mala moments - wild apricot · the mala library check out list has been updated on the mala...

Notice of Business Meeting

Proposed By-Laws

Article—”Conducting Effective Client Interviews”

Article—”Utilizing Contract Attorneys for Document Re-

view”

Article—”5 Tips to Make You a More Efficient and Pro-

ductive Paralegal”

What’s Inside?

MALA MOMENTS

D e c e m b e r 2 0 1 7 E d i t i o n

A P U B L I C A T I O N O F T H E M O N T A N A A S S O C I A T I O N O F

L E G A L A S S I S T A N T S * P A R A L E G A L S A N A F F I L I A T E

INSIDE THIS ISSUE

President’s Message ....................... 2

Meeting Notice .................................. 3

VP Report ............................................ 4

Library Update ................................. 4

Voting Proxy ...................................... 5

Treasurer Report ............................. 6

Client Interviews Article .............. 7

Member Spotlight ............................ 8

Quarterly Minutes ........................... 9

Member Spotlight ............................ 12

Contract Attorney Article ............ 14

Puzzle .................................................... 20

NALA Liaison Report ..................... 21

Recipe Corner.................................... 24

Tip for Paralegals Article ............. 25

Board of Directors........................... 26

Puzzle Answer .................................. 27

Proposed By-Laws .......................... 28

Oh, where has the time gone? It seems like just yesterday that I was writing my

first President’s Message and now it’s almost Christmas and the Annual Seminar

Committee is starting to plan MALA’s 2018 Annual Meeting & Seminar. It doesn’t seem possi-

ble that it’s been almost a year since I stepped into the role as MALA President, but I can honest-

ly say, while it hasn’t been without its challenges, I have thoroughly enjoyed my time so far.

I know everyone’s lives are CRAZY busy with work, family, and the holidays, but I would encour-

age everyone to take some time for yourself this holiday season to find balance, peace and let go

of some stress that we all have in our busy lives.

And while everyone is busy, this is also the time of year of giving and being grateful for what you

have. This holiday season and every day after, I challenge each of you to give to the extent you

can. Whether that is financially, emotionally, or through service to others less fortunate than you.

Think about serving food at a shelter, collect items of warmth (coats, boots, gloves) for those

without a roof over their head, adopt a family for the holidays, or place money on a child’s lunch

account so that child can enjoy a hot lunch and their parents don’t have an added financial burden

to worry about during Christmas. The littlest of gestures can go a long way in someone’s life.

I encourage you all to participate in the upcoming telephonic Quarterly Business Meeting on

December 19, 2017 at 12:00 pm. Since we have not had quorum during the past two meetings,

we were unable to approve meeting minutes or move forward on anything that requires a vote. It

is imperative that that if you cannot attend, please use the proxy so that we can have quorum to

vote on necessary items.

I would also ask that you please take note of the Proposed By-Laws within the newsletter. Please

review prior to our next meeting so we may vote on these changes. These changes are simply to

clean up the language in the By-Laws. But there is an addition, and that is the changing of the

required quorum number. The By-Law Committee has drafted language to change our quorum

from one-fourth of our membership to read “a majority of those members present at any given

meeting.” This change is to benefit our organization so that there is no further concern whether

there are enough members present at a meeting in order to conduct the necessary business to run

our association.

I want to wish everyone a happy holiday season!!!

Terry Hale, ACP President

President’s Message

By Terry Hale, ACP

NOTICE OF BUSINESS MEETING

MALA’S QUARTERLY BUSINESS MEETING

Tuesday, December 19, 2017

12:00 pm—1:00 pm

Telephonic Only

Call-in Information:

Please join my meeting from your computer, tablet or smartphone.

https://global.gotomeeting.com/join/110105061

You can also dial in using your phone.

United States (Toll Free): 1 877 739 5902

United States: +1 (312) 757-3117

Access Code: 110-105-061

Joining from a video-conferencing room or system?

Dial: 67.217.95.2##110105061

Cisco devices: [email protected]

First GoToMeeting? Let's do a quick system check:https://link.gotomeeting.com/

system-check

If you are unable to attend, be sure to complete and send in a Proxy Voting Form

(Page 5) to ensure we have a voting quorum.

https://global.gotomeeting.com/join/110105061

https://link.gotomeeting.com/system-check

https://link.gotomeeting.com/system-check

Vice President Report

By Heather Bienvenue, CP

If you are unable to attend

the meeting on December

19, 2017, be sure to com-

plete and return a Proxy to

Amanda Hewitt no later

than December 15, 2017 at

[email protected]

Proxy form can be found

on Page 5.

MALA currently has 119 members which includes 45 new members;

72 renewed members and 2 student members.

President Terry Hale, ACP and myself met with the membership commit-

tee in October. The committee has reviewed the current membership ap-

plication and have proposed changes to streamline the application. I need

to revisit the application and make final adjustments based on the

committee’s recommendations . Thank you to all committee members for

their input and work on this project.

If you are not part of the membership committee but have an idea you

would like to share, please reach out to me at [email protected].

Respectfully submitted,

Heather Bienvenue, CP

Vice President

Library Update!!!

The MALA Library check out list has been updated on the MALA web-

site. All titles prior to 2007 have been removed and will be destroyed

as they are outdated and some of the recordings no longer work. I

have added several new CLE’s which include:

Judgment & Collection—June 9, 2016

Criminal Law—July 13, 2016

Ergonomics—June 14, 2017

LLLT Seminar—July 12, 2017

E-Discovery—August 9, 2017

New CP Exam—August 30, 2017

And a gentle reminder for anyone who has checked out CD’s—if you

are no longer using them, please return them to me. My address is

3168 Oliver Street, Bozeman, MT 59718.

mailto:[email protected]

DESIGNATION OF PROXY

I, __________________________ an active MALA member, hereby appoint

________________________________, an active MALA member, to serve as my proxyholder

at the MALA Quarterly Meeting on Friday, December15, 2017.

Dated this ____ day of December, 2017.

___________________________ Signature Email to: Amanda Hewitt Parliamentarian [email protected] Mail Original to: MALA Attn: Amanda Hewitt PO Box 9016 Missoula, MT 59807-9016


Treasurer’s Report

by Stephanie Spokas

Montana Association of Legal Assistants * Paralegals

Treasurer's Report

September 1, 2017 - October 31, 2017

Account Balances

As of October 31, 2017

BANK ACCOUNTS

Checking 2,555.03

Savings 17,714.69

Total Bank Accounts $ 20,269.72

Total Current Assets $ 20,269.72

TOTAL ASSETS $ 20,269.72

REVENUE

CLE

2017/09 September 252.95

2017/10 October (CP Review) 1,282.35

Total CLE $ 1,535.30

Library Rental 40.00

Membership Dues 123.92

TOTAL REVENUE $ 1,699.22

CLE EXPENSES - CP Review

Reimburse CLE Registration 85.00

CMON Inn - Meeting Venue 131.60

Docs Gourmet - Lunch 161.11

Wal Mart - Food 43.07

Amazon - Elements of Style 76.65

TOTAL CLE EXPENSES $ 497.43

GROSS PROFIT $ 1,201.79

OTHER EXPENDITURES

GoTo Meeting 134.62

NALA Membership 115.00

Office Expenses 70.39

Quickbooks 175.00

Wild Apricot 80.88

TOTAL EXPENDITURES $ 575.89

NET OPERATING REVENUE $ 625.90

Other Revenue

Interest Earned 2.96

Total Other Revenue $ 2.96

Net Other Revenue $ 2.96

NET REVENUE $ 628.86

Conducting Effective Client Interviews Paralegal Resource

June 27, 2014 — 4,550 views

Conducting Effective Client Interviews

You will be conducting two essential types of interviews with clients: the intake interview and a follow- up interview.

