wspa july-august newsletter

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J U L Y / A U G 2 0 1 0 Findings & Conclusions 1 Findings & Conclusions President’s Corner by Brian Haberly, WSPA President Ah summer! For many of us in the Northwest, it seemed like it would never arrive! Now that it is finally upon us, there seems to be way too many choices of fun outdoor activities and not nearly enough time to take them all in! All of us in WSPA hope that you will have a safe and enjoyable summer season, filled with family, friends, sunshine, and perhaps, a bit of personal and professional development. Just like parents should encourage their school age children to continue good reading habits through the summer, so too do we in WSPA encourage you to take a few moments each week to examine where you are at in your own personal and professional development, and consider how you might advance to the next level. For some of you, personal development will mean acquiring a new skill. Perhaps it is becoming a better speaker, writer, or learning time management techniques. For others of you, that will mean taking a CLE or other class to deepen your legal knowledge. One great way to accomplish both goals is to consider volunteering with the Washington State Paralegal Association! Our Association has several opportunities at both the Chapter and the State level, where you can sharpen your skills, meet new paralegals and attorneys, and get plugged into the local legal community. Service in a professional organization like WSPA looks terrific on your resume too! We need volunteers to help with publicity, to locate meeting spaces and speakers, help with hospitality, write articles, and much more. If you have a bit of time (as little as an hour a week) we can find a role that will fit with your schedule and interests! Please contact me at [email protected] to learn more! Watch for details on the WSPA Fall CLE coming this October! Great speakers, a new venue, and some terrific networking opportunities are in store! More information will be announced soon, including how to register! Do you have feedback on WSPA’s programs and activities? We would love to hear your comments, whether it is praise or perhaps some areas in which we can still improve. Please send me your feedback at [email protected]. Our Mission: To enthusiastically support and promote the paralegal profession in the State of Washington. President’s Corner Ah summer! For many of us in the Northwest, it seemed like it would never arrive! Now that it is finally upon us, there seems to be way too many choices of fun outdoor activities and not nearly enough time to take them all in! Page 1 Management reports We have held two in- person quarterly Board Meetings so far this year, and two telephonic Board Meetings. Page 4 Professional Development I think back 20 years ago when I was earning my AA in Court Reporting from Green River Community College – plugging away on transcripts, day in and day out, USING A TYPEWRITER. Page 6 Pro Bono Celebrate Pro Bono, sponsored by the American Bar Association is on the docket again for October 2010. Page 10 Estate Planning For the next several years, the United States is going to be inundated with the largest demographic of older people joining the ranks of "seniors" that this country has ever experienced. Page 11 Lions. Elvis & Paralegals So, yeah, The Region One meeting and CLE went off without a hitch. After the meeting Denise and I got hitched, well, not really. I mean to say, we are already hitched and have been for a long time, well, not that long, sweetie Page 13 A Bi-Monthly Newsletter Volume 25 Issue 4 July/Aug 2010 Washington State Paralegal Association President, Brian Haberly [email protected]

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Page 1: WSPA July-August Newsletter

J U L Y / A U G 2 0 1 0

Findings & Conclusions 1

Findings & Conclusions

President’s Cornerby Brian Haberly, WSPA President

Ah summer! For many of us in the Northwest, it seemed like it would never arrive! Now that it is finally upon us, there seems to be way too many choices of fun outdoor activities and not nearly enough time to take them all in!

All of us in WSPA hope that you will have a safe and enjoyable summer season, filled with family, friends, sunshine, and perhaps, a bit of personal and professional development. Just like parents should encourage their school age children to continue good reading habits through the summer, so too do we in WSPA encourage you to take a few moments each week to examine where you are at in your own personal and professional development, and consider how you might advance to the next level.

For some of you, personal development will mean acquiring a new skill. Perhaps it is becoming a

better speaker, writer, or learning time management techniques. For others of you, that will mean taking a CLE or other class to deepen your legal knowledge.

One great way to accomplish both goals is to consider volunteering with the Washington State Paralegal Association! Our Association has several opportunities at both the Chapter and the State level, where you can sharpen your skills, meet new

paralegals and attorneys, and get plugged into the local legal community. Service in a professional organization like WSPA looks terrific on your resume too! We need volunteers to help with publicity, to locate meeting spaces and speakers, help with hospitality, write articles, and much more. If you have a bit of time (as little as an hour a week) we can find a role that will fit with your schedule and interests! Please contact me at [email protected] to learn more!

Watch for details on the WSPA Fall CLE coming this October! Great speakers, a new venue, and some terrific networking opportunities are in store! More information will be announced soon, including how to register!

Do you have feedback on WSPA’s programs and activities? We would love to hear your comments, whether it is praise or perhaps some areas in which we can still improve. Please send me your feedback at [email protected].

Our Mission: To enthusiastically support and promote the paralegal profession in the State of Washington.

President’s CornerAh summer! For many of us in the Northwest, it seemed like it would never arrive! Now that it is finally upon us, there seems to be way too many choices of fun outdoor activities and not nearly enough time to take them all in!Page 1

Management reportsWe have held two in-person quarterly Board Meetings so far this year, and two telephonic Board Meetings.

