TPA is an

affiliate of the

National Association

of Legal Assistants INSIDE THIS ISSUE: ◊ President’s Message ◊ Why You Should be Certified Article: Vicki Voisin, ACP ◊ 2009 CLA/CP Certification Exam Coming Up! ◊ NALA Campus Live ◊ Fall Seminar Coming Up! ◊ 2009 Officers and Board ◊ Fall Seminar Registration Form ◊ Fall Seminar Brochure Excerpts ◊ Notice of Annual Meeting ◊ Proxy for Annual Meeting ◊ Election Notice: Declaration of Candidacy ◊ TPA Outstanding Award ◊ Outstanding Member Nomination ◊ Chapter Information & News ◊ Sustaining Members ◊ Message from the Publications Chair Tennessee Paralegal Association Post Office Box 21723 Chattanooga, TN 37424 http://www.tnparalegal.org

PUBLICATION OF THE TENNESSEE PARALEGAL ASSOCIATION

President’s Message Well summer is officially over and fall has begun. I hope that everyone had a wonderful summer. Mine was fun, exciting, and crazy. Laysha and I attended the NALA convention in San Diego and had a wonderful time networking with the other associations and learning a ton of information that I hope will help our association grow. We have several exciting things coming up. In the effort of going green we have started the process of putting our archives in an electronic form. It has been fun looking back at all the old items and thinking yeah we did do that. I have to say also that some of you have not aged at all!!

The Board is having a special meeting on October 10, 2009, to discuss and finalize a few things coming up. One is that we are hoping to revamp our website and are looking at all the possible avenues we can take. This will be a major project but hope to have something rolling by this year’s end.

Another real exciting thing we are doing is a Meet-n-Greet with the Paralegals in the Nashville area on November 5, 2009, from 5:30 - 7:30 pm at Miller & Martin, PLLC, 1200 One Nashville Place, 150 Fourth Avenue, North, Nashville, TN 37219 in the 12th floor conference room. All TPA members are invited and will be receiving more information in couple of weeks. So come join us in getting to know the Paralegals of the Nashville area and for our Annual Meeting/Seminar on November 6 & 7.

As fall starts up and fades away so will by term as TPA President. I have enjoyed serving you the last two years and look forward growth of our association in the future.

In closing, if there is anything that I can do or any question I can answer please let me know. Look for information pertaining to the Annual Seminar and our election for 2010 Officers in this edition.

Tracey A. Williams, CBA TPA President

Fall 2009 Volume 28 Number 3

Why You Should be Certified By Vicki Voisin, ACP

The issue of certification has long been debated. Here a few questions I'm frequently asked:

• I graduated from a paralegal program, why should I sit for a certification exam? • I have a paralegal certificate from a university, doesn't that make me 'certified'? • I have a good job and several years of experience, how will being certified make a difference? • What will those letters after my name really do for me?

I wholeheartedly support the certification process for paralegals and believe that it is an important professional goal. Please consider the following points: Having a certificate does not mean you are certified. A certificate is issued upon completion of an educational program, at which time you are certificated. Certification involves passing an examination established by a sponsoring organization that usually has specific requirements of education and experience for persons taking the exam. Upon completion of the examination, you are certified. The American Bar Association defines certification as 'a process by which a non-governmental agency or association grants recognition to an individual who has met certain predetermined qualifications specified by that agency or association.' I am certainly not minimizing the importance of completing a paralegal program and obtaining your certificate or your degree. In fact, I view paralegal education as essential. I am merely pointing out that there is an additional step you can take that will increase your professional profile. That step is certification. Credential = credibility. Certification is a voluntary process and is not a prerequisite for paralegal employment. However, certification gives you credibility. It demonstrates that you have the knowledge base and the skill required to pass the examination. It may also make you more marketable and may increase your income potential. Certification takes you off the level playing field. Graduation from a paralegal program (and, thus, being certificated) is the primary avenue by which people enter the paralegal profession. If everyone has a certificate, how is a potential employer to judge the best candidate for the job? Think about it, two paralegals standing side by side with the same certificate from the same school and the same amount of experience. How can one be distinguished from the other? The answer is certification. The certified paralegal demonstrates that he or she is a multi-skilled professional with diverse knowledge and effective communication skills.