Both are important for establishing and maintaining effective client communication during the course of the client's

case.

Preparing for the client interview:

Before the interview, you will need to gather all documents related to the client and their case. Since this type of

interview is a fact gathering process to acquire enough information for the attorney handling the case to find a solu-

tion for the client, you will need to gather any documents or required forms (including consent forms to release

medical information or federal income) that are needed for the case to proceed.

While it is not necessary for you to know all aspects related to the case, it is important for you to be knowledgeable

about the documents related to the case. Doing background research before the client arrives will allow you to cre-

ate effective prepared questions and will put the client more at ease.

Conducting the interview:

Throughout the interview, you should maintain a friendly and professional tone. Since the client will be disclosing

traumatic or personal information, it is your responsibility to make her feel at ease during the interview. You are

responsible for building trust and rapport with the client, and during your time with her you are the face of your

firm.

Explain to the client that you are there to gather facts, and that you will only be talking about facts pertinent to the

case. It's important that the client states the facts surrounding the case in their own words, avoiding legal jargon.

Refrain from speaking as though you were talking to a friend. Avoid telling similar stories from your past, and avoid

giving any advice to the client. While you should avoid giving false promises to the client, keep a positive attitude

towards the case and refrain from speaking negatively about any parties involved in the case, even if your inten-

tions are to sympathize with the client.

Documentation

During the interview, the client will review the forms that you have prepared for her to sign and review any docu-

ments your firm currently has regarding the case.

You will also be documenting the information the client gives to you during the client interview. Take detailed notes

about what is said during the interview, since the information is important to building and furthering the case. After

the interview is over, you can ask questions and ask for clarification while the information is still fresh in the client's

mind.

Follow-up:

Your follow-up will usually be a separate interview where you ask follow-up questions or speak with the client about

aspects of their case that have changed since their last client interview.

No matter how meticulously you kept notes during the intake interview, there will usually be come clarifications and

questions that come up after the client interview is concluded. The follow-up interview will allow you to ask addi-

tional questions of the client. Since you have established a friendly and professional rapport with the client during

the intake interview, she will see you as a friendly face.

(Reprinted with the permission of The Paralegal Resource)

http://www.theparalegalresource.com/articles/view.php?article_id=14679&page_number=1


MEMBER SPOTLIGHT

SHIRLEY ROBINETT KNIGHTON “The journey is sometimes more important than the destination.” In 1975, I was determined to follow the art path. However, destiny had

another plan. I married and had two children and my art education was

put on hold. I was a stay-at-home mom until 1989 when I started

cleaning houses. One client was an attorney, Marcie Quist. She liked

my work ethic and convinced me to be her legal secretary. Although I

had no experience in the legal field, Marcie was confident in my abili-

ties.

It has been an interesting journey. With Marcie’s support and encour-

agement, I joined the Association of Legal Secretaries. I held numer-

ous positions in the local association, participated in hundreds of con-

tinuing legal education seminars and, within five years, earned my cer-

tification as a professional legal secretary. Two years later, the Mon-

tana Association of Legal Secretaries, awarded me with the prestigious

Montana Award of Excellence, an annual award given to one recipient

in the state of Montana. When Marcie moved out of state, I worked at

several law firms. However, when I saw the need in the legal commu-

nity for temporary legal secretary/paralegal services for attorneys, I

formed PLS Services. The flexible schedule allowed me to attend col-

lege. With perseverance and dedication, I earned a bachelor of fine arts

degree in graphic design from MSU-Bozeman in 2006.

I am an avid artist and am known in the local community as Shirley

Robinett. I have developed my own unique style of collage. By using

watercolor or cattlemarker painted paper, or sometimes recycled paint-

ings, I assemble cut up pieces of the painted paper into layered images.

I often add feathers, grasses or other material. Each brilliantly colored

whimsical image tells its own personal story. My art has received sev-

eral awards and can been found in several art galleries in Montana, on

the web at www.paperrosez.com, and at many local fundraisers. Over

the last 20 years, I have initiated and administered many community

events and fundraisers, including the current fundraiser, Running Free

From Cancer, a fundraiser that supports families with cancer.

I enjoy creating art of all kinds, photography, hiking, bike riding, rock-

collecting, and spending time with my family. I am currently a legal

assistant at Crowley Fleck and reside in Bozeman with my family

nearby.

http://www.paperrosez.com

MALA’s Quarterly Business Meeting Minutes

By Michelle Harelson

MALA QUARTERLY BOARD BUSINESS MEETING

Thursday, September 28, 2017 – 12:00 PM

Telephonic

Officers:

President – Terry Hale, ACP

Vice President – Heather Bienvenue, CP

Secretary – Michelle Harelson

Treasurer – Stephanie Spokas

NALA Liaison – Becky Henderson, ACP

Called to Order 12:10 p.m. by Terry Hale, ACP,

There are currently 113 Members, and 6 proxies. We need 28 people total to meet a quorum. We

were 3 people short of reaching the quorum, so we won’t be able to vote on any issues this meeting.

Officer Reports/Discussion

Vice President – Heather Bienvenue, CP – Membership

We have 113 active members, and 9 pending membership applications. She is going to meet with the

membership committee (with Terry) and they will be looking at membership applications and changes that

will need to be made to it to coordinate with the proposed By-Law amendments.

Secretary – Michelle Harelson

We do not have quorum, so we can’t approve the previous minutes. The March annual minutes and

the minutes published from June in the newsletter are tabled. We can’t vote to approve them without quorum

being reached.

Treasurer – Stephanie Spokas

$1,970.72 CLE income, $425.70 membership income. $4,834.00 expenses included CLE speakers,

office expenses, GoToMeeting, citrus, and NALA expenses for the convention. Checking balance as of Au-

gust 30th was $2,129.13 and the Savings account balance was $17,727 = $19,840.86 total balance. These

were published in the Newsletter. There were no questions or comments about these numbers or the newslet-

ter.

Montana State Bar Liaison – Olga Bobko

Parliamentarian – Amanda Hewitt

NALA Liaison report – Becky Henderson

Barbara Hartzell, ACP moved out of Missoula for federal job in Virginia. Becky Henderson, ACP

stepped in and took over the NALA Liaison position. She wanted to remind everyone that there are CLE

twice a week for the next 3 weeks, sponsored by NALA. The cost is $39 for NALA members. She will send

an e-mail tonight so that everyone is aware. It is a reasonable cost. $69 for non-members. Good classes.

