e-KLAS is the On-line Version

of the Kansas Paralegal Association Newsletter

Spring 2001 Issue

INDEX

President’s Desk:  Jan Totero

Editor’s Column:  What’s new, what’s hot.

Law Day Web Site Announcement

Pro Bono Committee Report: Sheila Lafferty (D-II), Cheryl Pittman-McIntosh (D-III)

Education Report:  Beth Remington and Tara Schuck

District Reports:  KPA has three districts in Kansas: District I-Wichita, District II-Topeka, and District III-Kansas City

Calendar:  Upcoming events and luncheons

Board Meeting Summary
Special Meeting Held January 13, 2001

Perspectives:  Articles written by KPA members and board members on a variety of interesting topics.
Glenda Van Syoc, District II Director
Julee Manahan, District III Director
Machelle Scogin, KBA Legal Assistant Committee

Bulletin Board:  Announcements for members in the know.

National News:  Inside NFPA, Issues of interest to paralegals across the US.

Membership numbers - 2000-2001 To Date

  It is with great pride that I enlighten you on the sensational news about Connie Beckett, KPA Publications Director. She was contacted by Corporation Service Company representatives to be a presenter at one of their upcoming workshops this month to speak on Federal Securities Law.  They read Connie’s article that was published in the Winter 2000 National Paralegal Reporter, (Volume 25, Number 2) and were very impressed. Corporation Service Company is located in Delaware and sponsors paralegal seminars nationwide.  You may have received a brochure on their Mergers and Acquisitions seminar held last year in San Francisco.  We are all very proud of Connie for her extremely well-written and informative article, and for her upcoming speaking engagement. Connie, Congratulations on a job well done and best wishes on your forthcoming endeavor!

It is with great regret that I inform you that Debra J. Cason, Vice-President of Membership and Jeanne R. Robinson, Pro Bono Committee Chair have submitted their resignations.  We thank them for the time and effort they have given KPA over the years, and hope they know that we appreciate what they have done for KPA.  You are both great members and we will miss you on the Board..

KPA is lucky to have such dedicated members as Sue Macfee, CLA, Sheila Lafferty, RP, and Cheryl Pittman-McIntosh.  Sue, a District II member currently holding the KPA Board position of Parliamentarian, has graciously agreed to take over the duties of VP Membership. Although she will not assume the title, she has volunteered to perform the duties for the remainder of the 2000-2001 term, or until Debra’s successor is appointed.  Sue has held many KPA Board positions, including VP Membership from 1997-2000, Publications Director 1995-1996, President 1994-1995, Secretary 1993-1994, and District Director 1992-1993.

Sheila, also from District II and currently serving on the Board as the Topeka Liaison - Pro Bono Committee, extended an offer to step into the position of Pro Bono Committee Chair.  Sheila’s past KPA positions include NFPA Secondary Representative 1999-2000, President 1998-1999, NFPA Delegate 1998, KBA Legal Assistant Committee Representative 1997-1998, Treasurer 1995-1997, Co-Chair of Mini-Seminars for District II, District Chair for Job Registry, KPA Mentor Program-Washburn University Legal Assistants, and District Director 1991-1993.  Sheila served on the PACE Committee of the National Federation of Paralegal Associations from 1998-2000.

Cheryl, a District III Member, accepted our invitation to join the Board this term as D-III Liaison - Pro Bono Committee.  Cheryl is also not new to active roles in KPA. She served as President-Elect in 1998-1999, District III Co-Director and Advisory Council Member from 1996-1998.  Thank you ladies for your dedication and continued commitment to KPA.

KPA has many projects in the works.  One is the presentation of a full-day PACE study seminar.  We are very excited about this project and hope that the members find that it assists them in their PACE exam studies. We have wonderful speakers lined up and many materials and handouts for the registrants.  (See the detailed information later in this newsletter.) Earning 9 points toward the New Members Recruitment and Participation Program for passing the PACE exam is an added reward!

We have the ability to open doors and change lives.  The question is:  Can we help build a strong foundation and structure for families in need, or will it be crumpled up and thrown to the wind?  The choice is ours.  To help build that foundation, Cheryl Pittman-McIntosh, D-III Liaison–Pro Bono Committee is organizing the Second Free Law Clinic Day in March with Kansas Legal Services.  We have invited members of the Kansas Association for Legal Assistants (KALA), who have shown an interest in this event, to join us.  We are excited about working together with another Kansas professional association in this area.  We are looking for paralegals and attorneys willing to participate in this very important Pro Bono project.  If you are interested in participating, or know of an attorney who might be interested, please speak with Cheryl at a District 3 luncheon, or sign up at a designated luncheon in your district.  If your specialty is domestic law, we could really use your assistance. Additionally, Kansas Legal Services has made arrangements for participating attorneys to earn pro bono credits for their participation.  More information will be provided after the details are finalized.  Although the event will be held in District III, we welcome participation from members of all KPA districts.  These events are truly an experience of a lifetime and a wonderful opportunity to offer services to residents of the community who are in need of legal assistance, but who could not otherwise afford such assistance.  Additionally, this is a great opportunity to meet and network with other legal professionals. Contact Cheryl, or your local District Director, and share your interest now! You can also contact Cheryl via email at cheryl.pittman@jocoks.com.  You may not think that your individual contribution can make a difference; but believe me, it can!

