the edigest
TRANSCRIPT
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 1
THE EDIGEST ARIZONA PARALEGAL ASSOCIATION An Affiliate of the National Association of Legal Assistants Inc
Vol 8 Issue 7 August 2017
INSIDE THIS ISSUE
Wearable Technology Counting the Steps to a Defense Verdict p 12
10 Employer Considerations in Light of Arizonas New Paid Sick Time p 6
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 2
Upcoming Events
August Webinar Will That Products Liability Personal Injury Claim Prevail
Wednesday August 9 2017 1200 pm (page 16-17)
September Webinar Billing Blunders and Fee Agreement Essentials
Wednesday September 13 1200 pm (page 26)
Columns Special Sections
APA Board of Directors 3
APA Announcements 4
APA Member News 5
August Webinar Will That Product
Liability Personal Injury Claim Prevail 16-17
September Webinar Billing Blunders
and Fee Agreement Essentials 26
Tucson Paralegals Association 38th
Annual Seminar 29-30
APA Job Bank 38-43
Got CLE 44-46
10 Employer Considerations in Light of
Arizonas New Paid Sick Time 6-8
Paralegals strike out on firing claims 10
Wearable technology Counting the
steps to a defense verdict 12-14
To Lay or Lie 19
Sticky Business Etiquette Questions amp
Answers 23-24
The Verdict 32
THE Brief - June 33
NewsBytes 35
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 3
PO Box 26879
Phoenix AZ 85068
wwwazparalegalorg
THE EDIGEST
The Digest is the official publication of the Arizona Paralegal Association It is published monthly
on the first of each month and e-mailed to our members Articles columns and editorials appearing
in The Digest express the views of the authors and should not be construed as the opinions of the
Arizona Paralegal Association or its Board of Directors
GIVE US YOUR OPINION
The Digest welcomes letters to the editor or opinion pieces for publication Letters and opinion pieces should be typed and preferably submitted electronically Opinion pieces are limited to 1500
words and letters to 700 words Submissions are reviewed and printed at the discretion of the Editor
of The Digest and the APA Board of Directors Editors reserve the right to reject submissions or condense for clarity style and space considerations Letters must be signed to verify authorship but
names will be withheld upon request Authors of opinion pieces will have their names published
Letters and opinion pieces should be submitted to Tanya Massahos (480) 415-0541
TO ADVERTISE IN THE DIGEST
Advertising rates and information are available from Irene Winterburn CP (602) 798-5426
winterburniballardspahrcom
SERVING ON THE NEWSLETTER COMMITTEE
Please contact Tanya Massahos (480) 415-0541 Newsletterazparalegalorg
THE ARIZONA PARALEGAL ASSOCIATION
The Arizona Paralegal Association (APA) was formed in 1977 and is a nonprofit professional
corporation for paralegals The APA became an affiliate association of the National Association of Legal Assistants Inc in 1988 The members are paralegals employed by Arizona law firms
freelance paralegals paralegals employed in corporations or government agencies students enrolled
in paralegal training programs and other persons interested in supporting the APA and paralegal profession
The APA was organized to elevate and maintain high professional standards and ethics of the legal
profession provide and promote continuing legal education to paralegals maintain open
communications and working relationships between APA and its members and representatives of local and state bar associations and further the interests of paralegals by gathering receiving
studying and disseminating information concerning paralegals
ARIZONA PARALEGAL ASSOCIATION BOARD OF DIRECTORS
First Vice President Teresa Romero CP
JobBankazparalegalorg
602-650-2322
Membership Chair Karen Hall Flaaen
kflaaensjbrownlawcom 602-264-9224
Newsletter Chair Tanya Massahos
Newsletterazparalegalorg
480-415-0541
Recording Secretary
Laura H Sexton EA
Secretaryazparalegalorg 602-532-9199
President Irene Winterburn CP
Presidentazparalegalorg Boardazparalegalorg
602-321-9252
Second Vice President
Marci Seek
Infoazparalegalorg Educationazparalegalorg
602-263-4411
Public Relations Chair Gayle Hassman
PublicRelationsazparalegalorg
Treasurer
Lisa Peterson CP
Treasurerazparalegalorg 602-271-0183
NALA Liaison Holly McGee
NalaLiaisonazparalegalorg 602-263-4420
Northern Arizona Representative Mary Mayer
NorthernAZRepazparalegalcom 928-231-9460
Tucson Representative Briana D Oliver
TucsonRepazparalegalorg 520-745-7829
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 4
Upcoming APA Board Meetings
Monday August 28 530 pm
Ballard Spahr
1 E Washington St Suite 2300
Phoenix AZ 85004
Anyone is welcome to attend these meetings Wed love to have you
Upcoming CLErsquos and Events
Check out our online events calendar for
CLE Seminars and other events
httpwwwazparalegalorgevents
ARIZONA Paralegal Association Announcements
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 5
Susan Lichtenberger Marisa Kumler
From the Membership Chair
Congratulations to our student members who have graduated this year I will be following up with each of
you to find out where you landed and if the APA can be of assistance in the transition from student to
paralegal extraordinaire Remember we have paralegal mentors ready willing and able to assist you in your
career
First Vice President Teresa Romero and I just returned from the NALA convention in Orlando Florida
We made contact with many wonderful paralegals across the country and came back energized to be a part of
this great career field Associations such as the APA that attended the convention took part in the Affiliates
Showcase Some have been in existence as long as or longer than the APA and some were brand new We
met a small contingent of New York paralegals who were organizing the Greater New York Paralegal
Association It was great to see their dedication to our profession and the eagerness to bring together other
paralegals in their area Teresa and I came back with interesting ideas that the APA can put into action to
better serve our members
As always if you have any questions suggestions or concerns please feel free to contact me
Karen Hall Flaaen
membershipazparalegalorg
Pictured from left K Flaaen and T Romero at the Affiliates Showcase
ARIZONA Paralegal Association Member News
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 6
10 Employer Considerations in Light of
Arizonas New Paid Sick Time
By Steve Biddle and Sarah K Watt
On July 1 2017 all Arizona employees became
eligible to begin accruing ldquoPaid Sick Timerdquo benefits
under the Fair Wages and Healthy Families Act (ldquothe
Actrdquo) For several months following the lawrsquos
enactment on November 8 2016 the Industrial
Commission of Arizona (ldquoICArdquo) the agency charged
with enforcing the Act provided little guidance on
how employers must comply with the new paid sick
time (ldquoPSTrdquo) portions of the law
However over the past few months the ICA has
issued two sets of proposed regulations and created
and regularly updated ldquoFrequently Asked Questionsrdquo
on its website designed to help employers understand
their obligations under the new PST law The
proposed regulations will not be finalized until later
this summer and employers should continue to be
watchful for additional guidance from the ICA In the
meantime because the PST law and implementing
guidance have many nuances this article will
highlight the aspects we most commonly have been
addressing and what companies should consider
doing now
Paid Sick Time ndash General Overview
Beginning on their first day of work all employees
(full-time part-time temporary and on-call) are
entitled to accrue PST at a rate of one hour for every
30 hours actually worked up to an annual cap of 40
hours for ldquolarge employersrdquo (15 or more employees)
or 24 hours for ldquosmall employersrdquo (fewer than 15
employees) unless an employer sets a higher annual
limit
Employees are entitled to use PST in the following
general circumstances (Continued on page 7)
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 7
An employeersquos or family memberrsquos need for
medical care or mental or physical illness injury
or health condition
A public health emergency or
Absence due to domestic violence sexual assault
abuse or stalking
The Act broadly defines ldquofamily memberrdquo to include
the following relationships by blood adoption
marriage or otherwise child parent spouse domestic
partner grandparent grandchild sibling or any other
person whose close affinity is the equivalent of a
family relationship
1 Counting Employees to Determine Employer
Size As noted above the number of employees
determines which annual accrual and use cap applies
A ldquolarge employerrdquo has 15 or more employees
working in Arizona on payroll for some portion of a
day in each of 20 nonconsecutive weeks in the current
or preceding year and a ldquosmall employerrdquo has fewer
than 15 employees working in Arizona
Employers must count all full-time part-time on-call
and temporary workers performing work in Arizona It
should be noted that the ICA previously directed
employers to count all employees regardless of
location to determine employer size This drastic
change of course is a prime example of how fluid the
ICArsquos guidance has been and likely will continue to be
as the realities of implementing the PST law are
realized
2 Year One Prorating Accrual and Use For the
first year of PST the ICA will permit an employer
whose selected ldquoyearrdquo2 ends less than 365 days after
the effective date of July 1 2017 to prorate
employeesrsquo annual PST accrual and usage caps based
on the number of days remaining in the employerrsquos
selected year Prorated accrual and usage caps should
be rounded up to the nearest ldquouserdquo increment
(discussed further below) Thus for a large employer
that uses hourly increments and elects to use a
calendar year (January 1 ndash December 31) employees
need not be given more than 202 hours of PST for
2017
3 PST Use Increments Employers must allow
employees to use accrued PST in the smallest
increment in an employerrsquos payroll system up to one
hour The ICA recently proposed a regulation to
clarify that employers can apply the smallest
increment used to account for absences or other paid
time off and not to the increment used in the
timekeeping system generally
4 Designating Leave as PST Without Employeersquos
Request The ICA has indicated that it will not
pursue enforcement against an employer that
designates an employeersquos time off from work as PST
provided the employer has a good-faith belief the
absence fits within the parameters of PST use If an
employer that has designated leave as PST in good
faith later learns it did so in error the employer should
promptly correct the error
5 PST Use Cannot Count Towards Attendance
Policy Employers may not count an employeersquos use
of PST towards its attendance policy or otherwise as
grounds for taking an adverse employment action
against the employee However an employer may
require employees to comply with established call-in
procedures outlined in a written distributed policy to
provide notice of an unforeseeable need to use PST
provided the employee does not have a reasonable
justification for failing to follow the policy (eg an
emergency)
6 Reporting Requirements ndash Paychecks The law
states employers must include in employeesrsquo regular
paychecks (or in an attachment to the paycheck) (1)
the amount of earned PST available to the employee
(2) the amount of PST taken by the employee to date
in the year and (3) the amount of pay the employee
has received for PST use in the year Recently
however the ICA clarified that an employer that
makes the above information available online (ie via
(10 Employer Considerations hellip Continued from page 6)
(Continued on page 8)
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 8
an email to the employee or through the companyrsquos
intranet) is compliant with the law Further employers
utilizing a general PTO policy are not required to
carve out PST balances for reporting purposes but
rather may report the data from the general PTO
balances
7 Carryover Versus Payout at Year End
Employees must be allowed to carry over up to 40 (or
24 for ldquosmallrdquo employers) hours of accrued unused
PST to the following year However this carried-over
amount will not affect the annual accrual and use caps
as described above Thus a ldquolargerdquo employer need
only allow employees to accrue and use a maximum
of 40 hours of PST per year
However employers have two options to avoid this
carry-over requirement First employers may elect to
pay out accrued unused PST at yearrsquos end but must
make the following yearrsquos PST balance available for
immediate use Second according to a recently
proposed regulation employers that frontload the full
annual allotment of PST at the beginning of a new
year (rather than requiring employees to accrue it
throughout the year) are not required to carry forward
or pay out unused PST
8 Calculating Hourly Rate for PST Payout The
ICA has stated that shift differentials and premiums
such as hazard pay should be included when
determining an employeersquos rate of pay for PST but
overtime holiday pay bonuses incentive pay tips or
gifts do not need to be included The FAQs on the
ICA website also provide direction and examples for
determining the hourly rate for piece-work and
commissioned employees
9 Using a General PTO Policy to Comply with the
PST Law Employers with existing general paid
leave policies (ie PTO) that provide an amount of
paid leave that meets or exceeds the requirements
under the Act and can be used for the same purposes
as provided under the Act are not required to provide
additional PST However there are a number of
reporting and posting requirements specific to PST
As such the practical implication of the new law is
that most employers should update their policies to
account for these potential PST issues
10 Multistate Employers Many employers have
operations in multiple jurisdictions many with
different or conflicting PST laws Accordingly
multistate employers should consider creating a
standalone Arizona PST policy or an addendum for
Arizona employees that explains the parameters of the
Arizona PST law
Conclusion
This article attempts to address the most frequent
questions and concerns we are fielding from
employers large and small However there are many
other issues requirements options and possible
consequences that are best discussed on an
individualized basis As such companies are
encouraged to contact their employment counsel to
discuss their practices to ensure compliance with the
Arizona PST law
(10 Employer Considerations hellip Continued from page 7)
Reprinted with permission of the authors
Steve Biddle and Sarah K Watt of
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 9
1347 N Alma School Road Suite 150
Chandler AZ 85224
Office (602) 347-8503
wwwAZNHFcom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 10
Paralegals strike
out on firing
claims
Law firm employees who shared complaints with
co-workers didnt engage in concerted activity
and werent illegally fired National Labor
Relations Board (NLRB) administrative law
judges (ALJ) decided in two cases on June 30
In an Arizona case McCarthy Law PLC a
paralegal was fired after she commented on a
computer survey that senior officials werenrsquot
sufficiently engaged in law firm management The ALJ found the comment didnrsquot arise out of any
group discussion or employee activity and wasnrsquot protected by the NLRA
In the second case Trey Harlin PC an ALJ acknowledged that the NLRB has found that employee
discussions about sexual harassment can be concerted in nature but she found a Texas legal assistantrsquos
recounting allegedly inappropriate comments to her co-workers wasnrsquot concerted The employee never
asked for help or suggested any group protest action the ALJ found
The two cases illustrated that employees claiming protection under the National Labor Relations Act
show that their discussions about work-related matters were concerted in character and designed to
improve wages or working conditions not merely that they involved two or more employees
To read the complete article Paralegal Legal Assistant Strike Out on Firing Claims by Lawrence
E Dube Bloomberg Law published 732017 visit httpswwwbnacomparalegal-legal-assistant-
n73014461151
The decisions for both cases can be found here
McCarthy Law PLC 2017 BL 227283 NLRB ALJ Case 28-CA-175313 63017
httpwwwbloomberglawcompublicdocumentNLRB_ALJ_Decision_McCarthy_Law_PLC_No_C
A175313_2017_BL_227283doc_id=XJSTNHPC
Trey Harlin PC 2017 BL 327284 NLRB ALJ Case 16-CA-171972 63017)
httpwwwbloomberglawcompublicdocumentNLRB_ALJ_Decision_Trey_Harlin_PC_No_CA171
972_2017_BL_227284doc_id=XJSTNHHC
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 11
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 12
What do a rape claim in Pennsylvania a car accident
in Canada and an arson case in Ohio have in
common In each one ldquowearable technologyrdquo was
used as key evidence to prove or disprove the claim
Wearable technology encompasses devices people
wear which contain smart sensors and wirelessly
connect to smartphones through a web or Bluetooth
connection Certain types of wearable technology can
track a userrsquos activity and store the information for an
unlimited amount of time In civil and criminal
litigation fitness trackers and smart watches are
emerging as a potential source of information which
could provide valuable data for the prosecution or
defense of a lawsuit
Criminal case in Pennsylvania
For example when the police in Pennsylvania were
investigating a claim of rape they pulled the data
from the victimrsquos fitness tracker a Fitbit to
substantiate her story The victim claimed she was
sleeping in her home when an intruder entered her
bedroom and raped her However the Fitbit data
showed that the victim took approximately 1000 steps
after the time she claimed to have gone to bed and
prior to calling 911 The investigating officers
believed that the ldquovictimrdquo staged the crime scene
during those extra steps After completing their
investigation the police charged the supposed victim
with tampering with evidence and filing a false report
Personal injury in Canada
When a personal trainer suffered injuries in an
accident fitness trackers were not widespread Four
years after the accident the personal trainerrsquos lawyers
outfitted her with a Fitbit Force to show the plaintiffrsquos
current level of activity The lawyers gave the data to
Vivametric an analytics company and that data was
compared with the activity of the general population
as determined by ldquoindustry and public researchrdquo
Vivametric takes a single personrsquos data compares it to
Fitbitrsquos databank of collected and stored data from
other wearers and determines whether that person falls
above or below the average In this case the lawyers
are hoping the data will support their claim that the
trainerrsquos activity was below average
Property claim in Ohio
In the arson case the claimant told investigators that
when he saw the fire engulfing his home he packed
some belongings in a suitcase broke a window with (Continued on page 13)
Wearable technology
Counting the steps to a defense verdict By Nanci R Schanerman
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 13
his cane and threw items through the window before
carrying them to his car The claimant also told police
that he had a cardiac pacemaker The police were
suspicious of the firersquos origin They retrieved the
claimantrsquos pacemaker data through a search warrant
The data included the claimantrsquos heart rate pace
demand and cardiac rhythms before during and after
the fire A cardiologist determined that it was highly
improbable due to his medical conditions that the
claimant could do all the collecting packing and
removal of items from his house and then carry them
in the short period of time he indicated In addition
gasoline was found on the claimantrsquos clothing and the
fire started in multiple places The investigators stated
the medical data represented some of the ldquokey pieces
of evidencerdquo in the case
How can litigators use wearable technology in
their every day personal injury cases
The first step as with collecting any evidence in
litigation is to engage in discovery Under Florida
law and similarly in other jurisdictions the rules of
civil procedure state that a party can obtain discovery
regarding any matter ldquothat is relevant to the subject
matter of the pending actionrdquo If a party is claiming
they are injured and are no longer as active as they
used to be the data contained on any fitness or
activity tracking device is obviously relevant The
challenge in discovery will be to limit the scope of the
request to avoid the dreaded ldquofishing expeditionrdquo The
typical objections that could arise when requesting
fitness data are that it is burdensome to produce the
data is protected by a right to privacy and the request
is not limited in time or scope
Overcoming objections
It is easy to overcome these objections for the most
part To overcome a burdensome objection the
requestor can provide a protocol for easy download of
the information For example I created a protocol to
download Applersquos fitness data collected by any
iPhone (Yes iPhones are included as wearable
technology and automatically track a userrsquos activity)
or Apple Watch The protocol outlines step by step
how to extract the raw data and takes less than five
minutes
Until there is well established law regarding the
discovery of fitness tracking data the biggest
roadblock to discovery will most likely be objections
based on a userrsquos right to privacy One way to
potentially overcome this objection is to determine
whether the user shares the information with third
parties Most wearable technology contains a social
aspect where a user shares their data with friends or a
team much like social media Therefore law on
discovery of social media information will be
analogous to the collection of fitness tracking data In
Florida the Fourth District Court of Appeal in the
landmark case of Nucci v Target held that
ldquophotographs posted on a social networking site are
neither privileged nor protected by any right of
privacy regardless of any privacy settings that the
user may have establishedBy creating a Facebook
account a user acknowledges that her personal
information would be shared with othersrdquo Similarly
by opting to share fitness data with friends a user
acknowledges that his or her personal information
will be shared with others A second way to
potentially overcome a privacy objection is by
analogizing the fitness data with medical data
contained in medical records A plaintiffrsquos medical
records have long been considered discoverable to
prove a plaintiffrsquos injuries
Admissibility
After discovery of the data the next step is to lay the
foundation for admissibility at trial The foreseeable
challenges to admissibility are most likely going to be
the authentication of the data and the accuracy of the
data There are several ways to authenticate the data
such as questioning the user identifying data unique
to the use of the device like references to a particular
fitness goal or hiring a computer forensic expert
Proving the accuracy of the data will be a bigger
problem For example Apple admits that its heart rate
data is flawed If anything is blocking the LED lights
on the back of the watch which measure the heart rate
such as tattoos or irregular skin perfusion the heart
rate reading will not be accurate Similarly Apple
states on its website that water immersion while
swimming could interfere with accurate heart rate
data Furthermore irregular movements can confuse
(Wearable Technology hellip Continued from page 12)
(Continued on page 14)
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 14
any device Fitbit has also had the accuracy of its heart
rate data questioned in a class action filed in 2016
currently pending in Northern District of California In
the suit consumers from California Colorado and
Wisconsin allege that the heart rate tracking in the
Charge HR and the Surge two products that came to
market in 2015 is inaccurate by a significant
margin especially during periods of intense exercise
Overcoming challenges to accuracy of the data will
surely interfere with its admissibility but it would still
certainly be worth trying to admit overall trends in the
data instead of an exact number of steps walked in a
day or beats per minute of a personrsquos heart
With all of this in mind the challenge will be to find a
plaintiff pursuing a claim who utilizes a fitness
tracker This may become less of a challenge in the
next few years as experts predict fitness trackers and
smart watches will increase in the market by 195
million units by 2020 Furthermore employers and
insurance companies are outfitting people with
wearable technology to reduce risks and work place
injuries Several health insurance companies are
offering discounts to people who utilize this
technology and submit it to show a healthy and active
lifestyle
Wearable technology is constantly evolving and
getting better with each generation It will be
interesting to see what happens when the law catches
up and whether this data will become a regular part of
personal injury litigation much like social media
discovery
Reprinted with permission of the author
Nanci R Schanerman of
(Wearable Technology hellip Continued from page 13)
Mike McCrary Discovery Consultant
mmccraryfronteocom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 15
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 16
Join us on WEDNESDAY August 9 2017 at 1200 PM for this one-hour CLE webinar by Dr Arthur Eckstat ldquoWill That Product Liability Personal Injury Claim Prevailrdquo
What yoursquoll learn
Whether you are the team pursuing a product liability personal injury claim or defending against one the
criteria for prevailing is much the same Yoursquoll learn the criteria for a valid product liability claim and further
examine red flags that can affect your ability to prevail and suggestions on how to manage them
Criteria and Red Flags discussed include but not limited to
This webinar qualifies for 1 hour of CLE credit
Cost $25 for APA members $30 non-members
LAST DAY TO REGISTER FRIDAY AUGUST 4 500 PM
Identifying party(s) responsible Evidence collecting and protecting
How and why did the injury occur Expert witnesses ndash need types roles
What really happened despite story Interrogatories ndash Use and abuse
Likelihood of substantiating negligence Costs of pursuing or defending a claim
Strict Liability criteria for prevailing Contingency fee considerations
Identifying designmanufacturing defect
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 17
Our Speaker
Dr Arthur Eckstat
Engineering Consultant and Expert Witness
Dr Arthur Eckstat has served as an Engineering Consultant amp Expert Witness for over 15 years specializing
in Products Liability Personal Injury matters including wrongful death Art is often approached by plaintiff
attorneys to support what would be an unwinnable claim He created Lawsuit Consultant
(wwwlawsuitsconsultantcom) to help Products Liability Plaintiff Attorneys learn how to choose craft and
conduct winning cases while identifying and avoiding losing or under-performing cases That service
expanded to helping Defense Attorneys and insurance companies learn how to determine the validity of injury
claims Regardless of which side of an injury claim yoursquore representing two primary questions are ldquoHow was
the claimant injuredrdquo and ldquoWhy was the claimant injuredrdquo
Art possesses a Mechanical Engineering degree and an earned Doctorate He took early retirement from the
corporate worlds of Automotive and Aerospace engineering where he received international recognition and
accolades from both internal and external customers for his unique ability to see and explain what others have
missed He has successfully bridged the breach between Academic and Practitioner Art was honored as a
Contributor to Aviation History by Donald Engen Director of the Smithsonian National Air and Space
Museum in a ceremony held at the museum in Washington DC
DEADLINE TO REGISTER August 4 at 500 pm
Premier Designs Jewelry
Kathy Hanchette
Beyond Diva Jewelry
602-264-2230
wwwArizonaCourtReporterscom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 18
A degree above all others
12th Street and Missouri
Phoenix AZ 85014
(602) 212-1445
mbatranscriptazcoxnet
Serving local and national clientele with their
legal and general transcription needs
including civil criminal personal injury
family law as well as assisting in other areas
of law
INTEGRATED MEDICAL EVALUATIONS INC
401 W Baseline Rd Suite 206
Tempe AZ 85283
6023650132
wwwimewestcom
I avoid looking I avoid looking I avoid looking
forward or forward or forward or
backward and backward and backward and
try to keep try to keep try to keep
looking upward looking upward looking upward Charlotte BronteCharlotte BronteCharlotte Bronte
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 19
Many have a problem with lie or lay How do you know when to use which one
Lay (lay laid laying) means ldquoto putrdquo or ldquoto placerdquo Because itrsquos a verb (action word) it requires an object to
complete the meaning
Please lay the groceries on the counter
She laid her resignation letter on the bossrsquos desk
He is always laying his schoolbooks on the kitchen table
Lie (lie lay lain lying) means ldquoto recline rest or stayrdquo or ldquoto take a position of restrdquo Unlike lay which re-
quires it lie cannot take an object
She said she was going to lie on the bed to test the mattress
The pleading was lying on his desk for him to sign
A way to remember the difference is that if you can replace the questionable lie or lay with place (or the correct
version of it) then you need to use the correct version of lay If it doesnrsquot use the correct version of lie
She wanted to (lay or lie) down for a nap Would you say ldquoShe wanted to place down for a naprdquo No So
the proper word would be lie
He (laid or lay) the coffee on his secretaryrsquos desk Is it ldquoHe placed the coffee on his secretaryrsquos deskrdquo Yes
Then laid is correct
Another reminder hint might be if you are going to plAce something then you are going to lAy it but if you
are going to rEst you are going to liE
Thanks to Kathy Sieckman PP PLS-SC ACP of wwwProofthatblogcom for the above
To Lay
or Lie
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 20
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 21
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 22
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 23
Occasionally we all come across
situations in which we wonder
Would Miss Manners approve But
in the digital age of social
networking the etiquette lines can
become even blurrier Following are
some common sticky business
etiquette questions and tips to help
tackle them
Social Media
Should I personalize my LinkedIn requests to
connect with others
Its perfectly fine to use the form letter and in fact
most people do it for convenience even when
connecting with close contacts But if you wish to
connect to someone you havent seen in a while take
the time to personalize the message and explain how
youve met
How do I keep my manager from getting wind of
my job search using LinkedIn
If you consistently have a voice share opinions and
articles and tend to your audience and your network
as a daily routine mdash and not just when youre looking
for work mdash then when its time to find that next career
opportunity none of your activity will look out of the
ordinary But its not smart to immediately update your
LinkedIn profile by adding a large number of new
contacts fleshing out your profile and soliciting
recommendations Adjust your settings so you dont
broadcast activity youre not willing to share Pay
particular attention to the Opportunity Preferences
section under Contact Settings If you say you are
interested in career opportunities you could be
sending a red flag to your manager You can gain
exposure among your peers by joining groups related
to your professional field Many recruiters are
members and scan the roster for potential hires
Contribute to the discussion and establish yourself as a
subject matter expert to catch their interest
Should I friend my boss or coworkers
This is the $64000 question and the feelings of those
on the receiving end may provide the answer (See
Thinking About Friending Your Boss on
Facebook on Page 10 of Business Etiquette The
New Rules in a Digital Age) If you do connect utilize
privacy settings and different friend lists to control
how mdash and with whom mdash you share content Be
sensitive to your professional environment some
industries or companies are much more engaged in
digital networking than others If youre starting a new
job take your cue from others before sending out
friend requests to your new colleagues
Can Facebook postings hurt my job search
A good rule of thumb is to always post prudently If
you dont want your employer to see it get rid of it A
recent survey by our firm revealed that 44 percent of
executives review the Facebook presence of potential
hires Even if your account is just for fun keep it in
check To put your Facebook on a privacy lockdown
click on the drop-down Account menu in the top
right corner and select Privacy Settings Keep in
mind that Facebook may change its privacy features at
(Continued on page 24)
Sticky Business Etiquette Questions amp Answers
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 24
any time and you might not be aware of the changes
when they occur Always assume that anything you
post online may become public
Should I use Facebook at work
Maybe if its for work-related purposes and not just
keeping your friends updated on your weekend
activities Then again maybe not Thirty-eight percent
of chief information officers interviewed by Robert
Half have implemented stricter social networking
policies as these tools have become more prevalent in
the workplace If youre not sure what rules your firm
has in place check with your manager or human
resources representative Your best bet is your own
good judgment Just as you would expect to restrict
personal phone calls or conversation at work you
should limit personal use of social networking
platforms too
Whats the right way to decline a request to
connect with someone
While an automated No thank you could make our
lives easier no response at all might be your best bet
Dont feel pressured to connect with someone you
would rather not form a relationship with and dont
feel the need to explain your decision If you expect
you might run into the individual in person be
prepared in case you are confronted about it Simply
click Ignore especially if the person is a stranger
If someone follows me on Twitter should I
automatically follow him or her back
No because you may end up unfollowing the person
later Before following people check out their feed
bio and previous tweets to get a sense of them or their
organization and determine if youll be interested in
seeing the kind of content they share Although its
considered good etiquette to follow someone back
dont do it indiscriminately Its your feed and you
want to make it valuable to you
Emails and Conference Calls
Uh oh I sent a confidential email to the wrong
person What do I do now
Its not a lost cause and there are a few steps you can
take First try to use the recall function of your email
program But keep in mind that not all applications
offer this option and various factors can affect how
successful it is If this step doesnt solve the problem
you need to limit the impact of your mistake Contact
those who are affected the recipient and possibly the
person to whom you intended to send the message
Explain your error and if you need their help
correcting it You also may need to inform your
manager of the mistake
How responsive should I be to e-mail when Im on
vacation
It depends on whether you want to have a real
vacation If your Out of Office says youre not
checking e-mail on vacation dont check and respond
to messages Doing so changes expectations and
implies youre more accessible than you said youd be
Instead be considerate to others needs while you are
out and list a back-up contact in your Out of Office
auto response
I forgot to attach a file before sending an emailhellip
again How can I avoid this in the future
Slow down Everyone forgets to attach a file from
time to time because theyre in a rush But repeatedly
making this mistake can cause your colleagues to
question your attention to detail Going forward try
attaching your file before you compose your message
This way you can be sure it makes it to the recipient
Just make sure you attach the right file
How can I prevent my colleagues from scheduling
conference calls over lunch
Everyone should have a chance to eat lunch Often
people simply look for an open spot on others
calendars when scheduling a meeting So you might
consider blocking out your lunch hour to ensure you
have time to grab a bite to eat Although it may be
unavoidable to meet during this time on occasion you
might find that this simple step helps you out
Thanks to Robert Half for this information To learn more about
Robert Half visit wwwroberthalfcom
(Sticky Business hellip Continued from page 23)
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 25
3150 N 24th Street
Suite D-104
Phoenix AZ 85016
6022569700
The Nationwide Legal LLC team provides a
broad spectrum of comprehensive legal support
services at an unparalleled level of quality NWL
utilizes state-of-the-art technology to deliver
practical and cost-effective solutions for all of
your legal support service needs wwwNationwideASAPcom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 26
BILLING
BLUNDERS AND
FEE AGREEMENT
ESSENTIALS Speaker
Lynda C Shely
Esq
Ethics Lawyer
Speaker
Consultant
APA WEBINAR
Wednesday September 13 2017
1200-100 pm
COST APA Members $25 (or use your free 2017 webinar coupon) All others $30
This webinar qualifies for 1 hour Ethics CLE credit
Lynda C Shely of The Shely Firm PC Scottsdale Arizona provides ethics advice to over 1500 law firms in Arizona and the
District of Columbia on a variety of topics including conflicts of interest fees and billing trust account procedures lawyer
transitions multi-jurisdictional practice ancillary businesses and ethics requirements for law firm advertisingmarketing She also
assists lawyers in responding to initial Bar charges performs law office risk management reviews and trains law firm staff in
ethics requirements Lynda serves as an expert witness and frequently presents continuing legal education programs around the
country Prior to opening her own firm she was the Director of Lawyer Ethics for the State Bar of Arizona Prior to moving to
Arizona Prior to moving to Arizona Lynda was an intellectual propertyantitrust associate with Morgan Lewis amp Bockius in
Washington DC Lynda received her BA from Franklin amp Marshall College in Lancaster PA and her JD from Catholic
University in Washington DC
Lynda was the 2015-2016 President of the Association of Professional Responsibility Lawyers She serves on several State Bar of
Arizona Committees and as a liaison to the ABA Standing Committee on Ethics and Professional Responsibility She is an
Arizona Delegate in the ABA House of Delegates Lynda has received several awards for her contributions to the legal profession
including the 2007 State Bar of Arizona Member of the Year award the Scottsdale Bar Associationrsquos 2010 Award of Excellence
and the 2015 AWLA Maricopa Chapter Ruth V McGregor award She is a prior chair of the ABA Standing Committee on
Client Protection and a past member of the ABArsquos Professionalism Committee and Center for Professional Responsibility
Conference Planning Committee Lynda was the 2008-2009 President of the Scottsdale Bar Association She has been an adjunct
professor at all three Arizona law schools teaching professional responsibility
LAST DAY TO REGISTER FRIDAY September 8 2017 at 500 PM
Click Here to Register httpazparalegalorgevent-2588123
Ethical and practical considerations for all firms ndash even those that think they do not need to
track hourly time Lynda will review what clauses are mandatory for all fee agreements in Ar-
izona as well as clauses that will help with client communications and expectations Billing
tips will go over the five things to never do in a time entry why block billing is prohibited in
Arizona how to get paid faster and common mistakes made in client invoices
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 27
WOOLSTON amp TARTER PC AUDIT DEFENSE amp TAX LITIGATION
Congratulations to the Arizona
Paralegal Association on 40
successful years of promoting the
paralegal profession
In just about every area of society therersquos nothing more important than ethics
Henry Paulson
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 28
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 29
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 30
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 31
Jason Bagley
Senior Territory Manager
(602) 559-4587
jasonbagleylexisnexiscom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 32
GENDER EQUALITY
The process of voir dire sometimes includes
subtle and not-so-subtle attempts at gender
stacking of jurors to prevent or create bias
toward a plaintiff Other demographic factors
may be more influential but gender is still
important though not necessarily in the way
one would suspect
The accompanying chart based on California New York and Texas cases reported to VerdictSearch depicts
plaintiffsrsquo winning percentages according to the plaintiffrsquos gender and the juryrsquos composition Bias is evident
but it is not dependent on the plaintiffrsquos gender
Any plaintiffrsquos winning percentage is substantially greater when his or her case is heard by a female-
dominated jury rather than a male-dominated jury or a gender-neutral jury The takeaway All other factors
being equal plaintiffs are best served by female jurors The equation flips when it comes to awarding
damages but thatrsquos a topic for another study
Thank you to Verdict Search for this analysis To learn more about VerdictSearch visit
wwwVerdictSearchcom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 33
Vol 13 No 8 August 2017
Fees Increase in One Week
Most filing and service fees will increase on Wednesday August 9 2017 Documents submitted for filing that are received by the Clerks office (file counter by mail or through a filing depository box) on or before August 8 will be subject to the current fees Documents received for filing on and after August 9 will be subject to the new fees Fees are posted on the Clerkrsquos website at httpwwwclerkofcourtmaricopagovfeesasp
Appeal and Cost Bond Info Online
Court rules statutes court orders or other authorities may require posting appeal or cost bonds with the Clerks Office Depending on the type of issue the parties the complexity of the case and other factors years can pass between the bond posting date and resolution of related issues During that time parties attorneys and the courts may overlook issuing a court order releasing the money The Clerks Office holds the funds until a court order directs the Clerk specifically what to do with those funds The Clerkrsquos Office has now posted lists online of bonds posted with the Clerks Office where the need for the bond may have ended and no court order was filed allowing the Clerk to return the money If you or your clients posted an appeal or cost bond in any case it is worth checking if funds are still on hold
Customers can search the online lists by party name or case number A party or their attorney must file a petition with the court requesting an order be issued directing the Clerk to release these funds The Clerks Office will only release money by court order and only as specifically directed in the order For more information about the deposit or release of these funds including specific information the Clerkrsquos Office needs before releasing money see the Clerkrsquos website at httpwwwclerkofcourtmaricopagovrelease_bondsasp The Clerks Office will only assist parties to a case or their attorneys Third-party vendors personal representatives and other non-parties must be named in a court order to obtain detailed information or to receive a payment check
Law Library Resource Center Filings Grow by Leaps and Bounds
Last year the Superior Court in Maricopa County renamed relocated and expanded its self-service center into the Law Library Resource Center (LLRC) The Clerkrsquos Office staffs a filing counter within the downtown Phoenix LLRC to allow customers a one-stop-shop for research drafting and filing court documents Filings within the LLRC have gone up every month since its establishment In January 2017 the file counter handled 406 transactions and nearly doubled that volume by the end of March 2017 with 802 transactions In June the file counter processed more than 1000 transactions Clerk staff at this window can process fee deferral applications adding to customersrsquo onsite convenience For more information about the LLRCrsquos services locations and other details see the Superior Courtrsquos website at httpswwwsuperiorcourtmaricopagovSuperiorCourtLawLibraryResourceCenter
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 34
THANK YOU
Our Charity Raffle Prize Drawing for this beautiful quilt donated by the Emmanuel Lutheran Quilters of Prescott Valley Arizona raised $350
All proceeds have been provided to Feed Hungry Children Program in Prescott Valley Arizona
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 35
Paralegal robot reviews patent documents There is a new software RoboReview that helps patent
lawyers draft applications that are more likely to pass muster with the USPTO It automates paralegal
work bringing more rigor to the task of researching prior art and potentially saving thousands of dollars
on a filing Typically this review is done by humans doing multiple searches To read more visit the
ABA Journal httpwwwabajournalcomnewsarticlepatent_document_robot_legal_review
Paralegal cries after being charged with stealing $12 million from law firm The paralegal was an
office manager for a law firm in downtown Toledo where prosecutors allege she embezzles money from
the firm and from the trust account of a disabled client between 2008 and September 2015 The suit
claims that the paralegal forged signatures and falsified bookkeeping software and other records to steal
from the firm The paralegal cried throughout the bond hearing She has been fired To read more about
this case visit httpwwwtoledobladecomCourts20170712Bond-set-at-100K-for-office-manager-
charged-with-embezzling-1-2Mhtml
Paralegal re-appointed to Florida Bar Section Priscilla Horn Warren a nationally and Florida
certified paralegal will continue to serve on the States Solo and Small Firm Section as their paralegal
representative for 2017-2018 term Warren has continuously served as paralegal liaison with the section
since 1995
Law Firm not liable for paralegal mistake on $15 bn loan A New York Judge found that the firm did
not owe a duty of case to third parties The paralegal had accidentally cancelled the security interest of a
$15 billion loan to General Motors The firm did not represent the lenders and as such did not owe a duty
to third parties JP Morgan Chase acted as lenders and its lawyers also missed the mistake The mistake
was only noticed when GM filed for bankruptcy protection in 2009 To read more visit
httpwwwgloballegalpostcombig-storiesmayer-brown-not-liable-for-paralegal-mistake-on-$15-bn-
loan-73921531
Lawyer and paralegal arrested after being found with meth pipes and other drug paraphernalia
The attorney claimed that the equipment didnt belong to him (my paralegal did it defense) To read
more visit httpwwwarkansasmatterscomnewslocal-newsconway-lawyer-and-paralegal-arrested-on-
drug-possession769588833
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 36
DIAMOND SPONSORS
National Health Finance
ABI Document Support Services
RUBY SPONSORS
Nationwide Legal Inc
Vocational Diagnostics Inc
EMERALD SPONSORS
MBA Legal Transcription
First Legal Network
LexisNexis
Coash amp Coash
Robert E ldquoBobrdquo Underdown The Insurance Archaeologist
Jones Skelton amp Hochuli
THANK YOU TO OUR SPONSORS AT OUR ANNUAL LEGAL CONFERENCE AND 40TH ANNIVERSARY CELEBRATION
Thank you to the individuals and businesses that support the Arizona Paralegal
Association in our efforts to promote and educate the paralegal community by
becoming Legal Seminar Sponsors The assistance of our sponsors has been vital in
bringing educational programs to paralegals across Arizona This Legal Seminar would
not be possible without the help of the sponsors and we hope you will join us in
PEARL SPONSORS
Compex Legal Services Inc
Kathy Hanchette Premier Designs
Robson Forensic
Parasec
Iron Mountain
Litigation Services
Fronteo
The Morton Group
Integrated Medical Evaluations Inc
Elite Medical Experts
Lynn Tofaute Yanbal Jewelry
Griffin amp Associates
Discovia
Woolston amp Tarter PC
Ottmar amp Associates
Ballard Spahr LLP
DTI Global
Thank you to these Northern Arizona sponsors who have generously donated
prizes for the Arizona Paralegal Association drawing
Murphyrsquos Restaurant Prescott Arizona
Susanne Chacon Scentsy 9287108777
Yavapai Title 9284452528
Mangum Pearce Court Reporting 9284451909
Prescott Law group PLC 9284451909
Emmanuel Lutheran Quilters Prescott Valley
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 37
Congratulations to the Arizona Paralegal Association on 40 years
1 East Washington St Suite 2300
Phoenix AZ 85004
602798-5400
wwwballardspahrcom
6024851488
wwwOtmarAssoccom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 38
APA MEMBER JOB BANK
DONrsquoT FORGET TO CHECK OUR ONLINE
JOB BANK FOR UP-TO-DATE JOB LISTINGS
at httpwwwazparalegalorgjobbank
[In order to view the online Job Bank you must login
to our new website (using your email and password)
If you experience any difficulty logging in please
contact membershipazparalegalorg for assistance]
PARALEGAL - BANKRUPTCY LITIGATION
Position Overview
Under the supervision of one or more lawyer(s) the
Paralegal assists in the delivery of quality efficient
and accessible legal services in the bankruptcy real
estate corporate andor commercial litigation practice
groups
Responsibilities
Draft routine pleadings statements affidavits
andor other legal documentation as appropriate at
the specific direction of attorneys
Prepare initial drafts of legal documents for
bankruptcy proceedings including case captions
and simple pleadings such as claim forms requests
for notice or judicial notice etc
Arrange Court Call appearances communicates
and cooperates with Court clerks on filings and
appearance requirements and interacts with Court
personnel as necessary to serve client needs
Prepare initial drafts of fee applications when
representing estate professionals and oversecured
creditors in bankruptcy cases and in connection
with fee awards in other litigation contexts
including exhibits and declarations in support
Compile documents in connection with appeals
including designations and indexes of the record
district court elections and requests for transcripts
Draft notices of appearance substitutions of
counsel documents pro hac vice applications and
corporate ownership statements
Assist with discovery-related filings including
Bankruptcy Rule 2004 examination applications
notices and orders subpoenas and notice of
servicecompliance
Manage non-judicial trustees sale process
including security instrument review public
record filing review notice drafting service
completion bid compilation sale procedures
communications with interested parties deed upon
sale drafting and all necessary public recording
and filing
Perform ECF filings and review local rules for
pleading forms notice and service requirements
Fulfill duties to deliver court copies courtesy
copies lodged order uploads in pdf or Word and
complies with all local rule requirements
Organize index and track large numbers of
documents including development of information
(Continued on page 39)
DO YOU KNOW OF A PARALEGAL POSITION AT YOUR PLACE OF EMPLOYMENT
If so advise your employer that the APA offers ad space for paralegal jobs to employers free of charge To place a job bank ad or for information on a job send an e-mail to Betsy Wolf at jobbankazparalegalorg
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 39
APA MEMBER JOB BANK
retrieval systems performs all case management
functions
Perform calendaring or docketing of information
as needed
Research and obtain information from various
courts administrative bodies public information
sources etc
Performs electronic research using PACER court
websites Westlaw and Lexis in addition to
Shepardizing and Bluebooking citations
Coordinate efforts with trials and hearings such as
taking notes handling exhibits organizing and
gathering factual information etc
Attend trials or client meetings as needed inside
and outside the office that require face-to-face
contact
Coordinate vendors in conjunction with a project
such as court reporters process servers copy
vendors etc
Track time in DTE and assures that services
provided are properly charged to the client
Track expenses for travel client meetings and
court appearances
Essential Job SpecificationsQualifications
Familiarity with pleading notice and service rules
triggered in Chapter 7 and 11 Bankruptcy Courts
Familiarity with Uniform Commercial Code
enforcement process and procedures
Familiarity with basic corporate formation
practices and procedures
Ability to perform ECF filings
Excellent computer skills including Word Excel
PowerPoint and database applications
Ability to deal professionally with all levels of
clients both internally and externally
Proven ability to solve problems work
independently and tackle projects with minimal
supervision
Ability to be flexible meet deadlines handle
pressure and adapt to changing work priorities
work flow and work assignments
Ability to effectively and respectfully
communicate verbally and in writing with other
staff lawyers management and clients
Ability to organize a large amount of data and files
into an efficient system (both electronic and
hardcopy) for easy filing and retrieval
Ability to maintain confidences as well as build
confidences and trust
Ability to pay close attention to detail
Ability to work overtime up to 10 or more hours
per week
Ability to work off-site at client location(s) for
extended periods of time
Requires the ability to regularly report to work on
the days and times scheduled or alternatively to
work flex hours depending on lawyer and client
needs
Physical Demands
Ability to work in a typical office environment and
lift up to 25 lbs NOTE Reasonable
accommodations may be made to enable
individuals with disabilities to perform the
essential functions
Travel
Ability to travel locally
EducationExperienceCertifications
Bachelors Degree andor Paralegal Certificate
Minimum of two years experience with
bankruptcy and litigation practice(s) at a law firm
Disclaimer
The above statements are intended to describe the
general nature and level of work being performed by
the incumbent in the position They are not intended
to be an exhaustive list of all responsibilities duties
and skills of the employee Duties and responsibilities
may change at any time with or without notice
(Job Bank hellip Continued from page 38)
(Continued on page 40)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 40
How to Apply Please send resume to
lisaspannbryancavecom
Equal Opportunity Employer
LITIGATION PARALEGAL - INSURANCE
DEFENSE
Jones Skelton amp Hochuli is seeking an ambitious
paralegal with 5+ years of experience in general civil
litigation and experience in State and Federal courts
The ideal candidate will have a stable work history
and exceptional communication and organizational
skills We offer a competitive salary and benefits
package and a team-oriented working environment
Please email your resume to Recruitingjshfirmcom
AAEOE
EXPERIENCED LITIGATION PARALEGAL
Dickinson Wright PLLC (Phoenix office) is in need of
a litigation paralegal
Requires a minimum of three yearsrsquo recent experience
in Arizona law
Job Description
Organize and synthesize information through the
preparation of summaries chronologies reports
spreadsheets
Draft and review routine legal documents (eg
privilege logs exhibit lists discovery disclosures
etc)
Assist attorneys on cases by providing
computerized support to help them plan organize
research analyze argue and present their cases in
a more cost and time efficient manner
Provide the day-to-day support of data
management
Assist attorney in trial preparation and set-up of
electronic equipment in the courtroom provides
court assistance as required
Assist with managing cases projects on various
levels and at various stages of the litigation
process
Candidates must have excellent communication skills
for contacting clients experts and other outside
parties have knowledge of state and federal court
rules procedures and e-filing requirements drafting
be self-motivated a team player proficient in MW
Word Outlook 2010 and a working knowledge of
document management systems Relativity and Trial
Director experience is a must
EducationalExperience requirements
Paralegal certificate from ABA school or
certification
We offer a competitive salary and benefits package
and an outstanding work environment All candidates
must submit a cover letter resume and salary history
Please email resumes to
LMandellDickinsonwrightcom
EXPERIENCED FAMILY LAW PARALEGAL
Cantor Law Group an AV-rated six-attorney family
law firm located in downtown Phoenix seeks a sharp
paralegal with at least two years of recent Arizona
family law experience In this position you will work
closely with an associate attorney to manage a case
load of 40+ cases covering a wide range of domestic
relations issues Experience with high-asset andor
DCS cases is a plus Must be a strong writer able to
draft pleadings and correspondence Exceptional
people skills are needed as there is a great deal of
client contact
An attractive compensation and benefits package is
available for the right candidate In addition to a
competitive salary and bonus opportunities we offer
an outstanding benefits package including ten paid
(Job Bank hellip Continued from page 39)
(Continued on page 41)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 41
holidays per year ten days paid vacation days yearly
five days personal paid time off yearly as well as the
availability of medical dental vision and life
insurance A 401K with a very generous employer
match is offered after one year
Requirements
2 years recent Arizona family law experience
Proactive able to handle and direct caseload with
minimal supervision
Attention to detail and excellent follow-up
Excellent analytical capabilities amp writing skills
able to draft substantive motions for attorney
review
Work well as a member of a fast-paced team
Professional appearance demeanor and attitude
Great client relations skills
Excellent computer skills including proficiency in
MS Word and other MS Office applications
Paralegal certification preferred (not required)
Knowledge of Time Matters or other case
management software a plus
Please send resumes to hrdmcantorcom
EXPERIENCED CRIMINAL DEFENSE
PARALEGAL
The Law Offices of David Michael Cantor an AV
rated criminal defense firm in Downtown Phoenix is
seeking an experienced paralegal with felony amp
misdemeanor experience to work closely with our
attorneys Our practice includes the full spectrum of
criminal charges and you will have the opportunity to
work on cases involving drug charges violent crime
sex offenses white collar crime property crime and
DUIs
The job
Proactively manage a substantial caseload without
direct supervision
Prepare and file pleadings according to attorney
instructions
Prepare trial notebooks and handle all trial prep
work
Create high quality correspondence and other
documents with little to no supervision
Maintain professional relationships with law
enforcement and prosecutors
Provide excellent customer service for our clients
Support 1-2 attorneys
We offer
Competitive compensation
Outstanding benefits including medical dental
vision lifeADampD coverage
401K with generous employer match
Paid vacation and sick time
Ten paid holidays per year
You
2+ years of private Arizona defense experience
handling both misdemeanor and felony charges
Familiar with Arizona courts and MVD
Proactive ndash needs little supervision
Great follow-up skills and attention to detail
Excellent writing skills
Professional appearance and behavior
MS Word and other MS Office applications
Keyboard speed 50+ wpm
Reliable
Enjoy being a member of a friendly team of
professionals
Experience with Abacus or other case
management software desirable
Please send resumes to hrdmcantorcom
PARALEGAL
Sentry Insurance is looking for a Paralegal to provide
litigation and administrative support to our Staff
(Job Bank hellip Continued from page 40)
(Continued on page 42)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 42
Counsel operation If you are looking for a career
with great potential choose the company with the
strength and stability to offer it all
What Yoursquoll Do
As the Paralegal yoursquoll assist the attorney staff by
performing legal activities which do not require
attorney signature client advise or appearances in
court In addition yoursquoll
Assist in the preparation of responses to discovery
under direct supervision of an attorney
Perform factual investigations and document
searches
Obtain investigative materials and policy
information
Contact insureds and other witnesses to obtain
factual statements
Coordinate scheduling of litigation activities and
witness appearances
What it Takes
Associate Degree or equivalent work experience
2-5 years of related work experience at least one
year in litigation practice
American Bar Association-Certified Paralegal
Training
Advanced knowledge of case management and
knowledge of and ability to perform legal
research
Experience with resources such as Westlaw and
Lexis
Strong analytical ability and knowledge of
litigation processes
Strong organizational and communication skills
Ability to maintain confidentiality
Strong working knowledge of the Internet
PowerPoint Excel and Word and familiarity with
legal case management software (ProLaw Clio
etc)
Ability to work independently and in multi-
jurisdictional venues
Must be able to meet travel requirements of the
job
What Yoursquoll Receive
We offer an outstanding array of benefits for our
associates including
Competitive Compensation
Group Medical Dental Vision and Life benefits
Generous Paid-Time Off - including Company
Holidays
401k plan with a dollar-for-dollar match on your
first six percent ndash immediate vesting
Access to more than 100 certification designation
and licensing courses
Career advancement opportunities
Why Sentry Insurance
Sentry employees have been helping individuals and
businesses build and protect their futures since 1904
Because of the trust placed in us Sentry is one of the
largest and strongest mutual insurance companies in
the United States and is rated A+ by AM Best the
industrys leading rating authority Sentry offers a full
line of property casualty and life insurance products
to protect businesses cars homes lives and retirement
incomes
So make the right choice - with great potential for
growth an outstanding 401(k) program and a schedule
that offers you a balance between your work and life
choose the company with the strength and stability to
offer it all Choose Sentry Insurance Sentry
Insurance is an Equal Opportunity Employer Apply
online at httpsjobssentrycomsearch119871
FULL-TIME LEGAL SECRETARY ASSISTANT
Mid-sized law office is seeking a self-motivated and
highly organized legal secretary with a minimum of 5
years of experience supporting 2 or more attorneys
Position will support multiple attorneys with case
management assistance calendaring state and federal
court filings formatting correspondence and
(Job Bank hellip Continued from page 41)
(Continued on page 43)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 43
pleadings copying mailing and other clerical duties
Optimal candidate will be able to accept and
implement directives maintain focus in hectic
environment keep attorneys informed of progress at
regular intervals and prioritize multiple projects
Working knowledge of MS Word amp Excel required
Associatersquos degree and background in litigation andor
insurance preferred EEOC Please email reacutesumeacute and
cover letter with salary requirements to
admincdslawfirmcom
EXPERIENCED PLAINTIFFS PERSONAL
INJURY LEGAL ASSISTANT
Small growing fast-paced Central Phoenix Personal
Injury Law Firm seeking full-time Legal Assistant to
join our team
Candidate must have excellent skills and 5 years
experience in a Plaintiffs Personal Injury Law Firm
with an ability to perform in a fast paced environment
Bi-lingual (SpanishEnglish) preferred but not
required Position involves significant interaction with
clients and requires attention to detail Good
organizational skills with a strong work ethic are
essential as is the ability to multi-task
Responsibilities include handling a large pre-litigation
caseload interfacing with attorneys and legal
assistants Must be proficient with MS Word Outlook
and Needles Case Management (preferred but not
necessary) Salary is competitive and DOE
Qualified candidates should e-mail resume with a
cover letter detailing their skills employment history
and salary requirements to
acoronadoblakefirmcom
(Job Bank hellip Continued from page 42)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 44
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
NALA Campus LIVE - Live web seminars are offered in two sessions each year FebruarymdashMay and AugustmdashNovember Each ses-sion features about 30 on-line seminars The audio files and handout material are copyrighted by NALA and the authors They are for personal use only Duplication of any of the material or any commercial use is strictly prohibited
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics httpswwwnalaorgcontinuing-educationwebinars NALA Campus LIVE - Live web semi-nars are offered in two sessions each year FebruarymdashMay and AugustmdashNovember Each session features about 30 on-line seminars The audio files and handout material are copy-righted by NALA and the authors They are for personal use only Dupli-cation of any of the material or any commercial use is strictly prohibited
82217 Music Law and Intellectual Property Rights
82417 So the Plaintiffrsquos on Medicare
82017 The ABCrsquos of Special Education
In addition to the Live Webinars NALA has On-Demand Webinar Courses available httpswwwnalaorgcontinuing-educationon-demand-webinar NALA also has a wide variety of available Self-Study courses as well as the Live Webinars You can access the Self-Study courses here httpswwwnalaorgcontinuing-educationself-study Many of these courses are recommended for preparing for the CP exam
NATIONAL BUSINESS INSTITUTE
wwwnbi-semscom
Live Video Webcasts
httpwwwnbi-semscomDefaultaspxVideo-WebcastsNavigationDataSource1=N63782
OnDemand amp Downloads
httpwwwnbi-semscomContentaspxst=ArizonaampNavigationDataSource1=N63932-63947
8817 Probate Boot Camp
8917 Real Estate Title and Conveyance Handling the Top
Issues
8917 Marijuana Business Legal Considerations
81417 Legal Descriptions Title Insurance and Surveys in Real
Estate Transactions
81517 Advanced Custody and Support Issues
81617 Personal Injury Trials 101
82117 Trusts from Start to Finish
82217 How to Get Your Clients Paid Debt Collection 101
82317 Bankruptcy The Ultimate Guide to Chapter 7 and 13
82817 Conflicts of Interest A Practical Legal Ethics Guide
82917 Using LLCs to Protect Assets
83017 Complex Social Security Law Issues
83017 Dealing With Problem Employees A Legal Response
Guide
And many morehellip
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 45
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
Lorman Live Webinars wwwlormancom You can find many more seminars listed at httpwwwlormancomlive-webinar
ON DEMAND WEBINARS
There are many OnDemand Webinars to choose from also
httpwwwlormancomondemand
8317 Electronic Record Retention Mistakes HR
Professionals Can Avoid
8317 HUD Section 3 Compliance Tips for Governments
8417 Paralegals Guide to Unauthorized Practice of Law
8817 Protecting High-Risk Clientsrsquo Assets Against lawsuits
8817 Tips and Tricks to Improve Your Telephone Attitude
8917 Rules and Guidelines When Dealing With Statute of
Limitations
8917 Utilizing Formulas in Microsoft Excel
81017 Early Retirement Incentives Navigating the Legal
Issues
And many more
Maricopa County Bar Association CLE CALENDAR
httpmcbasite-ymcomeventsevent_listasp
LEXIS NEXIS Paralegal Community
has some good information as well
Check it out at httplawlexisnexiscomcommunityportalarticlesdefaultaspxg=QfsTyLJ1USs=ampc=EZggD7hDKLw=
Arizona Bar Association wwwazbarorgCLE
OnDemand CLE
httpsazbarinreachcecomSearchmediaType=494a95bb-1e05-4c5b-a25f-36ad84bd4c39
82217 State Bar of Arizona Course on Professionalism
82317 Steering Clear of Malpractice Road Bumps
82417 Traffic Offenses
82517 Probate Rule 10(E)(2) Subsequent Training for Court-
Appointed Counsel
83017 A Survey of Family Law
And many more
ALA-ABI wwwali-abaorg
The ALI-ABA site has excellent online CLE courses forms printed books MP3 CDROMs CLE DVDs CLE MP3 Downloads CLE Court Materials and Course Papers
81017 Powers of Attorney Latest Legal Developments
81717 Creating and Maintaining a Paperless Practice
Improve Workflow Increase Efficiency
82317 Hot Topics in Legal Ethics
And many more
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 46
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
Organization for Legal Professionals wwwtheolporgeducation
Online Courses
Litigation Support Project Management
Paralegal Management Certificate Program
Project Management in Electronic Discovery
Computer Technology Skills for Paralegals
Legal amp EDiscovery Project Management Course
Institute of Paralegal Education httpipenbi-semscomContentaspxNavigationDataSource1=N63943 Webcasts amp Webinars httpipenbi-semscomContentaspxNavigationDataSource1=Rpp20NspEventDateSort7c1017c17cN63944-4294952056
Webcasts amp Webinars
8217 Medical records Made Easy for Paralegals
8817 Case Management for Paralegals Managing
Documents Files Calendars and Tasks
81717 A Paralegalrsquos Guide to Divorce Cases
82217 The Paralegalrsquos Guide to Probate
82317 Construction Law 101 for Paralegals
82417 Corporate Minute Books A How-To Guide for
Paralegals
82917 Smartphone Apps and Tricks for Paralegals
83017 Managing the Discovery Process A Paralegalrsquos Guide
91217 Paralegalrsquos Guide to Legal Research and Citation
Management
National Constitution Center wwwconstitutionconferencescom
8817 Legal and binding E-Contracts What Works in a Digital World
82117 Retaliation Claims Protect Clients from EEOC Charges amp Private Suits
West Legal Education wwwwestlegaledcentercom
If you know of any other sources for CLE and would like listings to be placed in this
publication please email Newsletterazparalegalorg
- Front Cover
- Table of Contents
- Board of Directors
- APA Announcements
- APA Member News
- 10 Employer Considerations in Light of Arizonas New Paid Sick Time
- Paralegals strike out on firing claims
- Wearable technology Counting the steps to a defense verdict
- August Webinar
- To Lay or Lie
- Sticky Business Etiquette Questions amp Answers
- September Webinar
- Tucson Paralegal Associations 38th Annual Seminar
- The Verdict
- The Brief
- NewBytes
- APA Job Bank
- Got CLE
-
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 2
Upcoming Events
August Webinar Will That Products Liability Personal Injury Claim Prevail
Wednesday August 9 2017 1200 pm (page 16-17)
September Webinar Billing Blunders and Fee Agreement Essentials
Wednesday September 13 1200 pm (page 26)
Columns Special Sections
APA Board of Directors 3
APA Announcements 4
APA Member News 5
August Webinar Will That Product
Liability Personal Injury Claim Prevail 16-17
September Webinar Billing Blunders
and Fee Agreement Essentials 26
Tucson Paralegals Association 38th
Annual Seminar 29-30
APA Job Bank 38-43
Got CLE 44-46
10 Employer Considerations in Light of
Arizonas New Paid Sick Time 6-8
Paralegals strike out on firing claims 10
Wearable technology Counting the
steps to a defense verdict 12-14
To Lay or Lie 19
Sticky Business Etiquette Questions amp
Answers 23-24
The Verdict 32
THE Brief - June 33
NewsBytes 35
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 3
PO Box 26879
Phoenix AZ 85068
wwwazparalegalorg
THE EDIGEST
The Digest is the official publication of the Arizona Paralegal Association It is published monthly
on the first of each month and e-mailed to our members Articles columns and editorials appearing
in The Digest express the views of the authors and should not be construed as the opinions of the
Arizona Paralegal Association or its Board of Directors
GIVE US YOUR OPINION
The Digest welcomes letters to the editor or opinion pieces for publication Letters and opinion pieces should be typed and preferably submitted electronically Opinion pieces are limited to 1500
words and letters to 700 words Submissions are reviewed and printed at the discretion of the Editor
of The Digest and the APA Board of Directors Editors reserve the right to reject submissions or condense for clarity style and space considerations Letters must be signed to verify authorship but
names will be withheld upon request Authors of opinion pieces will have their names published
Letters and opinion pieces should be submitted to Tanya Massahos (480) 415-0541
TO ADVERTISE IN THE DIGEST
Advertising rates and information are available from Irene Winterburn CP (602) 798-5426
winterburniballardspahrcom
SERVING ON THE NEWSLETTER COMMITTEE
Please contact Tanya Massahos (480) 415-0541 Newsletterazparalegalorg
THE ARIZONA PARALEGAL ASSOCIATION
The Arizona Paralegal Association (APA) was formed in 1977 and is a nonprofit professional
corporation for paralegals The APA became an affiliate association of the National Association of Legal Assistants Inc in 1988 The members are paralegals employed by Arizona law firms
freelance paralegals paralegals employed in corporations or government agencies students enrolled
in paralegal training programs and other persons interested in supporting the APA and paralegal profession
The APA was organized to elevate and maintain high professional standards and ethics of the legal
profession provide and promote continuing legal education to paralegals maintain open
communications and working relationships between APA and its members and representatives of local and state bar associations and further the interests of paralegals by gathering receiving
studying and disseminating information concerning paralegals
ARIZONA PARALEGAL ASSOCIATION BOARD OF DIRECTORS
First Vice President Teresa Romero CP
JobBankazparalegalorg
602-650-2322
Membership Chair Karen Hall Flaaen
kflaaensjbrownlawcom 602-264-9224
Newsletter Chair Tanya Massahos
Newsletterazparalegalorg
480-415-0541
Recording Secretary
Laura H Sexton EA
Secretaryazparalegalorg 602-532-9199
President Irene Winterburn CP
Presidentazparalegalorg Boardazparalegalorg
602-321-9252
Second Vice President
Marci Seek
Infoazparalegalorg Educationazparalegalorg
602-263-4411
Public Relations Chair Gayle Hassman
PublicRelationsazparalegalorg
Treasurer
Lisa Peterson CP
Treasurerazparalegalorg 602-271-0183
NALA Liaison Holly McGee
NalaLiaisonazparalegalorg 602-263-4420
Northern Arizona Representative Mary Mayer
NorthernAZRepazparalegalcom 928-231-9460
Tucson Representative Briana D Oliver
TucsonRepazparalegalorg 520-745-7829
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 4
Upcoming APA Board Meetings
Monday August 28 530 pm
Ballard Spahr
1 E Washington St Suite 2300
Phoenix AZ 85004
Anyone is welcome to attend these meetings Wed love to have you
Upcoming CLErsquos and Events
Check out our online events calendar for
CLE Seminars and other events
httpwwwazparalegalorgevents
ARIZONA Paralegal Association Announcements
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 5
Susan Lichtenberger Marisa Kumler
From the Membership Chair
Congratulations to our student members who have graduated this year I will be following up with each of
you to find out where you landed and if the APA can be of assistance in the transition from student to
paralegal extraordinaire Remember we have paralegal mentors ready willing and able to assist you in your
career
First Vice President Teresa Romero and I just returned from the NALA convention in Orlando Florida
We made contact with many wonderful paralegals across the country and came back energized to be a part of
this great career field Associations such as the APA that attended the convention took part in the Affiliates
Showcase Some have been in existence as long as or longer than the APA and some were brand new We
met a small contingent of New York paralegals who were organizing the Greater New York Paralegal
Association It was great to see their dedication to our profession and the eagerness to bring together other
paralegals in their area Teresa and I came back with interesting ideas that the APA can put into action to
better serve our members
As always if you have any questions suggestions or concerns please feel free to contact me
Karen Hall Flaaen
membershipazparalegalorg
Pictured from left K Flaaen and T Romero at the Affiliates Showcase
ARIZONA Paralegal Association Member News
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 6
10 Employer Considerations in Light of
Arizonas New Paid Sick Time
By Steve Biddle and Sarah K Watt
On July 1 2017 all Arizona employees became
eligible to begin accruing ldquoPaid Sick Timerdquo benefits
under the Fair Wages and Healthy Families Act (ldquothe
Actrdquo) For several months following the lawrsquos
enactment on November 8 2016 the Industrial
Commission of Arizona (ldquoICArdquo) the agency charged
with enforcing the Act provided little guidance on
how employers must comply with the new paid sick
time (ldquoPSTrdquo) portions of the law
However over the past few months the ICA has
issued two sets of proposed regulations and created
and regularly updated ldquoFrequently Asked Questionsrdquo
on its website designed to help employers understand
their obligations under the new PST law The
proposed regulations will not be finalized until later
this summer and employers should continue to be
watchful for additional guidance from the ICA In the
meantime because the PST law and implementing
guidance have many nuances this article will
highlight the aspects we most commonly have been
addressing and what companies should consider
doing now
Paid Sick Time ndash General Overview
Beginning on their first day of work all employees
(full-time part-time temporary and on-call) are
entitled to accrue PST at a rate of one hour for every
30 hours actually worked up to an annual cap of 40
hours for ldquolarge employersrdquo (15 or more employees)
or 24 hours for ldquosmall employersrdquo (fewer than 15
employees) unless an employer sets a higher annual
limit
Employees are entitled to use PST in the following
general circumstances (Continued on page 7)
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 7
An employeersquos or family memberrsquos need for
medical care or mental or physical illness injury
or health condition
A public health emergency or
Absence due to domestic violence sexual assault
abuse or stalking
The Act broadly defines ldquofamily memberrdquo to include
the following relationships by blood adoption
marriage or otherwise child parent spouse domestic
partner grandparent grandchild sibling or any other
person whose close affinity is the equivalent of a
family relationship
1 Counting Employees to Determine Employer
Size As noted above the number of employees
determines which annual accrual and use cap applies
A ldquolarge employerrdquo has 15 or more employees
working in Arizona on payroll for some portion of a
day in each of 20 nonconsecutive weeks in the current
or preceding year and a ldquosmall employerrdquo has fewer
than 15 employees working in Arizona
Employers must count all full-time part-time on-call
and temporary workers performing work in Arizona It
should be noted that the ICA previously directed
employers to count all employees regardless of
location to determine employer size This drastic
change of course is a prime example of how fluid the
ICArsquos guidance has been and likely will continue to be
as the realities of implementing the PST law are
realized
2 Year One Prorating Accrual and Use For the
first year of PST the ICA will permit an employer
whose selected ldquoyearrdquo2 ends less than 365 days after
the effective date of July 1 2017 to prorate
employeesrsquo annual PST accrual and usage caps based
on the number of days remaining in the employerrsquos
selected year Prorated accrual and usage caps should
be rounded up to the nearest ldquouserdquo increment
(discussed further below) Thus for a large employer
that uses hourly increments and elects to use a
calendar year (January 1 ndash December 31) employees
need not be given more than 202 hours of PST for
2017
3 PST Use Increments Employers must allow
employees to use accrued PST in the smallest
increment in an employerrsquos payroll system up to one
hour The ICA recently proposed a regulation to
clarify that employers can apply the smallest
increment used to account for absences or other paid
time off and not to the increment used in the
timekeeping system generally
4 Designating Leave as PST Without Employeersquos
Request The ICA has indicated that it will not
pursue enforcement against an employer that
designates an employeersquos time off from work as PST
provided the employer has a good-faith belief the
absence fits within the parameters of PST use If an
employer that has designated leave as PST in good
faith later learns it did so in error the employer should
promptly correct the error
5 PST Use Cannot Count Towards Attendance
Policy Employers may not count an employeersquos use
of PST towards its attendance policy or otherwise as
grounds for taking an adverse employment action
against the employee However an employer may
require employees to comply with established call-in
procedures outlined in a written distributed policy to
provide notice of an unforeseeable need to use PST
provided the employee does not have a reasonable
justification for failing to follow the policy (eg an
emergency)
6 Reporting Requirements ndash Paychecks The law
states employers must include in employeesrsquo regular
paychecks (or in an attachment to the paycheck) (1)
the amount of earned PST available to the employee
(2) the amount of PST taken by the employee to date
in the year and (3) the amount of pay the employee
has received for PST use in the year Recently
however the ICA clarified that an employer that
makes the above information available online (ie via
(10 Employer Considerations hellip Continued from page 6)
(Continued on page 8)
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 8
an email to the employee or through the companyrsquos
intranet) is compliant with the law Further employers
utilizing a general PTO policy are not required to
carve out PST balances for reporting purposes but
rather may report the data from the general PTO
balances
7 Carryover Versus Payout at Year End
Employees must be allowed to carry over up to 40 (or
24 for ldquosmallrdquo employers) hours of accrued unused
PST to the following year However this carried-over
amount will not affect the annual accrual and use caps
as described above Thus a ldquolargerdquo employer need
only allow employees to accrue and use a maximum
of 40 hours of PST per year
However employers have two options to avoid this
carry-over requirement First employers may elect to
pay out accrued unused PST at yearrsquos end but must
make the following yearrsquos PST balance available for
immediate use Second according to a recently
proposed regulation employers that frontload the full
annual allotment of PST at the beginning of a new
year (rather than requiring employees to accrue it
throughout the year) are not required to carry forward
or pay out unused PST
8 Calculating Hourly Rate for PST Payout The
ICA has stated that shift differentials and premiums
such as hazard pay should be included when
determining an employeersquos rate of pay for PST but
overtime holiday pay bonuses incentive pay tips or
gifts do not need to be included The FAQs on the
ICA website also provide direction and examples for
determining the hourly rate for piece-work and
commissioned employees
9 Using a General PTO Policy to Comply with the
PST Law Employers with existing general paid
leave policies (ie PTO) that provide an amount of
paid leave that meets or exceeds the requirements
under the Act and can be used for the same purposes
as provided under the Act are not required to provide
additional PST However there are a number of
reporting and posting requirements specific to PST
As such the practical implication of the new law is
that most employers should update their policies to
account for these potential PST issues
10 Multistate Employers Many employers have
operations in multiple jurisdictions many with
different or conflicting PST laws Accordingly
multistate employers should consider creating a
standalone Arizona PST policy or an addendum for
Arizona employees that explains the parameters of the
Arizona PST law
Conclusion
This article attempts to address the most frequent
questions and concerns we are fielding from
employers large and small However there are many
other issues requirements options and possible
consequences that are best discussed on an
individualized basis As such companies are
encouraged to contact their employment counsel to
discuss their practices to ensure compliance with the
Arizona PST law
(10 Employer Considerations hellip Continued from page 7)
Reprinted with permission of the authors
Steve Biddle and Sarah K Watt of
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 9
1347 N Alma School Road Suite 150
Chandler AZ 85224
Office (602) 347-8503
wwwAZNHFcom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 10
Paralegals strike
out on firing
claims
Law firm employees who shared complaints with
co-workers didnt engage in concerted activity
and werent illegally fired National Labor
Relations Board (NLRB) administrative law
judges (ALJ) decided in two cases on June 30
In an Arizona case McCarthy Law PLC a
paralegal was fired after she commented on a
computer survey that senior officials werenrsquot
sufficiently engaged in law firm management The ALJ found the comment didnrsquot arise out of any
group discussion or employee activity and wasnrsquot protected by the NLRA
In the second case Trey Harlin PC an ALJ acknowledged that the NLRB has found that employee
discussions about sexual harassment can be concerted in nature but she found a Texas legal assistantrsquos
recounting allegedly inappropriate comments to her co-workers wasnrsquot concerted The employee never
asked for help or suggested any group protest action the ALJ found
The two cases illustrated that employees claiming protection under the National Labor Relations Act
show that their discussions about work-related matters were concerted in character and designed to
improve wages or working conditions not merely that they involved two or more employees
To read the complete article Paralegal Legal Assistant Strike Out on Firing Claims by Lawrence
E Dube Bloomberg Law published 732017 visit httpswwwbnacomparalegal-legal-assistant-
n73014461151
The decisions for both cases can be found here
McCarthy Law PLC 2017 BL 227283 NLRB ALJ Case 28-CA-175313 63017
httpwwwbloomberglawcompublicdocumentNLRB_ALJ_Decision_McCarthy_Law_PLC_No_C
A175313_2017_BL_227283doc_id=XJSTNHPC
Trey Harlin PC 2017 BL 327284 NLRB ALJ Case 16-CA-171972 63017)
httpwwwbloomberglawcompublicdocumentNLRB_ALJ_Decision_Trey_Harlin_PC_No_CA171
972_2017_BL_227284doc_id=XJSTNHHC
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 11
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 12
What do a rape claim in Pennsylvania a car accident
in Canada and an arson case in Ohio have in
common In each one ldquowearable technologyrdquo was
used as key evidence to prove or disprove the claim
Wearable technology encompasses devices people
wear which contain smart sensors and wirelessly
connect to smartphones through a web or Bluetooth
connection Certain types of wearable technology can
track a userrsquos activity and store the information for an
unlimited amount of time In civil and criminal
litigation fitness trackers and smart watches are
emerging as a potential source of information which
could provide valuable data for the prosecution or
defense of a lawsuit
Criminal case in Pennsylvania
For example when the police in Pennsylvania were
investigating a claim of rape they pulled the data
from the victimrsquos fitness tracker a Fitbit to
substantiate her story The victim claimed she was
sleeping in her home when an intruder entered her
bedroom and raped her However the Fitbit data
showed that the victim took approximately 1000 steps
after the time she claimed to have gone to bed and
prior to calling 911 The investigating officers
believed that the ldquovictimrdquo staged the crime scene
during those extra steps After completing their
investigation the police charged the supposed victim
with tampering with evidence and filing a false report
Personal injury in Canada
When a personal trainer suffered injuries in an
accident fitness trackers were not widespread Four
years after the accident the personal trainerrsquos lawyers
outfitted her with a Fitbit Force to show the plaintiffrsquos
current level of activity The lawyers gave the data to
Vivametric an analytics company and that data was
compared with the activity of the general population
as determined by ldquoindustry and public researchrdquo
Vivametric takes a single personrsquos data compares it to
Fitbitrsquos databank of collected and stored data from
other wearers and determines whether that person falls
above or below the average In this case the lawyers
are hoping the data will support their claim that the
trainerrsquos activity was below average
Property claim in Ohio
In the arson case the claimant told investigators that
when he saw the fire engulfing his home he packed
some belongings in a suitcase broke a window with (Continued on page 13)
Wearable technology
Counting the steps to a defense verdict By Nanci R Schanerman
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 13
his cane and threw items through the window before
carrying them to his car The claimant also told police
that he had a cardiac pacemaker The police were
suspicious of the firersquos origin They retrieved the
claimantrsquos pacemaker data through a search warrant
The data included the claimantrsquos heart rate pace
demand and cardiac rhythms before during and after
the fire A cardiologist determined that it was highly
improbable due to his medical conditions that the
claimant could do all the collecting packing and
removal of items from his house and then carry them
in the short period of time he indicated In addition
gasoline was found on the claimantrsquos clothing and the
fire started in multiple places The investigators stated
the medical data represented some of the ldquokey pieces
of evidencerdquo in the case
How can litigators use wearable technology in
their every day personal injury cases
The first step as with collecting any evidence in
litigation is to engage in discovery Under Florida
law and similarly in other jurisdictions the rules of
civil procedure state that a party can obtain discovery
regarding any matter ldquothat is relevant to the subject
matter of the pending actionrdquo If a party is claiming
they are injured and are no longer as active as they
used to be the data contained on any fitness or
activity tracking device is obviously relevant The
challenge in discovery will be to limit the scope of the
request to avoid the dreaded ldquofishing expeditionrdquo The
typical objections that could arise when requesting
fitness data are that it is burdensome to produce the
data is protected by a right to privacy and the request
is not limited in time or scope
Overcoming objections
It is easy to overcome these objections for the most
part To overcome a burdensome objection the
requestor can provide a protocol for easy download of
the information For example I created a protocol to
download Applersquos fitness data collected by any
iPhone (Yes iPhones are included as wearable
technology and automatically track a userrsquos activity)
or Apple Watch The protocol outlines step by step
how to extract the raw data and takes less than five
minutes
Until there is well established law regarding the
discovery of fitness tracking data the biggest
roadblock to discovery will most likely be objections
based on a userrsquos right to privacy One way to
potentially overcome this objection is to determine
whether the user shares the information with third
parties Most wearable technology contains a social
aspect where a user shares their data with friends or a
team much like social media Therefore law on
discovery of social media information will be
analogous to the collection of fitness tracking data In
Florida the Fourth District Court of Appeal in the
landmark case of Nucci v Target held that
ldquophotographs posted on a social networking site are
neither privileged nor protected by any right of
privacy regardless of any privacy settings that the
user may have establishedBy creating a Facebook
account a user acknowledges that her personal
information would be shared with othersrdquo Similarly
by opting to share fitness data with friends a user
acknowledges that his or her personal information
will be shared with others A second way to
potentially overcome a privacy objection is by
analogizing the fitness data with medical data
contained in medical records A plaintiffrsquos medical
records have long been considered discoverable to
prove a plaintiffrsquos injuries
Admissibility
After discovery of the data the next step is to lay the
foundation for admissibility at trial The foreseeable
challenges to admissibility are most likely going to be
the authentication of the data and the accuracy of the
data There are several ways to authenticate the data
such as questioning the user identifying data unique
to the use of the device like references to a particular
fitness goal or hiring a computer forensic expert
Proving the accuracy of the data will be a bigger
problem For example Apple admits that its heart rate
data is flawed If anything is blocking the LED lights
on the back of the watch which measure the heart rate
such as tattoos or irregular skin perfusion the heart
rate reading will not be accurate Similarly Apple
states on its website that water immersion while
swimming could interfere with accurate heart rate
data Furthermore irregular movements can confuse
(Wearable Technology hellip Continued from page 12)
(Continued on page 14)
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 14
any device Fitbit has also had the accuracy of its heart
rate data questioned in a class action filed in 2016
currently pending in Northern District of California In
the suit consumers from California Colorado and
Wisconsin allege that the heart rate tracking in the
Charge HR and the Surge two products that came to
market in 2015 is inaccurate by a significant
margin especially during periods of intense exercise
Overcoming challenges to accuracy of the data will
surely interfere with its admissibility but it would still
certainly be worth trying to admit overall trends in the
data instead of an exact number of steps walked in a
day or beats per minute of a personrsquos heart
With all of this in mind the challenge will be to find a
plaintiff pursuing a claim who utilizes a fitness
tracker This may become less of a challenge in the
next few years as experts predict fitness trackers and
smart watches will increase in the market by 195
million units by 2020 Furthermore employers and
insurance companies are outfitting people with
wearable technology to reduce risks and work place
injuries Several health insurance companies are
offering discounts to people who utilize this
technology and submit it to show a healthy and active
lifestyle
Wearable technology is constantly evolving and
getting better with each generation It will be
interesting to see what happens when the law catches
up and whether this data will become a regular part of
personal injury litigation much like social media
discovery
Reprinted with permission of the author
Nanci R Schanerman of
(Wearable Technology hellip Continued from page 13)
Mike McCrary Discovery Consultant
mmccraryfronteocom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 15
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 16
Join us on WEDNESDAY August 9 2017 at 1200 PM for this one-hour CLE webinar by Dr Arthur Eckstat ldquoWill That Product Liability Personal Injury Claim Prevailrdquo
What yoursquoll learn
Whether you are the team pursuing a product liability personal injury claim or defending against one the
criteria for prevailing is much the same Yoursquoll learn the criteria for a valid product liability claim and further
examine red flags that can affect your ability to prevail and suggestions on how to manage them
Criteria and Red Flags discussed include but not limited to
This webinar qualifies for 1 hour of CLE credit
Cost $25 for APA members $30 non-members
LAST DAY TO REGISTER FRIDAY AUGUST 4 500 PM
Identifying party(s) responsible Evidence collecting and protecting
How and why did the injury occur Expert witnesses ndash need types roles
What really happened despite story Interrogatories ndash Use and abuse
Likelihood of substantiating negligence Costs of pursuing or defending a claim
Strict Liability criteria for prevailing Contingency fee considerations
Identifying designmanufacturing defect
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 17
Our Speaker
Dr Arthur Eckstat
Engineering Consultant and Expert Witness
Dr Arthur Eckstat has served as an Engineering Consultant amp Expert Witness for over 15 years specializing
in Products Liability Personal Injury matters including wrongful death Art is often approached by plaintiff
attorneys to support what would be an unwinnable claim He created Lawsuit Consultant
(wwwlawsuitsconsultantcom) to help Products Liability Plaintiff Attorneys learn how to choose craft and
conduct winning cases while identifying and avoiding losing or under-performing cases That service
expanded to helping Defense Attorneys and insurance companies learn how to determine the validity of injury
claims Regardless of which side of an injury claim yoursquore representing two primary questions are ldquoHow was
the claimant injuredrdquo and ldquoWhy was the claimant injuredrdquo
Art possesses a Mechanical Engineering degree and an earned Doctorate He took early retirement from the
corporate worlds of Automotive and Aerospace engineering where he received international recognition and
accolades from both internal and external customers for his unique ability to see and explain what others have
missed He has successfully bridged the breach between Academic and Practitioner Art was honored as a
Contributor to Aviation History by Donald Engen Director of the Smithsonian National Air and Space
Museum in a ceremony held at the museum in Washington DC
DEADLINE TO REGISTER August 4 at 500 pm
Premier Designs Jewelry
Kathy Hanchette
Beyond Diva Jewelry
602-264-2230
wwwArizonaCourtReporterscom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 18
A degree above all others
12th Street and Missouri
Phoenix AZ 85014
(602) 212-1445
mbatranscriptazcoxnet
Serving local and national clientele with their
legal and general transcription needs
including civil criminal personal injury
family law as well as assisting in other areas
of law
INTEGRATED MEDICAL EVALUATIONS INC
401 W Baseline Rd Suite 206
Tempe AZ 85283
6023650132
wwwimewestcom
I avoid looking I avoid looking I avoid looking
forward or forward or forward or
backward and backward and backward and
try to keep try to keep try to keep
looking upward looking upward looking upward Charlotte BronteCharlotte BronteCharlotte Bronte
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 19
Many have a problem with lie or lay How do you know when to use which one
Lay (lay laid laying) means ldquoto putrdquo or ldquoto placerdquo Because itrsquos a verb (action word) it requires an object to
complete the meaning
Please lay the groceries on the counter
She laid her resignation letter on the bossrsquos desk
He is always laying his schoolbooks on the kitchen table
Lie (lie lay lain lying) means ldquoto recline rest or stayrdquo or ldquoto take a position of restrdquo Unlike lay which re-
quires it lie cannot take an object
She said she was going to lie on the bed to test the mattress
The pleading was lying on his desk for him to sign
A way to remember the difference is that if you can replace the questionable lie or lay with place (or the correct
version of it) then you need to use the correct version of lay If it doesnrsquot use the correct version of lie
She wanted to (lay or lie) down for a nap Would you say ldquoShe wanted to place down for a naprdquo No So
the proper word would be lie
He (laid or lay) the coffee on his secretaryrsquos desk Is it ldquoHe placed the coffee on his secretaryrsquos deskrdquo Yes
Then laid is correct
Another reminder hint might be if you are going to plAce something then you are going to lAy it but if you
are going to rEst you are going to liE
Thanks to Kathy Sieckman PP PLS-SC ACP of wwwProofthatblogcom for the above
To Lay
or Lie
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 20
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 21
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 22
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 23
Occasionally we all come across
situations in which we wonder
Would Miss Manners approve But
in the digital age of social
networking the etiquette lines can
become even blurrier Following are
some common sticky business
etiquette questions and tips to help
tackle them
Social Media
Should I personalize my LinkedIn requests to
connect with others
Its perfectly fine to use the form letter and in fact
most people do it for convenience even when
connecting with close contacts But if you wish to
connect to someone you havent seen in a while take
the time to personalize the message and explain how
youve met
How do I keep my manager from getting wind of
my job search using LinkedIn
If you consistently have a voice share opinions and
articles and tend to your audience and your network
as a daily routine mdash and not just when youre looking
for work mdash then when its time to find that next career
opportunity none of your activity will look out of the
ordinary But its not smart to immediately update your
LinkedIn profile by adding a large number of new
contacts fleshing out your profile and soliciting
recommendations Adjust your settings so you dont
broadcast activity youre not willing to share Pay
particular attention to the Opportunity Preferences
section under Contact Settings If you say you are
interested in career opportunities you could be
sending a red flag to your manager You can gain
exposure among your peers by joining groups related
to your professional field Many recruiters are
members and scan the roster for potential hires
Contribute to the discussion and establish yourself as a
subject matter expert to catch their interest
Should I friend my boss or coworkers
This is the $64000 question and the feelings of those
on the receiving end may provide the answer (See
Thinking About Friending Your Boss on
Facebook on Page 10 of Business Etiquette The
New Rules in a Digital Age) If you do connect utilize
privacy settings and different friend lists to control
how mdash and with whom mdash you share content Be
sensitive to your professional environment some
industries or companies are much more engaged in
digital networking than others If youre starting a new
job take your cue from others before sending out
friend requests to your new colleagues
Can Facebook postings hurt my job search
A good rule of thumb is to always post prudently If
you dont want your employer to see it get rid of it A
recent survey by our firm revealed that 44 percent of
executives review the Facebook presence of potential
hires Even if your account is just for fun keep it in
check To put your Facebook on a privacy lockdown
click on the drop-down Account menu in the top
right corner and select Privacy Settings Keep in
mind that Facebook may change its privacy features at
(Continued on page 24)
Sticky Business Etiquette Questions amp Answers
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 24
any time and you might not be aware of the changes
when they occur Always assume that anything you
post online may become public
Should I use Facebook at work
Maybe if its for work-related purposes and not just
keeping your friends updated on your weekend
activities Then again maybe not Thirty-eight percent
of chief information officers interviewed by Robert
Half have implemented stricter social networking
policies as these tools have become more prevalent in
the workplace If youre not sure what rules your firm
has in place check with your manager or human
resources representative Your best bet is your own
good judgment Just as you would expect to restrict
personal phone calls or conversation at work you
should limit personal use of social networking
platforms too
Whats the right way to decline a request to
connect with someone
While an automated No thank you could make our
lives easier no response at all might be your best bet
Dont feel pressured to connect with someone you
would rather not form a relationship with and dont
feel the need to explain your decision If you expect
you might run into the individual in person be
prepared in case you are confronted about it Simply
click Ignore especially if the person is a stranger
If someone follows me on Twitter should I
automatically follow him or her back
No because you may end up unfollowing the person
later Before following people check out their feed
bio and previous tweets to get a sense of them or their
organization and determine if youll be interested in
seeing the kind of content they share Although its
considered good etiquette to follow someone back
dont do it indiscriminately Its your feed and you
want to make it valuable to you
Emails and Conference Calls
Uh oh I sent a confidential email to the wrong
person What do I do now
Its not a lost cause and there are a few steps you can
take First try to use the recall function of your email
program But keep in mind that not all applications
offer this option and various factors can affect how
successful it is If this step doesnt solve the problem
you need to limit the impact of your mistake Contact
those who are affected the recipient and possibly the
person to whom you intended to send the message
Explain your error and if you need their help
correcting it You also may need to inform your
manager of the mistake
How responsive should I be to e-mail when Im on
vacation
It depends on whether you want to have a real
vacation If your Out of Office says youre not
checking e-mail on vacation dont check and respond
to messages Doing so changes expectations and
implies youre more accessible than you said youd be
Instead be considerate to others needs while you are
out and list a back-up contact in your Out of Office
auto response
I forgot to attach a file before sending an emailhellip
again How can I avoid this in the future
Slow down Everyone forgets to attach a file from
time to time because theyre in a rush But repeatedly
making this mistake can cause your colleagues to
question your attention to detail Going forward try
attaching your file before you compose your message
This way you can be sure it makes it to the recipient
Just make sure you attach the right file
How can I prevent my colleagues from scheduling
conference calls over lunch
Everyone should have a chance to eat lunch Often
people simply look for an open spot on others
calendars when scheduling a meeting So you might
consider blocking out your lunch hour to ensure you
have time to grab a bite to eat Although it may be
unavoidable to meet during this time on occasion you
might find that this simple step helps you out
Thanks to Robert Half for this information To learn more about
Robert Half visit wwwroberthalfcom
(Sticky Business hellip Continued from page 23)
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 25
3150 N 24th Street
Suite D-104
Phoenix AZ 85016
6022569700
The Nationwide Legal LLC team provides a
broad spectrum of comprehensive legal support
services at an unparalleled level of quality NWL
utilizes state-of-the-art technology to deliver
practical and cost-effective solutions for all of
your legal support service needs wwwNationwideASAPcom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 26
BILLING
BLUNDERS AND
FEE AGREEMENT
ESSENTIALS Speaker
Lynda C Shely
Esq
Ethics Lawyer
Speaker
Consultant
APA WEBINAR
Wednesday September 13 2017
1200-100 pm
COST APA Members $25 (or use your free 2017 webinar coupon) All others $30
This webinar qualifies for 1 hour Ethics CLE credit
Lynda C Shely of The Shely Firm PC Scottsdale Arizona provides ethics advice to over 1500 law firms in Arizona and the
District of Columbia on a variety of topics including conflicts of interest fees and billing trust account procedures lawyer
transitions multi-jurisdictional practice ancillary businesses and ethics requirements for law firm advertisingmarketing She also
assists lawyers in responding to initial Bar charges performs law office risk management reviews and trains law firm staff in
ethics requirements Lynda serves as an expert witness and frequently presents continuing legal education programs around the
country Prior to opening her own firm she was the Director of Lawyer Ethics for the State Bar of Arizona Prior to moving to
Arizona Prior to moving to Arizona Lynda was an intellectual propertyantitrust associate with Morgan Lewis amp Bockius in
Washington DC Lynda received her BA from Franklin amp Marshall College in Lancaster PA and her JD from Catholic
University in Washington DC
Lynda was the 2015-2016 President of the Association of Professional Responsibility Lawyers She serves on several State Bar of
Arizona Committees and as a liaison to the ABA Standing Committee on Ethics and Professional Responsibility She is an
Arizona Delegate in the ABA House of Delegates Lynda has received several awards for her contributions to the legal profession
including the 2007 State Bar of Arizona Member of the Year award the Scottsdale Bar Associationrsquos 2010 Award of Excellence
and the 2015 AWLA Maricopa Chapter Ruth V McGregor award She is a prior chair of the ABA Standing Committee on
Client Protection and a past member of the ABArsquos Professionalism Committee and Center for Professional Responsibility
Conference Planning Committee Lynda was the 2008-2009 President of the Scottsdale Bar Association She has been an adjunct
professor at all three Arizona law schools teaching professional responsibility
LAST DAY TO REGISTER FRIDAY September 8 2017 at 500 PM
Click Here to Register httpazparalegalorgevent-2588123
Ethical and practical considerations for all firms ndash even those that think they do not need to
track hourly time Lynda will review what clauses are mandatory for all fee agreements in Ar-
izona as well as clauses that will help with client communications and expectations Billing
tips will go over the five things to never do in a time entry why block billing is prohibited in
Arizona how to get paid faster and common mistakes made in client invoices
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 27
WOOLSTON amp TARTER PC AUDIT DEFENSE amp TAX LITIGATION
Congratulations to the Arizona
Paralegal Association on 40
successful years of promoting the
paralegal profession
In just about every area of society therersquos nothing more important than ethics
Henry Paulson
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 28
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 29
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 30
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 31
Jason Bagley
Senior Territory Manager
(602) 559-4587
jasonbagleylexisnexiscom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 32
GENDER EQUALITY
The process of voir dire sometimes includes
subtle and not-so-subtle attempts at gender
stacking of jurors to prevent or create bias
toward a plaintiff Other demographic factors
may be more influential but gender is still
important though not necessarily in the way
one would suspect
The accompanying chart based on California New York and Texas cases reported to VerdictSearch depicts
plaintiffsrsquo winning percentages according to the plaintiffrsquos gender and the juryrsquos composition Bias is evident
but it is not dependent on the plaintiffrsquos gender
Any plaintiffrsquos winning percentage is substantially greater when his or her case is heard by a female-
dominated jury rather than a male-dominated jury or a gender-neutral jury The takeaway All other factors
being equal plaintiffs are best served by female jurors The equation flips when it comes to awarding
damages but thatrsquos a topic for another study
Thank you to Verdict Search for this analysis To learn more about VerdictSearch visit
wwwVerdictSearchcom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 33
Vol 13 No 8 August 2017
Fees Increase in One Week
Most filing and service fees will increase on Wednesday August 9 2017 Documents submitted for filing that are received by the Clerks office (file counter by mail or through a filing depository box) on or before August 8 will be subject to the current fees Documents received for filing on and after August 9 will be subject to the new fees Fees are posted on the Clerkrsquos website at httpwwwclerkofcourtmaricopagovfeesasp
Appeal and Cost Bond Info Online
Court rules statutes court orders or other authorities may require posting appeal or cost bonds with the Clerks Office Depending on the type of issue the parties the complexity of the case and other factors years can pass between the bond posting date and resolution of related issues During that time parties attorneys and the courts may overlook issuing a court order releasing the money The Clerks Office holds the funds until a court order directs the Clerk specifically what to do with those funds The Clerkrsquos Office has now posted lists online of bonds posted with the Clerks Office where the need for the bond may have ended and no court order was filed allowing the Clerk to return the money If you or your clients posted an appeal or cost bond in any case it is worth checking if funds are still on hold
Customers can search the online lists by party name or case number A party or their attorney must file a petition with the court requesting an order be issued directing the Clerk to release these funds The Clerks Office will only release money by court order and only as specifically directed in the order For more information about the deposit or release of these funds including specific information the Clerkrsquos Office needs before releasing money see the Clerkrsquos website at httpwwwclerkofcourtmaricopagovrelease_bondsasp The Clerks Office will only assist parties to a case or their attorneys Third-party vendors personal representatives and other non-parties must be named in a court order to obtain detailed information or to receive a payment check
Law Library Resource Center Filings Grow by Leaps and Bounds
Last year the Superior Court in Maricopa County renamed relocated and expanded its self-service center into the Law Library Resource Center (LLRC) The Clerkrsquos Office staffs a filing counter within the downtown Phoenix LLRC to allow customers a one-stop-shop for research drafting and filing court documents Filings within the LLRC have gone up every month since its establishment In January 2017 the file counter handled 406 transactions and nearly doubled that volume by the end of March 2017 with 802 transactions In June the file counter processed more than 1000 transactions Clerk staff at this window can process fee deferral applications adding to customersrsquo onsite convenience For more information about the LLRCrsquos services locations and other details see the Superior Courtrsquos website at httpswwwsuperiorcourtmaricopagovSuperiorCourtLawLibraryResourceCenter
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 34
THANK YOU
Our Charity Raffle Prize Drawing for this beautiful quilt donated by the Emmanuel Lutheran Quilters of Prescott Valley Arizona raised $350
All proceeds have been provided to Feed Hungry Children Program in Prescott Valley Arizona
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 35
Paralegal robot reviews patent documents There is a new software RoboReview that helps patent
lawyers draft applications that are more likely to pass muster with the USPTO It automates paralegal
work bringing more rigor to the task of researching prior art and potentially saving thousands of dollars
on a filing Typically this review is done by humans doing multiple searches To read more visit the
ABA Journal httpwwwabajournalcomnewsarticlepatent_document_robot_legal_review
Paralegal cries after being charged with stealing $12 million from law firm The paralegal was an
office manager for a law firm in downtown Toledo where prosecutors allege she embezzles money from
the firm and from the trust account of a disabled client between 2008 and September 2015 The suit
claims that the paralegal forged signatures and falsified bookkeeping software and other records to steal
from the firm The paralegal cried throughout the bond hearing She has been fired To read more about
this case visit httpwwwtoledobladecomCourts20170712Bond-set-at-100K-for-office-manager-
charged-with-embezzling-1-2Mhtml
Paralegal re-appointed to Florida Bar Section Priscilla Horn Warren a nationally and Florida
certified paralegal will continue to serve on the States Solo and Small Firm Section as their paralegal
representative for 2017-2018 term Warren has continuously served as paralegal liaison with the section
since 1995
Law Firm not liable for paralegal mistake on $15 bn loan A New York Judge found that the firm did
not owe a duty of case to third parties The paralegal had accidentally cancelled the security interest of a
$15 billion loan to General Motors The firm did not represent the lenders and as such did not owe a duty
to third parties JP Morgan Chase acted as lenders and its lawyers also missed the mistake The mistake
was only noticed when GM filed for bankruptcy protection in 2009 To read more visit
httpwwwgloballegalpostcombig-storiesmayer-brown-not-liable-for-paralegal-mistake-on-$15-bn-
loan-73921531
Lawyer and paralegal arrested after being found with meth pipes and other drug paraphernalia
The attorney claimed that the equipment didnt belong to him (my paralegal did it defense) To read
more visit httpwwwarkansasmatterscomnewslocal-newsconway-lawyer-and-paralegal-arrested-on-
drug-possession769588833
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 36
DIAMOND SPONSORS
National Health Finance
ABI Document Support Services
RUBY SPONSORS
Nationwide Legal Inc
Vocational Diagnostics Inc
EMERALD SPONSORS
MBA Legal Transcription
First Legal Network
LexisNexis
Coash amp Coash
Robert E ldquoBobrdquo Underdown The Insurance Archaeologist
Jones Skelton amp Hochuli
THANK YOU TO OUR SPONSORS AT OUR ANNUAL LEGAL CONFERENCE AND 40TH ANNIVERSARY CELEBRATION
Thank you to the individuals and businesses that support the Arizona Paralegal
Association in our efforts to promote and educate the paralegal community by
becoming Legal Seminar Sponsors The assistance of our sponsors has been vital in
bringing educational programs to paralegals across Arizona This Legal Seminar would
not be possible without the help of the sponsors and we hope you will join us in
PEARL SPONSORS
Compex Legal Services Inc
Kathy Hanchette Premier Designs
Robson Forensic
Parasec
Iron Mountain
Litigation Services
Fronteo
The Morton Group
Integrated Medical Evaluations Inc
Elite Medical Experts
Lynn Tofaute Yanbal Jewelry
Griffin amp Associates
Discovia
Woolston amp Tarter PC
Ottmar amp Associates
Ballard Spahr LLP
DTI Global
Thank you to these Northern Arizona sponsors who have generously donated
prizes for the Arizona Paralegal Association drawing
Murphyrsquos Restaurant Prescott Arizona
Susanne Chacon Scentsy 9287108777
Yavapai Title 9284452528
Mangum Pearce Court Reporting 9284451909
Prescott Law group PLC 9284451909
Emmanuel Lutheran Quilters Prescott Valley
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 37
Congratulations to the Arizona Paralegal Association on 40 years
1 East Washington St Suite 2300
Phoenix AZ 85004
602798-5400
wwwballardspahrcom
6024851488
wwwOtmarAssoccom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 38
APA MEMBER JOB BANK
DONrsquoT FORGET TO CHECK OUR ONLINE
JOB BANK FOR UP-TO-DATE JOB LISTINGS
at httpwwwazparalegalorgjobbank
[In order to view the online Job Bank you must login
to our new website (using your email and password)
If you experience any difficulty logging in please
contact membershipazparalegalorg for assistance]
PARALEGAL - BANKRUPTCY LITIGATION
Position Overview
Under the supervision of one or more lawyer(s) the
Paralegal assists in the delivery of quality efficient
and accessible legal services in the bankruptcy real
estate corporate andor commercial litigation practice
groups
Responsibilities
Draft routine pleadings statements affidavits
andor other legal documentation as appropriate at
the specific direction of attorneys
Prepare initial drafts of legal documents for
bankruptcy proceedings including case captions
and simple pleadings such as claim forms requests
for notice or judicial notice etc
Arrange Court Call appearances communicates
and cooperates with Court clerks on filings and
appearance requirements and interacts with Court
personnel as necessary to serve client needs
Prepare initial drafts of fee applications when
representing estate professionals and oversecured
creditors in bankruptcy cases and in connection
with fee awards in other litigation contexts
including exhibits and declarations in support
Compile documents in connection with appeals
including designations and indexes of the record
district court elections and requests for transcripts
Draft notices of appearance substitutions of
counsel documents pro hac vice applications and
corporate ownership statements
Assist with discovery-related filings including
Bankruptcy Rule 2004 examination applications
notices and orders subpoenas and notice of
servicecompliance
Manage non-judicial trustees sale process
including security instrument review public
record filing review notice drafting service
completion bid compilation sale procedures
communications with interested parties deed upon
sale drafting and all necessary public recording
and filing
Perform ECF filings and review local rules for
pleading forms notice and service requirements
Fulfill duties to deliver court copies courtesy
copies lodged order uploads in pdf or Word and
complies with all local rule requirements
Organize index and track large numbers of
documents including development of information
(Continued on page 39)
DO YOU KNOW OF A PARALEGAL POSITION AT YOUR PLACE OF EMPLOYMENT
If so advise your employer that the APA offers ad space for paralegal jobs to employers free of charge To place a job bank ad or for information on a job send an e-mail to Betsy Wolf at jobbankazparalegalorg
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 39
APA MEMBER JOB BANK
retrieval systems performs all case management
functions
Perform calendaring or docketing of information
as needed
Research and obtain information from various
courts administrative bodies public information
sources etc
Performs electronic research using PACER court
websites Westlaw and Lexis in addition to
Shepardizing and Bluebooking citations
Coordinate efforts with trials and hearings such as
taking notes handling exhibits organizing and
gathering factual information etc
Attend trials or client meetings as needed inside
and outside the office that require face-to-face
contact
Coordinate vendors in conjunction with a project
such as court reporters process servers copy
vendors etc
Track time in DTE and assures that services
provided are properly charged to the client
Track expenses for travel client meetings and
court appearances
Essential Job SpecificationsQualifications
Familiarity with pleading notice and service rules
triggered in Chapter 7 and 11 Bankruptcy Courts
Familiarity with Uniform Commercial Code
enforcement process and procedures
Familiarity with basic corporate formation
practices and procedures
Ability to perform ECF filings
Excellent computer skills including Word Excel
PowerPoint and database applications
Ability to deal professionally with all levels of
clients both internally and externally
Proven ability to solve problems work
independently and tackle projects with minimal
supervision
Ability to be flexible meet deadlines handle
pressure and adapt to changing work priorities
work flow and work assignments
Ability to effectively and respectfully
communicate verbally and in writing with other
staff lawyers management and clients
Ability to organize a large amount of data and files
into an efficient system (both electronic and
hardcopy) for easy filing and retrieval
Ability to maintain confidences as well as build
confidences and trust
Ability to pay close attention to detail
Ability to work overtime up to 10 or more hours
per week
Ability to work off-site at client location(s) for
extended periods of time
Requires the ability to regularly report to work on
the days and times scheduled or alternatively to
work flex hours depending on lawyer and client
needs
Physical Demands
Ability to work in a typical office environment and
lift up to 25 lbs NOTE Reasonable
accommodations may be made to enable
individuals with disabilities to perform the
essential functions
Travel
Ability to travel locally
EducationExperienceCertifications
Bachelors Degree andor Paralegal Certificate
Minimum of two years experience with
bankruptcy and litigation practice(s) at a law firm
Disclaimer
The above statements are intended to describe the
general nature and level of work being performed by
the incumbent in the position They are not intended
to be an exhaustive list of all responsibilities duties
and skills of the employee Duties and responsibilities
may change at any time with or without notice
(Job Bank hellip Continued from page 38)
(Continued on page 40)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 40
How to Apply Please send resume to
lisaspannbryancavecom
Equal Opportunity Employer
LITIGATION PARALEGAL - INSURANCE
DEFENSE
Jones Skelton amp Hochuli is seeking an ambitious
paralegal with 5+ years of experience in general civil
litigation and experience in State and Federal courts
The ideal candidate will have a stable work history
and exceptional communication and organizational
skills We offer a competitive salary and benefits
package and a team-oriented working environment
Please email your resume to Recruitingjshfirmcom
AAEOE
EXPERIENCED LITIGATION PARALEGAL
Dickinson Wright PLLC (Phoenix office) is in need of
a litigation paralegal
Requires a minimum of three yearsrsquo recent experience
in Arizona law
Job Description
Organize and synthesize information through the
preparation of summaries chronologies reports
spreadsheets
Draft and review routine legal documents (eg
privilege logs exhibit lists discovery disclosures
etc)
Assist attorneys on cases by providing
computerized support to help them plan organize
research analyze argue and present their cases in
a more cost and time efficient manner
Provide the day-to-day support of data
management
Assist attorney in trial preparation and set-up of
electronic equipment in the courtroom provides
court assistance as required
Assist with managing cases projects on various
levels and at various stages of the litigation
process
Candidates must have excellent communication skills
for contacting clients experts and other outside
parties have knowledge of state and federal court
rules procedures and e-filing requirements drafting
be self-motivated a team player proficient in MW
Word Outlook 2010 and a working knowledge of
document management systems Relativity and Trial
Director experience is a must
EducationalExperience requirements
Paralegal certificate from ABA school or
certification
We offer a competitive salary and benefits package
and an outstanding work environment All candidates
must submit a cover letter resume and salary history
Please email resumes to
LMandellDickinsonwrightcom
EXPERIENCED FAMILY LAW PARALEGAL
Cantor Law Group an AV-rated six-attorney family
law firm located in downtown Phoenix seeks a sharp
paralegal with at least two years of recent Arizona
family law experience In this position you will work
closely with an associate attorney to manage a case
load of 40+ cases covering a wide range of domestic
relations issues Experience with high-asset andor
DCS cases is a plus Must be a strong writer able to
draft pleadings and correspondence Exceptional
people skills are needed as there is a great deal of
client contact
An attractive compensation and benefits package is
available for the right candidate In addition to a
competitive salary and bonus opportunities we offer
an outstanding benefits package including ten paid
(Job Bank hellip Continued from page 39)
(Continued on page 41)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 41
holidays per year ten days paid vacation days yearly
five days personal paid time off yearly as well as the
availability of medical dental vision and life
insurance A 401K with a very generous employer
match is offered after one year
Requirements
2 years recent Arizona family law experience
Proactive able to handle and direct caseload with
minimal supervision
Attention to detail and excellent follow-up
Excellent analytical capabilities amp writing skills
able to draft substantive motions for attorney
review
Work well as a member of a fast-paced team
Professional appearance demeanor and attitude
Great client relations skills
Excellent computer skills including proficiency in
MS Word and other MS Office applications
Paralegal certification preferred (not required)
Knowledge of Time Matters or other case
management software a plus
Please send resumes to hrdmcantorcom
EXPERIENCED CRIMINAL DEFENSE
PARALEGAL
The Law Offices of David Michael Cantor an AV
rated criminal defense firm in Downtown Phoenix is
seeking an experienced paralegal with felony amp
misdemeanor experience to work closely with our
attorneys Our practice includes the full spectrum of
criminal charges and you will have the opportunity to
work on cases involving drug charges violent crime
sex offenses white collar crime property crime and
DUIs
The job
Proactively manage a substantial caseload without
direct supervision
Prepare and file pleadings according to attorney
instructions
Prepare trial notebooks and handle all trial prep
work
Create high quality correspondence and other
documents with little to no supervision
Maintain professional relationships with law
enforcement and prosecutors
Provide excellent customer service for our clients
Support 1-2 attorneys
We offer
Competitive compensation
Outstanding benefits including medical dental
vision lifeADampD coverage
401K with generous employer match
Paid vacation and sick time
Ten paid holidays per year
You
2+ years of private Arizona defense experience
handling both misdemeanor and felony charges
Familiar with Arizona courts and MVD
Proactive ndash needs little supervision
Great follow-up skills and attention to detail
Excellent writing skills
Professional appearance and behavior
MS Word and other MS Office applications
Keyboard speed 50+ wpm
Reliable
Enjoy being a member of a friendly team of
professionals
Experience with Abacus or other case
management software desirable
Please send resumes to hrdmcantorcom
PARALEGAL
Sentry Insurance is looking for a Paralegal to provide
litigation and administrative support to our Staff
(Job Bank hellip Continued from page 40)
(Continued on page 42)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 42
Counsel operation If you are looking for a career
with great potential choose the company with the
strength and stability to offer it all
What Yoursquoll Do
As the Paralegal yoursquoll assist the attorney staff by
performing legal activities which do not require
attorney signature client advise or appearances in
court In addition yoursquoll
Assist in the preparation of responses to discovery
under direct supervision of an attorney
Perform factual investigations and document
searches
Obtain investigative materials and policy
information
Contact insureds and other witnesses to obtain
factual statements
Coordinate scheduling of litigation activities and
witness appearances
What it Takes
Associate Degree or equivalent work experience
2-5 years of related work experience at least one
year in litigation practice
American Bar Association-Certified Paralegal
Training
Advanced knowledge of case management and
knowledge of and ability to perform legal
research
Experience with resources such as Westlaw and
Lexis
Strong analytical ability and knowledge of
litigation processes
Strong organizational and communication skills
Ability to maintain confidentiality
Strong working knowledge of the Internet
PowerPoint Excel and Word and familiarity with
legal case management software (ProLaw Clio
etc)
Ability to work independently and in multi-
jurisdictional venues
Must be able to meet travel requirements of the
job
What Yoursquoll Receive
We offer an outstanding array of benefits for our
associates including
Competitive Compensation
Group Medical Dental Vision and Life benefits
Generous Paid-Time Off - including Company
Holidays
401k plan with a dollar-for-dollar match on your
first six percent ndash immediate vesting
Access to more than 100 certification designation
and licensing courses
Career advancement opportunities
Why Sentry Insurance
Sentry employees have been helping individuals and
businesses build and protect their futures since 1904
Because of the trust placed in us Sentry is one of the
largest and strongest mutual insurance companies in
the United States and is rated A+ by AM Best the
industrys leading rating authority Sentry offers a full
line of property casualty and life insurance products
to protect businesses cars homes lives and retirement
incomes
So make the right choice - with great potential for
growth an outstanding 401(k) program and a schedule
that offers you a balance between your work and life
choose the company with the strength and stability to
offer it all Choose Sentry Insurance Sentry
Insurance is an Equal Opportunity Employer Apply
online at httpsjobssentrycomsearch119871
FULL-TIME LEGAL SECRETARY ASSISTANT
Mid-sized law office is seeking a self-motivated and
highly organized legal secretary with a minimum of 5
years of experience supporting 2 or more attorneys
Position will support multiple attorneys with case
management assistance calendaring state and federal
court filings formatting correspondence and
(Job Bank hellip Continued from page 41)
(Continued on page 43)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 43
pleadings copying mailing and other clerical duties
Optimal candidate will be able to accept and
implement directives maintain focus in hectic
environment keep attorneys informed of progress at
regular intervals and prioritize multiple projects
Working knowledge of MS Word amp Excel required
Associatersquos degree and background in litigation andor
insurance preferred EEOC Please email reacutesumeacute and
cover letter with salary requirements to
admincdslawfirmcom
EXPERIENCED PLAINTIFFS PERSONAL
INJURY LEGAL ASSISTANT
Small growing fast-paced Central Phoenix Personal
Injury Law Firm seeking full-time Legal Assistant to
join our team
Candidate must have excellent skills and 5 years
experience in a Plaintiffs Personal Injury Law Firm
with an ability to perform in a fast paced environment
Bi-lingual (SpanishEnglish) preferred but not
required Position involves significant interaction with
clients and requires attention to detail Good
organizational skills with a strong work ethic are
essential as is the ability to multi-task
Responsibilities include handling a large pre-litigation
caseload interfacing with attorneys and legal
assistants Must be proficient with MS Word Outlook
and Needles Case Management (preferred but not
necessary) Salary is competitive and DOE
Qualified candidates should e-mail resume with a
cover letter detailing their skills employment history
and salary requirements to
acoronadoblakefirmcom
(Job Bank hellip Continued from page 42)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 44
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
NALA Campus LIVE - Live web seminars are offered in two sessions each year FebruarymdashMay and AugustmdashNovember Each ses-sion features about 30 on-line seminars The audio files and handout material are copyrighted by NALA and the authors They are for personal use only Duplication of any of the material or any commercial use is strictly prohibited
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics httpswwwnalaorgcontinuing-educationwebinars NALA Campus LIVE - Live web semi-nars are offered in two sessions each year FebruarymdashMay and AugustmdashNovember Each session features about 30 on-line seminars The audio files and handout material are copy-righted by NALA and the authors They are for personal use only Dupli-cation of any of the material or any commercial use is strictly prohibited
82217 Music Law and Intellectual Property Rights
82417 So the Plaintiffrsquos on Medicare
82017 The ABCrsquos of Special Education
In addition to the Live Webinars NALA has On-Demand Webinar Courses available httpswwwnalaorgcontinuing-educationon-demand-webinar NALA also has a wide variety of available Self-Study courses as well as the Live Webinars You can access the Self-Study courses here httpswwwnalaorgcontinuing-educationself-study Many of these courses are recommended for preparing for the CP exam
NATIONAL BUSINESS INSTITUTE
wwwnbi-semscom
Live Video Webcasts
httpwwwnbi-semscomDefaultaspxVideo-WebcastsNavigationDataSource1=N63782
OnDemand amp Downloads
httpwwwnbi-semscomContentaspxst=ArizonaampNavigationDataSource1=N63932-63947
8817 Probate Boot Camp
8917 Real Estate Title and Conveyance Handling the Top
Issues
8917 Marijuana Business Legal Considerations
81417 Legal Descriptions Title Insurance and Surveys in Real
Estate Transactions
81517 Advanced Custody and Support Issues
81617 Personal Injury Trials 101
82117 Trusts from Start to Finish
82217 How to Get Your Clients Paid Debt Collection 101
82317 Bankruptcy The Ultimate Guide to Chapter 7 and 13
82817 Conflicts of Interest A Practical Legal Ethics Guide
82917 Using LLCs to Protect Assets
83017 Complex Social Security Law Issues
83017 Dealing With Problem Employees A Legal Response
Guide
And many morehellip
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 45
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
Lorman Live Webinars wwwlormancom You can find many more seminars listed at httpwwwlormancomlive-webinar
ON DEMAND WEBINARS
There are many OnDemand Webinars to choose from also
httpwwwlormancomondemand
8317 Electronic Record Retention Mistakes HR
Professionals Can Avoid
8317 HUD Section 3 Compliance Tips for Governments
8417 Paralegals Guide to Unauthorized Practice of Law
8817 Protecting High-Risk Clientsrsquo Assets Against lawsuits
8817 Tips and Tricks to Improve Your Telephone Attitude
8917 Rules and Guidelines When Dealing With Statute of
Limitations
8917 Utilizing Formulas in Microsoft Excel
81017 Early Retirement Incentives Navigating the Legal
Issues
And many more
Maricopa County Bar Association CLE CALENDAR
httpmcbasite-ymcomeventsevent_listasp
LEXIS NEXIS Paralegal Community
has some good information as well
Check it out at httplawlexisnexiscomcommunityportalarticlesdefaultaspxg=QfsTyLJ1USs=ampc=EZggD7hDKLw=
Arizona Bar Association wwwazbarorgCLE
OnDemand CLE
httpsazbarinreachcecomSearchmediaType=494a95bb-1e05-4c5b-a25f-36ad84bd4c39
82217 State Bar of Arizona Course on Professionalism
82317 Steering Clear of Malpractice Road Bumps
82417 Traffic Offenses
82517 Probate Rule 10(E)(2) Subsequent Training for Court-
Appointed Counsel
83017 A Survey of Family Law
And many more
ALA-ABI wwwali-abaorg
The ALI-ABA site has excellent online CLE courses forms printed books MP3 CDROMs CLE DVDs CLE MP3 Downloads CLE Court Materials and Course Papers
81017 Powers of Attorney Latest Legal Developments
81717 Creating and Maintaining a Paperless Practice
Improve Workflow Increase Efficiency
82317 Hot Topics in Legal Ethics
And many more
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 46
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
Organization for Legal Professionals wwwtheolporgeducation
Online Courses
Litigation Support Project Management
Paralegal Management Certificate Program
Project Management in Electronic Discovery
Computer Technology Skills for Paralegals
Legal amp EDiscovery Project Management Course
Institute of Paralegal Education httpipenbi-semscomContentaspxNavigationDataSource1=N63943 Webcasts amp Webinars httpipenbi-semscomContentaspxNavigationDataSource1=Rpp20NspEventDateSort7c1017c17cN63944-4294952056
Webcasts amp Webinars
8217 Medical records Made Easy for Paralegals
8817 Case Management for Paralegals Managing
Documents Files Calendars and Tasks
81717 A Paralegalrsquos Guide to Divorce Cases
82217 The Paralegalrsquos Guide to Probate
82317 Construction Law 101 for Paralegals
82417 Corporate Minute Books A How-To Guide for
Paralegals
82917 Smartphone Apps and Tricks for Paralegals
83017 Managing the Discovery Process A Paralegalrsquos Guide
91217 Paralegalrsquos Guide to Legal Research and Citation
Management
National Constitution Center wwwconstitutionconferencescom
8817 Legal and binding E-Contracts What Works in a Digital World
82117 Retaliation Claims Protect Clients from EEOC Charges amp Private Suits
West Legal Education wwwwestlegaledcentercom
If you know of any other sources for CLE and would like listings to be placed in this
publication please email Newsletterazparalegalorg
- Front Cover
- Table of Contents
- Board of Directors
- APA Announcements
- APA Member News
- 10 Employer Considerations in Light of Arizonas New Paid Sick Time
- Paralegals strike out on firing claims
- Wearable technology Counting the steps to a defense verdict
- August Webinar
- To Lay or Lie
- Sticky Business Etiquette Questions amp Answers
- September Webinar
- Tucson Paralegal Associations 38th Annual Seminar
- The Verdict
- The Brief
- NewBytes
- APA Job Bank
- Got CLE
-
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 3
PO Box 26879
Phoenix AZ 85068
wwwazparalegalorg
THE EDIGEST
The Digest is the official publication of the Arizona Paralegal Association It is published monthly
on the first of each month and e-mailed to our members Articles columns and editorials appearing
in The Digest express the views of the authors and should not be construed as the opinions of the
Arizona Paralegal Association or its Board of Directors
GIVE US YOUR OPINION
The Digest welcomes letters to the editor or opinion pieces for publication Letters and opinion pieces should be typed and preferably submitted electronically Opinion pieces are limited to 1500
words and letters to 700 words Submissions are reviewed and printed at the discretion of the Editor
of The Digest and the APA Board of Directors Editors reserve the right to reject submissions or condense for clarity style and space considerations Letters must be signed to verify authorship but
names will be withheld upon request Authors of opinion pieces will have their names published
Letters and opinion pieces should be submitted to Tanya Massahos (480) 415-0541
TO ADVERTISE IN THE DIGEST
Advertising rates and information are available from Irene Winterburn CP (602) 798-5426
winterburniballardspahrcom
SERVING ON THE NEWSLETTER COMMITTEE
Please contact Tanya Massahos (480) 415-0541 Newsletterazparalegalorg
THE ARIZONA PARALEGAL ASSOCIATION
The Arizona Paralegal Association (APA) was formed in 1977 and is a nonprofit professional
corporation for paralegals The APA became an affiliate association of the National Association of Legal Assistants Inc in 1988 The members are paralegals employed by Arizona law firms
freelance paralegals paralegals employed in corporations or government agencies students enrolled
in paralegal training programs and other persons interested in supporting the APA and paralegal profession
The APA was organized to elevate and maintain high professional standards and ethics of the legal
profession provide and promote continuing legal education to paralegals maintain open
communications and working relationships between APA and its members and representatives of local and state bar associations and further the interests of paralegals by gathering receiving
studying and disseminating information concerning paralegals
ARIZONA PARALEGAL ASSOCIATION BOARD OF DIRECTORS
First Vice President Teresa Romero CP
JobBankazparalegalorg
602-650-2322
Membership Chair Karen Hall Flaaen
kflaaensjbrownlawcom 602-264-9224
Newsletter Chair Tanya Massahos
Newsletterazparalegalorg
480-415-0541
Recording Secretary
Laura H Sexton EA
Secretaryazparalegalorg 602-532-9199
President Irene Winterburn CP
Presidentazparalegalorg Boardazparalegalorg
602-321-9252
Second Vice President
Marci Seek
Infoazparalegalorg Educationazparalegalorg
602-263-4411
Public Relations Chair Gayle Hassman
PublicRelationsazparalegalorg
Treasurer
Lisa Peterson CP
Treasurerazparalegalorg 602-271-0183
NALA Liaison Holly McGee
NalaLiaisonazparalegalorg 602-263-4420
Northern Arizona Representative Mary Mayer
NorthernAZRepazparalegalcom 928-231-9460
Tucson Representative Briana D Oliver
TucsonRepazparalegalorg 520-745-7829
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 4
Upcoming APA Board Meetings
Monday August 28 530 pm
Ballard Spahr
1 E Washington St Suite 2300
Phoenix AZ 85004
Anyone is welcome to attend these meetings Wed love to have you
Upcoming CLErsquos and Events
Check out our online events calendar for
CLE Seminars and other events
httpwwwazparalegalorgevents
ARIZONA Paralegal Association Announcements
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 5
Susan Lichtenberger Marisa Kumler
From the Membership Chair
Congratulations to our student members who have graduated this year I will be following up with each of
you to find out where you landed and if the APA can be of assistance in the transition from student to
paralegal extraordinaire Remember we have paralegal mentors ready willing and able to assist you in your
career
First Vice President Teresa Romero and I just returned from the NALA convention in Orlando Florida
We made contact with many wonderful paralegals across the country and came back energized to be a part of
this great career field Associations such as the APA that attended the convention took part in the Affiliates
Showcase Some have been in existence as long as or longer than the APA and some were brand new We
met a small contingent of New York paralegals who were organizing the Greater New York Paralegal
Association It was great to see their dedication to our profession and the eagerness to bring together other
paralegals in their area Teresa and I came back with interesting ideas that the APA can put into action to
better serve our members
As always if you have any questions suggestions or concerns please feel free to contact me
Karen Hall Flaaen
membershipazparalegalorg
Pictured from left K Flaaen and T Romero at the Affiliates Showcase
ARIZONA Paralegal Association Member News
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 6
10 Employer Considerations in Light of
Arizonas New Paid Sick Time
By Steve Biddle and Sarah K Watt
On July 1 2017 all Arizona employees became
eligible to begin accruing ldquoPaid Sick Timerdquo benefits
under the Fair Wages and Healthy Families Act (ldquothe
Actrdquo) For several months following the lawrsquos
enactment on November 8 2016 the Industrial
Commission of Arizona (ldquoICArdquo) the agency charged
with enforcing the Act provided little guidance on
how employers must comply with the new paid sick
time (ldquoPSTrdquo) portions of the law
However over the past few months the ICA has
issued two sets of proposed regulations and created
and regularly updated ldquoFrequently Asked Questionsrdquo
on its website designed to help employers understand
their obligations under the new PST law The
proposed regulations will not be finalized until later
this summer and employers should continue to be
watchful for additional guidance from the ICA In the
meantime because the PST law and implementing
guidance have many nuances this article will
highlight the aspects we most commonly have been
addressing and what companies should consider
doing now
Paid Sick Time ndash General Overview
Beginning on their first day of work all employees
(full-time part-time temporary and on-call) are
entitled to accrue PST at a rate of one hour for every
30 hours actually worked up to an annual cap of 40
hours for ldquolarge employersrdquo (15 or more employees)
or 24 hours for ldquosmall employersrdquo (fewer than 15
employees) unless an employer sets a higher annual
limit
Employees are entitled to use PST in the following
general circumstances (Continued on page 7)
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 7
An employeersquos or family memberrsquos need for
medical care or mental or physical illness injury
or health condition
A public health emergency or
Absence due to domestic violence sexual assault
abuse or stalking
The Act broadly defines ldquofamily memberrdquo to include
the following relationships by blood adoption
marriage or otherwise child parent spouse domestic
partner grandparent grandchild sibling or any other
person whose close affinity is the equivalent of a
family relationship
1 Counting Employees to Determine Employer
Size As noted above the number of employees
determines which annual accrual and use cap applies
A ldquolarge employerrdquo has 15 or more employees
working in Arizona on payroll for some portion of a
day in each of 20 nonconsecutive weeks in the current
or preceding year and a ldquosmall employerrdquo has fewer
than 15 employees working in Arizona
Employers must count all full-time part-time on-call
and temporary workers performing work in Arizona It
should be noted that the ICA previously directed
employers to count all employees regardless of
location to determine employer size This drastic
change of course is a prime example of how fluid the
ICArsquos guidance has been and likely will continue to be
as the realities of implementing the PST law are
realized
2 Year One Prorating Accrual and Use For the
first year of PST the ICA will permit an employer
whose selected ldquoyearrdquo2 ends less than 365 days after
the effective date of July 1 2017 to prorate
employeesrsquo annual PST accrual and usage caps based
on the number of days remaining in the employerrsquos
selected year Prorated accrual and usage caps should
be rounded up to the nearest ldquouserdquo increment
(discussed further below) Thus for a large employer
that uses hourly increments and elects to use a
calendar year (January 1 ndash December 31) employees
need not be given more than 202 hours of PST for
2017
3 PST Use Increments Employers must allow
employees to use accrued PST in the smallest
increment in an employerrsquos payroll system up to one
hour The ICA recently proposed a regulation to
clarify that employers can apply the smallest
increment used to account for absences or other paid
time off and not to the increment used in the
timekeeping system generally
4 Designating Leave as PST Without Employeersquos
Request The ICA has indicated that it will not
pursue enforcement against an employer that
designates an employeersquos time off from work as PST
provided the employer has a good-faith belief the
absence fits within the parameters of PST use If an
employer that has designated leave as PST in good
faith later learns it did so in error the employer should
promptly correct the error
5 PST Use Cannot Count Towards Attendance
Policy Employers may not count an employeersquos use
of PST towards its attendance policy or otherwise as
grounds for taking an adverse employment action
against the employee However an employer may
require employees to comply with established call-in
procedures outlined in a written distributed policy to
provide notice of an unforeseeable need to use PST
provided the employee does not have a reasonable
justification for failing to follow the policy (eg an
emergency)
6 Reporting Requirements ndash Paychecks The law
states employers must include in employeesrsquo regular
paychecks (or in an attachment to the paycheck) (1)
the amount of earned PST available to the employee
(2) the amount of PST taken by the employee to date
in the year and (3) the amount of pay the employee
has received for PST use in the year Recently
however the ICA clarified that an employer that
makes the above information available online (ie via
(10 Employer Considerations hellip Continued from page 6)
(Continued on page 8)
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 8
an email to the employee or through the companyrsquos
intranet) is compliant with the law Further employers
utilizing a general PTO policy are not required to
carve out PST balances for reporting purposes but
rather may report the data from the general PTO
balances
7 Carryover Versus Payout at Year End
Employees must be allowed to carry over up to 40 (or
24 for ldquosmallrdquo employers) hours of accrued unused
PST to the following year However this carried-over
amount will not affect the annual accrual and use caps
as described above Thus a ldquolargerdquo employer need
only allow employees to accrue and use a maximum
of 40 hours of PST per year
However employers have two options to avoid this
carry-over requirement First employers may elect to
pay out accrued unused PST at yearrsquos end but must
make the following yearrsquos PST balance available for
immediate use Second according to a recently
proposed regulation employers that frontload the full
annual allotment of PST at the beginning of a new
year (rather than requiring employees to accrue it
throughout the year) are not required to carry forward
or pay out unused PST
8 Calculating Hourly Rate for PST Payout The
ICA has stated that shift differentials and premiums
such as hazard pay should be included when
determining an employeersquos rate of pay for PST but
overtime holiday pay bonuses incentive pay tips or
gifts do not need to be included The FAQs on the
ICA website also provide direction and examples for
determining the hourly rate for piece-work and
commissioned employees
9 Using a General PTO Policy to Comply with the
PST Law Employers with existing general paid
leave policies (ie PTO) that provide an amount of
paid leave that meets or exceeds the requirements
under the Act and can be used for the same purposes
as provided under the Act are not required to provide
additional PST However there are a number of
reporting and posting requirements specific to PST
As such the practical implication of the new law is
that most employers should update their policies to
account for these potential PST issues
10 Multistate Employers Many employers have
operations in multiple jurisdictions many with
different or conflicting PST laws Accordingly
multistate employers should consider creating a
standalone Arizona PST policy or an addendum for
Arizona employees that explains the parameters of the
Arizona PST law
Conclusion
This article attempts to address the most frequent
questions and concerns we are fielding from
employers large and small However there are many
other issues requirements options and possible
consequences that are best discussed on an
individualized basis As such companies are
encouraged to contact their employment counsel to
discuss their practices to ensure compliance with the
Arizona PST law
(10 Employer Considerations hellip Continued from page 7)
Reprinted with permission of the authors
Steve Biddle and Sarah K Watt of
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 9
1347 N Alma School Road Suite 150
Chandler AZ 85224
Office (602) 347-8503
wwwAZNHFcom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 10
Paralegals strike
out on firing
claims
Law firm employees who shared complaints with
co-workers didnt engage in concerted activity
and werent illegally fired National Labor
Relations Board (NLRB) administrative law
judges (ALJ) decided in two cases on June 30
In an Arizona case McCarthy Law PLC a
paralegal was fired after she commented on a
computer survey that senior officials werenrsquot
sufficiently engaged in law firm management The ALJ found the comment didnrsquot arise out of any
group discussion or employee activity and wasnrsquot protected by the NLRA
In the second case Trey Harlin PC an ALJ acknowledged that the NLRB has found that employee
discussions about sexual harassment can be concerted in nature but she found a Texas legal assistantrsquos
recounting allegedly inappropriate comments to her co-workers wasnrsquot concerted The employee never
asked for help or suggested any group protest action the ALJ found
The two cases illustrated that employees claiming protection under the National Labor Relations Act
show that their discussions about work-related matters were concerted in character and designed to
improve wages or working conditions not merely that they involved two or more employees
To read the complete article Paralegal Legal Assistant Strike Out on Firing Claims by Lawrence
E Dube Bloomberg Law published 732017 visit httpswwwbnacomparalegal-legal-assistant-
n73014461151
The decisions for both cases can be found here
McCarthy Law PLC 2017 BL 227283 NLRB ALJ Case 28-CA-175313 63017
httpwwwbloomberglawcompublicdocumentNLRB_ALJ_Decision_McCarthy_Law_PLC_No_C
A175313_2017_BL_227283doc_id=XJSTNHPC
Trey Harlin PC 2017 BL 327284 NLRB ALJ Case 16-CA-171972 63017)
httpwwwbloomberglawcompublicdocumentNLRB_ALJ_Decision_Trey_Harlin_PC_No_CA171
972_2017_BL_227284doc_id=XJSTNHHC
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 11
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 12
What do a rape claim in Pennsylvania a car accident
in Canada and an arson case in Ohio have in
common In each one ldquowearable technologyrdquo was
used as key evidence to prove or disprove the claim
Wearable technology encompasses devices people
wear which contain smart sensors and wirelessly
connect to smartphones through a web or Bluetooth
connection Certain types of wearable technology can
track a userrsquos activity and store the information for an
unlimited amount of time In civil and criminal
litigation fitness trackers and smart watches are
emerging as a potential source of information which
could provide valuable data for the prosecution or
defense of a lawsuit
Criminal case in Pennsylvania
For example when the police in Pennsylvania were
investigating a claim of rape they pulled the data
from the victimrsquos fitness tracker a Fitbit to
substantiate her story The victim claimed she was
sleeping in her home when an intruder entered her
bedroom and raped her However the Fitbit data
showed that the victim took approximately 1000 steps
after the time she claimed to have gone to bed and
prior to calling 911 The investigating officers
believed that the ldquovictimrdquo staged the crime scene
during those extra steps After completing their
investigation the police charged the supposed victim
with tampering with evidence and filing a false report
Personal injury in Canada
When a personal trainer suffered injuries in an
accident fitness trackers were not widespread Four
years after the accident the personal trainerrsquos lawyers
outfitted her with a Fitbit Force to show the plaintiffrsquos
current level of activity The lawyers gave the data to
Vivametric an analytics company and that data was
compared with the activity of the general population
as determined by ldquoindustry and public researchrdquo
Vivametric takes a single personrsquos data compares it to
Fitbitrsquos databank of collected and stored data from
other wearers and determines whether that person falls
above or below the average In this case the lawyers
are hoping the data will support their claim that the
trainerrsquos activity was below average
Property claim in Ohio
In the arson case the claimant told investigators that
when he saw the fire engulfing his home he packed
some belongings in a suitcase broke a window with (Continued on page 13)
Wearable technology
Counting the steps to a defense verdict By Nanci R Schanerman
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 13
his cane and threw items through the window before
carrying them to his car The claimant also told police
that he had a cardiac pacemaker The police were
suspicious of the firersquos origin They retrieved the
claimantrsquos pacemaker data through a search warrant
The data included the claimantrsquos heart rate pace
demand and cardiac rhythms before during and after
the fire A cardiologist determined that it was highly
improbable due to his medical conditions that the
claimant could do all the collecting packing and
removal of items from his house and then carry them
in the short period of time he indicated In addition
gasoline was found on the claimantrsquos clothing and the
fire started in multiple places The investigators stated
the medical data represented some of the ldquokey pieces
of evidencerdquo in the case
How can litigators use wearable technology in
their every day personal injury cases
The first step as with collecting any evidence in
litigation is to engage in discovery Under Florida
law and similarly in other jurisdictions the rules of
civil procedure state that a party can obtain discovery
regarding any matter ldquothat is relevant to the subject
matter of the pending actionrdquo If a party is claiming
they are injured and are no longer as active as they
used to be the data contained on any fitness or
activity tracking device is obviously relevant The
challenge in discovery will be to limit the scope of the
request to avoid the dreaded ldquofishing expeditionrdquo The
typical objections that could arise when requesting
fitness data are that it is burdensome to produce the
data is protected by a right to privacy and the request
is not limited in time or scope
Overcoming objections
It is easy to overcome these objections for the most
part To overcome a burdensome objection the
requestor can provide a protocol for easy download of
the information For example I created a protocol to
download Applersquos fitness data collected by any
iPhone (Yes iPhones are included as wearable
technology and automatically track a userrsquos activity)
or Apple Watch The protocol outlines step by step
how to extract the raw data and takes less than five
minutes
Until there is well established law regarding the
discovery of fitness tracking data the biggest
roadblock to discovery will most likely be objections
based on a userrsquos right to privacy One way to
potentially overcome this objection is to determine
whether the user shares the information with third
parties Most wearable technology contains a social
aspect where a user shares their data with friends or a
team much like social media Therefore law on
discovery of social media information will be
analogous to the collection of fitness tracking data In
Florida the Fourth District Court of Appeal in the
landmark case of Nucci v Target held that
ldquophotographs posted on a social networking site are
neither privileged nor protected by any right of
privacy regardless of any privacy settings that the
user may have establishedBy creating a Facebook
account a user acknowledges that her personal
information would be shared with othersrdquo Similarly
by opting to share fitness data with friends a user
acknowledges that his or her personal information
will be shared with others A second way to
potentially overcome a privacy objection is by
analogizing the fitness data with medical data
contained in medical records A plaintiffrsquos medical
records have long been considered discoverable to
prove a plaintiffrsquos injuries
Admissibility
After discovery of the data the next step is to lay the
foundation for admissibility at trial The foreseeable
challenges to admissibility are most likely going to be
the authentication of the data and the accuracy of the
data There are several ways to authenticate the data
such as questioning the user identifying data unique
to the use of the device like references to a particular
fitness goal or hiring a computer forensic expert
Proving the accuracy of the data will be a bigger
problem For example Apple admits that its heart rate
data is flawed If anything is blocking the LED lights
on the back of the watch which measure the heart rate
such as tattoos or irregular skin perfusion the heart
rate reading will not be accurate Similarly Apple
states on its website that water immersion while
swimming could interfere with accurate heart rate
data Furthermore irregular movements can confuse
(Wearable Technology hellip Continued from page 12)
(Continued on page 14)
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 14
any device Fitbit has also had the accuracy of its heart
rate data questioned in a class action filed in 2016
currently pending in Northern District of California In
the suit consumers from California Colorado and
Wisconsin allege that the heart rate tracking in the
Charge HR and the Surge two products that came to
market in 2015 is inaccurate by a significant
margin especially during periods of intense exercise
Overcoming challenges to accuracy of the data will
surely interfere with its admissibility but it would still
certainly be worth trying to admit overall trends in the
data instead of an exact number of steps walked in a
day or beats per minute of a personrsquos heart
With all of this in mind the challenge will be to find a
plaintiff pursuing a claim who utilizes a fitness
tracker This may become less of a challenge in the
next few years as experts predict fitness trackers and
smart watches will increase in the market by 195
million units by 2020 Furthermore employers and
insurance companies are outfitting people with
wearable technology to reduce risks and work place
injuries Several health insurance companies are
offering discounts to people who utilize this
technology and submit it to show a healthy and active
lifestyle
Wearable technology is constantly evolving and
getting better with each generation It will be
interesting to see what happens when the law catches
up and whether this data will become a regular part of
personal injury litigation much like social media
discovery
Reprinted with permission of the author
Nanci R Schanerman of
(Wearable Technology hellip Continued from page 13)
Mike McCrary Discovery Consultant
mmccraryfronteocom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 15
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 16
Join us on WEDNESDAY August 9 2017 at 1200 PM for this one-hour CLE webinar by Dr Arthur Eckstat ldquoWill That Product Liability Personal Injury Claim Prevailrdquo
What yoursquoll learn
Whether you are the team pursuing a product liability personal injury claim or defending against one the
criteria for prevailing is much the same Yoursquoll learn the criteria for a valid product liability claim and further
examine red flags that can affect your ability to prevail and suggestions on how to manage them
Criteria and Red Flags discussed include but not limited to
This webinar qualifies for 1 hour of CLE credit
Cost $25 for APA members $30 non-members
LAST DAY TO REGISTER FRIDAY AUGUST 4 500 PM
Identifying party(s) responsible Evidence collecting and protecting
How and why did the injury occur Expert witnesses ndash need types roles
What really happened despite story Interrogatories ndash Use and abuse
Likelihood of substantiating negligence Costs of pursuing or defending a claim
Strict Liability criteria for prevailing Contingency fee considerations
Identifying designmanufacturing defect
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 17
Our Speaker
Dr Arthur Eckstat
Engineering Consultant and Expert Witness
Dr Arthur Eckstat has served as an Engineering Consultant amp Expert Witness for over 15 years specializing
in Products Liability Personal Injury matters including wrongful death Art is often approached by plaintiff
attorneys to support what would be an unwinnable claim He created Lawsuit Consultant
(wwwlawsuitsconsultantcom) to help Products Liability Plaintiff Attorneys learn how to choose craft and
conduct winning cases while identifying and avoiding losing or under-performing cases That service
expanded to helping Defense Attorneys and insurance companies learn how to determine the validity of injury
claims Regardless of which side of an injury claim yoursquore representing two primary questions are ldquoHow was
the claimant injuredrdquo and ldquoWhy was the claimant injuredrdquo
Art possesses a Mechanical Engineering degree and an earned Doctorate He took early retirement from the
corporate worlds of Automotive and Aerospace engineering where he received international recognition and
accolades from both internal and external customers for his unique ability to see and explain what others have
missed He has successfully bridged the breach between Academic and Practitioner Art was honored as a
Contributor to Aviation History by Donald Engen Director of the Smithsonian National Air and Space
Museum in a ceremony held at the museum in Washington DC
DEADLINE TO REGISTER August 4 at 500 pm
Premier Designs Jewelry
Kathy Hanchette
Beyond Diva Jewelry
602-264-2230
wwwArizonaCourtReporterscom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 18
A degree above all others
12th Street and Missouri
Phoenix AZ 85014
(602) 212-1445
mbatranscriptazcoxnet
Serving local and national clientele with their
legal and general transcription needs
including civil criminal personal injury
family law as well as assisting in other areas
of law
INTEGRATED MEDICAL EVALUATIONS INC
401 W Baseline Rd Suite 206
Tempe AZ 85283
6023650132
wwwimewestcom
I avoid looking I avoid looking I avoid looking
forward or forward or forward or
backward and backward and backward and
try to keep try to keep try to keep
looking upward looking upward looking upward Charlotte BronteCharlotte BronteCharlotte Bronte
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 19
Many have a problem with lie or lay How do you know when to use which one
Lay (lay laid laying) means ldquoto putrdquo or ldquoto placerdquo Because itrsquos a verb (action word) it requires an object to
complete the meaning
Please lay the groceries on the counter
She laid her resignation letter on the bossrsquos desk
