| Online Store
Community Search
Print Page   |   Contact Us   |   Sign In   |   Join NALS
Community Search
the NALS docket
Blog Home All Blogs
The official blog of the NALS docket, used as a timely resource for sharing content from our email newsletter. This includes Grammar Nuggets, Career Corner, NALS news, NALS Foundation, chapter and members spotlights, and more!

 

Search all posts for:   

 

Top tags: legal professional  legal  paralegal  legal education  microsoft word  administrative  grammar  grammar nuggets  legal assistant  legal career  legal professional training  nals  career corner  paralegal career  editing legal papers  legal job skills  office procedures  Accredited Legal Professional  ask eula mae  legal access  legal jobs  legal networking  legal office  nals chapters  technology training  writing legal documents  All the best! You are a true picture of what NALS  American Bar Association  and the chapter spotlight is fantastic.  Awesome! Yes this was a wonderful event 

Grammar Nuggets: Oxford Commas and Winning Cases

Posted By Kathy Sieckman, PP, PLS-SC, ACP, Friday, March 24, 2017

The Oxford comma is subject to debate. It is the comma before the word “and” in a series. For example, “bread, eggs, and milk.” The comma between “eggs” and “and” is called the Oxford or serial comma. It separates all of the parts of a list.

Some style guides tell you to use it and some tell you not to. The Gregg Reference Manual calls for the Oxford comma (¶ 162a).

 

The thing I always remember that encouraged me to use the Oxford comma was an example of a will that left property to John, Joe and Sarah. If you are literal (as most lawyers are), you could say that the property was left half to John and half to Joe and Sarah to share. If you add the Oxford comma between “Joe” and “and,” there is no question that the property is to be divided into three parts—one for John, one for Joe, and one for Sarah.

In my opinion, it is one small piece of punctuation that can make a huge difference in the meaning and intent of what you are writing. In fact, as most of you may have heard, just last week, an appellate court ruled in a Maine labor dispute based on the Oxford comma. The case was about dairy drivers who argued that they were entitled to overtime pay for certain tasks. The company said they were not entitled to that overtime. The appeals court ruled that the guidelines on activities entitled the drivers to overtime pay because the guidelines were too ambiguous due to the lack of an Oxford comma.

Here is the law’s wording about activities NOT meriting overtime pay:

 

The canning, processing, preserving, freezing, drying, marketing, storing, packing for shipment or distribution of:

(1) Agricultural produce;

(2) Meat and fish products; and

(3) Perishable foods.

 

Based on this language, is packing for shipment its own activity or is it packing for the distribution of the three things on the list? If an Oxford comma had separated “packing for shipment” and “or,” the meaning would have been much more clear. According to court documents, the drivers arguing for overtime actually distribute perishable food, but they do not pack it. That argument helped win the case.

 

The circuit judge said that had the language used the serial comma to mark off the last of the activities in the list, “then the exemption would clearly encompass an activity that the drivers perform.” Since the serial comma was not there to mark off the last of the activities, the judge obeyed the labor laws which, when ambiguous, are designed to benefit laborers and the case was settled.

“For want of a comma, we have this case,” the judge wrote.

But even worse than that is the fact that there are guidelines on how Maine lawmakers are to draw up their documents that do NOT include Oxford commas, so they followed the guidelines they were given. At least they followed the guidelines last week. This week, that guideline may have changed.


 

Kathy Sieckman, PP, PLS-SC, ACP, has been a member of NALS for over 30 years, is the Immediate Past President of NALS of Phoenix, and is the Vice Chair of the NALS Editorial Board. Kathy is currently the Administrator-Arizona for Sacks, Ricketts & Case in Phoenix, Arizona. Kathy earned her Associate of Applied Science degree in Legal Assisting (with distinction) from Phoenix College. In her spare time, when she is not spending time with her husband, two kids, and seven grandchildren or celebrating something with friends, Kathy writes a blog on proofreading tips at http://proofthatblog.com

This post has not been tagged.

