wi 2021 v. 26 .3 Texas ParalegaltPJ Journal
Cybersecurity
wi 2021 1 2 wi 2021 President’s Edna W. Garza-Guerra, TBLS-BCPMessage Dear PD Members/Friends, make 2021, you want to tackle, now’s the time to do the year that it. If you can’t think of anything you want appy New Year!!!! I we make to accomplish this year, that’s okay but Hhope this message some of our do start thinking about your future. With finds each of you doing well as goals and hard work, discipline and dedication, you we’ve now entered 2021. Like dreams come can accomplish anything you set out to most of you, I am so happy and to fruition! do! Here’s wishing you all a great 2021, relieved that 2020 has come to In other may it be full of love, joy, peace, hope, an end. With so many memo- words, “Dare faith, health, success and prosperity. ries, both good and bad, we will to dream.” forever remember 2020, as the Getting Edna W. Garza-Guerra, TBLS-BCP year we all overcame challeng- started on President ing obstacles while remaining you goals faithful and strong in order to and dreams endure very unprecedented will make times. We did it!!!!! And now we move you glad that you did, whether it’s start- forward with a spirit of hope for our health ing in a new exercise regime, returning to and safety as well as the well-being of our school, making your great desire to serve families, friends, neighbors, co-workers on the PD Board a reality, getting your and business contacts. As we await to be TBLS certification, your desire to find a injected with the Covid-19 vaccine, let’s better paying job or other personal things
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wi 2021 1 wi 2021 v. 26 .3 Texas ParalegaltPJ Journal Scruples: The Ethics of Conflicts of Focus on. . . Interest 25
Guide to Responding to Data Breaches Coordinator’s Corner and Reporting Cybersecurity Incidents 26 to Law Enforcement and Governmental Agencies (Part 1 of 3) 4 e t Al. Impacts of the Coronavirus COVID-19 Hot Cites on Legal Professionals Directors’ Spotlight 30 9 A Retirement Income Roadmap for Notice of Nominations/Election of Women 12 President-Elect 36 Notice of District Director New Texas Discovery Rules—Are You Ready? 14 Election 37 Columns
President’s Message 1 Editor’s Note 3
2 wi 2021 wi 2021 v. 26 .3 Publications Megan Goor, TBLS-BCP, Editor editOr’s Rhonda J. Brashears, CP, TBLS-BCP, Coordinator Janet McDaniel, CP, Board Advisor
Art Direction By Megan Goor, TBLS-BCP Note David Timmons Design. 4703 Placid Place, Austin, ith 2020 behind us, everyone is looking Texas 78731. Phone 512-451-4845. E-mail: [email protected] Wahead to see how the paralegal profession The Texas Paralegal Journal is electronically pub- is developing. In some respects, the profession already lished four times a year as a service to the paralegal geared toward this with law fi rms and courts having profession. An electronic copy of each issue is fur- nished to the members of the Paralegal Division as gone paperless and using pre-Zoom online conference part of their dues. services, such as Skype or GoToMeeting. A different outlook for paralegals, indeed. Paralegal Division President, Edna Garza-Guerra, TBLS-BCP WFH … a new acronym for a new way of life for President-Elect, Susi Boss many of us. Being supervised by attorneys remotely, via Treasurer, Eugene Alcala e-mails and texts, online conferences and depositions, Secretary, Lisa Pittman Parliamentarian, Shannon Shaw court hearings via Zoom, online notarizing, upgrad- Coordinator, Rhonda J. Brashears, CP, TBLS-BCP ing the offi ce’s technology, and having cyber insurance are all a part of the new “norm.” BOARD OF DIRECTORS Now, the reminders before you leave the house, “Wallet, keys, phone, and MASK.” President- Edna W. Garza-Guerra, TBLS- In this issue, we are featuring Attorney Shawn Tuma, one of the top cyber gurus BCP, McAllen in the legal fi eld. His article, “Guide to Responding to Data Breaches and Reporting President-Elect, Susi Boss, San Antonio District 1 Director- Kim Goldberg, CP, The Cybersecurity Incidents to Law Enforcement and Governmental Agencies” is the Woodlands, District 2 Director- Eugene Alcala, fi rst part of this three-part series and includes a valuable “Cyber Incident Response Dallas, District 3 Director- Wayne Baker, RP, Checklist.” Granbury, District 4 Director- Alice Lineberry, Austin, District 5 Director, Pearl Garza, San Are you ready for the new discovery rules? The new discovery rules are included in Antonio, District 7 Director- Erica Anderson, this edition with a helpful and insightful breakdown chart courtesy of Attorney Thad ACP, Amarillo, District 10 Director and Spalding of Durham, Pittard, & Spalding, LLP. Parliamentarian—Shannon Shaw, Bellaire, District 11 Director- Janet McDaniel, CP, Midland, District It was a trying year for everyone in one way or another. The experiences we had: 12 Director and Secretary- Lisa Pittman, Denton, losses of loved ones and friends, loss of jobs, lack of social contact, shortages, isolation, District 14 Director- Shannon Happney, CP, fear, and so many other missed milestones and impactful emotions. Hang on to what TBLS-BCP, Longview, District 15 Director- Martha Ramirez, CP, Edinburg, District 16 Director – you have. You survived 2020, and whatever piece of you that kept you strong, nurture Ashley Kyzer, TBLS-BCP, Alpine that in 2021 and count your blessings, no matter how many or few. —Megan Goor, TBLS-BCP, Editor PUBLICATIONS COMMITTEE MEMBERS Publications Chair: Megan Goor, TBLS-BCP Board Advisor: Janet McDaniel, CP
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wi 2021 3 Focus on... Guide to responding to data Breaches and reporting Cybersecurity incidents to Law enforcement and Governmental Agencies (Part 1 of 3)
By Shawn Tuma
INTRODUCTION. Cybersecurity is an issue that evokes equal parts of fear and confusion for business lead- ers. Anyone who has been involved in a real data breach will easily understand why an effective graphical analogy for describing such an event is to imagine being in a building that is on fire. There is panic, there is fear, there is chaos, there is confusion. It is a crisis situation.
The Conundrum of Cybersecurity Law Schizophrenia. One reason cybersecurity engenders so much fear is because of how uniquely this area of law, policy, and public perception treat organizations that have experienced data breach- es. This is one of the few, if not only, situations where the victim of an illegal act is trans- formed into the wrongdoer. In the more typical scenario, an organization is attacked by an illegal act or, at a minimum an impermissible act, directed against its computer C network. The wrongful act against the organization’s network causes harm to the organi- zation. At that point in time, however, the organization then begins to be viewed as the wrongdoer when the focus of the blame shifts to the organization for allowing itself to succumb to the attack. Unauthorized access to computers, often referred to as “hacking,” and data breach are two sides of the same coin and more often than not the organization is blamed for both. What is even more unfortunate is that companies’ primary legal vehicle for protecting against these kinds of misuses of their computer networks are the unauthorized access laws, primarily the federal Computer Fraud and Abuse Act[1] (CFAA) and the Texas’ Breach of Computer Security[2] (BCS) law, and there is a growing movement among those in the “no limit” crowd and “security research” crowd that seeks to substantially limit companies’ abilities to use these laws in most cases, especially those in which the misuse is by privileged users (insiders) which accounts for over 70% of all data breaches. This legal schizophrenia puts companies dead center in a conundrum in which there is no upside. Cybersecurity can be scary but it becomes far more dangerous when ignored.
The Importance of Being Prepared: “You Do Not Drown from Falling into the Water.” While there is little that a company can do to change the cybersecurity law schizophre- nia, there are things that companies can do to minimize the harm that results from cybersecurity incidents. Much of this chaos and confusion can be limited by having a written Cybersecurity Incident Response Plan that key players understand and has been practiced. Having such a Plan is essential. Yo u do not wait until your building is on fire to start planning how to get out. Similarly, you should not wait until you are in the mid- dle of a cybersecurity incident to start planning how your company will respond. Yo u
4 wi 2021 Focus on... cannot plan for everything, but you can federal requirements. It does not address from the web plan for a lot, and doing so removes a lot international obligations, industry groups, Interview people who discovered the of the confusion and chaos and gives some or contractual obligations that frequently breach order to how to approach and handle the include reporting or notification require- Do not destroy evidence situation. Consider this saying and then ments. apply it to cybersecurity: “You do not Next Steps drown by falling in the water; you drown GOVERNMENT NOTIFICATION OF Think about service providers by staying there.” Companies do not face BREACH. Check your network segmentation catastrophic loss simply because they have Government Notification of Breach— Work with your forensics experts a cybersecurity incident; they face cata- Technically Speaking. Have a communications plan strophic loss when they have not prepared In its narrow, technical sense, government and are unable to respond to or recover notification of breach is not a particularly Send Notification from a cybersecurity incident. difficult or complicated process to explain. Determine your legal requirements Because this article is focused on breaches Notify Law Enforcement The Most Important Point of this Guide. limited to the United States, it involves Did the breach involve electronic health The laws are not optional. When there is a when and how to notify the federal and information? duty, as explained in this Guide, the duty state governments and regulatory agencies. Health breach resources is mandatory. Notify affected businesses There is a grave misunderstanding among Tuma’s Cybersecurity Incident Checklist. Notify individuals many business leaders who believe that To see where reporting fits into the over- when their company has had a data all incident response process, review the Government Notification of Breach— breach, notifying the affected individuals Cybersecurity Incident Response Checklist Practically Speaking. and disclosing to appropriate govern- (Appendix A). Reporting, disclosure, and Here we will drill down a little deeper. mental regulators is optional. It is not. notification are reflected in these steps: Before going further, understand the dif- Unfortunately, the author encounters “Preliminarily determine legal obliga- ference between “reporting,” as in report- this on a regular basis. This problem is tions,” “Determine whether to notify law ing a crime, “disclosure,” as in disclosing perpetuated by there being far too many enforcement,” “Confirm notification / a breach to government regulators, and lawyers who do not practice in the cyber- remediation obligations,” “Plan and time “notification,” as in providing notice of a security and privacy area of law but, with- notification ‘drop’.” breach to affected individuals. There is no out knowing, advise such clients that it is Please note, this is only an abbreviated rule that says this is how it is and, frankly, really not that serious and is being blown checklist. It is neither a comprehensive most seasoned professionals will use the out of proportions. This advice is wrong incident response policy nor an incident words interchangeably and there is noth- and should qualify as malpractice. response plan and should not be substi- ing wrong with doing so. However, for If you need further convincing, ask tuted as such. clarity and to lessen the confusion when yourself whether you believe that com- explaining these concepts, this is how they panies like Target, Home Depot, Neiman FTC Data Breach Response Guide. will be used in this article. This issue is Marcus, Spec’s, Ashley Madison, and The Federal Trade Commission (FTC) explained in greater detail in Section III. Yahoo aired their dirty laundry publicly published a guide for responding to data Here are the basic steps that should be solely because they believed it was the breaches, Data Breach Response: A Guide taken for a data breach response, which right thing to do. They had to – cybersecu- for Business,[3] that recommends compa- includes government reporting, to law rity is a legal issue – the laws require that nies take the following steps: enforcement, and government disclosure, companies disclose this information and to regulatory agencies. mandate how they disclose it, when they Immediate Steps disclose it, what information they disclose, Fix Vulnerabilities Determine what data was breached. what they do for those affected, and to Assemble a team of experts The first step in planning a data breach whom it must be disclosed. Identify a data forensics team response is to determine what data is Consult with legal counsel believed to have been breached. Limited Scope of Article. Secure physical areas This article is limited in scope and is only Stop additional data loss What type of data is it? intended to address United States state and Remove improperly posted information Determine what type of data it is. Look
wi 2021 5 Focus on... at the nature of the data to determine on an annual basis. Reports of breaches prepared charts of state data breach noti- whether it was personally identifiable affecting fewer than 500 individuals are fication laws that are available on the information (PII) which is what is covered due to the Secretary no later than 60 days Internet and can be a valuable resource.[9] by the state data breach notification laws; after the end of the calendar year in which Use them with caution, however, because personal health information (PHI) which the breaches are discovered.”[6] they are not continuously updated so you is covered by federal HIPAA and HITECH should always verify that the laws have not laws, as well as many state laws; customer State law applies in most breaches. changed from the time the charts were data from financial institutions which is For breaches of all types of data you must last updated until the time of your breach covered under the Safeguards Rule of the determine where the data subjects reside response. Gramm-Leach-Bliley Act (GLBA); or pay- to see which states data breach laws apply. ment card data (PCI) which is covered Because there is no national uniform data Has there been an actual “breach” that by the Payment Card Industry (but is breach notification law (or standard), the triggers notification under the particular non-governmental industry standard and various federal or state laws and regula- states’ laws? beyond the scope of this article). tions determine what a company must do The word “breach” is often used to Depending on the nature of the data, after it has had a data breach, including describe computer events or incidents (see you may be required to disclose to one or who must be notified. In most cases, it is the sections below for more explanation) more federal or state agencies, in addition the law of the state where the company is but the meaning of “breach” itself is more to notifying the data subjects themselves doing business and the law of the state or of a legal definition than anything else. (i.e., the people whose personal informa- states where the individual data subjects Different states define a “breach” as being tion was exposed). reside that govern. different things so it is important that you As of the time of this writing, 47 states, review the laws of the relevant jurisdic- Which laws apply? the District of Columbia, Puerto Rico, tions to determine if there has been a data Regulated industries may have unique and the Virgin Islands have their own data breach that triggers notification under and detailed notification requirements. breach notification laws and while most those laws. Determining what constitutes Companies operating in regulated indus- of those laws are fairly consistent in their a “breach” is explained in greater detail in tries should determine which regulatory requirements, there are quite a few dif- Section III. Pay particular attention to the agencies they are governed by and then ferences in others, especially the states of discussion of whether there is an encryp- research whether that particular agency Massachusetts and California which can be tion safe harbor which is no longer an easy has a notification requirement. If it does, quite a bit different. Moreover, because of answer. which is likely, they must determine what the importance of cybersecurity and data the particular requirements are and com- breach combined with the perpetual desire Which laws require notification (disclo- ply with them. Some are obvious and well- by legislators to show they are “doing sure) to the states’ attorneys general? known, most are not, and the intricacies something,” at any given time there are The following states require private of those requirements are voluminous and multiple proposed bills in multiple states companies to provide some form of well beyond the scope of this article. that have the potential to change these disclosure to their state attorney general One of the more obvious is for the laws at any given time.[7] “These breach or other state agency, in various forms health care industry. For PHI breaches by laws typically have provisions that clarify and under various circumstances (often a covered entity,[4] notice (disclosure) who must comply, the type of information depending on the number of residents must be given to the Secretary of the that is affected, what constitutes a breach, affected): Alaska, California, Connecticut, United States Department of Health & requirements for providing notice, and Florida, Hawaii, Idaho, Illinois, Indiana, Human Services (HHS) by going to the exemptions.”[8] Iowa, Louisiana, Maine, Maryland, HHS website and filling out and electroni- Regardless of how well one may believe Massachusetts, Missouri, Montana, cally submitting a breach report form.[5] they know the “law of data breach” or how Nebraska, New Hampshire, New Jersey, “If a breach affects 500 or more indi- many breach responses they have guided New York, North Carolina, North Dakota, viduals, covered entities must notify the clients through, it would be negligent to Oregon, Puerto Rico, Rhode Island, Secretary without unreasonable delay and not review the current state of the law and South Carolina, Vermont, Virginia, and in no case later than 60 days following a the proposed bills in the relevant states Washington. In most cases, the notifica- breach. If, however, a breach affects fewer before guiding their company or client tions are sent to the government simulta- than 500 individuals, the covered entity through a new data breach response. neously with sending them to the affected may notify the Secretary of such breaches Fortunately, several large law firms have individuals.