Another project we are working on is the selection and sale of long-sleeved denim and short-sleeved golf-style shirts embroidered with the KPA logo.  These shirts are beautiful and we hope that our members find the variety of colors and styles match their tastes. The District Directors will have order forms available at the district luncheon meetings and KPA will soon post the order forms on our website.  Additionally, thanks to the efforts of Machelle Scogin, KBA Legal Assistant Committee, KPA is now selling beautiful green and gold “travel mugs” for the low sale price of $5 each.  Your District Directors have a stock of 14-oz. travel mugs available for purchase.

The Member Recruitment Committee: Sue Macfee, Holly Manlove, Traci Girrens, Stephanie Struve, Beth Remington, and Kimberly Brown, are sending informational packets to students enrolled in various paralegal programs as an incentive to join KPA.  The packets include recent newsletters on the state and district levels, an issue of the National Paralegal Reporter, brochures on Pro Bono issues, Statements of Issues Effecting the Paralegal Profession, Conflicts of Interest, and many more.  Additionally, these packets include a coupon for a 20% discount toward a student membership fee.   The Board of Directors at the December board meeting approved the discount.  Our organization has much to offer paralegal/legal assistant students, including the job registry, contact with numerous employment placement services, information on areas of law which can assist students when they make decisions on their employment area, and the invaluable asset of networking with experienced paralegals. KPA strives to offer students guidance and assistance in their endeavors--they are the future of this profession.  If you have an idea for a project  KPA can offer to students, please contact Beth Remington, Education Director, Tara Schuck, District III Liaison - Education Committee, or your District Directors with your idea.  We are always interested in ways to serve students contemplating entering our profession.  The biggest KPA event is coming up in the near future.  The 2001 Annual Meeting and Seminar has something to offer everyone.  Jennifer Keller, President-Elect, has coordinated 20 different workshop topics!  We will have four sessions, with five choices each!  KPA is extremely fortunate to have the top-rated speakers who will be participating in this educational event.  We also anticipate that top-notch businesses will join us as vendors and sponsors of this event, and they greatly contribute to the success of the Annual Meeting and Seminar.  Not only will you acquire knowledge in various areas of law and practical skills that you can use every day, you will have the opportunity to network with educators, students, KPA members from across the State of Kansas and Western Missouri, and other legal professionals.  Your participation benefits you, your Association and your profession.  Be sure to mark your calendars for Friday, June 22.  You don’t want to miss this one!!!

Interested in taking a more active role in KPA?  Elections are just around the corner, and I encourage you to submit your name for consideration for a Board position.  There will be several open positions on the Board of Directors, as well as various committee positions.  Being active on the Board, you unquestionably get something out of what you put in.  Included in the many benefits are the opportunity to grow professionally and personally, and to develop a broader network of legal contacts.  The KPA Board positions are a one-year commitment.  Consider running for one of the many positions KPA has to offer.  It’s not just another notch on your resume, it is a truly wonderful experience that you will not forget. Don’t be shy, get your name to Holly Manlove, Secretary or your local District Director now.
 
 

  The long cold winter hasn’t dampened KPA members’ enthusiasm.  In fact, we have several new projects starting: A Law Day Website announced by President-Elect Jennifer Keller and a PACE study workshop scheduled for March 24.  A thank you to District I Director Traci Girrens for developing a member recruitment and participation program.  Information about the program can be found in the Bulletin Board section or from your district director.
This issue also announces the time and place for the 2001 Annual Meeting and Seminar.  Three great articles by Glenda Van Syoc, Julee Manahan and Machelle Scogin round out the newsletter.

An important goal the Board is working on this year  for KPA is participation in a project for “Law Day.”  For 41 years, the American Bar Association has sponsored Law Day programs on Law Day, May 1.  The Young Lawyers Division of the ABA has expanded the celebration to a weeklong community event designed to promote legal education and service to the public.  The Citizenship Education and National Community Law Week Committee of the ABA Young Lawyers Division assists affiliates in developing Law Week programs that educate people in the community about the law, including individual legal rights and responsibilities, and by providing pro bono legal service to the public.

KPA is developing a Law Day project which will involve a large number of members, have a positive impact on Kansas youth, result in positive public relations for KPA, and will continue annually.   I am very pleased to report that the KPA Board is working with Ron Keefover, Education and Information Officer of the Office of Judicial Administration, to establish a web site dedicated to providing Kansas students  (middle school and high school age) with a youth-oriented source of information about the law, legal profession, and citizenship.  Ron has agreed to provide technical support and funding, using funds granted by federal programs for youth law-related education. Our annual Law Day event will center on the promotion of the web site to educators and students. Our goal is to develop a site that educators will want to incorporate into their civics education lesson plans. I am chairperson of the new standing committee to coordinate this project.  For Law Day 2001, our focus is to announce and publicize plans for the web site to educators throughout Kansas. We will solicit input from teachers in order to involve them in the design process, and build a tool they will want to use with students.