Certification gives paralegals an avenue for self-regulation. The issue of licensure for paralegals is old news...it's been discussed to the nth degree for more than a quarter century. Paralegals work under the supervision of a licensed attorney and do not provide their services directly to the public. For this reason, they do not need to be licensed. Also, licensure says a person is 'qualified' to do work. It does not demonstrate advanced knowledge and skills. An example is a hair dresser (and I have the highest regard for my hair dresser, believe me!). Hair dressers are allowed to enter the profession when they are licensed by a state agency. The license does not say they have fantastic skills, it only says that they can perform the services. The certification credential is awarded to people who prove their advanced knowledge and skills by meeting the standards of the credentialing organization.

Certification will do much for you personally. Ask anyone who has a credential and they will tell you that the achievement made them walk a little taller, made them feel stronger professionally, gave them incredible personal satisfaction and increased their level of professional confidence. They set a goal and they achieved it. They took a risk and they survived it. They have the credibility that the credential provides. They literally stand out above the crowd. Their accomplishment gave them great pride. You, too, can have all that with professional certification. One more benefit you will reap from the certification exam is the learning that takes place in the preparation for the examination. Even the most experienced paralegal will learn something new and benefit from the intense review. Also, you will usually be required to participate in continuing education programs to maintain your certification. This requirement will help you keep up to date with changes in the profession and in the legal arena. Further, the credentialing organization will usually set high ethical standards for those using the credential. Unethical behavior will result in the loss of the credential. Certification may give you a 'leg up' when you're searching for a job. In today's economy, you need all the ammunition you can muster to prove that you are the person for the job. Having the certification credential behind you exhibits not only the advanced knowledge I mentioned earlier, it also shows discipline, ambition, motivation and willingness to accept a challenge. Which certification examination/credential is right for you? That's a personal decision. Many paralegal associations provide certification examinations (ie NALA, NFPA, NALS, and AAPI). There are also voluntary certification programs offered by some states...examples are North Carolina and Florida, but there are others. All have different structure and eligibility requirements, as well as different continuing education and re-certification requirements. What is important is that the credentialing organization you choose is a bona fide entity, that the exam is administered under rules and regulations in accordance with governmental acts and in accordance with such issues as anti-trust and fairness. It is essential that the organization agrees to keep applications and records confidential. It is crucial that the organization prepares an examination under the guidance of professional testing consultants, that the exam be continually reviewed for accuracy, and that it be updated on a regular basis. Usually the certification designation is a certification mark duly registered with the U.S. Patent and Trademark Office. Claims of certified status must be verifiable...in other words, if a paralegal claims to be certified, he or she must have the credential to prove it. Can you ethically use the credential after your name? Yes! Whether it is CLA, CP, PP, RP, AACP, ACP, PLS, AVA, ALS, NCCP etc. you can use it. The U.S. Supreme Court has addressed the issue concerning the utilization of credentials awarded by private organizations. In Peal v Attorney Registration and Disciplinary Committee of Illinois, 110 S.Ct. 2281 (1990), the Court suggested that a claim of certification is truthful and not misleading if:

• The claim itself is true • The bases on which certification was awarded are factual and verifiable • The certification in question is available to all professionals in the field who meet relevant,

objective and consistently applied standards • The certification claim does not suggest any greater degree of professional qualification than

reasonably may be inferred from an evaluation of the certification program's requirements. • There is a qualified organization behind the certification process

Of course, the credential cannot be used to mislead the public and represent something you are not. How do you prepare for a certification examination? The thought of all that study may sound overwhelming. The idea of taking such a critical examination may be frightening. The key to success is in the preparation and planning. The best thing to do is to break the process into steps:

• Decide which examination you will take. • Decide when you will take the examination • Working backward from the examination date, block a period of time for study and determine a

study schedule (I recommend three months but that is an individual decision) • Plan how you will study and what reference materials you will need (these may be available from

the credentialing organization) • Join a study group and enlist 'study buddies' to hold you accountable • Take advantage of preparation and educational opportunities offered by the credentialing

organization, as well as your professional association. For instance, NALA offers a three-day intense CLA review course, as well as CLA preparation courses at its convention.

