the paralegal post - · pdf file07.05.2013 · the kern county paralegal association...
TRANSCRIPT
Now it’s moving into summer, which means a busy
time for all of us! As I was going through my
calendar for the next few months, I realize I only
have one or two free weekends upcoming. All I can
do is wonder how that happened! I think I may have
to schedule a vacation away from my vacations and
appointments.
I am pleased to announce our 2013-2014 Board of
Directors, who were sworn in at the June Installation
of Officers luncheon on June 13:
President: Makala Coleman
Vice-President: Karen Clemens
Secretary: Erica Alajarin
Treasurer: Bobbie Mebane
Programs: Nancy Boles
Membership: Shontice Hildebrand
Community Affairs: Michelle Hill
Webmaster: Makala Coleman
Newsletter: Angela Stidham
CAPA Primary: Jennifer Rodges
CAPA Secondary: Makala Coleman
Student Member; Katy Karcher
Our Paralegal of the Year for 2012-2013 is our very
own incoming Vice President, Karen Clemens.
KCPA’s Outstanding Member was former Board
member Amber Brewer! As you all know, Amber is
a valuable member of KCPA and has continued her
support of KCPA after she left the Board. Lastly, the
Jeannie D. Conner Memorial Scholarship recipient
was our very own Nancy Boles.
We also would like to thank our sustaining members
who help support us throughout the year. We
wouldn’t be able to do any of our activities without
your help!
June also brings the CAPA Educational Conference.
This is CAPA’s 25 Conference, and it’s being held in
Los Angeles, California on June 22, 2013. It should
be an event not to miss! Please visit our website for
further information. If you’re interested in
purchasing opportunity drawing tickets for items
available at the conference, please contact any of
Pres ident ’s Message
In this issue:
July Luncheon
Announcement
2
Job Postings 3
Nancy Boles
Biography
4
July Community
Affairs
Announcement
5
KCPA
Announcements
5
Recording a
Document
By: Nancy Boles
6—9
Attorney Stick 10
Sustaining Members 11— 15
How to Become an
Indispensable
Paralegal by Lakisha
Bealer
16
Kern County Paralegal Association
May/June 2013
The Paralegal Post
your board members before the conference. There
is a MCLE webinar up for grabs worth approximately
$700! You do not need to be present to win.
Also, mark your calendars for July’s Annual Ethics
Members Luncheon! The Luncheon will be held at
Klein, DeNatale, Goldner on July 13, 2013 and it is
free to members with one hour of Ethics MCLE
credit ($15 for non-members and attorneys).
The KCPA Board will be holding its annual retreat in
July; if you have any items that you believe should be
discussed by the board, please let me know. We’re
here to serve you and your input is valuable to the
association.
As a reminder, the court clerk’s office hours are
being reduced effective June 10, 2013. Counters and
telephone services will be available from 8:00 a.m. –
3:00 p.m. Monday through Thursday, and 8:00 a.m. to
Noon on Fridays. The Kern River Branch in Lake
Isabella will be closed. Additionally, court reporter
services will be discontinued for family law and civil
matters (with exception). [Further information
regarding court reports should be posted by the
court by June 1, 2013, so watch for further
information.] Lastly, remember to use the Attorney
Motions Reservation System if you have a fast track
civil case before you send your papers to court!
As this leads you into the summer, I hope you all
have a relaxing and fun summer planned ahead of
you!
The Kern County Paralegal Association (KCPA), a State Bar approved
MCLE provider, invites you to:
Avoiding Abandonment Presented by: Michael Price, MD (Board Certified Orthopedic Surgeon)
of The Spine and Orthopedic Center
A One-Hour Ethics MCLE Event
Date: July 11, 2013
Time: 12:00 p.m. (noon) – 1:15 p.m.
Location: Klein DeNatale Goldner
4550 California Avenue, Conference Room 304
Bakersfield, CA 93309
Cost: Free for KCPA Members
$25 for attorneys and non-members
Please R.S.V.P. by Tuesday, July 9, 2013:
Nancy Boles, Programs Director ([email protected])
or 661-328-5219.
Deadline for cancellations: 5:00 p.m. Tuesday, July 9, 2013.
For our July Community Affairs opportunity, KCPA is accepting
CASH donations to benefit the Heart Gallery.