Olga Bobko – State Bar Paralegal Section.

She is new to the State Bar Paralegal Section group. She was able to attend the State Bar annual

meeting last week. It was a good opportunity to meet people. They were very friendly and caring. It was a

good experience with plenty of networking. There is not much going on there to report at this time.

Old Business

Bylaw Amendments language was approved by the Board.

Membership Categories –We need to have a membership committee meeting.

NALA Convention

Terry Hale, ACP and Stephanie Spokas attended the NALA conference in Orlando. They will give

more information on it at the annual meeting. They had included their reports included in the newsletter.

Stephanie Spokas reported that it was fun and many people were there from all over the country. People

were nice, friendly, and welcoming. The quality of speakers was over the top. They got to go there and there

were so many different classes – paralegals could select classes pertinent to their areas. NALA also devel-

oped an app for mobile devices. The app would tell you what was in a class, where it was, etc. and personal-

ized it for you. You did not need to keep paper all day, etc. Phones gave reminders of the next class. The

app also had all of your convention handouts uploaded into .pdfs for easy access. Some people printed the

handouts and brought binders. Some just brought I-pads, etc. It was so much more convenient. Orlando was

fun, with many learning opportunities, and lots of great networking. Next year NALA convention is in St.

Louis. If members missed the 2017 NALA convention plan on attending next year. Terry Hale said that the

speakers top notch, and there was a little for everyone. There were lots of opportunities in every field/area of

practice. If you ever look for a new job, or your job ends, you would need to broaden your knowledge base

and find something you can relate to and learn something new. Start planning now to go to the NALA con-

vention in St Lois. You can go to the NALA webpage, nalanet to get a roommate and share expenses. It is a

great network opportunity and you will meet lots of great people and many of them. Great opportunities all

around.

CLE committee –

The November 8th CLE is on Subpoena practice. There is no CLE in December. January is fitness to

proceed. February is real estate. March is our annual meeting – the committee is meeting and working on

that now. The CLE Committee is looking for new topics and new speakers for next year. Please let them

know if there is a great speaker or topic you want. CP review course in Missoula 16 registered for that.

Huge increase. New CP exam.

Heather – MALA library.

Requests for older and outdated ones. It was brought to her attention how much we need to update

the list for MALA library online. Some CLE are no longer accurate due to HIPPA. She had contacted the

State Bar to see how long we should keep CLE and process. They suggested only keep them for 3 years.

We need to update the library list on the website so we are not contacted for old CLE anymore. We will get

new CLE information with upcoming CLEs.

New Business

Bylaw Amendments language present to membership – Becky Henderson, ACP

By-Law Amendments –

They will be posted after March. We have not had a quorum for the last couple of meetings. An

amendment was missing language, so they brought it back to the committee and they added more language.

The Board approved the amendments language yesterday. The amendments will be published in the next

Newsletter for all to see and approve.

ACP/CP Scholarship forms.

The Board reviewed the ACP/CP scholarship application and forms, discussing revising them due to

the new CP exam and the new process of scholarships being available all year round. The Board gave direc-

tions to PDC committee to work on revising them and provide them to the Board for approval to present to

membership before the annual meeting, so people can apply for those scholarships.

Announcements

Annette Brown, ACP was elected the NALA Affiliate Associates Director

Annette Brown, ACP elected at NALA convention. NALA Affiliate Director. Overseas all affiliates

under NALA. Exciting position for NALA. During NALA convention, Becky Henderson, ACP got NALA

Making a Difference Award, as did Terry Hale, ACP. They don’t know what they did yet, in newsletter.

Facts and Findings look for article on Becky and Terry. Will be posted in newsletter also. Congratulations!

The NALA Making a Difference Award:

Becky Henderson, ACP received recognition

Terry Hale, ACP received recognition

Adjourn meeting

No questions, announcements, comments. Terry will adjourn at 12:25 p.m. The next meeting is Decem-

ber 15th right before Christmas. Maybe we will have a get together for quarterly meetings for Christ-

mas.

Respectfully Submitted by

Michelle Harelson

Secretary

MEMBER SPOTLIGHT

Velvet Truzzolino is an insurance defense litigation paralegal at the law

firm of Milodragovich, Dale & Steinbrenner, P.C. She has been working in

the legal field as a paralegal, legal assistant and Notary Public for 14

years. Her career in the legal field began when she enrolled in the A.B.A.-

approved Paralegal Studies program at the Missoula College of Technol-

ogy in 2000. Upon earning her A.A.S. degree in 2003, Velvet became a

member of M.A.L.A. and worked as a civil litigation paralegal. Aspiring to

enhance her education, Velvet returned to school in 2005. While attend-

ing college at the University of Montana, Velvet interned at A.S.U.M. Legal

Services which gave her a diverse array of experience in the legal system.

While working with law students, she performed paralegal and secretari-

al duties in civil litigation, family law, criminal law, name changes and

landlord/tenant matters. Upon graduation in 2008, Velvet earned a B.A.S.

degree from the University of Montana emphasizing in Communications,

Political Science and Philosophy. She then worked for a personal injury,

social security and workers’ compensation firm before finding her true

passion seven years ago - using her impressive organizational skills to

juggle a busy defense litigation schedule at the Milodragovich law firm.

Velvet was born in Butte, Montana and is proud of her family’s tradition

of Truzzolino Tamales, although she leaves the cooking to her Uncle John

in Butte. When Velvet is not working hard at the office, she is a busy sin-

gle mom raising her two children, volunteering time to local service or-

ganizations and enjoying the company of her friends and family.

P a g e 1 3

M A L A M o m e n t s

UTILIZING CONTRACT ATTORNEYS FOR DOCUMENT REVIEW

Ashish Prasad and Dorothe McMahon (Schuch)

October 29, 2014

As litigation data volumes expand, and the scope and costs associated with discovery continue to escalate, the

use of contract attorneys is a popular option for reviewing documents in an efficient and cost-effective manner. Em-

ploying contract attorneys, however, presents a variety of ethical, practical, and technological challenges. By following

best practices for utilizing contract attorneys for document review, law firms and corporate legal departments can avoid

potential pitfalls and successfully utilize contract attorneys and paralegals.

Ethical Issues

A lawyer is required to adhere to various ethical rules when outsourcing work to contract attorneys and parale-

gals. These include verifying: that the lawyer/paralegal’s representation is competent; that any non-lawyers are properly

managed; and that the contract attorneys are authorized to practice in the jurisdiction in which they are working. See

ABA Model Rules 1.1 (Competence), 5.3 (Responsibilities Regarding Non-Lawyer Assistance), and 5.5 (Unauthorized

Practice of Law; Multijurisdictional Practice of Law). The ABA recently updated some of the comments to these Mod-

el Rules to clarify lawyers’ ethical obligations in light of increased use of legal outsourcing. See American Bar Associa-

tion House of Delegates Resolution and Report 105C, available at http://www.abanow.org/2012/06/2012am105c/.