I am looking for volunteers -- those who are interested in helping provide the vision to bring this idea into reality, as well as those who want to participate on a limited basis to help with presentations or mailings.  This is a very valuable opportunity for KPA and the success of this project will depend on the participation and coordination of many talented individuals working together toward a common goal.  If you have any of the following talents or interests, this is a committee you will definitely enjoy!

 Please contact me by email at jennifer.keller@payless.com or by fax at 785-295-6084 if you are interested in volunteering to help with this project.  Please provide your name, contact information and a brief description of your interest in the project and the kind of volunteer assistance you are offering.

• A Cookie Walk fundraiser was held in December, but they need ongoing cookie donations.
• Meal preparation once a month for families staying there.  Nights available are Tuesday or Wednesday.  We will need to decide on a menu, check with the house to see what items are available and then purchase the items not available.   Or we could follow District III’s idea of providing a potluck meal.
• An annual Spring cleaning to be done in late April or early May.
• A pop can tab collection.  The tabs are then recycled with the money going to the Topeka Ronald McDonald house.

I would like input from members on the direction you would like to see District II go with pro bono.  Please call me at 785-233-2015 or e-mail me at slafferty@e3mil.com if you would like to volunteer. Thanks for your input and I look forward to hearing from you.
 
 

Anita Tebbe, JCCC Director, has asked me to organize panels for Monday May 7 and Thursday May 10.  Both will start at 6:00 p.m. at the JCCC.  The classes are fairly small with 10-12 students and  she has requested just two speakers each.   I plan to do one panel but am asking for member volunteers to assist.  Please call Tara at 913-333-1000 if you is interested in speaking at either of the panels.  Tara L. Schuck, KPA Education Liaison for District III
 
 

DISTRICT I:   Annette Gurney from the United States Attorney’s Office in Wichita spoke to members at the January luncheon.  She talked about the different types of cases they handle, how the paralegals are utilized, and told the members some “war stories” about cases in which she had been involved.

Interested District I members were asked to contact Traci or Stephanie to form a committee to begin drafting a Thank You letter to our employers for allowing their KPA member employees to participate in KPA.  Member volunteers are in the process of recruiting speakers for the February luncheon.  We are happy to report District I is still having a tremendous attendance at the monthly luncheons. Traci Girrens and Stephanie Struve, District I Co-Directors

DISTRICT II     District II had a “working luncheon” in January.  Shelia Lafferty discussed pro bono activities with the attendees.  Also discussed were membership retention and ways to increase membership.  District II did not hold a February luncheon.  Instead, they co-sponsored a mini seminar on February 23 with Washburn’s University Legal Assistant Society.  Glenda Van Syoc and Joyce Lange,  District II Directors

DISTRICT III   The advisory council experienced some changes in the last couple of months.  Three members have resigned and one new member has agreed to participate. With the reduced number of members on the Advisory Council, we are preparing to do what needs to be done for the remainder of the year to be a success.  Beginning in January, we will be holding monthly luncheons.  Congressman Dennis Moore spoke at the January luncheon and we had the largest turnout in many months.  Achieve! Personnel sponsored the January luncheon and donated a gift certificate to the Plaza merchants as a door prize.

In February, Jill Kanatzer spoke about aviation law and wrongful death cases in airplane crashes.  XACT Duplicating Services, Inc. sponsored the February luncheon and donated a gift certificate to Town Center Plaza merchants.  We thank both sponsors for their continuing support of KPA.  We held the luncheon at a new location and our turnout was smaller than January, but the food was good.  We have speakers lined up for the next four months, and have made decisions on the menu for the next two months.

Our March speaker will be Brian Porch from the District Attorney’s Victims Assistance Program for Johnson County.  He will speak about how his office works with victims and how his paralegal education has helped in his job.

We implemented the points program for new member recruitment and member participation with the January meeting.  We obtained one new member, and several guests attended the January and February meetings.

Tyler Garretson and Nancie Fargo from the District Attorney’s Consumer Fraud division will present a mini-seminar on Consumer Fraud on April 27.  The mini-seminar will be held at the Central Resource Library at 87th and Farley streets. Julee Manahan & Kimberly Brown,  District III Directors
 
 

District I luncheons are held in Wichita at the Wichita Bar Association, on the second Thursday of the month.

District II luncheons are held in Topeka on the third Thursday of the month at the Top of the Tower Restaurant.

District III luncheons are normally held the third Thursday of the month.  The March luncheon will be held on the fourth Thursday.  Locations will be announced.

KPA’s 2001 Annual Meeting and Seminar will be held June 22 at the Holiday Inn, 101 W. 151st Street, Olathe, Kan.
 
