• They immediately established a core team to work in-office to support the majority of the firm’s employee work-from-home efforts.
• They created safety protocols to confirm the safety of those core team members working in-office. By maintaining social distancing and limiting the number of people allowed in the office at any particular time, they helped those in-office team members to feel safer and better able to concentrate on the job at hand.
• They rolled out all employees taking phone calls from home with MiCollab, Zoom meetings, etc. By rethinking the firm’s existing technology and then using it to the fullest extent possible, they were able to continue to communicate with their clients, other counsel, and each other. It makes much more sense to have desk phones forward to employees rather than giving out their home or cell phone numbers to clients and/or opposing counsel.
• They initiated firm-wide messaging and tech training over Zoom, which helped to connect with employees in a new, more efficient way. Training shouldn’t stop if employees are still working full time and is another way of showing them that the firm is interested in increasing their knowledge and helping them better handle the firm’s resources and software.
• They reorganized all of the workflows to compensate for equipment deficiencies. By taking advantage of employee pliability and guiding them to refine their approach to client work, the workflow for their cases continued to move forward.  
• They created a beehive approach to client services, building a safety net for clients if a team member is sidelined. By having everyone on the team knowledgeable about everything happening on that matter, if someone is unable to work for any period of time, others on that team can pick up and get things completed without waiting for one team member to return.
• They adapted administrative processes to make up for administrative staff’s physical absence.
• TEAMWORK! They built a team to address firm needs, soliciting solutions to problems from all perspectives of the business. This requires creativity and is something that will be valuable going forward.
• They continued with more thoughtful communication, with messages being delivered multiple times to ensure the retention of information. Knowing that employees are distracted by the barrage of negative news makes this really important. You want their full attention to important information and delivering it multiple times in different ways can accomplish that.
• They had more frequent “face-to-face,” aka Zoom, meetings to push initiatives forward. This helps people continue to feel connected to one another. Rather than using email for all communication, it helps to actually see how people are doing.
  

By using these methods, Gevurtz Menashe was able to continue giving their clients the best service possible and to meet court and other deadlines on a continuing business. While no one expected these stay-at-home orders to be initiated or to last as long as they have, it would never hurt to have a plan in place in case it is necessary in the future. Start with the information provided above and help your firm develop its own plan. Looking at this information can show your firm where it needs to perhaps upgrade or invest in workable solutions. For instance, does your firm have a Zoom account? A free account will cut off the call after 40 minutes. This has been an invaluable resource in my own firm for “virtual” happy hours just so we can check in with each other. Think outside the box on ways to make remote working easier and more reliable for the firm as a whole.

-by Kathy Sieckman, PP, PLS, ACP

First, let’s talk about setting up your home office.  As most of us have experienced, our home office environment is more than lacking or, let’s be honest, virtually non-existent.  Living the single life has afforded me the luxury of using my additional bedroom as a home office, complete with desk, Mac computer, and some office supplies.  But not everyone is as lucky.  The first thing you have to do is evaluate your home. Do you have a spare bedroom or craft room? Does it have a desk or work table?  You need a comfortable space from which to conduct your work.  If you don’t have one, think creatively.  Even using concrete blocks as a base and an old door as a desktop is better than nothing.  Also, having a separate room with a desk can afford you space to close off when your spouse and/or children are being too loud when you have to concentrate or when you have to conduct a video conference call.  For me, the biggest challenge was making room for my work laptop and spare computer monitor to set on my desk already containing my personal Mac computer and podcast equipment.  I improvised by adding a small portable table at the end of desk for my spare monitor and shifted other equipment around to make room.  While my home workspace is not ideal, it is functional and will see me through this temporary situation.  If you don’t have a spare room to function as your home office, consider setting up a space at the dining room table or countertop in your laundry room.  Home workspace real estate may be a hot commodity with your spouse and children also at home, so make sure when you set up your space you consider the needs of your new “co-workers” who will also be clamoring for the same thing.  The ultimate goal is to create a space you can go to when it’s time to work. 

After you have evaluated your home and created a functional workspace, make sure you have included tools you use in your office to assist you.  Did you bring home physical files?  Do you need to scan files and upload to your system?  If so, do you have a scanner or multi-function home printer?  Consider all the necessary physical tools you use in your daily work to assist you and help you remain as productive in your home office as you were in your law office.

Second, make sure you focus on work during work hours.  For me, I established right away I would continue to work my normal schedule; 8:30 a.m. to 5:30 p.m., Monday through Friday, with my normal lunch scheduled around noon.  Creating a sense of normalcy in the midst of an abnormal period will help you stay focused and productive.  When I’m at home, I see about 100 different projects I could be working on—from laundry to closet organization to binge watching my favorite Netflix series.  The goal is not to succumb to those distractions.  Get up in the morning at your normal time and do your normal morning routine.  Shower, make your bed, eat a healthy breakfast, fix your hair, and get dressed.  Unless you are going to have a Zoom call with the local judge, you don’t need to wear your typical work attire.  However, I do recommend you get dressed in comfortable clothes.  I may be crazy, but I even put on shoes!  For me, getting up and keeping to a morning ritual helps me feel like I am getting ready for work and heading to “the office.”  If you have kids and a spouse at home with you, ask them to allow you to work uninterrupted as long as possible.  Young children won’t necessarily understand why you can’t stop what you’re doing all the time and play with them.  To get the most out of your workday while spending time with your family, work in short bursts and take mini-breaks to spend with your family, maybe playing a round of cards or taking a walk around the block.  Then get back to work.  While it may not be ideal, it will provide you with an opportunity to be as productive as possible working, while being able to provide time with your family so they don’t feel completely neglected.  

Finally, keep a healthy perspective in all of this.  The amount of stress we all have come under is immense.  It’s more important now than ever before to make sure you take care of your body, mind, and soul.  For those of us who are single and live alone, isolation can be a dangerous thing.  Make sure you make time to connect with friends and family, adhering to social distancing mandates, of course.  If you cannot physically be with your friends, consider setting up a Zoom, Skype, or Google Hangout video call once a week.  Make it a “virtual happy hour”!  Designate a time for everyone to call in via video conferencing and have your favorite snack and beverage at hand and just talk with each other and catch up.  If you’re a person of faith, check to see if your church or synagogue is conducting daily or weekly services via the web and tune in.  Also, be sure to stay active.  If you used to go to the gym, look for exercises and gym classes via the web.  Get outside when the weather is nice and take walks through your neighborhood.  The goal is to ensure you are taking care of the whole you!

Remember, while this will not last forever, it’s important to make sure you try to maintain a level of normalcy in the midst of an abnormal world.  Stay safe and stay healthy!

-post by Carl Morrison, ACP, RP, PP-SC, AACP

Carl Morrison, ACP, RP, PP-SC, AACP, is a Manager of Legal Services for The Cosmopolitan of Las Vegas.  Carl is also the host of The Paralegal Voice on Legal Talk Network.  To hear his recent podcast concerning paralegals working from home, click on the following link: https://legaltalknetwork.com/podcasts/paralegal-voice/2020/03/paralegals-at-home-carls-tips-for-healthy-remote-work-habits/

I have worked remotely for a few years now. At first it was because the lawyer I worked for was in California and I was in Texas. Then, before COVID-19, I travelled a lot for our national firm. I learned that communication was the only way I could be productive, effective, and sane. It also has allowed me and my attorney to work in tandem, instead of against one another. It has helped us build trust that we are doing our best work for our clients.

Want my secret sauce? Here’s a short list of communication strategies I use in my own practice:

1. The Check-In. This is by far the best strategy in my arsenal. Every morning, I send my lawyer an email about what I am working on and our priorities. This helps him know where I am at in my work. It also prompts him to keep me posted on what he is doing, too. He’s getting better at that.  He emails me in the evening what he plans to work on the next day. It helps us stay focused on the tasks we need to do.

2. Choose the Right Method. What should be a call, an email, or a videoconference? That depends on the situation. Emails and text messages are void of emotion and can lead to interpretation issues. When it comes to a complicated topic or question, a call may be better than an email. If you have an attorney or team member who asks a lot of questions, a phone call is often better. For a quick touch base, email is best. It is important to remember that face-to-face interactions are most effective when dealing with sensitive topics or establishing trust.

3. Communicating Realistic Expectations. Most lawyers think it will take less time than it actually does to finish a project. Paralegals deal with this all the time, but few come out and tell their lawyer how long a project will take to complete. Good news, you are in the driver’s seat. Unsure of how long a project will take? You can figure it out. Start a timer and go! If it is a particularly long project, I recommend you keep your lawyer informed of your progress. I do this routinely. So, when I tell my lawyer how long a project is going to take me, I can use examples from previous projects. I am confident in my time estimations because I have some back-up experience.

4. Listen with Your Ears AND Your Eyes. You can actively listen with your ears and your eyes. So much of what we as humans communicate is non-verbal. Make sure to pay close attention to tone, facial expressions, eye movements, and even hand or arm gestures. It is not atypical for a lawyer to convey “everything is fine,” but appear to be frustrated. It is a good idea not to only rely on the words they are saying, but also how they are saying them. These non-verbal cues are some of the reasons why face-to-face communications are more effective in some instances. In fact, feel free to come out an ask for a videoconference call when you think it is needed.

5. Reframe to Avoid Misunderstanding. I use reframing often when my lawyer’s instructions make no sense to me. Reframing is when you listen to an instruction or a direction and repeat your understanding back to the person who gave you the instruction. I have found that when I reframe complicated instructions, the attorney often wanted me to do something completely different. In some cases, they talked themselves out of that particular idea or we brainstormed a more efficient way of completing the task. Reframing should not be used in all instances, but it is a very helpful tool when it comes to complex and complicated projects or ideas.

6. Engage in Non-Work-Related Communication. I cannot stress this enough: you need to talk to your lawyer or team at some point about things that are not work related. Ask them how they are doing. Inquire about their family or pets. Make small talk about the weather. Get to know them. By getting to know one another, you are more likely to trust one another. With trust comes grace. You are likely to treat each other better (and with more kindness and mercy) when you know each other. All it takes is 15 minutes a week. It is worth it, trust me.

Good communication strategies benefit everyone. You do not need to be in the same room (or even in the same city) to effectively communicate with one another. I have come to realize in my years of working with lawyers that you get what you give when it comes to communication. When presented with the possibility of over- or under-communicating, I always over-communicate. I would rather be persistent than make a mistake – costing my firm money, client trust, and damaging my reputation. Remember, the tools you need are already within you. The ability to solve conflicts and be productive is in your hands. All you need to do is communicate them. You've got this.

-by Candess Zona-Mendola

Candess Zona-Mendola is a Trial Paralegal at a national law firm that helps victims of food poisoning outbreaks, the author of  The Indispensable Paralegal – Your Guide to Getting It All Done, and is the Editor of www.MakeFoodSafe.com.

I’ve been in the legal support field for a few years now. My previous position as a data processor/typist was all about production and speed and it is a little different now that I’m a legal assistant. I want so much to do my job fast but I’m having to go back and correct little things almost daily. I get frustrated by handling the same documents over and over. This really slows down the process and I’m sure my boss is not happy about having to look at these documents over and over too. I don’t want him to think he made a mistake in hiring me for this job. I want to do well as a legal assistant and need advice on this.

--Want to be Speedy

Dear Speedy:

It seems like everything in the world today is all about speed, however, in a legal office, it is more important for the work to be exactly correct. The rhythm of the legal assistant’s job is different than a production position like a typist. The legal assistant is required to take exceptional care in handling clients’ information. This means a lot of reading and proofreading which takes time.

The work needs to be perfect before it leaves the office. My best advice to you is to be sure you have the right resources (grammar books and websites marked) and skills (which can be developed) in order for you to do the best job that you can. At the desk, a legal assistant’s job is about dependability and accuracy. After you type some documents, take a moment to occupy your mind a different way--take a short walk around the office, go get a cup of coffee, do some copying or filing—anything that is different than what you just typed. Then come back to the document and read it backwards from the end of the document to the top.

There is something about how the brain works when doing this that will help you spot any mistakes. But before you turn the work in to the boss for signature, try reading it out loud (silently of course) one more time to look for any other corrections needed. You can learn to slow down in the office with the goal of having the best outcome possible in your work.

It will take you a little effort to do this, but you will be very happy with the results and your boss will notice the improvement too.

Migraines are a type of headache that refers to the location, symptoms, and cause, NOT the intensity. Migraines are usually located on one side of the face, and behind the eyes, a prodrome of symptoms often precedes them; a dramatic fluctuation causes flashing lights, nausea, hypersensitivity to smell and are caused by a dramatic fluctuation of blood flow to the head. Migraines are usually found in women, worse with menstrual cycles and triggered by food: alcohol, cheese, and nitrates. Migraines are among the easiest headaches to prevent because the underlying mechanism for their triggers is well known.

It is estimated that 40% of migraine sufferers have a genetic mutation at C677T, which means it is difficult for these people to utilize Folate. Folate is a crucial vitamin used by the vascular system for stability and by the liver to detoxify their body. I believe that the decreased liver detoxification causes toxins to increase in the blood and eventually leads to irritation of the compromised vascular vessels, which over-react and trigger a migraine. This premise would explain why menstrual cycles which increase hormone production by 400% and thus the need for liver detoxification are linked to migraines. The idea that the liver cannot handle the toxic burden would also explain why alcohol, chemical exposure, and food with nitrates also trigger migraines. The liver's burden is exacerbated by the OTC and prescription medications utilized to relieve migraines, all of which need to be detoxified by the liver. The chronic toxic load that medications cause is the reason for rebound headaches and their eventual loss of effectiveness. Strengthening the liver's ability and speed to detoxify the body is a key step to preventing migraines.

There are several steps to reduce the amount of endo- and exotoxins in the body. Lifestyle changes include increasing pure and alkaline water intake, exercise, meditation, and adopting a diet that reduces artificial coloring, flavoring, and preservatives. Avoiding concentrated chemicals in perfumes, cleaning products, body products, candles, and other household items will also relieve the detoxification burden on the liver. Lifestyles changes for migraines means living a more natural, active, and clean lifestyle.

Several vital nutritional supplements can also help improve liver function. Essential herbal supplements include: Milk Thistle, Artichoke, and Curcumin to accelerate liver detoxification. Vitamin B11 or Folic acid in the form of 5-MTHF (5-Methyltetrahydrofolate) is vital to help circumvent the genetic mutation common to migraine sufferers. Other nutritional supplements that have been proven helpful in liver detoxification are: N-acetyl cysteine (NAC), Glutathione, Magnesium, CoQ10, and Omega oils. I strongly recommend using an all-natural, multi-nutrient as a base for your nutritional supplementation and adding in the liver detox supplements because the liver requires dozens of cofactors to function correctly.

The hidden reason why chronic migraine sufferers never fully heal has to do with the prolonged burden the mind-body has suffered. When I meet or speak with migraine sufferers from around the world, most of them have been suffering for decades, are toxic from their medications and emotionally and physically exhausted from their condition. Each migraine sufferer I have treated also needed to strengthen their adrenal glands to help with their energy, mood, and recovery. Often weakened adrenals are significant triggers. When in a weak state, adrenals exhibit symptoms including dizziness with rising quickly, fatigue, poor sleep, and decreased motivation. Weakened adrenals or adrenal fatigue makes it difficult for sufferers to deal with stress and is why stressful situations trigger many migraines. Nutritional supplementation with adrenal glandular and adaptogens are essential to rebuilding the migraine sufferer and providing long-lasting relief.

The hottest nutritional supplement on the market to help with the pain associated with migraines is CBD oil. While CBD oil will not prevent migraines like the suggestions above, it does have some unique benefits. It is a natural anti-inflammatory, so it will reduce the irritation in the blood vessels to minimize the migraines. It also helps people deal better with stress and anxiety, which are primary triggers. I recommend a full spectrum of CBD oil from an organic source that is tested for purity, and all CBDs are not the same.
 
Detoxifying and rebuilding the body to prevent migraines takes time. Most of phone-consult patients from around the world can dramatically reduce the severity and frequency of their migraines by the 8th week of care. By the 12th week of care, most patients are ready to speak to their doctor about stopping their medications if they haven't already. There are several treatments I use in my office to speed up this process and offer immediate relief.

• LiteCure laser therapy uses the power and speed of light to relieve migraine pain nearly immediately. LiteCure laser therapy is unlike other laser therapies in the fact that you feel relief quickly, it is long lasting and promotes cellular healing to prevent future episodes
• Applied Kinesiology is a hands-on technique that gently relieves muscle tension and strengthens the body's ability to detoxify and heal
• Alpha-Stim uses a gentle electrical current to promote the relief of endorphins from the brain. Endorphins are the most potent pain relief mechanism known to man and Alpha-Stim has been proven in hundreds of studies to raise endorphin levels and keep levels higher over time immediately
• Chiropractic care is also beneficial for migraines. Chiropractic care can help relieve muscle tension that triggers migraines and improve the biomechanics of the neck to enhance normal function. Chiropractic care has also been shown to stimulate the Endocannabinoid System, like CBD oil, which helps promote pain relief and reduce inflammation.
  Migraines can be a lifetime sentence of pain, BUT they do not have to be.