In addition to these rules, courts have held that outsourcing tasks to e-discovery vendors does not relieve clients

and law firms of their e-discovery obligations and their ongoing duty to supervise vendors. For example, the court in In

re Seroquel Prods. Liab. Litig. held that the “[u]ltimate responsibility for ensuring preservation, collection, processing, and

production of electronically stored information rests with the party and its counsel, not with the nonparty consultant or

vendor.” 244 F.R.D. 650, n.14 (D. Fla. 2007).

Local jurisdictions may have additional rules which impact the use of contract attorneys and paralegals. For example,

the local rules in Washington, DC have a significant impact on the delegation of contract attorney/paralegal staffing

and management functions to document review or e-discovery vendors. While a document review or e-discovery ven-

dor may handle the administrative aspects of hiring/supervising attorneys, a member of the DC bar with an attorney-

client relationship with the client must make the final selection of contract attorneys/paralegals on the project. Moreo-

ver, the document review or e-discovery vendor cannot offer legal advice, even if one of their members is a

member of the DC bar. Given these strictures and the necessity of safeguarding the attorney/client relationship, it is

important to maintain the requisite supervision and communication among all members of the group performing re-

view.

Staffing of Reviewers

Whether a law firm or corporate legal department, or a document review or e-discovery vendor, is handling the

staffing of reviewers on a matter, the review-team selection is one of the more important aspects of the document re-

view process. Creating a methodology for staffing, and adhering to the methodology in every matter, will result in the

creation of excellent review teams. This methodology can be encapsulated in three different phases: identifying quality

reviewers; verifying credentials; and obtaining reviewers with specialized skills.

Identifying Quality Reviewers

While there are many contract attorneys and paralegals available in most large cities in the United States, it is

often difficult to discern the quality document reviewers from the large number of reviewers available. Critical in this

endeavor is the analysis of the candidates’ resumes and the interview of the candidates. A quality reviewer will general-

ly have a mix of prior document review experience, as well as more traditional law firm or corporate experience. This

background helps ensure the reviewer will have both a review perspective and a practice perspective to bring to bear

on the project.

While a resume can give the outlines of a reviewer’s experience, the interview is where less obvious qualities

can be discerned. Factors to consider in this process include whether the reviewer is eager to join the review, whether

they appear likely to stay on the review until completion, and whether they have the background and training to handle

the complexities of a given review.

Once a review is underway, the reviewers’ performance should be gauged and documented. Reviewers who

demonstrate excellence should be utilized on subsequent projects if possible, and those reviewers should be incentiv-

ized to become regular periodic employees through project completion bonuses, opportunities to assume greater re-

sponsibility for review team management, and fair, transparent and dignified treatment. Ideally, these reviewers be-

come the pool from which future document review team members are drawn.

Verifying Credentials

It is always important to verify that the reviewers’ credentials are accurate. As appropriate, it is useful to verify edu-

cation and prior employment, and to check references. Depending on the matter, criminal background checks, cred-

it checks and drug and alcohol testing can also be utilized.

Obtaining Reviewers with Specialized Skills

A matter will often call for reviewers with specialized skills, including knowledge of the hard sciences or fa-

cility with foreign languages. Finding reviewers with these skills, especially admitted attorneys, can sometimes be

challenging, as they are often skills not associated with attorneys. On an initial project, these types of reviewers can

be obtained through normal recruiting channels, but this is often a time-consuming process, because the decision-

maker must cull through many candidates who will not have the requisite skills. Once the initial searching process

has been completed, however, it is crucial to retain records of candidates, including those candidates who are not

necessarily hired, for future projects. Having this information in a searchable database will aid in finding specialized

candidates quickly and efficiently for future projects.

The Review Process

Once the reviewer staffing process is complete, the most critical phase of the project, the review process it-

self, begins. In order to have an effective and defensible review process, an ordered and defined review procedure

should be utilized. There are three phases to be addressed in the review process: preparation; training; and review

and quality control.

Preparation

During preparation, the review project manager works with outside counsel and the client to understand the

nature and scope of the project, finalize staffing and analytical workflow, and develop training materials. Outside

counsel and/or the client in-house counsel, with assistance from the project manager, will arrange to create or com-

pile training documents utilizing documentation provided by the project manager. Also important is communication

with the e-discovery vendor, or the internal group within the law firm or corporate legal department, that is hosting

the document for review, to ensure that the database is set up properly, review channels are created, and reviewers

are added to the system as needed.

Most document reviews are now electronic in nature, and an early, efficient setup of the review tool before the

review begins will avoid later headaches. The review coding panel seen by the reviewers should be structured so that

it captures the needed information but is not overly complex or cumbersome. The more options presented in the

coding panel, the more time each individual document will take for review, which will impact the speed and efficiency

of the review.

Training

A standardized and well-planned training process is a key element in ensuring a successful review project.

Counsel should train the reviewers, either remotely or in person, by describing the background of the matter and giv-

ing instructions on analyzing and coding the documents, utilizing sample documents to the greatest extent possible.

Contract reviewers should be encouraged to ask questions they have on the information explained to them or provid-

ed in the review materials. Written training materials should include: the background of the matter; guidelines for

making analytical decisions; supporting documentation (i.e., attorney list, glossary, search terms, key player/custodian

list, organizational charts and acronym list); and hard copies of sample documents, if available.

Special attention should be focused on privilege training. Privilege fundamentals should be outlined, and de-

tails should be provided regarding any specific privilege situations reviewers are likely to encounter in the documents,

such as communications regarding lawyers’ involvement in lobbying activities or bank examiner’s privilege. If review-

ers will be assisting with the creation of a privilege log, they should be given an overview of the privilege log process.

Review and Quality Control

Once training has been completed, the team will proceed to actual review. Reviewers should be split into teams of

manageable size with a Quality Control (“QC”) reviewer monitoring the quality and productivity of each team. The

QC reviewer is also responsible for fielding questions that reviewers may have regarding the technical or substantive

aspects of the review, and escalating any issues that they are unable to resolve to the project manager. Generally, re-

view attorneys and paralegals may commit two types of errors: (1) analytical defects (i.e., incorrect analysis of a docu-

ment; for example, determining that a document meets the criteria of a particular issue code when, in fact, it does

not); and (2) coding defects (i.e., properly analyzing a document, but then incorrectly filling out the data base template;

for example, correctly determining that a document is “non-responsive,” but then inadvertently assigning it to an in-

correct substantive issue code). The QC process should check for both of these potential defects.

For analytical defects, the QC process will often entail (after any initial heavy QC process) a daily review of up to 10%

of the work generated by each reviewer the previous day. In addition, targeted searches across the population as a

whole will often be conducted to address trending issues identified in daily Quality Control activities. For potential

coding defects, the entire population will often be inspected using search queries designed to identify particular coding

defects.

