SPRING 2022 NO.4 | VOL.27 - Paralegal Division
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President’s Message Texas Paralegal Journal Spring 2022 Activites for TAPS and great speakers are well underway and our sponsors are signing up by leaps and bounds. If you have suggestions for speakers and/or topics from the Ft. Worth area please send them to me so I can pass them along. I am still waiting to see some articles from our awsome members. I know you have it in your minds. That one topic you get on a soap box about. Let us hear from you. That one idea you have wanted to shout from the roof tops. Let us hear from you. Remember you are the strength and presence of our organization. All of you keep PD going and alive and you are all amazing after 40 years. I have been so pleased to see all the activity and sharing of forms, contacts and suggestions and working through unchartered territory on EGroup but a couple of reminders to help Jay out President’s a bit: no employment ads; remember you don’t need to hit reply all each time MESSAGE you respond. Don’t forgot to sign up for our great Paralegal Travels Trip for 2023. Well for most places Congratulations to our returning In formation to put down deposits and I would say Happy even numbered District Directors: all the details are in the TPJ and in the Alice Lineberry (D-4), Shannon Spring but as we are Shaw (D10) and Pam Snavely (D‑12). Pulse. This is recharge time we all need in Texas more like Congratulations to our two new so take a peek and get your name on that list before the spaces are filled. happy spring/summer Directors: Heather Ulliman (D2) and Maria Sturdy (D14). D-16 we still need as tempertures are someone to take that step into the Take care and enjoy all that 40 years of the Paralegal Division has built already in the 90’s! Director spot. from a small vision into such great opportunities and strength it has We are so busy with CLE, events, TAPA, become with so much more in store. elections, spot audits, and setting up I only hope to be a part of this great the website our heads are spinning. group of leaders that you all are. “Do one thing every- There are some great new ways PD deadlines and announcements will day that scares you” be instigated to keep you apprised Susi Boss of happenings (not th great tattoo President 2021-2022 - Eleanor Roosevelt program Megan had for us) but Paralegal Division stayed tuned. State Bar of Texas 1
Editor’s Note Texas Paralegal Journal Spring 2022 volunteers and do this out of passion for the profession and/or for their local association and the Paralegal Division. These volunteers love what they do and want to belong and help inspire and/or empower our colleagues. Please think about getting involved today. We would love to have you! If you have a member being honored by your local or other association, please send in a submission for next year’s spring edition. TAPS 2022 is coming to Fort Worth! Be on the lookout for some great speakers and other information very soon. In the spring edition of the Texas Editor’s Paralegal Journal, we celebrate our members who have been recognized Megan Goor-Peters, TBLS-BCP NOTE by a local or other association. Notably, these members are all TPJ Editor It’s Renewal Time. We value our members. We have been serving Texas paralegals for 40 years providing excellence and presence. Make sure your required Steps for Log into your CLE hours are posted. Then start your renewal. MyAccount>Renew MyAccount page renewal: MyAccount>Manage My ****** at www.txpd.org Online CLE Records 2
Texas Paralegal Journal Spring 2022 Publications Megan Goor, TBLS-BCP, Editor Rhonda J. Brashears, CP, TBLS-BCP, Coordinator Kim Goldberg, TBLS-BCP, Board Advisor Table of Art Direction RRD GO Creative™ 35 West Wacker Drive CONTENT Chicago, Illinois 60601 gocreative.rrd.com 1.800.782.4892 Digital Publisher SPRING 2022 RRD DigiMag NO.4 | VOL. 27 Paralegal Division President, Susi Boss 01 President’s Message President-Elect, Lisa Pittman Treasurer, Eugene Alcala Parliamentarian, Shannon Shaw Secretary, Alice Lineberry, PLS, CP 02 Editor’s Note Board of Directors President, Susi Boss, San Antonio; 07 President-Elect, Lisa Pittman, Denton; Board of Directors Quarterly Board Meeting Summary District 1 Director, Kim Goldberg, TBLS-BCP, Houston; District 2 Director, Eugene Alcala, Dallas; Spring 2022 District 3 Director, Wayne Baker, RP, Granbury; District 4 Director, Alice Lineberry, PLS, CP, Austin; District 5 Director, Pearl Garza, San Antonio; 09 Defensible Deletion: The Proof is in the Planning District 7 Director, Erica Anderson, ACP, Amarillo; District 10 Director, Shannon Shaw, The Woodlands; District 11 Director, Stacey Marquez, Lemesa; District 12 Director, Pam Snavely, ACP, Denton; 13 The Last STRAW: Managing Your Emotions in the District 14 Director, Maria Sturdy, Longview District 15 Director, Arturo Ortiz, McAllen; and Workplace District 16 Director, Rebecca Lopez, El Paso. Publication Committee Members Publications Chair: Megan Goor, TBLS-BCP 16 Are you Using a Health Savings Account Effectively? Board Advisor to Kim Goldberg, TBLS-BCP Deadline for Summer Issue is June 15, 2022. 20 E-mail tpj@txpd.org. Announcement of 2022-2023 President-Elect Texas Paralegal Journal © 2006 by the Paralegal Division, State Bar of Texas. Published quarterly in 21 Paralegal Division 2021-2022 Leadership Texas by the Publications Committee of the Paralegal Division, P.O. Box 19163, Amarillo, Texas 79114. The Texas Paralegal Journal is a magazine published to provide information specifically for the members of 25 Texas Local Associations Honor Paralegal Division the Paralegal Division of the State Bar of Texas, as well as for members of the paralegal community in general, Members and Paralegal Day Celebrations both in Texas and nationwide. Opinions expressed herein are solely those of the writer and not the Board of Directors or of the Division. Publication of any advertisement herein does not imply endorsement 33 Texas Paralegal Standards in any manner. None of the information contained herein is intended nor should it be construed as legal advice. Inclusion and editing of material 35 2021 TBLS Paralegals submitted is at the discretion of the editor and the editorial subcommittee. 36 Texas Paralegal Journal (ISSN 1 089-1633) Membership Benefit is published four times a year in Summer, Fall, Winter, and Spring for $15 set aside from membership dues for a one-year subscription by the Paralegal Division of the State Bar of Texas, P.O. Box 19163, Amarillo, TX 794114. 3
Texas Paralegal Journal Spring 2022 ATTENTION LITIGATION STAFF OVER 70 OF TEXAS’ PREMIER CIVIL-TRIAL MEDIATORS & ARBITRATORS NOW PUBLISH THEIR AVAILABLE DATES ONLINE Save HOURS of scheduling time directly at www.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 ♦ ♦ ♦ ♦ Authored by Paralegal Division members, with input from the legal community. Published by Thomson Reuters. 6