Dr. Zodkoy has 30 years of treating Migraines successfully at Monmouth Advanced Medicine in Freehold, New Jersey. You can contact him at szodkoy@hotmail or 732–308–0099

All content found on the NALS.org website, including: text, images, audio, or other formats were created for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website.

Links to educational content not created by NALS, Inc., are taken at your own risk. NALS, Inc., is not responsible for the claims of external websites and education companies.

I work in a small legal office and most of the time we are really busy with legal work. However, there are just a couple of times a year when I run out of things to do and I’m not sure how best to use this extra time or where to start.  It’s nice to have a breather when the boss goes on vacation or at Christmastime, but it is also boring, too.  I love legal work and love the daily routine.  It is stressful when the work is on a pause.  I would rather be doing something than sitting around all day waiting for the work to come rolling in again. Do you have any suggestions?

--What to Do in Delaware

Dear What to Do in Delaware:

This is really an easy problem to solve.  Just like any good Scout, the best thing you can do is be prepared.  Besides just basic cleaning tasks, there are many other thoughtful and useful odd jobs you could do in a relatively short time.  Starting today, make a list of all those annoying things around and in your desk, and if you work for one attorney, include the entire office.  This would be annoying things like how to corral all those loose pens, figuring out a schedule to keep enough copy paper handy, or keeping the scanning jobs going. 

Now is a great time to really clean and organize your desk and office area and the workroom. While you are at it, have paper and pen handy to make a list of office and other supplies that you might need and prepare an inventory of office equipment. Remember to include serial numbers and phone numbers.  Review any contracts that you have for the copier and the coffee and water service.  Is it time to have the copier and printer cleaned?  Just like a car, this will extend their usefulness.  This is information that should be included in your desk manual.

Is there anything that you need that would make your job easier?  Check to see that you have the latest reference books that you need. Make a list of professional goals and include educational webinars, classes and conferences that you wish to attend.  Does your town have a local or state NALS chapter that you could benefit from joining?  If not, get involved with the online classes, publications, and network. 

One of the most important tools that you have is the desk manual with information from your office, including policies and procedures, contact information for the office staff, court filing fee schedules, and document formatting information, et cetera.  Now is a good time to get it up to date. (Really, you should do this once or twice a year.)  Be sure you have the latest contact information of all the service companies and businesses that the office uses. 

Start with a list of items mentioned in this column and add your own ideas of monthly, semi-annual, and annual tasks to keep the office running smoothly.  This is a great list to keep in the front of your desk manual and add to it when you think of things.  There is always so much to do, and this list will come in handy to manage your area and your time—and you will never be bored.

—————————

Paula Steffey, PP, CLP-SC (civil litigation, personal injury, and criminal), CWCP, has been a NALS member since 2014.  She is currently the Corresponding Secretary and Certification committee chair for her local chapter (NALS of Greater Kalamazoo); Certification committee chair and Publications committee chair for NALS of Michigan; and is on the Editorial + Marketing Board, Manuals Task Force, and SAGES Task Force for NALS.  She also has a secondary membership with NALS of Phoenix.  Outside of NALS, she is a full-time legal assistant to Garold A. Goidosik with Goidosik Morse Disability Law Group and has two other part-time jobs. 

I was teaching an Adult Education Legal Secretary course and the textbook being used mentioned NALS and the PLS Exam. I contacted NALS and obtained information about the PLS Exam. I studied using borrowed books and passed the two-day, seven-part exam on the first try.  After that, I was invited by the Philadelphia Chapter to attend their annual Installation of Officers. I was so impressed with the leadership and professionalism of the officers and members, I joined. The rest is history. 

How does your membership in NALS assist you in your career?

Being a member of NALS and, in particular, attending national events has given me the ability to think beyond my little corner of the world and see the big picture. Being active in NALS can help you understand client issues and business decisions law firms make, how to think ahead and to be prepared for possibilities that could present during a case, and furthers excellence in the legal profession.

What has been your favorite event, service, task in the local and state NALS chapters?  

Website Chair for both NALS of Philadelphia and NALS of Pennsylvania, as well as Parliamentarian for NALS of Pennsylvania.  I also enjoyed being editor of the Bulletin for NALS of Philadelphia and the Reporter for NALS of Pennsylvania.

What were the best fundraiser and membership events?  

Breast Cancer Awareness Secretarial Tea; Secretaries Night Out networking events. 

How about networking – do you have NALS pals that you hang out with?  

Without a doubt, networking with other NALS members, no matter what the Forum, is my favorite activity.  There is a core group of NALS of Philadelphia members who participate in nearly every local and NALS of Pennsylvania event, so we all hang out together.  At national conferences, I catch up with many, many NALS members from across the country.

Who, in NALS, has been your role model? 

My first role models were Janet Greco, PLS, and Beth Cummings, PLS, here in Philadelphia.  They were my early mentors too!  Also, many of our past presidents who exude professionalism, showing me the way.

Do you have a favorite memory from a National NALS event? 

I have so many wonderful memories from NALS national events. Winning the 2005 Award of Excellence ranks as one; taking the oath of office as NALS 2010-11 President is another.  Other than those, (i) being dressed as W.C. Fields at the 2011 Conference in Irvine, California (individual members, chapters, states, or regions made donations to dress any member for a NALS Red Carpet Foundation event); (ii) traveling around Oregon on a bus to visit the Multnomah Falls and Mount Hood (and stopping at a cute little general store along the way); (iii) visiting oh-so-many regions, states, and chapters and meeting so many NALS members during my term as President; 

What is your greatest accomplishment in NALS, besides being President?

Early in my NALS “career,” I was the Philadelphia Chapter’s PLS Study Group Chair.  As Chair, I was thrilled to write an article about the benefits of NALS certifications and invite area legal secretaries to attend an information meeting.  The Philadelphia Chapter’s Study Group was structured in such a way that those studying could easily become members.  We had a large crowd at the information meeting, resulting in nearly 20 participants in the Study Group who also became members.  The Study Group was so successful that it won the Founder’s Award (Jett Awards) that year.  It was thrilling!

What has NALS given you?

A clear sense of my contribution to the legal services community; a real sense of professionalism; and a desire for excellence in my career and life.

What would you tell a new member of NALS?

NALS is the single most important, career-altering decision you will ever make for yourself, and getting head over heels involved with NALS is exhilarating and satisfying as you watch your hard work blossom to fruition.  Join and get involved!  

Professional and Personal Life

Do you have a favorite part of your job?

Don’t laugh --- I LOVE making huge documents “pretty.”  I know many people have difficulties understanding Microsoft Word, but I actually enjoy implementing styles to make documents look their best.

How do you spend your spare time?

I sing in my church choir (I am no soloist, but I love to sing); I am a Stephen Ministry Leader; I’m in the process of little-by-little cleaning out the clutter and updating my house.  I also love jigsaw puzzles which I play on my tablet – it’s so relaxing.

I love the Clan of the Cave Bear series of books by Jean Auel.  I have them all and re-read them periodically.

Who (a living person) inspires you the most? 

 
My sons inspire me.  They are so smart and interesting – I keep asking myself, “When did this happen?  When did they get so grown and wise?”

Do you do any volunteer work?

As I mentioned, I am a Stephen Ministry Leader tasked with building parish awareness of the Ministry, training Stephen Ministers, meeting with care receivers (those people who are ministered to), organizing the twice per month meetings, counseling the Stephen Ministers to keep everyone on track, and a host of other things that go along with that.  

Do you have a favorite project? 

Right now decluttering and updating my home is my favorite project.

Do you have interesting hobbies or plans for the future? 

I will do a little traveling soon, but currently, the church choir and Stephen Ministry is about all I can handle at this time.  

***
Patti has experienced many of the best and worst experiences that life has to offer.  2018 was a tumultuous year for her and her family.  Her childhood sweetheart husband, Mike, passed away in April.  Two months later, their son Anthony was ordained as a Catholic priest.  Just before Thanksgiving, their other son, Joseph, married Alexis—the daughter she always wanted. Note that, through it all, she continues her service to others through her ministry – in life and in NALS.

Whether due to budget, schedule, or travel conflicts, it’s not always possible to get the speaker you want to your event. Fortunately, technology can bring him or her to your event virtually. Here’s how it can work in practice.

Many professionals in event management and professional development have had to deal with an impossible challenge: get a high-profile speaker to keynote a conference on a shoestring budget. Sometimes the issue is that the association can’t afford to pay high speaker fees or cover travel expenses. Other times, it’s simply that the speaker can’t make it to the event in person.

How can you get around the challenge of a speaker who can’t be there for your meeting? Answer: technology to the rescue.

There are several ways to incorporate speakers into your program virtually. For example, consider a prerecorded video interview of the speaker by your CEO or board president. This is a great way to involve a high-profile speaker without taking up too much time or incurring a major expense. If they’re comfortable with video, you can also ask a speaker to make their own recording—cellphone technology and video quality have come a long way. Often, you just need a steady hand and a cue-card holder to create a video segment.

More expensive options are available, should your budget allow. Think about the advances in technology that we’ve seen in recent years, like virtual reality and augmented reality. Some associations can and should take advantage of these options.

If you are going to ask a speaker to do prep work for a recorded video, call, or podcast,
develop a run-of-show plan and make sure you have enough time to execute the project.

Successfully presenting a virtual conference speaker takes planning, and you need to start early. If you know that the speaker you want will only be available remotely, involve important stakeholders to get buy-in for a virtual alternative. Talk to your executive, board members, and committee volunteers to gauge their interest and appetite for a virtual speaker. If you are going to ask a speaker to do prep work for a recorded video, call, or podcast, develop a run-of-show plan and make sure you have enough time to execute the project.

Even the best-laid plans can go wrong, so consider and prepare for possible mishaps in advance. What is your backup plan if the internet speed is not enough to support AV needs? What if the internet connection drops midstream? What other technical issues—things like sound, image, or caption quality—might arise?

Once you have talked through these potential issues, make sure you know how to handle them quickly and appropriately. Be prepared to work with the AV company, meeting venue, and any other key contractors to ensure your bases are covered.

There is no reason why physical presence should be required for that one special speaker you want your conference attendees to hear. When you find creative ways to incorporate your ideal speaker into your meeting, you not only deliver a valuable viewpoint to your attendees, but you may end up with some new and enduring educational content for the future that can be shared with your entire community.

Meredith Ellison, MBA, CAE, is vice president of programs at the National Sleep Foundation in Arlington, Virginia.

Copyright ASAE: The Center for Association Leadership (December 10, 2018), Washington, DC.

You can use sentences for the basic actions without your hands leaving the keyboard!

Remember there are many ways to do the same actions. 

Here are some suggestions:

Highlight a Section to Reformat

This action will probably be used the most.  If you need to highlight a section of the document to change the font or indent or move a paragraph, place the cursor up to where you need to start, then press and hold Shift and arrow across (for a word) or down (for a paragraph).  You will see the text become highlighted.  You can bold it (Ctrl + B), underline it (Ctrl + U), or italicize it (Ctrl + I).

MS Word Copy and Paste

You can copy and paste without your hands leaving the keys.  Think of the sentences “Alt, Edit, Copy” and “Alt, Edit, Paste.”  Now highlight what you need to copy and paste by pressing Shift, Ctrl, and the appropriate arrow key.  Then press Alt, E, C, (Alt Edit Copy), then arrow to where you want to insert text and press Alt, E, P (Alt Edit Paste).  By the way, Alt, E, U will “Undo” what you just pasted (Alt Edit Undo).

Moving a Paragraph

To highlight the paragraph or section you need to move, start with the cursor at the beginning of the section.  Press Shift and arrow down.  Then think of your actions in sentences– Alt Edit Copy, (Alt, E, C), Alt Edit CuT (Alt, E, T), move the arrow to the new location and type Alt Edit Paste (Alt + E + P). If oops, think of Alt Edit Undo and type (Alt, E, U).

MS Word File Save and Exit

Even though MS Word has an automatic save feature that you can set the time on, what if you were interrupted and didn’t want to lose what you just typed?  Think of the sentence, “Alt, File, Save” and press Alt, F, S.  If you need to close the file, think “Alt, File, eXit” and press Alt, F, X.  The program may ask you if you want to save it.  Press “Y” for Yes and the file will save and close.

Indent Left Side of Paragraph

To indent just the left side of a paragraph, Highlight the text and move the arrow up to where you need to start. Then touch Tab, the whole paragraph will move to the right.  To undo this action, move the arrow to the left of the first word and touch Backspace.  Or type Alt Edit Undo (Alt, E, U).

Indent Both Sides of Paragraph

To indent both sides of a paragraph takes a little more reading.  Highlight the paragraph by placing the cursor up to where you need to start, then press and hold Shift and arrow down. Press and let go of the Alt key and on the toolbar you will see little boxes with letters in them. Press Alt then P to go to the Page Layout tab.  Then press Alt, P again, you will see little boxes with letters. Use the tab key to go to Indent Left.  Type in 0.5 for a ½ inch margin to the left. Repeat Alt, P, tab over to Indent Right and type in 0.5 to move right margin ½ inch.

In planning a membership drive, your ultimate goal should be to improve membership by recruiting and retaining members. Identify what must be done first, second, etc., what can be postponed till later, what needs to be done now. What are the best methods to get to the end result?  Make your “to do” list starting out with your first priority. As you add to your list, rearrange priorities if necessary. Determine the methods of going from your first priority to the last item.  Set deadlines for each facet of your plan.

Your first priority is to select a committee. Don’t try to do everything yourself. Delegate! Set a date to meet with your committee members at a time convenient for everyone. Discuss your goals.  What type of membership drive is best for your chapter and the legal community? Have a discussion on where to get the information you need to plan your event effectively. Encourage your committee members to offer their suggestions. Be especially cognizant of the potential of all of your members and get them involved. Ask them to set a personal goal to bring at least one potential new member to your membership event. 

Follow the same rules that apply to writing: what, when, where, who, why, and add a how. 

WHO. Our Association consists of legal professionals - secretaries, legal assistants, paralegals, file clerks, project assistants, law clerks, firm administrators, and office managers as well as attorneys. In addition to law firms, legal professionals will be found in law departments of corporations, trust departments of banks, legal departments of hospitals, etc. Reach out to all of the various areas involved in the legal field - court personnel (including court administrators and court reporters, circuit and county clerks) as well as city/municipal personnel, and process servers.  Don’t forget the local schools, (community and vocational). NALS offers a student discount.  

WHAT.  In addition to marketing our multi-level Association to legal professionals, we are also marketing our “products,” which include:

• certifications,

• legal education,

• networking,

• professionalism,

• improvement of individual performance,

• learning ways to do a task better,

• learning to be a leader,

• support of other members.

Prepare potential member packets with information about your chapter and the state and national associations. Brochures and other informational documents are readily available from NALS.  Include information about the certification programs and upcoming legal education and other events.

WHEN.   Determine the best time to conduct your membership drive - timing is crucial.  Early fall or after the first of the year have proven to be the best times—seasons of beginnings–when potential members are inclined to consider their careers and are conducive to improving themselves, in their employment and in their personal lives

WHERE.  Have your committee members check out possible locations to host your event.  The location should be readily available to potential members as well as current members.  Perhaps sponsor a social gathering at a local restaurant after work or at lunch in a quiet separate section. Remember members and potential members have responsibilities to their employers as well as their families.  Consider furnishing refreshments.

WHY.  If we don’t market our Association, how can we expect to get new members?  This should be an ongoing process.  All members should be proud to show that they are a members of a great professional association and let others know about our Association.  Members should always be aware of recruiting new members.

HOW.  There is more than one way to reach people.  Determine the best way for your chapter to reach potential members through direct correspondence and personal contact. Try educational events, direct mail, phone solicitations, in-person visits, staged recruitment events, and pro bono or community activities. Distribute brochures with information about your chapter and your state association (NALS also has many types of brochures available).   Place an article in the local newspaper regarding your upcoming membership drive with at least two contact people listed.  Choose a theme or slogan that is easily recognizable and easy to say and remember.  

Contacting the employers is a must.  Let them know why their support staff should be members of our Association and reap its benefits.  Market our products directly to them.  Get the employers’ assistance to encourage their staff to join and participate.  Let employers know that NALS offers a one-stop source for training, educating, and developing a professional staff who will be committed to their legal careers and to them.

Prepare a flyer outlining our Association’s benefits, indicating why one should consider membership.  In addition to our “products,” employers will have a “one stop” source for training, educating, and developing a professional staff who will be committed to their legal career and to the employer.  Set out the date, time, and place of your membership activity.  Fax the flyer to the various offices (law firms, trust departments, etc.) with an email reminder a few weeks later or hand deliver your information.  These methods are at no cost to the chapter.

Project enthusiasm about our Association and the benefits you have received.  Determination is needed to gain members who are enthusiastic, positive, and eager to be a part of NALS.  Those who look at their job as a profession will see NALS as a stepping stone to achieve their goals.

Now is the time to start planning to increase your membership!

