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I N T H I S I S S U E . . .

News on Policy and

Public Affairs

4

Upcoming Events 12

Education News 13

National Paralegal

Education

19

IAP Network F E B 2 0 1 1 — M A R C H 2 0 1 1 I D A H O A S S O C I A T I O N O F P A R A L E G A L S

"IAP Network" is published

bi-monthly by the Idaho

Association of Paralegals, Inc.

and is provided as a service to

all members.

Articles and submissions are

welcome.

Opinions expressed in this

publication are those of the

authors and do not

necessarily represent the

opinions of the association or

its members.

Idaho Association of Paralegals, Inc. P.O. Box 1254

Boise, ID 83701 www.idahoparalegals.org

with Beth. I will assign volunteers on a first come first serve basis.

Also, watch for the salary survey coming soon!! 

This issue of the IAP Network focuses on education. One of IAP’s efforts to support education has been to award the Denise O’Donnell-Day scholarship each year. Since BSU will no longer have a paralegal studies program, it is our intent to re-direct the scholarship funds (approximately $200.00 to $400.00 annually) to benefit our members. The board has discussed the possibility of awarding those funds each year to a member who can use

the money to further his or her continuing legal education. Beth Rountree has agreed to chair a committee to determine the best use of this award. Beth will need two to three committee members to assist her. I invite you to contact me if you are interested in serving on this committee

Celebrating 30 Years

President’s Message By Kendra Fiscelli

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BOARD MEMBERS

2010-2011

KENDRA FISCELLI, PRESIDENT PRESIDENT@IDAHOPARALEGALS.ORG 208-385-5452

COLLEEN KOHLER, VP OF POLICY & PUBLIC AFFAIRS PUBLICAFFAIRS@IDAHOPARALEGALS.ORG 208-345-1122

GREG BRADFORD, VP OF EDUCATION EDUCATION@IDAHOPARALEGALS.ORG 208-562-4848

LISA M. WARREN, VP OF MEMBERSHIP MEMBERSHIP@IDAHOPARALEGALS.ORG 208-332-7964

MARYANN DUNCAN SECRETARY SECRETARY@IDAHOPARALEGALS.ORG 208-855-2200

KATHRYN BRANDT, TREASURER TREASURER@IDAHOPARALEGALS.ORG 208-343-5454

LISA HOAG, NATIONAL AFFAIRS REPRESENTATIVE NATIONALAFFAIRS@IDAHOPARALEGALS.ORG 208-334-8823

IAP Board meetings are held monthly and are open to all members. The Board welcomes your comments, ideas and

suggestions. Please call any of us at the above phone numbers.

Where there is an open mind, there will always be a

frontier. ~Charles F. Kettering

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News on Policy and Public Affairs By Colleen Kohler, Vice President of Policy

and Public Affairs On Education and Certifications In the absence of an ABA approved paralegal education program in the state of Idaho, you may want to know what current paralegal programs are available around our state: College of Idaho - does not list a paralegal program. North Idaho College - Associate of Applied Science Degree Paralegal Studies College of Western Idaho - has a program for “Legal Administrative Support” Two programs offered: Advance Technical

Certificate, four semesters, 57 credits.

ATC with an Assoc. of Applied Science (AAS)

degree, 64 credits; AAS also requires completion of 16 credits of GE course work and passing a Computer Skills Assessment.

Idaho State University - Associate of Applied Science Degree Paralegal Studies Four-semester

program. Admits 12 students

each year. Beth Rountree, who assisted me with this project, contacted Sandi Rich Scheetz at ISU. Sandi indicated that, although the program at ISU is not ABA approved the program is AAFPE (American Association for Paralegal Education) accredited, which is similar to the ABA program but without as many fees and audits. The ISU program’s Interim Director is Mary Huneycutt and students

can contact her directly at 208-282-5846, hunemary@isu.edu, or they can go to the ISU website at http://www.isu.edu/ctech/paralegal. The ISU program is four semesters long and accepts 12 students per year. There is currently a waiting list. Treasure Valley Community College - Offers a “Criminal Justice: Corrections certificate” (46 credits). University of Idaho - has its College of Law but I did not see any programs for a paralegal. Lewis and Clark State College - Offers B.S. or A.A.S. of Paralegal, or a Technical Certificate, Paralegal. Technical, Trade Schools in Idaho: Brown Mackie College,