 

Kansas Paralegal Association
Special Meeting of the Board of Directors
Telephone Conference Call
Held January 13, 2001

A special meeting of the Board of Directors of the Kansas Paralegal Association was held on January 13, 2001, via conference call.  Members present were Jan Totero, Jennifer Keller, Holly Manlove, Traci Girrens, Stephanie Struve, Glenda Van Syoc, Julee Manahan, Brenda Kramer, Machelle Scogin, Sue Macfee and Sheila Lafferty.  Traci Girrens held the proxy for Beth Remington.  Glenda Van Syoc held the proxy for Connie Beckett and Joyce Lange.  Julee Manahan held the proxy for Kimberly Brown.

Old Business
Jan called the meeting to order.  She announced that Debra Cason had resigned her position as Vice-President Membership.  Sue Macfee volunteered to take over the responsibilities without assuming the title.  Jan also announced that Jeanne Robinson resigned her position as Pro Bono Committee Chairperson.

New Business
The Board discussed the proposals for travel mugs.  A suggestion was made to give the mugs to students in their graduation packets and to the attendees at the upcoming District I seminar.  The Board also decided to have the mugs available for KPA members to purchase. Discussion continued regarding the quantity, color and size to order.  Motion was made to purchase 500 14-ounce travel mugs, green with gold imprinting, from CS&S at $2.25 per mug, to be allocated to each district to distribute in the graduation packets and to be made available for KPA members to purchase; motion passed.  Machelle volunteered to place the order for the mugs.

The next topic discussed was the suggestion to order an additional quantity of pens with the KPA logo to be distributed to students and seminar attendees.  Jan volunteered to call her contact for cost information.  Motion was made for Jan to move forward in ordering the pens; motion passed. The board then discussed the Law Day proposal.  Jennifer informed the Board that she is proposing that we form a standing committee to develop and maintain a web site for educating Kansas children about various aspects of the law.  The web site will take time to get started.  After it is initiated, KPA will be responsible for keeping the web site updated, which will require a few hours per week.  The technical aspect of the web site, such as design, will be handled under the guidance of Ron Keefover, Education and Information Officer of the Office of Judicial Administration.  Jennifer suggested that we promote the web site during the Law Day activities by visiting schools in our communities, issuing press releases and sending information to school administrators.  Questions were raised regarding continuation of the web site from year to year.  Suggestions were made to develop a campaign to promote the web site on a yearly basis, to update the web site monthly and to have a Citizen of the Month feature, which would allow children to write and give reasons why they should be Citizen of the Month.  The children would then be featured on the web site for the month.   Motion was made to form a standing committee to move forward with Kansas Kids Law Education as our Law Day project; motion passed. Jennifer will chair the standing committee.  Brenda Kramer and Traci Girrens volunteered to participate on the committee.  Jennifer will write an article about the project for the next issue of KLAS Action.

Closing Business
The next meeting will be Saturday, February 10, 2001.  Board members will be notified of the location because of the decision to hold an in-person meeting in lieu of a conference call.

Upon motion duly made and seconded, the meeting was adjourned.

By Holly Manlove, Secretary
 
 

Several weeks ago a tragedy occurred. A tragedy for the Oklahoma State University basketball program and a tragedy for the families of ten people who lost their lives in an airplane crash.  I began thinking about that tragedy; thinking how unexpected it was, thinking of each family's loss, and wondering about the legal issues those families must now face.

In our profession, we are constantly taking care of others, helping them in times of trouble, and trying to make their lives run as smoothly as possible.  While it is our responsibility to take care of our clients, we must not, however, forget to take care of ourselves.   Who knows when an unexpected tragedy will happen and it will be our family who is forced to deal with this loss?

Take a look at your estate. Think of your significant other.  Would they be forced to make very difficult medical decisions if you were unable to make those decisions for yourself?  If you have children, what would happen to them should you become involved in an accident and are killed?   Do you have a plan in place to take care of the ones you leave behind?  Hopefully you do, but if not, there are steps that can be taken. Several estate-planning tools are available for use in planning for the future.  These include a last will and testament, a revocable living trust, a durable power of attorney, a health care power of attorney, and a living will.

 The last will and testament is a document that becomes effective only upon the death of the testator or testatrix.  Some of the things that can be accomplished in a last will and testament include:

1. Appointing the person who will handle the affairs of the deceased;
2. Designating the person who will serve as a guardian and conservator of any minor children;
3. Directing that specific gifts of real and personal property be given to certain individuals;
4. Directing how the rest -- residue and remainder of the estate -- should be disposed of; and
5. Establishing a testamentary trust, which will administer the share of a minor child until the child attains the age of majority or a later date specified by the trust.

Unlike a last will and testament, a revocable living trust is a document that is in effect both during the lifetime and after the death of the person making the trust.  Some of the same decisions and/or directions that would be contained in a last will and testament can also be included in a revocable living trust.  For example, designating a person to administer the trust estate upon the death of the person making the trust, directing that specific gifts of real and personal property be given to certain individuals, and administering the share of a minor child until such time as the person who made the trust believes that the child will be capable of handling his/her share of the estate.