Share |
PermalinkComments (0)
 

Chapter Spotlight: NALS of Central Alabama

Posted By Allison Streepey, B.A., CRS, PLS, Friday, March 24, 2017

Anything is possible! In 2014, there were five local chapters of NALS in Alabama and now there are six. NALS of Central Alabama was formed in 2015 by five members-at-large of the state association, Alabama AALS. These founding members had been active in the state association as well as on the national level of NALS and carved their own path to form their chapter online:  NALS of Central Alabama.

 

What started with five members now has nine. How did they do it?

 

The online chapter idea came out of need and desire. With the demands of work and family, the original five members from all over Alabama needed more time to get to chapter meetings. Another problem they faced was the distance to get to a meeting. The members still wanted so much to be active members of NALS on a local level that they decided to build a support network through online communications with other members-at-large in Alabama who were also having difficulty attending meetings and who wanted to be an active presence in the association.

 

After the decision was made to start an online chapter, NALS of Central Alabama decided to communicate through email and hold online meetings via chat to discuss business as well as ideas to promote the chapter and organization. They are able to add to the continuing legal education (CLE) that they receive in person at the state board meetings by following NALS webinars and other online resources offered through NALS. To keep everyone current, the chapter also reminds its members of the upcoming CLE opportunities. NALS of Central Alabama makes arrangements to meet briefly in person at the state board meetings held during the year. 

 

In forming the online chapter, the members initially adopted the standard bylaws, standing rules, and rules of procedure designed by NALS and AALS, but are slowly working through the documents to adapt the rules more specifically to the online chapter and members’ needs. The chapter now has contact information on the AALS webpage at www.alabama-als.org and also has a Facebook page.

 

The current membership has many past presidents of the state and local chapters in Alabama and a NALS past president, Susan Turner, PLS. Talley Brathovd, PP, PLS, from Grand Bay, Alabama, was the first AALS member to join the online chapter in April 2015 and currently serves on the AALS state board. She will serve as AALS president-elect for the upcoming year.  NALS of Central Alabama also has members who serve on both state and national NALS committees.

 

NALS of Central Alabama Image OneEven though the chapter is online, NALS of Central Alabama has received numerous chapter awards from AALS for attendance at state chapter meetings and membership retention. This is probably due to their creativity in making this online chapter blend with the chapters that meet in person.

 

One of the greatest things about having an online chapter is that the members can organize and meet at any time.  They can accomplish so much and do it quickly with the same great results as an in-person meeting.

 

One of the first projects that NALS of Central Alabama developed was an electronic voting option so that the Alabama State Association (AALS) could have online voting for all members at election time versus just those members present at the winter board meeting elections. To be sure it would work, the voting system was rigorously tested by NALS of Central Alabama and other members of AALS. The voting system they designed worked so well that it can be used by the AALS board members for business and the individual chapters of AALS could use it for its online elections. This electronic voting system is still in the testing phase and there are hopes that it will create a future transition into electronic voting for all chapters of AALS.
NALS of Central Alabama Members

 

NALS of Central Alabama has co-chaired two AALS state board meetings with the Montgomery Association of Legal Secretaries (MALS). One was a winter board meeting in Montgomery in January of 2016 and a fall board meeting in Prattville in September 2016. At the September meeting, NALS of Central Alabama and MALS had a very successful donation drive for the WellHouse “needs list.” WellHouse is a local group that provides a safe residential environment for women who have been rescued from human trafficking and sexual exploitation.

 

This online chapter does not yet have a logo, but it does have a presence that can easily be shared. Here are photos of the water bottles with NALS of Central Alabama labels and the NALS of Central Alabama members attending the AALS Annual Meeting in Daphne, Alabama, just after forming the online chapter.

 

It will be interesting to see how the online presence of NALS of Central Alabama will influence current chapters with electronic voting and inspire other “at large” members to form online chapters.

This post has not been tagged.