He is always laying his schoolbooks on the kitchen table
Lie (lie lay lain lying) means ldquoto recline rest or stayrdquo or ldquoto take a position of restrdquo Unlike lay which re-
quires it lie cannot take an object
She said she was going to lie on the bed to test the mattress
The pleading was lying on his desk for him to sign
A way to remember the difference is that if you can replace the questionable lie or lay with place (or the correct
version of it) then you need to use the correct version of lay If it doesnrsquot use the correct version of lie
She wanted to (lay or lie) down for a nap Would you say ldquoShe wanted to place down for a naprdquo No So
the proper word would be lie
He (laid or lay) the coffee on his secretaryrsquos desk Is it ldquoHe placed the coffee on his secretaryrsquos deskrdquo Yes
Then laid is correct
Another reminder hint might be if you are going to plAce something then you are going to lAy it but if you
are going to rEst you are going to liE
Thanks to Kathy Sieckman PP PLS-SC ACP of wwwProofthatblogcom for the above
To Lay
or Lie
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 20
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 21
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 22
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 23
Occasionally we all come across
situations in which we wonder
Would Miss Manners approve But
in the digital age of social
networking the etiquette lines can
become even blurrier Following are
some common sticky business
etiquette questions and tips to help
tackle them
Social Media
Should I personalize my LinkedIn requests to
connect with others
Its perfectly fine to use the form letter and in fact
most people do it for convenience even when
connecting with close contacts But if you wish to
connect to someone you havent seen in a while take
the time to personalize the message and explain how
youve met
How do I keep my manager from getting wind of
my job search using LinkedIn
If you consistently have a voice share opinions and
articles and tend to your audience and your network
as a daily routine mdash and not just when youre looking
for work mdash then when its time to find that next career
opportunity none of your activity will look out of the
ordinary But its not smart to immediately update your
LinkedIn profile by adding a large number of new
contacts fleshing out your profile and soliciting
recommendations Adjust your settings so you dont
broadcast activity youre not willing to share Pay
particular attention to the Opportunity Preferences
section under Contact Settings If you say you are
interested in career opportunities you could be
sending a red flag to your manager You can gain
exposure among your peers by joining groups related
to your professional field Many recruiters are
members and scan the roster for potential hires
Contribute to the discussion and establish yourself as a
subject matter expert to catch their interest
Should I friend my boss or coworkers
This is the $64000 question and the feelings of those
on the receiving end may provide the answer (See
Thinking About Friending Your Boss on
Facebook on Page 10 of Business Etiquette The
New Rules in a Digital Age) If you do connect utilize
privacy settings and different friend lists to control
how mdash and with whom mdash you share content Be
sensitive to your professional environment some
industries or companies are much more engaged in
digital networking than others If youre starting a new
job take your cue from others before sending out
friend requests to your new colleagues
Can Facebook postings hurt my job search
A good rule of thumb is to always post prudently If
you dont want your employer to see it get rid of it A
recent survey by our firm revealed that 44 percent of
executives review the Facebook presence of potential
hires Even if your account is just for fun keep it in
check To put your Facebook on a privacy lockdown
click on the drop-down Account menu in the top
right corner and select Privacy Settings Keep in
mind that Facebook may change its privacy features at
(Continued on page 24)
Sticky Business Etiquette Questions amp Answers
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 24
any time and you might not be aware of the changes
when they occur Always assume that anything you
post online may become public
Should I use Facebook at work
Maybe if its for work-related purposes and not just
keeping your friends updated on your weekend
activities Then again maybe not Thirty-eight percent
of chief information officers interviewed by Robert
Half have implemented stricter social networking
policies as these tools have become more prevalent in
the workplace If youre not sure what rules your firm
has in place check with your manager or human
resources representative Your best bet is your own
good judgment Just as you would expect to restrict
personal phone calls or conversation at work you
should limit personal use of social networking
platforms too
Whats the right way to decline a request to
connect with someone
While an automated No thank you could make our
lives easier no response at all might be your best bet
Dont feel pressured to connect with someone you
would rather not form a relationship with and dont
feel the need to explain your decision If you expect
you might run into the individual in person be
prepared in case you are confronted about it Simply
click Ignore especially if the person is a stranger
If someone follows me on Twitter should I
automatically follow him or her back
No because you may end up unfollowing the person
later Before following people check out their feed
bio and previous tweets to get a sense of them or their
organization and determine if youll be interested in
seeing the kind of content they share Although its
considered good etiquette to follow someone back
dont do it indiscriminately Its your feed and you
want to make it valuable to you
Emails and Conference Calls
Uh oh I sent a confidential email to the wrong
person What do I do now
Its not a lost cause and there are a few steps you can
take First try to use the recall function of your email
program But keep in mind that not all applications
offer this option and various factors can affect how
successful it is If this step doesnt solve the problem
you need to limit the impact of your mistake Contact
those who are affected the recipient and possibly the
person to whom you intended to send the message
Explain your error and if you need their help
correcting it You also may need to inform your
manager of the mistake
How responsive should I be to e-mail when Im on
vacation
It depends on whether you want to have a real
vacation If your Out of Office says youre not
checking e-mail on vacation dont check and respond
to messages Doing so changes expectations and
implies youre more accessible than you said youd be
Instead be considerate to others needs while you are
out and list a back-up contact in your Out of Office
auto response
I forgot to attach a file before sending an emailhellip
again How can I avoid this in the future
Slow down Everyone forgets to attach a file from
time to time because theyre in a rush But repeatedly
making this mistake can cause your colleagues to
question your attention to detail Going forward try
attaching your file before you compose your message
This way you can be sure it makes it to the recipient
Just make sure you attach the right file
How can I prevent my colleagues from scheduling
conference calls over lunch
Everyone should have a chance to eat lunch Often
people simply look for an open spot on others
calendars when scheduling a meeting So you might
consider blocking out your lunch hour to ensure you
have time to grab a bite to eat Although it may be
unavoidable to meet during this time on occasion you
might find that this simple step helps you out
Thanks to Robert Half for this information To learn more about
Robert Half visit wwwroberthalfcom
(Sticky Business hellip Continued from page 23)
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 25
3150 N 24th Street
Suite D-104
Phoenix AZ 85016
6022569700
The Nationwide Legal LLC team provides a
broad spectrum of comprehensive legal support
services at an unparalleled level of quality NWL
utilizes state-of-the-art technology to deliver
practical and cost-effective solutions for all of
your legal support service needs wwwNationwideASAPcom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 26
BILLING
BLUNDERS AND
FEE AGREEMENT
ESSENTIALS Speaker
Lynda C Shely
Esq
Ethics Lawyer
Speaker
Consultant
APA WEBINAR
Wednesday September 13 2017
1200-100 pm
COST APA Members $25 (or use your free 2017 webinar coupon) All others $30
This webinar qualifies for 1 hour Ethics CLE credit
Lynda C Shely of The Shely Firm PC Scottsdale Arizona provides ethics advice to over 1500 law firms in Arizona and the
District of Columbia on a variety of topics including conflicts of interest fees and billing trust account procedures lawyer
transitions multi-jurisdictional practice ancillary businesses and ethics requirements for law firm advertisingmarketing She also
assists lawyers in responding to initial Bar charges performs law office risk management reviews and trains law firm staff in
ethics requirements Lynda serves as an expert witness and frequently presents continuing legal education programs around the
country Prior to opening her own firm she was the Director of Lawyer Ethics for the State Bar of Arizona Prior to moving to
Arizona Prior to moving to Arizona Lynda was an intellectual propertyantitrust associate with Morgan Lewis amp Bockius in
Washington DC Lynda received her BA from Franklin amp Marshall College in Lancaster PA and her JD from Catholic
University in Washington DC
Lynda was the 2015-2016 President of the Association of Professional Responsibility Lawyers She serves on several State Bar of
Arizona Committees and as a liaison to the ABA Standing Committee on Ethics and Professional Responsibility She is an
Arizona Delegate in the ABA House of Delegates Lynda has received several awards for her contributions to the legal profession
including the 2007 State Bar of Arizona Member of the Year award the Scottsdale Bar Associationrsquos 2010 Award of Excellence
and the 2015 AWLA Maricopa Chapter Ruth V McGregor award She is a prior chair of the ABA Standing Committee on
Client Protection and a past member of the ABArsquos Professionalism Committee and Center for Professional Responsibility
Conference Planning Committee Lynda was the 2008-2009 President of the Scottsdale Bar Association She has been an adjunct
professor at all three Arizona law schools teaching professional responsibility
LAST DAY TO REGISTER FRIDAY September 8 2017 at 500 PM
Click Here to Register httpazparalegalorgevent-2588123
Ethical and practical considerations for all firms ndash even those that think they do not need to
track hourly time Lynda will review what clauses are mandatory for all fee agreements in Ar-
izona as well as clauses that will help with client communications and expectations Billing
tips will go over the five things to never do in a time entry why block billing is prohibited in
Arizona how to get paid faster and common mistakes made in client invoices
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 27
WOOLSTON amp TARTER PC AUDIT DEFENSE amp TAX LITIGATION
Congratulations to the Arizona
Paralegal Association on 40
successful years of promoting the
paralegal profession
In just about every area of society therersquos nothing more important than ethics
Henry Paulson
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 28
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 29
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 30
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 31
Jason Bagley
Senior Territory Manager
(602) 559-4587
jasonbagleylexisnexiscom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 32
GENDER EQUALITY
The process of voir dire sometimes includes
subtle and not-so-subtle attempts at gender
stacking of jurors to prevent or create bias
toward a plaintiff Other demographic factors
may be more influential but gender is still
important though not necessarily in the way
one would suspect
The accompanying chart based on California New York and Texas cases reported to VerdictSearch depicts
plaintiffsrsquo winning percentages according to the plaintiffrsquos gender and the juryrsquos composition Bias is evident
but it is not dependent on the plaintiffrsquos gender
Any plaintiffrsquos winning percentage is substantially greater when his or her case is heard by a female-
dominated jury rather than a male-dominated jury or a gender-neutral jury The takeaway All other factors
being equal plaintiffs are best served by female jurors The equation flips when it comes to awarding
damages but thatrsquos a topic for another study
Thank you to Verdict Search for this analysis To learn more about VerdictSearch visit
wwwVerdictSearchcom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 33
Vol 13 No 8 August 2017
Fees Increase in One Week
Most filing and service fees will increase on Wednesday August 9 2017 Documents submitted for filing that are received by the Clerks office (file counter by mail or through a filing depository box) on or before August 8 will be subject to the current fees Documents received for filing on and after August 9 will be subject to the new fees Fees are posted on the Clerkrsquos website at httpwwwclerkofcourtmaricopagovfeesasp
Appeal and Cost Bond Info Online
Court rules statutes court orders or other authorities may require posting appeal or cost bonds with the Clerks Office Depending on the type of issue the parties the complexity of the case and other factors years can pass between the bond posting date and resolution of related issues During that time parties attorneys and the courts may overlook issuing a court order releasing the money The Clerks Office holds the funds until a court order directs the Clerk specifically what to do with those funds The Clerkrsquos Office has now posted lists online of bonds posted with the Clerks Office where the need for the bond may have ended and no court order was filed allowing the Clerk to return the money If you or your clients posted an appeal or cost bond in any case it is worth checking if funds are still on hold
Customers can search the online lists by party name or case number A party or their attorney must file a petition with the court requesting an order be issued directing the Clerk to release these funds The Clerks Office will only release money by court order and only as specifically directed in the order For more information about the deposit or release of these funds including specific information the Clerkrsquos Office needs before releasing money see the Clerkrsquos website at httpwwwclerkofcourtmaricopagovrelease_bondsasp The Clerks Office will only assist parties to a case or their attorneys Third-party vendors personal representatives and other non-parties must be named in a court order to obtain detailed information or to receive a payment check
Law Library Resource Center Filings Grow by Leaps and Bounds
Last year the Superior Court in Maricopa County renamed relocated and expanded its self-service center into the Law Library Resource Center (LLRC) The Clerkrsquos Office staffs a filing counter within the downtown Phoenix LLRC to allow customers a one-stop-shop for research drafting and filing court documents Filings within the LLRC have gone up every month since its establishment In January 2017 the file counter handled 406 transactions and nearly doubled that volume by the end of March 2017 with 802 transactions In June the file counter processed more than 1000 transactions Clerk staff at this window can process fee deferral applications adding to customersrsquo onsite convenience For more information about the LLRCrsquos services locations and other details see the Superior Courtrsquos website at httpswwwsuperiorcourtmaricopagovSuperiorCourtLawLibraryResourceCenter
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 34
THANK YOU
Our Charity Raffle Prize Drawing for this beautiful quilt donated by the Emmanuel Lutheran Quilters of Prescott Valley Arizona raised $350
All proceeds have been provided to Feed Hungry Children Program in Prescott Valley Arizona
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 35
Paralegal robot reviews patent documents There is a new software RoboReview that helps patent
lawyers draft applications that are more likely to pass muster with the USPTO It automates paralegal
work bringing more rigor to the task of researching prior art and potentially saving thousands of dollars
on a filing Typically this review is done by humans doing multiple searches To read more visit the
ABA Journal httpwwwabajournalcomnewsarticlepatent_document_robot_legal_review
Paralegal cries after being charged with stealing $12 million from law firm The paralegal was an
office manager for a law firm in downtown Toledo where prosecutors allege she embezzles money from
the firm and from the trust account of a disabled client between 2008 and September 2015 The suit
claims that the paralegal forged signatures and falsified bookkeeping software and other records to steal
from the firm The paralegal cried throughout the bond hearing She has been fired To read more about
this case visit httpwwwtoledobladecomCourts20170712Bond-set-at-100K-for-office-manager-
charged-with-embezzling-1-2Mhtml
Paralegal re-appointed to Florida Bar Section Priscilla Horn Warren a nationally and Florida
certified paralegal will continue to serve on the States Solo and Small Firm Section as their paralegal
representative for 2017-2018 term Warren has continuously served as paralegal liaison with the section
since 1995
Law Firm not liable for paralegal mistake on $15 bn loan A New York Judge found that the firm did
not owe a duty of case to third parties The paralegal had accidentally cancelled the security interest of a
$15 billion loan to General Motors The firm did not represent the lenders and as such did not owe a duty
to third parties JP Morgan Chase acted as lenders and its lawyers also missed the mistake The mistake
was only noticed when GM filed for bankruptcy protection in 2009 To read more visit
httpwwwgloballegalpostcombig-storiesmayer-brown-not-liable-for-paralegal-mistake-on-$15-bn-
loan-73921531
Lawyer and paralegal arrested after being found with meth pipes and other drug paraphernalia
The attorney claimed that the equipment didnt belong to him (my paralegal did it defense) To read
more visit httpwwwarkansasmatterscomnewslocal-newsconway-lawyer-and-paralegal-arrested-on-
drug-possession769588833
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 36
DIAMOND SPONSORS
National Health Finance
ABI Document Support Services
RUBY SPONSORS
Nationwide Legal Inc
Vocational Diagnostics Inc
EMERALD SPONSORS
MBA Legal Transcription
First Legal Network
LexisNexis
Coash amp Coash
Robert E ldquoBobrdquo Underdown The Insurance Archaeologist
Jones Skelton amp Hochuli
THANK YOU TO OUR SPONSORS AT OUR ANNUAL LEGAL CONFERENCE AND 40TH ANNIVERSARY CELEBRATION
Thank you to the individuals and businesses that support the Arizona Paralegal
Association in our efforts to promote and educate the paralegal community by
becoming Legal Seminar Sponsors The assistance of our sponsors has been vital in
bringing educational programs to paralegals across Arizona This Legal Seminar would
not be possible without the help of the sponsors and we hope you will join us in
PEARL SPONSORS
Compex Legal Services Inc
Kathy Hanchette Premier Designs
Robson Forensic
Parasec
Iron Mountain
Litigation Services
Fronteo
The Morton Group
Integrated Medical Evaluations Inc
Elite Medical Experts
Lynn Tofaute Yanbal Jewelry
Griffin amp Associates
Discovia
Woolston amp Tarter PC
Ottmar amp Associates
Ballard Spahr LLP
DTI Global
Thank you to these Northern Arizona sponsors who have generously donated
prizes for the Arizona Paralegal Association drawing
Murphyrsquos Restaurant Prescott Arizona
Susanne Chacon Scentsy 9287108777
Yavapai Title 9284452528
Mangum Pearce Court Reporting 9284451909
Prescott Law group PLC 9284451909
Emmanuel Lutheran Quilters Prescott Valley
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 37
Congratulations to the Arizona Paralegal Association on 40 years
1 East Washington St Suite 2300
Phoenix AZ 85004
602798-5400
wwwballardspahrcom
6024851488
wwwOtmarAssoccom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 38
APA MEMBER JOB BANK
DONrsquoT FORGET TO CHECK OUR ONLINE
JOB BANK FOR UP-TO-DATE JOB LISTINGS
at httpwwwazparalegalorgjobbank
[In order to view the online Job Bank you must login
to our new website (using your email and password)
If you experience any difficulty logging in please
contact membershipazparalegalorg for assistance]
PARALEGAL - BANKRUPTCY LITIGATION
Position Overview
Under the supervision of one or more lawyer(s) the
Paralegal assists in the delivery of quality efficient
and accessible legal services in the bankruptcy real
estate corporate andor commercial litigation practice
groups
Responsibilities
Draft routine pleadings statements affidavits
andor other legal documentation as appropriate at
the specific direction of attorneys
Prepare initial drafts of legal documents for
bankruptcy proceedings including case captions
and simple pleadings such as claim forms requests
for notice or judicial notice etc
Arrange Court Call appearances communicates
and cooperates with Court clerks on filings and
appearance requirements and interacts with Court
personnel as necessary to serve client needs
Prepare initial drafts of fee applications when
representing estate professionals and oversecured
creditors in bankruptcy cases and in connection
with fee awards in other litigation contexts
including exhibits and declarations in support
Compile documents in connection with appeals
including designations and indexes of the record
district court elections and requests for transcripts
Draft notices of appearance substitutions of
counsel documents pro hac vice applications and
corporate ownership statements
Assist with discovery-related filings including
Bankruptcy Rule 2004 examination applications
notices and orders subpoenas and notice of
servicecompliance
Manage non-judicial trustees sale process
including security instrument review public
record filing review notice drafting service
completion bid compilation sale procedures
communications with interested parties deed upon
sale drafting and all necessary public recording
and filing
Perform ECF filings and review local rules for
pleading forms notice and service requirements
Fulfill duties to deliver court copies courtesy
copies lodged order uploads in pdf or Word and
complies with all local rule requirements
Organize index and track large numbers of
documents including development of information
(Continued on page 39)
DO YOU KNOW OF A PARALEGAL POSITION AT YOUR PLACE OF EMPLOYMENT
If so advise your employer that the APA offers ad space for paralegal jobs to employers free of charge To place a job bank ad or for information on a job send an e-mail to Betsy Wolf at jobbankazparalegalorg
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 39
APA MEMBER JOB BANK
retrieval systems performs all case management
functions
Perform calendaring or docketing of information
as needed
Research and obtain information from various
courts administrative bodies public information
sources etc
Performs electronic research using PACER court
websites Westlaw and Lexis in addition to
Shepardizing and Bluebooking citations
Coordinate efforts with trials and hearings such as
taking notes handling exhibits organizing and
gathering factual information etc
Attend trials or client meetings as needed inside
and outside the office that require face-to-face
contact
Coordinate vendors in conjunction with a project
such as court reporters process servers copy
vendors etc
Track time in DTE and assures that services
provided are properly charged to the client
Track expenses for travel client meetings and
court appearances
Essential Job SpecificationsQualifications
Familiarity with pleading notice and service rules
triggered in Chapter 7 and 11 Bankruptcy Courts
Familiarity with Uniform Commercial Code
enforcement process and procedures
Familiarity with basic corporate formation
practices and procedures
Ability to perform ECF filings
Excellent computer skills including Word Excel
PowerPoint and database applications
Ability to deal professionally with all levels of
clients both internally and externally
Proven ability to solve problems work
independently and tackle projects with minimal
supervision
Ability to be flexible meet deadlines handle
pressure and adapt to changing work priorities
work flow and work assignments
Ability to effectively and respectfully
communicate verbally and in writing with other
staff lawyers management and clients
Ability to organize a large amount of data and files
into an efficient system (both electronic and
hardcopy) for easy filing and retrieval
Ability to maintain confidences as well as build
confidences and trust
Ability to pay close attention to detail
Ability to work overtime up to 10 or more hours
per week
Ability to work off-site at client location(s) for
extended periods of time
Requires the ability to regularly report to work on
the days and times scheduled or alternatively to
work flex hours depending on lawyer and client
needs
Physical Demands
Ability to work in a typical office environment and
lift up to 25 lbs NOTE Reasonable
accommodations may be made to enable
individuals with disabilities to perform the
essential functions
Travel
Ability to travel locally
EducationExperienceCertifications
Bachelors Degree andor Paralegal Certificate
Minimum of two years experience with
bankruptcy and litigation practice(s) at a law firm
Disclaimer
The above statements are intended to describe the
general nature and level of work being performed by
the incumbent in the position They are not intended
to be an exhaustive list of all responsibilities duties
and skills of the employee Duties and responsibilities
may change at any time with or without notice
(Job Bank hellip Continued from page 38)
(Continued on page 40)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 40
How to Apply Please send resume to
lisaspannbryancavecom
Equal Opportunity Employer
LITIGATION PARALEGAL - INSURANCE
DEFENSE
Jones Skelton amp Hochuli is seeking an ambitious
paralegal with 5+ years of experience in general civil
litigation and experience in State and Federal courts
The ideal candidate will have a stable work history
and exceptional communication and organizational
skills We offer a competitive salary and benefits
package and a team-oriented working environment
Please email your resume to Recruitingjshfirmcom
AAEOE
EXPERIENCED LITIGATION PARALEGAL
Dickinson Wright PLLC (Phoenix office) is in need of
a litigation paralegal
Requires a minimum of three yearsrsquo recent experience
in Arizona law
Job Description
Organize and synthesize information through the
preparation of summaries chronologies reports
spreadsheets
Draft and review routine legal documents (eg
privilege logs exhibit lists discovery disclosures
etc)
Assist attorneys on cases by providing
computerized support to help them plan organize
research analyze argue and present their cases in
a more cost and time efficient manner
Provide the day-to-day support of data
management
Assist attorney in trial preparation and set-up of
electronic equipment in the courtroom provides
court assistance as required
Assist with managing cases projects on various
levels and at various stages of the litigation
process
Candidates must have excellent communication skills
for contacting clients experts and other outside
parties have knowledge of state and federal court
rules procedures and e-filing requirements drafting
be self-motivated a team player proficient in MW
Word Outlook 2010 and a working knowledge of
document management systems Relativity and Trial
Director experience is a must
EducationalExperience requirements
Paralegal certificate from ABA school or
certification
We offer a competitive salary and benefits package
and an outstanding work environment All candidates
must submit a cover letter resume and salary history
Please email resumes to
LMandellDickinsonwrightcom
EXPERIENCED FAMILY LAW PARALEGAL
Cantor Law Group an AV-rated six-attorney family
law firm located in downtown Phoenix seeks a sharp
paralegal with at least two years of recent Arizona
family law experience In this position you will work
closely with an associate attorney to manage a case
load of 40+ cases covering a wide range of domestic
relations issues Experience with high-asset andor
DCS cases is a plus Must be a strong writer able to
draft pleadings and correspondence Exceptional
people skills are needed as there is a great deal of
client contact
An attractive compensation and benefits package is
available for the right candidate In addition to a
competitive salary and bonus opportunities we offer
an outstanding benefits package including ten paid
(Job Bank hellip Continued from page 39)
(Continued on page 41)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 41
holidays per year ten days paid vacation days yearly
five days personal paid time off yearly as well as the
availability of medical dental vision and life
insurance A 401K with a very generous employer
match is offered after one year
Requirements
2 years recent Arizona family law experience
Proactive able to handle and direct caseload with
minimal supervision
Attention to detail and excellent follow-up
Excellent analytical capabilities amp writing skills
able to draft substantive motions for attorney
review
Work well as a member of a fast-paced team
Professional appearance demeanor and attitude
Great client relations skills
Excellent computer skills including proficiency in
MS Word and other MS Office applications
Paralegal certification preferred (not required)
Knowledge of Time Matters or other case
management software a plus
Please send resumes to hrdmcantorcom
EXPERIENCED CRIMINAL DEFENSE
PARALEGAL
The Law Offices of David Michael Cantor an AV
rated criminal defense firm in Downtown Phoenix is
seeking an experienced paralegal with felony amp
misdemeanor experience to work closely with our
attorneys Our practice includes the full spectrum of
criminal charges and you will have the opportunity to
work on cases involving drug charges violent crime
sex offenses white collar crime property crime and
DUIs
The job
Proactively manage a substantial caseload without
direct supervision
Prepare and file pleadings according to attorney
instructions
Prepare trial notebooks and handle all trial prep
work
Create high quality correspondence and other
documents with little to no supervision
Maintain professional relationships with law
enforcement and prosecutors
Provide excellent customer service for our clients
Support 1-2 attorneys
We offer
Competitive compensation
Outstanding benefits including medical dental
vision lifeADampD coverage
401K with generous employer match
Paid vacation and sick time
Ten paid holidays per year
You
2+ years of private Arizona defense experience
handling both misdemeanor and felony charges
Familiar with Arizona courts and MVD
Proactive ndash needs little supervision
Great follow-up skills and attention to detail
Excellent writing skills
Professional appearance and behavior
MS Word and other MS Office applications
Keyboard speed 50+ wpm
Reliable
Enjoy being a member of a friendly team of
professionals
Experience with Abacus or other case
management software desirable
Please send resumes to hrdmcantorcom
PARALEGAL
Sentry Insurance is looking for a Paralegal to provide
litigation and administrative support to our Staff
(Job Bank hellip Continued from page 40)
(Continued on page 42)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 42
Counsel operation If you are looking for a career
with great potential choose the company with the
strength and stability to offer it all
What Yoursquoll Do
As the Paralegal yoursquoll assist the attorney staff by
performing legal activities which do not require
attorney signature client advise or appearances in
court In addition yoursquoll
Assist in the preparation of responses to discovery
under direct supervision of an attorney
Perform factual investigations and document
searches
Obtain investigative materials and policy
information
Contact insureds and other witnesses to obtain
factual statements
Coordinate scheduling of litigation activities and
witness appearances
What it Takes
Associate Degree or equivalent work experience
2-5 years of related work experience at least one
year in litigation practice
American Bar Association-Certified Paralegal
Training
Advanced knowledge of case management and
knowledge of and ability to perform legal
research
Experience with resources such as Westlaw and
Lexis
Strong analytical ability and knowledge of
litigation processes
Strong organizational and communication skills
Ability to maintain confidentiality
Strong working knowledge of the Internet
PowerPoint Excel and Word and familiarity with
legal case management software (ProLaw Clio
etc)
Ability to work independently and in multi-
jurisdictional venues
Must be able to meet travel requirements of the
job
What Yoursquoll Receive
We offer an outstanding array of benefits for our
associates including
Competitive Compensation
Group Medical Dental Vision and Life benefits
Generous Paid-Time Off - including Company
Holidays
401k plan with a dollar-for-dollar match on your
first six percent ndash immediate vesting
Access to more than 100 certification designation
and licensing courses
Career advancement opportunities
Why Sentry Insurance
Sentry employees have been helping individuals and
businesses build and protect their futures since 1904
Because of the trust placed in us Sentry is one of the
largest and strongest mutual insurance companies in
the United States and is rated A+ by AM Best the
industrys leading rating authority Sentry offers a full
line of property casualty and life insurance products
to protect businesses cars homes lives and retirement
incomes
So make the right choice - with great potential for
growth an outstanding 401(k) program and a schedule
that offers you a balance between your work and life
choose the company with the strength and stability to
offer it all Choose Sentry Insurance Sentry
Insurance is an Equal Opportunity Employer Apply
online at httpsjobssentrycomsearch119871
FULL-TIME LEGAL SECRETARY ASSISTANT
Mid-sized law office is seeking a self-motivated and
highly organized legal secretary with a minimum of 5
years of experience supporting 2 or more attorneys
Position will support multiple attorneys with case
management assistance calendaring state and federal
court filings formatting correspondence and
(Job Bank hellip Continued from page 41)
(Continued on page 43)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 43
pleadings copying mailing and other clerical duties
Optimal candidate will be able to accept and
implement directives maintain focus in hectic
environment keep attorneys informed of progress at
regular intervals and prioritize multiple projects
Working knowledge of MS Word amp Excel required
Associatersquos degree and background in litigation andor
insurance preferred EEOC Please email reacutesumeacute and
cover letter with salary requirements to
admincdslawfirmcom
EXPERIENCED PLAINTIFFS PERSONAL
INJURY LEGAL ASSISTANT
Small growing fast-paced Central Phoenix Personal
Injury Law Firm seeking full-time Legal Assistant to
join our team
Candidate must have excellent skills and 5 years
experience in a Plaintiffs Personal Injury Law Firm
with an ability to perform in a fast paced environment
Bi-lingual (SpanishEnglish) preferred but not
required Position involves significant interaction with
clients and requires attention to detail Good
organizational skills with a strong work ethic are
essential as is the ability to multi-task
Responsibilities include handling a large pre-litigation
caseload interfacing with attorneys and legal
assistants Must be proficient with MS Word Outlook
and Needles Case Management (preferred but not
necessary) Salary is competitive and DOE
Qualified candidates should e-mail resume with a
cover letter detailing their skills employment history
and salary requirements to
acoronadoblakefirmcom
(Job Bank hellip Continued from page 42)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 44
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
NALA Campus LIVE - Live web seminars are offered in two sessions each year FebruarymdashMay and AugustmdashNovember Each ses-sion features about 30 on-line seminars The audio files and handout material are copyrighted by NALA and the authors They are for personal use only Duplication of any of the material or any commercial use is strictly prohibited
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics httpswwwnalaorgcontinuing-educationwebinars NALA Campus LIVE - Live web semi-nars are offered in two sessions each year FebruarymdashMay and AugustmdashNovember Each session features about 30 on-line seminars The audio files and handout material are copy-righted by NALA and the authors They are for personal use only Dupli-cation of any of the material or any commercial use is strictly prohibited
82217 Music Law and Intellectual Property Rights
82417 So the Plaintiffrsquos on Medicare
82017 The ABCrsquos of Special Education
In addition to the Live Webinars NALA has On-Demand Webinar Courses available httpswwwnalaorgcontinuing-educationon-demand-webinar NALA also has a wide variety of available Self-Study courses as well as the Live Webinars You can access the Self-Study courses here httpswwwnalaorgcontinuing-educationself-study Many of these courses are recommended for preparing for the CP exam
NATIONAL BUSINESS INSTITUTE
wwwnbi-semscom
Live Video Webcasts
httpwwwnbi-semscomDefaultaspxVideo-WebcastsNavigationDataSource1=N63782
OnDemand amp Downloads
httpwwwnbi-semscomContentaspxst=ArizonaampNavigationDataSource1=N63932-63947
8817 Probate Boot Camp
8917 Real Estate Title and Conveyance Handling the Top
Issues
8917 Marijuana Business Legal Considerations
81417 Legal Descriptions Title Insurance and Surveys in Real
Estate Transactions
81517 Advanced Custody and Support Issues
81617 Personal Injury Trials 101
82117 Trusts from Start to Finish
82217 How to Get Your Clients Paid Debt Collection 101
82317 Bankruptcy The Ultimate Guide to Chapter 7 and 13
82817 Conflicts of Interest A Practical Legal Ethics Guide
82917 Using LLCs to Protect Assets
83017 Complex Social Security Law Issues
83017 Dealing With Problem Employees A Legal Response
Guide
And many morehellip
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 45
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
Lorman Live Webinars wwwlormancom You can find many more seminars listed at httpwwwlormancomlive-webinar
ON DEMAND WEBINARS
There are many OnDemand Webinars to choose from also
httpwwwlormancomondemand
8317 Electronic Record Retention Mistakes HR
Professionals Can Avoid
8317 HUD Section 3 Compliance Tips for Governments
8417 Paralegals Guide to Unauthorized Practice of Law
8817 Protecting High-Risk Clientsrsquo Assets Against lawsuits
8817 Tips and Tricks to Improve Your Telephone Attitude
8917 Rules and Guidelines When Dealing With Statute of
Limitations
8917 Utilizing Formulas in Microsoft Excel
81017 Early Retirement Incentives Navigating the Legal
Issues
And many more
Maricopa County Bar Association CLE CALENDAR
httpmcbasite-ymcomeventsevent_listasp
LEXIS NEXIS Paralegal Community
has some good information as well
Check it out at httplawlexisnexiscomcommunityportalarticlesdefaultaspxg=QfsTyLJ1USs=ampc=EZggD7hDKLw=
Arizona Bar Association wwwazbarorgCLE
OnDemand CLE
httpsazbarinreachcecomSearchmediaType=494a95bb-1e05-4c5b-a25f-36ad84bd4c39
82217 State Bar of Arizona Course on Professionalism
82317 Steering Clear of Malpractice Road Bumps
82417 Traffic Offenses
82517 Probate Rule 10(E)(2) Subsequent Training for Court-
Appointed Counsel
83017 A Survey of Family Law
And many more
ALA-ABI wwwali-abaorg
The ALI-ABA site has excellent online CLE courses forms printed books MP3 CDROMs CLE DVDs CLE MP3 Downloads CLE Court Materials and Course Papers
81017 Powers of Attorney Latest Legal Developments
81717 Creating and Maintaining a Paperless Practice
Improve Workflow Increase Efficiency
82317 Hot Topics in Legal Ethics
And many more
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 46
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
Organization for Legal Professionals wwwtheolporgeducation
Online Courses
Litigation Support Project Management
Paralegal Management Certificate Program
Project Management in Electronic Discovery
Computer Technology Skills for Paralegals
Legal amp EDiscovery Project Management Course
Institute of Paralegal Education httpipenbi-semscomContentaspxNavigationDataSource1=N63943 Webcasts amp Webinars httpipenbi-semscomContentaspxNavigationDataSource1=Rpp20NspEventDateSort7c1017c17cN63944-4294952056
Webcasts amp Webinars
8217 Medical records Made Easy for Paralegals
8817 Case Management for Paralegals Managing
Documents Files Calendars and Tasks
81717 A Paralegalrsquos Guide to Divorce Cases
82217 The Paralegalrsquos Guide to Probate
82317 Construction Law 101 for Paralegals
82417 Corporate Minute Books A How-To Guide for
Paralegals
82917 Smartphone Apps and Tricks for Paralegals
83017 Managing the Discovery Process A Paralegalrsquos Guide
91217 Paralegalrsquos Guide to Legal Research and Citation
Management
National Constitution Center wwwconstitutionconferencescom
8817 Legal and binding E-Contracts What Works in a Digital World
82117 Retaliation Claims Protect Clients from EEOC Charges amp Private Suits
West Legal Education wwwwestlegaledcentercom
If you know of any other sources for CLE and would like listings to be placed in this
publication please email Newsletterazparalegalorg
- Front Cover
- Table of Contents
- Board of Directors
- APA Announcements
- APA Member News
- 10 Employer Considerations in Light of Arizonas New Paid Sick Time
- Paralegals strike out on firing claims
- Wearable technology Counting the steps to a defense verdict
- August Webinar
- To Lay or Lie
- Sticky Business Etiquette Questions amp Answers
- September Webinar
- Tucson Paralegal Associations 38th Annual Seminar
- The Verdict
- The Brief
- NewBytes
- APA Job Bank
- Got CLE
-
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 4
Upcoming APA Board Meetings
Monday August 28 530 pm
Ballard Spahr
1 E Washington St Suite 2300
Phoenix AZ 85004
Anyone is welcome to attend these meetings Wed love to have you
Upcoming CLErsquos and Events
Check out our online events calendar for
CLE Seminars and other events
httpwwwazparalegalorgevents
ARIZONA Paralegal Association Announcements
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 5
Susan Lichtenberger Marisa Kumler
From the Membership Chair
Congratulations to our student members who have graduated this year I will be following up with each of
you to find out where you landed and if the APA can be of assistance in the transition from student to
paralegal extraordinaire Remember we have paralegal mentors ready willing and able to assist you in your
career
First Vice President Teresa Romero and I just returned from the NALA convention in Orlando Florida
We made contact with many wonderful paralegals across the country and came back energized to be a part of
this great career field Associations such as the APA that attended the convention took part in the Affiliates
Showcase Some have been in existence as long as or longer than the APA and some were brand new We
met a small contingent of New York paralegals who were organizing the Greater New York Paralegal
Association It was great to see their dedication to our profession and the eagerness to bring together other
paralegals in their area Teresa and I came back with interesting ideas that the APA can put into action to
better serve our members
As always if you have any questions suggestions or concerns please feel free to contact me
Karen Hall Flaaen
membershipazparalegalorg
Pictured from left K Flaaen and T Romero at the Affiliates Showcase
ARIZONA Paralegal Association Member News
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 6
10 Employer Considerations in Light of
Arizonas New Paid Sick Time
By Steve Biddle and Sarah K Watt
On July 1 2017 all Arizona employees became
eligible to begin accruing ldquoPaid Sick Timerdquo benefits
under the Fair Wages and Healthy Families Act (ldquothe
Actrdquo) For several months following the lawrsquos
enactment on November 8 2016 the Industrial
Commission of Arizona (ldquoICArdquo) the agency charged
with enforcing the Act provided little guidance on
how employers must comply with the new paid sick
time (ldquoPSTrdquo) portions of the law
However over the past few months the ICA has
issued two sets of proposed regulations and created
and regularly updated ldquoFrequently Asked Questionsrdquo
on its website designed to help employers understand
their obligations under the new PST law The
proposed regulations will not be finalized until later
this summer and employers should continue to be
watchful for additional guidance from the ICA In the
meantime because the PST law and implementing
guidance have many nuances this article will
highlight the aspects we most commonly have been
addressing and what companies should consider
doing now
Paid Sick Time ndash General Overview
Beginning on their first day of work all employees
(full-time part-time temporary and on-call) are
entitled to accrue PST at a rate of one hour for every
30 hours actually worked up to an annual cap of 40
hours for ldquolarge employersrdquo (15 or more employees)
or 24 hours for ldquosmall employersrdquo (fewer than 15
employees) unless an employer sets a higher annual
limit
Employees are entitled to use PST in the following
general circumstances (Continued on page 7)
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 7
An employeersquos or family memberrsquos need for
medical care or mental or physical illness injury
or health condition
A public health emergency or
Absence due to domestic violence sexual assault
abuse or stalking
The Act broadly defines ldquofamily memberrdquo to include
the following relationships by blood adoption
marriage or otherwise child parent spouse domestic
partner grandparent grandchild sibling or any other
person whose close affinity is the equivalent of a
family relationship
1 Counting Employees to Determine Employer
Size As noted above the number of employees
determines which annual accrual and use cap applies
A ldquolarge employerrdquo has 15 or more employees
working in Arizona on payroll for some portion of a
day in each of 20 nonconsecutive weeks in the current
or preceding year and a ldquosmall employerrdquo has fewer
than 15 employees working in Arizona
Employers must count all full-time part-time on-call
and temporary workers performing work in Arizona It
should be noted that the ICA previously directed
employers to count all employees regardless of
location to determine employer size This drastic
change of course is a prime example of how fluid the
ICArsquos guidance has been and likely will continue to be
as the realities of implementing the PST law are
realized
2 Year One Prorating Accrual and Use For the
first year of PST the ICA will permit an employer
whose selected ldquoyearrdquo2 ends less than 365 days after
the effective date of July 1 2017 to prorate
employeesrsquo annual PST accrual and usage caps based
on the number of days remaining in the employerrsquos
selected year Prorated accrual and usage caps should
be rounded up to the nearest ldquouserdquo increment
(discussed further below) Thus for a large employer
that uses hourly increments and elects to use a
calendar year (January 1 ndash December 31) employees
need not be given more than 202 hours of PST for
2017
3 PST Use Increments Employers must allow
employees to use accrued PST in the smallest
increment in an employerrsquos payroll system up to one
hour The ICA recently proposed a regulation to
clarify that employers can apply the smallest
increment used to account for absences or other paid
time off and not to the increment used in the
timekeeping system generally
4 Designating Leave as PST Without Employeersquos
Request The ICA has indicated that it will not
pursue enforcement against an employer that
designates an employeersquos time off from work as PST
provided the employer has a good-faith belief the
absence fits within the parameters of PST use If an
employer that has designated leave as PST in good
faith later learns it did so in error the employer should
promptly correct the error
5 PST Use Cannot Count Towards Attendance
Policy Employers may not count an employeersquos use
of PST towards its attendance policy or otherwise as
grounds for taking an adverse employment action
against the employee However an employer may
require employees to comply with established call-in
procedures outlined in a written distributed policy to
provide notice of an unforeseeable need to use PST
provided the employee does not have a reasonable
justification for failing to follow the policy (eg an
emergency)
6 Reporting Requirements ndash Paychecks The law
states employers must include in employeesrsquo regular
paychecks (or in an attachment to the paycheck) (1)
the amount of earned PST available to the employee
(2) the amount of PST taken by the employee to date
in the year and (3) the amount of pay the employee
has received for PST use in the year Recently
however the ICA clarified that an employer that
makes the above information available online (ie via
(10 Employer Considerations hellip Continued from page 6)
(Continued on page 8)
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 8
an email to the employee or through the companyrsquos
intranet) is compliant with the law Further employers
utilizing a general PTO policy are not required to
carve out PST balances for reporting purposes but
rather may report the data from the general PTO
balances
7 Carryover Versus Payout at Year End
Employees must be allowed to carry over up to 40 (or
24 for ldquosmallrdquo employers) hours of accrued unused
PST to the following year However this carried-over
amount will not affect the annual accrual and use caps
as described above Thus a ldquolargerdquo employer need
only allow employees to accrue and use a maximum
of 40 hours of PST per year
However employers have two options to avoid this
carry-over requirement First employers may elect to
pay out accrued unused PST at yearrsquos end but must
make the following yearrsquos PST balance available for
immediate use Second according to a recently
proposed regulation employers that frontload the full
annual allotment of PST at the beginning of a new
year (rather than requiring employees to accrue it
throughout the year) are not required to carry forward
or pay out unused PST
8 Calculating Hourly Rate for PST Payout The
ICA has stated that shift differentials and premiums
such as hazard pay should be included when
determining an employeersquos rate of pay for PST but
overtime holiday pay bonuses incentive pay tips or
gifts do not need to be included The FAQs on the
ICA website also provide direction and examples for
determining the hourly rate for piece-work and
commissioned employees
9 Using a General PTO Policy to Comply with the
PST Law Employers with existing general paid
leave policies (ie PTO) that provide an amount of
paid leave that meets or exceeds the requirements
under the Act and can be used for the same purposes
as provided under the Act are not required to provide
additional PST However there are a number of
reporting and posting requirements specific to PST
As such the practical implication of the new law is
that most employers should update their policies to
account for these potential PST issues
10 Multistate Employers Many employers have
operations in multiple jurisdictions many with
different or conflicting PST laws Accordingly
multistate employers should consider creating a
standalone Arizona PST policy or an addendum for
Arizona employees that explains the parameters of the
Arizona PST law
Conclusion
This article attempts to address the most frequent
questions and concerns we are fielding from
employers large and small However there are many
other issues requirements options and possible
consequences that are best discussed on an
individualized basis As such companies are
encouraged to contact their employment counsel to
discuss their practices to ensure compliance with the
Arizona PST law
(10 Employer Considerations hellip Continued from page 7)
Reprinted with permission of the authors
Steve Biddle and Sarah K Watt of
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 9
1347 N Alma School Road Suite 150
Chandler AZ 85224
Office (602) 347-8503
wwwAZNHFcom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 10
Paralegals strike
out on firing
claims
Law firm employees who shared complaints with
co-workers didnt engage in concerted activity
and werent illegally fired National Labor
Relations Board (NLRB) administrative law
judges (ALJ) decided in two cases on June 30
In an Arizona case McCarthy Law PLC a
paralegal was fired after she commented on a
computer survey that senior officials werenrsquot
sufficiently engaged in law firm management The ALJ found the comment didnrsquot arise out of any
group discussion or employee activity and wasnrsquot protected by the NLRA
In the second case Trey Harlin PC an ALJ acknowledged that the NLRB has found that employee
discussions about sexual harassment can be concerted in nature but she found a Texas legal assistantrsquos
recounting allegedly inappropriate comments to her co-workers wasnrsquot concerted The employee never
asked for help or suggested any group protest action the ALJ found
The two cases illustrated that employees claiming protection under the National Labor Relations Act
show that their discussions about work-related matters were concerted in character and designed to
improve wages or working conditions not merely that they involved two or more employees
To read the complete article Paralegal Legal Assistant Strike Out on Firing Claims by Lawrence
E Dube Bloomberg Law published 732017 visit httpswwwbnacomparalegal-legal-assistant-
n73014461151
The decisions for both cases can be found here
McCarthy Law PLC 2017 BL 227283 NLRB ALJ Case 28-CA-175313 63017
httpwwwbloomberglawcompublicdocumentNLRB_ALJ_Decision_McCarthy_Law_PLC_No_C
A175313_2017_BL_227283doc_id=XJSTNHPC
Trey Harlin PC 2017 BL 327284 NLRB ALJ Case 16-CA-171972 63017)
httpwwwbloomberglawcompublicdocumentNLRB_ALJ_Decision_Trey_Harlin_PC_No_CA171
972_2017_BL_227284doc_id=XJSTNHHC
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 11
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 12
What do a rape claim in Pennsylvania a car accident
in Canada and an arson case in Ohio have in
common In each one ldquowearable technologyrdquo was
used as key evidence to prove or disprove the claim
Wearable technology encompasses devices people
wear which contain smart sensors and wirelessly
connect to smartphones through a web or Bluetooth
connection Certain types of wearable technology can
track a userrsquos activity and store the information for an
unlimited amount of time In civil and criminal
litigation fitness trackers and smart watches are
emerging as a potential source of information which
could provide valuable data for the prosecution or
defense of a lawsuit
Criminal case in Pennsylvania
For example when the police in Pennsylvania were
investigating a claim of rape they pulled the data
from the victimrsquos fitness tracker a Fitbit to
substantiate her story The victim claimed she was
sleeping in her home when an intruder entered her
bedroom and raped her However the Fitbit data
showed that the victim took approximately 1000 steps
after the time she claimed to have gone to bed and
prior to calling 911 The investigating officers
believed that the ldquovictimrdquo staged the crime scene
during those extra steps After completing their
investigation the police charged the supposed victim
with tampering with evidence and filing a false report
Personal injury in Canada
When a personal trainer suffered injuries in an
accident fitness trackers were not widespread Four
years after the accident the personal trainerrsquos lawyers
outfitted her with a Fitbit Force to show the plaintiffrsquos
current level of activity The lawyers gave the data to
Vivametric an analytics company and that data was
compared with the activity of the general population
as determined by ldquoindustry and public researchrdquo
Vivametric takes a single personrsquos data compares it to
Fitbitrsquos databank of collected and stored data from
other wearers and determines whether that person falls
above or below the average In this case the lawyers
are hoping the data will support their claim that the
trainerrsquos activity was below average
Property claim in Ohio
In the arson case the claimant told investigators that
when he saw the fire engulfing his home he packed
some belongings in a suitcase broke a window with (Continued on page 13)
Wearable technology
Counting the steps to a defense verdict By Nanci R Schanerman
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 13
his cane and threw items through the window before
carrying them to his car The claimant also told police
that he had a cardiac pacemaker The police were
suspicious of the firersquos origin They retrieved the
claimantrsquos pacemaker data through a search warrant
The data included the claimantrsquos heart rate pace
demand and cardiac rhythms before during and after
the fire A cardiologist determined that it was highly
improbable due to his medical conditions that the
claimant could do all the collecting packing and
removal of items from his house and then carry them
in the short period of time he indicated In addition
gasoline was found on the claimantrsquos clothing and the
fire started in multiple places The investigators stated
the medical data represented some of the ldquokey pieces
of evidencerdquo in the case
How can litigators use wearable technology in
their every day personal injury cases
The first step as with collecting any evidence in
litigation is to engage in discovery Under Florida
law and similarly in other jurisdictions the rules of
civil procedure state that a party can obtain discovery
regarding any matter ldquothat is relevant to the subject
matter of the pending actionrdquo If a party is claiming
they are injured and are no longer as active as they
used to be the data contained on any fitness or
activity tracking device is obviously relevant The
challenge in discovery will be to limit the scope of the
request to avoid the dreaded ldquofishing expeditionrdquo The
typical objections that could arise when requesting
fitness data are that it is burdensome to produce the
data is protected by a right to privacy and the request
is not limited in time or scope
Overcoming objections
It is easy to overcome these objections for the most
part To overcome a burdensome objection the
requestor can provide a protocol for easy download of
the information For example I created a protocol to
download Applersquos fitness data collected by any
iPhone (Yes iPhones are included as wearable
technology and automatically track a userrsquos activity)
or Apple Watch The protocol outlines step by step
how to extract the raw data and takes less than five
minutes
Until there is well established law regarding the
discovery of fitness tracking data the biggest
roadblock to discovery will most likely be objections
based on a userrsquos right to privacy One way to
potentially overcome this objection is to determine
whether the user shares the information with third
parties Most wearable technology contains a social
aspect where a user shares their data with friends or a
team much like social media Therefore law on
discovery of social media information will be
analogous to the collection of fitness tracking data In
Florida the Fourth District Court of Appeal in the
landmark case of Nucci v Target held that
ldquophotographs posted on a social networking site are
neither privileged nor protected by any right of
privacy regardless of any privacy settings that the
user may have establishedBy creating a Facebook
account a user acknowledges that her personal
information would be shared with othersrdquo Similarly
by opting to share fitness data with friends a user
acknowledges that his or her personal information
will be shared with others A second way to
potentially overcome a privacy objection is by
analogizing the fitness data with medical data
contained in medical records A plaintiffrsquos medical
records have long been considered discoverable to
prove a plaintiffrsquos injuries
Admissibility
After discovery of the data the next step is to lay the
foundation for admissibility at trial The foreseeable
challenges to admissibility are most likely going to be
the authentication of the data and the accuracy of the
data There are several ways to authenticate the data
such as questioning the user identifying data unique
to the use of the device like references to a particular
fitness goal or hiring a computer forensic expert
Proving the accuracy of the data will be a bigger
problem For example Apple admits that its heart rate
data is flawed If anything is blocking the LED lights
on the back of the watch which measure the heart rate
such as tattoos or irregular skin perfusion the heart
rate reading will not be accurate Similarly Apple
states on its website that water immersion while
swimming could interfere with accurate heart rate
data Furthermore irregular movements can confuse
(Wearable Technology hellip Continued from page 12)
(Continued on page 14)
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 14
any device Fitbit has also had the accuracy of its heart
rate data questioned in a class action filed in 2016
currently pending in Northern District of California In
the suit consumers from California Colorado and
Wisconsin allege that the heart rate tracking in the
Charge HR and the Surge two products that came to
market in 2015 is inaccurate by a significant
margin especially during periods of intense exercise
Overcoming challenges to accuracy of the data will
surely interfere with its admissibility but it would still
certainly be worth trying to admit overall trends in the
data instead of an exact number of steps walked in a
day or beats per minute of a personrsquos heart
With all of this in mind the challenge will be to find a
plaintiff pursuing a claim who utilizes a fitness
tracker This may become less of a challenge in the
next few years as experts predict fitness trackers and
smart watches will increase in the market by 195
million units by 2020 Furthermore employers and
insurance companies are outfitting people with
wearable technology to reduce risks and work place
injuries Several health insurance companies are
offering discounts to people who utilize this
technology and submit it to show a healthy and active
lifestyle
Wearable technology is constantly evolving and
getting better with each generation It will be
interesting to see what happens when the law catches
up and whether this data will become a regular part of
personal injury litigation much like social media
discovery
Reprinted with permission of the author
Nanci R Schanerman of
(Wearable Technology hellip Continued from page 13)
Mike McCrary Discovery Consultant
mmccraryfronteocom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 15
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 16
Join us on WEDNESDAY August 9 2017 at 1200 PM for this one-hour CLE webinar by Dr Arthur Eckstat ldquoWill That Product Liability Personal Injury Claim Prevailrdquo
What yoursquoll learn
Whether you are the team pursuing a product liability personal injury claim or defending against one the
criteria for prevailing is much the same Yoursquoll learn the criteria for a valid product liability claim and further
examine red flags that can affect your ability to prevail and suggestions on how to manage them
Criteria and Red Flags discussed include but not limited to
This webinar qualifies for 1 hour of CLE credit
Cost $25 for APA members $30 non-members
LAST DAY TO REGISTER FRIDAY AUGUST 4 500 PM
Identifying party(s) responsible Evidence collecting and protecting
How and why did the injury occur Expert witnesses ndash need types roles
What really happened despite story Interrogatories ndash Use and abuse
Likelihood of substantiating negligence Costs of pursuing or defending a claim
Strict Liability criteria for prevailing Contingency fee considerations
Identifying designmanufacturing defect
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 17
Our Speaker
Dr Arthur Eckstat
Engineering Consultant and Expert Witness
Dr Arthur Eckstat has served as an Engineering Consultant amp Expert Witness for over 15 years specializing
in Products Liability Personal Injury matters including wrongful death Art is often approached by plaintiff
attorneys to support what would be an unwinnable claim He created Lawsuit Consultant
(wwwlawsuitsconsultantcom) to help Products Liability Plaintiff Attorneys learn how to choose craft and
conduct winning cases while identifying and avoiding losing or under-performing cases That service
expanded to helping Defense Attorneys and insurance companies learn how to determine the validity of injury
claims Regardless of which side of an injury claim yoursquore representing two primary questions are ldquoHow was
the claimant injuredrdquo and ldquoWhy was the claimant injuredrdquo
Art possesses a Mechanical Engineering degree and an earned Doctorate He took early retirement from the
corporate worlds of Automotive and Aerospace engineering where he received international recognition and
accolades from both internal and external customers for his unique ability to see and explain what others have
missed He has successfully bridged the breach between Academic and Practitioner Art was honored as a
Contributor to Aviation History by Donald Engen Director of the Smithsonian National Air and Space
Museum in a ceremony held at the museum in Washington DC
DEADLINE TO REGISTER August 4 at 500 pm
Premier Designs Jewelry
Kathy Hanchette
Beyond Diva Jewelry
602-264-2230
wwwArizonaCourtReporterscom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 18
A degree above all others
12th Street and Missouri
Phoenix AZ 85014
(602) 212-1445
mbatranscriptazcoxnet
Serving local and national clientele with their
legal and general transcription needs
including civil criminal personal injury
family law as well as assisting in other areas
of law
INTEGRATED MEDICAL EVALUATIONS INC
401 W Baseline Rd Suite 206
Tempe AZ 85283
6023650132
wwwimewestcom
I avoid looking I avoid looking I avoid looking
forward or forward or forward or
backward and backward and backward and
try to keep try to keep try to keep
looking upward looking upward looking upward Charlotte BronteCharlotte BronteCharlotte Bronte
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 19
Many have a problem with lie or lay How do you know when to use which one
Lay (lay laid laying) means ldquoto putrdquo or ldquoto placerdquo Because itrsquos a verb (action word) it requires an object to
complete the meaning
Please lay the groceries on the counter
She laid her resignation letter on the bossrsquos desk
He is always laying his schoolbooks on the kitchen table
Lie (lie lay lain lying) means ldquoto recline rest or stayrdquo or ldquoto take a position of restrdquo Unlike lay which re-
quires it lie cannot take an object
She said she was going to lie on the bed to test the mattress
The pleading was lying on his desk for him to sign
A way to remember the difference is that if you can replace the questionable lie or lay with place (or the correct
version of it) then you need to use the correct version of lay If it doesnrsquot use the correct version of lie
She wanted to (lay or lie) down for a nap Would you say ldquoShe wanted to place down for a naprdquo No So
the proper word would be lie
He (laid or lay) the coffee on his secretaryrsquos desk Is it ldquoHe placed the coffee on his secretaryrsquos deskrdquo Yes
Then laid is correct
Another reminder hint might be if you are going to plAce something then you are going to lAy it but if you
are going to rEst you are going to liE
Thanks to Kathy Sieckman PP PLS-SC ACP of wwwProofthatblogcom for the above
To Lay
or Lie
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 20
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 21
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 22
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 23
Occasionally we all come across
situations in which we wonder
Would Miss Manners approve But
in the digital age of social
networking the etiquette lines can
become even blurrier Following are
some common sticky business
etiquette questions and tips to help
tackle them
Social Media
Should I personalize my LinkedIn requests to
connect with others
Its perfectly fine to use the form letter and in fact
most people do it for convenience even when
connecting with close contacts But if you wish to
connect to someone you havent seen in a while take
the time to personalize the message and explain how
youve met
How do I keep my manager from getting wind of
my job search using LinkedIn
If you consistently have a voice share opinions and
articles and tend to your audience and your network
as a daily routine mdash and not just when youre looking
for work mdash then when its time to find that next career
opportunity none of your activity will look out of the
ordinary But its not smart to immediately update your
LinkedIn profile by adding a large number of new
contacts fleshing out your profile and soliciting
recommendations Adjust your settings so you dont
broadcast activity youre not willing to share Pay
particular attention to the Opportunity Preferences
section under Contact Settings If you say you are
interested in career opportunities you could be
sending a red flag to your manager You can gain
exposure among your peers by joining groups related
to your professional field Many recruiters are
members and scan the roster for potential hires
Contribute to the discussion and establish yourself as a
subject matter expert to catch their interest
Should I friend my boss or coworkers
This is the $64000 question and the feelings of those
on the receiving end may provide the answer (See
Thinking About Friending Your Boss on
Facebook on Page 10 of Business Etiquette The
New Rules in a Digital Age) If you do connect utilize
privacy settings and different friend lists to control
how mdash and with whom mdash you share content Be
sensitive to your professional environment some
industries or companies are much more engaged in
digital networking than others If youre starting a new
job take your cue from others before sending out
friend requests to your new colleagues
Can Facebook postings hurt my job search
A good rule of thumb is to always post prudently If
you dont want your employer to see it get rid of it A
recent survey by our firm revealed that 44 percent of
executives review the Facebook presence of potential
hires Even if your account is just for fun keep it in
check To put your Facebook on a privacy lockdown
click on the drop-down Account menu in the top
right corner and select Privacy Settings Keep in
mind that Facebook may change its privacy features at
(Continued on page 24)
Sticky Business Etiquette Questions amp Answers
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 24
any time and you might not be aware of the changes
when they occur Always assume that anything you
post online may become public
Should I use Facebook at work
Maybe if its for work-related purposes and not just
keeping your friends updated on your weekend
activities Then again maybe not Thirty-eight percent
of chief information officers interviewed by Robert
Half have implemented stricter social networking
policies as these tools have become more prevalent in
the workplace If youre not sure what rules your firm
has in place check with your manager or human
resources representative Your best bet is your own
good judgment Just as you would expect to restrict
personal phone calls or conversation at work you
should limit personal use of social networking
platforms too
Whats the right way to decline a request to
connect with someone
While an automated No thank you could make our
lives easier no response at all might be your best bet
Dont feel pressured to connect with someone you
would rather not form a relationship with and dont
feel the need to explain your decision If you expect
you might run into the individual in person be
prepared in case you are confronted about it Simply
click Ignore especially if the person is a stranger
If someone follows me on Twitter should I
automatically follow him or her back
No because you may end up unfollowing the person
later Before following people check out their feed
bio and previous tweets to get a sense of them or their
organization and determine if youll be interested in
seeing the kind of content they share Although its
considered good etiquette to follow someone back
dont do it indiscriminately Its your feed and you
want to make it valuable to you
Emails and Conference Calls
Uh oh I sent a confidential email to the wrong
person What do I do now
Its not a lost cause and there are a few steps you can
take First try to use the recall function of your email
program But keep in mind that not all applications
offer this option and various factors can affect how
successful it is If this step doesnt solve the problem
you need to limit the impact of your mistake Contact
those who are affected the recipient and possibly the
person to whom you intended to send the message
Explain your error and if you need their help
correcting it You also may need to inform your
manager of the mistake
How responsive should I be to e-mail when Im on
vacation
It depends on whether you want to have a real
vacation If your Out of Office says youre not
checking e-mail on vacation dont check and respond
to messages Doing so changes expectations and
implies youre more accessible than you said youd be
Instead be considerate to others needs while you are
out and list a back-up contact in your Out of Office
auto response
I forgot to attach a file before sending an emailhellip
again How can I avoid this in the future
Slow down Everyone forgets to attach a file from
time to time because theyre in a rush But repeatedly
making this mistake can cause your colleagues to
question your attention to detail Going forward try
attaching your file before you compose your message
This way you can be sure it makes it to the recipient
Just make sure you attach the right file
How can I prevent my colleagues from scheduling
conference calls over lunch
Everyone should have a chance to eat lunch Often
people simply look for an open spot on others
calendars when scheduling a meeting So you might
consider blocking out your lunch hour to ensure you
have time to grab a bite to eat Although it may be
unavoidable to meet during this time on occasion you
might find that this simple step helps you out
Thanks to Robert Half for this information To learn more about
Robert Half visit wwwroberthalfcom
(Sticky Business hellip Continued from page 23)
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 25
3150 N 24th Street
Suite D-104
Phoenix AZ 85016
6022569700
The Nationwide Legal LLC team provides a
broad spectrum of comprehensive legal support
services at an unparalleled level of quality NWL
utilizes state-of-the-art technology to deliver
practical and cost-effective solutions for all of
your legal support service needs wwwNationwideASAPcom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 26
BILLING
BLUNDERS AND
FEE AGREEMENT
ESSENTIALS Speaker
Lynda C Shely
Esq
Ethics Lawyer
Speaker
Consultant
APA WEBINAR
Wednesday September 13 2017
1200-100 pm
COST APA Members $25 (or use your free 2017 webinar coupon) All others $30
This webinar qualifies for 1 hour Ethics CLE credit
Lynda C Shely of The Shely Firm PC Scottsdale Arizona provides ethics advice to over 1500 law firms in Arizona and the
District of Columbia on a variety of topics including conflicts of interest fees and billing trust account procedures lawyer
transitions multi-jurisdictional practice ancillary businesses and ethics requirements for law firm advertisingmarketing She also
assists lawyers in responding to initial Bar charges performs law office risk management reviews and trains law firm staff in
ethics requirements Lynda serves as an expert witness and frequently presents continuing legal education programs around the
country Prior to opening her own firm she was the Director of Lawyer Ethics for the State Bar of Arizona Prior to moving to
Arizona Prior to moving to Arizona Lynda was an intellectual propertyantitrust associate with Morgan Lewis amp Bockius in
Washington DC Lynda received her BA from Franklin amp Marshall College in Lancaster PA and her JD from Catholic
University in Washington DC
Lynda was the 2015-2016 President of the Association of Professional Responsibility Lawyers She serves on several State Bar of
Arizona Committees and as a liaison to the ABA Standing Committee on Ethics and Professional Responsibility She is an
Arizona Delegate in the ABA House of Delegates Lynda has received several awards for her contributions to the legal profession
including the 2007 State Bar of Arizona Member of the Year award the Scottsdale Bar Associationrsquos 2010 Award of Excellence
and the 2015 AWLA Maricopa Chapter Ruth V McGregor award She is a prior chair of the ABA Standing Committee on
Client Protection and a past member of the ABArsquos Professionalism Committee and Center for Professional Responsibility
Conference Planning Committee Lynda was the 2008-2009 President of the Scottsdale Bar Association She has been an adjunct
professor at all three Arizona law schools teaching professional responsibility
LAST DAY TO REGISTER FRIDAY September 8 2017 at 500 PM
Click Here to Register httpazparalegalorgevent-2588123
Ethical and practical considerations for all firms ndash even those that think they do not need to
track hourly time Lynda will review what clauses are mandatory for all fee agreements in Ar-
izona as well as clauses that will help with client communications and expectations Billing
tips will go over the five things to never do in a time entry why block billing is prohibited in
Arizona how to get paid faster and common mistakes made in client invoices
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 27
WOOLSTON amp TARTER PC AUDIT DEFENSE amp TAX LITIGATION
Congratulations to the Arizona
Paralegal Association on 40
successful years of promoting the
paralegal profession
In just about every area of society therersquos nothing more important than ethics
Henry Paulson
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 28
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 29
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 30
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 31
Jason Bagley
Senior Territory Manager
(602) 559-4587
jasonbagleylexisnexiscom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 32
GENDER EQUALITY
The process of voir dire sometimes includes
subtle and not-so-subtle attempts at gender
stacking of jurors to prevent or create bias
toward a plaintiff Other demographic factors
may be more influential but gender is still
important though not necessarily in the way
one would suspect
The accompanying chart based on California New York and Texas cases reported to VerdictSearch depicts
plaintiffsrsquo winning percentages according to the plaintiffrsquos gender and the juryrsquos composition Bias is evident
but it is not dependent on the plaintiffrsquos gender
Any plaintiffrsquos winning percentage is substantially greater when his or her case is heard by a female-
dominated jury rather than a male-dominated jury or a gender-neutral jury The takeaway All other factors
being equal plaintiffs are best served by female jurors The equation flips when it comes to awarding
damages but thatrsquos a topic for another study
Thank you to Verdict Search for this analysis To learn more about VerdictSearch visit
wwwVerdictSearchcom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 33
Vol 13 No 8 August 2017
Fees Increase in One Week
Most filing and service fees will increase on Wednesday August 9 2017 Documents submitted for filing that are received by the Clerks office (file counter by mail or through a filing depository box) on or before August 8 will be subject to the current fees Documents received for filing on and after August 9 will be subject to the new fees Fees are posted on the Clerkrsquos website at httpwwwclerkofcourtmaricopagovfeesasp
Appeal and Cost Bond Info Online
Court rules statutes court orders or other authorities may require posting appeal or cost bonds with the Clerks Office Depending on the type of issue the parties the complexity of the case and other factors years can pass between the bond posting date and resolution of related issues During that time parties attorneys and the courts may overlook issuing a court order releasing the money The Clerks Office holds the funds until a court order directs the Clerk specifically what to do with those funds The Clerkrsquos Office has now posted lists online of bonds posted with the Clerks Office where the need for the bond may have ended and no court order was filed allowing the Clerk to return the money If you or your clients posted an appeal or cost bond in any case it is worth checking if funds are still on hold
Customers can search the online lists by party name or case number A party or their attorney must file a petition with the court requesting an order be issued directing the Clerk to release these funds The Clerks Office will only release money by court order and only as specifically directed in the order For more information about the deposit or release of these funds including specific information the Clerkrsquos Office needs before releasing money see the Clerkrsquos website at httpwwwclerkofcourtmaricopagovrelease_bondsasp The Clerks Office will only assist parties to a case or their attorneys Third-party vendors personal representatives and other non-parties must be named in a court order to obtain detailed information or to receive a payment check
Law Library Resource Center Filings Grow by Leaps and Bounds
Last year the Superior Court in Maricopa County renamed relocated and expanded its self-service center into the Law Library Resource Center (LLRC) The Clerkrsquos Office staffs a filing counter within the downtown Phoenix LLRC to allow customers a one-stop-shop for research drafting and filing court documents Filings within the LLRC have gone up every month since its establishment In January 2017 the file counter handled 406 transactions and nearly doubled that volume by the end of March 2017 with 802 transactions In June the file counter processed more than 1000 transactions Clerk staff at this window can process fee deferral applications adding to customersrsquo onsite convenience For more information about the LLRCrsquos services locations and other details see the Superior Courtrsquos website at httpswwwsuperiorcourtmaricopagovSuperiorCourtLawLibraryResourceCenter
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 34
THANK YOU
Our Charity Raffle Prize Drawing for this beautiful quilt donated by the Emmanuel Lutheran Quilters of Prescott Valley Arizona raised $350
All proceeds have been provided to Feed Hungry Children Program in Prescott Valley Arizona
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 35
Paralegal robot reviews patent documents There is a new software RoboReview that helps patent
lawyers draft applications that are more likely to pass muster with the USPTO It automates paralegal
work bringing more rigor to the task of researching prior art and potentially saving thousands of dollars
on a filing Typically this review is done by humans doing multiple searches To read more visit the
ABA Journal httpwwwabajournalcomnewsarticlepatent_document_robot_legal_review
Paralegal cries after being charged with stealing $12 million from law firm The paralegal was an
office manager for a law firm in downtown Toledo where prosecutors allege she embezzles money from
the firm and from the trust account of a disabled client between 2008 and September 2015 The suit
claims that the paralegal forged signatures and falsified bookkeeping software and other records to steal
from the firm The paralegal cried throughout the bond hearing She has been fired To read more about
this case visit httpwwwtoledobladecomCourts20170712Bond-set-at-100K-for-office-manager-
charged-with-embezzling-1-2Mhtml
Paralegal re-appointed to Florida Bar Section Priscilla Horn Warren a nationally and Florida
certified paralegal will continue to serve on the States Solo and Small Firm Section as their paralegal
representative for 2017-2018 term Warren has continuously served as paralegal liaison with the section
since 1995
Law Firm not liable for paralegal mistake on $15 bn loan A New York Judge found that the firm did
not owe a duty of case to third parties The paralegal had accidentally cancelled the security interest of a
$15 billion loan to General Motors The firm did not represent the lenders and as such did not owe a duty
to third parties JP Morgan Chase acted as lenders and its lawyers also missed the mistake The mistake
was only noticed when GM filed for bankruptcy protection in 2009 To read more visit
httpwwwgloballegalpostcombig-storiesmayer-brown-not-liable-for-paralegal-mistake-on-$15-bn-
loan-73921531
Lawyer and paralegal arrested after being found with meth pipes and other drug paraphernalia
The attorney claimed that the equipment didnt belong to him (my paralegal did it defense) To read
more visit httpwwwarkansasmatterscomnewslocal-newsconway-lawyer-and-paralegal-arrested-on-
drug-possession769588833
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 36
DIAMOND SPONSORS
National Health Finance
ABI Document Support Services
RUBY SPONSORS
Nationwide Legal Inc
Vocational Diagnostics Inc
EMERALD SPONSORS
MBA Legal Transcription
First Legal Network
LexisNexis
Coash amp Coash
Robert E ldquoBobrdquo Underdown The Insurance Archaeologist
Jones Skelton amp Hochuli
THANK YOU TO OUR SPONSORS AT OUR ANNUAL LEGAL CONFERENCE AND 40TH ANNIVERSARY CELEBRATION
Thank you to the individuals and businesses that support the Arizona Paralegal
Association in our efforts to promote and educate the paralegal community by
becoming Legal Seminar Sponsors The assistance of our sponsors has been vital in
bringing educational programs to paralegals across Arizona This Legal Seminar would
not be possible without the help of the sponsors and we hope you will join us in
PEARL SPONSORS
Compex Legal Services Inc
Kathy Hanchette Premier Designs
Robson Forensic
Parasec
Iron Mountain
Litigation Services
Fronteo
The Morton Group
Integrated Medical Evaluations Inc
Elite Medical Experts
Lynn Tofaute Yanbal Jewelry
Griffin amp Associates
Discovia
Woolston amp Tarter PC
Ottmar amp Associates
Ballard Spahr LLP
DTI Global
Thank you to these Northern Arizona sponsors who have generously donated
prizes for the Arizona Paralegal Association drawing
Murphyrsquos Restaurant Prescott Arizona
Susanne Chacon Scentsy 9287108777
Yavapai Title 9284452528
Mangum Pearce Court Reporting 9284451909
Prescott Law group PLC 9284451909
Emmanuel Lutheran Quilters Prescott Valley
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 37
Congratulations to the Arizona Paralegal Association on 40 years
1 East Washington St Suite 2300
Phoenix AZ 85004
602798-5400
wwwballardspahrcom
6024851488
wwwOtmarAssoccom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 38
APA MEMBER JOB BANK
DONrsquoT FORGET TO CHECK OUR ONLINE
JOB BANK FOR UP-TO-DATE JOB LISTINGS
at httpwwwazparalegalorgjobbank
[In order to view the online Job Bank you must login
to our new website (using your email and password)
If you experience any difficulty logging in please
contact membershipazparalegalorg for assistance]
PARALEGAL - BANKRUPTCY LITIGATION
Position Overview
Under the supervision of one or more lawyer(s) the
Paralegal assists in the delivery of quality efficient
and accessible legal services in the bankruptcy real
estate corporate andor commercial litigation practice
groups
Responsibilities
Draft routine pleadings statements affidavits
andor other legal documentation as appropriate at
the specific direction of attorneys
Prepare initial drafts of legal documents for
bankruptcy proceedings including case captions
and simple pleadings such as claim forms requests
for notice or judicial notice etc
Arrange Court Call appearances communicates
and cooperates with Court clerks on filings and
appearance requirements and interacts with Court
personnel as necessary to serve client needs
Prepare initial drafts of fee applications when
representing estate professionals and oversecured
creditors in bankruptcy cases and in connection
with fee awards in other litigation contexts
including exhibits and declarations in support
Compile documents in connection with appeals
including designations and indexes of the record
district court elections and requests for transcripts
Draft notices of appearance substitutions of
counsel documents pro hac vice applications and
corporate ownership statements
Assist with discovery-related filings including
Bankruptcy Rule 2004 examination applications
notices and orders subpoenas and notice of
servicecompliance
Manage non-judicial trustees sale process
including security instrument review public
record filing review notice drafting service
completion bid compilation sale procedures
communications with interested parties deed upon
sale drafting and all necessary public recording
and filing
Perform ECF filings and review local rules for
pleading forms notice and service requirements
Fulfill duties to deliver court copies courtesy
copies lodged order uploads in pdf or Word and
complies with all local rule requirements
Organize index and track large numbers of
documents including development of information
(Continued on page 39)
DO YOU KNOW OF A PARALEGAL POSITION AT YOUR PLACE OF EMPLOYMENT
If so advise your employer that the APA offers ad space for paralegal jobs to employers free of charge To place a job bank ad or for information on a job send an e-mail to Betsy Wolf at jobbankazparalegalorg
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 39
APA MEMBER JOB BANK
retrieval systems performs all case management
functions
Perform calendaring or docketing of information
as needed
Research and obtain information from various
courts administrative bodies public information
sources etc
Performs electronic research using PACER court
websites Westlaw and Lexis in addition to
Shepardizing and Bluebooking citations
Coordinate efforts with trials and hearings such as
taking notes handling exhibits organizing and
gathering factual information etc
Attend trials or client meetings as needed inside
and outside the office that require face-to-face
contact
Coordinate vendors in conjunction with a project
such as court reporters process servers copy
vendors etc
Track time in DTE and assures that services
provided are properly charged to the client
Track expenses for travel client meetings and
court appearances
Essential Job SpecificationsQualifications
Familiarity with pleading notice and service rules
triggered in Chapter 7 and 11 Bankruptcy Courts
Familiarity with Uniform Commercial Code
enforcement process and procedures
Familiarity with basic corporate formation
practices and procedures
Ability to perform ECF filings
Excellent computer skills including Word Excel
PowerPoint and database applications
Ability to deal professionally with all levels of
clients both internally and externally
Proven ability to solve problems work
independently and tackle projects with minimal
supervision
Ability to be flexible meet deadlines handle
pressure and adapt to changing work priorities
work flow and work assignments
Ability to effectively and respectfully
communicate verbally and in writing with other
staff lawyers management and clients
Ability to organize a large amount of data and files
into an efficient system (both electronic and
hardcopy) for easy filing and retrieval
Ability to maintain confidences as well as build
confidences and trust
Ability to pay close attention to detail
Ability to work overtime up to 10 or more hours
per week
Ability to work off-site at client location(s) for
extended periods of time
Requires the ability to regularly report to work on
the days and times scheduled or alternatively to
work flex hours depending on lawyer and client
needs
Physical Demands
Ability to work in a typical office environment and
lift up to 25 lbs NOTE Reasonable
accommodations may be made to enable
individuals with disabilities to perform the
essential functions
Travel
Ability to travel locally
EducationExperienceCertifications
Bachelors Degree andor Paralegal Certificate
Minimum of two years experience with
bankruptcy and litigation practice(s) at a law firm
Disclaimer
The above statements are intended to describe the
general nature and level of work being performed by
the incumbent in the position They are not intended
to be an exhaustive list of all responsibilities duties
and skills of the employee Duties and responsibilities
may change at any time with or without notice
(Job Bank hellip Continued from page 38)
(Continued on page 40)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 40
How to Apply Please send resume to
lisaspannbryancavecom
Equal Opportunity Employer
LITIGATION PARALEGAL - INSURANCE
DEFENSE
Jones Skelton amp Hochuli is seeking an ambitious
paralegal with 5+ years of experience in general civil
litigation and experience in State and Federal courts
The ideal candidate will have a stable work history
and exceptional communication and organizational
skills We offer a competitive salary and benefits
package and a team-oriented working environment
Please email your resume to Recruitingjshfirmcom
AAEOE
EXPERIENCED LITIGATION PARALEGAL
Dickinson Wright PLLC (Phoenix office) is in need of
a litigation paralegal
Requires a minimum of three yearsrsquo recent experience
in Arizona law
Job Description
Organize and synthesize information through the
preparation of summaries chronologies reports
spreadsheets
Draft and review routine legal documents (eg
privilege logs exhibit lists discovery disclosures
etc)
Assist attorneys on cases by providing
computerized support to help them plan organize
research analyze argue and present their cases in
a more cost and time efficient manner
Provide the day-to-day support of data
management
Assist attorney in trial preparation and set-up of
electronic equipment in the courtroom provides
court assistance as required
Assist with managing cases projects on various
levels and at various stages of the litigation
process
Candidates must have excellent communication skills
for contacting clients experts and other outside
parties have knowledge of state and federal court
rules procedures and e-filing requirements drafting
be self-motivated a team player proficient in MW
Word Outlook 2010 and a working knowledge of
document management systems Relativity and Trial
Director experience is a must
EducationalExperience requirements
Paralegal certificate from ABA school or
certification
We offer a competitive salary and benefits package
and an outstanding work environment All candidates
must submit a cover letter resume and salary history
Please email resumes to
LMandellDickinsonwrightcom
EXPERIENCED FAMILY LAW PARALEGAL
Cantor Law Group an AV-rated six-attorney family
law firm located in downtown Phoenix seeks a sharp
paralegal with at least two years of recent Arizona
family law experience In this position you will work
closely with an associate attorney to manage a case
load of 40+ cases covering a wide range of domestic
relations issues Experience with high-asset andor
DCS cases is a plus Must be a strong writer able to
draft pleadings and correspondence Exceptional
people skills are needed as there is a great deal of
client contact
An attractive compensation and benefits package is
available for the right candidate In addition to a
competitive salary and bonus opportunities we offer
an outstanding benefits package including ten paid
(Job Bank hellip Continued from page 39)
(Continued on page 41)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 41
holidays per year ten days paid vacation days yearly
five days personal paid time off yearly as well as the
availability of medical dental vision and life
insurance A 401K with a very generous employer
match is offered after one year
Requirements
2 years recent Arizona family law experience
Proactive able to handle and direct caseload with
minimal supervision
Attention to detail and excellent follow-up
Excellent analytical capabilities amp writing skills
able to draft substantive motions for attorney
review
Work well as a member of a fast-paced team
Professional appearance demeanor and attitude
Great client relations skills
Excellent computer skills including proficiency in
MS Word and other MS Office applications
Paralegal certification preferred (not required)
Knowledge of Time Matters or other case
management software a plus
Please send resumes to hrdmcantorcom
EXPERIENCED CRIMINAL DEFENSE
PARALEGAL
The Law Offices of David Michael Cantor an AV
rated criminal defense firm in Downtown Phoenix is
seeking an experienced paralegal with felony amp
misdemeanor experience to work closely with our
attorneys Our practice includes the full spectrum of
criminal charges and you will have the opportunity to
work on cases involving drug charges violent crime
sex offenses white collar crime property crime and
DUIs
The job
Proactively manage a substantial caseload without
direct supervision
Prepare and file pleadings according to attorney
instructions
Prepare trial notebooks and handle all trial prep
work
Create high quality correspondence and other
documents with little to no supervision
Maintain professional relationships with law
enforcement and prosecutors
Provide excellent customer service for our clients
Support 1-2 attorneys
We offer
Competitive compensation
Outstanding benefits including medical dental
vision lifeADampD coverage
401K with generous employer match
Paid vacation and sick time
Ten paid holidays per year
You
2+ years of private Arizona defense experience
handling both misdemeanor and felony charges
Familiar with Arizona courts and MVD
Proactive ndash needs little supervision
Great follow-up skills and attention to detail
Excellent writing skills
Professional appearance and behavior
MS Word and other MS Office applications
Keyboard speed 50+ wpm
Reliable
Enjoy being a member of a friendly team of
professionals
Experience with Abacus or other case
management software desirable
Please send resumes to hrdmcantorcom
PARALEGAL
Sentry Insurance is looking for a Paralegal to provide
litigation and administrative support to our Staff
(Job Bank hellip Continued from page 40)
(Continued on page 42)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 42
Counsel operation If you are looking for a career
with great potential choose the company with the
strength and stability to offer it all
What Yoursquoll Do
As the Paralegal yoursquoll assist the attorney staff by
performing legal activities which do not require
attorney signature client advise or appearances in
court In addition yoursquoll
Assist in the preparation of responses to discovery
under direct supervision of an attorney
Perform factual investigations and document
searches
Obtain investigative materials and policy
information
Contact insureds and other witnesses to obtain
factual statements
Coordinate scheduling of litigation activities and
witness appearances
What it Takes
Associate Degree or equivalent work experience
2-5 years of related work experience at least one
year in litigation practice
American Bar Association-Certified Paralegal
Training
Advanced knowledge of case management and
knowledge of and ability to perform legal
research
Experience with resources such as Westlaw and
Lexis
Strong analytical ability and knowledge of
litigation processes
Strong organizational and communication skills
Ability to maintain confidentiality
Strong working knowledge of the Internet
PowerPoint Excel and Word and familiarity with
legal case management software (ProLaw Clio
etc)
Ability to work independently and in multi-
jurisdictional venues
Must be able to meet travel requirements of the
job
What Yoursquoll Receive
We offer an outstanding array of benefits for our
associates including
Competitive Compensation
Group Medical Dental Vision and Life benefits
Generous Paid-Time Off - including Company
Holidays
401k plan with a dollar-for-dollar match on your
first six percent ndash immediate vesting
Access to more than 100 certification designation
and licensing courses
Career advancement opportunities
Why Sentry Insurance
Sentry employees have been helping individuals and
businesses build and protect their futures since 1904
Because of the trust placed in us Sentry is one of the
largest and strongest mutual insurance companies in
the United States and is rated A+ by AM Best the
industrys leading rating authority Sentry offers a full
line of property casualty and life insurance products
to protect businesses cars homes lives and retirement
incomes
So make the right choice - with great potential for
growth an outstanding 401(k) program and a schedule
that offers you a balance between your work and life
choose the company with the strength and stability to
offer it all Choose Sentry Insurance Sentry
Insurance is an Equal Opportunity Employer Apply
online at httpsjobssentrycomsearch119871
FULL-TIME LEGAL SECRETARY ASSISTANT
Mid-sized law office is seeking a self-motivated and
highly organized legal secretary with a minimum of 5
years of experience supporting 2 or more attorneys
Position will support multiple attorneys with case
management assistance calendaring state and federal
court filings formatting correspondence and
(Job Bank hellip Continued from page 41)
(Continued on page 43)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 43
pleadings copying mailing and other clerical duties
Optimal candidate will be able to accept and
implement directives maintain focus in hectic
environment keep attorneys informed of progress at
regular intervals and prioritize multiple projects
Working knowledge of MS Word amp Excel required
Associatersquos degree and background in litigation andor
insurance preferred EEOC Please email reacutesumeacute and
cover letter with salary requirements to
admincdslawfirmcom
EXPERIENCED PLAINTIFFS PERSONAL
INJURY LEGAL ASSISTANT
Small growing fast-paced Central Phoenix Personal
Injury Law Firm seeking full-time Legal Assistant to
join our team
Candidate must have excellent skills and 5 years
experience in a Plaintiffs Personal Injury Law Firm
with an ability to perform in a fast paced environment
Bi-lingual (SpanishEnglish) preferred but not
required Position involves significant interaction with
clients and requires attention to detail Good
organizational skills with a strong work ethic are
essential as is the ability to multi-task
Responsibilities include handling a large pre-litigation
caseload interfacing with attorneys and legal
assistants Must be proficient with MS Word Outlook
and Needles Case Management (preferred but not
necessary) Salary is competitive and DOE
Qualified candidates should e-mail resume with a
cover letter detailing their skills employment history
and salary requirements to
acoronadoblakefirmcom
(Job Bank hellip Continued from page 42)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 44
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
NALA Campus LIVE - Live web seminars are offered in two sessions each year FebruarymdashMay and AugustmdashNovember Each ses-sion features about 30 on-line seminars The audio files and handout material are copyrighted by NALA and the authors They are for personal use only Duplication of any of the material or any commercial use is strictly prohibited
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics httpswwwnalaorgcontinuing-educationwebinars NALA Campus LIVE - Live web semi-nars are offered in two sessions each year FebruarymdashMay and AugustmdashNovember Each session features about 30 on-line seminars The audio files and handout material are copy-righted by NALA and the authors They are for personal use only Dupli-cation of any of the material or any commercial use is strictly prohibited
82217 Music Law and Intellectual Property Rights
82417 So the Plaintiffrsquos on Medicare
82017 The ABCrsquos of Special Education
In addition to the Live Webinars NALA has On-Demand Webinar Courses available httpswwwnalaorgcontinuing-educationon-demand-webinar NALA also has a wide variety of available Self-Study courses as well as the Live Webinars You can access the Self-Study courses here httpswwwnalaorgcontinuing-educationself-study Many of these courses are recommended for preparing for the CP exam
NATIONAL BUSINESS INSTITUTE
wwwnbi-semscom
Live Video Webcasts
httpwwwnbi-semscomDefaultaspxVideo-WebcastsNavigationDataSource1=N63782
OnDemand amp Downloads
httpwwwnbi-semscomContentaspxst=ArizonaampNavigationDataSource1=N63932-63947
8817 Probate Boot Camp
8917 Real Estate Title and Conveyance Handling the Top
Issues
8917 Marijuana Business Legal Considerations
81417 Legal Descriptions Title Insurance and Surveys in Real
Estate Transactions
81517 Advanced Custody and Support Issues
81617 Personal Injury Trials 101
82117 Trusts from Start to Finish
82217 How to Get Your Clients Paid Debt Collection 101
82317 Bankruptcy The Ultimate Guide to Chapter 7 and 13
82817 Conflicts of Interest A Practical Legal Ethics Guide
82917 Using LLCs to Protect Assets
83017 Complex Social Security Law Issues
83017 Dealing With Problem Employees A Legal Response
Guide
And many morehellip
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 45
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
Lorman Live Webinars wwwlormancom You can find many more seminars listed at httpwwwlormancomlive-webinar
ON DEMAND WEBINARS
There are many OnDemand Webinars to choose from also
httpwwwlormancomondemand
8317 Electronic Record Retention Mistakes HR
Professionals Can Avoid
8317 HUD Section 3 Compliance Tips for Governments
8417 Paralegals Guide to Unauthorized Practice of Law
8817 Protecting High-Risk Clientsrsquo Assets Against lawsuits
8817 Tips and Tricks to Improve Your Telephone Attitude
8917 Rules and Guidelines When Dealing With Statute of
Limitations
8917 Utilizing Formulas in Microsoft Excel
81017 Early Retirement Incentives Navigating the Legal
Issues
And many more
Maricopa County Bar Association CLE CALENDAR
httpmcbasite-ymcomeventsevent_listasp
LEXIS NEXIS Paralegal Community
has some good information as well
Check it out at httplawlexisnexiscomcommunityportalarticlesdefaultaspxg=QfsTyLJ1USs=ampc=EZggD7hDKLw=
Arizona Bar Association wwwazbarorgCLE
OnDemand CLE
httpsazbarinreachcecomSearchmediaType=494a95bb-1e05-4c5b-a25f-36ad84bd4c39
82217 State Bar of Arizona Course on Professionalism
82317 Steering Clear of Malpractice Road Bumps
82417 Traffic Offenses
82517 Probate Rule 10(E)(2) Subsequent Training for Court-
Appointed Counsel
83017 A Survey of Family Law
And many more
ALA-ABI wwwali-abaorg
The ALI-ABA site has excellent online CLE courses forms printed books MP3 CDROMs CLE DVDs CLE MP3 Downloads CLE Court Materials and Course Papers
81017 Powers of Attorney Latest Legal Developments
81717 Creating and Maintaining a Paperless Practice
Improve Workflow Increase Efficiency
82317 Hot Topics in Legal Ethics
And many more
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 46
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
Organization for Legal Professionals wwwtheolporgeducation
Online Courses
Litigation Support Project Management
Paralegal Management Certificate Program
Project Management in Electronic Discovery
Computer Technology Skills for Paralegals
Legal amp EDiscovery Project Management Course
Institute of Paralegal Education httpipenbi-semscomContentaspxNavigationDataSource1=N63943 Webcasts amp Webinars httpipenbi-semscomContentaspxNavigationDataSource1=Rpp20NspEventDateSort7c1017c17cN63944-4294952056
Webcasts amp Webinars
8217 Medical records Made Easy for Paralegals
8817 Case Management for Paralegals Managing
Documents Files Calendars and Tasks
81717 A Paralegalrsquos Guide to Divorce Cases
82217 The Paralegalrsquos Guide to Probate
82317 Construction Law 101 for Paralegals
82417 Corporate Minute Books A How-To Guide for
Paralegals
82917 Smartphone Apps and Tricks for Paralegals
83017 Managing the Discovery Process A Paralegalrsquos Guide
91217 Paralegalrsquos Guide to Legal Research and Citation
Management
National Constitution Center wwwconstitutionconferencescom
8817 Legal and binding E-Contracts What Works in a Digital World
82117 Retaliation Claims Protect Clients from EEOC Charges amp Private Suits
West Legal Education wwwwestlegaledcentercom
If you know of any other sources for CLE and would like listings to be placed in this
publication please email Newsletterazparalegalorg
- Front Cover
- Table of Contents
- Board of Directors
- APA Announcements
- APA Member News
- 10 Employer Considerations in Light of Arizonas New Paid Sick Time
- Paralegals strike out on firing claims
- Wearable technology Counting the steps to a defense verdict
- August Webinar
- To Lay or Lie
- Sticky Business Etiquette Questions amp Answers
- September Webinar
- Tucson Paralegal Associations 38th Annual Seminar
- The Verdict
- The Brief
- NewBytes
- APA Job Bank
- Got CLE
-
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 5
Susan Lichtenberger Marisa Kumler
From the Membership Chair
Congratulations to our student members who have graduated this year I will be following up with each of
you to find out where you landed and if the APA can be of assistance in the transition from student to
paralegal extraordinaire Remember we have paralegal mentors ready willing and able to assist you in your
career
First Vice President Teresa Romero and I just returned from the NALA convention in Orlando Florida
We made contact with many wonderful paralegals across the country and came back energized to be a part of
this great career field Associations such as the APA that attended the convention took part in the Affiliates
Showcase Some have been in existence as long as or longer than the APA and some were brand new We
met a small contingent of New York paralegals who were organizing the Greater New York Paralegal
Association It was great to see their dedication to our profession and the eagerness to bring together other
paralegals in their area Teresa and I came back with interesting ideas that the APA can put into action to
better serve our members
As always if you have any questions suggestions or concerns please feel free to contact me
Karen Hall Flaaen
membershipazparalegalorg
Pictured from left K Flaaen and T Romero at the Affiliates Showcase
ARIZONA Paralegal Association Member News
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 6
10 Employer Considerations in Light of
Arizonas New Paid Sick Time
By Steve Biddle and Sarah K Watt
On July 1 2017 all Arizona employees became
eligible to begin accruing ldquoPaid Sick Timerdquo benefits
under the Fair Wages and Healthy Families Act (ldquothe
Actrdquo) For several months following the lawrsquos
enactment on November 8 2016 the Industrial
Commission of Arizona (ldquoICArdquo) the agency charged
with enforcing the Act provided little guidance on
how employers must comply with the new paid sick
time (ldquoPSTrdquo) portions of the law
However over the past few months the ICA has
issued two sets of proposed regulations and created
and regularly updated ldquoFrequently Asked Questionsrdquo
on its website designed to help employers understand
their obligations under the new PST law The
proposed regulations will not be finalized until later
this summer and employers should continue to be
watchful for additional guidance from the ICA In the
meantime because the PST law and implementing
guidance have many nuances this article will
highlight the aspects we most commonly have been
addressing and what companies should consider
doing now
Paid Sick Time ndash General Overview
Beginning on their first day of work all employees
(full-time part-time temporary and on-call) are
entitled to accrue PST at a rate of one hour for every
30 hours actually worked up to an annual cap of 40
hours for ldquolarge employersrdquo (15 or more employees)
or 24 hours for ldquosmall employersrdquo (fewer than 15
employees) unless an employer sets a higher annual
limit
Employees are entitled to use PST in the following
general circumstances (Continued on page 7)
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 7
An employeersquos or family memberrsquos need for
medical care or mental or physical illness injury
or health condition
A public health emergency or
Absence due to domestic violence sexual assault
abuse or stalking
The Act broadly defines ldquofamily memberrdquo to include
the following relationships by blood adoption
marriage or otherwise child parent spouse domestic
partner grandparent grandchild sibling or any other
person whose close affinity is the equivalent of a
family relationship
1 Counting Employees to Determine Employer
Size As noted above the number of employees
determines which annual accrual and use cap applies
A ldquolarge employerrdquo has 15 or more employees
working in Arizona on payroll for some portion of a
day in each of 20 nonconsecutive weeks in the current
or preceding year and a ldquosmall employerrdquo has fewer
than 15 employees working in Arizona
Employers must count all full-time part-time on-call
and temporary workers performing work in Arizona It
should be noted that the ICA previously directed
employers to count all employees regardless of
location to determine employer size This drastic
change of course is a prime example of how fluid the
ICArsquos guidance has been and likely will continue to be
as the realities of implementing the PST law are
realized
2 Year One Prorating Accrual and Use For the
first year of PST the ICA will permit an employer
whose selected ldquoyearrdquo2 ends less than 365 days after
the effective date of July 1 2017 to prorate
employeesrsquo annual PST accrual and usage caps based
on the number of days remaining in the employerrsquos
selected year Prorated accrual and usage caps should
be rounded up to the nearest ldquouserdquo increment
(discussed further below) Thus for a large employer
that uses hourly increments and elects to use a
calendar year (January 1 ndash December 31) employees
need not be given more than 202 hours of PST for
2017
3 PST Use Increments Employers must allow
employees to use accrued PST in the smallest
increment in an employerrsquos payroll system up to one
hour The ICA recently proposed a regulation to
clarify that employers can apply the smallest
increment used to account for absences or other paid
time off and not to the increment used in the
timekeeping system generally
4 Designating Leave as PST Without Employeersquos
Request The ICA has indicated that it will not
pursue enforcement against an employer that
designates an employeersquos time off from work as PST
provided the employer has a good-faith belief the
absence fits within the parameters of PST use If an
employer that has designated leave as PST in good
faith later learns it did so in error the employer should
promptly correct the error
5 PST Use Cannot Count Towards Attendance
Policy Employers may not count an employeersquos use
of PST towards its attendance policy or otherwise as
grounds for taking an adverse employment action
against the employee However an employer may
require employees to comply with established call-in
procedures outlined in a written distributed policy to
provide notice of an unforeseeable need to use PST
provided the employee does not have a reasonable
justification for failing to follow the policy (eg an
emergency)
6 Reporting Requirements ndash Paychecks The law
states employers must include in employeesrsquo regular
paychecks (or in an attachment to the paycheck) (1)
the amount of earned PST available to the employee
(2) the amount of PST taken by the employee to date
in the year and (3) the amount of pay the employee
has received for PST use in the year Recently
however the ICA clarified that an employer that
makes the above information available online (ie via
(10 Employer Considerations hellip Continued from page 6)
(Continued on page 8)
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 8
an email to the employee or through the companyrsquos
intranet) is compliant with the law Further employers
utilizing a general PTO policy are not required to
carve out PST balances for reporting purposes but
rather may report the data from the general PTO
balances
7 Carryover Versus Payout at Year End
Employees must be allowed to carry over up to 40 (or
24 for ldquosmallrdquo employers) hours of accrued unused
PST to the following year However this carried-over
amount will not affect the annual accrual and use caps
as described above Thus a ldquolargerdquo employer need
only allow employees to accrue and use a maximum
of 40 hours of PST per year
However employers have two options to avoid this
carry-over requirement First employers may elect to
pay out accrued unused PST at yearrsquos end but must
make the following yearrsquos PST balance available for
immediate use Second according to a recently
proposed regulation employers that frontload the full
annual allotment of PST at the beginning of a new
year (rather than requiring employees to accrue it
throughout the year) are not required to carry forward
or pay out unused PST
8 Calculating Hourly Rate for PST Payout The
ICA has stated that shift differentials and premiums
such as hazard pay should be included when
determining an employeersquos rate of pay for PST but
overtime holiday pay bonuses incentive pay tips or
gifts do not need to be included The FAQs on the
ICA website also provide direction and examples for
determining the hourly rate for piece-work and
commissioned employees
9 Using a General PTO Policy to Comply with the
PST Law Employers with existing general paid
leave policies (ie PTO) that provide an amount of
paid leave that meets or exceeds the requirements
under the Act and can be used for the same purposes
as provided under the Act are not required to provide
additional PST However there are a number of
reporting and posting requirements specific to PST
As such the practical implication of the new law is
that most employers should update their policies to
account for these potential PST issues
10 Multistate Employers Many employers have
operations in multiple jurisdictions many with
different or conflicting PST laws Accordingly
multistate employers should consider creating a
standalone Arizona PST policy or an addendum for
Arizona employees that explains the parameters of the
Arizona PST law
Conclusion
This article attempts to address the most frequent
questions and concerns we are fielding from
employers large and small However there are many
other issues requirements options and possible
consequences that are best discussed on an
individualized basis As such companies are
encouraged to contact their employment counsel to
discuss their practices to ensure compliance with the
Arizona PST law
(10 Employer Considerations hellip Continued from page 7)
Reprinted with permission of the authors
Steve Biddle and Sarah K Watt of
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 9
1347 N Alma School Road Suite 150
Chandler AZ 85224
Office (602) 347-8503
wwwAZNHFcom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 10
Paralegals strike
out on firing
claims
Law firm employees who shared complaints with
co-workers didnt engage in concerted activity
and werent illegally fired National Labor
Relations Board (NLRB) administrative law
judges (ALJ) decided in two cases on June 30
In an Arizona case McCarthy Law PLC a
paralegal was fired after she commented on a
computer survey that senior officials werenrsquot
sufficiently engaged in law firm management The ALJ found the comment didnrsquot arise out of any
group discussion or employee activity and wasnrsquot protected by the NLRA
In the second case Trey Harlin PC an ALJ acknowledged that the NLRB has found that employee
discussions about sexual harassment can be concerted in nature but she found a Texas legal assistantrsquos
recounting allegedly inappropriate comments to her co-workers wasnrsquot concerted The employee never
asked for help or suggested any group protest action the ALJ found
The two cases illustrated that employees claiming protection under the National Labor Relations Act
show that their discussions about work-related matters were concerted in character and designed to
improve wages or working conditions not merely that they involved two or more employees
To read the complete article Paralegal Legal Assistant Strike Out on Firing Claims by Lawrence
E Dube Bloomberg Law published 732017 visit httpswwwbnacomparalegal-legal-assistant-
n73014461151
The decisions for both cases can be found here
McCarthy Law PLC 2017 BL 227283 NLRB ALJ Case 28-CA-175313 63017
httpwwwbloomberglawcompublicdocumentNLRB_ALJ_Decision_McCarthy_Law_PLC_No_C
A175313_2017_BL_227283doc_id=XJSTNHPC
Trey Harlin PC 2017 BL 327284 NLRB ALJ Case 16-CA-171972 63017)
httpwwwbloomberglawcompublicdocumentNLRB_ALJ_Decision_Trey_Harlin_PC_No_CA171
972_2017_BL_227284doc_id=XJSTNHHC
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 11
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 12
What do a rape claim in Pennsylvania a car accident
in Canada and an arson case in Ohio have in
common In each one ldquowearable technologyrdquo was
used as key evidence to prove or disprove the claim
Wearable technology encompasses devices people
wear which contain smart sensors and wirelessly
connect to smartphones through a web or Bluetooth
connection Certain types of wearable technology can
track a userrsquos activity and store the information for an
unlimited amount of time In civil and criminal
litigation fitness trackers and smart watches are
emerging as a potential source of information which
could provide valuable data for the prosecution or
defense of a lawsuit
Criminal case in Pennsylvania
For example when the police in Pennsylvania were
investigating a claim of rape they pulled the data
from the victimrsquos fitness tracker a Fitbit to
substantiate her story The victim claimed she was
sleeping in her home when an intruder entered her
bedroom and raped her However the Fitbit data
showed that the victim took approximately 1000 steps
after the time she claimed to have gone to bed and
prior to calling 911 The investigating officers
believed that the ldquovictimrdquo staged the crime scene
during those extra steps After completing their
investigation the police charged the supposed victim
with tampering with evidence and filing a false report
Personal injury in Canada
When a personal trainer suffered injuries in an
accident fitness trackers were not widespread Four
years after the accident the personal trainerrsquos lawyers
outfitted her with a Fitbit Force to show the plaintiffrsquos
current level of activity The lawyers gave the data to
Vivametric an analytics company and that data was
compared with the activity of the general population
as determined by ldquoindustry and public researchrdquo
Vivametric takes a single personrsquos data compares it to
Fitbitrsquos databank of collected and stored data from
other wearers and determines whether that person falls
above or below the average In this case the lawyers
are hoping the data will support their claim that the
trainerrsquos activity was below average
Property claim in Ohio
In the arson case the claimant told investigators that
when he saw the fire engulfing his home he packed
some belongings in a suitcase broke a window with (Continued on page 13)
Wearable technology
Counting the steps to a defense verdict By Nanci R Schanerman
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 13
his cane and threw items through the window before
carrying them to his car The claimant also told police
that he had a cardiac pacemaker The police were
suspicious of the firersquos origin They retrieved the
claimantrsquos pacemaker data through a search warrant
The data included the claimantrsquos heart rate pace
demand and cardiac rhythms before during and after
the fire A cardiologist determined that it was highly
improbable due to his medical conditions that the
claimant could do all the collecting packing and
removal of items from his house and then carry them
in the short period of time he indicated In addition
gasoline was found on the claimantrsquos clothing and the
fire started in multiple places The investigators stated
the medical data represented some of the ldquokey pieces
of evidencerdquo in the case
How can litigators use wearable technology in
their every day personal injury cases
The first step as with collecting any evidence in
litigation is to engage in discovery Under Florida
law and similarly in other jurisdictions the rules of
civil procedure state that a party can obtain discovery
regarding any matter ldquothat is relevant to the subject
matter of the pending actionrdquo If a party is claiming
they are injured and are no longer as active as they
used to be the data contained on any fitness or
activity tracking device is obviously relevant The
challenge in discovery will be to limit the scope of the
request to avoid the dreaded ldquofishing expeditionrdquo The
typical objections that could arise when requesting
fitness data are that it is burdensome to produce the
data is protected by a right to privacy and the request
is not limited in time or scope
Overcoming objections
It is easy to overcome these objections for the most
part To overcome a burdensome objection the
requestor can provide a protocol for easy download of
the information For example I created a protocol to
download Applersquos fitness data collected by any
iPhone (Yes iPhones are included as wearable
technology and automatically track a userrsquos activity)
or Apple Watch The protocol outlines step by step
how to extract the raw data and takes less than five
minutes
Until there is well established law regarding the
discovery of fitness tracking data the biggest
roadblock to discovery will most likely be objections
based on a userrsquos right to privacy One way to
potentially overcome this objection is to determine
whether the user shares the information with third
parties Most wearable technology contains a social
aspect where a user shares their data with friends or a
team much like social media Therefore law on
discovery of social media information will be
analogous to the collection of fitness tracking data In
Florida the Fourth District Court of Appeal in the
landmark case of Nucci v Target held that
ldquophotographs posted on a social networking site are
neither privileged nor protected by any right of
privacy regardless of any privacy settings that the
user may have establishedBy creating a Facebook
account a user acknowledges that her personal
information would be shared with othersrdquo Similarly
by opting to share fitness data with friends a user
acknowledges that his or her personal information
will be shared with others A second way to
potentially overcome a privacy objection is by
analogizing the fitness data with medical data
contained in medical records A plaintiffrsquos medical
records have long been considered discoverable to
prove a plaintiffrsquos injuries
Admissibility
After discovery of the data the next step is to lay the
foundation for admissibility at trial The foreseeable
challenges to admissibility are most likely going to be
the authentication of the data and the accuracy of the
data There are several ways to authenticate the data
such as questioning the user identifying data unique
to the use of the device like references to a particular
fitness goal or hiring a computer forensic expert
Proving the accuracy of the data will be a bigger
problem For example Apple admits that its heart rate
data is flawed If anything is blocking the LED lights
on the back of the watch which measure the heart rate
such as tattoos or irregular skin perfusion the heart
rate reading will not be accurate Similarly Apple
states on its website that water immersion while
swimming could interfere with accurate heart rate
data Furthermore irregular movements can confuse
(Wearable Technology hellip Continued from page 12)
(Continued on page 14)
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 14
any device Fitbit has also had the accuracy of its heart
rate data questioned in a class action filed in 2016
currently pending in Northern District of California In
the suit consumers from California Colorado and
Wisconsin allege that the heart rate tracking in the
Charge HR and the Surge two products that came to
market in 2015 is inaccurate by a significant
margin especially during periods of intense exercise
Overcoming challenges to accuracy of the data will
surely interfere with its admissibility but it would still
certainly be worth trying to admit overall trends in the
data instead of an exact number of steps walked in a
day or beats per minute of a personrsquos heart
With all of this in mind the challenge will be to find a
plaintiff pursuing a claim who utilizes a fitness
tracker This may become less of a challenge in the
next few years as experts predict fitness trackers and
smart watches will increase in the market by 195
million units by 2020 Furthermore employers and
insurance companies are outfitting people with
wearable technology to reduce risks and work place
injuries Several health insurance companies are
offering discounts to people who utilize this
technology and submit it to show a healthy and active
lifestyle
Wearable technology is constantly evolving and
getting better with each generation It will be
interesting to see what happens when the law catches
up and whether this data will become a regular part of
personal injury litigation much like social media
discovery
Reprinted with permission of the author
Nanci R Schanerman of
(Wearable Technology hellip Continued from page 13)
Mike McCrary Discovery Consultant
mmccraryfronteocom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 15
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 16
Join us on WEDNESDAY August 9 2017 at 1200 PM for this one-hour CLE webinar by Dr Arthur Eckstat ldquoWill That Product Liability Personal Injury Claim Prevailrdquo
What yoursquoll learn
Whether you are the team pursuing a product liability personal injury claim or defending against one the
criteria for prevailing is much the same Yoursquoll learn the criteria for a valid product liability claim and further
examine red flags that can affect your ability to prevail and suggestions on how to manage them
Criteria and Red Flags discussed include but not limited to
This webinar qualifies for 1 hour of CLE credit
Cost $25 for APA members $30 non-members
LAST DAY TO REGISTER FRIDAY AUGUST 4 500 PM
Identifying party(s) responsible Evidence collecting and protecting
How and why did the injury occur Expert witnesses ndash need types roles
What really happened despite story Interrogatories ndash Use and abuse
Likelihood of substantiating negligence Costs of pursuing or defending a claim
Strict Liability criteria for prevailing Contingency fee considerations
Identifying designmanufacturing defect
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 17
Our Speaker
Dr Arthur Eckstat
Engineering Consultant and Expert Witness
Dr Arthur Eckstat has served as an Engineering Consultant amp Expert Witness for over 15 years specializing
in Products Liability Personal Injury matters including wrongful death Art is often approached by plaintiff
attorneys to support what would be an unwinnable claim He created Lawsuit Consultant
(wwwlawsuitsconsultantcom) to help Products Liability Plaintiff Attorneys learn how to choose craft and
conduct winning cases while identifying and avoiding losing or under-performing cases That service
expanded to helping Defense Attorneys and insurance companies learn how to determine the validity of injury
claims Regardless of which side of an injury claim yoursquore representing two primary questions are ldquoHow was
the claimant injuredrdquo and ldquoWhy was the claimant injuredrdquo
Art possesses a Mechanical Engineering degree and an earned Doctorate He took early retirement from the
corporate worlds of Automotive and Aerospace engineering where he received international recognition and
accolades from both internal and external customers for his unique ability to see and explain what others have
missed He has successfully bridged the breach between Academic and Practitioner Art was honored as a
Contributor to Aviation History by Donald Engen Director of the Smithsonian National Air and Space
Museum in a ceremony held at the museum in Washington DC
DEADLINE TO REGISTER August 4 at 500 pm
Premier Designs Jewelry
Kathy Hanchette
Beyond Diva Jewelry
602-264-2230
wwwArizonaCourtReporterscom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 18
A degree above all others
12th Street and Missouri
Phoenix AZ 85014
(602) 212-1445
mbatranscriptazcoxnet
Serving local and national clientele with their
legal and general transcription needs
including civil criminal personal injury
family law as well as assisting in other areas
of law
INTEGRATED MEDICAL EVALUATIONS INC
401 W Baseline Rd Suite 206
Tempe AZ 85283
6023650132
wwwimewestcom
I avoid looking I avoid looking I avoid looking
forward or forward or forward or
backward and backward and backward and
try to keep try to keep try to keep
looking upward looking upward looking upward Charlotte BronteCharlotte BronteCharlotte Bronte
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 19
Many have a problem with lie or lay How do you know when to use which one
Lay (lay laid laying) means ldquoto putrdquo or ldquoto placerdquo Because itrsquos a verb (action word) it requires an object to
complete the meaning
Please lay the groceries on the counter
She laid her resignation letter on the bossrsquos desk
He is always laying his schoolbooks on the kitchen table
Lie (lie lay lain lying) means ldquoto recline rest or stayrdquo or ldquoto take a position of restrdquo Unlike lay which re-
quires it lie cannot take an object
She said she was going to lie on the bed to test the mattress
The pleading was lying on his desk for him to sign
A way to remember the difference is that if you can replace the questionable lie or lay with place (or the correct
version of it) then you need to use the correct version of lay If it doesnrsquot use the correct version of lie
She wanted to (lay or lie) down for a nap Would you say ldquoShe wanted to place down for a naprdquo No So
the proper word would be lie
He (laid or lay) the coffee on his secretaryrsquos desk Is it ldquoHe placed the coffee on his secretaryrsquos deskrdquo Yes
Then laid is correct
Another reminder hint might be if you are going to plAce something then you are going to lAy it but if you
are going to rEst you are going to liE
Thanks to Kathy Sieckman PP PLS-SC ACP of wwwProofthatblogcom for the above
To Lay
or Lie
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 20
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 21
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 22
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 23
Occasionally we all come across
situations in which we wonder
Would Miss Manners approve But
in the digital age of social
networking the etiquette lines can
become even blurrier Following are
some common sticky business
etiquette questions and tips to help
tackle them
Social Media
Should I personalize my LinkedIn requests to
connect with others
Its perfectly fine to use the form letter and in fact
most people do it for convenience even when
connecting with close contacts But if you wish to
connect to someone you havent seen in a while take
the time to personalize the message and explain how
youve met
How do I keep my manager from getting wind of
my job search using LinkedIn
If you consistently have a voice share opinions and
articles and tend to your audience and your network
as a daily routine mdash and not just when youre looking
for work mdash then when its time to find that next career
opportunity none of your activity will look out of the
ordinary But its not smart to immediately update your
LinkedIn profile by adding a large number of new
contacts fleshing out your profile and soliciting
recommendations Adjust your settings so you dont
broadcast activity youre not willing to share Pay
particular attention to the Opportunity Preferences
section under Contact Settings If you say you are
interested in career opportunities you could be
sending a red flag to your manager You can gain
exposure among your peers by joining groups related
to your professional field Many recruiters are
members and scan the roster for potential hires
Contribute to the discussion and establish yourself as a
subject matter expert to catch their interest
Should I friend my boss or coworkers
This is the $64000 question and the feelings of those
on the receiving end may provide the answer (See
Thinking About Friending Your Boss on
Facebook on Page 10 of Business Etiquette The
New Rules in a Digital Age) If you do connect utilize
privacy settings and different friend lists to control
how mdash and with whom mdash you share content Be
sensitive to your professional environment some
industries or companies are much more engaged in
digital networking than others If youre starting a new
job take your cue from others before sending out
friend requests to your new colleagues
Can Facebook postings hurt my job search
A good rule of thumb is to always post prudently If
you dont want your employer to see it get rid of it A
recent survey by our firm revealed that 44 percent of
executives review the Facebook presence of potential
hires Even if your account is just for fun keep it in
check To put your Facebook on a privacy lockdown
click on the drop-down Account menu in the top
right corner and select Privacy Settings Keep in
mind that Facebook may change its privacy features at
(Continued on page 24)
Sticky Business Etiquette Questions amp Answers
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 24
any time and you might not be aware of the changes
when they occur Always assume that anything you
post online may become public
Should I use Facebook at work
Maybe if its for work-related purposes and not just
keeping your friends updated on your weekend
activities Then again maybe not Thirty-eight percent
of chief information officers interviewed by Robert
Half have implemented stricter social networking
policies as these tools have become more prevalent in
the workplace If youre not sure what rules your firm
has in place check with your manager or human
resources representative Your best bet is your own
good judgment Just as you would expect to restrict
personal phone calls or conversation at work you
should limit personal use of social networking
platforms too
Whats the right way to decline a request to
connect with someone
While an automated No thank you could make our
lives easier no response at all might be your best bet
Dont feel pressured to connect with someone you
would rather not form a relationship with and dont
feel the need to explain your decision If you expect
you might run into the individual in person be
prepared in case you are confronted about it Simply
click Ignore especially if the person is a stranger
If someone follows me on Twitter should I
automatically follow him or her back
No because you may end up unfollowing the person
later Before following people check out their feed
bio and previous tweets to get a sense of them or their
organization and determine if youll be interested in
seeing the kind of content they share Although its
considered good etiquette to follow someone back
dont do it indiscriminately Its your feed and you
want to make it valuable to you
Emails and Conference Calls
Uh oh I sent a confidential email to the wrong
person What do I do now
Its not a lost cause and there are a few steps you can
take First try to use the recall function of your email
program But keep in mind that not all applications
offer this option and various factors can affect how
successful it is If this step doesnt solve the problem
you need to limit the impact of your mistake Contact
those who are affected the recipient and possibly the
person to whom you intended to send the message
Explain your error and if you need their help
correcting it You also may need to inform your
manager of the mistake
How responsive should I be to e-mail when Im on
vacation
It depends on whether you want to have a real
vacation If your Out of Office says youre not
checking e-mail on vacation dont check and respond
to messages Doing so changes expectations and
implies youre more accessible than you said youd be
Instead be considerate to others needs while you are
out and list a back-up contact in your Out of Office
auto response
I forgot to attach a file before sending an emailhellip
again How can I avoid this in the future
Slow down Everyone forgets to attach a file from
time to time because theyre in a rush But repeatedly
making this mistake can cause your colleagues to
question your attention to detail Going forward try
attaching your file before you compose your message
This way you can be sure it makes it to the recipient
Just make sure you attach the right file
How can I prevent my colleagues from scheduling
conference calls over lunch
Everyone should have a chance to eat lunch Often
people simply look for an open spot on others
calendars when scheduling a meeting So you might
consider blocking out your lunch hour to ensure you
have time to grab a bite to eat Although it may be
unavoidable to meet during this time on occasion you
might find that this simple step helps you out
Thanks to Robert Half for this information To learn more about
Robert Half visit wwwroberthalfcom
(Sticky Business hellip Continued from page 23)
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 25
3150 N 24th Street
Suite D-104
Phoenix AZ 85016
6022569700
The Nationwide Legal LLC team provides a
broad spectrum of comprehensive legal support
services at an unparalleled level of quality NWL
utilizes state-of-the-art technology to deliver
practical and cost-effective solutions for all of
your legal support service needs wwwNationwideASAPcom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 26
BILLING
BLUNDERS AND
FEE AGREEMENT
ESSENTIALS Speaker
Lynda C Shely
Esq
Ethics Lawyer
Speaker
Consultant
APA WEBINAR
Wednesday September 13 2017
1200-100 pm
COST APA Members $25 (or use your free 2017 webinar coupon) All others $30
This webinar qualifies for 1 hour Ethics CLE credit
Lynda C Shely of The Shely Firm PC Scottsdale Arizona provides ethics advice to over 1500 law firms in Arizona and the
District of Columbia on a variety of topics including conflicts of interest fees and billing trust account procedures lawyer
transitions multi-jurisdictional practice ancillary businesses and ethics requirements for law firm advertisingmarketing She also
assists lawyers in responding to initial Bar charges performs law office risk management reviews and trains law firm staff in
ethics requirements Lynda serves as an expert witness and frequently presents continuing legal education programs around the
country Prior to opening her own firm she was the Director of Lawyer Ethics for the State Bar of Arizona Prior to moving to
Arizona Prior to moving to Arizona Lynda was an intellectual propertyantitrust associate with Morgan Lewis amp Bockius in
Washington DC Lynda received her BA from Franklin amp Marshall College in Lancaster PA and her JD from Catholic
University in Washington DC
Lynda was the 2015-2016 President of the Association of Professional Responsibility Lawyers She serves on several State Bar of
Arizona Committees and as a liaison to the ABA Standing Committee on Ethics and Professional Responsibility She is an
Arizona Delegate in the ABA House of Delegates Lynda has received several awards for her contributions to the legal profession
including the 2007 State Bar of Arizona Member of the Year award the Scottsdale Bar Associationrsquos 2010 Award of Excellence
and the 2015 AWLA Maricopa Chapter Ruth V McGregor award She is a prior chair of the ABA Standing Committee on
Client Protection and a past member of the ABArsquos Professionalism Committee and Center for Professional Responsibility
Conference Planning Committee Lynda was the 2008-2009 President of the Scottsdale Bar Association She has been an adjunct
professor at all three Arizona law schools teaching professional responsibility
LAST DAY TO REGISTER FRIDAY September 8 2017 at 500 PM
Click Here to Register httpazparalegalorgevent-2588123
Ethical and practical considerations for all firms ndash even those that think they do not need to
track hourly time Lynda will review what clauses are mandatory for all fee agreements in Ar-
izona as well as clauses that will help with client communications and expectations Billing
tips will go over the five things to never do in a time entry why block billing is prohibited in
Arizona how to get paid faster and common mistakes made in client invoices
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 27
WOOLSTON amp TARTER PC AUDIT DEFENSE amp TAX LITIGATION
Congratulations to the Arizona
Paralegal Association on 40
successful years of promoting the
paralegal profession
In just about every area of society therersquos nothing more important than ethics
Henry Paulson
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 28
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 29
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 30
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 31
Jason Bagley
Senior Territory Manager
(602) 559-4587
jasonbagleylexisnexiscom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 32
GENDER EQUALITY
The process of voir dire sometimes includes
subtle and not-so-subtle attempts at gender
stacking of jurors to prevent or create bias
toward a plaintiff Other demographic factors
may be more influential but gender is still
important though not necessarily in the way
one would suspect
The accompanying chart based on California New York and Texas cases reported to VerdictSearch depicts
plaintiffsrsquo winning percentages according to the plaintiffrsquos gender and the juryrsquos composition Bias is evident
but it is not dependent on the plaintiffrsquos gender
Any plaintiffrsquos winning percentage is substantially greater when his or her case is heard by a female-
dominated jury rather than a male-dominated jury or a gender-neutral jury The takeaway All other factors
being equal plaintiffs are best served by female jurors The equation flips when it comes to awarding
damages but thatrsquos a topic for another study
Thank you to Verdict Search for this analysis To learn more about VerdictSearch visit
wwwVerdictSearchcom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 33
Vol 13 No 8 August 2017
Fees Increase in One Week
Most filing and service fees will increase on Wednesday August 9 2017 Documents submitted for filing that are received by the Clerks office (file counter by mail or through a filing depository box) on or before August 8 will be subject to the current fees Documents received for filing on and after August 9 will be subject to the new fees Fees are posted on the Clerkrsquos website at httpwwwclerkofcourtmaricopagovfeesasp
Appeal and Cost Bond Info Online
Court rules statutes court orders or other authorities may require posting appeal or cost bonds with the Clerks Office Depending on the type of issue the parties the complexity of the case and other factors years can pass between the bond posting date and resolution of related issues During that time parties attorneys and the courts may overlook issuing a court order releasing the money The Clerks Office holds the funds until a court order directs the Clerk specifically what to do with those funds The Clerkrsquos Office has now posted lists online of bonds posted with the Clerks Office where the need for the bond may have ended and no court order was filed allowing the Clerk to return the money If you or your clients posted an appeal or cost bond in any case it is worth checking if funds are still on hold
Customers can search the online lists by party name or case number A party or their attorney must file a petition with the court requesting an order be issued directing the Clerk to release these funds The Clerks Office will only release money by court order and only as specifically directed in the order For more information about the deposit or release of these funds including specific information the Clerkrsquos Office needs before releasing money see the Clerkrsquos website at httpwwwclerkofcourtmaricopagovrelease_bondsasp The Clerks Office will only assist parties to a case or their attorneys Third-party vendors personal representatives and other non-parties must be named in a court order to obtain detailed information or to receive a payment check
Law Library Resource Center Filings Grow by Leaps and Bounds
Last year the Superior Court in Maricopa County renamed relocated and expanded its self-service center into the Law Library Resource Center (LLRC) The Clerkrsquos Office staffs a filing counter within the downtown Phoenix LLRC to allow customers a one-stop-shop for research drafting and filing court documents Filings within the LLRC have gone up every month since its establishment In January 2017 the file counter handled 406 transactions and nearly doubled that volume by the end of March 2017 with 802 transactions In June the file counter processed more than 1000 transactions Clerk staff at this window can process fee deferral applications adding to customersrsquo onsite convenience For more information about the LLRCrsquos services locations and other details see the Superior Courtrsquos website at httpswwwsuperiorcourtmaricopagovSuperiorCourtLawLibraryResourceCenter
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 34
THANK YOU
Our Charity Raffle Prize Drawing for this beautiful quilt donated by the Emmanuel Lutheran Quilters of Prescott Valley Arizona raised $350
All proceeds have been provided to Feed Hungry Children Program in Prescott Valley Arizona
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 35
Paralegal robot reviews patent documents There is a new software RoboReview that helps patent
lawyers draft applications that are more likely to pass muster with the USPTO It automates paralegal
work bringing more rigor to the task of researching prior art and potentially saving thousands of dollars
on a filing Typically this review is done by humans doing multiple searches To read more visit the
ABA Journal httpwwwabajournalcomnewsarticlepatent_document_robot_legal_review
Paralegal cries after being charged with stealing $12 million from law firm The paralegal was an
office manager for a law firm in downtown Toledo where prosecutors allege she embezzles money from
the firm and from the trust account of a disabled client between 2008 and September 2015 The suit
claims that the paralegal forged signatures and falsified bookkeeping software and other records to steal
from the firm The paralegal cried throughout the bond hearing She has been fired To read more about
this case visit httpwwwtoledobladecomCourts20170712Bond-set-at-100K-for-office-manager-
charged-with-embezzling-1-2Mhtml
Paralegal re-appointed to Florida Bar Section Priscilla Horn Warren a nationally and Florida
certified paralegal will continue to serve on the States Solo and Small Firm Section as their paralegal
representative for 2017-2018 term Warren has continuously served as paralegal liaison with the section
since 1995
Law Firm not liable for paralegal mistake on $15 bn loan A New York Judge found that the firm did
not owe a duty of case to third parties The paralegal had accidentally cancelled the security interest of a
$15 billion loan to General Motors The firm did not represent the lenders and as such did not owe a duty
to third parties JP Morgan Chase acted as lenders and its lawyers also missed the mistake The mistake
was only noticed when GM filed for bankruptcy protection in 2009 To read more visit
httpwwwgloballegalpostcombig-storiesmayer-brown-not-liable-for-paralegal-mistake-on-$15-bn-
loan-73921531
Lawyer and paralegal arrested after being found with meth pipes and other drug paraphernalia
The attorney claimed that the equipment didnt belong to him (my paralegal did it defense) To read
more visit httpwwwarkansasmatterscomnewslocal-newsconway-lawyer-and-paralegal-arrested-on-
drug-possession769588833
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 36
DIAMOND SPONSORS
National Health Finance
ABI Document Support Services
RUBY SPONSORS
Nationwide Legal Inc
Vocational Diagnostics Inc
EMERALD SPONSORS
MBA Legal Transcription
First Legal Network
LexisNexis
Coash amp Coash
Robert E ldquoBobrdquo Underdown The Insurance Archaeologist
Jones Skelton amp Hochuli
THANK YOU TO OUR SPONSORS AT OUR ANNUAL LEGAL CONFERENCE AND 40TH ANNIVERSARY CELEBRATION
Thank you to the individuals and businesses that support the Arizona Paralegal
Association in our efforts to promote and educate the paralegal community by
becoming Legal Seminar Sponsors The assistance of our sponsors has been vital in
bringing educational programs to paralegals across Arizona This Legal Seminar would
not be possible without the help of the sponsors and we hope you will join us in
PEARL SPONSORS
Compex Legal Services Inc
Kathy Hanchette Premier Designs
Robson Forensic
Parasec
Iron Mountain
Litigation Services
Fronteo
The Morton Group
Integrated Medical Evaluations Inc
Elite Medical Experts
Lynn Tofaute Yanbal Jewelry
Griffin amp Associates
Discovia
Woolston amp Tarter PC
Ottmar amp Associates
Ballard Spahr LLP
DTI Global
Thank you to these Northern Arizona sponsors who have generously donated
prizes for the Arizona Paralegal Association drawing
Murphyrsquos Restaurant Prescott Arizona
Susanne Chacon Scentsy 9287108777
Yavapai Title 9284452528
Mangum Pearce Court Reporting 9284451909
Prescott Law group PLC 9284451909
Emmanuel Lutheran Quilters Prescott Valley
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 37
Congratulations to the Arizona Paralegal Association on 40 years
1 East Washington St Suite 2300
Phoenix AZ 85004
602798-5400
wwwballardspahrcom
6024851488
wwwOtmarAssoccom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 38
APA MEMBER JOB BANK
DONrsquoT FORGET TO CHECK OUR ONLINE
JOB BANK FOR UP-TO-DATE JOB LISTINGS
at httpwwwazparalegalorgjobbank
[In order to view the online Job Bank you must login
to our new website (using your email and password)
If you experience any difficulty logging in please
contact membershipazparalegalorg for assistance]
PARALEGAL - BANKRUPTCY LITIGATION
Position Overview
Under the supervision of one or more lawyer(s) the
Paralegal assists in the delivery of quality efficient
and accessible legal services in the bankruptcy real
estate corporate andor commercial litigation practice
groups
Responsibilities
Draft routine pleadings statements affidavits
andor other legal documentation as appropriate at
the specific direction of attorneys
Prepare initial drafts of legal documents for
bankruptcy proceedings including case captions
and simple pleadings such as claim forms requests
for notice or judicial notice etc
Arrange Court Call appearances communicates
and cooperates with Court clerks on filings and
appearance requirements and interacts with Court
personnel as necessary to serve client needs
Prepare initial drafts of fee applications when
representing estate professionals and oversecured
creditors in bankruptcy cases and in connection
with fee awards in other litigation contexts
including exhibits and declarations in support
Compile documents in connection with appeals
including designations and indexes of the record
district court elections and requests for transcripts
Draft notices of appearance substitutions of
counsel documents pro hac vice applications and
corporate ownership statements
Assist with discovery-related filings including
Bankruptcy Rule 2004 examination applications
notices and orders subpoenas and notice of
servicecompliance
Manage non-judicial trustees sale process
including security instrument review public
record filing review notice drafting service
completion bid compilation sale procedures
communications with interested parties deed upon
sale drafting and all necessary public recording
and filing
Perform ECF filings and review local rules for
pleading forms notice and service requirements
Fulfill duties to deliver court copies courtesy
copies lodged order uploads in pdf or Word and
complies with all local rule requirements
Organize index and track large numbers of
documents including development of information
(Continued on page 39)
DO YOU KNOW OF A PARALEGAL POSITION AT YOUR PLACE OF EMPLOYMENT
If so advise your employer that the APA offers ad space for paralegal jobs to employers free of charge To place a job bank ad or for information on a job send an e-mail to Betsy Wolf at jobbankazparalegalorg
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 39
APA MEMBER JOB BANK
retrieval systems performs all case management
functions
Perform calendaring or docketing of information
as needed
Research and obtain information from various
courts administrative bodies public information
sources etc
Performs electronic research using PACER court
websites Westlaw and Lexis in addition to
Shepardizing and Bluebooking citations
Coordinate efforts with trials and hearings such as
taking notes handling exhibits organizing and
gathering factual information etc
Attend trials or client meetings as needed inside
and outside the office that require face-to-face
contact
Coordinate vendors in conjunction with a project
such as court reporters process servers copy
vendors etc
Track time in DTE and assures that services
provided are properly charged to the client
Track expenses for travel client meetings and
court appearances
Essential Job SpecificationsQualifications
Familiarity with pleading notice and service rules
triggered in Chapter 7 and 11 Bankruptcy Courts
Familiarity with Uniform Commercial Code
enforcement process and procedures
Familiarity with basic corporate formation
practices and procedures
Ability to perform ECF filings
Excellent computer skills including Word Excel
PowerPoint and database applications
Ability to deal professionally with all levels of
clients both internally and externally
Proven ability to solve problems work
independently and tackle projects with minimal
supervision
Ability to be flexible meet deadlines handle
pressure and adapt to changing work priorities
work flow and work assignments
Ability to effectively and respectfully
communicate verbally and in writing with other
staff lawyers management and clients
Ability to organize a large amount of data and files
into an efficient system (both electronic and
hardcopy) for easy filing and retrieval
Ability to maintain confidences as well as build
confidences and trust
Ability to pay close attention to detail
Ability to work overtime up to 10 or more hours
per week
Ability to work off-site at client location(s) for
extended periods of time
Requires the ability to regularly report to work on
the days and times scheduled or alternatively to
work flex hours depending on lawyer and client
needs
Physical Demands
Ability to work in a typical office environment and
lift up to 25 lbs NOTE Reasonable
accommodations may be made to enable
individuals with disabilities to perform the
essential functions
Travel
Ability to travel locally
EducationExperienceCertifications
Bachelors Degree andor Paralegal Certificate
Minimum of two years experience with
bankruptcy and litigation practice(s) at a law firm
Disclaimer
The above statements are intended to describe the
general nature and level of work being performed by
the incumbent in the position They are not intended
to be an exhaustive list of all responsibilities duties
and skills of the employee Duties and responsibilities
may change at any time with or without notice
(Job Bank hellip Continued from page 38)
(Continued on page 40)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 40
How to Apply Please send resume to
lisaspannbryancavecom
Equal Opportunity Employer
LITIGATION PARALEGAL - INSURANCE
DEFENSE
Jones Skelton amp Hochuli is seeking an ambitious
paralegal with 5+ years of experience in general civil
litigation and experience in State and Federal courts
The ideal candidate will have a stable work history
and exceptional communication and organizational
skills We offer a competitive salary and benefits
package and a team-oriented working environment
Please email your resume to Recruitingjshfirmcom
AAEOE
EXPERIENCED LITIGATION PARALEGAL
Dickinson Wright PLLC (Phoenix office) is in need of
a litigation paralegal
Requires a minimum of three yearsrsquo recent experience
in Arizona law
Job Description
Organize and synthesize information through the
preparation of summaries chronologies reports
spreadsheets
Draft and review routine legal documents (eg
privilege logs exhibit lists discovery disclosures
etc)
Assist attorneys on cases by providing
computerized support to help them plan organize
research analyze argue and present their cases in
a more cost and time efficient manner
Provide the day-to-day support of data
management
Assist attorney in trial preparation and set-up of
electronic equipment in the courtroom provides
court assistance as required
Assist with managing cases projects on various
levels and at various stages of the litigation
process
Candidates must have excellent communication skills
for contacting clients experts and other outside
parties have knowledge of state and federal court
rules procedures and e-filing requirements drafting
be self-motivated a team player proficient in MW
Word Outlook 2010 and a working knowledge of
document management systems Relativity and Trial
Director experience is a must
EducationalExperience requirements
Paralegal certificate from ABA school or
certification
We offer a competitive salary and benefits package
and an outstanding work environment All candidates
must submit a cover letter resume and salary history
Please email resumes to
LMandellDickinsonwrightcom
EXPERIENCED FAMILY LAW PARALEGAL
Cantor Law Group an AV-rated six-attorney family
law firm located in downtown Phoenix seeks a sharp
paralegal with at least two years of recent Arizona
family law experience In this position you will work
closely with an associate attorney to manage a case
load of 40+ cases covering a wide range of domestic
relations issues Experience with high-asset andor
DCS cases is a plus Must be a strong writer able to
draft pleadings and correspondence Exceptional
people skills are needed as there is a great deal of
client contact
An attractive compensation and benefits package is
available for the right candidate In addition to a
competitive salary and bonus opportunities we offer
an outstanding benefits package including ten paid
(Job Bank hellip Continued from page 39)
(Continued on page 41)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 41
holidays per year ten days paid vacation days yearly
five days personal paid time off yearly as well as the
availability of medical dental vision and life
insurance A 401K with a very generous employer
match is offered after one year
Requirements
2 years recent Arizona family law experience
Proactive able to handle and direct caseload with
minimal supervision
Attention to detail and excellent follow-up
Excellent analytical capabilities amp writing skills
able to draft substantive motions for attorney
review
Work well as a member of a fast-paced team
Professional appearance demeanor and attitude
Great client relations skills
Excellent computer skills including proficiency in
MS Word and other MS Office applications
Paralegal certification preferred (not required)
Knowledge of Time Matters or other case
management software a plus
Please send resumes to hrdmcantorcom
EXPERIENCED CRIMINAL DEFENSE
PARALEGAL
The Law Offices of David Michael Cantor an AV
rated criminal defense firm in Downtown Phoenix is
seeking an experienced paralegal with felony amp
misdemeanor experience to work closely with our
attorneys Our practice includes the full spectrum of
criminal charges and you will have the opportunity to
work on cases involving drug charges violent crime
sex offenses white collar crime property crime and
DUIs
The job
Proactively manage a substantial caseload without
direct supervision
Prepare and file pleadings according to attorney
instructions
Prepare trial notebooks and handle all trial prep
work
Create high quality correspondence and other
documents with little to no supervision
Maintain professional relationships with law
enforcement and prosecutors
Provide excellent customer service for our clients
Support 1-2 attorneys
We offer
Competitive compensation
Outstanding benefits including medical dental
vision lifeADampD coverage
401K with generous employer match
Paid vacation and sick time
Ten paid holidays per year
You
2+ years of private Arizona defense experience
handling both misdemeanor and felony charges
Familiar with Arizona courts and MVD
Proactive ndash needs little supervision
Great follow-up skills and attention to detail
Excellent writing skills
Professional appearance and behavior
MS Word and other MS Office applications
Keyboard speed 50+ wpm
Reliable
Enjoy being a member of a friendly team of
professionals
Experience with Abacus or other case
management software desirable
Please send resumes to hrdmcantorcom
PARALEGAL
Sentry Insurance is looking for a Paralegal to provide
litigation and administrative support to our Staff
(Job Bank hellip Continued from page 40)
(Continued on page 42)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 42
Counsel operation If you are looking for a career
with great potential choose the company with the
strength and stability to offer it all
What Yoursquoll Do
As the Paralegal yoursquoll assist the attorney staff by
performing legal activities which do not require
attorney signature client advise or appearances in
court In addition yoursquoll
Assist in the preparation of responses to discovery
under direct supervision of an attorney
Perform factual investigations and document
searches
Obtain investigative materials and policy
information
Contact insureds and other witnesses to obtain
factual statements
Coordinate scheduling of litigation activities and
witness appearances
What it Takes
Associate Degree or equivalent work experience
2-5 years of related work experience at least one
year in litigation practice
American Bar Association-Certified Paralegal
Training
Advanced knowledge of case management and
knowledge of and ability to perform legal
research
Experience with resources such as Westlaw and
Lexis
Strong analytical ability and knowledge of
litigation processes
Strong organizational and communication skills
Ability to maintain confidentiality
Strong working knowledge of the Internet
PowerPoint Excel and Word and familiarity with
legal case management software (ProLaw Clio
etc)
Ability to work independently and in multi-
jurisdictional venues
Must be able to meet travel requirements of the
job
What Yoursquoll Receive
We offer an outstanding array of benefits for our
associates including
Competitive Compensation
Group Medical Dental Vision and Life benefits
Generous Paid-Time Off - including Company
Holidays
401k plan with a dollar-for-dollar match on your
first six percent ndash immediate vesting
Access to more than 100 certification designation
and licensing courses
Career advancement opportunities
Why Sentry Insurance
Sentry employees have been helping individuals and
businesses build and protect their futures since 1904
Because of the trust placed in us Sentry is one of the
largest and strongest mutual insurance companies in
the United States and is rated A+ by AM Best the
industrys leading rating authority Sentry offers a full
line of property casualty and life insurance products
to protect businesses cars homes lives and retirement
incomes
So make the right choice - with great potential for
growth an outstanding 401(k) program and a schedule
that offers you a balance between your work and life
choose the company with the strength and stability to
offer it all Choose Sentry Insurance Sentry
Insurance is an Equal Opportunity Employer Apply
online at httpsjobssentrycomsearch119871
FULL-TIME LEGAL SECRETARY ASSISTANT
Mid-sized law office is seeking a self-motivated and
highly organized legal secretary with a minimum of 5
years of experience supporting 2 or more attorneys
Position will support multiple attorneys with case
management assistance calendaring state and federal
court filings formatting correspondence and
(Job Bank hellip Continued from page 41)
(Continued on page 43)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 43
pleadings copying mailing and other clerical duties
Optimal candidate will be able to accept and
implement directives maintain focus in hectic
environment keep attorneys informed of progress at
regular intervals and prioritize multiple projects
Working knowledge of MS Word amp Excel required
Associatersquos degree and background in litigation andor
insurance preferred EEOC Please email reacutesumeacute and
cover letter with salary requirements to
admincdslawfirmcom
EXPERIENCED PLAINTIFFS PERSONAL
INJURY LEGAL ASSISTANT
Small growing fast-paced Central Phoenix Personal
Injury Law Firm seeking full-time Legal Assistant to
join our team
Candidate must have excellent skills and 5 years
experience in a Plaintiffs Personal Injury Law Firm
with an ability to perform in a fast paced environment
Bi-lingual (SpanishEnglish) preferred but not
required Position involves significant interaction with
clients and requires attention to detail Good
organizational skills with a strong work ethic are
essential as is the ability to multi-task
Responsibilities include handling a large pre-litigation
caseload interfacing with attorneys and legal
assistants Must be proficient with MS Word Outlook
and Needles Case Management (preferred but not
necessary) Salary is competitive and DOE
Qualified candidates should e-mail resume with a
cover letter detailing their skills employment history
and salary requirements to
acoronadoblakefirmcom
(Job Bank hellip Continued from page 42)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 44
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
NALA Campus LIVE - Live web seminars are offered in two sessions each year FebruarymdashMay and AugustmdashNovember Each ses-sion features about 30 on-line seminars The audio files and handout material are copyrighted by NALA and the authors They are for personal use only Duplication of any of the material or any commercial use is strictly prohibited
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics httpswwwnalaorgcontinuing-educationwebinars NALA Campus LIVE - Live web semi-nars are offered in two sessions each year FebruarymdashMay and AugustmdashNovember Each session features about 30 on-line seminars The audio files and handout material are copy-righted by NALA and the authors They are for personal use only Dupli-cation of any of the material or any commercial use is strictly prohibited