A durable power of attorney is a document in which you empower someone to transact business and to make certain decisions on your behalf when you are not able to make those decisions for yourself.  A durable power of attorney terminates upon the death of the person who made the durable power of attorney, but it is not affected by the maker’s subsequent disability or mental incapacity.

A health care power of attorney is a document that empowers someone to make medical decisions on your behalf in the event you are in no condition to make those decisions yourself.  These decisions include the ability to make arrangements at any hospital, hospice, or nursing home for your care, to employ health care professionals on your behalf, and to make any other decisions with regard to your medical care.

A living will, or declaration, is a document in which you make a decision that no extraordinary measures shall be taken to prolong your life once it has been determined by doctors that your death will occur whether life sustaining procedures are taken or not.  It also authorizes the administering of whatever care is needed in order to make the patient comfortable until his/her death.

You can also help your family by putting together information with regard to your estate so they will know what assets you have and who your advisers are.   Make a list of the names, addresses, and telephone numbers of your attorney, accountant, stockbroker, financial planner, employer, and insurance agent--anyone who would have knowledge about your assets and who could be of assistance to your loved ones.  Next, make a list of your assets; stating specifically the location of the asset (i.e., the stock certificate for the 350 shares of XYZ, Inc. is located in the safety deposit box at Hometown Bank).  Itemize any insurance you may have, stating the name of the insurance company, the policy number, and the location of the policy.

These are just a few of the tools available to help us plan our estates.  Take a minute and look at your estate.  What if you had been involved in that tragic airplane crash? Would you leave this world knowing that your loved ones will be taken care of?  If you cannot say, with assurance, that your loved ones will be taken care as you would wish, contact an estate planning lawyer who will assist you in setting a plan in motion.  It is hard enough dealing with the emotional loss of a loved one.  Don't make it harder on your loved ones by making them deal with issues that you could have taken care of yourself.

Glenda is currently a paralegal with the Security Benefit Group of Companies in Topeka.  Prior to that, she was a paralegal with the Topeka firm of Sloan, Listrom, Eisenbarth Sloan and Glassman, LLC.
 

Municipal Bonds
By Julee Manahan, District III Director

When I began to work as a paralegal in the bond department of McDowell, Rice, Smith and Gaar, I knew what a bond was; it paid interest, had a maturity date and someone issued it.  What I didn’t know then was the time and effort that goes into issuing the bond.  I’ve now learned that there are many participants to a bond deal; a municipal or governmental entity who issues the bonds and whose authority to do so comes from various Kansas statutes; there is a lender who makes the loan, a trustee who will represent the interests of the issuer (municipality or governmental entity), an underwriter who will buy the bonds and may then resell them, and various attorneys who represent the interests of the participants.  Over the last six months, I’ve been involved in bond deals which provided funds for a recreation complex, a utility company to construct a new administration center to meet the increased demands for its services, various county construction projects, multifamily housing projects, refinanced multifamily housing projects to lower the interest rate and school district expansions.  Each deal was unique in its structure and finance, but constant through each deal is the role the paralegal plays.

A paralegal’s primary role in a municipal finance practice is organization.  It also includes extensive proofreading of documents, editing of the information, contacting various participants in the deal and document management.

If the deal is based, in part, on previous proceedings, a prior transcript of proceedings may become a very important guide for the paralegal to use in obtaining the documents needed to finalize the current deal.  Many deals use documents previously prepared, so in order for those documents to apply to the current situation, they must be edited for basic information.  A critical function of the paralegal is to insure that the documents contain all of the correct references such as dates, names of the entities involved, dollar amounts and other critical pieces of information.   Mistakes in bond documents could prove decisive, if challenged, and would certainly have a negative impact upon the deal.  The attorney relies upon the paralegal to insure there are no factual errors in the documents. Of primary importance in McDowell, Rice’s practice is the concept of “a second set of eyes.”  At least two people, typically the paralegal and the attorney, will review each document.

Organization of the bond documents to create a “paper trail” of the deal finalizes with a transcript.  The paralegal’s role in preparation of the transcript begins as soon as the attorney learns the basic structure of the deal.  Based on the type of bond deal, there may be as few as 20 or 30 documents for the paralegal to organize or there may be over 100. There are different types of documents that belong in the transcript which relate to the various participants in a deal.  Since a municipality or governmental entity is involved, there are legal decisions made by the governing body that must be adopted in order to begin the bond issue.  Typically, a resolution is adopted, it is published in the official newspaper and a public hearing is held.  At the public hearing, a discussion is held about the impact of the proposed project.  If the public hearing is favorable, an ordinance is adopted for the municipality or governmental entity to authorize the issuance of the bonds.  These public proceedings become part of the record of the transcript and it is the paralegal’s responsibility to see that the appropriate signatures on the resolutions/ordinances are obtained.  Copies of the minutes of the proceedings are also included in the transcript, and it is the responsibility of the paralegal to obtain those documents, so the paralegal must develop a working relationship with the issuer.