QC review should generally be performed while the review is taking place, to ensure that any errors are caught

before they become systemic. Daily reports should be generated and reviewed by the project manager and appropri-

ate follow-up action, including any necessary retraining, will be taken based on the results of that review. The daily

reports will often contain the following information: (1) total review hours logged by each reviewer; (2) total docu-

ments/pages reviewed by each reviewer; (3) average review speed per reviewer; (4) number of documents subject to

QC for each reviewer; (5) number of documents subject to QC that had zero defects; and (6) for documents contain-

ing QC defects, a breakdown by defect type for each reviewer. The daily reports should generally be reviewed by the

project manager to ensure that the project is progressing in a timely manner, and the daily reports can be submitted to

client if requested.

The project manager may want to provide outside counsel a sampling of the population of documents coded

by the review team to allow them to perform a secondary review. If that happens, outside counsel should provide the

project manager with timely feedback as a result of secondary review.

Finally, integration among the client, outside counsel, and project manager is critical to the overall success of

the document review project. Ongoing collaboration during the actual review period between the client and the pro-

ject manager, including regularly scheduled conference calls to discuss review activity and a designated point of con-

tact with whom review issues can be raised on a regular basis, e.g., by email, is necessary.

Conclusion

Law firms and corporate legal departments need an efficient, cost-effective and defensible method to review

large volumes of data during discovery. Utilizing contract attorneys pursuant to the standard, documented and thor-

ough procedures described in this article will help ensure that pitfalls are avoided and document review projects are

successful.

(Reprinted with the permission of Dorothe McMahon (Schuch))

Across

3 The act of a court setting aside the decision of a lower court. 5 The group of persons selected to hear the evidence in a trial and render a verdict on matters of fact. 8 A written statement that begins a civil lawsuit. 11 An offense punishable by one year of imprisonment or less. 14 Procedures used to obtain disclosure of evidence before trial. 15 Evidence presented orally by witnesses during trials or before grand juries. 16 To charge someone with a crime. 17 An oral statement made before an officer authorized by law to administer oaths.

19 A penalty or other type of enforcement used to bring about compliance with the law or with rules and regulations.

20 An agreement between two or more people that creates an obligation to do or not to do a particular thing.

22 The study of law and the structure of the legal system 24 Not subject to a court ruling because the controversy has not actually arisen, or has ended 25 The punishment ordered by a court for a defendant convicted of a crime. 27 _______________ Evidence: Evidence indicating that a defendant did commit the crime. 29 A serious crime, usually punishable by at least one year in prison. 30 A written or printed statement made under oath.

Down

1 Written statements filed with the court that describe a party's legal or factual assertions about the case. 2 Parties to a lawsuit resolve their dispute without having a trial. 4 A law passed by a legislature.

6 A written account of the proceedings in a case, including all pleadings, evidence, and exhibits submitted in the course of the case.

7 A command, issued under a court's authority, to a witness to appear and give testimony. 9 A jury verdict that a criminal defendant is not guilty. 10 The official decision of a court finally resolving the dispute between the parties to the lawsuit. 12 A form of discovery consisting of written questions to be answered in writing and under oath. 13 A court decision in an earlier case with facts and legal issues similar to a dispute currently before a court. 18 A person or business that files a formal complaint with the court. 21 The party who appeals a district court's decision, usually seeking reversal of that decision. 23 Property that is promised as security for the satisfaction of a debt.

26 A written statement submitted in a trial or appellate proceeding that explains one side's legal and factual arguments.

28 Send back.

I appreciate the opportunity to serve as NALA Liaison this year and hope that in some small way I can help with your professional progress. As my first message to you I thought it would be helpful to explain the purpose of NALA and share some ways you could benefit by becoming a NALA member. What is NALA? NALA is the leading paralegal association in the U.S., with more than 18,000 individual mem-

bers or members of NALA-affiliated associations. MALA has been a NALA affiliate for over 25

years.

NALA’s mission is to provide:

Continuing education courses and webinars;

Networking opportunities;

Certified Paralegal (CP) and Advanced Certified Paralegal (ACP) programs;

Occupational survey reports;

Publications to help paralegals excel in the workplace; and

An amazing annual NALA Conference and Expo.

Why Should I Consider Joining NALA? Members of NALA enjoy:

Access to the profession's only online library of case law, legislative activities, and bar as-sociation activities;

Subscription to a newsletter and digital journal featuring educational and informative articles for paralegals; and

A discounted rate for NALA continuing education programs and select products.

What is the Cost to Join NALA?

**Active members:

$140 per year.

Fee is offset by an annual $80 gift certificate to use toward NALA continuing

education programs or registration for the NALA Conference and Expo.

**Student members:

First year for $50; second year free (continues in two-year membership increments

thereafter..

By Becky Henderson, ACP

NALA Liaison

NALA NEWS!!!!!

Established in 1976, the

CLA /CP (Certified Legal

Assistant/Certified Para-

legal) program has ena-

bled the profession to de-

velop a strong and re-

sponsive self-regulatory

program offering a nation-

wide credential for all par-

alegals. Today over

15,000 paralegals have

achieved this esteemed

credential.

What Savings can I Anticipate through NALA Membership?

As of December 2017:

Annual Gift Certificate - $80 to use toward NALA continuing education programs or registration

for the NALA Conference and Expo.

Webinars - $20 savings for members.

CP Practice Exam - $20 savings for members.

CP Exam for first-time candidates - $25 savings for members.

ACP Courses - $50 savings for members.

NALA Conference and Expo - $25 discount.

Please contact me at [email protected] if you would like more information. I’m here to help you in any way that I can. Becky Henderson, ACP NALA Liaison


RE

CIP

E C

OR

NE

R

5 Tips to Make You a More Efficient and Productive Paralegal The Paralegal Resource

June 3, 2014 — 2,489 views

If you are a paralegal working in a busy law office, you know all too well one simple truth. There simply are not

enough hours in the day to accomplish all of the tasks you have on your list! While we cannot exactly have a little

talk with your boss about your workload, we can help you with a few time management and organization tricks.

Batch Tasks

You know the feeling of frustration that you get when you have to jump back and forth between a bunch of little

tasks? It isn't just you - this is a universal occurrence that office workers suffer from. The reason is because it

takes your brain a few minutes to process the task and you lose time in transition. Figure out a time in your day

that will work for batching tasks. For instance, let it be known that you make and return phone calls twice a day,

once at 8:30 a.m., and again at 3:30 p.m.

Limit Email

We all know that email is one of the biggest time sucks of them all. There is nothing you can do about opposing

counsel and clients emailing you, but you can limit the amount of internal emails you send and receive by setting

a work culture where people either walk into each other's offices to briefly talk, or they just pick up the telephone.

Also, refrain from checking your email more than once every few hours.

Deal with Paper Once

When you are going through your mail and email, be ready to deal with things as you are reviewing them. File it,

delete it, or take action. You are not managing your time effectively if you are reading your mail over and over

again.

Keep a Task Checklist in Every File

This is something that no one thinks they have time to do, but if you fail to do this one simple little thing you are

creating unnecessary headaches for everyone down the road. After you complete a task, just update your checklist

of action items in the file so that anyone on your team can simply look at the file and easily ascertain what has

already been done on the case, and what open items remain. You never want to waste an hour reviewing a file to

figure out if someone has ordered records, or whether or not your client sent in updated documents. You need one

master list that will reflect action items.