The Heart Gallery (through Kern Partnership for Children and Families)
is a non-profit organization that assists Kern County youth that age-out
of the foster care system, but are not yet independent.
Your checks, made payable to KCPA, or cash donations can be brought to the July 11 General Meeting.
Litigation Secretary
Chain | Cohn | Stiles is looking to hire a litigation secretary to work in the firm’s personal injury de-partment. Candidates must have 3 to 5 years litigation experience, a minimum typing speed of 50 WPM, must be able to transcribe dictation, must have good communication skills, and should be proficient in MS Word/Outlook. This is a full-time position with benefits. Interested applicants should email their resume to [email protected] or fax their resume to 661-324-1352, Attn: Barbara.
Legal Assistant / Paralegal
Well established plaintiff’s personal injury firm seeks experienced legal assistant/paralegal. Qualified
applicants will have the following:
- 3 + years experience in civil litigation (preferably personal injury)
- Exceptional organizational skills, detail oriented and efficient
- Excellent multi-tasker
- Strong interpersonal skills, applicants responsibilities will include: interviewing potential clients and
frequent interaction with existing clients
- Management of case files including intake, gathering medical records, preparing demand letters,
settlement accountings, drafting pleading, discovery and trial preparation
- Strong computer and writing skills
- Must have a positive attitude and the ability to work well with other staff and be a team player
- Ability to work independently
- Highly motivated and self-starter
Salary D.O.E.
Contact Benton F. McKnight
McKnight, McKnight, McKnight & McKnight
305 Truxtun Avenue, Bakersfield, CA 93301
e-mail: [email protected]
I’m back!!! Many of you know me from my past years on the KCPA board. I took a brief hiatus after three years as president, and really missed being on the board and working with others to further the goals of KCPA. I encourage everybody to take a turn on the board. It really is a lot of fun, and you meet people and develop friendships that you may not have had the opportunity to in your everyday work life.
For those who do not know me, I have worked in real estate law for the past twenty years. I am currently a real estate and corporate paralegal with Klein DeNatale Goldner. Corporate law is a new field for me. I jumped at the opportunity when a position opened up within the firm last year, and I have been able to incorporate my real estate background into the corporate/transactional world.
I have been married to Jim since 1980, and have two adult sons, Richard, who lives in Houston, Texas, and David, who lives in Las Vegas, Nevada. I am very family oriented, and although I live quite a distance from all of my family, we are always in touch, either by phone or e-mail. I organized a family reunion that is happening in June. Our branch of the Orcutt family is converging on Leavenworth, Washington, for a fun weekend of family time. I am very excited about seeing all of my relatives, who also happen to be my friends.
In my quiet time, I read, and do all sorts of craft-type things. My most recent project is knitting. I learned to knit and decided to try to knit socks. I hope to have at least one pair by next winter. Wish me luck!
July
Community Affairs Event The Heart Gallery raises funds to help provide for the un-met needs of foster youth, such
as: school supplies, tutoring, braces, sports activities, music lessons, household items,
and special events.
KCPA is accepting CASH donations to benefit
the Heart Gallery. The Heart Gallery (through
Kern Partnership for Children and Families) is
a non-profit organization that assists Kern
County youth that age-out of the foster care
system, but are not yet independent.
Please help KCPA support this program.
BYLAW AMENDMENT The Bylaws committee and the Board of Directors of KCPA is reviewing and amending the associa-tion’s bylaws, adopting the amended and restated bylaws at the beginning of our fiscal year, July 1. If any voting member is interested in participating in the review and revision of the bylaws, or would like to review a copy of the proposed bylaws, please notify any board member.
MEMBERSHIP RENEWAL
Current membership ends on June 30, 2013. Make sure to get your applications in for the 2013-2014 year! The membership application can be found online at (http://kcpaonline.org/kcpa-forms/).
Recording a Document -- Or How to Prevent the County Recorder from Rejecting Your Document --
By: Nancy Boles
Was the document that you sent to be recorded rejected?
Do you know why?
The main reasons that documents are rejected are:
Incorrect format, including grantor/grantee names.
Narrow margins or margins that have been written in.
Incorrect fees.
Documentary Transfer Tax declaration incomplete or incorrectly completed.
