SPRING 2022 NO.4 | VOL.27 - Paralegal Division

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SPRING 2022 NO.4 | VOL.27 - Paralegal Division
Texas Paralegal Journal
Spring 2022

                          SPRING 2022
                           NO.4 | VOL. 27

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SPRING 2022 NO.4 | VOL.27 - Paralegal Division
Texas Paralegal Journal
    Spring 2022

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SPRING 2022 NO.4 | VOL.27 - Paralegal Division
Texas Paralegal Journal
Spring 2022

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SPRING 2022 NO.4 | VOL.27 - Paralegal Division
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

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SPRING 2022 NO.4 | VOL.27 - Paralegal Division
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

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SPRING 2022 NO.4 | VOL.27 - Paralegal Division
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.

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SPRING 2022 NO.4 | VOL.27 - Paralegal Division
Texas Paralegal Journal
Spring 2022

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SPRING 2022 NO.4 | VOL.27 - Paralegal Division
Texas Paralegal Journal
    Spring 2022

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SPRING 2022 NO.4 | VOL.27 - Paralegal Division
Texas Paralegal Journal
Spring 2022

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             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.

                                                                         

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SPRING 2022 NO.4 | VOL.27 - Paralegal Division
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.
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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
The Last STRAW
     Texas Paralegal Journal
     Spring 2022

15
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
Texas Paralegal Journal
Spring 2022

                          18
Texas Paralegal Journal
     Spring 2022

19
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

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Texas Paralegal Journal
Spring 2022

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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

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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

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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

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