speaking with the client or accepting the case. The professor stated that the paralegal could accept the case because the paralegal is acting as the agent of the attorney. As an experienced paralegal, the PD member was confused about her professor’s statement and hoped I could help her understand the basis for her professor’s assertion.
Agent: One who agrees and is authorized to act on behalf of another, a principal, to legally bind an individual in particular business transactions with third parties pursuant to an agency relationship.
(West’s Encyclopedia of Amercan Law, edition 2. (2008).)
As the definition above states, an agent may make legal commitments and agreements for the principal. However, rules 5.03, 5.04, and 5.05 of the Texas Disciplinary Rules of Professional Conduct do not refer to non-attorney staff ever being agents for attorneys, although the rules do emphasize that attorneys have a duty to supervise non-attorney staff, including paralegals. Further, the State Bar’s definition of a paralegal and the associated guidelines, as well as the PD ethics cannons, make it clear that paralegals may never serve as agents for attorneys in legal matters.
In the hypothetical situation presented to the law class, an attorney could be sued for malpractice if the paralegal incorrectly calendars a deadline, since attorneys must directly supervise paralegals. However, if the attorney had not yet met with the client and agreed to take the case, then there should have been some sort of form for the potential client to sign making clear that the intake interview did not establish an attorney-client relationship, and the attorney had not yet agreed to take the case. In that situation, while the attorney still might have been sued for malpractice, a potential defense would be that no attorney-client relationship existed. Of course, the date of the accident should have been verified by the paralegal by checking the police report or another source so the deadline for filing could
have been accurately entered into the calendaring system.
While many attorneys are under the mistaken impression that paralegals may sign pleadings and perform other actions that only an attorney may do, perhaps some of them, like this law professor, believe that paralegals may act as agents for attorneys. Unfortunately, it is unclear where they have obtained that false information.
One of our professional responsibilities as paralegals is to educate the public and attorneys regarding the limits of the duties we may perform. Apparently, this also includes correcting some attorneys’ mistaken beliefs that paralegals may serve as agents for attorneys.
Ellen Lockwood, ACP, RP, is the Chair of the Professional Ethics Committee of the Paralegal Division and a past president
of the Division. She is a frequent speaker on paralegal ethics and intellectual property and the lead author of the Division’s Paralegal Ethics Handbook published by Thomson Reuters. You may follow her at www.twitter.com/paralegalethics and she may be contacted at [email protected].
Are Paralegals Ever Agents for Attorneys? Ellen Lockwood, ACP, RP
A
Reprinted with permission from the Texas Paralegal Journal
On June 30, the Court of Criminal Appeals issued an order mandating criminal eFiling for attorneys filing in the district and county-level courts in the state. The order provides for a scheduled implementation similar to the one used for civil eFiling, beginning with the most populous counties on July 1, 2017 and ending with counties under 20,000 population on January 1, 2020. To learn more about criminal eFiling, please contact your
eFileTexas representative.
COURT OF CRIMINAL APPEALS
MANDATES CRIMINAL EFILING
This article reprinted with permission from the Office of Court Administration.
AN UPDATE FROM THE DISTRICT CLERK’S OFFICE
I-Jury will go live February 1, 2017.
Criminal E-filing has been MANDATED. Jefferson County is mandated to go live by
January 1, 2018, however, we intend to roll it out in Drug Court in the near future.
If you are not aware, court documents are now available online for access by attorneys.
For those working on criminal cases, the District Clerk’s office is in the process of reviewing a
40-year backlog of criminal trial exhibits. For cases that are eligible for destruction pursuant to
the mandated retention schedule, attorneys will be receiving notices of intent to destroy exhibits.
PARALEGAL OF THE YEAR Do you know a SETAP member who has made a significant contribution to the paralegal profession?...gone the extra mile?...achieved higher education or status?... received special recognition for her accomplishments? The call for nominations for Paralegal of the Year begins September 9, 2016 and ends October 4, 2016. Be prepared to send in your nominations!
If you are pursuing a college education, certificate program and/or professional certification, be sure to take advantage of SETAP’s $300 scholarship opportunity. The scholarship winner will be announced at the Paralegal Day Luncheon on October 20, 2016. The deadline to apply is October 13, 2016. Click here for an application.
The Paralegal Ethics Handbook is a resource for all paralegals that addresses ethical considerations for 17 practice areas as well as considerations for in-house, corporate, freelance, administrative, governmental, and regulatory law
paralegals.
This title:
Examines such topics as defining ethics, ethical obligations, and remaining
ethical.
Addresses ethical considerations for e-filing, e-discovery, and technology.
Provides resources for state information and paralegal association ethics
cannons and related information.
Contains rules and regulations for all 50 states and Washington, D.C.
Explains how to determine whether an action may be an ethical violation.
NEW EDITION
PARALEGAL ETHICS HANDBOOK, 2016 ED.
Order online at legalsolutions.com and at
checkout, enter promo code WPD20 and the discount will be applied. Expires 12-31-16.
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