“I Saw It on Facebook, Now How Do I Use It at Trial?” We Know You're Doing a Million Things at Once, That's Why We Provide Quality Services Like You Need Them...FAST!
Total Page：16
File Type：pdf, Size：1020Kb
summer 2010 vol. 16 no. 1 Texas ParalegalTPJ Journal “I Saw It on Facebook, Now How Do I Use It at Trial?” We know you're doing a million things at once, that's why we provide quality services like you need them...FAST! Rely on RASi When you take advantage of RASi's wide range of corporate services, not only will you be impressed with the incredible savings you'll receive, but you'll also experience fast and efficient customer service like never before. With RASi's strategically located service centers in California, Delaware and Texas, extended service hours and extensive online resources, you can trust that your company is receiving the best value for your Corporate and Registered Agent needs. Fast Turnaround Times Nationwide Services Most Competitive Rates Registered Agent Solutions, inc. www.rasi.com (888)705-7274 and only gather wealth for their own desires. You were created to make a PRE sid E nt ’ S difference. How do you want to make a difference in the world, your commu- by Debra Oaks Guerra nity, your profession? True joy comes Message from focusing on helping others and work for a firm that even know what they are? Iinvests in energy. The improving their lives. Start building United States Department Discover Your YOUR legacy today! of Energy is investing bil- Natural resources lions of dollars in alterna- realize sustainability tive energy solutions. It’s What are your goals? Sustainability is the capacity to endure. all around us. Depleting What is the vision you have It is the potential for long term main- natural resources is the for your life – not just a tenance of well being. When you tap buzz word everywhere you vague dream or idea – a into your natural resources and begin turn these days. People have concrete, exciting vision of to live the life you were designed to great concern about our what you would love to live, your life takes on a whole new dependence on foreign oil, accomplish? I challenge each meaning and vibrancy. Don’t miss it. the diminishing rain forests, the fear of you to dig deep within and begin to Don’t waste it. Begin creating the life of the wildlife extinction, and so much unearth the passion that may lie bur- you love by mining and sustaining your more. ied underneath insecurity, unbelief or own natural resources today. After all, busyness. as the Paralegal Division turns 30 and While we fight these causes, we may be celebrates its “pearl” anniversary - what ignoring a much greater concern – the What do you love to do? better way to acknowledge that mile- dormant natural resources within each What gets you excited and energized? stone than by discovering the treasures of us. Every person has been created What sorts of projects or conversa- buried deep within? with the ability and talents to create tions do you enjoy taking part in? If It is my great privilege to serve as your a phenomenal life of abundance. We you could have a day doing anything 200–20 President. I commit to work all have the ability to thrive. Have you that brings you joy, what would you be closely with the Board of Directors to tapped into your natural resources to doing? These are clues of your personal represent all the members of this great build the life you were created to live or design for success. organization. As always, there is much are they wasting away, unused? work to be done, yet I look forward What do you want others to remember with great anticipation to our jour- Do you realize the unique talents you you for? ney of discovery and sustainability as have been given to help those less for- When you tap into the legacy you want together, we harvest and further the tunate, to guide your profession or to to leave, you are getting to the heart of natural resources within the Paralegal be filled with joy and contentment? what you were created to do. No per- Division. Are you using your inner gifts? Do you son was created to live for themselves Have you been to a great CLE presentation lately? Has your attorney given a CLE presentation lately? Then the TPJ needs your help!!! If you’ve been to a great seminar lately, or your attorney recently prepared a paper for a seminar, please ask the attorney/author if he would be willing to submit the paper for publication in the TPJ. It truly is as simple as that! Articles need to be submitted in Word format, and the author needs to sign and return the Reprint Permission form found on the Paralegal Division website. If you have any questions about submitting an article, please contact Editor Heidi Beginski at [email protected]. summer 2010 es rl l PARALEGAL ETHICS HANDBOOK 2009 EDITION BY ELLEN