But first things first—you have to know what a great email looks like if you’re going to write one.

Anatomy of a good email

Every email has the same basic structure: Subject line, greeting, email body, and closing. But as with every written form of professional communication, there’s a right way to do it and standards that should be followed. Here’s what you need to know to craft a solid email:

1. Subject line

The subject line could be the most important part of the email, though it’s oftentimes overlooked in favor of the email body. But if you’re cold-emailing someone, or just establishing a professional relationship, your subject line can entice people to open the message as well as set expectations about what’s enclosed. On the other hand, a poorly crafted or generic subject line (like “Hi” or “You don’t wAnt to miss thos”) can deter the reader and result in your email landing in the spam folder.

“Spend double the amount of time crafting the right subject line than you do on the [body] because if they don’t open the email it doesn’t matter,” says Cole Schafer, founder and copy chief of Honey Copy.

2. Openers

In most emails, you’ll want to include a quick greeting to acknowledge the reader before diving into your main message or request.

The exception: When you’re on an email chain with close colleagues, it often becomes more natural to drop the opener (as well as the closing). Though it may initially feel like a faux pas, it signals a better professional rapport.

3. Body

The body of an email is the meat of your message, and it must have a clear and specific purpose, such as getting feedback on a presentation or arranging a meeting with a new client. It should also be concise. That way, people will be more inclined to read it, rather than skimming it and risking missing critical information. If you can, boil it down to a few choice sentences.

And for emails that require more length and detail, keep it as focused as you can. “Nobody wants to receive a novel. You want to keep it between three, four, or five lines of text,” says Schafer.

4. Closings

Just as you want to start things off on the right foot with your greeting, you also want to part well. That means writing a friendly sign-off. And there are plenty of options to choose from.

For example, here are 12 common, and professional, closings that Grammarly users chose on a given day:

You’ll want to choose a closing that feels genuine to your personality and tailor it to the relationship to ensure an appropriate level of professionalism. On the other hand, common closings like “love,” “sent from iphone,” or “thx,” may be best left unused in professional emails.

 Common mistakes (and what to do instead)

Just as every email is an opportunity for professional growth, there’s also the potential to fall into common bad habits. Here are eight mistakes to avoid:

1. Omitting necessary Oxford commas

The Oxford comma can be somewhat polarizing, depending on which style guide is utilized for professional communications in your industry —it’s usually either shunned or hailed as a tool for clarification. Either way, a lot of people have strong opinions about it. But leaving them out can lead to confusion, depending on the sentence.

What to do instead: While the Oxford comma may not be suitable in certain contexts, it’s usually a good idea to use them in emails. That’s because it can help you save time and avoid miscommunication, confusion, and even legal trouble.

2. Hedging

Grammarly users know that when it comes to hedging, it’s better to omit it than leave it in, especially in emails. And if you’re worried about coming off as impolite, don’t be: Contrary to popular belief, hedging language makes you sound less confident, which can ultimately undermine your writing.

(Note: You can find a definition and explanation of hedging here.)

What to do instead: State your idea or opinion, then explain the “why” behind your reasoning. That way, you’ll be better understood and your brilliance can shine through.

3. Extremely long and/or unclear copy

Would you read an email that was 1,000 words long? Probably not—most people skim emails that are on the long side. And if you add hard-to-follow sentences or mixed messages, to your draft, you’re even less likely to get a satisfactory response. (Or any response.)

“I get a ton of [emails] that are just these huge blocks of text. And I understand why they do that—so you have enough detail. But it’s really hard to read and I’m not going to read the whole thing,” says Kat Boogaard, a Wisconsin-based freelance writer.

What to do instead: Keep it concise and focus on the matter at hand. Then end with a call to action, a requested response date, and make it clear that you’re open to questions and follow-ups (if that’s the case).

4. Being too casual (or formal)

Depending on your circumstances, wavering too much to the casual or formal side of writing can be a misstep. Being overly casual is often seen as a rookie mistake, but stiff, formal language can also be detrimental to your message.

What to do instead: In striking the perfect balance between formal and casual, the key is thinking about the relationship between you and the recipient and take social cues as your communication progresses.

“You kind of want to see what someone else is doing and participate, play along, sort of acknowledge the way communication develops and the way expectations in a relationship develop,” says Dan Post Senning, an etiquette expert at the Emily Post Institute.

Here’s a tip: While GIFs and emojis can be great for creating a sense of comradery between coworkers, these can be seen as overly casual in many contexts.

“Be careful in new relationships. The intelligent use of emoticons in emails can help you be more understood. At the same time, a lot of people will read it as unprofessional, so until you’ve established that relationship, you want to be careful with how you use it. Take care and think about it,” says Post Senning.

5. Cliches

Not all email cliches are cardinal sins. Certain aspects of your emails are bound to be a little formulaic. After all, most emails have the same basic structure, and there are phrases that you may use to ensure clarity or cover your bases. But if you’re going to repeat phrases, make sure they have a clear purpose.

As Kiera Wright-Ruiz, a social media manager at Google’s Local Guides puts it, “Even though I always repeat, ‘please let me know if you have any questions,’ I actually do want to know if they have questions.”

However, most of the time, you’ll want to edit out cliches whenever possible since they can make people tune out. Here are the top seven to avoid:

What to do instead: Try reading the draft for cliches, tone, and voice to more effectively communicate your message while keeping the reader engaged. Ask yourself: If your boss (or mom) read this email, would you be happy with it? If the answer is yes, then you’re on the right track.

6. Repetition

People often repeat words within the same paragraph, twice in two sentences, or just too close together to go unnoticed. While it’s not the worst offense, it’s another thing that can make a reader tune out.

Here are the most commonly repeated words to avoid:

What to do instead: Try reading your draft out loud, using the text-to-speech function on your phone, or running it by a colleague before sending it off. Grammarly can also help you catch these repeated or overused words.

 7. Robotic language

Email may be a descendant of snail mail, but that doesn’t mean your messages should sound like an old-timey version of your. In fact, emails should sound like the person who is writing it. So using phrases that sound like something out of a Victorian novel isn’t the best move if you want to connect with the reader.

“Let’s face it: Nobody wants to read a college textbook. You want to read a blog or an article or a real conversation. They’re a person, they’re not a robot. So use language that sounds like something you would say if you’re just sitting in a coffee shop,” says copy chief Schafer.

What to do instead: You can get a more natural effect by pretending you’re writing to a friend or having a conversation with a friendly acquaintance. For example, you probably wouldn’t say something like, “Greetings” and “I hope the weather is fair where you are” if you were meeting someone for coffee. You’d say something like, “Hi” and “Thanks again for your time.”

8. Overuse of exclamation points!

Enthusiasm is great. But in certain contexts, the overuse of exclamation points can do more harm than good. This is especially true if you’re forging a new relationship or contacting someone outside of your company. You are, after all, a representative of your work when you use a company email address. But people love exclamation points, and they’re still something that many people rely on to convey a positive tone.

For example, here are the most common sentences and words people use with exclamation points in emails:

What to do instead: After you’ve written your draft, do a quick search for exclamation points and use your judgment to determine which (if any) to keep based on your relationship with the recipient. As a general rule, try to keep it to one or two per email with colleagues.

 Next-level email moves

Once you’ve got the basic structure and you know what mistakes to avoid, it’s time to focus on making your drafts stand out from the myriad emails most people get every day. Here are four strategies to take yours to the next level:

Think positive

Sending an email that is remotely negative, or even neutral, can put you in a tricky place. And as with any written communication, there may be room for misinterpretation.

“In the absence of other information, our interpretation often defaults to the negative,” explains communication-etiquette expert Post Senning. “When you’re talking about negative communication, you’re [missing] the information that is tone of voice, the twinkle in your eye, the good humor that you intend something with or even the genuine care or concern with which you’re offering critique. So be really careful. When something reads as negative to you it probably comes across as even more negative to someone else.”

Personalize each interaction

You wouldn’t want to get an email that reads, “Dear [client],” or which references your work in public relations when you’re actually in sales, because it would immediately show that the sender is either mass emailing you, or they didn’t do the proper research to find the right contact. Similarly, you’ll want to make sure that every email you send is crafted specifically for the recipient and that you’re sending it to the right person.

So even though it may be tempting to use templates, it’s important to personalize it and keep in mind the communication style of the recipient before hitting send. To accomplish this, a quick Google search or a peek at the recipient’s LinkedIn or Twitter feed can do wonders. Before sending, try putting yourself in the recipient’s shoes for a gut-check on tone and content.

Follow up—in good time

If you’re sending an email, you’re likely looking for a timely response. But with the large amounts of emails most people sort through each day, things can end up getting lost. As a general rule, a follow-up message should never come less than 24 hours after sending the initial email.

In other words: Don’t be the person who sends a follow-up request two hours after sending your email. In extreme cases, that kind of behavior can even get you blocked. “When you’re taking more time and actually caring about the person on the other side of the email, you’re immediately going to see a much higher response rate. I had to learn that the hard way,” says copy chief Schafer.

Make it easy on the eyes

Most of the messages you send will likely be on the shorter side, which is great for rapid responses and getting things done. But for longer emails, scannability is the name of the game. That’s when things like bolded font, bullet points, underlined sentences, and a TL;DR (too long, didn’t read) section come in handy.

There are a lot of factors to keep in mind when composing an email, and there’s a wide margin of error. But after all is said and done, it isn’t about perfection. It’s about effective communication.

“I think people feel this pressure that you need to be this perfect communicator with this huge vocabulary and these perfectly structured sentences. And I don’t know that that’s always the case because you’re just two people, communicating,” says freelance writer Boogaard.

This article was originally posted on Grammarly.com/Blog and reposted with permission.

On April 19, 2017, the South Carolina Supreme Court signed an order recognizing the NALS Professional Paralegal (PP) certification as one of three national certifications that paralegals must have earned through passage of a national examination in order to obtain the designation of South Carolina Certified Paralegal (SCCP).  The SCCP is administered by the South Carolina Bar through the South Carolina Board of Paralegal Certification as promulgated by the South Carolina Supreme Court. Our NALS state association, Legal Staff Professionals of South Carolina (LSPSC), utilizes this designation to increase and retain membership and to bring more awareness of NALS to both attorneys and staff in our legal community. For the past two years, LSPSC has held a statewide drawing and funded certification exam registration fees and study materials for three lucky members who plan to take any one of the NALS exams.

Since this state designation, we have held paralegal school presentations to create relationships with the students and their schools and to inform them of the SCCP designation which can be obtained through earning the NALS PP certification. We now have two LSPSC members who serve on these schools’ education boards and two who have been appointed by the South Carolina Supreme Court as members of the South Carolina Board of Paralegal Certification. Some of our local chapters waive the students’ membership fees and some of the schools pay for the students’ state fees.  A few of our local chapters even offer free study groups to their members for those who want to take a NALS certification exam. One of our chapters has held a career fair for graduating paralegal students where their resumes have been reviewed and mock interviews conducted prior to their meeting with recruiters. In return for these benefits, our goal is to encourage the schools and students to invest in our associations because they will see we are investing in them.

The next step LSPSC has taken is to reach out and network through social media. Facebook pages, such as Perfectly Paralegal, Paralegals Connect, and Paralegals of the Carolinas, have enormous resources for networking and marketing. Our association encourages its members to Like, Follow, Comment, and Post on all these pages and asks others to Like our local, state, and national Facebook pages. Our state association and all six local chapters now have very active Facebook pages. We post job positions, current events, announce membership meetings, welcome new members, and post anything else related to legal topics or association news. Once we began to interact and invite others to our pages, it was very  enlightening to learn that many paralegals had no idea there were even paralegal associations in this state, let alone in their area. In addition to Facebook, we also have LinkedIn pages for LSPSC and some of our local chapters.

To encourage retention, we also hold incentive drawings for our state meetings during the year to include CLE seminars, lunch, and meeting registration fees. These drawings are open to all levels of membership, including potential members. We continue to influence attendance at monthly membership meetings by encouraging the local chapters to hold their meetings during different times of the day, such as rotating meetings after work and during lunch. Some chapters provide lunch/dinner for a fee, other chapters welcome you to bring a bag lunch/dinner, and some chapters’ attendees bring light appetizers and desserts. Also, providing speakers in-person at meetings to discuss current topics  in which new or potential members may be interested is a huge plus, as it both encourages attendance by all and offers CLE hours for NALS certified members. We involve others by asking them to assist and reach out to speakers so that they feel invested in the meeting. In addition to these meetings, some of our chapters are becoming sponsors for certified CLEs through the South Carolina Bar. This sponsorship means that the CLE hours from an approved seminar may be counted toward the ten required hours to annually renew the SCCP.     

Due to the state certification designation (SCCP), our involvement in local paralegal schools, social networking with other associations, statewide incentives, and the promotion of monthly meetings, our overall membership has grown over 30% in one year, and we are looking forward to creating a new chapter in our state by the summer of 2019.

We have so much more work to do, but we continue our dedication to creating and maintaining relationships, while keeping open communication with our current and future members. LSPSC is enhancing membership to be more than numbers, as it’s about them and not us, by promoting new friendships, inspiring others through our passion and love of this association, and engaging everyone around us to the betterment of the legal profession as a whole.  

You can find Legal Staff Professionals of South Carolina online at LSPSC.org. They are also on Facebook here. 

How to Think Outside the Box

When you’re struggling to come up with fresh ideas, there are some simple tricks to help you step out of your comfort zone and think innovatively.

Ask a child what they would do.
With their vivid imaginations, kids are natural innovators.

Simplify it.
If you think your problem is too complicated for a child to understand, take some time to figure out how to explain it. Richard Feynman, the late Nobel Laureate in physics, is attributed with saying, “If you can’t explain it to a six-year-old, you don’t understand it.” Sometimes the very act of figuring out how to explain a complex problem in simple terms results in an innovative solution.

Ask “What would I do differently if I were starting from scratch?”
Routine is the enemy of innovative thinking, but so is a precedent. Sometimes, we struggle to shift away from the way we’ve always done things. Imagining a clean slate can help you change perspective and think outside the box.

Ask why.
Most of the pushback we get—whether from management, colleagues, or our brains—comes with a simple phrase: “That’s how we’ve always done it.” We’re hardwired to resist change, especially when what we’ve been doing has been working okay, if not spectacularly. When the routine is the roadblock, “why” is the battering ram. Asking “But why have we always done it that way?” can reveal flaws and make way for creative thinking.

Flex your brain muscles.
Psychology Today suggests a few surprising exercises that can get your brain unstuck when you’re trying to think outside the box.

• Alphabetize letters in words. Take any word (the one you’re reading, or just thinking) and alphabetize the letters. So, the word B-R-A-I-N would become A-B-I-N-R.
  
  What makes this mental gymnastics so terrifically boosting to your brain is that you’re forced to use all the information—all the letters—and entirely rearrange it in your mind. Try this for five minutes a day, three days a week. Increase the number of letters in words you are alphabetizing as you get more proficient.
  
  —Mike Byster, Psychology Today
  
  
• Lose the letter E. Challenge your friends to use words in conversation that don’t have the letter E (the most oft-used vowel in the English language) in them. It’s excellent work that will get you thinking in new directions.
  
  
• Add a series of one-digit numbers in your head . . . fast. Quick! What’s 8+6+9+3+2+4+7?
  
  

Take a class.
Learning something new can help you look at the things you already know how to do from a completely different angle.

Freewrite.
Freewriting is the act of picking a topic, setting a timer for a short amount of time, and writing as fast as you can without stopping to edit. It flows best if you do it with a pen and paper rather than on a computer. The timer adds some pressure to keep writing, forcing your brain to think creatively instead of conventionally.

Draw a picture.
You don’t have to know how to draw, pick up whatever tools you have on hand (even crayons!) and tap into a completely different part of your brain. It can free your thoughts.

Mindmap.
Write a word or phrase. Draw a circle around it. Draw a branch and a related word or phrase. Circle that. Repeat. The practice unlocks ideas. You can find examples here.

Take a walk.
A Stanford study revealed that walking frees your creativity both during the walk and for a short time after. Give it a try!

This article was originally posted on Grammarly.com/Blog and reposted with permission.

— Career Decisions

Dear Career Decisions:

One of the greatest things in life is knowing what you want.  You have discovered that the journey becomes such a pleasure that it is not like work at all.  

What a great idea to have a mentor when you love your profession so much and are ready to commit! 

There are two things you need to know about having a mentor. One is what a mentor can do for you and your career and the other is your role in this relationship. 

A mentor is a sounding board. A mentor is there to listen and advise, not to tell you what to do.  Your job is to bring your questions and circumstances to the mentor as well as solutions to the issues.  

Mentors have experience and vision.  A mentor can point you in the right direction to help you take the next step that will move you further in your career.

You must respect the relationship with your mentor. A mentor can introduce you to the right people to help your career and should you take a project or job with that team, your duty is to behave professionally.  That means don’t have a hissy-fit and quit the next day. It reflects badly on you and your mentor. 

NALS can help you find a mentor through the interactive community online, through meeting people at the conferences, and of course on Facebook. 

