ebraska a p ssociation aralegal in brief …...omaha, ne 68124 president’s message (con’t): we...

22
VOLUME IX, I SSUE V MAY/JUNE 2010 Spring has finally arrived in Nebraska!!! We were get- ting a little impatient but it is here and with it, came some very exciting news for NePA members! The most thrilling “nod” an organization can receive is to be chosen as the site of a National Convention and NePA has gotten that nod for 2011! We are so excited that Omaha and NePA have caught the eye of NALA and our Officers, Board of Directors, and members are looking for- ward to showing the rest of the Paralegal world how great NePA and Omaha really are! The Convention will be held at the Hilton on the River- front downtown and promises to be another excellent op- portunity for Paralegals from all over the country to gather and share their expertise and dedication to this amazing profession. Be sure and keep mid July 2011 open on your calendars – and don’t miss this rare opportunity to attend a National Convention right in our front yard!!! More information and details will be coming your way as the plans unfold. It’s been a busy year so far - the wonderful 2010 NePA Mid-Year Meeting at Ma- honey, Law Day 2010 and our monthly luncheons were all excellent events made available to NePA members this spring. In June, we will participate in the Relay for Life with our Legal Beagles team and raise money for cancer research as our charita- ble cause. If you missed any of these events, just hang on - - - there’s more to come and more opportunities this year to be involved. You don’t have to go far to find a NePA event that you can grab onto and be a part of! This is YOUR organization and (continued on page 2) FROM THE PRESIDENT: NEBRASKA PARALEGAL ASSOCIATION I I N N B B RIEF RIEF D D ISTRICT ISTRICT I D I D IRECTOR IRECTORL L AURIE AURIE S. V S. V IK IK , CP , CP www.nebraskaparalegal.org District 1 has been having a great year thus far. Our luncheon meetings held at the Holiday Inn Central have been attended by an average of 37 members per meeting and guests. The entire NePA organization con- tinues to grow and serving as District 1 Director has been a very rewarding experience for me personally. Over the past months we have enjoyed the fol- lowing speakers: (Continued on page 2) Board of Directors 3 District II 4 President Elect 5 NALA President NALA 6 7 Ask a Paralegal 8 Law Day 2010 Mentoring 9 10 2010 Spring Seminar 11 NALA Convention Flier 13 Scholarship Information 14 & 21 Inside this Issue: Job Flash 15 P.O. BOX 24943 Omaha, NE 68124

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Page 1: EBRASKA A P SSOCIATION ARALEGAL IN BRIEF …...Omaha, NE 68124 PRESIDENT’S MESSAGE (CON’T): we hope you take advantage of all of the perks we have to offer our members. Whether

VOLUME IX, ISSUE V

MAY/JUNE 2010

Spring has finally arrived in Nebraska!!! We were get-ting a little impatient but it is here and with it, came some very exciting news for NePA members!

The most thrilling “nod” an organization can receive is to be chosen as the site of a National Convention and NePA has gotten that nod for 2011! We are so excited that Omaha and NePA have caught the eye of NALA and our Officers, Board of Directors, and members are looking for-ward to showing the rest of the Paralegal world how great NePA and Omaha really are!

The Convention will be held at the Hilton on the River-front downtown and promises to be another excellent op-

portunity for Paralegals from all over the country to gather and share their expertise and dedication to this amazing profession. Be sure and keep mid July 2011 open on your calendars – and don’t miss this rare opportunity to attend a National Convention right in our front yard!!! More information and details will be coming your way as the plans unfold.

It’s been a busy year so far - the wonderful 2010 NePA Mid-Year Meeting at Ma-honey, Law Day 2010 and our monthly luncheons were all excellent events made available to NePA members this spring. In June, we will participate in the Relay for Life with our Legal Beagles team and raise money for cancer research as our charita-ble cause. If you missed any of these events, just hang on - - - there’s more to come and more opportunities this year to be involved. You don’t have to go far to find a NePA event that you can grab onto and be a part of! This is YOUR organization and

(continued on page 2) 17

FROM THE PRESIDENT:

NEBRASKA PARALEGAL

ASSOCIATION IINN BBRIEFRIEF

DDISTRICTISTRICT I DI DIRECTORIRECTOR—— LLAURIEAURIE S. VS. VIKIK, CP, CP

www.nebraskaparalegal.org

District 1 has been having a great year thus far. Our luncheon meetings held at the Holiday Inn Central have been attended by an average of 37 members per meeting and guests. The entire NePA organization con-tinues to grow and serving as District 1 Director has been a very rewarding experience for me personally.