6 wi 2021 Focus on... Which laws require pre-notice of a breach (b) A person who conducts business in what is and is not protected: notification? this state and owns or licenses computer- Some states require private companies to ized data that includes sensitive personal • Information that is lawfully made avail- provide advance disclosure to their state information shall disclose any breach able to the public from a federal, state, attorney general or other state agency well of system security, after discovering or or local governmental body is not con- before the notifications are provided to the receiving notification of the breach, to sidered sensitive personal information affected individuals. The following states any individual whose sensitive personal • Sensitive personal information does require such pre-disclosure to a govern- information was, or is reasonably believed include “an individual’s first name or mental agency before sending out a breach to have been, acquired by an unauthorized first initial and last name in combina- notification to its residents: California, person. The disclosure shall be made as tion with any one or more of the fol- Connecticut, New Hampshire, New Jersey, quickly as possible, except as provided by lowing items, if the name in the items New York, North Carolina, Puerto Rico, Subsection (d) or as necessary to deter- are not encrypted:” Social Security and Washington. mine the scope of the breach and restore number, driver’s license number or the reasonable integrity of the data system. other government issued identification When must a breach notification be pro- number, account or card numbers in vided? What is a “breach of system security”? combination with the required access Also, many states require notifying the The law defines “breach of system secu- or security codes affected individuals “in the most expedi- rity” as the “unauthorized acquisition of • Also included is information that at ent time possible,” “without unreasonable computerized data that compromises the that identifies an individual and is delay,” or within 45 days (OH, RI, TN, VT, security, confidentiality, or integrity of related to their health condition, pro- WA , WI), within 30 days (FL), or within sensitive personal information maintained vision of healthcare, or payment for 7 days of completing the investigation by a person, including data that is encrypt- healthcare (MN). ed if the person accessing the data has the Virtually all state and federal governmental key required to decrypt the data.” Who does the law apply to? branches and agencies provide that noti- Regarding insiders, the law specifically The law applies to any person (which fications can be delayed if such a delay is states that “[g]ood faith acquisition of includes entities) who conducts business requested by law enforcement. In some sensitive personal information by an in Texas and owns or licenses computer- cases, this is one more reason why it is employee or agent of the person for the ized data that includes sensitive personal beneficial to report cyber incidents to law purposes of the person is not a breach of information. enforcement, which will be addressed in system security unless the person uses or detail in Section IV. discloses the sensitive personal informa- Who must be notified? tion in an unauthorized manner.”[5] In The law requires notification to “any indi- How to disclose. other words, if an insider is authorized to vidual whose sensitive personal informa- In most situations government notifica- access company SPI for a valid business tion was, or is reasonably believed to have tion of a breach involves disclosing to purpose, and does so, but later uses or been, acquired by an unauthorized per- state attorneys general[10] or other state discloses that information in an unauthor- son.” This is an incredibly broad class of agencies. This is usually done by sending a ized manner, it is a data breach under the individuals that is certainly not limited to “sample” or “template” of the notification Texas breach notification statute. See Yes, only Texas citizens and, quite possibly, is that will be provided to the affected indi- Texas’ breach notification law is triggered not even limited to citizens of the United viduals, usually by email, but sometimes by insider misuse. States. via designated reporting portals. Some states require using a particular form, such What is “sensitive personal information”? When must the notification be given? as New York[11] and North Carolina.[12] The Texas breach notification law only The notification must be given as quickly applies to a narrower subset of what is as possible after it has been determined The Texas Data Breach Notification Law. often referred to as personally identifi- that an individual’s sensitive personal The Texas data breach notification law able information, which Texas defines as information was, or is reasonably believed is titled Notification Required Following “sensitive personal information,” and is to have been, acquired by an unauthor- Breach of Security of Computerized relatively detailed and specific such that ized person. However, the notification Data[13] (Appendix B) and provides as it should be read carefully. A couple of may be delayed as necessary to determine follows: general points will provide an overview of the scope of the breach and restore the
wi 2021 7 Focus on... reasonable integrity of the data system or Code § 143.001. at the request of law enforcement to avoid [3] Federal Trade Commission, Data Breach Response: A Guide for Business, https://www.ftc. compromising an investigation. gov/system/files/documents/plain-language/pdf- 0154_data-breach-response-guide-for-business.pdf. How must notification be given? [4] This is different than that for a business Generally speaking, under Section 521.053 associate which is required to notify the covered entity. of the Texas breach notification law the [5] HHS Health Information Privacy, default method for providing notice is Submitting Notice of a Breach to the Secretary, in writing, mailed to the individual’s last https://www.hhs.gov/hipaa/for-professionals/ known address. Electronic notice is per- breach-notification/breach-reporting/index.html [6] Id. mitted in two circumstances: (1) If the [7] See National Conference of State individual has previously consented to Legislatures, Cybersecurity Legislation 2016 (last receiving such notifications electroni- visited Nov. 2, 2016) http://www.ncsl.org/research/ cally, in accordance with 15 U.S.C. Section telecommunications-and-information-technology/ cybersecurity-legislation-2016.aspx 7001; or (2) In situations where the cost of [8] Id. providing notice would exceed $250,000, [9] A few of the author’s favorites are: Baker the number of affected persons exceeds Hostetler, Data Breach Charts (last visited Jan. 26, 500,000, or the person does not have suf- 2018) https://www.bakerlaw.com/files/Uploads/ Documents/Data%20Breach%20documents/ protect themselves from their information. ficient contact information. In the latter Data_Breach_Charts.pdf ; Mintz Levin, State He is Co-Chair of Spencer Fane’s Data circumstance, notice may also be given Data Security Breach Notification Laws (last visited Privacy & Cybersecurity Practice Group by conspicuous posting of the notice on Jan. 26, 2018) https://www.mintz.com/newslet- where he regularly serves as cybersecurity the person’s website or notice published in ter/2007/PrivSec-DataBreachLaws-02-07/state_ data_breach_matrix.pdf; and Perkins Coie, Security and privacy counsel advising a wide variety or broadcast on major statewide media. Breach Notification Chart (last visited Jan. 26, 2018) of businesses ranging from small and mid- https://www.perkinscoie.com/en/news-insights/ sized companies to Fortune 100 enterprises, What is the penalty for failure notify? security-breach-notification-chart.html. across the United States and globally in Section 521.151 of the law provides for a [10] The state attorneys general usually have the primary role in enforcing these laws. In the dealing with cybersecurity, data privacy, penalty for failing to comply with this author’s experience, there are often predictable data breach and incident response, regula- notification requirement is a civil penalty questions they will ask so you should be pre- tory compliance, computer fraud related of up to $100.00 per individual per day pared for these. See Business Cybersecurity Law, legal issues, and cyber-related litigation. for the delayed time but is not to exceed 3 Important Questions the State Attorneys General Will Ask Your Company Following A Data Breach, He is frequently sought out and hired by $250,000 for a single breach. https://shawnetuma.com/2014/05/28/3-important- other lawyers and law firms to advise them There is a lot of confusion in the world questions-the-state-attorneys-general-will-ask- when these issues arise in cases for their own of “data breach” and it is only growing. your-company-following-a-data-breach/ clients. Click here for the full bio: https:// Now that you have a basic understanding [11] New York State Security Breach Reporting Form, https://its.ny.gov/sites/default/files/docu- www.spencerfane.com/attorney/shawn- of the reporting process, it is time to dig ments/Business-Data-Breach-Form.pdf tuma/ Shawn is an accomplished author a bit deeper into the nuances that go into [12] North Carolina Department of Justice, with several published works on various determining what, if anything, needs to Report a Security Breach, http://www.ncdoj.gov/ legal-technology topics. He is a frequent be reported and, if it does, when and to getdoc/81eda50e-8feb-4764-adca-b5c47f211612/ Report-a-Security-Breach.aspx speaker on business cyber risk issues such as whom. The best place to begin is by learn- [13] Texas Bus. & Comm. Code § 521.053. cybersecurity, computer fraud, data privacy, ing some key foundational principles. APPENDIX A: CYBERSECURITY INCIDENT and social media law. You can reach Shawn CHECKLIST. at [email protected]. CITATIONS APPENDIX B: TEXAS BREACH [1] Computer Fraud and Abuse Act of 1986, NOTIFICATION L AW. Pub. L. No. 99–474, 100 Stat. 1213 (codified at 18 U.S.C. § 1030 (2008)). [2] Tex. Penal Code § 33.02. Texas’ Breach of Computer Security is a criminal law that has a civil Shawn Tuma is an attorney internationally cause of action if the conduct constituting the vio- recognized in cybersecurity, computer fraud lation was committed knowingly or intentionally, and data privacy law, areas in which he has which is Chapter 143 of the Texas Civil Practice practiced for over two decades. Shawn helps and Remedies Code, titled the Harmful Access by Computer Act (HACA). See Tex. Civ. Prac. & Rem. businesses protect their information and
8 wi 2021 Focus on... Increasing potential claims in the context of the coronavirus impacts of the Coronavirus COVid- One of the impacts of the ongoing situa- tion is emerging new claims arising from disputes related to the speared of the virus. In this perspective, the new claims may 19 on Legal Professionals apply in some practice areas and sectors of law. It could be an opportunity for lawyers to la unch a new business based on the by Dr. Abbas Poorhashemi claims arising from this environment. The current situation reflects the ©2020 by the American Bar Association. Reprinted ments by clients, decrease in the available increasing demand for justice that lawyers with permission. All rights reserved. This informa- workforce due to illness or isolation and tion or any or portion thereof may not be copied or should have the policy to assist their cli- disseminated in any form or by any means or stored difficulty to holding specific meetings and ents in resolving the claims arising from in an electronic database or retrieval system without services. coronavirus. Among other disputes, the the express written consent of the American Bar law firms will be in high demand to assist Association. Facts: Disruption of legal business and businesses in solving their new disputes industry which have caused by COVID-19, such According to Clio’s report, legal profes- as breach of fiduciary duties, breach of he COVID-19 pandemic has funda- sionals have been significantly affected by shareholders or partnership’s agreement, mentally changed the legal, economic social restrictions and that many firms are breach of contracts and dispute related and social order. In today’s highly seeing reduced client demand. Based on to the relationship between creditors and uncertain situation and rapidly this source, the majority of legal profession- debtors. Business owners are expecting changing environment, legal profes- t als surveyed report experiencing significant lawyers to assist them in protecting their sionals like other businesses and industries disruption to their business since the start business legally. are facing new challenges in their practice. of the coronavirus outbreak. It is likely The lawyers will experience a transforma- since consumers say they are more likely More lawsuits and disputes arising out of tion of their practice and management of to delay seeking legal help if they were to employment relationships their law firms. Balancing between lawyers’ experience a problem. Also, 77% of legal The employeremployee relationship, professional conduct responsibilities and professionals surveyed say they have expe- unemployment and re-enter the workforce clients’ relationships during the global rienced many changes to the day-to-day are new issues arising from after lock- pandemic might not always be easy to be operations of their law practice. Besides, down. Such clients who have been laid off made. For these reasons, in response to 67% of legal professionals surveyed are or fired require immediate assistance to the COVID-19 crisis, legal professionals much more worried about the success of obtain their rights and profits. Legal pro- should take some initiatives and imple- their law business, and 57% are worried fessionals should update their skills and ment some strategies in running their about making a living over the next few competencies that are essential for assist- business in the context of the ongoing months. In comparison, 46% of clients are ing their clients. situations. anxious about making a living over the The measures which are taken to fight next few months. According to this report, Increasing claims of domestic violence COVID-19 also have a significant impact 56% of legal professionals surveyed have Another impact of COVID-19 is increas- on legal professions. The professional seen a significant decrease in the number of ing domestic violence. Limited access to and civil responsibility of lawyers can be people reaching out to their law practice for the legal profession, the closure of the engaged if they do not comply with the legal services, and 53% report being signifi- courts, the limitation of services for vic- code of conduct, explicitly in an emer- cantly less busy at work. 49% of consumers tims and shelters are the main issues in gency. say that if they were to experience a legal gender-based violence against women The impacts of the COVID-19 on the issue in the next two months, they would and domestic violence in the context of legal businesses and industries are numer- very likely put it off until circumstances the COVID-19 pandemic. This situation ous, including closures of law firms, the surrounding the coronavirus pandemic go requires increasing advocacy and access to slowdown in services, absence of clients, back to normal. justice and legal professional. The vulner- cancellation of appointments and agree- able populations such as immigrants, spe-
wi 2021 9 Focus on... cifi cally undocumented immigrants, need ogy to increase productivity. This situation cial that lawyers continually tray to antici- in priority to have access to justice and leads to accepting the new technology in pate, manage and adopt new measures to legal professionals during this crisis. the legal professional practices. Lawyers the appropriateness of their strategy. The should be prepared to participate in legal profession needs to develop a new Rising needs for communication and judicial hearings via teleconferencing or perspective based on the ongoing situa- information videoconferencing and other digital tech- tion. The legal professional’s response to Lawyers keep their clients reasonably nologies and tools for conducting such this crisis requires taking appropriate mea- informed about signifi cant development operations. sures for reducing harmful effects on their related to the representation in this situa- businesses. It obliges lawyers to take mea- tion. The lawyers must explain the ongo- Creating lower-legal fees service options sures to protect their business operations ing situation, deadlines and any decision for potential clients and to provide fl exible, appropriate and or circumstances which affect their clients’ One of the solutions to keep moving the affordable legal ser- rights and liabilities. In most jurisdictions, lawyers-clients relationship in the ongoing vices to their clients. lawyers require to reasonably consult with situation is to create lower-cost options for the client about the means to be used to potential clients. The current economic Dr. Poorhashemi is accomplish the client’s objectives, espe- crisis leads to the limitation of expenses the President of the cially in an emergency. In some situations, from the potential client that has fallen Canadian Institute depending on both the importance of the short for spending money on legal ser- for International Law Expertise (CIFILE). action under consideration and the fea- vices. He was also an Assistant Professor and sibility of consulting with the client, this faculty member at the University of Science duty will require a consultation before tak- Professional liability insurance clause and and Research (IAU) since 2006. He taught ing action. the related insurance policy international law, international criminal Several professional liability insurances law, international environmental law, inter- Digitalization of legal practice and work- include clauses to cover revenue and national treaties, and settlement of interna- ing remotely remuneration of lawyers in the event of tional disputes to J.D. and/or international Social distancing is becoming part of our a business interruption. However, it is LL.M. students. He has been a supervisor, social culture. The COVID-19 has created essential to consult the insurance policy Director and co-director of more than 150 an environment of virtual workforce and purchased to determine if it could result dissertations and thesis of international distance practicing. The courts and law in coverage. Based on this kind of insur- law. Furthermore, he has practiced law as fi rms’ closures or limited access lead to ance policy, the legal business interruption an international lawyer and legal adviser the recognition of new technology in legal insurance could be a response with cover- in many countries. As a lawyer (barrister professionals. age for the income losses of lawyers and and solicitor) and legal adviser, he repre- The modifi cation of the conditions law fi rms. sented his clients on family, civil, criminal for carrying out legal activities due to In conclusion, the outbreak of the and international cases. He is also provid- the coronavirus requires developing or coronavirus COVID-19 is challenging ing legal expert opinion on foreign and acquiring new skills and digital technol- many businesses and industries. It is cru- International law in many countries.