82217 Music Law and Intellectual Property Rights
82417 So the Plaintiffrsquos on Medicare
82017 The ABCrsquos of Special Education
In addition to the Live Webinars NALA has On-Demand Webinar Courses available httpswwwnalaorgcontinuing-educationon-demand-webinar NALA also has a wide variety of available Self-Study courses as well as the Live Webinars You can access the Self-Study courses here httpswwwnalaorgcontinuing-educationself-study Many of these courses are recommended for preparing for the CP exam
NATIONAL BUSINESS INSTITUTE
wwwnbi-semscom
Live Video Webcasts
httpwwwnbi-semscomDefaultaspxVideo-WebcastsNavigationDataSource1=N63782
OnDemand amp Downloads
httpwwwnbi-semscomContentaspxst=ArizonaampNavigationDataSource1=N63932-63947
8817 Probate Boot Camp
8917 Real Estate Title and Conveyance Handling the Top
Issues
8917 Marijuana Business Legal Considerations
81417 Legal Descriptions Title Insurance and Surveys in Real
Estate Transactions
81517 Advanced Custody and Support Issues
81617 Personal Injury Trials 101
82117 Trusts from Start to Finish
82217 How to Get Your Clients Paid Debt Collection 101
82317 Bankruptcy The Ultimate Guide to Chapter 7 and 13
82817 Conflicts of Interest A Practical Legal Ethics Guide
82917 Using LLCs to Protect Assets
83017 Complex Social Security Law Issues
83017 Dealing With Problem Employees A Legal Response
Guide
And many morehellip
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 45
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
Lorman Live Webinars wwwlormancom You can find many more seminars listed at httpwwwlormancomlive-webinar
ON DEMAND WEBINARS
There are many OnDemand Webinars to choose from also
httpwwwlormancomondemand
8317 Electronic Record Retention Mistakes HR
Professionals Can Avoid
8317 HUD Section 3 Compliance Tips for Governments
8417 Paralegals Guide to Unauthorized Practice of Law
8817 Protecting High-Risk Clientsrsquo Assets Against lawsuits
8817 Tips and Tricks to Improve Your Telephone Attitude
8917 Rules and Guidelines When Dealing With Statute of
Limitations
8917 Utilizing Formulas in Microsoft Excel
81017 Early Retirement Incentives Navigating the Legal
Issues
And many more
Maricopa County Bar Association CLE CALENDAR
httpmcbasite-ymcomeventsevent_listasp
LEXIS NEXIS Paralegal Community
has some good information as well
Check it out at httplawlexisnexiscomcommunityportalarticlesdefaultaspxg=QfsTyLJ1USs=ampc=EZggD7hDKLw=
Arizona Bar Association wwwazbarorgCLE
OnDemand CLE
httpsazbarinreachcecomSearchmediaType=494a95bb-1e05-4c5b-a25f-36ad84bd4c39
82217 State Bar of Arizona Course on Professionalism
82317 Steering Clear of Malpractice Road Bumps
82417 Traffic Offenses
82517 Probate Rule 10(E)(2) Subsequent Training for Court-
Appointed Counsel
83017 A Survey of Family Law
And many more
ALA-ABI wwwali-abaorg
The ALI-ABA site has excellent online CLE courses forms printed books MP3 CDROMs CLE DVDs CLE MP3 Downloads CLE Court Materials and Course Papers
81017 Powers of Attorney Latest Legal Developments
81717 Creating and Maintaining a Paperless Practice
Improve Workflow Increase Efficiency
82317 Hot Topics in Legal Ethics
And many more
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 46
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
Organization for Legal Professionals wwwtheolporgeducation
Online Courses
Litigation Support Project Management
Paralegal Management Certificate Program
Project Management in Electronic Discovery
Computer Technology Skills for Paralegals
Legal amp EDiscovery Project Management Course
Institute of Paralegal Education httpipenbi-semscomContentaspxNavigationDataSource1=N63943 Webcasts amp Webinars httpipenbi-semscomContentaspxNavigationDataSource1=Rpp20NspEventDateSort7c1017c17cN63944-4294952056
Webcasts amp Webinars
8217 Medical records Made Easy for Paralegals
8817 Case Management for Paralegals Managing
Documents Files Calendars and Tasks
81717 A Paralegalrsquos Guide to Divorce Cases
82217 The Paralegalrsquos Guide to Probate
82317 Construction Law 101 for Paralegals
82417 Corporate Minute Books A How-To Guide for
Paralegals
82917 Smartphone Apps and Tricks for Paralegals
83017 Managing the Discovery Process A Paralegalrsquos Guide
91217 Paralegalrsquos Guide to Legal Research and Citation
Management
National Constitution Center wwwconstitutionconferencescom
8817 Legal and binding E-Contracts What Works in a Digital World
82117 Retaliation Claims Protect Clients from EEOC Charges amp Private Suits
West Legal Education wwwwestlegaledcentercom
If you know of any other sources for CLE and would like listings to be placed in this
publication please email Newsletterazparalegalorg
- Front Cover
- Table of Contents
- Board of Directors
- APA Announcements
- APA Member News
- 10 Employer Considerations in Light of Arizonas New Paid Sick Time
- Paralegals strike out on firing claims
- Wearable technology Counting the steps to a defense verdict
- August Webinar
- To Lay or Lie
- Sticky Business Etiquette Questions amp Answers
- September Webinar
- Tucson Paralegal Associations 38th Annual Seminar
- The Verdict
- The Brief
- NewBytes
- APA Job Bank
- Got CLE
-
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 6
10 Employer Considerations in Light of
Arizonas New Paid Sick Time
By Steve Biddle and Sarah K Watt
On July 1 2017 all Arizona employees became
eligible to begin accruing ldquoPaid Sick Timerdquo benefits
under the Fair Wages and Healthy Families Act (ldquothe
Actrdquo) For several months following the lawrsquos
enactment on November 8 2016 the Industrial
Commission of Arizona (ldquoICArdquo) the agency charged
with enforcing the Act provided little guidance on
how employers must comply with the new paid sick
time (ldquoPSTrdquo) portions of the law
However over the past few months the ICA has
issued two sets of proposed regulations and created
and regularly updated ldquoFrequently Asked Questionsrdquo
on its website designed to help employers understand
their obligations under the new PST law The
proposed regulations will not be finalized until later
this summer and employers should continue to be
watchful for additional guidance from the ICA In the
meantime because the PST law and implementing
guidance have many nuances this article will
highlight the aspects we most commonly have been
addressing and what companies should consider
doing now
Paid Sick Time ndash General Overview
Beginning on their first day of work all employees
(full-time part-time temporary and on-call) are
entitled to accrue PST at a rate of one hour for every
30 hours actually worked up to an annual cap of 40
hours for ldquolarge employersrdquo (15 or more employees)
or 24 hours for ldquosmall employersrdquo (fewer than 15
employees) unless an employer sets a higher annual
limit
Employees are entitled to use PST in the following
general circumstances (Continued on page 7)
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 7
An employeersquos or family memberrsquos need for
medical care or mental or physical illness injury
or health condition
A public health emergency or
Absence due to domestic violence sexual assault
abuse or stalking
The Act broadly defines ldquofamily memberrdquo to include
the following relationships by blood adoption
marriage or otherwise child parent spouse domestic
partner grandparent grandchild sibling or any other
person whose close affinity is the equivalent of a
family relationship
1 Counting Employees to Determine Employer
Size As noted above the number of employees
determines which annual accrual and use cap applies
A ldquolarge employerrdquo has 15 or more employees
working in Arizona on payroll for some portion of a
day in each of 20 nonconsecutive weeks in the current
or preceding year and a ldquosmall employerrdquo has fewer
than 15 employees working in Arizona
Employers must count all full-time part-time on-call
and temporary workers performing work in Arizona It
should be noted that the ICA previously directed
employers to count all employees regardless of
location to determine employer size This drastic
change of course is a prime example of how fluid the
ICArsquos guidance has been and likely will continue to be
as the realities of implementing the PST law are
realized
2 Year One Prorating Accrual and Use For the
first year of PST the ICA will permit an employer
whose selected ldquoyearrdquo2 ends less than 365 days after
the effective date of July 1 2017 to prorate
employeesrsquo annual PST accrual and usage caps based
on the number of days remaining in the employerrsquos
selected year Prorated accrual and usage caps should
be rounded up to the nearest ldquouserdquo increment
(discussed further below) Thus for a large employer
that uses hourly increments and elects to use a
calendar year (January 1 ndash December 31) employees
need not be given more than 202 hours of PST for
2017
3 PST Use Increments Employers must allow
employees to use accrued PST in the smallest
increment in an employerrsquos payroll system up to one
hour The ICA recently proposed a regulation to
clarify that employers can apply the smallest
increment used to account for absences or other paid
time off and not to the increment used in the
timekeeping system generally
4 Designating Leave as PST Without Employeersquos
Request The ICA has indicated that it will not
pursue enforcement against an employer that
designates an employeersquos time off from work as PST
provided the employer has a good-faith belief the
absence fits within the parameters of PST use If an
employer that has designated leave as PST in good
faith later learns it did so in error the employer should
promptly correct the error
5 PST Use Cannot Count Towards Attendance
Policy Employers may not count an employeersquos use
of PST towards its attendance policy or otherwise as
grounds for taking an adverse employment action
against the employee However an employer may
require employees to comply with established call-in
procedures outlined in a written distributed policy to
provide notice of an unforeseeable need to use PST
provided the employee does not have a reasonable
justification for failing to follow the policy (eg an
emergency)
6 Reporting Requirements ndash Paychecks The law
states employers must include in employeesrsquo regular
paychecks (or in an attachment to the paycheck) (1)
the amount of earned PST available to the employee
(2) the amount of PST taken by the employee to date
in the year and (3) the amount of pay the employee
has received for PST use in the year Recently
however the ICA clarified that an employer that
makes the above information available online (ie via
(10 Employer Considerations hellip Continued from page 6)
(Continued on page 8)
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 8
an email to the employee or through the companyrsquos
intranet) is compliant with the law Further employers
utilizing a general PTO policy are not required to
carve out PST balances for reporting purposes but
rather may report the data from the general PTO
balances
7 Carryover Versus Payout at Year End
Employees must be allowed to carry over up to 40 (or
24 for ldquosmallrdquo employers) hours of accrued unused
PST to the following year However this carried-over
amount will not affect the annual accrual and use caps
as described above Thus a ldquolargerdquo employer need
only allow employees to accrue and use a maximum
of 40 hours of PST per year
However employers have two options to avoid this
carry-over requirement First employers may elect to
pay out accrued unused PST at yearrsquos end but must
make the following yearrsquos PST balance available for
immediate use Second according to a recently
proposed regulation employers that frontload the full
annual allotment of PST at the beginning of a new
year (rather than requiring employees to accrue it
throughout the year) are not required to carry forward
or pay out unused PST
8 Calculating Hourly Rate for PST Payout The
ICA has stated that shift differentials and premiums
such as hazard pay should be included when
determining an employeersquos rate of pay for PST but
overtime holiday pay bonuses incentive pay tips or
gifts do not need to be included The FAQs on the
ICA website also provide direction and examples for
determining the hourly rate for piece-work and
commissioned employees
9 Using a General PTO Policy to Comply with the
PST Law Employers with existing general paid
leave policies (ie PTO) that provide an amount of
paid leave that meets or exceeds the requirements
under the Act and can be used for the same purposes
as provided under the Act are not required to provide
additional PST However there are a number of
reporting and posting requirements specific to PST
As such the practical implication of the new law is
that most employers should update their policies to
account for these potential PST issues
10 Multistate Employers Many employers have
operations in multiple jurisdictions many with
different or conflicting PST laws Accordingly
multistate employers should consider creating a
standalone Arizona PST policy or an addendum for
Arizona employees that explains the parameters of the
Arizona PST law
Conclusion
This article attempts to address the most frequent
questions and concerns we are fielding from
employers large and small However there are many
other issues requirements options and possible
consequences that are best discussed on an
individualized basis As such companies are
encouraged to contact their employment counsel to
discuss their practices to ensure compliance with the
Arizona PST law
(10 Employer Considerations hellip Continued from page 7)
Reprinted with permission of the authors
Steve Biddle and Sarah K Watt of
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 9
1347 N Alma School Road Suite 150
Chandler AZ 85224
Office (602) 347-8503
wwwAZNHFcom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 10
Paralegals strike
out on firing
claims
Law firm employees who shared complaints with
co-workers didnt engage in concerted activity
and werent illegally fired National Labor
Relations Board (NLRB) administrative law
judges (ALJ) decided in two cases on June 30
In an Arizona case McCarthy Law PLC a
paralegal was fired after she commented on a
computer survey that senior officials werenrsquot
sufficiently engaged in law firm management The ALJ found the comment didnrsquot arise out of any
group discussion or employee activity and wasnrsquot protected by the NLRA
In the second case Trey Harlin PC an ALJ acknowledged that the NLRB has found that employee
discussions about sexual harassment can be concerted in nature but she found a Texas legal assistantrsquos
recounting allegedly inappropriate comments to her co-workers wasnrsquot concerted The employee never
asked for help or suggested any group protest action the ALJ found
The two cases illustrated that employees claiming protection under the National Labor Relations Act
show that their discussions about work-related matters were concerted in character and designed to
improve wages or working conditions not merely that they involved two or more employees
To read the complete article Paralegal Legal Assistant Strike Out on Firing Claims by Lawrence
E Dube Bloomberg Law published 732017 visit httpswwwbnacomparalegal-legal-assistant-
n73014461151
The decisions for both cases can be found here
McCarthy Law PLC 2017 BL 227283 NLRB ALJ Case 28-CA-175313 63017
httpwwwbloomberglawcompublicdocumentNLRB_ALJ_Decision_McCarthy_Law_PLC_No_C
A175313_2017_BL_227283doc_id=XJSTNHPC
Trey Harlin PC 2017 BL 327284 NLRB ALJ Case 16-CA-171972 63017)
httpwwwbloomberglawcompublicdocumentNLRB_ALJ_Decision_Trey_Harlin_PC_No_CA171
972_2017_BL_227284doc_id=XJSTNHHC
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 11
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 12
What do a rape claim in Pennsylvania a car accident
in Canada and an arson case in Ohio have in
common In each one ldquowearable technologyrdquo was
used as key evidence to prove or disprove the claim
Wearable technology encompasses devices people
wear which contain smart sensors and wirelessly
connect to smartphones through a web or Bluetooth
connection Certain types of wearable technology can
track a userrsquos activity and store the information for an
unlimited amount of time In civil and criminal
litigation fitness trackers and smart watches are
emerging as a potential source of information which
could provide valuable data for the prosecution or
defense of a lawsuit
Criminal case in Pennsylvania
For example when the police in Pennsylvania were
investigating a claim of rape they pulled the data
from the victimrsquos fitness tracker a Fitbit to
substantiate her story The victim claimed she was
sleeping in her home when an intruder entered her
bedroom and raped her However the Fitbit data
showed that the victim took approximately 1000 steps
after the time she claimed to have gone to bed and
prior to calling 911 The investigating officers
believed that the ldquovictimrdquo staged the crime scene
during those extra steps After completing their
investigation the police charged the supposed victim
with tampering with evidence and filing a false report
Personal injury in Canada
When a personal trainer suffered injuries in an
accident fitness trackers were not widespread Four
years after the accident the personal trainerrsquos lawyers
outfitted her with a Fitbit Force to show the plaintiffrsquos
current level of activity The lawyers gave the data to
Vivametric an analytics company and that data was
compared with the activity of the general population
as determined by ldquoindustry and public researchrdquo
Vivametric takes a single personrsquos data compares it to
Fitbitrsquos databank of collected and stored data from
other wearers and determines whether that person falls
above or below the average In this case the lawyers
are hoping the data will support their claim that the
trainerrsquos activity was below average
Property claim in Ohio
In the arson case the claimant told investigators that
when he saw the fire engulfing his home he packed
some belongings in a suitcase broke a window with (Continued on page 13)
Wearable technology
Counting the steps to a defense verdict By Nanci R Schanerman
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 13
his cane and threw items through the window before
carrying them to his car The claimant also told police
that he had a cardiac pacemaker The police were
suspicious of the firersquos origin They retrieved the
claimantrsquos pacemaker data through a search warrant
The data included the claimantrsquos heart rate pace
demand and cardiac rhythms before during and after
the fire A cardiologist determined that it was highly
improbable due to his medical conditions that the
claimant could do all the collecting packing and
removal of items from his house and then carry them
in the short period of time he indicated In addition
gasoline was found on the claimantrsquos clothing and the
fire started in multiple places The investigators stated
the medical data represented some of the ldquokey pieces
of evidencerdquo in the case
How can litigators use wearable technology in
their every day personal injury cases
The first step as with collecting any evidence in
litigation is to engage in discovery Under Florida
law and similarly in other jurisdictions the rules of
civil procedure state that a party can obtain discovery
regarding any matter ldquothat is relevant to the subject
matter of the pending actionrdquo If a party is claiming
they are injured and are no longer as active as they
used to be the data contained on any fitness or
activity tracking device is obviously relevant The
challenge in discovery will be to limit the scope of the
request to avoid the dreaded ldquofishing expeditionrdquo The
typical objections that could arise when requesting
fitness data are that it is burdensome to produce the
data is protected by a right to privacy and the request
is not limited in time or scope
Overcoming objections
It is easy to overcome these objections for the most
part To overcome a burdensome objection the
requestor can provide a protocol for easy download of
the information For example I created a protocol to
download Applersquos fitness data collected by any
iPhone (Yes iPhones are included as wearable
technology and automatically track a userrsquos activity)
or Apple Watch The protocol outlines step by step
how to extract the raw data and takes less than five
minutes
Until there is well established law regarding the
discovery of fitness tracking data the biggest
roadblock to discovery will most likely be objections
based on a userrsquos right to privacy One way to
potentially overcome this objection is to determine
whether the user shares the information with third
parties Most wearable technology contains a social
aspect where a user shares their data with friends or a
team much like social media Therefore law on
discovery of social media information will be
analogous to the collection of fitness tracking data In
Florida the Fourth District Court of Appeal in the
landmark case of Nucci v Target held that
ldquophotographs posted on a social networking site are
neither privileged nor protected by any right of
privacy regardless of any privacy settings that the
user may have establishedBy creating a Facebook
account a user acknowledges that her personal
information would be shared with othersrdquo Similarly
by opting to share fitness data with friends a user
acknowledges that his or her personal information
will be shared with others A second way to
potentially overcome a privacy objection is by
analogizing the fitness data with medical data
contained in medical records A plaintiffrsquos medical
records have long been considered discoverable to
prove a plaintiffrsquos injuries
Admissibility
After discovery of the data the next step is to lay the
foundation for admissibility at trial The foreseeable
challenges to admissibility are most likely going to be
the authentication of the data and the accuracy of the
data There are several ways to authenticate the data
such as questioning the user identifying data unique
to the use of the device like references to a particular
fitness goal or hiring a computer forensic expert
Proving the accuracy of the data will be a bigger
problem For example Apple admits that its heart rate
data is flawed If anything is blocking the LED lights
on the back of the watch which measure the heart rate
such as tattoos or irregular skin perfusion the heart
rate reading will not be accurate Similarly Apple
states on its website that water immersion while
swimming could interfere with accurate heart rate
data Furthermore irregular movements can confuse
(Wearable Technology hellip Continued from page 12)
(Continued on page 14)
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 14
any device Fitbit has also had the accuracy of its heart
rate data questioned in a class action filed in 2016
currently pending in Northern District of California In
the suit consumers from California Colorado and
Wisconsin allege that the heart rate tracking in the
Charge HR and the Surge two products that came to
market in 2015 is inaccurate by a significant
margin especially during periods of intense exercise
Overcoming challenges to accuracy of the data will
surely interfere with its admissibility but it would still
certainly be worth trying to admit overall trends in the
data instead of an exact number of steps walked in a
day or beats per minute of a personrsquos heart
With all of this in mind the challenge will be to find a
plaintiff pursuing a claim who utilizes a fitness
tracker This may become less of a challenge in the
next few years as experts predict fitness trackers and
smart watches will increase in the market by 195
million units by 2020 Furthermore employers and
insurance companies are outfitting people with
wearable technology to reduce risks and work place
injuries Several health insurance companies are
offering discounts to people who utilize this
technology and submit it to show a healthy and active
lifestyle
Wearable technology is constantly evolving and
getting better with each generation It will be
interesting to see what happens when the law catches
up and whether this data will become a regular part of
personal injury litigation much like social media
discovery
Reprinted with permission of the author
Nanci R Schanerman of
(Wearable Technology hellip Continued from page 13)
Mike McCrary Discovery Consultant
mmccraryfronteocom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 15
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 16
Join us on WEDNESDAY August 9 2017 at 1200 PM for this one-hour CLE webinar by Dr Arthur Eckstat ldquoWill That Product Liability Personal Injury Claim Prevailrdquo
What yoursquoll learn
Whether you are the team pursuing a product liability personal injury claim or defending against one the
criteria for prevailing is much the same Yoursquoll learn the criteria for a valid product liability claim and further
examine red flags that can affect your ability to prevail and suggestions on how to manage them
Criteria and Red Flags discussed include but not limited to
This webinar qualifies for 1 hour of CLE credit
Cost $25 for APA members $30 non-members
LAST DAY TO REGISTER FRIDAY AUGUST 4 500 PM
Identifying party(s) responsible Evidence collecting and protecting
How and why did the injury occur Expert witnesses ndash need types roles
What really happened despite story Interrogatories ndash Use and abuse
Likelihood of substantiating negligence Costs of pursuing or defending a claim
Strict Liability criteria for prevailing Contingency fee considerations
Identifying designmanufacturing defect
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 17
Our Speaker
Dr Arthur Eckstat
Engineering Consultant and Expert Witness
Dr Arthur Eckstat has served as an Engineering Consultant amp Expert Witness for over 15 years specializing
in Products Liability Personal Injury matters including wrongful death Art is often approached by plaintiff
attorneys to support what would be an unwinnable claim He created Lawsuit Consultant
(wwwlawsuitsconsultantcom) to help Products Liability Plaintiff Attorneys learn how to choose craft and
conduct winning cases while identifying and avoiding losing or under-performing cases That service
expanded to helping Defense Attorneys and insurance companies learn how to determine the validity of injury
claims Regardless of which side of an injury claim yoursquore representing two primary questions are ldquoHow was
the claimant injuredrdquo and ldquoWhy was the claimant injuredrdquo
Art possesses a Mechanical Engineering degree and an earned Doctorate He took early retirement from the
corporate worlds of Automotive and Aerospace engineering where he received international recognition and
accolades from both internal and external customers for his unique ability to see and explain what others have
missed He has successfully bridged the breach between Academic and Practitioner Art was honored as a
Contributor to Aviation History by Donald Engen Director of the Smithsonian National Air and Space
Museum in a ceremony held at the museum in Washington DC
DEADLINE TO REGISTER August 4 at 500 pm
Premier Designs Jewelry
Kathy Hanchette
Beyond Diva Jewelry
602-264-2230
wwwArizonaCourtReporterscom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 18
A degree above all others
12th Street and Missouri
Phoenix AZ 85014
(602) 212-1445
mbatranscriptazcoxnet
Serving local and national clientele with their
legal and general transcription needs
including civil criminal personal injury
family law as well as assisting in other areas
of law
INTEGRATED MEDICAL EVALUATIONS INC
401 W Baseline Rd Suite 206
Tempe AZ 85283
6023650132
wwwimewestcom
I avoid looking I avoid looking I avoid looking
forward or forward or forward or
backward and backward and backward and
try to keep try to keep try to keep
looking upward looking upward looking upward Charlotte BronteCharlotte BronteCharlotte Bronte
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 19
Many have a problem with lie or lay How do you know when to use which one
Lay (lay laid laying) means ldquoto putrdquo or ldquoto placerdquo Because itrsquos a verb (action word) it requires an object to
complete the meaning
Please lay the groceries on the counter
She laid her resignation letter on the bossrsquos desk
He is always laying his schoolbooks on the kitchen table
Lie (lie lay lain lying) means ldquoto recline rest or stayrdquo or ldquoto take a position of restrdquo Unlike lay which re-
quires it lie cannot take an object
She said she was going to lie on the bed to test the mattress
The pleading was lying on his desk for him to sign
A way to remember the difference is that if you can replace the questionable lie or lay with place (or the correct
version of it) then you need to use the correct version of lay If it doesnrsquot use the correct version of lie
She wanted to (lay or lie) down for a nap Would you say ldquoShe wanted to place down for a naprdquo No So
the proper word would be lie
He (laid or lay) the coffee on his secretaryrsquos desk Is it ldquoHe placed the coffee on his secretaryrsquos deskrdquo Yes
Then laid is correct
Another reminder hint might be if you are going to plAce something then you are going to lAy it but if you
are going to rEst you are going to liE
Thanks to Kathy Sieckman PP PLS-SC ACP of wwwProofthatblogcom for the above
To Lay
or Lie
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 20
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 21
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 22
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 23
Occasionally we all come across
situations in which we wonder
Would Miss Manners approve But
in the digital age of social
networking the etiquette lines can
become even blurrier Following are
some common sticky business
etiquette questions and tips to help
tackle them
Social Media
Should I personalize my LinkedIn requests to
connect with others
Its perfectly fine to use the form letter and in fact
most people do it for convenience even when
connecting with close contacts But if you wish to
connect to someone you havent seen in a while take
the time to personalize the message and explain how
youve met
How do I keep my manager from getting wind of
my job search using LinkedIn
If you consistently have a voice share opinions and
articles and tend to your audience and your network
as a daily routine mdash and not just when youre looking
for work mdash then when its time to find that next career
opportunity none of your activity will look out of the
ordinary But its not smart to immediately update your
LinkedIn profile by adding a large number of new
contacts fleshing out your profile and soliciting
recommendations Adjust your settings so you dont
broadcast activity youre not willing to share Pay
particular attention to the Opportunity Preferences
section under Contact Settings If you say you are
interested in career opportunities you could be
sending a red flag to your manager You can gain
exposure among your peers by joining groups related
to your professional field Many recruiters are
members and scan the roster for potential hires
Contribute to the discussion and establish yourself as a
subject matter expert to catch their interest
Should I friend my boss or coworkers
This is the $64000 question and the feelings of those
on the receiving end may provide the answer (See
Thinking About Friending Your Boss on
Facebook on Page 10 of Business Etiquette The
New Rules in a Digital Age) If you do connect utilize
privacy settings and different friend lists to control
how mdash and with whom mdash you share content Be
sensitive to your professional environment some
industries or companies are much more engaged in
digital networking than others If youre starting a new
job take your cue from others before sending out
friend requests to your new colleagues
Can Facebook postings hurt my job search
A good rule of thumb is to always post prudently If
you dont want your employer to see it get rid of it A
recent survey by our firm revealed that 44 percent of
executives review the Facebook presence of potential
hires Even if your account is just for fun keep it in
check To put your Facebook on a privacy lockdown
click on the drop-down Account menu in the top
right corner and select Privacy Settings Keep in
mind that Facebook may change its privacy features at
(Continued on page 24)
Sticky Business Etiquette Questions amp Answers
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 24
any time and you might not be aware of the changes
when they occur Always assume that anything you
post online may become public
Should I use Facebook at work
Maybe if its for work-related purposes and not just
keeping your friends updated on your weekend
activities Then again maybe not Thirty-eight percent
of chief information officers interviewed by Robert
Half have implemented stricter social networking
policies as these tools have become more prevalent in
the workplace If youre not sure what rules your firm
has in place check with your manager or human
resources representative Your best bet is your own
good judgment Just as you would expect to restrict
personal phone calls or conversation at work you
should limit personal use of social networking
platforms too
Whats the right way to decline a request to
connect with someone
While an automated No thank you could make our
lives easier no response at all might be your best bet
Dont feel pressured to connect with someone you
would rather not form a relationship with and dont
feel the need to explain your decision If you expect
you might run into the individual in person be
prepared in case you are confronted about it Simply
click Ignore especially if the person is a stranger
If someone follows me on Twitter should I
automatically follow him or her back
No because you may end up unfollowing the person
later Before following people check out their feed
bio and previous tweets to get a sense of them or their
organization and determine if youll be interested in
seeing the kind of content they share Although its
considered good etiquette to follow someone back
dont do it indiscriminately Its your feed and you
want to make it valuable to you
Emails and Conference Calls
Uh oh I sent a confidential email to the wrong
person What do I do now
Its not a lost cause and there are a few steps you can
take First try to use the recall function of your email
program But keep in mind that not all applications
offer this option and various factors can affect how
successful it is If this step doesnt solve the problem
you need to limit the impact of your mistake Contact
those who are affected the recipient and possibly the
person to whom you intended to send the message
Explain your error and if you need their help
correcting it You also may need to inform your
manager of the mistake
How responsive should I be to e-mail when Im on
vacation
It depends on whether you want to have a real
vacation If your Out of Office says youre not
checking e-mail on vacation dont check and respond
to messages Doing so changes expectations and
implies youre more accessible than you said youd be
Instead be considerate to others needs while you are
out and list a back-up contact in your Out of Office
auto response
I forgot to attach a file before sending an emailhellip
again How can I avoid this in the future
Slow down Everyone forgets to attach a file from
time to time because theyre in a rush But repeatedly
making this mistake can cause your colleagues to
question your attention to detail Going forward try
attaching your file before you compose your message
This way you can be sure it makes it to the recipient
Just make sure you attach the right file
How can I prevent my colleagues from scheduling
conference calls over lunch
Everyone should have a chance to eat lunch Often
people simply look for an open spot on others
calendars when scheduling a meeting So you might
consider blocking out your lunch hour to ensure you
have time to grab a bite to eat Although it may be
unavoidable to meet during this time on occasion you
might find that this simple step helps you out
Thanks to Robert Half for this information To learn more about
Robert Half visit wwwroberthalfcom
(Sticky Business hellip Continued from page 23)
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 25
3150 N 24th Street
Suite D-104
Phoenix AZ 85016
6022569700
The Nationwide Legal LLC team provides a
broad spectrum of comprehensive legal support
services at an unparalleled level of quality NWL
utilizes state-of-the-art technology to deliver
practical and cost-effective solutions for all of
your legal support service needs wwwNationwideASAPcom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 26
BILLING
BLUNDERS AND
FEE AGREEMENT
ESSENTIALS Speaker
Lynda C Shely
Esq
Ethics Lawyer
Speaker
Consultant
APA WEBINAR
Wednesday September 13 2017
1200-100 pm
COST APA Members $25 (or use your free 2017 webinar coupon) All others $30
This webinar qualifies for 1 hour Ethics CLE credit
Lynda C Shely of The Shely Firm PC Scottsdale Arizona provides ethics advice to over 1500 law firms in Arizona and the
District of Columbia on a variety of topics including conflicts of interest fees and billing trust account procedures lawyer
transitions multi-jurisdictional practice ancillary businesses and ethics requirements for law firm advertisingmarketing She also
assists lawyers in responding to initial Bar charges performs law office risk management reviews and trains law firm staff in
ethics requirements Lynda serves as an expert witness and frequently presents continuing legal education programs around the
country Prior to opening her own firm she was the Director of Lawyer Ethics for the State Bar of Arizona Prior to moving to
Arizona Prior to moving to Arizona Lynda was an intellectual propertyantitrust associate with Morgan Lewis amp Bockius in
Washington DC Lynda received her BA from Franklin amp Marshall College in Lancaster PA and her JD from Catholic
University in Washington DC
Lynda was the 2015-2016 President of the Association of Professional Responsibility Lawyers She serves on several State Bar of
Arizona Committees and as a liaison to the ABA Standing Committee on Ethics and Professional Responsibility She is an
Arizona Delegate in the ABA House of Delegates Lynda has received several awards for her contributions to the legal profession
including the 2007 State Bar of Arizona Member of the Year award the Scottsdale Bar Associationrsquos 2010 Award of Excellence
and the 2015 AWLA Maricopa Chapter Ruth V McGregor award She is a prior chair of the ABA Standing Committee on
Client Protection and a past member of the ABArsquos Professionalism Committee and Center for Professional Responsibility
Conference Planning Committee Lynda was the 2008-2009 President of the Scottsdale Bar Association She has been an adjunct
professor at all three Arizona law schools teaching professional responsibility
LAST DAY TO REGISTER FRIDAY September 8 2017 at 500 PM
Click Here to Register httpazparalegalorgevent-2588123
Ethical and practical considerations for all firms ndash even those that think they do not need to
track hourly time Lynda will review what clauses are mandatory for all fee agreements in Ar-
izona as well as clauses that will help with client communications and expectations Billing
tips will go over the five things to never do in a time entry why block billing is prohibited in
Arizona how to get paid faster and common mistakes made in client invoices
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 27
WOOLSTON amp TARTER PC AUDIT DEFENSE amp TAX LITIGATION
Congratulations to the Arizona
Paralegal Association on 40
successful years of promoting the
paralegal profession
In just about every area of society therersquos nothing more important than ethics
Henry Paulson
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 28
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 29
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 30
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 31
Jason Bagley
Senior Territory Manager
(602) 559-4587
jasonbagleylexisnexiscom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 32
GENDER EQUALITY
The process of voir dire sometimes includes
subtle and not-so-subtle attempts at gender
stacking of jurors to prevent or create bias
toward a plaintiff Other demographic factors
may be more influential but gender is still
important though not necessarily in the way
one would suspect
The accompanying chart based on California New York and Texas cases reported to VerdictSearch depicts
plaintiffsrsquo winning percentages according to the plaintiffrsquos gender and the juryrsquos composition Bias is evident
but it is not dependent on the plaintiffrsquos gender
Any plaintiffrsquos winning percentage is substantially greater when his or her case is heard by a female-
dominated jury rather than a male-dominated jury or a gender-neutral jury The takeaway All other factors
being equal plaintiffs are best served by female jurors The equation flips when it comes to awarding
damages but thatrsquos a topic for another study
Thank you to Verdict Search for this analysis To learn more about VerdictSearch visit
wwwVerdictSearchcom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 33
Vol 13 No 8 August 2017
Fees Increase in One Week
Most filing and service fees will increase on Wednesday August 9 2017 Documents submitted for filing that are received by the Clerks office (file counter by mail or through a filing depository box) on or before August 8 will be subject to the current fees Documents received for filing on and after August 9 will be subject to the new fees Fees are posted on the Clerkrsquos website at httpwwwclerkofcourtmaricopagovfeesasp
Appeal and Cost Bond Info Online
Court rules statutes court orders or other authorities may require posting appeal or cost bonds with the Clerks Office Depending on the type of issue the parties the complexity of the case and other factors years can pass between the bond posting date and resolution of related issues During that time parties attorneys and the courts may overlook issuing a court order releasing the money The Clerks Office holds the funds until a court order directs the Clerk specifically what to do with those funds The Clerkrsquos Office has now posted lists online of bonds posted with the Clerks Office where the need for the bond may have ended and no court order was filed allowing the Clerk to return the money If you or your clients posted an appeal or cost bond in any case it is worth checking if funds are still on hold
Customers can search the online lists by party name or case number A party or their attorney must file a petition with the court requesting an order be issued directing the Clerk to release these funds The Clerks Office will only release money by court order and only as specifically directed in the order For more information about the deposit or release of these funds including specific information the Clerkrsquos Office needs before releasing money see the Clerkrsquos website at httpwwwclerkofcourtmaricopagovrelease_bondsasp The Clerks Office will only assist parties to a case or their attorneys Third-party vendors personal representatives and other non-parties must be named in a court order to obtain detailed information or to receive a payment check
Law Library Resource Center Filings Grow by Leaps and Bounds
Last year the Superior Court in Maricopa County renamed relocated and expanded its self-service center into the Law Library Resource Center (LLRC) The Clerkrsquos Office staffs a filing counter within the downtown Phoenix LLRC to allow customers a one-stop-shop for research drafting and filing court documents Filings within the LLRC have gone up every month since its establishment In January 2017 the file counter handled 406 transactions and nearly doubled that volume by the end of March 2017 with 802 transactions In June the file counter processed more than 1000 transactions Clerk staff at this window can process fee deferral applications adding to customersrsquo onsite convenience For more information about the LLRCrsquos services locations and other details see the Superior Courtrsquos website at httpswwwsuperiorcourtmaricopagovSuperiorCourtLawLibraryResourceCenter
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 34
THANK YOU
Our Charity Raffle Prize Drawing for this beautiful quilt donated by the Emmanuel Lutheran Quilters of Prescott Valley Arizona raised $350
All proceeds have been provided to Feed Hungry Children Program in Prescott Valley Arizona
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 35
Paralegal robot reviews patent documents There is a new software RoboReview that helps patent
lawyers draft applications that are more likely to pass muster with the USPTO It automates paralegal
work bringing more rigor to the task of researching prior art and potentially saving thousands of dollars
on a filing Typically this review is done by humans doing multiple searches To read more visit the
ABA Journal httpwwwabajournalcomnewsarticlepatent_document_robot_legal_review
Paralegal cries after being charged with stealing $12 million from law firm The paralegal was an
office manager for a law firm in downtown Toledo where prosecutors allege she embezzles money from
the firm and from the trust account of a disabled client between 2008 and September 2015 The suit
claims that the paralegal forged signatures and falsified bookkeeping software and other records to steal
from the firm The paralegal cried throughout the bond hearing She has been fired To read more about
this case visit httpwwwtoledobladecomCourts20170712Bond-set-at-100K-for-office-manager-
charged-with-embezzling-1-2Mhtml
Paralegal re-appointed to Florida Bar Section Priscilla Horn Warren a nationally and Florida
certified paralegal will continue to serve on the States Solo and Small Firm Section as their paralegal
representative for 2017-2018 term Warren has continuously served as paralegal liaison with the section
since 1995
Law Firm not liable for paralegal mistake on $15 bn loan A New York Judge found that the firm did
not owe a duty of case to third parties The paralegal had accidentally cancelled the security interest of a
$15 billion loan to General Motors The firm did not represent the lenders and as such did not owe a duty
to third parties JP Morgan Chase acted as lenders and its lawyers also missed the mistake The mistake
was only noticed when GM filed for bankruptcy protection in 2009 To read more visit
httpwwwgloballegalpostcombig-storiesmayer-brown-not-liable-for-paralegal-mistake-on-$15-bn-
loan-73921531
Lawyer and paralegal arrested after being found with meth pipes and other drug paraphernalia
The attorney claimed that the equipment didnt belong to him (my paralegal did it defense) To read
more visit httpwwwarkansasmatterscomnewslocal-newsconway-lawyer-and-paralegal-arrested-on-
drug-possession769588833
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 36
DIAMOND SPONSORS
National Health Finance
ABI Document Support Services
RUBY SPONSORS
Nationwide Legal Inc
Vocational Diagnostics Inc
EMERALD SPONSORS
MBA Legal Transcription
First Legal Network
LexisNexis
Coash amp Coash
Robert E ldquoBobrdquo Underdown The Insurance Archaeologist
Jones Skelton amp Hochuli
THANK YOU TO OUR SPONSORS AT OUR ANNUAL LEGAL CONFERENCE AND 40TH ANNIVERSARY CELEBRATION
Thank you to the individuals and businesses that support the Arizona Paralegal
Association in our efforts to promote and educate the paralegal community by
becoming Legal Seminar Sponsors The assistance of our sponsors has been vital in
bringing educational programs to paralegals across Arizona This Legal Seminar would
not be possible without the help of the sponsors and we hope you will join us in
PEARL SPONSORS
Compex Legal Services Inc
Kathy Hanchette Premier Designs
Robson Forensic
Parasec
Iron Mountain
Litigation Services
Fronteo
The Morton Group
Integrated Medical Evaluations Inc
Elite Medical Experts
Lynn Tofaute Yanbal Jewelry
Griffin amp Associates
Discovia
Woolston amp Tarter PC
Ottmar amp Associates
Ballard Spahr LLP
DTI Global
Thank you to these Northern Arizona sponsors who have generously donated
prizes for the Arizona Paralegal Association drawing
Murphyrsquos Restaurant Prescott Arizona
Susanne Chacon Scentsy 9287108777
Yavapai Title 9284452528
Mangum Pearce Court Reporting 9284451909
Prescott Law group PLC 9284451909
Emmanuel Lutheran Quilters Prescott Valley
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 37
Congratulations to the Arizona Paralegal Association on 40 years
1 East Washington St Suite 2300
Phoenix AZ 85004
602798-5400
wwwballardspahrcom
6024851488
wwwOtmarAssoccom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 38
APA MEMBER JOB BANK
DONrsquoT FORGET TO CHECK OUR ONLINE
JOB BANK FOR UP-TO-DATE JOB LISTINGS
at httpwwwazparalegalorgjobbank
[In order to view the online Job Bank you must login
to our new website (using your email and password)
If you experience any difficulty logging in please
contact membershipazparalegalorg for assistance]
PARALEGAL - BANKRUPTCY LITIGATION
Position Overview
Under the supervision of one or more lawyer(s) the
Paralegal assists in the delivery of quality efficient
and accessible legal services in the bankruptcy real
estate corporate andor commercial litigation practice
groups
Responsibilities
Draft routine pleadings statements affidavits
andor other legal documentation as appropriate at
the specific direction of attorneys
Prepare initial drafts of legal documents for
bankruptcy proceedings including case captions
and simple pleadings such as claim forms requests
for notice or judicial notice etc
Arrange Court Call appearances communicates
and cooperates with Court clerks on filings and
appearance requirements and interacts with Court
personnel as necessary to serve client needs
Prepare initial drafts of fee applications when
representing estate professionals and oversecured
creditors in bankruptcy cases and in connection
with fee awards in other litigation contexts
including exhibits and declarations in support
Compile documents in connection with appeals
including designations and indexes of the record
district court elections and requests for transcripts
Draft notices of appearance substitutions of
counsel documents pro hac vice applications and
corporate ownership statements
Assist with discovery-related filings including
Bankruptcy Rule 2004 examination applications
notices and orders subpoenas and notice of
servicecompliance
Manage non-judicial trustees sale process
including security instrument review public
record filing review notice drafting service
completion bid compilation sale procedures
communications with interested parties deed upon
sale drafting and all necessary public recording
and filing
Perform ECF filings and review local rules for
pleading forms notice and service requirements
Fulfill duties to deliver court copies courtesy
copies lodged order uploads in pdf or Word and
complies with all local rule requirements
Organize index and track large numbers of
documents including development of information
(Continued on page 39)
DO YOU KNOW OF A PARALEGAL POSITION AT YOUR PLACE OF EMPLOYMENT
If so advise your employer that the APA offers ad space for paralegal jobs to employers free of charge To place a job bank ad or for information on a job send an e-mail to Betsy Wolf at jobbankazparalegalorg
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 39
APA MEMBER JOB BANK
retrieval systems performs all case management
functions
Perform calendaring or docketing of information
as needed
Research and obtain information from various
courts administrative bodies public information
sources etc
Performs electronic research using PACER court
websites Westlaw and Lexis in addition to
Shepardizing and Bluebooking citations
Coordinate efforts with trials and hearings such as
taking notes handling exhibits organizing and
gathering factual information etc
Attend trials or client meetings as needed inside
and outside the office that require face-to-face
contact
Coordinate vendors in conjunction with a project
such as court reporters process servers copy
vendors etc
Track time in DTE and assures that services
provided are properly charged to the client
Track expenses for travel client meetings and
court appearances
Essential Job SpecificationsQualifications
Familiarity with pleading notice and service rules
triggered in Chapter 7 and 11 Bankruptcy Courts
Familiarity with Uniform Commercial Code
enforcement process and procedures
Familiarity with basic corporate formation
practices and procedures
Ability to perform ECF filings
Excellent computer skills including Word Excel
PowerPoint and database applications
Ability to deal professionally with all levels of
clients both internally and externally
Proven ability to solve problems work
independently and tackle projects with minimal
supervision
Ability to be flexible meet deadlines handle
pressure and adapt to changing work priorities
work flow and work assignments
Ability to effectively and respectfully
communicate verbally and in writing with other
staff lawyers management and clients
Ability to organize a large amount of data and files
into an efficient system (both electronic and
hardcopy) for easy filing and retrieval
Ability to maintain confidences as well as build
confidences and trust
Ability to pay close attention to detail
Ability to work overtime up to 10 or more hours
per week
Ability to work off-site at client location(s) for
extended periods of time
Requires the ability to regularly report to work on
the days and times scheduled or alternatively to
work flex hours depending on lawyer and client
needs
Physical Demands
Ability to work in a typical office environment and
lift up to 25 lbs NOTE Reasonable
accommodations may be made to enable
individuals with disabilities to perform the
essential functions
Travel
Ability to travel locally
EducationExperienceCertifications
Bachelors Degree andor Paralegal Certificate
Minimum of two years experience with
bankruptcy and litigation practice(s) at a law firm
Disclaimer
The above statements are intended to describe the
general nature and level of work being performed by
the incumbent in the position They are not intended
to be an exhaustive list of all responsibilities duties
and skills of the employee Duties and responsibilities
may change at any time with or without notice
(Job Bank hellip Continued from page 38)
(Continued on page 40)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 40
How to Apply Please send resume to
lisaspannbryancavecom
Equal Opportunity Employer
LITIGATION PARALEGAL - INSURANCE
DEFENSE
Jones Skelton amp Hochuli is seeking an ambitious
paralegal with 5+ years of experience in general civil
litigation and experience in State and Federal courts
The ideal candidate will have a stable work history
and exceptional communication and organizational
skills We offer a competitive salary and benefits
package and a team-oriented working environment
Please email your resume to Recruitingjshfirmcom
AAEOE
EXPERIENCED LITIGATION PARALEGAL
Dickinson Wright PLLC (Phoenix office) is in need of
a litigation paralegal
Requires a minimum of three yearsrsquo recent experience
in Arizona law
Job Description
Organize and synthesize information through the
preparation of summaries chronologies reports
spreadsheets
Draft and review routine legal documents (eg
privilege logs exhibit lists discovery disclosures
etc)
Assist attorneys on cases by providing
computerized support to help them plan organize
research analyze argue and present their cases in
a more cost and time efficient manner
Provide the day-to-day support of data
management
Assist attorney in trial preparation and set-up of
electronic equipment in the courtroom provides
court assistance as required
Assist with managing cases projects on various
levels and at various stages of the litigation
process
Candidates must have excellent communication skills
for contacting clients experts and other outside
parties have knowledge of state and federal court
rules procedures and e-filing requirements drafting
be self-motivated a team player proficient in MW
Word Outlook 2010 and a working knowledge of
document management systems Relativity and Trial
Director experience is a must
EducationalExperience requirements
Paralegal certificate from ABA school or
certification
We offer a competitive salary and benefits package
and an outstanding work environment All candidates
must submit a cover letter resume and salary history
Please email resumes to
LMandellDickinsonwrightcom
EXPERIENCED FAMILY LAW PARALEGAL
Cantor Law Group an AV-rated six-attorney family
law firm located in downtown Phoenix seeks a sharp
paralegal with at least two years of recent Arizona
family law experience In this position you will work
closely with an associate attorney to manage a case
load of 40+ cases covering a wide range of domestic
relations issues Experience with high-asset andor
DCS cases is a plus Must be a strong writer able to
draft pleadings and correspondence Exceptional
people skills are needed as there is a great deal of
client contact
An attractive compensation and benefits package is
available for the right candidate In addition to a
competitive salary and bonus opportunities we offer
an outstanding benefits package including ten paid
(Job Bank hellip Continued from page 39)
(Continued on page 41)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 41
holidays per year ten days paid vacation days yearly
five days personal paid time off yearly as well as the
availability of medical dental vision and life
insurance A 401K with a very generous employer
match is offered after one year
Requirements
2 years recent Arizona family law experience
Proactive able to handle and direct caseload with
minimal supervision
Attention to detail and excellent follow-up
Excellent analytical capabilities amp writing skills
able to draft substantive motions for attorney
review
Work well as a member of a fast-paced team
Professional appearance demeanor and attitude
Great client relations skills
Excellent computer skills including proficiency in
MS Word and other MS Office applications
Paralegal certification preferred (not required)
Knowledge of Time Matters or other case
management software a plus
Please send resumes to hrdmcantorcom
EXPERIENCED CRIMINAL DEFENSE
PARALEGAL
The Law Offices of David Michael Cantor an AV
rated criminal defense firm in Downtown Phoenix is
seeking an experienced paralegal with felony amp
misdemeanor experience to work closely with our
attorneys Our practice includes the full spectrum of
criminal charges and you will have the opportunity to
work on cases involving drug charges violent crime
sex offenses white collar crime property crime and
DUIs
The job
Proactively manage a substantial caseload without
direct supervision
Prepare and file pleadings according to attorney
instructions
Prepare trial notebooks and handle all trial prep
work
Create high quality correspondence and other
documents with little to no supervision
Maintain professional relationships with law
enforcement and prosecutors
Provide excellent customer service for our clients
Support 1-2 attorneys
We offer
Competitive compensation
Outstanding benefits including medical dental
vision lifeADampD coverage
401K with generous employer match
Paid vacation and sick time
Ten paid holidays per year
You
2+ years of private Arizona defense experience
handling both misdemeanor and felony charges
Familiar with Arizona courts and MVD
Proactive ndash needs little supervision
Great follow-up skills and attention to detail
Excellent writing skills
Professional appearance and behavior
MS Word and other MS Office applications
Keyboard speed 50+ wpm
Reliable
Enjoy being a member of a friendly team of
professionals
Experience with Abacus or other case
management software desirable
Please send resumes to hrdmcantorcom
PARALEGAL
Sentry Insurance is looking for a Paralegal to provide
litigation and administrative support to our Staff
(Job Bank hellip Continued from page 40)
(Continued on page 42)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 42
Counsel operation If you are looking for a career
with great potential choose the company with the
strength and stability to offer it all
What Yoursquoll Do
As the Paralegal yoursquoll assist the attorney staff by
performing legal activities which do not require
attorney signature client advise or appearances in
court In addition yoursquoll
Assist in the preparation of responses to discovery
under direct supervision of an attorney
Perform factual investigations and document
searches
Obtain investigative materials and policy
information
Contact insureds and other witnesses to obtain
factual statements
Coordinate scheduling of litigation activities and
witness appearances
What it Takes
Associate Degree or equivalent work experience
2-5 years of related work experience at least one
year in litigation practice
American Bar Association-Certified Paralegal
Training
Advanced knowledge of case management and
knowledge of and ability to perform legal
research
Experience with resources such as Westlaw and
Lexis
Strong analytical ability and knowledge of
litigation processes
Strong organizational and communication skills
Ability to maintain confidentiality
Strong working knowledge of the Internet
PowerPoint Excel and Word and familiarity with
legal case management software (ProLaw Clio
etc)
Ability to work independently and in multi-
jurisdictional venues
Must be able to meet travel requirements of the
job
What Yoursquoll Receive
We offer an outstanding array of benefits for our
associates including
Competitive Compensation
Group Medical Dental Vision and Life benefits
Generous Paid-Time Off - including Company
Holidays
401k plan with a dollar-for-dollar match on your
first six percent ndash immediate vesting
Access to more than 100 certification designation
and licensing courses
Career advancement opportunities
Why Sentry Insurance
Sentry employees have been helping individuals and
businesses build and protect their futures since 1904
Because of the trust placed in us Sentry is one of the
largest and strongest mutual insurance companies in
the United States and is rated A+ by AM Best the
industrys leading rating authority Sentry offers a full
line of property casualty and life insurance products
to protect businesses cars homes lives and retirement
incomes
So make the right choice - with great potential for
growth an outstanding 401(k) program and a schedule
that offers you a balance between your work and life
choose the company with the strength and stability to
offer it all Choose Sentry Insurance Sentry
Insurance is an Equal Opportunity Employer Apply
online at httpsjobssentrycomsearch119871
FULL-TIME LEGAL SECRETARY ASSISTANT
Mid-sized law office is seeking a self-motivated and
highly organized legal secretary with a minimum of 5
years of experience supporting 2 or more attorneys
Position will support multiple attorneys with case
management assistance calendaring state and federal
court filings formatting correspondence and
(Job Bank hellip Continued from page 41)
(Continued on page 43)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 43
pleadings copying mailing and other clerical duties
Optimal candidate will be able to accept and
implement directives maintain focus in hectic
environment keep attorneys informed of progress at
regular intervals and prioritize multiple projects
Working knowledge of MS Word amp Excel required
Associatersquos degree and background in litigation andor
insurance preferred EEOC Please email reacutesumeacute and
cover letter with salary requirements to
admincdslawfirmcom
EXPERIENCED PLAINTIFFS PERSONAL
INJURY LEGAL ASSISTANT
Small growing fast-paced Central Phoenix Personal
Injury Law Firm seeking full-time Legal Assistant to
join our team
Candidate must have excellent skills and 5 years
experience in a Plaintiffs Personal Injury Law Firm
with an ability to perform in a fast paced environment
Bi-lingual (SpanishEnglish) preferred but not
required Position involves significant interaction with
clients and requires attention to detail Good
organizational skills with a strong work ethic are
essential as is the ability to multi-task
Responsibilities include handling a large pre-litigation
caseload interfacing with attorneys and legal
assistants Must be proficient with MS Word Outlook
and Needles Case Management (preferred but not
necessary) Salary is competitive and DOE
Qualified candidates should e-mail resume with a
cover letter detailing their skills employment history
and salary requirements to
acoronadoblakefirmcom
(Job Bank hellip Continued from page 42)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 44
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
NALA Campus LIVE - Live web seminars are offered in two sessions each year FebruarymdashMay and AugustmdashNovember Each ses-sion features about 30 on-line seminars The audio files and handout material are copyrighted by NALA and the authors They are for personal use only Duplication of any of the material or any commercial use is strictly prohibited
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics httpswwwnalaorgcontinuing-educationwebinars NALA Campus LIVE - Live web semi-nars are offered in two sessions each year FebruarymdashMay and AugustmdashNovember Each session features about 30 on-line seminars The audio files and handout material are copy-righted by NALA and the authors They are for personal use only Dupli-cation of any of the material or any commercial use is strictly prohibited
82217 Music Law and Intellectual Property Rights
82417 So the Plaintiffrsquos on Medicare
82017 The ABCrsquos of Special Education
In addition to the Live Webinars NALA has On-Demand Webinar Courses available httpswwwnalaorgcontinuing-educationon-demand-webinar NALA also has a wide variety of available Self-Study courses as well as the Live Webinars You can access the Self-Study courses here httpswwwnalaorgcontinuing-educationself-study Many of these courses are recommended for preparing for the CP exam
NATIONAL BUSINESS INSTITUTE
wwwnbi-semscom
Live Video Webcasts
httpwwwnbi-semscomDefaultaspxVideo-WebcastsNavigationDataSource1=N63782
OnDemand amp Downloads
httpwwwnbi-semscomContentaspxst=ArizonaampNavigationDataSource1=N63932-63947
8817 Probate Boot Camp
8917 Real Estate Title and Conveyance Handling the Top
Issues
8917 Marijuana Business Legal Considerations
81417 Legal Descriptions Title Insurance and Surveys in Real
Estate Transactions
81517 Advanced Custody and Support Issues
81617 Personal Injury Trials 101
82117 Trusts from Start to Finish
82217 How to Get Your Clients Paid Debt Collection 101
82317 Bankruptcy The Ultimate Guide to Chapter 7 and 13
82817 Conflicts of Interest A Practical Legal Ethics Guide
82917 Using LLCs to Protect Assets
83017 Complex Social Security Law Issues
83017 Dealing With Problem Employees A Legal Response
Guide
And many morehellip
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 45
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
Lorman Live Webinars wwwlormancom You can find many more seminars listed at httpwwwlormancomlive-webinar
ON DEMAND WEBINARS
There are many OnDemand Webinars to choose from also
httpwwwlormancomondemand
8317 Electronic Record Retention Mistakes HR
Professionals Can Avoid
8317 HUD Section 3 Compliance Tips for Governments
8417 Paralegals Guide to Unauthorized Practice of Law
8817 Protecting High-Risk Clientsrsquo Assets Against lawsuits
8817 Tips and Tricks to Improve Your Telephone Attitude
8917 Rules and Guidelines When Dealing With Statute of
Limitations
8917 Utilizing Formulas in Microsoft Excel
81017 Early Retirement Incentives Navigating the Legal
Issues
And many more
Maricopa County Bar Association CLE CALENDAR
httpmcbasite-ymcomeventsevent_listasp
LEXIS NEXIS Paralegal Community
has some good information as well
Check it out at httplawlexisnexiscomcommunityportalarticlesdefaultaspxg=QfsTyLJ1USs=ampc=EZggD7hDKLw=
Arizona Bar Association wwwazbarorgCLE
OnDemand CLE
httpsazbarinreachcecomSearchmediaType=494a95bb-1e05-4c5b-a25f-36ad84bd4c39
82217 State Bar of Arizona Course on Professionalism
82317 Steering Clear of Malpractice Road Bumps
82417 Traffic Offenses
82517 Probate Rule 10(E)(2) Subsequent Training for Court-
Appointed Counsel
83017 A Survey of Family Law
And many more
ALA-ABI wwwali-abaorg
The ALI-ABA site has excellent online CLE courses forms printed books MP3 CDROMs CLE DVDs CLE MP3 Downloads CLE Court Materials and Course Papers
81017 Powers of Attorney Latest Legal Developments
81717 Creating and Maintaining a Paperless Practice
Improve Workflow Increase Efficiency
82317 Hot Topics in Legal Ethics
And many more
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 46
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
Organization for Legal Professionals wwwtheolporgeducation
Online Courses
Litigation Support Project Management
Paralegal Management Certificate Program
Project Management in Electronic Discovery
Computer Technology Skills for Paralegals
Legal amp EDiscovery Project Management Course
Institute of Paralegal Education httpipenbi-semscomContentaspxNavigationDataSource1=N63943 Webcasts amp Webinars httpipenbi-semscomContentaspxNavigationDataSource1=Rpp20NspEventDateSort7c1017c17cN63944-4294952056
Webcasts amp Webinars
8217 Medical records Made Easy for Paralegals
8817 Case Management for Paralegals Managing
Documents Files Calendars and Tasks
81717 A Paralegalrsquos Guide to Divorce Cases
82217 The Paralegalrsquos Guide to Probate
82317 Construction Law 101 for Paralegals
82417 Corporate Minute Books A How-To Guide for
Paralegals
82917 Smartphone Apps and Tricks for Paralegals
83017 Managing the Discovery Process A Paralegalrsquos Guide
91217 Paralegalrsquos Guide to Legal Research and Citation
Management
National Constitution Center wwwconstitutionconferencescom
8817 Legal and binding E-Contracts What Works in a Digital World
82117 Retaliation Claims Protect Clients from EEOC Charges amp Private Suits
West Legal Education wwwwestlegaledcentercom
If you know of any other sources for CLE and would like listings to be placed in this
publication please email Newsletterazparalegalorg
- Front Cover
- Table of Contents
- Board of Directors
- APA Announcements
- APA Member News
- 10 Employer Considerations in Light of Arizonas New Paid Sick Time
- Paralegals strike out on firing claims
- Wearable technology Counting the steps to a defense verdict
- August Webinar
- To Lay or Lie
- Sticky Business Etiquette Questions amp Answers
- September Webinar
- Tucson Paralegal Associations 38th Annual Seminar
- The Verdict
- The Brief
- NewBytes
- APA Job Bank
- Got CLE
-
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 7
An employeersquos or family memberrsquos need for
medical care or mental or physical illness injury
or health condition
A public health emergency or
Absence due to domestic violence sexual assault
abuse or stalking
The Act broadly defines ldquofamily memberrdquo to include
the following relationships by blood adoption
marriage or otherwise child parent spouse domestic
partner grandparent grandchild sibling or any other
person whose close affinity is the equivalent of a
family relationship
1 Counting Employees to Determine Employer
Size As noted above the number of employees
determines which annual accrual and use cap applies
A ldquolarge employerrdquo has 15 or more employees
working in Arizona on payroll for some portion of a
day in each of 20 nonconsecutive weeks in the current
or preceding year and a ldquosmall employerrdquo has fewer
than 15 employees working in Arizona
Employers must count all full-time part-time on-call
and temporary workers performing work in Arizona It
should be noted that the ICA previously directed
employers to count all employees regardless of
location to determine employer size This drastic
change of course is a prime example of how fluid the
ICArsquos guidance has been and likely will continue to be
as the realities of implementing the PST law are
realized
2 Year One Prorating Accrual and Use For the
first year of PST the ICA will permit an employer
whose selected ldquoyearrdquo2 ends less than 365 days after
the effective date of July 1 2017 to prorate
employeesrsquo annual PST accrual and usage caps based
on the number of days remaining in the employerrsquos
selected year Prorated accrual and usage caps should
be rounded up to the nearest ldquouserdquo increment
(discussed further below) Thus for a large employer
that uses hourly increments and elects to use a
calendar year (January 1 ndash December 31) employees
need not be given more than 202 hours of PST for
2017
3 PST Use Increments Employers must allow
employees to use accrued PST in the smallest
increment in an employerrsquos payroll system up to one
hour The ICA recently proposed a regulation to
clarify that employers can apply the smallest
increment used to account for absences or other paid
time off and not to the increment used in the
timekeeping system generally
4 Designating Leave as PST Without Employeersquos
Request The ICA has indicated that it will not
pursue enforcement against an employer that
designates an employeersquos time off from work as PST
provided the employer has a good-faith belief the
absence fits within the parameters of PST use If an
employer that has designated leave as PST in good
faith later learns it did so in error the employer should
promptly correct the error
5 PST Use Cannot Count Towards Attendance
Policy Employers may not count an employeersquos use
of PST towards its attendance policy or otherwise as
grounds for taking an adverse employment action
against the employee However an employer may
require employees to comply with established call-in
procedures outlined in a written distributed policy to
provide notice of an unforeseeable need to use PST
provided the employee does not have a reasonable
justification for failing to follow the policy (eg an
emergency)
6 Reporting Requirements ndash Paychecks The law
states employers must include in employeesrsquo regular
paychecks (or in an attachment to the paycheck) (1)
the amount of earned PST available to the employee
(2) the amount of PST taken by the employee to date
in the year and (3) the amount of pay the employee
has received for PST use in the year Recently
however the ICA clarified that an employer that
makes the above information available online (ie via
(10 Employer Considerations hellip Continued from page 6)
(Continued on page 8)
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 8
an email to the employee or through the companyrsquos
intranet) is compliant with the law Further employers
utilizing a general PTO policy are not required to
carve out PST balances for reporting purposes but
rather may report the data from the general PTO
balances
7 Carryover Versus Payout at Year End
Employees must be allowed to carry over up to 40 (or
24 for ldquosmallrdquo employers) hours of accrued unused
PST to the following year However this carried-over
amount will not affect the annual accrual and use caps
as described above Thus a ldquolargerdquo employer need
only allow employees to accrue and use a maximum
of 40 hours of PST per year
However employers have two options to avoid this
carry-over requirement First employers may elect to
pay out accrued unused PST at yearrsquos end but must
make the following yearrsquos PST balance available for
immediate use Second according to a recently
proposed regulation employers that frontload the full
annual allotment of PST at the beginning of a new
year (rather than requiring employees to accrue it
throughout the year) are not required to carry forward
or pay out unused PST
8 Calculating Hourly Rate for PST Payout The
ICA has stated that shift differentials and premiums
such as hazard pay should be included when
determining an employeersquos rate of pay for PST but
overtime holiday pay bonuses incentive pay tips or
gifts do not need to be included The FAQs on the
ICA website also provide direction and examples for
determining the hourly rate for piece-work and
commissioned employees
9 Using a General PTO Policy to Comply with the
PST Law Employers with existing general paid
leave policies (ie PTO) that provide an amount of
paid leave that meets or exceeds the requirements
under the Act and can be used for the same purposes
as provided under the Act are not required to provide
additional PST However there are a number of
reporting and posting requirements specific to PST
As such the practical implication of the new law is
that most employers should update their policies to
account for these potential PST issues
10 Multistate Employers Many employers have
operations in multiple jurisdictions many with
different or conflicting PST laws Accordingly
multistate employers should consider creating a
standalone Arizona PST policy or an addendum for
Arizona employees that explains the parameters of the
Arizona PST law
Conclusion
This article attempts to address the most frequent
questions and concerns we are fielding from
employers large and small However there are many
other issues requirements options and possible
consequences that are best discussed on an
individualized basis As such companies are
encouraged to contact their employment counsel to
discuss their practices to ensure compliance with the
Arizona PST law
(10 Employer Considerations hellip Continued from page 7)
Reprinted with permission of the authors
Steve Biddle and Sarah K Watt of
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 9
1347 N Alma School Road Suite 150
Chandler AZ 85224
Office (602) 347-8503
wwwAZNHFcom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 10
Paralegals strike
out on firing
claims
Law firm employees who shared complaints with
co-workers didnt engage in concerted activity
and werent illegally fired National Labor
Relations Board (NLRB) administrative law
judges (ALJ) decided in two cases on June 30
In an Arizona case McCarthy Law PLC a
paralegal was fired after she commented on a
computer survey that senior officials werenrsquot
sufficiently engaged in law firm management The ALJ found the comment didnrsquot arise out of any
group discussion or employee activity and wasnrsquot protected by the NLRA
In the second case Trey Harlin PC an ALJ acknowledged that the NLRB has found that employee
discussions about sexual harassment can be concerted in nature but she found a Texas legal assistantrsquos
recounting allegedly inappropriate comments to her co-workers wasnrsquot concerted The employee never
asked for help or suggested any group protest action the ALJ found
The two cases illustrated that employees claiming protection under the National Labor Relations Act
show that their discussions about work-related matters were concerted in character and designed to
improve wages or working conditions not merely that they involved two or more employees
To read the complete article Paralegal Legal Assistant Strike Out on Firing Claims by Lawrence
E Dube Bloomberg Law published 732017 visit httpswwwbnacomparalegal-legal-assistant-
n73014461151
The decisions for both cases can be found here
McCarthy Law PLC 2017 BL 227283 NLRB ALJ Case 28-CA-175313 63017
httpwwwbloomberglawcompublicdocumentNLRB_ALJ_Decision_McCarthy_Law_PLC_No_C
A175313_2017_BL_227283doc_id=XJSTNHPC
Trey Harlin PC 2017 BL 327284 NLRB ALJ Case 16-CA-171972 63017)
httpwwwbloomberglawcompublicdocumentNLRB_ALJ_Decision_Trey_Harlin_PC_No_CA171
972_2017_BL_227284doc_id=XJSTNHHC
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 11
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 12
What do a rape claim in Pennsylvania a car accident
in Canada and an arson case in Ohio have in
common In each one ldquowearable technologyrdquo was
used as key evidence to prove or disprove the claim
Wearable technology encompasses devices people
wear which contain smart sensors and wirelessly
connect to smartphones through a web or Bluetooth
connection Certain types of wearable technology can
track a userrsquos activity and store the information for an
unlimited amount of time In civil and criminal
litigation fitness trackers and smart watches are
emerging as a potential source of information which
could provide valuable data for the prosecution or
defense of a lawsuit
Criminal case in Pennsylvania
For example when the police in Pennsylvania were
investigating a claim of rape they pulled the data
from the victimrsquos fitness tracker a Fitbit to
substantiate her story The victim claimed she was
sleeping in her home when an intruder entered her
bedroom and raped her However the Fitbit data
showed that the victim took approximately 1000 steps
after the time she claimed to have gone to bed and
prior to calling 911 The investigating officers
believed that the ldquovictimrdquo staged the crime scene
during those extra steps After completing their
investigation the police charged the supposed victim
with tampering with evidence and filing a false report
Personal injury in Canada
When a personal trainer suffered injuries in an
accident fitness trackers were not widespread Four
years after the accident the personal trainerrsquos lawyers
outfitted her with a Fitbit Force to show the plaintiffrsquos
current level of activity The lawyers gave the data to
Vivametric an analytics company and that data was
compared with the activity of the general population
as determined by ldquoindustry and public researchrdquo
Vivametric takes a single personrsquos data compares it to
Fitbitrsquos databank of collected and stored data from
other wearers and determines whether that person falls
above or below the average In this case the lawyers
are hoping the data will support their claim that the
trainerrsquos activity was below average
Property claim in Ohio
In the arson case the claimant told investigators that
when he saw the fire engulfing his home he packed
some belongings in a suitcase broke a window with (Continued on page 13)
Wearable technology
Counting the steps to a defense verdict By Nanci R Schanerman
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 13
his cane and threw items through the window before
carrying them to his car The claimant also told police
that he had a cardiac pacemaker The police were
suspicious of the firersquos origin They retrieved the
claimantrsquos pacemaker data through a search warrant
The data included the claimantrsquos heart rate pace
demand and cardiac rhythms before during and after
the fire A cardiologist determined that it was highly
improbable due to his medical conditions that the
claimant could do all the collecting packing and
removal of items from his house and then carry them
in the short period of time he indicated In addition
gasoline was found on the claimantrsquos clothing and the
fire started in multiple places The investigators stated
the medical data represented some of the ldquokey pieces
of evidencerdquo in the case
How can litigators use wearable technology in
their every day personal injury cases
The first step as with collecting any evidence in
litigation is to engage in discovery Under Florida
law and similarly in other jurisdictions the rules of
civil procedure state that a party can obtain discovery
regarding any matter ldquothat is relevant to the subject
matter of the pending actionrdquo If a party is claiming
they are injured and are no longer as active as they
used to be the data contained on any fitness or
activity tracking device is obviously relevant The
challenge in discovery will be to limit the scope of the
request to avoid the dreaded ldquofishing expeditionrdquo The
typical objections that could arise when requesting
fitness data are that it is burdensome to produce the
data is protected by a right to privacy and the request
is not limited in time or scope
Overcoming objections
It is easy to overcome these objections for the most
part To overcome a burdensome objection the
requestor can provide a protocol for easy download of
the information For example I created a protocol to
download Applersquos fitness data collected by any
iPhone (Yes iPhones are included as wearable
technology and automatically track a userrsquos activity)
or Apple Watch The protocol outlines step by step
how to extract the raw data and takes less than five
minutes
Until there is well established law regarding the
discovery of fitness tracking data the biggest
roadblock to discovery will most likely be objections
based on a userrsquos right to privacy One way to
potentially overcome this objection is to determine
whether the user shares the information with third
parties Most wearable technology contains a social
aspect where a user shares their data with friends or a
team much like social media Therefore law on
discovery of social media information will be
analogous to the collection of fitness tracking data In
Florida the Fourth District Court of Appeal in the
landmark case of Nucci v Target held that
ldquophotographs posted on a social networking site are
neither privileged nor protected by any right of
privacy regardless of any privacy settings that the
user may have establishedBy creating a Facebook
account a user acknowledges that her personal
information would be shared with othersrdquo Similarly
by opting to share fitness data with friends a user
acknowledges that his or her personal information
will be shared with others A second way to
potentially overcome a privacy objection is by
analogizing the fitness data with medical data
contained in medical records A plaintiffrsquos medical
records have long been considered discoverable to
prove a plaintiffrsquos injuries
Admissibility
After discovery of the data the next step is to lay the
foundation for admissibility at trial The foreseeable
challenges to admissibility are most likely going to be
the authentication of the data and the accuracy of the
data There are several ways to authenticate the data
such as questioning the user identifying data unique
to the use of the device like references to a particular
fitness goal or hiring a computer forensic expert
Proving the accuracy of the data will be a bigger
problem For example Apple admits that its heart rate
data is flawed If anything is blocking the LED lights
on the back of the watch which measure the heart rate
such as tattoos or irregular skin perfusion the heart
rate reading will not be accurate Similarly Apple
states on its website that water immersion while
swimming could interfere with accurate heart rate
data Furthermore irregular movements can confuse
(Wearable Technology hellip Continued from page 12)
(Continued on page 14)
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 14
any device Fitbit has also had the accuracy of its heart
rate data questioned in a class action filed in 2016
currently pending in Northern District of California In
the suit consumers from California Colorado and
Wisconsin allege that the heart rate tracking in the
Charge HR and the Surge two products that came to
market in 2015 is inaccurate by a significant
margin especially during periods of intense exercise
Overcoming challenges to accuracy of the data will
surely interfere with its admissibility but it would still
certainly be worth trying to admit overall trends in the
data instead of an exact number of steps walked in a
day or beats per minute of a personrsquos heart
With all of this in mind the challenge will be to find a
plaintiff pursuing a claim who utilizes a fitness
tracker This may become less of a challenge in the
next few years as experts predict fitness trackers and
smart watches will increase in the market by 195
million units by 2020 Furthermore employers and
insurance companies are outfitting people with
wearable technology to reduce risks and work place
injuries Several health insurance companies are
offering discounts to people who utilize this
technology and submit it to show a healthy and active
lifestyle
Wearable technology is constantly evolving and
getting better with each generation It will be
interesting to see what happens when the law catches
up and whether this data will become a regular part of
personal injury litigation much like social media
discovery
Reprinted with permission of the author
Nanci R Schanerman of
(Wearable Technology hellip Continued from page 13)
Mike McCrary Discovery Consultant
mmccraryfronteocom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 15
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 16
Join us on WEDNESDAY August 9 2017 at 1200 PM for this one-hour CLE webinar by Dr Arthur Eckstat ldquoWill That Product Liability Personal Injury Claim Prevailrdquo
What yoursquoll learn
Whether you are the team pursuing a product liability personal injury claim or defending against one the
criteria for prevailing is much the same Yoursquoll learn the criteria for a valid product liability claim and further
examine red flags that can affect your ability to prevail and suggestions on how to manage them
Criteria and Red Flags discussed include but not limited to
This webinar qualifies for 1 hour of CLE credit
Cost $25 for APA members $30 non-members
LAST DAY TO REGISTER FRIDAY AUGUST 4 500 PM
Identifying party(s) responsible Evidence collecting and protecting
How and why did the injury occur Expert witnesses ndash need types roles
What really happened despite story Interrogatories ndash Use and abuse
Likelihood of substantiating negligence Costs of pursuing or defending a claim
Strict Liability criteria for prevailing Contingency fee considerations
Identifying designmanufacturing defect
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 17
Our Speaker
Dr Arthur Eckstat
Engineering Consultant and Expert Witness
Dr Arthur Eckstat has served as an Engineering Consultant amp Expert Witness for over 15 years specializing
in Products Liability Personal Injury matters including wrongful death Art is often approached by plaintiff
attorneys to support what would be an unwinnable claim He created Lawsuit Consultant
(wwwlawsuitsconsultantcom) to help Products Liability Plaintiff Attorneys learn how to choose craft and
conduct winning cases while identifying and avoiding losing or under-performing cases That service
expanded to helping Defense Attorneys and insurance companies learn how to determine the validity of injury
claims Regardless of which side of an injury claim yoursquore representing two primary questions are ldquoHow was
the claimant injuredrdquo and ldquoWhy was the claimant injuredrdquo
Art possesses a Mechanical Engineering degree and an earned Doctorate He took early retirement from the
corporate worlds of Automotive and Aerospace engineering where he received international recognition and
accolades from both internal and external customers for his unique ability to see and explain what others have
missed He has successfully bridged the breach between Academic and Practitioner Art was honored as a
Contributor to Aviation History by Donald Engen Director of the Smithsonian National Air and Space
Museum in a ceremony held at the museum in Washington DC
DEADLINE TO REGISTER August 4 at 500 pm
Premier Designs Jewelry
Kathy Hanchette
Beyond Diva Jewelry
602-264-2230
wwwArizonaCourtReporterscom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 18
A degree above all others
12th Street and Missouri
Phoenix AZ 85014
(602) 212-1445
mbatranscriptazcoxnet
Serving local and national clientele with their
legal and general transcription needs
including civil criminal personal injury
family law as well as assisting in other areas
of law
INTEGRATED MEDICAL EVALUATIONS INC
401 W Baseline Rd Suite 206
Tempe AZ 85283
6023650132
wwwimewestcom
I avoid looking I avoid looking I avoid looking
forward or forward or forward or
backward and backward and backward and
try to keep try to keep try to keep
looking upward looking upward looking upward Charlotte BronteCharlotte BronteCharlotte Bronte
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 19
Many have a problem with lie or lay How do you know when to use which one
Lay (lay laid laying) means ldquoto putrdquo or ldquoto placerdquo Because itrsquos a verb (action word) it requires an object to
complete the meaning
Please lay the groceries on the counter
She laid her resignation letter on the bossrsquos desk
He is always laying his schoolbooks on the kitchen table
Lie (lie lay lain lying) means ldquoto recline rest or stayrdquo or ldquoto take a position of restrdquo Unlike lay which re-
quires it lie cannot take an object
She said she was going to lie on the bed to test the mattress
The pleading was lying on his desk for him to sign
A way to remember the difference is that if you can replace the questionable lie or lay with place (or the correct
version of it) then you need to use the correct version of lay If it doesnrsquot use the correct version of lie
She wanted to (lay or lie) down for a nap Would you say ldquoShe wanted to place down for a naprdquo No So
the proper word would be lie
He (laid or lay) the coffee on his secretaryrsquos desk Is it ldquoHe placed the coffee on his secretaryrsquos deskrdquo Yes
Then laid is correct
Another reminder hint might be if you are going to plAce something then you are going to lAy it but if you
are going to rEst you are going to liE
Thanks to Kathy Sieckman PP PLS-SC ACP of wwwProofthatblogcom for the above
To Lay
or Lie
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 20
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 21
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 22
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 23
Occasionally we all come across
situations in which we wonder
Would Miss Manners approve But
in the digital age of social
networking the etiquette lines can
become even blurrier Following are
some common sticky business
etiquette questions and tips to help
tackle them
Social Media
Should I personalize my LinkedIn requests to
connect with others
Its perfectly fine to use the form letter and in fact
most people do it for convenience even when
connecting with close contacts But if you wish to
connect to someone you havent seen in a while take
the time to personalize the message and explain how
youve met
How do I keep my manager from getting wind of
my job search using LinkedIn
If you consistently have a voice share opinions and
articles and tend to your audience and your network
as a daily routine mdash and not just when youre looking
for work mdash then when its time to find that next career
opportunity none of your activity will look out of the
ordinary But its not smart to immediately update your
LinkedIn profile by adding a large number of new
contacts fleshing out your profile and soliciting
recommendations Adjust your settings so you dont
broadcast activity youre not willing to share Pay
particular attention to the Opportunity Preferences
section under Contact Settings If you say you are
interested in career opportunities you could be
sending a red flag to your manager You can gain
exposure among your peers by joining groups related
to your professional field Many recruiters are
members and scan the roster for potential hires
Contribute to the discussion and establish yourself as a
subject matter expert to catch their interest
Should I friend my boss or coworkers
This is the $64000 question and the feelings of those
on the receiving end may provide the answer (See
Thinking About Friending Your Boss on
Facebook on Page 10 of Business Etiquette The
New Rules in a Digital Age) If you do connect utilize
privacy settings and different friend lists to control
how mdash and with whom mdash you share content Be
sensitive to your professional environment some
industries or companies are much more engaged in
digital networking than others If youre starting a new
job take your cue from others before sending out
friend requests to your new colleagues
Can Facebook postings hurt my job search
A good rule of thumb is to always post prudently If
you dont want your employer to see it get rid of it A
recent survey by our firm revealed that 44 percent of
executives review the Facebook presence of potential
hires Even if your account is just for fun keep it in
check To put your Facebook on a privacy lockdown
click on the drop-down Account menu in the top
right corner and select Privacy Settings Keep in
mind that Facebook may change its privacy features at
(Continued on page 24)
Sticky Business Etiquette Questions amp Answers
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 24
any time and you might not be aware of the changes
when they occur Always assume that anything you
post online may become public
Should I use Facebook at work
Maybe if its for work-related purposes and not just
keeping your friends updated on your weekend
activities Then again maybe not Thirty-eight percent
of chief information officers interviewed by Robert
Half have implemented stricter social networking
policies as these tools have become more prevalent in
the workplace If youre not sure what rules your firm
has in place check with your manager or human
resources representative Your best bet is your own
good judgment Just as you would expect to restrict
personal phone calls or conversation at work you
should limit personal use of social networking
platforms too
Whats the right way to decline a request to
connect with someone
While an automated No thank you could make our
lives easier no response at all might be your best bet
Dont feel pressured to connect with someone you
would rather not form a relationship with and dont
feel the need to explain your decision If you expect
you might run into the individual in person be
prepared in case you are confronted about it Simply
click Ignore especially if the person is a stranger
If someone follows me on Twitter should I
automatically follow him or her back
No because you may end up unfollowing the person
later Before following people check out their feed
bio and previous tweets to get a sense of them or their
organization and determine if youll be interested in
seeing the kind of content they share Although its
considered good etiquette to follow someone back
dont do it indiscriminately Its your feed and you
want to make it valuable to you
Emails and Conference Calls
Uh oh I sent a confidential email to the wrong
person What do I do now
Its not a lost cause and there are a few steps you can
take First try to use the recall function of your email
program But keep in mind that not all applications
offer this option and various factors can affect how
successful it is If this step doesnt solve the problem
you need to limit the impact of your mistake Contact
those who are affected the recipient and possibly the
person to whom you intended to send the message
Explain your error and if you need their help
correcting it You also may need to inform your
manager of the mistake
How responsive should I be to e-mail when Im on
vacation
It depends on whether you want to have a real
vacation If your Out of Office says youre not
checking e-mail on vacation dont check and respond
to messages Doing so changes expectations and
implies youre more accessible than you said youd be
Instead be considerate to others needs while you are
out and list a back-up contact in your Out of Office
auto response
I forgot to attach a file before sending an emailhellip
again How can I avoid this in the future
Slow down Everyone forgets to attach a file from
time to time because theyre in a rush But repeatedly
making this mistake can cause your colleagues to
question your attention to detail Going forward try
attaching your file before you compose your message
This way you can be sure it makes it to the recipient
Just make sure you attach the right file
How can I prevent my colleagues from scheduling
conference calls over lunch
Everyone should have a chance to eat lunch Often
people simply look for an open spot on others
calendars when scheduling a meeting So you might
consider blocking out your lunch hour to ensure you
have time to grab a bite to eat Although it may be
unavoidable to meet during this time on occasion you
might find that this simple step helps you out
Thanks to Robert Half for this information To learn more about
Robert Half visit wwwroberthalfcom
(Sticky Business hellip Continued from page 23)
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 25
3150 N 24th Street
Suite D-104
Phoenix AZ 85016
6022569700
The Nationwide Legal LLC team provides a
broad spectrum of comprehensive legal support
services at an unparalleled level of quality NWL
utilizes state-of-the-art technology to deliver
practical and cost-effective solutions for all of
your legal support service needs wwwNationwideASAPcom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 26
BILLING
BLUNDERS AND
FEE AGREEMENT
ESSENTIALS Speaker
Lynda C Shely
Esq
Ethics Lawyer
Speaker
Consultant
APA WEBINAR
Wednesday September 13 2017
1200-100 pm
COST APA Members $25 (or use your free 2017 webinar coupon) All others $30
This webinar qualifies for 1 hour Ethics CLE credit
Lynda C Shely of The Shely Firm PC Scottsdale Arizona provides ethics advice to over 1500 law firms in Arizona and the
District of Columbia on a variety of topics including conflicts of interest fees and billing trust account procedures lawyer
transitions multi-jurisdictional practice ancillary businesses and ethics requirements for law firm advertisingmarketing She also
assists lawyers in responding to initial Bar charges performs law office risk management reviews and trains law firm staff in
ethics requirements Lynda serves as an expert witness and frequently presents continuing legal education programs around the
country Prior to opening her own firm she was the Director of Lawyer Ethics for the State Bar of Arizona Prior to moving to
Arizona Prior to moving to Arizona Lynda was an intellectual propertyantitrust associate with Morgan Lewis amp Bockius in
Washington DC Lynda received her BA from Franklin amp Marshall College in Lancaster PA and her JD from Catholic
University in Washington DC
Lynda was the 2015-2016 President of the Association of Professional Responsibility Lawyers She serves on several State Bar of
Arizona Committees and as a liaison to the ABA Standing Committee on Ethics and Professional Responsibility She is an
Arizona Delegate in the ABA House of Delegates Lynda has received several awards for her contributions to the legal profession
including the 2007 State Bar of Arizona Member of the Year award the Scottsdale Bar Associationrsquos 2010 Award of Excellence
and the 2015 AWLA Maricopa Chapter Ruth V McGregor award She is a prior chair of the ABA Standing Committee on
Client Protection and a past member of the ABArsquos Professionalism Committee and Center for Professional Responsibility
Conference Planning Committee Lynda was the 2008-2009 President of the Scottsdale Bar Association She has been an adjunct
professor at all three Arizona law schools teaching professional responsibility
LAST DAY TO REGISTER FRIDAY September 8 2017 at 500 PM
Click Here to Register httpazparalegalorgevent-2588123
Ethical and practical considerations for all firms ndash even those that think they do not need to
track hourly time Lynda will review what clauses are mandatory for all fee agreements in Ar-
izona as well as clauses that will help with client communications and expectations Billing
tips will go over the five things to never do in a time entry why block billing is prohibited in
Arizona how to get paid faster and common mistakes made in client invoices
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 27
WOOLSTON amp TARTER PC AUDIT DEFENSE amp TAX LITIGATION
Congratulations to the Arizona
Paralegal Association on 40
successful years of promoting the
paralegal profession
In just about every area of society therersquos nothing more important than ethics
Henry Paulson
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 28
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 29
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 30
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 31
Jason Bagley
Senior Territory Manager
(602) 559-4587
jasonbagleylexisnexiscom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 32
GENDER EQUALITY
The process of voir dire sometimes includes
subtle and not-so-subtle attempts at gender
stacking of jurors to prevent or create bias
toward a plaintiff Other demographic factors
may be more influential but gender is still
important though not necessarily in the way
one would suspect
The accompanying chart based on California New York and Texas cases reported to VerdictSearch depicts
plaintiffsrsquo winning percentages according to the plaintiffrsquos gender and the juryrsquos composition Bias is evident
but it is not dependent on the plaintiffrsquos gender
Any plaintiffrsquos winning percentage is substantially greater when his or her case is heard by a female-
dominated jury rather than a male-dominated jury or a gender-neutral jury The takeaway All other factors
being equal plaintiffs are best served by female jurors The equation flips when it comes to awarding
damages but thatrsquos a topic for another study
Thank you to Verdict Search for this analysis To learn more about VerdictSearch visit
wwwVerdictSearchcom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 33
Vol 13 No 8 August 2017
Fees Increase in One Week
Most filing and service fees will increase on Wednesday August 9 2017 Documents submitted for filing that are received by the Clerks office (file counter by mail or through a filing depository box) on or before August 8 will be subject to the current fees Documents received for filing on and after August 9 will be subject to the new fees Fees are posted on the Clerkrsquos website at httpwwwclerkofcourtmaricopagovfeesasp
Appeal and Cost Bond Info Online
Court rules statutes court orders or other authorities may require posting appeal or cost bonds with the Clerks Office Depending on the type of issue the parties the complexity of the case and other factors years can pass between the bond posting date and resolution of related issues During that time parties attorneys and the courts may overlook issuing a court order releasing the money The Clerks Office holds the funds until a court order directs the Clerk specifically what to do with those funds The Clerkrsquos Office has now posted lists online of bonds posted with the Clerks Office where the need for the bond may have ended and no court order was filed allowing the Clerk to return the money If you or your clients posted an appeal or cost bond in any case it is worth checking if funds are still on hold
Customers can search the online lists by party name or case number A party or their attorney must file a petition with the court requesting an order be issued directing the Clerk to release these funds The Clerks Office will only release money by court order and only as specifically directed in the order For more information about the deposit or release of these funds including specific information the Clerkrsquos Office needs before releasing money see the Clerkrsquos website at httpwwwclerkofcourtmaricopagovrelease_bondsasp The Clerks Office will only assist parties to a case or their attorneys Third-party vendors personal representatives and other non-parties must be named in a court order to obtain detailed information or to receive a payment check
Law Library Resource Center Filings Grow by Leaps and Bounds
Last year the Superior Court in Maricopa County renamed relocated and expanded its self-service center into the Law Library Resource Center (LLRC) The Clerkrsquos Office staffs a filing counter within the downtown Phoenix LLRC to allow customers a one-stop-shop for research drafting and filing court documents Filings within the LLRC have gone up every month since its establishment In January 2017 the file counter handled 406 transactions and nearly doubled that volume by the end of March 2017 with 802 transactions In June the file counter processed more than 1000 transactions Clerk staff at this window can process fee deferral applications adding to customersrsquo onsite convenience For more information about the LLRCrsquos services locations and other details see the Superior Courtrsquos website at httpswwwsuperiorcourtmaricopagovSuperiorCourtLawLibraryResourceCenter
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 34
THANK YOU
Our Charity Raffle Prize Drawing for this beautiful quilt donated by the Emmanuel Lutheran Quilters of Prescott Valley Arizona raised $350
All proceeds have been provided to Feed Hungry Children Program in Prescott Valley Arizona
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 35
Paralegal robot reviews patent documents There is a new software RoboReview that helps patent
lawyers draft applications that are more likely to pass muster with the USPTO It automates paralegal
work bringing more rigor to the task of researching prior art and potentially saving thousands of dollars
on a filing Typically this review is done by humans doing multiple searches To read more visit the
ABA Journal httpwwwabajournalcomnewsarticlepatent_document_robot_legal_review
Paralegal cries after being charged with stealing $12 million from law firm The paralegal was an
office manager for a law firm in downtown Toledo where prosecutors allege she embezzles money from
the firm and from the trust account of a disabled client between 2008 and September 2015 The suit
claims that the paralegal forged signatures and falsified bookkeeping software and other records to steal
from the firm The paralegal cried throughout the bond hearing She has been fired To read more about
this case visit httpwwwtoledobladecomCourts20170712Bond-set-at-100K-for-office-manager-
charged-with-embezzling-1-2Mhtml
Paralegal re-appointed to Florida Bar Section Priscilla Horn Warren a nationally and Florida
certified paralegal will continue to serve on the States Solo and Small Firm Section as their paralegal
representative for 2017-2018 term Warren has continuously served as paralegal liaison with the section
since 1995
Law Firm not liable for paralegal mistake on $15 bn loan A New York Judge found that the firm did
not owe a duty of case to third parties The paralegal had accidentally cancelled the security interest of a
$15 billion loan to General Motors The firm did not represent the lenders and as such did not owe a duty
to third parties JP Morgan Chase acted as lenders and its lawyers also missed the mistake The mistake
was only noticed when GM filed for bankruptcy protection in 2009 To read more visit
httpwwwgloballegalpostcombig-storiesmayer-brown-not-liable-for-paralegal-mistake-on-$15-bn-
loan-73921531
Lawyer and paralegal arrested after being found with meth pipes and other drug paraphernalia
The attorney claimed that the equipment didnt belong to him (my paralegal did it defense) To read
more visit httpwwwarkansasmatterscomnewslocal-newsconway-lawyer-and-paralegal-arrested-on-
drug-possession769588833
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 36
DIAMOND SPONSORS
National Health Finance
ABI Document Support Services
RUBY SPONSORS
Nationwide Legal Inc
Vocational Diagnostics Inc
EMERALD SPONSORS
MBA Legal Transcription
First Legal Network
LexisNexis
Coash amp Coash
Robert E ldquoBobrdquo Underdown The Insurance Archaeologist
Jones Skelton amp Hochuli
THANK YOU TO OUR SPONSORS AT OUR ANNUAL LEGAL CONFERENCE AND 40TH ANNIVERSARY CELEBRATION
Thank you to the individuals and businesses that support the Arizona Paralegal
Association in our efforts to promote and educate the paralegal community by
becoming Legal Seminar Sponsors The assistance of our sponsors has been vital in
bringing educational programs to paralegals across Arizona This Legal Seminar would
not be possible without the help of the sponsors and we hope you will join us in
PEARL SPONSORS
Compex Legal Services Inc
Kathy Hanchette Premier Designs
Robson Forensic
Parasec
Iron Mountain
Litigation Services
Fronteo
The Morton Group
Integrated Medical Evaluations Inc
Elite Medical Experts
Lynn Tofaute Yanbal Jewelry
Griffin amp Associates
Discovia
Woolston amp Tarter PC
Ottmar amp Associates
Ballard Spahr LLP
DTI Global
Thank you to these Northern Arizona sponsors who have generously donated
prizes for the Arizona Paralegal Association drawing
Murphyrsquos Restaurant Prescott Arizona
Susanne Chacon Scentsy 9287108777
Yavapai Title 9284452528
Mangum Pearce Court Reporting 9284451909
Prescott Law group PLC 9284451909
Emmanuel Lutheran Quilters Prescott Valley
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 37
Congratulations to the Arizona Paralegal Association on 40 years
1 East Washington St Suite 2300
Phoenix AZ 85004
602798-5400
wwwballardspahrcom
6024851488
wwwOtmarAssoccom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 38
APA MEMBER JOB BANK
DONrsquoT FORGET TO CHECK OUR ONLINE
JOB BANK FOR UP-TO-DATE JOB LISTINGS
at httpwwwazparalegalorgjobbank
[In order to view the online Job Bank you must login
to our new website (using your email and password)
If you experience any difficulty logging in please
contact membershipazparalegalorg for assistance]
PARALEGAL - BANKRUPTCY LITIGATION
Position Overview
Under the supervision of one or more lawyer(s) the
Paralegal assists in the delivery of quality efficient
and accessible legal services in the bankruptcy real
estate corporate andor commercial litigation practice
groups
Responsibilities
Draft routine pleadings statements affidavits
andor other legal documentation as appropriate at
the specific direction of attorneys
Prepare initial drafts of legal documents for
bankruptcy proceedings including case captions
and simple pleadings such as claim forms requests
for notice or judicial notice etc
Arrange Court Call appearances communicates
and cooperates with Court clerks on filings and
appearance requirements and interacts with Court
personnel as necessary to serve client needs
Prepare initial drafts of fee applications when
representing estate professionals and oversecured
creditors in bankruptcy cases and in connection
with fee awards in other litigation contexts
including exhibits and declarations in support
Compile documents in connection with appeals
including designations and indexes of the record
district court elections and requests for transcripts
Draft notices of appearance substitutions of
counsel documents pro hac vice applications and
corporate ownership statements
Assist with discovery-related filings including
Bankruptcy Rule 2004 examination applications
notices and orders subpoenas and notice of
servicecompliance
Manage non-judicial trustees sale process
including security instrument review public
record filing review notice drafting service
completion bid compilation sale procedures
communications with interested parties deed upon
sale drafting and all necessary public recording
and filing
Perform ECF filings and review local rules for
pleading forms notice and service requirements
Fulfill duties to deliver court copies courtesy
copies lodged order uploads in pdf or Word and
complies with all local rule requirements
Organize index and track large numbers of
documents including development of information
(Continued on page 39)
DO YOU KNOW OF A PARALEGAL POSITION AT YOUR PLACE OF EMPLOYMENT
If so advise your employer that the APA offers ad space for paralegal jobs to employers free of charge To place a job bank ad or for information on a job send an e-mail to Betsy Wolf at jobbankazparalegalorg
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 39
APA MEMBER JOB BANK
retrieval systems performs all case management
functions
Perform calendaring or docketing of information
as needed
Research and obtain information from various
courts administrative bodies public information
sources etc
Performs electronic research using PACER court
websites Westlaw and Lexis in addition to
Shepardizing and Bluebooking citations
Coordinate efforts with trials and hearings such as
taking notes handling exhibits organizing and
gathering factual information etc
Attend trials or client meetings as needed inside
and outside the office that require face-to-face
contact
Coordinate vendors in conjunction with a project
such as court reporters process servers copy
vendors etc
Track time in DTE and assures that services
provided are properly charged to the client
Track expenses for travel client meetings and
court appearances
Essential Job SpecificationsQualifications
Familiarity with pleading notice and service rules
triggered in Chapter 7 and 11 Bankruptcy Courts
Familiarity with Uniform Commercial Code
enforcement process and procedures
Familiarity with basic corporate formation
practices and procedures
Ability to perform ECF filings
Excellent computer skills including Word Excel
PowerPoint and database applications
Ability to deal professionally with all levels of
clients both internally and externally
Proven ability to solve problems work
independently and tackle projects with minimal
supervision
Ability to be flexible meet deadlines handle
pressure and adapt to changing work priorities
work flow and work assignments
Ability to effectively and respectfully
communicate verbally and in writing with other
staff lawyers management and clients
Ability to organize a large amount of data and files
into an efficient system (both electronic and
hardcopy) for easy filing and retrieval
Ability to maintain confidences as well as build
confidences and trust
Ability to pay close attention to detail
Ability to work overtime up to 10 or more hours
per week
Ability to work off-site at client location(s) for
extended periods of time
Requires the ability to regularly report to work on
the days and times scheduled or alternatively to
work flex hours depending on lawyer and client
needs
Physical Demands
Ability to work in a typical office environment and
lift up to 25 lbs NOTE Reasonable
accommodations may be made to enable
individuals with disabilities to perform the
essential functions
Travel
Ability to travel locally
EducationExperienceCertifications
Bachelors Degree andor Paralegal Certificate
Minimum of two years experience with
bankruptcy and litigation practice(s) at a law firm
Disclaimer
The above statements are intended to describe the
general nature and level of work being performed by
the incumbent in the position They are not intended
to be an exhaustive list of all responsibilities duties
and skills of the employee Duties and responsibilities
may change at any time with or without notice
(Job Bank hellip Continued from page 38)
(Continued on page 40)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 40
How to Apply Please send resume to
lisaspannbryancavecom
Equal Opportunity Employer
LITIGATION PARALEGAL - INSURANCE
DEFENSE
Jones Skelton amp Hochuli is seeking an ambitious
paralegal with 5+ years of experience in general civil
litigation and experience in State and Federal courts
The ideal candidate will have a stable work history
and exceptional communication and organizational
skills We offer a competitive salary and benefits
package and a team-oriented working environment
Please email your resume to Recruitingjshfirmcom
AAEOE
EXPERIENCED LITIGATION PARALEGAL
Dickinson Wright PLLC (Phoenix office) is in need of
a litigation paralegal
Requires a minimum of three yearsrsquo recent experience
in Arizona law
Job Description
Organize and synthesize information through the
preparation of summaries chronologies reports
spreadsheets
Draft and review routine legal documents (eg
privilege logs exhibit lists discovery disclosures
etc)
Assist attorneys on cases by providing
computerized support to help them plan organize
research analyze argue and present their cases in
a more cost and time efficient manner
Provide the day-to-day support of data
management
Assist attorney in trial preparation and set-up of
electronic equipment in the courtroom provides
court assistance as required
Assist with managing cases projects on various
levels and at various stages of the litigation
process
Candidates must have excellent communication skills
for contacting clients experts and other outside
parties have knowledge of state and federal court
rules procedures and e-filing requirements drafting
be self-motivated a team player proficient in MW
Word Outlook 2010 and a working knowledge of
document management systems Relativity and Trial
Director experience is a must
EducationalExperience requirements
Paralegal certificate from ABA school or
certification
We offer a competitive salary and benefits package
and an outstanding work environment All candidates
must submit a cover letter resume and salary history
Please email resumes to
LMandellDickinsonwrightcom
EXPERIENCED FAMILY LAW PARALEGAL
Cantor Law Group an AV-rated six-attorney family
law firm located in downtown Phoenix seeks a sharp
paralegal with at least two years of recent Arizona
family law experience In this position you will work
closely with an associate attorney to manage a case
load of 40+ cases covering a wide range of domestic
relations issues Experience with high-asset andor
DCS cases is a plus Must be a strong writer able to
draft pleadings and correspondence Exceptional
people skills are needed as there is a great deal of
client contact
An attractive compensation and benefits package is
available for the right candidate In addition to a
competitive salary and bonus opportunities we offer
an outstanding benefits package including ten paid
(Job Bank hellip Continued from page 39)
(Continued on page 41)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 41
holidays per year ten days paid vacation days yearly
five days personal paid time off yearly as well as the
availability of medical dental vision and life
insurance A 401K with a very generous employer
match is offered after one year
Requirements
2 years recent Arizona family law experience
Proactive able to handle and direct caseload with
minimal supervision
Attention to detail and excellent follow-up
Excellent analytical capabilities amp writing skills
able to draft substantive motions for attorney
review
Work well as a member of a fast-paced team
Professional appearance demeanor and attitude
Great client relations skills
Excellent computer skills including proficiency in
MS Word and other MS Office applications
Paralegal certification preferred (not required)
Knowledge of Time Matters or other case
management software a plus
Please send resumes to hrdmcantorcom
EXPERIENCED CRIMINAL DEFENSE
PARALEGAL
The Law Offices of David Michael Cantor an AV
rated criminal defense firm in Downtown Phoenix is
seeking an experienced paralegal with felony amp
misdemeanor experience to work closely with our
attorneys Our practice includes the full spectrum of
criminal charges and you will have the opportunity to
work on cases involving drug charges violent crime
sex offenses white collar crime property crime and
DUIs
The job
Proactively manage a substantial caseload without
direct supervision
Prepare and file pleadings according to attorney
instructions
Prepare trial notebooks and handle all trial prep
work
Create high quality correspondence and other
documents with little to no supervision
Maintain professional relationships with law
enforcement and prosecutors
Provide excellent customer service for our clients
Support 1-2 attorneys
We offer
Competitive compensation
Outstanding benefits including medical dental
vision lifeADampD coverage
401K with generous employer match
Paid vacation and sick time
Ten paid holidays per year
You
2+ years of private Arizona defense experience
handling both misdemeanor and felony charges
Familiar with Arizona courts and MVD
Proactive ndash needs little supervision
Great follow-up skills and attention to detail
Excellent writing skills
Professional appearance and behavior
MS Word and other MS Office applications
Keyboard speed 50+ wpm
Reliable
Enjoy being a member of a friendly team of
professionals
Experience with Abacus or other case
management software desirable
Please send resumes to hrdmcantorcom
PARALEGAL
Sentry Insurance is looking for a Paralegal to provide
litigation and administrative support to our Staff
(Job Bank hellip Continued from page 40)
(Continued on page 42)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 42
Counsel operation If you are looking for a career
with great potential choose the company with the
strength and stability to offer it all
What Yoursquoll Do
As the Paralegal yoursquoll assist the attorney staff by
performing legal activities which do not require
attorney signature client advise or appearances in
court In addition yoursquoll
Assist in the preparation of responses to discovery
under direct supervision of an attorney
Perform factual investigations and document
searches
Obtain investigative materials and policy
information
Contact insureds and other witnesses to obtain
factual statements
Coordinate scheduling of litigation activities and
witness appearances
What it Takes
Associate Degree or equivalent work experience
2-5 years of related work experience at least one
year in litigation practice
American Bar Association-Certified Paralegal
Training
Advanced knowledge of case management and
knowledge of and ability to perform legal
research
Experience with resources such as Westlaw and
Lexis
Strong analytical ability and knowledge of
litigation processes
Strong organizational and communication skills
Ability to maintain confidentiality
Strong working knowledge of the Internet
PowerPoint Excel and Word and familiarity with
legal case management software (ProLaw Clio
etc)
Ability to work independently and in multi-
jurisdictional venues
Must be able to meet travel requirements of the
job
What Yoursquoll Receive
We offer an outstanding array of benefits for our
associates including
Competitive Compensation
Group Medical Dental Vision and Life benefits
Generous Paid-Time Off - including Company
Holidays
401k plan with a dollar-for-dollar match on your
first six percent ndash immediate vesting
Access to more than 100 certification designation
and licensing courses
Career advancement opportunities
Why Sentry Insurance
Sentry employees have been helping individuals and
businesses build and protect their futures since 1904
Because of the trust placed in us Sentry is one of the
largest and strongest mutual insurance companies in
the United States and is rated A+ by AM Best the
industrys leading rating authority Sentry offers a full
line of property casualty and life insurance products
to protect businesses cars homes lives and retirement
incomes
So make the right choice - with great potential for
growth an outstanding 401(k) program and a schedule
that offers you a balance between your work and life
choose the company with the strength and stability to
offer it all Choose Sentry Insurance Sentry
Insurance is an Equal Opportunity Employer Apply
online at httpsjobssentrycomsearch119871
FULL-TIME LEGAL SECRETARY ASSISTANT
Mid-sized law office is seeking a self-motivated and
highly organized legal secretary with a minimum of 5
years of experience supporting 2 or more attorneys
Position will support multiple attorneys with case
management assistance calendaring state and federal
court filings formatting correspondence and
(Job Bank hellip Continued from page 41)
(Continued on page 43)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 43
pleadings copying mailing and other clerical duties
Optimal candidate will be able to accept and
implement directives maintain focus in hectic
environment keep attorneys informed of progress at
regular intervals and prioritize multiple projects
Working knowledge of MS Word amp Excel required
Associatersquos degree and background in litigation andor
insurance preferred EEOC Please email reacutesumeacute and
cover letter with salary requirements to
admincdslawfirmcom
EXPERIENCED PLAINTIFFS PERSONAL
INJURY LEGAL ASSISTANT
Small growing fast-paced Central Phoenix Personal
Injury Law Firm seeking full-time Legal Assistant to
join our team
Candidate must have excellent skills and 5 years
experience in a Plaintiffs Personal Injury Law Firm
with an ability to perform in a fast paced environment
Bi-lingual (SpanishEnglish) preferred but not
required Position involves significant interaction with
clients and requires attention to detail Good
organizational skills with a strong work ethic are
essential as is the ability to multi-task
Responsibilities include handling a large pre-litigation
caseload interfacing with attorneys and legal
assistants Must be proficient with MS Word Outlook
and Needles Case Management (preferred but not
necessary) Salary is competitive and DOE
Qualified candidates should e-mail resume with a
cover letter detailing their skills employment history
and salary requirements to
acoronadoblakefirmcom
(Job Bank hellip Continued from page 42)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 44
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
NALA Campus LIVE - Live web seminars are offered in two sessions each year FebruarymdashMay and AugustmdashNovember Each ses-sion features about 30 on-line seminars The audio files and handout material are copyrighted by NALA and the authors They are for personal use only Duplication of any of the material or any commercial use is strictly prohibited
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics httpswwwnalaorgcontinuing-educationwebinars NALA Campus LIVE - Live web semi-nars are offered in two sessions each year FebruarymdashMay and AugustmdashNovember Each session features about 30 on-line seminars The audio files and handout material are copy-righted by NALA and the authors They are for personal use only Dupli-cation of any of the material or any commercial use is strictly prohibited
82217 Music Law and Intellectual Property Rights
82417 So the Plaintiffrsquos on Medicare
82017 The ABCrsquos of Special Education
In addition to the Live Webinars NALA has On-Demand Webinar Courses available httpswwwnalaorgcontinuing-educationon-demand-webinar NALA also has a wide variety of available Self-Study courses as well as the Live Webinars You can access the Self-Study courses here httpswwwnalaorgcontinuing-educationself-study Many of these courses are recommended for preparing for the CP exam
NATIONAL BUSINESS INSTITUTE
wwwnbi-semscom
Live Video Webcasts
httpwwwnbi-semscomDefaultaspxVideo-WebcastsNavigationDataSource1=N63782
OnDemand amp Downloads
httpwwwnbi-semscomContentaspxst=ArizonaampNavigationDataSource1=N63932-63947
8817 Probate Boot Camp
8917 Real Estate Title and Conveyance Handling the Top
Issues
8917 Marijuana Business Legal Considerations
81417 Legal Descriptions Title Insurance and Surveys in Real
Estate Transactions
81517 Advanced Custody and Support Issues
81617 Personal Injury Trials 101
82117 Trusts from Start to Finish
82217 How to Get Your Clients Paid Debt Collection 101
82317 Bankruptcy The Ultimate Guide to Chapter 7 and 13
82817 Conflicts of Interest A Practical Legal Ethics Guide
82917 Using LLCs to Protect Assets
83017 Complex Social Security Law Issues
83017 Dealing With Problem Employees A Legal Response
Guide
And many morehellip
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 45
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
Lorman Live Webinars wwwlormancom You can find many more seminars listed at httpwwwlormancomlive-webinar
ON DEMAND WEBINARS
There are many OnDemand Webinars to choose from also
httpwwwlormancomondemand
8317 Electronic Record Retention Mistakes HR
Professionals Can Avoid
8317 HUD Section 3 Compliance Tips for Governments
8417 Paralegals Guide to Unauthorized Practice of Law
8817 Protecting High-Risk Clientsrsquo Assets Against lawsuits
8817 Tips and Tricks to Improve Your Telephone Attitude
8917 Rules and Guidelines When Dealing With Statute of
Limitations
8917 Utilizing Formulas in Microsoft Excel
81017 Early Retirement Incentives Navigating the Legal
Issues
And many more
Maricopa County Bar Association CLE CALENDAR
httpmcbasite-ymcomeventsevent_listasp
LEXIS NEXIS Paralegal Community
has some good information as well
Check it out at httplawlexisnexiscomcommunityportalarticlesdefaultaspxg=QfsTyLJ1USs=ampc=EZggD7hDKLw=
Arizona Bar Association wwwazbarorgCLE
OnDemand CLE
httpsazbarinreachcecomSearchmediaType=494a95bb-1e05-4c5b-a25f-36ad84bd4c39
82217 State Bar of Arizona Course on Professionalism
82317 Steering Clear of Malpractice Road Bumps
82417 Traffic Offenses
82517 Probate Rule 10(E)(2) Subsequent Training for Court-
Appointed Counsel
83017 A Survey of Family Law
And many more
ALA-ABI wwwali-abaorg
The ALI-ABA site has excellent online CLE courses forms printed books MP3 CDROMs CLE DVDs CLE MP3 Downloads CLE Court Materials and Course Papers
81017 Powers of Attorney Latest Legal Developments
81717 Creating and Maintaining a Paperless Practice
Improve Workflow Increase Efficiency
82317 Hot Topics in Legal Ethics
And many more
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 46
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
Organization for Legal Professionals wwwtheolporgeducation
Online Courses
Litigation Support Project Management
Paralegal Management Certificate Program
Project Management in Electronic Discovery
Computer Technology Skills for Paralegals
Legal amp EDiscovery Project Management Course
Institute of Paralegal Education httpipenbi-semscomContentaspxNavigationDataSource1=N63943 Webcasts amp Webinars httpipenbi-semscomContentaspxNavigationDataSource1=Rpp20NspEventDateSort7c1017c17cN63944-4294952056
Webcasts amp Webinars
8217 Medical records Made Easy for Paralegals
8817 Case Management for Paralegals Managing
Documents Files Calendars and Tasks
81717 A Paralegalrsquos Guide to Divorce Cases
82217 The Paralegalrsquos Guide to Probate
82317 Construction Law 101 for Paralegals
82417 Corporate Minute Books A How-To Guide for
Paralegals
82917 Smartphone Apps and Tricks for Paralegals
83017 Managing the Discovery Process A Paralegalrsquos Guide
91217 Paralegalrsquos Guide to Legal Research and Citation
Management
National Constitution Center wwwconstitutionconferencescom
8817 Legal and binding E-Contracts What Works in a Digital World
82117 Retaliation Claims Protect Clients from EEOC Charges amp Private Suits
West Legal Education wwwwestlegaledcentercom
If you know of any other sources for CLE and would like listings to be placed in this
publication please email Newsletterazparalegalorg
- Front Cover
- Table of Contents
- Board of Directors
- APA Announcements
- APA Member News
- 10 Employer Considerations in Light of Arizonas New Paid Sick Time
- Paralegals strike out on firing claims
- Wearable technology Counting the steps to a defense verdict
- August Webinar
- To Lay or Lie
- Sticky Business Etiquette Questions amp Answers
- September Webinar
- Tucson Paralegal Associations 38th Annual Seminar
- The Verdict
- The Brief
- NewBytes
- APA Job Bank
- Got CLE
-
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 8
an email to the employee or through the companyrsquos
intranet) is compliant with the law Further employers
utilizing a general PTO policy are not required to
carve out PST balances for reporting purposes but
rather may report the data from the general PTO
balances
7 Carryover Versus Payout at Year End
Employees must be allowed to carry over up to 40 (or
24 for ldquosmallrdquo employers) hours of accrued unused
PST to the following year However this carried-over
amount will not affect the annual accrual and use caps
as described above Thus a ldquolargerdquo employer need
only allow employees to accrue and use a maximum
of 40 hours of PST per year
However employers have two options to avoid this
carry-over requirement First employers may elect to
pay out accrued unused PST at yearrsquos end but must
make the following yearrsquos PST balance available for
immediate use Second according to a recently
proposed regulation employers that frontload the full
annual allotment of PST at the beginning of a new
year (rather than requiring employees to accrue it
throughout the year) are not required to carry forward
or pay out unused PST
8 Calculating Hourly Rate for PST Payout The
ICA has stated that shift differentials and premiums
such as hazard pay should be included when
determining an employeersquos rate of pay for PST but
overtime holiday pay bonuses incentive pay tips or
gifts do not need to be included The FAQs on the
ICA website also provide direction and examples for
determining the hourly rate for piece-work and
commissioned employees
9 Using a General PTO Policy to Comply with the
PST Law Employers with existing general paid
leave policies (ie PTO) that provide an amount of
paid leave that meets or exceeds the requirements
under the Act and can be used for the same purposes
as provided under the Act are not required to provide
additional PST However there are a number of
reporting and posting requirements specific to PST
As such the practical implication of the new law is
that most employers should update their policies to
account for these potential PST issues
10 Multistate Employers Many employers have
operations in multiple jurisdictions many with
different or conflicting PST laws Accordingly
multistate employers should consider creating a
standalone Arizona PST policy or an addendum for
Arizona employees that explains the parameters of the
Arizona PST law
Conclusion
This article attempts to address the most frequent
questions and concerns we are fielding from
employers large and small However there are many
other issues requirements options and possible
consequences that are best discussed on an
individualized basis As such companies are
encouraged to contact their employment counsel to
discuss their practices to ensure compliance with the
Arizona PST law
(10 Employer Considerations hellip Continued from page 7)
Reprinted with permission of the authors
Steve Biddle and Sarah K Watt of
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 9
1347 N Alma School Road Suite 150
Chandler AZ 85224
Office (602) 347-8503
wwwAZNHFcom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 10
Paralegals strike
out on firing
claims
Law firm employees who shared complaints with
co-workers didnt engage in concerted activity
and werent illegally fired National Labor
Relations Board (NLRB) administrative law
judges (ALJ) decided in two cases on June 30
In an Arizona case McCarthy Law PLC a
paralegal was fired after she commented on a
computer survey that senior officials werenrsquot
sufficiently engaged in law firm management The ALJ found the comment didnrsquot arise out of any
group discussion or employee activity and wasnrsquot protected by the NLRA
In the second case Trey Harlin PC an ALJ acknowledged that the NLRB has found that employee
discussions about sexual harassment can be concerted in nature but she found a Texas legal assistantrsquos
recounting allegedly inappropriate comments to her co-workers wasnrsquot concerted The employee never
asked for help or suggested any group protest action the ALJ found
The two cases illustrated that employees claiming protection under the National Labor Relations Act
show that their discussions about work-related matters were concerted in character and designed to
improve wages or working conditions not merely that they involved two or more employees
To read the complete article Paralegal Legal Assistant Strike Out on Firing Claims by Lawrence
E Dube Bloomberg Law published 732017 visit httpswwwbnacomparalegal-legal-assistant-
n73014461151
The decisions for both cases can be found here
McCarthy Law PLC 2017 BL 227283 NLRB ALJ Case 28-CA-175313 63017
httpwwwbloomberglawcompublicdocumentNLRB_ALJ_Decision_McCarthy_Law_PLC_No_C
A175313_2017_BL_227283doc_id=XJSTNHPC
Trey Harlin PC 2017 BL 327284 NLRB ALJ Case 16-CA-171972 63017)
httpwwwbloomberglawcompublicdocumentNLRB_ALJ_Decision_Trey_Harlin_PC_No_CA171
972_2017_BL_227284doc_id=XJSTNHHC
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 11
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 12
What do a rape claim in Pennsylvania a car accident
in Canada and an arson case in Ohio have in
common In each one ldquowearable technologyrdquo was
used as key evidence to prove or disprove the claim
Wearable technology encompasses devices people
wear which contain smart sensors and wirelessly
connect to smartphones through a web or Bluetooth
connection Certain types of wearable technology can
track a userrsquos activity and store the information for an
unlimited amount of time In civil and criminal
litigation fitness trackers and smart watches are
emerging as a potential source of information which
could provide valuable data for the prosecution or
defense of a lawsuit
Criminal case in Pennsylvania
For example when the police in Pennsylvania were
investigating a claim of rape they pulled the data
from the victimrsquos fitness tracker a Fitbit to
substantiate her story The victim claimed she was
sleeping in her home when an intruder entered her
bedroom and raped her However the Fitbit data
showed that the victim took approximately 1000 steps
after the time she claimed to have gone to bed and
prior to calling 911 The investigating officers
believed that the ldquovictimrdquo staged the crime scene
during those extra steps After completing their
investigation the police charged the supposed victim
with tampering with evidence and filing a false report
Personal injury in Canada
When a personal trainer suffered injuries in an
accident fitness trackers were not widespread Four
years after the accident the personal trainerrsquos lawyers
outfitted her with a Fitbit Force to show the plaintiffrsquos
current level of activity The lawyers gave the data to
Vivametric an analytics company and that data was
compared with the activity of the general population
as determined by ldquoindustry and public researchrdquo
Vivametric takes a single personrsquos data compares it to
Fitbitrsquos databank of collected and stored data from
other wearers and determines whether that person falls
above or below the average In this case the lawyers
are hoping the data will support their claim that the
trainerrsquos activity was below average
Property claim in Ohio
In the arson case the claimant told investigators that
when he saw the fire engulfing his home he packed
some belongings in a suitcase broke a window with (Continued on page 13)
Wearable technology
Counting the steps to a defense verdict By Nanci R Schanerman
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 13
his cane and threw items through the window before
carrying them to his car The claimant also told police
that he had a cardiac pacemaker The police were
suspicious of the firersquos origin They retrieved the
claimantrsquos pacemaker data through a search warrant
The data included the claimantrsquos heart rate pace
demand and cardiac rhythms before during and after
the fire A cardiologist determined that it was highly
improbable due to his medical conditions that the
claimant could do all the collecting packing and
removal of items from his house and then carry them
in the short period of time he indicated In addition
gasoline was found on the claimantrsquos clothing and the
fire started in multiple places The investigators stated
the medical data represented some of the ldquokey pieces
of evidencerdquo in the case
How can litigators use wearable technology in
their every day personal injury cases
The first step as with collecting any evidence in
litigation is to engage in discovery Under Florida
law and similarly in other jurisdictions the rules of
civil procedure state that a party can obtain discovery
regarding any matter ldquothat is relevant to the subject
matter of the pending actionrdquo If a party is claiming
they are injured and are no longer as active as they
used to be the data contained on any fitness or
activity tracking device is obviously relevant The
challenge in discovery will be to limit the scope of the
request to avoid the dreaded ldquofishing expeditionrdquo The
typical objections that could arise when requesting
fitness data are that it is burdensome to produce the
data is protected by a right to privacy and the request
is not limited in time or scope
Overcoming objections
It is easy to overcome these objections for the most
part To overcome a burdensome objection the
requestor can provide a protocol for easy download of
the information For example I created a protocol to
download Applersquos fitness data collected by any
iPhone (Yes iPhones are included as wearable
technology and automatically track a userrsquos activity)
or Apple Watch The protocol outlines step by step
how to extract the raw data and takes less than five
minutes
Until there is well established law regarding the
discovery of fitness tracking data the biggest
roadblock to discovery will most likely be objections
based on a userrsquos right to privacy One way to
potentially overcome this objection is to determine
whether the user shares the information with third
parties Most wearable technology contains a social
aspect where a user shares their data with friends or a
team much like social media Therefore law on
discovery of social media information will be
analogous to the collection of fitness tracking data In
Florida the Fourth District Court of Appeal in the
landmark case of Nucci v Target held that
ldquophotographs posted on a social networking site are
neither privileged nor protected by any right of
privacy regardless of any privacy settings that the
user may have establishedBy creating a Facebook
account a user acknowledges that her personal
information would be shared with othersrdquo Similarly
by opting to share fitness data with friends a user
acknowledges that his or her personal information
will be shared with others A second way to
potentially overcome a privacy objection is by
analogizing the fitness data with medical data
contained in medical records A plaintiffrsquos medical
records have long been considered discoverable to
prove a plaintiffrsquos injuries
Admissibility
After discovery of the data the next step is to lay the
foundation for admissibility at trial The foreseeable
challenges to admissibility are most likely going to be
the authentication of the data and the accuracy of the
data There are several ways to authenticate the data
such as questioning the user identifying data unique
to the use of the device like references to a particular
fitness goal or hiring a computer forensic expert
Proving the accuracy of the data will be a bigger
problem For example Apple admits that its heart rate
data is flawed If anything is blocking the LED lights
on the back of the watch which measure the heart rate
such as tattoos or irregular skin perfusion the heart
rate reading will not be accurate Similarly Apple
states on its website that water immersion while
swimming could interfere with accurate heart rate
data Furthermore irregular movements can confuse
(Wearable Technology hellip Continued from page 12)
(Continued on page 14)
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 14
any device Fitbit has also had the accuracy of its heart
rate data questioned in a class action filed in 2016
currently pending in Northern District of California In
the suit consumers from California Colorado and
Wisconsin allege that the heart rate tracking in the
Charge HR and the Surge two products that came to
market in 2015 is inaccurate by a significant
margin especially during periods of intense exercise
Overcoming challenges to accuracy of the data will
surely interfere with its admissibility but it would still
certainly be worth trying to admit overall trends in the
data instead of an exact number of steps walked in a
day or beats per minute of a personrsquos heart
With all of this in mind the challenge will be to find a
plaintiff pursuing a claim who utilizes a fitness
tracker This may become less of a challenge in the
next few years as experts predict fitness trackers and
smart watches will increase in the market by 195
million units by 2020 Furthermore employers and
insurance companies are outfitting people with
wearable technology to reduce risks and work place
injuries Several health insurance companies are
offering discounts to people who utilize this
technology and submit it to show a healthy and active
lifestyle
Wearable technology is constantly evolving and
getting better with each generation It will be
interesting to see what happens when the law catches
up and whether this data will become a regular part of
personal injury litigation much like social media
discovery
Reprinted with permission of the author
Nanci R Schanerman of
(Wearable Technology hellip Continued from page 13)
Mike McCrary Discovery Consultant
mmccraryfronteocom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 15
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 16
Join us on WEDNESDAY August 9 2017 at 1200 PM for this one-hour CLE webinar by Dr Arthur Eckstat ldquoWill That Product Liability Personal Injury Claim Prevailrdquo
What yoursquoll learn
Whether you are the team pursuing a product liability personal injury claim or defending against one the
criteria for prevailing is much the same Yoursquoll learn the criteria for a valid product liability claim and further
examine red flags that can affect your ability to prevail and suggestions on how to manage them
Criteria and Red Flags discussed include but not limited to
This webinar qualifies for 1 hour of CLE credit
Cost $25 for APA members $30 non-members
LAST DAY TO REGISTER FRIDAY AUGUST 4 500 PM
Identifying party(s) responsible Evidence collecting and protecting
How and why did the injury occur Expert witnesses ndash need types roles
What really happened despite story Interrogatories ndash Use and abuse
Likelihood of substantiating negligence Costs of pursuing or defending a claim
Strict Liability criteria for prevailing Contingency fee considerations
Identifying designmanufacturing defect
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 17
Our Speaker
Dr Arthur Eckstat
Engineering Consultant and Expert Witness
Dr Arthur Eckstat has served as an Engineering Consultant amp Expert Witness for over 15 years specializing
in Products Liability Personal Injury matters including wrongful death Art is often approached by plaintiff
attorneys to support what would be an unwinnable claim He created Lawsuit Consultant
(wwwlawsuitsconsultantcom) to help Products Liability Plaintiff Attorneys learn how to choose craft and
conduct winning cases while identifying and avoiding losing or under-performing cases That service
expanded to helping Defense Attorneys and insurance companies learn how to determine the validity of injury
claims Regardless of which side of an injury claim yoursquore representing two primary questions are ldquoHow was
the claimant injuredrdquo and ldquoWhy was the claimant injuredrdquo
Art possesses a Mechanical Engineering degree and an earned Doctorate He took early retirement from the
corporate worlds of Automotive and Aerospace engineering where he received international recognition and
accolades from both internal and external customers for his unique ability to see and explain what others have
missed He has successfully bridged the breach between Academic and Practitioner Art was honored as a
Contributor to Aviation History by Donald Engen Director of the Smithsonian National Air and Space
Museum in a ceremony held at the museum in Washington DC
DEADLINE TO REGISTER August 4 at 500 pm
Premier Designs Jewelry
Kathy Hanchette
Beyond Diva Jewelry
602-264-2230
wwwArizonaCourtReporterscom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 18
A degree above all others
12th Street and Missouri
Phoenix AZ 85014
(602) 212-1445
mbatranscriptazcoxnet
Serving local and national clientele with their
legal and general transcription needs
including civil criminal personal injury
family law as well as assisting in other areas
of law
INTEGRATED MEDICAL EVALUATIONS INC
401 W Baseline Rd Suite 206
Tempe AZ 85283
6023650132
wwwimewestcom
I avoid looking I avoid looking I avoid looking
forward or forward or forward or
backward and backward and backward and
try to keep try to keep try to keep
looking upward looking upward looking upward Charlotte BronteCharlotte BronteCharlotte Bronte
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 19
Many have a problem with lie or lay How do you know when to use which one
Lay (lay laid laying) means ldquoto putrdquo or ldquoto placerdquo Because itrsquos a verb (action word) it requires an object to
complete the meaning
Please lay the groceries on the counter
She laid her resignation letter on the bossrsquos desk
He is always laying his schoolbooks on the kitchen table
Lie (lie lay lain lying) means ldquoto recline rest or stayrdquo or ldquoto take a position of restrdquo Unlike lay which re-
quires it lie cannot take an object
She said she was going to lie on the bed to test the mattress
The pleading was lying on his desk for him to sign
A way to remember the difference is that if you can replace the questionable lie or lay with place (or the correct
version of it) then you need to use the correct version of lay If it doesnrsquot use the correct version of lie
She wanted to (lay or lie) down for a nap Would you say ldquoShe wanted to place down for a naprdquo No So
the proper word would be lie
He (laid or lay) the coffee on his secretaryrsquos desk Is it ldquoHe placed the coffee on his secretaryrsquos deskrdquo Yes
Then laid is correct
Another reminder hint might be if you are going to plAce something then you are going to lAy it but if you
are going to rEst you are going to liE
Thanks to Kathy Sieckman PP PLS-SC ACP of wwwProofthatblogcom for the above
To Lay
or Lie
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 20
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 21
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 22
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 23
Occasionally we all come across
situations in which we wonder
Would Miss Manners approve But
in the digital age of social
networking the etiquette lines can
become even blurrier Following are
some common sticky business
etiquette questions and tips to help
tackle them
Social Media
Should I personalize my LinkedIn requests to
connect with others
Its perfectly fine to use the form letter and in fact
most people do it for convenience even when
connecting with close contacts But if you wish to
connect to someone you havent seen in a while take
the time to personalize the message and explain how
youve met
How do I keep my manager from getting wind of
my job search using LinkedIn
If you consistently have a voice share opinions and
articles and tend to your audience and your network
as a daily routine mdash and not just when youre looking
for work mdash then when its time to find that next career
opportunity none of your activity will look out of the
ordinary But its not smart to immediately update your
LinkedIn profile by adding a large number of new
contacts fleshing out your profile and soliciting
recommendations Adjust your settings so you dont
broadcast activity youre not willing to share Pay
particular attention to the Opportunity Preferences
section under Contact Settings If you say you are
interested in career opportunities you could be
sending a red flag to your manager You can gain
exposure among your peers by joining groups related
to your professional field Many recruiters are
members and scan the roster for potential hires
Contribute to the discussion and establish yourself as a
subject matter expert to catch their interest
Should I friend my boss or coworkers
This is the $64000 question and the feelings of those
on the receiving end may provide the answer (See
Thinking About Friending Your Boss on
Facebook on Page 10 of Business Etiquette The
New Rules in a Digital Age) If you do connect utilize
privacy settings and different friend lists to control
how mdash and with whom mdash you share content Be
sensitive to your professional environment some
industries or companies are much more engaged in
digital networking than others If youre starting a new
job take your cue from others before sending out
friend requests to your new colleagues
Can Facebook postings hurt my job search
A good rule of thumb is to always post prudently If
you dont want your employer to see it get rid of it A
recent survey by our firm revealed that 44 percent of
executives review the Facebook presence of potential
hires Even if your account is just for fun keep it in
check To put your Facebook on a privacy lockdown
click on the drop-down Account menu in the top
right corner and select Privacy Settings Keep in
mind that Facebook may change its privacy features at
(Continued on page 24)
Sticky Business Etiquette Questions amp Answers
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 24
any time and you might not be aware of the changes
when they occur Always assume that anything you
post online may become public
Should I use Facebook at work
Maybe if its for work-related purposes and not just
keeping your friends updated on your weekend
activities Then again maybe not Thirty-eight percent
of chief information officers interviewed by Robert
Half have implemented stricter social networking
policies as these tools have become more prevalent in
the workplace If youre not sure what rules your firm
has in place check with your manager or human
resources representative Your best bet is your own
good judgment Just as you would expect to restrict
personal phone calls or conversation at work you
should limit personal use of social networking
platforms too
Whats the right way to decline a request to
connect with someone
While an automated No thank you could make our
lives easier no response at all might be your best bet
Dont feel pressured to connect with someone you
would rather not form a relationship with and dont
feel the need to explain your decision If you expect
you might run into the individual in person be
prepared in case you are confronted about it Simply
click Ignore especially if the person is a stranger
If someone follows me on Twitter should I
automatically follow him or her back
No because you may end up unfollowing the person
later Before following people check out their feed
bio and previous tweets to get a sense of them or their
organization and determine if youll be interested in
seeing the kind of content they share Although its
considered good etiquette to follow someone back
dont do it indiscriminately Its your feed and you
want to make it valuable to you
Emails and Conference Calls
Uh oh I sent a confidential email to the wrong
person What do I do now
Its not a lost cause and there are a few steps you can
take First try to use the recall function of your email
program But keep in mind that not all applications
offer this option and various factors can affect how
successful it is If this step doesnt solve the problem
you need to limit the impact of your mistake Contact
those who are affected the recipient and possibly the
person to whom you intended to send the message
Explain your error and if you need their help
correcting it You also may need to inform your
manager of the mistake
How responsive should I be to e-mail when Im on
vacation
It depends on whether you want to have a real
vacation If your Out of Office says youre not
checking e-mail on vacation dont check and respond
to messages Doing so changes expectations and
implies youre more accessible than you said youd be
Instead be considerate to others needs while you are
out and list a back-up contact in your Out of Office
auto response
I forgot to attach a file before sending an emailhellip
again How can I avoid this in the future
Slow down Everyone forgets to attach a file from
time to time because theyre in a rush But repeatedly
making this mistake can cause your colleagues to
question your attention to detail Going forward try
attaching your file before you compose your message
This way you can be sure it makes it to the recipient
Just make sure you attach the right file
How can I prevent my colleagues from scheduling
conference calls over lunch
Everyone should have a chance to eat lunch Often
people simply look for an open spot on others
calendars when scheduling a meeting So you might
consider blocking out your lunch hour to ensure you
have time to grab a bite to eat Although it may be
unavoidable to meet during this time on occasion you
might find that this simple step helps you out
Thanks to Robert Half for this information To learn more about
Robert Half visit wwwroberthalfcom
(Sticky Business hellip Continued from page 23)
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 25
3150 N 24th Street
Suite D-104
Phoenix AZ 85016
6022569700
The Nationwide Legal LLC team provides a
broad spectrum of comprehensive legal support
services at an unparalleled level of quality NWL
utilizes state-of-the-art technology to deliver
practical and cost-effective solutions for all of
your legal support service needs wwwNationwideASAPcom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 26
BILLING
BLUNDERS AND
FEE AGREEMENT
ESSENTIALS Speaker
Lynda C Shely
Esq
Ethics Lawyer
Speaker
Consultant
APA WEBINAR
Wednesday September 13 2017
1200-100 pm
COST APA Members $25 (or use your free 2017 webinar coupon) All others $30
This webinar qualifies for 1 hour Ethics CLE credit
Lynda C Shely of The Shely Firm PC Scottsdale Arizona provides ethics advice to over 1500 law firms in Arizona and the
District of Columbia on a variety of topics including conflicts of interest fees and billing trust account procedures lawyer
transitions multi-jurisdictional practice ancillary businesses and ethics requirements for law firm advertisingmarketing She also
assists lawyers in responding to initial Bar charges performs law office risk management reviews and trains law firm staff in
ethics requirements Lynda serves as an expert witness and frequently presents continuing legal education programs around the
country Prior to opening her own firm she was the Director of Lawyer Ethics for the State Bar of Arizona Prior to moving to
Arizona Prior to moving to Arizona Lynda was an intellectual propertyantitrust associate with Morgan Lewis amp Bockius in
Washington DC Lynda received her BA from Franklin amp Marshall College in Lancaster PA and her JD from Catholic
University in Washington DC
Lynda was the 2015-2016 President of the Association of Professional Responsibility Lawyers She serves on several State Bar of
Arizona Committees and as a liaison to the ABA Standing Committee on Ethics and Professional Responsibility She is an
Arizona Delegate in the ABA House of Delegates Lynda has received several awards for her contributions to the legal profession
including the 2007 State Bar of Arizona Member of the Year award the Scottsdale Bar Associationrsquos 2010 Award of Excellence
and the 2015 AWLA Maricopa Chapter Ruth V McGregor award She is a prior chair of the ABA Standing Committee on
Client Protection and a past member of the ABArsquos Professionalism Committee and Center for Professional Responsibility
Conference Planning Committee Lynda was the 2008-2009 President of the Scottsdale Bar Association She has been an adjunct
professor at all three Arizona law schools teaching professional responsibility
LAST DAY TO REGISTER FRIDAY September 8 2017 at 500 PM
Click Here to Register httpazparalegalorgevent-2588123
Ethical and practical considerations for all firms ndash even those that think they do not need to
track hourly time Lynda will review what clauses are mandatory for all fee agreements in Ar-
izona as well as clauses that will help with client communications and expectations Billing
tips will go over the five things to never do in a time entry why block billing is prohibited in
Arizona how to get paid faster and common mistakes made in client invoices
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 27
WOOLSTON amp TARTER PC AUDIT DEFENSE amp TAX LITIGATION
Congratulations to the Arizona
Paralegal Association on 40
successful years of promoting the
paralegal profession
In just about every area of society therersquos nothing more important than ethics
Henry Paulson
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 28
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 29
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 30
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 31
Jason Bagley
Senior Territory Manager
(602) 559-4587
jasonbagleylexisnexiscom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 32
GENDER EQUALITY
The process of voir dire sometimes includes
subtle and not-so-subtle attempts at gender
stacking of jurors to prevent or create bias
toward a plaintiff Other demographic factors
may be more influential but gender is still
important though not necessarily in the way
one would suspect
The accompanying chart based on California New York and Texas cases reported to VerdictSearch depicts
plaintiffsrsquo winning percentages according to the plaintiffrsquos gender and the juryrsquos composition Bias is evident
but it is not dependent on the plaintiffrsquos gender
Any plaintiffrsquos winning percentage is substantially greater when his or her case is heard by a female-
dominated jury rather than a male-dominated jury or a gender-neutral jury The takeaway All other factors
being equal plaintiffs are best served by female jurors The equation flips when it comes to awarding
damages but thatrsquos a topic for another study
Thank you to Verdict Search for this analysis To learn more about VerdictSearch visit
wwwVerdictSearchcom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 33
Vol 13 No 8 August 2017
Fees Increase in One Week
Most filing and service fees will increase on Wednesday August 9 2017 Documents submitted for filing that are received by the Clerks office (file counter by mail or through a filing depository box) on or before August 8 will be subject to the current fees Documents received for filing on and after August 9 will be subject to the new fees Fees are posted on the Clerkrsquos website at httpwwwclerkofcourtmaricopagovfeesasp
Appeal and Cost Bond Info Online
Court rules statutes court orders or other authorities may require posting appeal or cost bonds with the Clerks Office Depending on the type of issue the parties the complexity of the case and other factors years can pass between the bond posting date and resolution of related issues During that time parties attorneys and the courts may overlook issuing a court order releasing the money The Clerks Office holds the funds until a court order directs the Clerk specifically what to do with those funds The Clerkrsquos Office has now posted lists online of bonds posted with the Clerks Office where the need for the bond may have ended and no court order was filed allowing the Clerk to return the money If you or your clients posted an appeal or cost bond in any case it is worth checking if funds are still on hold
Customers can search the online lists by party name or case number A party or their attorney must file a petition with the court requesting an order be issued directing the Clerk to release these funds The Clerks Office will only release money by court order and only as specifically directed in the order For more information about the deposit or release of these funds including specific information the Clerkrsquos Office needs before releasing money see the Clerkrsquos website at httpwwwclerkofcourtmaricopagovrelease_bondsasp The Clerks Office will only assist parties to a case or their attorneys Third-party vendors personal representatives and other non-parties must be named in a court order to obtain detailed information or to receive a payment check
Law Library Resource Center Filings Grow by Leaps and Bounds
Last year the Superior Court in Maricopa County renamed relocated and expanded its self-service center into the Law Library Resource Center (LLRC) The Clerkrsquos Office staffs a filing counter within the downtown Phoenix LLRC to allow customers a one-stop-shop for research drafting and filing court documents Filings within the LLRC have gone up every month since its establishment In January 2017 the file counter handled 406 transactions and nearly doubled that volume by the end of March 2017 with 802 transactions In June the file counter processed more than 1000 transactions Clerk staff at this window can process fee deferral applications adding to customersrsquo onsite convenience For more information about the LLRCrsquos services locations and other details see the Superior Courtrsquos website at httpswwwsuperiorcourtmaricopagovSuperiorCourtLawLibraryResourceCenter
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 34
THANK YOU
Our Charity Raffle Prize Drawing for this beautiful quilt donated by the Emmanuel Lutheran Quilters of Prescott Valley Arizona raised $350
All proceeds have been provided to Feed Hungry Children Program in Prescott Valley Arizona
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 35
Paralegal robot reviews patent documents There is a new software RoboReview that helps patent
lawyers draft applications that are more likely to pass muster with the USPTO It automates paralegal
work bringing more rigor to the task of researching prior art and potentially saving thousands of dollars
on a filing Typically this review is done by humans doing multiple searches To read more visit the
ABA Journal httpwwwabajournalcomnewsarticlepatent_document_robot_legal_review
Paralegal cries after being charged with stealing $12 million from law firm The paralegal was an
office manager for a law firm in downtown Toledo where prosecutors allege she embezzles money from
the firm and from the trust account of a disabled client between 2008 and September 2015 The suit
claims that the paralegal forged signatures and falsified bookkeeping software and other records to steal
from the firm The paralegal cried throughout the bond hearing She has been fired To read more about
this case visit httpwwwtoledobladecomCourts20170712Bond-set-at-100K-for-office-manager-
charged-with-embezzling-1-2Mhtml
Paralegal re-appointed to Florida Bar Section Priscilla Horn Warren a nationally and Florida
certified paralegal will continue to serve on the States Solo and Small Firm Section as their paralegal
representative for 2017-2018 term Warren has continuously served as paralegal liaison with the section
since 1995
Law Firm not liable for paralegal mistake on $15 bn loan A New York Judge found that the firm did
not owe a duty of case to third parties The paralegal had accidentally cancelled the security interest of a
$15 billion loan to General Motors The firm did not represent the lenders and as such did not owe a duty
to third parties JP Morgan Chase acted as lenders and its lawyers also missed the mistake The mistake
was only noticed when GM filed for bankruptcy protection in 2009 To read more visit
httpwwwgloballegalpostcombig-storiesmayer-brown-not-liable-for-paralegal-mistake-on-$15-bn-
loan-73921531
Lawyer and paralegal arrested after being found with meth pipes and other drug paraphernalia
The attorney claimed that the equipment didnt belong to him (my paralegal did it defense) To read
more visit httpwwwarkansasmatterscomnewslocal-newsconway-lawyer-and-paralegal-arrested-on-
drug-possession769588833
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 36
DIAMOND SPONSORS
National Health Finance
ABI Document Support Services
RUBY SPONSORS
Nationwide Legal Inc
Vocational Diagnostics Inc
EMERALD SPONSORS
MBA Legal Transcription
First Legal Network
LexisNexis
Coash amp Coash
Robert E ldquoBobrdquo Underdown The Insurance Archaeologist
Jones Skelton amp Hochuli
THANK YOU TO OUR SPONSORS AT OUR ANNUAL LEGAL CONFERENCE AND 40TH ANNIVERSARY CELEBRATION
Thank you to the individuals and businesses that support the Arizona Paralegal
Association in our efforts to promote and educate the paralegal community by