Over the past months we have enjoyed the fol-lowing speakers: (Continued on page 2)

Board of

Directors

3

District II 4

President Elect 5

NALA President

NALA

6

7

Ask a Paralegal 8

Law Day 2010

Mentoring

9

10

2010 Spring Seminar

11

NALA Convention Flier

13

Scholarship Information

14 &

21

Inside this Issue:

Job Flash 15

P.O. BOX 24943

Omaha, NE 68124

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PRESIDENT’S MESSAGE (CON’T):

we hope you take advantage of all of the perks we have to offer our members. Whether it is attending a lunch-eon, a seminar or serving on a committee, we want you to feel you are an important part of NePA. Check our website at www.nebraskaparalegal.org and watch the In Brief to see what upcoming events - - - and meanwhile, enjoy this lovely spring in our great State of Nebraska!

Loretta Phillips, President

Page 2 Volume 8, Issue 2

At the October luncheon, we had a recap of the Recognition Breakfast from September 17th and asked the new 2009-2010 officers to stand and be recognized. Annette Dieteman was recognized with a pin for hav-ing achieved her CP status. All members who have achieved the CP or ACP status and did not receive a pin at the Recognition Breakfast were encouraged to contact Loretta Phillips.

In November, our own Christina Koch, NePA member and NALA Liaison, spoke about NALA’s LEAP pro-gram and her experiences with LEAP. Christina encouraged anyone who is interested to apply. Maren Hanson was recognized with a pin for having achieved her CP status.

In January, Dr. Jason Wiese, gave an interesting presentation on being well and how chiropractic medi-cine can fit into your lifestyle and wellness plan. February, Aimee Bataillon, attorney at Spencer Fane, gave a presentation on investigation tactics involving investigation of your client and/or third parties. March’s luncheon speaker was Gary W. George, Executive Director of Hospice House – The Josie Harper Residence.

NePA has continued the Economic Stimulus Package for luncheons this year, charging all attendees just $10.00. All District 1 luncheon speakers for the remainder of this year have been scheduled and are posted on the NePA web site. This is my final year as District 1 Director and I strongly encourage anyone who is interested in serving as District 1 Director to run for office in September. Please contact me if you have questions.

Our next District 1 meeting will be held on May 26, 2010. I hope you can all be there.

Respectfully submitted,

Laurie S. Vik, CP, District 1 Director

October John Friend, Douglas County Clerk of the District Court

“Enhancements to the District Clerk’s Office”

November Christina L. Koch, Advanced Certi-fied Paralegal – Trial Practice Spe-cialist

“LEAP: A Primer to Leadership”

January Dr. Jason Wiese “Relaxing The Ties That Bind” – Learning to Recognize and Release Stress

February Aimee Bataillon, Spencer Fane Britt & Browne LLP

“Leave no stone unturned: Finding interesting facts in interesting places”

March Gary W. George, Executive Director, Hospice House – The Josie Harper Residence

“A Place on the Journey: Hospice House-The Josie Harper Residence”

October John Friend, Douglas County Clerk of the District Court

“Enhancements to the District Clerk’s Office”

November Christina L. Koch, Advanced Certi-fied Paralegal – Trial Practice Spe-cialist

“LEAP: A Primer to Leadership”

January Dr. Jason Wiese “Relaxing The Ties That Bind” – Learning to Recognize and Release Stress

February Aimee Bataillon, Spencer Fane Britt & Browne LLP

“Leave no stone unturned: Finding interesting facts in interesting places”

March Gary W. George, Executive Director, Hospice House – The Josie Harper Residence

“A Place on the Journey: Hospice House-The Josie Harper Residence”

DISTRICT 1 DIRECTOR (CON’T):

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2009-2010 COMMITTEES

CLE/ Seminar: Chair – Alison Barthel CP

Members: Stephanie Henson ACP, Carla Larson, ACP Elece Raglin, Angel Engman CP, Laurie Montag CP, Mindy Mutahi CP & Carolyn Berke CP, Loretta Phillips

Audit Committee:

Kris McMahon CP, Mary Jo Schettler CP, Barbara Schmidt –

Library:

Ann Atkinson, ACP & Linda Hess, ACP

Membership:

Kim Hansen, Carla Larson, ACP. Tobi Honn

Official Publications:

Stephanie Henson ACP, Christina Koch ACP, Joyce Buller CP, Barbara Schmidt

Nominations & Elections:

Mieko Young CP, Janie Boswell, ACP

Student Services & Mentoring:

Caryn Redding, Jaci O’Brien ACP, Teresa Barnes CP, Angel Engman CP, Kalisha Reed CP