Working with a mentor demonstrates a long-term commitment to yourself, your career, and the relationship.  Your mentor could be your friend for a lifetime and you will be able to develop your own career with a little nudge and the experience from the mentor in your pocket.  One day you will be a mentor too.

Wyoming (1869), Utah (1896), Colorado (1893), Idaho (1896), Washington (1910), California (1911), Oregon (1912), Arizona (1912), Kansas (1912), Alaska (1913), Illinois (1913), North Dakota (1917), Indiana (1919), Nebraska (1917), Michigan (1918), Arkansas (1917), New York (1917), South Dakota (1918), and Oklahoma (1918).³

However, note that Wyoming was the first territorial legislature to officially place women’s suffrage into its laws in 1869 with almost no controversy or discussion. The bill was introduced by William H. Bright, President of the Council of the Wyoming Territorial legislature (and a saloonkeeper from South Pass City, a frontier mining town nearly as big as Cheyenne, WY, at the time). Early opinions of the bill viewed it as a bit of a joke by many, yet it was noted that it might well draw more women into Wyoming to balance the dominant male population of that time. That law reads:

 
Female Suffrage - Chapter 31

 
An Act to Grant to the Women of Wyoming Territory the Right of Suffrage, and to Hold Office
Be it enacted by the Council and House of Representatives of the Territory of Wyoming:
Sec. 1. That every woman of the age of twenty-one years, residing in this territory, may at every election to be holden under the laws thereof, cast her vote. And her rights to the elective franchise and to hold office shall be the same under the election laws of the territory, as those of electors.
Sec. 2. This act shall take effect and be in force from and after its passage.
(Approved, December 10, 1869.)

So, on September 6, 1870, Louisa Ann Swain of Laramie, Wyoming, became the first woman to cast a vote in a general election. American social reformer and women's rights activist, Susan B. Anthony, was predictably delighted with all of this. Approximately one thousand women were eligible to vote in Wyoming, and most of them turned out to vote.

Wyoming’s woman suffrage bill graciously gave women the right to vote but also gave them the right to sit on juries and to run for political office. The law was not without resistance in some quarters but prevailed in the end. In fact, “1870 is when Esther Hobart Morris became the first woman to hold public office as a justice of the peace in South Pass City.”⁴  The U.S Congress even attempted to remove the suffrage clause from Wyoming’s charter, but Wyoming retaliated by threatening to refuse to become a state should that occur. Wyoming’s legislature firmly declared, “We will remain out of the Union one hundred years rather than come in without the women!” In 1890, Wyoming became the 44th state and the first state to boast full voting rights for its women. 

On May 22, 2018, Wyoming Governor Matt Mead, Secretary of State Ed Buchanan, and the Wyoming Department of Transportation designated a 19-mile stretch of Highway 28 in Fremont County as the "Wyoming Women's Suffrage Pathway." Secretary Buchanan said the location of the marker, a few miles from South Pass City, is exceptional because of the history in that community.⁵ 

In 2019, the state of Wyoming will mark and celebrate the 150th anniversary of women's suffrage in the state. To this day, the ladies of Wyoming continue a strong legacy of female empowerment and leadership.

1. Mary Schons, Friday, January 21, 2011, https://www.nationalgeographic.org/news/woman-suffrage/
2. Tom Rea, Published: November 8, 2014, https://www.wyohistory.org/encyclopedia/right-choice-wrong-reasons-wyoming-women-win-right-vote
3. Schons, Ibid.
4. Caroline Ballard, May 18, 2018, http://www.wyomingpublicmedia.org/post/highway-designated-wyoming-womens-suffrage-pathway#stream/0
5. Ibid.
   
    
   
   

So how can you pause to determine whether an offer is really worth it? Luckily, it’s easy to do with Glassdoor’s How to Get a Job guide. It offers a bevy of questions you can ask yourself to assess the offer, gives tips to help you negotiate, and it even provides a complete email script for sending your initial negotiation email you can use word-for-word.

Here, we’ve distilled the basic steps you need to take to assess any offer and how to begin a negotiation with a potential employer. It doesn’t have to be intimidating with these steps!

Ask the right questions.

When you receive a job offer, you need to hit pause long enough to ask yourself questions before you give an answer, according to Glassdoor’s guide—and Elizaga totally agrees.

“It is crucial to take a step before taking a leap,” she says, advising that you first ask, “is this job what you want to be doing? And does it align with your skills, talent, and purpose?”

Glassdoor recommends you assess the company, post-interview to make sure it seems like a place you would like to work. You can ask yourself, “what’s the culture at this company and how do I fit in?” Elizaga recommends, “I have seen clients take a job where the fit—in the context of their skills and talents with the job—was excellent. But in the end, these jobs didn’t work out because the company’s culture did not jibe with their own moral compass.”

You may also want to evaluate what the upward trajectory, in other words, the possibilities for advancement at this company, are, says Elizaga. “You want to consider not only the wonderful aspects of this job, but where you might rise to in the future,” Elizaga explains.

Look at the offer details.

The next step in evaluating a job offer is to move past the job and look at what is also being offered in the pay and benefits package. Glassdoor suggests you ask yourself the questions, “does the salary align with what you were expecting [and] do the benefits offered feel fair and reflect what you were looking for?” With the answers, you’ll know whether to negotiate.

Negotiate like a pro.

The idea of negotiating can be unnerving to many people, but it doesn’t have to be difficult.

According to our guide, “one of the worst things you can do during salary negotiation is just make up a number. By backing up your ask with research, you’ll likely feel more confident about making it.” Luckily, you can use Glassdoor’s Know Your Worth™ salary calculator to discover the job’s average pay range. “It’s important to know what is reasonable for the market,” Elizaga agrees. That’s because, in part, “you don’t want to be negotiating for more when, in fact, what you are being offered is entirely reasonable and/or generous,” she says.

Of course, you don’t want to focus on salary alone. Before you begin your negotiation, think about whether the other benefits—vacation, commissions, bonuses, stock options, and so on—are appropriate and appealing, or could be tweaked to make the offer even better off.

Then, “when negotiating, think about what value you bring to the table, rather than how their first offer is deficient or not enough to cover your lifestyle,” advises Elizaga. “Consider the offer from the employer’s point of view. What are they getting for the compensation that they’re offering? If you think you contribute more value than the compensation would indicate, then definitely ask for more.” Or ask for an expansion of their benefits package.

Lastly, “when going in to negotiate, have a strategy and be entirely comfortable with what you’re asking for,” she says. Employers can tell when you don’t believe your own story. You’re much more likely to get what you want when you emphatically believe your value.”

This article was originally posted on Grammarly.com/Blog and reposted with permission. You can view the original source here. 

The nightmare setup looks something like this . . .

You are the last one to walk into the companywide meeting on Monday morning. There are no donuts left. The only open seat is next to your boss. The atmosphere is, somehow, already tense—and you’ve forgotten to bring your report.

What’s worse: this meeting or having a cavity filled?

Okay, so maybe meetings aren’t always that bad. But they aren’t always the easiest place to express your opinions, either. If you’ve ever felt self-conscious speaking up in a meeting, you aren’t alone.

Meetings are the most common workplace setting where people are rendered speechless by nerves. But don’t write yourself off as an introvert just yet. Even people who regularly voice their concerns can struggle with being ignored or overpowered by bigger players in the meeting room.

With these tips, you can learn to articulate your thoughts and convey your ideas, no matter the meeting’s situation.

Master Your Meeting Prep

Once you have the meeting’s agenda, find something on it that you can speak confidently and passionately about. If you have a budding opinion about one of the agenda items, develop it into an insightful, practical statement. This way, you’ll feel more self-assured going into the meeting. Strive to put a new idea out there first.

If you’re absolutely stumped going into a meeting—well, first, maybe you shouldn’t be there. Second, you can offer one of these three typical meeting-style responses as you partake:

• Ask a question
•  Repeat what’s been said in your own words
• Comment on what you’ve heard

Armed with a prepared response, you should arrive five to ten minutes before the meeting kicks off. Make small talk, find a seat, and settle in. You’ll be more comfortable with your own voice if you are comfortable in your surroundings. Once you’ve already spoken with people in the room, you’ll be more likely to speak up again.

Don’t Put Yourself Down

As human beings, we’re prone to speaking in negatives. Psychology calls it our brain’s “negative bias.” Think of how many times you’ve heard someone begin a statement with, “This might not be relevant, but . . .” or “I’m not sure this is right, but . . .”

When you begin a statement with a negative phrase, you automatically cast doubt upon your words. If you don’t believe in yourself and assert your ideas, nobody will. Think about it: whom do you look up to or view as a mentor? We bet they speak passionately, igniting an urge within you to believe and discover their same opinions.

While we are hardwired for negative bias, we don’t have to let this predisposition eclipse our words. Every meeting gives you a chance to reinvent yourself. Even if you’re not the office optimist, you can express your ideas any way you’d like. Be affirmative and tell it like it is.

Avoid Those Qualifiers

In a similar way that speaking negatively deflates your words, qualifiers add another, subtler layer of doubt.

Do you use words that lessen the impact of your ideas and opinions? Words that limit or enhance another word’s meaning are called qualifiers. Overusing qualifiers affects the specificity and certainty of your words, leading people in the meeting to dismiss your opinions.

Be aware of the qualifiers you use—both in e-mail and in conversation. Using the following words will automatically weaken your statements:

• Actually
•  Just
• Almost
• Kinda / Sorta
• Sorry
• Maybe
• I think / I feel

Voicing sentences ridden with qualifiers will immediately make people question your credibility. Have a coworker listen to you speak. If your statements always include an unconscious qualifier or two, you should make a conscious effort to dispel them from your speech.

Practice Makes Persuasive

If you’ve really struggled to find your voice, start small. Speaking once or twice each meeting is good practice. Even if you’re in a smaller meeting, you can still challenge yourself. The more you speak over time, the more confident you’ll become.

Once you banish negativity and qualifiers, adopt some phrases that are clear and commanding. Phrases that are direct, like “Here’s my idea” or “I recommend,” will make a big difference in how people respond to you. Be mindful of your tone, but know that your thoughts are worth sharing.

Be aware of how quickly you speak and try your best to enunciate. In combination, practicing vocal clarity will translate to a newfound vocal confidence. Slowly but surely, using “power language” instead of passivity will give you new authority in meetings.

This article was originally posted on Grammarly.com/Blog and reposted with permission. You can view the original source here. 

Heidi works as a legal assistant at Foster Swift Collins & Smith, PC in Lansing, Michigan, where she has been for eight years.  She generally works in litigation and has back-up knowledge in municipal finances.  She describes the move from municipal finance to municipal litigation as a career highlight and says “but every day is a highlight.” After 20 years in the legal field, she has had many highlights in her career and the best ones are the most recent.

The first boost in her legal career when she was about to get a promotion in her job from receptionist to secretary at Dickinson Wright, PLLC in Lansing. “My boss at the time suggested that I join NALS to learn more about the legal field and to get acquainted with those in the legal community. I am forever grateful for her suggestion.”  This membership in NALS has allowed Heidi to “have a broad range of legal education and, through networking, has opened doors to friendship and sponsorships that may not have been otherwise possible.”

Her career in NALS has been highlighted in her service in the three levels of the association.  Currently, in her local chapter, NALS of Lansing, she is the Treasurer.  She has also been President twice and served as Vice President, Treasurer, and on several committees. The local chapter does many community service projects. “This year we will be visiting the Capital Humane Society as well as serving a meal at the Advent House, a ministry that brings together people of all faiths to give hope to impoverished and homeless people.”

In the state chapter, NALS of Michigan, her service is similar to the local chapter. She is currently Treasurer (for the second time), has been President, and has served on several committees. Heidi feels her greatest accomplishment in NALS is being state president and before that receiving the NALS of Michigan Legal Professional of the Year Award in 2017. Another highlight on the state level was working with the state chapter to produce the Visionary 5K Challenge that initiated and promoted the NALS of Michigan Scholarship Fund. Heidi said it “was a lot of work with marketing, planning, and hosting the event.”  Heidi says, “The Vasa pathway in Acme, Michigan is a beautiful area and a ‘must see’ while in Michigan.”

Heidi’s favorite project was when NALS of Michigan hosted a Murder Mystery CLE camping event in Covert, Michigan. Engaged members and guests had to solve the mystery, which included evidence gathering, jury voir dire, and putting the pieces together to determine who the murderer was—all while camping in a rainstorm!

On the national level in NALS, Heidi is a Cheerleader! The year Kathie Amirante was introduced as president in Tulsa, Heidi lead the cheer:

Here ye (yeah); here ye (yeah)

This meeting shall come to order.

What multi-level organization

That is sweeping the nation?

NALS; Hear it again, NALS

If you are looking for legal education

Or professional certification

Where do you go? You know!

NALS; Hear it again, NALS

With their online learning sessions

And their networking opportunities

NALS offers it all in one great fashion.

I am a member, he's a member,

She is a member, we're a member

Wouldn't you like to recruit a member today?

Be a member, be be a member.

NALS (Yeah)

Heidi describes what she has gained through NALS membership, especially as a leader, “has personally assisted me to understand what makes a good role model and how to interact with others.”  Heidi loves to mingle at NALS events. “I like meeting people and enjoy hearing stories of our members and guests on which roads led them to where they are today.”

Heidi’s favorite activity in all of NALS is education, especially learning new technological advancements, as she remains a student at heart. She feels that NALS has given her a second family and says that “participation is key to your success.”  The best advice she has been given in legal work is to not take anything personally and to remember that “everyone has an ego. It’s what you do with it that matters.”

Heidi is “married to a loving supporter, Michael Hopper, for 19 years and they have one child, 10-year old Taylor, unless we count our one cat, Tom, and one dog, Tiger.  My son and I are planning an overnight hike and kayak trip this summer.” Her spare time is spent with family—camping, biking, skiing, eating and playing games. She also likes to unwind with a book and a glass of wine.  Her favorite book is The Art of Racing in the Rain by Garth Stein. “It gives a perspective of life through communication, love, loyalty, and hope between pets and family.”

Heidi has other interesting hobbies too.  She plans to do a wood painting and transfer a picture of her father for his gravesite. She would love to create concrete hummingbird feeders for friends.  In the immediate future, she wants to build a bench to sit on while soaking her feet in the pool.

One thing has not changed in four years. This quote from Heidi’s NALS Member Spotlight, March 2014:

Heidi says “NALS remains top notch in a competitive market for legal education which, in turn, will provide and improve opportunities to enrich staff, legal secretaries, paralegals, attorneys, human resource administrators, and others in preparing them to perform well in their jobs. The value of my NALS membership is never ending—from legal education, social marketing, social outings, and the available information from those across the country is simply priceless! Thank you NALS for allowing me to be a part of this significant family!”

I work in a relatively small law firm with three attorneys and three legal assistants.  Two of the bosses were out of town today when one of the legal assistants was fired.  I was assigned the duty of getting her files and other tasks in order before her boss comes back.  It turns out that she was a real mess, disorganized and only did what she had to do and didn’t file anything back in the file room.  I even found unpaid bills!  I’m worried that I won’t be able to get all of this straight with the duties that my boss assigned me before he left.  Can you help?

--Afraid in Alabama

Dear Afraid in Alabama:

Sometimes you just have to face what has been given to you.  I can tell you that it will probably take more thinking power than doing power to get things in order.  Wouldn’t it be great if you could get it done and ready for signatures by the time the attorneys get back? You can do it!   

The most efficient way to begin tackling this mess is to put like items together before processing.  You will need a space to spread out the stacks of paperwork, some sticky notes, and a pencil. Gather all the things that need to be done from the fired person’s desk and try to think about how you can group all of the documents and files into categories such as bills, documents to proof and sign, ready to file, ready to mail, etc. Write the category name on a sticky note and make room to build groups of like items. Pick up one document or file at a time, write the due date in pencil on the top right of the first page and place in the appropriate named category for processing. If there is no due date and it doesn’t fit in any of the categories and must be processed before going to the file room, make a separate stack for that. If there is no due date needed (not urgent), it will need its own stack too. This is the one that you will do last.

Then you will gather up each category in a stack for processing.  Pick up a stack and organize it in date order from oldest due date (on the top of the stack) to the newest (on the bottom of the stack).  Do that with every stack.  Look for the oldest date of all the stacks.  That is the category that you will complete first (urgent). Items for the file room are not as urgent and can wait a little longer.

The purpose of this process is two-fold—you will feel like you are in control of the situation and you will only have to think about the steps for each task one time. There is something about repetition that will help you move through the stack with ease.  After you have completed your part of all items in that stack, then take it where it needs to go for the next step, which is usually the boss’s office. 

Next, look for the oldest date in the remaining stacks and start again with that one.  The stacks with no due dates are not urgent, but still need to be handled.  For the one that still needs processing, assign a date to complete it.  For the final stack that needs to be filed in the file room, schedule 30 minutes at the end of the day on Friday to file these documents.

After you get a grip on the paperwork you inherited, it will probably make your job look easier. You will know exactly what to do to get ready for your boss’s return.  Be brave.  You can do all of this and more.

