f 202 v. 26 .2 Texas ParalegaltPJ Journal
the Virtual Paralegal
f 2020 1 2 f 2020 also became a new norm but no doubt, caused family unity. Furthermore, in not President’s being able to go out to lunch or dinner daily during the months of isolation, many Edna W. Garza-Guerra, TBLS-BCP of us were able to save money, pay off our Message credit card balances, do home remodels Dear PD Members/Friends, able but we learned to wait in line patiently and improvements or other things that we and for long periods of time in order to might not necessarily have had the time e have officially started the put food on our tables. Stock piling toilet or resources to do pre-pandemic. Face- Wholiday season but unlike past paper and paper towels were also unbeliev- timing with family and friends helped us years, we move forward with great caution able events and items we took for granted keep in touch during our isolation. so as not to risk our in our old world. Not In June, I was sworn in as the 2020– health and safety in being able to go to our 2021 President via Zoom and hosted my the upcoming winter favorite restaurants caused first board meeting via Zoom. The Board months. We have all many of us to stay home and I quickly learned that anything that learned to adapt to this and cook or go through could go wrong, went wrong in that Zoom “new” world by social fast-food drive-thru meeting but we also learned to be patient distancing, wearing a restaurants or restaurants when dealing with technical difficulties, mask wherever we go that offered curb service. another new norm where board meetings and constantly wiping Many of us had to work are concerned. In addition, some of us our hands with hand from home when the “stay attended our first E-TAPS seminar and sanitizers. Using Lysol at home/shelter-in-place” Annual Meeting via Zoom. Zoom hear- and Clorox wipes have orders were mandated by ings and meetings have become the norm also become the norm counties across the State of in the legal community and I suspect will more than ever before in our households Texas. Some of you are still working from continue to be the new norm for courts and offices. Having to wait in line to enter home! Many of your movie-goers had to proceedings, depositions and mediations. a local H.E.B. months ago was unbeliev- learn to stream live movies at home which Despite what is happening in our (continued on page 3)
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f 2020 1 f 202 v. 26 .2 Texas ParalegaltPJ Journal Scruples: Legal Ethics in the Time of Focus on. . . COVID-19 13
Virtual Performance for Lawyers and Quarterly Board Meeting Summary— Other Legal Professionals September 18-19, 2020 5 14 Quarterly Board Meeting Summary – The Power of a Positive NO June 20, 2020 10 Hot Cites 23 e t Al.
Trust Basics Exceptional Pro Bono 16 Service Award 21
Legislative Update and Other Resources E-TAPS 2020 All-Stars and 18 Annual Meeting 22
Introducing the New TXPD.org E-TAPS Sponsors 33 19 Columns
President’s Message 1 Editor’s Note 3
2 f 2020 f 202 v. 26 .2 Publications Megan Goor, TBLS-BCP, Co-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, First and foremost—Who enjoyed E-TAPS 2020 Texas 78731. Phone 512-451-4845. E-mail: [email protected] Fthis year?! As the outgoing President, one of The Texas Paralegal Journal is electronically pub- the duties is to Chair the TAPS event for the following lished four times a year as a service to the paralegal fall. While the TAPS Planning Committee and I were profession. An electronic copy of each issue is fur- nished to the members of the Paralegal Division as unaware of the “coronavirus” during the early planning part of their dues. stages in January, the Planning Committee was steadfast in their efforts of putting forth the Paralegal Division’s Paralegal Division President, Edna Garza-Guerra, TBLS-BCP annual CLE event in its virtual format. Special, special President-Elect, Susi Boss thanks to the Speaker Committee for their diligent Treasurer, Eugene Alcala efforts to switch gears and busily obtain speakers from Secretary, Lisa Pittman Parliamentarian, Shannon Shaw across the State when TAPS became E-TAPS! Coordinator, Rhonda J. Brashears, CP, TBLS-BCP See some of the comments and recap in this edition. Visit the TAPS Facebook page, BOARD OF DIRECTORS too, and add your comments and be on the lookout for development for next year’s President- Edna W. Garza-Guerra, TBLS- event. BCP, McAllen This year’s Annual Meeting was virtual as well and included 1 hour of ethics! President-Elect, Susi Boss, San Antonio District 1 Director- Kim Goldberg, CP, The Professional Ethics Chair and Guru, Ellen Lockwood, ACP, RP, was the keynote speaker Woodlands, District 2 Director- Eugene Alcala, and, of course, brought to light the cutting edge topic of ethics and AI. Dallas, District 3 Director- Wayne Baker, RP, Have you seen the Paralegal Division’s new website? See the article “Introducing the Granbury, District 4 Director- Alice Lineberry, Austin, District 5 Director, Pearl Garza, San New TXPD.org” for the latest interactive features. Tip #1—“Member Log On” is under Antonio, District 7 Director- Erica Anderson, the Paralegal Division star at the top left of the page. Log on there, and all of your mem- ACP, Amarillo, District 10 Director and ber benefi ts are easily accessible on this page. Parliamentarian—Shannon Shaw, Bellaire, District 11 Director- Janet McDaniel, CP, Midland, District Stay safe, and I hope you have a wonderful holiday season! 12 Director and Secretary- Lisa Pittman, Denton, District 14 Director- Shannon Happney, CP, —Megan Goor-Peters, TBLS-BCP, Editor TBLS-BCP, Longview, District 15 Director- Martha Ramirez, CP, Edinburg, District 16 Director – Ashley Kyzer, TBLS-BCP, Alpine
PUBLICATIONS COMMITTEE MEMBERS Publications Chair: Megan Goor, TBLS-BCP Board Advisor: Janet McDaniel, CP (continued from page 1) DEADLINE FOR WINTER ISSUE IS DECEMBER country and around the world as a result of this global pandemic, we must still stop 5, 2020. E-mail [email protected]. and give thanks. If you were able to get up and go to work today, then you are one of the very fortunate individuals in this nation that still has a steady paycheck and can Texas Paralegal Journal © 2006 by the Paralegal adequately provide for yourself and your loved ones. We don’t know what the future Division, State Bar of Texas. Published quarterly in Texas by the Publications Committee of the brings in the upcoming months as we enter the winter season but we live in the greatest Paralegal Division, P.O. Box 19163, Amarillo, Texas country in the world that will take care of us. Sure, we are experiencing unusual hard- 79114. The Texas Paralegal Journal is a magazine ships but we will bounce back stronger than ever and we will not take minuscule things published to provide information specifi cally for the members of the Paralegal Division of the (i.e. going grocery shopping and having ample toilet paper at home) for granted in the State Bar of Texas, as well as for members of the future. paralegal community in general, both in Texas and Please take time right now to give thanks for all your blessings. Stay safe and most nationwide. Opinions expressed herein are solely those of the writer and not the Board of Directors importantly, have a “Happy Thanksgiving!!!! or of the Division. Publication of any advertisement Edna W. Garza-Guerra, TBLS-BCP herein does not imply endorsement in any man- President ner. None of the information contained herein is intended nor should it be construed as legal advice. Inclusion and editing of material submitted is at the discretion of the editor and the editorial subcommittee. Texas Paralegal Journal (ISSN# 1 089-1633) is published four times a year in Summer, Fall, Winter, and Spring for $15 set aside from membership dues for a 1-year subscription by the Paralegal Division of the State Bar of Texas, P.O. Box 19163, Amarillo, TX 79114.
f 2020 3 Hollerbach -Texas TPJ Ad 2020 .qxp_Hollerbach Summer2020 6/25/20 1:53 PM Page 1
4 f 2020 Focus on... The Kansas Supreme Court: Kelly v. Legislative Coordinating Council et al.: Live Streamed via Zoom April 11, 2020
Top Row Left To Right: Chief Justice Maria Luckert, Justice Carol Beier, Justice Eric Rosen Middle Row Left To Right: Justice Dan Biles, Justice Caleb Stegall, Justice Evelyn Wilson, Senior Judge Michael E. Ward (filling in seat vacated by Virtual Performance Lessons For retired justice) Bottom Row Left To Right: Clay Britton (Governor Laura Kelly), Brad Schlozman, Edward Greim (LCC) Lawyers and Other Legal Professionals From The Kansas Supreme Court ZOOM of April 11, 2020
By Katherine James, Founder, ACT of Communication™ This article, which was originally published on http://actofcommunication.com, has been edited and reprinted with permission.
