National Paralegal Exams – Should You Take Them?

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Recently I have had conversations with paralegals and paralegal students who are interested in taking one of the national paralegal exams. In a former life, I was the National Coordinator for PACE (the “Paralegal Advanced Competency Exam”) for the National Federation of Paralegal Associations (“NFPA”). I helped to design that exam in its beginning stages and wrote the legal writing section  of its Study Manual. So PACE and Registered Paralegals are what I know best.

I have many friends who have taken both the Certified Legal Assistant  exam created by the National Associations of Legal Assistants (“NALA”) and NFPA’s exam to become Registered Paralegals. Many went on to get further certification in other areas of law, e-discovery, or other fields.

It is not unusual these days to see non-lawyer professionals with long lists of initials after their name. Why are these folks spending the money and time to pass these tests? Maybe their employers asked or required the exams or training to meet their clients’ needs, and they needed someone with those skills. It happens, especially with firms that taken on massive e-discovery projects.

I think the best reason to invest the time and money (and they are not cheap) to take a national paralegal exam is to prove to oneself his or her expertise for their own gratification. Anything else that comes from it is gravy.

Do other paralegals who have passed these tests tell others that they are not really a legal assistant or paralegal if they do not take and pass these tests? Sometimes, I’m sorry to say that happens. I have never understood knocking someone else down to build yourself up, and that is the category where this nonsense belongs.

I am not going to say that one paralegal association’s test is better than another. Both NALA and NFPA have long since established the credentials and worth of their exams. That debate is over — or it should be.

My recommendation is to ignore anyone (other than your employer) who insists that you must take one of these tests to prove your worth or ability. Again, the best reason to take these tests is because you have decided – for your own reasons – that this is what you want. Those who have already passed the tests will hopefully encourage you and support your efforts.

What national test should you take? That is your call. If you are a paralegal worth your chops, you will do your own research and make your own decision after looking at all the pro’s and con’s. It is your money, your time, and your career. Who else should make that decision but you? -CCE

U.S. Supreme Court’s “Instruction Manual” on Class Action Litigation.

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Recent Developments For Litigation Risk Mitigation: The U.S. Supreme Court’s Prescription, by Daniel P. Shapiro, Katten Muchin Rosenman LLP  

(This piece is adapted from Daniel P. Shapiro’s article published in the November 2013, issue of AHLA Connections. © 2013 American Health Lawyers Association.)

Read Mr. Shapiro’s analysis of recent U.S. Supreme Court cases that have created an instruction manual of sorts for reducing litigation risks for American businesses, as stated below in the excerpt to his post.

There is a hyperlink at the end of the article that will take you to the original article. -CCE

 http://tinyurl.com/ldd7s2o

Over the past three years, since mid-2010, the Supreme Court has handed down a series of related decisions that, taken together, constitute an instruction manual for American business on how to reduce litigation risk. As the world has ‘flattened’ and trade has increasingly globalized and become borderless, it has been impossible to ignore that only in the U.S. economy is litigation such a prominent line item for business. This is particularly true with regard to class action litigation. No other country has the sort of class—or collective—action rules that the United States does. Perhaps in response to these facts, the Supreme Court has made it clear that through a combination of arbitration (as opposed to litigation) and class action waiver clauses properly used, businesses can contract out from under a great deal of litigation risk for the future and fundamentally change their litigation environment.

The new Supreme Court decisions offer instruction on how, exactly, to use arbitration clauses and class action waivers to mitigate litigation risk.

Indiana Takes On Liquidated Damages in Contract Law.

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Indiana Court of Appeals on Liquidated Damages, by Jeremy Telman, ContractsProf Blog

http://tinyurl.com/lqqbvpw

As you can see from the quote below, this is the fifth in this series. I encourage you to read the entire series to get the full big picture. -CCE

This is the fifth in a series of posts that draw on Michael Dorelli and Kimberly Cohen’s recent article in the Indiana Law Review on developments in contracts law in Indiana.

Is It Herein, Hereunder, Or Over Yonder?