Balance and self-care are vital to one’s mental and physical being, so we must fuel ourselves appropriately.  Sleep, diet, and exercise on a daily basis are essential components of a proper life balance. The lack of either inhibits our power source, the mind, as well as our relationships, both personally and professionally.

Everyone has different areas of focus in their daily lives, but should you find your time is primarily spent in just one area (i.e., work), try using the following methods to achieve more balance in your life.

1. Utilize A Schedule. Planners and calendars can work, but be sure to include your self-care: exercise, down time, date night, family night, not just your task schedule and to-do lists.  Block the time and stick to it.
   
   
2.  Be Spontaneous. Intentionally schedule a day, night, or weekend when nothing is scheduled. Do something fun locally, set the mood, and be creative.
   
   
3. Know When To Say Yes And No. Be careful not to go overboard by being a giving person. Be careful not to burn bridges--bow out gracefully by explaining your situation – time constraints, prior commitments, etc.  “I wish I could help but I am stretched too thin right now. I may be able to donate some time next month if that will help.”  You may also know of someone else who would be willing to help, provided you have contacted them in advance.
   
   
4. Check In With Yourself. Hello self!  How satisfied are you?  Are you happy with the direction you are going?  It is important to know what you want, so break away from the hustle and bustle of life and tune in to your feelings.
   
   
5. Prioritize Self-Care. You must put your self-care first, providing strength to manage the stress in life that comes your way.  Fuel your mind and body with a healthy diet and exercise.
   
   
6. Focus On A Balanced Week. Every day is not always perfect, so when the unexpected happens, and the boss needs you to work late, be sure to compensate yourself by shifting your schedule to add back the time and maintain your life balance.
   
   
7. Document How You Spend Your Time. Create more free time by mapping out how you spend your time.  Keep a daily record for a couple of days, at 15-30 minute intervals, to actually see how you spend your day, just like you make a budget to track your spending.  Use the information to make small shifts when necessary to afford yourself time to do other things of your liking.
   
   
8. Focus On The Good Relationships. Think about your relationships to bring more balance to your life.  Time is money, as they say, so if someone in your life is taking away energy from you, you might want to re-evaluate the relationship.
   
   
9. Stick To Set Work Hours. Leave the work at work!  This does not mean leaving tasks unfinished.  Designate your time appropriately during the day to meet deadlines and avoid the stress of finishing on time.
   
   
10. Picture What You Want In Life. See the big picture!  At the end of the day, what were you the most happy about? Did you wish for more?  Reflect back on your current life and see if you are in alignment with your life goals and aspirations.
    
    
11. Ask For Help. Sometimes it is impossible to do everything on your own and a call for help is not a sign of weakness.  Seek out a support system, ask your spouse, friends, or a family member to help out in some area, giving you more time to spend with them!

It’s a win-win!

Pronouns are words that substitute for nouns and other pronouns. Personal pronouns are what we will be talking about here and they indicate the person speaking, the person spoken to, or the person or object spoken of. It is the I, you, me, they, he, she, it of English. You typically choose the pronoun based on the person it is replacing. For instance:

·       She said it was too early (when she means Mary)

·       He drove his car like a maniac (where he means Bob).

The challenge comes with reflexive pronouns, which are pronouns that end in -self and reflect back on the pronoun previously mentioned. For example:

·       Mary said that it was hard to get up by herself 

·       Bill drove the car himself.

What is NOT correct is using the reflexive pronoun alone without it being able to reflect back on the pronoun. So, for instance, saying:

·       If you have any questions, talk to myself.

·       Tony and myself will go shopping for dinner today.

is not correct because in both places. Myself has nothing in the sentence to reflect back to. It should be:

·       If you have any questions, talk to me.

·       Tony and I will go shopping for dinner today.

Further examples are:

·       Send the meeting minutes to Bill and me (not myself) for approval 

·       Sue and I (not myself) are ready for vacation.

As for when to choose me and when to choose I, a little bit of adjusting and testing will make it easier to make the correct choice. For instance, in the sentences above:

·       If you have any questions, talk to me. You would say “talk to me” not “talk to I” and not “talk to myself,” so it should be “talk to me.”

·       Tony and I will go shopping for dinner today. If you were going by yourself, you would say “I will go shopping,” not “me will go shopping,” so “Tony and I will go shopping” is correct.

·       Send the meeting minutes to Bill and me for approval. Again, if you take Bill out, you would ask people to “send the meeting minutes to me for approval.”

·       Sue and I are ready for vacation. Take Sue out and you would say “I am ready for vacation.”

I hope all this makes it easier for you to use the proper reflexive pronouns when you’re talking about yourself (see what I did there?). Otherwise, I will continue to bang my head against the wall at hearing “myself” used inappropriately.

burden of persuasion. (1923) A party’s duty to convince the fact-finder to view the facts in a way that favors that party. • In civil cases, the plaintiff’s burden is usually “by a preponderance of the evidence,” while in criminal cases the prosecution’s burden is “beyond a reasonable doubt.” – Also termed persuasion burden; risk of non-persuasion; risk of jury doubt. – Also loosely termed burden of proof.

burden of production. (1893) A party’s duty to introduce enough evidence on an issue to have the issue decided by the fact-finder, rather than decided against the party in a peremptory ruling such as a summary judgment or a directed verdict. – Also termed burden of going forward with evidence; burden of producing evidence; production burden; degree of proof. ¹

Burden of Proof in a Civil Lawsuit

When an individual files a civil lawsuit against someone else, the burden of proof rests on his or her shoulders. When the parties go to court, they each have an opportunity to tell their side of the story. Of course, if that was all that was needed, nearly every case would end in a “he said / she said” situation. The party who filed the lawsuit, called the “plaintiff” or the “petitioner,” must prove that the things alleged in the lawsuit are true and that the other party, called the “defendant” or the “respondent,” caused harm or damages.

The standard to which the plaintiff must prove his case in a civil lawsuit is quite different from the standard of proof required in a criminal case. In a civil case, it need only be proven by a preponderance of evidence, which means that it is more likely than not that the defendant’s actions caused the plaintiff’s damages. There are some types of civil cases that are considered to be more serious. These cases must be proven by clear and convincing evidence, which means that the evidence presented against the defendant must have a high probability of being true.²

Burden of Proof in a Criminal Case

In a criminal case, the accused person is by law assumed innocent until the prosecution proves that he is guilty. The burden of proof in a criminal case rests on the prosecution, with no requirement that the defendant prove that he is innocent. The standard to which the prosecution must prove the defendant’s guilt is much higher than in a civil case, as the defendant’s freedom is often at risk. In a criminal matter, the prosecution must prove, beyond a reasonable doubt, that the defendant did the deed.

There are a few circumstances in which a defendant may want to take action in proving his or her innocence. If the defendant wishes, for instance, to make a claim that he is not guilty by reason of insanity, the burden of proving that he was insane at the time of the crime rests on the defendant. Claims of duress or self-defense also require the defendant to prove the circumstances. ³

Again, the legal concept of the burden of proof encompasses both the burdens of production and persuasion. Burden of proof is often used to refer to one or the other. Burden of proof and burden of persuasion are also sometimes used to refer to the standard of proof.⁴

Shifting Sands of Burden

When the prosecution establishes a fact that tends to prove an element of a crime, the burden essentially switches to the accused, not necessarily to disprove the fact, but to raise a doubt about it. The defendant need not raise a doubt about every fact that the prosecution tries to prove—creating enough doubt about any point that’s crucial to a guilty verdict will suffice. Of course, the more convincing the fact is, the tougher the defendant’s burden is.

For instance, suppose the prosecution shows that, when searching the defendant, the police found a watch that store records reflect as stolen. In defense of a burglary charge, the defendant would probably have to give a plausible explanation for possessing the watch legally. By producing a receipt or testimony that the watch was a gift, the defendant would essentially shift the burden back to the prosecution. ⁵

Generally, the prosecution has the burden of proving every element of a crime beyond a reasonable doubt. But while a defendant isn’t required to prove innocence in order to avoid conviction, the prosecution doesn’t have to prove guilt to the point of absolute certainty. And despite the general rule that the prosecution bears the burden of proof, there are instances when the burden shifts to the defendant. ⁶

Juvenile Dependency Hearings: Burden of Proof

In nearly all cases where a government agency such as CPS (or DHS in Oregon) files allegations against you, that agency has the burden of proof. It is the job of the juvenile attorney experienced in juvenile dependency law to protect and fight for the client and against the allegations that are lodged against the client.

Standards of Proof in Juvenile Dependency Court

      Preponderance of the Evidence

Proof which is of greater weight or more convincing than the proof that is offered in opposition to it; that is, proof which as a whole shows that the fact sought to be proved is more probable than not. This is the standard of proof in Juvenile and Dependency cases including Jurisdiction Hearings.

     Clear and Convincing Evidence

Proof that results in a reasonable certainty of the truth of the fact or assertion in controversy. This is the standard of proof that is used in Juvenile and Dependency Court for disposition hearings. If the county CPS agency is seeking a disposition of family reunification over your family, the burden of proof rests with that government agency.

Real World Meaning: The burden shifts again to the county; their proof must be 70-80% more convincing or stronger than that of the opposing party (you).

     Reasonable Doubt (NOT used in juvenile court) ⁷

Juvenile proceedings are civil as opposed to criminal. Instead of being formally charged with a crime, juvenile offenders are accused of “committing a delinquent act.”

Conclusion

In summary, the burden of proof refers to the duty of a party making a claim to prove that the claim is true. The phrase is most commonly used in the context of criminal trials, where the defendant is presumed innocent until proven guilty. In a criminal trial, the obligation to prove the defendant's guilt belongs to the government. In a civil trial, it's the plaintiff (the party making a claim for civil damages) who carries the burden of proof. Because the burden of proof belongs to the party making the claim, the party against whom the claim is made is under no obligation to prove their innocence or to prove that their position is the correct one.

It's important to remember that burden of proof doesn't only refer to the amount of evidence presented. Rather, the quality of the evidence produced is as important as the amount of evidence presented. ⁸

—Stay Certified or Not in Cleveland

Dear Cleveland:

Where there is a will there is a way and fortunately for you, NALS has many ways to stay certified thanks to their online presence. There are so many ways for you to get CLE and most of them are on your own time.

Education is something that no one can take away from you. You can lose a job, a house, a car, etc., but no one can strip you of your knowledge. Your certification not only expresses your expertise in the field but your experience—a truly precious commodity in the legal field. You are not just another ‘assistant’ or ‘secretary’; you are a legal support professional—an earnest, worthy investment for any attorney or law firm. By letting your certification lapse, you are essentially cloaking a beacon of legal expertise and education.

First, look at what is required for your recertification and I’m sure you will find a way to get the credits you need. You worked hard to become certified and it is worth it to keep it—for now and for later!

Here are some suggestions:

• Register for a webinar at NALS. A list of upcoming webinar and continuing legal education (CLE) events can be found at NALS.org/Events.
  
• Read the @LAW magazine and take the respective quiz to earn education hours. 
• Write an article for the NALS Docket eNewsletter. I know you can! You have a lot to say. You could talk about your NALS experience as a non-traditional legal person and what this has meant to you personally and for your job. Tell us about your local NALS chapter’s volunteering experience and your role as an officer. What is your proudest accomplishment at NALS and how has that impacted your life on the job? How can this information help other members? How have the skills that you gained from NALS helped you? How have your connections in the association helped you in your job, in NALS, and in your life? Docket newsletter article are 1000 words. These tend to be more personal in nature, but not necessarily.
• Write an article for NALS @LAW. These articles are 2000 words about the law in action or the law itself. If you have ideas for an article, members of the NALS Editorial + Marketing Board will be happy to work with you to develop some article ideas. The goal is to get the most out of NALS.
• Do you have mandatory classes that you have to take for your job? You can always send information on that to the Certification/Education Manager at NALS to see if it qualifies for CLE credit.
• Teaching a session through NALS or through your chapter. You receive 4x the CLE credit for hosting or teaching a webinar/seminar/or workshop and, yes, this includes prep time.
• If you enjoy reading or writing, you can always do self-study. You can earn up to 5 CLE credits for doing so.
• Attend an online membership meeting. They are free and you can earn up to 2 CLE. Visit NALS.org/NOMM for all upcoming dates.
• Stay active on our NALS social feed. The NALS Certification/Education Manager releases online certification quizzes over various areas of substantive law
• Attend a conference. NALS conferences are notorious for being fun learning environments for all attendees. You will have time to meet the NALS Board of Directors, NALS Resource Center Staff, and NALS Pals from across the nation! NALS.org/PHX18
• If you have the time to volunteer, you can join a national task force to earn CLE on certain tasks. 

And if ‘life happens’, just reach out to the NALS Resource Center and request an extension. NALS Resource Center will do anything in its power to help you succeed and maintain your certification.

Typically, if you are talking about the entity as a unit, you use singular verb:

• The committee meets on the third Thursday of each month.
• The firm has earned many accolades.

If the entity is a company, it is usually treated as a unit. Just be sure that you carry the treatment as singular or plural every time you are talking about that entity. For instance:

• ABC Corporation has ended its lease term. It is now looking for new office space.
• NOT: "ABC Corporation has ended its lease term. They are now looking for new office space." This example is inconsistent in treatment. If you are going to treat ABC Corporation as a single entity, then it is looking for space.

If you want to emphasize that the members of the entity are acting independently, then a plural verb is correct:

• The committee left the meeting together.
• The staff have successfully staggered their vacations.
• The jury left their notes in the jury box.

To help figure it out, replace the entity with "it" and replace members of the entity with "they" to make sure you are using the right verb. Using the examples above, replace the entity with the word in parenthesis to see how it works:

• The committee (it) meets on the third Thursday of each month.
• The firm (it) has earned many accolades.
• The committee (they) left the meeting together.
• The staff (they) have successfully staggered their vacations.
• The jury (they) left their notes in the jury box.

Strategist is defined as a person who is skilled in making plans for achieving a goal or someone who is good at forming strategies.  So the question is: What can a strategist do for your membership? It is a vital competency for any organization. 

A strategist must set the stage for why strategy is an essential leadership responsibility while providing support and structure to any vision and concept.  Leaders with this quality want to develop the framework to use what is meaningful and adapts with change.

A strategist brings forward a plan and challenges other leaders to embrace it as a core value accompanied by enduring action. Strategy is not something to hand-off to someone else and it is not a shelf article, safely stored away.  Strategy and leadership need to be filled with purpose, consistency, and dynamism. Many leaders have not thought about their own strategies in a very deep way. Often, there is a curious gap between their intellectual understanding of strategy and their ability to drive those insights home.

Some leaders view strategy as something others do, something a consultant does.  If different levels within an association are to know what to do, how to do it, and why they should do it, then leaders need to develop a real, meaningful strategy that is attainable and actionable.

Change is the only constant. So strategy should be able to be adapted as conditions change. A strategy needs to be agile, re-visited, and made a part of an ongoing conversation and action. The strategist's responsibility is to ensure its adoption throughout the organization.  A strategist creates and supports a productive plan that incorporates members' interests in ways that promote leadership development.  The structure and forces of the association  will not change just because the strategist wants it to.   A strategist  needs to incorporate the structure of the membership in which they serve and determine how to navigate the plan of action.  The structure may not change, but membership can adapt. So, when the strategist makes decisions, he or she needs to be humble and seek out new perspectives.  Securing buy-in for any new plan is crucial to the strategist's success.  He or she knows the dynamics of the association and that failure could be an option, but the strategist refuses to accept failure as he or she works through the obstacles to produce a new plan. Remember courage creates change.

The LIC is looking for courageous strategists to serve at every level within NALS.  

If you have questions, please contact Brandi Hobbs, ALP; Kerie Trindle Byrne, PP, PLS, CP; Sherry Baran; Cathy Zackery, CLP; and Charniece Rollie at LIC@nals.org. 

If you or someone you know is interested in serving on the NALS Board you can find additional information along with the application here. Deadline August 1, 2018!

I’ve worked as a temp for a long time as a data entry person, receptionist, and typist for various legal offices.  Recently I had the opportunity to fill in for a few weeks at a law office as a legal secretary and as it turns out the person I was covering for won’t be back. The office has just hired me as a legal secretary and I’m so excited!  I want to do a good job and feel like there is so much to learn to succeed in this position. Can you give me some advice on where to start to build a career in a law office?

Sincerely,

So New in New York

Dear So New:

It sounds like you have a natural ability to become a great legal secretary and the fact that you care will guarantee you a wonderful career in this interesting profession.  The first thing you need to know is what is expected of you in the office where you work. That means you need to have a conversation with your immediate supervisor and the office manager and/or human resources person.   

The next step is to read the American Bar Association’s Model Rules of Professional Conduct because your attitude and behavior reflects your boss and the office.  Your attorney boss is responsible for your conduct and strictest confidentiality must be kept in your work. 