becoming Legal Seminar Sponsors The assistance of our sponsors has been vital in
bringing educational programs to paralegals across Arizona This Legal Seminar would
not be possible without the help of the sponsors and we hope you will join us in
PEARL SPONSORS
Compex Legal Services Inc
Kathy Hanchette Premier Designs
Robson Forensic
Parasec
Iron Mountain
Litigation Services
Fronteo
The Morton Group
Integrated Medical Evaluations Inc
Elite Medical Experts
Lynn Tofaute Yanbal Jewelry
Griffin amp Associates
Discovia
Woolston amp Tarter PC
Ottmar amp Associates
Ballard Spahr LLP
DTI Global
Thank you to these Northern Arizona sponsors who have generously donated
prizes for the Arizona Paralegal Association drawing
Murphyrsquos Restaurant Prescott Arizona
Susanne Chacon Scentsy 9287108777
Yavapai Title 9284452528
Mangum Pearce Court Reporting 9284451909
Prescott Law group PLC 9284451909
Emmanuel Lutheran Quilters Prescott Valley
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 37
Congratulations to the Arizona Paralegal Association on 40 years
1 East Washington St Suite 2300
Phoenix AZ 85004
602798-5400
wwwballardspahrcom
6024851488
wwwOtmarAssoccom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 38
APA MEMBER JOB BANK
DONrsquoT FORGET TO CHECK OUR ONLINE
JOB BANK FOR UP-TO-DATE JOB LISTINGS
at httpwwwazparalegalorgjobbank
[In order to view the online Job Bank you must login
to our new website (using your email and password)
If you experience any difficulty logging in please
contact membershipazparalegalorg for assistance]
PARALEGAL - BANKRUPTCY LITIGATION
Position Overview
Under the supervision of one or more lawyer(s) the
Paralegal assists in the delivery of quality efficient
and accessible legal services in the bankruptcy real
estate corporate andor commercial litigation practice
groups
Responsibilities
Draft routine pleadings statements affidavits
andor other legal documentation as appropriate at
the specific direction of attorneys
Prepare initial drafts of legal documents for
bankruptcy proceedings including case captions
and simple pleadings such as claim forms requests
for notice or judicial notice etc
Arrange Court Call appearances communicates
and cooperates with Court clerks on filings and
appearance requirements and interacts with Court
personnel as necessary to serve client needs
Prepare initial drafts of fee applications when
representing estate professionals and oversecured
creditors in bankruptcy cases and in connection
with fee awards in other litigation contexts
including exhibits and declarations in support
Compile documents in connection with appeals
including designations and indexes of the record
district court elections and requests for transcripts
Draft notices of appearance substitutions of
counsel documents pro hac vice applications and
corporate ownership statements
Assist with discovery-related filings including
Bankruptcy Rule 2004 examination applications
notices and orders subpoenas and notice of
servicecompliance
Manage non-judicial trustees sale process
including security instrument review public
record filing review notice drafting service
completion bid compilation sale procedures
communications with interested parties deed upon
sale drafting and all necessary public recording
and filing
Perform ECF filings and review local rules for
pleading forms notice and service requirements
Fulfill duties to deliver court copies courtesy
copies lodged order uploads in pdf or Word and
complies with all local rule requirements
Organize index and track large numbers of
documents including development of information
(Continued on page 39)
DO YOU KNOW OF A PARALEGAL POSITION AT YOUR PLACE OF EMPLOYMENT
If so advise your employer that the APA offers ad space for paralegal jobs to employers free of charge To place a job bank ad or for information on a job send an e-mail to Betsy Wolf at jobbankazparalegalorg
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 39
APA MEMBER JOB BANK
retrieval systems performs all case management
functions
Perform calendaring or docketing of information
as needed
Research and obtain information from various
courts administrative bodies public information
sources etc
Performs electronic research using PACER court
websites Westlaw and Lexis in addition to
Shepardizing and Bluebooking citations
Coordinate efforts with trials and hearings such as
taking notes handling exhibits organizing and
gathering factual information etc
Attend trials or client meetings as needed inside
and outside the office that require face-to-face
contact
Coordinate vendors in conjunction with a project
such as court reporters process servers copy
vendors etc
Track time in DTE and assures that services
provided are properly charged to the client
Track expenses for travel client meetings and
court appearances
Essential Job SpecificationsQualifications
Familiarity with pleading notice and service rules
triggered in Chapter 7 and 11 Bankruptcy Courts
Familiarity with Uniform Commercial Code
enforcement process and procedures
Familiarity with basic corporate formation
practices and procedures
Ability to perform ECF filings
Excellent computer skills including Word Excel
PowerPoint and database applications
Ability to deal professionally with all levels of
clients both internally and externally
Proven ability to solve problems work
independently and tackle projects with minimal
supervision
Ability to be flexible meet deadlines handle
pressure and adapt to changing work priorities
work flow and work assignments
Ability to effectively and respectfully
communicate verbally and in writing with other
staff lawyers management and clients
Ability to organize a large amount of data and files
into an efficient system (both electronic and
hardcopy) for easy filing and retrieval
Ability to maintain confidences as well as build
confidences and trust
Ability to pay close attention to detail
Ability to work overtime up to 10 or more hours
per week
Ability to work off-site at client location(s) for
extended periods of time
Requires the ability to regularly report to work on
the days and times scheduled or alternatively to
work flex hours depending on lawyer and client
needs
Physical Demands
Ability to work in a typical office environment and
lift up to 25 lbs NOTE Reasonable
accommodations may be made to enable
individuals with disabilities to perform the
essential functions
Travel
Ability to travel locally
EducationExperienceCertifications
Bachelors Degree andor Paralegal Certificate
Minimum of two years experience with
bankruptcy and litigation practice(s) at a law firm
Disclaimer
The above statements are intended to describe the
general nature and level of work being performed by
the incumbent in the position They are not intended
to be an exhaustive list of all responsibilities duties
and skills of the employee Duties and responsibilities
may change at any time with or without notice
(Job Bank hellip Continued from page 38)
(Continued on page 40)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 40
How to Apply Please send resume to
lisaspannbryancavecom
Equal Opportunity Employer
LITIGATION PARALEGAL - INSURANCE
DEFENSE
Jones Skelton amp Hochuli is seeking an ambitious
paralegal with 5+ years of experience in general civil
litigation and experience in State and Federal courts
The ideal candidate will have a stable work history
and exceptional communication and organizational
skills We offer a competitive salary and benefits
package and a team-oriented working environment
Please email your resume to Recruitingjshfirmcom
AAEOE
EXPERIENCED LITIGATION PARALEGAL
Dickinson Wright PLLC (Phoenix office) is in need of
a litigation paralegal
Requires a minimum of three yearsrsquo recent experience
in Arizona law
Job Description
Organize and synthesize information through the
preparation of summaries chronologies reports
spreadsheets
Draft and review routine legal documents (eg
privilege logs exhibit lists discovery disclosures
etc)
Assist attorneys on cases by providing
computerized support to help them plan organize
research analyze argue and present their cases in
a more cost and time efficient manner
Provide the day-to-day support of data
management
Assist attorney in trial preparation and set-up of
electronic equipment in the courtroom provides
court assistance as required
Assist with managing cases projects on various
levels and at various stages of the litigation
process
Candidates must have excellent communication skills
for contacting clients experts and other outside
parties have knowledge of state and federal court
rules procedures and e-filing requirements drafting
be self-motivated a team player proficient in MW
Word Outlook 2010 and a working knowledge of
document management systems Relativity and Trial
Director experience is a must
EducationalExperience requirements
Paralegal certificate from ABA school or
certification
We offer a competitive salary and benefits package
and an outstanding work environment All candidates
must submit a cover letter resume and salary history
Please email resumes to
LMandellDickinsonwrightcom
EXPERIENCED FAMILY LAW PARALEGAL
Cantor Law Group an AV-rated six-attorney family
law firm located in downtown Phoenix seeks a sharp
paralegal with at least two years of recent Arizona
family law experience In this position you will work
closely with an associate attorney to manage a case
load of 40+ cases covering a wide range of domestic
relations issues Experience with high-asset andor
DCS cases is a plus Must be a strong writer able to
draft pleadings and correspondence Exceptional
people skills are needed as there is a great deal of
client contact
An attractive compensation and benefits package is
available for the right candidate In addition to a
competitive salary and bonus opportunities we offer
an outstanding benefits package including ten paid
(Job Bank hellip Continued from page 39)
(Continued on page 41)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 41
holidays per year ten days paid vacation days yearly
five days personal paid time off yearly as well as the
availability of medical dental vision and life
insurance A 401K with a very generous employer
match is offered after one year
Requirements
2 years recent Arizona family law experience
Proactive able to handle and direct caseload with
minimal supervision
Attention to detail and excellent follow-up
Excellent analytical capabilities amp writing skills
able to draft substantive motions for attorney
review
Work well as a member of a fast-paced team
Professional appearance demeanor and attitude
Great client relations skills
Excellent computer skills including proficiency in
MS Word and other MS Office applications
Paralegal certification preferred (not required)
Knowledge of Time Matters or other case
management software a plus
Please send resumes to hrdmcantorcom
EXPERIENCED CRIMINAL DEFENSE
PARALEGAL
The Law Offices of David Michael Cantor an AV
rated criminal defense firm in Downtown Phoenix is
seeking an experienced paralegal with felony amp
misdemeanor experience to work closely with our
attorneys Our practice includes the full spectrum of
criminal charges and you will have the opportunity to
work on cases involving drug charges violent crime
sex offenses white collar crime property crime and
DUIs
The job
Proactively manage a substantial caseload without
direct supervision
Prepare and file pleadings according to attorney
instructions
Prepare trial notebooks and handle all trial prep
work
Create high quality correspondence and other
documents with little to no supervision
Maintain professional relationships with law
enforcement and prosecutors
Provide excellent customer service for our clients
Support 1-2 attorneys
We offer
Competitive compensation
Outstanding benefits including medical dental
vision lifeADampD coverage
401K with generous employer match
Paid vacation and sick time
Ten paid holidays per year
You
2+ years of private Arizona defense experience
handling both misdemeanor and felony charges
Familiar with Arizona courts and MVD
Proactive ndash needs little supervision
Great follow-up skills and attention to detail
Excellent writing skills
Professional appearance and behavior
MS Word and other MS Office applications
Keyboard speed 50+ wpm
Reliable
Enjoy being a member of a friendly team of
professionals
Experience with Abacus or other case
management software desirable
Please send resumes to hrdmcantorcom
PARALEGAL
Sentry Insurance is looking for a Paralegal to provide
litigation and administrative support to our Staff
(Job Bank hellip Continued from page 40)
(Continued on page 42)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 42
Counsel operation If you are looking for a career
with great potential choose the company with the
strength and stability to offer it all
What Yoursquoll Do
As the Paralegal yoursquoll assist the attorney staff by
performing legal activities which do not require
attorney signature client advise or appearances in
court In addition yoursquoll
Assist in the preparation of responses to discovery
under direct supervision of an attorney
Perform factual investigations and document
searches
Obtain investigative materials and policy
information
Contact insureds and other witnesses to obtain
factual statements
Coordinate scheduling of litigation activities and
witness appearances
What it Takes
Associate Degree or equivalent work experience
2-5 years of related work experience at least one
year in litigation practice
American Bar Association-Certified Paralegal
Training
Advanced knowledge of case management and
knowledge of and ability to perform legal
research
Experience with resources such as Westlaw and
Lexis
Strong analytical ability and knowledge of
litigation processes
Strong organizational and communication skills
Ability to maintain confidentiality
Strong working knowledge of the Internet
PowerPoint Excel and Word and familiarity with
legal case management software (ProLaw Clio
etc)
Ability to work independently and in multi-
jurisdictional venues
Must be able to meet travel requirements of the
job
What Yoursquoll Receive
We offer an outstanding array of benefits for our
associates including
Competitive Compensation
Group Medical Dental Vision and Life benefits
Generous Paid-Time Off - including Company
Holidays
401k plan with a dollar-for-dollar match on your
first six percent ndash immediate vesting
Access to more than 100 certification designation
and licensing courses
Career advancement opportunities
Why Sentry Insurance
Sentry employees have been helping individuals and
businesses build and protect their futures since 1904
Because of the trust placed in us Sentry is one of the
largest and strongest mutual insurance companies in
the United States and is rated A+ by AM Best the
industrys leading rating authority Sentry offers a full
line of property casualty and life insurance products
to protect businesses cars homes lives and retirement
incomes
So make the right choice - with great potential for
growth an outstanding 401(k) program and a schedule
that offers you a balance between your work and life
choose the company with the strength and stability to
offer it all Choose Sentry Insurance Sentry
Insurance is an Equal Opportunity Employer Apply
online at httpsjobssentrycomsearch119871
FULL-TIME LEGAL SECRETARY ASSISTANT
Mid-sized law office is seeking a self-motivated and
highly organized legal secretary with a minimum of 5
years of experience supporting 2 or more attorneys
Position will support multiple attorneys with case
management assistance calendaring state and federal
court filings formatting correspondence and
(Job Bank hellip Continued from page 41)
(Continued on page 43)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 43
pleadings copying mailing and other clerical duties
Optimal candidate will be able to accept and
implement directives maintain focus in hectic
environment keep attorneys informed of progress at
regular intervals and prioritize multiple projects
Working knowledge of MS Word amp Excel required
Associatersquos degree and background in litigation andor
insurance preferred EEOC Please email reacutesumeacute and
cover letter with salary requirements to
admincdslawfirmcom
EXPERIENCED PLAINTIFFS PERSONAL
INJURY LEGAL ASSISTANT
Small growing fast-paced Central Phoenix Personal
Injury Law Firm seeking full-time Legal Assistant to
join our team
Candidate must have excellent skills and 5 years
experience in a Plaintiffs Personal Injury Law Firm
with an ability to perform in a fast paced environment
Bi-lingual (SpanishEnglish) preferred but not
required Position involves significant interaction with
clients and requires attention to detail Good
organizational skills with a strong work ethic are
essential as is the ability to multi-task
Responsibilities include handling a large pre-litigation
caseload interfacing with attorneys and legal
assistants Must be proficient with MS Word Outlook
and Needles Case Management (preferred but not
necessary) Salary is competitive and DOE
Qualified candidates should e-mail resume with a
cover letter detailing their skills employment history
and salary requirements to
acoronadoblakefirmcom
(Job Bank hellip Continued from page 42)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 44
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
NALA Campus LIVE - Live web seminars are offered in two sessions each year FebruarymdashMay and AugustmdashNovember Each ses-sion features about 30 on-line seminars The audio files and handout material are copyrighted by NALA and the authors They are for personal use only Duplication of any of the material or any commercial use is strictly prohibited
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics httpswwwnalaorgcontinuing-educationwebinars NALA Campus LIVE - Live web semi-nars are offered in two sessions each year FebruarymdashMay and AugustmdashNovember Each session features about 30 on-line seminars The audio files and handout material are copy-righted by NALA and the authors They are for personal use only Dupli-cation of any of the material or any commercial use is strictly prohibited
82217 Music Law and Intellectual Property Rights
82417 So the Plaintiffrsquos on Medicare
82017 The ABCrsquos of Special Education
In addition to the Live Webinars NALA has On-Demand Webinar Courses available httpswwwnalaorgcontinuing-educationon-demand-webinar NALA also has a wide variety of available Self-Study courses as well as the Live Webinars You can access the Self-Study courses here httpswwwnalaorgcontinuing-educationself-study Many of these courses are recommended for preparing for the CP exam
NATIONAL BUSINESS INSTITUTE
wwwnbi-semscom
Live Video Webcasts
httpwwwnbi-semscomDefaultaspxVideo-WebcastsNavigationDataSource1=N63782
OnDemand amp Downloads
httpwwwnbi-semscomContentaspxst=ArizonaampNavigationDataSource1=N63932-63947
8817 Probate Boot Camp
8917 Real Estate Title and Conveyance Handling the Top
Issues
8917 Marijuana Business Legal Considerations
81417 Legal Descriptions Title Insurance and Surveys in Real
Estate Transactions
81517 Advanced Custody and Support Issues
81617 Personal Injury Trials 101
82117 Trusts from Start to Finish
82217 How to Get Your Clients Paid Debt Collection 101
82317 Bankruptcy The Ultimate Guide to Chapter 7 and 13
82817 Conflicts of Interest A Practical Legal Ethics Guide
82917 Using LLCs to Protect Assets
83017 Complex Social Security Law Issues
83017 Dealing With Problem Employees A Legal Response
Guide
And many morehellip
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 45
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
Lorman Live Webinars wwwlormancom You can find many more seminars listed at httpwwwlormancomlive-webinar
ON DEMAND WEBINARS
There are many OnDemand Webinars to choose from also
httpwwwlormancomondemand
8317 Electronic Record Retention Mistakes HR
Professionals Can Avoid
8317 HUD Section 3 Compliance Tips for Governments
8417 Paralegals Guide to Unauthorized Practice of Law
8817 Protecting High-Risk Clientsrsquo Assets Against lawsuits
8817 Tips and Tricks to Improve Your Telephone Attitude
8917 Rules and Guidelines When Dealing With Statute of
Limitations
8917 Utilizing Formulas in Microsoft Excel
81017 Early Retirement Incentives Navigating the Legal
Issues
And many more
Maricopa County Bar Association CLE CALENDAR
httpmcbasite-ymcomeventsevent_listasp
LEXIS NEXIS Paralegal Community
has some good information as well
Check it out at httplawlexisnexiscomcommunityportalarticlesdefaultaspxg=QfsTyLJ1USs=ampc=EZggD7hDKLw=
Arizona Bar Association wwwazbarorgCLE
OnDemand CLE
httpsazbarinreachcecomSearchmediaType=494a95bb-1e05-4c5b-a25f-36ad84bd4c39
82217 State Bar of Arizona Course on Professionalism
82317 Steering Clear of Malpractice Road Bumps
82417 Traffic Offenses
82517 Probate Rule 10(E)(2) Subsequent Training for Court-
Appointed Counsel
83017 A Survey of Family Law
And many more
ALA-ABI wwwali-abaorg
The ALI-ABA site has excellent online CLE courses forms printed books MP3 CDROMs CLE DVDs CLE MP3 Downloads CLE Court Materials and Course Papers
81017 Powers of Attorney Latest Legal Developments
81717 Creating and Maintaining a Paperless Practice
Improve Workflow Increase Efficiency
82317 Hot Topics in Legal Ethics
And many more
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 46
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
Organization for Legal Professionals wwwtheolporgeducation
Online Courses
Litigation Support Project Management
Paralegal Management Certificate Program
Project Management in Electronic Discovery
Computer Technology Skills for Paralegals
Legal amp EDiscovery Project Management Course
Institute of Paralegal Education httpipenbi-semscomContentaspxNavigationDataSource1=N63943 Webcasts amp Webinars httpipenbi-semscomContentaspxNavigationDataSource1=Rpp20NspEventDateSort7c1017c17cN63944-4294952056
Webcasts amp Webinars
8217 Medical records Made Easy for Paralegals
8817 Case Management for Paralegals Managing
Documents Files Calendars and Tasks
81717 A Paralegalrsquos Guide to Divorce Cases
82217 The Paralegalrsquos Guide to Probate
82317 Construction Law 101 for Paralegals
82417 Corporate Minute Books A How-To Guide for
Paralegals
82917 Smartphone Apps and Tricks for Paralegals
83017 Managing the Discovery Process A Paralegalrsquos Guide
91217 Paralegalrsquos Guide to Legal Research and Citation
Management
National Constitution Center wwwconstitutionconferencescom
8817 Legal and binding E-Contracts What Works in a Digital World
82117 Retaliation Claims Protect Clients from EEOC Charges amp Private Suits
West Legal Education wwwwestlegaledcentercom
If you know of any other sources for CLE and would like listings to be placed in this
publication please email Newsletterazparalegalorg
- Front Cover
- Table of Contents
- Board of Directors
- APA Announcements
- APA Member News
- 10 Employer Considerations in Light of Arizonas New Paid Sick Time
- Paralegals strike out on firing claims
- Wearable technology Counting the steps to a defense verdict
- August Webinar
- To Lay or Lie
- Sticky Business Etiquette Questions amp Answers
- September Webinar
- Tucson Paralegal Associations 38th Annual Seminar
- The Verdict
- The Brief
- NewBytes
- APA Job Bank
- Got CLE
-
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 9
1347 N Alma School Road Suite 150
Chandler AZ 85224
Office (602) 347-8503
wwwAZNHFcom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 10
Paralegals strike
out on firing
claims
Law firm employees who shared complaints with
co-workers didnt engage in concerted activity
and werent illegally fired National Labor
Relations Board (NLRB) administrative law
judges (ALJ) decided in two cases on June 30
In an Arizona case McCarthy Law PLC a
paralegal was fired after she commented on a
computer survey that senior officials werenrsquot
sufficiently engaged in law firm management The ALJ found the comment didnrsquot arise out of any
group discussion or employee activity and wasnrsquot protected by the NLRA
In the second case Trey Harlin PC an ALJ acknowledged that the NLRB has found that employee
discussions about sexual harassment can be concerted in nature but she found a Texas legal assistantrsquos
recounting allegedly inappropriate comments to her co-workers wasnrsquot concerted The employee never
asked for help or suggested any group protest action the ALJ found
The two cases illustrated that employees claiming protection under the National Labor Relations Act
show that their discussions about work-related matters were concerted in character and designed to
improve wages or working conditions not merely that they involved two or more employees
To read the complete article Paralegal Legal Assistant Strike Out on Firing Claims by Lawrence
E Dube Bloomberg Law published 732017 visit httpswwwbnacomparalegal-legal-assistant-
n73014461151
The decisions for both cases can be found here
McCarthy Law PLC 2017 BL 227283 NLRB ALJ Case 28-CA-175313 63017
httpwwwbloomberglawcompublicdocumentNLRB_ALJ_Decision_McCarthy_Law_PLC_No_C
A175313_2017_BL_227283doc_id=XJSTNHPC
Trey Harlin PC 2017 BL 327284 NLRB ALJ Case 16-CA-171972 63017)
httpwwwbloomberglawcompublicdocumentNLRB_ALJ_Decision_Trey_Harlin_PC_No_CA171
972_2017_BL_227284doc_id=XJSTNHHC
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 11
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 12
What do a rape claim in Pennsylvania a car accident
in Canada and an arson case in Ohio have in
common In each one ldquowearable technologyrdquo was
used as key evidence to prove or disprove the claim
Wearable technology encompasses devices people
wear which contain smart sensors and wirelessly
connect to smartphones through a web or Bluetooth
connection Certain types of wearable technology can
track a userrsquos activity and store the information for an
unlimited amount of time In civil and criminal
litigation fitness trackers and smart watches are
emerging as a potential source of information which
could provide valuable data for the prosecution or
defense of a lawsuit
Criminal case in Pennsylvania
For example when the police in Pennsylvania were
investigating a claim of rape they pulled the data
from the victimrsquos fitness tracker a Fitbit to
substantiate her story The victim claimed she was
sleeping in her home when an intruder entered her
bedroom and raped her However the Fitbit data
showed that the victim took approximately 1000 steps
after the time she claimed to have gone to bed and
prior to calling 911 The investigating officers
believed that the ldquovictimrdquo staged the crime scene
during those extra steps After completing their
investigation the police charged the supposed victim
with tampering with evidence and filing a false report
Personal injury in Canada
When a personal trainer suffered injuries in an
accident fitness trackers were not widespread Four
years after the accident the personal trainerrsquos lawyers
outfitted her with a Fitbit Force to show the plaintiffrsquos
current level of activity The lawyers gave the data to
Vivametric an analytics company and that data was
compared with the activity of the general population
as determined by ldquoindustry and public researchrdquo
Vivametric takes a single personrsquos data compares it to
Fitbitrsquos databank of collected and stored data from
other wearers and determines whether that person falls
above or below the average In this case the lawyers
are hoping the data will support their claim that the
trainerrsquos activity was below average
Property claim in Ohio
In the arson case the claimant told investigators that
when he saw the fire engulfing his home he packed
some belongings in a suitcase broke a window with (Continued on page 13)
Wearable technology
Counting the steps to a defense verdict By Nanci R Schanerman
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 13
his cane and threw items through the window before
carrying them to his car The claimant also told police
that he had a cardiac pacemaker The police were
suspicious of the firersquos origin They retrieved the
claimantrsquos pacemaker data through a search warrant
The data included the claimantrsquos heart rate pace
demand and cardiac rhythms before during and after
the fire A cardiologist determined that it was highly
improbable due to his medical conditions that the
claimant could do all the collecting packing and
removal of items from his house and then carry them
in the short period of time he indicated In addition
gasoline was found on the claimantrsquos clothing and the
fire started in multiple places The investigators stated
the medical data represented some of the ldquokey pieces
of evidencerdquo in the case
How can litigators use wearable technology in
their every day personal injury cases
The first step as with collecting any evidence in
litigation is to engage in discovery Under Florida
law and similarly in other jurisdictions the rules of
civil procedure state that a party can obtain discovery
regarding any matter ldquothat is relevant to the subject
matter of the pending actionrdquo If a party is claiming
they are injured and are no longer as active as they
used to be the data contained on any fitness or
activity tracking device is obviously relevant The
challenge in discovery will be to limit the scope of the
request to avoid the dreaded ldquofishing expeditionrdquo The
typical objections that could arise when requesting
fitness data are that it is burdensome to produce the
data is protected by a right to privacy and the request
is not limited in time or scope
Overcoming objections
It is easy to overcome these objections for the most
part To overcome a burdensome objection the
requestor can provide a protocol for easy download of
the information For example I created a protocol to
download Applersquos fitness data collected by any
iPhone (Yes iPhones are included as wearable
technology and automatically track a userrsquos activity)
or Apple Watch The protocol outlines step by step
how to extract the raw data and takes less than five
minutes
Until there is well established law regarding the
discovery of fitness tracking data the biggest
roadblock to discovery will most likely be objections
based on a userrsquos right to privacy One way to
potentially overcome this objection is to determine
whether the user shares the information with third
parties Most wearable technology contains a social
aspect where a user shares their data with friends or a
team much like social media Therefore law on
discovery of social media information will be
analogous to the collection of fitness tracking data In
Florida the Fourth District Court of Appeal in the
landmark case of Nucci v Target held that
ldquophotographs posted on a social networking site are
neither privileged nor protected by any right of
privacy regardless of any privacy settings that the
user may have establishedBy creating a Facebook
account a user acknowledges that her personal
information would be shared with othersrdquo Similarly
by opting to share fitness data with friends a user
acknowledges that his or her personal information
will be shared with others A second way to
potentially overcome a privacy objection is by
analogizing the fitness data with medical data
contained in medical records A plaintiffrsquos medical
records have long been considered discoverable to
prove a plaintiffrsquos injuries
Admissibility
After discovery of the data the next step is to lay the
foundation for admissibility at trial The foreseeable
challenges to admissibility are most likely going to be
the authentication of the data and the accuracy of the
data There are several ways to authenticate the data
such as questioning the user identifying data unique
to the use of the device like references to a particular
fitness goal or hiring a computer forensic expert
Proving the accuracy of the data will be a bigger
problem For example Apple admits that its heart rate
data is flawed If anything is blocking the LED lights
on the back of the watch which measure the heart rate
such as tattoos or irregular skin perfusion the heart
rate reading will not be accurate Similarly Apple
states on its website that water immersion while
swimming could interfere with accurate heart rate
data Furthermore irregular movements can confuse
(Wearable Technology hellip Continued from page 12)
(Continued on page 14)
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 14
any device Fitbit has also had the accuracy of its heart
rate data questioned in a class action filed in 2016
currently pending in Northern District of California In
the suit consumers from California Colorado and
Wisconsin allege that the heart rate tracking in the
Charge HR and the Surge two products that came to
market in 2015 is inaccurate by a significant
margin especially during periods of intense exercise
Overcoming challenges to accuracy of the data will
surely interfere with its admissibility but it would still
certainly be worth trying to admit overall trends in the
data instead of an exact number of steps walked in a
day or beats per minute of a personrsquos heart
With all of this in mind the challenge will be to find a
plaintiff pursuing a claim who utilizes a fitness
tracker This may become less of a challenge in the
next few years as experts predict fitness trackers and
smart watches will increase in the market by 195
million units by 2020 Furthermore employers and
insurance companies are outfitting people with
wearable technology to reduce risks and work place
injuries Several health insurance companies are
offering discounts to people who utilize this
technology and submit it to show a healthy and active
lifestyle
Wearable technology is constantly evolving and
getting better with each generation It will be
interesting to see what happens when the law catches
up and whether this data will become a regular part of
personal injury litigation much like social media
discovery
Reprinted with permission of the author
Nanci R Schanerman of
(Wearable Technology hellip Continued from page 13)
Mike McCrary Discovery Consultant
mmccraryfronteocom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 15
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 16
Join us on WEDNESDAY August 9 2017 at 1200 PM for this one-hour CLE webinar by Dr Arthur Eckstat ldquoWill That Product Liability Personal Injury Claim Prevailrdquo
What yoursquoll learn
Whether you are the team pursuing a product liability personal injury claim or defending against one the
criteria for prevailing is much the same Yoursquoll learn the criteria for a valid product liability claim and further
examine red flags that can affect your ability to prevail and suggestions on how to manage them
Criteria and Red Flags discussed include but not limited to
This webinar qualifies for 1 hour of CLE credit
Cost $25 for APA members $30 non-members
LAST DAY TO REGISTER FRIDAY AUGUST 4 500 PM
Identifying party(s) responsible Evidence collecting and protecting
How and why did the injury occur Expert witnesses ndash need types roles
What really happened despite story Interrogatories ndash Use and abuse
Likelihood of substantiating negligence Costs of pursuing or defending a claim
Strict Liability criteria for prevailing Contingency fee considerations
Identifying designmanufacturing defect
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 17
Our Speaker
Dr Arthur Eckstat
Engineering Consultant and Expert Witness
Dr Arthur Eckstat has served as an Engineering Consultant amp Expert Witness for over 15 years specializing
in Products Liability Personal Injury matters including wrongful death Art is often approached by plaintiff
attorneys to support what would be an unwinnable claim He created Lawsuit Consultant
(wwwlawsuitsconsultantcom) to help Products Liability Plaintiff Attorneys learn how to choose craft and
conduct winning cases while identifying and avoiding losing or under-performing cases That service
expanded to helping Defense Attorneys and insurance companies learn how to determine the validity of injury
claims Regardless of which side of an injury claim yoursquore representing two primary questions are ldquoHow was
the claimant injuredrdquo and ldquoWhy was the claimant injuredrdquo
Art possesses a Mechanical Engineering degree and an earned Doctorate He took early retirement from the
corporate worlds of Automotive and Aerospace engineering where he received international recognition and
accolades from both internal and external customers for his unique ability to see and explain what others have
missed He has successfully bridged the breach between Academic and Practitioner Art was honored as a
Contributor to Aviation History by Donald Engen Director of the Smithsonian National Air and Space
Museum in a ceremony held at the museum in Washington DC
DEADLINE TO REGISTER August 4 at 500 pm
Premier Designs Jewelry
Kathy Hanchette
Beyond Diva Jewelry
602-264-2230
wwwArizonaCourtReporterscom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 18
A degree above all others
12th Street and Missouri
Phoenix AZ 85014
(602) 212-1445
mbatranscriptazcoxnet
Serving local and national clientele with their
legal and general transcription needs
including civil criminal personal injury
family law as well as assisting in other areas
of law
INTEGRATED MEDICAL EVALUATIONS INC
401 W Baseline Rd Suite 206
Tempe AZ 85283
6023650132
wwwimewestcom
I avoid looking I avoid looking I avoid looking
forward or forward or forward or
backward and backward and backward and
try to keep try to keep try to keep
looking upward looking upward looking upward Charlotte BronteCharlotte BronteCharlotte Bronte
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 19
Many have a problem with lie or lay How do you know when to use which one
Lay (lay laid laying) means ldquoto putrdquo or ldquoto placerdquo Because itrsquos a verb (action word) it requires an object to
complete the meaning
Please lay the groceries on the counter
She laid her resignation letter on the bossrsquos desk
He is always laying his schoolbooks on the kitchen table
Lie (lie lay lain lying) means ldquoto recline rest or stayrdquo or ldquoto take a position of restrdquo Unlike lay which re-
quires it lie cannot take an object
She said she was going to lie on the bed to test the mattress
The pleading was lying on his desk for him to sign
A way to remember the difference is that if you can replace the questionable lie or lay with place (or the correct
version of it) then you need to use the correct version of lay If it doesnrsquot use the correct version of lie
She wanted to (lay or lie) down for a nap Would you say ldquoShe wanted to place down for a naprdquo No So
the proper word would be lie
He (laid or lay) the coffee on his secretaryrsquos desk Is it ldquoHe placed the coffee on his secretaryrsquos deskrdquo Yes
Then laid is correct
Another reminder hint might be if you are going to plAce something then you are going to lAy it but if you
are going to rEst you are going to liE
Thanks to Kathy Sieckman PP PLS-SC ACP of wwwProofthatblogcom for the above
To Lay
or Lie
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 20
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 21
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 22
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 23
Occasionally we all come across
situations in which we wonder
Would Miss Manners approve But
in the digital age of social
networking the etiquette lines can
become even blurrier Following are
some common sticky business
etiquette questions and tips to help
tackle them
Social Media
Should I personalize my LinkedIn requests to
connect with others
Its perfectly fine to use the form letter and in fact
most people do it for convenience even when
connecting with close contacts But if you wish to
connect to someone you havent seen in a while take
the time to personalize the message and explain how
youve met
How do I keep my manager from getting wind of
my job search using LinkedIn
If you consistently have a voice share opinions and
articles and tend to your audience and your network
as a daily routine mdash and not just when youre looking
for work mdash then when its time to find that next career
opportunity none of your activity will look out of the
ordinary But its not smart to immediately update your
LinkedIn profile by adding a large number of new
contacts fleshing out your profile and soliciting
recommendations Adjust your settings so you dont
broadcast activity youre not willing to share Pay
particular attention to the Opportunity Preferences
section under Contact Settings If you say you are
interested in career opportunities you could be
sending a red flag to your manager You can gain
exposure among your peers by joining groups related
to your professional field Many recruiters are
members and scan the roster for potential hires
Contribute to the discussion and establish yourself as a
subject matter expert to catch their interest
Should I friend my boss or coworkers
This is the $64000 question and the feelings of those
on the receiving end may provide the answer (See
Thinking About Friending Your Boss on
Facebook on Page 10 of Business Etiquette The
New Rules in a Digital Age) If you do connect utilize
privacy settings and different friend lists to control
how mdash and with whom mdash you share content Be
sensitive to your professional environment some
industries or companies are much more engaged in
digital networking than others If youre starting a new
job take your cue from others before sending out
friend requests to your new colleagues
Can Facebook postings hurt my job search
A good rule of thumb is to always post prudently If
you dont want your employer to see it get rid of it A
recent survey by our firm revealed that 44 percent of
executives review the Facebook presence of potential
hires Even if your account is just for fun keep it in
check To put your Facebook on a privacy lockdown
click on the drop-down Account menu in the top
right corner and select Privacy Settings Keep in
mind that Facebook may change its privacy features at
(Continued on page 24)
Sticky Business Etiquette Questions amp Answers
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 24
any time and you might not be aware of the changes
when they occur Always assume that anything you
post online may become public
Should I use Facebook at work
Maybe if its for work-related purposes and not just
keeping your friends updated on your weekend
activities Then again maybe not Thirty-eight percent
of chief information officers interviewed by Robert
Half have implemented stricter social networking
policies as these tools have become more prevalent in
the workplace If youre not sure what rules your firm
has in place check with your manager or human
resources representative Your best bet is your own
good judgment Just as you would expect to restrict
personal phone calls or conversation at work you
should limit personal use of social networking
platforms too
Whats the right way to decline a request to
connect with someone
While an automated No thank you could make our
lives easier no response at all might be your best bet
Dont feel pressured to connect with someone you
would rather not form a relationship with and dont
feel the need to explain your decision If you expect
you might run into the individual in person be
prepared in case you are confronted about it Simply
click Ignore especially if the person is a stranger
If someone follows me on Twitter should I
automatically follow him or her back
No because you may end up unfollowing the person
later Before following people check out their feed
bio and previous tweets to get a sense of them or their
organization and determine if youll be interested in
seeing the kind of content they share Although its
considered good etiquette to follow someone back
dont do it indiscriminately Its your feed and you
want to make it valuable to you
Emails and Conference Calls
Uh oh I sent a confidential email to the wrong
person What do I do now
Its not a lost cause and there are a few steps you can
take First try to use the recall function of your email
program But keep in mind that not all applications
offer this option and various factors can affect how
successful it is If this step doesnt solve the problem
you need to limit the impact of your mistake Contact
those who are affected the recipient and possibly the
person to whom you intended to send the message
Explain your error and if you need their help
correcting it You also may need to inform your
manager of the mistake
How responsive should I be to e-mail when Im on
vacation
It depends on whether you want to have a real
vacation If your Out of Office says youre not
checking e-mail on vacation dont check and respond
to messages Doing so changes expectations and
implies youre more accessible than you said youd be
Instead be considerate to others needs while you are
out and list a back-up contact in your Out of Office
auto response
I forgot to attach a file before sending an emailhellip
again How can I avoid this in the future
Slow down Everyone forgets to attach a file from
time to time because theyre in a rush But repeatedly
making this mistake can cause your colleagues to
question your attention to detail Going forward try
attaching your file before you compose your message
This way you can be sure it makes it to the recipient
Just make sure you attach the right file
How can I prevent my colleagues from scheduling
conference calls over lunch
Everyone should have a chance to eat lunch Often
people simply look for an open spot on others
calendars when scheduling a meeting So you might
consider blocking out your lunch hour to ensure you
have time to grab a bite to eat Although it may be
unavoidable to meet during this time on occasion you
might find that this simple step helps you out
Thanks to Robert Half for this information To learn more about
Robert Half visit wwwroberthalfcom
(Sticky Business hellip Continued from page 23)
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 25
3150 N 24th Street
Suite D-104
Phoenix AZ 85016
6022569700
The Nationwide Legal LLC team provides a
broad spectrum of comprehensive legal support
services at an unparalleled level of quality NWL
utilizes state-of-the-art technology to deliver
practical and cost-effective solutions for all of
your legal support service needs wwwNationwideASAPcom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 26
BILLING
BLUNDERS AND
FEE AGREEMENT
ESSENTIALS Speaker
Lynda C Shely
Esq
Ethics Lawyer
Speaker
Consultant
APA WEBINAR
Wednesday September 13 2017
1200-100 pm
COST APA Members $25 (or use your free 2017 webinar coupon) All others $30
This webinar qualifies for 1 hour Ethics CLE credit
Lynda C Shely of The Shely Firm PC Scottsdale Arizona provides ethics advice to over 1500 law firms in Arizona and the
District of Columbia on a variety of topics including conflicts of interest fees and billing trust account procedures lawyer
transitions multi-jurisdictional practice ancillary businesses and ethics requirements for law firm advertisingmarketing She also
assists lawyers in responding to initial Bar charges performs law office risk management reviews and trains law firm staff in
ethics requirements Lynda serves as an expert witness and frequently presents continuing legal education programs around the
country Prior to opening her own firm she was the Director of Lawyer Ethics for the State Bar of Arizona Prior to moving to
Arizona Prior to moving to Arizona Lynda was an intellectual propertyantitrust associate with Morgan Lewis amp Bockius in
Washington DC Lynda received her BA from Franklin amp Marshall College in Lancaster PA and her JD from Catholic
University in Washington DC
Lynda was the 2015-2016 President of the Association of Professional Responsibility Lawyers She serves on several State Bar of
Arizona Committees and as a liaison to the ABA Standing Committee on Ethics and Professional Responsibility She is an
Arizona Delegate in the ABA House of Delegates Lynda has received several awards for her contributions to the legal profession
including the 2007 State Bar of Arizona Member of the Year award the Scottsdale Bar Associationrsquos 2010 Award of Excellence
and the 2015 AWLA Maricopa Chapter Ruth V McGregor award She is a prior chair of the ABA Standing Committee on
Client Protection and a past member of the ABArsquos Professionalism Committee and Center for Professional Responsibility
Conference Planning Committee Lynda was the 2008-2009 President of the Scottsdale Bar Association She has been an adjunct
professor at all three Arizona law schools teaching professional responsibility
LAST DAY TO REGISTER FRIDAY September 8 2017 at 500 PM
Click Here to Register httpazparalegalorgevent-2588123
Ethical and practical considerations for all firms ndash even those that think they do not need to
track hourly time Lynda will review what clauses are mandatory for all fee agreements in Ar-
izona as well as clauses that will help with client communications and expectations Billing
tips will go over the five things to never do in a time entry why block billing is prohibited in
Arizona how to get paid faster and common mistakes made in client invoices
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 27
WOOLSTON amp TARTER PC AUDIT DEFENSE amp TAX LITIGATION
Congratulations to the Arizona
Paralegal Association on 40
successful years of promoting the
paralegal profession
In just about every area of society therersquos nothing more important than ethics
Henry Paulson
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 28
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 29
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 30
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 31
Jason Bagley
Senior Territory Manager
(602) 559-4587
jasonbagleylexisnexiscom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 32
GENDER EQUALITY
The process of voir dire sometimes includes
subtle and not-so-subtle attempts at gender
stacking of jurors to prevent or create bias
toward a plaintiff Other demographic factors
may be more influential but gender is still
important though not necessarily in the way
one would suspect
The accompanying chart based on California New York and Texas cases reported to VerdictSearch depicts
plaintiffsrsquo winning percentages according to the plaintiffrsquos gender and the juryrsquos composition Bias is evident
but it is not dependent on the plaintiffrsquos gender
Any plaintiffrsquos winning percentage is substantially greater when his or her case is heard by a female-
dominated jury rather than a male-dominated jury or a gender-neutral jury The takeaway All other factors
being equal plaintiffs are best served by female jurors The equation flips when it comes to awarding
damages but thatrsquos a topic for another study
Thank you to Verdict Search for this analysis To learn more about VerdictSearch visit
wwwVerdictSearchcom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 33
Vol 13 No 8 August 2017
Fees Increase in One Week
Most filing and service fees will increase on Wednesday August 9 2017 Documents submitted for filing that are received by the Clerks office (file counter by mail or through a filing depository box) on or before August 8 will be subject to the current fees Documents received for filing on and after August 9 will be subject to the new fees Fees are posted on the Clerkrsquos website at httpwwwclerkofcourtmaricopagovfeesasp
Appeal and Cost Bond Info Online
Court rules statutes court orders or other authorities may require posting appeal or cost bonds with the Clerks Office Depending on the type of issue the parties the complexity of the case and other factors years can pass between the bond posting date and resolution of related issues During that time parties attorneys and the courts may overlook issuing a court order releasing the money The Clerks Office holds the funds until a court order directs the Clerk specifically what to do with those funds The Clerkrsquos Office has now posted lists online of bonds posted with the Clerks Office where the need for the bond may have ended and no court order was filed allowing the Clerk to return the money If you or your clients posted an appeal or cost bond in any case it is worth checking if funds are still on hold
Customers can search the online lists by party name or case number A party or their attorney must file a petition with the court requesting an order be issued directing the Clerk to release these funds The Clerks Office will only release money by court order and only as specifically directed in the order For more information about the deposit or release of these funds including specific information the Clerkrsquos Office needs before releasing money see the Clerkrsquos website at httpwwwclerkofcourtmaricopagovrelease_bondsasp The Clerks Office will only assist parties to a case or their attorneys Third-party vendors personal representatives and other non-parties must be named in a court order to obtain detailed information or to receive a payment check
Law Library Resource Center Filings Grow by Leaps and Bounds
Last year the Superior Court in Maricopa County renamed relocated and expanded its self-service center into the Law Library Resource Center (LLRC) The Clerkrsquos Office staffs a filing counter within the downtown Phoenix LLRC to allow customers a one-stop-shop for research drafting and filing court documents Filings within the LLRC have gone up every month since its establishment In January 2017 the file counter handled 406 transactions and nearly doubled that volume by the end of March 2017 with 802 transactions In June the file counter processed more than 1000 transactions Clerk staff at this window can process fee deferral applications adding to customersrsquo onsite convenience For more information about the LLRCrsquos services locations and other details see the Superior Courtrsquos website at httpswwwsuperiorcourtmaricopagovSuperiorCourtLawLibraryResourceCenter
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 34
THANK YOU
Our Charity Raffle Prize Drawing for this beautiful quilt donated by the Emmanuel Lutheran Quilters of Prescott Valley Arizona raised $350
All proceeds have been provided to Feed Hungry Children Program in Prescott Valley Arizona
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 35
Paralegal robot reviews patent documents There is a new software RoboReview that helps patent
lawyers draft applications that are more likely to pass muster with the USPTO It automates paralegal
work bringing more rigor to the task of researching prior art and potentially saving thousands of dollars
on a filing Typically this review is done by humans doing multiple searches To read more visit the
ABA Journal httpwwwabajournalcomnewsarticlepatent_document_robot_legal_review
Paralegal cries after being charged with stealing $12 million from law firm The paralegal was an
office manager for a law firm in downtown Toledo where prosecutors allege she embezzles money from
the firm and from the trust account of a disabled client between 2008 and September 2015 The suit
claims that the paralegal forged signatures and falsified bookkeeping software and other records to steal
from the firm The paralegal cried throughout the bond hearing She has been fired To read more about
this case visit httpwwwtoledobladecomCourts20170712Bond-set-at-100K-for-office-manager-
charged-with-embezzling-1-2Mhtml
Paralegal re-appointed to Florida Bar Section Priscilla Horn Warren a nationally and Florida
certified paralegal will continue to serve on the States Solo and Small Firm Section as their paralegal
representative for 2017-2018 term Warren has continuously served as paralegal liaison with the section
since 1995
Law Firm not liable for paralegal mistake on $15 bn loan A New York Judge found that the firm did
not owe a duty of case to third parties The paralegal had accidentally cancelled the security interest of a
$15 billion loan to General Motors The firm did not represent the lenders and as such did not owe a duty
to third parties JP Morgan Chase acted as lenders and its lawyers also missed the mistake The mistake
was only noticed when GM filed for bankruptcy protection in 2009 To read more visit
httpwwwgloballegalpostcombig-storiesmayer-brown-not-liable-for-paralegal-mistake-on-$15-bn-
loan-73921531
Lawyer and paralegal arrested after being found with meth pipes and other drug paraphernalia
The attorney claimed that the equipment didnt belong to him (my paralegal did it defense) To read
more visit httpwwwarkansasmatterscomnewslocal-newsconway-lawyer-and-paralegal-arrested-on-
drug-possession769588833
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 36
DIAMOND SPONSORS
National Health Finance
ABI Document Support Services
RUBY SPONSORS
Nationwide Legal Inc
Vocational Diagnostics Inc
EMERALD SPONSORS
MBA Legal Transcription
First Legal Network
LexisNexis
Coash amp Coash
Robert E ldquoBobrdquo Underdown The Insurance Archaeologist
Jones Skelton amp Hochuli
THANK YOU TO OUR SPONSORS AT OUR ANNUAL LEGAL CONFERENCE AND 40TH ANNIVERSARY CELEBRATION
Thank you to the individuals and businesses that support the Arizona Paralegal
Association in our efforts to promote and educate the paralegal community by
becoming Legal Seminar Sponsors The assistance of our sponsors has been vital in
bringing educational programs to paralegals across Arizona This Legal Seminar would
not be possible without the help of the sponsors and we hope you will join us in
PEARL SPONSORS
Compex Legal Services Inc
Kathy Hanchette Premier Designs
Robson Forensic
Parasec
Iron Mountain
Litigation Services
Fronteo
The Morton Group
Integrated Medical Evaluations Inc
Elite Medical Experts
Lynn Tofaute Yanbal Jewelry
Griffin amp Associates
Discovia
Woolston amp Tarter PC
Ottmar amp Associates
Ballard Spahr LLP
DTI Global
Thank you to these Northern Arizona sponsors who have generously donated
prizes for the Arizona Paralegal Association drawing
Murphyrsquos Restaurant Prescott Arizona
Susanne Chacon Scentsy 9287108777
Yavapai Title 9284452528
Mangum Pearce Court Reporting 9284451909
Prescott Law group PLC 9284451909
Emmanuel Lutheran Quilters Prescott Valley
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 37
Congratulations to the Arizona Paralegal Association on 40 years
1 East Washington St Suite 2300
Phoenix AZ 85004
602798-5400
wwwballardspahrcom
6024851488
wwwOtmarAssoccom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 38
APA MEMBER JOB BANK
DONrsquoT FORGET TO CHECK OUR ONLINE
JOB BANK FOR UP-TO-DATE JOB LISTINGS
at httpwwwazparalegalorgjobbank
[In order to view the online Job Bank you must login
to our new website (using your email and password)
If you experience any difficulty logging in please
contact membershipazparalegalorg for assistance]
PARALEGAL - BANKRUPTCY LITIGATION
Position Overview
Under the supervision of one or more lawyer(s) the
Paralegal assists in the delivery of quality efficient
and accessible legal services in the bankruptcy real
estate corporate andor commercial litigation practice
groups
Responsibilities
Draft routine pleadings statements affidavits
andor other legal documentation as appropriate at
the specific direction of attorneys
Prepare initial drafts of legal documents for
bankruptcy proceedings including case captions
and simple pleadings such as claim forms requests
for notice or judicial notice etc
Arrange Court Call appearances communicates
and cooperates with Court clerks on filings and
appearance requirements and interacts with Court
personnel as necessary to serve client needs
Prepare initial drafts of fee applications when
representing estate professionals and oversecured
creditors in bankruptcy cases and in connection
with fee awards in other litigation contexts
including exhibits and declarations in support
Compile documents in connection with appeals
including designations and indexes of the record
district court elections and requests for transcripts
Draft notices of appearance substitutions of
counsel documents pro hac vice applications and
corporate ownership statements
Assist with discovery-related filings including
Bankruptcy Rule 2004 examination applications
notices and orders subpoenas and notice of
servicecompliance
Manage non-judicial trustees sale process
including security instrument review public
record filing review notice drafting service
completion bid compilation sale procedures
communications with interested parties deed upon
sale drafting and all necessary public recording
and filing
Perform ECF filings and review local rules for
pleading forms notice and service requirements
Fulfill duties to deliver court copies courtesy
copies lodged order uploads in pdf or Word and
complies with all local rule requirements
Organize index and track large numbers of
documents including development of information
(Continued on page 39)
DO YOU KNOW OF A PARALEGAL POSITION AT YOUR PLACE OF EMPLOYMENT
If so advise your employer that the APA offers ad space for paralegal jobs to employers free of charge To place a job bank ad or for information on a job send an e-mail to Betsy Wolf at jobbankazparalegalorg
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 39
APA MEMBER JOB BANK
retrieval systems performs all case management
functions
Perform calendaring or docketing of information
as needed
Research and obtain information from various
courts administrative bodies public information
sources etc
Performs electronic research using PACER court
websites Westlaw and Lexis in addition to
Shepardizing and Bluebooking citations
Coordinate efforts with trials and hearings such as
taking notes handling exhibits organizing and
gathering factual information etc
Attend trials or client meetings as needed inside
and outside the office that require face-to-face
contact
Coordinate vendors in conjunction with a project
such as court reporters process servers copy
vendors etc
Track time in DTE and assures that services
provided are properly charged to the client
Track expenses for travel client meetings and
court appearances
Essential Job SpecificationsQualifications
Familiarity with pleading notice and service rules
triggered in Chapter 7 and 11 Bankruptcy Courts
Familiarity with Uniform Commercial Code
enforcement process and procedures
Familiarity with basic corporate formation
practices and procedures
Ability to perform ECF filings
Excellent computer skills including Word Excel
PowerPoint and database applications
Ability to deal professionally with all levels of
clients both internally and externally
Proven ability to solve problems work
independently and tackle projects with minimal
supervision
Ability to be flexible meet deadlines handle
pressure and adapt to changing work priorities
work flow and work assignments
Ability to effectively and respectfully
communicate verbally and in writing with other
staff lawyers management and clients
Ability to organize a large amount of data and files
into an efficient system (both electronic and
hardcopy) for easy filing and retrieval
Ability to maintain confidences as well as build
confidences and trust
Ability to pay close attention to detail
Ability to work overtime up to 10 or more hours
per week
Ability to work off-site at client location(s) for
extended periods of time
Requires the ability to regularly report to work on
the days and times scheduled or alternatively to
work flex hours depending on lawyer and client
needs
Physical Demands
Ability to work in a typical office environment and
lift up to 25 lbs NOTE Reasonable
accommodations may be made to enable
individuals with disabilities to perform the
essential functions
Travel
Ability to travel locally
EducationExperienceCertifications
Bachelors Degree andor Paralegal Certificate
Minimum of two years experience with
bankruptcy and litigation practice(s) at a law firm
Disclaimer
The above statements are intended to describe the
general nature and level of work being performed by
the incumbent in the position They are not intended
to be an exhaustive list of all responsibilities duties
and skills of the employee Duties and responsibilities
may change at any time with or without notice
(Job Bank hellip Continued from page 38)
(Continued on page 40)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 40
How to Apply Please send resume to
lisaspannbryancavecom
Equal Opportunity Employer
LITIGATION PARALEGAL - INSURANCE
DEFENSE
Jones Skelton amp Hochuli is seeking an ambitious
paralegal with 5+ years of experience in general civil
litigation and experience in State and Federal courts
The ideal candidate will have a stable work history
and exceptional communication and organizational
skills We offer a competitive salary and benefits
package and a team-oriented working environment
Please email your resume to Recruitingjshfirmcom
AAEOE
EXPERIENCED LITIGATION PARALEGAL
Dickinson Wright PLLC (Phoenix office) is in need of
a litigation paralegal
Requires a minimum of three yearsrsquo recent experience
in Arizona law
Job Description
Organize and synthesize information through the
preparation of summaries chronologies reports
spreadsheets
Draft and review routine legal documents (eg
privilege logs exhibit lists discovery disclosures
etc)
Assist attorneys on cases by providing
computerized support to help them plan organize
research analyze argue and present their cases in
a more cost and time efficient manner
Provide the day-to-day support of data
management
Assist attorney in trial preparation and set-up of
electronic equipment in the courtroom provides
court assistance as required
Assist with managing cases projects on various
levels and at various stages of the litigation
process
Candidates must have excellent communication skills
for contacting clients experts and other outside
parties have knowledge of state and federal court
rules procedures and e-filing requirements drafting
be self-motivated a team player proficient in MW
Word Outlook 2010 and a working knowledge of
document management systems Relativity and Trial
Director experience is a must
EducationalExperience requirements
Paralegal certificate from ABA school or
certification
We offer a competitive salary and benefits package
and an outstanding work environment All candidates
must submit a cover letter resume and salary history
Please email resumes to
LMandellDickinsonwrightcom
EXPERIENCED FAMILY LAW PARALEGAL
Cantor Law Group an AV-rated six-attorney family
law firm located in downtown Phoenix seeks a sharp
paralegal with at least two years of recent Arizona
family law experience In this position you will work
closely with an associate attorney to manage a case
load of 40+ cases covering a wide range of domestic
relations issues Experience with high-asset andor
DCS cases is a plus Must be a strong writer able to
draft pleadings and correspondence Exceptional
people skills are needed as there is a great deal of
client contact
An attractive compensation and benefits package is
available for the right candidate In addition to a
competitive salary and bonus opportunities we offer
an outstanding benefits package including ten paid
(Job Bank hellip Continued from page 39)
(Continued on page 41)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 41
holidays per year ten days paid vacation days yearly
five days personal paid time off yearly as well as the
availability of medical dental vision and life
insurance A 401K with a very generous employer
match is offered after one year
Requirements
2 years recent Arizona family law experience
Proactive able to handle and direct caseload with
minimal supervision
Attention to detail and excellent follow-up
Excellent analytical capabilities amp writing skills
able to draft substantive motions for attorney
review
Work well as a member of a fast-paced team
Professional appearance demeanor and attitude
Great client relations skills
Excellent computer skills including proficiency in
MS Word and other MS Office applications
Paralegal certification preferred (not required)
Knowledge of Time Matters or other case
management software a plus
Please send resumes to hrdmcantorcom
EXPERIENCED CRIMINAL DEFENSE
PARALEGAL
The Law Offices of David Michael Cantor an AV
rated criminal defense firm in Downtown Phoenix is
seeking an experienced paralegal with felony amp
misdemeanor experience to work closely with our
attorneys Our practice includes the full spectrum of
criminal charges and you will have the opportunity to
work on cases involving drug charges violent crime
sex offenses white collar crime property crime and
DUIs
The job
Proactively manage a substantial caseload without
direct supervision
Prepare and file pleadings according to attorney
instructions
Prepare trial notebooks and handle all trial prep
work
Create high quality correspondence and other
documents with little to no supervision
Maintain professional relationships with law
enforcement and prosecutors
Provide excellent customer service for our clients
Support 1-2 attorneys
We offer
Competitive compensation
Outstanding benefits including medical dental
vision lifeADampD coverage
401K with generous employer match
Paid vacation and sick time
Ten paid holidays per year
You
2+ years of private Arizona defense experience
handling both misdemeanor and felony charges
Familiar with Arizona courts and MVD
Proactive ndash needs little supervision
Great follow-up skills and attention to detail
Excellent writing skills
Professional appearance and behavior
MS Word and other MS Office applications
Keyboard speed 50+ wpm
Reliable
Enjoy being a member of a friendly team of
professionals
Experience with Abacus or other case
management software desirable
Please send resumes to hrdmcantorcom
PARALEGAL
Sentry Insurance is looking for a Paralegal to provide
litigation and administrative support to our Staff
(Job Bank hellip Continued from page 40)
(Continued on page 42)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 42
Counsel operation If you are looking for a career
with great potential choose the company with the
strength and stability to offer it all
What Yoursquoll Do
As the Paralegal yoursquoll assist the attorney staff by
performing legal activities which do not require
attorney signature client advise or appearances in
court In addition yoursquoll
Assist in the preparation of responses to discovery
under direct supervision of an attorney
Perform factual investigations and document
searches
Obtain investigative materials and policy
information
Contact insureds and other witnesses to obtain
factual statements
Coordinate scheduling of litigation activities and
witness appearances
What it Takes
Associate Degree or equivalent work experience
2-5 years of related work experience at least one
year in litigation practice
American Bar Association-Certified Paralegal
Training
Advanced knowledge of case management and
knowledge of and ability to perform legal
research
Experience with resources such as Westlaw and
Lexis
Strong analytical ability and knowledge of
litigation processes
Strong organizational and communication skills
Ability to maintain confidentiality
Strong working knowledge of the Internet
PowerPoint Excel and Word and familiarity with
legal case management software (ProLaw Clio
etc)
Ability to work independently and in multi-
jurisdictional venues
Must be able to meet travel requirements of the
job
What Yoursquoll Receive
We offer an outstanding array of benefits for our
associates including
Competitive Compensation
Group Medical Dental Vision and Life benefits
Generous Paid-Time Off - including Company
Holidays
401k plan with a dollar-for-dollar match on your
first six percent ndash immediate vesting
Access to more than 100 certification designation
and licensing courses
Career advancement opportunities
Why Sentry Insurance
Sentry employees have been helping individuals and
businesses build and protect their futures since 1904
Because of the trust placed in us Sentry is one of the
largest and strongest mutual insurance companies in
the United States and is rated A+ by AM Best the
industrys leading rating authority Sentry offers a full
line of property casualty and life insurance products
to protect businesses cars homes lives and retirement
incomes
So make the right choice - with great potential for
growth an outstanding 401(k) program and a schedule
that offers you a balance between your work and life
choose the company with the strength and stability to
offer it all Choose Sentry Insurance Sentry
Insurance is an Equal Opportunity Employer Apply
online at httpsjobssentrycomsearch119871
FULL-TIME LEGAL SECRETARY ASSISTANT
Mid-sized law office is seeking a self-motivated and
highly organized legal secretary with a minimum of 5
years of experience supporting 2 or more attorneys
Position will support multiple attorneys with case
management assistance calendaring state and federal
court filings formatting correspondence and
(Job Bank hellip Continued from page 41)
(Continued on page 43)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 43
pleadings copying mailing and other clerical duties
Optimal candidate will be able to accept and
implement directives maintain focus in hectic
environment keep attorneys informed of progress at
regular intervals and prioritize multiple projects
Working knowledge of MS Word amp Excel required
Associatersquos degree and background in litigation andor
insurance preferred EEOC Please email reacutesumeacute and
cover letter with salary requirements to
admincdslawfirmcom
EXPERIENCED PLAINTIFFS PERSONAL
INJURY LEGAL ASSISTANT
Small growing fast-paced Central Phoenix Personal
Injury Law Firm seeking full-time Legal Assistant to
join our team
Candidate must have excellent skills and 5 years
experience in a Plaintiffs Personal Injury Law Firm
with an ability to perform in a fast paced environment
Bi-lingual (SpanishEnglish) preferred but not
required Position involves significant interaction with
clients and requires attention to detail Good
organizational skills with a strong work ethic are
essential as is the ability to multi-task
Responsibilities include handling a large pre-litigation
caseload interfacing with attorneys and legal
assistants Must be proficient with MS Word Outlook
and Needles Case Management (preferred but not
necessary) Salary is competitive and DOE
Qualified candidates should e-mail resume with a
cover letter detailing their skills employment history
and salary requirements to
acoronadoblakefirmcom
(Job Bank hellip Continued from page 42)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 44
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
NALA Campus LIVE - Live web seminars are offered in two sessions each year FebruarymdashMay and AugustmdashNovember Each ses-sion features about 30 on-line seminars The audio files and handout material are copyrighted by NALA and the authors They are for personal use only Duplication of any of the material or any commercial use is strictly prohibited
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics httpswwwnalaorgcontinuing-educationwebinars NALA Campus LIVE - Live web semi-nars are offered in two sessions each year FebruarymdashMay and AugustmdashNovember Each session features about 30 on-line seminars The audio files and handout material are copy-righted by NALA and the authors They are for personal use only Dupli-cation of any of the material or any commercial use is strictly prohibited
82217 Music Law and Intellectual Property Rights
82417 So the Plaintiffrsquos on Medicare
82017 The ABCrsquos of Special Education
In addition to the Live Webinars NALA has On-Demand Webinar Courses available httpswwwnalaorgcontinuing-educationon-demand-webinar NALA also has a wide variety of available Self-Study courses as well as the Live Webinars You can access the Self-Study courses here httpswwwnalaorgcontinuing-educationself-study Many of these courses are recommended for preparing for the CP exam
NATIONAL BUSINESS INSTITUTE
wwwnbi-semscom
Live Video Webcasts
httpwwwnbi-semscomDefaultaspxVideo-WebcastsNavigationDataSource1=N63782
OnDemand amp Downloads
httpwwwnbi-semscomContentaspxst=ArizonaampNavigationDataSource1=N63932-63947
8817 Probate Boot Camp
8917 Real Estate Title and Conveyance Handling the Top
Issues
8917 Marijuana Business Legal Considerations
81417 Legal Descriptions Title Insurance and Surveys in Real
Estate Transactions
81517 Advanced Custody and Support Issues
81617 Personal Injury Trials 101
82117 Trusts from Start to Finish
82217 How to Get Your Clients Paid Debt Collection 101
82317 Bankruptcy The Ultimate Guide to Chapter 7 and 13
82817 Conflicts of Interest A Practical Legal Ethics Guide
82917 Using LLCs to Protect Assets
83017 Complex Social Security Law Issues
83017 Dealing With Problem Employees A Legal Response
Guide
And many morehellip
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 45
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
Lorman Live Webinars wwwlormancom You can find many more seminars listed at httpwwwlormancomlive-webinar
ON DEMAND WEBINARS
There are many OnDemand Webinars to choose from also
httpwwwlormancomondemand
8317 Electronic Record Retention Mistakes HR
Professionals Can Avoid
8317 HUD Section 3 Compliance Tips for Governments
8417 Paralegals Guide to Unauthorized Practice of Law
8817 Protecting High-Risk Clientsrsquo Assets Against lawsuits
8817 Tips and Tricks to Improve Your Telephone Attitude
8917 Rules and Guidelines When Dealing With Statute of
Limitations
8917 Utilizing Formulas in Microsoft Excel
81017 Early Retirement Incentives Navigating the Legal
Issues
And many more
Maricopa County Bar Association CLE CALENDAR
httpmcbasite-ymcomeventsevent_listasp
LEXIS NEXIS Paralegal Community
has some good information as well
Check it out at httplawlexisnexiscomcommunityportalarticlesdefaultaspxg=QfsTyLJ1USs=ampc=EZggD7hDKLw=
Arizona Bar Association wwwazbarorgCLE
OnDemand CLE
httpsazbarinreachcecomSearchmediaType=494a95bb-1e05-4c5b-a25f-36ad84bd4c39
82217 State Bar of Arizona Course on Professionalism
82317 Steering Clear of Malpractice Road Bumps
82417 Traffic Offenses
82517 Probate Rule 10(E)(2) Subsequent Training for Court-
Appointed Counsel
83017 A Survey of Family Law
And many more
ALA-ABI wwwali-abaorg
The ALI-ABA site has excellent online CLE courses forms printed books MP3 CDROMs CLE DVDs CLE MP3 Downloads CLE Court Materials and Course Papers
81017 Powers of Attorney Latest Legal Developments
81717 Creating and Maintaining a Paperless Practice
Improve Workflow Increase Efficiency
82317 Hot Topics in Legal Ethics
And many more
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 46
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
Organization for Legal Professionals wwwtheolporgeducation
Online Courses
Litigation Support Project Management
Paralegal Management Certificate Program
Project Management in Electronic Discovery
Computer Technology Skills for Paralegals
Legal amp EDiscovery Project Management Course
Institute of Paralegal Education httpipenbi-semscomContentaspxNavigationDataSource1=N63943 Webcasts amp Webinars httpipenbi-semscomContentaspxNavigationDataSource1=Rpp20NspEventDateSort7c1017c17cN63944-4294952056
Webcasts amp Webinars
8217 Medical records Made Easy for Paralegals
8817 Case Management for Paralegals Managing
Documents Files Calendars and Tasks
81717 A Paralegalrsquos Guide to Divorce Cases
82217 The Paralegalrsquos Guide to Probate
82317 Construction Law 101 for Paralegals
82417 Corporate Minute Books A How-To Guide for
Paralegals
82917 Smartphone Apps and Tricks for Paralegals
83017 Managing the Discovery Process A Paralegalrsquos Guide
91217 Paralegalrsquos Guide to Legal Research and Citation
Management
National Constitution Center wwwconstitutionconferencescom
8817 Legal and binding E-Contracts What Works in a Digital World
82117 Retaliation Claims Protect Clients from EEOC Charges amp Private Suits
West Legal Education wwwwestlegaledcentercom
If you know of any other sources for CLE and would like listings to be placed in this
publication please email Newsletterazparalegalorg
- Front Cover
- Table of Contents
- Board of Directors
- APA Announcements
- APA Member News
- 10 Employer Considerations in Light of Arizonas New Paid Sick Time
- Paralegals strike out on firing claims
- Wearable technology Counting the steps to a defense verdict
- August Webinar
- To Lay or Lie
- Sticky Business Etiquette Questions amp Answers
- September Webinar
- Tucson Paralegal Associations 38th Annual Seminar
- The Verdict
- The Brief
- NewBytes
- APA Job Bank
- Got CLE
-
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 10
Paralegals strike
out on firing
claims
Law firm employees who shared complaints with
co-workers didnt engage in concerted activity
and werent illegally fired National Labor
Relations Board (NLRB) administrative law
judges (ALJ) decided in two cases on June 30
In an Arizona case McCarthy Law PLC a
paralegal was fired after she commented on a
computer survey that senior officials werenrsquot
sufficiently engaged in law firm management The ALJ found the comment didnrsquot arise out of any
group discussion or employee activity and wasnrsquot protected by the NLRA
In the second case Trey Harlin PC an ALJ acknowledged that the NLRB has found that employee
discussions about sexual harassment can be concerted in nature but she found a Texas legal assistantrsquos
recounting allegedly inappropriate comments to her co-workers wasnrsquot concerted The employee never
asked for help or suggested any group protest action the ALJ found
The two cases illustrated that employees claiming protection under the National Labor Relations Act
show that their discussions about work-related matters were concerted in character and designed to
improve wages or working conditions not merely that they involved two or more employees
To read the complete article Paralegal Legal Assistant Strike Out on Firing Claims by Lawrence
E Dube Bloomberg Law published 732017 visit httpswwwbnacomparalegal-legal-assistant-
n73014461151
The decisions for both cases can be found here
McCarthy Law PLC 2017 BL 227283 NLRB ALJ Case 28-CA-175313 63017
httpwwwbloomberglawcompublicdocumentNLRB_ALJ_Decision_McCarthy_Law_PLC_No_C
A175313_2017_BL_227283doc_id=XJSTNHPC
Trey Harlin PC 2017 BL 327284 NLRB ALJ Case 16-CA-171972 63017)
httpwwwbloomberglawcompublicdocumentNLRB_ALJ_Decision_Trey_Harlin_PC_No_CA171
972_2017_BL_227284doc_id=XJSTNHHC
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 11
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 12
What do a rape claim in Pennsylvania a car accident
in Canada and an arson case in Ohio have in
common In each one ldquowearable technologyrdquo was
used as key evidence to prove or disprove the claim
Wearable technology encompasses devices people
wear which contain smart sensors and wirelessly
connect to smartphones through a web or Bluetooth
connection Certain types of wearable technology can
track a userrsquos activity and store the information for an
unlimited amount of time In civil and criminal
litigation fitness trackers and smart watches are
emerging as a potential source of information which
could provide valuable data for the prosecution or
defense of a lawsuit
Criminal case in Pennsylvania
For example when the police in Pennsylvania were
investigating a claim of rape they pulled the data
from the victimrsquos fitness tracker a Fitbit to
substantiate her story The victim claimed she was
sleeping in her home when an intruder entered her
bedroom and raped her However the Fitbit data
showed that the victim took approximately 1000 steps
after the time she claimed to have gone to bed and
prior to calling 911 The investigating officers
believed that the ldquovictimrdquo staged the crime scene
during those extra steps After completing their
investigation the police charged the supposed victim
with tampering with evidence and filing a false report
Personal injury in Canada
When a personal trainer suffered injuries in an
accident fitness trackers were not widespread Four
years after the accident the personal trainerrsquos lawyers
outfitted her with a Fitbit Force to show the plaintiffrsquos
current level of activity The lawyers gave the data to
Vivametric an analytics company and that data was
compared with the activity of the general population
as determined by ldquoindustry and public researchrdquo
Vivametric takes a single personrsquos data compares it to
Fitbitrsquos databank of collected and stored data from
other wearers and determines whether that person falls
above or below the average In this case the lawyers
are hoping the data will support their claim that the
trainerrsquos activity was below average
Property claim in Ohio
In the arson case the claimant told investigators that
when he saw the fire engulfing his home he packed
some belongings in a suitcase broke a window with (Continued on page 13)
Wearable technology
Counting the steps to a defense verdict By Nanci R Schanerman
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 13
his cane and threw items through the window before
carrying them to his car The claimant also told police
that he had a cardiac pacemaker The police were
suspicious of the firersquos origin They retrieved the
claimantrsquos pacemaker data through a search warrant
The data included the claimantrsquos heart rate pace
demand and cardiac rhythms before during and after
the fire A cardiologist determined that it was highly
improbable due to his medical conditions that the
claimant could do all the collecting packing and
removal of items from his house and then carry them
in the short period of time he indicated In addition
gasoline was found on the claimantrsquos clothing and the
fire started in multiple places The investigators stated
the medical data represented some of the ldquokey pieces
of evidencerdquo in the case
How can litigators use wearable technology in
their every day personal injury cases
The first step as with collecting any evidence in
litigation is to engage in discovery Under Florida
law and similarly in other jurisdictions the rules of
civil procedure state that a party can obtain discovery
regarding any matter ldquothat is relevant to the subject
matter of the pending actionrdquo If a party is claiming
they are injured and are no longer as active as they
used to be the data contained on any fitness or
activity tracking device is obviously relevant The
challenge in discovery will be to limit the scope of the
request to avoid the dreaded ldquofishing expeditionrdquo The
typical objections that could arise when requesting
fitness data are that it is burdensome to produce the
data is protected by a right to privacy and the request
is not limited in time or scope
Overcoming objections
It is easy to overcome these objections for the most
part To overcome a burdensome objection the
requestor can provide a protocol for easy download of
the information For example I created a protocol to
download Applersquos fitness data collected by any
iPhone (Yes iPhones are included as wearable
technology and automatically track a userrsquos activity)
or Apple Watch The protocol outlines step by step
how to extract the raw data and takes less than five
minutes
Until there is well established law regarding the
discovery of fitness tracking data the biggest
roadblock to discovery will most likely be objections
based on a userrsquos right to privacy One way to
potentially overcome this objection is to determine
whether the user shares the information with third
parties Most wearable technology contains a social
aspect where a user shares their data with friends or a
team much like social media Therefore law on
discovery of social media information will be
analogous to the collection of fitness tracking data In
Florida the Fourth District Court of Appeal in the
landmark case of Nucci v Target held that
ldquophotographs posted on a social networking site are
neither privileged nor protected by any right of
privacy regardless of any privacy settings that the
user may have establishedBy creating a Facebook
account a user acknowledges that her personal
information would be shared with othersrdquo Similarly
by opting to share fitness data with friends a user
acknowledges that his or her personal information
will be shared with others A second way to
potentially overcome a privacy objection is by
analogizing the fitness data with medical data
contained in medical records A plaintiffrsquos medical
records have long been considered discoverable to
prove a plaintiffrsquos injuries
Admissibility
After discovery of the data the next step is to lay the
foundation for admissibility at trial The foreseeable
challenges to admissibility are most likely going to be
the authentication of the data and the accuracy of the
data There are several ways to authenticate the data
such as questioning the user identifying data unique
to the use of the device like references to a particular
fitness goal or hiring a computer forensic expert
Proving the accuracy of the data will be a bigger
problem For example Apple admits that its heart rate
data is flawed If anything is blocking the LED lights
on the back of the watch which measure the heart rate
such as tattoos or irregular skin perfusion the heart
rate reading will not be accurate Similarly Apple
states on its website that water immersion while
swimming could interfere with accurate heart rate
data Furthermore irregular movements can confuse
(Wearable Technology hellip Continued from page 12)
(Continued on page 14)
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 14
any device Fitbit has also had the accuracy of its heart
rate data questioned in a class action filed in 2016
currently pending in Northern District of California In
the suit consumers from California Colorado and
Wisconsin allege that the heart rate tracking in the
Charge HR and the Surge two products that came to
market in 2015 is inaccurate by a significant
margin especially during periods of intense exercise
Overcoming challenges to accuracy of the data will
surely interfere with its admissibility but it would still
certainly be worth trying to admit overall trends in the
data instead of an exact number of steps walked in a
day or beats per minute of a personrsquos heart
With all of this in mind the challenge will be to find a
plaintiff pursuing a claim who utilizes a fitness
tracker This may become less of a challenge in the
next few years as experts predict fitness trackers and
smart watches will increase in the market by 195
million units by 2020 Furthermore employers and
insurance companies are outfitting people with
wearable technology to reduce risks and work place
injuries Several health insurance companies are
offering discounts to people who utilize this
technology and submit it to show a healthy and active
lifestyle
Wearable technology is constantly evolving and
getting better with each generation It will be
interesting to see what happens when the law catches
up and whether this data will become a regular part of
personal injury litigation much like social media
discovery
Reprinted with permission of the author
Nanci R Schanerman of
(Wearable Technology hellip Continued from page 13)
Mike McCrary Discovery Consultant
mmccraryfronteocom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 15
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 16
Join us on WEDNESDAY August 9 2017 at 1200 PM for this one-hour CLE webinar by Dr Arthur Eckstat ldquoWill That Product Liability Personal Injury Claim Prevailrdquo
What yoursquoll learn
Whether you are the team pursuing a product liability personal injury claim or defending against one the
criteria for prevailing is much the same Yoursquoll learn the criteria for a valid product liability claim and further
examine red flags that can affect your ability to prevail and suggestions on how to manage them
Criteria and Red Flags discussed include but not limited to
This webinar qualifies for 1 hour of CLE credit
Cost $25 for APA members $30 non-members
LAST DAY TO REGISTER FRIDAY AUGUST 4 500 PM
Identifying party(s) responsible Evidence collecting and protecting
How and why did the injury occur Expert witnesses ndash need types roles
What really happened despite story Interrogatories ndash Use and abuse
Likelihood of substantiating negligence Costs of pursuing or defending a claim
Strict Liability criteria for prevailing Contingency fee considerations
Identifying designmanufacturing defect
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 17
Our Speaker
Dr Arthur Eckstat
Engineering Consultant and Expert Witness
Dr Arthur Eckstat has served as an Engineering Consultant amp Expert Witness for over 15 years specializing
in Products Liability Personal Injury matters including wrongful death Art is often approached by plaintiff
attorneys to support what would be an unwinnable claim He created Lawsuit Consultant
(wwwlawsuitsconsultantcom) to help Products Liability Plaintiff Attorneys learn how to choose craft and
conduct winning cases while identifying and avoiding losing or under-performing cases That service
expanded to helping Defense Attorneys and insurance companies learn how to determine the validity of injury
claims Regardless of which side of an injury claim yoursquore representing two primary questions are ldquoHow was
the claimant injuredrdquo and ldquoWhy was the claimant injuredrdquo
Art possesses a Mechanical Engineering degree and an earned Doctorate He took early retirement from the
corporate worlds of Automotive and Aerospace engineering where he received international recognition and
accolades from both internal and external customers for his unique ability to see and explain what others have
missed He has successfully bridged the breach between Academic and Practitioner Art was honored as a
Contributor to Aviation History by Donald Engen Director of the Smithsonian National Air and Space
Museum in a ceremony held at the museum in Washington DC
DEADLINE TO REGISTER August 4 at 500 pm
Premier Designs Jewelry
Kathy Hanchette
Beyond Diva Jewelry
602-264-2230
wwwArizonaCourtReporterscom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 18
A degree above all others
12th Street and Missouri
Phoenix AZ 85014
(602) 212-1445
mbatranscriptazcoxnet
Serving local and national clientele with their
legal and general transcription needs
including civil criminal personal injury
family law as well as assisting in other areas
of law
INTEGRATED MEDICAL EVALUATIONS INC
401 W Baseline Rd Suite 206
Tempe AZ 85283
6023650132
wwwimewestcom
I avoid looking I avoid looking I avoid looking
forward or forward or forward or
backward and backward and backward and
try to keep try to keep try to keep
looking upward looking upward looking upward Charlotte BronteCharlotte BronteCharlotte Bronte
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 19
Many have a problem with lie or lay How do you know when to use which one
Lay (lay laid laying) means ldquoto putrdquo or ldquoto placerdquo Because itrsquos a verb (action word) it requires an object to
complete the meaning
Please lay the groceries on the counter
She laid her resignation letter on the bossrsquos desk
He is always laying his schoolbooks on the kitchen table
Lie (lie lay lain lying) means ldquoto recline rest or stayrdquo or ldquoto take a position of restrdquo Unlike lay which re-
quires it lie cannot take an object
She said she was going to lie on the bed to test the mattress
The pleading was lying on his desk for him to sign
A way to remember the difference is that if you can replace the questionable lie or lay with place (or the correct
version of it) then you need to use the correct version of lay If it doesnrsquot use the correct version of lie
She wanted to (lay or lie) down for a nap Would you say ldquoShe wanted to place down for a naprdquo No So
the proper word would be lie
He (laid or lay) the coffee on his secretaryrsquos desk Is it ldquoHe placed the coffee on his secretaryrsquos deskrdquo Yes
Then laid is correct
Another reminder hint might be if you are going to plAce something then you are going to lAy it but if you
are going to rEst you are going to liE
Thanks to Kathy Sieckman PP PLS-SC ACP of wwwProofthatblogcom for the above
To Lay
or Lie
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 20
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 21
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 22
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 23
Occasionally we all come across
situations in which we wonder
Would Miss Manners approve But
in the digital age of social
networking the etiquette lines can
become even blurrier Following are
some common sticky business
etiquette questions and tips to help
tackle them
Social Media
Should I personalize my LinkedIn requests to
connect with others
Its perfectly fine to use the form letter and in fact
most people do it for convenience even when
connecting with close contacts But if you wish to
connect to someone you havent seen in a while take
the time to personalize the message and explain how
youve met
How do I keep my manager from getting wind of
my job search using LinkedIn
If you consistently have a voice share opinions and
articles and tend to your audience and your network
as a daily routine mdash and not just when youre looking
for work mdash then when its time to find that next career
opportunity none of your activity will look out of the
ordinary But its not smart to immediately update your
LinkedIn profile by adding a large number of new
contacts fleshing out your profile and soliciting
recommendations Adjust your settings so you dont
broadcast activity youre not willing to share Pay
particular attention to the Opportunity Preferences
section under Contact Settings If you say you are
interested in career opportunities you could be
sending a red flag to your manager You can gain
exposure among your peers by joining groups related
to your professional field Many recruiters are
members and scan the roster for potential hires
Contribute to the discussion and establish yourself as a
subject matter expert to catch their interest
Should I friend my boss or coworkers
This is the $64000 question and the feelings of those
on the receiving end may provide the answer (See
Thinking About Friending Your Boss on
Facebook on Page 10 of Business Etiquette The
New Rules in a Digital Age) If you do connect utilize
privacy settings and different friend lists to control
how mdash and with whom mdash you share content Be
sensitive to your professional environment some
industries or companies are much more engaged in
digital networking than others If youre starting a new
job take your cue from others before sending out
friend requests to your new colleagues
Can Facebook postings hurt my job search
A good rule of thumb is to always post prudently If
you dont want your employer to see it get rid of it A
recent survey by our firm revealed that 44 percent of
executives review the Facebook presence of potential
hires Even if your account is just for fun keep it in
check To put your Facebook on a privacy lockdown
click on the drop-down Account menu in the top
right corner and select Privacy Settings Keep in
mind that Facebook may change its privacy features at
(Continued on page 24)
Sticky Business Etiquette Questions amp Answers
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 24
any time and you might not be aware of the changes
when they occur Always assume that anything you
post online may become public
Should I use Facebook at work
Maybe if its for work-related purposes and not just
keeping your friends updated on your weekend
activities Then again maybe not Thirty-eight percent
of chief information officers interviewed by Robert
Half have implemented stricter social networking
policies as these tools have become more prevalent in
the workplace If youre not sure what rules your firm
has in place check with your manager or human
resources representative Your best bet is your own
good judgment Just as you would expect to restrict
personal phone calls or conversation at work you
should limit personal use of social networking
platforms too
Whats the right way to decline a request to
connect with someone
While an automated No thank you could make our
lives easier no response at all might be your best bet
Dont feel pressured to connect with someone you
would rather not form a relationship with and dont
feel the need to explain your decision If you expect
you might run into the individual in person be
prepared in case you are confronted about it Simply
click Ignore especially if the person is a stranger
If someone follows me on Twitter should I
automatically follow him or her back
No because you may end up unfollowing the person
later Before following people check out their feed
bio and previous tweets to get a sense of them or their
organization and determine if youll be interested in
seeing the kind of content they share Although its
considered good etiquette to follow someone back
dont do it indiscriminately Its your feed and you
want to make it valuable to you
Emails and Conference Calls
Uh oh I sent a confidential email to the wrong
person What do I do now
Its not a lost cause and there are a few steps you can
take First try to use the recall function of your email
program But keep in mind that not all applications
offer this option and various factors can affect how
successful it is If this step doesnt solve the problem
you need to limit the impact of your mistake Contact
those who are affected the recipient and possibly the
person to whom you intended to send the message
Explain your error and if you need their help
correcting it You also may need to inform your
manager of the mistake
How responsive should I be to e-mail when Im on
vacation
It depends on whether you want to have a real
vacation If your Out of Office says youre not
checking e-mail on vacation dont check and respond
to messages Doing so changes expectations and
implies youre more accessible than you said youd be
Instead be considerate to others needs while you are
out and list a back-up contact in your Out of Office
auto response
I forgot to attach a file before sending an emailhellip
again How can I avoid this in the future
Slow down Everyone forgets to attach a file from
time to time because theyre in a rush But repeatedly
making this mistake can cause your colleagues to
question your attention to detail Going forward try
attaching your file before you compose your message
This way you can be sure it makes it to the recipient
Just make sure you attach the right file
How can I prevent my colleagues from scheduling
conference calls over lunch
Everyone should have a chance to eat lunch Often
people simply look for an open spot on others
calendars when scheduling a meeting So you might
consider blocking out your lunch hour to ensure you
have time to grab a bite to eat Although it may be
unavoidable to meet during this time on occasion you
might find that this simple step helps you out
Thanks to Robert Half for this information To learn more about
Robert Half visit wwwroberthalfcom
(Sticky Business hellip Continued from page 23)
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 25
3150 N 24th Street
Suite D-104
Phoenix AZ 85016
6022569700
The Nationwide Legal LLC team provides a
broad spectrum of comprehensive legal support
services at an unparalleled level of quality NWL
utilizes state-of-the-art technology to deliver
practical and cost-effective solutions for all of
your legal support service needs wwwNationwideASAPcom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 26
BILLING
BLUNDERS AND
FEE AGREEMENT
ESSENTIALS Speaker
Lynda C Shely
Esq
Ethics Lawyer
Speaker
Consultant
APA WEBINAR
Wednesday September 13 2017
1200-100 pm
COST APA Members $25 (or use your free 2017 webinar coupon) All others $30
This webinar qualifies for 1 hour Ethics CLE credit
Lynda C Shely of The Shely Firm PC Scottsdale Arizona provides ethics advice to over 1500 law firms in Arizona and the
District of Columbia on a variety of topics including conflicts of interest fees and billing trust account procedures lawyer
transitions multi-jurisdictional practice ancillary businesses and ethics requirements for law firm advertisingmarketing She also
assists lawyers in responding to initial Bar charges performs law office risk management reviews and trains law firm staff in
ethics requirements Lynda serves as an expert witness and frequently presents continuing legal education programs around the
country Prior to opening her own firm she was the Director of Lawyer Ethics for the State Bar of Arizona Prior to moving to
Arizona Prior to moving to Arizona Lynda was an intellectual propertyantitrust associate with Morgan Lewis amp Bockius in
Washington DC Lynda received her BA from Franklin amp Marshall College in Lancaster PA and her JD from Catholic
University in Washington DC
Lynda was the 2015-2016 President of the Association of Professional Responsibility Lawyers She serves on several State Bar of
Arizona Committees and as a liaison to the ABA Standing Committee on Ethics and Professional Responsibility She is an
Arizona Delegate in the ABA House of Delegates Lynda has received several awards for her contributions to the legal profession
including the 2007 State Bar of Arizona Member of the Year award the Scottsdale Bar Associationrsquos 2010 Award of Excellence
and the 2015 AWLA Maricopa Chapter Ruth V McGregor award She is a prior chair of the ABA Standing Committee on
Client Protection and a past member of the ABArsquos Professionalism Committee and Center for Professional Responsibility
Conference Planning Committee Lynda was the 2008-2009 President of the Scottsdale Bar Association She has been an adjunct
professor at all three Arizona law schools teaching professional responsibility
LAST DAY TO REGISTER FRIDAY September 8 2017 at 500 PM
Click Here to Register httpazparalegalorgevent-2588123
Ethical and practical considerations for all firms ndash even those that think they do not need to
track hourly time Lynda will review what clauses are mandatory for all fee agreements in Ar-
izona as well as clauses that will help with client communications and expectations Billing
tips will go over the five things to never do in a time entry why block billing is prohibited in
Arizona how to get paid faster and common mistakes made in client invoices
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 27
WOOLSTON amp TARTER PC AUDIT DEFENSE amp TAX LITIGATION
Congratulations to the Arizona
Paralegal Association on 40
successful years of promoting the
paralegal profession
In just about every area of society therersquos nothing more important than ethics
Henry Paulson
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 28
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 29
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 30
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 31
Jason Bagley
Senior Territory Manager
(602) 559-4587
jasonbagleylexisnexiscom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 32
GENDER EQUALITY
The process of voir dire sometimes includes
subtle and not-so-subtle attempts at gender
stacking of jurors to prevent or create bias
toward a plaintiff Other demographic factors
may be more influential but gender is still
important though not necessarily in the way
one would suspect
The accompanying chart based on California New York and Texas cases reported to VerdictSearch depicts
plaintiffsrsquo winning percentages according to the plaintiffrsquos gender and the juryrsquos composition Bias is evident
but it is not dependent on the plaintiffrsquos gender
Any plaintiffrsquos winning percentage is substantially greater when his or her case is heard by a female-
dominated jury rather than a male-dominated jury or a gender-neutral jury The takeaway All other factors
being equal plaintiffs are best served by female jurors The equation flips when it comes to awarding
damages but thatrsquos a topic for another study
Thank you to Verdict Search for this analysis To learn more about VerdictSearch visit
wwwVerdictSearchcom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 33
Vol 13 No 8 August 2017
Fees Increase in One Week
Most filing and service fees will increase on Wednesday August 9 2017 Documents submitted for filing that are received by the Clerks office (file counter by mail or through a filing depository box) on or before August 8 will be subject to the current fees Documents received for filing on and after August 9 will be subject to the new fees Fees are posted on the Clerkrsquos website at httpwwwclerkofcourtmaricopagovfeesasp
Appeal and Cost Bond Info Online
Court rules statutes court orders or other authorities may require posting appeal or cost bonds with the Clerks Office Depending on the type of issue the parties the complexity of the case and other factors years can pass between the bond posting date and resolution of related issues During that time parties attorneys and the courts may overlook issuing a court order releasing the money The Clerks Office holds the funds until a court order directs the Clerk specifically what to do with those funds The Clerkrsquos Office has now posted lists online of bonds posted with the Clerks Office where the need for the bond may have ended and no court order was filed allowing the Clerk to return the money If you or your clients posted an appeal or cost bond in any case it is worth checking if funds are still on hold
Customers can search the online lists by party name or case number A party or their attorney must file a petition with the court requesting an order be issued directing the Clerk to release these funds The Clerks Office will only release money by court order and only as specifically directed in the order For more information about the deposit or release of these funds including specific information the Clerkrsquos Office needs before releasing money see the Clerkrsquos website at httpwwwclerkofcourtmaricopagovrelease_bondsasp The Clerks Office will only assist parties to a case or their attorneys Third-party vendors personal representatives and other non-parties must be named in a court order to obtain detailed information or to receive a payment check
Law Library Resource Center Filings Grow by Leaps and Bounds
Last year the Superior Court in Maricopa County renamed relocated and expanded its self-service center into the Law Library Resource Center (LLRC) The Clerkrsquos Office staffs a filing counter within the downtown Phoenix LLRC to allow customers a one-stop-shop for research drafting and filing court documents Filings within the LLRC have gone up every month since its establishment In January 2017 the file counter handled 406 transactions and nearly doubled that volume by the end of March 2017 with 802 transactions In June the file counter processed more than 1000 transactions Clerk staff at this window can process fee deferral applications adding to customersrsquo onsite convenience For more information about the LLRCrsquos services locations and other details see the Superior Courtrsquos website at httpswwwsuperiorcourtmaricopagovSuperiorCourtLawLibraryResourceCenter
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 34
THANK YOU
Our Charity Raffle Prize Drawing for this beautiful quilt donated by the Emmanuel Lutheran Quilters of Prescott Valley Arizona raised $350
All proceeds have been provided to Feed Hungry Children Program in Prescott Valley Arizona
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 35
Paralegal robot reviews patent documents There is a new software RoboReview that helps patent
lawyers draft applications that are more likely to pass muster with the USPTO It automates paralegal
work bringing more rigor to the task of researching prior art and potentially saving thousands of dollars
on a filing Typically this review is done by humans doing multiple searches To read more visit the
ABA Journal httpwwwabajournalcomnewsarticlepatent_document_robot_legal_review
Paralegal cries after being charged with stealing $12 million from law firm The paralegal was an
office manager for a law firm in downtown Toledo where prosecutors allege she embezzles money from
the firm and from the trust account of a disabled client between 2008 and September 2015 The suit
claims that the paralegal forged signatures and falsified bookkeeping software and other records to steal
from the firm The paralegal cried throughout the bond hearing She has been fired To read more about
this case visit httpwwwtoledobladecomCourts20170712Bond-set-at-100K-for-office-manager-
charged-with-embezzling-1-2Mhtml
Paralegal re-appointed to Florida Bar Section Priscilla Horn Warren a nationally and Florida
certified paralegal will continue to serve on the States Solo and Small Firm Section as their paralegal
representative for 2017-2018 term Warren has continuously served as paralegal liaison with the section
since 1995
Law Firm not liable for paralegal mistake on $15 bn loan A New York Judge found that the firm did
not owe a duty of case to third parties The paralegal had accidentally cancelled the security interest of a
$15 billion loan to General Motors The firm did not represent the lenders and as such did not owe a duty
to third parties JP Morgan Chase acted as lenders and its lawyers also missed the mistake The mistake
was only noticed when GM filed for bankruptcy protection in 2009 To read more visit
httpwwwgloballegalpostcombig-storiesmayer-brown-not-liable-for-paralegal-mistake-on-$15-bn-
loan-73921531
Lawyer and paralegal arrested after being found with meth pipes and other drug paraphernalia
The attorney claimed that the equipment didnt belong to him (my paralegal did it defense) To read
more visit httpwwwarkansasmatterscomnewslocal-newsconway-lawyer-and-paralegal-arrested-on-
drug-possession769588833
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 36
DIAMOND SPONSORS
National Health Finance
ABI Document Support Services
RUBY SPONSORS
Nationwide Legal Inc
Vocational Diagnostics Inc
EMERALD SPONSORS
MBA Legal Transcription
First Legal Network
LexisNexis
Coash amp Coash
Robert E ldquoBobrdquo Underdown The Insurance Archaeologist
Jones Skelton amp Hochuli
THANK YOU TO OUR SPONSORS AT OUR ANNUAL LEGAL CONFERENCE AND 40TH ANNIVERSARY CELEBRATION
Thank you to the individuals and businesses that support the Arizona Paralegal
Association in our efforts to promote and educate the paralegal community by
becoming Legal Seminar Sponsors The assistance of our sponsors has been vital in
bringing educational programs to paralegals across Arizona This Legal Seminar would
not be possible without the help of the sponsors and we hope you will join us in
PEARL SPONSORS
Compex Legal Services Inc
Kathy Hanchette Premier Designs
Robson Forensic
Parasec
Iron Mountain
Litigation Services
Fronteo
The Morton Group
Integrated Medical Evaluations Inc
Elite Medical Experts
Lynn Tofaute Yanbal Jewelry
Griffin amp Associates
Discovia
Woolston amp Tarter PC
Ottmar amp Associates
Ballard Spahr LLP
DTI Global
Thank you to these Northern Arizona sponsors who have generously donated
prizes for the Arizona Paralegal Association drawing
Murphyrsquos Restaurant Prescott Arizona
Susanne Chacon Scentsy 9287108777
Yavapai Title 9284452528
Mangum Pearce Court Reporting 9284451909
Prescott Law group PLC 9284451909
Emmanuel Lutheran Quilters Prescott Valley
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 37
Congratulations to the Arizona Paralegal Association on 40 years
1 East Washington St Suite 2300
Phoenix AZ 85004
602798-5400
wwwballardspahrcom
6024851488
wwwOtmarAssoccom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 38
APA MEMBER JOB BANK
DONrsquoT FORGET TO CHECK OUR ONLINE
JOB BANK FOR UP-TO-DATE JOB LISTINGS
at httpwwwazparalegalorgjobbank
[In order to view the online Job Bank you must login
to our new website (using your email and password)
If you experience any difficulty logging in please
contact membershipazparalegalorg for assistance]
PARALEGAL - BANKRUPTCY LITIGATION
Position Overview
Under the supervision of one or more lawyer(s) the
Paralegal assists in the delivery of quality efficient
and accessible legal services in the bankruptcy real
estate corporate andor commercial litigation practice
groups
Responsibilities
Draft routine pleadings statements affidavits
andor other legal documentation as appropriate at
the specific direction of attorneys
Prepare initial drafts of legal documents for
bankruptcy proceedings including case captions
and simple pleadings such as claim forms requests
for notice or judicial notice etc
Arrange Court Call appearances communicates
and cooperates with Court clerks on filings and
appearance requirements and interacts with Court
personnel as necessary to serve client needs
Prepare initial drafts of fee applications when
representing estate professionals and oversecured
creditors in bankruptcy cases and in connection
with fee awards in other litigation contexts
including exhibits and declarations in support
Compile documents in connection with appeals
including designations and indexes of the record
district court elections and requests for transcripts
Draft notices of appearance substitutions of
counsel documents pro hac vice applications and
corporate ownership statements
Assist with discovery-related filings including
Bankruptcy Rule 2004 examination applications
notices and orders subpoenas and notice of
servicecompliance
Manage non-judicial trustees sale process
including security instrument review public
record filing review notice drafting service
completion bid compilation sale procedures
communications with interested parties deed upon
sale drafting and all necessary public recording
and filing
Perform ECF filings and review local rules for
pleading forms notice and service requirements
Fulfill duties to deliver court copies courtesy
copies lodged order uploads in pdf or Word and
complies with all local rule requirements
Organize index and track large numbers of
documents including development of information
(Continued on page 39)
DO YOU KNOW OF A PARALEGAL POSITION AT YOUR PLACE OF EMPLOYMENT
If so advise your employer that the APA offers ad space for paralegal jobs to employers free of charge To place a job bank ad or for information on a job send an e-mail to Betsy Wolf at jobbankazparalegalorg
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 39
APA MEMBER JOB BANK
retrieval systems performs all case management
functions
Perform calendaring or docketing of information
as needed
Research and obtain information from various
courts administrative bodies public information
sources etc
Performs electronic research using PACER court
websites Westlaw and Lexis in addition to
Shepardizing and Bluebooking citations
Coordinate efforts with trials and hearings such as
taking notes handling exhibits organizing and
gathering factual information etc
Attend trials or client meetings as needed inside
and outside the office that require face-to-face
contact
Coordinate vendors in conjunction with a project
such as court reporters process servers copy
vendors etc
Track time in DTE and assures that services
provided are properly charged to the client
Track expenses for travel client meetings and
court appearances
Essential Job SpecificationsQualifications
Familiarity with pleading notice and service rules
triggered in Chapter 7 and 11 Bankruptcy Courts
Familiarity with Uniform Commercial Code
enforcement process and procedures
Familiarity with basic corporate formation
practices and procedures
Ability to perform ECF filings
Excellent computer skills including Word Excel
PowerPoint and database applications
Ability to deal professionally with all levels of
clients both internally and externally
Proven ability to solve problems work
independently and tackle projects with minimal
supervision
Ability to be flexible meet deadlines handle
pressure and adapt to changing work priorities
work flow and work assignments
Ability to effectively and respectfully
communicate verbally and in writing with other
staff lawyers management and clients
Ability to organize a large amount of data and files
into an efficient system (both electronic and
hardcopy) for easy filing and retrieval
Ability to maintain confidences as well as build
confidences and trust
Ability to pay close attention to detail
Ability to work overtime up to 10 or more hours
per week
Ability to work off-site at client location(s) for
extended periods of time
Requires the ability to regularly report to work on
the days and times scheduled or alternatively to
work flex hours depending on lawyer and client
needs
Physical Demands
Ability to work in a typical office environment and
lift up to 25 lbs NOTE Reasonable
accommodations may be made to enable
individuals with disabilities to perform the
essential functions
Travel
Ability to travel locally
EducationExperienceCertifications
Bachelors Degree andor Paralegal Certificate
Minimum of two years experience with
bankruptcy and litigation practice(s) at a law firm
Disclaimer
The above statements are intended to describe the
general nature and level of work being performed by
the incumbent in the position They are not intended
to be an exhaustive list of all responsibilities duties
and skills of the employee Duties and responsibilities
may change at any time with or without notice
(Job Bank hellip Continued from page 38)
(Continued on page 40)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 40
How to Apply Please send resume to
lisaspannbryancavecom
Equal Opportunity Employer
LITIGATION PARALEGAL - INSURANCE
DEFENSE
Jones Skelton amp Hochuli is seeking an ambitious
paralegal with 5+ years of experience in general civil
litigation and experience in State and Federal courts
The ideal candidate will have a stable work history
and exceptional communication and organizational
skills We offer a competitive salary and benefits
package and a team-oriented working environment
Please email your resume to Recruitingjshfirmcom
AAEOE
EXPERIENCED LITIGATION PARALEGAL
Dickinson Wright PLLC (Phoenix office) is in need of
a litigation paralegal
Requires a minimum of three yearsrsquo recent experience
in Arizona law
Job Description
Organize and synthesize information through the
preparation of summaries chronologies reports
spreadsheets
Draft and review routine legal documents (eg
privilege logs exhibit lists discovery disclosures
etc)
Assist attorneys on cases by providing
computerized support to help them plan organize
research analyze argue and present their cases in
a more cost and time efficient manner
Provide the day-to-day support of data
management
Assist attorney in trial preparation and set-up of
electronic equipment in the courtroom provides
court assistance as required
Assist with managing cases projects on various
levels and at various stages of the litigation
process
Candidates must have excellent communication skills
for contacting clients experts and other outside
parties have knowledge of state and federal court
rules procedures and e-filing requirements drafting
be self-motivated a team player proficient in MW
Word Outlook 2010 and a working knowledge of
document management systems Relativity and Trial
Director experience is a must
EducationalExperience requirements
Paralegal certificate from ABA school or
certification
We offer a competitive salary and benefits package
and an outstanding work environment All candidates
must submit a cover letter resume and salary history
Please email resumes to
LMandellDickinsonwrightcom
EXPERIENCED FAMILY LAW PARALEGAL
Cantor Law Group an AV-rated six-attorney family
law firm located in downtown Phoenix seeks a sharp
paralegal with at least two years of recent Arizona
family law experience In this position you will work
closely with an associate attorney to manage a case
load of 40+ cases covering a wide range of domestic
relations issues Experience with high-asset andor
DCS cases is a plus Must be a strong writer able to
draft pleadings and correspondence Exceptional
people skills are needed as there is a great deal of
client contact
An attractive compensation and benefits package is
available for the right candidate In addition to a
competitive salary and bonus opportunities we offer
an outstanding benefits package including ten paid
(Job Bank hellip Continued from page 39)
(Continued on page 41)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 41
holidays per year ten days paid vacation days yearly
five days personal paid time off yearly as well as the
availability of medical dental vision and life
insurance A 401K with a very generous employer
match is offered after one year
Requirements
2 years recent Arizona family law experience
Proactive able to handle and direct caseload with
minimal supervision
Attention to detail and excellent follow-up
Excellent analytical capabilities amp writing skills
able to draft substantive motions for attorney
review
Work well as a member of a fast-paced team
Professional appearance demeanor and attitude
Great client relations skills
Excellent computer skills including proficiency in
MS Word and other MS Office applications
Paralegal certification preferred (not required)
Knowledge of Time Matters or other case
management software a plus
Please send resumes to hrdmcantorcom
EXPERIENCED CRIMINAL DEFENSE
PARALEGAL
The Law Offices of David Michael Cantor an AV
rated criminal defense firm in Downtown Phoenix is
seeking an experienced paralegal with felony amp
misdemeanor experience to work closely with our
attorneys Our practice includes the full spectrum of
criminal charges and you will have the opportunity to
work on cases involving drug charges violent crime
sex offenses white collar crime property crime and
DUIs
The job
Proactively manage a substantial caseload without
direct supervision
Prepare and file pleadings according to attorney
instructions
Prepare trial notebooks and handle all trial prep
work
Create high quality correspondence and other
documents with little to no supervision
Maintain professional relationships with law
enforcement and prosecutors
Provide excellent customer service for our clients
Support 1-2 attorneys
We offer
Competitive compensation
Outstanding benefits including medical dental
vision lifeADampD coverage
401K with generous employer match
Paid vacation and sick time
Ten paid holidays per year
You
2+ years of private Arizona defense experience
handling both misdemeanor and felony charges
Familiar with Arizona courts and MVD
Proactive ndash needs little supervision
Great follow-up skills and attention to detail
Excellent writing skills
Professional appearance and behavior
MS Word and other MS Office applications
Keyboard speed 50+ wpm
Reliable
Enjoy being a member of a friendly team of
professionals
Experience with Abacus or other case
management software desirable
Please send resumes to hrdmcantorcom
PARALEGAL
Sentry Insurance is looking for a Paralegal to provide
litigation and administrative support to our Staff
(Job Bank hellip Continued from page 40)
(Continued on page 42)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 42
Counsel operation If you are looking for a career
with great potential choose the company with the
strength and stability to offer it all
What Yoursquoll Do
As the Paralegal yoursquoll assist the attorney staff by
performing legal activities which do not require
attorney signature client advise or appearances in
court In addition yoursquoll
Assist in the preparation of responses to discovery
under direct supervision of an attorney
Perform factual investigations and document
searches
Obtain investigative materials and policy
information
Contact insureds and other witnesses to obtain
factual statements
Coordinate scheduling of litigation activities and
witness appearances
What it Takes
Associate Degree or equivalent work experience
2-5 years of related work experience at least one
year in litigation practice
American Bar Association-Certified Paralegal
Training
Advanced knowledge of case management and
knowledge of and ability to perform legal
research
Experience with resources such as Westlaw and
Lexis
Strong analytical ability and knowledge of
litigation processes
Strong organizational and communication skills
Ability to maintain confidentiality
Strong working knowledge of the Internet
PowerPoint Excel and Word and familiarity with
legal case management software (ProLaw Clio
etc)
Ability to work independently and in multi-
jurisdictional venues
Must be able to meet travel requirements of the
job
What Yoursquoll Receive
We offer an outstanding array of benefits for our
associates including
Competitive Compensation
Group Medical Dental Vision and Life benefits
Generous Paid-Time Off - including Company
Holidays
401k plan with a dollar-for-dollar match on your
first six percent ndash immediate vesting
Access to more than 100 certification designation
and licensing courses
Career advancement opportunities
Why Sentry Insurance
Sentry employees have been helping individuals and
businesses build and protect their futures since 1904
Because of the trust placed in us Sentry is one of the
largest and strongest mutual insurance companies in
the United States and is rated A+ by AM Best the
industrys leading rating authority Sentry offers a full
line of property casualty and life insurance products
to protect businesses cars homes lives and retirement
incomes
So make the right choice - with great potential for
growth an outstanding 401(k) program and a schedule
that offers you a balance between your work and life
choose the company with the strength and stability to
offer it all Choose Sentry Insurance Sentry
Insurance is an Equal Opportunity Employer Apply
online at httpsjobssentrycomsearch119871
FULL-TIME LEGAL SECRETARY ASSISTANT
Mid-sized law office is seeking a self-motivated and
highly organized legal secretary with a minimum of 5
years of experience supporting 2 or more attorneys
Position will support multiple attorneys with case
management assistance calendaring state and federal
court filings formatting correspondence and
(Job Bank hellip Continued from page 41)
(Continued on page 43)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 43
pleadings copying mailing and other clerical duties
Optimal candidate will be able to accept and
implement directives maintain focus in hectic
environment keep attorneys informed of progress at
regular intervals and prioritize multiple projects
Working knowledge of MS Word amp Excel required
Associatersquos degree and background in litigation andor
insurance preferred EEOC Please email reacutesumeacute and
cover letter with salary requirements to
admincdslawfirmcom
EXPERIENCED PLAINTIFFS PERSONAL
INJURY LEGAL ASSISTANT
Small growing fast-paced Central Phoenix Personal
Injury Law Firm seeking full-time Legal Assistant to
join our team
Candidate must have excellent skills and 5 years
experience in a Plaintiffs Personal Injury Law Firm
with an ability to perform in a fast paced environment
Bi-lingual (SpanishEnglish) preferred but not
required Position involves significant interaction with
clients and requires attention to detail Good
organizational skills with a strong work ethic are
essential as is the ability to multi-task
Responsibilities include handling a large pre-litigation
caseload interfacing with attorneys and legal
assistants Must be proficient with MS Word Outlook
and Needles Case Management (preferred but not
necessary) Salary is competitive and DOE
Qualified candidates should e-mail resume with a
cover letter detailing their skills employment history
and salary requirements to
acoronadoblakefirmcom
(Job Bank hellip Continued from page 42)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 44
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
NALA Campus LIVE - Live web seminars are offered in two sessions each year FebruarymdashMay and AugustmdashNovember Each ses-sion features about 30 on-line seminars The audio files and handout material are copyrighted by NALA and the authors They are for personal use only Duplication of any of the material or any commercial use is strictly prohibited
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics httpswwwnalaorgcontinuing-educationwebinars NALA Campus LIVE - Live web semi-nars are offered in two sessions each year FebruarymdashMay and AugustmdashNovember Each session features about 30 on-line seminars The audio files and handout material are copy-righted by NALA and the authors They are for personal use only Dupli-cation of any of the material or any commercial use is strictly prohibited
82217 Music Law and Intellectual Property Rights
82417 So the Plaintiffrsquos on Medicare
82017 The ABCrsquos of Special Education
In addition to the Live Webinars NALA has On-Demand Webinar Courses available httpswwwnalaorgcontinuing-educationon-demand-webinar NALA also has a wide variety of available Self-Study courses as well as the Live Webinars You can access the Self-Study courses here httpswwwnalaorgcontinuing-educationself-study Many of these courses are recommended for preparing for the CP exam
NATIONAL BUSINESS INSTITUTE
wwwnbi-semscom
Live Video Webcasts
httpwwwnbi-semscomDefaultaspxVideo-WebcastsNavigationDataSource1=N63782
OnDemand amp Downloads
httpwwwnbi-semscomContentaspxst=ArizonaampNavigationDataSource1=N63932-63947
8817 Probate Boot Camp
8917 Real Estate Title and Conveyance Handling the Top
Issues
8917 Marijuana Business Legal Considerations
81417 Legal Descriptions Title Insurance and Surveys in Real
Estate Transactions
81517 Advanced Custody and Support Issues
81617 Personal Injury Trials 101
82117 Trusts from Start to Finish
82217 How to Get Your Clients Paid Debt Collection 101
82317 Bankruptcy The Ultimate Guide to Chapter 7 and 13
82817 Conflicts of Interest A Practical Legal Ethics Guide
82917 Using LLCs to Protect Assets
83017 Complex Social Security Law Issues
83017 Dealing With Problem Employees A Legal Response
Guide
And many morehellip
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 45
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
Lorman Live Webinars wwwlormancom You can find many more seminars listed at httpwwwlormancomlive-webinar
ON DEMAND WEBINARS
There are many OnDemand Webinars to choose from also
httpwwwlormancomondemand
8317 Electronic Record Retention Mistakes HR
Professionals Can Avoid
8317 HUD Section 3 Compliance Tips for Governments
8417 Paralegals Guide to Unauthorized Practice of Law
8817 Protecting High-Risk Clientsrsquo Assets Against lawsuits
8817 Tips and Tricks to Improve Your Telephone Attitude
8917 Rules and Guidelines When Dealing With Statute of
Limitations
8917 Utilizing Formulas in Microsoft Excel
81017 Early Retirement Incentives Navigating the Legal
Issues
And many more
Maricopa County Bar Association CLE CALENDAR
httpmcbasite-ymcomeventsevent_listasp
LEXIS NEXIS Paralegal Community
has some good information as well
Check it out at httplawlexisnexiscomcommunityportalarticlesdefaultaspxg=QfsTyLJ1USs=ampc=EZggD7hDKLw=
Arizona Bar Association wwwazbarorgCLE
OnDemand CLE
httpsazbarinreachcecomSearchmediaType=494a95bb-1e05-4c5b-a25f-36ad84bd4c39
82217 State Bar of Arizona Course on Professionalism
82317 Steering Clear of Malpractice Road Bumps
82417 Traffic Offenses
82517 Probate Rule 10(E)(2) Subsequent Training for Court-
Appointed Counsel
83017 A Survey of Family Law
And many more
ALA-ABI wwwali-abaorg
The ALI-ABA site has excellent online CLE courses forms printed books MP3 CDROMs CLE DVDs CLE MP3 Downloads CLE Court Materials and Course Papers
81017 Powers of Attorney Latest Legal Developments
81717 Creating and Maintaining a Paperless Practice
Improve Workflow Increase Efficiency
82317 Hot Topics in Legal Ethics
And many more
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 46
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
Organization for Legal Professionals wwwtheolporgeducation
Online Courses
Litigation Support Project Management
Paralegal Management Certificate Program
Project Management in Electronic Discovery
Computer Technology Skills for Paralegals
Legal amp EDiscovery Project Management Course
Institute of Paralegal Education httpipenbi-semscomContentaspxNavigationDataSource1=N63943 Webcasts amp Webinars httpipenbi-semscomContentaspxNavigationDataSource1=Rpp20NspEventDateSort7c1017c17cN63944-4294952056
Webcasts amp Webinars
8217 Medical records Made Easy for Paralegals
8817 Case Management for Paralegals Managing
Documents Files Calendars and Tasks
81717 A Paralegalrsquos Guide to Divorce Cases
82217 The Paralegalrsquos Guide to Probate
82317 Construction Law 101 for Paralegals
82417 Corporate Minute Books A How-To Guide for
Paralegals
82917 Smartphone Apps and Tricks for Paralegals
83017 Managing the Discovery Process A Paralegalrsquos Guide
91217 Paralegalrsquos Guide to Legal Research and Citation
Management
National Constitution Center wwwconstitutionconferencescom
8817 Legal and binding E-Contracts What Works in a Digital World
82117 Retaliation Claims Protect Clients from EEOC Charges amp Private Suits
West Legal Education wwwwestlegaledcentercom
If you know of any other sources for CLE and would like listings to be placed in this
publication please email Newsletterazparalegalorg
- Front Cover
- Table of Contents
- Board of Directors
- APA Announcements
- APA Member News
- 10 Employer Considerations in Light of Arizonas New Paid Sick Time
- Paralegals strike out on firing claims
- Wearable technology Counting the steps to a defense verdict
- August Webinar
- To Lay or Lie
- Sticky Business Etiquette Questions amp Answers
- September Webinar
- Tucson Paralegal Associations 38th Annual Seminar
- The Verdict
- The Brief
- NewBytes
- APA Job Bank
- Got CLE
-
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 11
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 12
What do a rape claim in Pennsylvania a car accident
in Canada and an arson case in Ohio have in
common In each one ldquowearable technologyrdquo was
used as key evidence to prove or disprove the claim
Wearable technology encompasses devices people
wear which contain smart sensors and wirelessly
connect to smartphones through a web or Bluetooth
connection Certain types of wearable technology can
track a userrsquos activity and store the information for an
unlimited amount of time In civil and criminal
litigation fitness trackers and smart watches are
emerging as a potential source of information which
could provide valuable data for the prosecution or
defense of a lawsuit
Criminal case in Pennsylvania
For example when the police in Pennsylvania were
investigating a claim of rape they pulled the data
from the victimrsquos fitness tracker a Fitbit to
substantiate her story The victim claimed she was
sleeping in her home when an intruder entered her
bedroom and raped her However the Fitbit data
showed that the victim took approximately 1000 steps
after the time she claimed to have gone to bed and
prior to calling 911 The investigating officers
believed that the ldquovictimrdquo staged the crime scene
during those extra steps After completing their
investigation the police charged the supposed victim
with tampering with evidence and filing a false report
Personal injury in Canada
When a personal trainer suffered injuries in an
accident fitness trackers were not widespread Four
years after the accident the personal trainerrsquos lawyers
outfitted her with a Fitbit Force to show the plaintiffrsquos
current level of activity The lawyers gave the data to
Vivametric an analytics company and that data was
compared with the activity of the general population
as determined by ldquoindustry and public researchrdquo
Vivametric takes a single personrsquos data compares it to
Fitbitrsquos databank of collected and stored data from
other wearers and determines whether that person falls
above or below the average In this case the lawyers
are hoping the data will support their claim that the
trainerrsquos activity was below average
Property claim in Ohio
In the arson case the claimant told investigators that
when he saw the fire engulfing his home he packed
some belongings in a suitcase broke a window with (Continued on page 13)
Wearable technology
Counting the steps to a defense verdict By Nanci R Schanerman
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 13
his cane and threw items through the window before
carrying them to his car The claimant also told police
that he had a cardiac pacemaker The police were
suspicious of the firersquos origin They retrieved the
claimantrsquos pacemaker data through a search warrant
The data included the claimantrsquos heart rate pace
demand and cardiac rhythms before during and after
the fire A cardiologist determined that it was highly
improbable due to his medical conditions that the
claimant could do all the collecting packing and
removal of items from his house and then carry them
in the short period of time he indicated In addition
gasoline was found on the claimantrsquos clothing and the
fire started in multiple places The investigators stated
the medical data represented some of the ldquokey pieces
of evidencerdquo in the case
How can litigators use wearable technology in
their every day personal injury cases
The first step as with collecting any evidence in
litigation is to engage in discovery Under Florida
law and similarly in other jurisdictions the rules of
civil procedure state that a party can obtain discovery
regarding any matter ldquothat is relevant to the subject
matter of the pending actionrdquo If a party is claiming
they are injured and are no longer as active as they
used to be the data contained on any fitness or
activity tracking device is obviously relevant The
challenge in discovery will be to limit the scope of the
request to avoid the dreaded ldquofishing expeditionrdquo The
typical objections that could arise when requesting
fitness data are that it is burdensome to produce the
data is protected by a right to privacy and the request
is not limited in time or scope
Overcoming objections
It is easy to overcome these objections for the most
part To overcome a burdensome objection the
requestor can provide a protocol for easy download of
the information For example I created a protocol to
download Applersquos fitness data collected by any
iPhone (Yes iPhones are included as wearable
technology and automatically track a userrsquos activity)
or Apple Watch The protocol outlines step by step
how to extract the raw data and takes less than five
minutes
Until there is well established law regarding the
discovery of fitness tracking data the biggest
roadblock to discovery will most likely be objections
based on a userrsquos right to privacy One way to
potentially overcome this objection is to determine
whether the user shares the information with third
parties Most wearable technology contains a social
aspect where a user shares their data with friends or a
team much like social media Therefore law on
discovery of social media information will be
analogous to the collection of fitness tracking data In
Florida the Fourth District Court of Appeal in the
landmark case of Nucci v Target held that
ldquophotographs posted on a social networking site are
neither privileged nor protected by any right of
privacy regardless of any privacy settings that the
user may have establishedBy creating a Facebook
account a user acknowledges that her personal
information would be shared with othersrdquo Similarly
by opting to share fitness data with friends a user
acknowledges that his or her personal information
will be shared with others A second way to
potentially overcome a privacy objection is by
analogizing the fitness data with medical data
contained in medical records A plaintiffrsquos medical
records have long been considered discoverable to
prove a plaintiffrsquos injuries
Admissibility
After discovery of the data the next step is to lay the
foundation for admissibility at trial The foreseeable
challenges to admissibility are most likely going to be
the authentication of the data and the accuracy of the
data There are several ways to authenticate the data
such as questioning the user identifying data unique
to the use of the device like references to a particular
fitness goal or hiring a computer forensic expert
Proving the accuracy of the data will be a bigger
problem For example Apple admits that its heart rate
data is flawed If anything is blocking the LED lights
on the back of the watch which measure the heart rate
such as tattoos or irregular skin perfusion the heart
rate reading will not be accurate Similarly Apple
states on its website that water immersion while
swimming could interfere with accurate heart rate
data Furthermore irregular movements can confuse
(Wearable Technology hellip Continued from page 12)
(Continued on page 14)
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 14
any device Fitbit has also had the accuracy of its heart
rate data questioned in a class action filed in 2016
currently pending in Northern District of California In
the suit consumers from California Colorado and
Wisconsin allege that the heart rate tracking in the
Charge HR and the Surge two products that came to
market in 2015 is inaccurate by a significant
margin especially during periods of intense exercise
Overcoming challenges to accuracy of the data will
surely interfere with its admissibility but it would still
certainly be worth trying to admit overall trends in the
data instead of an exact number of steps walked in a
day or beats per minute of a personrsquos heart
With all of this in mind the challenge will be to find a
plaintiff pursuing a claim who utilizes a fitness
tracker This may become less of a challenge in the
next few years as experts predict fitness trackers and
smart watches will increase in the market by 195
million units by 2020 Furthermore employers and
insurance companies are outfitting people with
wearable technology to reduce risks and work place
injuries Several health insurance companies are
offering discounts to people who utilize this
technology and submit it to show a healthy and active
lifestyle
Wearable technology is constantly evolving and
getting better with each generation It will be
interesting to see what happens when the law catches
up and whether this data will become a regular part of
personal injury litigation much like social media
discovery
Reprinted with permission of the author
Nanci R Schanerman of
(Wearable Technology hellip Continued from page 13)
Mike McCrary Discovery Consultant
mmccraryfronteocom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 15
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 16
Join us on WEDNESDAY August 9 2017 at 1200 PM for this one-hour CLE webinar by Dr Arthur Eckstat ldquoWill That Product Liability Personal Injury Claim Prevailrdquo
What yoursquoll learn
Whether you are the team pursuing a product liability personal injury claim or defending against one the
criteria for prevailing is much the same Yoursquoll learn the criteria for a valid product liability claim and further
examine red flags that can affect your ability to prevail and suggestions on how to manage them
Criteria and Red Flags discussed include but not limited to
This webinar qualifies for 1 hour of CLE credit
Cost $25 for APA members $30 non-members
LAST DAY TO REGISTER FRIDAY AUGUST 4 500 PM
Identifying party(s) responsible Evidence collecting and protecting
How and why did the injury occur Expert witnesses ndash need types roles
What really happened despite story Interrogatories ndash Use and abuse
Likelihood of substantiating negligence Costs of pursuing or defending a claim
Strict Liability criteria for prevailing Contingency fee considerations
Identifying designmanufacturing defect
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 17
Our Speaker
Dr Arthur Eckstat
Engineering Consultant and Expert Witness
Dr Arthur Eckstat has served as an Engineering Consultant amp Expert Witness for over 15 years specializing
in Products Liability Personal Injury matters including wrongful death Art is often approached by plaintiff
attorneys to support what would be an unwinnable claim He created Lawsuit Consultant
(wwwlawsuitsconsultantcom) to help Products Liability Plaintiff Attorneys learn how to choose craft and
conduct winning cases while identifying and avoiding losing or under-performing cases That service
expanded to helping Defense Attorneys and insurance companies learn how to determine the validity of injury
claims Regardless of which side of an injury claim yoursquore representing two primary questions are ldquoHow was
the claimant injuredrdquo and ldquoWhy was the claimant injuredrdquo
Art possesses a Mechanical Engineering degree and an earned Doctorate He took early retirement from the
corporate worlds of Automotive and Aerospace engineering where he received international recognition and
accolades from both internal and external customers for his unique ability to see and explain what others have
missed He has successfully bridged the breach between Academic and Practitioner Art was honored as a
Contributor to Aviation History by Donald Engen Director of the Smithsonian National Air and Space
Museum in a ceremony held at the museum in Washington DC
DEADLINE TO REGISTER August 4 at 500 pm
Premier Designs Jewelry
Kathy Hanchette
Beyond Diva Jewelry
602-264-2230
wwwArizonaCourtReporterscom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 18
A degree above all others
12th Street and Missouri
Phoenix AZ 85014
(602) 212-1445
mbatranscriptazcoxnet
Serving local and national clientele with their
legal and general transcription needs
including civil criminal personal injury
family law as well as assisting in other areas
of law
INTEGRATED MEDICAL EVALUATIONS INC
401 W Baseline Rd Suite 206
Tempe AZ 85283
6023650132
wwwimewestcom
I avoid looking I avoid looking I avoid looking
forward or forward or forward or
backward and backward and backward and
try to keep try to keep try to keep
looking upward looking upward looking upward Charlotte BronteCharlotte BronteCharlotte Bronte
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 19
Many have a problem with lie or lay How do you know when to use which one
Lay (lay laid laying) means ldquoto putrdquo or ldquoto placerdquo Because itrsquos a verb (action word) it requires an object to
complete the meaning
Please lay the groceries on the counter
She laid her resignation letter on the bossrsquos desk
He is always laying his schoolbooks on the kitchen table
Lie (lie lay lain lying) means ldquoto recline rest or stayrdquo or ldquoto take a position of restrdquo Unlike lay which re-
quires it lie cannot take an object
She said she was going to lie on the bed to test the mattress
The pleading was lying on his desk for him to sign
A way to remember the difference is that if you can replace the questionable lie or lay with place (or the correct
version of it) then you need to use the correct version of lay If it doesnrsquot use the correct version of lie
She wanted to (lay or lie) down for a nap Would you say ldquoShe wanted to place down for a naprdquo No So
the proper word would be lie
He (laid or lay) the coffee on his secretaryrsquos desk Is it ldquoHe placed the coffee on his secretaryrsquos deskrdquo Yes
Then laid is correct
Another reminder hint might be if you are going to plAce something then you are going to lAy it but if you
are going to rEst you are going to liE
Thanks to Kathy Sieckman PP PLS-SC ACP of wwwProofthatblogcom for the above
To Lay
or Lie
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 20
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 21
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 22
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 23
Occasionally we all come across
situations in which we wonder
Would Miss Manners approve But
in the digital age of social
networking the etiquette lines can
become even blurrier Following are
some common sticky business
etiquette questions and tips to help
tackle them
Social Media
Should I personalize my LinkedIn requests to
connect with others
Its perfectly fine to use the form letter and in fact
most people do it for convenience even when
connecting with close contacts But if you wish to
connect to someone you havent seen in a while take
the time to personalize the message and explain how
youve met
How do I keep my manager from getting wind of
my job search using LinkedIn
If you consistently have a voice share opinions and
articles and tend to your audience and your network
as a daily routine mdash and not just when youre looking
for work mdash then when its time to find that next career
opportunity none of your activity will look out of the
ordinary But its not smart to immediately update your
LinkedIn profile by adding a large number of new
contacts fleshing out your profile and soliciting
recommendations Adjust your settings so you dont
broadcast activity youre not willing to share Pay
particular attention to the Opportunity Preferences
section under Contact Settings If you say you are
interested in career opportunities you could be
sending a red flag to your manager You can gain
exposure among your peers by joining groups related
to your professional field Many recruiters are
members and scan the roster for potential hires
Contribute to the discussion and establish yourself as a
subject matter expert to catch their interest
Should I friend my boss or coworkers
This is the $64000 question and the feelings of those
on the receiving end may provide the answer (See
Thinking About Friending Your Boss on
Facebook on Page 10 of Business Etiquette The
New Rules in a Digital Age) If you do connect utilize
privacy settings and different friend lists to control
how mdash and with whom mdash you share content Be
sensitive to your professional environment some
industries or companies are much more engaged in
digital networking than others If youre starting a new
job take your cue from others before sending out
friend requests to your new colleagues
Can Facebook postings hurt my job search
A good rule of thumb is to always post prudently If
you dont want your employer to see it get rid of it A
recent survey by our firm revealed that 44 percent of
executives review the Facebook presence of potential
hires Even if your account is just for fun keep it in
check To put your Facebook on a privacy lockdown
click on the drop-down Account menu in the top
right corner and select Privacy Settings Keep in
mind that Facebook may change its privacy features at
(Continued on page 24)
Sticky Business Etiquette Questions amp Answers
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 24
any time and you might not be aware of the changes
when they occur Always assume that anything you
post online may become public
Should I use Facebook at work
Maybe if its for work-related purposes and not just
keeping your friends updated on your weekend
activities Then again maybe not Thirty-eight percent
of chief information officers interviewed by Robert
Half have implemented stricter social networking
policies as these tools have become more prevalent in
the workplace If youre not sure what rules your firm
has in place check with your manager or human
resources representative Your best bet is your own
good judgment Just as you would expect to restrict
personal phone calls or conversation at work you
should limit personal use of social networking
platforms too
Whats the right way to decline a request to
connect with someone
While an automated No thank you could make our
lives easier no response at all might be your best bet
Dont feel pressured to connect with someone you
would rather not form a relationship with and dont
feel the need to explain your decision If you expect
you might run into the individual in person be
prepared in case you are confronted about it Simply
click Ignore especially if the person is a stranger
If someone follows me on Twitter should I
automatically follow him or her back
No because you may end up unfollowing the person
later Before following people check out their feed
bio and previous tweets to get a sense of them or their
organization and determine if youll be interested in
seeing the kind of content they share Although its
considered good etiquette to follow someone back
dont do it indiscriminately Its your feed and you
want to make it valuable to you
Emails and Conference Calls
Uh oh I sent a confidential email to the wrong
person What do I do now
Its not a lost cause and there are a few steps you can
take First try to use the recall function of your email
program But keep in mind that not all applications
offer this option and various factors can affect how
successful it is If this step doesnt solve the problem
you need to limit the impact of your mistake Contact
those who are affected the recipient and possibly the
person to whom you intended to send the message
Explain your error and if you need their help
correcting it You also may need to inform your
manager of the mistake
How responsive should I be to e-mail when Im on
vacation
It depends on whether you want to have a real
vacation If your Out of Office says youre not
checking e-mail on vacation dont check and respond
to messages Doing so changes expectations and
implies youre more accessible than you said youd be
Instead be considerate to others needs while you are
out and list a back-up contact in your Out of Office
auto response
I forgot to attach a file before sending an emailhellip
again How can I avoid this in the future
Slow down Everyone forgets to attach a file from
time to time because theyre in a rush But repeatedly
making this mistake can cause your colleagues to
question your attention to detail Going forward try
attaching your file before you compose your message
This way you can be sure it makes it to the recipient
Just make sure you attach the right file
How can I prevent my colleagues from scheduling
conference calls over lunch
Everyone should have a chance to eat lunch Often
people simply look for an open spot on others
calendars when scheduling a meeting So you might
consider blocking out your lunch hour to ensure you
have time to grab a bite to eat Although it may be
unavoidable to meet during this time on occasion you
might find that this simple step helps you out
Thanks to Robert Half for this information To learn more about
Robert Half visit wwwroberthalfcom
(Sticky Business hellip Continued from page 23)
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 25
3150 N 24th Street
Suite D-104
Phoenix AZ 85016
6022569700
The Nationwide Legal LLC team provides a
broad spectrum of comprehensive legal support
services at an unparalleled level of quality NWL
utilizes state-of-the-art technology to deliver
practical and cost-effective solutions for all of
your legal support service needs wwwNationwideASAPcom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 26
BILLING
BLUNDERS AND
FEE AGREEMENT
ESSENTIALS Speaker
Lynda C Shely
Esq
Ethics Lawyer
Speaker
Consultant
APA WEBINAR
Wednesday September 13 2017
1200-100 pm
COST APA Members $25 (or use your free 2017 webinar coupon) All others $30
This webinar qualifies for 1 hour Ethics CLE credit
Lynda C Shely of The Shely Firm PC Scottsdale Arizona provides ethics advice to over 1500 law firms in Arizona and the
District of Columbia on a variety of topics including conflicts of interest fees and billing trust account procedures lawyer
transitions multi-jurisdictional practice ancillary businesses and ethics requirements for law firm advertisingmarketing She also
assists lawyers in responding to initial Bar charges performs law office risk management reviews and trains law firm staff in
ethics requirements Lynda serves as an expert witness and frequently presents continuing legal education programs around the
country Prior to opening her own firm she was the Director of Lawyer Ethics for the State Bar of Arizona Prior to moving to
Arizona Prior to moving to Arizona Lynda was an intellectual propertyantitrust associate with Morgan Lewis amp Bockius in
Washington DC Lynda received her BA from Franklin amp Marshall College in Lancaster PA and her JD from Catholic
University in Washington DC
Lynda was the 2015-2016 President of the Association of Professional Responsibility Lawyers She serves on several State Bar of
Arizona Committees and as a liaison to the ABA Standing Committee on Ethics and Professional Responsibility She is an
Arizona Delegate in the ABA House of Delegates Lynda has received several awards for her contributions to the legal profession
including the 2007 State Bar of Arizona Member of the Year award the Scottsdale Bar Associationrsquos 2010 Award of Excellence
and the 2015 AWLA Maricopa Chapter Ruth V McGregor award She is a prior chair of the ABA Standing Committee on
Client Protection and a past member of the ABArsquos Professionalism Committee and Center for Professional Responsibility
Conference Planning Committee Lynda was the 2008-2009 President of the Scottsdale Bar Association She has been an adjunct
professor at all three Arizona law schools teaching professional responsibility
LAST DAY TO REGISTER FRIDAY September 8 2017 at 500 PM
Click Here to Register httpazparalegalorgevent-2588123
Ethical and practical considerations for all firms ndash even those that think they do not need to
track hourly time Lynda will review what clauses are mandatory for all fee agreements in Ar-
izona as well as clauses that will help with client communications and expectations Billing
tips will go over the five things to never do in a time entry why block billing is prohibited in
Arizona how to get paid faster and common mistakes made in client invoices
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 27
WOOLSTON amp TARTER PC AUDIT DEFENSE amp TAX LITIGATION
Congratulations to the Arizona
Paralegal Association on 40
successful years of promoting the
paralegal profession
In just about every area of society therersquos nothing more important than ethics
Henry Paulson
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 28
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 29
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 30
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 31
Jason Bagley
Senior Territory Manager
(602) 559-4587
jasonbagleylexisnexiscom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 32
GENDER EQUALITY
The process of voir dire sometimes includes
subtle and not-so-subtle attempts at gender
stacking of jurors to prevent or create bias
toward a plaintiff Other demographic factors
may be more influential but gender is still
important though not necessarily in the way
one would suspect
The accompanying chart based on California New York and Texas cases reported to VerdictSearch depicts
plaintiffsrsquo winning percentages according to the plaintiffrsquos gender and the juryrsquos composition Bias is evident
but it is not dependent on the plaintiffrsquos gender
Any plaintiffrsquos winning percentage is substantially greater when his or her case is heard by a female-
dominated jury rather than a male-dominated jury or a gender-neutral jury The takeaway All other factors
being equal plaintiffs are best served by female jurors The equation flips when it comes to awarding
damages but thatrsquos a topic for another study
Thank you to Verdict Search for this analysis To learn more about VerdictSearch visit
wwwVerdictSearchcom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 33
Vol 13 No 8 August 2017
Fees Increase in One Week
Most filing and service fees will increase on Wednesday August 9 2017 Documents submitted for filing that are received by the Clerks office (file counter by mail or through a filing depository box) on or before August 8 will be subject to the current fees Documents received for filing on and after August 9 will be subject to the new fees Fees are posted on the Clerkrsquos website at httpwwwclerkofcourtmaricopagovfeesasp
Appeal and Cost Bond Info Online
Court rules statutes court orders or other authorities may require posting appeal or cost bonds with the Clerks Office Depending on the type of issue the parties the complexity of the case and other factors years can pass between the bond posting date and resolution of related issues During that time parties attorneys and the courts may overlook issuing a court order releasing the money The Clerks Office holds the funds until a court order directs the Clerk specifically what to do with those funds The Clerkrsquos Office has now posted lists online of bonds posted with the Clerks Office where the need for the bond may have ended and no court order was filed allowing the Clerk to return the money If you or your clients posted an appeal or cost bond in any case it is worth checking if funds are still on hold
Customers can search the online lists by party name or case number A party or their attorney must file a petition with the court requesting an order be issued directing the Clerk to release these funds The Clerks Office will only release money by court order and only as specifically directed in the order For more information about the deposit or release of these funds including specific information the Clerkrsquos Office needs before releasing money see the Clerkrsquos website at httpwwwclerkofcourtmaricopagovrelease_bondsasp The Clerks Office will only assist parties to a case or their attorneys Third-party vendors personal representatives and other non-parties must be named in a court order to obtain detailed information or to receive a payment check
Law Library Resource Center Filings Grow by Leaps and Bounds
Last year the Superior Court in Maricopa County renamed relocated and expanded its self-service center into the Law Library Resource Center (LLRC) The Clerkrsquos Office staffs a filing counter within the downtown Phoenix LLRC to allow customers a one-stop-shop for research drafting and filing court documents Filings within the LLRC have gone up every month since its establishment In January 2017 the file counter handled 406 transactions and nearly doubled that volume by the end of March 2017 with 802 transactions In June the file counter processed more than 1000 transactions Clerk staff at this window can process fee deferral applications adding to customersrsquo onsite convenience For more information about the LLRCrsquos services locations and other details see the Superior Courtrsquos website at httpswwwsuperiorcourtmaricopagovSuperiorCourtLawLibraryResourceCenter
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 34
THANK YOU
Our Charity Raffle Prize Drawing for this beautiful quilt donated by the Emmanuel Lutheran Quilters of Prescott Valley Arizona raised $350
All proceeds have been provided to Feed Hungry Children Program in Prescott Valley Arizona
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 35
Paralegal robot reviews patent documents There is a new software RoboReview that helps patent
lawyers draft applications that are more likely to pass muster with the USPTO It automates paralegal
work bringing more rigor to the task of researching prior art and potentially saving thousands of dollars
on a filing Typically this review is done by humans doing multiple searches To read more visit the
ABA Journal httpwwwabajournalcomnewsarticlepatent_document_robot_legal_review
Paralegal cries after being charged with stealing $12 million from law firm The paralegal was an
office manager for a law firm in downtown Toledo where prosecutors allege she embezzles money from
the firm and from the trust account of a disabled client between 2008 and September 2015 The suit
claims that the paralegal forged signatures and falsified bookkeeping software and other records to steal
from the firm The paralegal cried throughout the bond hearing She has been fired To read more about
this case visit httpwwwtoledobladecomCourts20170712Bond-set-at-100K-for-office-manager-
charged-with-embezzling-1-2Mhtml
Paralegal re-appointed to Florida Bar Section Priscilla Horn Warren a nationally and Florida
certified paralegal will continue to serve on the States Solo and Small Firm Section as their paralegal
representative for 2017-2018 term Warren has continuously served as paralegal liaison with the section
since 1995
Law Firm not liable for paralegal mistake on $15 bn loan A New York Judge found that the firm did
not owe a duty of case to third parties The paralegal had accidentally cancelled the security interest of a
$15 billion loan to General Motors The firm did not represent the lenders and as such did not owe a duty
to third parties JP Morgan Chase acted as lenders and its lawyers also missed the mistake The mistake
was only noticed when GM filed for bankruptcy protection in 2009 To read more visit
httpwwwgloballegalpostcombig-storiesmayer-brown-not-liable-for-paralegal-mistake-on-$15-bn-
loan-73921531
Lawyer and paralegal arrested after being found with meth pipes and other drug paraphernalia
The attorney claimed that the equipment didnt belong to him (my paralegal did it defense) To read
more visit httpwwwarkansasmatterscomnewslocal-newsconway-lawyer-and-paralegal-arrested-on-
drug-possession769588833
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 36
DIAMOND SPONSORS
National Health Finance
ABI Document Support Services
RUBY SPONSORS
Nationwide Legal Inc
Vocational Diagnostics Inc
EMERALD SPONSORS
MBA Legal Transcription
First Legal Network
LexisNexis
Coash amp Coash
Robert E ldquoBobrdquo Underdown The Insurance Archaeologist
Jones Skelton amp Hochuli
THANK YOU TO OUR SPONSORS AT OUR ANNUAL LEGAL CONFERENCE AND 40TH ANNIVERSARY CELEBRATION
Thank you to the individuals and businesses that support the Arizona Paralegal
Association in our efforts to promote and educate the paralegal community by
becoming Legal Seminar Sponsors The assistance of our sponsors has been vital in
bringing educational programs to paralegals across Arizona This Legal Seminar would
not be possible without the help of the sponsors and we hope you will join us in
PEARL SPONSORS
Compex Legal Services Inc
Kathy Hanchette Premier Designs
Robson Forensic
Parasec
Iron Mountain
Litigation Services
Fronteo
The Morton Group
Integrated Medical Evaluations Inc
Elite Medical Experts
Lynn Tofaute Yanbal Jewelry
Griffin amp Associates
Discovia
Woolston amp Tarter PC
Ottmar amp Associates
Ballard Spahr LLP
DTI Global
Thank you to these Northern Arizona sponsors who have generously donated
prizes for the Arizona Paralegal Association drawing
Murphyrsquos Restaurant Prescott Arizona
Susanne Chacon Scentsy 9287108777
Yavapai Title 9284452528
Mangum Pearce Court Reporting 9284451909
Prescott Law group PLC 9284451909
Emmanuel Lutheran Quilters Prescott Valley
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 37
Congratulations to the Arizona Paralegal Association on 40 years
1 East Washington St Suite 2300
Phoenix AZ 85004
602798-5400
wwwballardspahrcom
6024851488
wwwOtmarAssoccom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 38
APA MEMBER JOB BANK
DONrsquoT FORGET TO CHECK OUR ONLINE
JOB BANK FOR UP-TO-DATE JOB LISTINGS
at httpwwwazparalegalorgjobbank
[In order to view the online Job Bank you must login
to our new website (using your email and password)
If you experience any difficulty logging in please
contact membershipazparalegalorg for assistance]
PARALEGAL - BANKRUPTCY LITIGATION
Position Overview
Under the supervision of one or more lawyer(s) the
Paralegal assists in the delivery of quality efficient
and accessible legal services in the bankruptcy real
estate corporate andor commercial litigation practice
groups
Responsibilities
Draft routine pleadings statements affidavits
andor other legal documentation as appropriate at
the specific direction of attorneys
Prepare initial drafts of legal documents for
bankruptcy proceedings including case captions
and simple pleadings such as claim forms requests
for notice or judicial notice etc
Arrange Court Call appearances communicates
and cooperates with Court clerks on filings and
appearance requirements and interacts with Court
personnel as necessary to serve client needs
Prepare initial drafts of fee applications when
representing estate professionals and oversecured