There are many lessons to be learned by all lawyers from the Kansas Supreme Court Hearing of April 11, 2020. I want to share with you the insights that I gleaned regarding some basic performance lessons for lawyers who try cases in this brave new world of vir- tual appearances. First, I want to say that every single person in this Zoom Hearing did their personal best to make sure that justice was happening that day in Kansas. And for that, every one of them deserves nothing but thanks and praise. Second, this “brave new world” of virtual court appearances, depositions, hearings and even trials is already here. I believe it is here to stay. Even in the legal world of post- f 2020T 5 Focus on... Covid 19 the ease, efficiency and economy are talking to if we are in a movie or TV forward to address the lawyers her “set of “virtual justice” will have forged a place show and we are in “close up”. This is not up” makes her move diagonally which is that is here to stay. That being said, law- easy to do in ZOOM when you are talking not her intention. I am sure she thinks yers are well advised to learn how to be to several other screens as Justice Caleb she is presenting exactly the same way that their best “virtual” selves for the present Stegall was that day. But he resisted the Justice Caleb Stegall is presenting. and for the future. Bearing this in mind, temptation to talk to the screen of the law- Justice Evelyn Wilson has a fairly suc- I am going to “deconstruct” some of the yers he was addressing as much as possible cessful background with the texture of the basic elements of virtual performance that and spoke straight into the camera. chair and she fills the screen very well so I observed working for and against the In ZOOM and other platforms virtual we tend to disregard what is behind her, earnest and well-intentioned justices and play readings are happening all over the which is the idea. Right? lawyers in this setting. world now since no one is going to the The slight lack of balance of the back- My knowledge comes from over sixty theatre in person—actors and audience ground of Chief Justice Maria Luckert is years of experience acting, writing and alike. Like an actor in a ZOOM play read- interesting. If she were squarer to the cam- directing in the theatre, almost fifty acting ing, Justice Caleb Stegall was able to have era with the painting behind her it might in film and television and over forty teach- the image of the lawyers he was address- work. Clearly, I’m preferring balance and ing the skills gleaned from that “other” ing in his head as he looked at them by books and would love to see her without world to the law. Yo u will notice that I do addressing them in the camera. Not an that odd corner in the background. combine the lessons from both worlds in easy task, but it can be mastered with For extreme out-of-balance back- this commentary. practice. grounds and camera settings spend a bit Here’s how I suggest you maximize of time looking at the screens of Justice your learning from this article. What Is Behind You? Eric Rosen and Senior Judge Michael E. Yo u are setting the stage for how you want Ward. Do you feel uneasy as you look at 1. Read the article through once, making to be viewed in a virtual setting. Yo u want them? Without knowing why? This is why. note of where the justices and lawyers whoever is looking at you to let what is Camera and background. For small back- are placed. The top of this article shows behind you “fall away” from their atten- ground distractions, look at the screens you where their screens are placed on tion and just look at you. Yo u would think of Justice Caleb Stegall and Lawyer Brad the monitor. that a blank wall would be best, wouldn’t Scholzman. By having unbalanced back- 2. Please watch the Yo u Tube Video of the you? Ye t when you look at Lawyer Clay grounds, they draw the eye and cause the proceeding I have referenced at the top Britton’s plain wall it feels cold, sterile, mind to wander. What IS it with that base- of this article keeping the ideas in the and is a bit jarring. Several of the screen ball cap in Justice Stegall’s background? article in mind. backgrounds inadvertently call attention And is that a copier…or a shredder… 3. Re-read the article and see if the les- to themselves either because of what is in or what is in Lawyer Scholzman’s shot? sons in it are more firmly anchored for the background or because of where the And why am I looking at that instead of you now that you’ve seen the Yo u Tube camera is placed or both. listening to what they are saying. Or what Video. I think that the most successful setting someone else is saying who has “The 4. Write me with questions, comments is that of Lawyer Edward Greim. We are Focus” of ZOOM at any given point in the and other insights you have found from in his office, the image behind him seems proceedings? In the theatre, we are always your watching the video that you think balanced and full—the chair on one side aware, or always TRY to be aware of what I have missed: katherine@actofcommu- balances the books on the other side. our “set” looks like. Even in these times of nication.com. I’ll be happy to respond. The second most successful setting is ZOOM play readings where every actor is that of Justice Dan Biles. The almost total in a separate space, we, too, are learning Know Where Your Camera Is, Face It, background of books again is very bal- that what is behind us makes a difference and Find Your Eyeline anced and we are much more taken with to the audience every bit as much as it Hands down, Justice Caleb Stegall knew him than what is behind him. does when we are playing in front of an exactly where he should be sitting. Square Do you see how Justice Carol Beire’s award winning set. on to the camera. In the dead center of the corner is unbalanced and off putting? Just Some lawyers are already creating “vir- screen. He was looking straight into the slightly. There is something unbalanced tual” backgrounds for themselves which camera. This is what actor’s call “Finding about the background and the fact that they simply “put” behind them on screen. Your Eyeline”. We look into the camera her camera is off to the side that makes me Their conference rooms, libraries, what- and we pretend there is someone there we slightly uncomfortable. When she moves ever they feel is appropriate. They prefer a
6 f 2020 Focus on... really wonderful professionally taken shot without the corset and boots how on earth directly over you and light in front of they may already have of their conference would I begin to play Dolly Levi in The you, look at the screen of Lawyer Brad room to their home office which may very Matchmaker? Yo u are playing the best law- Schlozman. See how the light above him well double as a guest room for their in- yer in The United States today. Please dress literally bounces off his forehead? He has laws. that way. Your client deserves it. such a wonderfully expressive face when he makes his arguments. I hate to see this What Are You Wearing? Lighting “lighting from above” distract us from It is wonderful to be able to give every Just as in any kind of production that his sincere and authentic “performance”. single person in this proceeding an “A” involves a camera, the main source of light I am pretty sure that lighting from above for costuming. The Justices all showed up has to come in front of the person on the is fluorescent lighting—always harsh in their robes as opposed to golf attire. screen. In fact, diminishing or eliminating and tough in real life, let alone as a light The lawyers all looked as though they, “back light” is vital. Look at the lighting source for the screen. He also has an issue too, were wearing court attire. My own in Justice Dan Biles’ screen. Notice how with his glasses. It is an investment to get personal favorite attorney outfit belongs to your eye gets disturbed by the floor lamp “non-reflective” lenses. However, those Lawyer Edward Greim. He gets an “A+” in the back of the room. That is “back reflections which now distract our eye from me because it appears as though he lighting”. Also, you need a separate source from his wonderfully expressive eyes will planned that his outfit was courtroom of light in front of your computer screen. be minimal. Also, once everyone is back in attire and coordinated to fit in perfectly Otherwise you are basking in a very eerie “real” courtrooms once more, nonreflec- with his background. This may sound computer blue light. Justice Eric Rosen has tive lenses in glasses pay off many times in ridiculous to some lawyers. However, in light bouncing off his screen that is blue the harsh fluorescent light of many of the a welldesigned piece of theatre, film or and behind him that is blue on the second courthouses lawyers practice in across the television show you may not (often ide- screen. Makes total sense that he wanted country. ally) be aware of the effect that the scene to have the logo of The State of Kansas The lighting to emulate belongs to Justice designer and costume designer are hav- behind him. However, between the odd Caleb Stegall, who appears to be aware of ing on your ability to simply focus in on angle and the bouncing of blue light on his the need to have light in front and Lawyer the “show” itself. Which in this setting face he needed to make a different choice Edward Greim who also appears to have is always going to be the lawyer’s face. or add more light in front of the screen in either accidently or purposefully taken Everything else should simply “fall away” front of him. advantage of a light source in front of him. and our focus should always go to the face. Justice Eric Rosen’s slight lighting error Even though their settings are completely Right now there are people who are mak- is committed far more egregiously every different do you see how their faces are ing appearance without, literally, wearing day right now in this brave new virtual the most important thing in their screens? pants. There was recently a complaint world. I see lawyers in offices that have How you are naturally drawn to their faces by a judge that lawyers are making vir- absolutely no light at all except for the and expressions without anything getting tual courtroom appearances not wearing eerie blue light of their computer screens. “in your way”? In Hollywood, lighting shirts. Not even getting out of bed, but They look like they are in very odd designers who can “light” actors’ faces appearing with the covers pulled up to Zombie movies being shot in caves. masterfully are revered for a very good their chins. As an actor, I can tell you that What kind of a message does that give reason. Now you have an understanding as whether the camera sees you are wearing the eye of the beholder about them and to why that is so. pants or not is not as important as the fact their argument? I know this is subliminal. that you know whether you are wearing I’m not suggesting that bad lighting turns Being Heard Is Still The Most Important pants or not. Psychologically, unless you a great argument into a bad argument. Part Of Any Proceeding are “dressed for an appearance”, chances But wouldn’t you rather make it The challenge of being heard and under- are more likely than not that you won’t “easier” to listen without giving the mixed stood in the virtual world is a new and give your best performance. Many actors message to a judge in a hearing that you difficult challenge that lawyers are facing. will tell you that they don’t completely have just risen from the dead and removed Lawyer Edward Greim spends most of realize the character that they are playing the stake from your heart in order to make the proceeding simply looking great. But until they put on the costume. Yo u think this motion? then…it comes time to speak. it is a burden to put on your pants, socks Light directly over your head or under Is it that he has a bad microphone in and a pair of shoes? Imagine putting on a your face can also be problematic. If you his computer and he is using his computer corset and high-topped button boots. But want to see the difference between light microphone for the proceeding? Is it that f 2020 7 Focus on... his microphone is unidirectional (can’t supreme court argument—is a give and Lawyer Clay Britton chooses to stand at pick up any sound unless it is spoken into take of interruption, question, and expla- the beginning of the session. By the end directly) instead of omnidirectional (picks nation. of the session in his rebuttal argument, he up sound from every direction)? Notice It is the very heart of how these pro- is sitting. Watch how much more effective that when he turns his head that you can’t ceedings “traditionally” go. In a court- he is when he is sitting than when he is hear or understand what he says. Is it that room, a lawyer will quickly stop