Since there is a party who applied to the municipality or government to issue the bonds for a specific purpose, there must be documentation included in the transcript that describes this party, known as the borrower. Articles of Incorporation, By-laws and Certificates of Good Standing from the state in which the entity is incorporated must be obtained from every entity involved as the borrower and they are included in the transcript.  The borrower must also sign documents involving title of the property or project to insure that if the borrower defaults, the issuer is covered.

If real estate is involved, various real estate documents may be required such as a survey, deed, environmental study and releases if the real estate was involved in any prior bond deal. Typically, these are included in the transcript or a reference is made to the documents and the documents remain in the care, custody and control of the trustee.  Documents such as a note and a lease are always a part of a municipal bond deal in order to insure that the issuer will have an interest in the property should the borrower default in repayment of the bond proceeds.

Each of the entities involved in the deal must sign numerous documents to finalize the issuance of the bonds. The paralegal is responsible for preparing all of the signature pages and sending them to the appropriate signer.  Once they are received back, the paralegal then must review them for correctness, make sure they are sealed where appropriate, notarized in the correct places and, above all, make sure the correct person signed them.  Without all of the signatures, the deal cannot be closed.

The paralegal also prepares the bonds to be sent to a depository for safekeeping.  In our practice, only one copy of each bond is prepared and sent.  Each bond must be printed on “bond paper” and contain specific information such as a reference number, owner, maturity and value.  The preparation of the bonds is called “blue-backing” and is a tedious task in which everyone wants to participate.  The bond must be authenticated by the trustee, and is then considered “live” or negotiable.

When a deal prepares to close, the paralegal organizes all of the documents on a large table that McDowell, Rice calls “setting up the table.”  This gives the attorney and paralegal a chance to review each document and to annotate exactly what is still needed in order to finalize all of the documents.  During a typical pre-close, the various participants all come to the bond counsel office to review the documents and to make any final comments or request any final edits.  There may be one or two people who attend or 20 or 30, depending on the type of deal.  Needless to say, it can get very confusing and it is the paralegal’s responsibility during this time to keep track of the documents; who has what and what is still needed!  Once all the participants are satisfied with the content of the documents, the documents required to be recorded are prepared and sent.  The final closing actually takes place over two days in order to have time to get the documents recorded.  If the recording does not take place, the deal cannot close.

On the day of actual closing, wire transfers are set up and each entity involved in the transfer of funds is contacted to insure that their portion of the transaction is concluded.  When all funds are transferred and each recipient has the received its entire sum of money, the transaction can conclude.

The paralegal’s job is not over once the deal closes.  Depending on the bond, Internal Revenue Service documents may be required by a deadline and if they are not sent, it can affect whether the bonds are considered to be tax exempt or not. The transcript must still be assembled, reviewed by the attorney, copied and sent to the various participants.  Keep in mind that during this time the paralegal also has other deals on which to work; they don’t come in one at a time!

As you can see, it’s a job of organization and details.  It is a specialized area; however, it is one you can find in any large city.  It’s rewarding to know that your work helped create new jobs, new housing and, in general, helped the people of the community.

Food for Thought
by Machelle L. Scogin, KBA LA Committee

As I was sitting at the first Kansas Paralegal Association Board of Directors Meeting of the new year, our President Jan Totero passed around a sign up sheet to write articles for the KLAS Action, our organization’s newsletter.  I decided what better way to get involved and participate in KPA than by writing an article.  Months went by and then our Publications Director, Connie Beckett, sent me an email reminder that my article was due soon.  My first thought was what was I going to write about?  Well, I decided that some food for thought would be the best for all of us.  First, some background.

I have worked in the legal profession since 1996, when I was hired as a document clerk for Morrison & Hecker, L.L.P. in Wichita.  I was still in college working on my Bachelor’s Degree in Political Science and needed to do an internship.  The Cooperative Education at Wichita State University was able to find me the job.  I have always loved law and was still pondering the idea of going to law school.  At first I was working under the direction of a Legal Assistant and doing data entry of documents for case management.  I began to get other projects to do from the Legal Assistants and Attorneys.  I learned document preparation and organization, deposition preparation, legal research,  how to draft pleadings and letters, trial preparation and even participated in two trials.  I worked on civil litigation of all kinds including product liability, oil and gas, real estate, and a lot of employment law.  After being there about six months, I decided to go ahead and get a Legal Assistant Degree because I was not going to Law School or Graduate School.  During the last six months of my Legal Assistant program, I did my internship with the same firm.