creditors in bankruptcy cases and in connection
with fee awards in other litigation contexts
including exhibits and declarations in support
Compile documents in connection with appeals
including designations and indexes of the record
district court elections and requests for transcripts
Draft notices of appearance substitutions of
counsel documents pro hac vice applications and
corporate ownership statements
Assist with discovery-related filings including
Bankruptcy Rule 2004 examination applications
notices and orders subpoenas and notice of
servicecompliance
Manage non-judicial trustees sale process
including security instrument review public
record filing review notice drafting service
completion bid compilation sale procedures
communications with interested parties deed upon
sale drafting and all necessary public recording
and filing
Perform ECF filings and review local rules for
pleading forms notice and service requirements
Fulfill duties to deliver court copies courtesy
copies lodged order uploads in pdf or Word and
complies with all local rule requirements
Organize index and track large numbers of
documents including development of information
(Continued on page 39)
DO YOU KNOW OF A PARALEGAL POSITION AT YOUR PLACE OF EMPLOYMENT
If so advise your employer that the APA offers ad space for paralegal jobs to employers free of charge To place a job bank ad or for information on a job send an e-mail to Betsy Wolf at jobbankazparalegalorg
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 39
APA MEMBER JOB BANK
retrieval systems performs all case management
functions
Perform calendaring or docketing of information
as needed
Research and obtain information from various
courts administrative bodies public information
sources etc
Performs electronic research using PACER court
websites Westlaw and Lexis in addition to
Shepardizing and Bluebooking citations
Coordinate efforts with trials and hearings such as
taking notes handling exhibits organizing and
gathering factual information etc
Attend trials or client meetings as needed inside
and outside the office that require face-to-face
contact
Coordinate vendors in conjunction with a project
such as court reporters process servers copy
vendors etc
Track time in DTE and assures that services
provided are properly charged to the client
Track expenses for travel client meetings and
court appearances
Essential Job SpecificationsQualifications
Familiarity with pleading notice and service rules
triggered in Chapter 7 and 11 Bankruptcy Courts
Familiarity with Uniform Commercial Code
enforcement process and procedures
Familiarity with basic corporate formation
practices and procedures
Ability to perform ECF filings
Excellent computer skills including Word Excel
PowerPoint and database applications
Ability to deal professionally with all levels of
clients both internally and externally
Proven ability to solve problems work
independently and tackle projects with minimal
supervision
Ability to be flexible meet deadlines handle
pressure and adapt to changing work priorities
work flow and work assignments
Ability to effectively and respectfully
communicate verbally and in writing with other
staff lawyers management and clients
Ability to organize a large amount of data and files
into an efficient system (both electronic and
hardcopy) for easy filing and retrieval
Ability to maintain confidences as well as build
confidences and trust
Ability to pay close attention to detail
Ability to work overtime up to 10 or more hours
per week
Ability to work off-site at client location(s) for
extended periods of time
Requires the ability to regularly report to work on
the days and times scheduled or alternatively to
work flex hours depending on lawyer and client
needs
Physical Demands
Ability to work in a typical office environment and
lift up to 25 lbs NOTE Reasonable
accommodations may be made to enable
individuals with disabilities to perform the
essential functions
Travel
Ability to travel locally
EducationExperienceCertifications
Bachelors Degree andor Paralegal Certificate
Minimum of two years experience with
bankruptcy and litigation practice(s) at a law firm
Disclaimer
The above statements are intended to describe the
general nature and level of work being performed by
the incumbent in the position They are not intended
to be an exhaustive list of all responsibilities duties
and skills of the employee Duties and responsibilities
may change at any time with or without notice
(Job Bank hellip Continued from page 38)
(Continued on page 40)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 40
How to Apply Please send resume to
lisaspannbryancavecom
Equal Opportunity Employer
LITIGATION PARALEGAL - INSURANCE
DEFENSE
Jones Skelton amp Hochuli is seeking an ambitious
paralegal with 5+ years of experience in general civil
litigation and experience in State and Federal courts
The ideal candidate will have a stable work history
and exceptional communication and organizational
skills We offer a competitive salary and benefits
package and a team-oriented working environment
Please email your resume to Recruitingjshfirmcom
AAEOE
EXPERIENCED LITIGATION PARALEGAL
Dickinson Wright PLLC (Phoenix office) is in need of
a litigation paralegal
Requires a minimum of three yearsrsquo recent experience
in Arizona law
Job Description
Organize and synthesize information through the
preparation of summaries chronologies reports
spreadsheets
Draft and review routine legal documents (eg
privilege logs exhibit lists discovery disclosures
etc)
Assist attorneys on cases by providing
computerized support to help them plan organize
research analyze argue and present their cases in
a more cost and time efficient manner
Provide the day-to-day support of data
management
Assist attorney in trial preparation and set-up of
electronic equipment in the courtroom provides
court assistance as required
Assist with managing cases projects on various
levels and at various stages of the litigation
process
Candidates must have excellent communication skills
for contacting clients experts and other outside
parties have knowledge of state and federal court
rules procedures and e-filing requirements drafting
be self-motivated a team player proficient in MW
Word Outlook 2010 and a working knowledge of
document management systems Relativity and Trial
Director experience is a must
EducationalExperience requirements
Paralegal certificate from ABA school or
certification
We offer a competitive salary and benefits package
and an outstanding work environment All candidates
must submit a cover letter resume and salary history
Please email resumes to
LMandellDickinsonwrightcom
EXPERIENCED FAMILY LAW PARALEGAL
Cantor Law Group an AV-rated six-attorney family
law firm located in downtown Phoenix seeks a sharp
paralegal with at least two years of recent Arizona
family law experience In this position you will work
closely with an associate attorney to manage a case
load of 40+ cases covering a wide range of domestic
relations issues Experience with high-asset andor
DCS cases is a plus Must be a strong writer able to
draft pleadings and correspondence Exceptional
people skills are needed as there is a great deal of
client contact
An attractive compensation and benefits package is
available for the right candidate In addition to a
competitive salary and bonus opportunities we offer
an outstanding benefits package including ten paid
(Job Bank hellip Continued from page 39)
(Continued on page 41)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 41
holidays per year ten days paid vacation days yearly
five days personal paid time off yearly as well as the
availability of medical dental vision and life
insurance A 401K with a very generous employer
match is offered after one year
Requirements
2 years recent Arizona family law experience
Proactive able to handle and direct caseload with
minimal supervision
Attention to detail and excellent follow-up
Excellent analytical capabilities amp writing skills
able to draft substantive motions for attorney
review
Work well as a member of a fast-paced team
Professional appearance demeanor and attitude
Great client relations skills
Excellent computer skills including proficiency in
MS Word and other MS Office applications
Paralegal certification preferred (not required)
Knowledge of Time Matters or other case
management software a plus
Please send resumes to hrdmcantorcom
EXPERIENCED CRIMINAL DEFENSE
PARALEGAL
The Law Offices of David Michael Cantor an AV
rated criminal defense firm in Downtown Phoenix is
seeking an experienced paralegal with felony amp
misdemeanor experience to work closely with our
attorneys Our practice includes the full spectrum of
criminal charges and you will have the opportunity to
work on cases involving drug charges violent crime
sex offenses white collar crime property crime and
DUIs
The job
Proactively manage a substantial caseload without
direct supervision
Prepare and file pleadings according to attorney
instructions
Prepare trial notebooks and handle all trial prep
work
Create high quality correspondence and other
documents with little to no supervision
Maintain professional relationships with law
enforcement and prosecutors
Provide excellent customer service for our clients
Support 1-2 attorneys
We offer
Competitive compensation
Outstanding benefits including medical dental
vision lifeADampD coverage
401K with generous employer match
Paid vacation and sick time
Ten paid holidays per year
You
2+ years of private Arizona defense experience
handling both misdemeanor and felony charges
Familiar with Arizona courts and MVD
Proactive ndash needs little supervision
Great follow-up skills and attention to detail
Excellent writing skills
Professional appearance and behavior
MS Word and other MS Office applications
Keyboard speed 50+ wpm
Reliable
Enjoy being a member of a friendly team of
professionals
Experience with Abacus or other case
management software desirable
Please send resumes to hrdmcantorcom
PARALEGAL
Sentry Insurance is looking for a Paralegal to provide
litigation and administrative support to our Staff
(Job Bank hellip Continued from page 40)
(Continued on page 42)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 42
Counsel operation If you are looking for a career
with great potential choose the company with the
strength and stability to offer it all
What Yoursquoll Do
As the Paralegal yoursquoll assist the attorney staff by
performing legal activities which do not require
attorney signature client advise or appearances in
court In addition yoursquoll
Assist in the preparation of responses to discovery
under direct supervision of an attorney
Perform factual investigations and document
searches
Obtain investigative materials and policy
information
Contact insureds and other witnesses to obtain
factual statements
Coordinate scheduling of litigation activities and
witness appearances
What it Takes
Associate Degree or equivalent work experience
2-5 years of related work experience at least one
year in litigation practice
American Bar Association-Certified Paralegal
Training
Advanced knowledge of case management and
knowledge of and ability to perform legal
research
Experience with resources such as Westlaw and
Lexis
Strong analytical ability and knowledge of
litigation processes
Strong organizational and communication skills
Ability to maintain confidentiality
Strong working knowledge of the Internet
PowerPoint Excel and Word and familiarity with
legal case management software (ProLaw Clio
etc)
Ability to work independently and in multi-
jurisdictional venues
Must be able to meet travel requirements of the
job
What Yoursquoll Receive
We offer an outstanding array of benefits for our
associates including
Competitive Compensation
Group Medical Dental Vision and Life benefits
Generous Paid-Time Off - including Company
Holidays
401k plan with a dollar-for-dollar match on your
first six percent ndash immediate vesting
Access to more than 100 certification designation
and licensing courses
Career advancement opportunities
Why Sentry Insurance
Sentry employees have been helping individuals and
businesses build and protect their futures since 1904
Because of the trust placed in us Sentry is one of the
largest and strongest mutual insurance companies in
the United States and is rated A+ by AM Best the
industrys leading rating authority Sentry offers a full
line of property casualty and life insurance products
to protect businesses cars homes lives and retirement
incomes
So make the right choice - with great potential for
growth an outstanding 401(k) program and a schedule
that offers you a balance between your work and life
choose the company with the strength and stability to
offer it all Choose Sentry Insurance Sentry
Insurance is an Equal Opportunity Employer Apply
online at httpsjobssentrycomsearch119871
FULL-TIME LEGAL SECRETARY ASSISTANT
Mid-sized law office is seeking a self-motivated and
highly organized legal secretary with a minimum of 5
years of experience supporting 2 or more attorneys
Position will support multiple attorneys with case
management assistance calendaring state and federal
court filings formatting correspondence and
(Job Bank hellip Continued from page 41)
(Continued on page 43)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 43
pleadings copying mailing and other clerical duties
Optimal candidate will be able to accept and
implement directives maintain focus in hectic
environment keep attorneys informed of progress at
regular intervals and prioritize multiple projects
Working knowledge of MS Word amp Excel required
Associatersquos degree and background in litigation andor
insurance preferred EEOC Please email reacutesumeacute and
cover letter with salary requirements to
admincdslawfirmcom
EXPERIENCED PLAINTIFFS PERSONAL
INJURY LEGAL ASSISTANT
Small growing fast-paced Central Phoenix Personal
Injury Law Firm seeking full-time Legal Assistant to
join our team
Candidate must have excellent skills and 5 years
experience in a Plaintiffs Personal Injury Law Firm
with an ability to perform in a fast paced environment
Bi-lingual (SpanishEnglish) preferred but not
required Position involves significant interaction with
clients and requires attention to detail Good
organizational skills with a strong work ethic are
essential as is the ability to multi-task
Responsibilities include handling a large pre-litigation
caseload interfacing with attorneys and legal
assistants Must be proficient with MS Word Outlook
and Needles Case Management (preferred but not
necessary) Salary is competitive and DOE
Qualified candidates should e-mail resume with a
cover letter detailing their skills employment history
and salary requirements to
acoronadoblakefirmcom
(Job Bank hellip Continued from page 42)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 44
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
NALA Campus LIVE - Live web seminars are offered in two sessions each year FebruarymdashMay and AugustmdashNovember Each ses-sion features about 30 on-line seminars The audio files and handout material are copyrighted by NALA and the authors They are for personal use only Duplication of any of the material or any commercial use is strictly prohibited
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics httpswwwnalaorgcontinuing-educationwebinars NALA Campus LIVE - Live web semi-nars are offered in two sessions each year FebruarymdashMay and AugustmdashNovember Each session features about 30 on-line seminars The audio files and handout material are copy-righted by NALA and the authors They are for personal use only Dupli-cation of any of the material or any commercial use is strictly prohibited
82217 Music Law and Intellectual Property Rights
82417 So the Plaintiffrsquos on Medicare
82017 The ABCrsquos of Special Education
In addition to the Live Webinars NALA has On-Demand Webinar Courses available httpswwwnalaorgcontinuing-educationon-demand-webinar NALA also has a wide variety of available Self-Study courses as well as the Live Webinars You can access the Self-Study courses here httpswwwnalaorgcontinuing-educationself-study Many of these courses are recommended for preparing for the CP exam
NATIONAL BUSINESS INSTITUTE
wwwnbi-semscom
Live Video Webcasts
httpwwwnbi-semscomDefaultaspxVideo-WebcastsNavigationDataSource1=N63782
OnDemand amp Downloads
httpwwwnbi-semscomContentaspxst=ArizonaampNavigationDataSource1=N63932-63947
8817 Probate Boot Camp
8917 Real Estate Title and Conveyance Handling the Top
Issues
8917 Marijuana Business Legal Considerations
81417 Legal Descriptions Title Insurance and Surveys in Real
Estate Transactions
81517 Advanced Custody and Support Issues
81617 Personal Injury Trials 101
82117 Trusts from Start to Finish
82217 How to Get Your Clients Paid Debt Collection 101
82317 Bankruptcy The Ultimate Guide to Chapter 7 and 13
82817 Conflicts of Interest A Practical Legal Ethics Guide
82917 Using LLCs to Protect Assets
83017 Complex Social Security Law Issues
83017 Dealing With Problem Employees A Legal Response
Guide
And many morehellip
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 45
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
Lorman Live Webinars wwwlormancom You can find many more seminars listed at httpwwwlormancomlive-webinar
ON DEMAND WEBINARS
There are many OnDemand Webinars to choose from also
httpwwwlormancomondemand
8317 Electronic Record Retention Mistakes HR
Professionals Can Avoid
8317 HUD Section 3 Compliance Tips for Governments
8417 Paralegals Guide to Unauthorized Practice of Law
8817 Protecting High-Risk Clientsrsquo Assets Against lawsuits
8817 Tips and Tricks to Improve Your Telephone Attitude
8917 Rules and Guidelines When Dealing With Statute of
Limitations
8917 Utilizing Formulas in Microsoft Excel
81017 Early Retirement Incentives Navigating the Legal
Issues
And many more
Maricopa County Bar Association CLE CALENDAR
httpmcbasite-ymcomeventsevent_listasp
LEXIS NEXIS Paralegal Community
has some good information as well
Check it out at httplawlexisnexiscomcommunityportalarticlesdefaultaspxg=QfsTyLJ1USs=ampc=EZggD7hDKLw=
Arizona Bar Association wwwazbarorgCLE
OnDemand CLE
httpsazbarinreachcecomSearchmediaType=494a95bb-1e05-4c5b-a25f-36ad84bd4c39
82217 State Bar of Arizona Course on Professionalism
82317 Steering Clear of Malpractice Road Bumps
82417 Traffic Offenses
82517 Probate Rule 10(E)(2) Subsequent Training for Court-
Appointed Counsel
83017 A Survey of Family Law
And many more
ALA-ABI wwwali-abaorg
The ALI-ABA site has excellent online CLE courses forms printed books MP3 CDROMs CLE DVDs CLE MP3 Downloads CLE Court Materials and Course Papers
81017 Powers of Attorney Latest Legal Developments
81717 Creating and Maintaining a Paperless Practice
Improve Workflow Increase Efficiency
82317 Hot Topics in Legal Ethics
And many more
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 46
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
Organization for Legal Professionals wwwtheolporgeducation
Online Courses
Litigation Support Project Management
Paralegal Management Certificate Program
Project Management in Electronic Discovery
Computer Technology Skills for Paralegals
Legal amp EDiscovery Project Management Course
Institute of Paralegal Education httpipenbi-semscomContentaspxNavigationDataSource1=N63943 Webcasts amp Webinars httpipenbi-semscomContentaspxNavigationDataSource1=Rpp20NspEventDateSort7c1017c17cN63944-4294952056
Webcasts amp Webinars
8217 Medical records Made Easy for Paralegals
8817 Case Management for Paralegals Managing
Documents Files Calendars and Tasks
81717 A Paralegalrsquos Guide to Divorce Cases
82217 The Paralegalrsquos Guide to Probate
82317 Construction Law 101 for Paralegals
82417 Corporate Minute Books A How-To Guide for
Paralegals
82917 Smartphone Apps and Tricks for Paralegals
83017 Managing the Discovery Process A Paralegalrsquos Guide
91217 Paralegalrsquos Guide to Legal Research and Citation
Management
National Constitution Center wwwconstitutionconferencescom
8817 Legal and binding E-Contracts What Works in a Digital World
82117 Retaliation Claims Protect Clients from EEOC Charges amp Private Suits
West Legal Education wwwwestlegaledcentercom
If you know of any other sources for CLE and would like listings to be placed in this
publication please email Newsletterazparalegalorg
- Front Cover
- Table of Contents
- Board of Directors
- APA Announcements
- APA Member News
- 10 Employer Considerations in Light of Arizonas New Paid Sick Time
- Paralegals strike out on firing claims
- Wearable technology Counting the steps to a defense verdict
- August Webinar
- To Lay or Lie
- Sticky Business Etiquette Questions amp Answers
- September Webinar
- Tucson Paralegal Associations 38th Annual Seminar
- The Verdict
- The Brief
- NewBytes
- APA Job Bank
- Got CLE
-
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 12
What do a rape claim in Pennsylvania a car accident
in Canada and an arson case in Ohio have in
common In each one ldquowearable technologyrdquo was
used as key evidence to prove or disprove the claim
Wearable technology encompasses devices people
wear which contain smart sensors and wirelessly
connect to smartphones through a web or Bluetooth
connection Certain types of wearable technology can
track a userrsquos activity and store the information for an
unlimited amount of time In civil and criminal
litigation fitness trackers and smart watches are
emerging as a potential source of information which
could provide valuable data for the prosecution or
defense of a lawsuit
Criminal case in Pennsylvania
For example when the police in Pennsylvania were
investigating a claim of rape they pulled the data
from the victimrsquos fitness tracker a Fitbit to
substantiate her story The victim claimed she was
sleeping in her home when an intruder entered her
bedroom and raped her However the Fitbit data
showed that the victim took approximately 1000 steps
after the time she claimed to have gone to bed and
prior to calling 911 The investigating officers
believed that the ldquovictimrdquo staged the crime scene
during those extra steps After completing their
investigation the police charged the supposed victim
with tampering with evidence and filing a false report
Personal injury in Canada
When a personal trainer suffered injuries in an
accident fitness trackers were not widespread Four
years after the accident the personal trainerrsquos lawyers
outfitted her with a Fitbit Force to show the plaintiffrsquos
current level of activity The lawyers gave the data to
Vivametric an analytics company and that data was
compared with the activity of the general population
as determined by ldquoindustry and public researchrdquo
Vivametric takes a single personrsquos data compares it to
Fitbitrsquos databank of collected and stored data from
other wearers and determines whether that person falls
above or below the average In this case the lawyers
are hoping the data will support their claim that the
trainerrsquos activity was below average
Property claim in Ohio
In the arson case the claimant told investigators that
when he saw the fire engulfing his home he packed
some belongings in a suitcase broke a window with (Continued on page 13)
Wearable technology
Counting the steps to a defense verdict By Nanci R Schanerman
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 13
his cane and threw items through the window before
carrying them to his car The claimant also told police
that he had a cardiac pacemaker The police were
suspicious of the firersquos origin They retrieved the
claimantrsquos pacemaker data through a search warrant
The data included the claimantrsquos heart rate pace
demand and cardiac rhythms before during and after
the fire A cardiologist determined that it was highly
improbable due to his medical conditions that the
claimant could do all the collecting packing and
removal of items from his house and then carry them
in the short period of time he indicated In addition
gasoline was found on the claimantrsquos clothing and the
fire started in multiple places The investigators stated
the medical data represented some of the ldquokey pieces
of evidencerdquo in the case
How can litigators use wearable technology in
their every day personal injury cases
The first step as with collecting any evidence in
litigation is to engage in discovery Under Florida
law and similarly in other jurisdictions the rules of
civil procedure state that a party can obtain discovery
regarding any matter ldquothat is relevant to the subject
matter of the pending actionrdquo If a party is claiming
they are injured and are no longer as active as they
used to be the data contained on any fitness or
activity tracking device is obviously relevant The
challenge in discovery will be to limit the scope of the
request to avoid the dreaded ldquofishing expeditionrdquo The
typical objections that could arise when requesting
fitness data are that it is burdensome to produce the
data is protected by a right to privacy and the request
is not limited in time or scope
Overcoming objections
It is easy to overcome these objections for the most
part To overcome a burdensome objection the
requestor can provide a protocol for easy download of
the information For example I created a protocol to
download Applersquos fitness data collected by any
iPhone (Yes iPhones are included as wearable
technology and automatically track a userrsquos activity)
or Apple Watch The protocol outlines step by step
how to extract the raw data and takes less than five
minutes
Until there is well established law regarding the
discovery of fitness tracking data the biggest
roadblock to discovery will most likely be objections
based on a userrsquos right to privacy One way to
potentially overcome this objection is to determine
whether the user shares the information with third
parties Most wearable technology contains a social
aspect where a user shares their data with friends or a
team much like social media Therefore law on
discovery of social media information will be
analogous to the collection of fitness tracking data In
Florida the Fourth District Court of Appeal in the
landmark case of Nucci v Target held that
ldquophotographs posted on a social networking site are
neither privileged nor protected by any right of
privacy regardless of any privacy settings that the
user may have establishedBy creating a Facebook
account a user acknowledges that her personal
information would be shared with othersrdquo Similarly
by opting to share fitness data with friends a user
acknowledges that his or her personal information
will be shared with others A second way to
potentially overcome a privacy objection is by
analogizing the fitness data with medical data
contained in medical records A plaintiffrsquos medical
records have long been considered discoverable to
prove a plaintiffrsquos injuries
Admissibility
After discovery of the data the next step is to lay the
foundation for admissibility at trial The foreseeable
challenges to admissibility are most likely going to be
the authentication of the data and the accuracy of the
data There are several ways to authenticate the data
such as questioning the user identifying data unique
to the use of the device like references to a particular
fitness goal or hiring a computer forensic expert
Proving the accuracy of the data will be a bigger
problem For example Apple admits that its heart rate
data is flawed If anything is blocking the LED lights
on the back of the watch which measure the heart rate
such as tattoos or irregular skin perfusion the heart
rate reading will not be accurate Similarly Apple
states on its website that water immersion while
swimming could interfere with accurate heart rate
data Furthermore irregular movements can confuse
(Wearable Technology hellip Continued from page 12)
(Continued on page 14)
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 14
any device Fitbit has also had the accuracy of its heart
rate data questioned in a class action filed in 2016
currently pending in Northern District of California In
the suit consumers from California Colorado and
Wisconsin allege that the heart rate tracking in the
Charge HR and the Surge two products that came to
market in 2015 is inaccurate by a significant
margin especially during periods of intense exercise
Overcoming challenges to accuracy of the data will
surely interfere with its admissibility but it would still
certainly be worth trying to admit overall trends in the
data instead of an exact number of steps walked in a
day or beats per minute of a personrsquos heart
With all of this in mind the challenge will be to find a
plaintiff pursuing a claim who utilizes a fitness
tracker This may become less of a challenge in the
next few years as experts predict fitness trackers and
smart watches will increase in the market by 195
million units by 2020 Furthermore employers and
insurance companies are outfitting people with
wearable technology to reduce risks and work place
injuries Several health insurance companies are
offering discounts to people who utilize this
technology and submit it to show a healthy and active
lifestyle
Wearable technology is constantly evolving and
getting better with each generation It will be
interesting to see what happens when the law catches
up and whether this data will become a regular part of
personal injury litigation much like social media
discovery
Reprinted with permission of the author
Nanci R Schanerman of
(Wearable Technology hellip Continued from page 13)
Mike McCrary Discovery Consultant
mmccraryfronteocom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 15
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 16
Join us on WEDNESDAY August 9 2017 at 1200 PM for this one-hour CLE webinar by Dr Arthur Eckstat ldquoWill That Product Liability Personal Injury Claim Prevailrdquo
What yoursquoll learn
Whether you are the team pursuing a product liability personal injury claim or defending against one the
criteria for prevailing is much the same Yoursquoll learn the criteria for a valid product liability claim and further
examine red flags that can affect your ability to prevail and suggestions on how to manage them
Criteria and Red Flags discussed include but not limited to
This webinar qualifies for 1 hour of CLE credit
Cost $25 for APA members $30 non-members
LAST DAY TO REGISTER FRIDAY AUGUST 4 500 PM
Identifying party(s) responsible Evidence collecting and protecting
How and why did the injury occur Expert witnesses ndash need types roles
What really happened despite story Interrogatories ndash Use and abuse
Likelihood of substantiating negligence Costs of pursuing or defending a claim
Strict Liability criteria for prevailing Contingency fee considerations
Identifying designmanufacturing defect
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 17
Our Speaker
Dr Arthur Eckstat
Engineering Consultant and Expert Witness
Dr Arthur Eckstat has served as an Engineering Consultant amp Expert Witness for over 15 years specializing
in Products Liability Personal Injury matters including wrongful death Art is often approached by plaintiff
attorneys to support what would be an unwinnable claim He created Lawsuit Consultant
(wwwlawsuitsconsultantcom) to help Products Liability Plaintiff Attorneys learn how to choose craft and
conduct winning cases while identifying and avoiding losing or under-performing cases That service
expanded to helping Defense Attorneys and insurance companies learn how to determine the validity of injury
claims Regardless of which side of an injury claim yoursquore representing two primary questions are ldquoHow was
the claimant injuredrdquo and ldquoWhy was the claimant injuredrdquo
Art possesses a Mechanical Engineering degree and an earned Doctorate He took early retirement from the
corporate worlds of Automotive and Aerospace engineering where he received international recognition and
accolades from both internal and external customers for his unique ability to see and explain what others have
missed He has successfully bridged the breach between Academic and Practitioner Art was honored as a
Contributor to Aviation History by Donald Engen Director of the Smithsonian National Air and Space
Museum in a ceremony held at the museum in Washington DC
DEADLINE TO REGISTER August 4 at 500 pm
Premier Designs Jewelry
Kathy Hanchette
Beyond Diva Jewelry
602-264-2230
wwwArizonaCourtReporterscom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 18
A degree above all others
12th Street and Missouri
Phoenix AZ 85014
(602) 212-1445
mbatranscriptazcoxnet
Serving local and national clientele with their
legal and general transcription needs
including civil criminal personal injury
family law as well as assisting in other areas
of law
INTEGRATED MEDICAL EVALUATIONS INC
401 W Baseline Rd Suite 206
Tempe AZ 85283
6023650132
wwwimewestcom
I avoid looking I avoid looking I avoid looking
forward or forward or forward or
backward and backward and backward and
try to keep try to keep try to keep
looking upward looking upward looking upward Charlotte BronteCharlotte BronteCharlotte Bronte
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 19
Many have a problem with lie or lay How do you know when to use which one
Lay (lay laid laying) means ldquoto putrdquo or ldquoto placerdquo Because itrsquos a verb (action word) it requires an object to
complete the meaning
Please lay the groceries on the counter
She laid her resignation letter on the bossrsquos desk
He is always laying his schoolbooks on the kitchen table
Lie (lie lay lain lying) means ldquoto recline rest or stayrdquo or ldquoto take a position of restrdquo Unlike lay which re-
quires it lie cannot take an object
She said she was going to lie on the bed to test the mattress
The pleading was lying on his desk for him to sign
A way to remember the difference is that if you can replace the questionable lie or lay with place (or the correct
version of it) then you need to use the correct version of lay If it doesnrsquot use the correct version of lie
She wanted to (lay or lie) down for a nap Would you say ldquoShe wanted to place down for a naprdquo No So
the proper word would be lie
He (laid or lay) the coffee on his secretaryrsquos desk Is it ldquoHe placed the coffee on his secretaryrsquos deskrdquo Yes
Then laid is correct
Another reminder hint might be if you are going to plAce something then you are going to lAy it but if you
are going to rEst you are going to liE
Thanks to Kathy Sieckman PP PLS-SC ACP of wwwProofthatblogcom for the above
To Lay
or Lie
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 20
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 21
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 22
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 23
Occasionally we all come across
situations in which we wonder
Would Miss Manners approve But
in the digital age of social
networking the etiquette lines can
become even blurrier Following are
some common sticky business
etiquette questions and tips to help
tackle them
Social Media
Should I personalize my LinkedIn requests to
connect with others
Its perfectly fine to use the form letter and in fact
most people do it for convenience even when
connecting with close contacts But if you wish to
connect to someone you havent seen in a while take
the time to personalize the message and explain how
youve met
How do I keep my manager from getting wind of
my job search using LinkedIn
If you consistently have a voice share opinions and
articles and tend to your audience and your network
as a daily routine mdash and not just when youre looking
for work mdash then when its time to find that next career
opportunity none of your activity will look out of the
ordinary But its not smart to immediately update your
LinkedIn profile by adding a large number of new
contacts fleshing out your profile and soliciting
recommendations Adjust your settings so you dont
broadcast activity youre not willing to share Pay
particular attention to the Opportunity Preferences
section under Contact Settings If you say you are
interested in career opportunities you could be
sending a red flag to your manager You can gain
exposure among your peers by joining groups related
to your professional field Many recruiters are
members and scan the roster for potential hires
Contribute to the discussion and establish yourself as a
subject matter expert to catch their interest
Should I friend my boss or coworkers
This is the $64000 question and the feelings of those
on the receiving end may provide the answer (See
Thinking About Friending Your Boss on
Facebook on Page 10 of Business Etiquette The
New Rules in a Digital Age) If you do connect utilize
privacy settings and different friend lists to control
how mdash and with whom mdash you share content Be
sensitive to your professional environment some
industries or companies are much more engaged in
digital networking than others If youre starting a new
job take your cue from others before sending out
friend requests to your new colleagues
Can Facebook postings hurt my job search
A good rule of thumb is to always post prudently If
you dont want your employer to see it get rid of it A
recent survey by our firm revealed that 44 percent of
executives review the Facebook presence of potential
hires Even if your account is just for fun keep it in
check To put your Facebook on a privacy lockdown
click on the drop-down Account menu in the top
right corner and select Privacy Settings Keep in
mind that Facebook may change its privacy features at
(Continued on page 24)
Sticky Business Etiquette Questions amp Answers
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 24
any time and you might not be aware of the changes
when they occur Always assume that anything you
post online may become public
Should I use Facebook at work
Maybe if its for work-related purposes and not just
keeping your friends updated on your weekend
activities Then again maybe not Thirty-eight percent
of chief information officers interviewed by Robert
Half have implemented stricter social networking
policies as these tools have become more prevalent in
the workplace If youre not sure what rules your firm
has in place check with your manager or human
resources representative Your best bet is your own
good judgment Just as you would expect to restrict
personal phone calls or conversation at work you
should limit personal use of social networking
platforms too
Whats the right way to decline a request to
connect with someone
While an automated No thank you could make our
lives easier no response at all might be your best bet
Dont feel pressured to connect with someone you
would rather not form a relationship with and dont
feel the need to explain your decision If you expect
you might run into the individual in person be
prepared in case you are confronted about it Simply
click Ignore especially if the person is a stranger
If someone follows me on Twitter should I
automatically follow him or her back
No because you may end up unfollowing the person
later Before following people check out their feed
bio and previous tweets to get a sense of them or their
organization and determine if youll be interested in
seeing the kind of content they share Although its
considered good etiquette to follow someone back
dont do it indiscriminately Its your feed and you
want to make it valuable to you
Emails and Conference Calls
Uh oh I sent a confidential email to the wrong
person What do I do now
Its not a lost cause and there are a few steps you can
take First try to use the recall function of your email
program But keep in mind that not all applications
offer this option and various factors can affect how
successful it is If this step doesnt solve the problem
you need to limit the impact of your mistake Contact
those who are affected the recipient and possibly the
person to whom you intended to send the message
Explain your error and if you need their help
correcting it You also may need to inform your
manager of the mistake
How responsive should I be to e-mail when Im on
vacation
It depends on whether you want to have a real
vacation If your Out of Office says youre not
checking e-mail on vacation dont check and respond
to messages Doing so changes expectations and
implies youre more accessible than you said youd be
Instead be considerate to others needs while you are
out and list a back-up contact in your Out of Office
auto response
I forgot to attach a file before sending an emailhellip
again How can I avoid this in the future
Slow down Everyone forgets to attach a file from
time to time because theyre in a rush But repeatedly
making this mistake can cause your colleagues to
question your attention to detail Going forward try
attaching your file before you compose your message
This way you can be sure it makes it to the recipient
Just make sure you attach the right file
How can I prevent my colleagues from scheduling
conference calls over lunch
Everyone should have a chance to eat lunch Often
people simply look for an open spot on others
calendars when scheduling a meeting So you might
consider blocking out your lunch hour to ensure you
have time to grab a bite to eat Although it may be
unavoidable to meet during this time on occasion you
might find that this simple step helps you out
Thanks to Robert Half for this information To learn more about
Robert Half visit wwwroberthalfcom
(Sticky Business hellip Continued from page 23)
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 25
3150 N 24th Street
Suite D-104
Phoenix AZ 85016
6022569700
The Nationwide Legal LLC team provides a
broad spectrum of comprehensive legal support
services at an unparalleled level of quality NWL
utilizes state-of-the-art technology to deliver
practical and cost-effective solutions for all of
your legal support service needs wwwNationwideASAPcom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 26
BILLING
BLUNDERS AND
FEE AGREEMENT
ESSENTIALS Speaker
Lynda C Shely
Esq
Ethics Lawyer
Speaker
Consultant
APA WEBINAR
Wednesday September 13 2017
1200-100 pm
COST APA Members $25 (or use your free 2017 webinar coupon) All others $30
This webinar qualifies for 1 hour Ethics CLE credit
Lynda C Shely of The Shely Firm PC Scottsdale Arizona provides ethics advice to over 1500 law firms in Arizona and the
District of Columbia on a variety of topics including conflicts of interest fees and billing trust account procedures lawyer
transitions multi-jurisdictional practice ancillary businesses and ethics requirements for law firm advertisingmarketing She also
assists lawyers in responding to initial Bar charges performs law office risk management reviews and trains law firm staff in
ethics requirements Lynda serves as an expert witness and frequently presents continuing legal education programs around the
country Prior to opening her own firm she was the Director of Lawyer Ethics for the State Bar of Arizona Prior to moving to
Arizona Prior to moving to Arizona Lynda was an intellectual propertyantitrust associate with Morgan Lewis amp Bockius in
Washington DC Lynda received her BA from Franklin amp Marshall College in Lancaster PA and her JD from Catholic
University in Washington DC
Lynda was the 2015-2016 President of the Association of Professional Responsibility Lawyers She serves on several State Bar of
Arizona Committees and as a liaison to the ABA Standing Committee on Ethics and Professional Responsibility She is an
Arizona Delegate in the ABA House of Delegates Lynda has received several awards for her contributions to the legal profession
including the 2007 State Bar of Arizona Member of the Year award the Scottsdale Bar Associationrsquos 2010 Award of Excellence
and the 2015 AWLA Maricopa Chapter Ruth V McGregor award She is a prior chair of the ABA Standing Committee on
Client Protection and a past member of the ABArsquos Professionalism Committee and Center for Professional Responsibility
Conference Planning Committee Lynda was the 2008-2009 President of the Scottsdale Bar Association She has been an adjunct
professor at all three Arizona law schools teaching professional responsibility
LAST DAY TO REGISTER FRIDAY September 8 2017 at 500 PM
Click Here to Register httpazparalegalorgevent-2588123
Ethical and practical considerations for all firms ndash even those that think they do not need to
track hourly time Lynda will review what clauses are mandatory for all fee agreements in Ar-
izona as well as clauses that will help with client communications and expectations Billing
tips will go over the five things to never do in a time entry why block billing is prohibited in
Arizona how to get paid faster and common mistakes made in client invoices
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 27
WOOLSTON amp TARTER PC AUDIT DEFENSE amp TAX LITIGATION
Congratulations to the Arizona
Paralegal Association on 40
successful years of promoting the
paralegal profession
In just about every area of society therersquos nothing more important than ethics
Henry Paulson
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 28
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 29
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 30
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 31
Jason Bagley
Senior Territory Manager
(602) 559-4587
jasonbagleylexisnexiscom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 32
GENDER EQUALITY
The process of voir dire sometimes includes
subtle and not-so-subtle attempts at gender
stacking of jurors to prevent or create bias
toward a plaintiff Other demographic factors
may be more influential but gender is still
important though not necessarily in the way
one would suspect
The accompanying chart based on California New York and Texas cases reported to VerdictSearch depicts
plaintiffsrsquo winning percentages according to the plaintiffrsquos gender and the juryrsquos composition Bias is evident
but it is not dependent on the plaintiffrsquos gender
Any plaintiffrsquos winning percentage is substantially greater when his or her case is heard by a female-
dominated jury rather than a male-dominated jury or a gender-neutral jury The takeaway All other factors
being equal plaintiffs are best served by female jurors The equation flips when it comes to awarding
damages but thatrsquos a topic for another study
Thank you to Verdict Search for this analysis To learn more about VerdictSearch visit
wwwVerdictSearchcom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 33
Vol 13 No 8 August 2017
Fees Increase in One Week
Most filing and service fees will increase on Wednesday August 9 2017 Documents submitted for filing that are received by the Clerks office (file counter by mail or through a filing depository box) on or before August 8 will be subject to the current fees Documents received for filing on and after August 9 will be subject to the new fees Fees are posted on the Clerkrsquos website at httpwwwclerkofcourtmaricopagovfeesasp
Appeal and Cost Bond Info Online
Court rules statutes court orders or other authorities may require posting appeal or cost bonds with the Clerks Office Depending on the type of issue the parties the complexity of the case and other factors years can pass between the bond posting date and resolution of related issues During that time parties attorneys and the courts may overlook issuing a court order releasing the money The Clerks Office holds the funds until a court order directs the Clerk specifically what to do with those funds The Clerkrsquos Office has now posted lists online of bonds posted with the Clerks Office where the need for the bond may have ended and no court order was filed allowing the Clerk to return the money If you or your clients posted an appeal or cost bond in any case it is worth checking if funds are still on hold
Customers can search the online lists by party name or case number A party or their attorney must file a petition with the court requesting an order be issued directing the Clerk to release these funds The Clerks Office will only release money by court order and only as specifically directed in the order For more information about the deposit or release of these funds including specific information the Clerkrsquos Office needs before releasing money see the Clerkrsquos website at httpwwwclerkofcourtmaricopagovrelease_bondsasp The Clerks Office will only assist parties to a case or their attorneys Third-party vendors personal representatives and other non-parties must be named in a court order to obtain detailed information or to receive a payment check
Law Library Resource Center Filings Grow by Leaps and Bounds
Last year the Superior Court in Maricopa County renamed relocated and expanded its self-service center into the Law Library Resource Center (LLRC) The Clerkrsquos Office staffs a filing counter within the downtown Phoenix LLRC to allow customers a one-stop-shop for research drafting and filing court documents Filings within the LLRC have gone up every month since its establishment In January 2017 the file counter handled 406 transactions and nearly doubled that volume by the end of March 2017 with 802 transactions In June the file counter processed more than 1000 transactions Clerk staff at this window can process fee deferral applications adding to customersrsquo onsite convenience For more information about the LLRCrsquos services locations and other details see the Superior Courtrsquos website at httpswwwsuperiorcourtmaricopagovSuperiorCourtLawLibraryResourceCenter
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 34
THANK YOU
Our Charity Raffle Prize Drawing for this beautiful quilt donated by the Emmanuel Lutheran Quilters of Prescott Valley Arizona raised $350
All proceeds have been provided to Feed Hungry Children Program in Prescott Valley Arizona
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 35
Paralegal robot reviews patent documents There is a new software RoboReview that helps patent
lawyers draft applications that are more likely to pass muster with the USPTO It automates paralegal
work bringing more rigor to the task of researching prior art and potentially saving thousands of dollars
on a filing Typically this review is done by humans doing multiple searches To read more visit the
ABA Journal httpwwwabajournalcomnewsarticlepatent_document_robot_legal_review
Paralegal cries after being charged with stealing $12 million from law firm The paralegal was an
office manager for a law firm in downtown Toledo where prosecutors allege she embezzles money from
the firm and from the trust account of a disabled client between 2008 and September 2015 The suit
claims that the paralegal forged signatures and falsified bookkeeping software and other records to steal
from the firm The paralegal cried throughout the bond hearing She has been fired To read more about
this case visit httpwwwtoledobladecomCourts20170712Bond-set-at-100K-for-office-manager-
charged-with-embezzling-1-2Mhtml
Paralegal re-appointed to Florida Bar Section Priscilla Horn Warren a nationally and Florida
certified paralegal will continue to serve on the States Solo and Small Firm Section as their paralegal
representative for 2017-2018 term Warren has continuously served as paralegal liaison with the section
since 1995
Law Firm not liable for paralegal mistake on $15 bn loan A New York Judge found that the firm did
not owe a duty of case to third parties The paralegal had accidentally cancelled the security interest of a
$15 billion loan to General Motors The firm did not represent the lenders and as such did not owe a duty
to third parties JP Morgan Chase acted as lenders and its lawyers also missed the mistake The mistake
was only noticed when GM filed for bankruptcy protection in 2009 To read more visit
httpwwwgloballegalpostcombig-storiesmayer-brown-not-liable-for-paralegal-mistake-on-$15-bn-
loan-73921531
Lawyer and paralegal arrested after being found with meth pipes and other drug paraphernalia
The attorney claimed that the equipment didnt belong to him (my paralegal did it defense) To read
more visit httpwwwarkansasmatterscomnewslocal-newsconway-lawyer-and-paralegal-arrested-on-
drug-possession769588833
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 36
DIAMOND SPONSORS
National Health Finance
ABI Document Support Services
RUBY SPONSORS
Nationwide Legal Inc
Vocational Diagnostics Inc
EMERALD SPONSORS
MBA Legal Transcription
First Legal Network
LexisNexis
Coash amp Coash
Robert E ldquoBobrdquo Underdown The Insurance Archaeologist
Jones Skelton amp Hochuli
THANK YOU TO OUR SPONSORS AT OUR ANNUAL LEGAL CONFERENCE AND 40TH ANNIVERSARY CELEBRATION
Thank you to the individuals and businesses that support the Arizona Paralegal
Association in our efforts to promote and educate the paralegal community by
becoming Legal Seminar Sponsors The assistance of our sponsors has been vital in
bringing educational programs to paralegals across Arizona This Legal Seminar would
not be possible without the help of the sponsors and we hope you will join us in
PEARL SPONSORS
Compex Legal Services Inc
Kathy Hanchette Premier Designs
Robson Forensic
Parasec
Iron Mountain
Litigation Services
Fronteo
The Morton Group
Integrated Medical Evaluations Inc
Elite Medical Experts
Lynn Tofaute Yanbal Jewelry
Griffin amp Associates
Discovia
Woolston amp Tarter PC
Ottmar amp Associates
Ballard Spahr LLP
DTI Global
Thank you to these Northern Arizona sponsors who have generously donated
prizes for the Arizona Paralegal Association drawing
Murphyrsquos Restaurant Prescott Arizona
Susanne Chacon Scentsy 9287108777
Yavapai Title 9284452528
Mangum Pearce Court Reporting 9284451909
Prescott Law group PLC 9284451909
Emmanuel Lutheran Quilters Prescott Valley
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 37
Congratulations to the Arizona Paralegal Association on 40 years
1 East Washington St Suite 2300
Phoenix AZ 85004
602798-5400
wwwballardspahrcom
6024851488
wwwOtmarAssoccom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 38
APA MEMBER JOB BANK
DONrsquoT FORGET TO CHECK OUR ONLINE
JOB BANK FOR UP-TO-DATE JOB LISTINGS
at httpwwwazparalegalorgjobbank
[In order to view the online Job Bank you must login
to our new website (using your email and password)
If you experience any difficulty logging in please
contact membershipazparalegalorg for assistance]
PARALEGAL - BANKRUPTCY LITIGATION
Position Overview
Under the supervision of one or more lawyer(s) the
Paralegal assists in the delivery of quality efficient
and accessible legal services in the bankruptcy real
estate corporate andor commercial litigation practice
groups
Responsibilities
Draft routine pleadings statements affidavits
andor other legal documentation as appropriate at
the specific direction of attorneys
Prepare initial drafts of legal documents for
bankruptcy proceedings including case captions
and simple pleadings such as claim forms requests
for notice or judicial notice etc
Arrange Court Call appearances communicates
and cooperates with Court clerks on filings and
appearance requirements and interacts with Court
personnel as necessary to serve client needs
Prepare initial drafts of fee applications when
representing estate professionals and oversecured
creditors in bankruptcy cases and in connection
with fee awards in other litigation contexts
including exhibits and declarations in support
Compile documents in connection with appeals
including designations and indexes of the record
district court elections and requests for transcripts
Draft notices of appearance substitutions of
counsel documents pro hac vice applications and
corporate ownership statements
Assist with discovery-related filings including
Bankruptcy Rule 2004 examination applications
notices and orders subpoenas and notice of
servicecompliance
Manage non-judicial trustees sale process
including security instrument review public
record filing review notice drafting service
completion bid compilation sale procedures
communications with interested parties deed upon
sale drafting and all necessary public recording
and filing
Perform ECF filings and review local rules for
pleading forms notice and service requirements
Fulfill duties to deliver court copies courtesy
copies lodged order uploads in pdf or Word and
complies with all local rule requirements
Organize index and track large numbers of
documents including development of information
(Continued on page 39)
DO YOU KNOW OF A PARALEGAL POSITION AT YOUR PLACE OF EMPLOYMENT
If so advise your employer that the APA offers ad space for paralegal jobs to employers free of charge To place a job bank ad or for information on a job send an e-mail to Betsy Wolf at jobbankazparalegalorg
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 39
APA MEMBER JOB BANK
retrieval systems performs all case management
functions
Perform calendaring or docketing of information
as needed
Research and obtain information from various
courts administrative bodies public information
sources etc
Performs electronic research using PACER court
websites Westlaw and Lexis in addition to
Shepardizing and Bluebooking citations
Coordinate efforts with trials and hearings such as
taking notes handling exhibits organizing and
gathering factual information etc
Attend trials or client meetings as needed inside
and outside the office that require face-to-face
contact
Coordinate vendors in conjunction with a project
such as court reporters process servers copy
vendors etc
Track time in DTE and assures that services
provided are properly charged to the client
Track expenses for travel client meetings and
court appearances
Essential Job SpecificationsQualifications
Familiarity with pleading notice and service rules
triggered in Chapter 7 and 11 Bankruptcy Courts
Familiarity with Uniform Commercial Code
enforcement process and procedures
Familiarity with basic corporate formation
practices and procedures
Ability to perform ECF filings
Excellent computer skills including Word Excel
PowerPoint and database applications
Ability to deal professionally with all levels of
clients both internally and externally
Proven ability to solve problems work
independently and tackle projects with minimal
supervision
Ability to be flexible meet deadlines handle
pressure and adapt to changing work priorities
work flow and work assignments
Ability to effectively and respectfully
communicate verbally and in writing with other
staff lawyers management and clients
Ability to organize a large amount of data and files
into an efficient system (both electronic and
hardcopy) for easy filing and retrieval
Ability to maintain confidences as well as build
confidences and trust
Ability to pay close attention to detail
Ability to work overtime up to 10 or more hours
per week
Ability to work off-site at client location(s) for
extended periods of time
Requires the ability to regularly report to work on
the days and times scheduled or alternatively to
work flex hours depending on lawyer and client
needs
Physical Demands
Ability to work in a typical office environment and
lift up to 25 lbs NOTE Reasonable
accommodations may be made to enable
individuals with disabilities to perform the
essential functions
Travel
Ability to travel locally
EducationExperienceCertifications
Bachelors Degree andor Paralegal Certificate
Minimum of two years experience with
bankruptcy and litigation practice(s) at a law firm
Disclaimer
The above statements are intended to describe the
general nature and level of work being performed by
the incumbent in the position They are not intended
to be an exhaustive list of all responsibilities duties
and skills of the employee Duties and responsibilities
may change at any time with or without notice
(Job Bank hellip Continued from page 38)
(Continued on page 40)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 40
How to Apply Please send resume to
lisaspannbryancavecom
Equal Opportunity Employer
LITIGATION PARALEGAL - INSURANCE
DEFENSE
Jones Skelton amp Hochuli is seeking an ambitious
paralegal with 5+ years of experience in general civil
litigation and experience in State and Federal courts
The ideal candidate will have a stable work history
and exceptional communication and organizational
skills We offer a competitive salary and benefits
package and a team-oriented working environment
Please email your resume to Recruitingjshfirmcom
AAEOE
EXPERIENCED LITIGATION PARALEGAL
Dickinson Wright PLLC (Phoenix office) is in need of
a litigation paralegal
Requires a minimum of three yearsrsquo recent experience
in Arizona law
Job Description
Organize and synthesize information through the
preparation of summaries chronologies reports
spreadsheets
Draft and review routine legal documents (eg
privilege logs exhibit lists discovery disclosures
etc)
Assist attorneys on cases by providing
computerized support to help them plan organize
research analyze argue and present their cases in
a more cost and time efficient manner
Provide the day-to-day support of data
management
Assist attorney in trial preparation and set-up of
electronic equipment in the courtroom provides
court assistance as required
Assist with managing cases projects on various
levels and at various stages of the litigation
process
Candidates must have excellent communication skills
for contacting clients experts and other outside
parties have knowledge of state and federal court
rules procedures and e-filing requirements drafting
be self-motivated a team player proficient in MW
Word Outlook 2010 and a working knowledge of
document management systems Relativity and Trial
Director experience is a must
EducationalExperience requirements
Paralegal certificate from ABA school or
certification
We offer a competitive salary and benefits package
and an outstanding work environment All candidates
must submit a cover letter resume and salary history
Please email resumes to
LMandellDickinsonwrightcom
EXPERIENCED FAMILY LAW PARALEGAL
Cantor Law Group an AV-rated six-attorney family
law firm located in downtown Phoenix seeks a sharp
paralegal with at least two years of recent Arizona
family law experience In this position you will work
closely with an associate attorney to manage a case
load of 40+ cases covering a wide range of domestic
relations issues Experience with high-asset andor
DCS cases is a plus Must be a strong writer able to
draft pleadings and correspondence Exceptional
people skills are needed as there is a great deal of
client contact
An attractive compensation and benefits package is
available for the right candidate In addition to a
competitive salary and bonus opportunities we offer
an outstanding benefits package including ten paid
(Job Bank hellip Continued from page 39)
(Continued on page 41)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 41
holidays per year ten days paid vacation days yearly
five days personal paid time off yearly as well as the
availability of medical dental vision and life
insurance A 401K with a very generous employer
match is offered after one year
Requirements
2 years recent Arizona family law experience
Proactive able to handle and direct caseload with
minimal supervision
Attention to detail and excellent follow-up
Excellent analytical capabilities amp writing skills
able to draft substantive motions for attorney
review
Work well as a member of a fast-paced team
Professional appearance demeanor and attitude
Great client relations skills
Excellent computer skills including proficiency in
MS Word and other MS Office applications
Paralegal certification preferred (not required)
Knowledge of Time Matters or other case
management software a plus
Please send resumes to hrdmcantorcom
EXPERIENCED CRIMINAL DEFENSE
PARALEGAL
The Law Offices of David Michael Cantor an AV
rated criminal defense firm in Downtown Phoenix is
seeking an experienced paralegal with felony amp
misdemeanor experience to work closely with our
attorneys Our practice includes the full spectrum of
criminal charges and you will have the opportunity to
work on cases involving drug charges violent crime
sex offenses white collar crime property crime and
DUIs
The job
Proactively manage a substantial caseload without
direct supervision
Prepare and file pleadings according to attorney
instructions
Prepare trial notebooks and handle all trial prep
work
Create high quality correspondence and other
documents with little to no supervision
Maintain professional relationships with law
enforcement and prosecutors
Provide excellent customer service for our clients
Support 1-2 attorneys
We offer
Competitive compensation
Outstanding benefits including medical dental
vision lifeADampD coverage
401K with generous employer match
Paid vacation and sick time
Ten paid holidays per year
You
2+ years of private Arizona defense experience
handling both misdemeanor and felony charges
Familiar with Arizona courts and MVD
Proactive ndash needs little supervision
Great follow-up skills and attention to detail
Excellent writing skills
Professional appearance and behavior
MS Word and other MS Office applications
Keyboard speed 50+ wpm
Reliable
Enjoy being a member of a friendly team of
professionals
Experience with Abacus or other case
management software desirable
Please send resumes to hrdmcantorcom
PARALEGAL
Sentry Insurance is looking for a Paralegal to provide
litigation and administrative support to our Staff
(Job Bank hellip Continued from page 40)
(Continued on page 42)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 42
Counsel operation If you are looking for a career
with great potential choose the company with the
strength and stability to offer it all
What Yoursquoll Do
As the Paralegal yoursquoll assist the attorney staff by
performing legal activities which do not require
attorney signature client advise or appearances in
court In addition yoursquoll
Assist in the preparation of responses to discovery
under direct supervision of an attorney
Perform factual investigations and document
searches
Obtain investigative materials and policy
information
Contact insureds and other witnesses to obtain
factual statements
Coordinate scheduling of litigation activities and
witness appearances
What it Takes
Associate Degree or equivalent work experience
2-5 years of related work experience at least one
year in litigation practice
American Bar Association-Certified Paralegal
Training
Advanced knowledge of case management and
knowledge of and ability to perform legal
research
Experience with resources such as Westlaw and
Lexis
Strong analytical ability and knowledge of
litigation processes
Strong organizational and communication skills
Ability to maintain confidentiality
Strong working knowledge of the Internet
PowerPoint Excel and Word and familiarity with
legal case management software (ProLaw Clio
etc)
Ability to work independently and in multi-
jurisdictional venues
Must be able to meet travel requirements of the
job
What Yoursquoll Receive
We offer an outstanding array of benefits for our
associates including
Competitive Compensation
Group Medical Dental Vision and Life benefits
Generous Paid-Time Off - including Company
Holidays
401k plan with a dollar-for-dollar match on your
first six percent ndash immediate vesting
Access to more than 100 certification designation
and licensing courses
Career advancement opportunities
Why Sentry Insurance
Sentry employees have been helping individuals and
businesses build and protect their futures since 1904
Because of the trust placed in us Sentry is one of the
largest and strongest mutual insurance companies in
the United States and is rated A+ by AM Best the
industrys leading rating authority Sentry offers a full
line of property casualty and life insurance products
to protect businesses cars homes lives and retirement
incomes
So make the right choice - with great potential for
growth an outstanding 401(k) program and a schedule
that offers you a balance between your work and life
choose the company with the strength and stability to
offer it all Choose Sentry Insurance Sentry
Insurance is an Equal Opportunity Employer Apply
online at httpsjobssentrycomsearch119871
FULL-TIME LEGAL SECRETARY ASSISTANT
Mid-sized law office is seeking a self-motivated and
highly organized legal secretary with a minimum of 5
years of experience supporting 2 or more attorneys
Position will support multiple attorneys with case
management assistance calendaring state and federal
court filings formatting correspondence and
(Job Bank hellip Continued from page 41)
(Continued on page 43)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 43
pleadings copying mailing and other clerical duties
Optimal candidate will be able to accept and
implement directives maintain focus in hectic
environment keep attorneys informed of progress at
regular intervals and prioritize multiple projects
Working knowledge of MS Word amp Excel required
Associatersquos degree and background in litigation andor
insurance preferred EEOC Please email reacutesumeacute and
cover letter with salary requirements to
admincdslawfirmcom
EXPERIENCED PLAINTIFFS PERSONAL
INJURY LEGAL ASSISTANT
Small growing fast-paced Central Phoenix Personal
Injury Law Firm seeking full-time Legal Assistant to
join our team
Candidate must have excellent skills and 5 years
experience in a Plaintiffs Personal Injury Law Firm
with an ability to perform in a fast paced environment
Bi-lingual (SpanishEnglish) preferred but not
required Position involves significant interaction with
clients and requires attention to detail Good
organizational skills with a strong work ethic are
essential as is the ability to multi-task
Responsibilities include handling a large pre-litigation
caseload interfacing with attorneys and legal
assistants Must be proficient with MS Word Outlook
and Needles Case Management (preferred but not
necessary) Salary is competitive and DOE
Qualified candidates should e-mail resume with a
cover letter detailing their skills employment history
and salary requirements to
acoronadoblakefirmcom
(Job Bank hellip Continued from page 42)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 44
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
NALA Campus LIVE - Live web seminars are offered in two sessions each year FebruarymdashMay and AugustmdashNovember Each ses-sion features about 30 on-line seminars The audio files and handout material are copyrighted by NALA and the authors They are for personal use only Duplication of any of the material or any commercial use is strictly prohibited
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics httpswwwnalaorgcontinuing-educationwebinars NALA Campus LIVE - Live web semi-nars are offered in two sessions each year FebruarymdashMay and AugustmdashNovember Each session features about 30 on-line seminars The audio files and handout material are copy-righted by NALA and the authors They are for personal use only Dupli-cation of any of the material or any commercial use is strictly prohibited
82217 Music Law and Intellectual Property Rights
82417 So the Plaintiffrsquos on Medicare
82017 The ABCrsquos of Special Education
In addition to the Live Webinars NALA has On-Demand Webinar Courses available httpswwwnalaorgcontinuing-educationon-demand-webinar NALA also has a wide variety of available Self-Study courses as well as the Live Webinars You can access the Self-Study courses here httpswwwnalaorgcontinuing-educationself-study Many of these courses are recommended for preparing for the CP exam
NATIONAL BUSINESS INSTITUTE
wwwnbi-semscom
Live Video Webcasts
httpwwwnbi-semscomDefaultaspxVideo-WebcastsNavigationDataSource1=N63782
OnDemand amp Downloads
httpwwwnbi-semscomContentaspxst=ArizonaampNavigationDataSource1=N63932-63947
8817 Probate Boot Camp
8917 Real Estate Title and Conveyance Handling the Top
Issues
8917 Marijuana Business Legal Considerations
81417 Legal Descriptions Title Insurance and Surveys in Real
Estate Transactions
81517 Advanced Custody and Support Issues
81617 Personal Injury Trials 101
82117 Trusts from Start to Finish
82217 How to Get Your Clients Paid Debt Collection 101
82317 Bankruptcy The Ultimate Guide to Chapter 7 and 13
82817 Conflicts of Interest A Practical Legal Ethics Guide
82917 Using LLCs to Protect Assets
83017 Complex Social Security Law Issues
83017 Dealing With Problem Employees A Legal Response
Guide
And many morehellip
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 45
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
Lorman Live Webinars wwwlormancom You can find many more seminars listed at httpwwwlormancomlive-webinar
ON DEMAND WEBINARS
There are many OnDemand Webinars to choose from also
httpwwwlormancomondemand
8317 Electronic Record Retention Mistakes HR
Professionals Can Avoid
8317 HUD Section 3 Compliance Tips for Governments
8417 Paralegals Guide to Unauthorized Practice of Law
8817 Protecting High-Risk Clientsrsquo Assets Against lawsuits
8817 Tips and Tricks to Improve Your Telephone Attitude
8917 Rules and Guidelines When Dealing With Statute of
Limitations
8917 Utilizing Formulas in Microsoft Excel
81017 Early Retirement Incentives Navigating the Legal
Issues
And many more
Maricopa County Bar Association CLE CALENDAR
httpmcbasite-ymcomeventsevent_listasp
LEXIS NEXIS Paralegal Community
has some good information as well
Check it out at httplawlexisnexiscomcommunityportalarticlesdefaultaspxg=QfsTyLJ1USs=ampc=EZggD7hDKLw=
Arizona Bar Association wwwazbarorgCLE
OnDemand CLE
httpsazbarinreachcecomSearchmediaType=494a95bb-1e05-4c5b-a25f-36ad84bd4c39
82217 State Bar of Arizona Course on Professionalism
82317 Steering Clear of Malpractice Road Bumps
82417 Traffic Offenses
82517 Probate Rule 10(E)(2) Subsequent Training for Court-
Appointed Counsel
83017 A Survey of Family Law
And many more
ALA-ABI wwwali-abaorg
The ALI-ABA site has excellent online CLE courses forms printed books MP3 CDROMs CLE DVDs CLE MP3 Downloads CLE Court Materials and Course Papers
81017 Powers of Attorney Latest Legal Developments
81717 Creating and Maintaining a Paperless Practice
Improve Workflow Increase Efficiency
82317 Hot Topics in Legal Ethics
And many more
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 46
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
Organization for Legal Professionals wwwtheolporgeducation
Online Courses
Litigation Support Project Management
Paralegal Management Certificate Program
Project Management in Electronic Discovery
Computer Technology Skills for Paralegals
Legal amp EDiscovery Project Management Course
Institute of Paralegal Education httpipenbi-semscomContentaspxNavigationDataSource1=N63943 Webcasts amp Webinars httpipenbi-semscomContentaspxNavigationDataSource1=Rpp20NspEventDateSort7c1017c17cN63944-4294952056
Webcasts amp Webinars
8217 Medical records Made Easy for Paralegals
8817 Case Management for Paralegals Managing
Documents Files Calendars and Tasks
81717 A Paralegalrsquos Guide to Divorce Cases
82217 The Paralegalrsquos Guide to Probate
82317 Construction Law 101 for Paralegals
82417 Corporate Minute Books A How-To Guide for
Paralegals
82917 Smartphone Apps and Tricks for Paralegals
83017 Managing the Discovery Process A Paralegalrsquos Guide
91217 Paralegalrsquos Guide to Legal Research and Citation
Management
National Constitution Center wwwconstitutionconferencescom
8817 Legal and binding E-Contracts What Works in a Digital World
82117 Retaliation Claims Protect Clients from EEOC Charges amp Private Suits
West Legal Education wwwwestlegaledcentercom
If you know of any other sources for CLE and would like listings to be placed in this
publication please email Newsletterazparalegalorg
- Front Cover
- Table of Contents
- Board of Directors
- APA Announcements
- APA Member News
- 10 Employer Considerations in Light of Arizonas New Paid Sick Time
- Paralegals strike out on firing claims
- Wearable technology Counting the steps to a defense verdict
- August Webinar
- To Lay or Lie
- Sticky Business Etiquette Questions amp Answers
- September Webinar
- Tucson Paralegal Associations 38th Annual Seminar
- The Verdict
- The Brief
- NewBytes
- APA Job Bank
- Got CLE
-
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 13
his cane and threw items through the window before
carrying them to his car The claimant also told police
that he had a cardiac pacemaker The police were
suspicious of the firersquos origin They retrieved the
claimantrsquos pacemaker data through a search warrant
The data included the claimantrsquos heart rate pace
demand and cardiac rhythms before during and after
the fire A cardiologist determined that it was highly
improbable due to his medical conditions that the
claimant could do all the collecting packing and
removal of items from his house and then carry them
in the short period of time he indicated In addition
gasoline was found on the claimantrsquos clothing and the
fire started in multiple places The investigators stated
the medical data represented some of the ldquokey pieces
of evidencerdquo in the case
How can litigators use wearable technology in
their every day personal injury cases
The first step as with collecting any evidence in
litigation is to engage in discovery Under Florida
law and similarly in other jurisdictions the rules of
civil procedure state that a party can obtain discovery
regarding any matter ldquothat is relevant to the subject
matter of the pending actionrdquo If a party is claiming
they are injured and are no longer as active as they
used to be the data contained on any fitness or
activity tracking device is obviously relevant The
challenge in discovery will be to limit the scope of the
request to avoid the dreaded ldquofishing expeditionrdquo The
typical objections that could arise when requesting
fitness data are that it is burdensome to produce the
data is protected by a right to privacy and the request
is not limited in time or scope
Overcoming objections
It is easy to overcome these objections for the most
part To overcome a burdensome objection the
requestor can provide a protocol for easy download of
the information For example I created a protocol to
download Applersquos fitness data collected by any
iPhone (Yes iPhones are included as wearable
technology and automatically track a userrsquos activity)
or Apple Watch The protocol outlines step by step
how to extract the raw data and takes less than five
minutes
Until there is well established law regarding the
discovery of fitness tracking data the biggest
roadblock to discovery will most likely be objections
based on a userrsquos right to privacy One way to
potentially overcome this objection is to determine
whether the user shares the information with third
parties Most wearable technology contains a social
aspect where a user shares their data with friends or a
team much like social media Therefore law on
discovery of social media information will be
analogous to the collection of fitness tracking data In
Florida the Fourth District Court of Appeal in the
landmark case of Nucci v Target held that
ldquophotographs posted on a social networking site are
neither privileged nor protected by any right of
privacy regardless of any privacy settings that the
user may have establishedBy creating a Facebook
account a user acknowledges that her personal
information would be shared with othersrdquo Similarly
by opting to share fitness data with friends a user
acknowledges that his or her personal information
will be shared with others A second way to
potentially overcome a privacy objection is by
analogizing the fitness data with medical data
contained in medical records A plaintiffrsquos medical
records have long been considered discoverable to
prove a plaintiffrsquos injuries
Admissibility
After discovery of the data the next step is to lay the
foundation for admissibility at trial The foreseeable
challenges to admissibility are most likely going to be
the authentication of the data and the accuracy of the
data There are several ways to authenticate the data
such as questioning the user identifying data unique
to the use of the device like references to a particular
fitness goal or hiring a computer forensic expert
Proving the accuracy of the data will be a bigger
problem For example Apple admits that its heart rate
data is flawed If anything is blocking the LED lights
on the back of the watch which measure the heart rate
such as tattoos or irregular skin perfusion the heart
rate reading will not be accurate Similarly Apple
states on its website that water immersion while
swimming could interfere with accurate heart rate
data Furthermore irregular movements can confuse
(Wearable Technology hellip Continued from page 12)
(Continued on page 14)
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 14
any device Fitbit has also had the accuracy of its heart
rate data questioned in a class action filed in 2016
currently pending in Northern District of California In
the suit consumers from California Colorado and
Wisconsin allege that the heart rate tracking in the
Charge HR and the Surge two products that came to
market in 2015 is inaccurate by a significant
margin especially during periods of intense exercise
Overcoming challenges to accuracy of the data will
surely interfere with its admissibility but it would still
certainly be worth trying to admit overall trends in the
data instead of an exact number of steps walked in a
day or beats per minute of a personrsquos heart
With all of this in mind the challenge will be to find a
plaintiff pursuing a claim who utilizes a fitness
tracker This may become less of a challenge in the
next few years as experts predict fitness trackers and
smart watches will increase in the market by 195
million units by 2020 Furthermore employers and
insurance companies are outfitting people with
wearable technology to reduce risks and work place
injuries Several health insurance companies are
offering discounts to people who utilize this
technology and submit it to show a healthy and active
lifestyle
Wearable technology is constantly evolving and
getting better with each generation It will be
interesting to see what happens when the law catches
up and whether this data will become a regular part of
personal injury litigation much like social media
discovery
Reprinted with permission of the author
Nanci R Schanerman of
(Wearable Technology hellip Continued from page 13)
Mike McCrary Discovery Consultant
mmccraryfronteocom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 15
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 16
Join us on WEDNESDAY August 9 2017 at 1200 PM for this one-hour CLE webinar by Dr Arthur Eckstat ldquoWill That Product Liability Personal Injury Claim Prevailrdquo
What yoursquoll learn
Whether you are the team pursuing a product liability personal injury claim or defending against one the
criteria for prevailing is much the same Yoursquoll learn the criteria for a valid product liability claim and further
examine red flags that can affect your ability to prevail and suggestions on how to manage them
Criteria and Red Flags discussed include but not limited to
This webinar qualifies for 1 hour of CLE credit
Cost $25 for APA members $30 non-members
LAST DAY TO REGISTER FRIDAY AUGUST 4 500 PM
Identifying party(s) responsible Evidence collecting and protecting
How and why did the injury occur Expert witnesses ndash need types roles
What really happened despite story Interrogatories ndash Use and abuse
Likelihood of substantiating negligence Costs of pursuing or defending a claim
Strict Liability criteria for prevailing Contingency fee considerations
Identifying designmanufacturing defect
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 17
Our Speaker
Dr Arthur Eckstat
Engineering Consultant and Expert Witness
Dr Arthur Eckstat has served as an Engineering Consultant amp Expert Witness for over 15 years specializing
in Products Liability Personal Injury matters including wrongful death Art is often approached by plaintiff
attorneys to support what would be an unwinnable claim He created Lawsuit Consultant
(wwwlawsuitsconsultantcom) to help Products Liability Plaintiff Attorneys learn how to choose craft and
conduct winning cases while identifying and avoiding losing or under-performing cases That service
expanded to helping Defense Attorneys and insurance companies learn how to determine the validity of injury
claims Regardless of which side of an injury claim yoursquore representing two primary questions are ldquoHow was
the claimant injuredrdquo and ldquoWhy was the claimant injuredrdquo
Art possesses a Mechanical Engineering degree and an earned Doctorate He took early retirement from the
corporate worlds of Automotive and Aerospace engineering where he received international recognition and
accolades from both internal and external customers for his unique ability to see and explain what others have
missed He has successfully bridged the breach between Academic and Practitioner Art was honored as a
Contributor to Aviation History by Donald Engen Director of the Smithsonian National Air and Space
Museum in a ceremony held at the museum in Washington DC
DEADLINE TO REGISTER August 4 at 500 pm
Premier Designs Jewelry
Kathy Hanchette
Beyond Diva Jewelry
602-264-2230
wwwArizonaCourtReporterscom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 18
A degree above all others
12th Street and Missouri
Phoenix AZ 85014
(602) 212-1445
mbatranscriptazcoxnet
Serving local and national clientele with their
legal and general transcription needs
including civil criminal personal injury
family law as well as assisting in other areas
of law
INTEGRATED MEDICAL EVALUATIONS INC
401 W Baseline Rd Suite 206
Tempe AZ 85283
6023650132
wwwimewestcom
I avoid looking I avoid looking I avoid looking
forward or forward or forward or
backward and backward and backward and
try to keep try to keep try to keep
looking upward looking upward looking upward Charlotte BronteCharlotte BronteCharlotte Bronte
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 19
Many have a problem with lie or lay How do you know when to use which one
Lay (lay laid laying) means ldquoto putrdquo or ldquoto placerdquo Because itrsquos a verb (action word) it requires an object to
complete the meaning
Please lay the groceries on the counter
She laid her resignation letter on the bossrsquos desk
He is always laying his schoolbooks on the kitchen table
Lie (lie lay lain lying) means ldquoto recline rest or stayrdquo or ldquoto take a position of restrdquo Unlike lay which re-
quires it lie cannot take an object
She said she was going to lie on the bed to test the mattress
The pleading was lying on his desk for him to sign
A way to remember the difference is that if you can replace the questionable lie or lay with place (or the correct
version of it) then you need to use the correct version of lay If it doesnrsquot use the correct version of lie
She wanted to (lay or lie) down for a nap Would you say ldquoShe wanted to place down for a naprdquo No So
the proper word would be lie
He (laid or lay) the coffee on his secretaryrsquos desk Is it ldquoHe placed the coffee on his secretaryrsquos deskrdquo Yes
Then laid is correct
Another reminder hint might be if you are going to plAce something then you are going to lAy it but if you
are going to rEst you are going to liE
Thanks to Kathy Sieckman PP PLS-SC ACP of wwwProofthatblogcom for the above
To Lay
or Lie
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 20
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 21
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 22
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 23
Occasionally we all come across
situations in which we wonder
Would Miss Manners approve But
in the digital age of social
networking the etiquette lines can
become even blurrier Following are
some common sticky business
etiquette questions and tips to help
tackle them
Social Media
Should I personalize my LinkedIn requests to
connect with others
Its perfectly fine to use the form letter and in fact
most people do it for convenience even when
connecting with close contacts But if you wish to
connect to someone you havent seen in a while take
the time to personalize the message and explain how
youve met
How do I keep my manager from getting wind of
my job search using LinkedIn
If you consistently have a voice share opinions and
articles and tend to your audience and your network
as a daily routine mdash and not just when youre looking
for work mdash then when its time to find that next career
opportunity none of your activity will look out of the
ordinary But its not smart to immediately update your
LinkedIn profile by adding a large number of new
contacts fleshing out your profile and soliciting
recommendations Adjust your settings so you dont
broadcast activity youre not willing to share Pay
particular attention to the Opportunity Preferences
section under Contact Settings If you say you are
interested in career opportunities you could be
sending a red flag to your manager You can gain
exposure among your peers by joining groups related
to your professional field Many recruiters are
members and scan the roster for potential hires
Contribute to the discussion and establish yourself as a
subject matter expert to catch their interest
Should I friend my boss or coworkers
This is the $64000 question and the feelings of those
on the receiving end may provide the answer (See
Thinking About Friending Your Boss on
Facebook on Page 10 of Business Etiquette The
New Rules in a Digital Age) If you do connect utilize
privacy settings and different friend lists to control
how mdash and with whom mdash you share content Be
sensitive to your professional environment some
industries or companies are much more engaged in
digital networking than others If youre starting a new
job take your cue from others before sending out
friend requests to your new colleagues
Can Facebook postings hurt my job search
A good rule of thumb is to always post prudently If
you dont want your employer to see it get rid of it A
recent survey by our firm revealed that 44 percent of
executives review the Facebook presence of potential
hires Even if your account is just for fun keep it in
check To put your Facebook on a privacy lockdown
click on the drop-down Account menu in the top
right corner and select Privacy Settings Keep in
mind that Facebook may change its privacy features at
(Continued on page 24)
Sticky Business Etiquette Questions amp Answers
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 24
any time and you might not be aware of the changes
when they occur Always assume that anything you
post online may become public
Should I use Facebook at work
Maybe if its for work-related purposes and not just
keeping your friends updated on your weekend
activities Then again maybe not Thirty-eight percent
of chief information officers interviewed by Robert
Half have implemented stricter social networking
policies as these tools have become more prevalent in
the workplace If youre not sure what rules your firm
has in place check with your manager or human
resources representative Your best bet is your own
good judgment Just as you would expect to restrict
personal phone calls or conversation at work you
should limit personal use of social networking
platforms too
Whats the right way to decline a request to
connect with someone
While an automated No thank you could make our
lives easier no response at all might be your best bet
Dont feel pressured to connect with someone you
would rather not form a relationship with and dont
feel the need to explain your decision If you expect
you might run into the individual in person be
prepared in case you are confronted about it Simply
click Ignore especially if the person is a stranger
If someone follows me on Twitter should I
automatically follow him or her back
No because you may end up unfollowing the person
later Before following people check out their feed
bio and previous tweets to get a sense of them or their
organization and determine if youll be interested in
seeing the kind of content they share Although its
considered good etiquette to follow someone back
dont do it indiscriminately Its your feed and you
want to make it valuable to you
Emails and Conference Calls
Uh oh I sent a confidential email to the wrong
person What do I do now
Its not a lost cause and there are a few steps you can
take First try to use the recall function of your email
program But keep in mind that not all applications
offer this option and various factors can affect how
successful it is If this step doesnt solve the problem
you need to limit the impact of your mistake Contact
those who are affected the recipient and possibly the
person to whom you intended to send the message
Explain your error and if you need their help
correcting it You also may need to inform your
manager of the mistake
How responsive should I be to e-mail when Im on
vacation
It depends on whether you want to have a real
vacation If your Out of Office says youre not
checking e-mail on vacation dont check and respond
to messages Doing so changes expectations and
implies youre more accessible than you said youd be
Instead be considerate to others needs while you are
out and list a back-up contact in your Out of Office
auto response
I forgot to attach a file before sending an emailhellip
again How can I avoid this in the future
Slow down Everyone forgets to attach a file from
time to time because theyre in a rush But repeatedly
making this mistake can cause your colleagues to
question your attention to detail Going forward try
attaching your file before you compose your message
This way you can be sure it makes it to the recipient
Just make sure you attach the right file
How can I prevent my colleagues from scheduling
conference calls over lunch
Everyone should have a chance to eat lunch Often
people simply look for an open spot on others
calendars when scheduling a meeting So you might
consider blocking out your lunch hour to ensure you
have time to grab a bite to eat Although it may be
unavoidable to meet during this time on occasion you
might find that this simple step helps you out
Thanks to Robert Half for this information To learn more about
Robert Half visit wwwroberthalfcom
(Sticky Business hellip Continued from page 23)
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 25
3150 N 24th Street
Suite D-104
Phoenix AZ 85016
6022569700
The Nationwide Legal LLC team provides a
broad spectrum of comprehensive legal support
services at an unparalleled level of quality NWL
utilizes state-of-the-art technology to deliver
practical and cost-effective solutions for all of
your legal support service needs wwwNationwideASAPcom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 26
BILLING
BLUNDERS AND
FEE AGREEMENT
ESSENTIALS Speaker
Lynda C Shely
Esq
Ethics Lawyer
Speaker
Consultant
APA WEBINAR
Wednesday September 13 2017
1200-100 pm
COST APA Members $25 (or use your free 2017 webinar coupon) All others $30
This webinar qualifies for 1 hour Ethics CLE credit
Lynda C Shely of The Shely Firm PC Scottsdale Arizona provides ethics advice to over 1500 law firms in Arizona and the
District of Columbia on a variety of topics including conflicts of interest fees and billing trust account procedures lawyer
transitions multi-jurisdictional practice ancillary businesses and ethics requirements for law firm advertisingmarketing She also
assists lawyers in responding to initial Bar charges performs law office risk management reviews and trains law firm staff in
ethics requirements Lynda serves as an expert witness and frequently presents continuing legal education programs around the
country Prior to opening her own firm she was the Director of Lawyer Ethics for the State Bar of Arizona Prior to moving to
Arizona Prior to moving to Arizona Lynda was an intellectual propertyantitrust associate with Morgan Lewis amp Bockius in
Washington DC Lynda received her BA from Franklin amp Marshall College in Lancaster PA and her JD from Catholic
University in Washington DC
Lynda was the 2015-2016 President of the Association of Professional Responsibility Lawyers She serves on several State Bar of
Arizona Committees and as a liaison to the ABA Standing Committee on Ethics and Professional Responsibility She is an
Arizona Delegate in the ABA House of Delegates Lynda has received several awards for her contributions to the legal profession
including the 2007 State Bar of Arizona Member of the Year award the Scottsdale Bar Associationrsquos 2010 Award of Excellence
and the 2015 AWLA Maricopa Chapter Ruth V McGregor award She is a prior chair of the ABA Standing Committee on
Client Protection and a past member of the ABArsquos Professionalism Committee and Center for Professional Responsibility
Conference Planning Committee Lynda was the 2008-2009 President of the Scottsdale Bar Association She has been an adjunct
professor at all three Arizona law schools teaching professional responsibility
LAST DAY TO REGISTER FRIDAY September 8 2017 at 500 PM
Click Here to Register httpazparalegalorgevent-2588123
Ethical and practical considerations for all firms ndash even those that think they do not need to
track hourly time Lynda will review what clauses are mandatory for all fee agreements in Ar-
izona as well as clauses that will help with client communications and expectations Billing
tips will go over the five things to never do in a time entry why block billing is prohibited in
Arizona how to get paid faster and common mistakes made in client invoices
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 27
WOOLSTON amp TARTER PC AUDIT DEFENSE amp TAX LITIGATION
Congratulations to the Arizona
Paralegal Association on 40
successful years of promoting the
paralegal profession
In just about every area of society therersquos nothing more important than ethics
Henry Paulson
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 28
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 29
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 30
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 31
Jason Bagley
Senior Territory Manager
(602) 559-4587
jasonbagleylexisnexiscom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 32
GENDER EQUALITY
The process of voir dire sometimes includes
subtle and not-so-subtle attempts at gender
stacking of jurors to prevent or create bias
toward a plaintiff Other demographic factors
may be more influential but gender is still
important though not necessarily in the way
one would suspect
The accompanying chart based on California New York and Texas cases reported to VerdictSearch depicts
plaintiffsrsquo winning percentages according to the plaintiffrsquos gender and the juryrsquos composition Bias is evident
but it is not dependent on the plaintiffrsquos gender
Any plaintiffrsquos winning percentage is substantially greater when his or her case is heard by a female-
dominated jury rather than a male-dominated jury or a gender-neutral jury The takeaway All other factors
being equal plaintiffs are best served by female jurors The equation flips when it comes to awarding
damages but thatrsquos a topic for another study
Thank you to Verdict Search for this analysis To learn more about VerdictSearch visit
wwwVerdictSearchcom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 33
Vol 13 No 8 August 2017
Fees Increase in One Week
Most filing and service fees will increase on Wednesday August 9 2017 Documents submitted for filing that are received by the Clerks office (file counter by mail or through a filing depository box) on or before August 8 will be subject to the current fees Documents received for filing on and after August 9 will be subject to the new fees Fees are posted on the Clerkrsquos website at httpwwwclerkofcourtmaricopagovfeesasp
Appeal and Cost Bond Info Online
Court rules statutes court orders or other authorities may require posting appeal or cost bonds with the Clerks Office Depending on the type of issue the parties the complexity of the case and other factors years can pass between the bond posting date and resolution of related issues During that time parties attorneys and the courts may overlook issuing a court order releasing the money The Clerks Office holds the funds until a court order directs the Clerk specifically what to do with those funds The Clerkrsquos Office has now posted lists online of bonds posted with the Clerks Office where the need for the bond may have ended and no court order was filed allowing the Clerk to return the money If you or your clients posted an appeal or cost bond in any case it is worth checking if funds are still on hold
Customers can search the online lists by party name or case number A party or their attorney must file a petition with the court requesting an order be issued directing the Clerk to release these funds The Clerks Office will only release money by court order and only as specifically directed in the order For more information about the deposit or release of these funds including specific information the Clerkrsquos Office needs before releasing money see the Clerkrsquos website at httpwwwclerkofcourtmaricopagovrelease_bondsasp The Clerks Office will only assist parties to a case or their attorneys Third-party vendors personal representatives and other non-parties must be named in a court order to obtain detailed information or to receive a payment check
Law Library Resource Center Filings Grow by Leaps and Bounds
Last year the Superior Court in Maricopa County renamed relocated and expanded its self-service center into the Law Library Resource Center (LLRC) The Clerkrsquos Office staffs a filing counter within the downtown Phoenix LLRC to allow customers a one-stop-shop for research drafting and filing court documents Filings within the LLRC have gone up every month since its establishment In January 2017 the file counter handled 406 transactions and nearly doubled that volume by the end of March 2017 with 802 transactions In June the file counter processed more than 1000 transactions Clerk staff at this window can process fee deferral applications adding to customersrsquo onsite convenience For more information about the LLRCrsquos services locations and other details see the Superior Courtrsquos website at httpswwwsuperiorcourtmaricopagovSuperiorCourtLawLibraryResourceCenter
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 34
THANK YOU
Our Charity Raffle Prize Drawing for this beautiful quilt donated by the Emmanuel Lutheran Quilters of Prescott Valley Arizona raised $350
All proceeds have been provided to Feed Hungry Children Program in Prescott Valley Arizona
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 35
Paralegal robot reviews patent documents There is a new software RoboReview that helps patent
lawyers draft applications that are more likely to pass muster with the USPTO It automates paralegal
work bringing more rigor to the task of researching prior art and potentially saving thousands of dollars
on a filing Typically this review is done by humans doing multiple searches To read more visit the
ABA Journal httpwwwabajournalcomnewsarticlepatent_document_robot_legal_review
Paralegal cries after being charged with stealing $12 million from law firm The paralegal was an
office manager for a law firm in downtown Toledo where prosecutors allege she embezzles money from
the firm and from the trust account of a disabled client between 2008 and September 2015 The suit
claims that the paralegal forged signatures and falsified bookkeeping software and other records to steal
from the firm The paralegal cried throughout the bond hearing She has been fired To read more about
this case visit httpwwwtoledobladecomCourts20170712Bond-set-at-100K-for-office-manager-
charged-with-embezzling-1-2Mhtml
Paralegal re-appointed to Florida Bar Section Priscilla Horn Warren a nationally and Florida
certified paralegal will continue to serve on the States Solo and Small Firm Section as their paralegal
representative for 2017-2018 term Warren has continuously served as paralegal liaison with the section
since 1995
Law Firm not liable for paralegal mistake on $15 bn loan A New York Judge found that the firm did
not owe a duty of case to third parties The paralegal had accidentally cancelled the security interest of a
$15 billion loan to General Motors The firm did not represent the lenders and as such did not owe a duty
to third parties JP Morgan Chase acted as lenders and its lawyers also missed the mistake The mistake
was only noticed when GM filed for bankruptcy protection in 2009 To read more visit
httpwwwgloballegalpostcombig-storiesmayer-brown-not-liable-for-paralegal-mistake-on-$15-bn-
loan-73921531
Lawyer and paralegal arrested after being found with meth pipes and other drug paraphernalia
The attorney claimed that the equipment didnt belong to him (my paralegal did it defense) To read
more visit httpwwwarkansasmatterscomnewslocal-newsconway-lawyer-and-paralegal-arrested-on-
drug-possession769588833
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 36
DIAMOND SPONSORS
National Health Finance
ABI Document Support Services
RUBY SPONSORS
Nationwide Legal Inc
Vocational Diagnostics Inc
EMERALD SPONSORS
MBA Legal Transcription
First Legal Network
LexisNexis
Coash amp Coash
Robert E ldquoBobrdquo Underdown The Insurance Archaeologist
Jones Skelton amp Hochuli
THANK YOU TO OUR SPONSORS AT OUR ANNUAL LEGAL CONFERENCE AND 40TH ANNIVERSARY CELEBRATION
Thank you to the individuals and businesses that support the Arizona Paralegal
Association in our efforts to promote and educate the paralegal community by
becoming Legal Seminar Sponsors The assistance of our sponsors has been vital in
bringing educational programs to paralegals across Arizona This Legal Seminar would
not be possible without the help of the sponsors and we hope you will join us in
PEARL SPONSORS
Compex Legal Services Inc
Kathy Hanchette Premier Designs
Robson Forensic
Parasec
Iron Mountain
Litigation Services
Fronteo
The Morton Group
Integrated Medical Evaluations Inc
Elite Medical Experts
Lynn Tofaute Yanbal Jewelry
Griffin amp Associates
Discovia
Woolston amp Tarter PC
Ottmar amp Associates
Ballard Spahr LLP
DTI Global
Thank you to these Northern Arizona sponsors who have generously donated
prizes for the Arizona Paralegal Association drawing
Murphyrsquos Restaurant Prescott Arizona
Susanne Chacon Scentsy 9287108777
Yavapai Title 9284452528
Mangum Pearce Court Reporting 9284451909
Prescott Law group PLC 9284451909
Emmanuel Lutheran Quilters Prescott Valley
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 37
Congratulations to the Arizona Paralegal Association on 40 years
1 East Washington St Suite 2300
Phoenix AZ 85004
602798-5400
wwwballardspahrcom
6024851488
wwwOtmarAssoccom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 38
APA MEMBER JOB BANK
DONrsquoT FORGET TO CHECK OUR ONLINE
JOB BANK FOR UP-TO-DATE JOB LISTINGS
at httpwwwazparalegalorgjobbank
[In order to view the online Job Bank you must login
to our new website (using your email and password)
If you experience any difficulty logging in please
contact membershipazparalegalorg for assistance]
PARALEGAL - BANKRUPTCY LITIGATION
Position Overview
Under the supervision of one or more lawyer(s) the
Paralegal assists in the delivery of quality efficient
and accessible legal services in the bankruptcy real
estate corporate andor commercial litigation practice
groups
Responsibilities
Draft routine pleadings statements affidavits
andor other legal documentation as appropriate at
the specific direction of attorneys
Prepare initial drafts of legal documents for
bankruptcy proceedings including case captions
and simple pleadings such as claim forms requests
for notice or judicial notice etc
Arrange Court Call appearances communicates
and cooperates with Court clerks on filings and
appearance requirements and interacts with Court
personnel as necessary to serve client needs
Prepare initial drafts of fee applications when
representing estate professionals and oversecured
creditors in bankruptcy cases and in connection
with fee awards in other litigation contexts
including exhibits and declarations in support
Compile documents in connection with appeals
including designations and indexes of the record
district court elections and requests for transcripts
Draft notices of appearance substitutions of
counsel documents pro hac vice applications and
corporate ownership statements
Assist with discovery-related filings including
Bankruptcy Rule 2004 examination applications
notices and orders subpoenas and notice of
servicecompliance
Manage non-judicial trustees sale process
including security instrument review public
record filing review notice drafting service
completion bid compilation sale procedures
communications with interested parties deed upon
sale drafting and all necessary public recording
and filing
Perform ECF filings and review local rules for
pleading forms notice and service requirements
Fulfill duties to deliver court copies courtesy
copies lodged order uploads in pdf or Word and
complies with all local rule requirements
Organize index and track large numbers of
documents including development of information
(Continued on page 39)
DO YOU KNOW OF A PARALEGAL POSITION AT YOUR PLACE OF EMPLOYMENT
If so advise your employer that the APA offers ad space for paralegal jobs to employers free of charge To place a job bank ad or for information on a job send an e-mail to Betsy Wolf at jobbankazparalegalorg
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 39
APA MEMBER JOB BANK
retrieval systems performs all case management
functions
Perform calendaring or docketing of information
as needed
Research and obtain information from various
courts administrative bodies public information
sources etc
Performs electronic research using PACER court
websites Westlaw and Lexis in addition to
Shepardizing and Bluebooking citations
Coordinate efforts with trials and hearings such as
taking notes handling exhibits organizing and
gathering factual information etc
Attend trials or client meetings as needed inside
and outside the office that require face-to-face
contact
Coordinate vendors in conjunction with a project
such as court reporters process servers copy
vendors etc
Track time in DTE and assures that services
provided are properly charged to the client
Track expenses for travel client meetings and
court appearances
Essential Job SpecificationsQualifications
Familiarity with pleading notice and service rules
triggered in Chapter 7 and 11 Bankruptcy Courts
Familiarity with Uniform Commercial Code
enforcement process and procedures
Familiarity with basic corporate formation
practices and procedures
Ability to perform ECF filings
Excellent computer skills including Word Excel
PowerPoint and database applications
Ability to deal professionally with all levels of
clients both internally and externally
Proven ability to solve problems work
independently and tackle projects with minimal
supervision
Ability to be flexible meet deadlines handle
pressure and adapt to changing work priorities
work flow and work assignments
Ability to effectively and respectfully
communicate verbally and in writing with other
staff lawyers management and clients
Ability to organize a large amount of data and files
into an efficient system (both electronic and
hardcopy) for easy filing and retrieval
Ability to maintain confidences as well as build
confidences and trust
Ability to pay close attention to detail
Ability to work overtime up to 10 or more hours
per week
Ability to work off-site at client location(s) for
extended periods of time
Requires the ability to regularly report to work on
the days and times scheduled or alternatively to
work flex hours depending on lawyer and client
needs
Physical Demands
Ability to work in a typical office environment and
lift up to 25 lbs NOTE Reasonable
accommodations may be made to enable
individuals with disabilities to perform the
essential functions
Travel
Ability to travel locally
EducationExperienceCertifications
Bachelors Degree andor Paralegal Certificate
Minimum of two years experience with
bankruptcy and litigation practice(s) at a law firm
Disclaimer
The above statements are intended to describe the
general nature and level of work being performed by
the incumbent in the position They are not intended
to be an exhaustive list of all responsibilities duties
and skills of the employee Duties and responsibilities
may change at any time with or without notice
(Job Bank hellip Continued from page 38)
(Continued on page 40)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 40
How to Apply Please send resume to
lisaspannbryancavecom
Equal Opportunity Employer
LITIGATION PARALEGAL - INSURANCE
DEFENSE
Jones Skelton amp Hochuli is seeking an ambitious
paralegal with 5+ years of experience in general civil
litigation and experience in State and Federal courts
The ideal candidate will have a stable work history
and exceptional communication and organizational
skills We offer a competitive salary and benefits
package and a team-oriented working environment
Please email your resume to Recruitingjshfirmcom
AAEOE
EXPERIENCED LITIGATION PARALEGAL
Dickinson Wright PLLC (Phoenix office) is in need of
a litigation paralegal
Requires a minimum of three yearsrsquo recent experience
in Arizona law
Job Description
Organize and synthesize information through the
preparation of summaries chronologies reports
spreadsheets
Draft and review routine legal documents (eg
privilege logs exhibit lists discovery disclosures
etc)
Assist attorneys on cases by providing
computerized support to help them plan organize
research analyze argue and present their cases in
a more cost and time efficient manner
Provide the day-to-day support of data
management
Assist attorney in trial preparation and set-up of
electronic equipment in the courtroom provides
court assistance as required
Assist with managing cases projects on various
levels and at various stages of the litigation
process
Candidates must have excellent communication skills
for contacting clients experts and other outside
parties have knowledge of state and federal court
rules procedures and e-filing requirements drafting
be self-motivated a team player proficient in MW
Word Outlook 2010 and a working knowledge of
document management systems Relativity and Trial
Director experience is a must
EducationalExperience requirements
Paralegal certificate from ABA school or
certification
We offer a competitive salary and benefits package
and an outstanding work environment All candidates
must submit a cover letter resume and salary history
Please email resumes to
LMandellDickinsonwrightcom
EXPERIENCED FAMILY LAW PARALEGAL
Cantor Law Group an AV-rated six-attorney family
law firm located in downtown Phoenix seeks a sharp
paralegal with at least two years of recent Arizona
family law experience In this position you will work
closely with an associate attorney to manage a case
load of 40+ cases covering a wide range of domestic
relations issues Experience with high-asset andor
DCS cases is a plus Must be a strong writer able to
draft pleadings and correspondence Exceptional
people skills are needed as there is a great deal of
client contact
An attractive compensation and benefits package is
available for the right candidate In addition to a
competitive salary and bonus opportunities we offer
an outstanding benefits package including ten paid
(Job Bank hellip Continued from page 39)
(Continued on page 41)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 41
holidays per year ten days paid vacation days yearly
five days personal paid time off yearly as well as the
availability of medical dental vision and life
insurance A 401K with a very generous employer
match is offered after one year
Requirements
2 years recent Arizona family law experience
Proactive able to handle and direct caseload with
minimal supervision
Attention to detail and excellent follow-up
Excellent analytical capabilities amp writing skills
able to draft substantive motions for attorney
review
Work well as a member of a fast-paced team
Professional appearance demeanor and attitude
Great client relations skills
Excellent computer skills including proficiency in
MS Word and other MS Office applications
Paralegal certification preferred (not required)
Knowledge of Time Matters or other case
management software a plus
Please send resumes to hrdmcantorcom
EXPERIENCED CRIMINAL DEFENSE
PARALEGAL
The Law Offices of David Michael Cantor an AV
rated criminal defense firm in Downtown Phoenix is
seeking an experienced paralegal with felony amp
misdemeanor experience to work closely with our
attorneys Our practice includes the full spectrum of
criminal charges and you will have the opportunity to
work on cases involving drug charges violent crime
sex offenses white collar crime property crime and
DUIs
The job
Proactively manage a substantial caseload without
direct supervision
Prepare and file pleadings according to attorney
instructions
Prepare trial notebooks and handle all trial prep
work
Create high quality correspondence and other
documents with little to no supervision
Maintain professional relationships with law
enforcement and prosecutors
Provide excellent customer service for our clients
Support 1-2 attorneys
We offer
Competitive compensation
Outstanding benefits including medical dental
vision lifeADampD coverage
401K with generous employer match
Paid vacation and sick time
Ten paid holidays per year
You
2+ years of private Arizona defense experience
handling both misdemeanor and felony charges
Familiar with Arizona courts and MVD
Proactive ndash needs little supervision
Great follow-up skills and attention to detail
Excellent writing skills
Professional appearance and behavior
MS Word and other MS Office applications
Keyboard speed 50+ wpm
Reliable
Enjoy being a member of a friendly team of
professionals
Experience with Abacus or other case
management software desirable
Please send resumes to hrdmcantorcom
PARALEGAL
Sentry Insurance is looking for a Paralegal to provide
litigation and administrative support to our Staff
(Job Bank hellip Continued from page 40)
(Continued on page 42)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 42
Counsel operation If you are looking for a career
with great potential choose the company with the
strength and stability to offer it all
What Yoursquoll Do
As the Paralegal yoursquoll assist the attorney staff by
performing legal activities which do not require
attorney signature client advise or appearances in
court In addition yoursquoll
Assist in the preparation of responses to discovery
under direct supervision of an attorney
Perform factual investigations and document
searches
Obtain investigative materials and policy
information
Contact insureds and other witnesses to obtain
factual statements
Coordinate scheduling of litigation activities and
witness appearances
What it Takes
Associate Degree or equivalent work experience
2-5 years of related work experience at least one
year in litigation practice
American Bar Association-Certified Paralegal
Training
Advanced knowledge of case management and
knowledge of and ability to perform legal
research
Experience with resources such as Westlaw and
Lexis
Strong analytical ability and knowledge of
litigation processes
Strong organizational and communication skills
Ability to maintain confidentiality
Strong working knowledge of the Internet
PowerPoint Excel and Word and familiarity with
legal case management software (ProLaw Clio
etc)
Ability to work independently and in multi-
jurisdictional venues
Must be able to meet travel requirements of the
job
What Yoursquoll Receive
We offer an outstanding array of benefits for our
associates including
Competitive Compensation
Group Medical Dental Vision and Life benefits
Generous Paid-Time Off - including Company
Holidays
401k plan with a dollar-for-dollar match on your
first six percent ndash immediate vesting
Access to more than 100 certification designation
and licensing courses
Career advancement opportunities
Why Sentry Insurance
Sentry employees have been helping individuals and
businesses build and protect their futures since 1904
Because of the trust placed in us Sentry is one of the
largest and strongest mutual insurance companies in
the United States and is rated A+ by AM Best the
industrys leading rating authority Sentry offers a full
line of property casualty and life insurance products
to protect businesses cars homes lives and retirement
incomes
So make the right choice - with great potential for
growth an outstanding 401(k) program and a schedule
that offers you a balance between your work and life
choose the company with the strength and stability to
offer it all Choose Sentry Insurance Sentry
Insurance is an Equal Opportunity Employer Apply
online at httpsjobssentrycomsearch119871
FULL-TIME LEGAL SECRETARY ASSISTANT
Mid-sized law office is seeking a self-motivated and
highly organized legal secretary with a minimum of 5
years of experience supporting 2 or more attorneys
Position will support multiple attorneys with case
management assistance calendaring state and federal
court filings formatting correspondence and
(Job Bank hellip Continued from page 41)
(Continued on page 43)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 43
pleadings copying mailing and other clerical duties
Optimal candidate will be able to accept and
implement directives maintain focus in hectic
environment keep attorneys informed of progress at
regular intervals and prioritize multiple projects
Working knowledge of MS Word amp Excel required
Associatersquos degree and background in litigation andor
insurance preferred EEOC Please email reacutesumeacute and
cover letter with salary requirements to
admincdslawfirmcom
EXPERIENCED PLAINTIFFS PERSONAL
INJURY LEGAL ASSISTANT
Small growing fast-paced Central Phoenix Personal
Injury Law Firm seeking full-time Legal Assistant to
join our team
Candidate must have excellent skills and 5 years
experience in a Plaintiffs Personal Injury Law Firm
with an ability to perform in a fast paced environment
Bi-lingual (SpanishEnglish) preferred but not
required Position involves significant interaction with
clients and requires attention to detail Good
organizational skills with a strong work ethic are
essential as is the ability to multi-task
Responsibilities include handling a large pre-litigation
caseload interfacing with attorneys and legal
assistants Must be proficient with MS Word Outlook
and Needles Case Management (preferred but not
necessary) Salary is competitive and DOE
Qualified candidates should e-mail resume with a
cover letter detailing their skills employment history
and salary requirements to
acoronadoblakefirmcom
(Job Bank hellip Continued from page 42)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 44
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
NALA Campus LIVE - Live web seminars are offered in two sessions each year FebruarymdashMay and AugustmdashNovember Each ses-sion features about 30 on-line seminars The audio files and handout material are copyrighted by NALA and the authors They are for personal use only Duplication of any of the material or any commercial use is strictly prohibited
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics httpswwwnalaorgcontinuing-educationwebinars NALA Campus LIVE - Live web semi-nars are offered in two sessions each year FebruarymdashMay and AugustmdashNovember Each session features about 30 on-line seminars The audio files and handout material are copy-righted by NALA and the authors They are for personal use only Dupli-cation of any of the material or any commercial use is strictly prohibited
82217 Music Law and Intellectual Property Rights
82417 So the Plaintiffrsquos on Medicare
82017 The ABCrsquos of Special Education
In addition to the Live Webinars NALA has On-Demand Webinar Courses available httpswwwnalaorgcontinuing-educationon-demand-webinar NALA also has a wide variety of available Self-Study courses as well as the Live Webinars You can access the Self-Study courses here httpswwwnalaorgcontinuing-educationself-study Many of these courses are recommended for preparing for the CP exam
NATIONAL BUSINESS INSTITUTE
wwwnbi-semscom
Live Video Webcasts
httpwwwnbi-semscomDefaultaspxVideo-WebcastsNavigationDataSource1=N63782
OnDemand amp Downloads
httpwwwnbi-semscomContentaspxst=ArizonaampNavigationDataSource1=N63932-63947
8817 Probate Boot Camp
8917 Real Estate Title and Conveyance Handling the Top
Issues
8917 Marijuana Business Legal Considerations
81417 Legal Descriptions Title Insurance and Surveys in Real
Estate Transactions
81517 Advanced Custody and Support Issues
81617 Personal Injury Trials 101
82117 Trusts from Start to Finish
82217 How to Get Your Clients Paid Debt Collection 101
82317 Bankruptcy The Ultimate Guide to Chapter 7 and 13
82817 Conflicts of Interest A Practical Legal Ethics Guide
82917 Using LLCs to Protect Assets
83017 Complex Social Security Law Issues
83017 Dealing With Problem Employees A Legal Response
Guide
And many morehellip
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 45
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
Lorman Live Webinars wwwlormancom You can find many more seminars listed at httpwwwlormancomlive-webinar
ON DEMAND WEBINARS
There are many OnDemand Webinars to choose from also
httpwwwlormancomondemand
8317 Electronic Record Retention Mistakes HR
Professionals Can Avoid
8317 HUD Section 3 Compliance Tips for Governments
8417 Paralegals Guide to Unauthorized Practice of Law
8817 Protecting High-Risk Clientsrsquo Assets Against lawsuits
8817 Tips and Tricks to Improve Your Telephone Attitude
8917 Rules and Guidelines When Dealing With Statute of
Limitations
8917 Utilizing Formulas in Microsoft Excel
81017 Early Retirement Incentives Navigating the Legal
Issues
And many more
Maricopa County Bar Association CLE CALENDAR
httpmcbasite-ymcomeventsevent_listasp
LEXIS NEXIS Paralegal Community
has some good information as well
Check it out at httplawlexisnexiscomcommunityportalarticlesdefaultaspxg=QfsTyLJ1USs=ampc=EZggD7hDKLw=
Arizona Bar Association wwwazbarorgCLE
OnDemand CLE
httpsazbarinreachcecomSearchmediaType=494a95bb-1e05-4c5b-a25f-36ad84bd4c39
82217 State Bar of Arizona Course on Professionalism
82317 Steering Clear of Malpractice Road Bumps
82417 Traffic Offenses
82517 Probate Rule 10(E)(2) Subsequent Training for Court-
Appointed Counsel
83017 A Survey of Family Law
And many more
ALA-ABI wwwali-abaorg
The ALI-ABA site has excellent online CLE courses forms printed books MP3 CDROMs CLE DVDs CLE MP3 Downloads CLE Court Materials and Course Papers
81017 Powers of Attorney Latest Legal Developments
81717 Creating and Maintaining a Paperless Practice
Improve Workflow Increase Efficiency
82317 Hot Topics in Legal Ethics
And many more
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 46
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
Organization for Legal Professionals wwwtheolporgeducation
Online Courses
Litigation Support Project Management
Paralegal Management Certificate Program
Project Management in Electronic Discovery
Computer Technology Skills for Paralegals
Legal amp EDiscovery Project Management Course
Institute of Paralegal Education httpipenbi-semscomContentaspxNavigationDataSource1=N63943 Webcasts amp Webinars httpipenbi-semscomContentaspxNavigationDataSource1=Rpp20NspEventDateSort7c1017c17cN63944-4294952056
Webcasts amp Webinars
8217 Medical records Made Easy for Paralegals
8817 Case Management for Paralegals Managing
Documents Files Calendars and Tasks
81717 A Paralegalrsquos Guide to Divorce Cases
82217 The Paralegalrsquos Guide to Probate
82317 Construction Law 101 for Paralegals
82417 Corporate Minute Books A How-To Guide for
Paralegals
82917 Smartphone Apps and Tricks for Paralegals
83017 Managing the Discovery Process A Paralegalrsquos Guide
91217 Paralegalrsquos Guide to Legal Research and Citation
Management
National Constitution Center wwwconstitutionconferencescom
8817 Legal and binding E-Contracts What Works in a Digital World
82117 Retaliation Claims Protect Clients from EEOC Charges amp Private Suits
West Legal Education wwwwestlegaledcentercom
If you know of any other sources for CLE and would like listings to be placed in this
publication please email Newsletterazparalegalorg
- Front Cover
- Table of Contents
- Board of Directors
- APA Announcements
- APA Member News
- 10 Employer Considerations in Light of Arizonas New Paid Sick Time
- Paralegals strike out on firing claims
- Wearable technology Counting the steps to a defense verdict
- August Webinar
- To Lay or Lie
- Sticky Business Etiquette Questions amp Answers
- September Webinar
- Tucson Paralegal Associations 38th Annual Seminar
- The Verdict
- The Brief
- NewBytes
- APA Job Bank
- Got CLE
-
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 14
any device Fitbit has also had the accuracy of its heart
rate data questioned in a class action filed in 2016
currently pending in Northern District of California In
the suit consumers from California Colorado and
Wisconsin allege that the heart rate tracking in the
Charge HR and the Surge two products that came to
market in 2015 is inaccurate by a significant
margin especially during periods of intense exercise
Overcoming challenges to accuracy of the data will
surely interfere with its admissibility but it would still
certainly be worth trying to admit overall trends in the
data instead of an exact number of steps walked in a
day or beats per minute of a personrsquos heart
With all of this in mind the challenge will be to find a
plaintiff pursuing a claim who utilizes a fitness
tracker This may become less of a challenge in the
next few years as experts predict fitness trackers and
smart watches will increase in the market by 195
million units by 2020 Furthermore employers and
insurance companies are outfitting people with
wearable technology to reduce risks and work place
injuries Several health insurance companies are
offering discounts to people who utilize this
technology and submit it to show a healthy and active
lifestyle
Wearable technology is constantly evolving and
getting better with each generation It will be
interesting to see what happens when the law catches
up and whether this data will become a regular part of
personal injury litigation much like social media
discovery
Reprinted with permission of the author
Nanci R Schanerman of
(Wearable Technology hellip Continued from page 13)
Mike McCrary Discovery Consultant
mmccraryfronteocom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 15
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 16
Join us on WEDNESDAY August 9 2017 at 1200 PM for this one-hour CLE webinar by Dr Arthur Eckstat ldquoWill That Product Liability Personal Injury Claim Prevailrdquo
What yoursquoll learn
Whether you are the team pursuing a product liability personal injury claim or defending against one the
criteria for prevailing is much the same Yoursquoll learn the criteria for a valid product liability claim and further
examine red flags that can affect your ability to prevail and suggestions on how to manage them
Criteria and Red Flags discussed include but not limited to
This webinar qualifies for 1 hour of CLE credit
Cost $25 for APA members $30 non-members
LAST DAY TO REGISTER FRIDAY AUGUST 4 500 PM
Identifying party(s) responsible Evidence collecting and protecting
How and why did the injury occur Expert witnesses ndash need types roles
What really happened despite story Interrogatories ndash Use and abuse
Likelihood of substantiating negligence Costs of pursuing or defending a claim
Strict Liability criteria for prevailing Contingency fee considerations
Identifying designmanufacturing defect
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 17
Our Speaker
Dr Arthur Eckstat
Engineering Consultant and Expert Witness
Dr Arthur Eckstat has served as an Engineering Consultant amp Expert Witness for over 15 years specializing
in Products Liability Personal Injury matters including wrongful death Art is often approached by plaintiff
attorneys to support what would be an unwinnable claim He created Lawsuit Consultant
(wwwlawsuitsconsultantcom) to help Products Liability Plaintiff Attorneys learn how to choose craft and
conduct winning cases while identifying and avoiding losing or under-performing cases That service
expanded to helping Defense Attorneys and insurance companies learn how to determine the validity of injury
claims Regardless of which side of an injury claim yoursquore representing two primary questions are ldquoHow was
the claimant injuredrdquo and ldquoWhy was the claimant injuredrdquo
Art possesses a Mechanical Engineering degree and an earned Doctorate He took early retirement from the
corporate worlds of Automotive and Aerospace engineering where he received international recognition and
accolades from both internal and external customers for his unique ability to see and explain what others have
missed He has successfully bridged the breach between Academic and Practitioner Art was honored as a
Contributor to Aviation History by Donald Engen Director of the Smithsonian National Air and Space
Museum in a ceremony held at the museum in Washington DC
DEADLINE TO REGISTER August 4 at 500 pm
Premier Designs Jewelry
Kathy Hanchette
Beyond Diva Jewelry
602-264-2230
wwwArizonaCourtReporterscom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 18
A degree above all others
12th Street and Missouri
Phoenix AZ 85014
(602) 212-1445
mbatranscriptazcoxnet
Serving local and national clientele with their
legal and general transcription needs
including civil criminal personal injury
family law as well as assisting in other areas
of law
INTEGRATED MEDICAL EVALUATIONS INC
401 W Baseline Rd Suite 206
Tempe AZ 85283
6023650132
wwwimewestcom
I avoid looking I avoid looking I avoid looking
forward or forward or forward or
backward and backward and backward and
try to keep try to keep try to keep
looking upward looking upward looking upward Charlotte BronteCharlotte BronteCharlotte Bronte
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 19
Many have a problem with lie or lay How do you know when to use which one
Lay (lay laid laying) means ldquoto putrdquo or ldquoto placerdquo Because itrsquos a verb (action word) it requires an object to
complete the meaning
Please lay the groceries on the counter
She laid her resignation letter on the bossrsquos desk
He is always laying his schoolbooks on the kitchen table
Lie (lie lay lain lying) means ldquoto recline rest or stayrdquo or ldquoto take a position of restrdquo Unlike lay which re-
quires it lie cannot take an object
She said she was going to lie on the bed to test the mattress
The pleading was lying on his desk for him to sign
A way to remember the difference is that if you can replace the questionable lie or lay with place (or the correct
version of it) then you need to use the correct version of lay If it doesnrsquot use the correct version of lie
She wanted to (lay or lie) down for a nap Would you say ldquoShe wanted to place down for a naprdquo No So
the proper word would be lie
He (laid or lay) the coffee on his secretaryrsquos desk Is it ldquoHe placed the coffee on his secretaryrsquos deskrdquo Yes
Then laid is correct
Another reminder hint might be if you are going to plAce something then you are going to lAy it but if you
are going to rEst you are going to liE
Thanks to Kathy Sieckman PP PLS-SC ACP of wwwProofthatblogcom for the above
To Lay
or Lie
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 20
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 21
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 22
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 23
Occasionally we all come across
situations in which we wonder
Would Miss Manners approve But
in the digital age of social
networking the etiquette lines can
become even blurrier Following are
some common sticky business
etiquette questions and tips to help
tackle them
Social Media
Should I personalize my LinkedIn requests to
connect with others
Its perfectly fine to use the form letter and in fact
most people do it for convenience even when
connecting with close contacts But if you wish to
connect to someone you havent seen in a while take
the time to personalize the message and explain how
youve met
How do I keep my manager from getting wind of
my job search using LinkedIn
If you consistently have a voice share opinions and
articles and tend to your audience and your network
as a daily routine mdash and not just when youre looking
for work mdash then when its time to find that next career
opportunity none of your activity will look out of the
ordinary But its not smart to immediately update your
LinkedIn profile by adding a large number of new
contacts fleshing out your profile and soliciting
recommendations Adjust your settings so you dont
broadcast activity youre not willing to share Pay
particular attention to the Opportunity Preferences
section under Contact Settings If you say you are
interested in career opportunities you could be
sending a red flag to your manager You can gain
exposure among your peers by joining groups related
to your professional field Many recruiters are
members and scan the roster for potential hires
Contribute to the discussion and establish yourself as a
subject matter expert to catch their interest
Should I friend my boss or coworkers
This is the $64000 question and the feelings of those
on the receiving end may provide the answer (See
Thinking About Friending Your Boss on
Facebook on Page 10 of Business Etiquette The
New Rules in a Digital Age) If you do connect utilize
privacy settings and different friend lists to control
how mdash and with whom mdash you share content Be
sensitive to your professional environment some
industries or companies are much more engaged in
digital networking than others If youre starting a new
job take your cue from others before sending out
friend requests to your new colleagues
Can Facebook postings hurt my job search
A good rule of thumb is to always post prudently If
you dont want your employer to see it get rid of it A
recent survey by our firm revealed that 44 percent of
executives review the Facebook presence of potential
hires Even if your account is just for fun keep it in
check To put your Facebook on a privacy lockdown
click on the drop-down Account menu in the top
right corner and select Privacy Settings Keep in
mind that Facebook may change its privacy features at
(Continued on page 24)
Sticky Business Etiquette Questions amp Answers
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 24
any time and you might not be aware of the changes
when they occur Always assume that anything you
post online may become public
Should I use Facebook at work
Maybe if its for work-related purposes and not just
keeping your friends updated on your weekend
activities Then again maybe not Thirty-eight percent
of chief information officers interviewed by Robert
Half have implemented stricter social networking
policies as these tools have become more prevalent in
the workplace If youre not sure what rules your firm
has in place check with your manager or human
resources representative Your best bet is your own
good judgment Just as you would expect to restrict
personal phone calls or conversation at work you
should limit personal use of social networking
platforms too
Whats the right way to decline a request to
connect with someone
While an automated No thank you could make our
lives easier no response at all might be your best bet
Dont feel pressured to connect with someone you
would rather not form a relationship with and dont
feel the need to explain your decision If you expect
you might run into the individual in person be
prepared in case you are confronted about it Simply
click Ignore especially if the person is a stranger
If someone follows me on Twitter should I
automatically follow him or her back
No because you may end up unfollowing the person
later Before following people check out their feed
bio and previous tweets to get a sense of them or their
organization and determine if youll be interested in
seeing the kind of content they share Although its
considered good etiquette to follow someone back
dont do it indiscriminately Its your feed and you
want to make it valuable to you
Emails and Conference Calls
Uh oh I sent a confidential email to the wrong
person What do I do now
Its not a lost cause and there are a few steps you can
take First try to use the recall function of your email
program But keep in mind that not all applications
offer this option and various factors can affect how
successful it is If this step doesnt solve the problem
you need to limit the impact of your mistake Contact
those who are affected the recipient and possibly the
person to whom you intended to send the message
Explain your error and if you need their help
correcting it You also may need to inform your
manager of the mistake
How responsive should I be to e-mail when Im on
vacation
It depends on whether you want to have a real
vacation If your Out of Office says youre not
checking e-mail on vacation dont check and respond
to messages Doing so changes expectations and
implies youre more accessible than you said youd be
Instead be considerate to others needs while you are
out and list a back-up contact in your Out of Office
auto response
I forgot to attach a file before sending an emailhellip
again How can I avoid this in the future
Slow down Everyone forgets to attach a file from
time to time because theyre in a rush But repeatedly
making this mistake can cause your colleagues to
question your attention to detail Going forward try
attaching your file before you compose your message
This way you can be sure it makes it to the recipient
Just make sure you attach the right file
How can I prevent my colleagues from scheduling
conference calls over lunch
Everyone should have a chance to eat lunch Often
people simply look for an open spot on others
calendars when scheduling a meeting So you might
consider blocking out your lunch hour to ensure you
have time to grab a bite to eat Although it may be
unavoidable to meet during this time on occasion you
might find that this simple step helps you out
Thanks to Robert Half for this information To learn more about
Robert Half visit wwwroberthalfcom
(Sticky Business hellip Continued from page 23)
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 25
3150 N 24th Street
Suite D-104
Phoenix AZ 85016
6022569700
The Nationwide Legal LLC team provides a
broad spectrum of comprehensive legal support
services at an unparalleled level of quality NWL
utilizes state-of-the-art technology to deliver
practical and cost-effective solutions for all of
your legal support service needs wwwNationwideASAPcom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 26
BILLING
BLUNDERS AND
FEE AGREEMENT
ESSENTIALS Speaker
Lynda C Shely
Esq
Ethics Lawyer
Speaker
Consultant
APA WEBINAR
Wednesday September 13 2017
1200-100 pm
COST APA Members $25 (or use your free 2017 webinar coupon) All others $30
This webinar qualifies for 1 hour Ethics CLE credit
Lynda C Shely of The Shely Firm PC Scottsdale Arizona provides ethics advice to over 1500 law firms in Arizona and the
District of Columbia on a variety of topics including conflicts of interest fees and billing trust account procedures lawyer
transitions multi-jurisdictional practice ancillary businesses and ethics requirements for law firm advertisingmarketing She also
assists lawyers in responding to initial Bar charges performs law office risk management reviews and trains law firm staff in
ethics requirements Lynda serves as an expert witness and frequently presents continuing legal education programs around the
country Prior to opening her own firm she was the Director of Lawyer Ethics for the State Bar of Arizona Prior to moving to
Arizona Prior to moving to Arizona Lynda was an intellectual propertyantitrust associate with Morgan Lewis amp Bockius in
Washington DC Lynda received her BA from Franklin amp Marshall College in Lancaster PA and her JD from Catholic
University in Washington DC
Lynda was the 2015-2016 President of the Association of Professional Responsibility Lawyers She serves on several State Bar of
Arizona Committees and as a liaison to the ABA Standing Committee on Ethics and Professional Responsibility She is an
Arizona Delegate in the ABA House of Delegates Lynda has received several awards for her contributions to the legal profession
including the 2007 State Bar of Arizona Member of the Year award the Scottsdale Bar Associationrsquos 2010 Award of Excellence
and the 2015 AWLA Maricopa Chapter Ruth V McGregor award She is a prior chair of the ABA Standing Committee on
Client Protection and a past member of the ABArsquos Professionalism Committee and Center for Professional Responsibility
Conference Planning Committee Lynda was the 2008-2009 President of the Scottsdale Bar Association She has been an adjunct
professor at all three Arizona law schools teaching professional responsibility
LAST DAY TO REGISTER FRIDAY September 8 2017 at 500 PM
Click Here to Register httpazparalegalorgevent-2588123
Ethical and practical considerations for all firms ndash even those that think they do not need to
track hourly time Lynda will review what clauses are mandatory for all fee agreements in Ar-
izona as well as clauses that will help with client communications and expectations Billing
tips will go over the five things to never do in a time entry why block billing is prohibited in
Arizona how to get paid faster and common mistakes made in client invoices
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 27
WOOLSTON amp TARTER PC AUDIT DEFENSE amp TAX LITIGATION
Congratulations to the Arizona
Paralegal Association on 40
successful years of promoting the
paralegal profession
In just about every area of society therersquos nothing more important than ethics
Henry Paulson
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 28
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 29
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 30
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 31
Jason Bagley
Senior Territory Manager
(602) 559-4587
jasonbagleylexisnexiscom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 32
GENDER EQUALITY
The process of voir dire sometimes includes
subtle and not-so-subtle attempts at gender
stacking of jurors to prevent or create bias
toward a plaintiff Other demographic factors
may be more influential but gender is still
important though not necessarily in the way
one would suspect
The accompanying chart based on California New York and Texas cases reported to VerdictSearch depicts
plaintiffsrsquo winning percentages according to the plaintiffrsquos gender and the juryrsquos composition Bias is evident
but it is not dependent on the plaintiffrsquos gender
Any plaintiffrsquos winning percentage is substantially greater when his or her case is heard by a female-
dominated jury rather than a male-dominated jury or a gender-neutral jury The takeaway All other factors
being equal plaintiffs are best served by female jurors The equation flips when it comes to awarding
damages but thatrsquos a topic for another study
Thank you to Verdict Search for this analysis To learn more about VerdictSearch visit
wwwVerdictSearchcom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 33
Vol 13 No 8 August 2017
Fees Increase in One Week
Most filing and service fees will increase on Wednesday August 9 2017 Documents submitted for filing that are received by the Clerks office (file counter by mail or through a filing depository box) on or before August 8 will be subject to the current fees Documents received for filing on and after August 9 will be subject to the new fees Fees are posted on the Clerkrsquos website at httpwwwclerkofcourtmaricopagovfeesasp
Appeal and Cost Bond Info Online
Court rules statutes court orders or other authorities may require posting appeal or cost bonds with the Clerks Office Depending on the type of issue the parties the complexity of the case and other factors years can pass between the bond posting date and resolution of related issues During that time parties attorneys and the courts may overlook issuing a court order releasing the money The Clerks Office holds the funds until a court order directs the Clerk specifically what to do with those funds The Clerkrsquos Office has now posted lists online of bonds posted with the Clerks Office where the need for the bond may have ended and no court order was filed allowing the Clerk to return the money If you or your clients posted an appeal or cost bond in any case it is worth checking if funds are still on hold
Customers can search the online lists by party name or case number A party or their attorney must file a petition with the court requesting an order be issued directing the Clerk to release these funds The Clerks Office will only release money by court order and only as specifically directed in the order For more information about the deposit or release of these funds including specific information the Clerkrsquos Office needs before releasing money see the Clerkrsquos website at httpwwwclerkofcourtmaricopagovrelease_bondsasp The Clerks Office will only assist parties to a case or their attorneys Third-party vendors personal representatives and other non-parties must be named in a court order to obtain detailed information or to receive a payment check
Law Library Resource Center Filings Grow by Leaps and Bounds
Last year the Superior Court in Maricopa County renamed relocated and expanded its self-service center into the Law Library Resource Center (LLRC) The Clerkrsquos Office staffs a filing counter within the downtown Phoenix LLRC to allow customers a one-stop-shop for research drafting and filing court documents Filings within the LLRC have gone up every month since its establishment In January 2017 the file counter handled 406 transactions and nearly doubled that volume by the end of March 2017 with 802 transactions In June the file counter processed more than 1000 transactions Clerk staff at this window can process fee deferral applications adding to customersrsquo onsite convenience For more information about the LLRCrsquos services locations and other details see the Superior Courtrsquos website at httpswwwsuperiorcourtmaricopagovSuperiorCourtLawLibraryResourceCenter
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 34
THANK YOU
Our Charity Raffle Prize Drawing for this beautiful quilt donated by the Emmanuel Lutheran Quilters of Prescott Valley Arizona raised $350
All proceeds have been provided to Feed Hungry Children Program in Prescott Valley Arizona
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 35
Paralegal robot reviews patent documents There is a new software RoboReview that helps patent
lawyers draft applications that are more likely to pass muster with the USPTO It automates paralegal
work bringing more rigor to the task of researching prior art and potentially saving thousands of dollars
on a filing Typically this review is done by humans doing multiple searches To read more visit the
ABA Journal httpwwwabajournalcomnewsarticlepatent_document_robot_legal_review
Paralegal cries after being charged with stealing $12 million from law firm The paralegal was an
office manager for a law firm in downtown Toledo where prosecutors allege she embezzles money from
the firm and from the trust account of a disabled client between 2008 and September 2015 The suit
claims that the paralegal forged signatures and falsified bookkeeping software and other records to steal
from the firm The paralegal cried throughout the bond hearing She has been fired To read more about
this case visit httpwwwtoledobladecomCourts20170712Bond-set-at-100K-for-office-manager-
charged-with-embezzling-1-2Mhtml
Paralegal re-appointed to Florida Bar Section Priscilla Horn Warren a nationally and Florida
certified paralegal will continue to serve on the States Solo and Small Firm Section as their paralegal
representative for 2017-2018 term Warren has continuously served as paralegal liaison with the section
since 1995
Law Firm not liable for paralegal mistake on $15 bn loan A New York Judge found that the firm did
not owe a duty of case to third parties The paralegal had accidentally cancelled the security interest of a
$15 billion loan to General Motors The firm did not represent the lenders and as such did not owe a duty
to third parties JP Morgan Chase acted as lenders and its lawyers also missed the mistake The mistake
was only noticed when GM filed for bankruptcy protection in 2009 To read more visit
httpwwwgloballegalpostcombig-storiesmayer-brown-not-liable-for-paralegal-mistake-on-$15-bn-
loan-73921531
Lawyer and paralegal arrested after being found with meth pipes and other drug paraphernalia
The attorney claimed that the equipment didnt belong to him (my paralegal did it defense) To read
more visit httpwwwarkansasmatterscomnewslocal-newsconway-lawyer-and-paralegal-arrested-on-
drug-possession769588833
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 36
DIAMOND SPONSORS
National Health Finance
ABI Document Support Services
RUBY SPONSORS
Nationwide Legal Inc
Vocational Diagnostics Inc
EMERALD SPONSORS
MBA Legal Transcription
First Legal Network
LexisNexis
Coash amp Coash
Robert E ldquoBobrdquo Underdown The Insurance Archaeologist
Jones Skelton amp Hochuli
THANK YOU TO OUR SPONSORS AT OUR ANNUAL LEGAL CONFERENCE AND 40TH ANNIVERSARY CELEBRATION
Thank you to the individuals and businesses that support the Arizona Paralegal
Association in our efforts to promote and educate the paralegal community by
becoming Legal Seminar Sponsors The assistance of our sponsors has been vital in
bringing educational programs to paralegals across Arizona This Legal Seminar would
not be possible without the help of the sponsors and we hope you will join us in
PEARL SPONSORS
Compex Legal Services Inc
Kathy Hanchette Premier Designs
Robson Forensic
Parasec
Iron Mountain
Litigation Services
Fronteo
The Morton Group
Integrated Medical Evaluations Inc
Elite Medical Experts
Lynn Tofaute Yanbal Jewelry
Griffin amp Associates
Discovia
Woolston amp Tarter PC
Ottmar amp Associates
Ballard Spahr LLP
DTI Global
Thank you to these Northern Arizona sponsors who have generously donated
prizes for the Arizona Paralegal Association drawing
Murphyrsquos Restaurant Prescott Arizona
Susanne Chacon Scentsy 9287108777
Yavapai Title 9284452528
Mangum Pearce Court Reporting 9284451909
Prescott Law group PLC 9284451909
Emmanuel Lutheran Quilters Prescott Valley
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 37
Congratulations to the Arizona Paralegal Association on 40 years
1 East Washington St Suite 2300
Phoenix AZ 85004
602798-5400
wwwballardspahrcom
6024851488
wwwOtmarAssoccom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 38
APA MEMBER JOB BANK
DONrsquoT FORGET TO CHECK OUR ONLINE
JOB BANK FOR UP-TO-DATE JOB LISTINGS
at httpwwwazparalegalorgjobbank
[In order to view the online Job Bank you must login
to our new website (using your email and password)
If you experience any difficulty logging in please
contact membershipazparalegalorg for assistance]
PARALEGAL - BANKRUPTCY LITIGATION
Position Overview
Under the supervision of one or more lawyer(s) the
Paralegal assists in the delivery of quality efficient
and accessible legal services in the bankruptcy real
estate corporate andor commercial litigation practice
groups
Responsibilities
Draft routine pleadings statements affidavits
andor other legal documentation as appropriate at
the specific direction of attorneys
Prepare initial drafts of legal documents for
bankruptcy proceedings including case captions
and simple pleadings such as claim forms requests
for notice or judicial notice etc
Arrange Court Call appearances communicates
and cooperates with Court clerks on filings and
appearance requirements and interacts with Court
personnel as necessary to serve client needs
Prepare initial drafts of fee applications when
representing estate professionals and oversecured
creditors in bankruptcy cases and in connection
with fee awards in other litigation contexts
including exhibits and declarations in support
Compile documents in connection with appeals
including designations and indexes of the record
district court elections and requests for transcripts
Draft notices of appearance substitutions of
counsel documents pro hac vice applications and
corporate ownership statements
Assist with discovery-related filings including
Bankruptcy Rule 2004 examination applications
notices and orders subpoenas and notice of
servicecompliance
Manage non-judicial trustees sale process
including security instrument review public
record filing review notice drafting service
completion bid compilation sale procedures
communications with interested parties deed upon
sale drafting and all necessary public recording
and filing
Perform ECF filings and review local rules for
pleading forms notice and service requirements
Fulfill duties to deliver court copies courtesy
copies lodged order uploads in pdf or Word and
complies with all local rule requirements
Organize index and track large numbers of
documents including development of information
(Continued on page 39)
DO YOU KNOW OF A PARALEGAL POSITION AT YOUR PLACE OF EMPLOYMENT
If so advise your employer that the APA offers ad space for paralegal jobs to employers free of charge To place a job bank ad or for information on a job send an e-mail to Betsy Wolf at jobbankazparalegalorg
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 39
APA MEMBER JOB BANK
retrieval systems performs all case management
functions
Perform calendaring or docketing of information
as needed
Research and obtain information from various
courts administrative bodies public information
sources etc
Performs electronic research using PACER court
websites Westlaw and Lexis in addition to
Shepardizing and Bluebooking citations
Coordinate efforts with trials and hearings such as
taking notes handling exhibits organizing and
gathering factual information etc
Attend trials or client meetings as needed inside
and outside the office that require face-to-face
contact
Coordinate vendors in conjunction with a project
such as court reporters process servers copy
vendors etc
Track time in DTE and assures that services
provided are properly charged to the client
Track expenses for travel client meetings and
court appearances
Essential Job SpecificationsQualifications
Familiarity with pleading notice and service rules
triggered in Chapter 7 and 11 Bankruptcy Courts
Familiarity with Uniform Commercial Code
enforcement process and procedures
Familiarity with basic corporate formation
practices and procedures
Ability to perform ECF filings
Excellent computer skills including Word Excel
PowerPoint and database applications
Ability to deal professionally with all levels of
clients both internally and externally
Proven ability to solve problems work
independently and tackle projects with minimal
supervision
Ability to be flexible meet deadlines handle
pressure and adapt to changing work priorities
work flow and work assignments
Ability to effectively and respectfully
communicate verbally and in writing with other
staff lawyers management and clients
Ability to organize a large amount of data and files
into an efficient system (both electronic and
hardcopy) for easy filing and retrieval
Ability to maintain confidences as well as build
confidences and trust
Ability to pay close attention to detail
Ability to work overtime up to 10 or more hours
per week
Ability to work off-site at client location(s) for
extended periods of time
Requires the ability to regularly report to work on
the days and times scheduled or alternatively to
work flex hours depending on lawyer and client
needs
Physical Demands
Ability to work in a typical office environment and
lift up to 25 lbs NOTE Reasonable
accommodations may be made to enable
individuals with disabilities to perform the
essential functions
Travel
Ability to travel locally
EducationExperienceCertifications
Bachelors Degree andor Paralegal Certificate
Minimum of two years experience with
bankruptcy and litigation practice(s) at a law firm
Disclaimer
The above statements are intended to describe the
general nature and level of work being performed by
the incumbent in the position They are not intended
to be an exhaustive list of all responsibilities duties
and skills of the employee Duties and responsibilities
may change at any time with or without notice
(Job Bank hellip Continued from page 38)
(Continued on page 40)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 40
How to Apply Please send resume to
lisaspannbryancavecom
Equal Opportunity Employer
LITIGATION PARALEGAL - INSURANCE
DEFENSE
Jones Skelton amp Hochuli is seeking an ambitious
paralegal with 5+ years of experience in general civil
litigation and experience in State and Federal courts
The ideal candidate will have a stable work history
and exceptional communication and organizational
skills We offer a competitive salary and benefits
package and a team-oriented working environment
Please email your resume to Recruitingjshfirmcom
AAEOE
EXPERIENCED LITIGATION PARALEGAL
Dickinson Wright PLLC (Phoenix office) is in need of
a litigation paralegal
Requires a minimum of three yearsrsquo recent experience
in Arizona law
Job Description
Organize and synthesize information through the
preparation of summaries chronologies reports
spreadsheets
Draft and review routine legal documents (eg
privilege logs exhibit lists discovery disclosures
etc)
Assist attorneys on cases by providing
computerized support to help them plan organize
research analyze argue and present their cases in
a more cost and time efficient manner
Provide the day-to-day support of data
management
Assist attorney in trial preparation and set-up of
electronic equipment in the courtroom provides
court assistance as required
Assist with managing cases projects on various
levels and at various stages of the litigation
process
Candidates must have excellent communication skills
for contacting clients experts and other outside
parties have knowledge of state and federal court
rules procedures and e-filing requirements drafting
be self-motivated a team player proficient in MW
Word Outlook 2010 and a working knowledge of
document management systems Relativity and Trial
Director experience is a must
EducationalExperience requirements
Paralegal certificate from ABA school or
certification
We offer a competitive salary and benefits package
and an outstanding work environment All candidates
must submit a cover letter resume and salary history
Please email resumes to
LMandellDickinsonwrightcom
EXPERIENCED FAMILY LAW PARALEGAL
Cantor Law Group an AV-rated six-attorney family
law firm located in downtown Phoenix seeks a sharp
paralegal with at least two years of recent Arizona
family law experience In this position you will work
closely with an associate attorney to manage a case
load of 40+ cases covering a wide range of domestic
relations issues Experience with high-asset andor
DCS cases is a plus Must be a strong writer able to
draft pleadings and correspondence Exceptional
people skills are needed as there is a great deal of
client contact
An attractive compensation and benefits package is
available for the right candidate In addition to a
competitive salary and bonus opportunities we offer
an outstanding benefits package including ten paid
(Job Bank hellip Continued from page 39)
(Continued on page 41)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 41
holidays per year ten days paid vacation days yearly
five days personal paid time off yearly as well as the
availability of medical dental vision and life
insurance A 401K with a very generous employer
match is offered after one year
Requirements
2 years recent Arizona family law experience
Proactive able to handle and direct caseload with
minimal supervision
Attention to detail and excellent follow-up
Excellent analytical capabilities amp writing skills
able to draft substantive motions for attorney
review
Work well as a member of a fast-paced team
Professional appearance demeanor and attitude
Great client relations skills
Excellent computer skills including proficiency in
MS Word and other MS Office applications
Paralegal certification preferred (not required)
Knowledge of Time Matters or other case
management software a plus
Please send resumes to hrdmcantorcom
EXPERIENCED CRIMINAL DEFENSE
PARALEGAL
The Law Offices of David Michael Cantor an AV
rated criminal defense firm in Downtown Phoenix is
seeking an experienced paralegal with felony amp
misdemeanor experience to work closely with our
attorneys Our practice includes the full spectrum of
criminal charges and you will have the opportunity to
work on cases involving drug charges violent crime
sex offenses white collar crime property crime and
DUIs
The job
Proactively manage a substantial caseload without
direct supervision
Prepare and file pleadings according to attorney
instructions
Prepare trial notebooks and handle all trial prep
work
Create high quality correspondence and other
documents with little to no supervision
Maintain professional relationships with law
enforcement and prosecutors
Provide excellent customer service for our clients
Support 1-2 attorneys
We offer
Competitive compensation
Outstanding benefits including medical dental
vision lifeADampD coverage
401K with generous employer match
Paid vacation and sick time
Ten paid holidays per year
You
2+ years of private Arizona defense experience
handling both misdemeanor and felony charges
Familiar with Arizona courts and MVD
Proactive ndash needs little supervision
Great follow-up skills and attention to detail
Excellent writing skills
Professional appearance and behavior
MS Word and other MS Office applications
Keyboard speed 50+ wpm
Reliable
Enjoy being a member of a friendly team of
professionals
Experience with Abacus or other case
management software desirable
Please send resumes to hrdmcantorcom
PARALEGAL
Sentry Insurance is looking for a Paralegal to provide
litigation and administrative support to our Staff
(Job Bank hellip Continued from page 40)
(Continued on page 42)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 42
Counsel operation If you are looking for a career
with great potential choose the company with the
strength and stability to offer it all
What Yoursquoll Do
As the Paralegal yoursquoll assist the attorney staff by
performing legal activities which do not require
attorney signature client advise or appearances in
court In addition yoursquoll
Assist in the preparation of responses to discovery
under direct supervision of an attorney
Perform factual investigations and document
searches
Obtain investigative materials and policy
information
Contact insureds and other witnesses to obtain
factual statements
Coordinate scheduling of litigation activities and
witness appearances
What it Takes
Associate Degree or equivalent work experience
2-5 years of related work experience at least one
year in litigation practice
American Bar Association-Certified Paralegal
Training
Advanced knowledge of case management and
knowledge of and ability to perform legal
research
Experience with resources such as Westlaw and
Lexis
Strong analytical ability and knowledge of
litigation processes
Strong organizational and communication skills
Ability to maintain confidentiality
Strong working knowledge of the Internet
PowerPoint Excel and Word and familiarity with
legal case management software (ProLaw Clio
etc)
Ability to work independently and in multi-
jurisdictional venues
Must be able to meet travel requirements of the
job
What Yoursquoll Receive
We offer an outstanding array of benefits for our
associates including
Competitive Compensation
Group Medical Dental Vision and Life benefits
Generous Paid-Time Off - including Company
Holidays
401k plan with a dollar-for-dollar match on your
first six percent ndash immediate vesting
Access to more than 100 certification designation
and licensing courses
Career advancement opportunities
Why Sentry Insurance
Sentry employees have been helping individuals and
businesses build and protect their futures since 1904
Because of the trust placed in us Sentry is one of the
largest and strongest mutual insurance companies in
the United States and is rated A+ by AM Best the
industrys leading rating authority Sentry offers a full
line of property casualty and life insurance products
to protect businesses cars homes lives and retirement
incomes
So make the right choice - with great potential for
growth an outstanding 401(k) program and a schedule
that offers you a balance between your work and life
choose the company with the strength and stability to
offer it all Choose Sentry Insurance Sentry
Insurance is an Equal Opportunity Employer Apply
online at httpsjobssentrycomsearch119871
FULL-TIME LEGAL SECRETARY ASSISTANT
Mid-sized law office is seeking a self-motivated and
highly organized legal secretary with a minimum of 5
years of experience supporting 2 or more attorneys
Position will support multiple attorneys with case
management assistance calendaring state and federal
court filings formatting correspondence and
(Job Bank hellip Continued from page 41)
(Continued on page 43)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 43
pleadings copying mailing and other clerical duties
Optimal candidate will be able to accept and
implement directives maintain focus in hectic
environment keep attorneys informed of progress at
regular intervals and prioritize multiple projects
Working knowledge of MS Word amp Excel required
Associatersquos degree and background in litigation andor
insurance preferred EEOC Please email reacutesumeacute and
cover letter with salary requirements to
admincdslawfirmcom
EXPERIENCED PLAINTIFFS PERSONAL
INJURY LEGAL ASSISTANT
Small growing fast-paced Central Phoenix Personal
Injury Law Firm seeking full-time Legal Assistant to
join our team
Candidate must have excellent skills and 5 years
experience in a Plaintiffs Personal Injury Law Firm
with an ability to perform in a fast paced environment
Bi-lingual (SpanishEnglish) preferred but not
required Position involves significant interaction with
clients and requires attention to detail Good
organizational skills with a strong work ethic are
essential as is the ability to multi-task
Responsibilities include handling a large pre-litigation
caseload interfacing with attorneys and legal
assistants Must be proficient with MS Word Outlook
and Needles Case Management (preferred but not
necessary) Salary is competitive and DOE
Qualified candidates should e-mail resume with a
cover letter detailing their skills employment history
and salary requirements to
acoronadoblakefirmcom
(Job Bank hellip Continued from page 42)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 44
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
NALA Campus LIVE - Live web seminars are offered in two sessions each year FebruarymdashMay and AugustmdashNovember Each ses-sion features about 30 on-line seminars The audio files and handout material are copyrighted by NALA and the authors They are for personal use only Duplication of any of the material or any commercial use is strictly prohibited
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics httpswwwnalaorgcontinuing-educationwebinars NALA Campus LIVE - Live web semi-nars are offered in two sessions each year FebruarymdashMay and AugustmdashNovember Each session features about 30 on-line seminars The audio files and handout material are copy-righted by NALA and the authors They are for personal use only Dupli-cation of any of the material or any commercial use is strictly prohibited
82217 Music Law and Intellectual Property Rights
82417 So the Plaintiffrsquos on Medicare
82017 The ABCrsquos of Special Education
In addition to the Live Webinars NALA has On-Demand Webinar Courses available httpswwwnalaorgcontinuing-educationon-demand-webinar NALA also has a wide variety of available Self-Study courses as well as the Live Webinars You can access the Self-Study courses here httpswwwnalaorgcontinuing-educationself-study Many of these courses are recommended for preparing for the CP exam