It is a good idea to have access to the Rules of Civil Procedure and your local rules, found on your county and state courthouse websites. One crucial skill to focus on is proofreading. You have to be exact on dates, grammar, and punctuation within the various court guidelines.  For a quick reference, see the current edition of the Gregg Reference Manual and http://proofthatblog.com/ by Kathy Sieckman, PP, PLS-SC, ACP. As part of proofreading, you will also need to know the proper way to type citations.  For this, refer to The Bluebook.  These are books and resources that you need to have at your desk, along with Black’s Law Dictionary.

One of the greatest resources is to get involved in your professional organization, NALS…the association for legal professionals.  Your local chapter will help you establish connections with other legal professionals and provide educational opportunities too. The NALS website gives you access to publications, upcoming classes, reference materials, and great networking opportunities.  You can arrange for a mentor to guide you in your work and your career.

Examples of other resources include The Paralegal Mentor, Vicki Voison’s website; Paralegal Today Magazine, which should be later on your list, and remember to check to see if your local college has a paralegal studies program; the podcast, The Paralegal Voice, with NALS' own Carl H. Morrison, PP-SC, AACP; and various Facebook groups including NALS local and state associations and other groups that you can find by searching for 'paralegal.'

From time to time, NALS offers wonderful training events, The Basic and The Advanced Legal Training Programs, which you should take in order. These programs will teach you about the law and your role as a legal assistant as well as prepare you to test for certification through NALS. The NALS Paralegal Certification is a program that is approved by the American Bar Association.

All the best to you in your new chosen profession. You will love it. Every day there is so much to learn.

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 Oakhurst Dairy drivers who brought the case had asked for $10 million. Court documents filed last week indicate the case was settled for $5 million. All for the want of a comma . . .

Charniece was first featured in the NALS docket eNewsletter in 2013. A lot has happened in five years. Legal careers can take many turns and experiences with NALS can grow too. Charniece has served in various capacities on the local, state, and national levels of NALS. On the local and state level, she has served as President, Vice President, and Secretary. She was the Membership Director for her home chapter, HALPA, the Heart of America Legal Professionals Association and Editor of The Briefcase newsletter for her state chapter, NALS of Missouri. Her favorite local and state event is the annual meeting when the newly elected officers are installed.

She joined NALS because she was interested in the organization and because of old and new friends. She said then she wanted to gain more knowledge about what NALS had to offer and now she continues to take advantage of the educational conferences.  “It is a great tool for furthering your career. NALS helps me to stay in contact with people.  If I have a question about anything, there is a connection, there are resources that I can use either to get my questions answered or just to have a friendly conversation.” 

She stays connected with NALS members from her local and state chapters too, and feels that this is the most important part of sharing and growing the organization.  Charniece recommends finding out what made the member join and working as a team in the chapter to customize the offerings and communications. “All our members are valuable and have special talents to bring to NALS.”

Charniece is a natural leader with a positive outlook.  Her personal goal with NALS is “to be able to work with an awesome group of people and also to grow as a leader. “  All of this happened when she became a member of a NALS National Committee, where she served on the Webinar Committee and now is on the Leadership Identification Committee.  Charniece feels this is one of her greatest accomplishment at NALS.

Charniece says everyone at NALS is her role model because they are there for the same reason that she is and this is very motivational.  At the national NALS conferences, she enjoys the welcome reception where she gets to see old and new friends and participate in the NALS Foundation Raffles. 

As if a legal career doesn’t keep Charniece busy enough, she has two children, Jasmine 31, and Jereme 26, and two grandchildren, Mario, 4 and Nichyi, 7.  Any spare time she has is spent reading, shopping, planting flowers, hanging out with family, and going to the movies.  Her favorite book is the Holy Bible, “which builds your character, you find out the plan that God has for your life, and teaches you how you should conduct yourself in your everyday life.” Charniece also volunteers frequently at “Harvesters,” the Community Food Network, and is a “Lead to Read” Volunteer at Garfield Elementary School in the Kansas City, Missouri School District.

In 2013, she said, “Leadership is service. Service is leadership. Do what you can wherever you can.” This motto is still serving her well at work, at NALS, with her family, in church, and in the community. This statement truly describes Charniece and her connection to all people.

I imagine that in Eula Mae’s time, being a working woman was much tougher than it is now. She had hurdles we can’t even fathom. According to an American History USA article¹:

. . . [W]ith the rise of the corporate office, a number of other types of jobs opened up. Typists, filing clerks, stenographers, and even some secretarial roles all became possibilities for the ambitious young woman. In an era with absolutely nothing in the way of mass data storage, entire floors of office buildings were filled with the sound of typewriters and filing drawers.

In most offices, desks were lined across a central room in rows, with no cubicle walls and often not even a window. Tasks consisted of things like listening to dictations and typing their contents, of creating and updating ledgers, or of creating bills and sending out requests for payment.

I imagine it is hard in a sea of typists to let your individualism shine, but I have a feeling Eula Mae did that. She took the advice of a court clerk and used that to make herself and her peers better legal professionals.

It is possible to be an individual in a sea of other office workers. Only you can decide that you will be the best you can be. Only you can use your time to learn more about your career. Only you can do whatever you can to make youself better at your career of choice. Only you can use your money, your time, your energy, and your desire to be what some might call the cream of the crop of legal professionals.

You spend so much of your lifetime working that you should spend it doing something you love. If you spend your energy being good at it, it should pay off for you.

NALS helps its members develop their own individualism through CLE, networking, and certification. Having the knowledge and resources to answer questions and solve problems for your firm and your co-workers with information you’ve learned at a NALS conference, meeting, webinar, or printed article help make you part of the “cream of the crop.” Being able to get the name of a process server, get a judge’s specific likes and dislikes for an out-of-state court, or setting up a conference room with people that you’ve met through your NALS membership shows that you are working at this like it is your career.

Studying and sitting for a certification exam is a true show of individualism. The percentage of legal support professionals who are certified is small, so if you are certified, you definitely stand out from the crowd and are showing your “importance and worth.” Will being certified guarantee that you will see an increase in pay? No. But I can tell you that when you obtain certification, it shows your employer or potential employer that this is your career and that you are proving that your interest in learning as much as you can about it. It proves to your co-workers that you are learning as much as you can and can help them learn it too. It proves to you that you are worth it and that you are making a huge difference in your own life. It shows your individualism in improving your knowledge, your network of like-minded peers, and your position in your field among a sea of average legal support professionals.

How do you show your individualism to prove that #IAmEulaMae?

I’m a legal assistant who works for two attorneys in a small office that has a receptionist, paralegal and office manager.  I’ve only been here for six months, but as time goes on, there are more surprises that crop up nearly daily.   I’m not so sure how to deal with these problems and not very comfortable with interrupting the attorneys to ask about solutions because I don’t want to waste their time. Although it is a small office, it is a busy one.  Do you have any advice?

--Hesitant in New Hampshire

Dear Hesitant in New Hampshire:

This is a very important question.  You know bosses don’t really like problems, but they are asked to solve them every day.   The issue of presenting problems is really about planning and management.  There are different types of problems and each requires different solutions.  Problems could be urgent, priority, or your work problems.  An urgent problem must be dealt with immediately and, typically, this would need to be solved by the attorney boss. A priority problem is important but can be dealt with later.  Your problems on the job are also important, but you will need to do the thinking toward a solution first, then present to your boss if needed.  First, we will think this out and then prepare for a conversation with the boss.

To begin preparing for how to present problems to the boss, think about situations that you have had on your job or that could possibly happen. What do you consider urgent and immediate?  What are some examples of problems that are important but could be solved later?  Do you have ideas about problems on your job that affect your performance?  Write these down in the three categories and prepare to have a conversation with your boss on how the boss would like to handle these issues and consider these questions:  What if they are on their way to work, or in court, or going to the airport? What if they are in a meeting at the office? Is there someone else in the office that could manage the problem until the boss is available?

Now, how to manage your problems, issues, or concerns?  One wise boss said, “Don’t just bring me problems, bring  me solutions.”  When you have an issue, think about three solutions to it.  This takes a lot of thought, maybe some research, maybe visiting with the office manager or other legal support people who might have had the same problem.  Remember, this cannot be specific to any client, just a problem in general.  When the boss is receptive and has the time, present the problem and solutions.  The boss will give you a wise choice of a solution and you will both have peace of mind toward a successful outcome.

Having this conversation with your boss could save you both a lot of grief later.  Start by considering a time most convenient for your boss to talk about this and when they might be most receptive.  Do you need to schedule a meeting with them or do they have a more open-door policy?  Be thoroughly prepared for this meeting and you both will have a greater understanding of working together.

• Jeff brings his lunch every day.
• They clocked in each day at 8:00 a.m.
• Each worker worked 50 hours last week.
• Every car in the lot was stuck in the snow.

Another issue people seem to have is every day and everyday. Everyday means commonplace or ordinary as in an everyday occurrence.

• Cooking dinner is an everyday occurrence in my house.

Every day means something that happens every single day or each day. In fact, if you can add the word single between every and day or replace every day with each day, then every day should be two words. If not, then you use everyday.

• She stopped at Starbucks every [single] day.
• The chaos of getting ready for school with five siblings was an everyday occurrence. [you cannot replace everyday with each day so it is one word]
• Her Starbucks stop was an everyday habit.
• Someone was crying every [single] day while getting ready for school.

So here’s hoping writers will stop using “each and every” and practice adding single or replacing with each day to determine the proper usage of every day v. everyday. One can hope!

By Mariane Williamson

Recently I was having a mini attack. I had all these self-limiting beliefs floating around in my mind.   I thought about the lofty goals I had set for myself, disappointments I encountered along the way, and failures I thought I was never going to bounce back from.  For a brief moment all I wanted to do was lay in a fetal position, cry, and feel sorry for myself.  “My goals are really scaring me,” I thought, “ how am I ever going to achieve them?”   Earlier that day I had applied to a program I was hoping to get into and by doing so, all of the sudden I was on  an emotional rollercoaster.  This was the challenge I needed to take my ideas to the next level and for the first time I was scared by the idea of both success and failure all at the same time.  Listed below are some of the thoughts that popped into my mind.  

• Maybe I am not smart enough
• Maybe I am not  good enough
• Maybe this is just out of my league
• What were you thinking?
• What made me think I could do this?
• This was not a good idea

Later that day, while attending a networking event, I was reminded by two different individuals, a friend/mentor and someone I had met the night before, just how truly awesome I am.  As I stood there and listened to both their stories, I realized I wasn’t in this alone, that my career wasn’t going to end simply because I decided to take another path.  I was reminded that:

• I am smart
• I am enough
• This is within my league and, as a matter of fact, it felt silly to think otherwise
• I was thinking about my son and leaving him a legacy
• I know I can do this
• This was a great idea

In that moment I decided I needed to create an I AM AMAZING file accompanied by a picture frame to act as a constant reminder of how amazing I am.  An I AM AMAZING file is a folder that has all my achievements, both personally and professionally.  It reminds me of all the amazing work I have already done, it also has the goals that I hope to achieve in the future along with deadlines and strategies of how they will be achieved.  I also have a picture frame that says “YOU ARE AMAZING.”  We are sometimes our harshest critic, forgetting how amazing we truly are.   

Things to put in the I AM AMAZING file

It should be separated by both your personal and professional accomplishments.  By doing this, you can easily provide documentation of your work to a potential employer, if needed.

• Any achievements or certifications received
• Emails received from a boss or client stating that you are doing a great job
• Projects you have created detailing the impact you have made at work or in the community
• Cards and letters received from friends, family, clients, work—anything that makes you feel fuzzy on the inside

Remember everything being placed in the file is supposed to remind you of your successes—not your failures.  Be very deliberate about what goes in there. 

Work on overcoming your limiting beliefs  

By nature I am a jovial person and an optimist—I try to see the good in everything and everyone until shown otherwise.  I don’t often dwell on failures or regrets.  I am extremely self-aware and can tell you what my strengths and weaknesses are at the drop of a dime.  For others, it might be a bit harder.  Some people see the glass as half full while others might see it as half empty.  I recommend replacing the negative feelings with positive ones.  You have to be honest with yourself about your capabilities and believe you can do it in order to convince someone else that you are capable of getting the job done.  Exuding a certain level of confidence is essential for people to buy into what you are selling. 

Sample—sometimes writing things out makes gives more clarity

Most of us would never talk to other people the way we speak to ourselves so I challenge you to be nice to you.  Create an I AM AMAZING file accompanied by a picture frame to act as a constant reminder of how awesome you are.  Take the steps you need to become self-aware so when these limiting beliefs resurface, you are able to decipher fact from fiction.  Be careful of the stories you tell yourself, Thomas Edison once said, “I have not failed, I just found 10, 000 ways that didn’t work.”  Don’t ever forget how amazing you are.  

In this country, a state does not have authority over someone found in another state. If someone is wanted for a crime committed in Oregon and is found in Montana, for instance, legal arrest can only be made by Montana law enforcement personnel. To make a legal arrest of a person wanted for a crime, and who is found outside the state where the crime was committed, there must be legal cooperation between the two states involved. This a two-step legal process. The first step is the issuance of an interstate arrest warrant. The second step is extradition. ³

Title 18 U.S.C. § 3182 provides the following requirements for interstate extraditions:

• An executive authority demand to the state to which a fugitive from justice has fled.
• The requesting executive must produce a copy of an indictment found or an affidavit made before a magistrate of any state or territory.
• Such document must charge the fugitive demanded with having committed treason, felony, or other crime.
• Such document must be certified as authentic by the governor or chief magistrate of the state or territory from whence the person so charged has fled.
• The executive receiving the request must then cause the fugitive to be arrested and secured, and notify the requesting executive authority or agent to receive the fugitive.
• An agent of the executive of the state demanding extradition must appear to receive the prisoner, which must occur within thirty days from time of arrest or the prisoner may be released.
• Cases of kidnapping by a parent to another state automatically involve the U.S. Marshal.

The U. S. Supreme Court has held that the Extradition Clause applies to felonies, misdemeanors, and even some petty offenses. In the event a state chooses not to surrender a wanted individual, a federal court may order such surrender to the demanding state. ⁴

On another level, international extradition is a process regulated by treaty and conducted between the federal government of the U.S. and the government of a foreign country.  It is not a judicial function; it is an executive function under the U.S. President’s power to conduct foreign affairs. The Extradition Clause of the U.S. government only applies to interstate extradition.  International extradition can only be based on international comity or extradition treaties between nations.⁵ “Extradition treaties are binding on federal and state courts. When an extradition treaty is formed, the parties to the treaty provide the offenses for which an individual can be extradited. Treaties can be given the force of federal statutes even where there is no implementing statute because the U.S. constitution considers treaties as law of the land. . . . Our judiciary, however, can dismiss a foreign country’s extradition request if the charges the foreign government levels against the captive are not crimes in the U.S. The judicial branch can also dismiss an extradition request if the captive has a reasonable fear of facing cruel and unusual punishment or has a reasonable fear that he or she would not face a fair trial.” ⁶

The following website lists some of the countries with which the U. S. has extradition treaties: https://en.wikipedia.org/wiki/List_of_United_States_extradition_treaties

The following website lists some of the countries with which we do not have extradition treaties:

http://www.wsfa.com/story/22665099/countries-with-no-extradition-treaty-with-us

Historically, the first US extradition agreement was with Great Britain in 1794. It was not a full treaty but a single article in a broader treaty which sought to settle outstanding issues between our countries that were left unresolved since American independence. It mentions only the crimes of murder and forgery. The U.S.'s first modern treaty was signed with Ecuador in 1872, according to Douglas McNabb, an expert in U.S. federal criminal law and international extradition. ⁷

“Ingrained in most international extradition laws is the ‘political offence’ exception," according to McNabb. "It allows the requested state to refuse extradition of those accused of political crimes or where that state believes the real motivation for the request is political rather than criminal. . . . The first British Extradition Act of 1870 declared that no one could be surrendered if their offence was one of a political character. Many refugees fleeing Europe at the time—Including Karl Marx—were offered shelter in the UK.” . . . “Embassies have long given refuge to those fighting extradition. Under international law, diplomatic posts are considered the territory of the foreign nation. But authorities take different views on this. When Wikileaks editor Julian Assange took refuge in Ecuador's embassy in 2012, for example, the British government considered invoking the Diplomatic and Consular Premises Act (1987) allowing for the revocation of a building's diplomatic status if the foreign power occupying it ‘ceases to use land for the purposes of its mission or exclusively for the purposes of a consular post.’" ⁸

Bars to international extradition may include:

• When extradition is sought it must constitute a crime punishable by some minimum penalty in both the requesting and the requested states.When most countries refuse to extradite suspects of political crimes.
• When some countries refuse extradition on grounds that the extradited person may receive capital punishment or torture. A few also include all punishments that they themselves would not administer.
• When some will not allow extradition if the death penalty may be imposed or carried out.
• When jurisdiction over a crime can be invoked to refuse extradition.
• When some countries forbid extradition of their own nationals. ⁹

A country’s refusal to extradite suspects or criminals to another may lead to strained international relations. Often, the country to which extradition is refused will accuse the other country of refusing extradition for political reasons (regardless of whether or not this is justified).¹⁰

Meanwhile, as of 2014, all states except Missouri and South Carolina have adopted the Uniform Criminal Extradition Act. The Act includes rules for both the state demanding extradition and the state holding the individual. While there are minor differences in the versions the individual states have adopted, according to David Shestokas, the primary requirements remain the same. Under this Act, if extradition does not occur within 30 days, the state holding the criminal has the right to release him.¹¹

Moreover, while states have the right to demand extradition of an individual, they do not always make the request. According to a USA Today editorial, there are over a million suspects and approximately 186,000 felons that states have determined not worth the time or cost to retrieve. Some suspects are designated as immune from extradition because police and prosecutors don't want to spend the time or money to retrieve them. Even if suspects are picked up in another jurisdiction, authorities where they were initially charged won't come get them.¹²   ///

NALS cannot continue to exist and thrive in the current market solely from the dues paid by members, the profit from the products and services we currently provide, and the generous support from the NALS Foundation.  While these revenue generators are essential to the stability of the organization, the industry is constantly changing and demands more from our Association—which requires more money.  The future of the Association depends on creative individuals who have demonstrated their ability to actively raise funds and think of innovative ways to generate revenue to step up and lead the Association. 