TEXAS ADVANCED PARALEGAL SEMINAR
THREE-DAY CLE EVENT SPONSORED BY THE PARALEGAL DIVISION OF THE STATE BAR OF TEXAS SAVE THE DATE! September 22–24, 2021 San Antonio, TX Event details—April 2021 www.txpd.org
10 wi 2021 Hollerbach -Texas TPJ Ad 2021 .qxp_Hollerbach 2021 1/7/21 8:08 PM Page 1
wi 2021 11 life expectancies on the rise, it’s probably best to assume you’ll live longer than A retirement income roadmap you expect. PROjECT YOUR RETIREMENT for Women ExPENSES
Hot “Cites” Once you know when your retirement will likely start, how long it may last, By Craig Hackler, Financial Advisor and the type of retirement lifestyle you want, it’s time to estimate the amount ore women are working and Security retirement benefit as early of money you’ll need to make it all Mtaking charge of their own as age 62. However, your benefit may happen. One of the biggest retirement retirement planning than ever before. be 25% to 30% less than if you waited planning mistakes you can make is to What does retirement mean to you? until full retirement age. Conversely, underestimate the amount you’ll need Do you dream of traveling? Pursuing a if you delay retirement past full retire- to save by the time you retire. It’s often hobby? Volunteering your time, or start- ment age, you may be able to increase repeated that you’ll need 70% to 80% of ing a new career or business? Simply your Social Security retirement ben- your pre-retirement income after you enjoying more time with your grandchil- efit. retire. However, the problem with this dren? Whatever your goal, you’ll need a approach is that it doesn’t account for retirement income plan that’s designed • If you work part-time during retire- your specific situation. to support the retirement lifestyle that ment, you’ll be earning money and Focus on your actual expenses today you envision, and minimize the risk that relying less on your retirement savings, and think about whether they’ll stay the you’ll outlive your savings. leaving more of your savings to potentially same, increase, decrease, or even disap- grow for the future (and you may also pear by the time you retire. While some WHEN WILL YOU RETIRE? have access to affordable health care). expenses may disappear, like a mortgage Establishing a target age is important, or costs for commuting to and from because when you retire will significantly • If you’re married, and you and your work, other expenses, such as health care affect how much you need to save. For spouse are both employed and near- and insurance, may increase as you age. If example, if you retire early at age 55 as ing retirement age, think about stag- travel or hobby activities are going to be opposed to waiting until age 67, you’ll gering your retirements. If one spouse part of your retirement, be sure to factor shorten the time you have to accumulate is earning significantly more than the in these costs as well. And don’t forget to funds by 12 years, and you’ll increase other, then it usually makes sense for take into account the potential impact of the number of years that you’ll be liv- that spouse to continue to work in inflation and taxes. ing off of your retirement savings. Also order to maximize current income consider: and ease the financial transition into IDENTIFY YOUR SOURCES OF retirement. INCOME • The longer you delay retirement, the Once you have an idea of your retire- longer you can build up tax deferred HOW LONG WILL RETIREMENT ment income needs, your next step is funds in your IRAs and employer- LAST? to assess how prepared you (or you and sponsored plans such as 401(k)s, or We all hope to live to an old age, but a your spouse) are to meet those needs. In accrue benefits in a traditional pen- longer life means that you’ll have even other words, what sources of retirement sion plan if you’re lucky enough to be more years of retirement to fund. The income will be available to you? Your covered by one. problem is particularly acute for women, employer may offer a traditional pension • Medicare generally doesn’t start until who generally live longer than men. To that will pay you monthly benefits. In you’re 65. Does your employer pro- guard against the risk of outliving your addition, you can likely count on Social vide post-retirement medical ben- savings, you’ll need to estimate your life Security to provide a portion of your efits? Are you eligible for the coverage expectancy. Yo u can use government sta- retirement income. Other sources of if you retire early? Do you have health tistics, life insurance tables, or life expec- retirement income may include a 401(k) insurance coverage through your tancy calculators to get a reasonable or other retirement plan, IRAs, annui- spouse’s employer? If not, you may estimate of how long you’ll live. Experts ties, and other investments. The amount have to look into COBRA or a private base these estimates on your age, gender, of income you receive from those individual policy - which could be race, health, lifestyle, occupation, and sources will depend on the amount you expensive. family history. But remember, these are invest, the rate of investment return, and just estimates. There’s no way to predict other factors. • Yo u can begin receiving your Social how long you’ll actually live, but with Finally, if you plan to work during
12 wi 2021 Hot “Cites” retirement, your earnings will be anoth- through the later years. er source of income. • Understand your retirement plan When you compare your projected distribution options. Most pension expenses to your anticipated sources of plans pay benefits in the form of an retirement income, you may find that annuity. If you’re married, you gener- you won’t have enough income to meet ally must choose between a higher your needs and goals. Closing this dif- retirement benefit that ends when ference, or “gap,” is an important part of your spouse dies, or a smaller benefit your retirement income plan. In general, that continues in whole or in part if you face a shortfall, you’ll have five to the surviving spouse. A financial options: save more now, delay retire- professional can help you with this ment or work during retirement, try to difficult, but important, decision. increase the earnings on your retirement • Consider which assets to use first. assets, find new sources of retirement For many retirees, the answer is income, or plan to spend less during simple in theory: withdraw money retirement. from taxable accounts first, then tax- deferred accounts. and lastly, tax-free TRANSITIONING INTO accounts. By using your tax-favored as well as the Group I license (life, health, RETIREMENT accounts last and avoiding taxes as annuities). Through Raymond James Even after that special day comes, you’ll long as possible, you’ll keep more of Financial Services, he offers complete still have work to do. You’ll need to care- your retirement dollars working for financial planning and investment prod- fully manage your assets so that your you. ucts tailored to the individual needs of his retirement savings will last as long as • However, this approach isn’t right for clients. He will gladly answer your ques- you need them to. Review your portfolio everyone. And don’t forget to plan tions. Call him 512.391.0919 or 800.650.9517 regularly. Traditional wisdom holds that for required distributions. Yo u must or e-mail Craig.Hackler@RaymondJames. retirees should value the safety of their generally begin taking minimum dis- com Raymond James Financial Services, principal above all else. For this reason, tributions from employer retirement Inc., 3345 Bee Caves Rd., Suite 208, Austin, some people shift their investment port- plans and traditional IRAs when you TX 78746. This Information, developed by folio to fixed income investments, such reach age 72, whether you need them an Independent third party, Broadridge as bonds and money market accounts, as or not. Plan to spend these dollars Investor Communications Solutions, Inc., they enter retirement. The problem with first in retirement. has been obtained from sources considered this approach is that you’ll effectively • Consider purchasing an immediate to be reliable, but Raymond James Financial lose purchasing power if the return annuity. Annuities are able to offer Services, Inc. does not guarantee that the on your investments doesn’t keep up something unique - a guaranteed foregoing material is accurate or complete. with inflation. While it generally makes income stream for the rest of your life This information is not a complete sum- sense for your portfolio to become or for the combined lives of you and mary or statement of all available data progressively more conservative as you your spouse (although that guarantee necessary for making an investment decision grow older, it may be wise to consider is subject to the claims-paying ability and does not constitute a recommendation. maintaining at least a portion in growth and financial strength of the issuer). The material is general in nature. Past per- investments. The obvious advantage in the context formance may not be indication of future of retirement income planning is that results. Raymond James Financial Services • Spend wisely. Yo u want to be care- you can use an annuity to lock in a Inc. does not provide advice on tax, legal or ful not to spend too much too soon. predictable annual income stream, mortgage issues. These matters should be This can be a great temptation, not subject to investment risk, that discussed with the appropriate professional. particularly early in retirement. A you can’t outlive.* Securities offered through Raymond James good guideline is to make sure your Financial Services, Inc., member FINRA/ annual withdrawal rate isn’t greater Unfortunately, there’s no one-size- SIPC, on Independent broker/dealer, and than 4% to 6% of your portfolio. fits-all when it comes to retirement are not insured. Investment advisory ser- (The appropriate percentage for you income planning. A financial profes- vices are offered through Raymond James will depend on a number of factors, sional can review your circum- Financial Services Advisors, Inc. Raymond including the length of your payout stances, help you sort through your James is not affiliated with Texas Paralegal period and your portfolio’s asset allo- options, and help develop a plan that’s Journal. cation.) Remember that if you whittle right for you. away your principal too quickly, you may not be able to earn enough on Craig Hackler, Financial Advisor, holds the the remaining principal to carry you Series 7 and Series 63 Securities Licenses,
wi 2021 13 new texas discovery rules–Are You ready?