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Boise 9050 W. Overland Road, Suite 100 Boise, ID 83709 Paralegal Associates

Degree Paralegal Assistant

Diploma ITT Technical Institute 12302 West Explorer Dr. Boise, ID 83713-1529

AAS, Paralegal Studies

Please note: As with any for-profit business, we recommend thorough investigation. The Idaho State Board of Education registers for-profit institutions. The State Board’s website contains some very good information about how to investigate the value of a for-profit educational center. The website for the Idaho Board of Education is http:\\www.boardofed.idaho.gov, scroll down the side of their webpage to “Private Colleges & Universities.”

ABA approved programs in surrounding states: Washington—5 Edmonds Community

College, Post-Baccalaureate Certificate

Highline Community College, AAS

Skagit Valley College, AAS, or Post-Baccalaureate Certificate

Spokane Community College, AAS or Post-Degree Certificate

Tacoma Community College, AAAS or Post-Degree Certificate

Oregon—1 Portland Community

College (Cascade and Central Campuses), AAS

Utah—2 Salt Lake Community

College, AAS in Paralegal Studies

Utah Valley University, AAS or

BS in Paralegal Studies

Wyoming—2 Casper College, AAS

or Post-Baccalaureate Certificate

Laramie County Community College, AAS

Montana—2 University of Great

Falls, AAS or BS in Paralegal Studies

University of Montana, AAS

Colorado—3 Arapahoe

Community College, AAS or Post-Baccalaureate Certificate

Community College of Aurora, AAS or Certificate

Kaplan College, Post-Degree Certificate

Arizona—4 Everest College

Phoenix, AAS in Legal Assisting

Lamson College, AAS (note that their program also

News cont’d.

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News cont’d. prepares graduates for the CLA exam)

Phoenix College, AAS or Post-Degree Certificate

Pima Community College, Post-Degree Certificate

New Mexico—1 Central New Mexico

Community College, AAS or Post-Degree Certificate in Paralegal Studies

California—27 I will not bother to list them all, the state is pretty well covered. In addition, there is an online program through The Center for Advanced Legal Studies. They are physically located in Houston, Texas, but received approval to offer classes though Online Interactive Instruction in 2009, and their program is ABA approved. ABA approval, along with many forms that must be completed and

fees that must be paid, has the basic requirements of: Education is at a

postsecondary level The program must be

at least 60 hours, to include general education and legal specialty courses. 

The program must be offered by an accredited school 

The program can be offered by a two-year, four-year, or vocational school.  Hopefully, this listing will assist you in answering queries concerning current educational options in and around Idaho for paralegal studies. Becoming an educated paralegal is one subject, continuing education is another. Lisa Hoag’s article in this issue highlights the requirements for several paralegal professional certifications. When I was looking over the possibilities for certifications, and the initials that accompany

them, it made me think of the entertainment industry. What was once just the Academy awards has grown to the People’s Choice awards, the Critic’s Choice awards, the Producer’s Guild awards, the Golden Globe awards, and so on. For paralegal certifications, there is: From NALS: ALS, Accredited Legal Secretary, basic; PLS, Professional Legal Secretary, advanced certification; PP, Professional Paralegal. From NALA: CLA/CP. Here is NALA’s own commentary on the choice of CLA or CP: “The terms “legal assistant” and “paralegal” are synonymous terms. This is not a choice or opinion of NALA, but a fact. The terms are defined as such throughout the United States in state supreme court rules, statutes, ethical opinions, bar association guidelines and other similar

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News cont’d. documents. These are the same documents which provide recognition of the paralegal profession and encourage the use of paralegals in the delivery of legal services…Those who are admitted to the Certified Paralegal programs, and successfully complete the examination may use either the CLA or CP credential.” From NFPA: the PACE exam, which can earn you “RP”. Just think of it, your business card can look something like this:

Molly Paralegal, ALS, PLS, PP, CLA, CP, RP

With all those initials, I could compete with my mechanical engineer brother, he only gets, M.E. And here is a piece of trivia for the next time you are dropping disassociated facts with a friend: Both “CP” and “CLA” are Certification Marks registered with the