Future board members who possess the financial guru skills will be able to leverage community partner, sponsor, and vendor relationships for the financial benefit of the Association.  They will have their finger on the pulse of the value proposition for the membership—what do the members receive in return for their financial commitments and is the price point the right one?  A financial guru will be able to discuss whether or not there are additional member benefits that can be added to increase the value proposition.  In addition, financial gurus will be able to identify and capitalize on the strengths of the Association to put those strengths to work for the organization's bottom line, including how to tap the staff and volunteer resources within the organization to increase revenue.  How do we raise capital from multiple revenue stream sources?

If you have an identified goal to serve on the NALS Board of Directors, learning how to become a financial guru and highlighting your success at fundraising and revenue generation would be beneficial to your success as a candidate.  If you do not have expertise in this area, there are opportunities for you to develop this attribute.  You may consider joining a networking group outside of NALS focused on nonprofit fundraising and business building.  Research funding strategies by reading articles, books, and other financially focused material, and put those principles to action in your local and state chapters.  Once you have been successful at raising capital, be able to describe the steps taken to achieve financial success and how you can duplicate that success nationally.

Whether you are already a financial guru or you are honing your revenue generating skills, the NALS Leadership Identification Committee is here to support you in your climb to the top.  If you have an interest in being a part of a community and making a contribution to NALS on the national level, we can help you find the best place for you to put your talents and strengths to work.  Please contact the LIC by sending an email to LIC@nals.org.  We look forward to hearing from you!

Our Financial Guru Zoom call will take place on Wednesday, January 31, 2018, at 8:00 p.m. Eastern/5:00 p.m. Pacific via Zoom meeting.  Simply click here or type https://zoom.us/j/5553235829 into your browser on PC, laptop, tablet, or phone and follow the prompts to get logged into the meeting.

On each call you will hear from an LIC member who cares about and is invested in the future of the organization and you will be able to ask questions about where you can help.  The meetings will be brief—under 30 minutes for those who will need to join over a lunch hour—and informative.  If you believe you are a leader, want to become one, or have been told you have what it takes, we hope you will join us.

If you have questions, please contact us (Brandi Hobbs, ALP; Kerie Trindle Byrne, PP, PLS, CP; Sherry Baran; Cathy Zackery, CLP; and Charnice Rollie) at LIC@nals.org.

Seasoned attorneys are typically older, possibly having started their law career without computers or with minimal technology, did most of their research at the law library, and worked for a firm with other attorneys while they were mentored and learned their chosen area of law inside and out. They attended seminars in person for their continuing legal education.  The internet was either not around or just beginning for these attorneys. Networking was done the old-fashioned way--a personal phone call or a handwritten note. Building up a clientele took time and patience, and referrals were an important part of their practice.  They took pride in their work and built their reputation.  Success came after they put in the hard work. 

It seems like today’s young lawyers who are fresh out of law school have computers and cell phones attached to their hip at all times.  As close to paperless as possible is their preference.  Continuing legal education can be done via a webinar that they watch during their down time in the evening or weekends.  Networking is done via a text or an email.  Because many young lawyers do their own typing, and therefore feel they do not need any legal support staff, they set up an office as a sole proprietor and do everything themselves including the legal support staff roles and managing the day-to-day business.  They want instant success and some try to practice in many different areas of law rather than learn a chosen area of the law inside and out.

Working for the seasoned attorney can cause frustration when they just can’t get rid of that paper calendar even though you keep their calendar current on the computer.  They attempt to send an email or do their own edits to a letter, but you end up cleaning up the document or even coaching them along until they hit send.  Paperless offices do not exist, but they are trying by at least scanning documents even though they keep the hard copy too.   You may even begin to wonder what you will do for a job when they retire. 

You can turn the challenges into rewards and help secure your career in the future.  I personally have found that the seasoned attorneys want to leave their legacy behind.  They are willing to mentor young lawyers, but also mentor support staff–even if you do not work for them.  I have experienced this first hand when attorneys in other firms have gone above and beyond to help me in my career. If you show an interest in their chosen area of law and make a dedicated effort to improve your skills, these attorneys will mentor you too. They will not only take the time to help you understand what needs to be done, but will help you understand why something needs to be done a certain way.   The more you learn and truly understand, the better you will be and the further you will go with your career goals.  Anyone can fill in a form or transcribe dictation, but understanding why you need to do what you are doing, and the consequences if it is not done correctly, makes for a great legal assistant.   

You can also have a rewarding experience working for or with a young lawyer.  Chances are you have been a legal assistant for a longer period of time than the young lawyer has been an attorney.  You may know what forms need to be completed or what documents need to be sent to the court even if your attorney does not.  You can mentor a young lawyer in many ways and help them be a better attorney.  You can help them build their reputation by making sure the work you do is to the best of your abilities.  Remember, what you do and how you do it is a reflection on them.  They are learning just like you had to learn and they may not thank you now, but they will remember you when they are a seasoned attorney.  And you never know, you may still be working for or with that same young lawyer when he or she becomes a seasoned attorney.

Paula Steffey, PP, CLP-SC, CWCP has been a member of NALS since 2014.  She is currently the chair for the Certification Committee and the Attorney Directory project on the Ways and Means Committee for NALS of Greater Kalamazoo in Michigan.  She is also very active at the state level and is currently serving as the Vice President of Membership and Marketing, and the Marketing Committee chair.  At the national level she is on the Editorial + Marketing Board and S.A.G.E.S. Task Force.  To learn even more about NALS she has a secondary membership with NALS of Phoenix and NALS of Philadelphia.   Outside of NALS she is a full-time legal assistant to attorney Garold A. Goidosik with Goidosik Morse Disability Law Group and has two other part-time jobs. One of those part-time jobs is her own crafting company where she sells her hand-crocheted items. Besides work and NALS, she is married with two children of her own, a stepdaughter, and a very spoiled golden retriever who is a retired show dog.

One word that is confusing is "historic." The way you pronounce it determines whether it is "a" or "an." Following our rule, it should be “a historic.”

The same rule will apply when you are dealing with abbreviations and acronyms. It will depend on whether you pronounce it letter by letter or as a word. For example, "a PPO insurance plan." The acronym "PPO" is pronounced letter by letter and the first letter—P—is pronounced as a consonant. Another example would be "an "M.B.A." degree." The abbreviation M.B.A. starts with “M” which sounds like "em", so use "an."

When you stop long enough to sound the questionable word out in your head, the decision is pretty easy. Just stop, pronounce, and listen. You will get it if you take the time to hear it.

Dear Eula Mae:

I’m a legal secretary in a large and very busy law firm in Manhattan and even though I am the “go to gal” for all kinds of tasks, I’m starting to feel more like an invisible robot than a person.  I have great skills in answering the phone, managing people in lobby, completing on time what my bosses ask me to do, I type really fast at 120 wpm, and make a great cup of coffee.  I’m happy to be in my job and serve people, but sometimes feel ignored or used or really like the low man on the totem pole.  Everything is so fast and everyone is so busy, and I’m proud to be a legal secretary and fill in on the phones and glad to learn new things. I just feel like nobody sees me and the good work that I try to do.

 --Feeling Underappreciated in New York City

Dear Feeling Underappreciated:

Please understand that your role in the office is very important.  Every person in the office has different skills.  It is not really that they don’t see you, it is that most people are focused on their cases or their clients or on what they have to do in a day.  Being a legal secretary is a great job and a great career.  You may be more personable than most people and that is why you are able to work with the general public and your boss.  Not everyone can do that.  What I’m saying is to be proud of what you do anyway. Enjoy your job and the people you work with and serve.

The other part of this situation is knowing what it is you really want.  Do you want to be more than a secretary?  Moving up in a career may create less work-life balance, so you really have to know yourself.  Remember with a high-stress position there is less personal time. There are ways you can grow in your skills and confidence and know how far you want to go with a legal career.  Take it one step at a time.  First, stay involved in your local and state chapters of NALS and set a goal of attending an Annual NALS National Conference.  Visit the NALS website and look in the Library for publications, webinars, and online classes.  Watch for a NALS Basic Legal Training Course to attend in your area toward being certified. If there is not one, you could access NALS Online Study Hall, including study materials, in various formats.  Visit with your office human resources person to see if the firm is able to pay for some of your legal education and certification.  There are three levels of certification with a natural progression of education about the law: ALP/ALS, PLS/CLP, and PP, with a Specialty Certificate in many areas of law.  ALP/ALS is the Accredited Legal Professional/Accredited Legal Secretary; PLS/CLP is the Professional Legal Secretary/Certified Legal Professional; and PP means the certified Professional Paralegal.  Specialty Certificates are for PLS/CLPs and PPs whose careers are focused in various areas of law, such as real estate, family law, criminal law, etc.   It is a good idea to investigate what is required of each so you will know exactly what your plan will be.  The best part of a legal career is that you can learn more and more about the law.  Some Professional Paralegals have gone on to become attorneys. 

Being a legal secretary takes a special person with special skills and you are about to take the best journey of your life in discovering each step of growing your own career in law.

NALS of Amarillo, the first NALS Chapter in the state of Texas, is 60 years strong, with 33 members active within their chapter and out in their community.  That is the secret of their success. 

The 2015-2016 Board of Directors had a goal to streamline information for chapter news and created a centralized email, a new website, and a Facebook page that now has 50 friends.  All of this is due to the hard work of Beth Langwell, Rhonda Rogers, Cynthia Huffman, and Becky Braden.

The first thing you see on the NALS of Amarillo website is “NALS is dedicated to enhancing the competencies and contributions of members in the legal services profession.”  The next thing you see is “NALS of Amarillo welcomes all those individuals who serve in a support capacity in the legal profession. We are committed to the delivery of quality legal services through continuing education and increased professionalism, promotion of high standards for members, and recognition in the legal profession through the certification programs offered by NALS.”

This very neat and elegant website has information for members and those who are interested in becoming members too.  There are tabs to visit 2017 Officers, which include their biographies; About NALS, which includes the Code of Ethics; Bylaws, Calendar, Community, Lunch n’Learns, Redbook Legal Directory, Job Bank, Chapter Ts (t-shirts); and From The Director, a welcome page for members including details of big NALS of Amarillo events as well as National NALS Conferences.  The Membership tab explains the tri-level association, has detailed useful information for new members, and has links to the state chapter, TexasALP.org.

Current NALS of Amarillo President Elka Murphy says, “As Texans, NALS of Amarillo strives to include all legal support staff within our membership and always welcomes the opportunity to mentor those starting a career in the legal field.” This is demonstrated by the chapter’s partnering with Amarillo College’s two-year Legal Studies Associate Degree Program and the fact that the professionals in the chapter boast academic degrees and well-earned high percentage of NALS Professional Paralegal (PP) certifications.

NALS of Amarillo serves the community by participating in fundraisers to help non-profit organizations such as the Evelyn Rivers Christmas Project to give coats, hats, and gloves to homeless children; and Snack Pack 4 Kids to end weekend hunger for those in the Texas panhandle.  One of their proudest community service efforts is assisting the Faith City Mission Drive to feed at least 100 people each time.

The chapter also participates in fun community events like The Color Run, also known as “the happiest 5K on the planet,” One Year benefitting the Laura Bush Women’s Research Foundation; and the Downtown Amarillo Block Party, on sabbatical, replaced by the Center City Amarillo Festival.

The NALS of Amarillo chapter can teach us all how to grow as legal professionals and as individuals, through networking in and outside of our chapters, and through community service to others.  Here is to the next 60 years for NALS of Amarillo!

A class action, class suit, or representative action, is a type of lawsuit where one of the parties is a group of people who are represented collectively by a member of that group.

It is a general rule in equity that all persons materially interested, either as plaintiffs or defendants in the subject matter of the bill ought to be made parties to the suit, however numerous they may be.⁷ 

Originally, then, American courts followed the example of our British brethren, using their power in equity to avoid multiplicity of actions where numerous individuals sued a common defendant for the same legal wrong. In 1842, the Supreme Court promulgated Equity Rule 48, “officially recogniz[ing] representative suits where the parties were too numerous to be conveniently brought before the court, but refused to bind absent parties to any resulting judgments.” For convenience, therefore, and to prevent a failure of justice, a court of equity permitted a portion of the parties in interest to represent the entire body, and the decree bound all of them the same as if all were before the court. In 1912, that Equity Rule 48 was rewritten, becoming Rule 38. The new rule maintained representative actions, but additionally allowed absent parties to be bound by judgments entered thereunder.⁸ 

Certain class action law cases (and mass torts) have changed U.S. History:

The State of Tennessee v. John Thomas Scopes: 

Also known as the “Scopes Monkey Trial,” this famous class action suit challenged the constitutionality of the Butler Act, a 1925 Tennessee law that made it unlawful to deny the divine creation of man as written in the Bible and to teach the theory of evolution instead.

When the State of Tennessee passed the Butler Act, the American Civil Liberties Union (ACLU), in one of this organization’s earliest battles, asked for volunteers to deliberately teach Charles Darwin’s theories in a public Tennessee schoolroom. They found their representative in biology teacher John T. Scopes, who agreed to teach the forbidden subject in his classroom. Scopes was indicted in May of 1925 and the trial began in June that year.

Although the trial raised awareness and acceptance of the theory of evolution and of academic freedom, the Butler Act would not be repealed in Tennessee until 1967, and nationally in 1968, after subsequent civil action lawsuits that challenged the laws again.⁹

The ability to teach evolutionary theory in public schools continues to touch nerves and be challenged.

Brown v. Board of Education of Topeka, 347 U.S. 483 (1954):

This landmark decision declared that segregated or “separate but equal” schools were unconstitutional. This was viewed as a watershed moment in the civil rights movement and as one of the most important decisions of the U.S. Supreme Court.

In 1954, major sections of U.S. schools were segregated along racial lines due to the 1896 Plessy v. Ferguson, 163 US 537 (1896), decision which permitted segregation at the state level as long as the separate schools were equal. Thurgood Marshall, who was appointed in 1967 as the first black justice to the Supreme Court, led the class action lawsuit for the plaintiffs.

The related class action, a consolidation of five similar cases in four states, was eventually filed on behalf of Oliver Brown, the father of a child who was prevented from enrolling in a whites-only school in Topeka, Kansas. Brown claimed that the segregated school system in Topeka violated the Equal Protection Clause of the fourteenth amendment to the Constitution because the black and white schools were not and never could be equal to each other. The Court handed down its decision on May 17, 1954, and agreed unanimously with Brown, with Chief Justice Earl Warren delivering the decision.¹⁰

Roe v. Wade, 410 U.S. 113 (1973):

This case is one of the most socially controversial and high-impact pieces of legislation in the U.S. It was actually a consolidation of three civil action lawsuits being argued in different states at the same time. The 1973 Supreme Court decision rendered abortion legal until the end of the first three months of pregnancy and declared that restricting a woman’s right to choose abortion was an invasion of her privacy, being covered under the ninth and fourteenth amendments to the U.S. Constitution.

The decision, which struck down an 1851 Texas statute that criminalized abortion unless the life of the mother was endangered, came under immediate attack by opponents and still faces sensitive challenges at the state level.

The representative plaintiff in the class action, Norma Harvey, who later identified herself as the “Roe” in Roe v. Wade, wanted to end her pregnancy but could not afford to travel to one of the other U.S. states that had already legalized abortion. After many years speaking as a champion of the 1973 decision, Harvey told the press in 1995 that she had changed her views about abortion and was now “pro-life.”¹¹   The issue is far from resolved and is still hotly debated across the country.

But interesting, modern class action lawsuits are bubbling away as we speak . . .