Board of Directors Texas Paralegal Journal Spring 2022 Here are some points of interest from the Board Meeting: President-Elect – Election was held and the 2022 - 2023 President-Elect was announced. Congratulations to Joncilee Davis, ACP! Even-Numbered Director Elections – Elections for Districts 2, 4, 10, 12, 14 and 16 will be voted on. Don’t forget to make sure you get your ballots in. TAPS 2022 – The TAPS Planning Board of Directors Committee is working very hard to make sure that attendees have great QUARTERLY speakers/topics and some fun too! TAPS will be held September 28 – 30, 2022 in Fort Worth. BOARD MEETING Annual Meeting – The Annual Meeting SUMMARY will be held on September 30, 2022 at the TAPS 2022 Friday luncheon. Winter 2022 Paralegal Pulse and TPJ – The Paralegal Pulse is emailed out monthly and the TPJ is emailed on a quarterly basis. Please open and read them as there is so much information contained in both. And remember to check out the Paralegal Pulse for Submitted by President-Elect, Lisa Pittman what is happening in your District and across the state. president-elect@txpd.org The Board of Directors and Committee Chairs are hard at work for you. Please reach out to The Board of Directors met on Friday, February 11, 2022 and them if you have any questions or Saturday, February 12, 2022 in Dallas, Texas. are interested in learning more about how to serve on a committee or to volunteer. Their contact information is on the website for the Executive Committee and the District Directors. 7
Texas Paralegal Journal Spring 2022 PARALEGAL DIVISION ANNOUNCES TAPS 2022 SCHOLARSHIP For the upcoming 2022 Texas Advanced Paralegal Seminar (TAPS), a three-day CLE seminar, the PARALEGAL DIVISION of the State Bar of Texas will award up to two (2) educational scholarships for the three-day registration to attend the TAPS 2022 seminar, "Survey Says –TAPS 2022 – CLE No. 1 Answer." Below please find the guidelines and application for applying for this scholarship. 1. The Recipient must be a member (or apply for membership) of the Paralegal Division of the State Bar of Texas. 2. To apply for a TAPS scholarship, the applicant is required to give a written essay on the following: “What brought you to the paralegal profession and why do you feel CLE is important?” The essay must be two (2) pages in length and double-spaced. 3. To apply for a TAPS scholarship, the applicant is required to provide two (2) letters of personal references, which describe the applicant’s involvement in the paralegal profession. 4. Financial need shall be a contributing factor, but not a requirement. However, if two or more applicants are tied in meeting the criteria for the scholarship, financial need shall be the determining factor. 5. Recipient(s) are required to volunteer a minimum of three hours on-site during the event. Other 1. No money will be sent directly to the recipient. 2. The scholarship for TAPS shall cover the cost of the three-day registration, but does not include socials, travel, or hotel expenses. 3. The scholarship selection committee for reviewing scholarship applications for TAPS shall be composed of the Chair of the TAPS Planning Committee, one Planning Committee Sub-Committee Chair, and the Board Advisor to the TAPS Planning Committee. The Paralegal Division of the State Bar of Texas will award scholarships for TAPS 2022 which will cover the cost of registration in accordance with the TAPS scholarship guidelines. TAPS 2022 SCHOLARSHIP APPLICATION IMPORTANT: ALL APPLICATIONS FOR A SCHOLARSHIP FOR TAPS 2022 MUST BE RECEIVED BY FRIDAY, JULY 15, 2022. DATE OF TAPS 2022: September 28-30, 2022, Fort Worth, Texas Name PD Membership No. Home Address Home Telephone E-mail Address Work Address Work Telephone Fax Number Employer ___________________________________________________________________________________ Are you a member of a local paralegal organization that offers a scholarship award? Give a detailed description of your reason for seeking a scholarship to TAPS 2022: Give a detailed description, if any, for your reasons for financial need: Attach two (2) personal references and your written essay to this application. Applications should be mailed to: Lisa Pittman, Scholarship Chair of the TAPS Planning Committee, Hayes, Berry, White & Vanzant, LLP, 512 W. Hickory, Suite 100, Denton, Texas 76201 or email to: taps@txpd.org Scholarship recipients will be notified by letter or email by August 1, 2022 and must accept and be registered for TAPS by August 15, 2022. _________________________________ Date Applicant’s Signature Attach any additional explanations. 8
Defensible Deletion: The Proof is in the Planning Texas Paralegal Journal Spring 2022 Defensible Deletion: THE PROOF IS IN THE PLANNING By Andrew Peck Jennifer Feldman Leeanne Mancari challenging. Here, we provide a need, so long as they do not violate framework for making defensible regulatory requirements or litigation deletion an attainable goal. The key preservation obligations. As validated lies in planning. by the U.S. Supreme Court,”Document retention policies,” which are created What Is Defensible Deletion? in part to keep certain information Prospectively, defensible deletion from getting into the hands of involves the ongoing and routine others, including the Government, elimination of unneeded data, in real are common in business. It is, of time or pursuant to a prescribed course, not wrongful for a manager schedule to avoid accumulation to instruct employees to comply with Dennis Kiker of ROT. Retroactively, defensible a valid document retention policy deletion involves identification and under ordinary circumstances.” deletion of previously accumulated Arthur Andersen v. United States, *Reprinted with permission from the January ROT. In either case, the “defensible” 29, 2021 edition of the “New York Law Journal 544 U.S. 696, 704 (2005). © 202X ALM Global Properties, LLC. All part of the proposition involves rights reserved. Further duplication without minimizing legal risk, particularly “Best practice” dictates not only that permission is prohibited, contact 877-257-3382 associated with spoliation a record may be destroyed when no or reprints@alm.com.” of evidence. longer required for any business, Most companies maintain vast legal or regulatory purpose—it should Deletion Can Be… Defensible amounts of unneeded data and can be destroyed due to the many risks The first challenge most legal decrease legal and compliance risk associated with over-preservation. departments face is the question and minimize financial burden if they The Sedona Conference, Commentary of whether any data can safely be retain less ROT (redundant, obsolete on Defensible Disposition, Second Ed., deleted. The short answer is, “yes.” and trivial data). Unfortunately, 20 Sedona Conf. J. 179, 187, 199 (2019). Companies are entitled to dispose eliminating ROT, often referred to These risks include unnecessary of information they no longer as “defensible deletion,” can seem storage costs; compliance risks 9