Final Approval of Amendments to the Texas Rules of Civil Procedure 47, 99, 169, 190, 192, 193, 194, 195, 196, 197, and 198
Hot “Cites” he Texas Supreme Court issued the chart, but can be found at: https:// TMisc. Docket No. 29-9153 which www.txcourts.gov/media/1450176/209153. includes the final changes to the Rules of pdf Civil Procedure on December 23, 2020. These changes include raising the limit for Thad D. Spalding is a partner in Durham, expedited actions to $250,000 and changes Pittard & Spalding, LLP, www.dpslaw- to the rules on discovery and disclosures. group.com, a firm with offices in Dallas, The new rules apply to all actions filed on Houston, and Santa Fe. Thad has been or after January 1, 2021. Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization since Attorney Thad Spalding, of Durham, 1999 and, in addition to handling appeals Pittard, & Spalding, LLP. developed this before state and federal appellate courts, is helpful summary that breakdowns the frequently called on to assist attorneys with rules. substantive legal issues and trial strategy throughout litigation. The full version of the new rules follows
14 wi 2021 Hot “Cites”
wi 2021 15 Hot “Cites”
16 wi 2021 IN THE SUPREME COURT OF TExAS Hot “Cites”
Misc. Docket No. 20-9153
FINAL APPROVAL OF AMENDMENTS TO TExAS RULES OF CIVIL PROCEDURE 47, 99, 169, 190, 192, 193, 194, 195, 196, 197, AND 198
ORDERED that:
1. On August 21, 2020, in Misc. Dkt. (c) except in suits governed by the Family “The State of Texas,” (2) be signed by No. 20-9101, the Court preliminarily Code, a statement that the party seeks: the clerk under seal of court, (3) con- approved amendments to Rules 47, 169, (1) only monetary relief of tain name and location of the court, 190, 192, 193, 194, and 195 of the Texas $100,000250,000 or less, includ- (4) show date of filing of the petition, Rules of Civil Procedure to comply ing damages of any kind, (5) show date of issuance of citation, with Act of May 27, 2019, 86th Leg., penalties, costs, expenses, pre- (6) show file number, (7) show names R.S., ch. 696 (SB 2342), and invited judgment interest, and attorney of parties, (8) be directed to the defen- public comment. Following public feesexcluding interest, statutory dant, (9) show the name and address comment, the Court made revisions to or punitive damages and penal- of attorney for plaintiff, otherwise the those rules and also revised Texas Rules ties, and attorney fees and costs; address of plaintiff, (10) contain the of Civil Procedure 99, 196, 197, and 198. or time within which these rules require This Order incorporates the revisions (2) monetary relief of the defendant to file a written answer and contains the final version of the $100,000250,000 or less and non- with the clerk who issued citation, rules, effective January 1, 2021. monetary relief; or monetary (11) contain address of the clerk, and 2. The amendments apply to cases filed relief over $100,000 but not more (12) shall notify the defendant that in on or after January 1, 2021, except for than $250,000; or case of failure of defendant to file and those filed in justice court. The rules (43) monetary relief over $250,000 answer, judgment by default may be amended by this Order continue to but not more than $1,000,000; or rendered for the relief demanded in the govern procedures and limitations in (54) monetary relief over petition, and (13) notify the defendant cases filed before January 1, 2021. $1,000,000; andor that the defendant may be required to 3. The Clerk is directed to: (5) only non-monetary relief; and make initial disclosures. The citation a. file a copy of this Order with the (d) a demand for judgment for all the shall direct the defendant to file a writ- Secretary of State; other relief to which the party deems ten answer to the plaintiff ’s petition on b. cause a copy of this Order to be himself entitled. or before 10:00 a.m. on the Monday next mailed to each registered member of after the expiration of twenty days after the State Bar of Texas by publication Relief in the alternative or of several dif- the date of service thereof. The require- in the Texas Bar Journal; ferent types may be demanded; provided, ment of subsections 10, and 12, and 13 c. send a copy of this Order to each further, that upon special exception the of this section shall be in the form set elected member of the Legislature; court shall require the pleader to amend forth in section c of this rule. and so as to specify the maximum amount c. Notice. The citation shall include the d. submit a copy of the Order for pub- claimed. A party that fails to comply with following notice to the defendant: “You lication in the Texas Register. (c) may not conduct discovery until the have been sued. Yo u may employ an party’s pleading is amended to comply. attorney. If you or your attorney do not Dated: December 23, 2020 file a written answer with the clerk who Comment to 2021 change: Rule 47 is issued this citation by 10:00 a.m. on the RULE 47. CLAIMS FOR RELIEF amended to implement section 22.004(h- Monday next following the expiration An original pleading which sets forth a 1) of the Texas Government Code. A suit of twenty days after you were served claim for relief, whether an original peti- in which the original petition contains the this citation and petition, a default tion, counterclaim, cross-claim, or third statement in paragraph (c)(1) is governed judgment may be taken against you. In party claim, shall contain: by the expedited actions process in Rule addition to filing a written answer with 169. the clerk, you may be required to make (a) a short statement of the cause of action initial disclosures to the other parties sufficient to give fair notice of the claim RULE 99. ISSUANCE AND FORM of this suit. These disclosures gener- involved; OF CITATION ally must be made no later than 30 (b) a statement that the damages sought ____ days after you file your answer with the are within the jurisdictional limits of clerk. Find out more at TexasLawHelp. the court; b. Form. The citation shall (1) be styled org.” wi 2021 17 ____ must reopen discovery under Rule (5) Expert Testimony. Unless requested RULE 169. ExPEDITED ACTIONS 190.2(c). by the party sponsoring the expert, a (a) Application. party may only challenge the admis- (1) The expedited actions process in (d) Expedited Actions Process. sibility of expert testimony as an this rule applies to a suit in which (1) Discovery. Discovery is governed by objection to summary judgment evi- all claimants, other than counter- Rule 190.2. dence under Rule 166a or during the
Hot “Cites” claimants, affirmatively plead that (2) Trial Setting; Continuances. On any trial on the merits. This paragraph they seek only monetary relief party’s request, the court must set does not apply to a motion to strike aggregating $100,000250,000 or less, the case for a trial date that is within for late designation. including damages of any kind, pen- 90 days after the discovery period alties, costs, expenses, pre-judgment in Rule 190.2(b)(1) ends. The court Comment to 2021 change: interest, and attorney feesexcluding may continue the case twice, not to Rule 169 is amended to implement sec- interest, statutory or punitive dam- exceed a total of 60 days. tion 22.004(h-1) of the Texas Government ages and penalties, and attorney fees (3) Time Limits for Trial. Each side is Code— which calls for rules to promote and costs. allowed no more than eight hours the prompt, efficient, and cost-effective (2) The expedited actions process does to complete jury selection, open- resolution of civil actions filed in county not apply to a suit in which a party ing statements, presentation of courts at law in which the amount in con- has filed a claim governed by the evidence, examination and cross- troversy does not exceed $250,000—and Family Code, the Property Code, examination of witnesses, and clos- changes to section 22.004(h) of the Texas the Tax Code, or Chapter 74 of the ing arguments. On motion and a Government Code. To ensure uniformity, Civil Practice & Remedies Code. showing of good cause by any party, and pursuant to section 22.004(b) of the the court may extend the time limit Texas Government Code, Rule 169’s appli- (b) Recovery. In no event may a party to no more than twelve hours per cation is not limited to suits filed in coun- who prosecutes a suit under this side. ty courts at law; any suit that falls within rule recover a judgment in excess of (A) The term “side” has the same the definition of subsection (a) is subject $100,000250,000, excluding post judg- definition set out in Rule 233. to the provisions of the rule. However, ment interest, statutory or punitive (B) Time spent on objections, certain suits are exempt from Rule 169’s damages and penalties, and attorney bench conferences, bills of application by statute. See, e.g., TEX. fees and costs. exception, and challenges for ESTATES CODE §§ 53.107, 1053.105. The cause to a juror under Rule discovery limitations for expedited actions 228 are not included in the are set out in Rule 190.2, which is also (c) Removal from Process. time limit. amended to implement section 22.004(h- (1) A court must remove a suit from (4) Alternative Dispute Resolution. 1) of the Texas Government Code. the expedited actions process: (A) Unless the parties have agreed (A) on motion and a showing of not to engage in alternative dis- RULE 190. DISCOVERY LIMITATIONS good cause by any party; or pute resolution, the court may (B) if any claimant, other than a refer the case to an alternative 190.1 Discovery Control Plan Required. counter-claimant, files a pleading dispute resolution procedure Every case must be governed by a discov- or an amended or supplemental once, and the procedure must: ery control plan as provided in this Rule. A pleading that seeks any relief (i) not exceed a half-day in dura- plaintiff must allege in the first numbered other than the monetary relief tion, excluding scheduling paragraph of the original petition whether allowed by (a)(1). time; discovery is intended to be conducted (2) A pleading, amended pleading, or (ii) not exceed a total cost of under Level 1, 2, or 3 of this Rule. supplemental pleading that removes twice the amount of appli- a suit from the expedited actions cable civil filing fees; and 190.2 DISCOVERY CONTROL process may not be filed without (iii) be completed no later than PLAN - ExPEDITED ACTIONS leave of court unless it is filed before 60 days before the initial trial AND DIVORCES INVOLVING the earlier of 30 days after the dis- setting. $50,000250,000 OR LESS (LEVEL 1) covery period is closed or 30 days (a) Application. This subdivision applies before the date set for trial.Leave to (B) The court must consider objec- to: amend may be granted only if good tions to the referral unless pro- (1) any suit that is governed by the cause for filing the pleading out- hibited by statute. expedited actions process in Rule weighs any prejudice to an opposing (C) The parties may agree to engage 169; and party. in alternative dispute resolution (2) unless the parties agree that rule (3) If a suit is removed from the expe- other than that provided for in 190.3 should apply or the court dited actions process, the court (A). orders a discovery control plan
18 wi 2021 under Rule 190.4, any suit for in its possession, custody or control parties’ control. “Side” refers to Hot “Cites” divorce not involving children and may use to support its claims all the litigants with generally in which a party pleads that the or defenses. A request for disclosure common interests in the litiga- value of the marital estate is made pursuant to this paragraph is tion. If one side designates more more than zero but not more not considered a request for pro- than two experts, the opposing than $50,000250,000. duction. side may have an additional six (b) Limitations. Discovery is subject to the (c) Reopening Discovery. If a suit is hours of total deposition time limitations provided elsewhere in these removed from the expedited actions for each additional expert desig- rules and to the following additional process in Rule 169 or, in a divorce, the nated. The court may modify the limitations: filing of a pleading renders this subdivi- deposition hours and must do (1) Discovery period. All discovery sion no longer applicable, the discovery so when a side or party would be must be conducted during the dis- period reopens, and discovery must be given unfair advantage. covery period, which begins when completed within the limitations pro- (3) Interrogatories. Any party may the suit is filedthe first initial disclo- vided in Rules 190.3 or 190.4, whichever serve on any other party no more sures are due and continues until- is applicable. Any person previously than 25 written interrogatories, for 180 days after the date the first deposed may be redeposed. On motion excluding interrogatories ask- request for discovery of any kind is of any party, the court should continue ing a party only to identify or served on a party. the trial date if necessary to permit authenticate specific documents. (2) Total time for oral depositions. completion of discovery. Each discrete subpart of an inter- Each party may have no more than rogatory is considered a separate six20 hours in total to examine and 190.3 DISCOVERY CONTROL PLAN - BY interrogatory. cross-examine all witnesses in oral RULE (LEVEL 2) depositions. The parties may agree (a) Application. Unless a suit is gov- Comment to 2021 change: Rule 190.2 is to expand this limit up to ten hours erned by a discovery control plan amended to implement section 22.004(h- in total, but not more except by under Rules 190.2 or 190.4, discov- 1) of the Texas Government Code. Under court order. The court may modify ery must be conducted in accor- amended Rule 190.2, Level 1 discovery the deposition hours so that no dance with this subdivision. limitations now apply to a broader sub- party is given unfair advantage. (b) Limitations. Discovery is subject to set of civil actions: expedited actions (3) Interrogatories. Any party may the limitations provided elsewhere under Rule 169, which is also amended serve on any other party no more in these rules and to the following to implement section 22.004(h-1) of the than 15 written interrogatories, additional limitations: Texas Government Code, and divorces excluding interrogatories asking a (1) Discovery period. All discovery not involving children in which the value party only to identify or authenti- must be conducted during the dis- of the marital estate is not more than cate specific documents. Each dis- covery period, which begins when $250,000. Level 1 limitations are revised crete subpart of an interrogatory is suit is filedthe first initial disclosures to impose a twenty-hour limit on oral considered a separate interrogatory. are due and continues until: deposition. Disclosure requests under (4) Requests for Production. Any party (A) 30 days before the date set for Rule 190.2(b)(6) and Rule 194 are now may serve on any other party no trial, in cases under the Family replaced by required disclosures under more than 15 written requests for Code; or Rule 194, as amended. The discovery peri- production. Each discrete subpart of (B) in other cases, the earlier of ods under Rules 190.2(b)(1) and 190.3(b) a request for production is consid- (i) 30 days before the date set for (1) are revised to reference the required ered a separate request for produc- trial, or disclosures. tion. (ii) nine months after the ear- (5) Requests for Admissions. Any party lier of the date of the first RULE 192. PERMISSIBLE DISCOVERY: may serve on any other party no oral deposition or the due FORMS AND SCOPE; WORK more than 15 written requests for date of the first response PRODUCT; PROTECTIVE admissions. Each discrete subpart to written discoverythe ORDERS; DEFINITIONS of a request for admission is consid- first initial disclosures are ered a separate request for admis- due. 192.1 Forms of Discovery. sion. (2) Total time for oral depositions. (6) Requests for Disclosure. In addition Each side may have no more than (a) Permissible forms of discovery are: to the content subject to disclo- 50 hours in oral depositions to requests forrequired disclosures; sure under Rule 194.2, a party may examine and cross-examine par- (b) requests for production and inspection request disclosure of all documents, ties on the opposing side, experts of documents and tangible things; electronic information, and tangible designated by those parties, and (c) requests and motions for entry upon items that the disclosing party has persons who are subject to those and examination of real property; wi 2021 19 (d) interrogatories to a party; Duty to Make Complete Response. paragraphs (a) and (b), a party may (e) requests for admission; A party must respond to written discovery withhold a privileged communication (f ) oral or written depositions; and in writing within the time provided by to or from a lawyer or (1)lawyer’s repre- (g) motions for mental or physical exami- court order or these rules. When respond- sentative or a privileged document of a nations. ing to written discovery, a party must lawyer or lawyer’s representative make a complete response, based on all (1) created or made from the point at
Hot “Cites” 192.2 TIMING AND SEqUENCE OF information reasonably available to the which a party consults a lawyer with DISCOVERY. responding party or its attorney at the a view to obtaining professional (a) Timing. Unless otherwise agreed time the response is made. The respond- legal services from the lawyer in the to by the parties or ordered by ing party’s answers, objections, and other prosecution or defense of a specific the court, a party cannot serve responses must be preceded by the request claim in the litigation in which dis- discovery on another party until or required disclosure to which they apply. covery is requested or required, and after the other party’s initial dis- ____ (2) concerning the litigation in which closures are due. the discovery is requested or (b) Sequence. The permissible forms 193.3 Asserting a Privilege required. of discovery may be combined in A party may preserve a privilege from (d) Privilege not waived by production. A the same document and may be written discovery in accordance with this party who produces material or infor- taken in any order or sequence. subdivision. mation without intending to waive a claim of privilege does not waive that (a) Withholding privileged material claim under these rules or the Rules 192.7 Definitions. or information. A party who claims of Evidence if—within ten days or a As used in these rules that material or information respon- shorter time ordered by the court, after ____ sive to written discovery is privileged the producing party actually discovers may withhold the privileged material that such production was made—the (a) Written discovery means requests forre- or information from the response. The producing party amends the response, quired disclosures, requests for produc- party must state—in the response (or an identifying the material or informa- tion and inspection of documents and amended or supplemental response) or tion produced and stating the privi- tangible things, requests for entry onto in a separate document—that: lege asserted. If the producing party property, interrogatories, and requests (i) information or material respon- thus amends the response to assert a for admission. sive to the request or required privilege, the requestingany party who (b) Possession, custody, or control of an disclosure has been withheld, has obtained the specific material or item means that the person either has (ii) the request or required disclosure information must promptly return the physical possession of the item or has to which the information or mate- specified material or information and a right to possession of the item that rial relates, and any copies pending any ruling by the is equal or superior to the person who (iii) the privilege or privileges asserted. court denying the privilege. has physical possession of the item. (c) A testifying expert is an expert who may (b) Description of withheld material 193.4 HEARING AND RULING ON be called to testify as an expert witness or information. After receiving a OBjECTIONS AND ASSERTIONS at trial. response indicating that material or OF PRIVILEGE. (d) A consulting expert is an expert who information has been withheld from (a) Hearing. Any party may at any rea- has been consulted, retained, or spe- production, thea party seeking dis- sonable time request a hearing on an cially employed by a party in anticipa- covery may serve a written request objection or claim of privilege asserted tion of litigation or in preparation for that the withholding party identify under this rule. The party making the trial, but who is not a testifying expert. the information and material with- objection or asserting the privilege held. Within 15 days of service of must present any evidence necessary to RULE 193. WRITTEN that request, the withholding party support the objection or privilege. The DISCOVERY: RESPONSE; must serve a response that: evidence may be testimony presented OBjECTION; ASSERTION (1) describes the information or materi- at the hearing or affidavits served at OF PRIVILEGE; als withheld that, without revealing least seven days before the hearing or SUPPLEMENTATION AND the privileged information itself at such other reasonable time as the AMENDMENT; FAILURE or otherwise waiving the privilege, court permits. If the court determines TO TIMELY RESPOND; enables other parties to assess the that an in camera review of some or all PRESUMPTION OF applicability of the privilege, and of the requested discovery or required AUTHENTICITY (2) asserts a specific privilege for each disclosure is necessary, that material or item or group of items withheld. information must be segregated and 193.1 Responding to Written Discovery; (c) Exemption. Without complying with produced to the court in a sealed wrap-