Page 4

Professional DevelopmentI think back 20 years ago when I was earning my AA in Court Reporting from Green River Community College – plugging away on transcripts, day in and day out, USING A TYPEWRITER. Page 6

Pro BonoCelebrate Pro Bono, sponsored by the American Bar Association is on the docket again for October 2010.Page 10

Estate PlanningFor the next several years, the United States is going to be inundated with the largest demographic of older people joining the ranks of "seniors" that this country has ever experienced.

Page 11

Lions. Elvis & ParalegalsSo, yeah, The Region One meeting and CLE went off without a hitch. After the meeting Denise and I got hitched, well, not really. I mean to say, we are already hitched and have been for a long time, well, not that long, sweetiePage 13

A Bi-Monthly Newsletter Volume 25 Issue 4 July/Aug 2010

Washington State Paralegal Association President, Brian Haberly

[email protected]

Page 2: WSPA July-August Newsletter

F I N D I N G S & C O N C L U S I O N S

2 Findings & Conclusions

Administrator

Administration Services, Inc.PO Box 58530Seattle, WA [email protected]

Officers

PresidentBrian Haberly [email protected]

Vice-PresidentMembership & AdministrationSue Beichley

[email protected]

Vice-President Professional Development

Donna [email protected]

SecretarySarah [email protected]

Treasurer Kimiko [email protected]

Immediate Past PresidentTheda Yandell RP

Management Directory

NFPA Representatives

NFPA Primary RepresentativeSue [email protected]

Secondary RepresentativeJeanenne [email protected]

PACE AmbassadorLaura [email protected]

Directors

East King Co. DirectorJosh [email protected]

Northwest Director Michelle [email protected]

Seattle DirectorJeanenne [email protected]

South Puget Sound DirectorBarbara [email protected]

Snohomish Co. Chapter Director Sarah [email protected]

South King CountyDouglas [email protected]

Vancouver Chapter DirectorAmy [email protected]

Director At-Large, WestBrenda [email protected]

Committee Chairs

CLE Approval Committee ChairStephanie [email protected]

Job Bank Committee [email protected]

CLE Program ChairJennifer [email protected]

Pro Bono CoordinatorDebbie [email protected]

Newsletter Coordinator/EditorJay [email protected]

Legalman Coordinator Jeanenne [email protected]

[email protected]

Page 3: WSPA July-August Newsletter

Findings & Conclusions 3

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Page 4: WSPA July-August Newsletter

F I N D I N G S & C O N C L U S I O N S

4 Findings & Conclusions

Secretary Reportby Sarah Sawyer

We have held two in-person quarterly Board Meetings so far this year, and two telephonic Board Meetings.

At our January 9th meeting, we learned that Spokane Director Amanda Sasser is on hiatus, and Vice President of Professional Development Nancy Sundt had stepped down. Next, we were pleased to learn that past WSPA President Theda Yandell had been appointed NFPA Region I Director!

We had two special guests for this meeting. Cindy Byfield, NFPA Managing Director, assisted the Board with strategic planning for the next year and beyond. Much of the morning was spent on drafting a proposed Vision Statement. In the afternoon, our web site designer Pavel Dolezel gave a presentation on his proposal for enhancements to the WSPA website, such as the ability to register for membership, events, etc., directly from the website.

We held a telephonic Board Meeting on January 21st to address issues the of the NFPA Primary vacancy left by Theda’s appointment to Region I Director, and the appointment of two Board positions. Sarah Eisenhauer was unanimously approved as Snohomish County Chapter Director. She had been serving as the Interim Snohomish County Chapter Director for several months, and had helped with the WSPA Fall 2009 CLE. Donna Ziegler was unanimously approved as Vice President of Professional Development. Donna had organized WSPA’s participation in the Paint Tacoma Community Project last year. It was unanimously approved that Sue Beichley be approved as the NFPA Primary Representative, and Jeanenne Rutherford as the NFPA Secondary Representative. Laura Jordan was approved as the Secondary Appointee, but later withdrew from the position.

We had another in-person meeting on April 10th. This was held at the Capital Hill Library in order to encourage attendance by more WSPA members. We received full reports from all of the Officers, Directors and the President. The budget that was presented by the budget sub-committee was approved.

Our most recent quarterly Board Meeting was June 12th and was telephonic. Brian asked each of the Board members to begin thinking about goals for their position. He announced that Josh Normand has been appointed as the interim EKCO Chapter Director. The next meeting will be the annual planning session and is tentatively scheduled for September 25th. The location is still to be determined.

Elections Director Report:

WSPA recently held its annual Officer and Director elections for the 2010-2011 term of office, which runs from June 1, 2010 through May 31, 2011. All WSPA Officer positions are up for election yearly.  Director positions are two year terms.  We began accepting nominations April 1st, and the ballots were open via an online survey from April 22nd-30th. The following people were elected to serve:

Brian Haberly, President

Sue Beichley, Vice President of Membership and Administration

Donna Ziegler, Vice President of Professional Development

Kimiko Kasazaki, Treasurer

Sarah Sawyer, Secretary

Sarah Eisenhauer, Snohomish County Chapter Director

This is a great mix of people, blending those with prior knowledge and experience on WSPA’s Board, with a number of people with fresh, new energy and ideas.