Defensible Deletion: The Proof is in the Planning Texas Paralegal Journal Spring 2022 associated with retention of data subject to privacy regulations; compliance with contractual provisions concerning retention and disposition of confidential and other business information; reduced productivity due to difficulty in finding information; increased litigation risk; greater expense associated with discovery in future matters; and increased cyber-security risks. Id. at 199-214. Lay a Foundation for Defensibility Stakeholders should decide to dispose of information based on legal and business judgment, relying on sound processes and procedures, including: (1) Records retention policy and schedule: Ideally, companies document retention requirements in the COO, etc. Eliminating ROT benefits (2) Departmental Focus: Individual a policy and schedule, which lends every aspect of the business; it is departments can be the focus certainty to decisions about what simply a matter of identifying the of a defensible deletion project. data are eligible for deletion. In the benefit for stakeholders. Reorganizations, relocations, or absence of a previously established other circumstances may make policy, one can be developed for a Understand the Scope a department open to a “house- targeted category of data as part of Next, the stakeholders must cleaning” exercise for its own data. the defensible deletion initiative. understand and define the scope of the disposition initiative, which can be (3) Enterprise-Wide Information (2) Inventory of Legal Preservation defined in many ways: Governance: Many companies are Obligations: Most companies beginning to prioritize enterprise- have legal holds in place, requiring (1) Key driving forces: Often, wide information governance. Such preservation of certain data. circumstances will make the scope efforts are ideal opportunities to Understanding the data categories clear. For example, retirement or launch a defensible deletion project, subject to legal hold, and where that upgrade of a system or migration as they offer an early, demonstrable data resides, will allow stakeholders to a new platform creates a unique return on investment. If undertaking to more efficiently effectuate a opportunity to delete ROT from an enterprise-wide initiative, it is defensible deletion project. those sources. Similarly, release of a advisable to divide it into smaller legal hold creates an opportunity for projects, because it can be daunting (3) Buy-In and Support: Any effort defensible deletion for data that was to assess ROT on a company-wide to dispose of data is likely to face subject to the hold. Organizational level all at once. opposition without executive transformations like a merger or support. The key is identifying the acquisition create opportunities to “win” for each affected constituent: identify and dispose of unneeded reduced cost for the CFO, increased information as systems and storage capacity and decreased data sources are integrated and complexity for the CIO, faster system consolidated. performance and response times for 10
Defensible Deletion: The Proof is in the Planning Texas Paralegal Journal Spring 2022 Staff the Project Data Categorization Medium. This data will require Defensible deletion is a multi- The key to success for a defensible deeper analysis as to its content and disciplinary exercise requiring the deletion project is to focus on retention obligations. It may be mixed knowledge and expertise of different feasibility and not take on too much data and not as easily recognizable. members of an organization: at once. Early wins with low-hanging Example*: The company may have a fruit will demonstrate the value of “data closet” of hard drives containing • Legal and compliance—to ensure the effort. email data for a large legal hold compliance with legal and that has now terminated. Retention regulatory preservation obligations; Once you understand the scope of requirements for that data has data to be analyzed for potential • Business representative(s) for the expired; however, various custodians disposition, it is time for the functions responsible for the data— have been placed on subsequent legal hard part, and the heart of the to understand which information holds. In this situation, it is imperative project—categorizing the data for has business value; to identify the data for each custodian deletion based on criteria allowing subject to subsequent legal holds. • IT—a technical resource the stakeholders to assess the forexecution; applicable retention schedules, Hard. This data will be the most legal preservation obligations, and complex to analyze. It may be • Records management business value. completely unidentifiable or hard to professionals—to advise on access. It will be important to assess statutory retention requirements Start by categorizing the data into reasonableness and proportionality and prospective strategies; three buckets (easy, medium, and here. Example*: The company has hard) based on objective, identifiable identified backup media it is no • Outside resources—depending on criteria that enables differentiating longer using and has not used for scope, complexity, and internal data. Culling should be iterative, several years. The company can no resource availability, there may beginning with specific criteria longer access the backup without be a need for outside resources to such as, but not limited to, retention retaining an expensive vendor to augment the above roles; and guidelines, date ranges, data type, analyze the media. The company custodian, department, applicability • C-suite sponsors—to show support. believes that all information needed to legal hold, or accessibility. If for regulatory purposes has been Timing Is Everything circumstances warrant, subsequent separately retained but is worried Timing is critical in two ways. First, to culling efforts can be more targeted that data subject to legal hold may manage expectations. Data cannot be and refined, using search terms or be on the backup. Here, because of deleted instantaneously, particularly other criteria. You can get creative. reasonableness and proportionality, in large volumes. Actual execution will Relying on the advice of others it may be more appropriate to assess take time, the overall process will be experienced with these projects can whether any data is missing from iterative, and stakeholders must be be beneficial. the legal holds that may require cognizant of this. preservation of backup media (than to The Three-Bucket Approach: Second, preservation obligations Easy. This data is low-hanging fruit. assess what is on the backup media) can arise unpredictably. Because It is readily identifiable and easy and proceed accordingly. the defensible deletion process to understand whether it has any *These examples are illustrative only takes time, it is necessary to plan basis for retention. Example*: The and are not legal advice. for a “quiet” period during which new company may understand that it has preservation obligations are unlikely no regulatory or legal obligations Document Everything to arise. Having a plan in place will to keep data more than 10 years A critical component of defensibility enable the company to act quickly old. Accordingly, any in-scope data is documentation. Document the when a quiet period arises. 10 years or older only needs to be overall approach, the scope, the assessed for business value. data classification process, and final execution. 11