Illegible or non-reproducible legal descriptions.
Preliminary Change of Ownership Report not included and penalty fee not paid.
Incorrect notarial language or illegible notary seal.
Here are a few hints to help prevent rejection.
One of the easiest ways to prevent rejection of a document is to check the recorder’s website prior to preparing and recording the document for formatting and other requirements. The Kern County Re-corder’s home page is http://assessor.co.kern.ca.us/index.php.
In Kern County, all documents must be in black ink (signatures can be in blue ink), and on white paper that is 8-1/2 x 11 inches. If even one page is smaller or larger than 8-1/2 x 11 inches, there is a $3 per page penalty that must be included at the time of recording.
Kern County requires a one-half inch margin, and nothing is to be in that margin. It also requires that the right 5 inches of the top 2-1/2 inches of the first page be reserved for the recording information. If your document does not have that type of space, a cover page can be added to your document. The Kern County Recorder’s website has a form of cover page for your use at http://assessor.co.kern.ca.us/recorder/forms.php.
Some states and counties require a one inch margin (and that means no page numbers or footers in the margins), and some states and counties have no margin requirement at all. Although the require-ment in Kern County is one-half inch, I suggest using a one-inch margin to be safe.
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Kern County requires that the requesting party’s address be placed on the first page, to the left of the area reserved for recording information. Some states want that information on the last page of the document. This is another good reason to check every county recorder’s website prior to preparing your document.
When you are preparing a deed, the name(s) of the grantor(s) must be exactly the same as the man-ner in which the grantor(s) hold title. The recorder does not check that, but when the assessor per-forms the review, and even though the document has been recorded, if the grantor’s name is incor-rect, the document will be sent back to the individual requesting the recording with instructions to cor-rect the name of the grantor. Title will not be clear until that correction has been made. Also, do not type “John and Mary Smith.” It must say “John Smith and Mary Smith.”
Illegible or non-reproducible legal descriptions are another reason that documents are rejected. This is a big problem, because it is highly recommended that you never re-type a legal description. If incor-rectly retyped, it could open your lawyer or firm to a potential malpractice claim if an error causes a transfer or a lien or other activity against the wrong real property.
Unfortunately, in the real world, legal descriptions must frequently be re-typed if a legible, reproducible legal description is to be attached to your recordable document. Prior to re-typing a legal description, see if there is a preliminary report or a policy of title insurance available that has a good copy of the legal description that can be attached to your document. If neither is available, attempt to obtain a copy of the most recently recorded insured deed, either from the county recorder or from a title com-pany. If the legal description on the deed will not be accepted by the recorder due to poor reproduc-tion quality, hopefully it is clear enough to read and re-type. Once you have re-typed it, sit down with a co-worker and have your co-worker proof-read the legal description that you have typed, while you read the source document’s legal description to your co-worker. “Proof-reading,” in this case, means every comma, semi-colon, capitalization, everything. If you know how to identify the legal description on the assessor’s map, it is also a good idea to draw it to ensure that you are describing the property that is intended to be affected by the recording of the document.
Always check the recorder’s website for recording fees. Kern County’s recording fees have been changing frequently, and I never assume that I know the fees. If you are unsure of the amount and cannot reach a recording clerk to ask how much the fee should be, send a “not to exceed” check, add-ing an additional amount over what you think the fees are. Depending upon the amount of the “assumed” recording fees, you may want to add $10 or more. A word of warning though. If you are recording out of Kern County, call the recorder to see if the “not to exceed” check will be accepted. Some county recorders will not fill in the amount and will reject your recording (I’m speaking from re-cent experience on that one!).
There is a $2.00 Real Estate Fraud Fee that is added to the recording costs for “Deed of Trust, As-signment of Deed of Trust, Reconveyance, Notice of Default, Request for Notice, Substitution of Trus-tee, Notice of Trustee's Sale, Rescission/Cancellation of Default Notice, and all Real Estate Docu-ments as defined in Gov. Code 27388.” Unless you have a copy of Gov. Code 27388 at your finger-tips, you should call the recorder’s office in advance and see if your document is subject to the Real Estate Fraud Fee.