20 wi 2021 per within a reasonable time following to introduce the evidence or call the eral appearance must make the initial Hot “Cites” the hearing. witness fails to carry the burden under disclosures within 30 days after being (b) Ruling. To the extent the court sustains paragraph (b), the court may grant a served or joined, unless a different time the objection or claim of privilege, the continuance or temporarily postpone is set by the parties’ agreement or court responding party has no further duty the trial to allow a response to be made, order. to respond to that request or required amended, or supplemented, and to (b) Content. Without awaiting a discovery disclosure. To the extent the court over- allow opposing parties to conduct dis- request, Aa party may request disclo- rules the objection or claim of privi- covery regarding any new information sure of any or all of the followingmust lege, the responding party must pro- presented by that response. provide to the other parties: duce the requested or required material ____ (a1) the correct names of the parties to or information within 30 days after RULE 194.1 REqUESTS FORREqUIRED the lawsuit; the court’s ruling or at such time as the DISCLOSURES (b2) the name, address, and telephone court orders. A party need not request 194.1 RequestDuty to Disclose; number of any potential parties; a ruling on that party’s own objection Production. (c3) the legal theories and, in general, or assertion of privilege to preserve the the factual bases of the respond- objection or privilege. A party may obtain disclosure from anoth- ing party’s claims or defenses (the (c) Use of material or information with- er party of the information or material responding party need not marshal held under claim of privilege. A party listed in Rule 194.2 by serving the other all evidence that may be offered at may not use—at any hearing or trial— party- no later than 30 days before the end trial); material or information withheld from of any applicable discovery period -the fol- (d4) the amount and any method of discovery under a claim of privilege, lowing request: “Pursuant to Rule 194, you calculating economic damages; including a claim sustained by the are requested to disclose, within 30 days of (e5) the name, address, and telephone court, without timely amending or service of this request, the information or number of persons having knowl- supplementing the party’s response to material described in Rule [state rule, e.g., edge of relevant facts, and a brief that discovery. 194.2, or 194.2(a), (c), and (f ), or 194.2(d)- statement of each identified person’s ____ (g)].” connection with the case; (a) Duty to Disclose. Except as exempted (6) a copy—or a description by cat- 193.6 Failing to Timely Respond - Effect by Rule 194.2(d) or as otherwise agreed egory and location—of all docu- on Trial by the parties or ordered by the court, a ments, electronically stored infor- (a) Exclusion of evidence and exceptions. party must, without awaiting a discov- mation, and tangible things that the A party who fails to make, amend, ery request, provide to the other parties responding party has in its posses- or supplement a discovery response, the information or material described sion, custody, or control, and may including a required disclosure, in a in Rule 194.2, 194.3, and 194.4. use to support its claims or defenses, timely manner may not introduce in (b) Production. If a party does not produce unless the use would be solely for evidence the material or information copies of all responsive documents, impeachment; that was not timely disclosed, or offer electronically stored information, and (f) for any testifying the testimony of a witness (other than a tangible things with the response, the expert: named party) who was not timely iden- response must state a reasonable time (1) the expert’s name, address, and tified, unless the court finds that: and method for the production of these telephone number; (1) there was good cause for the failure items. The responding party must pro- (2) the subject matter on which the to timely make, amend, or supple- duce the items at the time and in the expert will testify; ment the discovery response; or method stated, unless otherwise agreed (3) the general substance of the (2) the failure to timely make, amend, by the parties or ordered by the court, expert’s mental impressions or supplement the discovery and must provide the requesting party and opinions and a brief response will not unfairly surprise a reasonable opportunity to inspect summary of the basis for or unfairly prejudice the other par- them. them, or if the expert is not ties. retained by, employed by, or (b) Burden of establishing exception. The 194.2 ContentInitial Disclosures. otherwise subject to the con- burden of establishing good cause or (a) Time for Initial Disclosures. A party trol of the responding party, the lack of unfair surprise or unfair must make the initial disclosures documents reflecting such prejudice is on the party seeking to within 30 days after the filing of the first information. introduce the evidence or call the wit- answer or general appearance unless (4) if the expert is retained by, ness. A finding of good cause or of the a different time is set by the parties’ employed by, or otherwise lack of unfair surprise or unfair preju- agreement or court order. A party that subject to the control of the dice must be supported by the record. is first served or otherwise joined after responding party: (c) Continuance. Even if the party seeking the filing of the first answer or gen- (A) all documents, tangible wi 2021 21 things, reports, models, any real property owned and all or data compilations that lease information on any real prop- 194.3 Response. have been provided to, erty leased; The responding party must serve a written reviewed by, or prepared (B) all statements for any pension plan, response on the requesting party within by or for the expert in retirement plan, profit-sharing plan, 30 days after service of the request, except anticipation of the expert’s employee benefit plan, and indi- that:
Hot “Cites” testimony; and vidual retirement plan; (a) a defendant served with a request (B) the expert’s current resume (C) all statements or policies for each before the defendant’s answer is due and bibliography; current life, casualty, liability, and need not respond until 50 days after (g7) any indemnity and insur- health insurance policy; and service of the request, and ing agreements described (D) all statements pertaining to any (b) a response to a request under Rule in Rule 192.3(f ); account at a financial institution, 194.2(f ) is governed by Rule 195. (h8) any settlement agree- including banks, savings and loans ments described in Rule institutions, credit unions, and bro- 194.3 Testifying Expert Disclosures. 192.3(g); kerage firms. In addition to the disclosures required by (i9) any witness statements (2) In a suit in which child or spousal Rule 194.2, a party must disclose to the described in Rule 192.3(h); support is at issue, a party must, other parties testifying expert information (j10) in a suit alleging physi- without awaiting a discovery as provided by Rule 195. cal or mental injury and request, provide to the other party: damages from the occur- (A) information regarding all poli- A Production. rence that is the subject cies, statements, and the summary Copies of documents and other tangible of the case, all medical description of benefits for any medi- items ordinarily must be served with the records and bills that cal and health insurance coverage response. But if the responsive documents are reasonably related to that is or would be available for the are voluminous, the response must state a the injuries or damages child or the spouse; reasonable time and place for the produc- asserted or, in lieu thereof, (B) the party’s income tax returns tion of documents. The responding party an authorization permit- for the previous two years or, must produce the documents at the time ting the disclosure of such if no return has been filed, the and place stated, unless otherwise agreed medical records and bills; party’s Form W-2, Form 1099, and by the parties or ordered by the court, and (k11) in a suit alleging physical Schedule K-1 for such years; and must provide the requesting party a rea- or mental injury and dam- (C) the party’s two most recent payroll sonable opportunity to inspect them. ages from the occurrence check stubs. that is the subject of the 194.4 Pretrial Disclosures. case, all medical records (d) Proceedings Exempt from Initial (a) In General. In addition to the disclo- and bills obtained by the Disclosure. The following proceed- sures required by Rule 194.2 and 194.3, responding party by virtue ings are exempt from initial disclo- a party must provide to the other par- of an authorization fur- sure, but a court may order the par- ties and promptly file the following nished by the requesting ties to make particular disclosures information about the evidence that it party; and and set the time for disclosure: may present at trial other than solely (l12) the name, address, and (1) an action for review on an adminis- for impeachment: telephone number of any trative record; (1) the name and, if not previ- person who may be des- (2) a forfeiture action arising from a ously provided, the address, ignated as a responsible state statute; and telephone number of each third party. (3) a petition for habeas corpus; witness—separately identifying (4) an action under the Family Code those the party expects to present filed by or against the Title IV-D and those it may call if the need (c) Content in Certain Suits Under the agency in a Title IV-D case; arises; Family Code. (5) a child protection action under (2) an identification of each docu- Subtitle E, Title 5 of the Family ment or other exhibits, including (1) In a suit for divorce, annulment, or to Code; summaries of other evidence— declare a marriage void, a party must, (6) a protective order action under separately identifying those items without awaiting a discovery request, Title 4 of the Texas Family Code; the party expects to offer and provide to the other party the follow- (7) other actions involving domestic those it may offer if the need ing, for the past two years or since the violence; and arises. date of marriage, whichever is less: (8) an action on appeal from a justice (b) Time for Pretrial Disclosures. Unless (A) all deed and lien information on court. the court orders otherwise, these dis-
22 wi 2021 closures must be made at least 30 days 195.2 SCHEDULE FOR DESIGNATING reviewed by, or prepared by or for Hot “Cites” before trial. ExPERTS. the expert in anticipation of the (c) Proceedings Exempt from Pretrial Unless otherwise ordered by the court, a expert’s testimony; Disclosure. An action arising under party must designate experts—that is, fur- (B) the expert’s current resume and the Family Code filed by or against the nish information requested underdescribed bibliography; Title IV-D agency in a Title IV-D case in Rule 194.2(f )195.5(a)—by the later of (C) the expert’s qualifications, is exempt from pretrial disclosure, but the following two dates: 30 days after the including a list of all publications a court may order the parties to make request is served, or authored in the previous 10 years; particular disclosures and set the time (a) with regard to all experts testifying for (D) except when the expert is the for disclosure. a party seeking affirmative relief, 90 responding party’s attorney and days before the end of the discovery is testifying to attorney fees, a list 194.5 NO OBjECTION OR ASSERTION period; of all other cases in which, during OF WORK PRODUCT. (b) with regard to all other experts, 60 days the previous four years, the expert No objection or assertion of work product before the end of the discovery period. testified as an expert at trial or by is permitted to a requestdisclosure under ____ deposition; and this rule. (E) a statement of the compensation 195.4 Oral Deposition. to be paid for the expert’s study 194.6 CERTAIN RESPONSES NOT In addition to the information disclosu- and testimony in the case. ADMISSIBLE. reed under Rule 1945.5(a), a party may (b) Expert Reports. If the discoverable A response to requestsdisclosure under obtain discovery concerning the subject factual observations, tests, support- Rule 194.2(cb)(3) and (d4) that has been matter on which the expert is expected to ing data, calculations, photographs, or changed by an amended or supplemental testify, the expert’s mental impressions opinions of an expert have not been response is not admissible and may not be and opinions, the facts known to the expert recorded and reduced to tangible form, used for impeachment. (regardless of when the factual informa- the court may order these matters tion was acquired) that relate to or form reduced to tangible form and produced Comment to 2021 change: Rule 194 is the basis of the testifying expert’s mental in addition to the deposition. amended to implement section 22.004(h- impressions and opinions, and other dis- (c) Expert Communications Protected. 1) of the Texas Government Code. Rule coverable matters, including documents Communications between the party’s 194 is amended based on Federal Rule of not produced in disclosure, only by oral attorney and any testifying expert wit- Civil Procedure 26(a) to require disclosure deposition of the expert and by a report ness in the case are protected from of basic discovery automatically, without prepared by the expert under this rule. discovery, regardless of the form of the awaiting a discovery request. A party is communications, except to the extent not excused from making its disclosures 195.5 COURT ORDEREDExPERT that the communications: because it has not fully investigated the DISCLOSURES AND REPORTS. case or because it challenges the sufficiency (a) Disclosures. Without awaiting a discov- (1) relate to compensation for the of another party’s disclosures or because ery request, a party must provide the expert’s study or testimony; another party has not made its disclo- following for any testifying expert: (2) identify facts or data that the party’s sures. As with other written discovery (1) the expert’s name, address, and tele- attorney provided and that the responses, required disclosures must be phone number; expert considered in forming the signed under Rule 191.3, complete under (2) the subject matter on which the opinions to be expressed; or Rule 193.1, served under Rule 191.5, and expert will testify; (3) identify assumptions that the timely amended or supplemented under (3) the general substance of the expert’s party’s attorney provided and that Rule 193.5. mental impressions and opinions the expert relied on in forming the and a brief summary of the basis for opinions to be expressed. RULE 195. DISCOVERY REGARDING them, or if the expert is not retained (d) Draft Expert Reports and Disclosures TESTIFYING ExPERT WITNESSES by, employed by, or otherwise sub- Protected. A draft expert report or ject to the control of the respond- draft disclosure required under this 195.1 Permissible Discovery Tools. ing party, documents reflecting such rule is protected from discovery, A party may request another party to des- information; regardless of the form in which the ignate and discloseobtain information con- (4) if the expert is retained by, draft is recorded. cerning testifying expert witnesses only employed by, or otherwise subject to through a request for disclosure under Rule the control of the responding party: ____ 194this rule and through depositions and (A) all documents, tangible things, Comment to 2021 change: Rule 195 is reports as permitted by this rule. reports, models, or data compila- amended to reflect changes to Rule 194. tions that have been provided to, Amended Rule 195.5(a) lists the disclo-
wi 2021 23 sures for any testifying expert, which are ____ ries, except that a defendant served now required without awaiting a discov- with interrogatories before the ery request, that were formerly listed in 196.7 Request of Motion for Entry Upon defendant’s answer is due need not Rule 194(f ). Amended Rule 195.5(a) also Property. respond until 50 days after service of includes three new disclosures based on ____ the interrogatories. Federal Rule of Civil Procedure 26(a)(2) ____
Hot “Cites” (B). New Rules 195.5(b) and (c) are based (c) Response to request for entry. on Federal Rules of Civil Procedure 26(b) (2) Time to respond. The responding RULE 198. REqUESTS FOR (4)(B) and (C) and are added to clarify party must serve a written response ADMISSIONS protections available. on the requesting party within 30 ____ days after service of the request, RULE 196. REqUESTS FOR except that a defendant served with 198.2 Response to Requests for PRODUCTION AND INSPECTION TO a request before the defendant’s Admissions. PARTIES; REqUESTS AND MOTIONS answer is due need not respond (a) Time for response. The responding FOR ENTRY UPON PROPERTY until 50 days after service of the party must serve a written response ____ request. on the requesting party within 30 ____ days after service of the request, 196.2 RESPONSE TO REqUEST FOR except that a defendant served with PRODUCTION AND INSPECTION. RULE 197. INTERROGATORIES TO a request before the defendant’s PARTIES answer is due need not respond (a) Time for response. The responding ____ until 50 days after service of the request. party must serve a written response ____ on the requesting party within 30 days 197.2 Response to Interrogatories. after service of the request, except that a defendant served with a request (a) Time for response. The responding before the defendant’s answer is due party must serve a written response need not respond until 50 days after on the requesting party within 30 service of the request. days after service of the interrogato-
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Authored by Paralegal Division members, with input from the legal community. Published by Thomson Reuters.