US Patent and Trademark Office by the National Association of Legal Assistants, Inc. (NALA). CLA was registered on March 11, 1980; CP was registered July 20, 2004. Did you know there was a US Supreme Court case concerning the utilization of professional credentials awarded by private organizations? The case was Peel v. Attorney Registration and Disciplinary Committee of Illinois, 110 S.Ct. 2281 (1990). The case came about because the Attorney Registration and Disciplinary Commission filed a complaint against attorney Peel who had a professional designation on his letterhead (“Certified Civil Trial Specialist by the NBTA”) which the Commission complained held Peel out as a certified legal specialist in violation of Rule 2-105(a)(3) of the Illinois Code of Professional

Responsibility. The Commission recommended censure. The Illinois State Supreme Court adopted the Commission’s recommendation, concluding that the First Amendment did not protect Peel’s letterhead because the public could confuse the State and NBTA as the sources of his license to practice and of his certification. The Supreme Court reversed and remanded the case, arguing that the letterhead was not inherently or actually misleading and, “…the same risk of deception is posed by specified designations for ‘Registered Patent Attorney’ and ‘Proctor in Admiralty’ which are permitted under Rule 2-105(a).” The case provided guidelines for a claim of certification. A claim of certification is truthful and not misleading if: The claim itself is

true 

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News cont’d. The bases on which

the certification is awarded are factual and verifiable 

The certification 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 

and further, the court advised that There must be a

qualified organization to stand behind the certification process. 

So if you earn a certification from one of the national organizations, you can display it proudly, so long as you don’t run out of space on your business card.

On a lighter note: Have you heard? Double spacing between sentences is no longer the correct way to do things. It is now seen as a carryover from the days of typewriters with monospaced fonts, where an ‘i’ took the same amount of space on the page as a ‘W’. Now that we use computers to generate texts, which are filled with choices of proportional texts, and even the ability to justify a line of text at the simple touch of an icon on your Word toolbar, double spacing is no longer needed. It is even strongly suggested that double spacing between sentences interrupts the reading flow of a document. But how many of you have a thumb on your right hand that has been trained into a completely automatic double click at the moment that you place that period at the end of a sentence?

Stephen M. Nipper of Buchanan Nipper, LLC, and writer of: http://inventblog.com/ produced an amusing parody of this problem on a recent posting (you Monty Python fans will recognize the reference): “First shalt thou end each sentence with an appropriate punctuation mark. Then, shalt thou add two, no more, no less, spaces. Two shalt be the number thou shalt count, and the number of the counting shall be two. Three shalt thou not count, nor either count thou one, excepting that thou then proceed to two. Four is right out. Once the number two, being the second number, be reached, then proceedest thou to begin a subsequent sentence.” If you are thinking that it might be impossible to retrain your brain, Mr. Nipper was kind enough to provide us with the instructions to set the correction into Microsoft Word so that it will

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News cont’d. highlight the correction for you. Here we go: Go to the Word Options menu (for 2007, Word Options is at the bottom of the box when you click on the Microsoft Word Icon, or you might try the shortcut, Alt F and then Alt I; on my laptop, with a newer version of word, the shortcut is Alt F and then Alt T). Next go to ->Proofing->When correcting spelling and grammar in Word->Writing Style: Grammar & Style->Settings->Require->Spaces required between sentences: 1. Suddenly, all the documents you type will have those lovely correction marks after each period to highlight the fact that you are a double spacer. That obnoxious highlighting does make it a lot easier to change your old habit. It’s a sort of tortuous conditioning, like getting a small electric

shock when you choose the wrong path. I have to admit, the flow of reading is better with the single space. While you are in the Word Options correcting menu, you might find some other useful changes you like as well. I set my options to catch spelling errors when typing in all caps. That helps with all those legal documents that love to use ALL CAPS in the titles of people and papers. Have fun with that.

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The aim of education should be to teach us rather how to think, than what to think-rather to improve our minds, so as to enable us to think for ourselves, than to load the memory with

thoughts of other men. ~Bill Beattie

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IAP—A Glimpse Back - Correction

By Bernice Myles

In the December 2010-January 2011 IAP Network, the author of the article entitled, IAP-A Glimpse Back (at p. 11) erroneously identified Nancy Patrick as a presenter. Joanne Kimey and Beth Rountree, along with their supervising attorneys, Walter Bithell and Mia Murphy, presented “Using Paralegals to Enhance Productivity and Profit” as an Idaho State Bar CLE. Bernice Myles, in her capacity as IAP President, also spoke with regard to what an applicant’s membership in the IAP means to a potential employer.