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“Herein” (And I Need A Label For This Kind Of Ambiguity), by Ken Adams, Adams on Contract Drafting Blog

http://tinyurl.com/lg9nuer

Ken Adams explains why to avoid “herein,” “hereunder,” and antecedent ambiguity when drafting contracts. -CCE

I’ve previously entertained you with court opinions addressing confusion over what part of a contract is being referred to in a contract provision. Who can forget the confusion over a “hereunder”? (See this post). Or over “except as provided below”? (See this post.)

Well, I have another treat for you. (Yes, I know, I’m too generous.)

The case is Bayerische Landesbank, New York Branch v. Aladdin Capital Mgmt. LLC, 692 F.3d 42 (2d Cir. 2012) (PDF here). (I learned about it from this Paul Hastings newsletter.)

Jury Consultant’s Voir Dire Tips.

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Indirect Questions Reap Most Information in Oral Voir Dire, by Edward P. Schwartz, THE JURY BOX

http://tinyurl.com/lvbx2pz

In reviewing the traffic on my website recently, I was struck by how much more often one particular article was accessed than any other. I used to write a column on trial strategy for Lawyers USA (formerly Lawyers Weekly USA), and this particular article on voir dire strategy from 2006 seems to be very popular, even today. So, in the spirit of giving the public what it wants, here is that article in its entirety.

Oh Happy Day for Pennsylvania Personal Injury Plaintiffs.

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Appellate Case of First Impression – Future Medical Expenses Are To Be Included in Delay Damages Calculation, by Daniel E. Cummins, TORT TALK

http://www.torttalk.com/2014/02/appellate-case-of-first-impression.html

In a case of first impression, the Pennsylvania Superior Court recently ruled in Roth v. Ross and Erie Insurance Group, 977 MDA 2013, 2014 Pa. Super. 20 (Pa. Super. Feb. 7, 2014 Donohue, Ott, J.J., Platt, S.J.)(Opinion by Donohue, J.), that an award of future medical expenses in a personal injury case should be included in the calculation of delay damages due to the Plaintiff on a verdict. . . .

Will Kill Switches Stop Cell Phone Theft?

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Calif. Bill Would Require Cell Phone Kill Switches, by Angela Moscaritolo, PC Magazine

http://www.pcmag.com/article2/0,2817,2430471,00.asp

Cell phone theft is a growing problem, but a group of California lawmakers think they have a solution.

State Sen. Mark Leno (D-San Francisco) on Friday is expected to introduce legislation requiring all smartphones and tablets sold in the state to contain a so-called “kill switch,” which would render the device inoperable if it was lost or stolen. The bill, which is sponsored by San Francisco Attorney General George Gascón, would apply to any device sold after Jan. 1, 2015. . . .

Legal Ethics Head’s Up – Don’t Get Drunk, Move A Dead Body, And Lie To Police.

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Someone Died, Someone Lied, by Legal Profession Prof (Mike Frisch), Legal Profession Blog

http://tinyurl.com/p3vxrmw

A partner-shareholder has an adulterous affair with one of the firm’s associates who suffered from depression and alcohol abuse. From there, it sadly got worse. -CCE

How Do Jurors In A Recession Really Feel About The Financial Industry?

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Take This To The Bank: Jurors’ Evaluations Of Financial Industry Defendants During A Recession, by Jill Leibold Ph.D., Director, Jury Research, Elizabeth Babbitt, M.A., Consultant, and Louis A. Huber III, of Schlee, Huber, McMullen and Krause, LITIGATION INSIGHTS

http://tinyurl.com/nx84u56

[I]n the following article, published in DRI’s, For the Defense magazine, we wanted to evaluate biases in the way jurors would view banking or finance defendants. Given that almost all of Americans have felt they’ve been affected by the most recent recession, we conducted a study to gauge those positive or negative attitudes toward the financial industry as well as piece together how these issues could shape jurors’ perceptions toward banking and finance defendants come trial. . . .

Looking For An Excellent Legal Research Source?

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Zimmerman’s Research Guide – An Online Encyclopedia for Legal Researchers, by Andrew Zimmerman, LexisNexis®.

http://law.lexisnexis.com/infopro/zimmermans/default.aspx

If you have not already discovered Mr. Zimmerman’s Research Guide, please give yourself a treat. Mr. Zimmerman is a skilled and experienced research expert. He has been collecting and publishing research links and tips for many years.