24 wi 2021 erected around the paralegal and that no one may do the following:
1. Discuss the case in the presence of the paralegal. Scruples 2. Allow the paralegal access to any documents, including keeping all files locked away from any cabinets to which the paralegal would normally the ethics of Conflicts of interest have access, and using passwords or other electronic security protections for documents stored on the firm’s he increase in the size and assume that if you have access to files, even network. number of law firms, as well as if they are filed documents that will be 3. Engage in any discussions with the Tlateral hires, has made screen- publicly available, you may have access to paralegal about her work on the case ing for conflicts of potential employees confidential information regarding a mat- or work her previous firm may have even more important. More and more ter. Accepting such an assignment could done. paralegals are keeping lists of the mat- result in both firms being disqualified. 4. Disclose the conflict of interest to ters on which they have worked, as well If you decide to take on an additional the relevant client as well as opposing as the parties involved, in order to avoid job that isn’t related to the legal field, you counsel. conflicts. Freelance paralegals must always will need to carefully consider whether maintain this information since they there could be a conflict of interest. For These precautions are necessary to avoid accept work from different firms or legal example, if you take a part time job with the firm’s possible disqualification in the departments at the same time. Paralegals Lowe’s Home Improvement and your case. An ethical wall is no guarantee that who work for one firm or legal depart- primary employer represents The Home opposing counsel will not file a motion to ment at a time most often deal with con- Depot, or any of its related companies, disqualify the firm. When defending the flicts issues when they change employers. that could be considered a potential con- motion, firms may be required to produce Paralegals must be particularly mindful flict of interest. If there is even a remote billing records or other documents, as well when moving to an opposing law firm chance of a potential conflict, you should as provide documentation of any ethical during ongoing litigation or prior to the discuss the matter with your primary wall that was erected around the person closing of a corporate transaction. employer before accepting additional in question. If a firm files a motion to Particularly in the current economy, employment. disqualify opposing counsel in a matter, many paralegals work for other employers Paralegals should also consider whether the onus is on the opposing counsel (the part-time, or for themselves. Unless you primary or secondary jobs held by mem- attorney against whom the motion is filed) are already working as a freelance para- bers of the paralegal’s family, as well as to prove they do not have a conflict of legal, you should be especially cautious stock owned by the paralegal or her family interest. about taking on additional paralegal work members, could be a conflict of interest. from other than your current employer. If a paralegal believes there may be a Ellen Paralegals should notify their primary potential conflict, he should notify the Lockwood, employers of their plans and assure him supervising attorney immediately so the ACP, RP, is the or her that you will not be doing any work attorney may determine whether a conflict Chair of the for others that could create a conflict of exists. It is important to note that para- Professional interest. It would reflect negatively on legals are never the arbiters of whether Ethics you if your primary employer should not a conflict exists. That decision should Committee of find out about your freelance work from be made by the supervising attorney. the Paralegal another attorney or worse, from a motion Paralegals should bring any potential con- Division to disqualify. Yo u would not be able to flict, no matter how remote, to the atten- and a past accept assignments from firms that are tion of the supervising attorney as soon as president of the Division. She is a frequent adverse to matters handled by your prima- possible. If a firm does not address a con- speaker on paralegal ethics and intellec- ry employer, even if you would be working flict as soon as possible, it may prevent the tual property and the lead author of the on a matter that you don’t work on for firm from overcoming the conflict, result- Division’s Paralegal Ethics Handbook pub- your primary employer. Any work you do ing in the firm being disqualified. lished by Thomson Reuters. She may be for another attorney, even if all you do is If a firm hires a paralegal who has a contacted at [email protected]. file a document, could be enough to trig- conflict of interest, the entire firm should ger a conflict of interest. The court may be notified that an ethical wall is to be
wi 2021 25 ACP, RP is a constant con- COOrdinAtOr’s tributor to our Texas Paralegal Journal, The Corner Paralegal Pulse Member Benefits (the Paralegal Division monthly news- by Rhonda Brashears, CP, TBLS-BCP, PD Coordinator letter) and at Paralegal Division functions all over the state, she is also available he Paralegal Division has many Another is the PD E-Group. Where to assist you privately with any ethical Tbenefits. In these trying times the else can you have the bended ear of hun- concerns you may encounter by contact- Paralegal Division knows it can be hard to dreds of paralegals at the tips of your ing her at [email protected]. Yo u should justify a paralegal association membership, fingers. If this is not a benefit that you also check out the FAQ’s Section of the but I think there is no better time! We currently using, you should really consider Paralegal Division website for a whole sec- have been active at the Paralegal Division it. Whether you need a form, a recom- tion on everyday ethical questions. doing our best to make sure you as a PD mendation for a court reporter in a small If ever you would like to discuss why member still find value in your member- town or some non-legal advise on how Paralegal Division membership really is ship. I would like to elaborate on just a to deal with a day to day work issue, the important to you as a Texas Paralegal do few of the benefits we provide. PD E-Group is the place. Yo u sign up for not hesitate to reach out to the President, The Paralegal Division Job Bank is the PD E-Group under the My Account President-Elect, your District Director, the ONLY available to our members. This can Section of the website. Paralegal Division Membership Chair or be found on our website www.txpd.org One more little-known benefit of being of course, to me. All contact information under the My Account Section. This is a a member of the Paralegal Division is the is on the PD Website under the Contacts wonderful place to look if you are look- numerous ways that we have for you stay tab. ing for that next career move or if you are abreast of your ethics. Not only is our Thank you for being a member and tell considering relocation. Professional Ethics Chair Ellen Lockwood, a fellow colleague about us!
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26 wi 2021 37th Texas Forum for Paralegals and Attorneys: Strengthening the Attorney-Client Relationship
Watch from your computer or mobile device! Ways to Save on This Course! Special Discounts for Paralegals and Paralegal Students! LIVE WEBCAST March 25, 2021 Course Amenities 8:55 a.m. – 3:45 p.m. • Interact with participating speakers and fellow registrants using } REGISTER for the live webcast! the Live Chat feature during the webcast! WEBCAST REPLAY • Access and download the articles and PowerPoint presentations April 21, 2021 directly from the webcast! 8:55 a.m. – 3:45 p.m. Tentative Topics } REGISTER for the webcast replay! • Dos and Don’ts: Dilemmas for Paralegals and Lawyers • Bellamy v. Wal-Mart: Lessons to Be Learned When eDiscovery Goes Badly • Who Do You Turn To with an Ethical Dilemma? • The User Experience in Client Relationships • Grading Legal and Paralegal Education • Serving All Clients • Bias-Reducing & Diversity Promoting Decisionmaking for Legal Professionals • Turning D&I Talk Into Action
MCLE CREDIT Tentative Program Hours and topics are subject to change. Approximatelywi 2021 6 Hours (2.5 Ethics) Expected 27 Check back in December for more complete information. EXCEPTIONAL PRO BONO SERVICE AWARD EXCEPTIONAL PRO BONO SERVICE AWARD The Paralegal Division (PD) of the State Bar of Texas is proud to sponsor an Exceptional Pro Bono TheParalegalDivision(PD)oftheStateBarofTexasisproudtosponsoranExceptionalProBonoServiceService Award. Its purpose is to promote the awareness of pro bono activities such as those definedAward. by Its purposethe State is toBar promote of Texas, the and awareness to encourage of pro PD bono members activities to volunteersuch as those their defi time ned and by specialty the State skills BarofTexas,and- to pro bono projects within their community by recognizing a PD member who demonstrates exceptional toencouragePDmemberstovolunteertheirtimeandspecialtyskillstoprobonoprojects withintheircommunitybyrec- dedication to pro bono service. Paralegals are invited to foster the development of pro bono projects, to ognizingaPDmemberwhodemonstratesexceptionaldedicationtoprobono service. Paralegals are invited to foster provide assistance to established pro bono programs, and work closely with attorneys to provide unmet thelegal development services to of people pro bono with projects, low incomes. to provide This assistance annual award to established will go to proan individualbono programs, PD member, and work who closely withperformed attorneys the to pro provide bono service(s)unmet legal in theservices State toof peopleTexas, andwith has low volunteered incomes. This his or annual her time award and willspecial go to an individualskills in providingPD member, uncompensated who performed services the pro in bono pro bono service(s) assistance in the to State their of community. Texas, and hasThe volunteered recipient of his or herthe time award and will special be announced skills in providing at the Paralegal uncompensated Division services Annual inMeeting pro bono Luncheon, assistance his/her to their expenses community. to The recipientattend the of theAnnual award Meeting will be Luncheon announced will at thebe incurredParalegal by Division the Division, Annual and Meeting a profile Luncheon, of the individual his/her expenses will tobe attend published the Annual in the MeetingWinter issue Luncheon of the willTexas be Paralegal incurred by Journal. the Division, and a profi le of the individual will be published inthe Fall issue of the Texas ParalegalJournal. ▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬ ▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬
Definition of Paralegal Pro Bono Service Defi nition(Adopted of Paralegal June Pro 2013) Bono Service (Adopted June 2013) Providing legal assistance, without remuneration or compensation to the paralegal, that requires specific Providinglegal skills, legal knowledge assistance, or withouttraining, remuneration under the supervision or compensation of a licensed to the attorney paralegal, or qualifiedthat requires organizations, specifi c legal skills,whether knowledge individually, or training, or through under non-profit the supervision charitable, of a religious, licensed attorneycivic, community, or qualifi edor organizations,governmental whether individually,organizations, or throughand serving non-profi as an tadvocate charitable, for religious, those with civic, limited community, means or or that governmental are unable to organizations, speak for and themselves. serving as an advocate for those with limited means or that are unable to speak for themselves. 1. Providing legal support services for persons of limited means, either through qualified legal 1. Providingservices/legal legal aidsupport programs. services for persons of limited means, either through qualifi ed legal services/ 2.legalProviding aid programs. legal support services at community legal clinics; and 2.3. Providing Providing legal assistance support for, services working at community directly with legal attorneys clinics; on a ndcases, or providing direct client 3. Providingadvocacy, assistance under legal for, services/advocacy working directly withprograms attorneys that areon cases,sponsored or providing by a bar association,direct client court,advocacy, undergovernmental legal services/advocacy agency or non-profit programs agency. that are sponsored by a bar association, court, governmental agency or non-profi t agency.
Please complete the attached nomination form, and return it NO LATER THAN MARCH 31, 2020 to the following: Please complete the attached nomination form,Megan and Goor, return TBLS-BCP it NO LATER THAN APRIL 30, 2021 to the fol- lowing: The Brender Law Firm 3R8Tachael600 8th WatsonAve. 38T 3P8TaralegalFort Services Worth, TexasofNorthTexas, 76104 LLC38T P: 817-334-01712035 Johnson | F: Bend 817-334-0274 Rd [email protected], Texas 76088 P: (817) 371-9762 | F: (817) 381-7109
28 wi 2021 EXCEPTIONAL PRO BONO SERVICE AWARD EXCEPTIONAL PRO BONO SERVICE AWARD EXCEPTIONAL PRO BONO SERVICE AWARD The Paralegal Division (PD) of the State Bar of Texas is proud to sponsor an Exceptional Pro Bono The Paralegal Division (PD)EXCEPTIONAL of the State Bar PRO of Texas BONO is proudSERVICE to sponsor AWARD an Exceptional Pro Bono NOMINATION FORM TheParalegalDivision(PD)oftheStateBarofTexasisproudtosponsoranExceptionalProBonoServiceService Award. Its purpose is to promote the awareness of pro bono activities such as those definedAward. by Its Service Award. Its purpose is to promote the awareness of pro bono activities such as those defined by purposethe State is toBar promote of Texas, the and awareness to encourage of pro PD bono members activities to volunteersuch as those their defi time ned and by specialty the State skills BarofTexas,and- to pro the State Bar of Texas, and to encourage PD members to volunteer their time and specialty skills to pro bono projects within their community by recognizing a PD member who demonstrates exceptional bono projects within their community by recognizing a PD member who demonstrates exceptional toencouragePDmemberstovolunteertheirtimeandspecialtyskillstoprobonoprojects withintheircommunitybyrec- dedication to pro bono service. Paralegals are invited to foster the development of pro bono projects, to Individual’sName:dedication to pro bono service. Paralegals are invited to foster the development of pro bono projects, to ognizingaPDmemberwhodemonstratesexceptionaldedicationtoprobono service. Paralegals are invited to foster provide assistance to established pro bono programs, and work closely with attorneys to provide unmet PDprovide MemberNumber: assistance to established pro bono programs, and work closely with______attorneys to provide unmet the development of pro bono projects, to provide assistance to established pro bono programs, and work closely legal services to people with low incomes. This annual award will go to an individual PD member, who Firm:legal services to people with low incomes. This annualJobTitle: award will go to an individual PD member, who with attorneys to provide unmet legal services to people with low incomes. This annual award will go to an performed the pro bono service(s) in the State of Texas, and has volunteered his or her time and special Address:performed the pro bono service(s) in the State of Texas, and has volunteered his or her time and special individual PD member, who performed the pro bono service(s) in the State of Texas, and has volunteered his or skills in providing uncompensated services in pro bono assistance to their community. The recipient of Phone:skills in providing uncompensated services Fax:in pro Yrs.bono inPractice: assistance to their ______community. The recipient of her time and special skills in providing uncompensated services in pro bono assistance to their community. The the award will be announced at the Paralegal Division Annual Meeting Luncheon, his/her expenses to WorkExperience:the award will be announced at the Paralegal Division Annual Meeting Luncheon, his/her expenses to recipientattend the of theAnnual award Meeting will be Luncheon announced will at thebe incurredParalegal by Division the Division, Annual and Meeting a profile Luncheon, of the individual his/her expenses will attend the Annual Meeting Luncheon will be incurred by the Division, and a profile of the individual will tobe attend published the Annual in the MeetingWinter issue Luncheon of the willTexas be Paralegal incurred by Journal. the Division, and a profi le of the individual will be be published in the Winter issue of the Texas Paralegal Journal. published inthe Fall issue of the Texas ParalegalJournal. ▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬ Give a statement (on a separate sheet▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬ using “Nominee” rather than the individual’s name) using the above defi - ▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬ nition and following guidelines as to how the above-named individual qualifi es as rendering Exceptional Pro Bono Service by a Paralegal Division Member: Definition of Paralegal Pro Bono Service Definition of Paralegal Pro Bono Service Defi nition(Adopted of Paralegal June Pro 2013) Bono Service 1. Renders service without expectation ofcompensation.(Adopted June 2013) (Adopted June 2013) Providing legal assistance, without remuneration or compensation to the paralegal, that requires specific 2.Providing Rendersservicethatsimplifi legal assistance, without esthelegalprocessfor(orincreasestheavailability)andqualityof,legal remuneration or compensation to the paralegal, that requires specific services to Providinglegal skills, legal knowledge assistance, or withouttraining, remuneration under the supervision or compensation of a licensed to the attorney paralegal, or qualifiedthat requires organizations, specifi c legal legalthose skills, in knowledgeneed of such or services training, but under who the are supervision without the of means a licensed to afford attorney suchservice. or qualified organizations, skills,whether knowledge individually, or training, or through under non-profit the supervision charitable, of a religious, licensed attorneycivic, community, or qualifi edor organizations,governmental whether whether individually, or through non-profit charitable, religious, civic, community, or governmental organizations, and serving as an advocate for those with limited means or that are unable to speak for organizations, and serving as an advocate for those with limited means or that are unable to speak for individually, or through non-profi t charitable, religious, civic, community, or governmental organizations, and 3. Renders to charitable or public interest organizations with respect to matters or projects designed pre- themselves. themselves. serving as an advocate for those with limited means or that are unable to speak for themselves. dominantly to address the needs of poor or elderlyperson(s). 1. Providing legal support services for persons of limited means, either through qualified legal 1. Providing legal support services for persons of limited means, either through qualified legal 1. Providingservices/legal legal aidsupport programs. services for persons of limited means, either through qualifi ed legal services/ 4. Rendersservices/legal legislative, aid administrative, programs. political or systems advocacy services on behalf of those in need of 2.legalProviding aid programs. legal support services at community legal clinics; and 2.suchProviding services butlegal who support do not services have the at meanscommunity to afford legal suchservice. clinics; and 2.3. Providing Providing legal assistance support for, services working at community directly with legal attorneys clinics; on a ndcases, or providing direct client 3. Providing assistance for, working directly with attorneys on cases, or providing direct client 3. Providingadvocacy, assistance under legal for, services/advocacy working directly withprograms attorneys that areon cases,sponsored or providing by a bar association,direct client court,advocacy, 5. Assistadvocacy, an attorney under in legal his/her services/advocacy representation of programs indigents that in cr areiminal sponsored and civilmatters. by a bar association, court, undergovernmental legal services/advocacy agency or non-profit programs agency. that are sponsored by a bar association, court, governmental governmental agency or non-profit agency. agency or non-profi t agency.