Unfortunately, there are a number of Director and Management positions still open. We are currently looking for a Seattle Chapter Director, Central Washington Chapter Director, and Spokane Chapter Director. We are also always looking for volunteers to help with our CLE conferences and as Newsletter reporters and writers. These are great opportunities for you to become a leader in your profession and make important contributions to our association and to the paralegal profession.

In addition to serving as the current WSPA Secretary, and the Elections Coordinator, I have also served as CLE Conference Coordinator, Electronic Litigation Section Chair, and most recently as Seattle Chapter Director. My participation with the WSPA Management and Board over the years has enhanced my skills and confidence, increased my value to my employer, broadened my network of contacts, and raised my awareness about the condition of the profession and issues that face it.

There are a variety of opportunities for you to serve, regardless of your geographic location, or the amount of time you have to give. I’d encourage anyone to get involved, at least, at your local chapter, if not state, level. To find out more about these opportunities, please contact Brian Haberly, WSPA Pres ident v ia emai l a t [email protected].

NW Chapter Reportby Michele Snow-Waltz

The Northwest Chapter is on summer vacation. However, we are spending a little time thinking up new and exciting activities for upcoming chapter events.

SAVE THE DATE

A chapter meeting and social is scheduled for Thursday, September 22, 2010, in Bellingham. The meeting will take place in the evening. The exact time and place will be announced next month. Please come prepared to offer ideas for increasing membership and community activities.

HAPPY SUMMER!!!

Michele Snow-Waltz, NW Chapter DirectorSarah Sawyer, WSPA Secretary

Page 5: WSPA July-August Newsletter

F I N D I N G S & C O N C L U S I O N S

Findings & Conclusions 5

NFPA Primary Reportby Sue Beichley

Region 1 gathered together May 23-23, 2010 in Las Vegas, NV to discuss the current issues going on with the associations and with the National Federation of Paralegal Associations (NFPA). It was our honor to be hosted by the Paralegal Association of Southern Nevada in Las Vegas. The meetings were held at the MGM Grand. Thank you to the Paralegal Association of Southern Nevada for hosting the Spring Region 1 meeting.

The Associations represented were the Paralegal Association of Southern Nevada, Sacramento Valley Paralegal Association, San Francisco Paralegal Association, Oregon Paralegal Association, and our own Washington State Paralegal Association. Every association had concerns with declining memberships and budget deficiencies. We discussed what our associations were doing to help with board burn out, getting our members at large to become active and getting new members to join. It seems one of the most troubling concerns for all associations was the current economy and how that is affecting their association’s budget. Southern Nevada Paralegal Association was eager for ideas to bring life back to their association and get new members to join their association. We also discussed social media networking; is it working, are the associations engaging in social media networking, and what media networks are they using? We discussed if Region 1 should have a Facebook page.

It was discussed the importance of our associations turning in timely current membership lists and our dues statements. Theda also reported that there were open coordinator and advisory positions on the NFPA board. She also mentioned that Isabela Quintana Vice President & Director of Marketing is in need of volunteers. If anyone would like to volunteer at the NFPA level, please let me know and I will pass your names on. It is truly a rewarding experience.

Vicki Newman of Sacramento Valley Paralegal Association updated us on the Paralegal Core Competency Exam (PCC) a basic competency exam aimed at students who have just graduated

from a paralegal program. The criteria to take the exam has been established. The exam development is currently in the job analysis phase. It is expected to begin in 2011.

Saturday, we met with Mayor Susan M. Holecheck who is the Mayor of Mesquite Nevada. Mayor Holecheck was a previous member of the National Federation of Paralegal Associations having achieved her Registered Paralegal credential in 1998. She was the liaison member of the State Bar of Nevada’s Consumer Protection Committee (governing the unauthorized practice of law).

Sunday our own Jay Jenkins of T-Scan gave a very entertaining CLE on Document Retrieval. It was very informative and fun.

Our next Region meeting will be held in October in conjunction with the 2010 NFPA Annual Convention in Philadelphia being hosted by the Philadelphia Association of Paralegals.

East King County Report

by Josh Normand After taking over from outgoing president, Tami Day, the East King County Chapter held its second meeting of 2010 in June at Panera Bread in Redmond. The food was great and the topic of the meeting was “Searching Court Records in Washington State” and the speaker was renowned Private Investigator James Cronin, of Seattle Investigations.

Snohomish County Reportby Sarah Eisenhauer

A meeting was held on June 16th at the Everett Library’s Evergreen Branch. The presentation was “Your Career and Job Market Outlook” given by

Chargualaf, Director of Legal & Corporate Placement from Law Dawgs Legal Recruiters and our very own WSPA President, Brian Haberley.

Along with tips on where to look and how to interview for paralegal jobs, they discussed networking and how that can be used to find jobs as well. Some great websites for job hunting are Indeed.com and SimplyHired.com. Both of these sites search out listings of jobs on other websites and list them all together so it cuts down on search time.

If you have an idea for a topic for the upcoming meeting, please contact me at [email protected].