talking standing. he is too far from the source of his wi-fi and tune in immediately to the question It is anti-intuitive for most lawyers connection? So he doesn’t have “the band- that a justice or a judge is asking. In these to sit in front of the court. I completely width” for clear sound? My experience settings, lawyers have to be willing to stop understood that Clay Britton was trying to tells me that if that were the case that his for a moment and say, “Your honor, I want show deference to the court and make it picture would also be “unfocused” and go to make sure I heard the first part of what seem as though it was “business as usual”. in and out. He would have a lot of lag time you just said” and repeat back what the It is preferable to sit and be “the same size” and freeze and start if this were the case. lawyer believes the justice or judge asked. as your opponents and whoever is try- There is a moment early on where the Resist the temptation to answer your own ing the case. Do you see how Mr. Britton tried and true courtroom admonition question. Wait for the judge or justice to actually looks smaller than everyone else “just speak up, please” works. That is with clarify what the first part of the “cut-off” because we are looking at most of his body Attorney Clay Britton in his first argument question or response was. Yes, this will from what we would call a “long shot” in when he is clearly standing far away from take time. It may even take out the won- the movie business? And how much more his microphone (which I am pretty sure is derful adrenalin rush that both lawyers effective he is in “close up”? in his computer). He puts more volume in and judges get from the fast back and forth In his rebuttal argument, in fact, he his voice and then we can hear and under- banter of fine minds working through fas- wins “most improved player” for me. stand him. cinating and important legal issues. Compare and contrast his performance But that tried and true instruction from But again, this is always going to be from the beginning of the proceeding to a number of the Justices to Lawyer Edward about the record: what is said, what is the end and see if you don’t agree with me. Greim doesn’t have the same result because heard, what is taken down. And virtual it can’t. It isn’t about his voice—it is about platforms are just not yet sophisticated Little Movements vs Big Movements his mike. enough to allow for natural overlapping, Making notes is a “small” movement. Yo u do not ever want anyone to have to verbal “exchange” that we are used to. Again, Attorney Edward Greim at first has make an effort to hear you. The effort to his notebook off to the side and has to take hear you takes away from their ability to Have A Plan For Screen Movement his eyes off the camera to make his notes listen to what you are saying. And listening Justice Caleb Stegall has a clear plan. and looks like he doesn’t want to be seen. to what you are saying and understanding When he is “not speaking” he moves his Yo u are “on” at all times, just as you are in your argument is, and always will be, the chair slightly back so that we see him not the theatre. Or in court. Everyone can see most important part of the law as far as I in close up, but in a slightly distant shot. you. It is ok. It is a small movement and can tell for the rest of time. When he speaks, he moves forward, fill- doesn’t interrupt the flow of the proceed- ing the screen with a close up. Our eyes go ing. Cutting Off One Another’s Speeches to him immediately when he moves. The Attorney Clay Britton, on the other This is one of the most difficult parts of ZOOM system focuses on him—you can hand, has to “walk” from his standing this brave new world. Yo u know how court tell by the green rim around his screen. position to his chair. He takes his laptop reporters bemoan the fact that they can’t He then and only then speaks loudly and with him. These “Big Movements” are take down testimony when two people are clearly into his microphone. He might distracting for a few reasons. First, because speaking at the same time? Well, virtual not do this “perfectly” every time, but this it takes the focus of everyone in the whole platforms like ZOOM cut people off who is clearly his intention and as far as I am proceeding. Many virtual platforms are are in midsentence and then have lag time concerned he is the most adept person set up to have the screen “take focus” and before the person who cut them off can in the whole proceeding at using ZOOM. become the predominant screen when be “heard”. This again, leads to having Making Justice Caleb Stegall the person there is a big movement in that screen or an interruption starting in midsentence. from whom you can learn the most about the person in that screen talks. Attorney Yo u will see this again and again in this how to do things “right” in my opinion. Clay Britton did not intend to suddenly proceeding. But the nature of speaking in take focus at that moment (you can see a proceeding with a judge—especially a Sitting Is Better Than Standing that the program is trying to give him
8 f 2020 Focus on... focus because his screen is highlighted Lincoln tomorrow night who would rather with a green rim). He was just trying to the audience see her character name than quietly move and let another lawyer be in “ACT of Communication”. the spotlight. I was in a ZOOM reading of one of the plays I have authored the other In Conclusion night and one of the actors finished with a Was the Kansas Supreme Court ZOOM of scene they were in and got up and walked April 11, 2020 problematic? Absolutely not. out of the room for a moment—totally Could it have been “better”—that is easier taking focus away from the next scene that to see, understand and follow for everyone was starting. involved? Absolutely. If Attorney Clay Britton had already The tools, techniques and skills that been “in place” then he could have saved I have pointed out in this article can be the distraction. Just as my actor could mastered. It takes effort and a willingness have saved the first part of the scene they to be “the best lawyer you can be” in this were not in. brave new virtual world. ATLA) ABTL, ABA, NITA, DRI, CICA The time to start learning is now. Your as well as many private law firms and bar Double Check Your Screen Name clients deserve it. associations. Let everyone know about our Lawyer Edward Greim has “Ed Greim” youtube channel videos on being better on as his screen name. Probably because Katherine James, MFA, Founder, Act of ZOOM. that is what his ZOOM account says. If I Communication. A trial consultant who They are free of charge: don’t change my name I appear as “ACT specializes in live communication skills https://www.youtube. of Communication”. The problem for based in the discipline of theatre, Katherine com/watch?v=p0JxZ_ Edward Greim was when he had to state James has been working to make attorneys RCZdE&list=PLgvTB-K92_koUh5kcs- his name for the record, he had a hiccup and witnesses better courtroom communica- Bu7hNWdlbq3QKAP in the proceedings where he had to say, tors since 1977. Over 40,000 attorneys have http://www.harvestingwitnessesstories. “Ed Greim”. taken ACT of Communication™ workshops com/ Theatre actors are learning that they that she developed with co-founder Alan can change their screen names to the Blumenfeld. She has helped take over 1,500 names of the characters they are playing cases to trial and helped prepare literally which makes for a better identification and thousands of witnesses, including experts performance enjoyment for their virtual of every stripe. She coaches witnesses and audiences. Take a lesson from an actor their lawyers to reach, persuade and activate who is supposed to be playing Mary Todd jurors. She has taught for AAJ (formerly
f 2020 9 Focus on... the Power of a Positive no 3 Strategies To Stay Focused And Accomplish What Really Matters
This article, which was originally published you have your own goals and priorities, work on tasks that are important to you, on www.drjosephreed.com, has been edited don’t you? But they ask for your help and to fight other people’s fires on a regular and reprinted with permission. like a good co-worker or friend or what- basis, those switching costs will eat you teve Jobs once said, “People think ever, you put aside what it is that you are alive. Yo u won’t accomplish the things focus means saying yes to the thing working on and try to be responsive to that matter most to you. Or you’ll find you’ve got to focus on. But that’s not their needs. That’s fine—once in a while. yourself up at 2 am trying to work on what it means at all. It means saying But for the people I work with, it’s a con- something that really matters, after a hard no to the hundred other good ideas stant source of interruption throughout day of solving other people’s problems. that there are. Yo u have to pick care- the day. Every time you are interrupted, Unfortunately, you are unlikely to have sfully.” Like him or not, the man knew not only do you lose the time it takes to the physical or mental energy that you where his priorities were and was able to provide the answer or the assistance, but need to do it successfully. According to devote his energy and attention into mak- you also lose the flow and focus for the the American Psychological Association, ing his aspirations a reality. Isn’t that 80% goal or project you were working on. By repeated switching costs can tally up to of the battle? Knowing what’s important the time you reestablish that flow and 40% of an individual’s productive time. to you, personally, and then focusing your focus, it seems as if someone else needs Again, that’s not even counting the time effort there and not being diverted. something from. that you aren’t working on your own goal. I’ve been spending a bit of my time the Who can afford that? We simply can’t say last few years helping people to identify The Cost Of Not Saying No yes to everyone. who they aspire to be in their lives, so that The process loss involved in stopping work Disclaimer: Relationships are an they can focus their energy and effort on on one thing and beginning work on a dif- important part of life—personally as well the things that really matter to them. The ferent issue (someone else’s fire) is called as professionally. Building and maintain- process usually involves helping them the switching cost. There is a mental pro- ing them should be a priority. It’s when to identify their key stakeholders and to cess that we go through. We have to: we fight other people’s fires—mindlessly, operationalize exactly what it is they want 1) Mentally shift our goal focus—“I’m or because we are afraid to say no—that it their lives to be—how they aspire to live not going to do this anymore, now I’m can become dysfunctional and a hindrance out their hopes and dreams and values. going to do that” to our effectiveness. A common issue I’ve heard from many 2) Mentally change our paradigm and We need to be able to use a positive No of the people I’ve worked with is just how cognitive rules—I’m turning off the rules to maintain our focus and accomplish the challenging it can be to stay focused when and mental maps that pertain to what I things that matter most to us. My clients other people—colleagues, friends, fam- was working on, and I’m booting up new tell me that it’s hard for them to use that ily—attempt to involve you in their issues. rules and mental maps for what you are No. They feel uncomfortable with it. They Yo u know exactly what I’m talking asking me to do. wish they could do it better. about don’t you? I call it fighting other Those cognitive switching costs are like I want to offer some ideas. people’s fires. They have an issue, an idea, interest compounding on a credit card a problem, a question; they have some- balance. If you use the card sparingly, no Why we have difficulty saying no thing they need—or think they need— problem, you can handle the interest. But Our discomfort with the word No is emo- from you. There’s nothing wrong with if you are using that credit card day in and tional. If we didn’t experience emotions their intentions. I’m sure that the issue day out, the interest will add up quickly. and empathy, it would probably be pretty matters to them at that moment. However, If you are getting interrupted from your easy to say no, wouldn’t it? There are dif-