Student Scholarship:

Teri Gibbons, Laurie Vik CP

CLA Scholarship:

Kimberly Brown CP, Kalisha Reed CP, Alison Barthel CP

Web Site:

Kimberly Brown CP, Kylie Clayton CP & Misty Cowan

Jodie Gardner-Grandberry

Public Relations/NSBA Liaison:

Christina Koch, ACP Chair – Carla Larson, ACP

Law Day Poster Contest:

Loretta Phillips, Tom Tilden ACP, Judy Heiserman,

Kim Brown CP

CP Review Course Ad Hoc Committee:

Janie Boswell ACP, Loretta Phillips, Ann Atkinson ACP, Annette Dieteman CP

Board of Directors Meeting Dates

August 6, 2010—Kim Hansen

October 14, 2010—Spencer Fane

President

Loretta Phillips, City of Omaha, Law Depart-ment

President—Elect

Alison Barthel, CP, Gross & Welch

Vice President

Kim Hansen, Omaha World Herald

Secretary

Jaci O’Brien, ACP, Adesta, LLC

Treasurer

Teresa Barnes, CP, Gross & Welch

Parliamentarian

Kalisha Reed, CP, Legal Aid of Nebraska

NALA Liaison

Christina L. Koch, ACP, Inserra & Kelley

District 1 Director

Laurie S. Vik, CP, Kiewit Corporation

District 2 Director

Carla Larson, ACP, Cline Williams Wright Johnson & Oldfather, LLP

Web Administrator

Kim Brown, CP, Spencer Fane

Publications Editor

Stephanie Henson, ACP, Dial Companies

2009-2010 BOARD OF DIRECTORS

Page 3 VOLUME IX, ISSUE V

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Carla Larson , ACP

DISTRICT II DIRECTOR — CARLA LARSON, ACP

Page 4 VOLUME IX, ISSUE V

Make sure you take time to visit the website for pictures taken at the Mid Year

Seminar and Law Day.

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Volume 8, Issue 2 Page 5 VOLUME IX, ISSUE V

Alison Barthel, CP

PRESIDENT ELECT’S REPORT BY ALISON BARTHEL, CP

Spring is in the air and we have one more educational and entertaining seminar un-der our belts. The 2010 Spring Seminar presenters talked to a packed house on a vari-ety of topics. It was great to see all the familiar faces at the seminar. It was reward-ing to see many new faces. As chair of the Seminar Committee, I would like to thank the members of the Seminar Committee (Carolyn Berke, ACP; Angel Engman, CP; Stephanie Henson, ACP; Carla Larson, ACP; Laurie Montag, CP; Mindy Mutahi, CP; Loretta Phillips and Elece Raglin) for all of the hard work and extra efforts that were put forth to make it another successful seminar. I would especially like to thank our print-ing sponsor – D4 Nebraska, LLC and Karen Pennington as well as all of the other local businesses, law firms and corporate departments that so generously donated door prizes, cash and giveaways that helped make the seminar successful.

We are now looking forward to our Fall Seminar, which will be held September 16 and 17 at the Holiday Inn in Omaha. The committee is hard at work making the arrangements for another great educational and networking opportunity for our NePA members.

I have spoken to a number of members that have indicated their desire to get more involved in NePA but don’t have a lot of spare time. The commitment that we ask of our committee members really isn’t tremendous. I would encourage anyone who is thinking about getting more involved to contact the chairperson of the committee that sounds interesting to you. Find out what the committee actually does and what you can do to help. We can always use a helping hand – even if you can only help with one piece of the big puzzle. We have many great events to look forward to and the involve-ment and ideas of our members are what make the events great!

Respectfully submitted,

Alison Barthel, CP

Loretta Phillips, President and Christina Koch, ACP, NALA Liaison announce Linda Hess, ACP as the winner by unanimous vote for the

NALA 2010 Affiliates Award.

You’ve always been a winner with us—

Thanks for all you do!

Best Wishes

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Page 6 VOLUME IX, ISSUE V

Karen Greer McGee Elected NALA President

Karen Greer McGee, ACP, First Deputy Clerk for the Second Circuit Court of Appeal in Shreveport, and a member of both the Louisiana State Paralegal Association and the Northwest Louisiana Paralegal Association, has been elected President of NALA, The Association of Legal Assistants/Paralegals. She was elected for the 2010–11 term during the March 6 meeting of the NALA Board of Directors at the Association’s national headquarters in Tulsa, OK, and brings many years of leadership experience to her role as President. She will officially take of-fice in July at NALA’s 35th Annual Meeting in Jacksonville, FL.