Your challenge: If you already have a professional credential, congratulations! If you don't, please put that at the top of your list. Follow the steps above and begin planning for the examination. You will never regret the time and effort it takes. You will always feel immense professional pride when you put those initials after your name! © 2009 Vicki Voisin, Inc. Do you want to use this article in your newsletter, ezine or Web site? You can, so long as you include this entire blurb with it: Vicki Voisin, "The Paralegal Mentor", delivers simple strategies for paralegals and other professionals to create success and satisfaction by achieving goals and determining the direction they will take their careers. Vicki spotlights resources, organizational tips, ethics issues, and other areas of continuing education to help paralegals and others reach their full potential. She publishes a bi-weekly ezine titled Strategies for Paralegals Seeking Excellence. More information is available at www.paralegalmentor.com

2009 CLA/CP CERTIFICATION EXAM COMING UP!

Late Filing: October 16, 2009 Exam: December 4 – 5, 2009

GO TO www.nala.org FOR ADDITIONAL DETAILS

NALA CAMPUS LIVE!

Fall Program Online – Schedule of Presentations

GO TO http://www.nalacampus.com FOR ADDITIONAL DETAILS

FALL SEMINAR COMING UP!!

November 6 & 7 – 2009 This year’s Fall Seminar will be hosted in Nashville at the Embassy Suites Nashville. You will not want to miss this event. You will have up to 7 hours CLE credit available and the Annual Membership and Voting Meeting will be held. See you soon!

FALL SEMINAR BROCHURE EXCERPTS

NOTICE OF ANNUAL MEETING

Notice is hereby given of the Annual Meeting of the Tennessee Paralegal Association to be held at the

Embassy Suites in Nashville, Tennessee on November 7, 2009. During the Annual Meeting, the election of

TPA officers for the year 2010 will take place. If you are unable to attend, please forward your proxy vote to

the Tennessee Paralegal Association, Attention: Annual Meeting, P.O. Box 21723, Chattanooga, TN 37424 OR

you may send your proxy vote with the member who will be casting your vote at the meeting, to be submitted

prior to the election.

__________________________________________________________________

PROXY FOR THE ANNUAL MEETING OF THE TENNESSEE PARALEGAL ASSOCIATION

SATURDAY, NOVEMBER 7, 2009

MEMBER’S NAME: ________________________________________________ DESIGNATED MEMBER’S NAME: ___________________________________ _______________________________________ Member’s Signature

ELECTION ANNOUNCEMENT

If you wish to run for an office please fill out the below and submit to one of our current Board members.

DECLARATION OF CANDIDACY

I, , hereby certify that I am an active member in good standing of the Tennessee

Paralegal Association and do hereby declare myself a good candidate for the office of

of the Tennessee Paralegal Association for the year 2010.

If elected, I promise that I will faithfully discharge all the duties of the office for which I am elected.

This the day of , 2009.

Signature

TPA’S OUTSTANDING MEMBER AWARD

For the past eight years, TPA has awarded one of its members the Outstanding Member Award. Any

member of TPA may nominate any other member who has gone beyond the call of duty in promoting the

paralegal profession. If you would like to nominate someone for the 2009 Outstanding Member Award, please

complete the form below and write a short essay answering the question, “How does the nominee promote the

paralegal profession?”

Please address your nomination to Outstanding Member Nominations and mail it to TPA’s address listed

on the form no later than October 22, 2009. All nominations will be sent unopened to the chairperson of the

outstanding member committee. That committee will make the decision and present the award to the recipient

at the Annual Membership Meeting in November.

This is another way TPA promotes our profession and recognizes our outstanding members!

OUTSTANDING MEMBER NOMINATION

The Tennessee Paralegal Association has instituted an award to recognize TPA members who have made an outstanding contribution to our profession. Please nominate a paralegal you respect for his or her promotion of the paralegal profession and answer the following question about your nominee: How does the nominee promote the paralegal profession?

The deadline for nomination is October 22, 2009.