Findings and Conclusions is the official publication of the Washington State Paralegal Association and is published six times per year. Letters to the Editor, articles, advertisements or correspondence should be submitted to:

WSPA Newsletter EditorP.O. Box 58530Seattle, WA 98138Email: [email protected] Email: [email protected]

All submissions are due the 20th of each odd numbered month for publication the following month. Articles may be submitted on disk in Word format or via Email.

ADVERTISING RATES:Dimensions Month to Month Pre-Paid One Year (6 Issues)1/8 page $ 50.00 20% discount 1/4 page $100.00 20% discount1/2 page $150.00 20% discountFull page $200.00 25% discount

Contact [email protected] for additional advertising information.

The Editor reserves the right to edit material for clarity, space or advertising.The articles published herein express the opinions of their authors and, unless expressly stated, do not necessarily reflect those of WSPA

Sue Beichley, NFPA Primary Josh Normand, East King County Director Sarah Eisenhauer, Snohomish County Director (Archive Photo)

Page 6: WSPA July-August Newsletter

F I N D I N G S & C O N C L U S I O N S

6 Findings & Conclusions

Stop & Smell the Rosesby Donna Ziegler, VP Professional Development

I think back 20 years ago when I was earning my AA in Court Reporting from Green River Community College – plugging away on transcripts, day in and day out, USING A TYPEWRITER.

A What? Yes, I put myself through college using only a typewriter. I did not have a computer and did not know how to use a computer. WiteOut was my best friend.

I also worked as a receptionist in a law firm, still unable to use a computer. Everything was handwritten and typed on a typewriter. Research for class assignments required hopping a bus or walking to the library and actually knowing the Dewey Decimal System and searching the “card catalogue” to locate a book, and then actually reading the book. I had no idea what The Internet was, probably because it was practically nonexistent. The only telephone I had was a land-line attached to my kitchen wall with a long cord that required me to sit on the kitchen counter or linoleum floor. (Usually the counter, closer to the food.) Oh, and

yes, blasting Madonna on my cassette player which was the size of a ream of copy paper. Made it difficult listening to music while running.

VOGUE !!

Twenty years ago seems like it was yesterday, yet everything has changed. I now am completing my Bachelors degree ONLINE via a web portal that connects me to a v i r t u a l c l a s s r o o m . Assignments are submitted online, nothing is handwritten or typed on a typewriter. You are required to have Word, Excel and Power Point (and actually know how to use them.) I communicate with my professor and classmates via instant messenger in an online chatroom. I have classmates in Alabama, Florida, New York, Georgia – it’s very cool. As most of you know, I am also a Litigation Paralegal in Seattle. I am

connected to our corporate office in San Diego via a remote internet connection, allowing me access to our entire computer network.

Professional Development Director, Donna Ziegler

I communicate with my boss, my colleagues, my family, my friends and pretty much everyone via e-mail (Outlook, Yahoo, Hotmail, Facebook, etc.) or text. I have a cell p h o n e ( h e r e i n a f t e r “Blackberry”) that I cannot leave my house without. If I

drive 15 miles and realize I do not have my Blackberry, I will turn right around and go get it. My Blackberry allows me to talk to anyone, text anyone, read my emails, view my Facebook and Twitter pages, get updates on the latest WSPA news, and take pictures of the beautiful view I had at Alki today during lunch. My teenage daughter has no excuse whatsoever when I want to get a hold of her, thanks to cell phones and texting. (Unlike when I was a teenage. ) Oh and MY I-POD – I love you !!! Running has never been more fabulous.

Okay, I will get to the point. With the advances in technology pouring rapidly into our lives at Mach speed, supposedly making our lives simpler, I notice from-time-to-time that life tends to be more stressful and challenging than it once was. Life seems quicker, faster, everything is

moving at a blink of an eye – Hurry! Hurry! Hurry! When my boss requests I complete a task – it better be complete in two minutes – and honestly I have no reason for it not to be with all of this magnificent technology at my fingertips. I no longer have State, Federal and Local court rulebooks stacked nicely on my desk with their attractive burgundy, green and white covers. I no longer use the Yellow Pages to heighten my computer screen for better viewing because I do not have a phonebook. I have access to everything online. I no longer visit the law library for legal research because I have Westlaw and LexisNexis. I do not have to hire a private investigator because I have Accurint and Google. And, Oh Sweet Love, I no longer have to drive full speed, dodge pedestrians, park illegally ($25 bucks) and sprint up Jackson Avenue in

Findings and Conclusions is the official publication of the Washington State Paralegal Association and is published six times per year.

Page 7: WSPA July-August Newsletter

F I N D I N G S & C O N C L U S I O N S

Findings & Conclusions 7

When feeling pressured and anxious while preparing motions, answering interrogatories, reading contracts, taking a test, listening to a ranting co-worker or commuting in I-5 traffic, just BREATHE – inhale air through your nose, completely filling your lungs, hold for a few seconds, and blow out through your mouth.

high heels to the courthouse to file a last minute Summary Judgment response before noon – because I now have a scanner and e-Filing.