She has said that her focus for her term of office is continued development of NALA’s top-quality educational and certification programs for all paralegals, and the greater use of technology to foster communication and involve-ment among NALA members. She will also be working with the NALA Board of Directors on ideas and programs to further serve the expectations of NALA members, and to advance the paralegal career field.

Ms. McGee has been a paralegal since 1988, earned the NALA Certified Paralegal credential in 1990, and earned her Advanced Certified Paralegal (ACP) in the field of civil litigation in 1994. She is a graduate of the Institute of Paralegal Studies at Louisiana State University, Shreveport, LA.

She is a past president and served in various leadership roles for both the Northwest Louisiana and Louisiana State Paralegal Associations. She was named Outstanding Paralegal of 1996 by the LSPA. She is also a member of the National Conference of Appellate Court Clerks.

Ms. McGee has been a member of the NALA Board of Directors since 1998, serving as Treasurer, Secretary, Second Vice President and First Vice President. She has also served as Chair of the NALA Certifying Board and the NALA Continuing Education Council.

The National Association of Legal Assistants has more than 6,500 individual members among approximately 18,000 paralegals represented through affiliated associations across the nation.

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Christina Koch, ACP

NALA Liaison

The Road to Omaha . . .

The last few months have been extremely exciting for both NALA and NePA. I am sure you have all heard the exciting news that NALA has chosen Omaha, Nebraska as the location of the 2011 National Convention! The Convention will be held at the Hilton Hotel located across from the Qwest Center on Wednesday, July 27, 2011 through Saturday, July 30, 2011. There will be a number of exciting oppor-tunities in the coming year for our members to become more actively involved in both NePA and NALA. Please help spread the word to paralegals who may not be mem-bers of NePA or NALA at this time.

Membership has its privileges and that includes discounted Convention fees for NALA Members. Now is an excellent time to review your memberships and invest in your career through membership in NALA. NALA has been an inspiration to our association, as well as many of our individual members, myself included. This is also an excellent opportunity for our local vendors to exhibit the benefits of their products and services. There will be outstanding educational programs and networking oppor-tunities with some of the best paralegals in the country, as well as a chance to see what other associations are offering their members. The fees for convention will be announced next year, however, please keep in mind that the membership meetings are free of charge to all NALA members and tickets to the social luncheon will also be available for purchase. The educational programs are excellent and I would encour-age each of you to try to attend the entire Convention. It is a unique and exhilarat-ing experience and our chance to showcase our association and Omaha!

While we patiently wait for next year’s NALA Convention in Omaha, NePA has a number of excellent opportunities to get involved with NALA. I am currently in the process of completing our Annual Report to NALA, which will be included on a CD-Rom offered to each association at the NALA Annual Convention in Jacksonville, Flor-ida this July. This year’s Convention is very special because it is the 35th Annual Con-vention for NALA. Some of the highlights of this year’s convention will be the Bank-rupty, Elder Law, and Veterans Law Institutes. NALA also will be supporting our troops by once again accepting donations and gifts for the troops. If you will be at-tending this year’s Convention, please send me an e-mail at [email protected] so I can touch base with you at the Convention! In addition, I will be providing “Omaha” lapel pins to wear at the Convention. You will also want to mark your calendar for the Convention Orientation Webinar, scheduled for June 23rd at 1:00 p.m. Central time. More information about this webinar can be found on the NALA website. If it is your first Convention, this Webinar will offer various tips regarding how to get the most out of your Convention experience!

Ann Atkinson will be a candidate for First Vice President this year, so if you are a NALA voting member and cannot attend the meeting this year, you may desig-nate another voting NALA member to cast your vote. A "Designation of Proxy" form is required to inform NALA that another member is authorized to cast your vote. The form will appear in the May/June issue of Facts & Findings, and you may also find a

copy on the NALA website at www.nala.org. Don’t forget to inform the voting mem-ber how you want them to cast your vote for each of the candidates. If you would

like (continued on page 7)

NALA CONNECTION—CHRISTINA L. KOCH, ACP

Page 7 VOLUME IX, ISSUE V

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VOLUME IX, ISSUE V Page 8

This e-mail was forwarded to me from Jan Wigodsky, paralegal at Rembolt Ludtke, LLP in Lincoln. Please di-rect your inquiries/suggestions to Jan at [email protected].

The Nebraska Bar’s annual estate/probate seminar is next March. Ramzi Hynek, an associate at our firm, is in charge of the seminar. One of the topics she is proposing is to have a panel answer questions posed by parale-gals. These questions would need to be submitted in advance and there is no guarantee that this topic will even be approved; however, here’s our chance to get questions researched and answered!