Upcoming Events

FEBRUARY 2011 1 Newsletter

3 Board Meeting, 5:30 pm at Starbucks on Franklin by the Mall

9 CLE Brown Bag Lunch in Boise

MARCH 2011 3 Board Meeting, 5:30 pm at Starbucks on

Franklin by the Mall

APRIL 2011 1 Newsletter 7 Board Meeting, 5:30 pm at Starbucks on

Franklin by the Mall 13 CLE Brown Bag Lunch in Meridian

OPPORTUNITIES TO SERVE IAP Members, let’s take time out to give

The BOISE RESCUE MISSION MINISTRIES' CITY LIGHT

HOME FOR WOMEN & CHILDREN

***** have the following needs*****

* Gas gift cards * Good books (family friendly) * Aluminum foil * Razors & shaving cream * Deodorant * New Underwear * Men’s t-shirts * New Socks * Laundry Detergent * Bleach and cleaning supplies * Umbrellas * Space Heaters * Over the Counter Cold Medications (children and adults) * Household light bulbs * Diapers of all sizes (esp. 4, 5, 6) and baby supplies * Gift cards for unexpected needs

Please deliver your donations to Kendra Fiscelli at:

Moffatt Thomas 101 S Capitol Blvd

10th Floor PO Box 829

Boise, Idaho 83701

By February 15, 2011 and Kendra will deliver IAP's donation by the following Friday.

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Another year is underway and we are all busily churning out the billable hours anew. We Board Officers are currently in the process of building another year of continuing legal education activities and opportunities for volunteer work and community involvement for our membership. In the coming year we at IAP have a series of CLE events in two locations, Meridian and Boise, as well as a new venue for our upcoming seminars. This year, we will return to the Garden Hilton Inn for the spring and fall seminars. As well, we are implementing some new opportunities for informal get-togethers. We thank those of you who were able to attend our recent holiday party. If impressions are any indication, the event was well-received and quite successful. Keep an eye on our newsletter and the occasional membership emailing, as we keep you apprised of events as they occur.

Our initial continuing education event for February is in the works, and we are beginning to consider speakers and topics for our seminars. Please feel free to submit any suggestions for speakers and topics to education@idahoparalegals.org. Also, for information regarding upcoming seminars in Meridian, feel free to contact Kim Schwisow at Murphy Law Office. Kim and her colleagues, Board Secretary Maryann Duncan and IAP member Beth Rountree, are great resources for all things paralegal.

We hope you enjoy these opportunities, and as always, we welcome your suggestions and input. After all, why are we part of this organization?

EDUCATION NEWS By: Greg Bradford, Vice President of Education

He who asks a question may be a fool for five minutes. But he who never asks a question remains a fool forever.

~Tom J. Connelly

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CLE Opportunities

On February 15 from 7-9 pm, the Idaho Legal History Society and the Idaho Chapter of the Federal Bar will present, “The Lucasville Rebellion: Informants, Perjury and the Search for Truth.” This presentation will analyze issues pertaining to informant witnesses and the use of perjured testimony. The presentation is worth 2.0 CLE credit hours.

Location is the Boise Contemporary Theater at 854 Fulton Street. The ticket price of $20.00 includes a reception. For ticket sales, contact: “Vil” Vilinskis, (208)908-3124. You can mail your check to Susie Headlee at 550 West Fort Street, 6th Floor, Boise ID 83724

********************************

February

2/3/11 - Beyond the Basics in Employment Law, (Live Presentation), Boise, ID. Course #10-2714. 6.75 MCLE, 0 Ethics credits. Call Sterling Education Services, (715) 855-0495.

2/7/11-2/8/11 - Advanced Planning Seminar - Estate and Business Planning, (Live Presentation), Spokane, WA. Course #10-3537. 10.25 MCLE, 0 Ethics credits. Call Northwestern Mutual Life Insurance Company, (414) 665-1500.