Defensible Deletion: The Proof is in the Planning Texas Paralegal Journal Spring 2022 Pull the Trigger will depend on the desired level (3) Further Culling: In many cases, The best approach to execution of of certainty. It is best to consult one round of culling will achieve the defensible deletion task is an an IT professional who can the desired objective; however, it is iterative one, as depicted in the outline the different standards possible to continue culling using accompanying illustration. of data deletion available. more advanced and refined data identification methods. (1) Data Deletion: This seemingly (2) Validation: However data are simple step can be surprisingly deleted, it is important to validate the complex, as there is more than one results through sampling and testing. way to delete data. The method YES Data Categorization Data Identification Data Deletion Validation Further culling Complete NO Documentation What If Something Goes Wrong? If the process has been well-planned, executed, and documented, the risk of sanctions for inadvertent spoliation of evidence is slight. Sanctions under Fed. R. Civ. P. 37(e) are available only when data “should have been preserved in the anticipation or conduct of litigation” and you “failed to take reasonable steps to preserve it.” Planning a sound process and documenting its execution will generally demonstrate reasonableness and good faith. Andrew Peck is senior counsel at DLA Piper and served for 23 years as a U.S. Magistrate Judge for the Southern District of New York. Jennifer Feldman and Leeanne Mancari are co-chairs of the firm’s e-discovery and information governance group. Dennis Kiker is a senior attorney focused on e-discovery matters at the firm. 12
The Last STRAW Texas Paralegal Journal Spring 2022 STRESS - Anyone who has ever are harboring it. Resentment tends worked ANY job, in ANY field, at ANY to build slowly over time. We do not level can relate to job-related stress. often recognize it mostly because In our line of work, this is expected. when incidents occur that contribute We often manage multiple tasks at to feelings of resentment, we tend once and need to recall information at to categorize them into other, more the drop of a hat. Some of us work for temporary feelings. As a matter of multiple attorneys and need to be able “getting the job done,” we sweep to decipher who needs to be where, feelings of resentment under the who has a call at what time, or which rug. This is dangerous and unhealthy. one needed something done ASAP Resentment simmers and, if left The demand can create a level of unaddressed, can eventually boil over. stress that is unmanageable and often ANXIETY - Being a member of the detrimental to one’s health. by Lisa M. Gutierrez legal community often comes with notoriety. I am sure we have all heard from a friend of family member The Last STRAW: the slight, “Oh!” or “Wow!” when we share what we do for a living. Do not MANAGING YOUR underestimate this well-deserved respect. What we do is challenging EMOTIONS IN THE work, and that work requires a high level of skill. We are all very aware of how important it is to file a pleading WORKPLACE on time or submit correspondence to the appropriate party. We often double, and triple check our work As paralegals, our specific TENSION - Stress often leads to for accuracy. Our attorneys depend responsibilities can vary dependent tension, and tension in the workplace on our diligence. Should we make upon our areas of practice, size of is NEVER good. This negative an error, the repercussions could the firm or legal group to which we emotion is extremely toxic and often be catastrophic. This amount of belong, and the number of cases or very contagious. The last thing we pressure can elevate our anxiety and clients for which we are responsible. want to do is contaminate our work lead to a multitude of issues, both Yet despite these differences, our environment with tension. It inhibits professionally and personally. list of commonalities is interminable. communication which ultimately Without exception are the emotions reduces productivity. A reduction in WEARINESS - Many of us tend we experience daily. Being a legal productivity in a deadline-oriented to put our jobs ahead of our own assistant, not unlike other careers, field such as the law is a disaster personal well-being and as a result, can be highly stressful and extremely waiting to happen. we experience fatigue and burnout. demanding. At times, we may even Mental fatigue is very real and often question why we picked this career RESENTMENT - Here we see the leads to both mental and physical field in the first place. snowball effect when we add health issues. It can begin to reflect resentment. It is not surprising that in our work and may ultimately costs The most common negative emotions with mounting stress and brewing us our jobs. we face regularly can be summed tensions, resentment soon follows. up into the acronym: S.T.R.A.W This silent relationship killer can (Stress, Tension, Resentment, go undetected for quite some time. Anxiety, Weariness). Some may even be unaware that they 13
The Last STRAW Texas Paralegal Journal Spring 2022 As cliché as it may sound, we must off caffeine cold turkey as you can and he or she has not initiated a make ourselves a priority. We are no experience headaches, fatigue, and conversation, you may need to prompt good to our firms, our attorneys, our irritability. Try to wean yourself off that interaction. If you do not feel that clients, if we are not in good mental, slowly. Ask your doctor for advice on you can address the problem in person emotional, and physical shape. decreasing your caffeine intake. immediately or without incident, Be mindful of your well-being. Here are consider composing an email simply TAKE YOUR BREAKS! I know at times some tips to ensure that you are taking asking for a time to chat. we feel the need to work through lunch care of yourself in and out of the office: because we have a deadline, or we Despite what you may be feeling at SET UP A CALM, RELAXING WORK are reluctant to ask for our vacation times, you are likely more important to ENVIRONMENT: If possible, add décor days because we have discovery due your organization that you think. If you to your office or workspace that makes or a trial or mediation for which to are not well