Right now I only have five questions to present to Ramzi and need a LOT more to give her and her committee to review. So, please email me any questions/general topics/comments, etc. that you would like to have discussed or reviewed. Even if you know the answers to questions, if you feel they are appropriate for discussion that’s great too. These should be topics within the scope of probate, estate planning, guardianship/conservatorship, trust admini-stration and elderlaw. Also, I would appreciate your forwarding this to as many other paralegals who work in this area to solicit their comments and questions as well.

Thanks for your help!!

AASKSK AA PPARALEGALARALEGAL . . .. . . PLEASE SUBMIT YOUR QUESTIONS OR COMMENTS FOR INPUT

ON A PROBLEM, QUESTION, OR IF YOU NEED ASSISTANCE WITH A PROJECT!

PLEASE RESPOND DIRECTLY TO THE REQUESTING PARTY.

to learn more about the LEAP program, please give me a call or visit their website at: http://www.nala.org/LEAP.aspx. Awards will also be given at Convention, including the NePA Affiliate Award, which will go to Linda Hess this year, per the unanimous vote at our Spring Seminar. Congratulations, Linda!

Lastly, there is some very exciting news about NALA’s voluntary certification program. In September of this year, the CP/CLA exam will be computer based, which can be taken at computer testing centers across the coun-try. What this means for our members is greater access to the testing. Testing will no longer be only three times per year and paralegals in rural areas will have greater access to the testing. For more information, please see the NALA website at www.nala.org. I am very excited by the number of new CP’s and ACP’s Nebraska has seen this year. Re-member that there are a number of new ACP programs, including the Personal Injury Courses. Additional programs are currently in development, so please watch your e-mail for more information!

I look forward to attending the Annual Convention in Jacksonville, Florida and hope to see many of you there. Join me in watching NALA grow and further advance our profession in the next year as we invite paralegals na-tionwide down the road to Omaha in 2011!!!

VOLUME IX, ISSUE V

NALA CONNECTION—CHRISTINA L. KOCH, ACP (CON’T)

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Page 9 VOLUME IX, ISSUE V

LAW DAY 2010 BY LORETTA PHILLIPS

“Law in the 21st Century: Enduring Traditions, Emerging Challenges” was the theme of this year’s Law Day activities. As the American Bar Association notes on its Law Day website, “As we begin the second dec-ade of the twenty-first century, the law is changing dra-matically as it seeks to shape and adapt to new condi-tions. Economic markets are becoming global, transac-tions require cultural adaptation and understanding, as populations are more mobile and communication tech-nologies such as the Internet, bridge distances and time zones to form new communities around the world.”

This year, Nebraska Attorney General Jon Bruning was the featured speaker at the Law Day Luncheon. He spoke on the challenges of enforcing our state laws in light of the pace of changing technology. He words were shockingly true – and were words that needed to be said in light of our young people and their access to electronic media. A resulting focus by the legal com-munity has become the protection of our children from

predators, illegal activities and their own fascination with their cell phones, texting and other media. Attorney General Bruning did an excellent job of educating his audience on the new state laws and ongoing enforcement of those laws to protect everyone in this day of social electronic media.

In addition, awards were presented to distinguished members of our community for their contributions and achievements to the Omaha legal community. The OBA Life Time Achievement Award was given to Harold L. Rock, of Kutak Rock. Public Service Awards were given to the Honorable Douglas F. Johnson (lawyer service award) and John Dougherty (non- lawyer service award).

NePA’s contribution to the Law Day activities was the coordination of the Poster Contest sponsored by the Omaha Bar Association. NePA’s Law Day committee members, Kim Brown, CP, Tom Tilden, ACP; Judy Heiserman and Loretta Phillips did an excellent job of organizing the many facets of the contest and NePA is grateful for their hard work!

Fifth grade students from Omaha public and parochial schools were invited to participate and from over 100 entries, 3 winners were chosen to be recognized at the Law Day Luncheon. The winners were Grace Wagner – 1st place, Brooklyn Linderman – 2nd place and Teresa Otter – 3rd place. All three students attend St. James/Seton School and were accompanied at the luncheon by their parents, teacher and principal. Loretta Phillips, President of NePA, presented awards to the students who all received OBA Certificates and savings bonds. The first place win-ner, Grace Wagner, also received a family membership to the Joslyn Art Museum and the honor of having her poster displayed at 77th & Dodge.