I have noticed, however, that even with these great technological advances, this fast-paced lifestyle does cause increased stress levels, anxiety, and less time to smell the roses. I spend less time actually talking face-to-face to the people I love and more time being forced to communicate with those I would rather ignore. I now must complete triple the tasks in less time, respond to more emails, type faster, talk faster, and make more money to pay

for all of these “wonderful” conveniences. Don’t get me wrong, I love it, but recently I have forced myself to slow down, relax, enjoy alone time and just take a breather.

I would like to share some strategies for coping with stress and taking a little extra time in your day to STOP and Smell the Roses

BREATHE

When feeling pressured and anxious while preparing m o t i o n s , a n s w e r i n g interrogatories, reading contracts, taking a test, listening to a ranting co-worker or commuting in I-5

traffic, just BREATHE – inhale air through your nose, completely filling your lungs, hold for a few seconds, and blow out through your mouth. When blowing out the air – imagine you are blowing your stress into a hot air balloon and watching it float away.

SMILE

When stressed or angry or sad or overwhelmed – SMILE – a big bright white smile – (again while breathing) – and look in a mirror. This will most likely make you laugh – which will decrease your stress.

EXERCISE

When I am stressed, or anxious, or just angry at life – I go running or hit tennis balls. I put on my I-Pod, listen to Metallica or Nora Jones – and I run – I run and run and run until I cannot run anymore – and when I hit those tennis balls – I smash them – I imagine they are rocks and I am trying to crush them into liquid with my racquet. Oh the joy of killing a tennis ball.

SING & SWING

Yes, sounds a little weird – but it works. The other night I had some serious anxiety – I again – put on my I-Pod, found the nearest park (across

the street) and I swung on the swing as high as I could go – singing at the top of my lungs – for about ½ an hour. Yes, my neighbors probably thought I was on something, but I didn’t care, I felt so happy afterwards, and my anxiety was gone.

SPEND TIME WITH A CHILD OR AN ANIMAL

There is nothing in the World that will defuse an anxious, angry or stressed out mood more than hearing a baby laugh when you make funny faces, or watching a toddler marvel at the mystery of lizards at the zoo, or pushing

(continued next page)

Page 8: WSPA July-August Newsletter

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8 Findings & Conclusions

Relax my fellow legal professionals. We are in this profession because we are hard-wired, detail-oriented, Type A, proficient, problem-solving, decision-making, competitive, over-scheduling, risk-taking, productive, successful, exceedingly responsible individuals.

(Continued from page 6)

a child on a swing, or hearing and feeling the little motor of a kitty purring while you stroke his ears, or riding a horse with a friend, or laughing hyster ica l ly watching a dog try to retrieve a stick from a tree (while the stick is attached to the tree) or watching him try to climb the tree after the little squirrel who just stole his dog food scurries up.

Relax my fellow legal professionals. We are in this profession because we are hard-wired, detail-oriented, Type A, proficient, problem-solving, decision-making, competitive, over-scheduling, risk-taking, productive,

successful, exceedingly responsible individuals. That is why we do what we do and are good at it. Yet, we all need to remember that sometimes we need to just relax.

So, do yourself a favor today – after you read my little blurb – put down the paper, turn off the TV and computer, leave the cell phone at home (or at least turn it off) – and do something pleasurable – drink a big glass of water, go to the beach, watch the kids at the park, go to the zoo, have a latte, listen to the birds, feel the warm sun and the wind on your face, and Smell the Roses.

PEACE ☼

Page 9: WSPA July-August Newsletter

Findings & Conclusions 9

Page 10: WSPA July-August Newsletter

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10 Findings & Conclusions

by Debra Aubrey, RP®

Celebrate Pro Bono, sponsored by the American Bar Association is on the docket again for October 2010. If you missed the festivities in your area last year you won’t want to miss it again. Tune into the ABA web site and keep up-to-date on what activities are being planned.

The buzz on ‘Facebook’ and ‘Linked-in’ these days seems to remain the issue of joblessness or upgrading a current position. If experience and training are the keys to successful employment I would like to offer the following thoughts:

Pro Bono and volunteerism can offer specific training outside your field of expertise.

Some Pro Bono / volunteerism programs offer CLE credit for training and/or your time involved in the activity.

There is an opportunity to network with non-profit organizations, pro-bono counsel, law firms and

public entities that you would otherwise not have met therefore adding different influences to your job search.

The American Bar Association has a listing of pro bono activities that include descriptions that can help get you on your way. Be sure to ask the manager of any activity if CLE credits are offered for training. Additionally, check with your local city government and police departments for volunteer activities that are needed due to the current budget situations as this can certainly give you an insight to

the stakeholders involved within the criminal side of the court system. WSPA membership is largely comprised of corporate and civil paralegals with just a few members who are noted as criminal law paralegals.

Unless otherwise indicated, the authors of the submissions contained in Findings & Conclusions are paralegals. All reports, profiles, summaries, checklists, articles, or other submissions are provided for informational purposes only, and are not intended as legal advice and should not be relied upon for that purpose. All opinions expressed in any submission are the authors’ sole opinion and should not be taken as the opinion or position of the Washington State Paralegal Association.