emotionally or physically, it feel warmer and more relaxing. prep. Those obstacles will ALWAYS someone within your organization will A family photo or some spiritual or be present. Make sure you take your eventually notice, whether it be from religious item that has sentimental break during the day. Whether it be a change in your behavior or a change value, some soft quiet music playing a full one-hour lunch or a brief 15 in your performance. If you lack the in the background, or an essential minutes, a break is NECESSARY. And if same motivation you once had, try to oil diffuser could lighten the room possible, take it AWAY from your desk. remember why you started your legal and help you relax. (Be mindful of Go outside and get some air. Go to the career in the first place. Think back on strong odors that may bother your break room and grab a snack. Maybe your accomplishments. Think back on co‑workers.). If you cannot keep even sit in your car and listen to music. the clients you have helped. Think back personal items ON your desk, keep it IN The same goes for your vacation days on the difference you have made and your desk drawer or within reach. or paid time off. If you are lucky enough how much you have grown since the to receive PTO, utilize it! Your boss early days of your career. Do not let it KEEP YOUR WORKSPACE (AND offered it to you for a reason. And you get to the last STRAW. HOMESPACE) CLEAN AND CLEAR OF should not feel guilty for requesting CLUTTER: Clutter both at home and in About the Author: time off that you have earned. the office heightens anxiety levels and Lisa M. Gutierrez is a Medical creates unnecessary chaos. Try to take KEEP THE LINES OF COMMUNICATION Malpractice Litigation Paralegal with 10-15 minutes of your day to organize OPEN: This is perhaps the most Lyons & Lyons, PC, in San Antonio. She your desk, your inbox, etc., so that you important tip of all. has experience in both Personal Injury, minimize anxiety-driving distractions. Estate Planning, and Probate law. Without communication, we have She attained her Associate in Applied SLOW DOWN ON THE CAFFEINE: Most nothing. Communicate with your Science (Paralegal Specialties) from of us enjoy a great cup of coffee or supervisor and communicate OFTEN. Del Mar College in 2012 and is currently tea, especially to get a jump on long It does not always have to be scary completing her undergraduate studies days at the office. Unfortunately, too to speak with your boss. Let them in Political Science at The University of much caffeine can have the complete know how you are feeling. If you are Texas at San Antonio. opposite effect. Being overcaffeinated feeling overwhelmed, it is best to can increase anxiety, raise blood express those feelings before your Memberships & Affiliations: pressure, and interfere with sleep. In performance starts to suffer, or even • State Bar of Texas - Paralegal addition, afternoon fatigue can set worse, it results in disciplinary action Division: Active Member in once caffeine leaves your system, for poor performance. We also need leaving you less productive than you to remember that our supervisors • NALA | The Paralegal Association: hoped you might be. Try to limit your are humans too. They experience Active Member caffeine intake to just the morning the SAME emotions, trials, and • San Antonio Young Lawyers hours. Perhaps switching to decaf tribulations. Life does not discriminate Association: Associate Member for your afternoon cup could do the in that way. If you are experiencing trick. Be careful to not completely cut tension with your boss or a co-worker 14
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Are You Using a Health Savings Account Effectively? Texas Paralegal Journal Spring 2022 For 2022, the IRS defines a HDHP as do not have to have earned income a plan with a deductible of at least to make deductible contributions. $1,400 for individuals and $2,800 for Contributions to HSAs are deductible families. You and your employer may until you sign up for Medicare. contribute to an HSA. Then, when you 2. Ability to invest funds - HSAs need medical care, you can withdraw typically offer several savings and HSA funds to cover your expenses, or investment options. These may opt to pay your costs out-of-pocket if include interest-earning savings, you want to save your account funds. checking, and money market Unlike “Flexible Spending Accounts,” accounts, or investments such as there is no “use it or lose it” provision, so stocks, bonds, and mutual funds funds roll over from year to year. Even that offer the potential to earn if you leave your current employer, the higher returns but carry more account is yours to keep, and you could risk (including the risk of loss By Mitchell Byrum, CFP® theoretically accumulate a significant balance over time. If you have high of principal). Carefully consider your investment objectives, risk ARE YOU USING A tolerance, expenses, and your time horizon before investing. A financial professional can help you decide HEALTH SAVINGS which savings or investment options are appropriate. ACCOUNT 3. Potential for tax-free withdrawals - Here’s the kicker, contributions EFFECTIVELY? to your HSA, and any interest or earnings, grow tax deferred, UNLESS withdrawn for qualified medical expenses, in which case There has been a recent surge in the medical expenses, it’s certainly they could be withdrawn tax free. popularity of Health Savings Accounts possible to spend down all the money I recommend you consult a tax correlating with the rise in number of in your HSA every year (HSAs are very professional if you have questions high-deductible health plans. When commonly used this way). However, if about the tax advantages offered by talking to clients and colleagues, I you don’t have high medical expenses an HSA. often find that many are unaware of and are several years from retirement, the extent of the features and benefits I challenge you to view the HSA as a 4. No Required Minimum Distributions that Health Savings Accounts offer. I’ve powerful retirement savings tool. - Unlike a 401 (k) or traditional IRA, often referred to it as one of the best HSAs do not require you to take HSAs as a Retirement Savings Tool “deals” in the current tax code but am funds out at a certain age. The 1. Tax deductible contributions surprised at how few people use Health account can remain untouched and regardless of income - Contributions Savings Accounts to their full capability. invested as long as you like. to HSAs can be made via payroll What is a Health Savings Account? deductions and from your own 5. Reimbursement for Medical A Health Savings Account (HSA) is a personal funds. If you make Expenses in Retirement – You are tax-advantaged account that is paired contributions using after-tax dollars, not required to take distributions with a high-deductible health plan they’re deductible from your taxable for medical expenses in the year (HDHP). You cannot contribute to an income whether you itemize or not. that you incur the expense. In fact, HSA unless you are enrolled in a HDHP. Unlike retirement accounts, you distributions for qualified medical 16