NePA members in attendance at the luncheon were President, Loretta Phillips; President-Elect, Alison Barthel, CP; Publications Chair, Stephanie Henson, ACP; NALA Liaison, Christina Koch, ACP; District II Director, Carla Lar-son, ACP; District II member, Patti Dittmann, CP; Treasurer, Teresa Barnes, CP; Web Site Administrator, Kimberly Brown, CP; and Parliamentarian, Kalisha Reed, CP.

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Page 10 VOLUME IX, ISSUE V

STUDENT SERVICES AND MENTORING COMMITTEE

The Student Services and Mentoring Committee is

asking members to consider volunteering to mentor

students. The amount of time is minimal on a

quarterly basis. Students may need help with

typing a resume, have questions

about the legal field or paralegal

duties. We have several

applications requesting assistance

from NePA. Please fill out the

volunteer application,

which can be found on our

website and forward your

application to

Teresa Barnes, at your earliest convenience.

This is a priceless opportunity for NePA and

for you to assist students (of all ages) in developing

their professional career.

Please respond by June 4th if possible.

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Page 11 VOLUME IX, ISSUE V

2010 SPRING SEMINAR by Joyce Buller, CP

NePA members gathered on April 16th at Mahoney State Park in Ashland, Nebraska for the Mid-Year meet-ing and Spring Seminar. 67 seminar attendees benefited from the expertise of 4 Professionals, who covered the top-ics of employment law, legal ethics, handwriting analysis, and arbitration.

The first speaker was Patrick M. Flood, a partner in the law firm of Hotz, Weaver, Flood, Breitkreutz & Grant. He primarily practices in the area of labor and employment law. The speaker discussed the Employment at Will doctrine, which is applicable in Nebraska. This doctrine says employees can be fired at any time for any reason with or without cause. Mr. Flood elaborated on the exceptions to this employment at will doctrine. Any employment which is covered by a contract is not subject to the the employment at will doctrine. Positions commonly covered under an employment contract include executives, teachers, and Union employees.

If an employee’s termination falls into a protected category there is a public policy exception to the em-ployment at will doctrine. Protected includes being a member of a protected class i.e. race, gender, marital status, creed. Protection also applies when one is being required by his/her employer to do something illegal. A few exam-ples of these exceptions include an employee at an Auto sales operation who refuses to tamper with the odometer on a used car, or a nursing home employee who reports patient abuse and then is fired after reporting said abuse. Also, if you are terminated because you as an employee have filed a workers’ compensation claim the employment at will doctrine does not apply, because this too is a protected category.

Another facet to employment law includes covenants not to compete. These types of agreements are com-mon in the sales industry and dictate when a former employee of a certain company leaves he/she will not compete against the former employer for a given length of time in a certain geographical area. This covenant is enforceable regardless of the reason why the employee left the former employer. The key to non-compete agreements is that they not be overly broad. An example of a valid covenant to not compete would include language stating after leav-ing employment at a particular insurance office said former employee can not hold the same type of insurance sales job for a competing insurance company for two years within the same geographical radius where one previously worked.

The next presentation was an Ethics Update by Sally Bisson, Esq. Associate Professor of Paralegal Studies at the College of Saint Mary. Ms. Bisson spoke about UPL- unauthorized practice of law. The keys to not engaging in the unauthorized practice of law include:

*never give independent legal advice

*never negotiate the legal rights of another person or entity

*never appear before the court-unless authorized by court/agency rules

It is acceptable for a Paralegal to relay to the client exactly what the supervising attorney’s legal advice is, as long as the attorney has authorized the Paralegal to do so, and the Paralegal does not interpret or expand upon the legal advice which the attorney authorized be relayed.

Paralegals need to identify themselves as such and stress in written and oral communications their non-attorney status. Rules governing UPL are designed to protect the public interest. The Nebraska Bar Association has a counsel on UPL and the Nebraska Supreme Court has the final say on what constitutes UPL.

Paralegals should consider these resources when seeking information on ethics

-opinions release by the Nebraska state bar association

-Articles in Professional Publications like NALA’s Facts and Findings and Paralegal Today

Ms. Bisson brought up the topic of social networking and legal ethics. She advised it is considered unethicaland deceptive for a paralegal to “friend” a third party witness via an internet social medium like Facebook.

(continued on page 10)

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Page 12 VOLUME IX, ISSUE V

2010 SPRING SEMINAR by Joyce Buller, CP (con’t) Advances in technology, such as social networking websites mean Legal professionals need to be extra vigilant of ethics.

The third speaker of the day was Sylvia Kessler. Ms. Kessler emphasized handwriting reveals numerous information about one’s personality. An in-depth hand writing analysis that examines 400 formations of letters is necessary to fully evaluate one’s personality, however Ms. Kessler offered a crash course in handwriting analysis.