Celebrate Pro BonoWe make a living by what we get but we make a life by what we give

— Winston Churchill

Pro Bono Chair, Registered Paralegal, Debra Aubrey

[email protected]

Page 11: WSPA July-August Newsletter

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Findings & Conclusions 11

The Importance of Personal Property in Estate Planning and Estate Settlement

by Judy Hall, The Estate Lady

For the next several years, the United States is going to be inundated with the largest demographic of older people joining the ranks of "seniors" that this country has ever experienced.

This new trend signals dynamic changes for estate planning and estate dispositions. In the last three years, a paradigm shift has occurred in the personal property business. The multitude of inquiries are now from Boomers asking for help with their parents' personal property appraisals or estate clean outs. They are just beginning to comprehend that they also are facing the eventuality of their own need to scale back. Before 2006, the majority of inquiries for help in appraising items, helping downsize, and appropriately disposing of personal property, were almost always from Boomers' parents, who had become frail mentally or physically and needed to be in a more protective living environment.

One reason for the dramatic changes in estate planning and property disposition is based on the statistic that Baby Boomers have more siblings than children! The support system underneath them will not be as broad as what they provided for their parents' generation or for themselves. They are expected to outlive their own parents by at least ten years. One can only surmise what will happen to older adults in this future, if their estates are not large enough to sustain them in their golden years. Soon, Boomers will be making life-changing decisions more proactively for themselves than their parents did.

By definition, an estate is "the nature and extent of an owner's rights with respect to land or other property." However, people see their estate as land, building structures and portfolio assets in cash and investments, but often overlook the potential worth of their personal property that surrounds them. In fact, recently completed personal property appraisals show that the value of personal items and collections housed within the home were appreciably more than the sale of the house and its land.

Accumulation:

Over the years, personal property begins to build in all households. The psychology behind accumulation has been studied in hoarders and certain types of compulsions. However, the basic reasons all people accumulate are for comfort, sentimentality, procrastination, fear of things becoming more valuable, fear of change, and control. Within the Great Depression era, they also didn't want to discard anything, because "one day we will use it." As humans, our need to accumulate probably goes back to the time of the caveman. If

they didn't gather and accumulate the basics, they simply didn't survive.

Evaluation:

Personal property items, such as jewelry, antiques, furniture, heirloom pieces, art, coin, stamp and book collections, may all command impressive amounts of money if their market value is known, as well as the best outlets for selling. To safeguard a client's personal property within an estate, professionals should help you with the evaluation process, before costly mistakes occur.

With this in mind, you should have a list of reputable senior resources at hand to recommend to clients. For the evaluation of personal property, work with a respected personal property appraiser who is educated and experienced in this industry and can also recommend a network of reputable professionals to properly dispose of collections. Personal property experts are strategic partners to you, to urge your clients to:

Know the appraised value of their household goods, collections, and furnishings. There are plenty of unsavory and unscrupulous people waiting in the wings to take or to purchase these belongings cheaply, when the owner does not know the worth!

Record this appraisal information in a written format with photographs or videotape to accompany the evaluation for personal knowledge, insurance purposes, and to place with their important legal documents. This record eliminates most from guessing the value, when the time comes to divvy up the estate equally among designated heirs. Update every five years.

Find someone to help them understand estate tax and consequences. Emphasize that "dying is not cheap" and the wisdom of distributing personal property prior to death, if they desire. These actions help minimize feuding among the heirs, simplify what the heirs have to go through, and make life easier for everyone involved in the estate settlement process.

By knowing the value and having it in writing, their heirs will not make dangerous assumptions, for example, that the personal property is all "junk" and should be disposed of quickly at a yard sale. Personal property liquidators provide your client with peace of mind and the means to downsize and dissolve a home full of a lifetime of accumulated things.

A professional evaluation is also necessary because family members can inflate values and history of items that have been passed from generation to generation. Sometimes these stories about items

become so embellished with time that they lose their accuracy.

Distribution:

The process of dismantling the contents of a home begins with family members. Prior to the division of the personal property, an appraiser should have come in to offer the executor and heirs a fair market value on the significant belongings. Once items have then been distributed among the heirs, the remainder should be left in charge of a professional appraiser and estate liquidator, who knows upon sight what contents can be sold and what can't. Different methods of distribution include estate sales, auctions, consignment houses, garage sales, donations, and ads in newspaper or on the Internet. Before anything is given up to these outlets, the family should be aware of what they have and the values. It is a wise decision for senior clients and Boomer heirs to plan their own downsizing and evaluation of their possessions. Making these decisions while the respected elder is still in control is best for everyone.

Boomers are changing the way they will think and deal with estate matters, since so many of them will soon be handling these decisions themselves. Together, let's advocate for all older adults to ensure that they are treated fairly, honestly and with compassion, in learning the worth of their personal property and helping them downsize, discard and distribute their belongings.