Paralegal Nominee’s Name:

Firm/Company’s Name:

Address:

Office Phone: Office Fax:

Email Address:

Your Name:

Firm/Company Name:

Address::

Office Phone: Office Fax:

Please send the answer to the question and this form to:

Outstanding Member Nominations Tennessee Paralegal Association

P.O. Box 21723 Chattanooga, Tennessee 37424

CHAPTER INFORMATION & NEWS

East Tennessee Chapter

Officers:

Nita Gorman, Chapter Chair, ngorman@enviroattorney.com Penny Wilson, Vice Chairperson, pwilson@bvblaw.com Pamela Leckey, Secretary, pleckey1@comcast.net Tracey Williams, Treasurer, TWilliams@msw-law.com Dawn L. Holt, East TN Chapter Newsletter Editor, dholt@colemanedwardspc.com

West Tennessee Chapter

Officers:

Jennifer Petty, Chapter Chair, jlhp@bellsouth.net LaFran Plunk, Vice President, lafran@wtls.org Courtney Snydor, Secretary, court3275@bellsouth.net Tammy Bradford, Treasurer, trbradford@yahoo.com

Southeast Tennessee Chapter Officers:

Melissa Gerber Ledbetter, Chapter Chair, mledbetter@gkhpc.com Melinda Killian, Secretary, Melinda@tombiblelaw.com Lynn Hager, Treasurer, hager@chattanoogainjurylaw.com Christie Gass, Program Chair, cgass@chattanooga-law.com

ANNOUNCMENTS The Southeast Chapter intends to continue their monthly Learn at Lunch meetings on the 3rd Tuesday of each month at 11:30 a.m. at the United Way Building of down town Chattanooga. Our speakers will provide information on timely topics in the legal field and CLE credit will be provided through NALA. In addition, on October 22nd five members from the Southeast Chapter will go to Chattanooga State East Campus for their annual question and answer session with paralegal students. Then for this coming 2010 Spring session Chattanooga State and the University of Tennessee at Chattanooga plan on having another mock trial with the Southeast chapter hosting and acting as jury.

Remember the Sustaining Members That Support Us!!!!!

Tracy Imaging Roane State Community College National Networks Reporting, Co.

http://www.tracyimaging.com http://www.rscc.cc.tn.us/ http://www.nnrc.com/

Gibson Court Reporting The University of Tennessee at Chattanooga London & Amburn, P.C.

http://gibsonreporters.com/ http://www.utc.edu/ http://www.latlaw.com/

The University of Tennessee at Knoxville Miller & Martin, PLLC Records Acquisition Services, Inc.

http://www.outreach.utk.edu/ http://www.millermartin.com/ https://www.rastn.com/

University of Tennessee also offers this site for paralegals: www.utparalegal.com or call: (865)974-0150

Truesdel & Rusk Registered Professional Reporters Precise Reporting, Inc.

http://www.truesdelrusk.com/ http://precisereporting.net/

The Norcross Group Document Solutions, Inc. http://www.norcrossgroup.com/ http://www.dsionline.biz/

Publications Chair Section

Autumn is now here. Spring and Summer time has passed us by with the long days becoming shorter and the cool morning air foretelling us Winter time will soon be here too. Remember to not let the busy days ahead to distract you from enjoying each day to the fullest. If you’re having a rather difficult day, stop for a moment to reflect and find a solution that will resolve any issues and find a positive outlook to approach your challenge. Once it is settled do not forget anything you learned from the experience, but look ahead to the promise of another challenge to achieve and savor the accomplishment in facing the day’s opposition. As we get ready and are approaching another Fall seminar please consider running for office or volunteering for a committee. Being part of the elected Board or a committee is only one of the many benefits in being part of our membership. Please consider taking an active role in your Association. By: Laysha M. McCullaugh

Message From The Paralegal Advocate Team

We would appreciate your contribution to The Paralegal Advocate by submitting articles of interest to you to be published. Please note the deadlines for each issue and feel free to provide any information you would like published prior to the deadline. If you would like to have articles published on specific topics in the Advocate, please contact us.

- The Paralegal Advocate Team

THE PARALEGAL ADVOCATE

is published quarterly by the Tennessee Paralegal Association, an affiliate of the National Association of Legal Assistants, Inc. Articles and other information for the newsletter should be sent to the Advocate Team at the below address. Please title subject heading “For TPA Advocate:

Tennessee Paralegal Association

Attention: Advocate Team Post Office Box 21723

Chattanooga, TN 37424

or lmccullaugh@comcast.net

DEADLINES FOR UPCOMING ISSUES:

WINTER: DECEMBER 31, 2009

SPRING: MARCH 31, 2009 SUMMER: JUNE 30, 2009

FALL: SEPTEMBER 30, 2009 Special Request: Please submit 2 weeks prior to deadline, if possible. Thank you.