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Look for what I call “surprise fees.” If you are recording an assignment of lease or other document in which you refer to the previously recorded document that is being assigned, there is an additional “indexing” fee of $1.00 per previously recorded document that is being assigned. This “surprise fee” is not listed on every county recorder’s website. If you are recording an assignment, it is a good idea to call the recorder to determine the fee, or bring a blank check with you. I have included the fee on checks for assignments in which I am assigning multiple recorded leases in one document and have been told it isn’t needed (and the litigation folks think being pinked is frustrating!).
A very helpful fee is the copy fee. If you want a copy of the recorded document immediately upon re-cording, include an additional $3 per document with your recording fee, and ask the recording clerk for a copy prior to recording. All you will receive is the first page, but with a copy of the document sent for recording sitting at your desk, the copy of the recorded first page can be attached to that document and you have a complete copy of the recorded document immediately.
Payment of the Documentary Transfer Tax (.55 per each $500 of value), or the exemption for non-payment of the Documentary Transfer must be included with all transfers of real property. You must use the exemption language as set forth in section 11921 of the Revenue and Taxation Code. The forms section of the Kern County Recorder’s website has a list of exemptions and also a documentary transfer tax table so that you don’t have to attempt to calculate the tax.
A Preliminary Change of Ownership Reports is required when there is a transfer of title. That form is also in the forms section of the Kern County Recorder’s website. If you don’t include it, and there are sometimes reasons that your lawyer may not want to include it, there is a $20 penalty that must be paid at the time of recording. The Preliminary Change of Ownership Report is then sent by the Coun-ty Assessor to the new owner to complete. Lack of the Preliminary Change of Ownership Report is not reason for rejection. Lack of payment of the $20 penalty is.
Incorrect notary acknowledgment or jurat language will cause the recorder to reject your document. Many people pull up an older document in the office’s computer system and use it to create a new document. Unfortunately, unless the preparer is a notary, that person may not be aware of Califor-nia’s statutory acknowledgement or jurat language. Ensure that the correct acknowledgement or jurat language is being used. The acknowledgment language is in the forms section of the Kern County Recorder’s website. The jurat language is at the Secretary of State’s website (http://www.sos.ca.gov/business/notary/forms/notary_jurat.pdf).
The notary’s seal must be clear and photographically reproducible. If it is smeared or blurry, request that the notary line out the smeared or blurry seal imprint and “re-stamp” the document. There is a declaration that can be used for an illegible seal, but completion of the declaration is a decision that must be made on a case-by-case basis. The recorder has the declaration at the window, and title companies can provide the declaration language too.
I hope that this information makes your future document recordings successful (the correct term is “recording,” not “filing”).
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And finally, here are some helpful links.
• Home: http://assessor.co.kern.ca.us/index.php
• Document Standards: http://assessor.co.kern.ca.us/recorder/doc_standard.php
• Forms: http://assessor.co.kern.ca.us/recorder/forms.php
• Recording Costs: http://assessor.co.kern.ca.us/recorder/doc_record.php
• California Public Records: http://www.criis.com/
• Google or other search engines are the quickest way to locate out of county or out of state record-ers’ websites.
KCPA’s Sustaining Members
ACTIVE LEGAL PROCESS SOLUTIONS
ATKINSON-BAKER COURT REPORTERS
ATTORNEY’S CERTIFIED SERVICES
AWE AND ASSOCIATES
CHAIN | COHN | STILES
DOWLING | AARON, INC
EDWARD J. THOMAS, APC
ESQUIRE SOLUTIONS
KELEHER’S CERTIFIED SHORTHAND REPORTERS
KERN LEGAL SERVICES, INC
KLEIN | DeNATALE | GOLDNER
PHYLLIS LOPEZ, Realtor
WOOD & RANDALL
Become a Sustaining Member of KCPA Today!Become a Sustaining Member of KCPA Today!Become a Sustaining Member of KCPA Today!Become a Sustaining Member of KCPA Today!
As a Sustaining member, your company’s employment ads run as needed at no charge, your compa-
ny’s logo ad runs monthly in THE PARALEGAL POST, and your company’s name and website link are
placed on KCPA’s website. Sustaining Membership is only $125.00 per year. A great value! Please
contact our Member Services Director, Jannett Coats at [email protected] and become a KCPA
sustaining member today!