Share |
PermalinkComments (4)
 

Ask Eula Mae: Transition to Paperless Files

Posted By NALS Editorial Board, Friday, March 24, 2017

Transition to Paperless FilesDear Eula Mae:

 

We are trying to go paperless in our office, but I am finding that process more time-consuming.  We scan every incoming document and it goes into a “scanned” subfolder.  At some point it needs to be renamed and then moved to the proper client file.  We file the hard copy in the client’s paper file.  We also scan every piece of outgoing mail and then make a hard copy for filing in the client’s paper file.  Of course, the scanned document needs to be renamed and moved to the proper client file.  We are a small office—three attorneys, two legal assistants, and a receptionist.  I work for two of the three attorneys.  The legal assistants also answer the phones.  I do not have time to rename and move the scanned documents to the client files and the “scanned” subfolder is out of control.  Any suggestions?

 

—Buried in Michigan

 

Dear Buried in Michigan:

 

Oh dear!  The amount of effort in this huge project has easily doubled your workload!  There has to be a better way.  Fortunately, I have worked in an office full of paper, a hybrid of both, and a paperless office and have several options for you to consider.

 

This appears to be a process problem but, really, scanning is about purpose.  Are you scanning for storage or for quick transport to the courthouse for presentation of a case?

 

If the purpose is for storage, then I would not scan anything until the case is closed and then would scan the whole file and name it like this: “last_name first names_type of case_dates opened and closed.”  At some point, I would burn all the scans to a disk.  Burn two disks of each and lock them in a file cabinet for storage.

 

If the purpose is for presentation, naming the documents properly is key to finding what you need quickly in court.  I would recommend setting up the client folders with the client’s last and first names, type of document, and date, like this:  “Smith_Mary_Corresp_12-31-2016” or “Smith_Mary_Motion to Dismiss_1-3-2017.” 

 

One of the hardest things about moving to a paperless office is HOW you are going to do it.  It is a huge process and decisions have to be made for closed files and current files. 

 

For closed files, I would recommend taking them to a professional legal document scanning company and paying that company to do the work.  Ask for two copies of all scanned files.  Remember, chances are slim that you are not going to have to revisit these files once the cases are closed; however, if you need the information, you should be able to search and find it quickly.

 

Should your office want to continue to scan the documents for current files, I would recommend scheduling scanning time, such as Friday afternoons for four hours.  Pick up a paper file, scan each of the documents, and name as above.  Then save the documents to the client’s file immediately.  How do you know if a document has been scanned?  It will need to be marked in some way or stamped (on the back). If you are interrupted in the process, binder clip the documents that have been scanned and place a piece of colored paper on top of the documents that have been scanned, like a placeholder noting that they have been scanned to avoid duplication of effort.

 

Also, it might help to have one computer set up as the designated scanner.  When the document is being saved, name it appropriately and then move the file.  This computer would absolutely need to have some kind of backup done every night so that you do not lose any of the scanned documents.  Scanned documents are not supposed to be altered, so saving to an external hard drive would be a good idea.  It would be very helpful if everyone knew the system of scanning and naming the documents.

 

Before you continue this project, think it through and figure out some solutions.  Go to your attorney and discuss the purpose of moving to a paperless office.  Then you will know exactly how to proceed and when. 

This post has not been tagged.

Share |
PermalinkComments (4)
 

Docketing and Marketing: The Unexpected Relationship

Posted By Chris Gierymski, Friday, March 24, 2017

Since the Great Recession, companies continue to pare down the outside law firms that provide legal services and instead use their in-house counsel for legal work. Their legal budgets are decreasing and they need to find ways to provide the same support at a lower cost.

 

Law firms have taken drastic measures to meet the financial demands of their clients and still make a profit. Alternative fee arrangements, hiring groups of lawyers to bolster or create new practice areas, mergers, staff layoffs, and outsourcing are just a few of the examples. The landscape has changed and firms are increasingly looking for ways to get the competitive advantage and gain the business.

 

Marketing

 

Marketing departments have become a vital part of the sales and business development process. Firms have increased the number of marketing professionals to better service their attorneys. This process of relying on non-attorneys to drive the business is more important now than ever before.