Seminar participants learned the following: the smaller the handwriting of the individual the better an in-dividual’s ability to be detail oriented. One’s ability to pay attention to detail is revealed in how close the dot in the lowercase cursive letter “i” is to the “i” stem. The closer the dot to the stem the stronger one’s concentration and memory abilities. The larger the space is, in the loop of the lowercase cursive “d” the more sensitive to communi-cation feedback one is. The higher the “t bar” is placed on the lowercase “t” stem the higher one’s goals and self-image.

Ms. Kessler stressed the traits for potential behavior will show up in a writing sample even before there is no actual evidence of the behavior at the time a person gives his/her writing sample. Additionally, Seminar atten-dees had the chance to analyze her/his own handwriting and ask questions of Ms. Kessler. The key message from the presentation is that handwriting is a reflection of what is going on in one’s mind/body. If you change your writing you will change your mind, if you change your mind it will change your writing.

The last speaker was Attorney Matthew Ellis, Assistant General Counsel at Woodmen of the World Life Insurance Company. He presented on the topic of Arbitration. Arbitration is an alternative Dispute Resolution mechanism. Each party to the dispute agrees to the Arbitrator or Arbitration panel and agrees to be bound by the outcome of the Arbitration proceeding. The pros for Arbitration include: the speediness to a resolution, that the proceedings are confidential, and the Arbitration format is more flexible than traditional litigation. Some of the drawbacks to Arbitration include the expense, especially when the dispute is minor, the reality that some people view arbitration as an unfavorable method to resolve to disputes. This is can be especially true if a party previ-ously used arbitration, and was not pleased with the result.

Arbitration is a self governing activity, in the sense that there is no body one can appeal to if the arbitra-tor rules against your position. The arbitration proceedings also provide simpler evidentiary and procedural rules compared to an issue tried before the court. Unlike mediation arbitration is considered binding. Arbitration does move quicker because the parties attend a Pre-hearing conference, attend the Arbitration conference, and obtain the Arbitrator’s ruling. Typically, Arbitrators are retired Judges, or lawyers, although sometimes subject matter experts outside the legal field can serve as an Arbitrator.

Drawing upon his own experiences at Woodmen of the World, Attorney Ellis explained generally his com-pany has found arbitration to be effective. If a customer’s issue can not be resolved via Woodmen’s internal dis-pute resolution department the customer is required to use arbitration to resolve the matter. Arbitration allows customers to be heard and tell his/her side of the story. Woodman of the World also pays the full cost of arbitra-tion proceedings if the customer represents himself/herself at the arbitration hearing. Because of the informal and less adversarial environment of arbitration, a business like Woodmen is more likely to retain an upset customer. Note for more information on arbitration visit the Web site for the American Arbitration Association at http://www.adr.org

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JOB FLASH Welcome to NePA's JOB FLASH! Please see below for the hottest jobs

in Nebraska today!

If you know of a paralegal or legal assistant position open in Nebraska or surrounding states, please forward the position information to the Website Administrator, Kim Brown, at [email protected] or call me at 402.965.8600 – and the Website Committee will post it on NePA's web site and include it in the In Brief! Please contact me with any questions or concerns.

OMAHA - PARALEGAL

Four-person, downtown Omaha litigation firm seeking experienced family law paralegal to sup-port two attorneys’ general civil and family law practices. Qualified candidates must have experience drafting pleadings, preparing and responding to discovery requests, conferring with clients to obtain information necessary to prepare affidavits and exhibits for hearings and trials, and other related tasks. Successful candidate will be a self-starter with demonstrated initiative to perform tasks efficiently and independently, who also possesses good communication skills and great attention to detail. Superior organizational skills a plus.

This position is full time and is open immediately. Firm offers 401k with matching and paid time off, paid covered parking, as well as competitive hourly wage. Please forward resume to [email protected].

OMAHA - PARALEGAL

Small firm that focuses on injury, family, and criminal law seeks a qualified paralegal to assist in those areas. However, the paralegal's primary area of focus will be injury litigation.

Our firm strongly desires a paralegal with experience drafting pleadings, responding to discov-ery, and other related tasks. Attention to detail is of the utmost importance, and a qualified applicant's ability to pay attention to detail and to use proper grammar and punctuation should be reflected in the applicant's resume and cover letter. Spanish speaking is a plus, but is not a requirement.

This position is open immediately, and we look forward to meeting with qualified applicants. Please respond to [email protected].