Limit Your Availability

Everyone wants to be friendly and accessible to their co-workers. After all, building relationships at work is criti-

cal to success. You can still be friendly and accessible, but let it be known that your designated times are the first

fifteen minutes in the morning, and the last thirty minutes in the evening. The easiest way to be brilliant at work is

to have the quiet time to think and be productive without interruption.

If you put these five tips to use, your work life should become more manageable. Paralegals in particular have to

be time management and organizational ninjas. By being mindful of how you communicate with others and

batching your tasks, you may be surprised at just how much more time you have!

(Reprinted with the permission of The Paralegal Resource)



MALA—2017-18 BOARD OF DIRECTORS

President

Terry Hale, ACP

[email protected]

Vice President

Heather Bienvenue, CP

[email protected]

Treasurer

Stephanie Spokas

[email protected]

Secretary

Michelle Harelson

[email protected]

NALA Liaison

Becky Henderson, ACP

[email protected]

State Bar Representative

Olga Bobko

[email protected]

Parliamentarian

Amanda Hewitt

[email protected]

BYLAWS OF THE

MONTANA ASSOCIATION OF LEGAL ASSISTANTS*PARALEGALS

ARTICLE I.

NAME

The name of this association shall be Montana Association of Legal Assistants*Paralegals

(hereinafter “MALA”). This association shall be affiliated with the National Association of Legal Assis-

tants, Inc. (hereinafter “NALA”).

ARTICLE II.

OBJECTS & PURPOSES

2.1 To establish good fellowship among association members, NALA, and members of the

legal community.

2.2 To encourage a high order of ethical and professional attainment.

2.3 To further education among members of the profession.

2.4 To cooperate with bar associations.

2.5 To support and carry out the programs, purposes, aims and goals of NALA.

ARTICLE III.

POLICY

MALA shall be nonsectarian, nonpartisan, nonprofit, and nonunion. No actions or programs

may be initiated or undertaken (now or in the future) in conflict with the bylaws or policies of NALA.

ARTICLE IV.

MEMBERSHIP

Membership in MALA shall be based on requirements approved by MALA members.

There shall be two membership categories:

(1) Legal assistants/paralegals working under the direct supervision of an attorney, attorneys, or

paralegal educators; persons acting, or who have acted in the past, in a legal assistant/paralegal ca-

pacity; and

(2) Students who are enrolled in good standing in any university, college, junior college, or other ap-

proved program pursuing a course of study as a legal assistant or paralegal; and graduates of legal assis-

tant/paralegal programs who have not obtained their first employment in the legal assistant/paralegal profes-

sion and/or have not completed one calendar year in said employment. After the student successfully com-

pletes his/her education, he/ she may renew as a regular member during the membership renewal period as

long as he/she meets all the requirements to gain regular membership.

Student members shall not be allowed to hold office and shall not be appointed to an office. A student

member may serve on a committee, but shall not be chairperson of said committee.Members of the two

membership categories shall hereinafter be referred to as “members.”

MALA’s fiscal year shall be April 1 to March 31st. For each fiscal year, each member must complete

ten (10) credit hours of continuing legal education.

With the exception of first-year members, each member must complete at least three (3) credit hours

of legal ethics within a three (3)-year period of their membership and every three (3) years thereafter.

Each member must present proof of the required credit hours of continuing legal education and ethics

attained during the last fiscal year (April 1 to March 31) to the Membership Committee.

If any member fails to provide proof of completion of the required credit hours during the prior fiscal

year, he/she is not in compliance with MALA’s bylaws and will have a three (3)-month grace period (until Ju-

ly 1 of that fiscal year) to complete the required credit hours. If proof of compliance is not provided prior to

July 1 of that fiscal year, the individual will be notified that he/she no longer qualifies for MALA membership.

Any former member whose MALA membership was revoked for failure to comply with the continuing

education requirements listed above must provide proof of completion of said requirements before he/she

can reapply for membership.

First-year members are given a grace period to meet this continuing education requirement that ex-

tends one (1) year from the date of their acceptance for membership and from that date until the beginning

of MALA’s next fiscal year (April 1).

ARTICLE V.

APPLICATION FOR MEMBERSHIP

Application for membership to MALA shall be submitted on forms approved by MALA members. The

forms should clearly state that MALA is affiliated with NALA and that all MALA members are bound by the

NALA Code of Ethics and Professional Responsibility and any code adopted by MALA. Approval of mem-

bership shall be noted on the forms in accordance with standing rules adopted by this association.

ARTICLE VI.

MEETINGS

MALA shall meet at no less than quarterly intervals which may include attendance at association-

sponsored seminars or workshops. Notice of quarterly business meetings shall be in writing to all members

of record at least ten (10) days prior to the meeting. Those members present and qualified to vote shall

constitute a quorum at a membership meeting, and the majority of such quorum shall, for voting purposes

be necessary for the adoption of any matter brought before the meeting. In the event of a vote for dissolu-

tion, a quorum shall consist of two-thirds (2/3) of the members present and qualified to vote.

Special meetings may be called by the President upon five (5) days notice to all members of record.

Annual programs shall be held prior to the end of the association’s fiscal year (see Article XIV Fiscal

Year) for the purpose of electing officers, hearing reports of officers and chairpersons, electing a NALA Liai-

son, and adopting a budget for the ensuing fiscal year. Notice of annual meeting shall be in writing to all

members of record at least fifteen (15) days prior to the meeting. Notice will also contain the slate of offic-

ers.

ARTICLE VII.

CONTINUING LEGAL EDUCATION

It is required that this association hold a minimum of four (4) educational events or a total of ten (10)

hours of education during each fiscal year in order to maintain affiliation with NALA. These programs may

be held in conjunction with a regular meeting of the membership.

It is required that this association hold a minimum of two (2) educational events that include at least

three (3) hours of legal ethics every three (3)-year period. These programs may be held in connection with

the educational events in the previous paragraph or in connection with a regular meeting of the member-

ship.

ARTICLE VIII.

PROXY VOTING

At any MALA membership meeting, any active member shall have the right to vote either in person or

by individual proxy. A member may appoint another member and one alternative as proxy by an appropri-

ate written designation and proxy. Any such individual proxy shall be valid only for that single meeting for

which it shall have been given and not otherwise.

No person shall solicit any proxies and proxies obtained by such solicitation may not be used at any

membership meeting nor shall the same be accepted by the Parliamentarian (or in the absence of the Par-

liamentarian, by a member of the MALA Executive Committee).

Any individual proxy shall be deemed filed by a member with the Parliamentarian (or in the absence

of the Parliamentarian, by a member of the Executive Committee) prior to the start of the meeting. Proxies

may be delivered to the proxy holder, alternative proxy holder, Parliamentarian, or other Executive Commit-

tee member via e-mail, facsimile, or other electronic means.

ARTICLE IX.