10 f 2020 Focus on... ferent flavors to how our emotions may until that time each day—if they can. on how it is received. William Ury, in his affect us. If you are really in demand consider book The Power of A Positive No, points Yo u may: briefer Office Hours in both the morn- out that our focus when we start our ing and the afternoon. response matters. All too often we start 1. Have the need to please 2. Turn Off Email notifications—Email from the perspective of being against the 2. Equate saying no to being rude is a fantastic tool for communicating. other person’s perspective or request. That 3. Be uncomfortable with conflict Use it, don’t let it use you. Set a few type of reactive response can create ani- 4. Believe that saying no will damage the times each day to check and respond to mosity and negative feelings. He recom- relationship email. Turn off your notifications. Turn mends a more proactive response based 5. Not want to disappoint the other per- them off on your desktop as well as on on what we are for rather than what we are son your mobile device. Choose when you against. 6. Believe that it’s your responsibility to will do email, don’t let the tail wag the say yes dog. According to a variety of studies, Consider using a three-part process: many of us have formed an unhealthy 1. Begin by saying Ye s to yourself and I’m tempted to go into a long-winded habit of checking our email too fre- safeguarding what matters to you—in analysis of each of the possible reasons, quently—around 200 times a day. What this case your time and energy. Be clear but instead let me just cut to the chase. are the switching costs of that? in your own mind about your priori- GET OVER IT! Whichever of those rea- 3. Batch Phone Calls—Much like with ties—what are the key roles and goals sons resonates with you, let it go! Saying email, the phone can be a source of in your life? If you are legitimately no doesn’t automatically create conflict, unpredictable, intermittent interrup- spending time working on one of those disappoint or damage the relationship. tions. Or you can use it. Let your phone key roles or goals (Which you should It doesn’t have to be rude, and hav- go to voicemail and set a time on your be!) then it will be easy to say Ye s to ing the need to please can end up being calendar during the day to return those yourself and to shift to an emotional highly dysfunctional if you take it too far. calls. Don’t use the phone as an excuse state more conducive to saying No to Recognize what’s preventing you from say- to break your flow. The exception to the other person’s fire. Then say Ye s by ing No and make a conscience choice to this rule is, of course, if your job is to telling the other person about your cur- put it aside. Yo u can actually control your answer the phone and provide service rent priority. emotional state. Shift yourself to a set of to clients and stakeholders. Other than 2. Then offer a straightforward, matter internal emotions where you feel more that, let it go to voicemail. of fact No. Tone of voice matters. Be comfortable setting boundaries and stay- 4. Schedule One On One Meetings—If assertive, not aggressive or dismissive. ing focused. you manage others you need to be 3. Finally, close the loop by following with Once you’ve decided to start using No there for them. But that doesn’t mean another Yes. Say Ye s to the relationship more regularly, there are some strategies to that they should have 24/7 unfettered and—hopefully—provide an alternative do it more effectively. access to you and your energy for every solution. In many cases you are not say- trivial thing under the sun. Set up a ing “Never”, you’re saying “Not Now”. 1) Say No Without Ever Having To Say regular meeting time—once a week— So, if not now, when? If the answer No to discuss whatever they want. It’s their really is Never (The issue clearly is their Sun Tzu wrote in the Art of War “The meeting. They get to set the agenda. fire and you want nothing to do with it) supreme art of war is to subdue the enemy Explain to them that you’d like them try to point them in a direction that you without fighting.” Yo u are facing a war for to save any issues that can wait, for that believe will be helpful. Affirm the value your time and energy. Wouldn’t it be great meeting or for whatever hours you set that you place on the relationship. to win that conflict without having to say for daily Office Hours. Also explain no or turn someone away? what types of issues will require imme- It sounds more difficult than it is. It’s diate communication. actually a pretty straightforward process. 1. Set Boundaries—Establish a time when Request: “Joe, do you have a few min- you will be available each day to deal 2) Use A More Positive Approach: Yes— utes to talk about the project?” with questions and requests. I’ll call No—Yes Ye s (to yourself ) I’m currently working that time your Office Hours. Yo u can Even with well-defined boundaries, there on writing a new Post for my Web Site. It’s call it whatever you like. Let your net- will always be unexpected interruptions. important to me and I don’t want to lose work know. Encourage them to wait The way we say No will have an impact my flow. f 2020 11 Focus on... Response: “Hi Susan. Unfortunately, I a key goal and then pick up the phone am right in the middle of something impor- because you remember you need to call a tant right now. So I’m going to have to say colleague—or you check your email,—or No at this moment. But I do want to talk you surf the web or you do whatever— with you about the project. Are you avail- you’re losing productivity. How often does able at 2? that happen for you? Not every interruption or request will Saying No to yourself is also about say- be as obvious and straightforward. More ing Yes, isn’t it? It’s about knowing what is often, you will have to ask a few clarify- most important to you—your key Roles ing questions to really understand that the and Goals and Stakeholders. It’s about person isn’t asking about a fi re burning ensuring that you spend most of your time uncontrollably, in your own back yard. and energy focusing on those key parts of Saying No can be a withdrawal from your life instead of responding to other what Stephen Covey called the Emotional people’s fi res or letting yourself become Bank Account. When you do say No, look distracted. Those self-initiated distractions for opportunities to begin to replenish that may be an even larger hindrance to your relationship bank account as soon as pos- personal effectiveness than requests and sible. Ask yourself, what would be a depos- interruptions from others. Dr. Joseph Reed is a Doctor of it for that person? As soon as possible after According to Gloria Mark, Professor Organizational Psychology, a Master the No, follow through and make that in the Department of Informatics at the Trainer, an MBTI ® Master Practitioner deposit to help affi rm the relationship. University of California, the subjects she as well as a former Marine Corps Offi cer studied switched tasks—on their own—on and University Faculty Member. Dr. Reed 3) Say NO to Yourself average, every 3 minutes and 5 seconds. is the CEO of J.R.Training—A Learning I’ve been focusing on saying no to others, In the hour and a half that I’ve been writ- and Development Company. I’ve spent over but there is another part to the process. ing this Post, I’ve gotten up for a snack, twenty years working with both leaders You have to be able to say No to yourself answered the phone, watched 4 innings of and individual contributors to help them as well. Every time you move from one the Phillies game (they’re losing) and gone improve their abilities to get the right things task to another you incur those switching to the bathroom (twice) Maybe it’s time to done, enhance their working relationships, costs. Even when you move on your own start saying No to myself. and perform up to their potential. initiative. If you work for ten minutes on
12 f 2020 Scruples Legal ethics in the time of COVid-19 and similar situations
Ellen Lockwood, ACP, RP
he last few months have been For small and solo firms, it is wise to for confirming attorneys are reviewing a challenge for everyone, have an arrangement for other attorneys and supervising their work. If everyone in Tpersonally and professionally. to assist and a comprehensive succession your office is working remotely and the Below are the major areas of ethical con- plan in the event the attorney cannot previous procedures involved circulating siderations during pandemics and similar continue representing clients, whether hard copies of documents, new procedures situations. temporarily or permanently. Plans should must be developed. include instructions on quickly notifying Although many of us are enjoying Competence clients and opposing counsel of the situ- working from home (and dressing much In addition to the usual areas of compe- ation. more casually), we must maintain our tence, firms must have a plan to keep up commitment to ethical practices, adjust- with changes and extensions of deadlines, Confidentiality ing processes and procedures as necessary. courthouse closures, rescheduling of hear- Many of us are working from our homes. We should also consider this situation ings, and related issues. The duty of com- Unfortunately, that also means it can be an opportunity to learn new technology, petence also extends to technology that more difficult to keep conversations pri- embrace new methods of communication, has become so necessary now, including vate and to protect confidential hard cop- and help our firms become better pre- video conferences and remote notariza- ies and electronic information. Everyone pared for unexpected interruptions to the tion. should try to find a private, quiet place in ways we usually offer legal services. Paralegals and attorneys should also your home to work and have confidential keep up with executive orders and other conversations. And while you may think Ellen temporary changes in the law and proce- that it is not important if your spouse, Lockwood, dures that may affect clients. Now would roommate, or teenager has access to your ACP, RP, is the be a good time to join the relevant section information (hard copy and electronic), Chair of the of the State Bar or a similar organization it is critical. The ethical standard is not Professional to receive updates on these matters. whether the person who may access the Ethics information is going to pass along that Committee of Communication information to someone else, it is that the Paralegal As always, it is important to keep clients no unauthorized person should have Division reasonably informed. Many firms use their access to confidential and privileged and a past websites and social media to update clients information. As a further precaution, all president of the Division. She is a frequent regarding office hours, attorney and staff smart speakers such as Alexa and Google speaker on paralegal ethics and intellec- availability, and how best to reach attor- Assistant should be unplugged or moved tual property and the lead author of the neys and staff, such as email or calls to the into a room far away from your work- Division’s Paralegal Ethics Handbook pub- office numbers that are forwarded to the space. Smart speakers are always listening lished by Thomson Reuters. She may be responsible person. For some firms, there and even turning them off is not sufficient. contacted at [email protected]. will be information that applies to many clients such as courthouse closures, exten- Supervision sions of deadlines, and information on Attorneys must still supervise their staff. hearings being held via video conference. Often paralegals must take responsibility
f 2020 13 BOARD OF DIRECTORS QUARTERLY BOARD MEETING SUMMARY FALL 2020
Submitted by President-Elect, Susi Boss [email protected]
The Incoming Board of directors met via Zoom on Friday, September 18, 2020 and Saturday, September 19, 2020 by Zoom. Zoom has become our friend of late but we all hope to be in person sooner rather than later..
Meet your Board of Directos and PD Coordinator for 2020-2021 Shannon Happney, CP, TBLS, District 14
President—Edna W. Garza-Guerra, TBLS-BCP Even-Numbered Director Elections are also just around the cor- President-Elect—Susi Boss ner (March 2021). Chair will be Erica Anderson, ACP, District 7. District 1—Vacant District 2 and Treasurer—Eugene Alcala 40TH ANNIVERSARY —The 40th Anniversary for PD is just District 3—Wayne Baker, Jr., RP around the corner and plans are already being made so look for District 4—Alice Lineberry, PLS, CP more information in the coming months. District 5—Pearl Garza District 7—Erica Anderson, ACP SALARY SURVEY—It is so VERY INMPORTANT that we have District 10 and Parliamentarian—Shannon Shaw everyone complete the Salary Survey. The survey has been District 11—Janet McDaniel, CP extend and we encourage everyone to help the PD by completing District 12 and Secretary—Lisa Pittman the survey. PLEASE, PLEASE, PLEASE take a few minutes and District 14—Shannon Happney, CP, TBLS help us complete this important informational task. Remember District 15—Martha Ramirez, TBLS-BCP this information benefits all the Division. Information given is Distict 16—Ashley Kyzer confidential and not shared.