Are You Using a Health Savings Account Effectively? Texas Paralegal Journal Spring 2022 expenses incurred after your HSA is opened could be deferred as long as you would like. If you pay medical expenses out of pocket instead of from your HSA, keep careful track of the expenses and save receipts to know how much you can distribute tax-free in retirement. HSA Limitations to Consider • As mentioned above, you must be enrolled in a high deductible health • Distributions for expenses other Bottom Line plan to contribute to an HSA. than qualified medical expenses If you are enrolled in a high-deductible • For 2022, individuals can only will be subject to income tax and health plan, a Health Savings Account contribute up to $3,650 and a penalty of 20% if made before can be an extremely powerful families can contribute $7,050. age 65. Individuals older than 65 retirement savings tool when you This annual limit applies to all can make distributions for any consider the triple tax advantage contributions, whether they’re expenses without penalty, but those of tax-deductible contributions, made by you, your employer, or your distributions will still be added potential tax-deferred growth, and family members. You can make to taxable income if not used for potential tax-free withdrawals. If cash contributions up to April 15th of the qualified medical expenses. flow allows, consider paying health following year (i.e., you can make care costs out of pocket while you • Don’t let the tax tail wag the dog. 2022 contributions up to April 15, are working, keeping careful track of As with any retirement account, 2023). There is also a “catch-up” those expenses so you can reimburse before making contributions, ensure contribution for individuals over age yourself in retirement. An HSA may be you have an emergency fund set 55 that allows you to contribute an a key part of a detailed, comprehensive up and plenty of liquidity to cover additional $1,000. financial plan. If you have any your livings expenses. The last questions or would like to discuss the thing you want is to be forced into topic further, you can connect with us a situation where you have to make at www.sharrisfinancial.com. a distribution from your HSA to cover living expenses and incur a penalty. Disclaimer: Securities offered through Raymond James Financial Services, Inc., Member FINRA/SIPC. S. Harris Financial Group is not a registered broker/ dealer and is independent of Raymond James Financial Services. Investment advisory services offered through Raymond James Financial Services Advisors, Inc and S. Harris Financial Group. Raymond James Financial Services does not accept orders and/or instructions regarding your account by email, voice mail, fax or any alternate method. Transactional details do not supersede normal trade confirmations or statements. Email sent through the internet is not secure or confidential. Any information provided in this article has been prepared from sources believed to be reliable but is not guaranteed by Raymond James Financial Services and is not a complete summary or statement of all available data necessary for making an investment decision. Any information provided is for informational purposes only and does not constitute a recommendation. Raymond James Financial Services and its employees may own options, rights or warrants to purchase any of the securities mentioned in this article. Any opinions are those of S. Harris Financial Group and not necessarily those of Raymond James and is not affiliated with the Texas Paralegal Journal. Mitchell Byrum can be reached at mitchell@harrisfinancial.com 17
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Announcement of 2022-2023 Texas Paralegal Journal Spring 2022 ANNOUNCMENT OF 2022-2023 PRESIDENT-ELECT JONCILEE H. MILLER, ACP Joncilee H. Miller, ACP is a litigation Joncilee is a charter member paralegal in the Dallas office of and past President of the North Polsinelli, and over 25 years of Texas Paralegal Association. She experience as a paralegal. is also a charter member of the College of the State Bar of Texas, Joncilee attended Texas A&M Paralegal Division. University and obtained her BA in Political Science. She also received Joncilee has served the Paralegal her Master of Science degree Division of the State Bar of Texas Magna Cum Laude from Amberton in many capacities for the past University in Human Relations 24 years. She is honored to be and Business. She is an Advanced elected to serve as President-Elect Certified Paralegal in Trial Practice for the 2022-2023 year. (“ACP”) through NALA). | DISTRICT 2022 Even-Numbered DIRECTOR ELECTION RESULTS District District District District District 2 4 10 12 14 HEATHER ALICE SHANNON PAMELA MARIA ULLIMAN LINEBERRY SHAW SNAVELY STURDY Congratulations They will represent their respective to these Directors. districts for the 2022-2024 term. 20
Paralegal Division 2021-2022 Leadership Texas Paralegal Journal Spring 2022 PARALEGAL DIVISION 2021-2022 LEADERSHIP Thank you to these members who volunteered their time to serve the Paralegal Division. 2021-2022 Board of Directors Susi Boss Lisa Pittman President President-Elect Directors: District District tri Dis ct 1 KIM GOLDBERG TBLS-BCP, Houston 2 EUGENA ALCALA Dallas (Treasurer) 3 WAYNE BAKER RP, Granbury District District District 4 ALICE LINEBERRY PLS, CP, Austin 5 PEARL GARZA San Antonio 7 ERICA ANDERSON ACP, Amarillo (Secretary) District District District 10 SHANNON SHAW The Woodlands 11 STACEY MARQUEZ Midland 12 PAMELA SNAVELY ACP, Denton (Parliamentarian) District District District 14 MARIA STURDY Longview 15 ARTURO ORTIZ McAllen 16 REBECCA LOPEZ El Paso 21
Paralegal Division 2021-2022 Leadership Texas Paralegal Journal Spring 2022 Paralegal Division 2021-2022 AD-HOC COMMITTEES Committee Chairpersons Immediate Past President/Historian 40th Anniversary Ad-Hoc Committee Edna Garza-Guerra, TBLS-BCP Chair: Javan Johnson, ACP, TBLS-BCP Board Advisor: Maria Sturdy, District 14 Annual Meeting Committee Chair: Susi Boss (President) Ambassador Ad Hoc Committee Chair: Stephanie Sterling, TBLS-BCP Continuing Education Committee Board Advisor: Arturo Ortiz, District 15 Chair District CLE: Rocio Mayes Ambassador: Erica Anderson, ACP Board Advisor: Alice Lineberry, PLS, CP, District 4 Ambassador: Michele Boerder, CP, TBLS-BCP Ambassador: Rhonda J. Brashears, CP, TBLS-BCP Chair Online CLE: Amy Rainwater, Ambassador: Clara Buckland, CP TBLS-BCP, PHP Ambassador: Patricia Giuliano Board Advisor: Maria Sturdy, District 14 Ambassador: Megan Goor, TBLS-BCP Ambassador: Javan Johnson, ACP, TBLS-BCP Elections Committee Ambassador: Ellen Lockwood, ACP, RP® Chair: Melanie Langford, ACP Ambassador: Stephanie Sterling, TBLS-BCP Board Advisor: Pearl Garza, District 