DUES AND ASSESSMENTS

The annual dues for members shall be proposed by the MALA Executive Committee. The Executive

Committee shall submit changes to the annual dues to the MALA members for approval.

The dues of this association shall be Twenty-five and No/100 Dollars ($25.00) per year. Dues for

membership renewal must be submitted by April 1 (the beginning of MALA’s fiscal year). Members are al-

lowed a one (1) month grace period to pay their dues. If a member fails to pay dues by May 1, the individu-

al will be notified that he/she does not qualify for MALA membership. If an individual who forfeits member-

ship by not paying dues submits payment of said dues between May 1 and March 31 of that fiscal year, he/

she will not be required to submit a formal application for MALA membership. If an individual does not pay

dues for one fiscal year (April 1 to March 31), he/she will be required to submit a formal application to renew

their MALA membership.

Dues shall not be prorated.

ARTICLE X.

OFFICERS, EXECUTIVE COMMITTEE AND CHAIRPERSONS

The elected officers shall be the President, Vice President, Secretary, Treasurer, and NALA Liai-

son.

The appointed officers shall be Parliamentarian and Montana State Bar Paralegal Association Liai-

son.

The Executive Committee shall be composed of elected and appointed officers. The Executive

Committee shall act as a planning committee bringing recommendations to the membership for a vote.

This committee shall meet at least quarterly and at other times as called by the President.

Terms of office shall be one (1) year. Successive terms shall be limited to one (1) year.

No officer or member shall be compensated for association duties. However, upon majority vote of

the membership, persons may be reimbursed for out-of-pocket expenses in connection with association-

related activities, provided the expenses were authorized to be expended.

ARTICLE XI.

ELECTION OF OFFICERS

MALA members shall be invited to volunteer to serve on the Nominations and Elections Commit-

tee. The President shall appoint a chairperson for this committee at least sixty (60) days prior to the an-

nual meeting of the association to present a slate of officers to the membership fifteen (15) days prior to

election at the annual meeting.

No name shall be on the slate without consent of the candidate. Nominations from the floor will not

be accepted at election. Election shall be by majority vote of members present voting in person or by

proxy.

Voting for officers shall be by ballot at the annual meeting except when there is only one candidate

for any office. In that event, if there is no objection, the Chair may declare the candidate elected. A mini-

mum of two (2) members of the Nominations and Election Committee shall serve as tellers to tally the

votes, including all ballots voted by proxy. If there are not at least two members on the Nominations and

Election Committee, the President shall appoint two MALA members to serve as tellers. The tellers shall

verify the results to the Chair who shall announce the results to the membership. In the event of a tie, the

voting members shall immediately proceed to vote by ballot to dissolve such tie.

No member shall hold more than one elected or appointed office during the fiscal year.

Names of appointed officers must be presented by the President to the membership by the first

meeting of the new fiscal year.

Names of newly elected or appointed officers shall be submitted to NALA headquarters and the Af-

filiated Associations Director as least thirty (30) days after election and/or appointment.

In the event MALA has more than one (1) class of membership, only full voting members may hold

office.

First-year members are eligible for nomination or appointment to a position on MALA’s Execu-

tive Board.

Student members shall not be allowed to hold office and shall not be appointed to an office. A

student member may serve on a committee, but shall not be chairperson of said committee.

Unexpired terms of office shall be filled by appointment by the Executive Committee.

Any officer (elected or appointed) absent from three (3) consecutive meetings without good

cause, may be removed from the office by the Executive Committee.

Upon an officer’s death, resignation, removal or inability to act, the President shall appoint an

individual to fill the position, subject to the approval of the Executive Committee. Said officer shall

hold such office for the remaining term of the office until such time as a successor is duly elected at

the next annual meeting of the membership.

ARTICLE XII.

STANDING AND SPECIAL COMMITTEE CHAIRPERSON

The President shall appoint a chairperson to the following standing committees:

Advertising Committee

Attorney Contact Update

Audit Committee

Bylaws Committee

Community Outreach Committee

Membership Committee

Mentoring Committee

Newsletter (comprised of one editor or a committee)

Nominations & Election Committee

Professional Development Committee

Standing Seminar Committee

Student Liaison Committee

One MALA member volunteer will be responsible for each of the following duties:

Job Bank

Legislature Monitoring

MALA Library

Webmaster

The Audit Committee will be composed of a past MALA treasurer and two (2) members selected by

the chairperson. This committee will audit the Treasurer's books at the close of the fiscal year prior to the

transfer of accounts to the newly elected Treasurer. In the event the incumbent Treasurer is elected to a

second term, the audit will be performed following the annual meeting and prior to the first regular meeting

of the membership.

Special committee chairpersons may be appointed by the President, as needed, with the approval of

the membership.

ARTICLE XIII.

DUTIES OF ELECTED AND APPOINTED OFFICERS AND

CHAIRPERSONS

The MALA Executive Committee shall consist of a President, Vice President, Secretary, Treasurer,

NALA Liaison, Montana State Bar Paralegal Section Liaison, and Parliamentarian. The President shall ap-

point the Parliamentarian, Montana State Bar Paralegal Association Liaison, and special and standing com-

mittee chairpersons as provided in these bylaws.

President: The President shall preside over all Executive Committee meetings and membership

meetings. The President shall pass files to successor immediately upon installation and shall cause all oth-

er officer's and chairpersons’ files to be passed to respective successors.

The President shall be ex- officio (non-voting) member of all committees except the committee on

nominations and elections.

This officer shall automatically be chairperson of the Standing Seminar Committee. This committee

is responsible for planning MALA seminars and workshops and working with NALA in co-sponsorship of any

programs. The President shall be responsible for fulfilling the educational requirements under Article VI of

these bylaws and shall report such educational meetings to the NALA Liaison.

The President shall submit a report summarizing MALA activities to MALA’s newsletter editor for pub-

lication in the quarterly newsletter.

Vice President: The Vice President shall preside and shall assume all duties assigned to the Presi-

dent in the President's absence.

The Vice President shall serve as chair of the Membership Committee and shall be charged with de-

veloping programs to encourage membership in MALA. This officer shall receive applications for member-

ship and shall, in conjunction with the Membership Committee, review applications for membership, and ac-

cept or reject said applications based on requirements set forth in MALA’s bylaws.

The Vice President shall determine if MALA members have met membership renewal requirements

as set forth in Article IV of MALA’s bylaws and shall notify said members if they are not in compliance.

The Vice President shall maintain a current roster of membership.

The Vice President shall work with the NALA Liaison to encourage membership in NALA.

This officer shall also work with the MALA Student Liaison Committee to explain the benefits of MA-

LA membership to paralegal students and encourage membership in MALA.

The Vice President will be responsible for MALA’s Mentoring Program and encourage new members

to participate in this program.

The Vice President shall submit a report of the number of current and pending members to

MALA’s newsletter editor for publication in the quarterly newsletter.