Paralegal Division Coordinator KEEP YOUR CLE FORMS—We can’t remind our members Rhonda Brashears, CP, TBLS-BCP enough to KEEP YOUR CLE up to date.
At the Fall Board Meeting reports were made not only from the ONLINE STORE—Support the PD by shopping on the Online Districts of PD but regarding goals and plans and ideas on keep- Store—there are great finds and the E-TAPS logo merchandise is ing everyone involved with the COVID keeping us distancing. ready for you to order.
The Exeuctive Committee and the Board of Directors are always PARALEGAL PULSE AND TPJ—Do ready to answer questions and assist in any way we can. Please you remember the ad on t.v. before reach out to any of us. Contact information is on the website for black Friday when all the people are the Executive Committee and the individual Directors as well. standing in front of the windows say- ing “open, open, open”. Well don’t The Board was busy giving reports, discussing ideas for events for forget to OPEN, OPEN, OPEN your our Districts and scheduling upcoming meetings. Paralegal Pulse and TPJ when they pop up in your emails. Who knows The President-Elect Nomination will be announced in the Winter who you may see or read about or TPJ. Candidates eligible will be able to view the President-Elect learn from. guidelines and same will be on the PD website. Election of the President-Elect will be held in January 2021. Chair will be
14 f 2020
♦ ♦ ♦ ♦
Authored by Paralegal Division members, with input from the legal community. Published by Thomson Reuters.
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f 2020 15 • Create a pool of investments that can be managed by professional money trust Basics managers • Set up a fund for your own support in the event of incapacity • Shift part of your income tax burden By Craig Hackler Hot “Cites” to beneficiaries in lower tax brackets • Provide benefits for charity might want to fund The type of trust used, and the your trust mechanics of its creation, will dif- with a life fer depending on what you are try- insurance ing to accomplish. In fact, you may policy. need more than one type of trust to When accomplish all of your goals. And you create since some of the following disad- and fund a vantages may affect you, discuss the trust, you pros and cons of setting up any trust are known with your attorney and financial as the professional before you proceed: grantor (or • A trust can be expensive to set up and sometimes, maintain—trustee fees, professional the settler fees, and filing fees must be paid hether you’re seeking to or truster). • Depending on the type of trust you Wmanage your own assets, The granter names people, known choose, you may give up some con- control how your assets are distributed as beneficiaries, who will benefit trol over the assets in the trust after your death, or plan for incapac- from the trust. Beneficiaries are • Maintaining the trust and complying ity, trusts can help you accomplish your usually your family and loved ones with recording and notice require- estate planning goals. Their power is in but can be anyone, even a charity. ments can take up considerable time their versatility—many types of trusts Beneficiaries may receive income • Income generated by trust exist, each designed for a specific pur- from the trust or may have access assets and not distributed pose. Although trust law is complex and to the principal of the trust either to trust beneficiaries may be establishing a trust requires the services during your lifetime or after you taxed at a higher income tax of an experienced attorney, mastering die. The trustee is responsible for rate than your individual rate the basics isn’t hard. administering the trust, managing the assets, and distributing income The duties of the trustee What is a trust? and/or principal according to the The trustee of the trust is a fidu- A trust is a legal entity that holds terms of the trust. Depending on ciary, someone who owes a special assets for the benefit of another. the purpose of the trust, you can duty of loyalty to the beneficiaries. Basically, it’s like a container that name yourself, another person, or The trustee must act in the best holds money or property for some- an institution, such as a bank, to be interests of the beneficiaries at all body else. Yo u can put practically the trustee. Yo u can even name more times. For example, the trustee any kind of asset into a trust, includ- than one trustee if you like. must preserve, protect, and invest ing cash, stocks. bonds, insurance the trust assets for the benefit of the policies, real estate, and artwork. Why create a trust? beneficiaries. The trustee must also The assets you choose to put in a Since trusts can be used for many keep complete and accurate records, trust depend largely on your goals. purposes, they are popular estate plan- exercise reasonable care and skill For example, if you want the trust ning tools. Trusts are often used to: when managing the trust, prudently to generate income, you may want • Minimize estate taxes invest the trust assets, and avoid to put income-producing securities, • Shield assets from potential creditors mixing trust assets with any other such as bonds, in your trust. Or, if • Avoid the expense and delay of pro- assets, especially his or her own. A you want your trust to create a pool bating your will trustee lacking specialized knowl- of cash that may be accessible to pay • Preserve assets for your children until edge can hire professionals such any estate taxes due at your death they are grown (in case you should as attorneys, accountants, brokers, or to provide for your family, you die while they are still minors) and bankers if it is wise to do so.
16 f 2020 Hot “Cites” However, the trustee can’t merely you cannot avoid estate taxes using a liv- delegate responsibilities to someone ing trust. else. Although many of the trustee’s duties Irrevocable trusts are established by state law, others are Unlike a living trust, an irrevocable defined by the trust document. If you trust can’t be changed or dissolved are the trust grantor, you can help deter- once it has been created. Yo u generally mine some of these duties when you set can’t remove assets, change benefi- up the trust. ciaries, or rewrite any of the terms of the trust. Still, an irrevocable trust is a Living (revocable) trust valuable estate planning tool. First, you A living trust is a special type of transfer assets into the trust—assets trust. It’s a legal entity that you cre- you don’t mind losing control over. ate while you’re alive to own property Yo u may have to pay gift taxes on the such as your house, a boat, or invest- value of the property transferred at the ments. Property that passes through a time of transfer. living trust is not subject to probate—it Provided that you have given up doesn’t get treated like the property in control of the property, all of the your will. This means that the transfer property in the trust, plus all future as well as the Group I license (life, health, of property through a living trust is not appreciation on the property, is out annuities). Through Raymond James held up while the probate process is of your taxable estate. That means Financial Services, he offers complete pending (sometimes up to two years or your ultimate estate tax liability may financial planning and investment prod- more). Instead, the trustee will transfer be less, resulting in more passing to ucts tailored to the individual needs of his the assets to the beneficiaries according your beneficiaries. Property trans- clients. He will gladly answer your ques- to your instructions. The transfer can be ferred to your beneficiaries through tions. Call him 512.391.0919 or 800.650.9517 immediate, or if you want to delay the an irrevocable trust will also avoid or e-mail Craig.Hackler@RaymondJames. transfer, you can direct that the trustee probate. As a bonus, property in an com Raymond James Financial Services, hold the assets until some specific time, irrevocable trust may be protected Inc., 3345 Bee Caves Rd., Suite 208, Austin, such as the marriage of the beneficiary from your creditors. TX 78746. This Information, developed by or the attainment of a certain age. There are many different kinds of an Independent third party, Broadridge Living trusts are attractive because irrevocable trusts. Many have special Investor Communications Solutions, Inc., they are revocable. Yo u maintain provisions and are used for special has been obtained from sources considered control—you can change the trust purposes. Some irrevocable trusts hold to be reliable, but Raymond James Financial or even dissolve it for as long as you life insurance policies or personal resi- Services, Inc. does not guarantee that the live. Living trusts are also private. dences. Yo u can even set up an irrevo- foregoing material is accurate or complete. Unlike a will, a living trust is not cable trust to generate income for you. This information is not a complete sum- part of the public record. No one can mary or statement of all available data review details of the trust documents Testamentary trusts necessary for making an investment decision unless you allow it. Trusts can also be established by and does not constitute a recommendation. Living trusts can also be used to help your will. These trusts don’t come into The material is general in nature. Past per- you protect and manage your assets if existence until your will is probated. formance may not be indication of future you become incapacitated. If you can At that point, selected assets passing results. Raymond James Financial Services no longer handle your own affairs, your through your will can “pour over” into Inc. does not provide advice on tax, legal or trustee (or a successor trustee} steps the trust. From that point on, these mortgage issues. These matters should be in and manages your property. Your trusts work very much like other trusts. discussed with the appropriate professional. trustee has a duty to administer the trust The terms of the trust document con- Securities offered through Raymond James according to its terms, and must always trol how the assets within the trust are Financial Services, Inc., member FINRA/ act with your best interests in mind. managed and distributed to your heirs. SIPC, on Independent broker/dealer, and In the absence of a trust, a court could Since you have a say in how the trust are not insured. Investment advisory ser- appoint a guardian to manage your terms are written, these types of trusts vices are offered through Raymond James property. give you a certain amount of control Financial Services Advisors, Inc. Raymond Despite these benefits, living trusts over how the assets are used, even after James is not affiliated with Texas Paralegal have some drawbacks. Assets in a living your death. Journal. trust are not protected from creditors, and you are subject to income taxes on Craig Hackler, Financial Advisor, holds the income earned by the trust. In addition, Series 7 and Series 63 Securities Licenses,
f 2020 17 United States District Court for the Eastern District of Texas—http://www. Legislative Update and Other txed.uscourts.gov/?q=covid19-general- orders United States District Court for the resources Southern District of Texas –https://www.