OMAHA - LEGAL SECRETARY

Computer literate, general practice, part-time legal secretary in Omaha. Approximately 10-20 hours per week. Can accommodate work schedules, flexible hours at your convenience. Fax resume to 402-551-1377. If you have any questions, please call attorney Norm Denenberg at (402) 551-5540, ext 12.

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PAPILLION - LITIGATION PARALEGAL

Adams & Sullivan, P.C., a rapidly-growing law firm in Papillion, Nebraska, is currently looking for a litigation paralegal to primarily assist the firm’s two litigation attorneys. Specific duties would entail respond-ing to and issuing written discovery, document and records organization, drafting and filing of pleadings, docket management, and trial support. Areas of litigation would include personal injury, workers’ compensa-tion, family law, and general civil and commercial litigation. This position requires a minimum of three (3) years experience in these specific areas. Must have a friendly, personable and team-oriented attitude. Salary is negotiable based upon experience and skill-set. Benefits include contribution towards health insurance, 401(k) plan, on-site fitness center, a great working environment, and many other great perks. Please submit re-sume and references to [email protected].

OMAHA - PARALEGAL

Put your legal knowledge to work in this new and exciting opportunity!

In this paralegal role you will provide legal support to attorneys on Iowa and Nebraska Workers' Com-pensation and Civil Litigation matters, with moderate supervision. Support internal and external business process efforts, assisting attorneys and clients. Develop a working knowledge of company resources sufficient to facilitate document management, respond to requests and inquiries, and interact with clients and policy-holders. Conduct basic legal and factual research. Assist in drafting documents, analyzing facts and recogniz-ing legal and business issues.

As a world leader in the staffing industry, Adecco provides an excellent benefits package including immediate insurance coverage for medical, dental, vision, long and short term disability and life insurance, 401k, paid holidays and an annual service bonus. Join the Adecco team today and enjoy a rewarding employ-ment experience.

Experience: This position requires an undergraduate degree, Iowa and Nebraska Workers' Compen-sation litigation experience, 3 years experience in insurance and 3 years working in law.

Salary Low: $18.00 Salary High: $30.00 Wage Type: Hourly Education Level: Bachelor Years Experience: 3-5 Years Travel: None Relocate: No Sponsorship: No To apply contact: Ashley Wendlandt Adecco Employment Services Staffing Consultant 11919 "P" Street Suite C Omaha, NE 68137 (402) 895-2776 [email protected]

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OMAHA - TITLE INSURANCE ADMINISTRATIVE ASSISTANT

Location: Omaha, NE

FLSA Status: Exempt

Salary: $30-$35K+ depending on experience

Position Purpose: Support several attorneys with basic administrative duties. Ideal candidate will have ex-perience in real estate, mortgage industry, title insurance/claims/deeds and/or litigation.

Essential Duties and Responsibilities: Receive, examine and abstract records Research and investigate facts for attorneys Advise customers of status, defects and requirements for issuing title insurance Prepare written correspondence Monitor flow of documents Meet company policies, procedures and processing requirement Communicates with other internal departments Other duties as deemed necessary for reaching goals Knowledge, Skills, Abilities Required: Knowledge of real estate law, examining and underwriting policies/procedures and/or title insurance Ability to compile and interpret information Knowledge of sound business practices Skill in problem solving and analytical thinking Skill to communicate in written and oral manner Ability to be detail oriented, organized, multi task, and work independently Ability to work effectively as a team member Ability comply with measurable standards Proficient in Microsoft Word, Excel and Outlook Professional demeanor and meticulous attention to detail Ability work fast paced environment Education and Experience Required: One plus years experience in mortgage loans processing, closing or title insurance Paralegal experience plus Work Schedule: Monday through Friday 8:00 AM to 5:00 PM

Benefits: Vacation – 2 weeks – 5 sick days – paid holidays Insurance – 3 month waiting period, employer pays significant portion Short – Long term disability Stock purchase options Please forward resume to: Scharlie Fitts –Recruiting Coach [email protected] Office: 402-896-2478, Mobile: 402-681-8690, Fax: 402-891-8100

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COMMUNITY ACTION

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COMMUNITY ACTION

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COMMUNITY ACTION

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OFFERED BY

NEBRASKA PARALEGAL ASSOCIATION Application Deadline –August 1, 2010

Eligibility Requirements: 1. Applicant must be enrolled in a Paralegal Program.

2. Applicant must be registered for 6 or more credit hours.

3. Applicant must be a Nebraska resident.

For details, please contact: Teri Gibbons, Scholarship Chairman

by mail at NePA, PO Box 24943, Omaha NE 68124

by phone at

(402) 343-3748

or by email at

[email protected]

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