If this is not already one of your Favorites, it should be. -CCE

Elder Abuse Resources From Medline Plus.

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Elder Abuse – Medline Plus, U.S. National Library of Medicine, National Institute of Health

http://www.nlm.nih.gov/medlineplus/elderabuse.html

One of the best resources on elder abuse I have found. Please scroll past the article to sign up for updates via email. Keep scrolling down to find many more online resources.

At the bottom of the page, you can get this as a mobile version, sign up to receive information by email or RSS feed, and/or follow on Twitter. -CCE

How to Clean Up Scanned PDF Documents.

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How to Erase and Clean-up a Scanned PDF in Acrobat XI, by Rick Borstein, Acrobat for Legal Professionals

http://tinyurl.com/mwb92n9

Has anyone ever made notes on the original and only copy of a .pdf document? Did you ever need to get remove staple holes, stray marks, or fax headers? Here’s how to do it. -CCE

A Judge’s Biting Response to Bad Briefs.

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The Bench Strikes Back, by Tiffany Johnson, Good Legal Writing

http://goodlegalwriting.com/2013/01/10/the-bench-strikes-back/

A judge does not like the quality of writing and analysis in attorneys’ briefs and tells them so. It isn’t pretty. -CCE

Forget Times New Roman! Courts Prefer More Readable, Professional Fonts.

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Legal Writing: Font Matters, by Jason Steed, Legal Solutions Blog

http://tinyurl.com/n5zv6z7

 I thought by now it was becoming common knowledge that lawyers should avoid using Times New Roman as the font for their legal documents. But I recently had a conversation with an experienced lawyer about font choices in appellate briefs, and this experienced lawyer was trying to tell me that font doesn’t matter. “Just leave it on Times New Roman,” the experienced lawyer said. “That’s what judges are used to; it’s what they expect. There’s no reason to shake it up.” And maybe this is true. Maybe judges, after seeing thousands of court filings, simply get “used to” and “expect” these briefs to look a certain way.

But that doesn’t mean that that’s how judges want things to be. In fact, there’s evidence to the contrary. . . .

The Legal Writing Debate on Footnotes Continues.

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The Never Ending Debate Over Citational Footnotes, by Raymond Ward, the (new) legal writer

http://tinyurl.com/lh3t2co

Mr. Ward gives us a brief overview in these two paragraphs. In the remainder of his post, Mr. Ward expands on his variations for citations in footnotes and the preferences of Fifth Circuit judges  I mean no disrespect to Mr. Garner, but if Mr. Ward gives advice on legal writing, I pay attention. -CCE

Who would have thought that, for over 13 years now, the most controversial subject among litigation-oriented legal writers would be the location of legal citations in footnotes versus in text? Back in the spring of 2001, a judge in an intermediate Louisiana appellate court, in writing the majority’s opinion in a case, put her legal citations in footnotes. This drew a concurring opinion from the chief judge (withdrawn before final publication), agreeing with the result but objecting to the use of footnotes for citations. So the author wrote her own concurring opinion defending her use of footnotes. The case is Ledet v. Seasafe, Inc., 783 So. 2d 611 (La. App. 3 Cir. 2001). The controversy stirred up by Ledet caught the attention of the New York Times. Here is my own little casenote on Ledet.

Fast-forward 13 years. Bryan Garner writes an article for the ABA Journal recommending the use of footnotes for legal citations—a position he’s held since I took my first Garner seminar in 1998. His fellow Texans Rich Phillips and Jason Steed write blog posts begging to differ. Different decade, pretty much the same debate.

Use Footnotes for Legal Citations?

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Garner Argues For Footnotes In Judicial Opinions, by Legal Writing Prof, Legal Writing Prof Blog

http://tinyurl.com/jwd8rpg

Count me as one who disagrees with putting citations in footnotes. Mr. Garner has advocated this position for some time, and he has won some converts.

When I am reading a brief or opinion, I want to look at the citation at the time I am reading the argument. The strength of the authority will influence how persuaded I will be by the argument. Because persuading the reader is basically what legal writing is all about, I do not want my reader to lose focus or be distracted in any way. For me, having to move my eyes down to a footnote to find the authority used for an argument would tedious and irritating. I am afraid that I will never agree with Mr. Garner on this point. -CCE

In his February ABA Journal column, Bryan Garner continues his long-running campaign for footnotes in judicial opinions. He argues that citations in the text make legal writing cumbersome. And he points out that while they might have been practical in the days of the typewriter, now “we can easily sweep those interruptions out of the way.”