2/8/11 - Mandatory Course on the District of Columbia Rules of Professional Conduct and District of Columbia Practice, (Live Presentation), Washington, DC. Course #10-3481. 5 MCLE, 3.5 Ethics credits. Call District of Columbia Bar, 202-737-4700.

2/10/11-2/12/11 - Winning Strategies Seminar, (Live Presentation), San Antonio, TX. Course #10-3372. 18 MCLE, 1 Ethics credits. Call Administrative Office of the United States Courts, (800) 788-9908.

2/10/11-2/11/11 - Advanced Planning Seminar - Estate and Business Planning, (Live Presentation), Boise, ID. Course #10-3537. 10.25 MCLE, 0 Ethics credits. Call Northwestern Mutual Life Insurance Company, (414) 665-1500.

March (some big seminars coming from the ISB)

29th Annual Bankruptcy Seminar

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Presented by the Idaho State Bar Commercial Law & Bankruptcy Section Thursday - Saturday, March 3, 4, & 5, 2011 U.S. Courthouse & Federal Building / The Coeur d’Alene Coeur d’Alene, Idaho 13.75 CLE credits of which 1.0 is ethics

Trial Skills Academy

Presented by the Idaho State Bar Litigation Section Friday & Saturday, March 4&5, 2011 James A. McClure Federal Building and United States Courthouse 550 W. Fort Street - Boise, Idaho 13.0 CLE credits

Workers Compensation Annual Seminar

Presented by the Idaho State Bar Workers Compensation Section Friday, March 11, 2011 8:00 a.m. to 4:15 p.m. Sun Valley Resort - Sun Valley, Idaho 6.0 CLE credits

Lorman Business Center:

Internet Research for Paralegals—Feb. 10, 2011 and Feb. 22, 2011 Federal Cases from Pleading to Judgment for Paralegals—Feb. 17, 2011 Essential Discovery Skills for Paralegals—March 8, 2011

************************************

For additional CLE Opportunities, please visit:

www.westlegaledcenter.com

www.nbi-sems.com

www.halfmoonseminars.com

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The Idaho Association of Paralegals Brown Bag Luncheon Series Presents…

Court Room Technology: Some Basic Dos and Don’ts

With:

Patrick Roden M & M Court Reporting

Wednesday, February 9 11:30 a.m. – 1:00 p.m.

(Lunch from 11:30 – 12:00/ Presentation from 12:00 to 12:50p.m.)

Idaho Law Foundation, 525 W. Jefferson, Boise, ID

Please RSVP by Tuesday, February 8, 2011 to Greg Bradford

at

bradford@zmjlaw.com

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Membership News By Lisa Warren, Vice President of Membership 

At the December 2, 2010, board meeting, the board approved Stephanie Omsberg’s application for Active membership. Stephanie obtained a Bachelor’s Degree in Legal Assistant Studies at Moorhead State University in MN and an Associate’s Degree from the University of ND. Stephanie possesses over 13 years of legal experience and is currently employed at Holland & Hart. The board is happy to welcome Stephanie as a new member to the Association.

At the January 6, 2011, board meeting, JoEllen Warren was approved for Active Membership. JoEllen has earned a Bachelor’s Degree from University Eau Claire Wisconsin and a Masters Degree from the University of Minnesota. JoEllen has been employed at Murphy Law for three years and brings more than 13 years of legal experience to the Association. The board is pleased to have JoEllen return to the Association. Welcome back, JoEllen!

IAP currently has 52 members: 49 Active members, 1 Active Status Pending member, 1 Retired member and 1 Supporting member.

The Association’s fiscal year runs October 1 to September 30. As a reminder, all Active and Active Status Pending members need to obtain at least six hours of continuing legal education each year. If you have attended non-IAP-sponsored CLEs, please remember to fill out the CLE form that can be found on the IAP website (www.idahoparalegals.org) prior to submitting the CLE materials to IAP for credit. You can e-mail your completed CLE information at any time during the year to: membership@idahoparalegals.org. A CLE waiver is also available on the IAP website, if needed.

Finally, please remember to let me know if you have a change of address, e-mail address, job or telephone number to ensure that you continue to receive IAP news and seminar information, as well as job bank notifications.