5 Ambassador: Mona Tucker, ACP Ambassador: Susan Wilen, RN Membership Committee Chair: Mona Tucker, ACP E-Group Policy Ad Hoc Committee Board Advisor: Shannon Shaw, District 10 Chair: Jay Williams, TBLS-BCP Board Advisor: Pearl Garza, District 5 Professional Development Committee Chair: Lindy Duffney Ethics Handbook Ad Hoc Committee Board Advisor: Wayne Baker, RP, District 3 Chair: Ellen Lockwood, ACP, RP® Board Advisor: Stacey Marquez, District 11 Professional Ethics Committee Chair: Ellen Lockwood, ACP, RP® Leadership Development Ad Hoc Committee Board Advisor: Eugene Alcala, District 2 Chair: Susan Wilen, RN Board Advisor: Lisa Pittman Public Relations Committee Chair: Kerri Alexander Long-Term Strategic Planning Ad-Hoc Committee Board Advisor: Erica Anderson, ACP, District 7 Chair: Michele Boerder, CP, TBLS-BCP Board Advisor: Alice Linebery, PLS, CP, District 4 Publications Committee Chair: Megan Goor, TBLS-BCP Member Renewal Spot Audit Committee Board Advisor: Kim Goldberg, TBLS-BCP, District 1 Chair: Patricia Giuliano Board Advisor: Maria Sturdy, District 14 TPJ Editor Megan Goor, TBLS-BCP TPJ Advertising Coordinator: Rhonda J. Brashears, CP, TBLS-BCP Procedures Manual Committee Chair: Lisa Pittman (President-Elect) 22
Paralegal Division 2021-2022 Leadership Texas Paralegal Journal Spring 2022 Membership Criteria - E-Group Compliance State Bar Appointments Ad Hoc Committee Chair: Megan Goor, TBLS-BCP State Bar of Texas Child Protection Section Board Advisor: Erica Anderson, ACP, District 7 Representative: Susi Boss Mentor Program Ad Hoc Committee State Bar of Texas Legal Services to the Chair: Jennifer Barnes, CP Poor in Civil Matters Board Advisor: Alice Lineberry, PLS, CP, District 4 Representative: Megan Goor, TBLS-BCP Paralegal Pulse-E-Newsletter State Bar of Texas Pro Bono Workgroup Chair: Javan Johnson, ACP, TBLS-BCP Representative: Stephanie Sterling, TBLS-BCP Board Advisor: Pam Snavely, ACP, District 12 State Bar of Texas Unauthorized Practice Of Law Pro Bono Ad Hoc Committee Committee-Northern Region District 6 Chair: Heather Ulliman Representative: Eugene Alcala Board Advisor: Kim Goldberg, TBLS-BCP, District 1 Texas Bar College Paralegal Division Representative Standing Rules and Bylaws Ad Hoc Committee Representative: Megan Goor, TBLS-BCP Chair - Shannon Shaw (Parliamentarian) Texas Judicial Committee On Student Liaison - Appointment Information Technology (JCIT) Chair - Elaine Simmons, CP Representative: Stephanie Sterling, TBLS-BCP Board Advisor: Eugene Alcala, District 2 Sustaining Member/Vendor Liaison Paralegal Division Coordinator Chair: Susy Johnson, TBLS-BCP Board Advisor: Shannon Shaw, District 10 Paralegal Division Coordinator, Rhonda Brashears, CP, TBLS-BCP, Amarillo TBLS Helpful Hints Ad Hoc Committee Chair: Javan Johnson, ACP, TBLS-BCP Board Advisor: Wayne Baker, RP, District 3 Texas Advanced Paralegal Seminar (TAPS) Planning Committee Chair: Edna Garza-Guerra, TBLS-BCP Board Advisor: Susi Boss Texas Bar College Application Review Chair: Megan Goor, TBLS-BCP Board Advisor: Pamela Snavely, ACP, District 12 23
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Texas Local Associations Honor Paralegal Division Members and Paralegal Day Celebrations Texas Paralegal Journal Spring 2022 TEXAS LOCAL ASSOCIATIONS HONOR PARALEGAL DIVISION MEMBERS AND PARALEGAL DAY CELEBRATIONS District 2 DALLAS AREA PARALEGAL ASSOCIATION 2021 PARALEGAL OF THE YEAR AWARD OCTAVIA GIADOLOR, CRP DAPA presents the Paralegal of the Year Award each year to the individual based on the following: a) Community Activities; b) General Work Experience; c) Involvement in Professional Organizations d) Professional & volunteer awards, appointments, District 1 offices, etc.; and e) Any other Houston Metropolitan Paralegal applicable activity or honor brought Association Board of Director, Anita to the attention of the Volunteer Hamilton, CP was the recipient of Selection Committee. For Year 2021, the Lonestar North Harris Adjunct DAPA presented the Paralegal of the Excellence Award. Year Award to Octavia Giadolor, CRP. Octavia has been a partner in a local Octavia Giadolor, CRP small business (W/MBE) since 2001. During the 15 years she was actively of their venture capitalist division, in involved in business ownership, a department named HEE Solar. In she obtained both her Bachelor and her role as Office Manager, Octavia Master’s degrees, as well as received oversaw the day to day operations of several certifications for Human the department. To add value to her Resources, Payroll, and Management. position, in 2018, Octavia decided to pursue her Paralegal certificate from In 2016, she decided to step aside from SMU. Upon successful completion her self-employment responsibilities of this program, she also obtained and joined Hunt Consolidated, a multi- her Intellectual Property Specialist Anita Hamilton billion dollar privately owned energy Certification from University of Texas firm headquartered in Dallas, TX. in Austin and began a role as an IP Octavia’s employment at Hunt began in Paralegal for HEE Solar. the Research & Development section 25
Texas Local Associations Honor Paralegal Division Members and Paralegal Day Celebrations Texas Paralegal Journal Spring 2022 In 2020, she was promoted to the responsibilities as well as acquired Octavia has been married to her role of Business Services Manager several additional keys roles that help husband, Godswill, for 21 years and they for Hunt Energy, the parent company ensure the success of the various have four children, Faith (18), Hope (17), of HEE Solar. In this position she has start-up ventures that are initiated Godswill II (14), and Gabriel (12). Octavia maintained her Paralegal within Hunt. is a Dallas native that currently resides in Lancaster, Texas. DALLAS AREA PARALEGAL ASSOCIATION 2021 PRESIDENT’S AWARD - LINDY DUFFNEY Each year DAPA’s President’s Award introduced to DAPA by attending the is awarded by the President to the Wendi Atwood Rogers Mentorship elected or appointed officer who, in Workshop where she first felt inspired the Presidents opinion, has made the to pursue a career as a paralegal. greatest impact on DAPA by supporting Lindy’s education includes having DAPA and the Board throughout the graduated magna cum laude with a year (the recipient of the President’s Bachelor’s degree in Political Science Award shall possess characteristics from Fayetteville State University, and such as integrity, professionalism and a graduate-level Paralegal Studies above all, dedication to DAPA). For certificate from Southern Methodist the Year 2021, DAPA presented the University. In conjunction with her President’s Award to Lindy Duffney. Paralegal Studies certificate, Lindy Lindy has provided detailed legal has continued to expand upon her support as a paralegal since November knowledge and passion of the legal 2019 by working through complex field by serving on the DAPA Board of litigation and transactional cases