Hot “Cites” txs.uscourts.gov/page/covid-19-general- and-special-orders January 1, 2021 Amendments sional disciplinary or disability proceeding United States District Court for the Amendments to the Texas Rules of Civil to conduct proceedings remotely. Western District of Texas –https://www. Procedure go into effect on January 1, Emergency Order 27—Issued 09/25/2020 txwd.uscourts.gov/coronavirus-covid- 2021. Note that the Request for Disclosure Establishes eviction procedures (Texas 19-guidance/ becomes “Initial Disclosures” and must Eviction Diversion Program) for tenants be responded to by all parties within and landlords under a statewide housing- State Bar Resources thirty (30) days after the first answer in assistance program intended to avoid The State Bar has a portion of it web- the case. Other discovery is prohibited evictions for tenants behind on rent. The site dedicated to various resources and until after the Initial Disclosures are due. order allows an eviction proceeding to be updates: https://www.texasbar.com/ Read the entire Order Amending Rules of abated by agreement for 60 days, requires Content/NavigationMenu/Coronavirus_ Civil Procedure 47, 169, 190, 192, 193, 194, courts to provide tenants with informa- COVID_19/default.htm and 195 here: https://www.txcourts.gov/ tion about the program, and makes court The State Bar of Texas provides free media/1449614/209101.pdf records for participants confidential while CLE on the TexasBarCLE website. As eviction cases are delayed. The order also a Paralegal Division member, you also Recent amendment—September1, 2020 outlines procedure for reinstating evic- enjoy this benefit: SB 2342 will become effective on tions. Without such reinstatement, evic- The State Bar is currently offering 6.5 September 1, 2020. This bill increases the tion cases will be subject to dismissal. hours of free CLE on the TexasBarCLE expedited action threshold to $250,000 for The order, expires December 18, and is website, including recent webcasts related cases filed in county courts at law and, for effective October 12 for “pilot” coun- to the coronavirus: county court at law cases over $250,000; ties established by the Office of Court • 10 Tips for Lawyer Well-Being During the jury is increased from 6 to 12 members Administration and November 9 for all COVID-19 — MCLE Credit: .5 hours. unless all of the parties agree to a jury other Texas counties. Accreditation for this course expires on composed of a lesser number of jurors. The Texas Eviction Diversion Program May 31, 2021. Yo u must complete the is supported by Gov. Greg Abbott’s com- course and report your MCLE hours Emergency Orders Issued mitment of $171 million in federal money prior to this date to receive credit. for landlords to provide an eviction Register here to watch the course for State of Texas Judicial Branch alternative. Eligibility for rental assistance free. Emergency Order 26—Issued 09/18/2020 under the program will be administered • Practicing Law in the Shadow of (effective on 10/1) by the Texas Department of Housing and COVID-19 — MCLE Credit: 1 hour. Replaces Emergency Order 22 on 10/1 Community Affairs. Accreditation for this course expires on and permits courts to modify or suspend Current emergency orders related to February, 28, 2021. Yo u must complete deadlines and procedures through 12/1; COVID-19 visit the Texas Judicial Branch the course and report your hours prior requires courts to continue to use all website: https://www.txcourts.gov/court- to this date to receive credit. Go here to reasonable efforts to hold proceedings coronavirus-information/emergency- watch the course. remotely and to follow OCA’s Guidance orders/ • Benefits and Challenges of Invoking for All Court Proceedings; prohibits Force Majeure Clauses in the Age of the Justice and Municipal Courts from hold- United States District Courts—Texas Coronavirus — MCLE Credit: 1 hour. ing an in-person jury proceeding prior to Districts Accreditation for this course expires on 12/1; permits district, county, and probate Current emergency orders related to February, 28, 2021. Yo u must complete courts to hold in-person jury trials after COVID-19, in the U.S. District Courts in the course and report your hours prior certain actions; permits courts to hold vir- Texas: to this date to receive credit. Go here to tual jury proceedings in certain cases with United States District Court for the watch the course. certain technology provided to prospective Northern District of Texas—http://www. jurors; extends the possession and access txnd.uscourts.gov/special-order-13-court- to a child provisions from previous orders; orders-and-updates-during-covid-19-pan- extends the ability for an attorney profes- demic
18 f 2020 Sustaining Member Ads Hot “Cites” Sustaining members are automatically eli- introducing the new tXPd.org gible for a free listing on the Vendor page. Sustaining members now have direct Learn important tips about the changes to our website! access via the My Account page to create and manage their free listing. side from the cos- Ametic differences, eBlast our new website has several As mentioned above, you operational differences and can only receive eBlast some great new features. It’s emails via your account important for you to note email address. Edit your these changes. My Account profile to opt in/out of eBlast participa- Logon Process tion. The My Account page replaces the MEMBERS eGroup ONLY menu. Yo u now log in Like eBlast, you can by clicking the Login to My only participate in the Account link near the top left new eGroup using of any page. Each time you your account email log in you will be directed to address. Any traffic the My Account page. It has sent to the eGroup must links to all private member to the eGroup. Changing your account originate from this email functions available for your membership email does not affect your work/home address. All traffic sent form any other profile. email addresses in your profile on our site address is automatically rejected without Members, including former members, or with the State Bar of Texas. During moderation. can log on two ways. Yo u can use the conversion to this site, the account email Unlike the old system, it’s very simple same User ID credentials used on the old address for members, including former to subscribe to the new eGroup. Edit site (your bar number) or you can use the members, was established using the work/ your My Account profile, scroll to to email address associated with your pre- home email associated with the preferred the eGroup section, and click subscribe/ ferred address (work/home) as reflected address in your profile with the State Bar unsubscribe as needed. That’s it, you’re in your profile with the State Bar of Texas. of Texas. The account email address for done! If you routinely use out-of-office Initially, your password for both methods guest members is the same as on the cur- messages, we encourage you to unsub- is the same as the old site—the lower case rent system. scribe when you’re going to be away. version of the first 5 characters of your last name, padded with zeros if less than 5 Event Registrations No Shopping Cart characters. The new system allows you to We are happy to announce that you will be The old system used a “shopping cart” to change your password to a more private able to register for certain types of events support placing orders. The was a cart value. advertised in our Calendar. If the event is icon link at the top of every page. The Guests can log in using the same email sponsored by the Paralegal Division and new site uses an entirely different method address and password used on the old site. requires a registration, you will have the for collecting payment information so no ability to register online. If there is a cost cart icon is present. Be sure you complete Account Email Address associated with the event, y ou’ll be able to the payment step before exiting a “shop- The new site now uses your account email pay when you register. ping” page else your transaction will be address as the primary means of con- lost. Yo u can’t use the browser’s back but- tact. Yo u can update it as desired. Guest Online Sales for TPJ Ad Space and Local ton to return to previous pages in a mul- members use this address as your log-on Sponsorships tistep order process. Be sure you use the user name. For members and former Yo u can now use our online sales process Previous and Next buttons to move from members, this address can be used in to purchase ad space in the Texas Paralegal page to page. lieu of your bar number as your log-on Journal. We will also begin online sales user name. It is also used when we send of opportunities to sponsor local events. myApp Retired you transaction confirmations and eBlast Because of COVID concerns, it may be a The txpd.org/myApp sub-site has been messages, and is the only address that while before we have any available spon- retired. The new site is entirely mobile can be used for member subscriptions sorships. friendly, making the myApp obsolete.
f 2020 19 20 f 2020 PROFESSIONALISMTHROUGHEDUCATION et
EXCEPTIONAL PRO BONO SERVICE AwARD
his year’s nominee is a board-certified paralegal with a solo attorney in the field of employment discrimination, al Tpersonal injury and appellate law. She has been a paralegal for more than 27 years and has worked with attorney, Jason Smith for the last 20 of them.
Susan Davis received her Bachelor of Arts degree in 1993 from Stephen F. Austin with a double major in Political Science (Pre- Law) and Criminal Justice (Paralegal Program). She is board cer- tified in Civil Trial Law by the Texas Board of Legal Specialization. ln addition to her paralegal position, Ms. Davis is also the 2020 President Elect of the Fort Worth Paralegal Association, as well as the PD Elections Sub-Chair. Ms. Davis has held numerous board positions and chair positions for both the Paralegal Division and Susan Davis, TBLS-BCP, Fort Worth, 2019–2020 Exceptional Pro the Fort Worth Paralegal Association. Ms. Davis served as the Bono Service Award Recipient PD Vendor Liaison from 2016-2020. Most importantly, she has
been a long time Pro Bono volunteer with Fort Worth Paralegal Association and Tarrant Volunteer Attorney Services (TVAS).
As a humble servant to her field, she has worked on numerous Pro Bono projects, including TVAS client intake, document prep- aration and paralegal support for the TV AS general advice clinics, TVAS/LANWT Family Law and Estate Planning Clinics.
Ms. Davis uses her legal skills, knowledge, education and experi- ence to help provide pro bono services to her community. She is a wonderful volunteer and has worked numerous Pro Bono Clinics and is always willing to help when needed.
For her substantial contributions to her community, Ms. Davis was awarded the Tarrant County Bar Foundation TVAS Pro Bono Volunteer Paralegal of the Year in 2019, as well as the Paralegal Divisions Outstanding Committee Chair in 2017. She was also nominated for FWPA’s 2019 Paralegal of the Year.
Congratulations are in order to Susan Davis, 2019-2020 Paralegal Division of the State Bar of Texas Exceptional Pro Bono Service Award Recipient.
f 2020 21
E-TAPS 2020 CLE ALL-STARS AND ANNUAL Meeting luncheon when the United States was being affected by MEETINg the virus, COVID-19. There were many unknowns and, conse- quently, many discussions about moving forward with this event by Megan Goor, TBLS-BCP, 2020 TAPS Chair that so many paralegals plan to attend every year. The Planning Committee decided to present TAPS in a two- he Texas Advanced Paralegal Seminar (“TAPS”) is the day virtual format with Annual Meeting on Friday by separate Paralegal Division’s annual CLE event held in different registration. Tmajor cities across the State. This three-day event offers up to 14 hours of CLE in various areas of law. The outgoing President TAPS included three tracks that covered five hours each of the of the Division chairs TAPS and the Planning Committee meets two days: in January before the fall event to begin work on themes, coordi- Track One-Civil Trial Litigation and Personal Injury Trial Law; nating speakers, contacting exhibitors, and on the best practices Track Two-Family Law; and Track Three-Criminal/Probate & to put in place this conference for paralegals. This year’s confer- Estate/Real Estate/Oil & Gas. Classes were held from 9:00 a.m. to ence was planned to take place in historic San Antonio at the 3:00 p.m. with a short break for lunch. Wyndham Riverwalk from September 16- 18, 2020. The Planning Committee was in full swing preparing for the two and one-half There were welcoming videos from the TAPS Chair, Paralegal days of CLE, socials on two evenings, and the keynote/Annual Division President, President-Elect, and sponsors. E-TAPS 2020
22 f 2020
was indeed an All-Star event with speakers and judges from across the State! In addition, the Division was able to reach those members who have not previously attended TAPS.