NATIONAL BUSINESS INSTITUTE
wwwnbi-semscom
Live Video Webcasts
httpwwwnbi-semscomDefaultaspxVideo-WebcastsNavigationDataSource1=N63782
OnDemand amp Downloads
httpwwwnbi-semscomContentaspxst=ArizonaampNavigationDataSource1=N63932-63947
8817 Probate Boot Camp
8917 Real Estate Title and Conveyance Handling the Top
Issues
8917 Marijuana Business Legal Considerations
81417 Legal Descriptions Title Insurance and Surveys in Real
Estate Transactions
81517 Advanced Custody and Support Issues
81617 Personal Injury Trials 101
82117 Trusts from Start to Finish
82217 How to Get Your Clients Paid Debt Collection 101
82317 Bankruptcy The Ultimate Guide to Chapter 7 and 13
82817 Conflicts of Interest A Practical Legal Ethics Guide
82917 Using LLCs to Protect Assets
83017 Complex Social Security Law Issues
83017 Dealing With Problem Employees A Legal Response
Guide
And many morehellip
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 45
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
Lorman Live Webinars wwwlormancom You can find many more seminars listed at httpwwwlormancomlive-webinar
ON DEMAND WEBINARS
There are many OnDemand Webinars to choose from also
httpwwwlormancomondemand
8317 Electronic Record Retention Mistakes HR
Professionals Can Avoid
8317 HUD Section 3 Compliance Tips for Governments
8417 Paralegals Guide to Unauthorized Practice of Law
8817 Protecting High-Risk Clientsrsquo Assets Against lawsuits
8817 Tips and Tricks to Improve Your Telephone Attitude
8917 Rules and Guidelines When Dealing With Statute of
Limitations
8917 Utilizing Formulas in Microsoft Excel
81017 Early Retirement Incentives Navigating the Legal
Issues
And many more
Maricopa County Bar Association CLE CALENDAR
httpmcbasite-ymcomeventsevent_listasp
LEXIS NEXIS Paralegal Community
has some good information as well
Check it out at httplawlexisnexiscomcommunityportalarticlesdefaultaspxg=QfsTyLJ1USs=ampc=EZggD7hDKLw=
Arizona Bar Association wwwazbarorgCLE
OnDemand CLE
httpsazbarinreachcecomSearchmediaType=494a95bb-1e05-4c5b-a25f-36ad84bd4c39
82217 State Bar of Arizona Course on Professionalism
82317 Steering Clear of Malpractice Road Bumps
82417 Traffic Offenses
82517 Probate Rule 10(E)(2) Subsequent Training for Court-
Appointed Counsel
83017 A Survey of Family Law
And many more
ALA-ABI wwwali-abaorg
The ALI-ABA site has excellent online CLE courses forms printed books MP3 CDROMs CLE DVDs CLE MP3 Downloads CLE Court Materials and Course Papers
81017 Powers of Attorney Latest Legal Developments
81717 Creating and Maintaining a Paperless Practice
Improve Workflow Increase Efficiency
82317 Hot Topics in Legal Ethics
And many more
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 46
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
Organization for Legal Professionals wwwtheolporgeducation
Online Courses
Litigation Support Project Management
Paralegal Management Certificate Program
Project Management in Electronic Discovery
Computer Technology Skills for Paralegals
Legal amp EDiscovery Project Management Course
Institute of Paralegal Education httpipenbi-semscomContentaspxNavigationDataSource1=N63943 Webcasts amp Webinars httpipenbi-semscomContentaspxNavigationDataSource1=Rpp20NspEventDateSort7c1017c17cN63944-4294952056
Webcasts amp Webinars
8217 Medical records Made Easy for Paralegals
8817 Case Management for Paralegals Managing
Documents Files Calendars and Tasks
81717 A Paralegalrsquos Guide to Divorce Cases
82217 The Paralegalrsquos Guide to Probate
82317 Construction Law 101 for Paralegals
82417 Corporate Minute Books A How-To Guide for
Paralegals
82917 Smartphone Apps and Tricks for Paralegals
83017 Managing the Discovery Process A Paralegalrsquos Guide
91217 Paralegalrsquos Guide to Legal Research and Citation
Management
National Constitution Center wwwconstitutionconferencescom
8817 Legal and binding E-Contracts What Works in a Digital World
82117 Retaliation Claims Protect Clients from EEOC Charges amp Private Suits
West Legal Education wwwwestlegaledcentercom
If you know of any other sources for CLE and would like listings to be placed in this
publication please email Newsletterazparalegalorg
- Front Cover
- Table of Contents
- Board of Directors
- APA Announcements
- APA Member News
- 10 Employer Considerations in Light of Arizonas New Paid Sick Time
- Paralegals strike out on firing claims
- Wearable technology Counting the steps to a defense verdict
- August Webinar
- To Lay or Lie
- Sticky Business Etiquette Questions amp Answers
- September Webinar
- Tucson Paralegal Associations 38th Annual Seminar
- The Verdict
- The Brief
- NewBytes
- APA Job Bank
- Got CLE
-
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 15
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 16
Join us on WEDNESDAY August 9 2017 at 1200 PM for this one-hour CLE webinar by Dr Arthur Eckstat ldquoWill That Product Liability Personal Injury Claim Prevailrdquo
What yoursquoll learn
Whether you are the team pursuing a product liability personal injury claim or defending against one the
criteria for prevailing is much the same Yoursquoll learn the criteria for a valid product liability claim and further
examine red flags that can affect your ability to prevail and suggestions on how to manage them
Criteria and Red Flags discussed include but not limited to
This webinar qualifies for 1 hour of CLE credit
Cost $25 for APA members $30 non-members
LAST DAY TO REGISTER FRIDAY AUGUST 4 500 PM
Identifying party(s) responsible Evidence collecting and protecting
How and why did the injury occur Expert witnesses ndash need types roles
What really happened despite story Interrogatories ndash Use and abuse
Likelihood of substantiating negligence Costs of pursuing or defending a claim
Strict Liability criteria for prevailing Contingency fee considerations
Identifying designmanufacturing defect
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 17
Our Speaker
Dr Arthur Eckstat
Engineering Consultant and Expert Witness
Dr Arthur Eckstat has served as an Engineering Consultant amp Expert Witness for over 15 years specializing
in Products Liability Personal Injury matters including wrongful death Art is often approached by plaintiff
attorneys to support what would be an unwinnable claim He created Lawsuit Consultant
(wwwlawsuitsconsultantcom) to help Products Liability Plaintiff Attorneys learn how to choose craft and
conduct winning cases while identifying and avoiding losing or under-performing cases That service
expanded to helping Defense Attorneys and insurance companies learn how to determine the validity of injury
claims Regardless of which side of an injury claim yoursquore representing two primary questions are ldquoHow was
the claimant injuredrdquo and ldquoWhy was the claimant injuredrdquo
Art possesses a Mechanical Engineering degree and an earned Doctorate He took early retirement from the
corporate worlds of Automotive and Aerospace engineering where he received international recognition and
accolades from both internal and external customers for his unique ability to see and explain what others have
missed He has successfully bridged the breach between Academic and Practitioner Art was honored as a
Contributor to Aviation History by Donald Engen Director of the Smithsonian National Air and Space
Museum in a ceremony held at the museum in Washington DC
DEADLINE TO REGISTER August 4 at 500 pm
Premier Designs Jewelry
Kathy Hanchette
Beyond Diva Jewelry
602-264-2230
wwwArizonaCourtReporterscom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 18
A degree above all others
12th Street and Missouri
Phoenix AZ 85014
(602) 212-1445
mbatranscriptazcoxnet
Serving local and national clientele with their
legal and general transcription needs
including civil criminal personal injury
family law as well as assisting in other areas
of law
INTEGRATED MEDICAL EVALUATIONS INC
401 W Baseline Rd Suite 206
Tempe AZ 85283
6023650132
wwwimewestcom
I avoid looking I avoid looking I avoid looking
forward or forward or forward or
backward and backward and backward and
try to keep try to keep try to keep
looking upward looking upward looking upward Charlotte BronteCharlotte BronteCharlotte Bronte
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 19
Many have a problem with lie or lay How do you know when to use which one
Lay (lay laid laying) means ldquoto putrdquo or ldquoto placerdquo Because itrsquos a verb (action word) it requires an object to
complete the meaning
Please lay the groceries on the counter
She laid her resignation letter on the bossrsquos desk
He is always laying his schoolbooks on the kitchen table
Lie (lie lay lain lying) means ldquoto recline rest or stayrdquo or ldquoto take a position of restrdquo Unlike lay which re-
quires it lie cannot take an object
She said she was going to lie on the bed to test the mattress
The pleading was lying on his desk for him to sign
A way to remember the difference is that if you can replace the questionable lie or lay with place (or the correct
version of it) then you need to use the correct version of lay If it doesnrsquot use the correct version of lie
She wanted to (lay or lie) down for a nap Would you say ldquoShe wanted to place down for a naprdquo No So
the proper word would be lie
He (laid or lay) the coffee on his secretaryrsquos desk Is it ldquoHe placed the coffee on his secretaryrsquos deskrdquo Yes
Then laid is correct
Another reminder hint might be if you are going to plAce something then you are going to lAy it but if you
are going to rEst you are going to liE
Thanks to Kathy Sieckman PP PLS-SC ACP of wwwProofthatblogcom for the above
To Lay
or Lie
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 20
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 21
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 22
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 23
Occasionally we all come across
situations in which we wonder
Would Miss Manners approve But
in the digital age of social
networking the etiquette lines can
become even blurrier Following are
some common sticky business
etiquette questions and tips to help
tackle them
Social Media
Should I personalize my LinkedIn requests to
connect with others
Its perfectly fine to use the form letter and in fact
most people do it for convenience even when
connecting with close contacts But if you wish to
connect to someone you havent seen in a while take
the time to personalize the message and explain how
youve met
How do I keep my manager from getting wind of
my job search using LinkedIn
If you consistently have a voice share opinions and
articles and tend to your audience and your network
as a daily routine mdash and not just when youre looking
for work mdash then when its time to find that next career
opportunity none of your activity will look out of the
ordinary But its not smart to immediately update your
LinkedIn profile by adding a large number of new
contacts fleshing out your profile and soliciting
recommendations Adjust your settings so you dont
broadcast activity youre not willing to share Pay
particular attention to the Opportunity Preferences
section under Contact Settings If you say you are
interested in career opportunities you could be
sending a red flag to your manager You can gain
exposure among your peers by joining groups related
to your professional field Many recruiters are
members and scan the roster for potential hires
Contribute to the discussion and establish yourself as a
subject matter expert to catch their interest
Should I friend my boss or coworkers
This is the $64000 question and the feelings of those
on the receiving end may provide the answer (See
Thinking About Friending Your Boss on
Facebook on Page 10 of Business Etiquette The
New Rules in a Digital Age) If you do connect utilize
privacy settings and different friend lists to control
how mdash and with whom mdash you share content Be
sensitive to your professional environment some
industries or companies are much more engaged in
digital networking than others If youre starting a new
job take your cue from others before sending out
friend requests to your new colleagues
Can Facebook postings hurt my job search
A good rule of thumb is to always post prudently If
you dont want your employer to see it get rid of it A
recent survey by our firm revealed that 44 percent of
executives review the Facebook presence of potential
hires Even if your account is just for fun keep it in
check To put your Facebook on a privacy lockdown
click on the drop-down Account menu in the top
right corner and select Privacy Settings Keep in
mind that Facebook may change its privacy features at
(Continued on page 24)
Sticky Business Etiquette Questions amp Answers
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 24
any time and you might not be aware of the changes
when they occur Always assume that anything you
post online may become public
Should I use Facebook at work
Maybe if its for work-related purposes and not just
keeping your friends updated on your weekend
activities Then again maybe not Thirty-eight percent
of chief information officers interviewed by Robert
Half have implemented stricter social networking
policies as these tools have become more prevalent in
the workplace If youre not sure what rules your firm
has in place check with your manager or human
resources representative Your best bet is your own
good judgment Just as you would expect to restrict
personal phone calls or conversation at work you
should limit personal use of social networking
platforms too
Whats the right way to decline a request to
connect with someone
While an automated No thank you could make our
lives easier no response at all might be your best bet
Dont feel pressured to connect with someone you
would rather not form a relationship with and dont
feel the need to explain your decision If you expect
you might run into the individual in person be
prepared in case you are confronted about it Simply
click Ignore especially if the person is a stranger
If someone follows me on Twitter should I
automatically follow him or her back
No because you may end up unfollowing the person
later Before following people check out their feed
bio and previous tweets to get a sense of them or their
organization and determine if youll be interested in
seeing the kind of content they share Although its
considered good etiquette to follow someone back
dont do it indiscriminately Its your feed and you
want to make it valuable to you
Emails and Conference Calls
Uh oh I sent a confidential email to the wrong
person What do I do now
Its not a lost cause and there are a few steps you can
take First try to use the recall function of your email
program But keep in mind that not all applications
offer this option and various factors can affect how
successful it is If this step doesnt solve the problem
you need to limit the impact of your mistake Contact
those who are affected the recipient and possibly the
person to whom you intended to send the message
Explain your error and if you need their help
correcting it You also may need to inform your
manager of the mistake
How responsive should I be to e-mail when Im on
vacation
It depends on whether you want to have a real
vacation If your Out of Office says youre not
checking e-mail on vacation dont check and respond
to messages Doing so changes expectations and
implies youre more accessible than you said youd be
Instead be considerate to others needs while you are
out and list a back-up contact in your Out of Office
auto response
I forgot to attach a file before sending an emailhellip
again How can I avoid this in the future
Slow down Everyone forgets to attach a file from
time to time because theyre in a rush But repeatedly
making this mistake can cause your colleagues to
question your attention to detail Going forward try
attaching your file before you compose your message
This way you can be sure it makes it to the recipient
Just make sure you attach the right file
How can I prevent my colleagues from scheduling
conference calls over lunch
Everyone should have a chance to eat lunch Often
people simply look for an open spot on others
calendars when scheduling a meeting So you might
consider blocking out your lunch hour to ensure you
have time to grab a bite to eat Although it may be
unavoidable to meet during this time on occasion you
might find that this simple step helps you out
Thanks to Robert Half for this information To learn more about
Robert Half visit wwwroberthalfcom
(Sticky Business hellip Continued from page 23)
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 25
3150 N 24th Street
Suite D-104
Phoenix AZ 85016
6022569700
The Nationwide Legal LLC team provides a
broad spectrum of comprehensive legal support
services at an unparalleled level of quality NWL
utilizes state-of-the-art technology to deliver
practical and cost-effective solutions for all of
your legal support service needs wwwNationwideASAPcom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 26
BILLING
BLUNDERS AND
FEE AGREEMENT
ESSENTIALS Speaker
Lynda C Shely
Esq
Ethics Lawyer
Speaker
Consultant
APA WEBINAR
Wednesday September 13 2017
1200-100 pm
COST APA Members $25 (or use your free 2017 webinar coupon) All others $30
This webinar qualifies for 1 hour Ethics CLE credit
Lynda C Shely of The Shely Firm PC Scottsdale Arizona provides ethics advice to over 1500 law firms in Arizona and the
District of Columbia on a variety of topics including conflicts of interest fees and billing trust account procedures lawyer
transitions multi-jurisdictional practice ancillary businesses and ethics requirements for law firm advertisingmarketing She also
assists lawyers in responding to initial Bar charges performs law office risk management reviews and trains law firm staff in
ethics requirements Lynda serves as an expert witness and frequently presents continuing legal education programs around the
country Prior to opening her own firm she was the Director of Lawyer Ethics for the State Bar of Arizona Prior to moving to
Arizona Prior to moving to Arizona Lynda was an intellectual propertyantitrust associate with Morgan Lewis amp Bockius in
Washington DC Lynda received her BA from Franklin amp Marshall College in Lancaster PA and her JD from Catholic
University in Washington DC
Lynda was the 2015-2016 President of the Association of Professional Responsibility Lawyers She serves on several State Bar of
Arizona Committees and as a liaison to the ABA Standing Committee on Ethics and Professional Responsibility She is an
Arizona Delegate in the ABA House of Delegates Lynda has received several awards for her contributions to the legal profession
including the 2007 State Bar of Arizona Member of the Year award the Scottsdale Bar Associationrsquos 2010 Award of Excellence
and the 2015 AWLA Maricopa Chapter Ruth V McGregor award She is a prior chair of the ABA Standing Committee on
Client Protection and a past member of the ABArsquos Professionalism Committee and Center for Professional Responsibility
Conference Planning Committee Lynda was the 2008-2009 President of the Scottsdale Bar Association She has been an adjunct
professor at all three Arizona law schools teaching professional responsibility
LAST DAY TO REGISTER FRIDAY September 8 2017 at 500 PM
Click Here to Register httpazparalegalorgevent-2588123
Ethical and practical considerations for all firms ndash even those that think they do not need to
track hourly time Lynda will review what clauses are mandatory for all fee agreements in Ar-
izona as well as clauses that will help with client communications and expectations Billing
tips will go over the five things to never do in a time entry why block billing is prohibited in
Arizona how to get paid faster and common mistakes made in client invoices
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 27
WOOLSTON amp TARTER PC AUDIT DEFENSE amp TAX LITIGATION
Congratulations to the Arizona
Paralegal Association on 40
successful years of promoting the
paralegal profession
In just about every area of society therersquos nothing more important than ethics
Henry Paulson
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 28
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 29
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 30
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 31
Jason Bagley
Senior Territory Manager
(602) 559-4587
jasonbagleylexisnexiscom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 32
GENDER EQUALITY
The process of voir dire sometimes includes
subtle and not-so-subtle attempts at gender
stacking of jurors to prevent or create bias
toward a plaintiff Other demographic factors
may be more influential but gender is still
important though not necessarily in the way
one would suspect
The accompanying chart based on California New York and Texas cases reported to VerdictSearch depicts
plaintiffsrsquo winning percentages according to the plaintiffrsquos gender and the juryrsquos composition Bias is evident
but it is not dependent on the plaintiffrsquos gender
Any plaintiffrsquos winning percentage is substantially greater when his or her case is heard by a female-
dominated jury rather than a male-dominated jury or a gender-neutral jury The takeaway All other factors
being equal plaintiffs are best served by female jurors The equation flips when it comes to awarding
damages but thatrsquos a topic for another study
Thank you to Verdict Search for this analysis To learn more about VerdictSearch visit
wwwVerdictSearchcom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 33
Vol 13 No 8 August 2017
Fees Increase in One Week
Most filing and service fees will increase on Wednesday August 9 2017 Documents submitted for filing that are received by the Clerks office (file counter by mail or through a filing depository box) on or before August 8 will be subject to the current fees Documents received for filing on and after August 9 will be subject to the new fees Fees are posted on the Clerkrsquos website at httpwwwclerkofcourtmaricopagovfeesasp
Appeal and Cost Bond Info Online
Court rules statutes court orders or other authorities may require posting appeal or cost bonds with the Clerks Office Depending on the type of issue the parties the complexity of the case and other factors years can pass between the bond posting date and resolution of related issues During that time parties attorneys and the courts may overlook issuing a court order releasing the money The Clerks Office holds the funds until a court order directs the Clerk specifically what to do with those funds The Clerkrsquos Office has now posted lists online of bonds posted with the Clerks Office where the need for the bond may have ended and no court order was filed allowing the Clerk to return the money If you or your clients posted an appeal or cost bond in any case it is worth checking if funds are still on hold
Customers can search the online lists by party name or case number A party or their attorney must file a petition with the court requesting an order be issued directing the Clerk to release these funds The Clerks Office will only release money by court order and only as specifically directed in the order For more information about the deposit or release of these funds including specific information the Clerkrsquos Office needs before releasing money see the Clerkrsquos website at httpwwwclerkofcourtmaricopagovrelease_bondsasp The Clerks Office will only assist parties to a case or their attorneys Third-party vendors personal representatives and other non-parties must be named in a court order to obtain detailed information or to receive a payment check
Law Library Resource Center Filings Grow by Leaps and Bounds
Last year the Superior Court in Maricopa County renamed relocated and expanded its self-service center into the Law Library Resource Center (LLRC) The Clerkrsquos Office staffs a filing counter within the downtown Phoenix LLRC to allow customers a one-stop-shop for research drafting and filing court documents Filings within the LLRC have gone up every month since its establishment In January 2017 the file counter handled 406 transactions and nearly doubled that volume by the end of March 2017 with 802 transactions In June the file counter processed more than 1000 transactions Clerk staff at this window can process fee deferral applications adding to customersrsquo onsite convenience For more information about the LLRCrsquos services locations and other details see the Superior Courtrsquos website at httpswwwsuperiorcourtmaricopagovSuperiorCourtLawLibraryResourceCenter
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 34
THANK YOU
Our Charity Raffle Prize Drawing for this beautiful quilt donated by the Emmanuel Lutheran Quilters of Prescott Valley Arizona raised $350
All proceeds have been provided to Feed Hungry Children Program in Prescott Valley Arizona
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 35
Paralegal robot reviews patent documents There is a new software RoboReview that helps patent
lawyers draft applications that are more likely to pass muster with the USPTO It automates paralegal
work bringing more rigor to the task of researching prior art and potentially saving thousands of dollars
on a filing Typically this review is done by humans doing multiple searches To read more visit the
ABA Journal httpwwwabajournalcomnewsarticlepatent_document_robot_legal_review
Paralegal cries after being charged with stealing $12 million from law firm The paralegal was an
office manager for a law firm in downtown Toledo where prosecutors allege she embezzles money from
the firm and from the trust account of a disabled client between 2008 and September 2015 The suit
claims that the paralegal forged signatures and falsified bookkeeping software and other records to steal
from the firm The paralegal cried throughout the bond hearing She has been fired To read more about
this case visit httpwwwtoledobladecomCourts20170712Bond-set-at-100K-for-office-manager-
charged-with-embezzling-1-2Mhtml
Paralegal re-appointed to Florida Bar Section Priscilla Horn Warren a nationally and Florida
certified paralegal will continue to serve on the States Solo and Small Firm Section as their paralegal
representative for 2017-2018 term Warren has continuously served as paralegal liaison with the section
since 1995
Law Firm not liable for paralegal mistake on $15 bn loan A New York Judge found that the firm did
not owe a duty of case to third parties The paralegal had accidentally cancelled the security interest of a
$15 billion loan to General Motors The firm did not represent the lenders and as such did not owe a duty
to third parties JP Morgan Chase acted as lenders and its lawyers also missed the mistake The mistake
was only noticed when GM filed for bankruptcy protection in 2009 To read more visit
httpwwwgloballegalpostcombig-storiesmayer-brown-not-liable-for-paralegal-mistake-on-$15-bn-
loan-73921531
Lawyer and paralegal arrested after being found with meth pipes and other drug paraphernalia
The attorney claimed that the equipment didnt belong to him (my paralegal did it defense) To read
more visit httpwwwarkansasmatterscomnewslocal-newsconway-lawyer-and-paralegal-arrested-on-
drug-possession769588833
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 36
DIAMOND SPONSORS
National Health Finance
ABI Document Support Services
RUBY SPONSORS
Nationwide Legal Inc
Vocational Diagnostics Inc
EMERALD SPONSORS
MBA Legal Transcription
First Legal Network
LexisNexis
Coash amp Coash
Robert E ldquoBobrdquo Underdown The Insurance Archaeologist
Jones Skelton amp Hochuli
THANK YOU TO OUR SPONSORS AT OUR ANNUAL LEGAL CONFERENCE AND 40TH ANNIVERSARY CELEBRATION
Thank you to the individuals and businesses that support the Arizona Paralegal
Association in our efforts to promote and educate the paralegal community by
becoming Legal Seminar Sponsors The assistance of our sponsors has been vital in
bringing educational programs to paralegals across Arizona This Legal Seminar would
not be possible without the help of the sponsors and we hope you will join us in
PEARL SPONSORS
Compex Legal Services Inc
Kathy Hanchette Premier Designs
Robson Forensic
Parasec
Iron Mountain
Litigation Services
Fronteo
The Morton Group
Integrated Medical Evaluations Inc
Elite Medical Experts
Lynn Tofaute Yanbal Jewelry
Griffin amp Associates
Discovia
Woolston amp Tarter PC
Ottmar amp Associates
Ballard Spahr LLP
DTI Global
Thank you to these Northern Arizona sponsors who have generously donated
prizes for the Arizona Paralegal Association drawing
Murphyrsquos Restaurant Prescott Arizona
Susanne Chacon Scentsy 9287108777
Yavapai Title 9284452528
Mangum Pearce Court Reporting 9284451909
Prescott Law group PLC 9284451909
Emmanuel Lutheran Quilters Prescott Valley
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 37
Congratulations to the Arizona Paralegal Association on 40 years
1 East Washington St Suite 2300
Phoenix AZ 85004
602798-5400
wwwballardspahrcom
6024851488
wwwOtmarAssoccom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 38
APA MEMBER JOB BANK
DONrsquoT FORGET TO CHECK OUR ONLINE
JOB BANK FOR UP-TO-DATE JOB LISTINGS
at httpwwwazparalegalorgjobbank
[In order to view the online Job Bank you must login
to our new website (using your email and password)
If you experience any difficulty logging in please
contact membershipazparalegalorg for assistance]
PARALEGAL - BANKRUPTCY LITIGATION
Position Overview
Under the supervision of one or more lawyer(s) the
Paralegal assists in the delivery of quality efficient
and accessible legal services in the bankruptcy real
estate corporate andor commercial litigation practice
groups
Responsibilities
Draft routine pleadings statements affidavits
andor other legal documentation as appropriate at
the specific direction of attorneys
Prepare initial drafts of legal documents for
bankruptcy proceedings including case captions
and simple pleadings such as claim forms requests
for notice or judicial notice etc
Arrange Court Call appearances communicates
and cooperates with Court clerks on filings and
appearance requirements and interacts with Court
personnel as necessary to serve client needs
Prepare initial drafts of fee applications when
representing estate professionals and oversecured
creditors in bankruptcy cases and in connection
with fee awards in other litigation contexts
including exhibits and declarations in support
Compile documents in connection with appeals
including designations and indexes of the record
district court elections and requests for transcripts
Draft notices of appearance substitutions of
counsel documents pro hac vice applications and
corporate ownership statements
Assist with discovery-related filings including
Bankruptcy Rule 2004 examination applications
notices and orders subpoenas and notice of
servicecompliance
Manage non-judicial trustees sale process
including security instrument review public
record filing review notice drafting service
completion bid compilation sale procedures
communications with interested parties deed upon
sale drafting and all necessary public recording
and filing
Perform ECF filings and review local rules for
pleading forms notice and service requirements
Fulfill duties to deliver court copies courtesy
copies lodged order uploads in pdf or Word and
complies with all local rule requirements
Organize index and track large numbers of
documents including development of information
(Continued on page 39)
DO YOU KNOW OF A PARALEGAL POSITION AT YOUR PLACE OF EMPLOYMENT
If so advise your employer that the APA offers ad space for paralegal jobs to employers free of charge To place a job bank ad or for information on a job send an e-mail to Betsy Wolf at jobbankazparalegalorg
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 39
APA MEMBER JOB BANK
retrieval systems performs all case management
functions
Perform calendaring or docketing of information
as needed
Research and obtain information from various
courts administrative bodies public information
sources etc
Performs electronic research using PACER court
websites Westlaw and Lexis in addition to
Shepardizing and Bluebooking citations
Coordinate efforts with trials and hearings such as
taking notes handling exhibits organizing and
gathering factual information etc
Attend trials or client meetings as needed inside
and outside the office that require face-to-face
contact
Coordinate vendors in conjunction with a project
such as court reporters process servers copy
vendors etc
Track time in DTE and assures that services
provided are properly charged to the client
Track expenses for travel client meetings and
court appearances
Essential Job SpecificationsQualifications
Familiarity with pleading notice and service rules
triggered in Chapter 7 and 11 Bankruptcy Courts
Familiarity with Uniform Commercial Code
enforcement process and procedures
Familiarity with basic corporate formation
practices and procedures
Ability to perform ECF filings
Excellent computer skills including Word Excel
PowerPoint and database applications
Ability to deal professionally with all levels of
clients both internally and externally
Proven ability to solve problems work
independently and tackle projects with minimal
supervision
Ability to be flexible meet deadlines handle
pressure and adapt to changing work priorities
work flow and work assignments
Ability to effectively and respectfully
communicate verbally and in writing with other
staff lawyers management and clients
Ability to organize a large amount of data and files
into an efficient system (both electronic and
hardcopy) for easy filing and retrieval
Ability to maintain confidences as well as build
confidences and trust
Ability to pay close attention to detail
Ability to work overtime up to 10 or more hours
per week
Ability to work off-site at client location(s) for
extended periods of time
Requires the ability to regularly report to work on
the days and times scheduled or alternatively to
work flex hours depending on lawyer and client
needs
Physical Demands
Ability to work in a typical office environment and
lift up to 25 lbs NOTE Reasonable
accommodations may be made to enable
individuals with disabilities to perform the
essential functions
Travel
Ability to travel locally
EducationExperienceCertifications
Bachelors Degree andor Paralegal Certificate
Minimum of two years experience with
bankruptcy and litigation practice(s) at a law firm
Disclaimer
The above statements are intended to describe the
general nature and level of work being performed by
the incumbent in the position They are not intended
to be an exhaustive list of all responsibilities duties
and skills of the employee Duties and responsibilities
may change at any time with or without notice
(Job Bank hellip Continued from page 38)
(Continued on page 40)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 40
How to Apply Please send resume to
lisaspannbryancavecom
Equal Opportunity Employer
LITIGATION PARALEGAL - INSURANCE
DEFENSE
Jones Skelton amp Hochuli is seeking an ambitious
paralegal with 5+ years of experience in general civil
litigation and experience in State and Federal courts
The ideal candidate will have a stable work history
and exceptional communication and organizational
skills We offer a competitive salary and benefits
package and a team-oriented working environment
Please email your resume to Recruitingjshfirmcom
AAEOE
EXPERIENCED LITIGATION PARALEGAL
Dickinson Wright PLLC (Phoenix office) is in need of
a litigation paralegal
Requires a minimum of three yearsrsquo recent experience
in Arizona law
Job Description
Organize and synthesize information through the
preparation of summaries chronologies reports
spreadsheets
Draft and review routine legal documents (eg
privilege logs exhibit lists discovery disclosures
etc)
Assist attorneys on cases by providing
computerized support to help them plan organize
research analyze argue and present their cases in
a more cost and time efficient manner
Provide the day-to-day support of data
management
Assist attorney in trial preparation and set-up of
electronic equipment in the courtroom provides
court assistance as required
Assist with managing cases projects on various
levels and at various stages of the litigation
process
Candidates must have excellent communication skills
for contacting clients experts and other outside
parties have knowledge of state and federal court
rules procedures and e-filing requirements drafting
be self-motivated a team player proficient in MW
Word Outlook 2010 and a working knowledge of
document management systems Relativity and Trial
Director experience is a must
EducationalExperience requirements
Paralegal certificate from ABA school or
certification
We offer a competitive salary and benefits package
and an outstanding work environment All candidates
must submit a cover letter resume and salary history
Please email resumes to
LMandellDickinsonwrightcom
EXPERIENCED FAMILY LAW PARALEGAL
Cantor Law Group an AV-rated six-attorney family
law firm located in downtown Phoenix seeks a sharp
paralegal with at least two years of recent Arizona
family law experience In this position you will work
closely with an associate attorney to manage a case
load of 40+ cases covering a wide range of domestic
relations issues Experience with high-asset andor
DCS cases is a plus Must be a strong writer able to
draft pleadings and correspondence Exceptional
people skills are needed as there is a great deal of
client contact
An attractive compensation and benefits package is
available for the right candidate In addition to a
competitive salary and bonus opportunities we offer
an outstanding benefits package including ten paid
(Job Bank hellip Continued from page 39)
(Continued on page 41)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 41
holidays per year ten days paid vacation days yearly
five days personal paid time off yearly as well as the
availability of medical dental vision and life
insurance A 401K with a very generous employer
match is offered after one year
Requirements
2 years recent Arizona family law experience
Proactive able to handle and direct caseload with
minimal supervision
Attention to detail and excellent follow-up
Excellent analytical capabilities amp writing skills
able to draft substantive motions for attorney
review
Work well as a member of a fast-paced team
Professional appearance demeanor and attitude
Great client relations skills
Excellent computer skills including proficiency in
MS Word and other MS Office applications
Paralegal certification preferred (not required)
Knowledge of Time Matters or other case
management software a plus
Please send resumes to hrdmcantorcom
EXPERIENCED CRIMINAL DEFENSE
PARALEGAL
The Law Offices of David Michael Cantor an AV
rated criminal defense firm in Downtown Phoenix is
seeking an experienced paralegal with felony amp
misdemeanor experience to work closely with our
attorneys Our practice includes the full spectrum of
criminal charges and you will have the opportunity to
work on cases involving drug charges violent crime
sex offenses white collar crime property crime and
DUIs
The job
Proactively manage a substantial caseload without
direct supervision
Prepare and file pleadings according to attorney
instructions
Prepare trial notebooks and handle all trial prep
work
Create high quality correspondence and other
documents with little to no supervision
Maintain professional relationships with law
enforcement and prosecutors
Provide excellent customer service for our clients
Support 1-2 attorneys
We offer
Competitive compensation
Outstanding benefits including medical dental
vision lifeADampD coverage
401K with generous employer match
Paid vacation and sick time
Ten paid holidays per year
You
2+ years of private Arizona defense experience
handling both misdemeanor and felony charges
Familiar with Arizona courts and MVD
Proactive ndash needs little supervision
Great follow-up skills and attention to detail
Excellent writing skills
Professional appearance and behavior
MS Word and other MS Office applications
Keyboard speed 50+ wpm
Reliable
Enjoy being a member of a friendly team of
professionals
Experience with Abacus or other case
management software desirable
Please send resumes to hrdmcantorcom
PARALEGAL
Sentry Insurance is looking for a Paralegal to provide
litigation and administrative support to our Staff
(Job Bank hellip Continued from page 40)
(Continued on page 42)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 42
Counsel operation If you are looking for a career
with great potential choose the company with the
strength and stability to offer it all
What Yoursquoll Do
As the Paralegal yoursquoll assist the attorney staff by
performing legal activities which do not require
attorney signature client advise or appearances in
court In addition yoursquoll
Assist in the preparation of responses to discovery
under direct supervision of an attorney
Perform factual investigations and document
searches
Obtain investigative materials and policy
information
Contact insureds and other witnesses to obtain
factual statements
Coordinate scheduling of litigation activities and
witness appearances
What it Takes
Associate Degree or equivalent work experience
2-5 years of related work experience at least one
year in litigation practice
American Bar Association-Certified Paralegal
Training
Advanced knowledge of case management and
knowledge of and ability to perform legal
research
Experience with resources such as Westlaw and
Lexis
Strong analytical ability and knowledge of
litigation processes
Strong organizational and communication skills
Ability to maintain confidentiality
Strong working knowledge of the Internet
PowerPoint Excel and Word and familiarity with
legal case management software (ProLaw Clio
etc)
Ability to work independently and in multi-
jurisdictional venues
Must be able to meet travel requirements of the
job
What Yoursquoll Receive
We offer an outstanding array of benefits for our
associates including
Competitive Compensation
Group Medical Dental Vision and Life benefits
Generous Paid-Time Off - including Company
Holidays
401k plan with a dollar-for-dollar match on your
first six percent ndash immediate vesting
Access to more than 100 certification designation
and licensing courses
Career advancement opportunities
Why Sentry Insurance
Sentry employees have been helping individuals and
businesses build and protect their futures since 1904
Because of the trust placed in us Sentry is one of the
largest and strongest mutual insurance companies in
the United States and is rated A+ by AM Best the
industrys leading rating authority Sentry offers a full
line of property casualty and life insurance products
to protect businesses cars homes lives and retirement
incomes
So make the right choice - with great potential for
growth an outstanding 401(k) program and a schedule
that offers you a balance between your work and life
choose the company with the strength and stability to
offer it all Choose Sentry Insurance Sentry
Insurance is an Equal Opportunity Employer Apply
online at httpsjobssentrycomsearch119871
FULL-TIME LEGAL SECRETARY ASSISTANT
Mid-sized law office is seeking a self-motivated and
highly organized legal secretary with a minimum of 5
years of experience supporting 2 or more attorneys
Position will support multiple attorneys with case
management assistance calendaring state and federal
court filings formatting correspondence and
(Job Bank hellip Continued from page 41)
(Continued on page 43)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 43
pleadings copying mailing and other clerical duties
Optimal candidate will be able to accept and
implement directives maintain focus in hectic
environment keep attorneys informed of progress at
regular intervals and prioritize multiple projects
Working knowledge of MS Word amp Excel required
Associatersquos degree and background in litigation andor
insurance preferred EEOC Please email reacutesumeacute and
cover letter with salary requirements to
admincdslawfirmcom
EXPERIENCED PLAINTIFFS PERSONAL
INJURY LEGAL ASSISTANT
Small growing fast-paced Central Phoenix Personal
Injury Law Firm seeking full-time Legal Assistant to
join our team
Candidate must have excellent skills and 5 years
experience in a Plaintiffs Personal Injury Law Firm
with an ability to perform in a fast paced environment
Bi-lingual (SpanishEnglish) preferred but not
required Position involves significant interaction with
clients and requires attention to detail Good
organizational skills with a strong work ethic are
essential as is the ability to multi-task
Responsibilities include handling a large pre-litigation
caseload interfacing with attorneys and legal
assistants Must be proficient with MS Word Outlook
and Needles Case Management (preferred but not
necessary) Salary is competitive and DOE
Qualified candidates should e-mail resume with a
cover letter detailing their skills employment history
and salary requirements to
acoronadoblakefirmcom
(Job Bank hellip Continued from page 42)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 44
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
NALA Campus LIVE - Live web seminars are offered in two sessions each year FebruarymdashMay and AugustmdashNovember Each ses-sion features about 30 on-line seminars The audio files and handout material are copyrighted by NALA and the authors They are for personal use only Duplication of any of the material or any commercial use is strictly prohibited
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics httpswwwnalaorgcontinuing-educationwebinars NALA Campus LIVE - Live web semi-nars are offered in two sessions each year FebruarymdashMay and AugustmdashNovember Each session features about 30 on-line seminars The audio files and handout material are copy-righted by NALA and the authors They are for personal use only Dupli-cation of any of the material or any commercial use is strictly prohibited
82217 Music Law and Intellectual Property Rights
82417 So the Plaintiffrsquos on Medicare
82017 The ABCrsquos of Special Education
In addition to the Live Webinars NALA has On-Demand Webinar Courses available httpswwwnalaorgcontinuing-educationon-demand-webinar NALA also has a wide variety of available Self-Study courses as well as the Live Webinars You can access the Self-Study courses here httpswwwnalaorgcontinuing-educationself-study Many of these courses are recommended for preparing for the CP exam
NATIONAL BUSINESS INSTITUTE
wwwnbi-semscom
Live Video Webcasts
httpwwwnbi-semscomDefaultaspxVideo-WebcastsNavigationDataSource1=N63782
OnDemand amp Downloads
httpwwwnbi-semscomContentaspxst=ArizonaampNavigationDataSource1=N63932-63947
8817 Probate Boot Camp
8917 Real Estate Title and Conveyance Handling the Top
Issues
8917 Marijuana Business Legal Considerations
81417 Legal Descriptions Title Insurance and Surveys in Real
Estate Transactions
81517 Advanced Custody and Support Issues
81617 Personal Injury Trials 101
82117 Trusts from Start to Finish
82217 How to Get Your Clients Paid Debt Collection 101
82317 Bankruptcy The Ultimate Guide to Chapter 7 and 13
82817 Conflicts of Interest A Practical Legal Ethics Guide
82917 Using LLCs to Protect Assets
83017 Complex Social Security Law Issues
83017 Dealing With Problem Employees A Legal Response
Guide
And many morehellip
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 45
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
Lorman Live Webinars wwwlormancom You can find many more seminars listed at httpwwwlormancomlive-webinar
ON DEMAND WEBINARS
There are many OnDemand Webinars to choose from also
httpwwwlormancomondemand
8317 Electronic Record Retention Mistakes HR
Professionals Can Avoid
8317 HUD Section 3 Compliance Tips for Governments
8417 Paralegals Guide to Unauthorized Practice of Law
8817 Protecting High-Risk Clientsrsquo Assets Against lawsuits
8817 Tips and Tricks to Improve Your Telephone Attitude
8917 Rules and Guidelines When Dealing With Statute of
Limitations
8917 Utilizing Formulas in Microsoft Excel
81017 Early Retirement Incentives Navigating the Legal
Issues
And many more
Maricopa County Bar Association CLE CALENDAR
httpmcbasite-ymcomeventsevent_listasp
LEXIS NEXIS Paralegal Community
has some good information as well
Check it out at httplawlexisnexiscomcommunityportalarticlesdefaultaspxg=QfsTyLJ1USs=ampc=EZggD7hDKLw=
Arizona Bar Association wwwazbarorgCLE
OnDemand CLE
httpsazbarinreachcecomSearchmediaType=494a95bb-1e05-4c5b-a25f-36ad84bd4c39
82217 State Bar of Arizona Course on Professionalism
82317 Steering Clear of Malpractice Road Bumps
82417 Traffic Offenses
82517 Probate Rule 10(E)(2) Subsequent Training for Court-
Appointed Counsel
83017 A Survey of Family Law
And many more
ALA-ABI wwwali-abaorg
The ALI-ABA site has excellent online CLE courses forms printed books MP3 CDROMs CLE DVDs CLE MP3 Downloads CLE Court Materials and Course Papers
81017 Powers of Attorney Latest Legal Developments
81717 Creating and Maintaining a Paperless Practice
Improve Workflow Increase Efficiency
82317 Hot Topics in Legal Ethics
And many more
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 46
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
Organization for Legal Professionals wwwtheolporgeducation
Online Courses
Litigation Support Project Management
Paralegal Management Certificate Program
Project Management in Electronic Discovery
Computer Technology Skills for Paralegals
Legal amp EDiscovery Project Management Course
Institute of Paralegal Education httpipenbi-semscomContentaspxNavigationDataSource1=N63943 Webcasts amp Webinars httpipenbi-semscomContentaspxNavigationDataSource1=Rpp20NspEventDateSort7c1017c17cN63944-4294952056
Webcasts amp Webinars
8217 Medical records Made Easy for Paralegals
8817 Case Management for Paralegals Managing
Documents Files Calendars and Tasks
81717 A Paralegalrsquos Guide to Divorce Cases
82217 The Paralegalrsquos Guide to Probate
82317 Construction Law 101 for Paralegals
82417 Corporate Minute Books A How-To Guide for
Paralegals
82917 Smartphone Apps and Tricks for Paralegals
83017 Managing the Discovery Process A Paralegalrsquos Guide
91217 Paralegalrsquos Guide to Legal Research and Citation
Management
National Constitution Center wwwconstitutionconferencescom
8817 Legal and binding E-Contracts What Works in a Digital World
82117 Retaliation Claims Protect Clients from EEOC Charges amp Private Suits
West Legal Education wwwwestlegaledcentercom
If you know of any other sources for CLE and would like listings to be placed in this
publication please email Newsletterazparalegalorg
- Front Cover
- Table of Contents
- Board of Directors
- APA Announcements
- APA Member News
- 10 Employer Considerations in Light of Arizonas New Paid Sick Time
- Paralegals strike out on firing claims
- Wearable technology Counting the steps to a defense verdict
- August Webinar
- To Lay or Lie
- Sticky Business Etiquette Questions amp Answers
- September Webinar
- Tucson Paralegal Associations 38th Annual Seminar
- The Verdict
- The Brief
- NewBytes
- APA Job Bank
- Got CLE
-
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 16
Join us on WEDNESDAY August 9 2017 at 1200 PM for this one-hour CLE webinar by Dr Arthur Eckstat ldquoWill That Product Liability Personal Injury Claim Prevailrdquo
What yoursquoll learn
Whether you are the team pursuing a product liability personal injury claim or defending against one the
criteria for prevailing is much the same Yoursquoll learn the criteria for a valid product liability claim and further
examine red flags that can affect your ability to prevail and suggestions on how to manage them
Criteria and Red Flags discussed include but not limited to
This webinar qualifies for 1 hour of CLE credit
Cost $25 for APA members $30 non-members
LAST DAY TO REGISTER FRIDAY AUGUST 4 500 PM
Identifying party(s) responsible Evidence collecting and protecting
How and why did the injury occur Expert witnesses ndash need types roles
What really happened despite story Interrogatories ndash Use and abuse
Likelihood of substantiating negligence Costs of pursuing or defending a claim
Strict Liability criteria for prevailing Contingency fee considerations
Identifying designmanufacturing defect
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 17
Our Speaker
Dr Arthur Eckstat
Engineering Consultant and Expert Witness
Dr Arthur Eckstat has served as an Engineering Consultant amp Expert Witness for over 15 years specializing
in Products Liability Personal Injury matters including wrongful death Art is often approached by plaintiff
attorneys to support what would be an unwinnable claim He created Lawsuit Consultant
(wwwlawsuitsconsultantcom) to help Products Liability Plaintiff Attorneys learn how to choose craft and
conduct winning cases while identifying and avoiding losing or under-performing cases That service
expanded to helping Defense Attorneys and insurance companies learn how to determine the validity of injury
claims Regardless of which side of an injury claim yoursquore representing two primary questions are ldquoHow was
the claimant injuredrdquo and ldquoWhy was the claimant injuredrdquo
Art possesses a Mechanical Engineering degree and an earned Doctorate He took early retirement from the
corporate worlds of Automotive and Aerospace engineering where he received international recognition and
accolades from both internal and external customers for his unique ability to see and explain what others have
missed He has successfully bridged the breach between Academic and Practitioner Art was honored as a
Contributor to Aviation History by Donald Engen Director of the Smithsonian National Air and Space
Museum in a ceremony held at the museum in Washington DC
DEADLINE TO REGISTER August 4 at 500 pm
Premier Designs Jewelry
Kathy Hanchette
Beyond Diva Jewelry
602-264-2230
wwwArizonaCourtReporterscom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 18
A degree above all others
12th Street and Missouri
Phoenix AZ 85014
(602) 212-1445
mbatranscriptazcoxnet
Serving local and national clientele with their
legal and general transcription needs
including civil criminal personal injury
family law as well as assisting in other areas
of law
INTEGRATED MEDICAL EVALUATIONS INC
401 W Baseline Rd Suite 206
Tempe AZ 85283
6023650132
wwwimewestcom
I avoid looking I avoid looking I avoid looking
forward or forward or forward or
backward and backward and backward and
try to keep try to keep try to keep
looking upward looking upward looking upward Charlotte BronteCharlotte BronteCharlotte Bronte
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 19
Many have a problem with lie or lay How do you know when to use which one
Lay (lay laid laying) means ldquoto putrdquo or ldquoto placerdquo Because itrsquos a verb (action word) it requires an object to
complete the meaning
Please lay the groceries on the counter
She laid her resignation letter on the bossrsquos desk
He is always laying his schoolbooks on the kitchen table
Lie (lie lay lain lying) means ldquoto recline rest or stayrdquo or ldquoto take a position of restrdquo Unlike lay which re-
quires it lie cannot take an object
She said she was going to lie on the bed to test the mattress
The pleading was lying on his desk for him to sign
A way to remember the difference is that if you can replace the questionable lie or lay with place (or the correct
version of it) then you need to use the correct version of lay If it doesnrsquot use the correct version of lie
She wanted to (lay or lie) down for a nap Would you say ldquoShe wanted to place down for a naprdquo No So
the proper word would be lie
He (laid or lay) the coffee on his secretaryrsquos desk Is it ldquoHe placed the coffee on his secretaryrsquos deskrdquo Yes
Then laid is correct
Another reminder hint might be if you are going to plAce something then you are going to lAy it but if you
are going to rEst you are going to liE
Thanks to Kathy Sieckman PP PLS-SC ACP of wwwProofthatblogcom for the above
To Lay
or Lie
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 20
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 21
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 22
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 23
Occasionally we all come across
situations in which we wonder
Would Miss Manners approve But
in the digital age of social
networking the etiquette lines can
become even blurrier Following are
some common sticky business
etiquette questions and tips to help
tackle them
Social Media
Should I personalize my LinkedIn requests to
connect with others
Its perfectly fine to use the form letter and in fact
most people do it for convenience even when
connecting with close contacts But if you wish to
connect to someone you havent seen in a while take
the time to personalize the message and explain how
youve met
How do I keep my manager from getting wind of
my job search using LinkedIn
If you consistently have a voice share opinions and
articles and tend to your audience and your network
as a daily routine mdash and not just when youre looking
for work mdash then when its time to find that next career
opportunity none of your activity will look out of the
ordinary But its not smart to immediately update your
LinkedIn profile by adding a large number of new
contacts fleshing out your profile and soliciting
recommendations Adjust your settings so you dont
broadcast activity youre not willing to share Pay
particular attention to the Opportunity Preferences
section under Contact Settings If you say you are
interested in career opportunities you could be
sending a red flag to your manager You can gain
exposure among your peers by joining groups related
to your professional field Many recruiters are
members and scan the roster for potential hires
Contribute to the discussion and establish yourself as a
subject matter expert to catch their interest
Should I friend my boss or coworkers
This is the $64000 question and the feelings of those
on the receiving end may provide the answer (See
Thinking About Friending Your Boss on
Facebook on Page 10 of Business Etiquette The
New Rules in a Digital Age) If you do connect utilize
privacy settings and different friend lists to control
how mdash and with whom mdash you share content Be
sensitive to your professional environment some
industries or companies are much more engaged in
digital networking than others If youre starting a new
job take your cue from others before sending out
friend requests to your new colleagues
Can Facebook postings hurt my job search
A good rule of thumb is to always post prudently If
you dont want your employer to see it get rid of it A
recent survey by our firm revealed that 44 percent of
executives review the Facebook presence of potential
hires Even if your account is just for fun keep it in
check To put your Facebook on a privacy lockdown
click on the drop-down Account menu in the top
right corner and select Privacy Settings Keep in
mind that Facebook may change its privacy features at
(Continued on page 24)
Sticky Business Etiquette Questions amp Answers
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 24
any time and you might not be aware of the changes
when they occur Always assume that anything you
post online may become public
Should I use Facebook at work
Maybe if its for work-related purposes and not just
keeping your friends updated on your weekend
activities Then again maybe not Thirty-eight percent
of chief information officers interviewed by Robert
Half have implemented stricter social networking
policies as these tools have become more prevalent in
the workplace If youre not sure what rules your firm
has in place check with your manager or human
resources representative Your best bet is your own
good judgment Just as you would expect to restrict
personal phone calls or conversation at work you
should limit personal use of social networking
platforms too
Whats the right way to decline a request to
connect with someone
While an automated No thank you could make our
lives easier no response at all might be your best bet
Dont feel pressured to connect with someone you
would rather not form a relationship with and dont
feel the need to explain your decision If you expect
you might run into the individual in person be
prepared in case you are confronted about it Simply
click Ignore especially if the person is a stranger
If someone follows me on Twitter should I
automatically follow him or her back
No because you may end up unfollowing the person
later Before following people check out their feed
bio and previous tweets to get a sense of them or their
organization and determine if youll be interested in
seeing the kind of content they share Although its
considered good etiquette to follow someone back
dont do it indiscriminately Its your feed and you
want to make it valuable to you
Emails and Conference Calls
Uh oh I sent a confidential email to the wrong
person What do I do now
Its not a lost cause and there are a few steps you can
take First try to use the recall function of your email
program But keep in mind that not all applications
offer this option and various factors can affect how
successful it is If this step doesnt solve the problem
you need to limit the impact of your mistake Contact
those who are affected the recipient and possibly the
person to whom you intended to send the message
Explain your error and if you need their help
correcting it You also may need to inform your
manager of the mistake
How responsive should I be to e-mail when Im on
vacation
It depends on whether you want to have a real
vacation If your Out of Office says youre not
checking e-mail on vacation dont check and respond
to messages Doing so changes expectations and
implies youre more accessible than you said youd be
Instead be considerate to others needs while you are
out and list a back-up contact in your Out of Office
auto response
I forgot to attach a file before sending an emailhellip
again How can I avoid this in the future
Slow down Everyone forgets to attach a file from
time to time because theyre in a rush But repeatedly
making this mistake can cause your colleagues to
question your attention to detail Going forward try
attaching your file before you compose your message
This way you can be sure it makes it to the recipient
Just make sure you attach the right file
How can I prevent my colleagues from scheduling
conference calls over lunch
Everyone should have a chance to eat lunch Often
people simply look for an open spot on others
calendars when scheduling a meeting So you might
consider blocking out your lunch hour to ensure you
have time to grab a bite to eat Although it may be
unavoidable to meet during this time on occasion you
might find that this simple step helps you out
Thanks to Robert Half for this information To learn more about
Robert Half visit wwwroberthalfcom
(Sticky Business hellip Continued from page 23)
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 25
3150 N 24th Street
Suite D-104
Phoenix AZ 85016
6022569700
The Nationwide Legal LLC team provides a
broad spectrum of comprehensive legal support
services at an unparalleled level of quality NWL
utilizes state-of-the-art technology to deliver
practical and cost-effective solutions for all of
your legal support service needs wwwNationwideASAPcom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 26
BILLING
BLUNDERS AND
FEE AGREEMENT
ESSENTIALS Speaker
Lynda C Shely
Esq
Ethics Lawyer
Speaker
Consultant
APA WEBINAR
Wednesday September 13 2017
1200-100 pm
COST APA Members $25 (or use your free 2017 webinar coupon) All others $30
This webinar qualifies for 1 hour Ethics CLE credit
Lynda C Shely of The Shely Firm PC Scottsdale Arizona provides ethics advice to over 1500 law firms in Arizona and the
District of Columbia on a variety of topics including conflicts of interest fees and billing trust account procedures lawyer
transitions multi-jurisdictional practice ancillary businesses and ethics requirements for law firm advertisingmarketing She also
assists lawyers in responding to initial Bar charges performs law office risk management reviews and trains law firm staff in
ethics requirements Lynda serves as an expert witness and frequently presents continuing legal education programs around the
country Prior to opening her own firm she was the Director of Lawyer Ethics for the State Bar of Arizona Prior to moving to
Arizona Prior to moving to Arizona Lynda was an intellectual propertyantitrust associate with Morgan Lewis amp Bockius in
Washington DC Lynda received her BA from Franklin amp Marshall College in Lancaster PA and her JD from Catholic
University in Washington DC
Lynda was the 2015-2016 President of the Association of Professional Responsibility Lawyers She serves on several State Bar of
Arizona Committees and as a liaison to the ABA Standing Committee on Ethics and Professional Responsibility She is an
Arizona Delegate in the ABA House of Delegates Lynda has received several awards for her contributions to the legal profession
including the 2007 State Bar of Arizona Member of the Year award the Scottsdale Bar Associationrsquos 2010 Award of Excellence
and the 2015 AWLA Maricopa Chapter Ruth V McGregor award She is a prior chair of the ABA Standing Committee on
Client Protection and a past member of the ABArsquos Professionalism Committee and Center for Professional Responsibility
Conference Planning Committee Lynda was the 2008-2009 President of the Scottsdale Bar Association She has been an adjunct
professor at all three Arizona law schools teaching professional responsibility
LAST DAY TO REGISTER FRIDAY September 8 2017 at 500 PM
Click Here to Register httpazparalegalorgevent-2588123
Ethical and practical considerations for all firms ndash even those that think they do not need to
track hourly time Lynda will review what clauses are mandatory for all fee agreements in Ar-
izona as well as clauses that will help with client communications and expectations Billing
tips will go over the five things to never do in a time entry why block billing is prohibited in
Arizona how to get paid faster and common mistakes made in client invoices
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 27
WOOLSTON amp TARTER PC AUDIT DEFENSE amp TAX LITIGATION
Congratulations to the Arizona
Paralegal Association on 40
successful years of promoting the
paralegal profession
In just about every area of society therersquos nothing more important than ethics
Henry Paulson
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 28
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 29
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 30
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 31
Jason Bagley
Senior Territory Manager
(602) 559-4587
jasonbagleylexisnexiscom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 32
GENDER EQUALITY
The process of voir dire sometimes includes
subtle and not-so-subtle attempts at gender
stacking of jurors to prevent or create bias
toward a plaintiff Other demographic factors
may be more influential but gender is still
important though not necessarily in the way
one would suspect
The accompanying chart based on California New York and Texas cases reported to VerdictSearch depicts
plaintiffsrsquo winning percentages according to the plaintiffrsquos gender and the juryrsquos composition Bias is evident
but it is not dependent on the plaintiffrsquos gender
Any plaintiffrsquos winning percentage is substantially greater when his or her case is heard by a female-
dominated jury rather than a male-dominated jury or a gender-neutral jury The takeaway All other factors
being equal plaintiffs are best served by female jurors The equation flips when it comes to awarding
damages but thatrsquos a topic for another study
Thank you to Verdict Search for this analysis To learn more about VerdictSearch visit
wwwVerdictSearchcom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 33
Vol 13 No 8 August 2017
Fees Increase in One Week
Most filing and service fees will increase on Wednesday August 9 2017 Documents submitted for filing that are received by the Clerks office (file counter by mail or through a filing depository box) on or before August 8 will be subject to the current fees Documents received for filing on and after August 9 will be subject to the new fees Fees are posted on the Clerkrsquos website at httpwwwclerkofcourtmaricopagovfeesasp
Appeal and Cost Bond Info Online
Court rules statutes court orders or other authorities may require posting appeal or cost bonds with the Clerks Office Depending on the type of issue the parties the complexity of the case and other factors years can pass between the bond posting date and resolution of related issues During that time parties attorneys and the courts may overlook issuing a court order releasing the money The Clerks Office holds the funds until a court order directs the Clerk specifically what to do with those funds The Clerkrsquos Office has now posted lists online of bonds posted with the Clerks Office where the need for the bond may have ended and no court order was filed allowing the Clerk to return the money If you or your clients posted an appeal or cost bond in any case it is worth checking if funds are still on hold
Customers can search the online lists by party name or case number A party or their attorney must file a petition with the court requesting an order be issued directing the Clerk to release these funds The Clerks Office will only release money by court order and only as specifically directed in the order For more information about the deposit or release of these funds including specific information the Clerkrsquos Office needs before releasing money see the Clerkrsquos website at httpwwwclerkofcourtmaricopagovrelease_bondsasp The Clerks Office will only assist parties to a case or their attorneys Third-party vendors personal representatives and other non-parties must be named in a court order to obtain detailed information or to receive a payment check
Law Library Resource Center Filings Grow by Leaps and Bounds
Last year the Superior Court in Maricopa County renamed relocated and expanded its self-service center into the Law Library Resource Center (LLRC) The Clerkrsquos Office staffs a filing counter within the downtown Phoenix LLRC to allow customers a one-stop-shop for research drafting and filing court documents Filings within the LLRC have gone up every month since its establishment In January 2017 the file counter handled 406 transactions and nearly doubled that volume by the end of March 2017 with 802 transactions In June the file counter processed more than 1000 transactions Clerk staff at this window can process fee deferral applications adding to customersrsquo onsite convenience For more information about the LLRCrsquos services locations and other details see the Superior Courtrsquos website at httpswwwsuperiorcourtmaricopagovSuperiorCourtLawLibraryResourceCenter
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 34
THANK YOU
Our Charity Raffle Prize Drawing for this beautiful quilt donated by the Emmanuel Lutheran Quilters of Prescott Valley Arizona raised $350
All proceeds have been provided to Feed Hungry Children Program in Prescott Valley Arizona
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 35
Paralegal robot reviews patent documents There is a new software RoboReview that helps patent
lawyers draft applications that are more likely to pass muster with the USPTO It automates paralegal
work bringing more rigor to the task of researching prior art and potentially saving thousands of dollars
on a filing Typically this review is done by humans doing multiple searches To read more visit the
ABA Journal httpwwwabajournalcomnewsarticlepatent_document_robot_legal_review
Paralegal cries after being charged with stealing $12 million from law firm The paralegal was an
office manager for a law firm in downtown Toledo where prosecutors allege she embezzles money from
the firm and from the trust account of a disabled client between 2008 and September 2015 The suit
claims that the paralegal forged signatures and falsified bookkeeping software and other records to steal
from the firm The paralegal cried throughout the bond hearing She has been fired To read more about
this case visit httpwwwtoledobladecomCourts20170712Bond-set-at-100K-for-office-manager-
charged-with-embezzling-1-2Mhtml
Paralegal re-appointed to Florida Bar Section Priscilla Horn Warren a nationally and Florida
certified paralegal will continue to serve on the States Solo and Small Firm Section as their paralegal
representative for 2017-2018 term Warren has continuously served as paralegal liaison with the section
since 1995
Law Firm not liable for paralegal mistake on $15 bn loan A New York Judge found that the firm did
not owe a duty of case to third parties The paralegal had accidentally cancelled the security interest of a
$15 billion loan to General Motors The firm did not represent the lenders and as such did not owe a duty
to third parties JP Morgan Chase acted as lenders and its lawyers also missed the mistake The mistake
was only noticed when GM filed for bankruptcy protection in 2009 To read more visit
httpwwwgloballegalpostcombig-storiesmayer-brown-not-liable-for-paralegal-mistake-on-$15-bn-
loan-73921531
Lawyer and paralegal arrested after being found with meth pipes and other drug paraphernalia
The attorney claimed that the equipment didnt belong to him (my paralegal did it defense) To read
more visit httpwwwarkansasmatterscomnewslocal-newsconway-lawyer-and-paralegal-arrested-on-
drug-possession769588833
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 36
DIAMOND SPONSORS
National Health Finance
ABI Document Support Services
RUBY SPONSORS
Nationwide Legal Inc
Vocational Diagnostics Inc
EMERALD SPONSORS
MBA Legal Transcription
First Legal Network
LexisNexis
Coash amp Coash
Robert E ldquoBobrdquo Underdown The Insurance Archaeologist
Jones Skelton amp Hochuli
THANK YOU TO OUR SPONSORS AT OUR ANNUAL LEGAL CONFERENCE AND 40TH ANNIVERSARY CELEBRATION
Thank you to the individuals and businesses that support the Arizona Paralegal
Association in our efforts to promote and educate the paralegal community by
becoming Legal Seminar Sponsors The assistance of our sponsors has been vital in
bringing educational programs to paralegals across Arizona This Legal Seminar would
not be possible without the help of the sponsors and we hope you will join us in
PEARL SPONSORS
Compex Legal Services Inc
Kathy Hanchette Premier Designs
Robson Forensic
Parasec
Iron Mountain
Litigation Services
Fronteo
The Morton Group
Integrated Medical Evaluations Inc
Elite Medical Experts
Lynn Tofaute Yanbal Jewelry
Griffin amp Associates
Discovia
Woolston amp Tarter PC
Ottmar amp Associates
Ballard Spahr LLP
DTI Global
Thank you to these Northern Arizona sponsors who have generously donated
prizes for the Arizona Paralegal Association drawing
Murphyrsquos Restaurant Prescott Arizona
Susanne Chacon Scentsy 9287108777
Yavapai Title 9284452528
Mangum Pearce Court Reporting 9284451909
Prescott Law group PLC 9284451909
Emmanuel Lutheran Quilters Prescott Valley
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 37
Congratulations to the Arizona Paralegal Association on 40 years
1 East Washington St Suite 2300
Phoenix AZ 85004
602798-5400
wwwballardspahrcom
6024851488
wwwOtmarAssoccom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 38
APA MEMBER JOB BANK
DONrsquoT FORGET TO CHECK OUR ONLINE
JOB BANK FOR UP-TO-DATE JOB LISTINGS
at httpwwwazparalegalorgjobbank
[In order to view the online Job Bank you must login
to our new website (using your email and password)
If you experience any difficulty logging in please
contact membershipazparalegalorg for assistance]
PARALEGAL - BANKRUPTCY LITIGATION
Position Overview
Under the supervision of one or more lawyer(s) the
Paralegal assists in the delivery of quality efficient
and accessible legal services in the bankruptcy real
estate corporate andor commercial litigation practice
groups
Responsibilities
Draft routine pleadings statements affidavits
andor other legal documentation as appropriate at
the specific direction of attorneys
Prepare initial drafts of legal documents for
bankruptcy proceedings including case captions
and simple pleadings such as claim forms requests
for notice or judicial notice etc
Arrange Court Call appearances communicates
and cooperates with Court clerks on filings and
appearance requirements and interacts with Court
personnel as necessary to serve client needs
Prepare initial drafts of fee applications when
representing estate professionals and oversecured
creditors in bankruptcy cases and in connection
with fee awards in other litigation contexts
including exhibits and declarations in support
Compile documents in connection with appeals
including designations and indexes of the record
district court elections and requests for transcripts
Draft notices of appearance substitutions of
counsel documents pro hac vice applications and
corporate ownership statements
Assist with discovery-related filings including
Bankruptcy Rule 2004 examination applications
notices and orders subpoenas and notice of
servicecompliance
Manage non-judicial trustees sale process
including security instrument review public
record filing review notice drafting service
completion bid compilation sale procedures
communications with interested parties deed upon
sale drafting and all necessary public recording
and filing
Perform ECF filings and review local rules for
pleading forms notice and service requirements
Fulfill duties to deliver court copies courtesy
copies lodged order uploads in pdf or Word and
complies with all local rule requirements
Organize index and track large numbers of
documents including development of information
(Continued on page 39)
DO YOU KNOW OF A PARALEGAL POSITION AT YOUR PLACE OF EMPLOYMENT
If so advise your employer that the APA offers ad space for paralegal jobs to employers free of charge To place a job bank ad or for information on a job send an e-mail to Betsy Wolf at jobbankazparalegalorg
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 39
APA MEMBER JOB BANK
retrieval systems performs all case management
functions
Perform calendaring or docketing of information
as needed
Research and obtain information from various
courts administrative bodies public information
sources etc
Performs electronic research using PACER court
websites Westlaw and Lexis in addition to
Shepardizing and Bluebooking citations
Coordinate efforts with trials and hearings such as
taking notes handling exhibits organizing and
gathering factual information etc
Attend trials or client meetings as needed inside
and outside the office that require face-to-face
contact
Coordinate vendors in conjunction with a project
such as court reporters process servers copy
vendors etc
Track time in DTE and assures that services
provided are properly charged to the client
Track expenses for travel client meetings and
court appearances
Essential Job SpecificationsQualifications
Familiarity with pleading notice and service rules
triggered in Chapter 7 and 11 Bankruptcy Courts
Familiarity with Uniform Commercial Code
enforcement process and procedures
Familiarity with basic corporate formation
practices and procedures
Ability to perform ECF filings
Excellent computer skills including Word Excel
PowerPoint and database applications
Ability to deal professionally with all levels of
clients both internally and externally
Proven ability to solve problems work
independently and tackle projects with minimal
supervision
Ability to be flexible meet deadlines handle
pressure and adapt to changing work priorities
work flow and work assignments
Ability to effectively and respectfully
communicate verbally and in writing with other
staff lawyers management and clients
Ability to organize a large amount of data and files
into an efficient system (both electronic and
hardcopy) for easy filing and retrieval
Ability to maintain confidences as well as build
confidences and trust
Ability to pay close attention to detail
Ability to work overtime up to 10 or more hours
per week
Ability to work off-site at client location(s) for
extended periods of time
Requires the ability to regularly report to work on
the days and times scheduled or alternatively to
work flex hours depending on lawyer and client
needs
Physical Demands
Ability to work in a typical office environment and
lift up to 25 lbs NOTE Reasonable
accommodations may be made to enable
individuals with disabilities to perform the
essential functions
Travel
Ability to travel locally
EducationExperienceCertifications
Bachelors Degree andor Paralegal Certificate
Minimum of two years experience with
bankruptcy and litigation practice(s) at a law firm
Disclaimer
The above statements are intended to describe the
general nature and level of work being performed by
the incumbent in the position They are not intended
to be an exhaustive list of all responsibilities duties
and skills of the employee Duties and responsibilities
may change at any time with or without notice
(Job Bank hellip Continued from page 38)
(Continued on page 40)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 40
How to Apply Please send resume to
lisaspannbryancavecom
Equal Opportunity Employer
LITIGATION PARALEGAL - INSURANCE
DEFENSE
Jones Skelton amp Hochuli is seeking an ambitious
paralegal with 5+ years of experience in general civil
litigation and experience in State and Federal courts
The ideal candidate will have a stable work history
and exceptional communication and organizational
skills We offer a competitive salary and benefits
package and a team-oriented working environment
Please email your resume to Recruitingjshfirmcom
AAEOE
EXPERIENCED LITIGATION PARALEGAL
Dickinson Wright PLLC (Phoenix office) is in need of
a litigation paralegal
Requires a minimum of three yearsrsquo recent experience
in Arizona law
Job Description
Organize and synthesize information through the
preparation of summaries chronologies reports
spreadsheets
Draft and review routine legal documents (eg
privilege logs exhibit lists discovery disclosures
etc)
Assist attorneys on cases by providing
computerized support to help them plan organize
research analyze argue and present their cases in
a more cost and time efficient manner
Provide the day-to-day support of data
management
Assist attorney in trial preparation and set-up of
electronic equipment in the courtroom provides
court assistance as required
Assist with managing cases projects on various
levels and at various stages of the litigation
process
Candidates must have excellent communication skills
for contacting clients experts and other outside
parties have knowledge of state and federal court
rules procedures and e-filing requirements drafting
be self-motivated a team player proficient in MW
Word Outlook 2010 and a working knowledge of
document management systems Relativity and Trial
Director experience is a must
EducationalExperience requirements
Paralegal certificate from ABA school or
certification
We offer a competitive salary and benefits package
and an outstanding work environment All candidates
must submit a cover letter resume and salary history
Please email resumes to
LMandellDickinsonwrightcom
EXPERIENCED FAMILY LAW PARALEGAL
Cantor Law Group an AV-rated six-attorney family
law firm located in downtown Phoenix seeks a sharp
paralegal with at least two years of recent Arizona
family law experience In this position you will work
closely with an associate attorney to manage a case
load of 40+ cases covering a wide range of domestic
relations issues Experience with high-asset andor
DCS cases is a plus Must be a strong writer able to
draft pleadings and correspondence Exceptional
people skills are needed as there is a great deal of
client contact
An attractive compensation and benefits package is
available for the right candidate In addition to a
competitive salary and bonus opportunities we offer
an outstanding benefits package including ten paid
(Job Bank hellip Continued from page 39)
(Continued on page 41)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 41
holidays per year ten days paid vacation days yearly
five days personal paid time off yearly as well as the
availability of medical dental vision and life
insurance A 401K with a very generous employer
match is offered after one year
Requirements
2 years recent Arizona family law experience
Proactive able to handle and direct caseload with
minimal supervision
Attention to detail and excellent follow-up
Excellent analytical capabilities amp writing skills
able to draft substantive motions for attorney
review
Work well as a member of a fast-paced team
Professional appearance demeanor and attitude
Great client relations skills
Excellent computer skills including proficiency in
MS Word and other MS Office applications
Paralegal certification preferred (not required)
Knowledge of Time Matters or other case
management software a plus
Please send resumes to hrdmcantorcom
EXPERIENCED CRIMINAL DEFENSE
PARALEGAL
The Law Offices of David Michael Cantor an AV
rated criminal defense firm in Downtown Phoenix is
seeking an experienced paralegal with felony amp
misdemeanor experience to work closely with our
attorneys Our practice includes the full spectrum of
criminal charges and you will have the opportunity to
work on cases involving drug charges violent crime
sex offenses white collar crime property crime and
DUIs
The job
Proactively manage a substantial caseload without
direct supervision
Prepare and file pleadings according to attorney
instructions
Prepare trial notebooks and handle all trial prep
work
Create high quality correspondence and other
documents with little to no supervision
Maintain professional relationships with law
enforcement and prosecutors
Provide excellent customer service for our clients
Support 1-2 attorneys
We offer
Competitive compensation
Outstanding benefits including medical dental
vision lifeADampD coverage
401K with generous employer match
Paid vacation and sick time
Ten paid holidays per year
You
2+ years of private Arizona defense experience
handling both misdemeanor and felony charges
Familiar with Arizona courts and MVD
Proactive ndash needs little supervision
Great follow-up skills and attention to detail
Excellent writing skills
Professional appearance and behavior
MS Word and other MS Office applications
Keyboard speed 50+ wpm
Reliable
Enjoy being a member of a friendly team of
professionals
Experience with Abacus or other case
management software desirable
Please send resumes to hrdmcantorcom
PARALEGAL
Sentry Insurance is looking for a Paralegal to provide
litigation and administrative support to our Staff
(Job Bank hellip Continued from page 40)
(Continued on page 42)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 42
Counsel operation If you are looking for a career
with great potential choose the company with the
strength and stability to offer it all
What Yoursquoll Do
As the Paralegal yoursquoll assist the attorney staff by
performing legal activities which do not require
attorney signature client advise or appearances in
court In addition yoursquoll
Assist in the preparation of responses to discovery
under direct supervision of an attorney
Perform factual investigations and document
searches
Obtain investigative materials and policy
information
Contact insureds and other witnesses to obtain
factual statements
Coordinate scheduling of litigation activities and
witness appearances
What it Takes
Associate Degree or equivalent work experience
2-5 years of related work experience at least one
year in litigation practice
American Bar Association-Certified Paralegal
Training
Advanced knowledge of case management and
knowledge of and ability to perform legal
research
Experience with resources such as Westlaw and
Lexis
Strong analytical ability and knowledge of
litigation processes
Strong organizational and communication skills
Ability to maintain confidentiality
Strong working knowledge of the Internet
PowerPoint Excel and Word and familiarity with
legal case management software (ProLaw Clio
etc)
Ability to work independently and in multi-
jurisdictional venues
Must be able to meet travel requirements of the
job
What Yoursquoll Receive
We offer an outstanding array of benefits for our
associates including
Competitive Compensation
Group Medical Dental Vision and Life benefits
Generous Paid-Time Off - including Company
Holidays
401k plan with a dollar-for-dollar match on your
first six percent ndash immediate vesting
Access to more than 100 certification designation
and licensing courses
Career advancement opportunities
Why Sentry Insurance
Sentry employees have been helping individuals and
businesses build and protect their futures since 1904
Because of the trust placed in us Sentry is one of the
largest and strongest mutual insurance companies in
the United States and is rated A+ by AM Best the
industrys leading rating authority Sentry offers a full
line of property casualty and life insurance products
to protect businesses cars homes lives and retirement
incomes
So make the right choice - with great potential for
growth an outstanding 401(k) program and a schedule
that offers you a balance between your work and life
choose the company with the strength and stability to
offer it all Choose Sentry Insurance Sentry
Insurance is an Equal Opportunity Employer Apply
online at httpsjobssentrycomsearch119871
FULL-TIME LEGAL SECRETARY ASSISTANT
Mid-sized law office is seeking a self-motivated and
highly organized legal secretary with a minimum of 5
years of experience supporting 2 or more attorneys
Position will support multiple attorneys with case
management assistance calendaring state and federal
court filings formatting correspondence and
(Job Bank hellip Continued from page 41)
(Continued on page 43)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 43
pleadings copying mailing and other clerical duties
Optimal candidate will be able to accept and
implement directives maintain focus in hectic
environment keep attorneys informed of progress at
regular intervals and prioritize multiple projects
Working knowledge of MS Word amp Excel required
Associatersquos degree and background in litigation andor
insurance preferred EEOC Please email reacutesumeacute and
cover letter with salary requirements to
admincdslawfirmcom
EXPERIENCED PLAINTIFFS PERSONAL
INJURY LEGAL ASSISTANT
Small growing fast-paced Central Phoenix Personal
Injury Law Firm seeking full-time Legal Assistant to
join our team
Candidate must have excellent skills and 5 years
experience in a Plaintiffs Personal Injury Law Firm
with an ability to perform in a fast paced environment
Bi-lingual (SpanishEnglish) preferred but not
required Position involves significant interaction with
clients and requires attention to detail Good
organizational skills with a strong work ethic are
essential as is the ability to multi-task
Responsibilities include handling a large pre-litigation
caseload interfacing with attorneys and legal
assistants Must be proficient with MS Word Outlook
and Needles Case Management (preferred but not
necessary) Salary is competitive and DOE
Qualified candidates should e-mail resume with a
cover letter detailing their skills employment history
and salary requirements to
acoronadoblakefirmcom
(Job Bank hellip Continued from page 42)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 44
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
NALA Campus LIVE - Live web seminars are offered in two sessions each year FebruarymdashMay and AugustmdashNovember Each ses-sion features about 30 on-line seminars The audio files and handout material are copyrighted by NALA and the authors They are for personal use only Duplication of any of the material or any commercial use is strictly prohibited
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics httpswwwnalaorgcontinuing-educationwebinars NALA Campus LIVE - Live web semi-nars are offered in two sessions each year FebruarymdashMay and AugustmdashNovember Each session features about 30 on-line seminars The audio files and handout material are copy-righted by NALA and the authors They are for personal use only Dupli-cation of any of the material or any commercial use is strictly prohibited
82217 Music Law and Intellectual Property Rights
82417 So the Plaintiffrsquos on Medicare
82017 The ABCrsquos of Special Education
In addition to the Live Webinars NALA has On-Demand Webinar Courses available httpswwwnalaorgcontinuing-educationon-demand-webinar NALA also has a wide variety of available Self-Study courses as well as the Live Webinars You can access the Self-Study courses here httpswwwnalaorgcontinuing-educationself-study Many of these courses are recommended for preparing for the CP exam
NATIONAL BUSINESS INSTITUTE
wwwnbi-semscom
Live Video Webcasts
httpwwwnbi-semscomDefaultaspxVideo-WebcastsNavigationDataSource1=N63782
OnDemand amp Downloads
httpwwwnbi-semscomContentaspxst=ArizonaampNavigationDataSource1=N63932-63947
8817 Probate Boot Camp
8917 Real Estate Title and Conveyance Handling the Top
Issues
8917 Marijuana Business Legal Considerations
81417 Legal Descriptions Title Insurance and Surveys in Real
Estate Transactions
81517 Advanced Custody and Support Issues
81617 Personal Injury Trials 101
82117 Trusts from Start to Finish
82217 How to Get Your Clients Paid Debt Collection 101
82317 Bankruptcy The Ultimate Guide to Chapter 7 and 13
82817 Conflicts of Interest A Practical Legal Ethics Guide
82917 Using LLCs to Protect Assets
83017 Complex Social Security Law Issues
83017 Dealing With Problem Employees A Legal Response
Guide
And many morehellip
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 45
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
Lorman Live Webinars wwwlormancom You can find many more seminars listed at httpwwwlormancomlive-webinar
ON DEMAND WEBINARS
There are many OnDemand Webinars to choose from also
httpwwwlormancomondemand
8317 Electronic Record Retention Mistakes HR
Professionals Can Avoid
8317 HUD Section 3 Compliance Tips for Governments
8417 Paralegals Guide to Unauthorized Practice of Law
8817 Protecting High-Risk Clientsrsquo Assets Against lawsuits
8817 Tips and Tricks to Improve Your Telephone Attitude
8917 Rules and Guidelines When Dealing With Statute of
Limitations
8917 Utilizing Formulas in Microsoft Excel
81017 Early Retirement Incentives Navigating the Legal
Issues
And many more
Maricopa County Bar Association CLE CALENDAR
httpmcbasite-ymcomeventsevent_listasp
LEXIS NEXIS Paralegal Community
has some good information as well
Check it out at httplawlexisnexiscomcommunityportalarticlesdefaultaspxg=QfsTyLJ1USs=ampc=EZggD7hDKLw=
Arizona Bar Association wwwazbarorgCLE
OnDemand CLE
httpsazbarinreachcecomSearchmediaType=494a95bb-1e05-4c5b-a25f-36ad84bd4c39
82217 State Bar of Arizona Course on Professionalism
82317 Steering Clear of Malpractice Road Bumps
82417 Traffic Offenses
82517 Probate Rule 10(E)(2) Subsequent Training for Court-
Appointed Counsel
83017 A Survey of Family Law
And many more
ALA-ABI wwwali-abaorg
The ALI-ABA site has excellent online CLE courses forms printed books MP3 CDROMs CLE DVDs CLE MP3 Downloads CLE Court Materials and Course Papers
81017 Powers of Attorney Latest Legal Developments
81717 Creating and Maintaining a Paperless Practice
Improve Workflow Increase Efficiency
82317 Hot Topics in Legal Ethics
And many more
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 46
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
Organization for Legal Professionals wwwtheolporgeducation
Online Courses
Litigation Support Project Management
Paralegal Management Certificate Program
Project Management in Electronic Discovery
Computer Technology Skills for Paralegals
Legal amp EDiscovery Project Management Course
Institute of Paralegal Education httpipenbi-semscomContentaspxNavigationDataSource1=N63943 Webcasts amp Webinars httpipenbi-semscomContentaspxNavigationDataSource1=Rpp20NspEventDateSort7c1017c17cN63944-4294952056
Webcasts amp Webinars
8217 Medical records Made Easy for Paralegals
8817 Case Management for Paralegals Managing
Documents Files Calendars and Tasks
81717 A Paralegalrsquos Guide to Divorce Cases
82217 The Paralegalrsquos Guide to Probate
82317 Construction Law 101 for Paralegals
82417 Corporate Minute Books A How-To Guide for
Paralegals
82917 Smartphone Apps and Tricks for Paralegals
83017 Managing the Discovery Process A Paralegalrsquos Guide
91217 Paralegalrsquos Guide to Legal Research and Citation
Management
National Constitution Center wwwconstitutionconferencescom
8817 Legal and binding E-Contracts What Works in a Digital World
82117 Retaliation Claims Protect Clients from EEOC Charges amp Private Suits
West Legal Education wwwwestlegaledcentercom
If you know of any other sources for CLE and would like listings to be placed in this
publication please email Newsletterazparalegalorg
- Front Cover
- Table of Contents
- Board of Directors
- APA Announcements
- APA Member News
- 10 Employer Considerations in Light of Arizonas New Paid Sick Time
- Paralegals strike out on firing claims
- Wearable technology Counting the steps to a defense verdict
- August Webinar
- To Lay or Lie
- Sticky Business Etiquette Questions amp Answers
- September Webinar
- Tucson Paralegal Associations 38th Annual Seminar
- The Verdict
- The Brief
- NewBytes
- APA Job Bank
- Got CLE
-
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 17
Our Speaker
Dr Arthur Eckstat
Engineering Consultant and Expert Witness
Dr Arthur Eckstat has served as an Engineering Consultant amp Expert Witness for over 15 years specializing
in Products Liability Personal Injury matters including wrongful death Art is often approached by plaintiff
attorneys to support what would be an unwinnable claim He created Lawsuit Consultant
(wwwlawsuitsconsultantcom) to help Products Liability Plaintiff Attorneys learn how to choose craft and
conduct winning cases while identifying and avoiding losing or under-performing cases That service
expanded to helping Defense Attorneys and insurance companies learn how to determine the validity of injury
claims Regardless of which side of an injury claim yoursquore representing two primary questions are ldquoHow was
the claimant injuredrdquo and ldquoWhy was the claimant injuredrdquo
Art possesses a Mechanical Engineering degree and an earned Doctorate He took early retirement from the
corporate worlds of Automotive and Aerospace engineering where he received international recognition and
accolades from both internal and external customers for his unique ability to see and explain what others have
missed He has successfully bridged the breach between Academic and Practitioner Art was honored as a
Contributor to Aviation History by Donald Engen Director of the Smithsonian National Air and Space
Museum in a ceremony held at the museum in Washington DC
DEADLINE TO REGISTER August 4 at 500 pm
Premier Designs Jewelry
Kathy Hanchette
Beyond Diva Jewelry
602-264-2230
wwwArizonaCourtReporterscom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 18
A degree above all others
12th Street and Missouri
Phoenix AZ 85014
(602) 212-1445
mbatranscriptazcoxnet
Serving local and national clientele with their
legal and general transcription needs
including civil criminal personal injury
family law as well as assisting in other areas
of law
INTEGRATED MEDICAL EVALUATIONS INC
401 W Baseline Rd Suite 206
Tempe AZ 85283
6023650132
wwwimewestcom
I avoid looking I avoid looking I avoid looking
forward or forward or forward or
backward and backward and backward and
try to keep try to keep try to keep
looking upward looking upward looking upward Charlotte BronteCharlotte BronteCharlotte Bronte
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 19
Many have a problem with lie or lay How do you know when to use which one
Lay (lay laid laying) means ldquoto putrdquo or ldquoto placerdquo Because itrsquos a verb (action word) it requires an object to
complete the meaning
Please lay the groceries on the counter
She laid her resignation letter on the bossrsquos desk
He is always laying his schoolbooks on the kitchen table
Lie (lie lay lain lying) means ldquoto recline rest or stayrdquo or ldquoto take a position of restrdquo Unlike lay which re-
quires it lie cannot take an object
She said she was going to lie on the bed to test the mattress
The pleading was lying on his desk for him to sign
A way to remember the difference is that if you can replace the questionable lie or lay with place (or the correct
version of it) then you need to use the correct version of lay If it doesnrsquot use the correct version of lie
She wanted to (lay or lie) down for a nap Would you say ldquoShe wanted to place down for a naprdquo No So
the proper word would be lie
He (laid or lay) the coffee on his secretaryrsquos desk Is it ldquoHe placed the coffee on his secretaryrsquos deskrdquo Yes
Then laid is correct
Another reminder hint might be if you are going to plAce something then you are going to lAy it but if you
are going to rEst you are going to liE
Thanks to Kathy Sieckman PP PLS-SC ACP of wwwProofthatblogcom for the above
To Lay
or Lie
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 20
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 21
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 22
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 23
Occasionally we all come across
situations in which we wonder
Would Miss Manners approve But
in the digital age of social
networking the etiquette lines can
become even blurrier Following are
some common sticky business
etiquette questions and tips to help
tackle them
Social Media
Should I personalize my LinkedIn requests to
connect with others
Its perfectly fine to use the form letter and in fact
most people do it for convenience even when
connecting with close contacts But if you wish to
connect to someone you havent seen in a while take
the time to personalize the message and explain how
youve met
How do I keep my manager from getting wind of
my job search using LinkedIn
If you consistently have a voice share opinions and
articles and tend to your audience and your network
as a daily routine mdash and not just when youre looking
for work mdash then when its time to find that next career
opportunity none of your activity will look out of the
ordinary But its not smart to immediately update your
LinkedIn profile by adding a large number of new
contacts fleshing out your profile and soliciting
recommendations Adjust your settings so you dont
broadcast activity youre not willing to share Pay
particular attention to the Opportunity Preferences
section under Contact Settings If you say you are
interested in career opportunities you could be
sending a red flag to your manager You can gain
exposure among your peers by joining groups related
to your professional field Many recruiters are
members and scan the roster for potential hires
Contribute to the discussion and establish yourself as a
subject matter expert to catch their interest
Should I friend my boss or coworkers
This is the $64000 question and the feelings of those
on the receiving end may provide the answer (See
Thinking About Friending Your Boss on
Facebook on Page 10 of Business Etiquette The
New Rules in a Digital Age) If you do connect utilize
privacy settings and different friend lists to control
how mdash and with whom mdash you share content Be
sensitive to your professional environment some
industries or companies are much more engaged in
digital networking than others If youre starting a new
job take your cue from others before sending out
friend requests to your new colleagues
Can Facebook postings hurt my job search
A good rule of thumb is to always post prudently If
you dont want your employer to see it get rid of it A
recent survey by our firm revealed that 44 percent of
executives review the Facebook presence of potential
hires Even if your account is just for fun keep it in
check To put your Facebook on a privacy lockdown
click on the drop-down Account menu in the top
right corner and select Privacy Settings Keep in
mind that Facebook may change its privacy features at
(Continued on page 24)
Sticky Business Etiquette Questions amp Answers
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 24
any time and you might not be aware of the changes
when they occur Always assume that anything you
post online may become public
Should I use Facebook at work
Maybe if its for work-related purposes and not just
keeping your friends updated on your weekend
activities Then again maybe not Thirty-eight percent
of chief information officers interviewed by Robert
Half have implemented stricter social networking
policies as these tools have become more prevalent in
the workplace If youre not sure what rules your firm
has in place check with your manager or human
resources representative Your best bet is your own
good judgment Just as you would expect to restrict
personal phone calls or conversation at work you
should limit personal use of social networking
platforms too
Whats the right way to decline a request to
connect with someone
While an automated No thank you could make our
lives easier no response at all might be your best bet
Dont feel pressured to connect with someone you
would rather not form a relationship with and dont
feel the need to explain your decision If you expect
you might run into the individual in person be
prepared in case you are confronted about it Simply
click Ignore especially if the person is a stranger
If someone follows me on Twitter should I
automatically follow him or her back
No because you may end up unfollowing the person
later Before following people check out their feed
bio and previous tweets to get a sense of them or their
organization and determine if youll be interested in
seeing the kind of content they share Although its
considered good etiquette to follow someone back
dont do it indiscriminately Its your feed and you
want to make it valuable to you
Emails and Conference Calls
Uh oh I sent a confidential email to the wrong
person What do I do now
Its not a lost cause and there are a few steps you can
take First try to use the recall function of your email
program But keep in mind that not all applications
offer this option and various factors can affect how
successful it is If this step doesnt solve the problem
you need to limit the impact of your mistake Contact
those who are affected the recipient and possibly the
person to whom you intended to send the message
Explain your error and if you need their help
correcting it You also may need to inform your
manager of the mistake
How responsive should I be to e-mail when Im on
vacation
It depends on whether you want to have a real
vacation If your Out of Office says youre not
checking e-mail on vacation dont check and respond
to messages Doing so changes expectations and
implies youre more accessible than you said youd be
Instead be considerate to others needs while you are
out and list a back-up contact in your Out of Office
auto response
I forgot to attach a file before sending an emailhellip
again How can I avoid this in the future
Slow down Everyone forgets to attach a file from
time to time because theyre in a rush But repeatedly
making this mistake can cause your colleagues to
question your attention to detail Going forward try
attaching your file before you compose your message
This way you can be sure it makes it to the recipient
Just make sure you attach the right file
How can I prevent my colleagues from scheduling
conference calls over lunch
Everyone should have a chance to eat lunch Often
people simply look for an open spot on others
calendars when scheduling a meeting So you might
consider blocking out your lunch hour to ensure you
have time to grab a bite to eat Although it may be
unavoidable to meet during this time on occasion you
might find that this simple step helps you out
Thanks to Robert Half for this information To learn more about
Robert Half visit wwwroberthalfcom
(Sticky Business hellip Continued from page 23)
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 25
3150 N 24th Street
Suite D-104
Phoenix AZ 85016
6022569700
The Nationwide Legal LLC team provides a
broad spectrum of comprehensive legal support
services at an unparalleled level of quality NWL
utilizes state-of-the-art technology to deliver
practical and cost-effective solutions for all of
your legal support service needs wwwNationwideASAPcom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 26
BILLING
BLUNDERS AND
FEE AGREEMENT
ESSENTIALS Speaker
Lynda C Shely
Esq
Ethics Lawyer
Speaker
Consultant
APA WEBINAR
Wednesday September 13 2017
1200-100 pm
COST APA Members $25 (or use your free 2017 webinar coupon) All others $30
This webinar qualifies for 1 hour Ethics CLE credit
Lynda C Shely of The Shely Firm PC Scottsdale Arizona provides ethics advice to over 1500 law firms in Arizona and the
District of Columbia on a variety of topics including conflicts of interest fees and billing trust account procedures lawyer
transitions multi-jurisdictional practice ancillary businesses and ethics requirements for law firm advertisingmarketing She also
assists lawyers in responding to initial Bar charges performs law office risk management reviews and trains law firm staff in
ethics requirements Lynda serves as an expert witness and frequently presents continuing legal education programs around the
country Prior to opening her own firm she was the Director of Lawyer Ethics for the State Bar of Arizona Prior to moving to
Arizona Prior to moving to Arizona Lynda was an intellectual propertyantitrust associate with Morgan Lewis amp Bockius in
Washington DC Lynda received her BA from Franklin amp Marshall College in Lancaster PA and her JD from Catholic
University in Washington DC
Lynda was the 2015-2016 President of the Association of Professional Responsibility Lawyers She serves on several State Bar of
Arizona Committees and as a liaison to the ABA Standing Committee on Ethics and Professional Responsibility She is an
Arizona Delegate in the ABA House of Delegates Lynda has received several awards for her contributions to the legal profession
including the 2007 State Bar of Arizona Member of the Year award the Scottsdale Bar Associationrsquos 2010 Award of Excellence
and the 2015 AWLA Maricopa Chapter Ruth V McGregor award She is a prior chair of the ABA Standing Committee on
Client Protection and a past member of the ABArsquos Professionalism Committee and Center for Professional Responsibility
Conference Planning Committee Lynda was the 2008-2009 President of the Scottsdale Bar Association She has been an adjunct
professor at all three Arizona law schools teaching professional responsibility
LAST DAY TO REGISTER FRIDAY September 8 2017 at 500 PM
Click Here to Register httpazparalegalorgevent-2588123
Ethical and practical considerations for all firms ndash even those that think they do not need to
track hourly time Lynda will review what clauses are mandatory for all fee agreements in Ar-
izona as well as clauses that will help with client communications and expectations Billing
tips will go over the five things to never do in a time entry why block billing is prohibited in
Arizona how to get paid faster and common mistakes made in client invoices
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 27
WOOLSTON amp TARTER PC AUDIT DEFENSE amp TAX LITIGATION
Congratulations to the Arizona
Paralegal Association on 40
successful years of promoting the
paralegal profession
In just about every area of society therersquos nothing more important than ethics
Henry Paulson
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 28
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 29
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 30
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 31
Jason Bagley
Senior Territory Manager
(602) 559-4587
jasonbagleylexisnexiscom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 32
GENDER EQUALITY
The process of voir dire sometimes includes
subtle and not-so-subtle attempts at gender
stacking of jurors to prevent or create bias
toward a plaintiff Other demographic factors
may be more influential but gender is still
important though not necessarily in the way
one would suspect
The accompanying chart based on California New York and Texas cases reported to VerdictSearch depicts
plaintiffsrsquo winning percentages according to the plaintiffrsquos gender and the juryrsquos composition Bias is evident
but it is not dependent on the plaintiffrsquos gender
Any plaintiffrsquos winning percentage is substantially greater when his or her case is heard by a female-
dominated jury rather than a male-dominated jury or a gender-neutral jury The takeaway All other factors
being equal plaintiffs are best served by female jurors The equation flips when it comes to awarding
damages but thatrsquos a topic for another study
Thank you to Verdict Search for this analysis To learn more about VerdictSearch visit
wwwVerdictSearchcom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 33
Vol 13 No 8 August 2017
Fees Increase in One Week
Most filing and service fees will increase on Wednesday August 9 2017 Documents submitted for filing that are received by the Clerks office (file counter by mail or through a filing depository box) on or before August 8 will be subject to the current fees Documents received for filing on and after August 9 will be subject to the new fees Fees are posted on the Clerkrsquos website at httpwwwclerkofcourtmaricopagovfeesasp
Appeal and Cost Bond Info Online
Court rules statutes court orders or other authorities may require posting appeal or cost bonds with the Clerks Office Depending on the type of issue the parties the complexity of the case and other factors years can pass between the bond posting date and resolution of related issues During that time parties attorneys and the courts may overlook issuing a court order releasing the money The Clerks Office holds the funds until a court order directs the Clerk specifically what to do with those funds The Clerkrsquos Office has now posted lists online of bonds posted with the Clerks Office where the need for the bond may have ended and no court order was filed allowing the Clerk to return the money If you or your clients posted an appeal or cost bond in any case it is worth checking if funds are still on hold
Customers can search the online lists by party name or case number A party or their attorney must file a petition with the court requesting an order be issued directing the Clerk to release these funds The Clerks Office will only release money by court order and only as specifically directed in the order For more information about the deposit or release of these funds including specific information the Clerkrsquos Office needs before releasing money see the Clerkrsquos website at httpwwwclerkofcourtmaricopagovrelease_bondsasp The Clerks Office will only assist parties to a case or their attorneys Third-party vendors personal representatives and other non-parties must be named in a court order to obtain detailed information or to receive a payment check
Law Library Resource Center Filings Grow by Leaps and Bounds
Last year the Superior Court in Maricopa County renamed relocated and expanded its self-service center into the Law Library Resource Center (LLRC) The Clerkrsquos Office staffs a filing counter within the downtown Phoenix LLRC to allow customers a one-stop-shop for research drafting and filing court documents Filings within the LLRC have gone up every month since its establishment In January 2017 the file counter handled 406 transactions and nearly doubled that volume by the end of March 2017 with 802 transactions In June the file counter processed more than 1000 transactions Clerk staff at this window can process fee deferral applications adding to customersrsquo onsite convenience For more information about the LLRCrsquos services locations and other details see the Superior Courtrsquos website at httpswwwsuperiorcourtmaricopagovSuperiorCourtLawLibraryResourceCenter
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 34
THANK YOU
Our Charity Raffle Prize Drawing for this beautiful quilt donated by the Emmanuel Lutheran Quilters of Prescott Valley Arizona raised $350
All proceeds have been provided to Feed Hungry Children Program in Prescott Valley Arizona
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 35
Paralegal robot reviews patent documents There is a new software RoboReview that helps patent
lawyers draft applications that are more likely to pass muster with the USPTO It automates paralegal
work bringing more rigor to the task of researching prior art and potentially saving thousands of dollars
on a filing Typically this review is done by humans doing multiple searches To read more visit the
ABA Journal httpwwwabajournalcomnewsarticlepatent_document_robot_legal_review
Paralegal cries after being charged with stealing $12 million from law firm The paralegal was an
office manager for a law firm in downtown Toledo where prosecutors allege she embezzles money from
the firm and from the trust account of a disabled client between 2008 and September 2015 The suit
claims that the paralegal forged signatures and falsified bookkeeping software and other records to steal
from the firm The paralegal cried throughout the bond hearing She has been fired To read more about
this case visit httpwwwtoledobladecomCourts20170712Bond-set-at-100K-for-office-manager-
charged-with-embezzling-1-2Mhtml
Paralegal re-appointed to Florida Bar Section Priscilla Horn Warren a nationally and Florida
certified paralegal will continue to serve on the States Solo and Small Firm Section as their paralegal
representative for 2017-2018 term Warren has continuously served as paralegal liaison with the section
since 1995
Law Firm not liable for paralegal mistake on $15 bn loan A New York Judge found that the firm did
not owe a duty of case to third parties The paralegal had accidentally cancelled the security interest of a
$15 billion loan to General Motors The firm did not represent the lenders and as such did not owe a duty
to third parties JP Morgan Chase acted as lenders and its lawyers also missed the mistake The mistake
was only noticed when GM filed for bankruptcy protection in 2009 To read more visit
httpwwwgloballegalpostcombig-storiesmayer-brown-not-liable-for-paralegal-mistake-on-$15-bn-
loan-73921531
Lawyer and paralegal arrested after being found with meth pipes and other drug paraphernalia
The attorney claimed that the equipment didnt belong to him (my paralegal did it defense) To read
more visit httpwwwarkansasmatterscomnewslocal-newsconway-lawyer-and-paralegal-arrested-on-
drug-possession769588833
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 36
DIAMOND SPONSORS
National Health Finance
ABI Document Support Services
RUBY SPONSORS
Nationwide Legal Inc
Vocational Diagnostics Inc
EMERALD SPONSORS
MBA Legal Transcription
First Legal Network
LexisNexis
Coash amp Coash
Robert E ldquoBobrdquo Underdown The Insurance Archaeologist
Jones Skelton amp Hochuli
THANK YOU TO OUR SPONSORS AT OUR ANNUAL LEGAL CONFERENCE AND 40TH ANNIVERSARY CELEBRATION
Thank you to the individuals and businesses that support the Arizona Paralegal
Association in our efforts to promote and educate the paralegal community by
becoming Legal Seminar Sponsors The assistance of our sponsors has been vital in
bringing educational programs to paralegals across Arizona This Legal Seminar would
not be possible without the help of the sponsors and we hope you will join us in
PEARL SPONSORS
Compex Legal Services Inc
Kathy Hanchette Premier Designs
Robson Forensic
Parasec
Iron Mountain
Litigation Services
Fronteo
The Morton Group
Integrated Medical Evaluations Inc
Elite Medical Experts
Lynn Tofaute Yanbal Jewelry
Griffin amp Associates
Discovia
Woolston amp Tarter PC
Ottmar amp Associates
Ballard Spahr LLP
DTI Global
Thank you to these Northern Arizona sponsors who have generously donated
prizes for the Arizona Paralegal Association drawing
Murphyrsquos Restaurant Prescott Arizona
Susanne Chacon Scentsy 9287108777
Yavapai Title 9284452528
Mangum Pearce Court Reporting 9284451909
Prescott Law group PLC 9284451909
Emmanuel Lutheran Quilters Prescott Valley
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 37
Congratulations to the Arizona Paralegal Association on 40 years
1 East Washington St Suite 2300
Phoenix AZ 85004
602798-5400
wwwballardspahrcom
6024851488
wwwOtmarAssoccom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 38
APA MEMBER JOB BANK
DONrsquoT FORGET TO CHECK OUR ONLINE
JOB BANK FOR UP-TO-DATE JOB LISTINGS
at httpwwwazparalegalorgjobbank
[In order to view the online Job Bank you must login
to our new website (using your email and password)
If you experience any difficulty logging in please
contact membershipazparalegalorg for assistance]
PARALEGAL - BANKRUPTCY LITIGATION
Position Overview
Under the supervision of one or more lawyer(s) the
Paralegal assists in the delivery of quality efficient
and accessible legal services in the bankruptcy real
estate corporate andor commercial litigation practice
groups
Responsibilities
Draft routine pleadings statements affidavits
andor other legal documentation as appropriate at
the specific direction of attorneys
Prepare initial drafts of legal documents for
bankruptcy proceedings including case captions
and simple pleadings such as claim forms requests
for notice or judicial notice etc
Arrange Court Call appearances communicates
and cooperates with Court clerks on filings and
appearance requirements and interacts with Court
personnel as necessary to serve client needs
Prepare initial drafts of fee applications when
representing estate professionals and oversecured
creditors in bankruptcy cases and in connection
with fee awards in other litigation contexts
including exhibits and declarations in support
Compile documents in connection with appeals
including designations and indexes of the record
district court elections and requests for transcripts
Draft notices of appearance substitutions of
counsel documents pro hac vice applications and
corporate ownership statements
Assist with discovery-related filings including
Bankruptcy Rule 2004 examination applications
notices and orders subpoenas and notice of
servicecompliance
Manage non-judicial trustees sale process
including security instrument review public
record filing review notice drafting service
completion bid compilation sale procedures
communications with interested parties deed upon
sale drafting and all necessary public recording
and filing
Perform ECF filings and review local rules for
pleading forms notice and service requirements
Fulfill duties to deliver court copies courtesy
copies lodged order uploads in pdf or Word and
complies with all local rule requirements
Organize index and track large numbers of
documents including development of information
(Continued on page 39)
DO YOU KNOW OF A PARALEGAL POSITION AT YOUR PLACE OF EMPLOYMENT
If so advise your employer that the APA offers ad space for paralegal jobs to employers free of charge To place a job bank ad or for information on a job send an e-mail to Betsy Wolf at jobbankazparalegalorg
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 39
APA MEMBER JOB BANK
retrieval systems performs all case management
functions
Perform calendaring or docketing of information
as needed
Research and obtain information from various
courts administrative bodies public information
sources etc
Performs electronic research using PACER court
websites Westlaw and Lexis in addition to
Shepardizing and Bluebooking citations
Coordinate efforts with trials and hearings such as
taking notes handling exhibits organizing and
gathering factual information etc
Attend trials or client meetings as needed inside
and outside the office that require face-to-face
contact
Coordinate vendors in conjunction with a project
such as court reporters process servers copy
vendors etc
Track time in DTE and assures that services
provided are properly charged to the client
Track expenses for travel client meetings and
court appearances
Essential Job SpecificationsQualifications
Familiarity with pleading notice and service rules
triggered in Chapter 7 and 11 Bankruptcy Courts
Familiarity with Uniform Commercial Code
enforcement process and procedures
Familiarity with basic corporate formation
practices and procedures
Ability to perform ECF filings
Excellent computer skills including Word Excel
PowerPoint and database applications
Ability to deal professionally with all levels of
clients both internally and externally
Proven ability to solve problems work
independently and tackle projects with minimal
supervision
Ability to be flexible meet deadlines handle
pressure and adapt to changing work priorities
work flow and work assignments
Ability to effectively and respectfully
communicate verbally and in writing with other
staff lawyers management and clients
Ability to organize a large amount of data and files
into an efficient system (both electronic and
hardcopy) for easy filing and retrieval
Ability to maintain confidences as well as build
confidences and trust
Ability to pay close attention to detail
Ability to work overtime up to 10 or more hours
per week
Ability to work off-site at client location(s) for
extended periods of time
Requires the ability to regularly report to work on
the days and times scheduled or alternatively to
work flex hours depending on lawyer and client
needs
Physical Demands
Ability to work in a typical office environment and
lift up to 25 lbs NOTE Reasonable
accommodations may be made to enable
individuals with disabilities to perform the
essential functions
Travel
Ability to travel locally
EducationExperienceCertifications
Bachelors Degree andor Paralegal Certificate
Minimum of two years experience with
bankruptcy and litigation practice(s) at a law firm
Disclaimer
The above statements are intended to describe the
general nature and level of work being performed by
the incumbent in the position They are not intended
to be an exhaustive list of all responsibilities duties
and skills of the employee Duties and responsibilities
may change at any time with or without notice
(Job Bank hellip Continued from page 38)
(Continued on page 40)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 40
How to Apply Please send resume to
lisaspannbryancavecom
Equal Opportunity Employer
LITIGATION PARALEGAL - INSURANCE
DEFENSE
Jones Skelton amp Hochuli is seeking an ambitious
paralegal with 5+ years of experience in general civil
litigation and experience in State and Federal courts
The ideal candidate will have a stable work history
and exceptional communication and organizational
skills We offer a competitive salary and benefits
package and a team-oriented working environment
Please email your resume to Recruitingjshfirmcom
AAEOE
EXPERIENCED LITIGATION PARALEGAL
Dickinson Wright PLLC (Phoenix office) is in need of
a litigation paralegal
Requires a minimum of three yearsrsquo recent experience
in Arizona law
Job Description
Organize and synthesize information through the
preparation of summaries chronologies reports
spreadsheets
Draft and review routine legal documents (eg
privilege logs exhibit lists discovery disclosures
etc)
Assist attorneys on cases by providing
computerized support to help them plan organize
research analyze argue and present their cases in
a more cost and time efficient manner
Provide the day-to-day support of data
management
Assist attorney in trial preparation and set-up of
electronic equipment in the courtroom provides
court assistance as required
Assist with managing cases projects on various
levels and at various stages of the litigation
process
Candidates must have excellent communication skills
for contacting clients experts and other outside
parties have knowledge of state and federal court
rules procedures and e-filing requirements drafting
be self-motivated a team player proficient in MW
Word Outlook 2010 and a working knowledge of
document management systems Relativity and Trial
Director experience is a must
EducationalExperience requirements
Paralegal certificate from ABA school or
certification
We offer a competitive salary and benefits package
and an outstanding work environment All candidates
must submit a cover letter resume and salary history
Please email resumes to
LMandellDickinsonwrightcom
EXPERIENCED FAMILY LAW PARALEGAL
Cantor Law Group an AV-rated six-attorney family
law firm located in downtown Phoenix seeks a sharp
paralegal with at least two years of recent Arizona
family law experience In this position you will work
closely with an associate attorney to manage a case
load of 40+ cases covering a wide range of domestic
relations issues Experience with high-asset andor
DCS cases is a plus Must be a strong writer able to
draft pleadings and correspondence Exceptional
people skills are needed as there is a great deal of
client contact
An attractive compensation and benefits package is
available for the right candidate In addition to a
competitive salary and bonus opportunities we offer
an outstanding benefits package including ten paid
(Job Bank hellip Continued from page 39)
(Continued on page 41)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 41
holidays per year ten days paid vacation days yearly
five days personal paid time off yearly as well as the
availability of medical dental vision and life
insurance A 401K with a very generous employer
match is offered after one year
Requirements
2 years recent Arizona family law experience
Proactive able to handle and direct caseload with
minimal supervision
Attention to detail and excellent follow-up
Excellent analytical capabilities amp writing skills
able to draft substantive motions for attorney
review
Work well as a member of a fast-paced team
Professional appearance demeanor and attitude
Great client relations skills
Excellent computer skills including proficiency in
MS Word and other MS Office applications
Paralegal certification preferred (not required)
Knowledge of Time Matters or other case
management software a plus
Please send resumes to hrdmcantorcom
EXPERIENCED CRIMINAL DEFENSE
PARALEGAL
The Law Offices of David Michael Cantor an AV
rated criminal defense firm in Downtown Phoenix is
seeking an experienced paralegal with felony amp
misdemeanor experience to work closely with our
attorneys Our practice includes the full spectrum of
criminal charges and you will have the opportunity to
work on cases involving drug charges violent crime
sex offenses white collar crime property crime and
DUIs
The job
Proactively manage a substantial caseload without
direct supervision
Prepare and file pleadings according to attorney
instructions
Prepare trial notebooks and handle all trial prep
work
Create high quality correspondence and other
documents with little to no supervision
Maintain professional relationships with law
enforcement and prosecutors
Provide excellent customer service for our clients
Support 1-2 attorneys
We offer
Competitive compensation
Outstanding benefits including medical dental
vision lifeADampD coverage
401K with generous employer match
Paid vacation and sick time
Ten paid holidays per year
You
2+ years of private Arizona defense experience
handling both misdemeanor and felony charges
Familiar with Arizona courts and MVD
Proactive ndash needs little supervision
Great follow-up skills and attention to detail
Excellent writing skills
Professional appearance and behavior
MS Word and other MS Office applications
Keyboard speed 50+ wpm
Reliable
Enjoy being a member of a friendly team of
professionals
Experience with Abacus or other case
management software desirable
Please send resumes to hrdmcantorcom
PARALEGAL
Sentry Insurance is looking for a Paralegal to provide
litigation and administrative support to our Staff
(Job Bank hellip Continued from page 40)
(Continued on page 42)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 42
Counsel operation If you are looking for a career
with great potential choose the company with the
strength and stability to offer it all
What Yoursquoll Do
As the Paralegal yoursquoll assist the attorney staff by
performing legal activities which do not require
attorney signature client advise or appearances in
court In addition yoursquoll
Assist in the preparation of responses to discovery
under direct supervision of an attorney
Perform factual investigations and document
searches
Obtain investigative materials and policy
information
Contact insureds and other witnesses to obtain
factual statements
Coordinate scheduling of litigation activities and
witness appearances
What it Takes
Associate Degree or equivalent work experience
2-5 years of related work experience at least one
year in litigation practice
American Bar Association-Certified Paralegal
Training
Advanced knowledge of case management and
knowledge of and ability to perform legal
research
Experience with resources such as Westlaw and
Lexis
Strong analytical ability and knowledge of
litigation processes
Strong organizational and communication skills
Ability to maintain confidentiality
Strong working knowledge of the Internet
PowerPoint Excel and Word and familiarity with
legal case management software (ProLaw Clio
etc)
Ability to work independently and in multi-
jurisdictional venues
Must be able to meet travel requirements of the
job
What Yoursquoll Receive
We offer an outstanding array of benefits for our
associates including
Competitive Compensation
Group Medical Dental Vision and Life benefits
Generous Paid-Time Off - including Company
Holidays
401k plan with a dollar-for-dollar match on your
first six percent ndash immediate vesting
Access to more than 100 certification designation
and licensing courses
Career advancement opportunities
Why Sentry Insurance
Sentry employees have been helping individuals and
businesses build and protect their futures since 1904
Because of the trust placed in us Sentry is one of the
largest and strongest mutual insurance companies in
the United States and is rated A+ by AM Best the
industrys leading rating authority Sentry offers a full
line of property casualty and life insurance products
to protect businesses cars homes lives and retirement
incomes
So make the right choice - with great potential for
growth an outstanding 401(k) program and a schedule
that offers you a balance between your work and life
choose the company with the strength and stability to
offer it all Choose Sentry Insurance Sentry
Insurance is an Equal Opportunity Employer Apply
online at httpsjobssentrycomsearch119871
FULL-TIME LEGAL SECRETARY ASSISTANT
Mid-sized law office is seeking a self-motivated and
highly organized legal secretary with a minimum of 5
years of experience supporting 2 or more attorneys
Position will support multiple attorneys with case
management assistance calendaring state and federal
court filings formatting correspondence and
(Job Bank hellip Continued from page 41)
(Continued on page 43)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 43
pleadings copying mailing and other clerical duties
Optimal candidate will be able to accept and
implement directives maintain focus in hectic
environment keep attorneys informed of progress at
regular intervals and prioritize multiple projects
Working knowledge of MS Word amp Excel required
Associatersquos degree and background in litigation andor
insurance preferred EEOC Please email reacutesumeacute and
cover letter with salary requirements to
admincdslawfirmcom
EXPERIENCED PLAINTIFFS PERSONAL
INJURY LEGAL ASSISTANT
Small growing fast-paced Central Phoenix Personal
Injury Law Firm seeking full-time Legal Assistant to
join our team
Candidate must have excellent skills and 5 years
experience in a Plaintiffs Personal Injury Law Firm
with an ability to perform in a fast paced environment
Bi-lingual (SpanishEnglish) preferred but not
required Position involves significant interaction with
clients and requires attention to detail Good
organizational skills with a strong work ethic are
essential as is the ability to multi-task
Responsibilities include handling a large pre-litigation
caseload interfacing with attorneys and legal
assistants Must be proficient with MS Word Outlook
and Needles Case Management (preferred but not
necessary) Salary is competitive and DOE
Qualified candidates should e-mail resume with a
cover letter detailing their skills employment history
and salary requirements to
acoronadoblakefirmcom
(Job Bank hellip Continued from page 42)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 44
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
NALA Campus LIVE - Live web seminars are offered in two sessions each year FebruarymdashMay and AugustmdashNovember Each ses-sion features about 30 on-line seminars The audio files and handout material are copyrighted by NALA and the authors They are for personal use only Duplication of any of the material or any commercial use is strictly prohibited
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics httpswwwnalaorgcontinuing-educationwebinars NALA Campus LIVE - Live web semi-nars are offered in two sessions each year FebruarymdashMay and AugustmdashNovember Each session features about 30 on-line seminars The audio files and handout material are copy-righted by NALA and the authors They are for personal use only Dupli-cation of any of the material or any commercial use is strictly prohibited
82217 Music Law and Intellectual Property Rights
82417 So the Plaintiffrsquos on Medicare
82017 The ABCrsquos of Special Education
In addition to the Live Webinars NALA has On-Demand Webinar Courses available httpswwwnalaorgcontinuing-educationon-demand-webinar NALA also has a wide variety of available Self-Study courses as well as the Live Webinars You can access the Self-Study courses here httpswwwnalaorgcontinuing-educationself-study Many of these courses are recommended for preparing for the CP exam
NATIONAL BUSINESS INSTITUTE
wwwnbi-semscom
Live Video Webcasts
httpwwwnbi-semscomDefaultaspxVideo-WebcastsNavigationDataSource1=N63782
OnDemand amp Downloads
httpwwwnbi-semscomContentaspxst=ArizonaampNavigationDataSource1=N63932-63947
8817 Probate Boot Camp
8917 Real Estate Title and Conveyance Handling the Top
Issues
8917 Marijuana Business Legal Considerations
81417 Legal Descriptions Title Insurance and Surveys in Real
Estate Transactions
81517 Advanced Custody and Support Issues
81617 Personal Injury Trials 101
82117 Trusts from Start to Finish
82217 How to Get Your Clients Paid Debt Collection 101
82317 Bankruptcy The Ultimate Guide to Chapter 7 and 13
82817 Conflicts of Interest A Practical Legal Ethics Guide
82917 Using LLCs to Protect Assets
83017 Complex Social Security Law Issues
83017 Dealing With Problem Employees A Legal Response
Guide
And many morehellip
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 45
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
Lorman Live Webinars wwwlormancom You can find many more seminars listed at httpwwwlormancomlive-webinar
ON DEMAND WEBINARS
There are many OnDemand Webinars to choose from also
httpwwwlormancomondemand
8317 Electronic Record Retention Mistakes HR
Professionals Can Avoid
8317 HUD Section 3 Compliance Tips for Governments
8417 Paralegals Guide to Unauthorized Practice of Law
8817 Protecting High-Risk Clientsrsquo Assets Against lawsuits
8817 Tips and Tricks to Improve Your Telephone Attitude
8917 Rules and Guidelines When Dealing With Statute of
Limitations
8917 Utilizing Formulas in Microsoft Excel
81017 Early Retirement Incentives Navigating the Legal
Issues
And many more
Maricopa County Bar Association CLE CALENDAR
httpmcbasite-ymcomeventsevent_listasp
LEXIS NEXIS Paralegal Community
has some good information as well
Check it out at httplawlexisnexiscomcommunityportalarticlesdefaultaspxg=QfsTyLJ1USs=ampc=EZggD7hDKLw=
Arizona Bar Association wwwazbarorgCLE
OnDemand CLE
httpsazbarinreachcecomSearchmediaType=494a95bb-1e05-4c5b-a25f-36ad84bd4c39
82217 State Bar of Arizona Course on Professionalism
82317 Steering Clear of Malpractice Road Bumps
82417 Traffic Offenses
82517 Probate Rule 10(E)(2) Subsequent Training for Court-
Appointed Counsel
83017 A Survey of Family Law
And many more
ALA-ABI wwwali-abaorg
The ALI-ABA site has excellent online CLE courses forms printed books MP3 CDROMs CLE DVDs CLE MP3 Downloads CLE Court Materials and Course Papers
81017 Powers of Attorney Latest Legal Developments
81717 Creating and Maintaining a Paperless Practice
Improve Workflow Increase Efficiency
82317 Hot Topics in Legal Ethics
And many more
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 46
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
Organization for Legal Professionals wwwtheolporgeducation
Online Courses
Litigation Support Project Management
Paralegal Management Certificate Program
Project Management in Electronic Discovery
Computer Technology Skills for Paralegals
Legal amp EDiscovery Project Management Course
Institute of Paralegal Education httpipenbi-semscomContentaspxNavigationDataSource1=N63943 Webcasts amp Webinars httpipenbi-semscomContentaspxNavigationDataSource1=Rpp20NspEventDateSort7c1017c17cN63944-4294952056
Webcasts amp Webinars
8217 Medical records Made Easy for Paralegals
8817 Case Management for Paralegals Managing
Documents Files Calendars and Tasks
81717 A Paralegalrsquos Guide to Divorce Cases
82217 The Paralegalrsquos Guide to Probate
82317 Construction Law 101 for Paralegals
82417 Corporate Minute Books A How-To Guide for
Paralegals
82917 Smartphone Apps and Tricks for Paralegals
83017 Managing the Discovery Process A Paralegalrsquos Guide
91217 Paralegalrsquos Guide to Legal Research and Citation
Management
National Constitution Center wwwconstitutionconferencescom
8817 Legal and binding E-Contracts What Works in a Digital World
82117 Retaliation Claims Protect Clients from EEOC Charges amp Private Suits
West Legal Education wwwwestlegaledcentercom
If you know of any other sources for CLE and would like listings to be placed in this
publication please email Newsletterazparalegalorg
- Front Cover
- Table of Contents
- Board of Directors
- APA Announcements
- APA Member News
- 10 Employer Considerations in Light of Arizonas New Paid Sick Time
- Paralegals strike out on firing claims
- Wearable technology Counting the steps to a defense verdict
- August Webinar
- To Lay or Lie
- Sticky Business Etiquette Questions amp Answers
- September Webinar
- Tucson Paralegal Associations 38th Annual Seminar
- The Verdict
- The Brief
- NewBytes
- APA Job Bank
- Got CLE
-
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 18
A degree above all others
12th Street and Missouri
Phoenix AZ 85014
(602) 212-1445
mbatranscriptazcoxnet
Serving local and national clientele with their
legal and general transcription needs
including civil criminal personal injury
family law as well as assisting in other areas
of law
INTEGRATED MEDICAL EVALUATIONS INC
401 W Baseline Rd Suite 206
Tempe AZ 85283
6023650132
wwwimewestcom
I avoid looking I avoid looking I avoid looking
forward or forward or forward or
backward and backward and backward and
try to keep try to keep try to keep
looking upward looking upward looking upward Charlotte BronteCharlotte BronteCharlotte Bronte
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 19
Many have a problem with lie or lay How do you know when to use which one
Lay (lay laid laying) means ldquoto putrdquo or ldquoto placerdquo Because itrsquos a verb (action word) it requires an object to
complete the meaning
Please lay the groceries on the counter
She laid her resignation letter on the bossrsquos desk
He is always laying his schoolbooks on the kitchen table
Lie (lie lay lain lying) means ldquoto recline rest or stayrdquo or ldquoto take a position of restrdquo Unlike lay which re-
quires it lie cannot take an object
She said she was going to lie on the bed to test the mattress
The pleading was lying on his desk for him to sign
A way to remember the difference is that if you can replace the questionable lie or lay with place (or the correct
version of it) then you need to use the correct version of lay If it doesnrsquot use the correct version of lie
She wanted to (lay or lie) down for a nap Would you say ldquoShe wanted to place down for a naprdquo No So
the proper word would be lie
He (laid or lay) the coffee on his secretaryrsquos desk Is it ldquoHe placed the coffee on his secretaryrsquos deskrdquo Yes
Then laid is correct
Another reminder hint might be if you are going to plAce something then you are going to lAy it but if you
are going to rEst you are going to liE
Thanks to Kathy Sieckman PP PLS-SC ACP of wwwProofthatblogcom for the above
To Lay
or Lie
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 20
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 21
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 22
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 23
Occasionally we all come across
situations in which we wonder
Would Miss Manners approve But
in the digital age of social
networking the etiquette lines can
become even blurrier Following are
some common sticky business
etiquette questions and tips to help
tackle them
Social Media
Should I personalize my LinkedIn requests to
connect with others
Its perfectly fine to use the form letter and in fact
most people do it for convenience even when
connecting with close contacts But if you wish to
connect to someone you havent seen in a while take
the time to personalize the message and explain how
youve met
How do I keep my manager from getting wind of
my job search using LinkedIn
If you consistently have a voice share opinions and
articles and tend to your audience and your network
as a daily routine mdash and not just when youre looking
for work mdash then when its time to find that next career
opportunity none of your activity will look out of the
ordinary But its not smart to immediately update your
LinkedIn profile by adding a large number of new
contacts fleshing out your profile and soliciting
recommendations Adjust your settings so you dont
broadcast activity youre not willing to share Pay
particular attention to the Opportunity Preferences
section under Contact Settings If you say you are
interested in career opportunities you could be
sending a red flag to your manager You can gain
exposure among your peers by joining groups related
to your professional field Many recruiters are
members and scan the roster for potential hires
Contribute to the discussion and establish yourself as a
subject matter expert to catch their interest
Should I friend my boss or coworkers
This is the $64000 question and the feelings of those
on the receiving end may provide the answer (See
Thinking About Friending Your Boss on
Facebook on Page 10 of Business Etiquette The
New Rules in a Digital Age) If you do connect utilize
privacy settings and different friend lists to control
how mdash and with whom mdash you share content Be
sensitive to your professional environment some
industries or companies are much more engaged in
digital networking than others If youre starting a new
job take your cue from others before sending out
friend requests to your new colleagues
Can Facebook postings hurt my job search
A good rule of thumb is to always post prudently If
you dont want your employer to see it get rid of it A
recent survey by our firm revealed that 44 percent of
executives review the Facebook presence of potential
hires Even if your account is just for fun keep it in
check To put your Facebook on a privacy lockdown
click on the drop-down Account menu in the top
right corner and select Privacy Settings Keep in
mind that Facebook may change its privacy features at
(Continued on page 24)
Sticky Business Etiquette Questions amp Answers
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 24
any time and you might not be aware of the changes
when they occur Always assume that anything you
post online may become public
Should I use Facebook at work
Maybe if its for work-related purposes and not just
keeping your friends updated on your weekend
activities Then again maybe not Thirty-eight percent
of chief information officers interviewed by Robert
Half have implemented stricter social networking
policies as these tools have become more prevalent in
the workplace If youre not sure what rules your firm
has in place check with your manager or human
resources representative Your best bet is your own
good judgment Just as you would expect to restrict
personal phone calls or conversation at work you
should limit personal use of social networking
platforms too
Whats the right way to decline a request to
connect with someone
While an automated No thank you could make our
lives easier no response at all might be your best bet
Dont feel pressured to connect with someone you
would rather not form a relationship with and dont
feel the need to explain your decision If you expect
you might run into the individual in person be
prepared in case you are confronted about it Simply
click Ignore especially if the person is a stranger
If someone follows me on Twitter should I
automatically follow him or her back
No because you may end up unfollowing the person
later Before following people check out their feed
bio and previous tweets to get a sense of them or their
organization and determine if youll be interested in
seeing the kind of content they share Although its
considered good etiquette to follow someone back
dont do it indiscriminately Its your feed and you
want to make it valuable to you
Emails and Conference Calls
Uh oh I sent a confidential email to the wrong
person What do I do now
Its not a lost cause and there are a few steps you can
take First try to use the recall function of your email
program But keep in mind that not all applications
offer this option and various factors can affect how
successful it is If this step doesnt solve the problem
you need to limit the impact of your mistake Contact
those who are affected the recipient and possibly the
person to whom you intended to send the message
Explain your error and if you need their help
correcting it You also may need to inform your
manager of the mistake
How responsive should I be to e-mail when Im on
vacation
It depends on whether you want to have a real
vacation If your Out of Office says youre not
checking e-mail on vacation dont check and respond
to messages Doing so changes expectations and
implies youre more accessible than you said youd be
Instead be considerate to others needs while you are
out and list a back-up contact in your Out of Office
auto response
I forgot to attach a file before sending an emailhellip
again How can I avoid this in the future
Slow down Everyone forgets to attach a file from
time to time because theyre in a rush But repeatedly
making this mistake can cause your colleagues to
question your attention to detail Going forward try
attaching your file before you compose your message
This way you can be sure it makes it to the recipient
Just make sure you attach the right file
How can I prevent my colleagues from scheduling
conference calls over lunch
Everyone should have a chance to eat lunch Often
people simply look for an open spot on others
calendars when scheduling a meeting So you might
consider blocking out your lunch hour to ensure you
have time to grab a bite to eat Although it may be
unavoidable to meet during this time on occasion you
might find that this simple step helps you out
Thanks to Robert Half for this information To learn more about
Robert Half visit wwwroberthalfcom
(Sticky Business hellip Continued from page 23)
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 25
3150 N 24th Street
Suite D-104
Phoenix AZ 85016
6022569700
The Nationwide Legal LLC team provides a
broad spectrum of comprehensive legal support
services at an unparalleled level of quality NWL
utilizes state-of-the-art technology to deliver
practical and cost-effective solutions for all of
your legal support service needs wwwNationwideASAPcom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 26
BILLING
BLUNDERS AND
FEE AGREEMENT
ESSENTIALS Speaker
Lynda C Shely
Esq
Ethics Lawyer
Speaker
Consultant
APA WEBINAR
Wednesday September 13 2017
1200-100 pm
COST APA Members $25 (or use your free 2017 webinar coupon) All others $30
This webinar qualifies for 1 hour Ethics CLE credit
Lynda C Shely of The Shely Firm PC Scottsdale Arizona provides ethics advice to over 1500 law firms in Arizona and the
District of Columbia on a variety of topics including conflicts of interest fees and billing trust account procedures lawyer
transitions multi-jurisdictional practice ancillary businesses and ethics requirements for law firm advertisingmarketing She also
assists lawyers in responding to initial Bar charges performs law office risk management reviews and trains law firm staff in
ethics requirements Lynda serves as an expert witness and frequently presents continuing legal education programs around the
country Prior to opening her own firm she was the Director of Lawyer Ethics for the State Bar of Arizona Prior to moving to
Arizona Prior to moving to Arizona Lynda was an intellectual propertyantitrust associate with Morgan Lewis amp Bockius in
Washington DC Lynda received her BA from Franklin amp Marshall College in Lancaster PA and her JD from Catholic
University in Washington DC
Lynda was the 2015-2016 President of the Association of Professional Responsibility Lawyers She serves on several State Bar of
Arizona Committees and as a liaison to the ABA Standing Committee on Ethics and Professional Responsibility She is an
Arizona Delegate in the ABA House of Delegates Lynda has received several awards for her contributions to the legal profession
including the 2007 State Bar of Arizona Member of the Year award the Scottsdale Bar Associationrsquos 2010 Award of Excellence
and the 2015 AWLA Maricopa Chapter Ruth V McGregor award She is a prior chair of the ABA Standing Committee on
Client Protection and a past member of the ABArsquos Professionalism Committee and Center for Professional Responsibility
Conference Planning Committee Lynda was the 2008-2009 President of the Scottsdale Bar Association She has been an adjunct
professor at all three Arizona law schools teaching professional responsibility
LAST DAY TO REGISTER FRIDAY September 8 2017 at 500 PM
Click Here to Register httpazparalegalorgevent-2588123
Ethical and practical considerations for all firms ndash even those that think they do not need to
track hourly time Lynda will review what clauses are mandatory for all fee agreements in Ar-
izona as well as clauses that will help with client communications and expectations Billing
tips will go over the five things to never do in a time entry why block billing is prohibited in
Arizona how to get paid faster and common mistakes made in client invoices
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 27
WOOLSTON amp TARTER PC AUDIT DEFENSE amp TAX LITIGATION
Congratulations to the Arizona
Paralegal Association on 40
successful years of promoting the
paralegal profession
In just about every area of society therersquos nothing more important than ethics
Henry Paulson
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 28
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 29
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 30
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 31
Jason Bagley
Senior Territory Manager
(602) 559-4587
jasonbagleylexisnexiscom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 32
GENDER EQUALITY
The process of voir dire sometimes includes
subtle and not-so-subtle attempts at gender
stacking of jurors to prevent or create bias
toward a plaintiff Other demographic factors
may be more influential but gender is still
important though not necessarily in the way
one would suspect
The accompanying chart based on California New York and Texas cases reported to VerdictSearch depicts
plaintiffsrsquo winning percentages according to the plaintiffrsquos gender and the juryrsquos composition Bias is evident
but it is not dependent on the plaintiffrsquos gender
Any plaintiffrsquos winning percentage is substantially greater when his or her case is heard by a female-
dominated jury rather than a male-dominated jury or a gender-neutral jury The takeaway All other factors
being equal plaintiffs are best served by female jurors The equation flips when it comes to awarding
damages but thatrsquos a topic for another study
Thank you to Verdict Search for this analysis To learn more about VerdictSearch visit
wwwVerdictSearchcom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 33
Vol 13 No 8 August 2017
Fees Increase in One Week
Most filing and service fees will increase on Wednesday August 9 2017 Documents submitted for filing that are received by the Clerks office (file counter by mail or through a filing depository box) on or before August 8 will be subject to the current fees Documents received for filing on and after August 9 will be subject to the new fees Fees are posted on the Clerkrsquos website at httpwwwclerkofcourtmaricopagovfeesasp
Appeal and Cost Bond Info Online
Court rules statutes court orders or other authorities may require posting appeal or cost bonds with the Clerks Office Depending on the type of issue the parties the complexity of the case and other factors years can pass between the bond posting date and resolution of related issues During that time parties attorneys and the courts may overlook issuing a court order releasing the money The Clerks Office holds the funds until a court order directs the Clerk specifically what to do with those funds The Clerkrsquos Office has now posted lists online of bonds posted with the Clerks Office where the need for the bond may have ended and no court order was filed allowing the Clerk to return the money If you or your clients posted an appeal or cost bond in any case it is worth checking if funds are still on hold
Customers can search the online lists by party name or case number A party or their attorney must file a petition with the court requesting an order be issued directing the Clerk to release these funds The Clerks Office will only release money by court order and only as specifically directed in the order For more information about the deposit or release of these funds including specific information the Clerkrsquos Office needs before releasing money see the Clerkrsquos website at httpwwwclerkofcourtmaricopagovrelease_bondsasp The Clerks Office will only assist parties to a case or their attorneys Third-party vendors personal representatives and other non-parties must be named in a court order to obtain detailed information or to receive a payment check
Law Library Resource Center Filings Grow by Leaps and Bounds
Last year the Superior Court in Maricopa County renamed relocated and expanded its self-service center into the Law Library Resource Center (LLRC) The Clerkrsquos Office staffs a filing counter within the downtown Phoenix LLRC to allow customers a one-stop-shop for research drafting and filing court documents Filings within the LLRC have gone up every month since its establishment In January 2017 the file counter handled 406 transactions and nearly doubled that volume by the end of March 2017 with 802 transactions In June the file counter processed more than 1000 transactions Clerk staff at this window can process fee deferral applications adding to customersrsquo onsite convenience For more information about the LLRCrsquos services locations and other details see the Superior Courtrsquos website at httpswwwsuperiorcourtmaricopagovSuperiorCourtLawLibraryResourceCenter
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 34
THANK YOU
Our Charity Raffle Prize Drawing for this beautiful quilt donated by the Emmanuel Lutheran Quilters of Prescott Valley Arizona raised $350
All proceeds have been provided to Feed Hungry Children Program in Prescott Valley Arizona
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 35
Paralegal robot reviews patent documents There is a new software RoboReview that helps patent
lawyers draft applications that are more likely to pass muster with the USPTO It automates paralegal
work bringing more rigor to the task of researching prior art and potentially saving thousands of dollars
on a filing Typically this review is done by humans doing multiple searches To read more visit the
ABA Journal httpwwwabajournalcomnewsarticlepatent_document_robot_legal_review
Paralegal cries after being charged with stealing $12 million from law firm The paralegal was an
office manager for a law firm in downtown Toledo where prosecutors allege she embezzles money from
the firm and from the trust account of a disabled client between 2008 and September 2015 The suit
claims that the paralegal forged signatures and falsified bookkeeping software and other records to steal
from the firm The paralegal cried throughout the bond hearing She has been fired To read more about
this case visit httpwwwtoledobladecomCourts20170712Bond-set-at-100K-for-office-manager-
charged-with-embezzling-1-2Mhtml
Paralegal re-appointed to Florida Bar Section Priscilla Horn Warren a nationally and Florida
certified paralegal will continue to serve on the States Solo and Small Firm Section as their paralegal
representative for 2017-2018 term Warren has continuously served as paralegal liaison with the section
since 1995
Law Firm not liable for paralegal mistake on $15 bn loan A New York Judge found that the firm did
not owe a duty of case to third parties The paralegal had accidentally cancelled the security interest of a
$15 billion loan to General Motors The firm did not represent the lenders and as such did not owe a duty
to third parties JP Morgan Chase acted as lenders and its lawyers also missed the mistake The mistake
was only noticed when GM filed for bankruptcy protection in 2009 To read more visit
httpwwwgloballegalpostcombig-storiesmayer-brown-not-liable-for-paralegal-mistake-on-$15-bn-
loan-73921531
Lawyer and paralegal arrested after being found with meth pipes and other drug paraphernalia
The attorney claimed that the equipment didnt belong to him (my paralegal did it defense) To read
more visit httpwwwarkansasmatterscomnewslocal-newsconway-lawyer-and-paralegal-arrested-on-
drug-possession769588833
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 36
DIAMOND SPONSORS
National Health Finance
ABI Document Support Services
RUBY SPONSORS
Nationwide Legal Inc
Vocational Diagnostics Inc
EMERALD SPONSORS
MBA Legal Transcription
First Legal Network
LexisNexis
Coash amp Coash
Robert E ldquoBobrdquo Underdown The Insurance Archaeologist
Jones Skelton amp Hochuli
THANK YOU TO OUR SPONSORS AT OUR ANNUAL LEGAL CONFERENCE AND 40TH ANNIVERSARY CELEBRATION
Thank you to the individuals and businesses that support the Arizona Paralegal
Association in our efforts to promote and educate the paralegal community by
becoming Legal Seminar Sponsors The assistance of our sponsors has been vital in
bringing educational programs to paralegals across Arizona This Legal Seminar would
not be possible without the help of the sponsors and we hope you will join us in
PEARL SPONSORS
Compex Legal Services Inc
Kathy Hanchette Premier Designs
Robson Forensic
Parasec
Iron Mountain
Litigation Services
Fronteo
The Morton Group
Integrated Medical Evaluations Inc
Elite Medical Experts
Lynn Tofaute Yanbal Jewelry
Griffin amp Associates
Discovia
Woolston amp Tarter PC
Ottmar amp Associates
Ballard Spahr LLP
DTI Global
Thank you to these Northern Arizona sponsors who have generously donated
prizes for the Arizona Paralegal Association drawing
Murphyrsquos Restaurant Prescott Arizona
Susanne Chacon Scentsy 9287108777
Yavapai Title 9284452528
Mangum Pearce Court Reporting 9284451909
Prescott Law group PLC 9284451909
Emmanuel Lutheran Quilters Prescott Valley
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 37
Congratulations to the Arizona Paralegal Association on 40 years
1 East Washington St Suite 2300
Phoenix AZ 85004
602798-5400
wwwballardspahrcom
6024851488
wwwOtmarAssoccom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 38
APA MEMBER JOB BANK
DONrsquoT FORGET TO CHECK OUR ONLINE
JOB BANK FOR UP-TO-DATE JOB LISTINGS
at httpwwwazparalegalorgjobbank
[In order to view the online Job Bank you must login
to our new website (using your email and password)
If you experience any difficulty logging in please
contact membershipazparalegalorg for assistance]
PARALEGAL - BANKRUPTCY LITIGATION
Position Overview
Under the supervision of one or more lawyer(s) the
Paralegal assists in the delivery of quality efficient
and accessible legal services in the bankruptcy real
estate corporate andor commercial litigation practice
groups
Responsibilities
Draft routine pleadings statements affidavits
andor other legal documentation as appropriate at
the specific direction of attorneys
Prepare initial drafts of legal documents for
bankruptcy proceedings including case captions
and simple pleadings such as claim forms requests
for notice or judicial notice etc
Arrange Court Call appearances communicates
and cooperates with Court clerks on filings and
appearance requirements and interacts with Court
personnel as necessary to serve client needs
Prepare initial drafts of fee applications when
representing estate professionals and oversecured
creditors in bankruptcy cases and in connection
with fee awards in other litigation contexts
including exhibits and declarations in support
Compile documents in connection with appeals
including designations and indexes of the record
district court elections and requests for transcripts
Draft notices of appearance substitutions of
counsel documents pro hac vice applications and
corporate ownership statements
Assist with discovery-related filings including
Bankruptcy Rule 2004 examination applications
notices and orders subpoenas and notice of
servicecompliance
Manage non-judicial trustees sale process
including security instrument review public
record filing review notice drafting service
completion bid compilation sale procedures
communications with interested parties deed upon
sale drafting and all necessary public recording
and filing
Perform ECF filings and review local rules for
pleading forms notice and service requirements
Fulfill duties to deliver court copies courtesy
copies lodged order uploads in pdf or Word and
complies with all local rule requirements
Organize index and track large numbers of
documents including development of information
(Continued on page 39)
DO YOU KNOW OF A PARALEGAL POSITION AT YOUR PLACE OF EMPLOYMENT
If so advise your employer that the APA offers ad space for paralegal jobs to employers free of charge To place a job bank ad or for information on a job send an e-mail to Betsy Wolf at jobbankazparalegalorg
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 39
APA MEMBER JOB BANK
retrieval systems performs all case management
functions
Perform calendaring or docketing of information
as needed
Research and obtain information from various
courts administrative bodies public information
sources etc
Performs electronic research using PACER court
websites Westlaw and Lexis in addition to
Shepardizing and Bluebooking citations
Coordinate efforts with trials and hearings such as
taking notes handling exhibits organizing and
gathering factual information etc
Attend trials or client meetings as needed inside
and outside the office that require face-to-face
contact
Coordinate vendors in conjunction with a project
such as court reporters process servers copy
vendors etc
Track time in DTE and assures that services
provided are properly charged to the client
Track expenses for travel client meetings and
court appearances
Essential Job SpecificationsQualifications
Familiarity with pleading notice and service rules
triggered in Chapter 7 and 11 Bankruptcy Courts
Familiarity with Uniform Commercial Code
enforcement process and procedures
Familiarity with basic corporate formation
practices and procedures
Ability to perform ECF filings
Excellent computer skills including Word Excel
PowerPoint and database applications
Ability to deal professionally with all levels of
clients both internally and externally
Proven ability to solve problems work
independently and tackle projects with minimal
supervision
Ability to be flexible meet deadlines handle
pressure and adapt to changing work priorities
work flow and work assignments
Ability to effectively and respectfully
communicate verbally and in writing with other
staff lawyers management and clients
Ability to organize a large amount of data and files
into an efficient system (both electronic and
hardcopy) for easy filing and retrieval
Ability to maintain confidences as well as build
confidences and trust
Ability to pay close attention to detail
Ability to work overtime up to 10 or more hours
per week
Ability to work off-site at client location(s) for
extended periods of time
Requires the ability to regularly report to work on
the days and times scheduled or alternatively to
work flex hours depending on lawyer and client
needs
Physical Demands
Ability to work in a typical office environment and
lift up to 25 lbs NOTE Reasonable
accommodations may be made to enable
individuals with disabilities to perform the
essential functions
Travel
Ability to travel locally
EducationExperienceCertifications
Bachelors Degree andor Paralegal Certificate
Minimum of two years experience with
bankruptcy and litigation practice(s) at a law firm
Disclaimer
The above statements are intended to describe the
general nature and level of work being performed by
the incumbent in the position They are not intended
to be an exhaustive list of all responsibilities duties
and skills of the employee Duties and responsibilities
may change at any time with or without notice
(Job Bank hellip Continued from page 38)
(Continued on page 40)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 40
How to Apply Please send resume to
lisaspannbryancavecom
Equal Opportunity Employer
LITIGATION PARALEGAL - INSURANCE
DEFENSE
Jones Skelton amp Hochuli is seeking an ambitious
paralegal with 5+ years of experience in general civil
litigation and experience in State and Federal courts
The ideal candidate will have a stable work history
and exceptional communication and organizational
skills We offer a competitive salary and benefits
package and a team-oriented working environment
Please email your resume to Recruitingjshfirmcom
AAEOE
EXPERIENCED LITIGATION PARALEGAL
Dickinson Wright PLLC (Phoenix office) is in need of
a litigation paralegal
Requires a minimum of three yearsrsquo recent experience
in Arizona law
Job Description
Organize and synthesize information through the
preparation of summaries chronologies reports
spreadsheets
Draft and review routine legal documents (eg
privilege logs exhibit lists discovery disclosures
etc)
Assist attorneys on cases by providing
computerized support to help them plan organize
research analyze argue and present their cases in
a more cost and time efficient manner
Provide the day-to-day support of data
management
Assist attorney in trial preparation and set-up of
electronic equipment in the courtroom provides
court assistance as required
Assist with managing cases projects on various
levels and at various stages of the litigation
process
Candidates must have excellent communication skills
for contacting clients experts and other outside
parties have knowledge of state and federal court
rules procedures and e-filing requirements drafting
be self-motivated a team player proficient in MW
Word Outlook 2010 and a working knowledge of
document management systems Relativity and Trial
Director experience is a must
EducationalExperience requirements
Paralegal certificate from ABA school or
certification
We offer a competitive salary and benefits package