Secretary: The Secretary shall be responsible for taking minutes of all meetings, keeping perma-

nent minutes, and submitting minutes approved by the Executive Committee and MALA membership to

MALA’s Webmaster for publication on MALA’s website and MALA’s newsletter editor for publication in

the quarterly newsletter. The Secretary shall provide minutes of MALA’s meetings to the NALA Affiliat-

ed Associations Director upon request.

This officer shall assist the President in preparing meeting agendas, notifying members of up-

coming meetings, and assisting in other areas at the President’s request.

Treasurer: The Treasurer shall deposit all funds and make all disbursements, in a timely manner,

subject to approval of the Executive Committee and as provided in the budget. Any extraordinary ex-

penses must be approved by the membership before obligation to pay.

The Treasurer shall work with the Executive Committee to prepare a proposed budget for the en-

suing fiscal year. This proposed budget shall be presented to the membership for approval at the annu-

al meeting.

The Treasurer may be bonded (premium paid by association). All disbursements of association

funds must be by association check, signed by the Treasurer and/or the President. However, the Treas-

urer or President are not to sign any association check that is made payable to him/her as payee.

This officer shall submit a written financial report at each regular meeting to be attached to official

minutes as part of permanent record. The Treasurer is responsible for providing an annual report on

MALA membership to NALA Affiliated Associations Director and submitting the fee required to continue

MALA’s affiliation with NALA. The Treasurer will submit a report of account balances/expenditures to

MALA’s newsletter editor for publication in the quarterly newsletter.

NALA Liaison: This officer shall have completed at least one (1) full term as a MALA President,

Vice President, Secretary, or Treasurer within the past five (5) years.

MALA shall pay for the NALA Liaison’s membership in NALA during the fiscal year of the NALA

Liaison’s term in office.

This officer shall be the main contact between NALA and MALA.

This officer shall be familiar with the NALA Bylaws and Standing Rules.

This officer shall:

• Represent MALA at the NALA annual convention of affiliated associations;

• Submit items that MALA wishes discussed at NALA annual meetings to the NALA Affiliat-

ed Associations Director;

• Participate in discussion sessions at NALA annual meetings;

• Provide a biannual report on MALA activities to the NALA Affiliated Associations Director

on forms provided by NALA headquarters; and

• Submit names of newly elected or appointed officers to NALA headquarters and the Affili-

ated Associations Director as least thirty (30) days after election and/or appointment.

The NALA Liaison shall attend the NALA annual convention and prepare a report on what tran-

spired at the convention. This report may be presented at MALA’s annual meeting, published in

MALA’s newsletter, or posted on MALA’s website.

Parliamentarian: The Parliamentarian shall attend MALA Executive Committee meetings and

membership meetings and give opinions on parliamentary procedures upon request of the President.

This officer shall be familiar with MALA bylaws, and NALA bylaws.

Robert's Rules of Order Newly Revised shall serve as parliamentary authority for items not cov-

ered by these bylaws or the association standing rules.

Montana State Bar Paralegal Association Liaison: This individual shall apply for membership

to the Montana Paralegal Section of the Montana State Bar and said membership fee shall be paid by

MALA. The Liaison shall attend Paralegal Section meetings and shall report Paralegal Section activities

to MALA members.

ARTICLE XIV.

RESIGNATION OF ELECTED OR APPOINTED OFFICERS

An elected or appointed officer may resign at any time by delivering written notice to the MALA

Executive Committee. Such resignation shall take effect at the time specified in the notice or, if the time

is not specified, then upon receipt of such notice, at which time MALA members will be notified of the

resignation.

ARTICLE XV.

REMOVAL OF ELECTED OR APPOINTED OFFICER

An elected or appointed officer may be removed from office for cause by the affirmative vote of

two-thirds (2/3) of the current duly elected and qualified Executive Committee. Cause of removal shall

be defined as the elected or appointed officer’s:

a) Conviction of a felony;

b) Violation of the NALA and/or MALA Code of Ethics; or

c) Substantial neglect of elected or appointed officer’s duties.

The Executive Committee may also cancel the MALA membership of an elected or appointed of-

ficer by a vote of two-thirds (2/3) of the current duly elected and qualified Executive Committee after de-

termining that said officer has:

a) Conducted himself or herself in a manner that will actually and substantially injure the

good name of MALA;

b) Failed to maintain a high standard of professional ethics or personal conduct which is

deemed sufficient for rejection of a MALA membership application;

c) Substantial neglect of duty;

d) Any physical or mental disability or illness to such an extent that it may render such officer

unable to promptly resume the performance of his or her duties within a reasonable time;

or

e) Unethical or immoral conduct which together with publicity or anticipated publicity will re-

flect unfavorably upon MALA.

ARTICLE XVI..

FISCAL YEAR

The fiscal year of this association shall be from April 1 to March 31.

ARTICLE XVII..

CODE OF ETHICS

Every member of this association shall subscribe to and be bound by NALA’s Code of Ethics and

Professional Responsibility and any other code so adopted by the membership of this association. Viola-

tions of the NALA Code may be grounds for immediate dismissal from membership and/or removal from

office.

Any member sanctioned with dismissal from membership and/or removal from office may appeal

orally to a special ethics committee consisting of five (5) members nominated by the association members.

A majority vote of this special ethics committee will be binding.

ARTICLE XVIII.

AMENDMENTS TO BYLAWS

Bylaw amendments (not in conflict with NALA bylaws) may be adopted by two- thirds (2/3) of mem-

bers present at any regular meeting. The NALA Affiliated Associations Director must be advised of any

amendments within sixty (60) days of passage.

Any member may submit a proposed amendment to the Bylaws Committee by delivering the pro-

posed resolution in written form to the Secretary of the association. Amendments submitted by the mem-

bership shall be considered by the Bylaws Committee who shall recommend for or against the adoption of

the amendment to the Executive Committee for membership approval.

The Bylaws Committee shall cause any proposed amendment(s) to be published in the official publi-

cation of the association together with the notice of the next regular business meeting or annual meeting or

otherwise included in a notice forwarded to the membership prior to approval of any amendments.

ARTICLE XIX .

DISSOLUTION

In the event of dissolution of this association, all property and assets shall be distributed to a non-

profit charitable organization as defined by the Internal Revenue Code, to be selected by a majority vote of

the remaining members of the association, notice having been given to members of the association and the

NALA Affiliated Associations Director at least fifteen (15) days prior to the meeting. In no event shall any of

such property and assets be distributed to any member or private individual.

In the event of a vote of dissolutionment, a quorum shall consist of two-thirds (2/3) of the voting

members of the association.

ARTICLE XX .

RETENTION OF AFFILIATION

Affiliation with NALA is renewable each year by payment of an affiliation fee and attached to a

current membership roster. In the event of suspension of affiliation, this association may reaffiliate

with NALA by submitting a new application with membership roster, bylaws, sample of educational

programs, petition and current initial fee.

In addition to the renewal fee, this association must comply with the required reports and re-

quested procedures as outlined in these bylaws.

The annual renewal fee is payable on October 1 each year and delinquent as of November 1.

Payment received after due date must be accompanied by a late fee established by NALA.

Revised 11/7/12; proposed amendments 5/26/17

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