Julie Hall, The Estate Lady, is a professional estate liquidator and certified personal property appraiser. With more than eighteen years experience, she has assisted thousands of individuals in the daunting and often painful process of managing their deceased parents' affairs. Her experience has been sought across the United States and Canada on radio, TV, and newspaper media including Bloomberg News, MSN Money, and the LA Times. http://www.theestatelady.com

She has authored a best-selling book titled "THE BOOMER BURDEN: How to Deal With Your Parents' Lifetime Accumulation of Stuff", currently available on Amazon.com. THE BOOMER BURDEN will guide loved ones on how to appropriately handle their parent's belongings while keeping one's sanity...and that is priceless. She has recently written “THE BOOMER’S GUIDE TO CLEANING OUT YOUR PARENTS’ ESTATE IN 30 DAYS OR LESS”. This practical take-along guide is filled with checklists, worksheets, and much practical advice.Julie writes a weekly blog which is available at http://estatelady.wordpress.com, called The Estate Lady Speaks.

2009 © The Estate Lady ®

Page 12: WSPA July-August Newsletter

12 Findings & Conclusions

HELP WSPA SUPPORT MILITARY PARALEGALS AROUND THE WORLD

The Washington State Paralegal Association is a founding member of the NFPA Military Paralegal Outreach program. This program seeks to unite paralegals serving overseas in the US Armed Forces with local paralegal associations by sending periodic “Care Packages” of non-perishable food, snack, hygiene and other miscellaneous items (books, games, stationery, etc.) to bring them a little bit of home while away from their loved ones.

WSPA was one of the original 8 paralegal associations across the country that participated in the very first group mailing to active duty Military Paralegals serving overseas back in February 2006. In the first year of this program, NFPA member associations supported 29 Navy Legalmen and Military Paralegals. WSPA is proud to have supported six military paralegals since this program was first begun. Jeanenne Rutherford is now accepting donations (cash and food items) in the Seattle area. You can reach her at [email protected].

Suggested Items:

Hygiene: Food:Antibiotic Ointment Single Serving Pasta LicoriceChapstick/lip balm/Carmex Ready to Heat Soups Sunflower SeedsSunscreen (Bull Frog is good) Lunchables Aqua DropsBug Repellent (with deet) Ramon Noodles GumFace cleaner Powdered Power-Aide/Gator-Aide/ Peanuts in a shellEye drops/Saline Koolaid/Tang Rice Krispy TreatsLiquid hand sanitizer/Baby wipes Granola Bars/Cereal Bars Snack CakesFoot/body powder (Gold Bond) Fruit Roll-ups Misc:Deodorant Raisins CondimentsShampoo/Conditioner Beef Jerky (no pork) Lemonade/Ice Tea MixTooth Brush/Toothpaste Applesauce Cough DropsNose spray/nose drops Fruit/Pudding Cups Stationery/envelopesHand/Body Lotion Cereal (individual Servings) Stamps/PensBand-aids, Mole Skin Chex Mix Dice/Travel GamesSoap Tuna Kits Individual Instant CoffeeMouth Wash Snacks: Books/MagazinesNail Clippers Hard Candy (no chocolate-it melts) Tylenol/IbuprofenDental Floss Snack Mix Allergy MedicineTums/Rolaids Chips/Cookies/Crackers/Microwave Ziploc BagsTylenol/Aspirin Popcorn/Pretzels Instant CamerasQ-Tips Pop Tarts RainX

TIPS FROM A SOLDIER'S MOM: • Send sauce packets (like Arby's sauce). I am told this can make any MIC's taste good.• Send cards and email/snail mail so soldiers can say thank you.• Holiday cards, photos and stories of the everyday things at home are priceless. • Some of the favorite letters are about walking the dog, the kids holiday show and local sports, even if it is not their family it helps you

know that life goes on.

Legalman Notesby Jeanenne Rutherford

Recently, NFPA has adopted a different approach to sponsoring the Legalman project. NFPA is now asking associations to commit to a certain number of care packages per year, and assigning an overseas JAG office instead of individual Legalman. There are two reasons why NFPA has made this shift: #1 to increase support to our Legalman overseas in a timely manner; #2 simply that the Legalman were serving their tour and rotating out and we are notified that the individual had returned home, unless they corresponded with us. We are now being

assigned a JAG office so any Legalman assigned to the office can benefit from our comfort package.

In May, two packets were shipped to Navy Legalman or Military Paralegals (one to Bagram, Afghanistan, the other to the US Embassy in Bagdad, Iraq) currently serving overseas. Unfortunately, we have not heard back from them yet. The information will be posted as soon as we do!

Our Armed Forces paralegals are going to need our support more than ever. The US Commander in Afghanistan, General Stanley McChrystal, has banned American and NATO troops from eating fast food. Yes there are (or

were) some fast food outlets (Burger King and Pizza Hut for example) that have business's on or near the bases. Did I mention that General Stanley runs 13k every morning and only eats one meal a day? They are also going to see a reduction in first-run movies. [See article at h t t p : / / w w w. a b c . n e t . a u / n e w s / s t o r i e s /2010/03/31/2861692.htm?section=Justin]

To learn more about Legalman (and see commentary from Steven DiStephano, NFPA's Armed Forces Coordinator) go to: http://www.youtube.com/watch?v=LWRBoeNbCtw and http://www.youtube.com/watch?v=SYfcSmCYFPg

Page 13: WSPA July-August Newsletter

F I N D I N G S & C O N C L U S I O N S

Findings & Conclusions 13

Lions, Elvis & Paralegals, Oh MyPart 2by; Jay Jenkins

So, yeah, The Region One meeting and CLE went off without a hitch. After the meeting Denise and I got hitched, well, not really. I mean to say, we are already hitched and have been for a long time, well, not that long, sweetie. Wait, let me back up a little.