and an outstanding work environment All candidates
must submit a cover letter resume and salary history
Please email resumes to
LMandellDickinsonwrightcom
EXPERIENCED FAMILY LAW PARALEGAL
Cantor Law Group an AV-rated six-attorney family
law firm located in downtown Phoenix seeks a sharp
paralegal with at least two years of recent Arizona
family law experience In this position you will work
closely with an associate attorney to manage a case
load of 40+ cases covering a wide range of domestic
relations issues Experience with high-asset andor
DCS cases is a plus Must be a strong writer able to
draft pleadings and correspondence Exceptional
people skills are needed as there is a great deal of
client contact
An attractive compensation and benefits package is
available for the right candidate In addition to a
competitive salary and bonus opportunities we offer
an outstanding benefits package including ten paid
(Job Bank hellip Continued from page 39)
(Continued on page 41)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 41
holidays per year ten days paid vacation days yearly
five days personal paid time off yearly as well as the
availability of medical dental vision and life
insurance A 401K with a very generous employer
match is offered after one year
Requirements
2 years recent Arizona family law experience
Proactive able to handle and direct caseload with
minimal supervision
Attention to detail and excellent follow-up
Excellent analytical capabilities amp writing skills
able to draft substantive motions for attorney
review
Work well as a member of a fast-paced team
Professional appearance demeanor and attitude
Great client relations skills
Excellent computer skills including proficiency in
MS Word and other MS Office applications
Paralegal certification preferred (not required)
Knowledge of Time Matters or other case
management software a plus
Please send resumes to hrdmcantorcom
EXPERIENCED CRIMINAL DEFENSE
PARALEGAL
The Law Offices of David Michael Cantor an AV
rated criminal defense firm in Downtown Phoenix is
seeking an experienced paralegal with felony amp
misdemeanor experience to work closely with our
attorneys Our practice includes the full spectrum of
criminal charges and you will have the opportunity to
work on cases involving drug charges violent crime
sex offenses white collar crime property crime and
DUIs
The job
Proactively manage a substantial caseload without
direct supervision
Prepare and file pleadings according to attorney
instructions
Prepare trial notebooks and handle all trial prep
work
Create high quality correspondence and other
documents with little to no supervision
Maintain professional relationships with law
enforcement and prosecutors
Provide excellent customer service for our clients
Support 1-2 attorneys
We offer
Competitive compensation
Outstanding benefits including medical dental
vision lifeADampD coverage
401K with generous employer match
Paid vacation and sick time
Ten paid holidays per year
You
2+ years of private Arizona defense experience
handling both misdemeanor and felony charges
Familiar with Arizona courts and MVD
Proactive ndash needs little supervision
Great follow-up skills and attention to detail
Excellent writing skills
Professional appearance and behavior
MS Word and other MS Office applications
Keyboard speed 50+ wpm
Reliable
Enjoy being a member of a friendly team of
professionals
Experience with Abacus or other case
management software desirable
Please send resumes to hrdmcantorcom
PARALEGAL
Sentry Insurance is looking for a Paralegal to provide
litigation and administrative support to our Staff
(Job Bank hellip Continued from page 40)
(Continued on page 42)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 42
Counsel operation If you are looking for a career
with great potential choose the company with the
strength and stability to offer it all
What Yoursquoll Do
As the Paralegal yoursquoll assist the attorney staff by
performing legal activities which do not require
attorney signature client advise or appearances in
court In addition yoursquoll
Assist in the preparation of responses to discovery
under direct supervision of an attorney
Perform factual investigations and document
searches
Obtain investigative materials and policy
information
Contact insureds and other witnesses to obtain
factual statements
Coordinate scheduling of litigation activities and
witness appearances
What it Takes
Associate Degree or equivalent work experience
2-5 years of related work experience at least one
year in litigation practice
American Bar Association-Certified Paralegal
Training
Advanced knowledge of case management and
knowledge of and ability to perform legal
research
Experience with resources such as Westlaw and
Lexis
Strong analytical ability and knowledge of
litigation processes
Strong organizational and communication skills
Ability to maintain confidentiality
Strong working knowledge of the Internet
PowerPoint Excel and Word and familiarity with
legal case management software (ProLaw Clio
etc)
Ability to work independently and in multi-
jurisdictional venues
Must be able to meet travel requirements of the
job
What Yoursquoll Receive
We offer an outstanding array of benefits for our
associates including
Competitive Compensation
Group Medical Dental Vision and Life benefits
Generous Paid-Time Off - including Company
Holidays
401k plan with a dollar-for-dollar match on your
first six percent ndash immediate vesting
Access to more than 100 certification designation
and licensing courses
Career advancement opportunities
Why Sentry Insurance
Sentry employees have been helping individuals and
businesses build and protect their futures since 1904
Because of the trust placed in us Sentry is one of the
largest and strongest mutual insurance companies in
the United States and is rated A+ by AM Best the
industrys leading rating authority Sentry offers a full
line of property casualty and life insurance products
to protect businesses cars homes lives and retirement
incomes
So make the right choice - with great potential for
growth an outstanding 401(k) program and a schedule
that offers you a balance between your work and life
choose the company with the strength and stability to
offer it all Choose Sentry Insurance Sentry
Insurance is an Equal Opportunity Employer Apply
online at httpsjobssentrycomsearch119871
FULL-TIME LEGAL SECRETARY ASSISTANT
Mid-sized law office is seeking a self-motivated and
highly organized legal secretary with a minimum of 5
years of experience supporting 2 or more attorneys
Position will support multiple attorneys with case
management assistance calendaring state and federal
court filings formatting correspondence and
(Job Bank hellip Continued from page 41)
(Continued on page 43)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 43
pleadings copying mailing and other clerical duties
Optimal candidate will be able to accept and
implement directives maintain focus in hectic
environment keep attorneys informed of progress at
regular intervals and prioritize multiple projects
Working knowledge of MS Word amp Excel required
Associatersquos degree and background in litigation andor
insurance preferred EEOC Please email reacutesumeacute and
cover letter with salary requirements to
admincdslawfirmcom
EXPERIENCED PLAINTIFFS PERSONAL
INJURY LEGAL ASSISTANT
Small growing fast-paced Central Phoenix Personal
Injury Law Firm seeking full-time Legal Assistant to
join our team
Candidate must have excellent skills and 5 years
experience in a Plaintiffs Personal Injury Law Firm
with an ability to perform in a fast paced environment
Bi-lingual (SpanishEnglish) preferred but not
required Position involves significant interaction with
clients and requires attention to detail Good
organizational skills with a strong work ethic are
essential as is the ability to multi-task
Responsibilities include handling a large pre-litigation
caseload interfacing with attorneys and legal
assistants Must be proficient with MS Word Outlook
and Needles Case Management (preferred but not
necessary) Salary is competitive and DOE
Qualified candidates should e-mail resume with a
cover letter detailing their skills employment history
and salary requirements to
acoronadoblakefirmcom
(Job Bank hellip Continued from page 42)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 44
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
NALA Campus LIVE - Live web seminars are offered in two sessions each year FebruarymdashMay and AugustmdashNovember Each ses-sion features about 30 on-line seminars The audio files and handout material are copyrighted by NALA and the authors They are for personal use only Duplication of any of the material or any commercial use is strictly prohibited
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics httpswwwnalaorgcontinuing-educationwebinars NALA Campus LIVE - Live web semi-nars are offered in two sessions each year FebruarymdashMay and AugustmdashNovember Each session features about 30 on-line seminars The audio files and handout material are copy-righted by NALA and the authors They are for personal use only Dupli-cation of any of the material or any commercial use is strictly prohibited
82217 Music Law and Intellectual Property Rights
82417 So the Plaintiffrsquos on Medicare
82017 The ABCrsquos of Special Education
In addition to the Live Webinars NALA has On-Demand Webinar Courses available httpswwwnalaorgcontinuing-educationon-demand-webinar NALA also has a wide variety of available Self-Study courses as well as the Live Webinars You can access the Self-Study courses here httpswwwnalaorgcontinuing-educationself-study Many of these courses are recommended for preparing for the CP exam
NATIONAL BUSINESS INSTITUTE
wwwnbi-semscom
Live Video Webcasts
httpwwwnbi-semscomDefaultaspxVideo-WebcastsNavigationDataSource1=N63782
OnDemand amp Downloads
httpwwwnbi-semscomContentaspxst=ArizonaampNavigationDataSource1=N63932-63947
8817 Probate Boot Camp
8917 Real Estate Title and Conveyance Handling the Top
Issues
8917 Marijuana Business Legal Considerations
81417 Legal Descriptions Title Insurance and Surveys in Real
Estate Transactions
81517 Advanced Custody and Support Issues
81617 Personal Injury Trials 101
82117 Trusts from Start to Finish
82217 How to Get Your Clients Paid Debt Collection 101
82317 Bankruptcy The Ultimate Guide to Chapter 7 and 13
82817 Conflicts of Interest A Practical Legal Ethics Guide
82917 Using LLCs to Protect Assets
83017 Complex Social Security Law Issues
83017 Dealing With Problem Employees A Legal Response
Guide
And many morehellip
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 45
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
Lorman Live Webinars wwwlormancom You can find many more seminars listed at httpwwwlormancomlive-webinar
ON DEMAND WEBINARS
There are many OnDemand Webinars to choose from also
httpwwwlormancomondemand
8317 Electronic Record Retention Mistakes HR
Professionals Can Avoid
8317 HUD Section 3 Compliance Tips for Governments
8417 Paralegals Guide to Unauthorized Practice of Law
8817 Protecting High-Risk Clientsrsquo Assets Against lawsuits
8817 Tips and Tricks to Improve Your Telephone Attitude
8917 Rules and Guidelines When Dealing With Statute of
Limitations
8917 Utilizing Formulas in Microsoft Excel
81017 Early Retirement Incentives Navigating the Legal
Issues
And many more
Maricopa County Bar Association CLE CALENDAR
httpmcbasite-ymcomeventsevent_listasp
LEXIS NEXIS Paralegal Community
has some good information as well
Check it out at httplawlexisnexiscomcommunityportalarticlesdefaultaspxg=QfsTyLJ1USs=ampc=EZggD7hDKLw=
Arizona Bar Association wwwazbarorgCLE
OnDemand CLE
httpsazbarinreachcecomSearchmediaType=494a95bb-1e05-4c5b-a25f-36ad84bd4c39
82217 State Bar of Arizona Course on Professionalism
82317 Steering Clear of Malpractice Road Bumps
82417 Traffic Offenses
82517 Probate Rule 10(E)(2) Subsequent Training for Court-
Appointed Counsel
83017 A Survey of Family Law
And many more
ALA-ABI wwwali-abaorg
The ALI-ABA site has excellent online CLE courses forms printed books MP3 CDROMs CLE DVDs CLE MP3 Downloads CLE Court Materials and Course Papers
81017 Powers of Attorney Latest Legal Developments
81717 Creating and Maintaining a Paperless Practice
Improve Workflow Increase Efficiency
82317 Hot Topics in Legal Ethics
And many more
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 46
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
Organization for Legal Professionals wwwtheolporgeducation
Online Courses
Litigation Support Project Management
Paralegal Management Certificate Program
Project Management in Electronic Discovery
Computer Technology Skills for Paralegals
Legal amp EDiscovery Project Management Course
Institute of Paralegal Education httpipenbi-semscomContentaspxNavigationDataSource1=N63943 Webcasts amp Webinars httpipenbi-semscomContentaspxNavigationDataSource1=Rpp20NspEventDateSort7c1017c17cN63944-4294952056
Webcasts amp Webinars
8217 Medical records Made Easy for Paralegals
8817 Case Management for Paralegals Managing
Documents Files Calendars and Tasks
81717 A Paralegalrsquos Guide to Divorce Cases
82217 The Paralegalrsquos Guide to Probate
82317 Construction Law 101 for Paralegals
82417 Corporate Minute Books A How-To Guide for
Paralegals
82917 Smartphone Apps and Tricks for Paralegals
83017 Managing the Discovery Process A Paralegalrsquos Guide
91217 Paralegalrsquos Guide to Legal Research and Citation
Management
National Constitution Center wwwconstitutionconferencescom
8817 Legal and binding E-Contracts What Works in a Digital World
82117 Retaliation Claims Protect Clients from EEOC Charges amp Private Suits
West Legal Education wwwwestlegaledcentercom
If you know of any other sources for CLE and would like listings to be placed in this
publication please email Newsletterazparalegalorg
- Front Cover
- Table of Contents
- Board of Directors
- APA Announcements
- APA Member News
- 10 Employer Considerations in Light of Arizonas New Paid Sick Time
- Paralegals strike out on firing claims
- Wearable technology Counting the steps to a defense verdict
- August Webinar
- To Lay or Lie
- Sticky Business Etiquette Questions amp Answers
- September Webinar
- Tucson Paralegal Associations 38th Annual Seminar
- The Verdict
- The Brief
- NewBytes
- APA Job Bank
- Got CLE
-
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 19
Many have a problem with lie or lay How do you know when to use which one
Lay (lay laid laying) means ldquoto putrdquo or ldquoto placerdquo Because itrsquos a verb (action word) it requires an object to
complete the meaning
Please lay the groceries on the counter
She laid her resignation letter on the bossrsquos desk
He is always laying his schoolbooks on the kitchen table
Lie (lie lay lain lying) means ldquoto recline rest or stayrdquo or ldquoto take a position of restrdquo Unlike lay which re-
quires it lie cannot take an object
She said she was going to lie on the bed to test the mattress
The pleading was lying on his desk for him to sign
A way to remember the difference is that if you can replace the questionable lie or lay with place (or the correct
version of it) then you need to use the correct version of lay If it doesnrsquot use the correct version of lie
She wanted to (lay or lie) down for a nap Would you say ldquoShe wanted to place down for a naprdquo No So
the proper word would be lie
He (laid or lay) the coffee on his secretaryrsquos desk Is it ldquoHe placed the coffee on his secretaryrsquos deskrdquo Yes
Then laid is correct
Another reminder hint might be if you are going to plAce something then you are going to lAy it but if you
are going to rEst you are going to liE
Thanks to Kathy Sieckman PP PLS-SC ACP of wwwProofthatblogcom for the above
To Lay
or Lie
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 20
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 21
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 22
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 23
Occasionally we all come across
situations in which we wonder
Would Miss Manners approve But
in the digital age of social
networking the etiquette lines can
become even blurrier Following are
some common sticky business
etiquette questions and tips to help
tackle them
Social Media
Should I personalize my LinkedIn requests to
connect with others
Its perfectly fine to use the form letter and in fact
most people do it for convenience even when
connecting with close contacts But if you wish to
connect to someone you havent seen in a while take
the time to personalize the message and explain how
youve met
How do I keep my manager from getting wind of
my job search using LinkedIn
If you consistently have a voice share opinions and
articles and tend to your audience and your network
as a daily routine mdash and not just when youre looking
for work mdash then when its time to find that next career
opportunity none of your activity will look out of the
ordinary But its not smart to immediately update your
LinkedIn profile by adding a large number of new
contacts fleshing out your profile and soliciting
recommendations Adjust your settings so you dont
broadcast activity youre not willing to share Pay
particular attention to the Opportunity Preferences
section under Contact Settings If you say you are
interested in career opportunities you could be
sending a red flag to your manager You can gain
exposure among your peers by joining groups related
to your professional field Many recruiters are
members and scan the roster for potential hires
Contribute to the discussion and establish yourself as a
subject matter expert to catch their interest
Should I friend my boss or coworkers
This is the $64000 question and the feelings of those
on the receiving end may provide the answer (See
Thinking About Friending Your Boss on
Facebook on Page 10 of Business Etiquette The
New Rules in a Digital Age) If you do connect utilize
privacy settings and different friend lists to control
how mdash and with whom mdash you share content Be
sensitive to your professional environment some
industries or companies are much more engaged in
digital networking than others If youre starting a new
job take your cue from others before sending out
friend requests to your new colleagues
Can Facebook postings hurt my job search
A good rule of thumb is to always post prudently If
you dont want your employer to see it get rid of it A
recent survey by our firm revealed that 44 percent of
executives review the Facebook presence of potential
hires Even if your account is just for fun keep it in
check To put your Facebook on a privacy lockdown
click on the drop-down Account menu in the top
right corner and select Privacy Settings Keep in
mind that Facebook may change its privacy features at
(Continued on page 24)
Sticky Business Etiquette Questions amp Answers
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 24
any time and you might not be aware of the changes
when they occur Always assume that anything you
post online may become public
Should I use Facebook at work
Maybe if its for work-related purposes and not just
keeping your friends updated on your weekend
activities Then again maybe not Thirty-eight percent
of chief information officers interviewed by Robert
Half have implemented stricter social networking
policies as these tools have become more prevalent in
the workplace If youre not sure what rules your firm
has in place check with your manager or human
resources representative Your best bet is your own
good judgment Just as you would expect to restrict
personal phone calls or conversation at work you
should limit personal use of social networking
platforms too
Whats the right way to decline a request to
connect with someone
While an automated No thank you could make our
lives easier no response at all might be your best bet
Dont feel pressured to connect with someone you
would rather not form a relationship with and dont
feel the need to explain your decision If you expect
you might run into the individual in person be
prepared in case you are confronted about it Simply
click Ignore especially if the person is a stranger
If someone follows me on Twitter should I
automatically follow him or her back
No because you may end up unfollowing the person
later Before following people check out their feed
bio and previous tweets to get a sense of them or their
organization and determine if youll be interested in
seeing the kind of content they share Although its
considered good etiquette to follow someone back
dont do it indiscriminately Its your feed and you
want to make it valuable to you
Emails and Conference Calls
Uh oh I sent a confidential email to the wrong
person What do I do now
Its not a lost cause and there are a few steps you can
take First try to use the recall function of your email
program But keep in mind that not all applications
offer this option and various factors can affect how
successful it is If this step doesnt solve the problem
you need to limit the impact of your mistake Contact
those who are affected the recipient and possibly the
person to whom you intended to send the message
Explain your error and if you need their help
correcting it You also may need to inform your
manager of the mistake
How responsive should I be to e-mail when Im on
vacation
It depends on whether you want to have a real
vacation If your Out of Office says youre not
checking e-mail on vacation dont check and respond
to messages Doing so changes expectations and
implies youre more accessible than you said youd be
Instead be considerate to others needs while you are
out and list a back-up contact in your Out of Office
auto response
I forgot to attach a file before sending an emailhellip
again How can I avoid this in the future
Slow down Everyone forgets to attach a file from
time to time because theyre in a rush But repeatedly
making this mistake can cause your colleagues to
question your attention to detail Going forward try
attaching your file before you compose your message
This way you can be sure it makes it to the recipient
Just make sure you attach the right file
How can I prevent my colleagues from scheduling
conference calls over lunch
Everyone should have a chance to eat lunch Often
people simply look for an open spot on others
calendars when scheduling a meeting So you might
consider blocking out your lunch hour to ensure you
have time to grab a bite to eat Although it may be
unavoidable to meet during this time on occasion you
might find that this simple step helps you out
Thanks to Robert Half for this information To learn more about
Robert Half visit wwwroberthalfcom
(Sticky Business hellip Continued from page 23)
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 25
3150 N 24th Street
Suite D-104
Phoenix AZ 85016
6022569700
The Nationwide Legal LLC team provides a
broad spectrum of comprehensive legal support
services at an unparalleled level of quality NWL
utilizes state-of-the-art technology to deliver
practical and cost-effective solutions for all of
your legal support service needs wwwNationwideASAPcom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 26
BILLING
BLUNDERS AND
FEE AGREEMENT
ESSENTIALS Speaker
Lynda C Shely
Esq
Ethics Lawyer
Speaker
Consultant
APA WEBINAR
Wednesday September 13 2017
1200-100 pm
COST APA Members $25 (or use your free 2017 webinar coupon) All others $30
This webinar qualifies for 1 hour Ethics CLE credit
Lynda C Shely of The Shely Firm PC Scottsdale Arizona provides ethics advice to over 1500 law firms in Arizona and the
District of Columbia on a variety of topics including conflicts of interest fees and billing trust account procedures lawyer
transitions multi-jurisdictional practice ancillary businesses and ethics requirements for law firm advertisingmarketing She also
assists lawyers in responding to initial Bar charges performs law office risk management reviews and trains law firm staff in
ethics requirements Lynda serves as an expert witness and frequently presents continuing legal education programs around the
country Prior to opening her own firm she was the Director of Lawyer Ethics for the State Bar of Arizona Prior to moving to
Arizona Prior to moving to Arizona Lynda was an intellectual propertyantitrust associate with Morgan Lewis amp Bockius in
Washington DC Lynda received her BA from Franklin amp Marshall College in Lancaster PA and her JD from Catholic
University in Washington DC
Lynda was the 2015-2016 President of the Association of Professional Responsibility Lawyers She serves on several State Bar of
Arizona Committees and as a liaison to the ABA Standing Committee on Ethics and Professional Responsibility She is an
Arizona Delegate in the ABA House of Delegates Lynda has received several awards for her contributions to the legal profession
including the 2007 State Bar of Arizona Member of the Year award the Scottsdale Bar Associationrsquos 2010 Award of Excellence
and the 2015 AWLA Maricopa Chapter Ruth V McGregor award She is a prior chair of the ABA Standing Committee on
Client Protection and a past member of the ABArsquos Professionalism Committee and Center for Professional Responsibility
Conference Planning Committee Lynda was the 2008-2009 President of the Scottsdale Bar Association She has been an adjunct
professor at all three Arizona law schools teaching professional responsibility
LAST DAY TO REGISTER FRIDAY September 8 2017 at 500 PM
Click Here to Register httpazparalegalorgevent-2588123
Ethical and practical considerations for all firms ndash even those that think they do not need to
track hourly time Lynda will review what clauses are mandatory for all fee agreements in Ar-
izona as well as clauses that will help with client communications and expectations Billing
tips will go over the five things to never do in a time entry why block billing is prohibited in
Arizona how to get paid faster and common mistakes made in client invoices
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 27
WOOLSTON amp TARTER PC AUDIT DEFENSE amp TAX LITIGATION
Congratulations to the Arizona
Paralegal Association on 40
successful years of promoting the
paralegal profession
In just about every area of society therersquos nothing more important than ethics
Henry Paulson
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 28
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 29
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 30
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 31
Jason Bagley
Senior Territory Manager
(602) 559-4587
jasonbagleylexisnexiscom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 32
GENDER EQUALITY
The process of voir dire sometimes includes
subtle and not-so-subtle attempts at gender
stacking of jurors to prevent or create bias
toward a plaintiff Other demographic factors
may be more influential but gender is still
important though not necessarily in the way
one would suspect
The accompanying chart based on California New York and Texas cases reported to VerdictSearch depicts
plaintiffsrsquo winning percentages according to the plaintiffrsquos gender and the juryrsquos composition Bias is evident
but it is not dependent on the plaintiffrsquos gender
Any plaintiffrsquos winning percentage is substantially greater when his or her case is heard by a female-
dominated jury rather than a male-dominated jury or a gender-neutral jury The takeaway All other factors
being equal plaintiffs are best served by female jurors The equation flips when it comes to awarding
damages but thatrsquos a topic for another study
Thank you to Verdict Search for this analysis To learn more about VerdictSearch visit
wwwVerdictSearchcom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 33
Vol 13 No 8 August 2017
Fees Increase in One Week
Most filing and service fees will increase on Wednesday August 9 2017 Documents submitted for filing that are received by the Clerks office (file counter by mail or through a filing depository box) on or before August 8 will be subject to the current fees Documents received for filing on and after August 9 will be subject to the new fees Fees are posted on the Clerkrsquos website at httpwwwclerkofcourtmaricopagovfeesasp
Appeal and Cost Bond Info Online
Court rules statutes court orders or other authorities may require posting appeal or cost bonds with the Clerks Office Depending on the type of issue the parties the complexity of the case and other factors years can pass between the bond posting date and resolution of related issues During that time parties attorneys and the courts may overlook issuing a court order releasing the money The Clerks Office holds the funds until a court order directs the Clerk specifically what to do with those funds The Clerkrsquos Office has now posted lists online of bonds posted with the Clerks Office where the need for the bond may have ended and no court order was filed allowing the Clerk to return the money If you or your clients posted an appeal or cost bond in any case it is worth checking if funds are still on hold
Customers can search the online lists by party name or case number A party or their attorney must file a petition with the court requesting an order be issued directing the Clerk to release these funds The Clerks Office will only release money by court order and only as specifically directed in the order For more information about the deposit or release of these funds including specific information the Clerkrsquos Office needs before releasing money see the Clerkrsquos website at httpwwwclerkofcourtmaricopagovrelease_bondsasp The Clerks Office will only assist parties to a case or their attorneys Third-party vendors personal representatives and other non-parties must be named in a court order to obtain detailed information or to receive a payment check
Law Library Resource Center Filings Grow by Leaps and Bounds
Last year the Superior Court in Maricopa County renamed relocated and expanded its self-service center into the Law Library Resource Center (LLRC) The Clerkrsquos Office staffs a filing counter within the downtown Phoenix LLRC to allow customers a one-stop-shop for research drafting and filing court documents Filings within the LLRC have gone up every month since its establishment In January 2017 the file counter handled 406 transactions and nearly doubled that volume by the end of March 2017 with 802 transactions In June the file counter processed more than 1000 transactions Clerk staff at this window can process fee deferral applications adding to customersrsquo onsite convenience For more information about the LLRCrsquos services locations and other details see the Superior Courtrsquos website at httpswwwsuperiorcourtmaricopagovSuperiorCourtLawLibraryResourceCenter
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 34
THANK YOU
Our Charity Raffle Prize Drawing for this beautiful quilt donated by the Emmanuel Lutheran Quilters of Prescott Valley Arizona raised $350
All proceeds have been provided to Feed Hungry Children Program in Prescott Valley Arizona
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 35
Paralegal robot reviews patent documents There is a new software RoboReview that helps patent
lawyers draft applications that are more likely to pass muster with the USPTO It automates paralegal
work bringing more rigor to the task of researching prior art and potentially saving thousands of dollars
on a filing Typically this review is done by humans doing multiple searches To read more visit the
ABA Journal httpwwwabajournalcomnewsarticlepatent_document_robot_legal_review
Paralegal cries after being charged with stealing $12 million from law firm The paralegal was an
office manager for a law firm in downtown Toledo where prosecutors allege she embezzles money from
the firm and from the trust account of a disabled client between 2008 and September 2015 The suit
claims that the paralegal forged signatures and falsified bookkeeping software and other records to steal
from the firm The paralegal cried throughout the bond hearing She has been fired To read more about
this case visit httpwwwtoledobladecomCourts20170712Bond-set-at-100K-for-office-manager-
charged-with-embezzling-1-2Mhtml
Paralegal re-appointed to Florida Bar Section Priscilla Horn Warren a nationally and Florida
certified paralegal will continue to serve on the States Solo and Small Firm Section as their paralegal
representative for 2017-2018 term Warren has continuously served as paralegal liaison with the section
since 1995
Law Firm not liable for paralegal mistake on $15 bn loan A New York Judge found that the firm did
not owe a duty of case to third parties The paralegal had accidentally cancelled the security interest of a
$15 billion loan to General Motors The firm did not represent the lenders and as such did not owe a duty
to third parties JP Morgan Chase acted as lenders and its lawyers also missed the mistake The mistake
was only noticed when GM filed for bankruptcy protection in 2009 To read more visit
httpwwwgloballegalpostcombig-storiesmayer-brown-not-liable-for-paralegal-mistake-on-$15-bn-
loan-73921531
Lawyer and paralegal arrested after being found with meth pipes and other drug paraphernalia
The attorney claimed that the equipment didnt belong to him (my paralegal did it defense) To read
more visit httpwwwarkansasmatterscomnewslocal-newsconway-lawyer-and-paralegal-arrested-on-
drug-possession769588833
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 36
DIAMOND SPONSORS
National Health Finance
ABI Document Support Services
RUBY SPONSORS
Nationwide Legal Inc
Vocational Diagnostics Inc
EMERALD SPONSORS
MBA Legal Transcription
First Legal Network
LexisNexis
Coash amp Coash
Robert E ldquoBobrdquo Underdown The Insurance Archaeologist
Jones Skelton amp Hochuli
THANK YOU TO OUR SPONSORS AT OUR ANNUAL LEGAL CONFERENCE AND 40TH ANNIVERSARY CELEBRATION
Thank you to the individuals and businesses that support the Arizona Paralegal
Association in our efforts to promote and educate the paralegal community by
becoming Legal Seminar Sponsors The assistance of our sponsors has been vital in
bringing educational programs to paralegals across Arizona This Legal Seminar would
not be possible without the help of the sponsors and we hope you will join us in
PEARL SPONSORS
Compex Legal Services Inc
Kathy Hanchette Premier Designs
Robson Forensic
Parasec
Iron Mountain
Litigation Services
Fronteo
The Morton Group
Integrated Medical Evaluations Inc
Elite Medical Experts
Lynn Tofaute Yanbal Jewelry
Griffin amp Associates
Discovia
Woolston amp Tarter PC
Ottmar amp Associates
Ballard Spahr LLP
DTI Global
Thank you to these Northern Arizona sponsors who have generously donated
prizes for the Arizona Paralegal Association drawing
Murphyrsquos Restaurant Prescott Arizona
Susanne Chacon Scentsy 9287108777
Yavapai Title 9284452528
Mangum Pearce Court Reporting 9284451909
Prescott Law group PLC 9284451909
Emmanuel Lutheran Quilters Prescott Valley
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 37
Congratulations to the Arizona Paralegal Association on 40 years
1 East Washington St Suite 2300
Phoenix AZ 85004
602798-5400
wwwballardspahrcom
6024851488
wwwOtmarAssoccom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 38
APA MEMBER JOB BANK
DONrsquoT FORGET TO CHECK OUR ONLINE
JOB BANK FOR UP-TO-DATE JOB LISTINGS
at httpwwwazparalegalorgjobbank
[In order to view the online Job Bank you must login
to our new website (using your email and password)
If you experience any difficulty logging in please
contact membershipazparalegalorg for assistance]
PARALEGAL - BANKRUPTCY LITIGATION
Position Overview
Under the supervision of one or more lawyer(s) the
Paralegal assists in the delivery of quality efficient
and accessible legal services in the bankruptcy real
estate corporate andor commercial litigation practice
groups
Responsibilities
Draft routine pleadings statements affidavits
andor other legal documentation as appropriate at
the specific direction of attorneys
Prepare initial drafts of legal documents for
bankruptcy proceedings including case captions
and simple pleadings such as claim forms requests
for notice or judicial notice etc
Arrange Court Call appearances communicates
and cooperates with Court clerks on filings and
appearance requirements and interacts with Court
personnel as necessary to serve client needs
Prepare initial drafts of fee applications when
representing estate professionals and oversecured
creditors in bankruptcy cases and in connection
with fee awards in other litigation contexts
including exhibits and declarations in support
Compile documents in connection with appeals
including designations and indexes of the record
district court elections and requests for transcripts
Draft notices of appearance substitutions of
counsel documents pro hac vice applications and
corporate ownership statements
Assist with discovery-related filings including
Bankruptcy Rule 2004 examination applications
notices and orders subpoenas and notice of
servicecompliance
Manage non-judicial trustees sale process
including security instrument review public
record filing review notice drafting service
completion bid compilation sale procedures
communications with interested parties deed upon
sale drafting and all necessary public recording
and filing
Perform ECF filings and review local rules for
pleading forms notice and service requirements
Fulfill duties to deliver court copies courtesy
copies lodged order uploads in pdf or Word and
complies with all local rule requirements
Organize index and track large numbers of
documents including development of information
(Continued on page 39)
DO YOU KNOW OF A PARALEGAL POSITION AT YOUR PLACE OF EMPLOYMENT
If so advise your employer that the APA offers ad space for paralegal jobs to employers free of charge To place a job bank ad or for information on a job send an e-mail to Betsy Wolf at jobbankazparalegalorg
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 39
APA MEMBER JOB BANK
retrieval systems performs all case management
functions
Perform calendaring or docketing of information
as needed
Research and obtain information from various
courts administrative bodies public information
sources etc
Performs electronic research using PACER court
websites Westlaw and Lexis in addition to
Shepardizing and Bluebooking citations
Coordinate efforts with trials and hearings such as
taking notes handling exhibits organizing and
gathering factual information etc
Attend trials or client meetings as needed inside
and outside the office that require face-to-face
contact
Coordinate vendors in conjunction with a project
such as court reporters process servers copy
vendors etc
Track time in DTE and assures that services
provided are properly charged to the client
Track expenses for travel client meetings and
court appearances
Essential Job SpecificationsQualifications
Familiarity with pleading notice and service rules
triggered in Chapter 7 and 11 Bankruptcy Courts
Familiarity with Uniform Commercial Code
enforcement process and procedures
Familiarity with basic corporate formation
practices and procedures
Ability to perform ECF filings
Excellent computer skills including Word Excel
PowerPoint and database applications
Ability to deal professionally with all levels of
clients both internally and externally
Proven ability to solve problems work
independently and tackle projects with minimal
supervision
Ability to be flexible meet deadlines handle
pressure and adapt to changing work priorities
work flow and work assignments
Ability to effectively and respectfully
communicate verbally and in writing with other
staff lawyers management and clients
Ability to organize a large amount of data and files
into an efficient system (both electronic and
hardcopy) for easy filing and retrieval
Ability to maintain confidences as well as build
confidences and trust
Ability to pay close attention to detail
Ability to work overtime up to 10 or more hours
per week
Ability to work off-site at client location(s) for
extended periods of time
Requires the ability to regularly report to work on
the days and times scheduled or alternatively to
work flex hours depending on lawyer and client
needs
Physical Demands
Ability to work in a typical office environment and
lift up to 25 lbs NOTE Reasonable
accommodations may be made to enable
individuals with disabilities to perform the
essential functions
Travel
Ability to travel locally
EducationExperienceCertifications
Bachelors Degree andor Paralegal Certificate
Minimum of two years experience with
bankruptcy and litigation practice(s) at a law firm
Disclaimer
The above statements are intended to describe the
general nature and level of work being performed by
the incumbent in the position They are not intended
to be an exhaustive list of all responsibilities duties
and skills of the employee Duties and responsibilities
may change at any time with or without notice
(Job Bank hellip Continued from page 38)
(Continued on page 40)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 40
How to Apply Please send resume to
lisaspannbryancavecom
Equal Opportunity Employer
LITIGATION PARALEGAL - INSURANCE
DEFENSE
Jones Skelton amp Hochuli is seeking an ambitious
paralegal with 5+ years of experience in general civil
litigation and experience in State and Federal courts
The ideal candidate will have a stable work history
and exceptional communication and organizational
skills We offer a competitive salary and benefits
package and a team-oriented working environment
Please email your resume to Recruitingjshfirmcom
AAEOE
EXPERIENCED LITIGATION PARALEGAL
Dickinson Wright PLLC (Phoenix office) is in need of
a litigation paralegal
Requires a minimum of three yearsrsquo recent experience
in Arizona law
Job Description
Organize and synthesize information through the
preparation of summaries chronologies reports
spreadsheets
Draft and review routine legal documents (eg
privilege logs exhibit lists discovery disclosures
etc)
Assist attorneys on cases by providing
computerized support to help them plan organize
research analyze argue and present their cases in
a more cost and time efficient manner
Provide the day-to-day support of data
management
Assist attorney in trial preparation and set-up of
electronic equipment in the courtroom provides
court assistance as required
Assist with managing cases projects on various
levels and at various stages of the litigation
process
Candidates must have excellent communication skills
for contacting clients experts and other outside
parties have knowledge of state and federal court
rules procedures and e-filing requirements drafting
be self-motivated a team player proficient in MW
Word Outlook 2010 and a working knowledge of
document management systems Relativity and Trial
Director experience is a must
EducationalExperience requirements
Paralegal certificate from ABA school or
certification
We offer a competitive salary and benefits package
and an outstanding work environment All candidates
must submit a cover letter resume and salary history
Please email resumes to
LMandellDickinsonwrightcom
EXPERIENCED FAMILY LAW PARALEGAL
Cantor Law Group an AV-rated six-attorney family
law firm located in downtown Phoenix seeks a sharp
paralegal with at least two years of recent Arizona
family law experience In this position you will work
closely with an associate attorney to manage a case
load of 40+ cases covering a wide range of domestic
relations issues Experience with high-asset andor
DCS cases is a plus Must be a strong writer able to
draft pleadings and correspondence Exceptional
people skills are needed as there is a great deal of
client contact
An attractive compensation and benefits package is
available for the right candidate In addition to a
competitive salary and bonus opportunities we offer
an outstanding benefits package including ten paid
(Job Bank hellip Continued from page 39)
(Continued on page 41)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 41
holidays per year ten days paid vacation days yearly
five days personal paid time off yearly as well as the
availability of medical dental vision and life
insurance A 401K with a very generous employer
match is offered after one year
Requirements
2 years recent Arizona family law experience
Proactive able to handle and direct caseload with
minimal supervision
Attention to detail and excellent follow-up
Excellent analytical capabilities amp writing skills
able to draft substantive motions for attorney
review
Work well as a member of a fast-paced team
Professional appearance demeanor and attitude
Great client relations skills
Excellent computer skills including proficiency in
MS Word and other MS Office applications
Paralegal certification preferred (not required)
Knowledge of Time Matters or other case
management software a plus
Please send resumes to hrdmcantorcom
EXPERIENCED CRIMINAL DEFENSE
PARALEGAL
The Law Offices of David Michael Cantor an AV
rated criminal defense firm in Downtown Phoenix is
seeking an experienced paralegal with felony amp
misdemeanor experience to work closely with our
attorneys Our practice includes the full spectrum of
criminal charges and you will have the opportunity to
work on cases involving drug charges violent crime
sex offenses white collar crime property crime and
DUIs
The job
Proactively manage a substantial caseload without
direct supervision
Prepare and file pleadings according to attorney
instructions
Prepare trial notebooks and handle all trial prep
work
Create high quality correspondence and other
documents with little to no supervision
Maintain professional relationships with law
enforcement and prosecutors
Provide excellent customer service for our clients
Support 1-2 attorneys
We offer
Competitive compensation
Outstanding benefits including medical dental
vision lifeADampD coverage
401K with generous employer match
Paid vacation and sick time
Ten paid holidays per year
You
2+ years of private Arizona defense experience
handling both misdemeanor and felony charges
Familiar with Arizona courts and MVD
Proactive ndash needs little supervision
Great follow-up skills and attention to detail
Excellent writing skills
Professional appearance and behavior
MS Word and other MS Office applications
Keyboard speed 50+ wpm
Reliable
Enjoy being a member of a friendly team of
professionals
Experience with Abacus or other case
management software desirable
Please send resumes to hrdmcantorcom
PARALEGAL
Sentry Insurance is looking for a Paralegal to provide
litigation and administrative support to our Staff
(Job Bank hellip Continued from page 40)
(Continued on page 42)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 42
Counsel operation If you are looking for a career
with great potential choose the company with the
strength and stability to offer it all
What Yoursquoll Do
As the Paralegal yoursquoll assist the attorney staff by
performing legal activities which do not require
attorney signature client advise or appearances in
court In addition yoursquoll
Assist in the preparation of responses to discovery
under direct supervision of an attorney
Perform factual investigations and document
searches
Obtain investigative materials and policy
information
Contact insureds and other witnesses to obtain
factual statements
Coordinate scheduling of litigation activities and
witness appearances
What it Takes
Associate Degree or equivalent work experience
2-5 years of related work experience at least one
year in litigation practice
American Bar Association-Certified Paralegal
Training
Advanced knowledge of case management and
knowledge of and ability to perform legal
research
Experience with resources such as Westlaw and
Lexis
Strong analytical ability and knowledge of
litigation processes
Strong organizational and communication skills
Ability to maintain confidentiality
Strong working knowledge of the Internet
PowerPoint Excel and Word and familiarity with
legal case management software (ProLaw Clio
etc)
Ability to work independently and in multi-
jurisdictional venues
Must be able to meet travel requirements of the
job
What Yoursquoll Receive
We offer an outstanding array of benefits for our
associates including
Competitive Compensation
Group Medical Dental Vision and Life benefits
Generous Paid-Time Off - including Company
Holidays
401k plan with a dollar-for-dollar match on your
first six percent ndash immediate vesting
Access to more than 100 certification designation
and licensing courses
Career advancement opportunities
Why Sentry Insurance
Sentry employees have been helping individuals and
businesses build and protect their futures since 1904
Because of the trust placed in us Sentry is one of the
largest and strongest mutual insurance companies in
the United States and is rated A+ by AM Best the
industrys leading rating authority Sentry offers a full
line of property casualty and life insurance products
to protect businesses cars homes lives and retirement
incomes
So make the right choice - with great potential for
growth an outstanding 401(k) program and a schedule
that offers you a balance between your work and life
choose the company with the strength and stability to
offer it all Choose Sentry Insurance Sentry
Insurance is an Equal Opportunity Employer Apply
online at httpsjobssentrycomsearch119871
FULL-TIME LEGAL SECRETARY ASSISTANT
Mid-sized law office is seeking a self-motivated and
highly organized legal secretary with a minimum of 5
years of experience supporting 2 or more attorneys
Position will support multiple attorneys with case
management assistance calendaring state and federal
court filings formatting correspondence and
(Job Bank hellip Continued from page 41)
(Continued on page 43)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 43
pleadings copying mailing and other clerical duties
Optimal candidate will be able to accept and
implement directives maintain focus in hectic
environment keep attorneys informed of progress at
regular intervals and prioritize multiple projects
Working knowledge of MS Word amp Excel required
Associatersquos degree and background in litigation andor
insurance preferred EEOC Please email reacutesumeacute and
cover letter with salary requirements to
admincdslawfirmcom
EXPERIENCED PLAINTIFFS PERSONAL
INJURY LEGAL ASSISTANT
Small growing fast-paced Central Phoenix Personal
Injury Law Firm seeking full-time Legal Assistant to
join our team
Candidate must have excellent skills and 5 years
experience in a Plaintiffs Personal Injury Law Firm
with an ability to perform in a fast paced environment
Bi-lingual (SpanishEnglish) preferred but not
required Position involves significant interaction with
clients and requires attention to detail Good
organizational skills with a strong work ethic are
essential as is the ability to multi-task
Responsibilities include handling a large pre-litigation
caseload interfacing with attorneys and legal
assistants Must be proficient with MS Word Outlook
and Needles Case Management (preferred but not
necessary) Salary is competitive and DOE
Qualified candidates should e-mail resume with a
cover letter detailing their skills employment history
and salary requirements to
acoronadoblakefirmcom
(Job Bank hellip Continued from page 42)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 44
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
NALA Campus LIVE - Live web seminars are offered in two sessions each year FebruarymdashMay and AugustmdashNovember Each ses-sion features about 30 on-line seminars The audio files and handout material are copyrighted by NALA and the authors They are for personal use only Duplication of any of the material or any commercial use is strictly prohibited
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics httpswwwnalaorgcontinuing-educationwebinars NALA Campus LIVE - Live web semi-nars are offered in two sessions each year FebruarymdashMay and AugustmdashNovember Each session features about 30 on-line seminars The audio files and handout material are copy-righted by NALA and the authors They are for personal use only Dupli-cation of any of the material or any commercial use is strictly prohibited
82217 Music Law and Intellectual Property Rights
82417 So the Plaintiffrsquos on Medicare
82017 The ABCrsquos of Special Education
In addition to the Live Webinars NALA has On-Demand Webinar Courses available httpswwwnalaorgcontinuing-educationon-demand-webinar NALA also has a wide variety of available Self-Study courses as well as the Live Webinars You can access the Self-Study courses here httpswwwnalaorgcontinuing-educationself-study Many of these courses are recommended for preparing for the CP exam
NATIONAL BUSINESS INSTITUTE
wwwnbi-semscom
Live Video Webcasts
httpwwwnbi-semscomDefaultaspxVideo-WebcastsNavigationDataSource1=N63782
OnDemand amp Downloads
httpwwwnbi-semscomContentaspxst=ArizonaampNavigationDataSource1=N63932-63947
8817 Probate Boot Camp
8917 Real Estate Title and Conveyance Handling the Top
Issues
8917 Marijuana Business Legal Considerations
81417 Legal Descriptions Title Insurance and Surveys in Real
Estate Transactions
81517 Advanced Custody and Support Issues
81617 Personal Injury Trials 101
82117 Trusts from Start to Finish
82217 How to Get Your Clients Paid Debt Collection 101
82317 Bankruptcy The Ultimate Guide to Chapter 7 and 13
82817 Conflicts of Interest A Practical Legal Ethics Guide
82917 Using LLCs to Protect Assets
83017 Complex Social Security Law Issues
83017 Dealing With Problem Employees A Legal Response
Guide
And many morehellip
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 45
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
Lorman Live Webinars wwwlormancom You can find many more seminars listed at httpwwwlormancomlive-webinar
ON DEMAND WEBINARS
There are many OnDemand Webinars to choose from also
httpwwwlormancomondemand
8317 Electronic Record Retention Mistakes HR
Professionals Can Avoid
8317 HUD Section 3 Compliance Tips for Governments
8417 Paralegals Guide to Unauthorized Practice of Law
8817 Protecting High-Risk Clientsrsquo Assets Against lawsuits
8817 Tips and Tricks to Improve Your Telephone Attitude
8917 Rules and Guidelines When Dealing With Statute of
Limitations
8917 Utilizing Formulas in Microsoft Excel
81017 Early Retirement Incentives Navigating the Legal
Issues
And many more
Maricopa County Bar Association CLE CALENDAR
httpmcbasite-ymcomeventsevent_listasp
LEXIS NEXIS Paralegal Community
has some good information as well
Check it out at httplawlexisnexiscomcommunityportalarticlesdefaultaspxg=QfsTyLJ1USs=ampc=EZggD7hDKLw=
Arizona Bar Association wwwazbarorgCLE
OnDemand CLE
httpsazbarinreachcecomSearchmediaType=494a95bb-1e05-4c5b-a25f-36ad84bd4c39
82217 State Bar of Arizona Course on Professionalism
82317 Steering Clear of Malpractice Road Bumps
82417 Traffic Offenses
82517 Probate Rule 10(E)(2) Subsequent Training for Court-
Appointed Counsel
83017 A Survey of Family Law
And many more
ALA-ABI wwwali-abaorg
The ALI-ABA site has excellent online CLE courses forms printed books MP3 CDROMs CLE DVDs CLE MP3 Downloads CLE Court Materials and Course Papers
81017 Powers of Attorney Latest Legal Developments
81717 Creating and Maintaining a Paperless Practice
Improve Workflow Increase Efficiency
82317 Hot Topics in Legal Ethics
And many more
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 46
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
Organization for Legal Professionals wwwtheolporgeducation
Online Courses
Litigation Support Project Management
Paralegal Management Certificate Program
Project Management in Electronic Discovery
Computer Technology Skills for Paralegals
Legal amp EDiscovery Project Management Course
Institute of Paralegal Education httpipenbi-semscomContentaspxNavigationDataSource1=N63943 Webcasts amp Webinars httpipenbi-semscomContentaspxNavigationDataSource1=Rpp20NspEventDateSort7c1017c17cN63944-4294952056
Webcasts amp Webinars
8217 Medical records Made Easy for Paralegals
8817 Case Management for Paralegals Managing
Documents Files Calendars and Tasks
81717 A Paralegalrsquos Guide to Divorce Cases
82217 The Paralegalrsquos Guide to Probate
82317 Construction Law 101 for Paralegals
82417 Corporate Minute Books A How-To Guide for
Paralegals
82917 Smartphone Apps and Tricks for Paralegals
83017 Managing the Discovery Process A Paralegalrsquos Guide
91217 Paralegalrsquos Guide to Legal Research and Citation
Management
National Constitution Center wwwconstitutionconferencescom
8817 Legal and binding E-Contracts What Works in a Digital World
82117 Retaliation Claims Protect Clients from EEOC Charges amp Private Suits
West Legal Education wwwwestlegaledcentercom
If you know of any other sources for CLE and would like listings to be placed in this
publication please email Newsletterazparalegalorg
- Front Cover
- Table of Contents
- Board of Directors
- APA Announcements
- APA Member News
- 10 Employer Considerations in Light of Arizonas New Paid Sick Time
- Paralegals strike out on firing claims
- Wearable technology Counting the steps to a defense verdict
- August Webinar
- To Lay or Lie
- Sticky Business Etiquette Questions amp Answers
- September Webinar
- Tucson Paralegal Associations 38th Annual Seminar
- The Verdict
- The Brief
- NewBytes
- APA Job Bank
- Got CLE
-
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 20
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 21
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 22
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 23
Occasionally we all come across
situations in which we wonder
Would Miss Manners approve But
in the digital age of social
networking the etiquette lines can
become even blurrier Following are
some common sticky business
etiquette questions and tips to help
tackle them
Social Media
Should I personalize my LinkedIn requests to
connect with others
Its perfectly fine to use the form letter and in fact
most people do it for convenience even when
connecting with close contacts But if you wish to
connect to someone you havent seen in a while take
the time to personalize the message and explain how
youve met
How do I keep my manager from getting wind of
my job search using LinkedIn
If you consistently have a voice share opinions and
articles and tend to your audience and your network
as a daily routine mdash and not just when youre looking
for work mdash then when its time to find that next career
opportunity none of your activity will look out of the
ordinary But its not smart to immediately update your
LinkedIn profile by adding a large number of new
contacts fleshing out your profile and soliciting
recommendations Adjust your settings so you dont
broadcast activity youre not willing to share Pay
particular attention to the Opportunity Preferences
section under Contact Settings If you say you are
interested in career opportunities you could be
sending a red flag to your manager You can gain
exposure among your peers by joining groups related
to your professional field Many recruiters are
members and scan the roster for potential hires
Contribute to the discussion and establish yourself as a
subject matter expert to catch their interest
Should I friend my boss or coworkers
This is the $64000 question and the feelings of those
on the receiving end may provide the answer (See
Thinking About Friending Your Boss on
Facebook on Page 10 of Business Etiquette The
New Rules in a Digital Age) If you do connect utilize
privacy settings and different friend lists to control
how mdash and with whom mdash you share content Be
sensitive to your professional environment some
industries or companies are much more engaged in
digital networking than others If youre starting a new
job take your cue from others before sending out
friend requests to your new colleagues
Can Facebook postings hurt my job search
A good rule of thumb is to always post prudently If
you dont want your employer to see it get rid of it A
recent survey by our firm revealed that 44 percent of
executives review the Facebook presence of potential
hires Even if your account is just for fun keep it in
check To put your Facebook on a privacy lockdown
click on the drop-down Account menu in the top
right corner and select Privacy Settings Keep in
mind that Facebook may change its privacy features at
(Continued on page 24)
Sticky Business Etiquette Questions amp Answers
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 24
any time and you might not be aware of the changes
when they occur Always assume that anything you
post online may become public
Should I use Facebook at work
Maybe if its for work-related purposes and not just
keeping your friends updated on your weekend
activities Then again maybe not Thirty-eight percent
of chief information officers interviewed by Robert
Half have implemented stricter social networking
policies as these tools have become more prevalent in
the workplace If youre not sure what rules your firm
has in place check with your manager or human
resources representative Your best bet is your own
good judgment Just as you would expect to restrict
personal phone calls or conversation at work you
should limit personal use of social networking
platforms too
Whats the right way to decline a request to
connect with someone
While an automated No thank you could make our
lives easier no response at all might be your best bet
Dont feel pressured to connect with someone you
would rather not form a relationship with and dont
feel the need to explain your decision If you expect
you might run into the individual in person be
prepared in case you are confronted about it Simply
click Ignore especially if the person is a stranger
If someone follows me on Twitter should I
automatically follow him or her back
No because you may end up unfollowing the person
later Before following people check out their feed
bio and previous tweets to get a sense of them or their
organization and determine if youll be interested in
seeing the kind of content they share Although its
considered good etiquette to follow someone back
dont do it indiscriminately Its your feed and you
want to make it valuable to you
Emails and Conference Calls
Uh oh I sent a confidential email to the wrong
person What do I do now
Its not a lost cause and there are a few steps you can
take First try to use the recall function of your email
program But keep in mind that not all applications
offer this option and various factors can affect how
successful it is If this step doesnt solve the problem
you need to limit the impact of your mistake Contact
those who are affected the recipient and possibly the
person to whom you intended to send the message
Explain your error and if you need their help
correcting it You also may need to inform your
manager of the mistake
How responsive should I be to e-mail when Im on
vacation
It depends on whether you want to have a real
vacation If your Out of Office says youre not
checking e-mail on vacation dont check and respond
to messages Doing so changes expectations and
implies youre more accessible than you said youd be
Instead be considerate to others needs while you are
out and list a back-up contact in your Out of Office
auto response
I forgot to attach a file before sending an emailhellip
again How can I avoid this in the future
Slow down Everyone forgets to attach a file from
time to time because theyre in a rush But repeatedly
making this mistake can cause your colleagues to
question your attention to detail Going forward try
attaching your file before you compose your message
This way you can be sure it makes it to the recipient
Just make sure you attach the right file
How can I prevent my colleagues from scheduling
conference calls over lunch
Everyone should have a chance to eat lunch Often
people simply look for an open spot on others
calendars when scheduling a meeting So you might
consider blocking out your lunch hour to ensure you
have time to grab a bite to eat Although it may be
unavoidable to meet during this time on occasion you
might find that this simple step helps you out
Thanks to Robert Half for this information To learn more about
Robert Half visit wwwroberthalfcom
(Sticky Business hellip Continued from page 23)
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 25
3150 N 24th Street
Suite D-104
Phoenix AZ 85016
6022569700
The Nationwide Legal LLC team provides a
broad spectrum of comprehensive legal support
services at an unparalleled level of quality NWL
utilizes state-of-the-art technology to deliver
practical and cost-effective solutions for all of
your legal support service needs wwwNationwideASAPcom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 26
BILLING
BLUNDERS AND
FEE AGREEMENT
ESSENTIALS Speaker
Lynda C Shely
Esq
Ethics Lawyer
Speaker
Consultant
APA WEBINAR
Wednesday September 13 2017
1200-100 pm
COST APA Members $25 (or use your free 2017 webinar coupon) All others $30
This webinar qualifies for 1 hour Ethics CLE credit
Lynda C Shely of The Shely Firm PC Scottsdale Arizona provides ethics advice to over 1500 law firms in Arizona and the
District of Columbia on a variety of topics including conflicts of interest fees and billing trust account procedures lawyer
transitions multi-jurisdictional practice ancillary businesses and ethics requirements for law firm advertisingmarketing She also
assists lawyers in responding to initial Bar charges performs law office risk management reviews and trains law firm staff in
ethics requirements Lynda serves as an expert witness and frequently presents continuing legal education programs around the
country Prior to opening her own firm she was the Director of Lawyer Ethics for the State Bar of Arizona Prior to moving to
Arizona Prior to moving to Arizona Lynda was an intellectual propertyantitrust associate with Morgan Lewis amp Bockius in
Washington DC Lynda received her BA from Franklin amp Marshall College in Lancaster PA and her JD from Catholic
University in Washington DC
Lynda was the 2015-2016 President of the Association of Professional Responsibility Lawyers She serves on several State Bar of
Arizona Committees and as a liaison to the ABA Standing Committee on Ethics and Professional Responsibility She is an
Arizona Delegate in the ABA House of Delegates Lynda has received several awards for her contributions to the legal profession
including the 2007 State Bar of Arizona Member of the Year award the Scottsdale Bar Associationrsquos 2010 Award of Excellence
and the 2015 AWLA Maricopa Chapter Ruth V McGregor award She is a prior chair of the ABA Standing Committee on
Client Protection and a past member of the ABArsquos Professionalism Committee and Center for Professional Responsibility
Conference Planning Committee Lynda was the 2008-2009 President of the Scottsdale Bar Association She has been an adjunct
professor at all three Arizona law schools teaching professional responsibility
LAST DAY TO REGISTER FRIDAY September 8 2017 at 500 PM
Click Here to Register httpazparalegalorgevent-2588123
Ethical and practical considerations for all firms ndash even those that think they do not need to
track hourly time Lynda will review what clauses are mandatory for all fee agreements in Ar-
izona as well as clauses that will help with client communications and expectations Billing
tips will go over the five things to never do in a time entry why block billing is prohibited in
Arizona how to get paid faster and common mistakes made in client invoices
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 27
WOOLSTON amp TARTER PC AUDIT DEFENSE amp TAX LITIGATION
Congratulations to the Arizona
Paralegal Association on 40
successful years of promoting the
paralegal profession
In just about every area of society therersquos nothing more important than ethics
Henry Paulson
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 28
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 29
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 30
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 31
Jason Bagley
Senior Territory Manager
(602) 559-4587
jasonbagleylexisnexiscom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 32
GENDER EQUALITY
The process of voir dire sometimes includes
subtle and not-so-subtle attempts at gender
stacking of jurors to prevent or create bias
toward a plaintiff Other demographic factors
may be more influential but gender is still
important though not necessarily in the way
one would suspect
The accompanying chart based on California New York and Texas cases reported to VerdictSearch depicts
plaintiffsrsquo winning percentages according to the plaintiffrsquos gender and the juryrsquos composition Bias is evident
but it is not dependent on the plaintiffrsquos gender
Any plaintiffrsquos winning percentage is substantially greater when his or her case is heard by a female-
dominated jury rather than a male-dominated jury or a gender-neutral jury The takeaway All other factors
being equal plaintiffs are best served by female jurors The equation flips when it comes to awarding
damages but thatrsquos a topic for another study
Thank you to Verdict Search for this analysis To learn more about VerdictSearch visit
wwwVerdictSearchcom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 33
Vol 13 No 8 August 2017
Fees Increase in One Week
Most filing and service fees will increase on Wednesday August 9 2017 Documents submitted for filing that are received by the Clerks office (file counter by mail or through a filing depository box) on or before August 8 will be subject to the current fees Documents received for filing on and after August 9 will be subject to the new fees Fees are posted on the Clerkrsquos website at httpwwwclerkofcourtmaricopagovfeesasp
Appeal and Cost Bond Info Online
Court rules statutes court orders or other authorities may require posting appeal or cost bonds with the Clerks Office Depending on the type of issue the parties the complexity of the case and other factors years can pass between the bond posting date and resolution of related issues During that time parties attorneys and the courts may overlook issuing a court order releasing the money The Clerks Office holds the funds until a court order directs the Clerk specifically what to do with those funds The Clerkrsquos Office has now posted lists online of bonds posted with the Clerks Office where the need for the bond may have ended and no court order was filed allowing the Clerk to return the money If you or your clients posted an appeal or cost bond in any case it is worth checking if funds are still on hold
Customers can search the online lists by party name or case number A party or their attorney must file a petition with the court requesting an order be issued directing the Clerk to release these funds The Clerks Office will only release money by court order and only as specifically directed in the order For more information about the deposit or release of these funds including specific information the Clerkrsquos Office needs before releasing money see the Clerkrsquos website at httpwwwclerkofcourtmaricopagovrelease_bondsasp The Clerks Office will only assist parties to a case or their attorneys Third-party vendors personal representatives and other non-parties must be named in a court order to obtain detailed information or to receive a payment check
Law Library Resource Center Filings Grow by Leaps and Bounds
Last year the Superior Court in Maricopa County renamed relocated and expanded its self-service center into the Law Library Resource Center (LLRC) The Clerkrsquos Office staffs a filing counter within the downtown Phoenix LLRC to allow customers a one-stop-shop for research drafting and filing court documents Filings within the LLRC have gone up every month since its establishment In January 2017 the file counter handled 406 transactions and nearly doubled that volume by the end of March 2017 with 802 transactions In June the file counter processed more than 1000 transactions Clerk staff at this window can process fee deferral applications adding to customersrsquo onsite convenience For more information about the LLRCrsquos services locations and other details see the Superior Courtrsquos website at httpswwwsuperiorcourtmaricopagovSuperiorCourtLawLibraryResourceCenter
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 34
THANK YOU
Our Charity Raffle Prize Drawing for this beautiful quilt donated by the Emmanuel Lutheran Quilters of Prescott Valley Arizona raised $350
All proceeds have been provided to Feed Hungry Children Program in Prescott Valley Arizona
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 35
Paralegal robot reviews patent documents There is a new software RoboReview that helps patent
lawyers draft applications that are more likely to pass muster with the USPTO It automates paralegal
work bringing more rigor to the task of researching prior art and potentially saving thousands of dollars
on a filing Typically this review is done by humans doing multiple searches To read more visit the
ABA Journal httpwwwabajournalcomnewsarticlepatent_document_robot_legal_review
Paralegal cries after being charged with stealing $12 million from law firm The paralegal was an
office manager for a law firm in downtown Toledo where prosecutors allege she embezzles money from
the firm and from the trust account of a disabled client between 2008 and September 2015 The suit
claims that the paralegal forged signatures and falsified bookkeeping software and other records to steal
from the firm The paralegal cried throughout the bond hearing She has been fired To read more about
this case visit httpwwwtoledobladecomCourts20170712Bond-set-at-100K-for-office-manager-
charged-with-embezzling-1-2Mhtml
Paralegal re-appointed to Florida Bar Section Priscilla Horn Warren a nationally and Florida
certified paralegal will continue to serve on the States Solo and Small Firm Section as their paralegal
representative for 2017-2018 term Warren has continuously served as paralegal liaison with the section
since 1995
Law Firm not liable for paralegal mistake on $15 bn loan A New York Judge found that the firm did
not owe a duty of case to third parties The paralegal had accidentally cancelled the security interest of a
$15 billion loan to General Motors The firm did not represent the lenders and as such did not owe a duty
to third parties JP Morgan Chase acted as lenders and its lawyers also missed the mistake The mistake
was only noticed when GM filed for bankruptcy protection in 2009 To read more visit
httpwwwgloballegalpostcombig-storiesmayer-brown-not-liable-for-paralegal-mistake-on-$15-bn-
loan-73921531
Lawyer and paralegal arrested after being found with meth pipes and other drug paraphernalia
The attorney claimed that the equipment didnt belong to him (my paralegal did it defense) To read
more visit httpwwwarkansasmatterscomnewslocal-newsconway-lawyer-and-paralegal-arrested-on-
drug-possession769588833
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 36
DIAMOND SPONSORS
National Health Finance
ABI Document Support Services
RUBY SPONSORS
Nationwide Legal Inc
Vocational Diagnostics Inc
EMERALD SPONSORS
MBA Legal Transcription
First Legal Network
LexisNexis
Coash amp Coash
Robert E ldquoBobrdquo Underdown The Insurance Archaeologist
Jones Skelton amp Hochuli
THANK YOU TO OUR SPONSORS AT OUR ANNUAL LEGAL CONFERENCE AND 40TH ANNIVERSARY CELEBRATION
Thank you to the individuals and businesses that support the Arizona Paralegal
Association in our efforts to promote and educate the paralegal community by
becoming Legal Seminar Sponsors The assistance of our sponsors has been vital in
bringing educational programs to paralegals across Arizona This Legal Seminar would
not be possible without the help of the sponsors and we hope you will join us in
PEARL SPONSORS
Compex Legal Services Inc
Kathy Hanchette Premier Designs
Robson Forensic
Parasec
Iron Mountain
Litigation Services
Fronteo
The Morton Group
Integrated Medical Evaluations Inc
Elite Medical Experts
Lynn Tofaute Yanbal Jewelry
Griffin amp Associates
Discovia
Woolston amp Tarter PC
Ottmar amp Associates
Ballard Spahr LLP
DTI Global
Thank you to these Northern Arizona sponsors who have generously donated
prizes for the Arizona Paralegal Association drawing
Murphyrsquos Restaurant Prescott Arizona
Susanne Chacon Scentsy 9287108777
Yavapai Title 9284452528
Mangum Pearce Court Reporting 9284451909
Prescott Law group PLC 9284451909
Emmanuel Lutheran Quilters Prescott Valley
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 37
Congratulations to the Arizona Paralegal Association on 40 years
1 East Washington St Suite 2300
Phoenix AZ 85004
602798-5400
wwwballardspahrcom
6024851488
wwwOtmarAssoccom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 38
APA MEMBER JOB BANK
DONrsquoT FORGET TO CHECK OUR ONLINE
JOB BANK FOR UP-TO-DATE JOB LISTINGS
at httpwwwazparalegalorgjobbank
[In order to view the online Job Bank you must login
to our new website (using your email and password)
If you experience any difficulty logging in please
contact membershipazparalegalorg for assistance]
PARALEGAL - BANKRUPTCY LITIGATION
Position Overview
Under the supervision of one or more lawyer(s) the
Paralegal assists in the delivery of quality efficient
and accessible legal services in the bankruptcy real
estate corporate andor commercial litigation practice
groups
Responsibilities
Draft routine pleadings statements affidavits
andor other legal documentation as appropriate at
the specific direction of attorneys
Prepare initial drafts of legal documents for
bankruptcy proceedings including case captions
and simple pleadings such as claim forms requests
for notice or judicial notice etc
Arrange Court Call appearances communicates
and cooperates with Court clerks on filings and
appearance requirements and interacts with Court
personnel as necessary to serve client needs
Prepare initial drafts of fee applications when
representing estate professionals and oversecured
creditors in bankruptcy cases and in connection
with fee awards in other litigation contexts
including exhibits and declarations in support
Compile documents in connection with appeals
including designations and indexes of the record
district court elections and requests for transcripts
Draft notices of appearance substitutions of
counsel documents pro hac vice applications and
corporate ownership statements
Assist with discovery-related filings including
Bankruptcy Rule 2004 examination applications
notices and orders subpoenas and notice of
servicecompliance
Manage non-judicial trustees sale process
including security instrument review public
record filing review notice drafting service
completion bid compilation sale procedures
communications with interested parties deed upon
sale drafting and all necessary public recording
and filing
Perform ECF filings and review local rules for
pleading forms notice and service requirements
Fulfill duties to deliver court copies courtesy
copies lodged order uploads in pdf or Word and
complies with all local rule requirements
Organize index and track large numbers of
documents including development of information
(Continued on page 39)
DO YOU KNOW OF A PARALEGAL POSITION AT YOUR PLACE OF EMPLOYMENT
If so advise your employer that the APA offers ad space for paralegal jobs to employers free of charge To place a job bank ad or for information on a job send an e-mail to Betsy Wolf at jobbankazparalegalorg
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 39
APA MEMBER JOB BANK
retrieval systems performs all case management
functions
Perform calendaring or docketing of information
as needed
Research and obtain information from various
courts administrative bodies public information
sources etc
Performs electronic research using PACER court
websites Westlaw and Lexis in addition to
Shepardizing and Bluebooking citations
Coordinate efforts with trials and hearings such as
taking notes handling exhibits organizing and
gathering factual information etc
Attend trials or client meetings as needed inside
and outside the office that require face-to-face
contact
Coordinate vendors in conjunction with a project
such as court reporters process servers copy
vendors etc
Track time in DTE and assures that services
provided are properly charged to the client
Track expenses for travel client meetings and
court appearances
Essential Job SpecificationsQualifications
Familiarity with pleading notice and service rules
triggered in Chapter 7 and 11 Bankruptcy Courts
Familiarity with Uniform Commercial Code
enforcement process and procedures
Familiarity with basic corporate formation
practices and procedures
Ability to perform ECF filings
Excellent computer skills including Word Excel
PowerPoint and database applications
Ability to deal professionally with all levels of
clients both internally and externally
Proven ability to solve problems work
independently and tackle projects with minimal
supervision
Ability to be flexible meet deadlines handle
pressure and adapt to changing work priorities
work flow and work assignments
Ability to effectively and respectfully
communicate verbally and in writing with other
staff lawyers management and clients
Ability to organize a large amount of data and files
into an efficient system (both electronic and
hardcopy) for easy filing and retrieval
Ability to maintain confidences as well as build
confidences and trust
Ability to pay close attention to detail
Ability to work overtime up to 10 or more hours
per week
Ability to work off-site at client location(s) for
extended periods of time
Requires the ability to regularly report to work on
the days and times scheduled or alternatively to
work flex hours depending on lawyer and client
needs
Physical Demands
Ability to work in a typical office environment and
lift up to 25 lbs NOTE Reasonable
accommodations may be made to enable
individuals with disabilities to perform the
essential functions
Travel
Ability to travel locally
EducationExperienceCertifications
Bachelors Degree andor Paralegal Certificate
Minimum of two years experience with
bankruptcy and litigation practice(s) at a law firm
Disclaimer
The above statements are intended to describe the
general nature and level of work being performed by
the incumbent in the position They are not intended
to be an exhaustive list of all responsibilities duties
and skills of the employee Duties and responsibilities
may change at any time with or without notice
(Job Bank hellip Continued from page 38)
(Continued on page 40)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 40
How to Apply Please send resume to
lisaspannbryancavecom
Equal Opportunity Employer
LITIGATION PARALEGAL - INSURANCE
DEFENSE
Jones Skelton amp Hochuli is seeking an ambitious
paralegal with 5+ years of experience in general civil
litigation and experience in State and Federal courts
The ideal candidate will have a stable work history
and exceptional communication and organizational
skills We offer a competitive salary and benefits
package and a team-oriented working environment
Please email your resume to Recruitingjshfirmcom
AAEOE
EXPERIENCED LITIGATION PARALEGAL
Dickinson Wright PLLC (Phoenix office) is in need of
a litigation paralegal
Requires a minimum of three yearsrsquo recent experience
in Arizona law
Job Description
Organize and synthesize information through the
preparation of summaries chronologies reports
spreadsheets
Draft and review routine legal documents (eg
privilege logs exhibit lists discovery disclosures
etc)
Assist attorneys on cases by providing
computerized support to help them plan organize
research analyze argue and present their cases in
a more cost and time efficient manner
Provide the day-to-day support of data
management
Assist attorney in trial preparation and set-up of
electronic equipment in the courtroom provides
court assistance as required
Assist with managing cases projects on various
levels and at various stages of the litigation
process
Candidates must have excellent communication skills
for contacting clients experts and other outside
parties have knowledge of state and federal court
rules procedures and e-filing requirements drafting
be self-motivated a team player proficient in MW
Word Outlook 2010 and a working knowledge of
document management systems Relativity and Trial
Director experience is a must
EducationalExperience requirements
Paralegal certificate from ABA school or
certification
We offer a competitive salary and benefits package
and an outstanding work environment All candidates
must submit a cover letter resume and salary history
Please email resumes to
LMandellDickinsonwrightcom
EXPERIENCED FAMILY LAW PARALEGAL
Cantor Law Group an AV-rated six-attorney family
law firm located in downtown Phoenix seeks a sharp
paralegal with at least two years of recent Arizona
family law experience In this position you will work
closely with an associate attorney to manage a case
load of 40+ cases covering a wide range of domestic
relations issues Experience with high-asset andor
DCS cases is a plus Must be a strong writer able to
draft pleadings and correspondence Exceptional
people skills are needed as there is a great deal of
client contact
An attractive compensation and benefits package is
available for the right candidate In addition to a
competitive salary and bonus opportunities we offer
an outstanding benefits package including ten paid
(Job Bank hellip Continued from page 39)
(Continued on page 41)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 41
holidays per year ten days paid vacation days yearly
five days personal paid time off yearly as well as the
availability of medical dental vision and life
insurance A 401K with a very generous employer
match is offered after one year
Requirements
2 years recent Arizona family law experience
Proactive able to handle and direct caseload with
minimal supervision
Attention to detail and excellent follow-up
Excellent analytical capabilities amp writing skills
able to draft substantive motions for attorney
review
Work well as a member of a fast-paced team
Professional appearance demeanor and attitude
Great client relations skills
Excellent computer skills including proficiency in
MS Word and other MS Office applications
Paralegal certification preferred (not required)
Knowledge of Time Matters or other case
management software a plus
Please send resumes to hrdmcantorcom
EXPERIENCED CRIMINAL DEFENSE
PARALEGAL
The Law Offices of David Michael Cantor an AV
rated criminal defense firm in Downtown Phoenix is
seeking an experienced paralegal with felony amp
misdemeanor experience to work closely with our
attorneys Our practice includes the full spectrum of
criminal charges and you will have the opportunity to
work on cases involving drug charges violent crime
sex offenses white collar crime property crime and
DUIs
The job
Proactively manage a substantial caseload without
direct supervision
Prepare and file pleadings according to attorney
instructions
Prepare trial notebooks and handle all trial prep
work
Create high quality correspondence and other
documents with little to no supervision
Maintain professional relationships with law
enforcement and prosecutors
Provide excellent customer service for our clients
Support 1-2 attorneys
We offer
Competitive compensation
Outstanding benefits including medical dental
vision lifeADampD coverage
401K with generous employer match
Paid vacation and sick time
Ten paid holidays per year
You
2+ years of private Arizona defense experience
handling both misdemeanor and felony charges
Familiar with Arizona courts and MVD
Proactive ndash needs little supervision
Great follow-up skills and attention to detail
Excellent writing skills
Professional appearance and behavior
MS Word and other MS Office applications
Keyboard speed 50+ wpm
Reliable
Enjoy being a member of a friendly team of
professionals
Experience with Abacus or other case
management software desirable
Please send resumes to hrdmcantorcom
PARALEGAL
Sentry Insurance is looking for a Paralegal to provide
litigation and administrative support to our Staff
(Job Bank hellip Continued from page 40)
(Continued on page 42)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 42
Counsel operation If you are looking for a career
with great potential choose the company with the
strength and stability to offer it all
What Yoursquoll Do
As the Paralegal yoursquoll assist the attorney staff by
performing legal activities which do not require
attorney signature client advise or appearances in
court In addition yoursquoll
Assist in the preparation of responses to discovery
under direct supervision of an attorney
Perform factual investigations and document
searches
Obtain investigative materials and policy
information
Contact insureds and other witnesses to obtain
factual statements
Coordinate scheduling of litigation activities and
witness appearances
What it Takes
Associate Degree or equivalent work experience
2-5 years of related work experience at least one
year in litigation practice
American Bar Association-Certified Paralegal
Training
Advanced knowledge of case management and
knowledge of and ability to perform legal
research
Experience with resources such as Westlaw and
Lexis
Strong analytical ability and knowledge of
litigation processes
Strong organizational and communication skills
Ability to maintain confidentiality
Strong working knowledge of the Internet
PowerPoint Excel and Word and familiarity with
legal case management software (ProLaw Clio
etc)
Ability to work independently and in multi-
jurisdictional venues
Must be able to meet travel requirements of the
job
What Yoursquoll Receive
We offer an outstanding array of benefits for our
associates including
Competitive Compensation
Group Medical Dental Vision and Life benefits
Generous Paid-Time Off - including Company
Holidays
401k plan with a dollar-for-dollar match on your
first six percent ndash immediate vesting
Access to more than 100 certification designation
and licensing courses
Career advancement opportunities
Why Sentry Insurance
Sentry employees have been helping individuals and
businesses build and protect their futures since 1904
Because of the trust placed in us Sentry is one of the
largest and strongest mutual insurance companies in
the United States and is rated A+ by AM Best the
industrys leading rating authority Sentry offers a full
line of property casualty and life insurance products
to protect businesses cars homes lives and retirement
incomes
So make the right choice - with great potential for
growth an outstanding 401(k) program and a schedule
that offers you a balance between your work and life
choose the company with the strength and stability to
offer it all Choose Sentry Insurance Sentry
Insurance is an Equal Opportunity Employer Apply
online at httpsjobssentrycomsearch119871
FULL-TIME LEGAL SECRETARY ASSISTANT
Mid-sized law office is seeking a self-motivated and
highly organized legal secretary with a minimum of 5
years of experience supporting 2 or more attorneys
Position will support multiple attorneys with case
management assistance calendaring state and federal
court filings formatting correspondence and
(Job Bank hellip Continued from page 41)
(Continued on page 43)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 43
pleadings copying mailing and other clerical duties
Optimal candidate will be able to accept and
implement directives maintain focus in hectic
environment keep attorneys informed of progress at
regular intervals and prioritize multiple projects
Working knowledge of MS Word amp Excel required
Associatersquos degree and background in litigation andor
insurance preferred EEOC Please email reacutesumeacute and
cover letter with salary requirements to
admincdslawfirmcom
EXPERIENCED PLAINTIFFS PERSONAL
INJURY LEGAL ASSISTANT
Small growing fast-paced Central Phoenix Personal
Injury Law Firm seeking full-time Legal Assistant to
join our team
Candidate must have excellent skills and 5 years
experience in a Plaintiffs Personal Injury Law Firm
with an ability to perform in a fast paced environment
Bi-lingual (SpanishEnglish) preferred but not
required Position involves significant interaction with
clients and requires attention to detail Good
organizational skills with a strong work ethic are
essential as is the ability to multi-task
Responsibilities include handling a large pre-litigation
caseload interfacing with attorneys and legal
assistants Must be proficient with MS Word Outlook
and Needles Case Management (preferred but not
necessary) Salary is competitive and DOE
Qualified candidates should e-mail resume with a
cover letter detailing their skills employment history
and salary requirements to
acoronadoblakefirmcom
(Job Bank hellip Continued from page 42)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 44
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
NALA Campus LIVE - Live web seminars are offered in two sessions each year FebruarymdashMay and AugustmdashNovember Each ses-sion features about 30 on-line seminars The audio files and handout material are copyrighted by NALA and the authors They are for personal use only Duplication of any of the material or any commercial use is strictly prohibited
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics httpswwwnalaorgcontinuing-educationwebinars NALA Campus LIVE - Live web semi-nars are offered in two sessions each year FebruarymdashMay and AugustmdashNovember Each session features about 30 on-line seminars The audio files and handout material are copy-righted by NALA and the authors They are for personal use only Dupli-cation of any of the material or any commercial use is strictly prohibited
82217 Music Law and Intellectual Property Rights
82417 So the Plaintiffrsquos on Medicare
82017 The ABCrsquos of Special Education
In addition to the Live Webinars NALA has On-Demand Webinar Courses available httpswwwnalaorgcontinuing-educationon-demand-webinar NALA also has a wide variety of available Self-Study courses as well as the Live Webinars You can access the Self-Study courses here httpswwwnalaorgcontinuing-educationself-study Many of these courses are recommended for preparing for the CP exam
NATIONAL BUSINESS INSTITUTE
wwwnbi-semscom
Live Video Webcasts
httpwwwnbi-semscomDefaultaspxVideo-WebcastsNavigationDataSource1=N63782
OnDemand amp Downloads
httpwwwnbi-semscomContentaspxst=ArizonaampNavigationDataSource1=N63932-63947
8817 Probate Boot Camp
8917 Real Estate Title and Conveyance Handling the Top
Issues
8917 Marijuana Business Legal Considerations
81417 Legal Descriptions Title Insurance and Surveys in Real
Estate Transactions
81517 Advanced Custody and Support Issues
81617 Personal Injury Trials 101
82117 Trusts from Start to Finish
82217 How to Get Your Clients Paid Debt Collection 101
82317 Bankruptcy The Ultimate Guide to Chapter 7 and 13
82817 Conflicts of Interest A Practical Legal Ethics Guide
82917 Using LLCs to Protect Assets
83017 Complex Social Security Law Issues
83017 Dealing With Problem Employees A Legal Response
Guide
And many morehellip
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 45
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
Lorman Live Webinars wwwlormancom You can find many more seminars listed at httpwwwlormancomlive-webinar
ON DEMAND WEBINARS
There are many OnDemand Webinars to choose from also
httpwwwlormancomondemand
8317 Electronic Record Retention Mistakes HR
Professionals Can Avoid
8317 HUD Section 3 Compliance Tips for Governments
8417 Paralegals Guide to Unauthorized Practice of Law
8817 Protecting High-Risk Clientsrsquo Assets Against lawsuits
8817 Tips and Tricks to Improve Your Telephone Attitude
8917 Rules and Guidelines When Dealing With Statute of
Limitations
8917 Utilizing Formulas in Microsoft Excel
81017 Early Retirement Incentives Navigating the Legal
Issues
And many more
Maricopa County Bar Association CLE CALENDAR
httpmcbasite-ymcomeventsevent_listasp
LEXIS NEXIS Paralegal Community
has some good information as well
Check it out at httplawlexisnexiscomcommunityportalarticlesdefaultaspxg=QfsTyLJ1USs=ampc=EZggD7hDKLw=
Arizona Bar Association wwwazbarorgCLE
OnDemand CLE
httpsazbarinreachcecomSearchmediaType=494a95bb-1e05-4c5b-a25f-36ad84bd4c39
82217 State Bar of Arizona Course on Professionalism
82317 Steering Clear of Malpractice Road Bumps
82417 Traffic Offenses
82517 Probate Rule 10(E)(2) Subsequent Training for Court-
Appointed Counsel
83017 A Survey of Family Law
And many more
ALA-ABI wwwali-abaorg
The ALI-ABA site has excellent online CLE courses forms printed books MP3 CDROMs CLE DVDs CLE MP3 Downloads CLE Court Materials and Course Papers
81017 Powers of Attorney Latest Legal Developments
81717 Creating and Maintaining a Paperless Practice
Improve Workflow Increase Efficiency
82317 Hot Topics in Legal Ethics
And many more
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 46
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
Organization for Legal Professionals wwwtheolporgeducation
Online Courses
Litigation Support Project Management
Paralegal Management Certificate Program
Project Management in Electronic Discovery
Computer Technology Skills for Paralegals
Legal amp EDiscovery Project Management Course
Institute of Paralegal Education httpipenbi-semscomContentaspxNavigationDataSource1=N63943 Webcasts amp Webinars httpipenbi-semscomContentaspxNavigationDataSource1=Rpp20NspEventDateSort7c1017c17cN63944-4294952056
Webcasts amp Webinars
8217 Medical records Made Easy for Paralegals
8817 Case Management for Paralegals Managing
Documents Files Calendars and Tasks
81717 A Paralegalrsquos Guide to Divorce Cases
82217 The Paralegalrsquos Guide to Probate
82317 Construction Law 101 for Paralegals
82417 Corporate Minute Books A How-To Guide for
Paralegals
82917 Smartphone Apps and Tricks for Paralegals
83017 Managing the Discovery Process A Paralegalrsquos Guide
91217 Paralegalrsquos Guide to Legal Research and Citation
Management
National Constitution Center wwwconstitutionconferencescom
8817 Legal and binding E-Contracts What Works in a Digital World
82117 Retaliation Claims Protect Clients from EEOC Charges amp Private Suits
West Legal Education wwwwestlegaledcentercom
If you know of any other sources for CLE and would like listings to be placed in this
publication please email Newsletterazparalegalorg
- Front Cover
- Table of Contents
- Board of Directors
- APA Announcements
- APA Member News
- 10 Employer Considerations in Light of Arizonas New Paid Sick Time
- Paralegals strike out on firing claims
- Wearable technology Counting the steps to a defense verdict
- August Webinar
- To Lay or Lie
- Sticky Business Etiquette Questions amp Answers
- September Webinar
- Tucson Paralegal Associations 38th Annual Seminar
- The Verdict
- The Brief
- NewBytes
- APA Job Bank
- Got CLE
-
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 21
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 22
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 23
Occasionally we all come across
situations in which we wonder
Would Miss Manners approve But
in the digital age of social
networking the etiquette lines can
become even blurrier Following are
some common sticky business
etiquette questions and tips to help
tackle them
Social Media
Should I personalize my LinkedIn requests to
connect with others
Its perfectly fine to use the form letter and in fact
most people do it for convenience even when
connecting with close contacts But if you wish to
connect to someone you havent seen in a while take
the time to personalize the message and explain how
youve met
How do I keep my manager from getting wind of
my job search using LinkedIn
If you consistently have a voice share opinions and
articles and tend to your audience and your network
as a daily routine mdash and not just when youre looking
for work mdash then when its time to find that next career
opportunity none of your activity will look out of the
ordinary But its not smart to immediately update your
LinkedIn profile by adding a large number of new
contacts fleshing out your profile and soliciting
recommendations Adjust your settings so you dont
broadcast activity youre not willing to share Pay
particular attention to the Opportunity Preferences
section under Contact Settings If you say you are
interested in career opportunities you could be
sending a red flag to your manager You can gain
exposure among your peers by joining groups related
to your professional field Many recruiters are
members and scan the roster for potential hires
Contribute to the discussion and establish yourself as a
subject matter expert to catch their interest
Should I friend my boss or coworkers
This is the $64000 question and the feelings of those
on the receiving end may provide the answer (See
Thinking About Friending Your Boss on
Facebook on Page 10 of Business Etiquette The
New Rules in a Digital Age) If you do connect utilize
privacy settings and different friend lists to control
how mdash and with whom mdash you share content Be
sensitive to your professional environment some
industries or companies are much more engaged in
digital networking than others If youre starting a new
job take your cue from others before sending out
friend requests to your new colleagues
Can Facebook postings hurt my job search
A good rule of thumb is to always post prudently If
you dont want your employer to see it get rid of it A
recent survey by our firm revealed that 44 percent of
executives review the Facebook presence of potential
hires Even if your account is just for fun keep it in
check To put your Facebook on a privacy lockdown
click on the drop-down Account menu in the top
right corner and select Privacy Settings Keep in
mind that Facebook may change its privacy features at
(Continued on page 24)
Sticky Business Etiquette Questions amp Answers
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 24
any time and you might not be aware of the changes
when they occur Always assume that anything you
post online may become public
Should I use Facebook at work
Maybe if its for work-related purposes and not just
keeping your friends updated on your weekend
activities Then again maybe not Thirty-eight percent
of chief information officers interviewed by Robert
Half have implemented stricter social networking
policies as these tools have become more prevalent in
the workplace If youre not sure what rules your firm
has in place check with your manager or human
resources representative Your best bet is your own
good judgment Just as you would expect to restrict
personal phone calls or conversation at work you
should limit personal use of social networking
platforms too
Whats the right way to decline a request to
connect with someone
While an automated No thank you could make our
lives easier no response at all might be your best bet
Dont feel pressured to connect with someone you
would rather not form a relationship with and dont
feel the need to explain your decision If you expect
you might run into the individual in person be
prepared in case you are confronted about it Simply
click Ignore especially if the person is a stranger
If someone follows me on Twitter should I
automatically follow him or her back
No because you may end up unfollowing the person
later Before following people check out their feed
bio and previous tweets to get a sense of them or their
organization and determine if youll be interested in
seeing the kind of content they share Although its
considered good etiquette to follow someone back
dont do it indiscriminately Its your feed and you
want to make it valuable to you
Emails and Conference Calls
Uh oh I sent a confidential email to the wrong
person What do I do now
Its not a lost cause and there are a few steps you can
take First try to use the recall function of your email
program But keep in mind that not all applications
offer this option and various factors can affect how
successful it is If this step doesnt solve the problem
you need to limit the impact of your mistake Contact
those who are affected the recipient and possibly the
person to whom you intended to send the message
Explain your error and if you need their help
correcting it You also may need to inform your
manager of the mistake
How responsive should I be to e-mail when Im on
vacation
It depends on whether you want to have a real
vacation If your Out of Office says youre not
checking e-mail on vacation dont check and respond
to messages Doing so changes expectations and
implies youre more accessible than you said youd be
Instead be considerate to others needs while you are
out and list a back-up contact in your Out of Office
auto response
I forgot to attach a file before sending an emailhellip
again How can I avoid this in the future
Slow down Everyone forgets to attach a file from
time to time because theyre in a rush But repeatedly
making this mistake can cause your colleagues to
question your attention to detail Going forward try
attaching your file before you compose your message
This way you can be sure it makes it to the recipient
Just make sure you attach the right file
How can I prevent my colleagues from scheduling
conference calls over lunch
Everyone should have a chance to eat lunch Often
people simply look for an open spot on others
calendars when scheduling a meeting So you might
consider blocking out your lunch hour to ensure you
have time to grab a bite to eat Although it may be
unavoidable to meet during this time on occasion you
might find that this simple step helps you out
Thanks to Robert Half for this information To learn more about
Robert Half visit wwwroberthalfcom
(Sticky Business hellip Continued from page 23)
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 25
3150 N 24th Street
Suite D-104
Phoenix AZ 85016
6022569700
The Nationwide Legal LLC team provides a
broad spectrum of comprehensive legal support
services at an unparalleled level of quality NWL
utilizes state-of-the-art technology to deliver
practical and cost-effective solutions for all of
your legal support service needs wwwNationwideASAPcom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 26
BILLING
BLUNDERS AND
FEE AGREEMENT
ESSENTIALS Speaker
Lynda C Shely
Esq
Ethics Lawyer
Speaker
Consultant
APA WEBINAR
Wednesday September 13 2017
1200-100 pm
COST APA Members $25 (or use your free 2017 webinar coupon) All others $30
This webinar qualifies for 1 hour Ethics CLE credit
Lynda C Shely of The Shely Firm PC Scottsdale Arizona provides ethics advice to over 1500 law firms in Arizona and the
District of Columbia on a variety of topics including conflicts of interest fees and billing trust account procedures lawyer
transitions multi-jurisdictional practice ancillary businesses and ethics requirements for law firm advertisingmarketing She also
assists lawyers in responding to initial Bar charges performs law office risk management reviews and trains law firm staff in
ethics requirements Lynda serves as an expert witness and frequently presents continuing legal education programs around the
country Prior to opening her own firm she was the Director of Lawyer Ethics for the State Bar of Arizona Prior to moving to
Arizona Prior to moving to Arizona Lynda was an intellectual propertyantitrust associate with Morgan Lewis amp Bockius in
Washington DC Lynda received her BA from Franklin amp Marshall College in Lancaster PA and her JD from Catholic
University in Washington DC
Lynda was the 2015-2016 President of the Association of Professional Responsibility Lawyers She serves on several State Bar of
Arizona Committees and as a liaison to the ABA Standing Committee on Ethics and Professional Responsibility She is an
Arizona Delegate in the ABA House of Delegates Lynda has received several awards for her contributions to the legal profession
including the 2007 State Bar of Arizona Member of the Year award the Scottsdale Bar Associationrsquos 2010 Award of Excellence
and the 2015 AWLA Maricopa Chapter Ruth V McGregor award She is a prior chair of the ABA Standing Committee on
Client Protection and a past member of the ABArsquos Professionalism Committee and Center for Professional Responsibility
Conference Planning Committee Lynda was the 2008-2009 President of the Scottsdale Bar Association She has been an adjunct
professor at all three Arizona law schools teaching professional responsibility
LAST DAY TO REGISTER FRIDAY September 8 2017 at 500 PM
Click Here to Register httpazparalegalorgevent-2588123
Ethical and practical considerations for all firms ndash even those that think they do not need to
track hourly time Lynda will review what clauses are mandatory for all fee agreements in Ar-
izona as well as clauses that will help with client communications and expectations Billing
tips will go over the five things to never do in a time entry why block billing is prohibited in
Arizona how to get paid faster and common mistakes made in client invoices
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 27
WOOLSTON amp TARTER PC AUDIT DEFENSE amp TAX LITIGATION
Congratulations to the Arizona
Paralegal Association on 40
successful years of promoting the
paralegal profession
In just about every area of society therersquos nothing more important than ethics
Henry Paulson
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 28
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 29
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 30
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 31
Jason Bagley
Senior Territory Manager
(602) 559-4587
jasonbagleylexisnexiscom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 32
GENDER EQUALITY
The process of voir dire sometimes includes
subtle and not-so-subtle attempts at gender
stacking of jurors to prevent or create bias
toward a plaintiff Other demographic factors
may be more influential but gender is still
important though not necessarily in the way
one would suspect
The accompanying chart based on California New York and Texas cases reported to VerdictSearch depicts
plaintiffsrsquo winning percentages according to the plaintiffrsquos gender and the juryrsquos composition Bias is evident
but it is not dependent on the plaintiffrsquos gender
Any plaintiffrsquos winning percentage is substantially greater when his or her case is heard by a female-
dominated jury rather than a male-dominated jury or a gender-neutral jury The takeaway All other factors
being equal plaintiffs are best served by female jurors The equation flips when it comes to awarding
damages but thatrsquos a topic for another study
Thank you to Verdict Search for this analysis To learn more about VerdictSearch visit
wwwVerdictSearchcom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 33
Vol 13 No 8 August 2017
Fees Increase in One Week
Most filing and service fees will increase on Wednesday August 9 2017 Documents submitted for filing that are received by the Clerks office (file counter by mail or through a filing depository box) on or before August 8 will be subject to the current fees Documents received for filing on and after August 9 will be subject to the new fees Fees are posted on the Clerkrsquos website at httpwwwclerkofcourtmaricopagovfeesasp
Appeal and Cost Bond Info Online
Court rules statutes court orders or other authorities may require posting appeal or cost bonds with the Clerks Office Depending on the type of issue the parties the complexity of the case and other factors years can pass between the bond posting date and resolution of related issues During that time parties attorneys and the courts may overlook issuing a court order releasing the money The Clerks Office holds the funds until a court order directs the Clerk specifically what to do with those funds The Clerkrsquos Office has now posted lists online of bonds posted with the Clerks Office where the need for the bond may have ended and no court order was filed allowing the Clerk to return the money If you or your clients posted an appeal or cost bond in any case it is worth checking if funds are still on hold
Customers can search the online lists by party name or case number A party or their attorney must file a petition with the court requesting an order be issued directing the Clerk to release these funds The Clerks Office will only release money by court order and only as specifically directed in the order For more information about the deposit or release of these funds including specific information the Clerkrsquos Office needs before releasing money see the Clerkrsquos website at httpwwwclerkofcourtmaricopagovrelease_bondsasp The Clerks Office will only assist parties to a case or their attorneys Third-party vendors personal representatives and other non-parties must be named in a court order to obtain detailed information or to receive a payment check
Law Library Resource Center Filings Grow by Leaps and Bounds
Last year the Superior Court in Maricopa County renamed relocated and expanded its self-service center into the Law Library Resource Center (LLRC) The Clerkrsquos Office staffs a filing counter within the downtown Phoenix LLRC to allow customers a one-stop-shop for research drafting and filing court documents Filings within the LLRC have gone up every month since its establishment In January 2017 the file counter handled 406 transactions and nearly doubled that volume by the end of March 2017 with 802 transactions In June the file counter processed more than 1000 transactions Clerk staff at this window can process fee deferral applications adding to customersrsquo onsite convenience For more information about the LLRCrsquos services locations and other details see the Superior Courtrsquos website at httpswwwsuperiorcourtmaricopagovSuperiorCourtLawLibraryResourceCenter
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 34
THANK YOU
Our Charity Raffle Prize Drawing for this beautiful quilt donated by the Emmanuel Lutheran Quilters of Prescott Valley Arizona raised $350
All proceeds have been provided to Feed Hungry Children Program in Prescott Valley Arizona
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 35
Paralegal robot reviews patent documents There is a new software RoboReview that helps patent
lawyers draft applications that are more likely to pass muster with the USPTO It automates paralegal
work bringing more rigor to the task of researching prior art and potentially saving thousands of dollars
on a filing Typically this review is done by humans doing multiple searches To read more visit the
ABA Journal httpwwwabajournalcomnewsarticlepatent_document_robot_legal_review
Paralegal cries after being charged with stealing $12 million from law firm The paralegal was an
office manager for a law firm in downtown Toledo where prosecutors allege she embezzles money from
the firm and from the trust account of a disabled client between 2008 and September 2015 The suit
claims that the paralegal forged signatures and falsified bookkeeping software and other records to steal
from the firm The paralegal cried throughout the bond hearing She has been fired To read more about
this case visit httpwwwtoledobladecomCourts20170712Bond-set-at-100K-for-office-manager-
charged-with-embezzling-1-2Mhtml
Paralegal re-appointed to Florida Bar Section Priscilla Horn Warren a nationally and Florida
certified paralegal will continue to serve on the States Solo and Small Firm Section as their paralegal
representative for 2017-2018 term Warren has continuously served as paralegal liaison with the section
since 1995
Law Firm not liable for paralegal mistake on $15 bn loan A New York Judge found that the firm did
not owe a duty of case to third parties The paralegal had accidentally cancelled the security interest of a
$15 billion loan to General Motors The firm did not represent the lenders and as such did not owe a duty
to third parties JP Morgan Chase acted as lenders and its lawyers also missed the mistake The mistake
was only noticed when GM filed for bankruptcy protection in 2009 To read more visit
httpwwwgloballegalpostcombig-storiesmayer-brown-not-liable-for-paralegal-mistake-on-$15-bn-
loan-73921531
Lawyer and paralegal arrested after being found with meth pipes and other drug paraphernalia
The attorney claimed that the equipment didnt belong to him (my paralegal did it defense) To read
more visit httpwwwarkansasmatterscomnewslocal-newsconway-lawyer-and-paralegal-arrested-on-
drug-possession769588833
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 36
DIAMOND SPONSORS
National Health Finance
ABI Document Support Services
RUBY SPONSORS
Nationwide Legal Inc
Vocational Diagnostics Inc
EMERALD SPONSORS
MBA Legal Transcription
First Legal Network
LexisNexis
Coash amp Coash
Robert E ldquoBobrdquo Underdown The Insurance Archaeologist
Jones Skelton amp Hochuli
THANK YOU TO OUR SPONSORS AT OUR ANNUAL LEGAL CONFERENCE AND 40TH ANNIVERSARY CELEBRATION
Thank you to the individuals and businesses that support the Arizona Paralegal
Association in our efforts to promote and educate the paralegal community by
becoming Legal Seminar Sponsors The assistance of our sponsors has been vital in
bringing educational programs to paralegals across Arizona This Legal Seminar would
not be possible without the help of the sponsors and we hope you will join us in
PEARL SPONSORS
Compex Legal Services Inc
Kathy Hanchette Premier Designs
Robson Forensic
Parasec
Iron Mountain
Litigation Services
Fronteo
The Morton Group
Integrated Medical Evaluations Inc
Elite Medical Experts
Lynn Tofaute Yanbal Jewelry
Griffin amp Associates
Discovia
Woolston amp Tarter PC
Ottmar amp Associates
Ballard Spahr LLP
DTI Global
Thank you to these Northern Arizona sponsors who have generously donated
prizes for the Arizona Paralegal Association drawing
Murphyrsquos Restaurant Prescott Arizona
Susanne Chacon Scentsy 9287108777
Yavapai Title 9284452528
Mangum Pearce Court Reporting 9284451909
Prescott Law group PLC 9284451909
Emmanuel Lutheran Quilters Prescott Valley
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 37
Congratulations to the Arizona Paralegal Association on 40 years
1 East Washington St Suite 2300
Phoenix AZ 85004
602798-5400
wwwballardspahrcom
6024851488
wwwOtmarAssoccom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 38
APA MEMBER JOB BANK
DONrsquoT FORGET TO CHECK OUR ONLINE
JOB BANK FOR UP-TO-DATE JOB LISTINGS
at httpwwwazparalegalorgjobbank
[In order to view the online Job Bank you must login
to our new website (using your email and password)
If you experience any difficulty logging in please
contact membershipazparalegalorg for assistance]
PARALEGAL - BANKRUPTCY LITIGATION
Position Overview
Under the supervision of one or more lawyer(s) the
Paralegal assists in the delivery of quality efficient
and accessible legal services in the bankruptcy real
estate corporate andor commercial litigation practice
groups
Responsibilities
Draft routine pleadings statements affidavits
andor other legal documentation as appropriate at
the specific direction of attorneys
Prepare initial drafts of legal documents for
bankruptcy proceedings including case captions
and simple pleadings such as claim forms requests
for notice or judicial notice etc
Arrange Court Call appearances communicates
and cooperates with Court clerks on filings and
appearance requirements and interacts with Court
personnel as necessary to serve client needs
Prepare initial drafts of fee applications when
representing estate professionals and oversecured
creditors in bankruptcy cases and in connection
with fee awards in other litigation contexts
including exhibits and declarations in support
Compile documents in connection with appeals
including designations and indexes of the record
district court elections and requests for transcripts
Draft notices of appearance substitutions of
counsel documents pro hac vice applications and
corporate ownership statements
Assist with discovery-related filings including
Bankruptcy Rule 2004 examination applications
notices and orders subpoenas and notice of
servicecompliance
Manage non-judicial trustees sale process
including security instrument review public
record filing review notice drafting service
completion bid compilation sale procedures
communications with interested parties deed upon
sale drafting and all necessary public recording
and filing
Perform ECF filings and review local rules for
pleading forms notice and service requirements
Fulfill duties to deliver court copies courtesy
copies lodged order uploads in pdf or Word and
complies with all local rule requirements
Organize index and track large numbers of
documents including development of information
(Continued on page 39)
DO YOU KNOW OF A PARALEGAL POSITION AT YOUR PLACE OF EMPLOYMENT
If so advise your employer that the APA offers ad space for paralegal jobs to employers free of charge To place a job bank ad or for information on a job send an e-mail to Betsy Wolf at jobbankazparalegalorg
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 39
APA MEMBER JOB BANK
retrieval systems performs all case management
functions
Perform calendaring or docketing of information
as needed
Research and obtain information from various
courts administrative bodies public information
sources etc
Performs electronic research using PACER court
websites Westlaw and Lexis in addition to
Shepardizing and Bluebooking citations
Coordinate efforts with trials and hearings such as
taking notes handling exhibits organizing and
gathering factual information etc
Attend trials or client meetings as needed inside
and outside the office that require face-to-face
contact
Coordinate vendors in conjunction with a project
such as court reporters process servers copy
vendors etc
Track time in DTE and assures that services
provided are properly charged to the client
Track expenses for travel client meetings and
court appearances
Essential Job SpecificationsQualifications
Familiarity with pleading notice and service rules
triggered in Chapter 7 and 11 Bankruptcy Courts
Familiarity with Uniform Commercial Code
enforcement process and procedures
Familiarity with basic corporate formation
practices and procedures
Ability to perform ECF filings
Excellent computer skills including Word Excel
PowerPoint and database applications
Ability to deal professionally with all levels of
clients both internally and externally
Proven ability to solve problems work
independently and tackle projects with minimal
supervision
Ability to be flexible meet deadlines handle
pressure and adapt to changing work priorities
work flow and work assignments
Ability to effectively and respectfully
communicate verbally and in writing with other
staff lawyers management and clients
Ability to organize a large amount of data and files
into an efficient system (both electronic and
hardcopy) for easy filing and retrieval
Ability to maintain confidences as well as build
confidences and trust
Ability to pay close attention to detail
Ability to work overtime up to 10 or more hours
per week
Ability to work off-site at client location(s) for
extended periods of time
Requires the ability to regularly report to work on
the days and times scheduled or alternatively to
work flex hours depending on lawyer and client
needs
Physical Demands
Ability to work in a typical office environment and
lift up to 25 lbs NOTE Reasonable
accommodations may be made to enable
individuals with disabilities to perform the
essential functions
Travel
Ability to travel locally
EducationExperienceCertifications
Bachelors Degree andor Paralegal Certificate
Minimum of two years experience with
bankruptcy and litigation practice(s) at a law firm
Disclaimer
The above statements are intended to describe the
general nature and level of work being performed by
the incumbent in the position They are not intended
to be an exhaustive list of all responsibilities duties
and skills of the employee Duties and responsibilities
may change at any time with or without notice
(Job Bank hellip Continued from page 38)
(Continued on page 40)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 40
How to Apply Please send resume to
lisaspannbryancavecom
Equal Opportunity Employer
LITIGATION PARALEGAL - INSURANCE
DEFENSE
Jones Skelton amp Hochuli is seeking an ambitious
paralegal with 5+ years of experience in general civil
litigation and experience in State and Federal courts
The ideal candidate will have a stable work history
and exceptional communication and organizational
skills We offer a competitive salary and benefits
package and a team-oriented working environment
Please email your resume to Recruitingjshfirmcom
AAEOE
EXPERIENCED LITIGATION PARALEGAL
Dickinson Wright PLLC (Phoenix office) is in need of
a litigation paralegal
Requires a minimum of three yearsrsquo recent experience
in Arizona law
Job Description
Organize and synthesize information through the
preparation of summaries chronologies reports
spreadsheets
Draft and review routine legal documents (eg
privilege logs exhibit lists discovery disclosures
etc)
Assist attorneys on cases by providing
computerized support to help them plan organize
research analyze argue and present their cases in
a more cost and time efficient manner
Provide the day-to-day support of data
management
Assist attorney in trial preparation and set-up of
electronic equipment in the courtroom provides
court assistance as required
Assist with managing cases projects on various
levels and at various stages of the litigation
process
Candidates must have excellent communication skills
for contacting clients experts and other outside
parties have knowledge of state and federal court
rules procedures and e-filing requirements drafting
be self-motivated a team player proficient in MW
Word Outlook 2010 and a working knowledge of
document management systems Relativity and Trial
Director experience is a must
EducationalExperience requirements
Paralegal certificate from ABA school or
certification
We offer a competitive salary and benefits package
and an outstanding work environment All candidates
must submit a cover letter resume and salary history
Please email resumes to
LMandellDickinsonwrightcom
EXPERIENCED FAMILY LAW PARALEGAL
Cantor Law Group an AV-rated six-attorney family
law firm located in downtown Phoenix seeks a sharp
paralegal with at least two years of recent Arizona
family law experience In this position you will work
closely with an associate attorney to manage a case
load of 40+ cases covering a wide range of domestic
relations issues Experience with high-asset andor
DCS cases is a plus Must be a strong writer able to
draft pleadings and correspondence Exceptional
people skills are needed as there is a great deal of
client contact
An attractive compensation and benefits package is
available for the right candidate In addition to a
competitive salary and bonus opportunities we offer
an outstanding benefits package including ten paid
(Job Bank hellip Continued from page 39)
(Continued on page 41)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 41
holidays per year ten days paid vacation days yearly
five days personal paid time off yearly as well as the
availability of medical dental vision and life
insurance A 401K with a very generous employer
match is offered after one year
Requirements
2 years recent Arizona family law experience
Proactive able to handle and direct caseload with
minimal supervision
Attention to detail and excellent follow-up
Excellent analytical capabilities amp writing skills
able to draft substantive motions for attorney
review
Work well as a member of a fast-paced team
Professional appearance demeanor and attitude
Great client relations skills
Excellent computer skills including proficiency in
MS Word and other MS Office applications
Paralegal certification preferred (not required)
Knowledge of Time Matters or other case
management software a plus
Please send resumes to hrdmcantorcom
EXPERIENCED CRIMINAL DEFENSE
PARALEGAL
The Law Offices of David Michael Cantor an AV
rated criminal defense firm in Downtown Phoenix is
seeking an experienced paralegal with felony amp
misdemeanor experience to work closely with our
attorneys Our practice includes the full spectrum of
criminal charges and you will have the opportunity to
work on cases involving drug charges violent crime
sex offenses white collar crime property crime and
DUIs
The job
Proactively manage a substantial caseload without
direct supervision
Prepare and file pleadings according to attorney
instructions
Prepare trial notebooks and handle all trial prep
work
Create high quality correspondence and other
documents with little to no supervision
Maintain professional relationships with law
enforcement and prosecutors
Provide excellent customer service for our clients
Support 1-2 attorneys
We offer
Competitive compensation
Outstanding benefits including medical dental
vision lifeADampD coverage
401K with generous employer match
Paid vacation and sick time
Ten paid holidays per year
You
2+ years of private Arizona defense experience
handling both misdemeanor and felony charges
Familiar with Arizona courts and MVD
Proactive ndash needs little supervision
Great follow-up skills and attention to detail
Excellent writing skills
Professional appearance and behavior
MS Word and other MS Office applications
Keyboard speed 50+ wpm
Reliable
Enjoy being a member of a friendly team of
professionals
Experience with Abacus or other case
management software desirable
Please send resumes to hrdmcantorcom
PARALEGAL
Sentry Insurance is looking for a Paralegal to provide
litigation and administrative support to our Staff
(Job Bank hellip Continued from page 40)
(Continued on page 42)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 42
Counsel operation If you are looking for a career
with great potential choose the company with the
strength and stability to offer it all
What Yoursquoll Do
As the Paralegal yoursquoll assist the attorney staff by
performing legal activities which do not require
attorney signature client advise or appearances in
court In addition yoursquoll
Assist in the preparation of responses to discovery
under direct supervision of an attorney
Perform factual investigations and document
searches
Obtain investigative materials and policy
information
Contact insureds and other witnesses to obtain
factual statements
Coordinate scheduling of litigation activities and
witness appearances
What it Takes
Associate Degree or equivalent work experience
2-5 years of related work experience at least one
year in litigation practice
American Bar Association-Certified Paralegal
Training
Advanced knowledge of case management and
knowledge of and ability to perform legal
research
Experience with resources such as Westlaw and
Lexis
Strong analytical ability and knowledge of
litigation processes
Strong organizational and communication skills
Ability to maintain confidentiality
Strong working knowledge of the Internet
PowerPoint Excel and Word and familiarity with
legal case management software (ProLaw Clio
etc)
Ability to work independently and in multi-
jurisdictional venues
Must be able to meet travel requirements of the
job
What Yoursquoll Receive
We offer an outstanding array of benefits for our
associates including
Competitive Compensation
Group Medical Dental Vision and Life benefits
Generous Paid-Time Off - including Company
Holidays
401k plan with a dollar-for-dollar match on your
first six percent ndash immediate vesting
Access to more than 100 certification designation
and licensing courses
Career advancement opportunities
Why Sentry Insurance
Sentry employees have been helping individuals and
businesses build and protect their futures since 1904
Because of the trust placed in us Sentry is one of the
largest and strongest mutual insurance companies in
the United States and is rated A+ by AM Best the
industrys leading rating authority Sentry offers a full
line of property casualty and life insurance products
to protect businesses cars homes lives and retirement
incomes
So make the right choice - with great potential for
growth an outstanding 401(k) program and a schedule
that offers you a balance between your work and life
choose the company with the strength and stability to
offer it all Choose Sentry Insurance Sentry
Insurance is an Equal Opportunity Employer Apply
online at httpsjobssentrycomsearch119871
FULL-TIME LEGAL SECRETARY ASSISTANT
Mid-sized law office is seeking a self-motivated and
highly organized legal secretary with a minimum of 5
years of experience supporting 2 or more attorneys
Position will support multiple attorneys with case
management assistance calendaring state and federal
court filings formatting correspondence and
(Job Bank hellip Continued from page 41)
(Continued on page 43)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 43
pleadings copying mailing and other clerical duties
Optimal candidate will be able to accept and
implement directives maintain focus in hectic
environment keep attorneys informed of progress at
regular intervals and prioritize multiple projects
Working knowledge of MS Word amp Excel required
Associatersquos degree and background in litigation andor
insurance preferred EEOC Please email reacutesumeacute and
cover letter with salary requirements to
admincdslawfirmcom
EXPERIENCED PLAINTIFFS PERSONAL
INJURY LEGAL ASSISTANT
Small growing fast-paced Central Phoenix Personal
Injury Law Firm seeking full-time Legal Assistant to
join our team
Candidate must have excellent skills and 5 years
experience in a Plaintiffs Personal Injury Law Firm
with an ability to perform in a fast paced environment
Bi-lingual (SpanishEnglish) preferred but not
required Position involves significant interaction with
clients and requires attention to detail Good
organizational skills with a strong work ethic are
essential as is the ability to multi-task
Responsibilities include handling a large pre-litigation
caseload interfacing with attorneys and legal
assistants Must be proficient with MS Word Outlook
and Needles Case Management (preferred but not
necessary) Salary is competitive and DOE
Qualified candidates should e-mail resume with a
cover letter detailing their skills employment history
and salary requirements to
acoronadoblakefirmcom
(Job Bank hellip Continued from page 42)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 44
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
NALA Campus LIVE - Live web seminars are offered in two sessions each year FebruarymdashMay and AugustmdashNovember Each ses-sion features about 30 on-line seminars The audio files and handout material are copyrighted by NALA and the authors They are for personal use only Duplication of any of the material or any commercial use is strictly prohibited
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics httpswwwnalaorgcontinuing-educationwebinars NALA Campus LIVE - Live web semi-nars are offered in two sessions each year FebruarymdashMay and AugustmdashNovember Each session features about 30 on-line seminars The audio files and handout material are copy-righted by NALA and the authors They are for personal use only Dupli-cation of any of the material or any commercial use is strictly prohibited
82217 Music Law and Intellectual Property Rights
82417 So the Plaintiffrsquos on Medicare
82017 The ABCrsquos of Special Education
In addition to the Live Webinars NALA has On-Demand Webinar Courses available httpswwwnalaorgcontinuing-educationon-demand-webinar NALA also has a wide variety of available Self-Study courses as well as the Live Webinars You can access the Self-Study courses here httpswwwnalaorgcontinuing-educationself-study Many of these courses are recommended for preparing for the CP exam
NATIONAL BUSINESS INSTITUTE
wwwnbi-semscom
Live Video Webcasts
httpwwwnbi-semscomDefaultaspxVideo-WebcastsNavigationDataSource1=N63782
OnDemand amp Downloads
httpwwwnbi-semscomContentaspxst=ArizonaampNavigationDataSource1=N63932-63947
8817 Probate Boot Camp
8917 Real Estate Title and Conveyance Handling the Top
Issues
8917 Marijuana Business Legal Considerations
81417 Legal Descriptions Title Insurance and Surveys in Real
Estate Transactions
81517 Advanced Custody and Support Issues
81617 Personal Injury Trials 101
82117 Trusts from Start to Finish
82217 How to Get Your Clients Paid Debt Collection 101
82317 Bankruptcy The Ultimate Guide to Chapter 7 and 13
82817 Conflicts of Interest A Practical Legal Ethics Guide
82917 Using LLCs to Protect Assets
83017 Complex Social Security Law Issues
83017 Dealing With Problem Employees A Legal Response
Guide
And many morehellip
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 45
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
Lorman Live Webinars wwwlormancom You can find many more seminars listed at httpwwwlormancomlive-webinar
ON DEMAND WEBINARS
There are many OnDemand Webinars to choose from also
httpwwwlormancomondemand
8317 Electronic Record Retention Mistakes HR
Professionals Can Avoid
8317 HUD Section 3 Compliance Tips for Governments
8417 Paralegals Guide to Unauthorized Practice of Law
8817 Protecting High-Risk Clientsrsquo Assets Against lawsuits
8817 Tips and Tricks to Improve Your Telephone Attitude
8917 Rules and Guidelines When Dealing With Statute of
Limitations
8917 Utilizing Formulas in Microsoft Excel
81017 Early Retirement Incentives Navigating the Legal
Issues
And many more
Maricopa County Bar Association CLE CALENDAR
httpmcbasite-ymcomeventsevent_listasp
LEXIS NEXIS Paralegal Community
has some good information as well
Check it out at httplawlexisnexiscomcommunityportalarticlesdefaultaspxg=QfsTyLJ1USs=ampc=EZggD7hDKLw=
Arizona Bar Association wwwazbarorgCLE
OnDemand CLE
httpsazbarinreachcecomSearchmediaType=494a95bb-1e05-4c5b-a25f-36ad84bd4c39
82217 State Bar of Arizona Course on Professionalism
82317 Steering Clear of Malpractice Road Bumps
82417 Traffic Offenses
82517 Probate Rule 10(E)(2) Subsequent Training for Court-
Appointed Counsel
83017 A Survey of Family Law
And many more
ALA-ABI wwwali-abaorg
The ALI-ABA site has excellent online CLE courses forms printed books MP3 CDROMs CLE DVDs CLE MP3 Downloads CLE Court Materials and Course Papers
81017 Powers of Attorney Latest Legal Developments
81717 Creating and Maintaining a Paperless Practice
Improve Workflow Increase Efficiency
82317 Hot Topics in Legal Ethics
And many more
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 46
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
Organization for Legal Professionals wwwtheolporgeducation
Online Courses
Litigation Support Project Management
Paralegal Management Certificate Program
Project Management in Electronic Discovery
Computer Technology Skills for Paralegals
Legal amp EDiscovery Project Management Course
Institute of Paralegal Education httpipenbi-semscomContentaspxNavigationDataSource1=N63943 Webcasts amp Webinars httpipenbi-semscomContentaspxNavigationDataSource1=Rpp20NspEventDateSort7c1017c17cN63944-4294952056
Webcasts amp Webinars
8217 Medical records Made Easy for Paralegals
8817 Case Management for Paralegals Managing
Documents Files Calendars and Tasks
81717 A Paralegalrsquos Guide to Divorce Cases
82217 The Paralegalrsquos Guide to Probate
82317 Construction Law 101 for Paralegals
82417 Corporate Minute Books A How-To Guide for
Paralegals
82917 Smartphone Apps and Tricks for Paralegals
83017 Managing the Discovery Process A Paralegalrsquos Guide
91217 Paralegalrsquos Guide to Legal Research and Citation
Management
National Constitution Center wwwconstitutionconferencescom
8817 Legal and binding E-Contracts What Works in a Digital World
82117 Retaliation Claims Protect Clients from EEOC Charges amp Private Suits
West Legal Education wwwwestlegaledcentercom
If you know of any other sources for CLE and would like listings to be placed in this
publication please email Newsletterazparalegalorg
- Front Cover
- Table of Contents
- Board of Directors
- APA Announcements
- APA Member News
- 10 Employer Considerations in Light of Arizonas New Paid Sick Time
- Paralegals strike out on firing claims
- Wearable technology Counting the steps to a defense verdict
- August Webinar
- To Lay or Lie
- Sticky Business Etiquette Questions amp Answers
- September Webinar
- Tucson Paralegal Associations 38th Annual Seminar
- The Verdict
- The Brief
- NewBytes
- APA Job Bank
- Got CLE
-
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 22
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 23
Occasionally we all come across
situations in which we wonder
Would Miss Manners approve But
in the digital age of social
networking the etiquette lines can
become even blurrier Following are
some common sticky business
etiquette questions and tips to help
tackle them
Social Media
Should I personalize my LinkedIn requests to
connect with others
Its perfectly fine to use the form letter and in fact
most people do it for convenience even when
connecting with close contacts But if you wish to
connect to someone you havent seen in a while take
the time to personalize the message and explain how
youve met
How do I keep my manager from getting wind of
my job search using LinkedIn
If you consistently have a voice share opinions and
articles and tend to your audience and your network
as a daily routine mdash and not just when youre looking
for work mdash then when its time to find that next career
opportunity none of your activity will look out of the
ordinary But its not smart to immediately update your
LinkedIn profile by adding a large number of new
contacts fleshing out your profile and soliciting
recommendations Adjust your settings so you dont
broadcast activity youre not willing to share Pay
particular attention to the Opportunity Preferences
section under Contact Settings If you say you are
interested in career opportunities you could be
sending a red flag to your manager You can gain
exposure among your peers by joining groups related
to your professional field Many recruiters are
members and scan the roster for potential hires
Contribute to the discussion and establish yourself as a
subject matter expert to catch their interest
Should I friend my boss or coworkers
This is the $64000 question and the feelings of those
on the receiving end may provide the answer (See
Thinking About Friending Your Boss on
Facebook on Page 10 of Business Etiquette The
New Rules in a Digital Age) If you do connect utilize
privacy settings and different friend lists to control
how mdash and with whom mdash you share content Be
sensitive to your professional environment some
industries or companies are much more engaged in
digital networking than others If youre starting a new
job take your cue from others before sending out
friend requests to your new colleagues
Can Facebook postings hurt my job search
A good rule of thumb is to always post prudently If
you dont want your employer to see it get rid of it A
recent survey by our firm revealed that 44 percent of
executives review the Facebook presence of potential
hires Even if your account is just for fun keep it in
check To put your Facebook on a privacy lockdown
click on the drop-down Account menu in the top
right corner and select Privacy Settings Keep in
mind that Facebook may change its privacy features at
(Continued on page 24)
Sticky Business Etiquette Questions amp Answers
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 24
any time and you might not be aware of the changes
when they occur Always assume that anything you
post online may become public
Should I use Facebook at work
Maybe if its for work-related purposes and not just
keeping your friends updated on your weekend
activities Then again maybe not Thirty-eight percent
of chief information officers interviewed by Robert
Half have implemented stricter social networking
policies as these tools have become more prevalent in
the workplace If youre not sure what rules your firm
has in place check with your manager or human
resources representative Your best bet is your own
good judgment Just as you would expect to restrict
personal phone calls or conversation at work you
should limit personal use of social networking
platforms too
Whats the right way to decline a request to
connect with someone
While an automated No thank you could make our
lives easier no response at all might be your best bet
Dont feel pressured to connect with someone you
would rather not form a relationship with and dont
feel the need to explain your decision If you expect
you might run into the individual in person be
prepared in case you are confronted about it Simply
click Ignore especially if the person is a stranger
If someone follows me on Twitter should I
automatically follow him or her back
No because you may end up unfollowing the person
later Before following people check out their feed
bio and previous tweets to get a sense of them or their
organization and determine if youll be interested in
seeing the kind of content they share Although its
considered good etiquette to follow someone back
dont do it indiscriminately Its your feed and you
want to make it valuable to you
Emails and Conference Calls
Uh oh I sent a confidential email to the wrong
person What do I do now
Its not a lost cause and there are a few steps you can
take First try to use the recall function of your email
program But keep in mind that not all applications
offer this option and various factors can affect how
successful it is If this step doesnt solve the problem
you need to limit the impact of your mistake Contact
those who are affected the recipient and possibly the
person to whom you intended to send the message
Explain your error and if you need their help
correcting it You also may need to inform your
manager of the mistake
How responsive should I be to e-mail when Im on
vacation
It depends on whether you want to have a real
vacation If your Out of Office says youre not
checking e-mail on vacation dont check and respond
to messages Doing so changes expectations and
implies youre more accessible than you said youd be
Instead be considerate to others needs while you are
out and list a back-up contact in your Out of Office
auto response
I forgot to attach a file before sending an emailhellip
again How can I avoid this in the future
Slow down Everyone forgets to attach a file from
time to time because theyre in a rush But repeatedly
making this mistake can cause your colleagues to
question your attention to detail Going forward try
attaching your file before you compose your message
This way you can be sure it makes it to the recipient
Just make sure you attach the right file
How can I prevent my colleagues from scheduling
conference calls over lunch
Everyone should have a chance to eat lunch Often
people simply look for an open spot on others
calendars when scheduling a meeting So you might
consider blocking out your lunch hour to ensure you
have time to grab a bite to eat Although it may be
unavoidable to meet during this time on occasion you
might find that this simple step helps you out
Thanks to Robert Half for this information To learn more about
Robert Half visit wwwroberthalfcom
(Sticky Business hellip Continued from page 23)
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 25
3150 N 24th Street
Suite D-104
Phoenix AZ 85016
6022569700
The Nationwide Legal LLC team provides a
broad spectrum of comprehensive legal support
services at an unparalleled level of quality NWL
utilizes state-of-the-art technology to deliver
practical and cost-effective solutions for all of
your legal support service needs wwwNationwideASAPcom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 26
BILLING
BLUNDERS AND
FEE AGREEMENT
ESSENTIALS Speaker
Lynda C Shely
Esq
Ethics Lawyer
Speaker
Consultant
APA WEBINAR
Wednesday September 13 2017
1200-100 pm
COST APA Members $25 (or use your free 2017 webinar coupon) All others $30
This webinar qualifies for 1 hour Ethics CLE credit
Lynda C Shely of The Shely Firm PC Scottsdale Arizona provides ethics advice to over 1500 law firms in Arizona and the
District of Columbia on a variety of topics including conflicts of interest fees and billing trust account procedures lawyer
transitions multi-jurisdictional practice ancillary businesses and ethics requirements for law firm advertisingmarketing She also
assists lawyers in responding to initial Bar charges performs law office risk management reviews and trains law firm staff in
ethics requirements Lynda serves as an expert witness and frequently presents continuing legal education programs around the
country Prior to opening her own firm she was the Director of Lawyer Ethics for the State Bar of Arizona Prior to moving to
Arizona Prior to moving to Arizona Lynda was an intellectual propertyantitrust associate with Morgan Lewis amp Bockius in
Washington DC Lynda received her BA from Franklin amp Marshall College in Lancaster PA and her JD from Catholic
University in Washington DC
Lynda was the 2015-2016 President of the Association of Professional Responsibility Lawyers She serves on several State Bar of
Arizona Committees and as a liaison to the ABA Standing Committee on Ethics and Professional Responsibility She is an
Arizona Delegate in the ABA House of Delegates Lynda has received several awards for her contributions to the legal profession
including the 2007 State Bar of Arizona Member of the Year award the Scottsdale Bar Associationrsquos 2010 Award of Excellence
and the 2015 AWLA Maricopa Chapter Ruth V McGregor award She is a prior chair of the ABA Standing Committee on
Client Protection and a past member of the ABArsquos Professionalism Committee and Center for Professional Responsibility
Conference Planning Committee Lynda was the 2008-2009 President of the Scottsdale Bar Association She has been an adjunct
professor at all three Arizona law schools teaching professional responsibility
LAST DAY TO REGISTER FRIDAY September 8 2017 at 500 PM
Click Here to Register httpazparalegalorgevent-2588123
Ethical and practical considerations for all firms ndash even those that think they do not need to
track hourly time Lynda will review what clauses are mandatory for all fee agreements in Ar-
izona as well as clauses that will help with client communications and expectations Billing
tips will go over the five things to never do in a time entry why block billing is prohibited in
Arizona how to get paid faster and common mistakes made in client invoices
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 27
WOOLSTON amp TARTER PC AUDIT DEFENSE amp TAX LITIGATION
Congratulations to the Arizona
Paralegal Association on 40
successful years of promoting the
paralegal profession
In just about every area of society therersquos nothing more important than ethics
Henry Paulson
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 28
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 29
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 30
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 31
Jason Bagley
Senior Territory Manager
(602) 559-4587
jasonbagleylexisnexiscom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 32
GENDER EQUALITY
The process of voir dire sometimes includes
subtle and not-so-subtle attempts at gender
stacking of jurors to prevent or create bias
toward a plaintiff Other demographic factors
may be more influential but gender is still
important though not necessarily in the way
one would suspect
The accompanying chart based on California New York and Texas cases reported to VerdictSearch depicts
plaintiffsrsquo winning percentages according to the plaintiffrsquos gender and the juryrsquos composition Bias is evident
but it is not dependent on the plaintiffrsquos gender
Any plaintiffrsquos winning percentage is substantially greater when his or her case is heard by a female-
dominated jury rather than a male-dominated jury or a gender-neutral jury The takeaway All other factors
being equal plaintiffs are best served by female jurors The equation flips when it comes to awarding
damages but thatrsquos a topic for another study
Thank you to Verdict Search for this analysis To learn more about VerdictSearch visit
wwwVerdictSearchcom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 33
Vol 13 No 8 August 2017
Fees Increase in One Week
Most filing and service fees will increase on Wednesday August 9 2017 Documents submitted for filing that are received by the Clerks office (file counter by mail or through a filing depository box) on or before August 8 will be subject to the current fees Documents received for filing on and after August 9 will be subject to the new fees Fees are posted on the Clerkrsquos website at httpwwwclerkofcourtmaricopagovfeesasp
Appeal and Cost Bond Info Online
Court rules statutes court orders or other authorities may require posting appeal or cost bonds with the Clerks Office Depending on the type of issue the parties the complexity of the case and other factors years can pass between the bond posting date and resolution of related issues During that time parties attorneys and the courts may overlook issuing a court order releasing the money The Clerks Office holds the funds until a court order directs the Clerk specifically what to do with those funds The Clerkrsquos Office has now posted lists online of bonds posted with the Clerks Office where the need for the bond may have ended and no court order was filed allowing the Clerk to return the money If you or your clients posted an appeal or cost bond in any case it is worth checking if funds are still on hold
Customers can search the online lists by party name or case number A party or their attorney must file a petition with the court requesting an order be issued directing the Clerk to release these funds The Clerks Office will only release money by court order and only as specifically directed in the order For more information about the deposit or release of these funds including specific information the Clerkrsquos Office needs before releasing money see the Clerkrsquos website at httpwwwclerkofcourtmaricopagovrelease_bondsasp The Clerks Office will only assist parties to a case or their attorneys Third-party vendors personal representatives and other non-parties must be named in a court order to obtain detailed information or to receive a payment check
Law Library Resource Center Filings Grow by Leaps and Bounds
Last year the Superior Court in Maricopa County renamed relocated and expanded its self-service center into the Law Library Resource Center (LLRC) The Clerkrsquos Office staffs a filing counter within the downtown Phoenix LLRC to allow customers a one-stop-shop for research drafting and filing court documents Filings within the LLRC have gone up every month since its establishment In January 2017 the file counter handled 406 transactions and nearly doubled that volume by the end of March 2017 with 802 transactions In June the file counter processed more than 1000 transactions Clerk staff at this window can process fee deferral applications adding to customersrsquo onsite convenience For more information about the LLRCrsquos services locations and other details see the Superior Courtrsquos website at httpswwwsuperiorcourtmaricopagovSuperiorCourtLawLibraryResourceCenter
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 34
THANK YOU
Our Charity Raffle Prize Drawing for this beautiful quilt donated by the Emmanuel Lutheran Quilters of Prescott Valley Arizona raised $350
All proceeds have been provided to Feed Hungry Children Program in Prescott Valley Arizona
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 35
Paralegal robot reviews patent documents There is a new software RoboReview that helps patent
lawyers draft applications that are more likely to pass muster with the USPTO It automates paralegal
work bringing more rigor to the task of researching prior art and potentially saving thousands of dollars
on a filing Typically this review is done by humans doing multiple searches To read more visit the
ABA Journal httpwwwabajournalcomnewsarticlepatent_document_robot_legal_review
Paralegal cries after being charged with stealing $12 million from law firm The paralegal was an
office manager for a law firm in downtown Toledo where prosecutors allege she embezzles money from
the firm and from the trust account of a disabled client between 2008 and September 2015 The suit
claims that the paralegal forged signatures and falsified bookkeeping software and other records to steal
from the firm The paralegal cried throughout the bond hearing She has been fired To read more about
this case visit httpwwwtoledobladecomCourts20170712Bond-set-at-100K-for-office-manager-
charged-with-embezzling-1-2Mhtml
Paralegal re-appointed to Florida Bar Section Priscilla Horn Warren a nationally and Florida
certified paralegal will continue to serve on the States Solo and Small Firm Section as their paralegal
representative for 2017-2018 term Warren has continuously served as paralegal liaison with the section
since 1995
Law Firm not liable for paralegal mistake on $15 bn loan A New York Judge found that the firm did
not owe a duty of case to third parties The paralegal had accidentally cancelled the security interest of a
$15 billion loan to General Motors The firm did not represent the lenders and as such did not owe a duty
to third parties JP Morgan Chase acted as lenders and its lawyers also missed the mistake The mistake
was only noticed when GM filed for bankruptcy protection in 2009 To read more visit
httpwwwgloballegalpostcombig-storiesmayer-brown-not-liable-for-paralegal-mistake-on-$15-bn-
loan-73921531
Lawyer and paralegal arrested after being found with meth pipes and other drug paraphernalia
The attorney claimed that the equipment didnt belong to him (my paralegal did it defense) To read
more visit httpwwwarkansasmatterscomnewslocal-newsconway-lawyer-and-paralegal-arrested-on-
drug-possession769588833
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 36
DIAMOND SPONSORS
National Health Finance
ABI Document Support Services
RUBY SPONSORS
Nationwide Legal Inc
Vocational Diagnostics Inc
EMERALD SPONSORS
MBA Legal Transcription
First Legal Network
LexisNexis
Coash amp Coash
Robert E ldquoBobrdquo Underdown The Insurance Archaeologist
Jones Skelton amp Hochuli
THANK YOU TO OUR SPONSORS AT OUR ANNUAL LEGAL CONFERENCE AND 40TH ANNIVERSARY CELEBRATION
Thank you to the individuals and businesses that support the Arizona Paralegal
Association in our efforts to promote and educate the paralegal community by
becoming Legal Seminar Sponsors The assistance of our sponsors has been vital in
bringing educational programs to paralegals across Arizona This Legal Seminar would
not be possible without the help of the sponsors and we hope you will join us in
PEARL SPONSORS
Compex Legal Services Inc
Kathy Hanchette Premier Designs
Robson Forensic
Parasec
Iron Mountain
Litigation Services
Fronteo
The Morton Group
Integrated Medical Evaluations Inc
Elite Medical Experts
Lynn Tofaute Yanbal Jewelry
Griffin amp Associates
Discovia
Woolston amp Tarter PC
Ottmar amp Associates
Ballard Spahr LLP
DTI Global
Thank you to these Northern Arizona sponsors who have generously donated
prizes for the Arizona Paralegal Association drawing
Murphyrsquos Restaurant Prescott Arizona
Susanne Chacon Scentsy 9287108777
Yavapai Title 9284452528
Mangum Pearce Court Reporting 9284451909
Prescott Law group PLC 9284451909
Emmanuel Lutheran Quilters Prescott Valley
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 37
Congratulations to the Arizona Paralegal Association on 40 years
1 East Washington St Suite 2300
Phoenix AZ 85004
602798-5400
wwwballardspahrcom
6024851488
wwwOtmarAssoccom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 38
APA MEMBER JOB BANK
DONrsquoT FORGET TO CHECK OUR ONLINE
JOB BANK FOR UP-TO-DATE JOB LISTINGS
at httpwwwazparalegalorgjobbank
[In order to view the online Job Bank you must login
to our new website (using your email and password)
If you experience any difficulty logging in please
contact membershipazparalegalorg for assistance]
PARALEGAL - BANKRUPTCY LITIGATION
Position Overview
Under the supervision of one or more lawyer(s) the
Paralegal assists in the delivery of quality efficient
and accessible legal services in the bankruptcy real
estate corporate andor commercial litigation practice
groups
Responsibilities
Draft routine pleadings statements affidavits
andor other legal documentation as appropriate at
the specific direction of attorneys
Prepare initial drafts of legal documents for
bankruptcy proceedings including case captions
and simple pleadings such as claim forms requests
for notice or judicial notice etc
Arrange Court Call appearances communicates
and cooperates with Court clerks on filings and
appearance requirements and interacts with Court
personnel as necessary to serve client needs
Prepare initial drafts of fee applications when
representing estate professionals and oversecured
creditors in bankruptcy cases and in connection
with fee awards in other litigation contexts
including exhibits and declarations in support
Compile documents in connection with appeals
including designations and indexes of the record
district court elections and requests for transcripts
Draft notices of appearance substitutions of
counsel documents pro hac vice applications and
corporate ownership statements
Assist with discovery-related filings including
Bankruptcy Rule 2004 examination applications
notices and orders subpoenas and notice of
servicecompliance
Manage non-judicial trustees sale process
including security instrument review public
record filing review notice drafting service
completion bid compilation sale procedures
communications with interested parties deed upon
sale drafting and all necessary public recording
and filing
Perform ECF filings and review local rules for
pleading forms notice and service requirements
Fulfill duties to deliver court copies courtesy
copies lodged order uploads in pdf or Word and
complies with all local rule requirements
Organize index and track large numbers of
documents including development of information
(Continued on page 39)
DO YOU KNOW OF A PARALEGAL POSITION AT YOUR PLACE OF EMPLOYMENT
If so advise your employer that the APA offers ad space for paralegal jobs to employers free of charge To place a job bank ad or for information on a job send an e-mail to Betsy Wolf at jobbankazparalegalorg
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 39
APA MEMBER JOB BANK
retrieval systems performs all case management
functions
Perform calendaring or docketing of information
as needed
Research and obtain information from various
courts administrative bodies public information
sources etc
Performs electronic research using PACER court
websites Westlaw and Lexis in addition to
Shepardizing and Bluebooking citations
Coordinate efforts with trials and hearings such as
taking notes handling exhibits organizing and
gathering factual information etc
Attend trials or client meetings as needed inside
and outside the office that require face-to-face
contact
Coordinate vendors in conjunction with a project
such as court reporters process servers copy
vendors etc
Track time in DTE and assures that services
provided are properly charged to the client
Track expenses for travel client meetings and
court appearances
Essential Job SpecificationsQualifications
Familiarity with pleading notice and service rules
triggered in Chapter 7 and 11 Bankruptcy Courts
Familiarity with Uniform Commercial Code
enforcement process and procedures
Familiarity with basic corporate formation
practices and procedures
Ability to perform ECF filings
Excellent computer skills including Word Excel
PowerPoint and database applications
Ability to deal professionally with all levels of
clients both internally and externally
Proven ability to solve problems work
independently and tackle projects with minimal
supervision
Ability to be flexible meet deadlines handle
pressure and adapt to changing work priorities
work flow and work assignments
Ability to effectively and respectfully
communicate verbally and in writing with other
staff lawyers management and clients
Ability to organize a large amount of data and files
into an efficient system (both electronic and
hardcopy) for easy filing and retrieval
Ability to maintain confidences as well as build
confidences and trust
Ability to pay close attention to detail
Ability to work overtime up to 10 or more hours
per week
Ability to work off-site at client location(s) for
extended periods of time
Requires the ability to regularly report to work on
the days and times scheduled or alternatively to
work flex hours depending on lawyer and client
needs
Physical Demands
Ability to work in a typical office environment and
lift up to 25 lbs NOTE Reasonable
accommodations may be made to enable
individuals with disabilities to perform the
essential functions
Travel
Ability to travel locally
EducationExperienceCertifications
Bachelors Degree andor Paralegal Certificate
Minimum of two years experience with
bankruptcy and litigation practice(s) at a law firm
Disclaimer
The above statements are intended to describe the
general nature and level of work being performed by
the incumbent in the position They are not intended
to be an exhaustive list of all responsibilities duties
and skills of the employee Duties and responsibilities
may change at any time with or without notice
(Job Bank hellip Continued from page 38)
(Continued on page 40)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 40
How to Apply Please send resume to
lisaspannbryancavecom
Equal Opportunity Employer
LITIGATION PARALEGAL - INSURANCE
DEFENSE
Jones Skelton amp Hochuli is seeking an ambitious
paralegal with 5+ years of experience in general civil
litigation and experience in State and Federal courts
The ideal candidate will have a stable work history
and exceptional communication and organizational
skills We offer a competitive salary and benefits
package and a team-oriented working environment
Please email your resume to Recruitingjshfirmcom
AAEOE
EXPERIENCED LITIGATION PARALEGAL
Dickinson Wright PLLC (Phoenix office) is in need of
a litigation paralegal
Requires a minimum of three yearsrsquo recent experience
in Arizona law
Job Description
Organize and synthesize information through the
preparation of summaries chronologies reports
spreadsheets
Draft and review routine legal documents (eg
privilege logs exhibit lists discovery disclosures
etc)
Assist attorneys on cases by providing
computerized support to help them plan organize
research analyze argue and present their cases in
a more cost and time efficient manner
Provide the day-to-day support of data
management
Assist attorney in trial preparation and set-up of
electronic equipment in the courtroom provides
court assistance as required
Assist with managing cases projects on various
levels and at various stages of the litigation
process
Candidates must have excellent communication skills
for contacting clients experts and other outside
parties have knowledge of state and federal court
rules procedures and e-filing requirements drafting
be self-motivated a team player proficient in MW
Word Outlook 2010 and a working knowledge of
document management systems Relativity and Trial
Director experience is a must
EducationalExperience requirements
Paralegal certificate from ABA school or
certification
We offer a competitive salary and benefits package
and an outstanding work environment All candidates
must submit a cover letter resume and salary history
Please email resumes to
LMandellDickinsonwrightcom
EXPERIENCED FAMILY LAW PARALEGAL
Cantor Law Group an AV-rated six-attorney family
law firm located in downtown Phoenix seeks a sharp
paralegal with at least two years of recent Arizona
family law experience In this position you will work
closely with an associate attorney to manage a case
load of 40+ cases covering a wide range of domestic
relations issues Experience with high-asset andor
DCS cases is a plus Must be a strong writer able to
draft pleadings and correspondence Exceptional
people skills are needed as there is a great deal of
client contact
An attractive compensation and benefits package is
available for the right candidate In addition to a
competitive salary and bonus opportunities we offer
an outstanding benefits package including ten paid
(Job Bank hellip Continued from page 39)
(Continued on page 41)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 41
holidays per year ten days paid vacation days yearly
five days personal paid time off yearly as well as the
availability of medical dental vision and life
insurance A 401K with a very generous employer
match is offered after one year
Requirements
2 years recent Arizona family law experience
Proactive able to handle and direct caseload with
minimal supervision
Attention to detail and excellent follow-up
Excellent analytical capabilities amp writing skills
able to draft substantive motions for attorney
review
Work well as a member of a fast-paced team
Professional appearance demeanor and attitude
Great client relations skills
Excellent computer skills including proficiency in
MS Word and other MS Office applications
Paralegal certification preferred (not required)
Knowledge of Time Matters or other case
management software a plus
Please send resumes to hrdmcantorcom
EXPERIENCED CRIMINAL DEFENSE
PARALEGAL
The Law Offices of David Michael Cantor an AV
rated criminal defense firm in Downtown Phoenix is
seeking an experienced paralegal with felony amp
misdemeanor experience to work closely with our
attorneys Our practice includes the full spectrum of
criminal charges and you will have the opportunity to
work on cases involving drug charges violent crime
sex offenses white collar crime property crime and
DUIs
The job
Proactively manage a substantial caseload without
direct supervision
Prepare and file pleadings according to attorney
instructions
Prepare trial notebooks and handle all trial prep
work
Create high quality correspondence and other
documents with little to no supervision
Maintain professional relationships with law
enforcement and prosecutors
Provide excellent customer service for our clients
Support 1-2 attorneys
We offer
Competitive compensation
Outstanding benefits including medical dental
vision lifeADampD coverage
401K with generous employer match
Paid vacation and sick time
Ten paid holidays per year
You
2+ years of private Arizona defense experience
handling both misdemeanor and felony charges
Familiar with Arizona courts and MVD
Proactive ndash needs little supervision
Great follow-up skills and attention to detail
Excellent writing skills
Professional appearance and behavior
MS Word and other MS Office applications
Keyboard speed 50+ wpm
Reliable
Enjoy being a member of a friendly team of
professionals
Experience with Abacus or other case
management software desirable
Please send resumes to hrdmcantorcom
PARALEGAL
Sentry Insurance is looking for a Paralegal to provide
litigation and administrative support to our Staff
(Job Bank hellip Continued from page 40)
(Continued on page 42)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 42
Counsel operation If you are looking for a career
with great potential choose the company with the
strength and stability to offer it all
What Yoursquoll Do
As the Paralegal yoursquoll assist the attorney staff by
performing legal activities which do not require
attorney signature client advise or appearances in
court In addition yoursquoll
Assist in the preparation of responses to discovery
under direct supervision of an attorney
Perform factual investigations and document
searches
Obtain investigative materials and policy
information
Contact insureds and other witnesses to obtain
factual statements
Coordinate scheduling of litigation activities and
witness appearances
What it Takes
Associate Degree or equivalent work experience
2-5 years of related work experience at least one
year in litigation practice
American Bar Association-Certified Paralegal
Training
Advanced knowledge of case management and
knowledge of and ability to perform legal
research
Experience with resources such as Westlaw and
Lexis
Strong analytical ability and knowledge of
litigation processes
Strong organizational and communication skills
Ability to maintain confidentiality
Strong working knowledge of the Internet
PowerPoint Excel and Word and familiarity with
legal case management software (ProLaw Clio
etc)