 

When pitching for new business with a request for information (RFI), the marketing department has to gather as much information about the areas of expertise of their attorneys and the capabilities of the firm. They not only use external resources to evaluate the competition, but also internal information such as attorney bios, the CRM system (customer relationship management), and measurable data to represent their success in the area of support sought by the potential client.

 

When a pitch for business represents the expertise of the firm’s litigation practice area, the marketing specialists have to seek as much information as possible from their attorneys and that is usually a difficult process. Sometimes sending out mass emails asking for information is not possible since there could be ethical walls that need to be considered. The data must also accurately reflect the required information. With litigation, sometimes that includes how many cases went to trial, judgments that were achieved on behalf of the firm’s clients, and summary judgment motions filed and won. With intellectual property, the information sought could include how many U.S. trademark applications the firm files each year, how many patent applications were drafted, and the firm’s success rate in getting patents through the Patent Office efficiently.

 

Docketing

 

The docketing professional is an important part of the business development process when it comes to gathering internal and external information. What better way to determine how many cases a firm has handled in federal court that went to trial or foreign trademark applications filed each year than to ask the docketing professional. Not only should the docketing specialist be able to mine the data in the firm’s docketing system, but they can also use external resources.

 

In this turbulent time of law firm survival, docketing professionals need to do more than just calendar and track dates. They need to become a valuable resource in helping to develop business for the firm.

 

Docketing is critical to risk management practices. That is well known. However, what firms may not realize is that the support docketing specialists provide relates directly to the billable hour and the bottom line. Attorneys can bill more time and concentrate on other legal work rather than routine and mundane tasks. Docketing departments can and should play a crucial role in developing business for the attorneys and their firm.


 

Chris Gierymski is the Editor-in-Chief and an author on Docket Life. He is a demonstrated leader with over 25 years of experience supporting attorneys and law firms with a focus on risk management and leveraging technology to meet their docketing needs and goals. He served as founding member and past president of the National Docketing Association (NDA). Chris published several articles and white papers related to docketing topics and was a speaker at Aderant Momentum, NALS...the association for legal professionals, and the NDA. Chris can be reached at cgierymski@docketlife.com or www.docketlife.com

This post has not been tagged.

Share |
PermalinkComments (0)
 

Why You Would Be Great at Research Administration

Posted By Allison Streepey, B.A., CRS, PLS, Monday, March 6, 2017

Research administration is the management and oversight of grants and industry-sponsored projects following federal regulations, state laws, and institutional policies and procedures. This includes pre-award and post-award activities, management of the project itself, as well as all areas of compliance and oversight of a funded project.  The framework of these activities is contract law.  A sponsored project could be a contract, grant, or clinical trial and the compliance areas make up the details of what is required within the agreement.  This may include material transfer agreements, use of animals in research, or human subjects research.  

This work is federally mandated and that means oversight of all areas by the institution’s attorneys. Each of the items listed in this article describes a specialized area in which legal professionals would be a perfect fit for the job.  You will see that all areas of research administration fit together like a puzzle and that it is fairly easy to move from one area to the other, especially if you like to read and learn.  

Where are these jobs?  They are typically found at big universities, research facilities, and government agencies.  The skills needed are the exceptional skills of a legal assistant and/or paralegal who understands what it is like to work for an attorney, respects the law, and can concentrate on the details required for this type of work.  

Below is a basic description of the order of events in research administration which includes:  learning how to look for funding for a project, what the funding agency requires, how to read the notice of award (the contract), human resources law with time and effort reporting, how to build a budget, what is required to stay in compliance (conflict of interest reporting and HIPAA requirements, etc.), procurement and cost accounting, and mandatory documentation required to close a project.

Pre-Award

Pre-award starts with looking for funding opportunities in https://www.grants.gov/.  These opportunities serve as a map for what is required for submitting a proposal for a grant.  Preparing proposal submissions brings the opportunity to work with the researcher/scientist/principal investigator by proofreading their writing and following the precise instructions as required by the call for proposals.  (This work is very similar to preparing a brief.)