IAP regularly emails job opportunity announcements to IAP members. For additional job opportunities, check the Idaho State

Bar’s website at http://www2.state.id.us/isb/job_announce/

announcements.cfm

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WIN

MO

VIE

TIC

KETS

Congratulations to NANCY PATRICK for correctly answering the trivia question in December. The correct answer was: NFPA Exam,

1994, NALA exam, 1976.

Two movie tickets to the second IAP member who emails Colleen Kohler,

colleen@dykaslaw.com, with the correct answer to the question:

What is the ‘first use date’ listed on the original trademark

registration for CLA that was issued to the National Association of

Legal Assistants, Inc., on March 11, 1980?

(Only one email per member, please.)

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There are several national paralegal associations who offer additional continuing paralegal education. They are:

The National Association of Legal Assistants – Paralegals (NALA)

Located at - http://www.nala.org/

NALA offers professional certification to legal assistants/paralegals where examinees go through five areas to demonstrate knowledge in Communications, Ethics, Legal Research, Judgment and Analytic Ability and Substantive Law along with an examinee’s choice of four of the nine substantive areas of law containing:

Administrative Law Bankruptcy Business Organizations Civil Litigation Contracts Criminal Law and Procedure Estate Planning and Probate Family Law Real Estate

http://www.nala.org/examdesc.aspx

If the examinee achieves a 70% or better on the exam then they may add the registered trademark initials “CP or CLA” behind their name to identify them as a Certified Paralegal or Certified Legal Assistant. This should not be misunderstood to be a paralegal who graduated with a certificate from an approved ABA accredited paralegal/

legal assistant program. The cost to become a member of NALA is $125 per year and the cost to take the test is $250 if you are a member of NALA or $275 if you are a non-member of the organization. The closest association is located in Portland, Oregon. IAP currently has one Certified Paralegal and one Certified Legal Assistant in our membership, Donna LaRue, CP and Toni Orth, CLA.

The National Federation of Paralegal Organizations, Inc. (NFPA)

Located at http://www.paralegals.org/

NFPA offers the designation of registered paralegal after an examinee takes the Paralegal Advanced Competency Exam (PACE). After you submit your package to apply for the test you have 90 days to take the test at a Sylvan Technology Center/Prometric testing center (a center is located in Meridian). The PACE examines a paralegal’s knowledge in two tiers of which the first tier tests relate to general legal issues and ethics as well as when needed for state-specific laws. The second tier test relates to specialty areas of laws and is currently being developed.

Tier I includes the following topics:

1. Administration of the client's legal matter 2. Development of the client's legal matter 3. Factual and legal research 4. Factual and legal writing

National paralegal education By Lisa Hoag

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5. Office administration After an examinee passes the test, they may

use the designation, “PACE-Registered Paralegal” or “RP” after their name. The cost to take for the exam is $225 if you are a NFPA member or $250 if you are a non-member. To join NFPA you need to locate a local NFPA association, however, the state of Idaho does not have an association, so the closest association is located in Portland, Oregon. When you join the association, a portion of your dues goes to support the national association. Our association has one Pace - Registered Paralegal, Ramona Banjac when she earned her designation in 2005.

The National Association for Legal Professionals (NALS)

Located at: http://www.nals.org/

NALS also offers a designation as a Professional Paralegal (PP) certification. The exam also tests the paralegals knowledge in several skill areas. The exam includes the following topics:

Part 1-Written Communications Part 2-Legal Knowledge & Skills Part 3-Ethics & Judgment Skills Part 4-Substantive Law

After you pass the examination, which is conducted in March and September of each year, you may put the designation “PP” behind your name. The cost to take the Professional

Paralegal examination for a member is $200 and if you are a non-member, it is $250. To join the local association in Boise the cost is $143 for a new membership in the national association, however, you need to provide the local chapter a copy of your application.

These examinations show the paralegal to be proficient in procedural and communication skills, advanced knowledge in procedural law, the law library, and preparation of legal documents, as well as have a working knowledge of substantive law and the ability to perform specialty delegated work as directed by an attorney. The paralegal interacts professionally with clients, attorneys, and staff. The paralegal is responsible in their duty and has good judgment in ethical dilemmas.

If any of the above designations interest you, I invite you to check the above website links for the respective certification qualifications and continuing education requirements.

National paralegal education By Lisa Hoag

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