Director Eugene Alcala, Dallas
Welcome video—Captain Jack Megan
Welcome video— Frank Hinnant —Innovative Legal Solutions
After the event became virtual, the focus was on the Speaker Committee to acquire speakers from across the State. A big round of applause to the Speaker Committee: Susi Boss, Kerri Alexander-Overfelt, Alice Lineberry, Erica Anderson, Javan Director Wayne Baker, Granbury Johnson and Shannon Happney for carrying this event to the finish line! Thank you to this year’s wonderful sponsors!
TITLE SPONSOR Innovative Legal Solutions
PLATINUM SPONSORS File & ServeXpress, LLC Hollerbach & Associates, Inc. Tyler Technologies
GOLD SPONSOR Kim Tindall & Associates, LLC
SILVER SPONSOR Legal Bevy
Director Erica Anderson, Lubbock f 2020 23 Paralegal Division 2020 Annual Meeting
The Paralegal Division also held its 2020 Annual Meeting virtually Director Jan McDaniel, Midland this year. This is the second year for the Division to hold its Annual Meeting in conjunction with TAPS. There was no cost to attend the meeting, and it included the presentation, “The Future of Legal Ethics,” by speaker Paralegal Division Professional Ethics Chair, Ellen Lockwood, ACP, RP, for 1 hour of ethics credit. The Paralegal Division conducted its annual meeting business, including its awards and introduction of the 2020-2021 Paralegal Division Board of Directors. This year is a year in which so many things are unpredict- able and uncertain. Thank you to the TAPS Planning Committee, E-TAPS Speaker Committee, Sponsors, the Board of Directors of the Paralegal Division, Immediate Past President Megan Goor- Peters, President Edna Garza-Guerra, and Paralegal Division Coordinator Rhonda Brashears. This year’s conference and annual meeting were a great stride in displaying a Paralegal’s knack for finding a solution under extreme stress, with very little wiggle room for error. Thank you all for attending the conference and the Annual Meeting Calendar September 15-17, 2021, to attend TAPS and we look forward to seeing everyone in person in San Antonio.
TAPS’ Kudos! Another excellent conference!! Many thanks to all for the hard Member Andrea Clark, Dallas work to make this happen during COVID! Loved it. I especially like doing the webinar and having the sessions back to back. Great job! —Debbie Griffith
I am sure there was a lot of work involved in making the TAPS 2020 change to the Seminar. Very much appreciate TAPS members making it easy for all of us. Thank you for all your hard work! Do not know if I would be able to get used to this method of CLE updates because missing all the nice ladies and smiling faces was difficult this year. In any event, another job well done! — Mei Ling Jew, Houston Thank you all for the hard work. Excellent presentation this year. — Luisa Ulluela, Dallas
Thank you for making TAPS available to us virtually this year. I really missed seeing everyone, but at least we were able to get our CLE! — Kerri Power, CP Member Georgina Guzman, Alamo
24 f 2020 I want to commend you and the TAPS the best TAPS events I’ve attended. I know I TAPS was great thank you for all you all do. Planning Committee for pulling this event am not alone in this thought process. Please — Joan Parma, Irving off in such a dramatically different format pass along my congratulations to the entire in such a short amount of time. Technical Committee, and to Rhonda as well. glitches aside, this has to have been one of —Jay Williams, Dallas
Members, San Antonio
PD Coord. Rhonda Brashears, Lubbock
Screen Shot, Brian Wice
President Edna Garza-Guerra, McAllen
Thank You to the Spectacular TAPS Speakers!
Track 1: Civil Trial/Personal Injury* Track 2: Family Law* Track 3: Criminal/Estate Planning & Jason Bernhardt, “Force Majeure Clauses Chris K. Wrampelmeier, “Securing Probate/Real Estate/Oil & Gas* During COVID” Property at Point Blank” Alyssa McCreight, “Preparing Beneficiaries Tim Williams, “Social Media in Trial” Stephen Naylor, “It’s Not Over Until the for Their Inheritance” Slater Elza, “Identifying Criminal Issues in Paperwork is Done: Closing the File” Professor Gerry Beyer, “Case Law Update” Civil Litigation” Larry Martin, “OMG I Did Not Know Brian Wice, “Preservation of Error” Brandy Voss, “Proving and Challenging That! The Sequel” Jeremy Rosenthal, “Criminal Law 2020— Medical Expenses” Carolyn Starr, “Planning for Incapacity” What’s Hot and What’s Not” Dr. Bill Chriss, “Insurance Update, Roxie Cluck, “Enforcement Actions in Craig Adams, “Granny Had a Gun— Including Stowers and Hurricane Family Law” Firearms in Estate Administration” Claims” Bruce D. Bain, “Hot Topics/New Hon. Ken Wise, “Boxing, Borders, Beer, Cole Riddell, “Voir Dire Do’s and Don’ts Decisions” and Murder” Under Texas and Federal Law” Tammy Moon, “How to Deal with Jeff McCarn and John Byrom, “Primer on John Sloan, “Litigating a Traumatic Brain Difficult Clients” Texas Oil and Gas Law: Leasing” Injury Case” Rick Robertson and Sally Pretorius, Jessica Newill and Aaron Saxon, “Death Judy Kostura, “Liens and Subrogation in “Zoom Hearing and Mediations” and Dirt Collide: Drafting to Avoid Personal Injury Cases” Kevin Segler, “Technology: Useful Tools Litigation at the Intersection of Real Hon. Andrew Peck, “A Judge’s Tips on and Infringements on Privacy” Estate and Probate” Being an E-Discovery Rock Star” Douglas K. Fejer, “Forensic Accounting/ Michelle Putnam, “Human Trafficking” Muhammad “Mo” Aziz, “Recognizing Do’s and Don’t” Kevin Tipton, “12 Things Any Notary Product Liability Issues in Motor Should Know—Perspectives from the Vehicle Accidents” Secretary of State”
*These CLEs can be found in the Paralegal Division online library at https://txpd.inreachce.com/
25 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. Approximately26 6 Hours (2.5 Ethics) Expected f 2020 Check back in December for more complete information. ATTENTIONATTENTION LITIGATIONLITIGATION STAFFSTAFF
OVER 60 OF TEXAS’ PREMIER CIVIL-TRIAL MEDIATORS & ARBITRATORS NOW PUBLISH THEIR AVAILABLE DATES ONLINE Save HOURS of scheduling time directly at www.TexasNeutrals.orgwww.TexasNeutrals.org
This online calendaring service is entirely free, funded by the members of our Texas Chapter of the Academy. To view the National Academy’s free database of over 1000 top-rated mediators & arbitrators, simply visit www.NADN.org/directory f 2020 27 PARALEGALS GO TO Bratislava and Budapest April 16 – April 24, 2021 (Eight Days and Seven Nights)
FRI, April 16, 2021 -- Depart from the USA to WED, April 21, 2021 (Budapest) – Meet your local Vienna. guide for a sightseeing tour of Budapest where you’ll learn about the amazing 1,000-year history of SAT, April 17, 2021 (Bratislava) – Arrive in this city, split in half by the Danube River–the Buda Vienna, meet your expert Tour Manager and transfer district on one side and the Pest district on the other to the historic and lovely Bratislava, the capital city (hence the city’s name!). See Heroes’ Square, St. of Slovakia, where you’ll check-in to your hotel and Stephen’s Basilica, and the spectacular Hungarian start exploring. (D) Parliament building, then cross the famous Chain Bridge to take in wonderful views from the neo- SUN, April 18, 2021 (Bratislava) – Enjoy a walking Roman Fisherman’s Bastion, and enjoy entrance to tour with your Tour Manager this morning exploring Matthias Church. The afternoon is free to perhaps the pedestrian-friendly medieval and Gothic old visit the Great Market Hall or reflect on the atrocities town nestled along the river. You’ll have the balance of the fascist and communist regimes at the powerful of the day to continue exploring on your own! (B) House of Terror museum. (B)
MON, April 19, 2021 (Bratislava) – Today you’ll THU, April 22, 2021 (Budapest) – This morning enjoy an excursion to Eisenstadt, Austria, capital of enjoy an excursion to Gödöllo Royal Palace, an Burgenland. Your guide will take you on a walking imperial and royal palace completed in the 1760s tour which includes entrance to the grand Esterhazy and known for being a favorite of Queen Elisabeth Palace where you’ll discover its treasures and of Hungary (or more commonly known as Sissi). beautiful gardens. Lunch will be included today, and Farewell dinner this evening. (B,D) then you’ll enjoy some free time before returning to Bratislava. (B,L) FRI, April 23, 2021 (Budapest) – Today you’ll enjoy an excursion outside of the capital where TUE, April 20, 2021 (Budapest) – Depart Slovakia you’ll experience small-town Hungary with visits to this morning and continue your journey to Hungary. a couple of picturesque towns that may include Eger, Today’s destination is Budapest, also known as the Esztergom, Szentendre, and/or Szeged. Be on the Pearl of the Danube. This evening enjoy a cruise on lookout for castles, basilicas and lovely Baroque the Danube. (B,D) buildings. (B)
SAT, April 24, 2021 - Depart for the USA. (B)
FEE28 WITH AIR INCLUDED: Fee is based on registration by December 1, 2020. f 2020
Fees: Departing DFW – $4,829; Houston $4,889; Austin/San Antonio - $4,909; Amarillo/Midland - $4,969 (includes program fee). Note: Registrations after August 1 may include additional fuel surcharges that are finalized 45 days prior to departure; an invoice will be sent at that time if there are any increases. Other departure cities available upon request. Fees based on 20 persons and includes airfare, hotel, transportation, tours, and meals as indicated above.