Back in the mid-nineties, Denise and I decided to get married. No, really, we were both on board. Once we decided to get married, the hard part was where and how we were going to get married.

See, we had been going out for a while. How long we were going out is not that important. Let’s just say that there MAY have been one or two Presidential terms during our dating period.

When we decided to get married, we both had two schools of thought, do we have a huge obnoxious wedding involving hundreds of people, carriages, horses and an open bar or do we go to Vegas and have a quick wedding and night at the casino?

We were this close to the Vegas option. In fact, we even went to Vegas in the mid-nineties. Our thought was that if it felt right we would just do it (Thanks, Nike). If not, we would not do it.

In the end, the ginormous wedding involving mothers in spring bonnets, tuxedos and a huge Brie wheel won out. It was a great wedding—I think. It was all a fog by the end of the day but people have mentioned it in passing to Denise and I.

Okay, we jump forward to the 2010 NFPA Region One Meeting held in Las Vegas—two days before our anniversary. Luck is when opportunity meets preparation. I told Denise that I was off to Vegas to present before the Region One Meeting. Denise told me we would be getting married in Vegas for our anniversary. I told Denise that it had to be by Elvis. That is how it happened that on Sunny afternoon, Denise and I marched down the aisle with a 6’ 4” tall Elvis as we danced to Viva Las Vegas.

The Graceland Chapel is an exercise in efficiency. It is a production line as they march couples in and out the door. Didn’t have a chance to buy the ring? Graceland has a wide selection of rings available? Didn’t have a chance to get flowers? Graceland opens the little cooler and there, next to the champagne, is a bouquet of flowers.

Graceland chas a photographer and photo packages. I think we got the “Love Me tender” package with the “Hunk of Burning Love,” DVD.

That means for a small fee, about 2% of the real thing, Elvis, not an ordained minister, walks the

bride down the aisle and sings three songs. “Suspicious Minds,” was ruled out by my wife but we did get “Viva Las Vegas, “Love Me Tender,” and “Hunk of Burning Love.” Elvis also performs the ceremony after which we get a copy of Elvis and Priscilla’s Wedding Certificate. The package also included a limo ride past several pawn shops and adult arcades to the wedding chapel.

Once we were married, we got a limo ride back to the casino of our choosing. We chose Caesar’s Palace where we had a champagne toast and lost $50 on the blackjack table.

And really, in the end, isn’t that what marriage is all about? One minute you are celebrating a moment, the next minute you are trying to stay at the table without losing your shirt.

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Page 14: WSPA July-August Newsletter

14 Findings & Conclusions

Save The Date...

Your WSPA 2010 Fall CLE

When: Friday, October 29th, 2010 Where: Washington State Trade and Convention Center.  What: Two concurrently running tracks: Track A:Litigation Track B: Professional Development/General Practice

Tickets on sale early September.

If you are interested in being a speaker, please contact our Fall CLE Coordinator and VP of Professional Development, Donna Ziegler at [email protected]

Page 15: WSPA July-August Newsletter

F I N D I N G S & C O N C L U S I O N S

Findings & Conclusions 15

Definition of a Paralegal – as defined by NFPA and WSPA

A Paralegal is a person, qualified through education, training or work experience to perform substantive legal work that requires knowledge of legal concepts and is customarily, but not exclusively, performed by a lawyer. This person may be retained or employed by a lawyer, law office, governmental agency or other entity or may be authorized by administrative, statutory or court authority to perform this work. Substantive shall mean work requiring recognition, evaluation, organization, analysis, and communication of relevant facts and legal concepts.

Original items printed here are the property of WSPA. We ask that National Federation of Paralegal Associations (NFPA) member associations who reprint articles from Findings and Conclusions, credit the article and provide WSPA with a copy as reprinted. Others may not reproduce original material for any purpose without prior, written consent of the WSPA Newsletter Editor.

Publication of any advertisement does not imply endorsement of the product/services offered. WSPA reserves the right to reject advertisement due to content or space considerations.

Unless otherwise indicated, the authors of the submissions contained in Findings & Conclusions are paralegals. All reports, profiles, summaries, checklists, articles, or other submissions are provided for informational purposes only, and are not intended as legal advice and should not be relied upon for that purpose. All opinions expressed in any submission are the authors’ sole opinion and should not be taken as the opinion or position of the Washington State Paralegal Association.

WSPA's Mission: To enthusiastically support and promote the paralegal profession in the State of Washington.

We are dedicated to the enhancement of the paralegal profession.

We strive for personal and professional development.

We will encourage increased utilization of paralegals to broaden employment opportunities statewide.

We advocate high quality paralegal educational programs in preparation for entry into the profession.

We hold our members to high standards by requiring 10 Continuing Legal Education credits per year to retain full voting status or to hold an office in the Association.

We will monitor proposed state and federal legislation affecting paralegals and will participate in the legislative and regulatory process to represent our Members' views.