Directors since 2021. Lindy Duffney from beginning to end. Lindy was first DALLAS AREA PARALEGAL ASSOCIATION 2021 MICHELE M. BOERDER LIFETIME ACHIEVEMENT AWARD LISA LYNCH The purpose of the Michele M. Boerder presented the Lifetime Achievement Lifetime Achievement Award (the Award to Lisa Lynch, CRP. Lisa “Lifetime Achievement Award”) is to Lynch, CRP, CEDS currently works as recognize continued, longstanding an in-house paralegal for Cushman service to DAPA and contributions to and Wakefield, a global leader in the the overall paralegal profession. The commercial and multifamily real estate Lifetime Achievement Award was industry in Dallas, Texas. Her role inspired by the legacy of Michele M. focuses on litigation, eDiscovery and Boerder, CP, TBLS-Paralegal. The corporate governance. recipient of the Lifetime Achievement In 2015, Lisa was elected to the NFPA’s Award must have made a lasting legacy Board of Directors as its Vice President through his/her contributions to DAPA, and Director of Marketing. In this role the community and the paralegal she had many accomplishments, profession. For the Year 2021, DAPA including increasing non-dues revenue Lisa Lynch 26
Texas Local Associations Honor Paralegal Division Members and Paralegal Day Celebrations Texas Paralegal Journal Spring 2022 and brand awareness, modernizing the since 2004. She served as DAPA’s Lisa obtained her Paralegal Certificate design of National Paralegal Reporter, President in 2014 and held other from the Professional Development and co-chairing the committee that positions including President Elect, Institute at the University of North was instrumental in convincing the NFPA Primary, NFPA Secondary, Texas. In 2011, Lisa was certified by American Bar Association to change Vendor Advisor, as well as serving NFPA as a Core Registered Paralegal, its definition of a paralegal to no longer on many committees. She has also becoming one of the first 16 CRPs identify the term “legal assistant” been a CLE speaker at many DAPA in the State of Texas and initial 148 as synonymous with paralegal. In and student events. In 2014, Lisa was paralegals in the nation who passed 2019, Lisa was elected to the NFPA’s presented with the DAPA Paralegal of the pilot exam administered at 12 test Board of Directors as its Region II the Year Award. She is also a member sites across the country. Most recently, Director where she worked closely of Paralegal Division of the State Bar Lisa became CEDS certified through with the member associations in of Texas and sat on the El Centro ACEDS (Association of Certified Region II on issues affecting all Paralegal Advisory Board. eDiscovery Specialists). member associations. In 2021, Lisa Lisa participates in DAPA’s mentor/ The President will be the leader of was elected to the NFPA’s Board of protégé program and is a volunteer NFPA and a mentor for the paralegal Directors as its first President-Elect with the Dallas Volunteer Attorney profession. This individual will be where she works closely with the Program and other community service responsible to make daily, on-going President and learns the roles and programs benefiting non-profits such and long-term decisions regarding responsibilities to ensure continuity. as the North Texas Food Bank, Juliette NFPA’s overall effect on the profession Lisa has been involved with the Dallas Fowler, TangoTab and The Stewpot. and ensure these decisions are Area Paralegal Association (DAPA) implemented and monitored. District 3 2021 Recipient Gaston Award for Excellence in Legal Support/Texas Bar College JENA PARKER, CP *Originally published https://texasbarcollege. In addition to her nationally recognized com/awards/merianne-gaston-award-for- excellence-in-legal-support/ and printed with accreditation, Jena was on the board of permission of Texas Bar College the Texas Bar College for approximately Jena Parker has over 27 years of 10 years and has been a member of the experience as a criminal law paralegal. State Bar of Texas Paralegal Division Since 1997, Jena has been a certified for many years. Jena also joined the paralegal through the National Fort Worth Paralegal Association Association of Legal Assistants (FWPA) in 1992, serving on its board which the American Bar Association for 6 years, receiving nominations for recognizes as a designation of her “Paralegal of the Year” each year from ability to provide exceptional paralegal 2003-2006, and was elected President services and marking a “high level of of the FWPA in 2005. Jena’s “Paralegal Jena Parker, CP professional achievement” (www.nala. Profile” has been featured in West’s org). To maintain this highest level of Paralegal Today (Fourth edition, p 587), Jena was featured in the documentary national accreditation, Jena must fulfill and she was featured in the popular series Dallas DNA (Investigation ongoing educational requirements paralegal reference guide Lessons from Discovery Channel) for her work with mandating a minimum of 50 hours the Top Paralegal Experts: The 15 Most the Dallas County District Attorney’s of Continuing Legal Education (CLE) Successful Paralegals and What You Can Office Conviction Integrity Unit (CIU). every 5 years. Learn from Them by Carole Bruno. The CIU was the first of its kind in 27
Texas Local Associations Honor Paralegal Division Members and Paralegal Day Celebrations Texas Paralegal Journal Spring 2022 the United States, created to review 2011 when she returned to the private Jena currently works for renowned claims of actual innocence by those sector. In the subsequent years, the criminal defense attorneys Terri convicted of serious crimes, remedy groundbreaking work done by Jena Moore and Mike Ware, and for the wrongful convictions, reaffirm proper and her colleagues at the Dallas Innocence Project of Texas (where ones, and lobby the legislature to pass County CIU has been a model for Mike is Executive Director), a non‑profit laws to prevent wrongful convictions successfully reviewing the integrity organization that works to free the and minimize their impacts moving of convictions from within District wrongfully convicted statewide forward. Jena was the CIU paralegal Attorney’s Offices nationwide and, and assists with corresponding from its inception in 2007 through in some cases, overseas. efforts nationwide. FORT WORTH PARALEGAL ASSOCIATION PARALEGAL OF THE YEAR Congratulations to the 2021 Paralegal of the Year, Susan Davis! Ms. Davis is described a bright star bringing a smile, skills, and a “let’s do it” attitude to the office each and every day. Ms. Davis is well liked and respected by clients, who frequently comment about how the she is able to put them at ease with professionalism during the various phases of their cases, all while managing a heavy litigation docket, and accompanying attorneys to trial to assist at all phases on both the state and federal level. Susan Davis, TBLS-BCP 28
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