Garner admits that not everyone agrees with him; so far, only a minority of judges has adopted his proposal. . . .

How to Stop Procrastinating And Top Time Management Tips From The Experts.

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Digital Edge Podcast – Time Management for Lawyers, by Jim Calloway, Jim Calloway’s Practice Tips Blog

http://tinyurl.com/kuandok

Meg Spencer Dixon pulled three consecutive all-nighters before she began pursuing time management as a career. Now, she is a consultant in task management for legal professionals. In this edition of  The Digital Edge – Lawyers and Technology podcast, Time Management for Lawyers, Sharon Nelson and Jim Calloway invite Dixon to discuss her top tips for legal professionals looking to master project management, how to stop procrastinating, and more.

LexisNexis® State Net® Offers Free Tool for Legislative and Regulation Research.

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LexisNexis® State Net® has a new—but very familiar—look (January 2014).

http://tinyurl.com/kv96ssz

Use this powerful tool by LexisNexis® to search and monitor legislative and regulatory activity. You do not need a LexisNexis® subscription to use this tool. Even if this is not an subject that you research regularly, please take a look.

Click on http://tinyurl.com/kv96ssz for the State Net Web Page. See more at: http://tinyurl.com/kkut66t. I recommend watching the short, but informative, video for an overview of how to use and get the most out of this resource. Yes, it also provides an App.

Features of this free service include:

Comprehensive Coverage. Access more than 150,000 legislative and 30,000 regulatory measures as they are considered in the United States, Puerto Rico and Washington, D.C. Confidently assess the impact of proposed measures with enriched resources including full bill text, sponsor biographies and links to affected statutes.

Timely Delivery of High-Integrity Data. Rely on accurate content from the United States, Puerto Rico and Washington, D.C., with fast-changing information reviewed, verified and reported within 24 hours of public availability. More than 50 editors with expertise in the unique procedures, processes, and document formats of the originating states perform rigorous quality control at every major stage.

Results-Oriented Reporting. Track and segment legislation and regulations you care about to produce customized reports that inform critical business decisions. Manage relevant measures along with supporting details and documents. Know when bills or regulations move and receive advance notice of hearings for measures you are tracking.

Highly Targeted Search Tools. Target relevant text and topics using proprietary search tools and hands-on issue screening.

Strategic Communication. Deliver meaningful and relevant information to your stakeholders. Simplify communication on complex issues with seamlessly integrated, State Net hosted Web content. Enable users to craft self-customized reports or generate updates on the fly.

Exceptional Client Service. Benefit from an entire team of professionals who understand your program, objectives and issues. More than 100 State Net service professionals are connected to your goals and committed to your success.

State Net® Mobile. Get up-to-date information on legislative developments and critical State Net® content while you’re on the go. We offer the ability to access, track and share our most important resources from any mobile device.

Why Doctors Stay Silent When They See Mistakes Made By Other Doctors.

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Why Doctors Stay Mum About Mistakes Their Colleagues Make, by Marshall Allen, ProPublica

http://tinyurl.com/q2tknhf

A video discussion about why doctors stay silent about this problem is at the end of this post. -CCE

Patients don’t always know when their doctor has made a medical error. But other doctors do.

Legal Research and Writing Resources Worth Bookmarking.

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8 Great Legal Research and Writing Resources and Blogs, by Cheryl Niemeier, Bose Law and Technology Blog

http://tinyurl.com/lje3ode

Experienced Trial Attorney Shares The Risks and Rewards Of Personal Injury Lawsuits.

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Why Lawsuits Are So Expensive, Pt. I, by Gregory H. Haubrich, Foshee & Yaffe, Butter’s Blog

http://tinyurl.com/mgq7pnl

You’d be surprised at how careful good personal injury lawyers are about what cases they take. In general the public thinks that we can take any person with any complaint and get them some of what our governor calls “jackpot justice.” In truth, the economics of our practice and the ethics of our profession require that we only take cases of serious injury that are objectively provable. We as plaintiff’s lawyers most often fund the expenses of our clients’ cases; otherwise they would not have access to the courts because court cases are expensive. However, if we invest in unsuccessful cases, the time and money we put into those cases will be lost.