Please complete the attached nomination form, and return it NO LATER THAN MARCH 31, 2020 to ReturnPlease ( nocomplete later than the attachedApril 30, nomination 2021) to: form, and return it NO LATER THAN MARCH 31, 2020 to the following: the following: Please complete the attached nomination form, and return it NO LATER THAN APRIL 30, 2021 to the fol- Megan Goor, TBLS-BCP Megan3R8Tachael Goor, WatsonTBLS-BCP38T lowing: The Brender Law Firm The Brender Law Firm 3R8Tachael600 8th WatsonAve. 38T 600 8th Ave. 3P8TaralegalFort Services Worth, TexasofNorthTexas, 76104 LLC38T Fort Worth, Texas 76104 P: 817-334-01712035 Johnson | F: Bend 817-334-0274 Rd P: 817-334-0171 | F: 817-334-0274 [email protected], Texas 76088 [email protected] P: (817) 371-9762 | F: (817) 381-7109
wi 2021 29
et Directors’ Spotlight
Meet the Directors of the Paralegal with the elite group. I joined the Paralegal Division! Division in 1986 just before I graduated from Paralegal school. At that time, it The Paralegal Division consists of twelve was referred to as the “Legal Assistants districts with each one represented by a al Division.” I volunteered on several of com- Director: mittees with the Division and knew then I was proud to be part of the profession. The governing body of this Division shall consist of a Board of Directors, 2. Why did you run as a director? hereinafter referred to as the I wanted to give back as a thank you for all “Board,” composed of elected repre- the blessings I have been given in my profes- sentatives from each District of this sional career so I volunteer and do whatever Division, such persons hereinafter I can to help wherever it is needed. referred to as the “Directors.” Bylaws, art. III, 1.a. 3. What are your greatest strengths as a paralegal? The duties of a Director: Each day I rely on myself, as do others, to . . . It is the duty of a Director to show up every day prepared, focused and supply leadership to the Division; District 1—Kim Goldberg, TBLS- ready for whatever our day presents, and to represent his District at all Board BCP to always expect the unexpected. We must meetings; to attend all Board meet- respond and not react – we must exercise ings and the Annual Meeting; to 1. Why did you join the Paralegal Division? good judgment. We rely on each other tre- be an active representative of the I became extremely intrigued with the legal mendously in order to be successful. We all Division within his District; to profession and I wanted to know more about have an important job to do and each task advise the Board of local needs and this Perry Mason / Della Street partnership is critical to the outcome. We are a team. programs being conducted within that played out on prime time TV every I don’t know any other way to work. Our his District; to carry out assigned week. So, I dug in deep. I began working clients rely on us and trust us and we never committee responsibilities and to with my Mom’s Civil Process company for want to take advantage of or abuse that promote Division programs within about a year learning all of the ins and outs trust. We are not always successful in our his District; to report the actions of courthouse system. I knew I was ready to endeavors however, as long as we can look of each Board meeting to members kill it! I was offered and I accepted a posi- at our client and honestly say that we did of his District; to be available at tion with a young attorney as a beginner everything we could, that is most important. all times to further the objectives legal secretary. I knew I had finally made and meet the responsibilities of it. For several years, I worked my fingers 4. Any important tip for paralegals? the Division; and to perform such to the bone for $600 / month. Wow! Not For me, this profession is not just a job that duties as the President or Board may only was it hard to pay the rent, I thought pays my bills. It is my career, my passion from time to time direct. to myself, Perry Mason never treated Della and my name. I believe in the justice sys- Bylaws, art. III, 6.g. Street like this. Where was the respect, those tem, yes, it is flawed but it is all we have. If awesome clothes, nice car, dinners out? you decide to step into this profession, be Here is a more personal look at your Where was it all? prepared and organized at all times. Every Directors. Unsure about your district? After much soul searching, I realized if day I try to always do the right thing, some- Go to the Bylaws, p. 4, and look up your I wanted more I had to give more. It was times it can be to my detriment, but it is district by county. then that I realized that I wanted to take what it is. Honesty and integrity in every this legal thing to the next level, so I enrolled little thing that you do is critical to who you in a Certified Paralegal Education program. are. I am not perfect, but I will always own I did not have an undergraduate degree it and do my very best. Never turn down so I was already behind everyone else. I an opportunity to take on a difficult task. I completed the program in a year and a half look at this as a positive opportunity to learn
30 wi 2021
something new. Carpe Diem!! positions. With this leadership background, I along with me. When a vacancy opened felt that I still had more to offer and I made up for the District 3 Director position, I felt 5. Personal look—tell us about a passion the decision to run for the director position compelled to step into the position to ensure you have, favorite hobby, other talent, or a with the Paralegal Division. that District 3 has a leadership team in place personal message. to represent our members. I enjoy spending time with my friends and 3. What are your greatest strengths as a family. They are so very important to me. paralegal? 3. What are your greatest strengths as a My parents are in their 80’s but are all Being organized, communication and the paralegal? doing well. My Mama is my best friend ability to multitask. My greatest strength as a paralegal is my and my hero. Life has brought her so many ability to adapt to change. While I could struggles, heath and otherwise, but she deals 4. Any important tip for paralegals? talk about my legal expertise, ability to draft with it and gets right back up!. I have two Get involved and be active within your local complex legal pleadings, my organization beautiful grandchildren that live in Dallas. paralegal association—“You have a voice!”. skills, etc., I think the ability to adjust on the Being a “GeGe” is the such a gift that I will fly in this profession is critical. Nearly every always cherish. I also have three fur babies, 5. Personal look—tell us about a passion day I get curve balls thrown at me that cause all rescues. I am a huge animal lover and I you have, favorite hobby, other talent, or a me to make adjustments to my schedule or do what I can whenever I can to make their personal message. routine. And while I occasionally one off, lives better. I also love gardening and grow- I have been a runner for years—having I’ve learned over the years to knock most of ing fresh flowers. In my opinion, if there is run the Walt Disney World Marathon, them out of the park by adjusting my swing. dirt it needs flowers. Marine Corps Marathon in Washington, DC, and the Dallas Marathon. I have run 4. Any important tip for paralegals? innumerable half marathons as well. This Take pride in your work. It is easy for spring, I began bicycling in earnest again paralegals at times to feel underappreciated and completed the Trek Century Challenge, and feel like they are just doing work they attaining the Silver Medal level (500 miles will never get credit for. But paralegals are in the month of July). instrumental to the successful operation of a firm, and any good attorney will tell you that is an understatement. The more you take pride in your work, the more your work will be appreciated.
5. Personal look—tell us about a passion you have, favorite hobby, other talent, or a personal message. I spend most of my spare time working in my garage doing woodworking and wood art. Over the last several years I’ve been occasionally making and selling wood art. District 3—Wayne Baker, RP However, recently I started my own side business doing custom woodworking and District 2—Eugene Alcala 1. Why did you join the Paralegal wood art, which is really starting to take off. Division? So now, when I’m not at the firm, spending 1. Why did you join the Paralegal Division? Since I became a paralegal, I have been time with my wife and kids, or watching I became a member of the Paralegal extremely focused on not just growing my my favorite sports teams disappoint me, I’m Division in 1993. Working as a legal assis- career, but the paralegal profession as a woodworking. tant/paralegal, I understood that the divi- whole. I joined the PD because I it is a very sion had lots to offer in this growing profes- successful paralegal organization that is ded- sion, with continuing legal education (CLE) icated to providing the resources to its mem- and other networking opportunities with bers to allow them to grow in their careers other paralegals. and to promoting the continue growth of the profession. 2. Why did you run as a director? Over the years, I maintained my member- 2. Why did you run as a director? ship with my local association (DAPA) and I have always had a lead from the front finally made the decision to become more mentality. I don’t just want to grow my involved and was elected to various board career, but I want to bring everyone else
31 I love to cook, travel, and spend time with 5. Personal look—tell us about a passion family. My favorite vacations are beach you have, favorite hobby, other talent, or a vacations. personal message. If I could eat a five-course meal of just des- serts, I’d be in heaven. I have a bucket list of places I want to visit just because of their desserts.
My favorite hobby is making wood signs – especially inspirational pieces. I enjoy getting together with friends to craft and paint.
District 4—Alice Lineberry, PLS, CP
1. Why did you join the Paralegal Division? The attorney I was working for at the time District 5—Pearl Garza heard about the Paralegal Division and encouraged me to join. 1. Why did you join the Paralegal Division? We all look forward to connecting with a 2. Why did you run as a director? diverse group, networking and learning I have always felt like you get more from about career advancement opportunities. I your membership if you are involved. I had joined PD for all those reasons and more. District 7—Erica Anderson, ACP been involved in the local paralegal asso- I wanted more options to earn CLE and ciation for years and had always wanted more opportunities to volunteer. A personal 1. Why did you join the Paralegal Division? to become more involved in the Paralegal favorite thing of mine about joining is the The firm I worked for automatically signed Division. When the opportunity arose, I monthly journal (TPJ) – it always has such me up when I was hired as a paralegal clerk decide to run. I love meeting and learning helpful information about our paralegal in 2003, and also registered me for member- from other paralegals, and this is a great profession and industry. ships to NALA and the local association, way to do it. Texas Panhandle Paralegal Association. 2. Why did you run as a director? The professors at the local ABA-approved 3. What are your greatest strengths as a I ran for director to get to know the para- program at Amarillo College informed the paralegal? legals in my community and to motivate students about the associations, and I had I am very detailed oriented and work well them to participate in the PD programs by some general knowledge of each group, but under pressure. I love doing trial work. volunteering and leading. It is important to it was not until I started volunteering that I me for members of District 5 to get the most learned more. 4. Any important tip for paralegals? of their PD membership. I think paralegals should realize that no 2. Why did you run as a director? matter how long you have been in the pro- 3. What are your greatest strengths as a Throwing my name in the hat for director fession that there is always room to learn paralegal? seemed like a natural progression after being and improve your skills. I tell other para- I’ve been told by my colleagues and bosses Membership Chair. Living in one of the legals that I always learn something new that I work well under pressure and have outlying, rural districts has its limits as far every time I go to trial and work with other good judgment. as networking with other paralegals, and my paralegals. main goal was to meet paralegal profession- 4. Any important tip for paralegals? als from around the state in order to have 5. Personal look— tell us about a passion Always maintain a professional attitude the connections when my work required me you have, favorite hobby, other talent, or a and never respond with a “knee jerk reac- to seek information from other areas of the personal message. tion.” state.
32 wi 2021 3. What are your greatest strengths as a office manager gives you feedback, show 3. What are your greatest strengths as a paralegal? some appreciation, even if what you were paralegal? Oof. This is a difficult question to ask oneself told was tough to swallow. Many times our I understand my strengths as a paralegal as one typically focuses on faults. I would co-workers do not hear a simple, “thanks,” include strong problem solving skills, a clear have to say that my strengths as a paralegal often enough. understanding of legal procedures and good are: investigative skills. a) Willingness and desire to learn- 5. Personal look—tell us about a passion whether it be educational in nature or you have, favorite hobby, other talent, or a 4. Any important tip for paralegals? personal preferences of the attorney or personal message. One of the most important mantras told to even how to cover the switchboard if me when I first began in the paralegal pro- necessary; Goodness. I don’t think I have any talents. fession, was to understand that organization I like to be creative, whether it is through is truly key to surviving as a good paralegal. b) Flexibility—by this I mean that I am graphics or knitting, painting, or working I diligently attempt to practice this way flexible with my knowledge the applica- on projects at home. However some of these everyday as a paralegal. tion of such to each specific situation. If home projects are not ones that I would I am assisting an attorney who works say I am passionate about, such as hanging 5. Personal look—tell us about a passion completely in an area that I know sheetrock or sanding banisters. One hobby you have, favorite hobby, other talent, or a nothing about, I can be a better asset if I would love to learn is to make my own personal. I can use my skillset to ask questions or stained glass. I truly enjoy playing tennis, riding my find the answers. When I do not know mountain bike and outdoor activities. how to do something, my response is usually, “I can try and I can learn.”
c) This one is a toss-up between technol- ogy skills and my laidback personal- ity – there are times when either is an asset and times when one or both are detriments. While my outward reaction might not show that I feel the pressure of the situation, I am usually feeling it internally and put my fingers to task with technology. And, as some of us have experienced, being savvy with technology does not guarantee techno- logical success.