After I completed school and graduated with both degrees in 1998, I started to look for a full-time position.  I found a full-time position with Wallace, Sanders, Austin, Brown, and Enochs in Wichita.  My focus of law was insurance defense.  I learned how to dictate and summarize many pages of medical records and how to manage my own caseload.  I was there for awhile and then decided that working in a large firm just was not for me. It took about six months of looking to find my current position.  I work for J. Patrick Walters, Attorney at Law.  Our primary focus is family law, criminal and traffic cases, and bankruptcy.  I really enjoy my job.  I do everything including interviewing clients, preparing pleadings, preparing for trial, appearing in court with the attorney, typing correspondence, talking to everyone and preparing billings.  I have lots to do to keep me busy, and always try to learn new things whether it’s new laws or just a better way to do something in order to make better use of my limited time.  There are never enough hours in the day to get everything done.

Every place I have worked has taught me a lot about the legal profession and about what it is to be a Legal Assistant/ Paralegal.  Some food for thought:

1. Always enjoy what you do
2. Take everyday one day at a time
3. Always do everything with pride and the  satisfaction of doing a good job
4. Take the good with the bad
5. Make and keep contact with the people you know
6. Use the resources available to you
7. Learn something new everyday
8. Know when to say no
9. Have goals and attain them
10. Stand up for what you believe in
11. Do things for others and do things for your self
12. Remember the devil is in the details
13. Encourage others
14. Participate in life and in everything you do
15. Get involved
16. Once you are happy with yourself, you can be happy with everything else
17. And most of all be happy, life is short and nothing in this world is worth the stress we sometimes bring on ourselves.

It is amazing what you remember as food for thought when you look back on your experiences in life.  If you ever need help on a case in one of my areas of law, call me, I will try to help.

Machelle L. Scogin, is a Paralegal for J. Patrick Walters, Attorney at Law in Wichita, Kansas and can be reached at (316) 264-4449 or email: machelle@justicesuites.com.
 
 

Job Registry
Linda Joseph, KPA’s Job Registry Coordinator, would like to know if your firm or company has a paralegal position open. Information on the position, area of law, firm name and address, and contact person can be faxed to her at 913-780-2863 or mailed to 20606 West 95th Terrace, Lenexa, Kan.  Linda's telephone number is 913-780-2853.  Openings will be posted in KPA’s newsletters.
Job Registry

Midsize Plaza Firm  Litigation Department seeks experienced paralegal with strong knowledge of civil procedure. Send resume, writing sample, and
salary  requirements to:

Pat Curtis
White Goss Bowers March & Schulte
4510 Belleview, Suite 300
Kansas City, MO 64111

Board Meeting Change
The KPA Board Meeting scheduled for April 28 in Emporia has been changed to March 31.  The meeting will be held at the Emporia Ramada Inn.

PACE Study Workshop
KPA will holding a PACE study workshop March 24 at the Johnson County Library, 15437 Lackman Drive, Overland Park.  See the workshop announcement for further details.

The workshop will also serve as a pilot to determine interest in holding PACE study workshops in the other districts.  Please let President Jan Totero or your district director know if you are interested in a PACE study program in your area.

District III Luncheon Meeting Change
Both the date and place of the March luncheon has been changed.  It will be held Thursday, March 22, at the Wydham Garden Hotel in Overland Park.  The April luncheon will be held on the regular third Thursday of the month, April 19, but the location will be the Wydham Garden Hotel.   The location of future luncheons will be announced later.

Member Recruitment and Participation Program
KPA has initiated a program to help recruit new members and to encourage participation.  Current members who bring a non-member to a luncheon or encourage a non-member to join KPA can accumulate points.    Points will also be given for attendance at luncheon meetings or KPA sponsored events, participation on an educational speaking panel, or on a district or state committee.  Points can also be earned for writing a KLAS Action article or organizing a project involving KPA members.   The district member with the most points at the end of the board year (June 30) will receive a prize. Contract your district directors for details.

A big thank you to District I director Traci Girrens for developing the program.   She reports the following standings for District I.

Terri Rodriquez – 54 points
Raquel Lusby – 39 points
Machelle Scogin – 34 points

The standings for District III are:

Tara Schuck – 12 points
Judy Gibbs – 4 points
Julee Manahan – 4 points
Jeanne Robinson – 3 points
Kim Childress – 3 points
 
 

Source:  Inside NFPA

Kansas Paralegal Case
The issue of law firm disqualification was argued in the Kansas Supreme Court in January 2001 in the case of Zimmerman v. Mahaska Bottling Company, et. al., docket No. 83,554.  The disqualification of appellant’s law firm had been granted by the district court on the basis of a legal secretary moving from the firm representing the plaintiff to the firm representing the defendant.  NFPA filed an amicus brief in the case on behalf of the appellant, Mahaska Bottling Co.  The earliest an opinion can be expected is March 9, 2001.