Example: “Abbott Laboratories is currently facing lawsuits (a mass tort) alleging that the drug Depakote can put unborn children at risk for serious birth defects if mothers take the drug while pregnant. Of all antiepileptic drugs, Depakote is the most likely to cause serious malformations in unborn children, according to the lawsuits. Despite allegedly knowing that Depakote has been linked to heart defects, developmental delays, and certain deformities, lawsuits claim that Abbott did not take proper steps to warn doctors and women about these risks . . .  the FDA has also warned women that Depakote may cause developmental delays and/or lower cognitive scores. Most recently, the FDA changed Depakote’s pregnancy category for the prevention of migraines from a ‘D’ to an ‘X,’ meaning that the risk of its use in pregnant women clearly outweighs any possible benefit.”¹²  

Example: “People are suing Bristol-Myers claiming that Abilify caused them to develop compulsive gambling habits and that the drug company owes them money as a result. Several studies have found a possible link between compulsive gambling and Abilify use, while the FDA has at least 30 reports of this side effect from Abilify users. Additionally, both Europe's and Canada's labeling for Abilify includes the risk of pathological gambling – but no such information exists on U.S. labels . . . The suits claim that Bristol-Myers Squibb failed to adequately test the drug and failed to warn both patients and doctors about this serious side effect.”¹³ 

Example: While hip implant components have previously been made from a range of materials, including ceramic and plastic, metal-on-metal implants put metal parts in direct contact with other metal parts. This can lead to corrosion as the metal parts abrade each other and release tiny bits of debris into the body. The FDA issued a safety communication on January 17, 2013, warning that metal-on-metal hip implants have the potential to shed tiny metal particles into patients' bloodstreams, resulting in a variety of serious adverse effects. This can reportedly result in bone or tissue damage, device failure, or metallosis, which develops when dangerous levels of chromium and cobalt accumulate in the bloodstream. Of the six manufacturers facing litigation, only three have issued recalls over their artificial hips, leaving prospective patients at risk for receiving an allegedly defective device.¹⁴  

Manufacturers currently involved are: DePuy, Smith & Nephew, Stryker, Wright Medical, and Biomet. These manufacturers are now the subject of thousands of lawsuits.

Most metal hip manufacturers, with the exception of Wright Medical, are facing multi-district litigations (MDLs) over their products. In an MDL, all federally-filed cases are transferred to one court before a single judge to help save time and money and to ensure consistent rulings after a large number of people have been injured by the same product.¹⁵ 

So, as a paralegal or legal assistant working in a class action legal environment, where do you fit in and what sort of tasks or duties might you be expected to accomplish? Some basics could include reviewing and organizing a vast array of documents for use in such things as investigations. You also may prepare written discovery and depositions. You may be asked to organize facts so your legal team can emerge with a sensible strategy. It’s not unusual for paralegals and legal assistants to be facing mountains of documents—even warehouses full of documents—and often a staggering number of pages of information from several law firms. You might well help coordinate discovery and maintain case files. It would be extremely helpful to have knowledge of litigation document management software, a couple of all-important database programs, as well as the use of trial aids and skills at assembling books of witness documents. Computer skills are clearly a must for the class action legal assistant.

If you are a legal assistant or paralegal with an interest in class action litigation (and some part of your firm practices in this area), volunteer to assist in those cases. Get in on the ground floor. And be ready to see legal matters in amplified detail.  ///

1. Class Action Cases, n.d. Retrieved from http://litigation.findlaw.com/legal-system/class-action-cases.html
2. Class Action, https://en.wikipedia.org/wiki/Class_action
3. Ibid.
4. Ibid.
5. History of Class Action Lawsuits, n.d. Retrieved from https://classactionlawsuitcenter.com/history-of-class-action-lawsuits/
6. Class Action Lawsuit, n.d. Retrieved from  https://www.revolvy.com/topic/Class%20action%20lawsuit&item_type=topic
7. About Class Actions, (February 19, 2015). Retrieved from http://wweinsteinlaw.com/aboutclassactions.htm
8. Class Action: An Overview, n.d. Retrieved from https://www.law.cornell.edu/wex/class_action
9. Vito, (January 8, 2016). Retrieved from https://imgaudit.com/2016/01/how-class-action-lawsuits-have-changed-the-u-s-history/ 
10. Lisa, (November 20, 2012). Retrieved from http://www.iveyengineering.com/class-action-lawsuits-2/ 
11. Ibid.
12. Depakote Lawsuits Allege the Drug Can Cause Birth Defects, n.d. Retireved from  https://www.classaction.org/depakote
13. Abilify Lawsuits for Compulsive Gambling, n.d. Retrieved from https://www.classaction.org/abilify-compulsive-behavior-lawsuit
14. Defective Medical Devices, n.d. https://www.classaction.org/hip-replacement-lawyers
15. Ibid.

While we were at the NALS Conference in Norfolk, Virginia, this past October, one of the things the Board brought up was a future campaign using the hashtag “#IAmEulaMae.” This hit my heart straight on and I was overcome with emotion, excitement, and enthusiasm about the Board’s vision using that hashtag. The more I thought about it once the Conference was over, the more I realized that the many, many years of my NALS membership, the certifications I have earned, the leadership positions I have held, and the truly amazing people I have had the opportunity to meet all meant that I am NALS. I am the legal support profession. I am Eula Mae.

In 1929, Eula Mae Jett was a legal secretary in Long Beach, California. As she was filing something with the court one day, the clerk mentioned to her that she and her friends should get together and figure out the court rules and how to correctly file things. This seemed to spark something in Eula Mae and she did gather her colleagues to meet to discuss things impacting their career. As word of the success of these meetings spread across the country, other chapters were started. Twenty years later, NALS was born to bring these groups together for state, regional, and national meetings. This was the beginning of networking and education for legal support professionals across the country.

Eula Mae epitomizes a legal support professional who was proud of her career, who was interested in learning as much as she could to improve her career, who loved what she did, and who made new friends and acquaintances she could call on with questions to help her do her job even better. Eula Mae obviously didn’t just have a job—she had a career and obviously it was a career she was very proud of.

I never had the opportunity to meet Eula Mae, but I find many similarities in our parallel lives.

Eula Mae was employed in the legal field. I’ve been employed in the legal field since 1980.

Eula Mae filed documents in court. I’ve physically filed documents in court.

Eula Mae met with other legal secretaries to learn things to help her career. I’ve attended meetings and conferences across Arizona and the US since 1985 that have undoubtedly helped my career.

Eula Mae’s vision created an association that saw the value of certification. I see the value of certification.

Eula Mae was proud of her career. I am proud of my career.

Eula Mae wore dresses, stockings, heels, and gloves every day to work on her typewriter without fax machines, photocopiers, email, internet, webinars, college paralegal courses, and electronic court filing. And that’s where the similarities end, although I did work with a fancier wardrobe and did work without fax machines, email, and internet.

So even though I now work with all the conveniences of the modern law office, I still feel the spirit of Eula Mae. Her vision that became NALS has changed my life. Has it changed yours? I truly believe that Eula Mae lives in every NALS Member. That spirit is why we’re all NALS Members. This is the introductory article in a series that will continue with different ways the Spirit of Eula Mae lives on in NALS and in each of us. So take a deep breath, think about how much like Eula Mae you really are, and be proud of this career you’ve chosen. #IAmEulaMae

The basic answer is sometimes.

If a foreign word has become a part of the English language, like résumé, it does not need to be italicized. NOTE: I am using italics here just to emphasize the words I am talking about. Some words and phrases will retain the diacritical marks, such as the accent marks in résumé, vis-á-vis, and the circumflex in paper-mâche, but the words are not italicized.

According to The Bluebook A Uniform System of Citation, foreign words and phrases that are used often in legal writing and are familiar to the legal community are not italicized, but foreign words and phrases that are very long, obsolete, or uncommon Latin, should be italicized. For instance, do italicize:

• Ignorantia legis neminem excusat ("ignorance of the law does not excuse")

But not:

• quid pro quo

Note, however, that id. is always italicized (including the period), but e.g. is only italicized when it is used as a signal as in See, e.g., Smith v. Brown. In re and ex rel. and other such procedural phrases are always italicized.

Avoid using Latin or other foreign words and phrases where it is not necessary and where an English word or phrase will work just as well and that will avoid the issue altogether; but when you do use them, if it is well known to the legal community or well-integrated into the English language, retain its diacritical marks, but do not italicize.

The history of foster care in the United States had beginnings elsewhere and at other times. Very early documentation of children being cared for in foster homes can actually be found in the Old Testament and in the Talmud. Caring for dependent children was established as a duty under law. Early Christian church records also show children were boarded with "worthy widows" who were paid by collections from the congregation.¹

At this time, children were placed into these homes because their parents or guardians were deceased rather than because they had been abused in their home, as child abuse was largely socially accepted and legal. Today, foster children are usually removed from a home due to abuse rather than because they were orphaned.³ In 1853, a minister named Charles Loring Brace, founded the Children's Aid Society in New York City, where he observed many immigrant children sleeping in the streets. Brace subsequently initiated the Orphan Train Movement where over 150,000 orphaned children in New York City were sent by train to farms across the country, primarily in the Midwest. Some children were treated with love and respect in these locations, while others were treated as slaves, even abused, and were often found to be working overly long hours. But as the emphasis was on providing abandoned children some semblance of family life, Brace's system became the foundation for today's foster care system.⁴

Slowly, the foster care program began to take shape. Our government became interested and involved itself in finding and providing homes to homeless children. Even licensing evolved to ensure the children were taken care of in a respectable, responsible, and caring way.

In the early 1900s, social and governmental agencies began to actually monitor and supervise foster parents. The practice of placing a child with just any willing family was over. These agencies took the child’s welfare and needs into account and began a system of reports and records.⁵

Along the way, common sense suggested that emotional security was vital to children’s health and welfare, and science produced evidence to support this concept. Research on attachment and loss and studies of maternal deprivation in infancy influenced policies of placement and generated a more pro-adoption climate after 1940.

By 1950, statistics showed that children in family foster care outnumbered children in institutions for the first time. By 1960, there were more than twice as many in foster care. By the late 1970s, the foster child population exceeded 500,000, roughly where it stands today. Foster placements could be numerous and lengthy in practice, but in theory they were temporary because children maintained ties to their birth parents. Between the 1930s and the 1970s, as foster care became more common for more children, adoptions increasingly involved practices like matching, policies like confidentiality and sealed records, and placements of infants and toddlers rather than older children. Adoption aspired to the wholesale substitution of one family for another, unlike foster care.⁶

The present foster care system within the United States has taken on the nature of a complex bureaucratic apparatus. As Bass, Shields, and Behrman have written: "When entering foster care, or the 'child welfare system,' a child does not enter a single system, but rather multiple systems that intersect and interact to create a safety net for children who cannot remain with their birth parents;" and the organizations involved in this larger system include "state and local child welfare agencies, courts, private service providers, and public agencies that administer other government programs."⁷ Within the court system, an attorney or qualified person known as a court appointed special advocate (or CASA) is often designated to assure that the foster child's voice is heard when it is relevant to decision making.⁸

So, the history of child welfare in the United States can be characterized by a continuous shift between family preservation and child safety. “The 1970s saw efforts to reduce children’s time in foster care and expedite paths to permanency. The 1997 Adoption and Safe Families Act (ASFA) (P.L. 105-89) marked the first occasion where issues related to permanency were explicitly stated in legislation. . . . This law connected safety and permanency and demonstrated how each factor was necessary to achieve overall child well-being. While ASFA made clear that child safety was paramount, it also provided a new way of defining permanency for children and youth in foster care. The law specified that states had to improve the safety of children, promote adoption and other permanent homes for children who needed them, and support families. ASFA also required child protection agencies to provide more timely assessment and intervention services to children and families involved with child welfare. Additionally, ASFA paved the way for the legal sanction of concurrent planning (simultaneously identifying and working on a secondary goal such as guardianship with a relative) in states by requiring that agencies make reasonable efforts to find permanent families for children in foster care should reunification fail.” ⁹

In 2015, over 670,000 children spent time in U.S. foster care. On average, children remain in state care for nearly two years and six percent of children in foster care have remained there for five or more years. Despite the common perception that the majority of children in foster care are very young, the average age of kids in foster care is nearly 9.  In 2015, more than 20,000 young people aged out of foster care without permanent families. Research has shown that those who leave care without being linked to forever families have a higher likelihood than youth in the general population to experience homelessness, unemployment, and incarceration as adults.¹⁰

Many social workers currently report that most children enter the foster care system as a result of abuse and/or neglect, and that drug abuse by parents is a major reason why it is not possible for some parents to care for their children in an effective way. For the past several decades, the foster care system has confronted substance abuse, AIDS, and other adult epidemics that trickle down to children.¹¹ Those of us who work in juvenile law see drug and alcohol abuse as a dominant factor in removal of children from the homes in which the abuse is evident.

Dear Eula Mae:

I’m new in the legal field and proud to be legal secretary at a small law firm. There are only ten of us. We do not have a human resources office, only a paralegal who also serves as our office manager. I want so much to be the consummate professional and want to look professional too. I don’t know where to start or what will work as a daytime wardrobe. I’m new to the workforce and only have a few pairs of dark slacks and kind of floaty tops that seem to look more casual than my co-workers’ dressy outfits. I need some advice.

--Concerned in California

Dear Concerned:

What a great question! Remember that you now are a representative of your office and need to look the part as well. You could visit with the office manager about what is expected in your wardrobe at work. Before you do that, look around at the professionals in your office.

Like most professions, the clients must have absolute confidence in hiring your firm. If you look sloppy, it gives the appearance that the work will be sloppy. Try to be neat, clean, and polished. That means muted colors (navy, gray, black, white), well-fitting clothes (not tight), and clean (no pet hair, lint). If you look around in your office, you will see that there is no cleavage, no visible tattoos, no face piercings, and no sandals.

Dressing as a legal professional doesn’t take a lot of money, just some carefully chosen pieces that you can blend in to the wardrobe that you have. Start with a navy or black jacket, a skirt and slacks to match. These muted colors can be brightened with a colorful blouse, a colorful scarf, or a little jewelry. Choose your best color and try to find different shirts and blouses in your color to mix-and-match with your suit. Add in a cardigan and some gray, brown, or khaki slacks or skirts and you are done. Shoes need to be reasonable and cover the feet, such as black flats and black low heels. 

When you look good, you feel good and you will do good work too. Good luck in your new chosen profession. I’m sure you will do well.

Throughout the 1980s and 1990s, the local membership and Ohio membership were strong.  As life changed, however, so did the membership.  One of the changes occurred in 2008 when the Medina County Legal Secretaries Association changed its name to NALS of Northeast Ohio.

For a chapter with only 16 members, however, it wields a powerful punch.  Sarah Twyford, PP, PLS, SC-Civil Litigation, serves as President; Sarah Wilk serves as its Secretary; Deborah Smith serves as Treasurer; and charter member, Marlene Oiler, PLS Emeritus, serves as Parliamentarian.

Currently, NALS of Northeast Ohio handles all notary testing and renewals in Medina County under the direction and assistance of Probate Judge Kevin W. Dunn.  The revenue raised from this venture is the chapter’s only source of income and is used to provide funding for members to attend seminars and for legal education.  NALS of Northeast Ohio also awards annual scholarships totaling $5,000.00 to two high school or college applicants going into the legal profession and their local bar association has raised its scholarship to match the scholarship award given by NALS of Northeast Ohio.

NALS of Northeast Ohio is also a very civic-minded and charitable organization.  Each year, NALS of Northeast Ohio members nominate local charities that they want charitable contributions made to, and some of their notary revenue is donated to groups such as animal rescue, hospice, and their local drug court.  They also donated a stone at long-time member Rose Costigan’s favorite local wildlife center in her memory after she passed away.  In addition, for the past two years, its members have rung the Red Kettle Bell for the Salvation Army at Thanksgiving and Christmas. 

Not only did Gov. John Kasich recognize NALS of Northeast Ohio as an important resource for legal professionals in Northeast Ohio, but the Office of the Ohio Attorney General also issued a proclamation in honor of NALS of Northeast Ohio’s 40^th anniversary!

NALS of Northeast Ohio is proof-positive that you don’t need to be a big chapter to do great things.  I hope you will join me in congratulating NALS of Northeast Ohio on its 40^th anniversary and wishing them the best as they continue to engage, inspire, enhance, and promote legal professionals in Northeast Ohio.

• Financial Guru
• Strategist
• Relationship Builder
• Tech Savvy
• Visionary/Innovator

In order to help the membership better understand what each of these characterizations means and how they fit into the future of NALS, the LIC will be hosting Zoom Calls (https://zoom.us/) in alternating months. We will introduce you to the LIC and our role in identifying and preparing future leaders of the organization. We will also provide tips about developing the leadership qualities within each of us and honing them for use within NALS.

Our first introduction call occurred on Thursday, November 30, at 3:00 p.m. Eastern/12 p.m. Pacific via Zoom meeting. Listen below to our introduction to this series. 

On each call you will hear from an LIC member who cares about and is invested in the future of the organization and you will be able to ask questions about where you can help. The meetings will be brief—under 30 minutes for those who will need to join over a lunch hour—and informative. If you believe you are a leader, want to become one, or have been told you have what it takes, we hope you will join us.

If you have questions, please contact us (Brandi Hobbs, ALP; Kerie Trindle Byrne, PP, PLS, CP; and Sherry Baran) at LIC@nals.org.