Phyllis Lopez, DRE License# 01195361
(661)333-8506
Law Office of
Edward J. Thomas
A Professional Corporation
EDWARD J. THOMAS
Certified Specialist Family Law
The State Bar of California
Board of Legal Specialization
5201 California Avenue, Suite 400
Bakersfield, California 93309-1673
31 H Street
Bakersfield CA 93304
www.kernlegal.com
HOW TO BECOME AN
INDISPENSBLE PARALEGAL Posted on May 13, 2013 Written by Lakisha Bealer of Paralegal Rainmakers
There is no question that the job market for paralegals is very competitive and there are no signs to indicate that this competition will slow
down. Some paralegals will view this competition as a threat and shrink back into mediocrity, but others will view it as a challenge and take the
necessary steps to stand out from the crowd and demonstrate their value to their employers. If you have already arrived at this enlightened
state of paralegalism kudos to you, but if you have not let’s get started with scrapping your mediocre paralegal existence and replace it with a
higher level of paralegalism. This will be the first in the series “How to Become an Indispensable Paralegal”. This series will include
information to assist you in becoming an indispensable paralegal. So grab your Starbucks® or whatever you drink and notepad because I
guarantee that if you implement these steps you’ll become an indispensable paralegal. And if you want to be even more exceptional consider
registering for Paralegal Rainmakers Summit on July 26, 2013, on-line at 9:00 to 2:00pm PST. Ready, set, let’s get started ya’ll.
First you have to scrap your cookie cutter view of a paralegal’s role and replace it with a new one. This cookie cutter view hinders a paralegal
from owning their paralegal role and demonstrating their true value to employers and the legal community. It is critical to a paralegal’s success
to own the paralegal role. Without ownership a paralegal will always be mediocre, never transcending from a job focused mindset to a career
focused mindset. This type of a paralegal’s actions will always mimic that of the countless other paralegals that are just doing what is
necessary to keep a job, and never perform at a level that is needed to sustain a successful paralegal career. An employer can find hundreds
of paralegals to draft documents and conduct research, but finding a paralegal that performs these functions while understanding that
performing these functions efficiently has a direct impact on their career is like finding a rare jewel. Taking ownership allows a paralegal to look
beyond the bounds of one particular employer and see the impact that their actions have on their career and the legal community overall. This
view ultimately results in a better work product and job satisfaction.
Following are some questions to ask yourself to determine where you are right now on your path to becoming an indispensable paralegal:
Do you volunteer for additional assignments on your job?
Do other co-workers come to you for assistance?
Have you received any new job assignments within the last year?
Do you subscribe to any legal publications?
Do you belong to any paralegal associations?
Do you network with any paralegals outside of your job?
Do you write for any legal publications?
Do you do any pro bono work?
Do you have any attorneys in your professional network?
Do you have any mentors?
If you answered yes to questions 1-4 you are an asset to your employer, if you answered yes to questions 1-7 you are an asset to your
employer and a contributor to the paralegal profession, and if you answered yes to questions 1-10 you are an asset to your employer, a
contributor to the paralegal profession, and a contributor to the legal community.
http://agility-ps.com/2013/05/13/how-to-become-an-indispensable-paralegal/
P.O. Box 2673
Bakersfield, CA 93303
www.kcpaonline.org
President, CAPA Primary, Webmaster
MAKALA COLEMAN, CP
(661) 345-4296
Vice President
JUSTIN MADDING
(661) 323-4000
Secretary
SHELLY HOWLETT
(661) 395-1000
Treasurer
BOBBIE MEBANE, CLA, ACP
(661) 322-1777
Programs/Education Director
NANCY BOLES
(661) 395-1000
Member Services
JANNETT COATS
(661) 323-4000
Community Affairs
STARLENE PARSON
(661) 325-5943
Newsletter Editor
MICHELLE WHITAKER, CP
(661) 868-2819
Public Information
ERIN LINDSEY
(661) 327-9661
CAPA Secondary Representative
JESSIE FROST
(661) 331-7290
Student Representative
PATRICIA ORTIZ
(661) 323-4000
Kern County
Paralegal Association
KCPA 2012/2013 BoardKCPA 2012/2013 BoardKCPA 2012/2013 BoardKCPA 2012/2013 Board