LOCKWOOD, LAURIE L. BORSKI, RHONDA J. BRASHEARS, DEBRA CROSBY, JAVAN JOHNSON, LISA SPRINKLE, AND OTHER MEMBERS OF THE PARALEGAL DIVISION OF THE STATE BAR OF TEXAS This handbook is an essential resource for experienced One softbound volume - $57 paralegals, those new to the profession, and attorneys Call or Order Online at working with them. 1-800-644-5009 west.thomson.com The product focuses on providing paralegals with the information, guidelines and tools necessary to assure they are always performing in an ethical manner. Paralegals must always take care to be sure they are not crossing any ethical lines. Ethical guidelines for paralegals and attorneys, vary from state to state, however, the professional paralegal needs to be familiar with them. Answers to a myriad of ethics questions can be found in this handbook including: • Defining ethics and ethical obligations • Remaining ethical • Ethical considerations for a variety of functional areas including corporations, freelance, and as administrative, governmental, regulatory law paralegals, and alternative dispute resolution • State Information • Includes paralegal association ethics canons and related information In addition, this handbook covers ethical considerations in practice areas including: • Banking • Immigration • Finance, and Investment • Intellectual Property • Bankruptcy • Labor and Employment • Civil Litigation and Personal Injury Law • Estate Planning • Consumer • Public Utility, Energy and Energy • Corporate Resources • Criminal • Real Estate • Environmental and Natural Resources • Tax • Family © 2010 Thomson Reuters 1-10 Thomson Reuters and the Kinesis logo are trademarks of Thomson Reuters. 2 es rl l uly 2010 L-357311_SzA.qxp:0 4/22/10 8:19 AM Page 1 Westlaw® Deposition Services WE HANDLE DETAILS SO YOU CAN COME OUT SWINGING. Visit westlawdepositions.com or call 1-800-548-3668. uly 2010 es r© 2010 Thomsonl Reuters L-357311/3-10l Thomson Reuters and the Kinesis logo are trademarks of Thomson Reuters. summer 2010 Texas ParalegalTPJ Journal Focus on. Et Al. I Saw It On Facebook, Now How Do I Pro Bono Contest Winners Announced Use It At Trial? For some reason, many users of both 25 social networking sites and messaging services do so without any, or very little, The Rain In Spain ... Fell Mainly in discretion about what they post. This Barcelona unguarded approach to use of these ser- vices has begun to provide litigators with 26 powerful weapons in the courtroom. 7 Hot Cites Columns Health-Care Reform: How Does It Affect You? President’s Message Up in the Clouds Editor’s Note 4 5 Scruples Texas Family Law in the Military The Ethics of Technology Combat Zone 24 6 4 es rl l summer 2010 Publications: E dit OR’ S Heidi Beginski, TBLS, Editor Debbie Guerra, President by Heidi Beginski Norma Hackler, CMP, Coordinator by Heidi Beginski, Board certified Paralegal, Personal injury trial law, texas Board of Nan Gibson , Board Advisor legal specialization Note mail, instant message, text message, Twitter, Tweet ... new lexicons in our lan- art Direction: David Timmons Design. 470 Placid Place, Austin, Eguage and our lives. Have you serached the internet or a social networking site Texas 787 . Phone 52-45-4845, Fax 52-45-087. for information on an opposing party, witness or expert? Today, click on an icon and E-mail: [email protected] you may learn more than you hoped about someone. Paralegals have already mastered The Texas Paralegal Journal is published four times a the art of finding this information; Michael Sawicki’s article in this issue gives us guide- year as a service to the paralegal profession. A copy lines on the other half of the puzzle -- how it can become admissible. of each issue is furnished to the members of the Paralegal Division as part of their dues. Many days I feel as though either my computer is (or I am) off in the wild blue yonder (and not in a good way) and being about as productive as staring at the clouds. Turns Paralegal Division out, that could actually be a new tool for law firms to store and retrieve data and utilize President Debbie Guerra President Elect Susan Wilen, R.N. shared software located in a remote location that is owned or managed by a third-party Parliamentarian Michele Flowers Brooks and accessed through the internet. In this issue, Kelley O’Conan provides a great over- Treasurer Cheryl A. Bryan, CP view of cloud computing. Secretary Michelle Rayburn, PLS, CP BOARD OF DIRECTORS Family law is challenging enough, but representing military personnel and their family Debbie Guerra, President, Irving; Susan Wilen, members during combat adds a whole new twist to the situation. Donald L. Williams’s R.N., President Elect, San Antonio; Nan Gibson, Houston, District 1 Director; Joncilee M. Davis, ACP, article provides an outline of the issues that must be resolved for these clients.