Pre-award for clinical trials may occur when a drug or other company has been following a researcher’s efforts after a grant-funded research project has been established and a drug or device is being developed or it may come from https://www.grants.gov/.

Post-Award

Post-award begins with the notice of grant award from the funding agency.  This is the contract.  It holds instructions on federal reporting requirements and other information the granting agency may need from the institution, such as proof of conflict of interest management, approval of animal or human subjects in research, data management approval, and in some cases a more detailed budget and justification.  This is also the time that any subcontracts on the funded project will be negotiated and assembled for approval from their institution.  (A subcontract is like a little grant in the big grant.  The same federal regulations apply.)

This is when certain compliance documents must be prepared for the funding agency and are usually managed by separate departments in the institution.  These offices are typically led by attorneys:

  • In an early stage of a drug development, a material transfer agreement may need to be prepared to acquire cells from a federal database.
  • If animals are used in the research, there must be approval from the Institutional Animal Care and Use Committee (IACUC) to ensure ethical and sensitive care and use of animals in research and teaching.  
  • If there are human subjects, there must be proof of HIPAA training from the researcher and all key personnel of each project.  HIPAA is the 1996 Health Insurance Portability and Accountability Act to ensure the privacy and security of health information.  
  • If the funded project has reached the point of using humans in research, approval by the Institutional Review Board (IRB) is mandatory before the project can begin.  The IRB is a federally mandated group of individuals put in place for rigorous review to approve, monitor, and annually review all research projects involving human subjects.  This is one of the most serious offices of an institution because the IRB has the task of ensuring the safety and understanding of the persons who agree to be a part of a research project.
  • Management is required for every research project conflict of interest (COI) to determine if a researcher or key personnel may have potential conflicts and to ensure ethical integrity in research in order to protect the public. 
  • Human resources law for a funded project includes everything about hiring and training and could include the immigration office.  This overlaps with export control and embargoed countries, entities, and persons.
  • For purchasing equipment and other items needed for the project, the Federal Acquisition Regulations (FAR) must be used and state laws must be followed.  The purpose is to use reasonable and appropriate spending, subject to audits, following the White House Office of Budget and Management’s Circulars.  

Closing the Project

  • The scientist will report on the outcomes of the project and, if a drug was discovered or a device was made, the Bayh-Dole Act of 1980 allows the institution to negotiate for the intellectual property.  
  • The funding must be spent in accordance with the agreement and all unspent funds must be returned.

    You can see how the purpose of these offices in supporting funded projects overlap and that a research community at the institution could develop.  There are also professional organizations that support the community of research administrators, such as NCURA, the National Council of University Research Administrators, and SOCRA, the Society of Clinical Research Associates. 

Because research administration is federally mandated, there will always be jobs available and the skills best suited to this kind of work are those of legal support personnel.  For more detailed information about research administration, see the CRA Body of Knowledge from the Research Administrators Certification Council website at http://www.cra-cert.org/bodyofknowledge.html.

 


Allison Streepey, B.A., PLS, CRS holds a Bachelor of Arts degree in Arts and Humanities from the University of Arkansas at Little Rock and graduated with honors.  She is a nationally certified Professional Legal Secretary (PLS) with NALS.  Allison holds UAMS Certifications in Grants Management and as a Research Specialist.  Currently she is the Department Business Administrator for the office of Educational Development.  She is the only person on campus who has experience in pre- and post-award grants management (CON and OED), grants administration for UAMS (ORSP), and served as an Institutional Review Board (IRB) Administrator.  Allison has been a member of NALS for 10 years and has served on the NALS Editorial Board for 5 years.  She is grateful for her NALS Pals everywhere.

 

Resources

This post has not been tagged.

Share |
PermalinkComments (0)
 
Page 5 of 17
1  |  2  |  3  |  4  |  5  |  6  |  7  |  8  |  9  |  10  >   >>   >| 
more Calendar

3/21/2018
NALS 2018 Online Leadership Course Release

Featured
Tammy Hailey CAENALS Executive Director

CLE Opportunities
Association Management Software Powered by YourMembership  ::  Legal