Federal Government Is On Board The Eight Pending Lawsuits Against Health Management Associates Inc.

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Government Intervenes in Lawsuits Against Health Management Associates Inc. Hospital Chain Alleging Unnecessary Inpatient Admissions and Payment of Kickbacks, by Department of Justice, Office of Public Affairs

http://www.justice.gov/opa/pr/2014/January/14-civ-037.html

The government has intervened in eight False Claims Act lawsuits against Health Management Associates Inc. (HMA) alleging that HMA billed federal health care programs for medically unnecessary inpatient admissions from the emergency departments at HMA hospitals and paid remuneration to physicians in exchange for patient referrals, the Justice Department announced today.  The government also has joined in the allegations in one of these lawsuits that Gary Newsome, HMA’s former CEO, directed HMA’s corporate practice of pressuring emergency department physicians and hospital administrators to raise inpatient admission rates, regardless of medical necessity.  HMA operates 71 hospitals in 15 states: Alabama, Arkansas, Florida, Georgia, Kentucky, Mississippi, Missouri, North Carolina, Oklahoma, Pennsylvania, South Carolina, Tennessee, Texas, Washington and West Virginia.

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The lawsuits allege that HMA’s corporate officers, at the direction of Newsome, exerted significant pressure on doctors in the emergency department to admit patients who could have been placed in observation, treated as outpatients or discharged, and that this resulted in the submission of inflated or false claims to federal health care programs.  One lawsuit also alleges that patients were improperly admitted for scheduled surgical procedures that should have been done on an outpatient basis.  The complaints further allege that HMA paid kickbacks, either in the form of bonuses or awarded contracts, to physician groups staffing HMA emergency rooms to induce the physicians to admit patients unnecessarily. . . .  [Emphasis added.]

Is Your App A Data Hog? There’s An App For That.

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App of the Week: Know My App – Identify Data Hogging Apps, by Tim Baran, Legal Productivity

 http://tinyurl.com/ms6lw3s

Candy Crush Saga fans can breathe a sigh of relief! Candy Crush is not a data hog. -CCE

We’re departing from our weekly routine of featuring one mobile app to, well, featuring all mobile apps. Know My App is a web tool that shows the data hogging habits of popular iOS and Android apps.

Know My App calculates an app’s data usage based on a typical user. It’s an average rather than a specific user’s data usage.

 

JD Supra Changes Its Name and Scope.

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 New Tagline for JD Supra Underscores Business Focus, by Robert Ambrogi, Robert Ambrogi’s Law Sites

 http://tinyurl.com/kvpd6yc

Without any fanfare, JD Supra changed its tagline last month, to ‘JDSupra Business Advisor.’ The move emphasizes the company’s evolution from a simple aggregator of law-related content to a publisher, distributor and curator focused on delivering legal information to the business world.

Can Law Enforcement Search A Cell Phone Without A Warrant?

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Supreme Court Will Decide If Warrantless Cellphone Searches Are Constitutional, by Kwame Opam, The Verge

http://tinyurl.com/p7n2oqy

The United States Supreme Court will rule on two cases on whether a warrantless search of cell phones is legal under the Constitution. The U.S. Supreme Court’s decisions will impact Fourth Amendment search and seizure procedures for law enforcement – must police first obtain a search warrant to access the data on an arrestee’s cell phone? May a cell phone and its digital data be used as evidence?

At this time, both federal circuit courts and state supreme courts disagree as to whether the police can search a cell phone without a warrant. The Fourth, Fifth, and Seventh U.S. Court of Appeals, together with the Supreme Courts of Georgia, California, and Massachusetts say yes, they can. The First Circuit Court of Appeals and the Supreme Courts of Florida and Ohio disagree.

The courts are not the only ones paying close attention to the outcome of these two cases. Several organizations and others are concerned about maintaining privacy of digital devices and data. Law enforcement is in favor a final decision allowing warrantless searches on cell phones if there is probable cause.

The Supreme Court may rule as early as April 2014. -CCE