Additional/Optional fees: Single room supplement: $665; Ultimate Protection Plan: $270; Comprehensive Protection Plan: $225; If the Ultimate or Comprehensive Plan is purchased there is a surcharge for guests ages 66+: $100
LAND ONLY FEE: (if you wish to make your own air travel arrangements): $3,409
PARALEGALS GO TO Bratislava and Budapest April 16 – April 24, 2021 (Eight Days and Seven Nights)
FRI, April 16, 2021 -- Depart from the USA to WED, April 21, 2021 (Budapest) – Meet your local Vienna. guide for a sightseeing tour of Budapest where you’ll learn about the amazing 1,000-year history of SAT, April 17, 2021 (Bratislava) – Arrive in this city, split in half by the Danube River–the Buda Vienna, meet your expert Tour Manager and transfer district on one side and the Pest district on the other to the historic and lovely Bratislava, the capital city (hence the city’s name!). See Heroes’ Square, St. of Slovakia, where you’ll check-in to your hotel and Stephen’s Basilica, and the spectacular Hungarian start exploring. (D) Parliament building, then cross the famous Chain Bridge to take in wonderful views from the neo- SUN, April 18, 2021 (Bratislava) – Enjoy a walking Roman Fisherman’s Bastion, and enjoy entrance to tour with your Tour Manager this morning exploring Matthias Church. The afternoon is free to perhaps the pedestrian-friendly medieval and Gothic old visit the Great Market Hall or reflect on the atrocities town nestled along the river. You’ll have the balance of the fascist and communist regimes at the powerful of the day to continue exploring on your own! (B) House of Terror museum. (B)
MON, April 19, 2021 (Bratislava) – Today you’ll THU, April 22, 2021 (Budapest) – This morning enjoy an excursion to Eisenstadt, Austria, capital of enjoy an excursion to Gödöllo Royal Palace, an Burgenland. Your guide will take you on a walking imperial and royal palace completed in the 1760s tour which includes entrance to the grand Esterhazy and known for being a favorite of Queen Elisabeth Palace where you’ll discover its treasures and of Hungary (or more commonly known as Sissi). beautiful gardens. Lunch will be included today, and Farewell dinner this evening. (B,D) then you’ll enjoy some free time before returning to Bratislava. (B,L) FRI, April 23, 2021 (Budapest) – Today you’ll enjoy an excursion outside of the capital where TUE, April 20, 2021 (Budapest) – Depart Slovakia you’ll experience small-town Hungary with visits to this morning and continue your journey to Hungary. a couple of picturesque towns that may include Eger, Today’s destination is Budapest, also known as the Esztergom, Szentendre, and/or Szeged. Be on the Pearl of the Danube. This evening enjoy a cruise on lookout for castles, basilicas and lovely Baroque the Danube. (B,D) buildings. (B)
SAT, April 24, 2021 - Depart for the USA. (B)
FEE WITH AIR INCLUDED: Fee is based on registration by December 1, 2020. PARALEGALS GO TO Fees: Departing DFW – $4,829; Houston $4,889; Austin/San Antonio - $4,909; Amarillo/Midland - $4,969 Bratislava and Budapest (includes program fee). Note: Registrations after August 1 may include additional fuel surcharges that are April 16 – April 24, 2021 finalized 45 days prior to departure; an invoice will be sent at that time if there are any increases. Other departure (Eight Days and Seven Nights) cities available upon request. Fees based on 20 persons and includes airfare, hotel, transportation, tours, and meals as indicated above.
Additional/Optional fees: Single room supplement: $665; Ultimate Protection Plan: $270; Comprehensive FRI, April 16, 2021 -- Depart from the USA to WED, April 21, 2021 (Budapest) – Meet your local Protection Plan: $225; If the Ultimate or Comprehensive Plan is purchased there is a surcharge for guests ages Vienna. guide for a sightseeing tour of Budapest where 66+: $100 you’ll learn about the amazing 1,000-year history of SAT, April 17, 2021 (Bratislava) – Arrive in this city, split in half by the Danube River–the Buda LAND ONLY FEE: (if you wish to make your own air travel arrangements): $3,409 Vienna, meet your expert Tour Manager and transfer district on one side and the Pest district on the other to the historic and lovely Bratislava, the capital city (hence the city’s name!). See Heroes’ Square, St. of Slovakia, where you’ll check-in to your hotel and Stephen’s Basilica, and the spectacular Hungarian PAYMENT SCHEDULE: Deadline for registration is December 1, 2020; Initial non-refundable deposit is start exploring. (D) Parliament building, then cross the famous Chain $200; secondPAYMENT payment SCHEDULE of $1,000: Deadline is due for October registration 1, 20 is20 December; third payment 1, 2020; Initialof $1,000 non-refundable is due on deposit November is 1, 2020, Bridge to take in wonderful views from the neo- with balance$200; second due on payment December of $1,000 1, 2020is due. October Non-payment 1, 2020; third of paymentrequired of $on1,000-time is due monthly on November payments 1, 2020 ,will result in SUN, April 18, 2021 (Bratislava) – Enjoy a walking Roman Fisherman’s Bastion, and enjoy entrance to trip cancellation.with balance due on December 1, 2020. Non-payment of required on-time monthly payments will result in tour with your Tour Manager this morning exploring Matthias Church. The afternoon is free to perhaps trip cancellation. MAKE IT EASY ON YOURSELF! SIGN UP FOR AUTO PAYMENTS: Automatic Payments plan the pedestrian-friendly medieval and Gothic old visit the Great Market Hall or reflect on the atrocities MAKE IT EASY ON YOURSELF! SIGN UP FOR AUTO PAYMENTS: Automatic Payments plan town nestled along the river. You’ll have the balance of the fascist and communist regimes at the powerful available.available. Automatic Automatic Payments Payments makes makes planningplanning your your trip trip budget budget easy because easy because your payments your arepayments spread are spread of the day to continue exploring on your own! (B) House of Terror museum. (B) out evenly,out evenly, giving giving you you more more time time to to pay. You You choose choose a payment a payment frequency frequency (every 2 (everyweeks, every 2 weeks, 4 weeks, every 4 weeks, monthly,monthly, or quarterly) or quarterly) and and your your paymentspayments are are automatically automatically deducted deducted from your from checking your orchecking savings or savings account.account. Travelers Travelers who who use use autopay autopay will be be given given a $50 a $50 discount. discount. Automatic Automatic Payments Payments are available are for available for MON, April 19, 2021 (Bratislava) – Today you’ll THU, April 22, 2021 (Budapest) – This morning all registered participants in "My Account:" at www.acis.com/accounts. enjoy an excursion to Eisenstadt, Austria, capital of enjoy an excursion to Gödöllo Royal Palace, an all registered participants in "My Account:" at www.acis.com/accounts. Burgenland. Your guide will take you on a walking imperial and royal palace completed in the 1760s EXTENSION: To extend stay at the end of the trip, an Alternate Request Form must be completed (found at tour which includes entrance to the grand Esterhazy and known for being a favorite of Queen Elisabeth EXTENSIONhttps://www.acis.com/cmsfiles/file/Alt_Return_Form.pdf: To extend stay at the end of the trip, )an and Alternate returned to Request ACIS at leastForm 90 must days priorbe completed to your (found at Palace where you’ll discover its treasures and of Hungary (or more commonly known as Sissi). https://www.acis.com/cmsfiles/file/Alt_Return_Form.pdftrip’s departure. There will be an additional fee of $175 for) thisand extension, returned plus to ACISany additional at least airline 90 days ticket prior to your trip’s departurcosts. e. There will be an additional fee of $175 for this extension, plus any additional airline ticket beautiful gardens. Lunch will be included today, and Farewell dinner this evening. (B,D) then you’ll enjoy some free time before returning to costs. REGISTER at http://www.acis.com/register choose Participant from the drop-down menu and sign in using: Bratislava. (B,L) FRI, April 23, 2021 (Budapest) – Today you’ll Group Leader ID: 46775- Group Leader's Last Name: Brashears - Click on the appropriate circle for your enjoy an excursion outside of the capital where REGISTERdeparture at city http://www.acis.com/register for the "Bratislava/Budapest Trip choose" trip andParticipant fill in your information.from the drop-down menu and sign in using: Group Leader ID: 46775- Group Leader's Last Name: Brashears - Click on the appropriate circle for your TUE, April 20, 2021 (Budapest) – Depart Slovakia you’ll experience small-town Hungary with visits to this morning and continue your journey to Hungary. a couple of picturesque towns that may include Eger, departure city for the "Bratislava/Budapest Trip" trip and fill in your information. Today’s destination is Budapest, also known as the Esztergom, Szentendre, and/or Szeged. Be on the Pearl of the Danube. This evening enjoy a cruise on lookout for castles, basilicas and lovely Baroque the Danube. (B,D) buildings. (B)
SAT, April 24, 2021 - Depart for the USA. (B)
FEE WITH AIR INCLUDED: Fee is based on registration by December 1, 2020. f 2020 29
Fees: Departing DFW – $4,829; Houston $4,889; Austin/San Antonio - $4,909; Amarillo/Midland - $4,969 (includes program fee). Note: Registrations after August 1 may include additional fuel surcharges that are finalized 45 days prior to departure; an invoice will be sent at that time if there are any increases. Other departure cities available upon request. Fees based on 20 persons and includes airfare, hotel, transportation, tours, and meals as indicated above.
Additional/Optional fees: Single room supplement: $665; Ultimate Protection Plan: $270; Comprehensive Protection Plan: $225; If the Ultimate or Comprehensive Plan is purchased there is a surcharge for guests ages 66+: $100
LAND ONLY FEE: (if you wish to make your own air travel arrangements): $3,409
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
30 f 2020 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
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