NFPA Responsibilities Handbook Now Online
The National Federation of Paralegal Associations (NFPA) is pleased to announce its most recent contribution to making information freely available on the Internet to persons interested in the paralegal profession.  The latest edition of the 60-page handbook Paralegal Responsibilities can now be found at  www.paralegals.org/ProfessionDevelopment.  The handbook lists in detail the practice areas in which paralegals work and the specific tasks they carry out.  Since the first edition was published in 1996, the handbook has been an invaluable resource to attorneys, courts, paralegal educators, prospective paralegal students, students about to enter the profession and paralegals who need factual data to argue for expanding their responsibilities in their workplaces.  The details given are the result of careful research by the volunteer coordinators of NFPA who compiled the specific tasks from paralegals around the nation.  The handbook is updated as the expansion of paralegal roles and responsibilities required within the boundaries of law with respect to the unauthorized practice of law.

Persons wanting a hard copy of the complete handbook may purchase it online by using VISA, MasterCard, or American Express.  The price is $15 for NFPA members and $20 for others.  For instant reference, however, the entire book may be now accessed electronically.

Source:  Inside NFPA

Paralegal Legislation
By Stephen P. Imondi, RP
NFPA Legislative Coordinator

The Legislative Committee has already started its work this year. Three bills have been filed in the State of Mississippi. The first, House Bill 296 (HB 296), would amend Section 1-1-11 of the Mississippi Code to provide sets of the Code "to the Paralegal Programs at the University of Southern Mississippi and Mississippi University for Women."

The second bill is HB 322, which would amend section 43-13-107 to "Create the Mississippi Medicaid Commission to Administer the Medicaid Program." Within the bill is a provision regarding a request for a hearing that says the following:  “A request for a hearing, either state or local, must be made in writing by the claimant or claimant's legal representative. "Legal representative" includes the claimant's authorized representative, an attorney retained by the claimant or claimant's family to represent the attorney retained by the claimant or claimant's family to represent the claimant, a Paralegal representative with a legal aid services…..”

The third bill is HB 753. It would amend Sections 47-5-931 through 47-5-941 to allow the sheriff "to employ counsel to represent the facility to be paid a salary within the range allowed for a legal assistant to a district attorney with the employment to continue for a period of time not to exceed the duration of the indebtedness incurred for construction of the facility."

Canadian Paralegal Issuess
By Robin Solomon, Board Advisor

Bev Peterson, the paralegal from Vancouver  working on NAFTA with me, received a letter two weeks ago from NAFTA officials in Canada.  To summarize, NAFTA officials met in December and discussed the information we had sent them regarding our desire to apply for professional status under Chapter 16 of NAFTA. Their letter stated that they have concerns regarding our lack of educational standards. Bev spoke with Canadian NAFTA officials after receiving this correspondence, and we believe part of the problem is a lack of understanding as to our dedication and commitment to raising the criteria for paralegals entering the profession. I hope to meet with U.S. NAFTA officials during the spring convention to expand further on NFPA policy.

However, I think we need to take this as a warning bell - others will not ever see us as a profession with standards until we see ourselves that way. We need to move forward and take the next step toward raising the bar. It's up to us and no one else.

NFPA Spring 2001 Policy Meeting
The first NFPA policy meeting of 2001 will be held in the nation’s capital.  The National Capital Area Paralegal Association (NCAPA) will host the spring convention at the Georgetown University Conference Center from April 19-22.

Highlights of the meeting will be presentation of the winners of the Judge William Robie Award, the Paralegal of the Year sponsored by CorpAmerica, Inc. and two West Group scholarships.  Officers for the NFPA 2001-2002 board of directors will be elected.

Multidisciplinary Practices
By Lesley Cox, RP NFPA Practices Coordinator

The following is an excerpt from an article titled, "Wave of the Future: Multidisciplinary Practices - A Challenge to Law Firms," that appeared in The LAMA Manager.

 “Proponents for MDP believe that lawyers, legal assistant managers, and legal assistants must adjust to and embrace MDP for future success because it is inevitable. It will allow lawyers to focus on legal work and provide them with non-traditional business opportunities to become more profitable. They will need to consider administrative structural changes to handle their multiple business affairs, which could create more career pathing opportunities for legal assistant managers. In order to survive, law firms will have to produce a superior, competitively priced product and the legal assistant will be essential to this process. Highly specialized, technologically advanced legal assistants will be in demand and their knowledge base will be heightened by the diverse learning opportunities, which will develop in the MDP.

 Legal assistants may need to do the following to stay on top:

• Compete for work with untrained legal assistants by being the best resource;
• Promote innovative ways to accomplish work as case staffing becomes lean due to price competition;
• Become "knowledge workers" through regular CLE and technical training; and
• Develop strong client-relation skills to cement client loyalty. “

NEW MEMBERS

District II
Nancy L. Cooke, voting member, working at Palmer, Leatherman & White, LLP; phone
785-233-1836; fax 785-233-3703

District III
David D. Hill, JCCC student member, working at the Missouri State Public Defenders Office;
home phone 913-631-3161

Vicki Farron, JCCC student member; home phone 913-851-9039

Harry H. McWilliams II, renewing voting member, working in Kentucky

Melissa Moriarty, voting member, working at Wallace Saunders Austin Brown & Ehochs in Overland Park; phone 913-752-5576; fax 913-888-1065
 
 
 

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