4. Any important tip for paralegals? I have two that help me focus better and reset my mind: mental health and give back to your community. In our profession, we District 10—Shannon Shaw are often under more pressure than we real- District 11—jan McDaniel, CP ize and carry a greater burden than anyone 1. Why did you join the Paralegal else knows. Unfortunately, there is no one Division? 1. Why did you join the Paralegal Division? else in your mind to help you realize that I wanted to join an organization of profes- I joined the Paralegal Division to meet you need a break. Also, giving back to the sional paralegals. I read and heard about other paralegals, network, and obtain qual- community, whether it is volunteering at a the professional comradery between the ity CLE. Being a member of the PD helped food back, reading to kids, or picking up lit- paralegals within the division and decided me enhance my career and receiving encour- ter, helps give each of us perspective, as well to join. agement from District Directors and other as benefiting the community. It is mentally paralegals is invaluable. refreshing and there are numerous organiza- 2. Why did you run as a director? tions that can use a half hour of our time I decided to run as a director, because 2. Why did you run as a director? each month. I was encouraged by previous directors Having received encouragement from past within my district and told my innovative Directors, I wanted to provide the same A tip I have related to the office—always ideas and personality would benefit the support to District members. I want to be give thanks. When the attorney has given members of District 10 and the Paralegal here to answer questions or help resolve you a task, thank him or her. When the Division. concerns anyone might have. wi 2021 33
3. What are your greatest strengths as a ed to other paralegals in the state and pos- paralegal? sible volunteer as well. Little did he know it Organization is probably my greatest was one of his best suggestions. strength, which is key for being a good paralegal. I am also good at multi-tasking, 2. Why did you run as a director? which is necessary as I work with multiple I initially ran as a director after the encour- attorneys. agement I received from another paralegal who was/is heavily involved in the division. 4. Any important tip for paralegals? I had been working with the local group and Communicate with your attorney(s). she felt it was a good fit for me to share my The phrase “that’s not my job” is NOT voice and try to help others on a larger level. in our vocabulary. Be willing to do just about anything—long hours standing at 3. What are your greatest strengths as a the scanner or copier, putting together paralegal? hearing binders, you name it. This is not My greatest strengths????? I have been told a glamorous job, but it is fulfilling. Try for years by clients, other paralegals and to leave your work at your workplace, attorney’s that my greatest strength is my i.e. if you are working on a tough case, organizational skills. Some days I believe don’t “bring it home” and stew over it all 4. Any important tip for paralegals? them and some days I feel all I do is juggle evening. That will cause burnout very Time management and attention to detail the hot fire balls in the air & hope they all quickly. is key. land where they are supposed to.
5. Personal look—tell us about a passion 5. Personal look—tell us about a passion I feel that I am also good at communicating you have, favorite hobby, other talent, or a you have, favorite hobby, other talent, or a with Clients. As a family law paralegal for personal message. personal. the last 29+ years I have been able to help That’s easy. Music has always been my first My passion is my family. One of my hob- them through what most consider a rough love. I began playing piano at age 5, saxo- bies include breeding, raising and showing time in their lives and guide them through phone at age 10, and I directed my first hand our Arabian horses. I enjoy showing and the divorce process. We have all done it.... bell choir at 17. I have arranged numer- sharing the horses that we have raised from it is that skill of just listening and offering ous pieces for saxophone and for handbells foals to promote our breeding program. I up a friendly smile or giving them the time and own several copyrights. I was Director enjoy watching them excel in different disci- of day to just vent or cry when they needed of Music at my church for 28 years before plines, not only with us, but also with their it most. It always amazes me when I see a retiring in 2015. Hobbies include traveling new owners. previous client 2 or 4 or even 8 years down the world with my husband, spoiling grand- the road and they come up to me and thank children (and 1 great-grand), and of course me for just listening to them and then they loving on our two Boston Terriers (Barkley tell me how things have improved for them and Callie Bear) and black cat (Sammy). It and it makes me smile to know that I was is extremely important to have something to able to help someone. do outside of work. 4. Any important tip for paralegals? District 12 —Lisa Pittman Patience. Patience is Key!!! Patience for your attorney’s when they stress out. 1. Why did you join the Paralegal Division? Patience with your clients when they are I joined the PD for continuing my educa- upset and frustrated and being vocal with tion, improving my leadership skills and you about the situation. Patience with other networking with fellow paralegals. District 14—Shannon Happney, co-workers when they are having a bad day CP, TBLS-BCP that is spilling over into the office. Patience 2. Why did you run as a director? with your family who doesn’t understand I was first appointed as a Director and then 1. Why did you join the Paralegal Division? why you are working late or on the phone ran for Director to continue representing my I joined the PD in 1997 when I passed my again with your boss or a client or another District. national certification and at the sugges- attorney. tion of my attorney at the time. He had & when patience your runs out, having a 3. What are your greatest strengths as a done volunteer work and served on several good friend or another paralegal that you paralegal? committees for the state bar and thought it can vent to so you get it all out of your sys- Multitasking!! would be a great way for me to get connect- tem before you go back and start the day
34 wi 2021
again with more Patience. Always strive to do your best. Always Texas and double check your work and if you don’t the National 5. Personal look—tell us about a passion know something, ask questions to your Association you have, favorite hobby, other talent, or a supervising attorney. It’s the best way to of Legal personal message. learn and grow. Assistants for My new hobby that I am learning is to play many years golf.... it ties in well with that whole patience 5. Personal look—tell us about a passion and is also a thing above. It is something my husband you have, favorite hobby, other talent, or a current mem- and I can do together and has been lots of personal message. ber of the fun (most days). I am thankful for him and I love running and spending time with my State Bar of his friends that let me tag along and “play family. Texas Family at golf” because I am not very good, but hey, Law Section A bad day on the golf course is sometimes District 16—Ashley Kyzer, TBLS- as well as a better than a day sitting in the offi ce. BCP member of the Texas Bar College. She was a member Ashley has been a paralegal for almost of the Dallas Area Paralegals Association 34 years. She has worked in many differ- for many years until her move to Far West ent areas of litigation and contract law, Texas where she has recently applied for including securities, insurance defense, membership with the El Paso Paralegal oil and gas, real estate, general litigation, Association. contracts, probate and estate planning and family. She has been a member of the Paralegal Division of the State Bar of
District 15 – Martha Ramirez, TBLS-BCP
1. Why did you join the Paralegal Division? I love being a part of a great leadership program.
2. Why did you run as a director? I wanted to represent District 15 and pro- vide them with all the support that I can.
3. What are your greatest strengths as a paralegal? I am extremely organized and effi cient. I take the initiative to do things without being told what to do next. I have the capability of fi guring something out if I don’t know how to do it.
4. Any important tip for paralegals? wi 2021 35
NOTICE OF NOMINATIONS/ELECTION OF PRESIDENT-ELECT
Pursuant to Standing Rule XIV of the Paralegal Division of the State Bar of Texas, notice is hereby given of an election for the office of 2021-2022 President-Elect. This election will be held by electronic mail during the month of January 2021 by the Board of Directors.
Qualifications for serving as President-Elect of the Paralegal Division are contained in Standing Rules XIV as follows:
XIV. OFFICERS B. ELIGIBILITY 1. Any current or past Director who is currently an active member of the Division and who has completed at a minimum a full term (two (2) consecutive years) as Director is eligible to be elected as President or President-Elect.
Any qualified individual who is interested in running for office of President-Elect should forward a one-page resume, together with a letter of intent to run, to the nominations committee chair at the following address or electronic mail address TO BE RECEIVED NO LATER THAN JANUARY 15, 2021 and a confirmation e-mail will be sent by January 20, 2021.
Shannon Happney, CP, TBLS-BCP, President-Elect Nominations Committee Chair Post Office Box 688 Longview, Texas 75606 Email: [email protected] PH: (903) 746-7814
Note: In the event the Board of Directors of the Paralegal Division elects an individual who is currently serving as a Director, a vacancy will be declared in the district in which that individual serves. An election will be held to replace the outgoing Director (President- Elect) at the time the elections for the Board of Directors are regularly scheduled.
RECOGNIZE YOUR COLLEAGUES IN THE SPRING AND SUMMER TPJ!!
Every year in the Spring issue of the TPJ, we recognize the achievements and accolades of our fellow paralegals. Unfortunately, Texas is a big state and it’s not easy to keep up with all of our PD members. That’s where you can help...If you know of a fellow paralegal who deserves recognition, let us know! Fill out a short form about the person and what award or why they deserve to be recognized and send it along with a photo (if you can get one) to [email protected]. Submissions due March 5th.
DON’T FORGET...If your law firm or legal organization has 100% membership in the Paralegal Division, it can be in the “100 PD Club.” To fill out an application and be featured in the Summer TPJ, please email [email protected] for more details. Submissions due by April 5th.
If you know of a fellow paralegal who has passed away that you would like to have remembered in the “In Memoriam” Section of the Summer TPJ, please email [email protected] for more information. Submissions due by April 5th.
36 wi 2021
PARALEGAL DIVISION Notice of 2021—District Director Election
The Paralegal Division’s DIRECTOR ELECTION for District Directors in even-numbered districts (Districts 1, 3, 5, 7, 11 and 15) will take place March 25 through April 12, 2021.
• Beginning on January 25, 2021 each Elections Subcommittee Chair will prepare and forward, upon request, the following materials to potential candidates for director in their respective district at any time during the nominating period:
a. A copy of the List of Registered Voters in candidates’ respective district; b. A sample nominating petition; and c. A copy of Rule VI of the Standing Rules entitled “Guidelines for Campaigns for Candidates as Director.”
• Each potential candidate must satisfy the following requirements:
a. Eligibility Requirements. The candidate must satisfy the eligibility requirements of Article III, Section 3 and Article IX, Section 1 A and Section 4 of the Bylaws and Rule V B, Section 5c of the Standing Rules. b. Declaration of Intent. The candidate must make a declaration of intent to run as a candidate for the office of direc- tor through an original nominating petition declaring such intent that is filed with the Elections Subcommittee Chair in the candidate’s district pursuant to Rule V B, Section 5 of the Standing Rules. c. Nominating Petition. The original nominating petition must be signed by the appropriate number of registered voters and must be submitted to the Elections Subcommittee Chair in such district, on or before February 19, 2021.
If you are interested in running for District Director, or need further information regarding the election process, contact the Elections Committee Sub-Chair in your District, or the Elections Chair, Melanie Langford, ACP at [email protected].
2020–2021 District Election Committee Sub-Chairs:
District 1 – Michelle Rowland [email protected] District 3 – Susan Davis – [email protected] District 5 – Melanie Langford – [email protected] District 7– Charlotte Martin - [email protected] District 11 – Susi Boss – [email protected] District 15 – Agueda Aguinaga – [email protected]
NOTICE OF VOTING— March 25 through April 12, 2021
All Active members of the Paralegal Division in good standing as of March 25, 2021 are eligible to vote. All voting must be completed on or before 11:59 p.m., April 12, 2021.
All voting will be on-line and no ballots will be mailed to members.
Please take a few minutes to logon to the PD’s website (beginning March 25) and cast your vote for your district’s director. The pro- cess is fast, easy, anonymous, and secure.
• Between March 25 and April 12, 2020 go to www.txpd.org • In the Members-Only section, click on “Vote” • Follow the instructions to login and vote wi 2021 37 38 wi 2021 PROFESSIONALISM THROUGH EDUCATION NOMINATIONS SOUGHT FOR STATE BAR PRO BONO AWARDS
The Legal Services to the Poor in Civil Matters and Legal Services to the Poor in Criminal Matters Committees of the State Bar seek nominations of deserving individuals, groups, and entities that perform exceptional work in the fi eld of legal services to the poor.
Nominations are due by 5 p.m. on Friday, February 26, 2021. Recipients of the Pro Bono Excellence Awards and the Indigent Defense Awards will be notifi ed in May.
Award nomination forms are available at www.texasbar.com/probono- awards. For more information about these awards, contact the Legal Access Division at [email protected] or 800-204-2222, ext. 1855.
BECOME A MEMBER!
APRIL 24-26 Access | to TAMPA, a deep library of FL Continuing Legal Education of live and on-demand seminars with member pricing. Support and resources to work toward paralegal certi cations. Discounts on educational programs through NFPA partners.
® Connections with national pro bono
® opportunities. TM Engagement in national leadership roles. Connection to other paralegals through regional and national meetings. Add your voice to the national e ort to advance the paralegal profession. A subscription to our quarterly magazine, The National Paralegal Reporter.
www.paralegals.org wi 2021 39 Legal Directories Publishing Co., Inc. Publishing Directories Since 1935 www.LegalDirectories.com Proudly serving Texas!
Texas Legal Directory, the Official Directory of the State Bar of Texas “The Blue Book of Attorneys” Austin Bar Association Membership Directory Dallas Bar Association Membership Directory Houston Bar Association Membership Directory Jefferson County Bar Association Membership Directory
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The State Bar of Texas was the first bar association in the United States to create a separate division for paralegals. The Division was created on October 23, 1981, and charged with “enhancing legal assistants’ participation in the administration of justice, professional responsibility, and public service in cooperation with the State Bar.” The term “legal assistants” later was changed to "paralegals." The Division looks forward to fulfilling its mandate enthusiastically, energetically and professionally.
The Paralegal Division of the State Bar of Texas offers members merchandise to promote the paralegal profession and their membership of the Paralegal Division
http://www.cafepress.com/paralegaldivision
The Texas Young Lawyers Association has several publications available to the public and are also a good resource for paralegals. Here is this edition’s featured pamphlet.
You can find this and many other helpful topics on the TYLA web page – www.tyla.org