Ability to work independently and in multi-
jurisdictional venues
Must be able to meet travel requirements of the
job
What Yoursquoll Receive
We offer an outstanding array of benefits for our
associates including
Competitive Compensation
Group Medical Dental Vision and Life benefits
Generous Paid-Time Off - including Company
Holidays
401k plan with a dollar-for-dollar match on your
first six percent ndash immediate vesting
Access to more than 100 certification designation
and licensing courses
Career advancement opportunities
Why Sentry Insurance
Sentry employees have been helping individuals and
businesses build and protect their futures since 1904
Because of the trust placed in us Sentry is one of the
largest and strongest mutual insurance companies in
the United States and is rated A+ by AM Best the
industrys leading rating authority Sentry offers a full
line of property casualty and life insurance products
to protect businesses cars homes lives and retirement
incomes
So make the right choice - with great potential for
growth an outstanding 401(k) program and a schedule
that offers you a balance between your work and life
choose the company with the strength and stability to
offer it all Choose Sentry Insurance Sentry
Insurance is an Equal Opportunity Employer Apply
online at httpsjobssentrycomsearch119871
FULL-TIME LEGAL SECRETARY ASSISTANT
Mid-sized law office is seeking a self-motivated and
highly organized legal secretary with a minimum of 5
years of experience supporting 2 or more attorneys
Position will support multiple attorneys with case
management assistance calendaring state and federal
court filings formatting correspondence and
(Job Bank hellip Continued from page 41)
(Continued on page 43)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 43
pleadings copying mailing and other clerical duties
Optimal candidate will be able to accept and
implement directives maintain focus in hectic
environment keep attorneys informed of progress at
regular intervals and prioritize multiple projects
Working knowledge of MS Word amp Excel required
Associatersquos degree and background in litigation andor
insurance preferred EEOC Please email reacutesumeacute and
cover letter with salary requirements to
admincdslawfirmcom
EXPERIENCED PLAINTIFFS PERSONAL
INJURY LEGAL ASSISTANT
Small growing fast-paced Central Phoenix Personal
Injury Law Firm seeking full-time Legal Assistant to
join our team
Candidate must have excellent skills and 5 years
experience in a Plaintiffs Personal Injury Law Firm
with an ability to perform in a fast paced environment
Bi-lingual (SpanishEnglish) preferred but not
required Position involves significant interaction with
clients and requires attention to detail Good
organizational skills with a strong work ethic are
essential as is the ability to multi-task
Responsibilities include handling a large pre-litigation
caseload interfacing with attorneys and legal
assistants Must be proficient with MS Word Outlook
and Needles Case Management (preferred but not
necessary) Salary is competitive and DOE
Qualified candidates should e-mail resume with a
cover letter detailing their skills employment history
and salary requirements to
acoronadoblakefirmcom
(Job Bank hellip Continued from page 42)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 44
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
NALA Campus LIVE - Live web seminars are offered in two sessions each year FebruarymdashMay and AugustmdashNovember Each ses-sion features about 30 on-line seminars The audio files and handout material are copyrighted by NALA and the authors They are for personal use only Duplication of any of the material or any commercial use is strictly prohibited
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics httpswwwnalaorgcontinuing-educationwebinars NALA Campus LIVE - Live web semi-nars are offered in two sessions each year FebruarymdashMay and AugustmdashNovember Each session features about 30 on-line seminars The audio files and handout material are copy-righted by NALA and the authors They are for personal use only Dupli-cation of any of the material or any commercial use is strictly prohibited
82217 Music Law and Intellectual Property Rights
82417 So the Plaintiffrsquos on Medicare
82017 The ABCrsquos of Special Education
In addition to the Live Webinars NALA has On-Demand Webinar Courses available httpswwwnalaorgcontinuing-educationon-demand-webinar NALA also has a wide variety of available Self-Study courses as well as the Live Webinars You can access the Self-Study courses here httpswwwnalaorgcontinuing-educationself-study Many of these courses are recommended for preparing for the CP exam
NATIONAL BUSINESS INSTITUTE
wwwnbi-semscom
Live Video Webcasts
httpwwwnbi-semscomDefaultaspxVideo-WebcastsNavigationDataSource1=N63782
OnDemand amp Downloads
httpwwwnbi-semscomContentaspxst=ArizonaampNavigationDataSource1=N63932-63947
8817 Probate Boot Camp
8917 Real Estate Title and Conveyance Handling the Top
Issues
8917 Marijuana Business Legal Considerations
81417 Legal Descriptions Title Insurance and Surveys in Real
Estate Transactions
81517 Advanced Custody and Support Issues
81617 Personal Injury Trials 101
82117 Trusts from Start to Finish
82217 How to Get Your Clients Paid Debt Collection 101
82317 Bankruptcy The Ultimate Guide to Chapter 7 and 13
82817 Conflicts of Interest A Practical Legal Ethics Guide
82917 Using LLCs to Protect Assets
83017 Complex Social Security Law Issues
83017 Dealing With Problem Employees A Legal Response
Guide
And many morehellip
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 45
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
Lorman Live Webinars wwwlormancom You can find many more seminars listed at httpwwwlormancomlive-webinar
ON DEMAND WEBINARS
There are many OnDemand Webinars to choose from also
httpwwwlormancomondemand
8317 Electronic Record Retention Mistakes HR
Professionals Can Avoid
8317 HUD Section 3 Compliance Tips for Governments
8417 Paralegals Guide to Unauthorized Practice of Law
8817 Protecting High-Risk Clientsrsquo Assets Against lawsuits
8817 Tips and Tricks to Improve Your Telephone Attitude
8917 Rules and Guidelines When Dealing With Statute of
Limitations
8917 Utilizing Formulas in Microsoft Excel
81017 Early Retirement Incentives Navigating the Legal
Issues
And many more
Maricopa County Bar Association CLE CALENDAR
httpmcbasite-ymcomeventsevent_listasp
LEXIS NEXIS Paralegal Community
has some good information as well
Check it out at httplawlexisnexiscomcommunityportalarticlesdefaultaspxg=QfsTyLJ1USs=ampc=EZggD7hDKLw=
Arizona Bar Association wwwazbarorgCLE
OnDemand CLE
httpsazbarinreachcecomSearchmediaType=494a95bb-1e05-4c5b-a25f-36ad84bd4c39
82217 State Bar of Arizona Course on Professionalism
82317 Steering Clear of Malpractice Road Bumps
82417 Traffic Offenses
82517 Probate Rule 10(E)(2) Subsequent Training for Court-
Appointed Counsel
83017 A Survey of Family Law
And many more
ALA-ABI wwwali-abaorg
The ALI-ABA site has excellent online CLE courses forms printed books MP3 CDROMs CLE DVDs CLE MP3 Downloads CLE Court Materials and Course Papers
81017 Powers of Attorney Latest Legal Developments
81717 Creating and Maintaining a Paperless Practice
Improve Workflow Increase Efficiency
82317 Hot Topics in Legal Ethics
And many more
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 46
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
Organization for Legal Professionals wwwtheolporgeducation
Online Courses
Litigation Support Project Management
Paralegal Management Certificate Program
Project Management in Electronic Discovery
Computer Technology Skills for Paralegals
Legal amp EDiscovery Project Management Course
Institute of Paralegal Education httpipenbi-semscomContentaspxNavigationDataSource1=N63943 Webcasts amp Webinars httpipenbi-semscomContentaspxNavigationDataSource1=Rpp20NspEventDateSort7c1017c17cN63944-4294952056
Webcasts amp Webinars
8217 Medical records Made Easy for Paralegals
8817 Case Management for Paralegals Managing
Documents Files Calendars and Tasks
81717 A Paralegalrsquos Guide to Divorce Cases
82217 The Paralegalrsquos Guide to Probate
82317 Construction Law 101 for Paralegals
82417 Corporate Minute Books A How-To Guide for
Paralegals
82917 Smartphone Apps and Tricks for Paralegals
83017 Managing the Discovery Process A Paralegalrsquos Guide
91217 Paralegalrsquos Guide to Legal Research and Citation
Management
National Constitution Center wwwconstitutionconferencescom
8817 Legal and binding E-Contracts What Works in a Digital World
82117 Retaliation Claims Protect Clients from EEOC Charges amp Private Suits
West Legal Education wwwwestlegaledcentercom
If you know of any other sources for CLE and would like listings to be placed in this
publication please email Newsletterazparalegalorg
- Front Cover
- Table of Contents
- Board of Directors
- APA Announcements
- APA Member News
- 10 Employer Considerations in Light of Arizonas New Paid Sick Time
- Paralegals strike out on firing claims
- Wearable technology Counting the steps to a defense verdict
- August Webinar
- To Lay or Lie
- Sticky Business Etiquette Questions amp Answers
- September Webinar
- Tucson Paralegal Associations 38th Annual Seminar
- The Verdict
- The Brief
- NewBytes
- APA Job Bank
- Got CLE
-
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 23
Occasionally we all come across
situations in which we wonder
Would Miss Manners approve But
in the digital age of social
networking the etiquette lines can
become even blurrier Following are
some common sticky business
etiquette questions and tips to help
tackle them
Social Media
Should I personalize my LinkedIn requests to
connect with others
Its perfectly fine to use the form letter and in fact
most people do it for convenience even when
connecting with close contacts But if you wish to
connect to someone you havent seen in a while take
the time to personalize the message and explain how
youve met
How do I keep my manager from getting wind of
my job search using LinkedIn
If you consistently have a voice share opinions and
articles and tend to your audience and your network
as a daily routine mdash and not just when youre looking
for work mdash then when its time to find that next career
opportunity none of your activity will look out of the
ordinary But its not smart to immediately update your
LinkedIn profile by adding a large number of new
contacts fleshing out your profile and soliciting
recommendations Adjust your settings so you dont
broadcast activity youre not willing to share Pay
particular attention to the Opportunity Preferences
section under Contact Settings If you say you are
interested in career opportunities you could be
sending a red flag to your manager You can gain
exposure among your peers by joining groups related
to your professional field Many recruiters are
members and scan the roster for potential hires
Contribute to the discussion and establish yourself as a
subject matter expert to catch their interest
Should I friend my boss or coworkers
This is the $64000 question and the feelings of those
on the receiving end may provide the answer (See
Thinking About Friending Your Boss on
Facebook on Page 10 of Business Etiquette The
New Rules in a Digital Age) If you do connect utilize
privacy settings and different friend lists to control
how mdash and with whom mdash you share content Be
sensitive to your professional environment some
industries or companies are much more engaged in
digital networking than others If youre starting a new
job take your cue from others before sending out
friend requests to your new colleagues
Can Facebook postings hurt my job search
A good rule of thumb is to always post prudently If
you dont want your employer to see it get rid of it A
recent survey by our firm revealed that 44 percent of
executives review the Facebook presence of potential
hires Even if your account is just for fun keep it in
check To put your Facebook on a privacy lockdown
click on the drop-down Account menu in the top
right corner and select Privacy Settings Keep in
mind that Facebook may change its privacy features at
(Continued on page 24)
Sticky Business Etiquette Questions amp Answers
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 24
any time and you might not be aware of the changes
when they occur Always assume that anything you
post online may become public
Should I use Facebook at work
Maybe if its for work-related purposes and not just
keeping your friends updated on your weekend
activities Then again maybe not Thirty-eight percent
of chief information officers interviewed by Robert
Half have implemented stricter social networking
policies as these tools have become more prevalent in
the workplace If youre not sure what rules your firm
has in place check with your manager or human
resources representative Your best bet is your own
good judgment Just as you would expect to restrict
personal phone calls or conversation at work you
should limit personal use of social networking
platforms too
Whats the right way to decline a request to
connect with someone
While an automated No thank you could make our
lives easier no response at all might be your best bet
Dont feel pressured to connect with someone you
would rather not form a relationship with and dont
feel the need to explain your decision If you expect
you might run into the individual in person be
prepared in case you are confronted about it Simply
click Ignore especially if the person is a stranger
If someone follows me on Twitter should I
automatically follow him or her back
No because you may end up unfollowing the person
later Before following people check out their feed
bio and previous tweets to get a sense of them or their
organization and determine if youll be interested in
seeing the kind of content they share Although its
considered good etiquette to follow someone back
dont do it indiscriminately Its your feed and you
want to make it valuable to you
Emails and Conference Calls
Uh oh I sent a confidential email to the wrong
person What do I do now
Its not a lost cause and there are a few steps you can
take First try to use the recall function of your email
program But keep in mind that not all applications
offer this option and various factors can affect how
successful it is If this step doesnt solve the problem
you need to limit the impact of your mistake Contact
those who are affected the recipient and possibly the
person to whom you intended to send the message
Explain your error and if you need their help
correcting it You also may need to inform your
manager of the mistake
How responsive should I be to e-mail when Im on
vacation
It depends on whether you want to have a real
vacation If your Out of Office says youre not
checking e-mail on vacation dont check and respond
to messages Doing so changes expectations and
implies youre more accessible than you said youd be
Instead be considerate to others needs while you are
out and list a back-up contact in your Out of Office
auto response
I forgot to attach a file before sending an emailhellip
again How can I avoid this in the future
Slow down Everyone forgets to attach a file from
time to time because theyre in a rush But repeatedly
making this mistake can cause your colleagues to
question your attention to detail Going forward try
attaching your file before you compose your message
This way you can be sure it makes it to the recipient
Just make sure you attach the right file
How can I prevent my colleagues from scheduling
conference calls over lunch
Everyone should have a chance to eat lunch Often
people simply look for an open spot on others
calendars when scheduling a meeting So you might
consider blocking out your lunch hour to ensure you
have time to grab a bite to eat Although it may be
unavoidable to meet during this time on occasion you
might find that this simple step helps you out
Thanks to Robert Half for this information To learn more about
Robert Half visit wwwroberthalfcom
(Sticky Business hellip Continued from page 23)
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 25
3150 N 24th Street
Suite D-104
Phoenix AZ 85016
6022569700
The Nationwide Legal LLC team provides a
broad spectrum of comprehensive legal support
services at an unparalleled level of quality NWL
utilizes state-of-the-art technology to deliver
practical and cost-effective solutions for all of
your legal support service needs wwwNationwideASAPcom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 26
BILLING
BLUNDERS AND
FEE AGREEMENT
ESSENTIALS Speaker
Lynda C Shely
Esq
Ethics Lawyer
Speaker
Consultant
APA WEBINAR
Wednesday September 13 2017
1200-100 pm
COST APA Members $25 (or use your free 2017 webinar coupon) All others $30
This webinar qualifies for 1 hour Ethics CLE credit
Lynda C Shely of The Shely Firm PC Scottsdale Arizona provides ethics advice to over 1500 law firms in Arizona and the
District of Columbia on a variety of topics including conflicts of interest fees and billing trust account procedures lawyer
transitions multi-jurisdictional practice ancillary businesses and ethics requirements for law firm advertisingmarketing She also
assists lawyers in responding to initial Bar charges performs law office risk management reviews and trains law firm staff in
ethics requirements Lynda serves as an expert witness and frequently presents continuing legal education programs around the
country Prior to opening her own firm she was the Director of Lawyer Ethics for the State Bar of Arizona Prior to moving to
Arizona Prior to moving to Arizona Lynda was an intellectual propertyantitrust associate with Morgan Lewis amp Bockius in
Washington DC Lynda received her BA from Franklin amp Marshall College in Lancaster PA and her JD from Catholic
University in Washington DC
Lynda was the 2015-2016 President of the Association of Professional Responsibility Lawyers She serves on several State Bar of
Arizona Committees and as a liaison to the ABA Standing Committee on Ethics and Professional Responsibility She is an
Arizona Delegate in the ABA House of Delegates Lynda has received several awards for her contributions to the legal profession
including the 2007 State Bar of Arizona Member of the Year award the Scottsdale Bar Associationrsquos 2010 Award of Excellence
and the 2015 AWLA Maricopa Chapter Ruth V McGregor award She is a prior chair of the ABA Standing Committee on
Client Protection and a past member of the ABArsquos Professionalism Committee and Center for Professional Responsibility
Conference Planning Committee Lynda was the 2008-2009 President of the Scottsdale Bar Association She has been an adjunct
professor at all three Arizona law schools teaching professional responsibility
LAST DAY TO REGISTER FRIDAY September 8 2017 at 500 PM
Click Here to Register httpazparalegalorgevent-2588123
Ethical and practical considerations for all firms ndash even those that think they do not need to
track hourly time Lynda will review what clauses are mandatory for all fee agreements in Ar-
izona as well as clauses that will help with client communications and expectations Billing
tips will go over the five things to never do in a time entry why block billing is prohibited in
Arizona how to get paid faster and common mistakes made in client invoices
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 27
WOOLSTON amp TARTER PC AUDIT DEFENSE amp TAX LITIGATION
Congratulations to the Arizona
Paralegal Association on 40
successful years of promoting the
paralegal profession
In just about every area of society therersquos nothing more important than ethics
Henry Paulson
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 28
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 29
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 30
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 31
Jason Bagley
Senior Territory Manager
(602) 559-4587
jasonbagleylexisnexiscom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 32
GENDER EQUALITY
The process of voir dire sometimes includes
subtle and not-so-subtle attempts at gender
stacking of jurors to prevent or create bias
toward a plaintiff Other demographic factors
may be more influential but gender is still
important though not necessarily in the way
one would suspect
The accompanying chart based on California New York and Texas cases reported to VerdictSearch depicts
plaintiffsrsquo winning percentages according to the plaintiffrsquos gender and the juryrsquos composition Bias is evident
but it is not dependent on the plaintiffrsquos gender
Any plaintiffrsquos winning percentage is substantially greater when his or her case is heard by a female-
dominated jury rather than a male-dominated jury or a gender-neutral jury The takeaway All other factors
being equal plaintiffs are best served by female jurors The equation flips when it comes to awarding
damages but thatrsquos a topic for another study
Thank you to Verdict Search for this analysis To learn more about VerdictSearch visit
wwwVerdictSearchcom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 33
Vol 13 No 8 August 2017
Fees Increase in One Week
Most filing and service fees will increase on Wednesday August 9 2017 Documents submitted for filing that are received by the Clerks office (file counter by mail or through a filing depository box) on or before August 8 will be subject to the current fees Documents received for filing on and after August 9 will be subject to the new fees Fees are posted on the Clerkrsquos website at httpwwwclerkofcourtmaricopagovfeesasp
Appeal and Cost Bond Info Online
Court rules statutes court orders or other authorities may require posting appeal or cost bonds with the Clerks Office Depending on the type of issue the parties the complexity of the case and other factors years can pass between the bond posting date and resolution of related issues During that time parties attorneys and the courts may overlook issuing a court order releasing the money The Clerks Office holds the funds until a court order directs the Clerk specifically what to do with those funds The Clerkrsquos Office has now posted lists online of bonds posted with the Clerks Office where the need for the bond may have ended and no court order was filed allowing the Clerk to return the money If you or your clients posted an appeal or cost bond in any case it is worth checking if funds are still on hold
Customers can search the online lists by party name or case number A party or their attorney must file a petition with the court requesting an order be issued directing the Clerk to release these funds The Clerks Office will only release money by court order and only as specifically directed in the order For more information about the deposit or release of these funds including specific information the Clerkrsquos Office needs before releasing money see the Clerkrsquos website at httpwwwclerkofcourtmaricopagovrelease_bondsasp The Clerks Office will only assist parties to a case or their attorneys Third-party vendors personal representatives and other non-parties must be named in a court order to obtain detailed information or to receive a payment check
Law Library Resource Center Filings Grow by Leaps and Bounds
Last year the Superior Court in Maricopa County renamed relocated and expanded its self-service center into the Law Library Resource Center (LLRC) The Clerkrsquos Office staffs a filing counter within the downtown Phoenix LLRC to allow customers a one-stop-shop for research drafting and filing court documents Filings within the LLRC have gone up every month since its establishment In January 2017 the file counter handled 406 transactions and nearly doubled that volume by the end of March 2017 with 802 transactions In June the file counter processed more than 1000 transactions Clerk staff at this window can process fee deferral applications adding to customersrsquo onsite convenience For more information about the LLRCrsquos services locations and other details see the Superior Courtrsquos website at httpswwwsuperiorcourtmaricopagovSuperiorCourtLawLibraryResourceCenter
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 34
THANK YOU
Our Charity Raffle Prize Drawing for this beautiful quilt donated by the Emmanuel Lutheran Quilters of Prescott Valley Arizona raised $350
All proceeds have been provided to Feed Hungry Children Program in Prescott Valley Arizona
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 35
Paralegal robot reviews patent documents There is a new software RoboReview that helps patent
lawyers draft applications that are more likely to pass muster with the USPTO It automates paralegal
work bringing more rigor to the task of researching prior art and potentially saving thousands of dollars
on a filing Typically this review is done by humans doing multiple searches To read more visit the
ABA Journal httpwwwabajournalcomnewsarticlepatent_document_robot_legal_review
Paralegal cries after being charged with stealing $12 million from law firm The paralegal was an
office manager for a law firm in downtown Toledo where prosecutors allege she embezzles money from
the firm and from the trust account of a disabled client between 2008 and September 2015 The suit
claims that the paralegal forged signatures and falsified bookkeeping software and other records to steal
from the firm The paralegal cried throughout the bond hearing She has been fired To read more about
this case visit httpwwwtoledobladecomCourts20170712Bond-set-at-100K-for-office-manager-
charged-with-embezzling-1-2Mhtml
Paralegal re-appointed to Florida Bar Section Priscilla Horn Warren a nationally and Florida
certified paralegal will continue to serve on the States Solo and Small Firm Section as their paralegal
representative for 2017-2018 term Warren has continuously served as paralegal liaison with the section
since 1995
Law Firm not liable for paralegal mistake on $15 bn loan A New York Judge found that the firm did
not owe a duty of case to third parties The paralegal had accidentally cancelled the security interest of a
$15 billion loan to General Motors The firm did not represent the lenders and as such did not owe a duty
to third parties JP Morgan Chase acted as lenders and its lawyers also missed the mistake The mistake
was only noticed when GM filed for bankruptcy protection in 2009 To read more visit
httpwwwgloballegalpostcombig-storiesmayer-brown-not-liable-for-paralegal-mistake-on-$15-bn-
loan-73921531
Lawyer and paralegal arrested after being found with meth pipes and other drug paraphernalia
The attorney claimed that the equipment didnt belong to him (my paralegal did it defense) To read
more visit httpwwwarkansasmatterscomnewslocal-newsconway-lawyer-and-paralegal-arrested-on-
drug-possession769588833
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 36
DIAMOND SPONSORS
National Health Finance
ABI Document Support Services
RUBY SPONSORS
Nationwide Legal Inc
Vocational Diagnostics Inc
EMERALD SPONSORS
MBA Legal Transcription
First Legal Network
LexisNexis
Coash amp Coash
Robert E ldquoBobrdquo Underdown The Insurance Archaeologist
Jones Skelton amp Hochuli
THANK YOU TO OUR SPONSORS AT OUR ANNUAL LEGAL CONFERENCE AND 40TH ANNIVERSARY CELEBRATION
Thank you to the individuals and businesses that support the Arizona Paralegal
Association in our efforts to promote and educate the paralegal community by
becoming Legal Seminar Sponsors The assistance of our sponsors has been vital in
bringing educational programs to paralegals across Arizona This Legal Seminar would
not be possible without the help of the sponsors and we hope you will join us in
PEARL SPONSORS
Compex Legal Services Inc
Kathy Hanchette Premier Designs
Robson Forensic
Parasec
Iron Mountain
Litigation Services
Fronteo
The Morton Group
Integrated Medical Evaluations Inc
Elite Medical Experts
Lynn Tofaute Yanbal Jewelry
Griffin amp Associates
Discovia
Woolston amp Tarter PC
Ottmar amp Associates
Ballard Spahr LLP
DTI Global
Thank you to these Northern Arizona sponsors who have generously donated
prizes for the Arizona Paralegal Association drawing
Murphyrsquos Restaurant Prescott Arizona
Susanne Chacon Scentsy 9287108777
Yavapai Title 9284452528
Mangum Pearce Court Reporting 9284451909
Prescott Law group PLC 9284451909
Emmanuel Lutheran Quilters Prescott Valley
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 37
Congratulations to the Arizona Paralegal Association on 40 years
1 East Washington St Suite 2300
Phoenix AZ 85004
602798-5400
wwwballardspahrcom
6024851488
wwwOtmarAssoccom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 38
APA MEMBER JOB BANK
DONrsquoT FORGET TO CHECK OUR ONLINE
JOB BANK FOR UP-TO-DATE JOB LISTINGS
at httpwwwazparalegalorgjobbank
[In order to view the online Job Bank you must login
to our new website (using your email and password)
If you experience any difficulty logging in please
contact membershipazparalegalorg for assistance]
PARALEGAL - BANKRUPTCY LITIGATION
Position Overview
Under the supervision of one or more lawyer(s) the
Paralegal assists in the delivery of quality efficient
and accessible legal services in the bankruptcy real
estate corporate andor commercial litigation practice
groups
Responsibilities
Draft routine pleadings statements affidavits
andor other legal documentation as appropriate at
the specific direction of attorneys
Prepare initial drafts of legal documents for
bankruptcy proceedings including case captions
and simple pleadings such as claim forms requests
for notice or judicial notice etc
Arrange Court Call appearances communicates
and cooperates with Court clerks on filings and
appearance requirements and interacts with Court
personnel as necessary to serve client needs
Prepare initial drafts of fee applications when
representing estate professionals and oversecured
creditors in bankruptcy cases and in connection
with fee awards in other litigation contexts
including exhibits and declarations in support
Compile documents in connection with appeals
including designations and indexes of the record
district court elections and requests for transcripts
Draft notices of appearance substitutions of
counsel documents pro hac vice applications and
corporate ownership statements
Assist with discovery-related filings including
Bankruptcy Rule 2004 examination applications
notices and orders subpoenas and notice of
servicecompliance
Manage non-judicial trustees sale process
including security instrument review public
record filing review notice drafting service
completion bid compilation sale procedures
communications with interested parties deed upon
sale drafting and all necessary public recording
and filing
Perform ECF filings and review local rules for
pleading forms notice and service requirements
Fulfill duties to deliver court copies courtesy
copies lodged order uploads in pdf or Word and
complies with all local rule requirements
Organize index and track large numbers of
documents including development of information
(Continued on page 39)
DO YOU KNOW OF A PARALEGAL POSITION AT YOUR PLACE OF EMPLOYMENT
If so advise your employer that the APA offers ad space for paralegal jobs to employers free of charge To place a job bank ad or for information on a job send an e-mail to Betsy Wolf at jobbankazparalegalorg
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 39
APA MEMBER JOB BANK
retrieval systems performs all case management
functions
Perform calendaring or docketing of information
as needed
Research and obtain information from various
courts administrative bodies public information
sources etc
Performs electronic research using PACER court
websites Westlaw and Lexis in addition to
Shepardizing and Bluebooking citations
Coordinate efforts with trials and hearings such as
taking notes handling exhibits organizing and
gathering factual information etc
Attend trials or client meetings as needed inside
and outside the office that require face-to-face
contact
Coordinate vendors in conjunction with a project
such as court reporters process servers copy
vendors etc
Track time in DTE and assures that services
provided are properly charged to the client
Track expenses for travel client meetings and
court appearances
Essential Job SpecificationsQualifications
Familiarity with pleading notice and service rules
triggered in Chapter 7 and 11 Bankruptcy Courts
Familiarity with Uniform Commercial Code
enforcement process and procedures
Familiarity with basic corporate formation
practices and procedures
Ability to perform ECF filings
Excellent computer skills including Word Excel
PowerPoint and database applications
Ability to deal professionally with all levels of
clients both internally and externally
Proven ability to solve problems work
independently and tackle projects with minimal
supervision
Ability to be flexible meet deadlines handle
pressure and adapt to changing work priorities
work flow and work assignments
Ability to effectively and respectfully
communicate verbally and in writing with other
staff lawyers management and clients
Ability to organize a large amount of data and files
into an efficient system (both electronic and
hardcopy) for easy filing and retrieval
Ability to maintain confidences as well as build
confidences and trust
Ability to pay close attention to detail
Ability to work overtime up to 10 or more hours
per week
Ability to work off-site at client location(s) for
extended periods of time
Requires the ability to regularly report to work on
the days and times scheduled or alternatively to
work flex hours depending on lawyer and client
needs
Physical Demands
Ability to work in a typical office environment and
lift up to 25 lbs NOTE Reasonable
accommodations may be made to enable
individuals with disabilities to perform the
essential functions
Travel
Ability to travel locally
EducationExperienceCertifications
Bachelors Degree andor Paralegal Certificate
Minimum of two years experience with
bankruptcy and litigation practice(s) at a law firm
Disclaimer
The above statements are intended to describe the
general nature and level of work being performed by
the incumbent in the position They are not intended
to be an exhaustive list of all responsibilities duties
and skills of the employee Duties and responsibilities
may change at any time with or without notice
(Job Bank hellip Continued from page 38)
(Continued on page 40)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 40
How to Apply Please send resume to
lisaspannbryancavecom
Equal Opportunity Employer
LITIGATION PARALEGAL - INSURANCE
DEFENSE
Jones Skelton amp Hochuli is seeking an ambitious
paralegal with 5+ years of experience in general civil
litigation and experience in State and Federal courts
The ideal candidate will have a stable work history
and exceptional communication and organizational
skills We offer a competitive salary and benefits
package and a team-oriented working environment
Please email your resume to Recruitingjshfirmcom
AAEOE
EXPERIENCED LITIGATION PARALEGAL
Dickinson Wright PLLC (Phoenix office) is in need of
a litigation paralegal
Requires a minimum of three yearsrsquo recent experience
in Arizona law
Job Description
Organize and synthesize information through the
preparation of summaries chronologies reports
spreadsheets
Draft and review routine legal documents (eg
privilege logs exhibit lists discovery disclosures
etc)
Assist attorneys on cases by providing
computerized support to help them plan organize
research analyze argue and present their cases in
a more cost and time efficient manner
Provide the day-to-day support of data
management
Assist attorney in trial preparation and set-up of
electronic equipment in the courtroom provides
court assistance as required
Assist with managing cases projects on various
levels and at various stages of the litigation
process
Candidates must have excellent communication skills
for contacting clients experts and other outside
parties have knowledge of state and federal court
rules procedures and e-filing requirements drafting
be self-motivated a team player proficient in MW
Word Outlook 2010 and a working knowledge of
document management systems Relativity and Trial
Director experience is a must
EducationalExperience requirements
Paralegal certificate from ABA school or
certification
We offer a competitive salary and benefits package
and an outstanding work environment All candidates
must submit a cover letter resume and salary history
Please email resumes to
LMandellDickinsonwrightcom
EXPERIENCED FAMILY LAW PARALEGAL
Cantor Law Group an AV-rated six-attorney family
law firm located in downtown Phoenix seeks a sharp
paralegal with at least two years of recent Arizona
family law experience In this position you will work
closely with an associate attorney to manage a case
load of 40+ cases covering a wide range of domestic
relations issues Experience with high-asset andor
DCS cases is a plus Must be a strong writer able to
draft pleadings and correspondence Exceptional
people skills are needed as there is a great deal of
client contact
An attractive compensation and benefits package is
available for the right candidate In addition to a
competitive salary and bonus opportunities we offer
an outstanding benefits package including ten paid
(Job Bank hellip Continued from page 39)
(Continued on page 41)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 41
holidays per year ten days paid vacation days yearly
five days personal paid time off yearly as well as the
availability of medical dental vision and life
insurance A 401K with a very generous employer
match is offered after one year
Requirements
2 years recent Arizona family law experience
Proactive able to handle and direct caseload with
minimal supervision
Attention to detail and excellent follow-up
Excellent analytical capabilities amp writing skills
able to draft substantive motions for attorney
review
Work well as a member of a fast-paced team
Professional appearance demeanor and attitude
Great client relations skills
Excellent computer skills including proficiency in
MS Word and other MS Office applications
Paralegal certification preferred (not required)
Knowledge of Time Matters or other case
management software a plus
Please send resumes to hrdmcantorcom
EXPERIENCED CRIMINAL DEFENSE
PARALEGAL
The Law Offices of David Michael Cantor an AV
rated criminal defense firm in Downtown Phoenix is
seeking an experienced paralegal with felony amp
misdemeanor experience to work closely with our
attorneys Our practice includes the full spectrum of
criminal charges and you will have the opportunity to
work on cases involving drug charges violent crime
sex offenses white collar crime property crime and
DUIs
The job
Proactively manage a substantial caseload without
direct supervision
Prepare and file pleadings according to attorney
instructions
Prepare trial notebooks and handle all trial prep
work
Create high quality correspondence and other
documents with little to no supervision
Maintain professional relationships with law
enforcement and prosecutors
Provide excellent customer service for our clients
Support 1-2 attorneys
We offer
Competitive compensation
Outstanding benefits including medical dental
vision lifeADampD coverage
401K with generous employer match
Paid vacation and sick time
Ten paid holidays per year
You
2+ years of private Arizona defense experience
handling both misdemeanor and felony charges
Familiar with Arizona courts and MVD
Proactive ndash needs little supervision
Great follow-up skills and attention to detail
Excellent writing skills
Professional appearance and behavior
MS Word and other MS Office applications
Keyboard speed 50+ wpm
Reliable
Enjoy being a member of a friendly team of
professionals
Experience with Abacus or other case
management software desirable
Please send resumes to hrdmcantorcom
PARALEGAL
Sentry Insurance is looking for a Paralegal to provide
litigation and administrative support to our Staff
(Job Bank hellip Continued from page 40)
(Continued on page 42)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 42
Counsel operation If you are looking for a career
with great potential choose the company with the
strength and stability to offer it all
What Yoursquoll Do
As the Paralegal yoursquoll assist the attorney staff by
performing legal activities which do not require
attorney signature client advise or appearances in
court In addition yoursquoll
Assist in the preparation of responses to discovery
under direct supervision of an attorney
Perform factual investigations and document
searches
Obtain investigative materials and policy
information
Contact insureds and other witnesses to obtain
factual statements
Coordinate scheduling of litigation activities and
witness appearances
What it Takes
Associate Degree or equivalent work experience
2-5 years of related work experience at least one
year in litigation practice
American Bar Association-Certified Paralegal
Training
Advanced knowledge of case management and
knowledge of and ability to perform legal
research
Experience with resources such as Westlaw and
Lexis
Strong analytical ability and knowledge of
litigation processes
Strong organizational and communication skills
Ability to maintain confidentiality
Strong working knowledge of the Internet
PowerPoint Excel and Word and familiarity with
legal case management software (ProLaw Clio
etc)
Ability to work independently and in multi-
jurisdictional venues
Must be able to meet travel requirements of the
job
What Yoursquoll Receive
We offer an outstanding array of benefits for our
associates including
Competitive Compensation
Group Medical Dental Vision and Life benefits
Generous Paid-Time Off - including Company
Holidays
401k plan with a dollar-for-dollar match on your
first six percent ndash immediate vesting
Access to more than 100 certification designation
and licensing courses
Career advancement opportunities
Why Sentry Insurance
Sentry employees have been helping individuals and
businesses build and protect their futures since 1904
Because of the trust placed in us Sentry is one of the
largest and strongest mutual insurance companies in
the United States and is rated A+ by AM Best the
industrys leading rating authority Sentry offers a full
line of property casualty and life insurance products
to protect businesses cars homes lives and retirement
incomes
So make the right choice - with great potential for
growth an outstanding 401(k) program and a schedule
that offers you a balance between your work and life
choose the company with the strength and stability to
offer it all Choose Sentry Insurance Sentry
Insurance is an Equal Opportunity Employer Apply
online at httpsjobssentrycomsearch119871
FULL-TIME LEGAL SECRETARY ASSISTANT
Mid-sized law office is seeking a self-motivated and
highly organized legal secretary with a minimum of 5
years of experience supporting 2 or more attorneys
Position will support multiple attorneys with case
management assistance calendaring state and federal
court filings formatting correspondence and
(Job Bank hellip Continued from page 41)
(Continued on page 43)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 43
pleadings copying mailing and other clerical duties
Optimal candidate will be able to accept and
implement directives maintain focus in hectic
environment keep attorneys informed of progress at
regular intervals and prioritize multiple projects
Working knowledge of MS Word amp Excel required
Associatersquos degree and background in litigation andor
insurance preferred EEOC Please email reacutesumeacute and
cover letter with salary requirements to
admincdslawfirmcom
EXPERIENCED PLAINTIFFS PERSONAL
INJURY LEGAL ASSISTANT
Small growing fast-paced Central Phoenix Personal
Injury Law Firm seeking full-time Legal Assistant to
join our team
Candidate must have excellent skills and 5 years
experience in a Plaintiffs Personal Injury Law Firm
with an ability to perform in a fast paced environment
Bi-lingual (SpanishEnglish) preferred but not
required Position involves significant interaction with
clients and requires attention to detail Good
organizational skills with a strong work ethic are
essential as is the ability to multi-task
Responsibilities include handling a large pre-litigation
caseload interfacing with attorneys and legal
assistants Must be proficient with MS Word Outlook
and Needles Case Management (preferred but not
necessary) Salary is competitive and DOE
Qualified candidates should e-mail resume with a
cover letter detailing their skills employment history
and salary requirements to
acoronadoblakefirmcom
(Job Bank hellip Continued from page 42)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 44
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
NALA Campus LIVE - Live web seminars are offered in two sessions each year FebruarymdashMay and AugustmdashNovember Each ses-sion features about 30 on-line seminars The audio files and handout material are copyrighted by NALA and the authors They are for personal use only Duplication of any of the material or any commercial use is strictly prohibited
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics httpswwwnalaorgcontinuing-educationwebinars NALA Campus LIVE - Live web semi-nars are offered in two sessions each year FebruarymdashMay and AugustmdashNovember Each session features about 30 on-line seminars The audio files and handout material are copy-righted by NALA and the authors They are for personal use only Dupli-cation of any of the material or any commercial use is strictly prohibited
82217 Music Law and Intellectual Property Rights
82417 So the Plaintiffrsquos on Medicare
82017 The ABCrsquos of Special Education
In addition to the Live Webinars NALA has On-Demand Webinar Courses available httpswwwnalaorgcontinuing-educationon-demand-webinar NALA also has a wide variety of available Self-Study courses as well as the Live Webinars You can access the Self-Study courses here httpswwwnalaorgcontinuing-educationself-study Many of these courses are recommended for preparing for the CP exam
NATIONAL BUSINESS INSTITUTE
wwwnbi-semscom
Live Video Webcasts
httpwwwnbi-semscomDefaultaspxVideo-WebcastsNavigationDataSource1=N63782
OnDemand amp Downloads
httpwwwnbi-semscomContentaspxst=ArizonaampNavigationDataSource1=N63932-63947
8817 Probate Boot Camp
8917 Real Estate Title and Conveyance Handling the Top
Issues
8917 Marijuana Business Legal Considerations
81417 Legal Descriptions Title Insurance and Surveys in Real
Estate Transactions
81517 Advanced Custody and Support Issues
81617 Personal Injury Trials 101
82117 Trusts from Start to Finish
82217 How to Get Your Clients Paid Debt Collection 101
82317 Bankruptcy The Ultimate Guide to Chapter 7 and 13
82817 Conflicts of Interest A Practical Legal Ethics Guide
82917 Using LLCs to Protect Assets
83017 Complex Social Security Law Issues
83017 Dealing With Problem Employees A Legal Response
Guide
And many morehellip
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 45
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
Lorman Live Webinars wwwlormancom You can find many more seminars listed at httpwwwlormancomlive-webinar
ON DEMAND WEBINARS
There are many OnDemand Webinars to choose from also
httpwwwlormancomondemand
8317 Electronic Record Retention Mistakes HR
Professionals Can Avoid
8317 HUD Section 3 Compliance Tips for Governments
8417 Paralegals Guide to Unauthorized Practice of Law
8817 Protecting High-Risk Clientsrsquo Assets Against lawsuits
8817 Tips and Tricks to Improve Your Telephone Attitude
8917 Rules and Guidelines When Dealing With Statute of
Limitations
8917 Utilizing Formulas in Microsoft Excel
81017 Early Retirement Incentives Navigating the Legal
Issues
And many more
Maricopa County Bar Association CLE CALENDAR
httpmcbasite-ymcomeventsevent_listasp
LEXIS NEXIS Paralegal Community
has some good information as well
Check it out at httplawlexisnexiscomcommunityportalarticlesdefaultaspxg=QfsTyLJ1USs=ampc=EZggD7hDKLw=
Arizona Bar Association wwwazbarorgCLE
OnDemand CLE
httpsazbarinreachcecomSearchmediaType=494a95bb-1e05-4c5b-a25f-36ad84bd4c39
82217 State Bar of Arizona Course on Professionalism
82317 Steering Clear of Malpractice Road Bumps
82417 Traffic Offenses
82517 Probate Rule 10(E)(2) Subsequent Training for Court-
Appointed Counsel
83017 A Survey of Family Law
And many more
ALA-ABI wwwali-abaorg
The ALI-ABA site has excellent online CLE courses forms printed books MP3 CDROMs CLE DVDs CLE MP3 Downloads CLE Court Materials and Course Papers
81017 Powers of Attorney Latest Legal Developments
81717 Creating and Maintaining a Paperless Practice
Improve Workflow Increase Efficiency
82317 Hot Topics in Legal Ethics
And many more
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 46
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
Organization for Legal Professionals wwwtheolporgeducation
Online Courses
Litigation Support Project Management
Paralegal Management Certificate Program
Project Management in Electronic Discovery
Computer Technology Skills for Paralegals
Legal amp EDiscovery Project Management Course
Institute of Paralegal Education httpipenbi-semscomContentaspxNavigationDataSource1=N63943 Webcasts amp Webinars httpipenbi-semscomContentaspxNavigationDataSource1=Rpp20NspEventDateSort7c1017c17cN63944-4294952056
Webcasts amp Webinars
8217 Medical records Made Easy for Paralegals
8817 Case Management for Paralegals Managing
Documents Files Calendars and Tasks
81717 A Paralegalrsquos Guide to Divorce Cases
82217 The Paralegalrsquos Guide to Probate
82317 Construction Law 101 for Paralegals
82417 Corporate Minute Books A How-To Guide for
Paralegals
82917 Smartphone Apps and Tricks for Paralegals
83017 Managing the Discovery Process A Paralegalrsquos Guide
91217 Paralegalrsquos Guide to Legal Research and Citation
Management
National Constitution Center wwwconstitutionconferencescom
8817 Legal and binding E-Contracts What Works in a Digital World
82117 Retaliation Claims Protect Clients from EEOC Charges amp Private Suits
West Legal Education wwwwestlegaledcentercom
If you know of any other sources for CLE and would like listings to be placed in this
publication please email Newsletterazparalegalorg
- Front Cover
- Table of Contents
- Board of Directors
- APA Announcements
- APA Member News
- 10 Employer Considerations in Light of Arizonas New Paid Sick Time
- Paralegals strike out on firing claims
- Wearable technology Counting the steps to a defense verdict
- August Webinar
- To Lay or Lie
- Sticky Business Etiquette Questions amp Answers
- September Webinar
- Tucson Paralegal Associations 38th Annual Seminar
- The Verdict
- The Brief
- NewBytes
- APA Job Bank
- Got CLE
-
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 24
any time and you might not be aware of the changes
when they occur Always assume that anything you
post online may become public
Should I use Facebook at work
Maybe if its for work-related purposes and not just
keeping your friends updated on your weekend
activities Then again maybe not Thirty-eight percent
of chief information officers interviewed by Robert
Half have implemented stricter social networking
policies as these tools have become more prevalent in
the workplace If youre not sure what rules your firm
has in place check with your manager or human
resources representative Your best bet is your own
good judgment Just as you would expect to restrict
personal phone calls or conversation at work you
should limit personal use of social networking
platforms too
Whats the right way to decline a request to
connect with someone
While an automated No thank you could make our
lives easier no response at all might be your best bet
Dont feel pressured to connect with someone you
would rather not form a relationship with and dont
feel the need to explain your decision If you expect
you might run into the individual in person be
prepared in case you are confronted about it Simply
click Ignore especially if the person is a stranger
If someone follows me on Twitter should I
automatically follow him or her back
No because you may end up unfollowing the person
later Before following people check out their feed
bio and previous tweets to get a sense of them or their
organization and determine if youll be interested in
seeing the kind of content they share Although its
considered good etiquette to follow someone back
dont do it indiscriminately Its your feed and you
want to make it valuable to you
Emails and Conference Calls
Uh oh I sent a confidential email to the wrong
person What do I do now
Its not a lost cause and there are a few steps you can
take First try to use the recall function of your email
program But keep in mind that not all applications
offer this option and various factors can affect how
successful it is If this step doesnt solve the problem
you need to limit the impact of your mistake Contact
those who are affected the recipient and possibly the
person to whom you intended to send the message
Explain your error and if you need their help
correcting it You also may need to inform your
manager of the mistake
How responsive should I be to e-mail when Im on
vacation
It depends on whether you want to have a real
vacation If your Out of Office says youre not
checking e-mail on vacation dont check and respond
to messages Doing so changes expectations and
implies youre more accessible than you said youd be
Instead be considerate to others needs while you are
out and list a back-up contact in your Out of Office
auto response
I forgot to attach a file before sending an emailhellip
again How can I avoid this in the future
Slow down Everyone forgets to attach a file from
time to time because theyre in a rush But repeatedly
making this mistake can cause your colleagues to
question your attention to detail Going forward try
attaching your file before you compose your message
This way you can be sure it makes it to the recipient
Just make sure you attach the right file
How can I prevent my colleagues from scheduling
conference calls over lunch
Everyone should have a chance to eat lunch Often
people simply look for an open spot on others
calendars when scheduling a meeting So you might
consider blocking out your lunch hour to ensure you
have time to grab a bite to eat Although it may be
unavoidable to meet during this time on occasion you
might find that this simple step helps you out
Thanks to Robert Half for this information To learn more about
Robert Half visit wwwroberthalfcom
(Sticky Business hellip Continued from page 23)
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 25
3150 N 24th Street
Suite D-104
Phoenix AZ 85016
6022569700
The Nationwide Legal LLC team provides a
broad spectrum of comprehensive legal support
services at an unparalleled level of quality NWL
utilizes state-of-the-art technology to deliver
practical and cost-effective solutions for all of
your legal support service needs wwwNationwideASAPcom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 26
BILLING
BLUNDERS AND
FEE AGREEMENT
ESSENTIALS Speaker
Lynda C Shely
Esq
Ethics Lawyer
Speaker
Consultant
APA WEBINAR
Wednesday September 13 2017
1200-100 pm
COST APA Members $25 (or use your free 2017 webinar coupon) All others $30
This webinar qualifies for 1 hour Ethics CLE credit
Lynda C Shely of The Shely Firm PC Scottsdale Arizona provides ethics advice to over 1500 law firms in Arizona and the
District of Columbia on a variety of topics including conflicts of interest fees and billing trust account procedures lawyer
transitions multi-jurisdictional practice ancillary businesses and ethics requirements for law firm advertisingmarketing She also
assists lawyers in responding to initial Bar charges performs law office risk management reviews and trains law firm staff in
ethics requirements Lynda serves as an expert witness and frequently presents continuing legal education programs around the
country Prior to opening her own firm she was the Director of Lawyer Ethics for the State Bar of Arizona Prior to moving to
Arizona Prior to moving to Arizona Lynda was an intellectual propertyantitrust associate with Morgan Lewis amp Bockius in
Washington DC Lynda received her BA from Franklin amp Marshall College in Lancaster PA and her JD from Catholic
University in Washington DC
Lynda was the 2015-2016 President of the Association of Professional Responsibility Lawyers She serves on several State Bar of
Arizona Committees and as a liaison to the ABA Standing Committee on Ethics and Professional Responsibility She is an
Arizona Delegate in the ABA House of Delegates Lynda has received several awards for her contributions to the legal profession
including the 2007 State Bar of Arizona Member of the Year award the Scottsdale Bar Associationrsquos 2010 Award of Excellence
and the 2015 AWLA Maricopa Chapter Ruth V McGregor award She is a prior chair of the ABA Standing Committee on
Client Protection and a past member of the ABArsquos Professionalism Committee and Center for Professional Responsibility
Conference Planning Committee Lynda was the 2008-2009 President of the Scottsdale Bar Association She has been an adjunct
professor at all three Arizona law schools teaching professional responsibility
LAST DAY TO REGISTER FRIDAY September 8 2017 at 500 PM
Click Here to Register httpazparalegalorgevent-2588123
Ethical and practical considerations for all firms ndash even those that think they do not need to
track hourly time Lynda will review what clauses are mandatory for all fee agreements in Ar-
izona as well as clauses that will help with client communications and expectations Billing
tips will go over the five things to never do in a time entry why block billing is prohibited in
Arizona how to get paid faster and common mistakes made in client invoices
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 27
WOOLSTON amp TARTER PC AUDIT DEFENSE amp TAX LITIGATION
Congratulations to the Arizona
Paralegal Association on 40
successful years of promoting the
paralegal profession
In just about every area of society therersquos nothing more important than ethics
Henry Paulson
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 28
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 29
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 30
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 31
Jason Bagley
Senior Territory Manager
(602) 559-4587
jasonbagleylexisnexiscom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 32
GENDER EQUALITY
The process of voir dire sometimes includes
subtle and not-so-subtle attempts at gender
stacking of jurors to prevent or create bias
toward a plaintiff Other demographic factors
may be more influential but gender is still
important though not necessarily in the way
one would suspect
The accompanying chart based on California New York and Texas cases reported to VerdictSearch depicts
plaintiffsrsquo winning percentages according to the plaintiffrsquos gender and the juryrsquos composition Bias is evident
but it is not dependent on the plaintiffrsquos gender
Any plaintiffrsquos winning percentage is substantially greater when his or her case is heard by a female-
dominated jury rather than a male-dominated jury or a gender-neutral jury The takeaway All other factors
being equal plaintiffs are best served by female jurors The equation flips when it comes to awarding
damages but thatrsquos a topic for another study
Thank you to Verdict Search for this analysis To learn more about VerdictSearch visit
wwwVerdictSearchcom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 33
Vol 13 No 8 August 2017
Fees Increase in One Week
Most filing and service fees will increase on Wednesday August 9 2017 Documents submitted for filing that are received by the Clerks office (file counter by mail or through a filing depository box) on or before August 8 will be subject to the current fees Documents received for filing on and after August 9 will be subject to the new fees Fees are posted on the Clerkrsquos website at httpwwwclerkofcourtmaricopagovfeesasp
Appeal and Cost Bond Info Online
Court rules statutes court orders or other authorities may require posting appeal or cost bonds with the Clerks Office Depending on the type of issue the parties the complexity of the case and other factors years can pass between the bond posting date and resolution of related issues During that time parties attorneys and the courts may overlook issuing a court order releasing the money The Clerks Office holds the funds until a court order directs the Clerk specifically what to do with those funds The Clerkrsquos Office has now posted lists online of bonds posted with the Clerks Office where the need for the bond may have ended and no court order was filed allowing the Clerk to return the money If you or your clients posted an appeal or cost bond in any case it is worth checking if funds are still on hold
Customers can search the online lists by party name or case number A party or their attorney must file a petition with the court requesting an order be issued directing the Clerk to release these funds The Clerks Office will only release money by court order and only as specifically directed in the order For more information about the deposit or release of these funds including specific information the Clerkrsquos Office needs before releasing money see the Clerkrsquos website at httpwwwclerkofcourtmaricopagovrelease_bondsasp The Clerks Office will only assist parties to a case or their attorneys Third-party vendors personal representatives and other non-parties must be named in a court order to obtain detailed information or to receive a payment check
Law Library Resource Center Filings Grow by Leaps and Bounds
Last year the Superior Court in Maricopa County renamed relocated and expanded its self-service center into the Law Library Resource Center (LLRC) The Clerkrsquos Office staffs a filing counter within the downtown Phoenix LLRC to allow customers a one-stop-shop for research drafting and filing court documents Filings within the LLRC have gone up every month since its establishment In January 2017 the file counter handled 406 transactions and nearly doubled that volume by the end of March 2017 with 802 transactions In June the file counter processed more than 1000 transactions Clerk staff at this window can process fee deferral applications adding to customersrsquo onsite convenience For more information about the LLRCrsquos services locations and other details see the Superior Courtrsquos website at httpswwwsuperiorcourtmaricopagovSuperiorCourtLawLibraryResourceCenter
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 34
THANK YOU
Our Charity Raffle Prize Drawing for this beautiful quilt donated by the Emmanuel Lutheran Quilters of Prescott Valley Arizona raised $350
All proceeds have been provided to Feed Hungry Children Program in Prescott Valley Arizona
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 35
Paralegal robot reviews patent documents There is a new software RoboReview that helps patent
lawyers draft applications that are more likely to pass muster with the USPTO It automates paralegal
work bringing more rigor to the task of researching prior art and potentially saving thousands of dollars
on a filing Typically this review is done by humans doing multiple searches To read more visit the
ABA Journal httpwwwabajournalcomnewsarticlepatent_document_robot_legal_review
Paralegal cries after being charged with stealing $12 million from law firm The paralegal was an
office manager for a law firm in downtown Toledo where prosecutors allege she embezzles money from
the firm and from the trust account of a disabled client between 2008 and September 2015 The suit
claims that the paralegal forged signatures and falsified bookkeeping software and other records to steal
from the firm The paralegal cried throughout the bond hearing She has been fired To read more about
this case visit httpwwwtoledobladecomCourts20170712Bond-set-at-100K-for-office-manager-
charged-with-embezzling-1-2Mhtml
Paralegal re-appointed to Florida Bar Section Priscilla Horn Warren a nationally and Florida
certified paralegal will continue to serve on the States Solo and Small Firm Section as their paralegal
representative for 2017-2018 term Warren has continuously served as paralegal liaison with the section
since 1995
Law Firm not liable for paralegal mistake on $15 bn loan A New York Judge found that the firm did
not owe a duty of case to third parties The paralegal had accidentally cancelled the security interest of a
$15 billion loan to General Motors The firm did not represent the lenders and as such did not owe a duty
to third parties JP Morgan Chase acted as lenders and its lawyers also missed the mistake The mistake
was only noticed when GM filed for bankruptcy protection in 2009 To read more visit
httpwwwgloballegalpostcombig-storiesmayer-brown-not-liable-for-paralegal-mistake-on-$15-bn-
loan-73921531
Lawyer and paralegal arrested after being found with meth pipes and other drug paraphernalia
The attorney claimed that the equipment didnt belong to him (my paralegal did it defense) To read
more visit httpwwwarkansasmatterscomnewslocal-newsconway-lawyer-and-paralegal-arrested-on-
drug-possession769588833
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 36
DIAMOND SPONSORS
National Health Finance
ABI Document Support Services
RUBY SPONSORS
Nationwide Legal Inc
Vocational Diagnostics Inc
EMERALD SPONSORS
MBA Legal Transcription
First Legal Network
LexisNexis
Coash amp Coash
Robert E ldquoBobrdquo Underdown The Insurance Archaeologist
Jones Skelton amp Hochuli
THANK YOU TO OUR SPONSORS AT OUR ANNUAL LEGAL CONFERENCE AND 40TH ANNIVERSARY CELEBRATION
Thank you to the individuals and businesses that support the Arizona Paralegal
Association in our efforts to promote and educate the paralegal community by
becoming Legal Seminar Sponsors The assistance of our sponsors has been vital in
bringing educational programs to paralegals across Arizona This Legal Seminar would
not be possible without the help of the sponsors and we hope you will join us in
PEARL SPONSORS
Compex Legal Services Inc
Kathy Hanchette Premier Designs
Robson Forensic
Parasec
Iron Mountain
Litigation Services
Fronteo
The Morton Group
Integrated Medical Evaluations Inc
Elite Medical Experts
Lynn Tofaute Yanbal Jewelry
Griffin amp Associates
Discovia
Woolston amp Tarter PC
Ottmar amp Associates
Ballard Spahr LLP
DTI Global
Thank you to these Northern Arizona sponsors who have generously donated
prizes for the Arizona Paralegal Association drawing
Murphyrsquos Restaurant Prescott Arizona
Susanne Chacon Scentsy 9287108777
Yavapai Title 9284452528
Mangum Pearce Court Reporting 9284451909
Prescott Law group PLC 9284451909
Emmanuel Lutheran Quilters Prescott Valley
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 37
Congratulations to the Arizona Paralegal Association on 40 years
1 East Washington St Suite 2300
Phoenix AZ 85004
602798-5400
wwwballardspahrcom
6024851488
wwwOtmarAssoccom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 38
APA MEMBER JOB BANK
DONrsquoT FORGET TO CHECK OUR ONLINE
JOB BANK FOR UP-TO-DATE JOB LISTINGS
at httpwwwazparalegalorgjobbank
[In order to view the online Job Bank you must login
to our new website (using your email and password)
If you experience any difficulty logging in please
contact membershipazparalegalorg for assistance]
PARALEGAL - BANKRUPTCY LITIGATION
Position Overview
Under the supervision of one or more lawyer(s) the
Paralegal assists in the delivery of quality efficient
and accessible legal services in the bankruptcy real
estate corporate andor commercial litigation practice
groups
Responsibilities
Draft routine pleadings statements affidavits
andor other legal documentation as appropriate at
the specific direction of attorneys
Prepare initial drafts of legal documents for
bankruptcy proceedings including case captions
and simple pleadings such as claim forms requests
for notice or judicial notice etc
Arrange Court Call appearances communicates
and cooperates with Court clerks on filings and
appearance requirements and interacts with Court
personnel as necessary to serve client needs
Prepare initial drafts of fee applications when
representing estate professionals and oversecured
creditors in bankruptcy cases and in connection
with fee awards in other litigation contexts
including exhibits and declarations in support
Compile documents in connection with appeals
including designations and indexes of the record
district court elections and requests for transcripts
Draft notices of appearance substitutions of
counsel documents pro hac vice applications and
corporate ownership statements
Assist with discovery-related filings including
Bankruptcy Rule 2004 examination applications
notices and orders subpoenas and notice of
servicecompliance
Manage non-judicial trustees sale process
including security instrument review public
record filing review notice drafting service
completion bid compilation sale procedures
communications with interested parties deed upon
sale drafting and all necessary public recording
and filing
Perform ECF filings and review local rules for
pleading forms notice and service requirements
Fulfill duties to deliver court copies courtesy
copies lodged order uploads in pdf or Word and
complies with all local rule requirements
Organize index and track large numbers of
documents including development of information
(Continued on page 39)
DO YOU KNOW OF A PARALEGAL POSITION AT YOUR PLACE OF EMPLOYMENT
If so advise your employer that the APA offers ad space for paralegal jobs to employers free of charge To place a job bank ad or for information on a job send an e-mail to Betsy Wolf at jobbankazparalegalorg
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 39
APA MEMBER JOB BANK
retrieval systems performs all case management
functions
Perform calendaring or docketing of information
as needed
Research and obtain information from various
courts administrative bodies public information
sources etc
Performs electronic research using PACER court
websites Westlaw and Lexis in addition to
Shepardizing and Bluebooking citations
Coordinate efforts with trials and hearings such as
taking notes handling exhibits organizing and
gathering factual information etc
Attend trials or client meetings as needed inside
and outside the office that require face-to-face
contact
Coordinate vendors in conjunction with a project
such as court reporters process servers copy
vendors etc
Track time in DTE and assures that services
provided are properly charged to the client
Track expenses for travel client meetings and
court appearances
Essential Job SpecificationsQualifications
Familiarity with pleading notice and service rules
triggered in Chapter 7 and 11 Bankruptcy Courts
Familiarity with Uniform Commercial Code
enforcement process and procedures
Familiarity with basic corporate formation
practices and procedures
Ability to perform ECF filings
Excellent computer skills including Word Excel
PowerPoint and database applications
Ability to deal professionally with all levels of
clients both internally and externally
Proven ability to solve problems work
independently and tackle projects with minimal
supervision
Ability to be flexible meet deadlines handle
pressure and adapt to changing work priorities
work flow and work assignments
Ability to effectively and respectfully
communicate verbally and in writing with other
staff lawyers management and clients
Ability to organize a large amount of data and files
into an efficient system (both electronic and
hardcopy) for easy filing and retrieval
Ability to maintain confidences as well as build
confidences and trust
Ability to pay close attention to detail
Ability to work overtime up to 10 or more hours
per week
Ability to work off-site at client location(s) for
extended periods of time
Requires the ability to regularly report to work on
the days and times scheduled or alternatively to
work flex hours depending on lawyer and client
needs
Physical Demands
Ability to work in a typical office environment and
lift up to 25 lbs NOTE Reasonable
accommodations may be made to enable
individuals with disabilities to perform the
essential functions
Travel
Ability to travel locally
EducationExperienceCertifications
Bachelors Degree andor Paralegal Certificate
Minimum of two years experience with
bankruptcy and litigation practice(s) at a law firm
Disclaimer
The above statements are intended to describe the
general nature and level of work being performed by
the incumbent in the position They are not intended
to be an exhaustive list of all responsibilities duties
and skills of the employee Duties and responsibilities
may change at any time with or without notice
(Job Bank hellip Continued from page 38)
(Continued on page 40)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 40
How to Apply Please send resume to
lisaspannbryancavecom
Equal Opportunity Employer
LITIGATION PARALEGAL - INSURANCE
DEFENSE
Jones Skelton amp Hochuli is seeking an ambitious
paralegal with 5+ years of experience in general civil
litigation and experience in State and Federal courts
The ideal candidate will have a stable work history
and exceptional communication and organizational
skills We offer a competitive salary and benefits
package and a team-oriented working environment
Please email your resume to Recruitingjshfirmcom
AAEOE
EXPERIENCED LITIGATION PARALEGAL
Dickinson Wright PLLC (Phoenix office) is in need of
a litigation paralegal
Requires a minimum of three yearsrsquo recent experience
in Arizona law
Job Description
Organize and synthesize information through the
preparation of summaries chronologies reports
spreadsheets
Draft and review routine legal documents (eg
privilege logs exhibit lists discovery disclosures
etc)
Assist attorneys on cases by providing
computerized support to help them plan organize
research analyze argue and present their cases in
a more cost and time efficient manner
Provide the day-to-day support of data
management
Assist attorney in trial preparation and set-up of
electronic equipment in the courtroom provides
court assistance as required
Assist with managing cases projects on various
levels and at various stages of the litigation
process
Candidates must have excellent communication skills
for contacting clients experts and other outside
parties have knowledge of state and federal court
rules procedures and e-filing requirements drafting
be self-motivated a team player proficient in MW
Word Outlook 2010 and a working knowledge of
document management systems Relativity and Trial
Director experience is a must
EducationalExperience requirements
Paralegal certificate from ABA school or
certification
We offer a competitive salary and benefits package
and an outstanding work environment All candidates
must submit a cover letter resume and salary history
Please email resumes to
LMandellDickinsonwrightcom
EXPERIENCED FAMILY LAW PARALEGAL
Cantor Law Group an AV-rated six-attorney family
law firm located in downtown Phoenix seeks a sharp
paralegal with at least two years of recent Arizona
family law experience In this position you will work
closely with an associate attorney to manage a case
load of 40+ cases covering a wide range of domestic
relations issues Experience with high-asset andor
DCS cases is a plus Must be a strong writer able to
draft pleadings and correspondence Exceptional
people skills are needed as there is a great deal of
client contact
An attractive compensation and benefits package is
available for the right candidate In addition to a
competitive salary and bonus opportunities we offer
an outstanding benefits package including ten paid
(Job Bank hellip Continued from page 39)
(Continued on page 41)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 41
holidays per year ten days paid vacation days yearly
five days personal paid time off yearly as well as the
availability of medical dental vision and life
insurance A 401K with a very generous employer
match is offered after one year
Requirements
2 years recent Arizona family law experience
Proactive able to handle and direct caseload with
minimal supervision
Attention to detail and excellent follow-up
Excellent analytical capabilities amp writing skills
able to draft substantive motions for attorney
review
Work well as a member of a fast-paced team
Professional appearance demeanor and attitude
Great client relations skills
Excellent computer skills including proficiency in
MS Word and other MS Office applications
Paralegal certification preferred (not required)
Knowledge of Time Matters or other case
management software a plus
Please send resumes to hrdmcantorcom
EXPERIENCED CRIMINAL DEFENSE
PARALEGAL
The Law Offices of David Michael Cantor an AV
rated criminal defense firm in Downtown Phoenix is
seeking an experienced paralegal with felony amp
misdemeanor experience to work closely with our
attorneys Our practice includes the full spectrum of
criminal charges and you will have the opportunity to
work on cases involving drug charges violent crime
sex offenses white collar crime property crime and
DUIs
The job
Proactively manage a substantial caseload without
direct supervision
Prepare and file pleadings according to attorney
instructions
Prepare trial notebooks and handle all trial prep
work
Create high quality correspondence and other
documents with little to no supervision
Maintain professional relationships with law
enforcement and prosecutors
Provide excellent customer service for our clients
Support 1-2 attorneys
We offer
Competitive compensation
Outstanding benefits including medical dental
vision lifeADampD coverage
401K with generous employer match
Paid vacation and sick time
Ten paid holidays per year
You
2+ years of private Arizona defense experience
handling both misdemeanor and felony charges
Familiar with Arizona courts and MVD
Proactive ndash needs little supervision
Great follow-up skills and attention to detail
Excellent writing skills
Professional appearance and behavior
MS Word and other MS Office applications
Keyboard speed 50+ wpm
Reliable
Enjoy being a member of a friendly team of
professionals
Experience with Abacus or other case
management software desirable
Please send resumes to hrdmcantorcom
PARALEGAL
Sentry Insurance is looking for a Paralegal to provide
litigation and administrative support to our Staff
(Job Bank hellip Continued from page 40)
(Continued on page 42)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 42
Counsel operation If you are looking for a career
with great potential choose the company with the
strength and stability to offer it all
What Yoursquoll Do
As the Paralegal yoursquoll assist the attorney staff by
performing legal activities which do not require
attorney signature client advise or appearances in
court In addition yoursquoll
Assist in the preparation of responses to discovery
under direct supervision of an attorney
Perform factual investigations and document
searches
Obtain investigative materials and policy
information
Contact insureds and other witnesses to obtain
factual statements
Coordinate scheduling of litigation activities and
witness appearances
What it Takes
Associate Degree or equivalent work experience
2-5 years of related work experience at least one
year in litigation practice
American Bar Association-Certified Paralegal
Training
Advanced knowledge of case management and
knowledge of and ability to perform legal
research
Experience with resources such as Westlaw and
Lexis
Strong analytical ability and knowledge of
litigation processes
Strong organizational and communication skills
Ability to maintain confidentiality
Strong working knowledge of the Internet
PowerPoint Excel and Word and familiarity with
legal case management software (ProLaw Clio
etc)
Ability to work independently and in multi-
jurisdictional venues
Must be able to meet travel requirements of the
job
What Yoursquoll Receive
We offer an outstanding array of benefits for our
associates including
Competitive Compensation
Group Medical Dental Vision and Life benefits
Generous Paid-Time Off - including Company
Holidays
401k plan with a dollar-for-dollar match on your
first six percent ndash immediate vesting
Access to more than 100 certification designation
and licensing courses
Career advancement opportunities
Why Sentry Insurance
Sentry employees have been helping individuals and
businesses build and protect their futures since 1904
Because of the trust placed in us Sentry is one of the
largest and strongest mutual insurance companies in
the United States and is rated A+ by AM Best the
industrys leading rating authority Sentry offers a full
line of property casualty and life insurance products
to protect businesses cars homes lives and retirement
incomes
So make the right choice - with great potential for
growth an outstanding 401(k) program and a schedule
that offers you a balance between your work and life
choose the company with the strength and stability to
offer it all Choose Sentry Insurance Sentry
Insurance is an Equal Opportunity Employer Apply
online at httpsjobssentrycomsearch119871
FULL-TIME LEGAL SECRETARY ASSISTANT
Mid-sized law office is seeking a self-motivated and
highly organized legal secretary with a minimum of 5
years of experience supporting 2 or more attorneys
Position will support multiple attorneys with case
management assistance calendaring state and federal
court filings formatting correspondence and
(Job Bank hellip Continued from page 41)
(Continued on page 43)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 43
pleadings copying mailing and other clerical duties
Optimal candidate will be able to accept and
implement directives maintain focus in hectic
environment keep attorneys informed of progress at
regular intervals and prioritize multiple projects
Working knowledge of MS Word amp Excel required
Associatersquos degree and background in litigation andor
insurance preferred EEOC Please email reacutesumeacute and
cover letter with salary requirements to
admincdslawfirmcom
EXPERIENCED PLAINTIFFS PERSONAL
INJURY LEGAL ASSISTANT
Small growing fast-paced Central Phoenix Personal
Injury Law Firm seeking full-time Legal Assistant to
join our team
Candidate must have excellent skills and 5 years
experience in a Plaintiffs Personal Injury Law Firm
with an ability to perform in a fast paced environment
Bi-lingual (SpanishEnglish) preferred but not
required Position involves significant interaction with
clients and requires attention to detail Good
organizational skills with a strong work ethic are
essential as is the ability to multi-task
Responsibilities include handling a large pre-litigation
caseload interfacing with attorneys and legal
assistants Must be proficient with MS Word Outlook
and Needles Case Management (preferred but not
necessary) Salary is competitive and DOE
Qualified candidates should e-mail resume with a
cover letter detailing their skills employment history
and salary requirements to
acoronadoblakefirmcom
(Job Bank hellip Continued from page 42)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 44
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
NALA Campus LIVE - Live web seminars are offered in two sessions each year FebruarymdashMay and AugustmdashNovember Each ses-sion features about 30 on-line seminars The audio files and handout material are copyrighted by NALA and the authors They are for personal use only Duplication of any of the material or any commercial use is strictly prohibited
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics httpswwwnalaorgcontinuing-educationwebinars NALA Campus LIVE - Live web semi-nars are offered in two sessions each year FebruarymdashMay and AugustmdashNovember Each session features about 30 on-line seminars The audio files and handout material are copy-righted by NALA and the authors They are for personal use only Dupli-cation of any of the material or any commercial use is strictly prohibited
82217 Music Law and Intellectual Property Rights
82417 So the Plaintiffrsquos on Medicare
82017 The ABCrsquos of Special Education
In addition to the Live Webinars NALA has On-Demand Webinar Courses available httpswwwnalaorgcontinuing-educationon-demand-webinar NALA also has a wide variety of available Self-Study courses as well as the Live Webinars You can access the Self-Study courses here httpswwwnalaorgcontinuing-educationself-study Many of these courses are recommended for preparing for the CP exam
NATIONAL BUSINESS INSTITUTE
wwwnbi-semscom
Live Video Webcasts
httpwwwnbi-semscomDefaultaspxVideo-WebcastsNavigationDataSource1=N63782
OnDemand amp Downloads
httpwwwnbi-semscomContentaspxst=ArizonaampNavigationDataSource1=N63932-63947
8817 Probate Boot Camp
8917 Real Estate Title and Conveyance Handling the Top
Issues
8917 Marijuana Business Legal Considerations
81417 Legal Descriptions Title Insurance and Surveys in Real
Estate Transactions
81517 Advanced Custody and Support Issues
81617 Personal Injury Trials 101
82117 Trusts from Start to Finish
82217 How to Get Your Clients Paid Debt Collection 101
82317 Bankruptcy The Ultimate Guide to Chapter 7 and 13
82817 Conflicts of Interest A Practical Legal Ethics Guide
82917 Using LLCs to Protect Assets
83017 Complex Social Security Law Issues
83017 Dealing With Problem Employees A Legal Response
Guide
And many morehellip
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 45
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
Lorman Live Webinars wwwlormancom You can find many more seminars listed at httpwwwlormancomlive-webinar
ON DEMAND WEBINARS
There are many OnDemand Webinars to choose from also
httpwwwlormancomondemand
8317 Electronic Record Retention Mistakes HR
Professionals Can Avoid
8317 HUD Section 3 Compliance Tips for Governments
8417 Paralegals Guide to Unauthorized Practice of Law
8817 Protecting High-Risk Clientsrsquo Assets Against lawsuits
8817 Tips and Tricks to Improve Your Telephone Attitude
8917 Rules and Guidelines When Dealing With Statute of
Limitations
8917 Utilizing Formulas in Microsoft Excel
81017 Early Retirement Incentives Navigating the Legal
Issues
And many more
Maricopa County Bar Association CLE CALENDAR
httpmcbasite-ymcomeventsevent_listasp
LEXIS NEXIS Paralegal Community
has some good information as well
Check it out at httplawlexisnexiscomcommunityportalarticlesdefaultaspxg=QfsTyLJ1USs=ampc=EZggD7hDKLw=
Arizona Bar Association wwwazbarorgCLE
OnDemand CLE
httpsazbarinreachcecomSearchmediaType=494a95bb-1e05-4c5b-a25f-36ad84bd4c39
82217 State Bar of Arizona Course on Professionalism
82317 Steering Clear of Malpractice Road Bumps
82417 Traffic Offenses
82517 Probate Rule 10(E)(2) Subsequent Training for Court-
Appointed Counsel
83017 A Survey of Family Law
And many more
ALA-ABI wwwali-abaorg
The ALI-ABA site has excellent online CLE courses forms printed books MP3 CDROMs CLE DVDs CLE MP3 Downloads CLE Court Materials and Course Papers
81017 Powers of Attorney Latest Legal Developments
81717 Creating and Maintaining a Paperless Practice
Improve Workflow Increase Efficiency
82317 Hot Topics in Legal Ethics
And many more
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 46
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
Organization for Legal Professionals wwwtheolporgeducation
Online Courses
Litigation Support Project Management
Paralegal Management Certificate Program
Project Management in Electronic Discovery
Computer Technology Skills for Paralegals
Legal amp EDiscovery Project Management Course
Institute of Paralegal Education httpipenbi-semscomContentaspxNavigationDataSource1=N63943 Webcasts amp Webinars httpipenbi-semscomContentaspxNavigationDataSource1=Rpp20NspEventDateSort7c1017c17cN63944-4294952056
Webcasts amp Webinars
8217 Medical records Made Easy for Paralegals
8817 Case Management for Paralegals Managing
Documents Files Calendars and Tasks
81717 A Paralegalrsquos Guide to Divorce Cases
82217 The Paralegalrsquos Guide to Probate
82317 Construction Law 101 for Paralegals
82417 Corporate Minute Books A How-To Guide for
Paralegals
82917 Smartphone Apps and Tricks for Paralegals
83017 Managing the Discovery Process A Paralegalrsquos Guide
91217 Paralegalrsquos Guide to Legal Research and Citation
Management
National Constitution Center wwwconstitutionconferencescom
8817 Legal and binding E-Contracts What Works in a Digital World
82117 Retaliation Claims Protect Clients from EEOC Charges amp Private Suits
West Legal Education wwwwestlegaledcentercom
If you know of any other sources for CLE and would like listings to be placed in this
publication please email Newsletterazparalegalorg
- Front Cover
- Table of Contents
- Board of Directors
- APA Announcements
- APA Member News
- 10 Employer Considerations in Light of Arizonas New Paid Sick Time
- Paralegals strike out on firing claims
- Wearable technology Counting the steps to a defense verdict
- August Webinar
- To Lay or Lie
- Sticky Business Etiquette Questions amp Answers
- September Webinar
- Tucson Paralegal Associations 38th Annual Seminar
- The Verdict
- The Brief
- NewBytes
- APA Job Bank
- Got CLE
-
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 25
3150 N 24th Street
Suite D-104
Phoenix AZ 85016
6022569700
The Nationwide Legal LLC team provides a
broad spectrum of comprehensive legal support
services at an unparalleled level of quality NWL
utilizes state-of-the-art technology to deliver
practical and cost-effective solutions for all of
your legal support service needs wwwNationwideASAPcom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 26
BILLING
BLUNDERS AND
FEE AGREEMENT
ESSENTIALS Speaker
Lynda C Shely
Esq
Ethics Lawyer
Speaker
Consultant
APA WEBINAR
Wednesday September 13 2017
1200-100 pm
COST APA Members $25 (or use your free 2017 webinar coupon) All others $30
This webinar qualifies for 1 hour Ethics CLE credit
Lynda C Shely of The Shely Firm PC Scottsdale Arizona provides ethics advice to over 1500 law firms in Arizona and the
District of Columbia on a variety of topics including conflicts of interest fees and billing trust account procedures lawyer
transitions multi-jurisdictional practice ancillary businesses and ethics requirements for law firm advertisingmarketing She also
assists lawyers in responding to initial Bar charges performs law office risk management reviews and trains law firm staff in
ethics requirements Lynda serves as an expert witness and frequently presents continuing legal education programs around the
country Prior to opening her own firm she was the Director of Lawyer Ethics for the State Bar of Arizona Prior to moving to
Arizona Prior to moving to Arizona Lynda was an intellectual propertyantitrust associate with Morgan Lewis amp Bockius in
Washington DC Lynda received her BA from Franklin amp Marshall College in Lancaster PA and her JD from Catholic
University in Washington DC
Lynda was the 2015-2016 President of the Association of Professional Responsibility Lawyers She serves on several State Bar of
Arizona Committees and as a liaison to the ABA Standing Committee on Ethics and Professional Responsibility She is an
Arizona Delegate in the ABA House of Delegates Lynda has received several awards for her contributions to the legal profession
including the 2007 State Bar of Arizona Member of the Year award the Scottsdale Bar Associationrsquos 2010 Award of Excellence
and the 2015 AWLA Maricopa Chapter Ruth V McGregor award She is a prior chair of the ABA Standing Committee on
Client Protection and a past member of the ABArsquos Professionalism Committee and Center for Professional Responsibility
Conference Planning Committee Lynda was the 2008-2009 President of the Scottsdale Bar Association She has been an adjunct
professor at all three Arizona law schools teaching professional responsibility
LAST DAY TO REGISTER FRIDAY September 8 2017 at 500 PM
Click Here to Register httpazparalegalorgevent-2588123
Ethical and practical considerations for all firms ndash even those that think they do not need to
track hourly time Lynda will review what clauses are mandatory for all fee agreements in Ar-
izona as well as clauses that will help with client communications and expectations Billing
tips will go over the five things to never do in a time entry why block billing is prohibited in
Arizona how to get paid faster and common mistakes made in client invoices
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 27
WOOLSTON amp TARTER PC AUDIT DEFENSE amp TAX LITIGATION
Congratulations to the Arizona
Paralegal Association on 40
successful years of promoting the
paralegal profession
In just about every area of society therersquos nothing more important than ethics
Henry Paulson
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 28
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 29
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 30
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 31
Jason Bagley
Senior Territory Manager
(602) 559-4587
jasonbagleylexisnexiscom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 32
GENDER EQUALITY
The process of voir dire sometimes includes
subtle and not-so-subtle attempts at gender
stacking of jurors to prevent or create bias
toward a plaintiff Other demographic factors
may be more influential but gender is still
important though not necessarily in the way
one would suspect
The accompanying chart based on California New York and Texas cases reported to VerdictSearch depicts
plaintiffsrsquo winning percentages according to the plaintiffrsquos gender and the juryrsquos composition Bias is evident
but it is not dependent on the plaintiffrsquos gender
Any plaintiffrsquos winning percentage is substantially greater when his or her case is heard by a female-
dominated jury rather than a male-dominated jury or a gender-neutral jury The takeaway All other factors
being equal plaintiffs are best served by female jurors The equation flips when it comes to awarding
damages but thatrsquos a topic for another study
Thank you to Verdict Search for this analysis To learn more about VerdictSearch visit
wwwVerdictSearchcom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 33
Vol 13 No 8 August 2017
Fees Increase in One Week
Most filing and service fees will increase on Wednesday August 9 2017 Documents submitted for filing that are received by the Clerks office (file counter by mail or through a filing depository box) on or before August 8 will be subject to the current fees Documents received for filing on and after August 9 will be subject to the new fees Fees are posted on the Clerkrsquos website at httpwwwclerkofcourtmaricopagovfeesasp
Appeal and Cost Bond Info Online
Court rules statutes court orders or other authorities may require posting appeal or cost bonds with the Clerks Office Depending on the type of issue the parties the complexity of the case and other factors years can pass between the bond posting date and resolution of related issues During that time parties attorneys and the courts may overlook issuing a court order releasing the money The Clerks Office holds the funds until a court order directs the Clerk specifically what to do with those funds The Clerkrsquos Office has now posted lists online of bonds posted with the Clerks Office where the need for the bond may have ended and no court order was filed allowing the Clerk to return the money If you or your clients posted an appeal or cost bond in any case it is worth checking if funds are still on hold
Customers can search the online lists by party name or case number A party or their attorney must file a petition with the court requesting an order be issued directing the Clerk to release these funds The Clerks Office will only release money by court order and only as specifically directed in the order For more information about the deposit or release of these funds including specific information the Clerkrsquos Office needs before releasing money see the Clerkrsquos website at httpwwwclerkofcourtmaricopagovrelease_bondsasp The Clerks Office will only assist parties to a case or their attorneys Third-party vendors personal representatives and other non-parties must be named in a court order to obtain detailed information or to receive a payment check
Law Library Resource Center Filings Grow by Leaps and Bounds
Last year the Superior Court in Maricopa County renamed relocated and expanded its self-service center into the Law Library Resource Center (LLRC) The Clerkrsquos Office staffs a filing counter within the downtown Phoenix LLRC to allow customers a one-stop-shop for research drafting and filing court documents Filings within the LLRC have gone up every month since its establishment In January 2017 the file counter handled 406 transactions and nearly doubled that volume by the end of March 2017 with 802 transactions In June the file counter processed more than 1000 transactions Clerk staff at this window can process fee deferral applications adding to customersrsquo onsite convenience For more information about the LLRCrsquos services locations and other details see the Superior Courtrsquos website at httpswwwsuperiorcourtmaricopagovSuperiorCourtLawLibraryResourceCenter
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 34
THANK YOU
Our Charity Raffle Prize Drawing for this beautiful quilt donated by the Emmanuel Lutheran Quilters of Prescott Valley Arizona raised $350
All proceeds have been provided to Feed Hungry Children Program in Prescott Valley Arizona
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 35
Paralegal robot reviews patent documents There is a new software RoboReview that helps patent
lawyers draft applications that are more likely to pass muster with the USPTO It automates paralegal
work bringing more rigor to the task of researching prior art and potentially saving thousands of dollars
on a filing Typically this review is done by humans doing multiple searches To read more visit the
ABA Journal httpwwwabajournalcomnewsarticlepatent_document_robot_legal_review
Paralegal cries after being charged with stealing $12 million from law firm The paralegal was an
office manager for a law firm in downtown Toledo where prosecutors allege she embezzles money from
the firm and from the trust account of a disabled client between 2008 and September 2015 The suit
claims that the paralegal forged signatures and falsified bookkeeping software and other records to steal
from the firm The paralegal cried throughout the bond hearing She has been fired To read more about
this case visit httpwwwtoledobladecomCourts20170712Bond-set-at-100K-for-office-manager-
charged-with-embezzling-1-2Mhtml
Paralegal re-appointed to Florida Bar Section Priscilla Horn Warren a nationally and Florida
certified paralegal will continue to serve on the States Solo and Small Firm Section as their paralegal
representative for 2017-2018 term Warren has continuously served as paralegal liaison with the section
since 1995
Law Firm not liable for paralegal mistake on $15 bn loan A New York Judge found that the firm did
not owe a duty of case to third parties The paralegal had accidentally cancelled the security interest of a
$15 billion loan to General Motors The firm did not represent the lenders and as such did not owe a duty
to third parties JP Morgan Chase acted as lenders and its lawyers also missed the mistake The mistake
was only noticed when GM filed for bankruptcy protection in 2009 To read more visit
httpwwwgloballegalpostcombig-storiesmayer-brown-not-liable-for-paralegal-mistake-on-$15-bn-
loan-73921531
Lawyer and paralegal arrested after being found with meth pipes and other drug paraphernalia
The attorney claimed that the equipment didnt belong to him (my paralegal did it defense) To read
more visit httpwwwarkansasmatterscomnewslocal-newsconway-lawyer-and-paralegal-arrested-on-
drug-possession769588833
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 36
DIAMOND SPONSORS
National Health Finance
ABI Document Support Services
RUBY SPONSORS
Nationwide Legal Inc
Vocational Diagnostics Inc
EMERALD SPONSORS
MBA Legal Transcription
First Legal Network
LexisNexis
Coash amp Coash
Robert E ldquoBobrdquo Underdown The Insurance Archaeologist
Jones Skelton amp Hochuli
THANK YOU TO OUR SPONSORS AT OUR ANNUAL LEGAL CONFERENCE AND 40TH ANNIVERSARY CELEBRATION
Thank you to the individuals and businesses that support the Arizona Paralegal
Association in our efforts to promote and educate the paralegal community by
becoming Legal Seminar Sponsors The assistance of our sponsors has been vital in
bringing educational programs to paralegals across Arizona This Legal Seminar would
not be possible without the help of the sponsors and we hope you will join us in
PEARL SPONSORS
Compex Legal Services Inc
Kathy Hanchette Premier Designs
Robson Forensic
Parasec
Iron Mountain
Litigation Services
Fronteo
The Morton Group
Integrated Medical Evaluations Inc
Elite Medical Experts
Lynn Tofaute Yanbal Jewelry
Griffin amp Associates
Discovia
Woolston amp Tarter PC
Ottmar amp Associates
Ballard Spahr LLP
DTI Global
Thank you to these Northern Arizona sponsors who have generously donated
prizes for the Arizona Paralegal Association drawing
Murphyrsquos Restaurant Prescott Arizona
Susanne Chacon Scentsy 9287108777
Yavapai Title 9284452528
Mangum Pearce Court Reporting 9284451909
Prescott Law group PLC 9284451909
Emmanuel Lutheran Quilters Prescott Valley
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 37
Congratulations to the Arizona Paralegal Association on 40 years
1 East Washington St Suite 2300
Phoenix AZ 85004
602798-5400
wwwballardspahrcom
6024851488
wwwOtmarAssoccom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 38
APA MEMBER JOB BANK
DONrsquoT FORGET TO CHECK OUR ONLINE
JOB BANK FOR UP-TO-DATE JOB LISTINGS
at httpwwwazparalegalorgjobbank
[In order to view the online Job Bank you must login
to our new website (using your email and password)
If you experience any difficulty logging in please
contact membershipazparalegalorg for assistance]
PARALEGAL - BANKRUPTCY LITIGATION
Position Overview
Under the supervision of one or more lawyer(s) the
Paralegal assists in the delivery of quality efficient
and accessible legal services in the bankruptcy real
estate corporate andor commercial litigation practice
groups
Responsibilities
Draft routine pleadings statements affidavits
andor other legal documentation as appropriate at
the specific direction of attorneys
Prepare initial drafts of legal documents for
bankruptcy proceedings including case captions
and simple pleadings such as claim forms requests
for notice or judicial notice etc
Arrange Court Call appearances communicates
and cooperates with Court clerks on filings and
appearance requirements and interacts with Court
personnel as necessary to serve client needs
Prepare initial drafts of fee applications when
representing estate professionals and oversecured
creditors in bankruptcy cases and in connection
with fee awards in other litigation contexts
including exhibits and declarations in support
Compile documents in connection with appeals
including designations and indexes of the record
district court elections and requests for transcripts
Draft notices of appearance substitutions of
counsel documents pro hac vice applications and
corporate ownership statements
Assist with discovery-related filings including
Bankruptcy Rule 2004 examination applications
notices and orders subpoenas and notice of
servicecompliance
Manage non-judicial trustees sale process
including security instrument review public
record filing review notice drafting service
completion bid compilation sale procedures
communications with interested parties deed upon
sale drafting and all necessary public recording
and filing
Perform ECF filings and review local rules for
pleading forms notice and service requirements
Fulfill duties to deliver court copies courtesy
copies lodged order uploads in pdf or Word and
complies with all local rule requirements
Organize index and track large numbers of
documents including development of information
(Continued on page 39)
DO YOU KNOW OF A PARALEGAL POSITION AT YOUR PLACE OF EMPLOYMENT
If so advise your employer that the APA offers ad space for paralegal jobs to employers free of charge To place a job bank ad or for information on a job send an e-mail to Betsy Wolf at jobbankazparalegalorg
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 39
APA MEMBER JOB BANK
retrieval systems performs all case management
functions
Perform calendaring or docketing of information
as needed
Research and obtain information from various
courts administrative bodies public information
sources etc
Performs electronic research using PACER court
websites Westlaw and Lexis in addition to
Shepardizing and Bluebooking citations
Coordinate efforts with trials and hearings such as
taking notes handling exhibits organizing and
gathering factual information etc
Attend trials or client meetings as needed inside
and outside the office that require face-to-face
contact
Coordinate vendors in conjunction with a project
such as court reporters process servers copy
vendors etc
Track time in DTE and assures that services
provided are properly charged to the client
Track expenses for travel client meetings and
court appearances
Essential Job SpecificationsQualifications
Familiarity with pleading notice and service rules
triggered in Chapter 7 and 11 Bankruptcy Courts
Familiarity with Uniform Commercial Code
enforcement process and procedures
Familiarity with basic corporate formation
practices and procedures
Ability to perform ECF filings
Excellent computer skills including Word Excel
PowerPoint and database applications
Ability to deal professionally with all levels of
clients both internally and externally
Proven ability to solve problems work
independently and tackle projects with minimal
supervision
Ability to be flexible meet deadlines handle
pressure and adapt to changing work priorities
work flow and work assignments
Ability to effectively and respectfully
communicate verbally and in writing with other
staff lawyers management and clients
Ability to organize a large amount of data and files
into an efficient system (both electronic and
hardcopy) for easy filing and retrieval
Ability to maintain confidences as well as build
confidences and trust
Ability to pay close attention to detail
Ability to work overtime up to 10 or more hours
per week
Ability to work off-site at client location(s) for
extended periods of time
Requires the ability to regularly report to work on
the days and times scheduled or alternatively to
work flex hours depending on lawyer and client
needs
Physical Demands
Ability to work in a typical office environment and
lift up to 25 lbs NOTE Reasonable
accommodations may be made to enable
individuals with disabilities to perform the
essential functions
Travel
Ability to travel locally
EducationExperienceCertifications
Bachelors Degree andor Paralegal Certificate
Minimum of two years experience with
bankruptcy and litigation practice(s) at a law firm
Disclaimer
The above statements are intended to describe the
general nature and level of work being performed by
the incumbent in the position They are not intended
to be an exhaustive list of all responsibilities duties
and skills of the employee Duties and responsibilities
may change at any time with or without notice
(Job Bank hellip Continued from page 38)
(Continued on page 40)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 40
How to Apply Please send resume to
lisaspannbryancavecom
Equal Opportunity Employer
LITIGATION PARALEGAL - INSURANCE
DEFENSE
Jones Skelton amp Hochuli is seeking an ambitious
paralegal with 5+ years of experience in general civil
litigation and experience in State and Federal courts
The ideal candidate will have a stable work history
and exceptional communication and organizational
skills We offer a competitive salary and benefits
package and a team-oriented working environment
Please email your resume to Recruitingjshfirmcom
AAEOE
EXPERIENCED LITIGATION PARALEGAL
Dickinson Wright PLLC (Phoenix office) is in need of
a litigation paralegal
Requires a minimum of three yearsrsquo recent experience
in Arizona law
Job Description
Organize and synthesize information through the
preparation of summaries chronologies reports
spreadsheets
Draft and review routine legal documents (eg
privilege logs exhibit lists discovery disclosures
etc)
Assist attorneys on cases by providing
computerized support to help them plan organize
research analyze argue and present their cases in
a more cost and time efficient manner
Provide the day-to-day support of data
management
Assist attorney in trial preparation and set-up of
electronic equipment in the courtroom provides
court assistance as required
Assist with managing cases projects on various
levels and at various stages of the litigation
process
Candidates must have excellent communication skills
for contacting clients experts and other outside
parties have knowledge of state and federal court
rules procedures and e-filing requirements drafting
be self-motivated a team player proficient in MW
Word Outlook 2010 and a working knowledge of
document management systems Relativity and Trial
Director experience is a must
EducationalExperience requirements
Paralegal certificate from ABA school or
certification
We offer a competitive salary and benefits package
and an outstanding work environment All candidates
must submit a cover letter resume and salary history
Please email resumes to
LMandellDickinsonwrightcom
EXPERIENCED FAMILY LAW PARALEGAL
Cantor Law Group an AV-rated six-attorney family
law firm located in downtown Phoenix seeks a sharp
paralegal with at least two years of recent Arizona
family law experience In this position you will work
closely with an associate attorney to manage a case
load of 40+ cases covering a wide range of domestic
relations issues Experience with high-asset andor
DCS cases is a plus Must be a strong writer able to
draft pleadings and correspondence Exceptional
people skills are needed as there is a great deal of
client contact
An attractive compensation and benefits package is
available for the right candidate In addition to a
competitive salary and bonus opportunities we offer
an outstanding benefits package including ten paid
(Job Bank hellip Continued from page 39)
(Continued on page 41)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 41
holidays per year ten days paid vacation days yearly
five days personal paid time off yearly as well as the
availability of medical dental vision and life
insurance A 401K with a very generous employer
match is offered after one year
Requirements
2 years recent Arizona family law experience
Proactive able to handle and direct caseload with
minimal supervision
Attention to detail and excellent follow-up
Excellent analytical capabilities amp writing skills
able to draft substantive motions for attorney
review
Work well as a member of a fast-paced team
Professional appearance demeanor and attitude
Great client relations skills
Excellent computer skills including proficiency in
MS Word and other MS Office applications
Paralegal certification preferred (not required)
Knowledge of Time Matters or other case
management software a plus
Please send resumes to hrdmcantorcom
EXPERIENCED CRIMINAL DEFENSE
PARALEGAL
The Law Offices of David Michael Cantor an AV
rated criminal defense firm in Downtown Phoenix is
seeking an experienced paralegal with felony amp
misdemeanor experience to work closely with our
attorneys Our practice includes the full spectrum of
criminal charges and you will have the opportunity to
work on cases involving drug charges violent crime
sex offenses white collar crime property crime and
DUIs
The job
Proactively manage a substantial caseload without
direct supervision
Prepare and file pleadings according to attorney
instructions
Prepare trial notebooks and handle all trial prep
work
Create high quality correspondence and other
documents with little to no supervision
Maintain professional relationships with law
enforcement and prosecutors
Provide excellent customer service for our clients
Support 1-2 attorneys
We offer
Competitive compensation
Outstanding benefits including medical dental
vision lifeADampD coverage
401K with generous employer match
Paid vacation and sick time
Ten paid holidays per year
You
2+ years of private Arizona defense experience
handling both misdemeanor and felony charges
Familiar with Arizona courts and MVD
Proactive ndash needs little supervision
Great follow-up skills and attention to detail
Excellent writing skills
Professional appearance and behavior
MS Word and other MS Office applications
Keyboard speed 50+ wpm
Reliable
Enjoy being a member of a friendly team of
professionals
Experience with Abacus or other case
management software desirable
Please send resumes to hrdmcantorcom
PARALEGAL
Sentry Insurance is looking for a Paralegal to provide
litigation and administrative support to our Staff
(Job Bank hellip Continued from page 40)
(Continued on page 42)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 42
Counsel operation If you are looking for a career
with great potential choose the company with the
strength and stability to offer it all
What Yoursquoll Do
As the Paralegal yoursquoll assist the attorney staff by
performing legal activities which do not require
attorney signature client advise or appearances in
court In addition yoursquoll
Assist in the preparation of responses to discovery
under direct supervision of an attorney
Perform factual investigations and document
searches
Obtain investigative materials and policy
information
Contact insureds and other witnesses to obtain
factual statements
Coordinate scheduling of litigation activities and
witness appearances
What it Takes
Associate Degree or equivalent work experience
2-5 years of related work experience at least one
year in litigation practice
American Bar Association-Certified Paralegal
Training
Advanced knowledge of case management and
knowledge of and ability to perform legal
research
Experience with resources such as Westlaw and
Lexis
Strong analytical ability and knowledge of
litigation processes
Strong organizational and communication skills
Ability to maintain confidentiality
Strong working knowledge of the Internet
PowerPoint Excel and Word and familiarity with
legal case management software (ProLaw Clio
etc)
Ability to work independently and in multi-
jurisdictional venues
Must be able to meet travel requirements of the
job
What Yoursquoll Receive
We offer an outstanding array of benefits for our
associates including
Competitive Compensation
Group Medical Dental Vision and Life benefits
Generous Paid-Time Off - including Company
Holidays
401k plan with a dollar-for-dollar match on your
first six percent ndash immediate vesting
Access to more than 100 certification designation
and licensing courses
Career advancement opportunities
Why Sentry Insurance
Sentry employees have been helping individuals and
businesses build and protect their futures since 1904
Because of the trust placed in us Sentry is one of the
largest and strongest mutual insurance companies in
the United States and is rated A+ by AM Best the
industrys leading rating authority Sentry offers a full
line of property casualty and life insurance products
to protect businesses cars homes lives and retirement
incomes
So make the right choice - with great potential for
growth an outstanding 401(k) program and a schedule
that offers you a balance between your work and life
choose the company with the strength and stability to
offer it all Choose Sentry Insurance Sentry
Insurance is an Equal Opportunity Employer Apply
online at httpsjobssentrycomsearch119871
FULL-TIME LEGAL SECRETARY ASSISTANT
Mid-sized law office is seeking a self-motivated and
highly organized legal secretary with a minimum of 5
years of experience supporting 2 or more attorneys
Position will support multiple attorneys with case
management assistance calendaring state and federal
court filings formatting correspondence and
(Job Bank hellip Continued from page 41)
(Continued on page 43)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 43
pleadings copying mailing and other clerical duties
Optimal candidate will be able to accept and
implement directives maintain focus in hectic
environment keep attorneys informed of progress at
regular intervals and prioritize multiple projects
Working knowledge of MS Word amp Excel required
Associatersquos degree and background in litigation andor
insurance preferred EEOC Please email reacutesumeacute and
cover letter with salary requirements to
admincdslawfirmcom
EXPERIENCED PLAINTIFFS PERSONAL
INJURY LEGAL ASSISTANT
Small growing fast-paced Central Phoenix Personal
Injury Law Firm seeking full-time Legal Assistant to
join our team
Candidate must have excellent skills and 5 years
experience in a Plaintiffs Personal Injury Law Firm
with an ability to perform in a fast paced environment
Bi-lingual (SpanishEnglish) preferred but not
required Position involves significant interaction with
clients and requires attention to detail Good
organizational skills with a strong work ethic are
essential as is the ability to multi-task
Responsibilities include handling a large pre-litigation
caseload interfacing with attorneys and legal
assistants Must be proficient with MS Word Outlook
and Needles Case Management (preferred but not
necessary) Salary is competitive and DOE
Qualified candidates should e-mail resume with a
cover letter detailing their skills employment history
and salary requirements to
acoronadoblakefirmcom
(Job Bank hellip Continued from page 42)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 44
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
NALA Campus LIVE - Live web seminars are offered in two sessions each year FebruarymdashMay and AugustmdashNovember Each ses-sion features about 30 on-line seminars The audio files and handout material are copyrighted by NALA and the authors They are for personal use only Duplication of any of the material or any commercial use is strictly prohibited
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics httpswwwnalaorgcontinuing-educationwebinars NALA Campus LIVE - Live web semi-nars are offered in two sessions each year FebruarymdashMay and AugustmdashNovember Each session features about 30 on-line seminars The audio files and handout material are copy-righted by NALA and the authors They are for personal use only Dupli-cation of any of the material or any commercial use is strictly prohibited
82217 Music Law and Intellectual Property Rights
82417 So the Plaintiffrsquos on Medicare
82017 The ABCrsquos of Special Education
In addition to the Live Webinars NALA has On-Demand Webinar Courses available httpswwwnalaorgcontinuing-educationon-demand-webinar NALA also has a wide variety of available Self-Study courses as well as the Live Webinars You can access the Self-Study courses here httpswwwnalaorgcontinuing-educationself-study Many of these courses are recommended for preparing for the CP exam
NATIONAL BUSINESS INSTITUTE
wwwnbi-semscom
Live Video Webcasts
httpwwwnbi-semscomDefaultaspxVideo-WebcastsNavigationDataSource1=N63782
OnDemand amp Downloads
httpwwwnbi-semscomContentaspxst=ArizonaampNavigationDataSource1=N63932-63947
8817 Probate Boot Camp
8917 Real Estate Title and Conveyance Handling the Top
Issues
8917 Marijuana Business Legal Considerations
81417 Legal Descriptions Title Insurance and Surveys in Real
Estate Transactions
81517 Advanced Custody and Support Issues
81617 Personal Injury Trials 101
82117 Trusts from Start to Finish
82217 How to Get Your Clients Paid Debt Collection 101
82317 Bankruptcy The Ultimate Guide to Chapter 7 and 13
82817 Conflicts of Interest A Practical Legal Ethics Guide
82917 Using LLCs to Protect Assets
83017 Complex Social Security Law Issues
83017 Dealing With Problem Employees A Legal Response
Guide
And many morehellip
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 45
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
Lorman Live Webinars wwwlormancom You can find many more seminars listed at httpwwwlormancomlive-webinar
ON DEMAND WEBINARS
There are many OnDemand Webinars to choose from also
httpwwwlormancomondemand
8317 Electronic Record Retention Mistakes HR
Professionals Can Avoid
8317 HUD Section 3 Compliance Tips for Governments
8417 Paralegals Guide to Unauthorized Practice of Law
8817 Protecting High-Risk Clientsrsquo Assets Against lawsuits
8817 Tips and Tricks to Improve Your Telephone Attitude
8917 Rules and Guidelines When Dealing With Statute of
Limitations
8917 Utilizing Formulas in Microsoft Excel
81017 Early Retirement Incentives Navigating the Legal
Issues
And many more
Maricopa County Bar Association CLE CALENDAR
httpmcbasite-ymcomeventsevent_listasp
LEXIS NEXIS Paralegal Community
has some good information as well
Check it out at httplawlexisnexiscomcommunityportalarticlesdefaultaspxg=QfsTyLJ1USs=ampc=EZggD7hDKLw=
Arizona Bar Association wwwazbarorgCLE
OnDemand CLE
httpsazbarinreachcecomSearchmediaType=494a95bb-1e05-4c5b-a25f-36ad84bd4c39
82217 State Bar of Arizona Course on Professionalism
82317 Steering Clear of Malpractice Road Bumps
82417 Traffic Offenses
82517 Probate Rule 10(E)(2) Subsequent Training for Court-
Appointed Counsel
83017 A Survey of Family Law
And many more
ALA-ABI wwwali-abaorg
The ALI-ABA site has excellent online CLE courses forms printed books MP3 CDROMs CLE DVDs CLE MP3 Downloads CLE Court Materials and Course Papers
81017 Powers of Attorney Latest Legal Developments
81717 Creating and Maintaining a Paperless Practice
Improve Workflow Increase Efficiency
82317 Hot Topics in Legal Ethics
And many more
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 46
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
Organization for Legal Professionals wwwtheolporgeducation
Online Courses
Litigation Support Project Management
Paralegal Management Certificate Program
Project Management in Electronic Discovery
Computer Technology Skills for Paralegals
Legal amp EDiscovery Project Management Course
Institute of Paralegal Education httpipenbi-semscomContentaspxNavigationDataSource1=N63943 Webcasts amp Webinars httpipenbi-semscomContentaspxNavigationDataSource1=Rpp20NspEventDateSort7c1017c17cN63944-4294952056
Webcasts amp Webinars
8217 Medical records Made Easy for Paralegals
8817 Case Management for Paralegals Managing
Documents Files Calendars and Tasks
81717 A Paralegalrsquos Guide to Divorce Cases
82217 The Paralegalrsquos Guide to Probate
82317 Construction Law 101 for Paralegals
82417 Corporate Minute Books A How-To Guide for
Paralegals
82917 Smartphone Apps and Tricks for Paralegals
83017 Managing the Discovery Process A Paralegalrsquos Guide
91217 Paralegalrsquos Guide to Legal Research and Citation
Management
National Constitution Center wwwconstitutionconferencescom
8817 Legal and binding E-Contracts What Works in a Digital World
82117 Retaliation Claims Protect Clients from EEOC Charges amp Private Suits
West Legal Education wwwwestlegaledcentercom
If you know of any other sources for CLE and would like listings to be placed in this
publication please email Newsletterazparalegalorg
- Front Cover
- Table of Contents
- Board of Directors
- APA Announcements
- APA Member News
- 10 Employer Considerations in Light of Arizonas New Paid Sick Time
- Paralegals strike out on firing claims
- Wearable technology Counting the steps to a defense verdict
- August Webinar
- To Lay or Lie
- Sticky Business Etiquette Questions amp Answers
- September Webinar
- Tucson Paralegal Associations 38th Annual Seminar
- The Verdict
- The Brief
- NewBytes
- APA Job Bank
- Got CLE
-
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 26
BILLING
BLUNDERS AND
FEE AGREEMENT
ESSENTIALS Speaker
Lynda C Shely
Esq
Ethics Lawyer
Speaker
Consultant
APA WEBINAR
Wednesday September 13 2017
1200-100 pm
COST APA Members $25 (or use your free 2017 webinar coupon) All others $30
This webinar qualifies for 1 hour Ethics CLE credit
Lynda C Shely of The Shely Firm PC Scottsdale Arizona provides ethics advice to over 1500 law firms in Arizona and the
District of Columbia on a variety of topics including conflicts of interest fees and billing trust account procedures lawyer
transitions multi-jurisdictional practice ancillary businesses and ethics requirements for law firm advertisingmarketing She also
assists lawyers in responding to initial Bar charges performs law office risk management reviews and trains law firm staff in
ethics requirements Lynda serves as an expert witness and frequently presents continuing legal education programs around the
country Prior to opening her own firm she was the Director of Lawyer Ethics for the State Bar of Arizona Prior to moving to
Arizona Prior to moving to Arizona Lynda was an intellectual propertyantitrust associate with Morgan Lewis amp Bockius in
Washington DC Lynda received her BA from Franklin amp Marshall College in Lancaster PA and her JD from Catholic
University in Washington DC
Lynda was the 2015-2016 President of the Association of Professional Responsibility Lawyers She serves on several State Bar of
Arizona Committees and as a liaison to the ABA Standing Committee on Ethics and Professional Responsibility She is an
Arizona Delegate in the ABA House of Delegates Lynda has received several awards for her contributions to the legal profession
including the 2007 State Bar of Arizona Member of the Year award the Scottsdale Bar Associationrsquos 2010 Award of Excellence
and the 2015 AWLA Maricopa Chapter Ruth V McGregor award She is a prior chair of the ABA Standing Committee on
Client Protection and a past member of the ABArsquos Professionalism Committee and Center for Professional Responsibility
Conference Planning Committee Lynda was the 2008-2009 President of the Scottsdale Bar Association She has been an adjunct
professor at all three Arizona law schools teaching professional responsibility
LAST DAY TO REGISTER FRIDAY September 8 2017 at 500 PM
Click Here to Register httpazparalegalorgevent-2588123
Ethical and practical considerations for all firms ndash even those that think they do not need to
track hourly time Lynda will review what clauses are mandatory for all fee agreements in Ar-
izona as well as clauses that will help with client communications and expectations Billing
tips will go over the five things to never do in a time entry why block billing is prohibited in
Arizona how to get paid faster and common mistakes made in client invoices
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 27
WOOLSTON amp TARTER PC AUDIT DEFENSE amp TAX LITIGATION
Congratulations to the Arizona
Paralegal Association on 40
successful years of promoting the
paralegal profession
In just about every area of society therersquos nothing more important than ethics
Henry Paulson
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 28
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 29
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 30
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 31
Jason Bagley
Senior Territory Manager
(602) 559-4587
jasonbagleylexisnexiscom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 32
GENDER EQUALITY
The process of voir dire sometimes includes
subtle and not-so-subtle attempts at gender
stacking of jurors to prevent or create bias
toward a plaintiff Other demographic factors
may be more influential but gender is still
important though not necessarily in the way
one would suspect
The accompanying chart based on California New York and Texas cases reported to VerdictSearch depicts
plaintiffsrsquo winning percentages according to the plaintiffrsquos gender and the juryrsquos composition Bias is evident
but it is not dependent on the plaintiffrsquos gender
Any plaintiffrsquos winning percentage is substantially greater when his or her case is heard by a female-
dominated jury rather than a male-dominated jury or a gender-neutral jury The takeaway All other factors
being equal plaintiffs are best served by female jurors The equation flips when it comes to awarding
damages but thatrsquos a topic for another study
Thank you to Verdict Search for this analysis To learn more about VerdictSearch visit
wwwVerdictSearchcom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 33
Vol 13 No 8 August 2017
Fees Increase in One Week
Most filing and service fees will increase on Wednesday August 9 2017 Documents submitted for filing that are received by the Clerks office (file counter by mail or through a filing depository box) on or before August 8 will be subject to the current fees Documents received for filing on and after August 9 will be subject to the new fees Fees are posted on the Clerkrsquos website at httpwwwclerkofcourtmaricopagovfeesasp
Appeal and Cost Bond Info Online
Court rules statutes court orders or other authorities may require posting appeal or cost bonds with the Clerks Office Depending on the type of issue the parties the complexity of the case and other factors years can pass between the bond posting date and resolution of related issues During that time parties attorneys and the courts may overlook issuing a court order releasing the money The Clerks Office holds the funds until a court order directs the Clerk specifically what to do with those funds The Clerkrsquos Office has now posted lists online of bonds posted with the Clerks Office where the need for the bond may have ended and no court order was filed allowing the Clerk to return the money If you or your clients posted an appeal or cost bond in any case it is worth checking if funds are still on hold
Customers can search the online lists by party name or case number A party or their attorney must file a petition with the court requesting an order be issued directing the Clerk to release these funds The Clerks Office will only release money by court order and only as specifically directed in the order For more information about the deposit or release of these funds including specific information the Clerkrsquos Office needs before releasing money see the Clerkrsquos website at httpwwwclerkofcourtmaricopagovrelease_bondsasp The Clerks Office will only assist parties to a case or their attorneys Third-party vendors personal representatives and other non-parties must be named in a court order to obtain detailed information or to receive a payment check
Law Library Resource Center Filings Grow by Leaps and Bounds
Last year the Superior Court in Maricopa County renamed relocated and expanded its self-service center into the Law Library Resource Center (LLRC) The Clerkrsquos Office staffs a filing counter within the downtown Phoenix LLRC to allow customers a one-stop-shop for research drafting and filing court documents Filings within the LLRC have gone up every month since its establishment In January 2017 the file counter handled 406 transactions and nearly doubled that volume by the end of March 2017 with 802 transactions In June the file counter processed more than 1000 transactions Clerk staff at this window can process fee deferral applications adding to customersrsquo onsite convenience For more information about the LLRCrsquos services locations and other details see the Superior Courtrsquos website at httpswwwsuperiorcourtmaricopagovSuperiorCourtLawLibraryResourceCenter
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 34
THANK YOU
Our Charity Raffle Prize Drawing for this beautiful quilt donated by the Emmanuel Lutheran Quilters of Prescott Valley Arizona raised $350
All proceeds have been provided to Feed Hungry Children Program in Prescott Valley Arizona
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 35
Paralegal robot reviews patent documents There is a new software RoboReview that helps patent
lawyers draft applications that are more likely to pass muster with the USPTO It automates paralegal
work bringing more rigor to the task of researching prior art and potentially saving thousands of dollars
on a filing Typically this review is done by humans doing multiple searches To read more visit the
ABA Journal httpwwwabajournalcomnewsarticlepatent_document_robot_legal_review
Paralegal cries after being charged with stealing $12 million from law firm The paralegal was an
office manager for a law firm in downtown Toledo where prosecutors allege she embezzles money from
the firm and from the trust account of a disabled client between 2008 and September 2015 The suit
claims that the paralegal forged signatures and falsified bookkeeping software and other records to steal
from the firm The paralegal cried throughout the bond hearing She has been fired To read more about
this case visit httpwwwtoledobladecomCourts20170712Bond-set-at-100K-for-office-manager-
charged-with-embezzling-1-2Mhtml
Paralegal re-appointed to Florida Bar Section Priscilla Horn Warren a nationally and Florida
certified paralegal will continue to serve on the States Solo and Small Firm Section as their paralegal
representative for 2017-2018 term Warren has continuously served as paralegal liaison with the section
since 1995
Law Firm not liable for paralegal mistake on $15 bn loan A New York Judge found that the firm did
not owe a duty of case to third parties The paralegal had accidentally cancelled the security interest of a
$15 billion loan to General Motors The firm did not represent the lenders and as such did not owe a duty
to third parties JP Morgan Chase acted as lenders and its lawyers also missed the mistake The mistake
was only noticed when GM filed for bankruptcy protection in 2009 To read more visit
httpwwwgloballegalpostcombig-storiesmayer-brown-not-liable-for-paralegal-mistake-on-$15-bn-
loan-73921531
Lawyer and paralegal arrested after being found with meth pipes and other drug paraphernalia
The attorney claimed that the equipment didnt belong to him (my paralegal did it defense) To read
more visit httpwwwarkansasmatterscomnewslocal-newsconway-lawyer-and-paralegal-arrested-on-
drug-possession769588833
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 36
DIAMOND SPONSORS
National Health Finance
ABI Document Support Services
RUBY SPONSORS
Nationwide Legal Inc
Vocational Diagnostics Inc
EMERALD SPONSORS
MBA Legal Transcription
First Legal Network
LexisNexis
Coash amp Coash
Robert E ldquoBobrdquo Underdown The Insurance Archaeologist
Jones Skelton amp Hochuli
THANK YOU TO OUR SPONSORS AT OUR ANNUAL LEGAL CONFERENCE AND 40TH ANNIVERSARY CELEBRATION
Thank you to the individuals and businesses that support the Arizona Paralegal
Association in our efforts to promote and educate the paralegal community by
becoming Legal Seminar Sponsors The assistance of our sponsors has been vital in
bringing educational programs to paralegals across Arizona This Legal Seminar would
not be possible without the help of the sponsors and we hope you will join us in
PEARL SPONSORS
Compex Legal Services Inc
Kathy Hanchette Premier Designs
Robson Forensic
Parasec
Iron Mountain
Litigation Services
Fronteo
The Morton Group
Integrated Medical Evaluations Inc
Elite Medical Experts
Lynn Tofaute Yanbal Jewelry
Griffin amp Associates
Discovia
Woolston amp Tarter PC
Ottmar amp Associates
Ballard Spahr LLP
DTI Global
Thank you to these Northern Arizona sponsors who have generously donated
prizes for the Arizona Paralegal Association drawing
Murphyrsquos Restaurant Prescott Arizona
Susanne Chacon Scentsy 9287108777
Yavapai Title 9284452528
Mangum Pearce Court Reporting 9284451909
Prescott Law group PLC 9284451909
Emmanuel Lutheran Quilters Prescott Valley
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 37
Congratulations to the Arizona Paralegal Association on 40 years
1 East Washington St Suite 2300
Phoenix AZ 85004
602798-5400
wwwballardspahrcom
6024851488
wwwOtmarAssoccom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 38
APA MEMBER JOB BANK
DONrsquoT FORGET TO CHECK OUR ONLINE
JOB BANK FOR UP-TO-DATE JOB LISTINGS
at httpwwwazparalegalorgjobbank
[In order to view the online Job Bank you must login
to our new website (using your email and password)
If you experience any difficulty logging in please
contact membershipazparalegalorg for assistance]
PARALEGAL - BANKRUPTCY LITIGATION
Position Overview
Under the supervision of one or more lawyer(s) the
Paralegal assists in the delivery of quality efficient
and accessible legal services in the bankruptcy real
estate corporate andor commercial litigation practice
groups
Responsibilities
Draft routine pleadings statements affidavits
andor other legal documentation as appropriate at
the specific direction of attorneys
Prepare initial drafts of legal documents for
bankruptcy proceedings including case captions
and simple pleadings such as claim forms requests
for notice or judicial notice etc
Arrange Court Call appearances communicates
and cooperates with Court clerks on filings and
appearance requirements and interacts with Court
personnel as necessary to serve client needs
Prepare initial drafts of fee applications when
representing estate professionals and oversecured
creditors in bankruptcy cases and in connection
with fee awards in other litigation contexts
including exhibits and declarations in support
Compile documents in connection with appeals
including designations and indexes of the record
district court elections and requests for transcripts
Draft notices of appearance substitutions of
counsel documents pro hac vice applications and
corporate ownership statements
Assist with discovery-related filings including
Bankruptcy Rule 2004 examination applications
notices and orders subpoenas and notice of
servicecompliance
Manage non-judicial trustees sale process
including security instrument review public
record filing review notice drafting service
completion bid compilation sale procedures
communications with interested parties deed upon
sale drafting and all necessary public recording
and filing
Perform ECF filings and review local rules for
pleading forms notice and service requirements
Fulfill duties to deliver court copies courtesy
copies lodged order uploads in pdf or Word and
complies with all local rule requirements
Organize index and track large numbers of
documents including development of information
(Continued on page 39)
DO YOU KNOW OF A PARALEGAL POSITION AT YOUR PLACE OF EMPLOYMENT
If so advise your employer that the APA offers ad space for paralegal jobs to employers free of charge To place a job bank ad or for information on a job send an e-mail to Betsy Wolf at jobbankazparalegalorg
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 39
APA MEMBER JOB BANK
retrieval systems performs all case management
functions
Perform calendaring or docketing of information
as needed
Research and obtain information from various
courts administrative bodies public information
sources etc
Performs electronic research using PACER court
websites Westlaw and Lexis in addition to
Shepardizing and Bluebooking citations
Coordinate efforts with trials and hearings such as
taking notes handling exhibits organizing and
gathering factual information etc
Attend trials or client meetings as needed inside
and outside the office that require face-to-face
contact
Coordinate vendors in conjunction with a project
such as court reporters process servers copy
vendors etc
Track time in DTE and assures that services
provided are properly charged to the client
Track expenses for travel client meetings and
court appearances
Essential Job SpecificationsQualifications
Familiarity with pleading notice and service rules
triggered in Chapter 7 and 11 Bankruptcy Courts
Familiarity with Uniform Commercial Code
enforcement process and procedures
Familiarity with basic corporate formation
practices and procedures
Ability to perform ECF filings
Excellent computer skills including Word Excel
PowerPoint and database applications
Ability to deal professionally with all levels of
clients both internally and externally
Proven ability to solve problems work
independently and tackle projects with minimal
supervision
Ability to be flexible meet deadlines handle
pressure and adapt to changing work priorities
work flow and work assignments
Ability to effectively and respectfully
communicate verbally and in writing with other
staff lawyers management and clients
Ability to organize a large amount of data and files
into an efficient system (both electronic and
hardcopy) for easy filing and retrieval
Ability to maintain confidences as well as build
confidences and trust
Ability to pay close attention to detail
Ability to work overtime up to 10 or more hours
per week
Ability to work off-site at client location(s) for
extended periods of time
Requires the ability to regularly report to work on
the days and times scheduled or alternatively to
work flex hours depending on lawyer and client
needs
Physical Demands
Ability to work in a typical office environment and
lift up to 25 lbs NOTE Reasonable
accommodations may be made to enable
individuals with disabilities to perform the
essential functions
Travel
Ability to travel locally
EducationExperienceCertifications
Bachelors Degree andor Paralegal Certificate
Minimum of two years experience with
bankruptcy and litigation practice(s) at a law firm
Disclaimer
The above statements are intended to describe the
general nature and level of work being performed by
the incumbent in the position They are not intended
to be an exhaustive list of all responsibilities duties
and skills of the employee Duties and responsibilities
may change at any time with or without notice
(Job Bank hellip Continued from page 38)
(Continued on page 40)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 40
How to Apply Please send resume to
lisaspannbryancavecom
Equal Opportunity Employer
LITIGATION PARALEGAL - INSURANCE
DEFENSE
Jones Skelton amp Hochuli is seeking an ambitious
paralegal with 5+ years of experience in general civil
litigation and experience in State and Federal courts
The ideal candidate will have a stable work history
and exceptional communication and organizational
skills We offer a competitive salary and benefits
package and a team-oriented working environment
Please email your resume to Recruitingjshfirmcom
AAEOE
EXPERIENCED LITIGATION PARALEGAL
Dickinson Wright PLLC (Phoenix office) is in need of
a litigation paralegal
Requires a minimum of three yearsrsquo recent experience
in Arizona law
Job Description
Organize and synthesize information through the
preparation of summaries chronologies reports
spreadsheets
Draft and review routine legal documents (eg
privilege logs exhibit lists discovery disclosures
etc)
Assist attorneys on cases by providing
computerized support to help them plan organize
research analyze argue and present their cases in
a more cost and time efficient manner
Provide the day-to-day support of data
management
Assist attorney in trial preparation and set-up of
electronic equipment in the courtroom provides
court assistance as required
Assist with managing cases projects on various
levels and at various stages of the litigation
process
Candidates must have excellent communication skills
for contacting clients experts and other outside
parties have knowledge of state and federal court
rules procedures and e-filing requirements drafting
be self-motivated a team player proficient in MW
Word Outlook 2010 and a working knowledge of
document management systems Relativity and Trial
Director experience is a must
EducationalExperience requirements
Paralegal certificate from ABA school or
certification
We offer a competitive salary and benefits package
and an outstanding work environment All candidates
must submit a cover letter resume and salary history
Please email resumes to
LMandellDickinsonwrightcom
EXPERIENCED FAMILY LAW PARALEGAL
Cantor Law Group an AV-rated six-attorney family
law firm located in downtown Phoenix seeks a sharp
paralegal with at least two years of recent Arizona
family law experience In this position you will work
closely with an associate attorney to manage a case
load of 40+ cases covering a wide range of domestic
relations issues Experience with high-asset andor
DCS cases is a plus Must be a strong writer able to
draft pleadings and correspondence Exceptional
people skills are needed as there is a great deal of
client contact
An attractive compensation and benefits package is
available for the right candidate In addition to a
competitive salary and bonus opportunities we offer
an outstanding benefits package including ten paid
(Job Bank hellip Continued from page 39)
(Continued on page 41)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 41
holidays per year ten days paid vacation days yearly
five days personal paid time off yearly as well as the
availability of medical dental vision and life
insurance A 401K with a very generous employer
match is offered after one year
Requirements
2 years recent Arizona family law experience
Proactive able to handle and direct caseload with
minimal supervision
Attention to detail and excellent follow-up
Excellent analytical capabilities amp writing skills
able to draft substantive motions for attorney
review
Work well as a member of a fast-paced team
Professional appearance demeanor and attitude
Great client relations skills
Excellent computer skills including proficiency in
MS Word and other MS Office applications
Paralegal certification preferred (not required)
Knowledge of Time Matters or other case
management software a plus
Please send resumes to hrdmcantorcom
EXPERIENCED CRIMINAL DEFENSE
PARALEGAL
The Law Offices of David Michael Cantor an AV
rated criminal defense firm in Downtown Phoenix is
seeking an experienced paralegal with felony amp
misdemeanor experience to work closely with our
attorneys Our practice includes the full spectrum of
criminal charges and you will have the opportunity to
work on cases involving drug charges violent crime
sex offenses white collar crime property crime and
DUIs
The job
Proactively manage a substantial caseload without
direct supervision
Prepare and file pleadings according to attorney
instructions
Prepare trial notebooks and handle all trial prep
work
Create high quality correspondence and other
documents with little to no supervision
Maintain professional relationships with law
enforcement and prosecutors
Provide excellent customer service for our clients
Support 1-2 attorneys
We offer
Competitive compensation
Outstanding benefits including medical dental
vision lifeADampD coverage
401K with generous employer match
Paid vacation and sick time
Ten paid holidays per year
You
2+ years of private Arizona defense experience
handling both misdemeanor and felony charges
Familiar with Arizona courts and MVD
Proactive ndash needs little supervision
Great follow-up skills and attention to detail
Excellent writing skills
Professional appearance and behavior
MS Word and other MS Office applications
Keyboard speed 50+ wpm
Reliable
Enjoy being a member of a friendly team of
professionals
Experience with Abacus or other case
management software desirable
Please send resumes to hrdmcantorcom
PARALEGAL
Sentry Insurance is looking for a Paralegal to provide
litigation and administrative support to our Staff
(Job Bank hellip Continued from page 40)
(Continued on page 42)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 42
Counsel operation If you are looking for a career
with great potential choose the company with the
strength and stability to offer it all
What Yoursquoll Do
As the Paralegal yoursquoll assist the attorney staff by
performing legal activities which do not require
attorney signature client advise or appearances in
court In addition yoursquoll
Assist in the preparation of responses to discovery
under direct supervision of an attorney
Perform factual investigations and document
searches
Obtain investigative materials and policy
information
Contact insureds and other witnesses to obtain
factual statements
Coordinate scheduling of litigation activities and
witness appearances
What it Takes
Associate Degree or equivalent work experience
2-5 years of related work experience at least one
year in litigation practice
American Bar Association-Certified Paralegal
Training
Advanced knowledge of case management and
knowledge of and ability to perform legal
research
Experience with resources such as Westlaw and
Lexis
Strong analytical ability and knowledge of
litigation processes
Strong organizational and communication skills
Ability to maintain confidentiality
Strong working knowledge of the Internet
PowerPoint Excel and Word and familiarity with
legal case management software (ProLaw Clio
etc)
Ability to work independently and in multi-
jurisdictional venues
Must be able to meet travel requirements of the
job
What Yoursquoll Receive
We offer an outstanding array of benefits for our
associates including
Competitive Compensation
Group Medical Dental Vision and Life benefits
Generous Paid-Time Off - including Company
Holidays
401k plan with a dollar-for-dollar match on your
first six percent ndash immediate vesting
Access to more than 100 certification designation
and licensing courses
Career advancement opportunities
Why Sentry Insurance
Sentry employees have been helping individuals and
businesses build and protect their futures since 1904
Because of the trust placed in us Sentry is one of the
largest and strongest mutual insurance companies in
the United States and is rated A+ by AM Best the
industrys leading rating authority Sentry offers a full
line of property casualty and life insurance products
to protect businesses cars homes lives and retirement
incomes
So make the right choice - with great potential for
growth an outstanding 401(k) program and a schedule
that offers you a balance between your work and life
choose the company with the strength and stability to
offer it all Choose Sentry Insurance Sentry
Insurance is an Equal Opportunity Employer Apply
online at httpsjobssentrycomsearch119871
FULL-TIME LEGAL SECRETARY ASSISTANT
Mid-sized law office is seeking a self-motivated and
highly organized legal secretary with a minimum of 5
years of experience supporting 2 or more attorneys
Position will support multiple attorneys with case
management assistance calendaring state and federal
court filings formatting correspondence and
(Job Bank hellip Continued from page 41)
(Continued on page 43)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 43
pleadings copying mailing and other clerical duties
Optimal candidate will be able to accept and
implement directives maintain focus in hectic
environment keep attorneys informed of progress at
regular intervals and prioritize multiple projects
Working knowledge of MS Word amp Excel required
Associatersquos degree and background in litigation andor
insurance preferred EEOC Please email reacutesumeacute and
cover letter with salary requirements to
admincdslawfirmcom
EXPERIENCED PLAINTIFFS PERSONAL
INJURY LEGAL ASSISTANT
Small growing fast-paced Central Phoenix Personal
Injury Law Firm seeking full-time Legal Assistant to
join our team
Candidate must have excellent skills and 5 years
experience in a Plaintiffs Personal Injury Law Firm
with an ability to perform in a fast paced environment
Bi-lingual (SpanishEnglish) preferred but not
required Position involves significant interaction with
clients and requires attention to detail Good
organizational skills with a strong work ethic are
essential as is the ability to multi-task
Responsibilities include handling a large pre-litigation
caseload interfacing with attorneys and legal
assistants Must be proficient with MS Word Outlook
and Needles Case Management (preferred but not
necessary) Salary is competitive and DOE
Qualified candidates should e-mail resume with a
cover letter detailing their skills employment history
and salary requirements to
acoronadoblakefirmcom
(Job Bank hellip Continued from page 42)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 44
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
NALA Campus LIVE - Live web seminars are offered in two sessions each year FebruarymdashMay and AugustmdashNovember Each ses-sion features about 30 on-line seminars The audio files and handout material are copyrighted by NALA and the authors They are for personal use only Duplication of any of the material or any commercial use is strictly prohibited
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics httpswwwnalaorgcontinuing-educationwebinars NALA Campus LIVE - Live web semi-nars are offered in two sessions each year FebruarymdashMay and AugustmdashNovember Each session features about 30 on-line seminars The audio files and handout material are copy-righted by NALA and the authors They are for personal use only Dupli-cation of any of the material or any commercial use is strictly prohibited
82217 Music Law and Intellectual Property Rights
82417 So the Plaintiffrsquos on Medicare
82017 The ABCrsquos of Special Education
In addition to the Live Webinars NALA has On-Demand Webinar Courses available httpswwwnalaorgcontinuing-educationon-demand-webinar NALA also has a wide variety of available Self-Study courses as well as the Live Webinars You can access the Self-Study courses here httpswwwnalaorgcontinuing-educationself-study Many of these courses are recommended for preparing for the CP exam
NATIONAL BUSINESS INSTITUTE
wwwnbi-semscom
Live Video Webcasts
httpwwwnbi-semscomDefaultaspxVideo-WebcastsNavigationDataSource1=N63782
OnDemand amp Downloads
httpwwwnbi-semscomContentaspxst=ArizonaampNavigationDataSource1=N63932-63947
8817 Probate Boot Camp
8917 Real Estate Title and Conveyance Handling the Top
Issues
8917 Marijuana Business Legal Considerations
81417 Legal Descriptions Title Insurance and Surveys in Real
Estate Transactions
81517 Advanced Custody and Support Issues
81617 Personal Injury Trials 101
82117 Trusts from Start to Finish
82217 How to Get Your Clients Paid Debt Collection 101
82317 Bankruptcy The Ultimate Guide to Chapter 7 and 13
82817 Conflicts of Interest A Practical Legal Ethics Guide
82917 Using LLCs to Protect Assets
83017 Complex Social Security Law Issues
83017 Dealing With Problem Employees A Legal Response
Guide
And many morehellip
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 45
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
Lorman Live Webinars wwwlormancom You can find many more seminars listed at httpwwwlormancomlive-webinar
ON DEMAND WEBINARS
There are many OnDemand Webinars to choose from also
httpwwwlormancomondemand
8317 Electronic Record Retention Mistakes HR
Professionals Can Avoid
8317 HUD Section 3 Compliance Tips for Governments
8417 Paralegals Guide to Unauthorized Practice of Law
8817 Protecting High-Risk Clientsrsquo Assets Against lawsuits
8817 Tips and Tricks to Improve Your Telephone Attitude
8917 Rules and Guidelines When Dealing With Statute of
Limitations
8917 Utilizing Formulas in Microsoft Excel
81017 Early Retirement Incentives Navigating the Legal
Issues
And many more
Maricopa County Bar Association CLE CALENDAR
httpmcbasite-ymcomeventsevent_listasp
LEXIS NEXIS Paralegal Community
has some good information as well
Check it out at httplawlexisnexiscomcommunityportalarticlesdefaultaspxg=QfsTyLJ1USs=ampc=EZggD7hDKLw=
Arizona Bar Association wwwazbarorgCLE
OnDemand CLE
httpsazbarinreachcecomSearchmediaType=494a95bb-1e05-4c5b-a25f-36ad84bd4c39
82217 State Bar of Arizona Course on Professionalism
82317 Steering Clear of Malpractice Road Bumps
82417 Traffic Offenses
82517 Probate Rule 10(E)(2) Subsequent Training for Court-
Appointed Counsel
83017 A Survey of Family Law
And many more
ALA-ABI wwwali-abaorg
The ALI-ABA site has excellent online CLE courses forms printed books MP3 CDROMs CLE DVDs CLE MP3 Downloads CLE Court Materials and Course Papers
81017 Powers of Attorney Latest Legal Developments
81717 Creating and Maintaining a Paperless Practice
Improve Workflow Increase Efficiency
82317 Hot Topics in Legal Ethics
And many more
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 46
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
Organization for Legal Professionals wwwtheolporgeducation
Online Courses
Litigation Support Project Management
Paralegal Management Certificate Program
Project Management in Electronic Discovery
Computer Technology Skills for Paralegals
Legal amp EDiscovery Project Management Course
Institute of Paralegal Education httpipenbi-semscomContentaspxNavigationDataSource1=N63943 Webcasts amp Webinars httpipenbi-semscomContentaspxNavigationDataSource1=Rpp20NspEventDateSort7c1017c17cN63944-4294952056
Webcasts amp Webinars
8217 Medical records Made Easy for Paralegals
8817 Case Management for Paralegals Managing
Documents Files Calendars and Tasks
81717 A Paralegalrsquos Guide to Divorce Cases
82217 The Paralegalrsquos Guide to Probate
82317 Construction Law 101 for Paralegals
82417 Corporate Minute Books A How-To Guide for
Paralegals
82917 Smartphone Apps and Tricks for Paralegals
83017 Managing the Discovery Process A Paralegalrsquos Guide
91217 Paralegalrsquos Guide to Legal Research and Citation
Management
National Constitution Center wwwconstitutionconferencescom
8817 Legal and binding E-Contracts What Works in a Digital World
82117 Retaliation Claims Protect Clients from EEOC Charges amp Private Suits
West Legal Education wwwwestlegaledcentercom
If you know of any other sources for CLE and would like listings to be placed in this
publication please email Newsletterazparalegalorg
- Front Cover
- Table of Contents
- Board of Directors
- APA Announcements
- APA Member News
- 10 Employer Considerations in Light of Arizonas New Paid Sick Time
- Paralegals strike out on firing claims
- Wearable technology Counting the steps to a defense verdict
- August Webinar
- To Lay or Lie
- Sticky Business Etiquette Questions amp Answers
- September Webinar
- Tucson Paralegal Associations 38th Annual Seminar
- The Verdict
- The Brief
- NewBytes
- APA Job Bank
- Got CLE
-
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 27
WOOLSTON amp TARTER PC AUDIT DEFENSE amp TAX LITIGATION
Congratulations to the Arizona
Paralegal Association on 40
successful years of promoting the
paralegal profession
In just about every area of society therersquos nothing more important than ethics
Henry Paulson
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 28
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 29
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 30
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 31
Jason Bagley
Senior Territory Manager
(602) 559-4587
jasonbagleylexisnexiscom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 32
GENDER EQUALITY
The process of voir dire sometimes includes
subtle and not-so-subtle attempts at gender
stacking of jurors to prevent or create bias
toward a plaintiff Other demographic factors
may be more influential but gender is still
important though not necessarily in the way
one would suspect
The accompanying chart based on California New York and Texas cases reported to VerdictSearch depicts
plaintiffsrsquo winning percentages according to the plaintiffrsquos gender and the juryrsquos composition Bias is evident
but it is not dependent on the plaintiffrsquos gender
Any plaintiffrsquos winning percentage is substantially greater when his or her case is heard by a female-
dominated jury rather than a male-dominated jury or a gender-neutral jury The takeaway All other factors
being equal plaintiffs are best served by female jurors The equation flips when it comes to awarding
damages but thatrsquos a topic for another study
Thank you to Verdict Search for this analysis To learn more about VerdictSearch visit
wwwVerdictSearchcom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 33
Vol 13 No 8 August 2017
Fees Increase in One Week
Most filing and service fees will increase on Wednesday August 9 2017 Documents submitted for filing that are received by the Clerks office (file counter by mail or through a filing depository box) on or before August 8 will be subject to the current fees Documents received for filing on and after August 9 will be subject to the new fees Fees are posted on the Clerkrsquos website at httpwwwclerkofcourtmaricopagovfeesasp
Appeal and Cost Bond Info Online
Court rules statutes court orders or other authorities may require posting appeal or cost bonds with the Clerks Office Depending on the type of issue the parties the complexity of the case and other factors years can pass between the bond posting date and resolution of related issues During that time parties attorneys and the courts may overlook issuing a court order releasing the money The Clerks Office holds the funds until a court order directs the Clerk specifically what to do with those funds The Clerkrsquos Office has now posted lists online of bonds posted with the Clerks Office where the need for the bond may have ended and no court order was filed allowing the Clerk to return the money If you or your clients posted an appeal or cost bond in any case it is worth checking if funds are still on hold
Customers can search the online lists by party name or case number A party or their attorney must file a petition with the court requesting an order be issued directing the Clerk to release these funds The Clerks Office will only release money by court order and only as specifically directed in the order For more information about the deposit or release of these funds including specific information the Clerkrsquos Office needs before releasing money see the Clerkrsquos website at httpwwwclerkofcourtmaricopagovrelease_bondsasp The Clerks Office will only assist parties to a case or their attorneys Third-party vendors personal representatives and other non-parties must be named in a court order to obtain detailed information or to receive a payment check
Law Library Resource Center Filings Grow by Leaps and Bounds
Last year the Superior Court in Maricopa County renamed relocated and expanded its self-service center into the Law Library Resource Center (LLRC) The Clerkrsquos Office staffs a filing counter within the downtown Phoenix LLRC to allow customers a one-stop-shop for research drafting and filing court documents Filings within the LLRC have gone up every month since its establishment In January 2017 the file counter handled 406 transactions and nearly doubled that volume by the end of March 2017 with 802 transactions In June the file counter processed more than 1000 transactions Clerk staff at this window can process fee deferral applications adding to customersrsquo onsite convenience For more information about the LLRCrsquos services locations and other details see the Superior Courtrsquos website at httpswwwsuperiorcourtmaricopagovSuperiorCourtLawLibraryResourceCenter
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 34
THANK YOU
Our Charity Raffle Prize Drawing for this beautiful quilt donated by the Emmanuel Lutheran Quilters of Prescott Valley Arizona raised $350
All proceeds have been provided to Feed Hungry Children Program in Prescott Valley Arizona
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 35
Paralegal robot reviews patent documents There is a new software RoboReview that helps patent
lawyers draft applications that are more likely to pass muster with the USPTO It automates paralegal
work bringing more rigor to the task of researching prior art and potentially saving thousands of dollars
on a filing Typically this review is done by humans doing multiple searches To read more visit the
ABA Journal httpwwwabajournalcomnewsarticlepatent_document_robot_legal_review
Paralegal cries after being charged with stealing $12 million from law firm The paralegal was an
office manager for a law firm in downtown Toledo where prosecutors allege she embezzles money from
the firm and from the trust account of a disabled client between 2008 and September 2015 The suit
claims that the paralegal forged signatures and falsified bookkeeping software and other records to steal
from the firm The paralegal cried throughout the bond hearing She has been fired To read more about
this case visit httpwwwtoledobladecomCourts20170712Bond-set-at-100K-for-office-manager-
charged-with-embezzling-1-2Mhtml
Paralegal re-appointed to Florida Bar Section Priscilla Horn Warren a nationally and Florida
certified paralegal will continue to serve on the States Solo and Small Firm Section as their paralegal
representative for 2017-2018 term Warren has continuously served as paralegal liaison with the section
since 1995
Law Firm not liable for paralegal mistake on $15 bn loan A New York Judge found that the firm did
not owe a duty of case to third parties The paralegal had accidentally cancelled the security interest of a
$15 billion loan to General Motors The firm did not represent the lenders and as such did not owe a duty
to third parties JP Morgan Chase acted as lenders and its lawyers also missed the mistake The mistake
was only noticed when GM filed for bankruptcy protection in 2009 To read more visit
httpwwwgloballegalpostcombig-storiesmayer-brown-not-liable-for-paralegal-mistake-on-$15-bn-
loan-73921531
Lawyer and paralegal arrested after being found with meth pipes and other drug paraphernalia
The attorney claimed that the equipment didnt belong to him (my paralegal did it defense) To read
more visit httpwwwarkansasmatterscomnewslocal-newsconway-lawyer-and-paralegal-arrested-on-
drug-possession769588833
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 36
DIAMOND SPONSORS
National Health Finance
ABI Document Support Services
RUBY SPONSORS
Nationwide Legal Inc
Vocational Diagnostics Inc
EMERALD SPONSORS
MBA Legal Transcription
First Legal Network
LexisNexis
Coash amp Coash
Robert E ldquoBobrdquo Underdown The Insurance Archaeologist
Jones Skelton amp Hochuli
THANK YOU TO OUR SPONSORS AT OUR ANNUAL LEGAL CONFERENCE AND 40TH ANNIVERSARY CELEBRATION
Thank you to the individuals and businesses that support the Arizona Paralegal
Association in our efforts to promote and educate the paralegal community by
becoming Legal Seminar Sponsors The assistance of our sponsors has been vital in
bringing educational programs to paralegals across Arizona This Legal Seminar would
not be possible without the help of the sponsors and we hope you will join us in
PEARL SPONSORS
Compex Legal Services Inc
Kathy Hanchette Premier Designs
Robson Forensic
Parasec
Iron Mountain
Litigation Services
Fronteo
The Morton Group
Integrated Medical Evaluations Inc
Elite Medical Experts
Lynn Tofaute Yanbal Jewelry
Griffin amp Associates
Discovia
Woolston amp Tarter PC
Ottmar amp Associates
Ballard Spahr LLP
DTI Global
Thank you to these Northern Arizona sponsors who have generously donated
prizes for the Arizona Paralegal Association drawing
Murphyrsquos Restaurant Prescott Arizona
Susanne Chacon Scentsy 9287108777
Yavapai Title 9284452528
Mangum Pearce Court Reporting 9284451909
Prescott Law group PLC 9284451909
Emmanuel Lutheran Quilters Prescott Valley
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 37
Congratulations to the Arizona Paralegal Association on 40 years
1 East Washington St Suite 2300
Phoenix AZ 85004
602798-5400
wwwballardspahrcom
6024851488
wwwOtmarAssoccom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 38
APA MEMBER JOB BANK
DONrsquoT FORGET TO CHECK OUR ONLINE
JOB BANK FOR UP-TO-DATE JOB LISTINGS
at httpwwwazparalegalorgjobbank
[In order to view the online Job Bank you must login
to our new website (using your email and password)
If you experience any difficulty logging in please
contact membershipazparalegalorg for assistance]
PARALEGAL - BANKRUPTCY LITIGATION
Position Overview
Under the supervision of one or more lawyer(s) the
Paralegal assists in the delivery of quality efficient
and accessible legal services in the bankruptcy real
estate corporate andor commercial litigation practice
groups
Responsibilities
Draft routine pleadings statements affidavits
andor other legal documentation as appropriate at
the specific direction of attorneys
Prepare initial drafts of legal documents for
bankruptcy proceedings including case captions
and simple pleadings such as claim forms requests
for notice or judicial notice etc
Arrange Court Call appearances communicates
and cooperates with Court clerks on filings and
appearance requirements and interacts with Court
personnel as necessary to serve client needs
Prepare initial drafts of fee applications when
representing estate professionals and oversecured
creditors in bankruptcy cases and in connection
with fee awards in other litigation contexts
including exhibits and declarations in support
Compile documents in connection with appeals
including designations and indexes of the record
district court elections and requests for transcripts
Draft notices of appearance substitutions of
counsel documents pro hac vice applications and
corporate ownership statements
Assist with discovery-related filings including
Bankruptcy Rule 2004 examination applications
notices and orders subpoenas and notice of
servicecompliance
Manage non-judicial trustees sale process
including security instrument review public
record filing review notice drafting service
completion bid compilation sale procedures
communications with interested parties deed upon
sale drafting and all necessary public recording
and filing
Perform ECF filings and review local rules for
pleading forms notice and service requirements
Fulfill duties to deliver court copies courtesy
copies lodged order uploads in pdf or Word and
complies with all local rule requirements
Organize index and track large numbers of
documents including development of information
(Continued on page 39)
DO YOU KNOW OF A PARALEGAL POSITION AT YOUR PLACE OF EMPLOYMENT
If so advise your employer that the APA offers ad space for paralegal jobs to employers free of charge To place a job bank ad or for information on a job send an e-mail to Betsy Wolf at jobbankazparalegalorg
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 39
APA MEMBER JOB BANK
retrieval systems performs all case management
functions
Perform calendaring or docketing of information
as needed
Research and obtain information from various
courts administrative bodies public information
sources etc
Performs electronic research using PACER court
websites Westlaw and Lexis in addition to
Shepardizing and Bluebooking citations
Coordinate efforts with trials and hearings such as
taking notes handling exhibits organizing and
gathering factual information etc
Attend trials or client meetings as needed inside
and outside the office that require face-to-face
contact
Coordinate vendors in conjunction with a project
such as court reporters process servers copy
vendors etc
Track time in DTE and assures that services
provided are properly charged to the client
Track expenses for travel client meetings and
court appearances
Essential Job SpecificationsQualifications
Familiarity with pleading notice and service rules
triggered in Chapter 7 and 11 Bankruptcy Courts
Familiarity with Uniform Commercial Code
enforcement process and procedures
Familiarity with basic corporate formation
practices and procedures
Ability to perform ECF filings
Excellent computer skills including Word Excel
PowerPoint and database applications
Ability to deal professionally with all levels of
clients both internally and externally
Proven ability to solve problems work
independently and tackle projects with minimal
supervision
Ability to be flexible meet deadlines handle
pressure and adapt to changing work priorities
work flow and work assignments
Ability to effectively and respectfully
communicate verbally and in writing with other
staff lawyers management and clients
Ability to organize a large amount of data and files
into an efficient system (both electronic and
hardcopy) for easy filing and retrieval
Ability to maintain confidences as well as build
confidences and trust
Ability to pay close attention to detail
Ability to work overtime up to 10 or more hours
per week
Ability to work off-site at client location(s) for
extended periods of time
Requires the ability to regularly report to work on
the days and times scheduled or alternatively to
work flex hours depending on lawyer and client
needs
Physical Demands
Ability to work in a typical office environment and
lift up to 25 lbs NOTE Reasonable
accommodations may be made to enable
individuals with disabilities to perform the
essential functions
Travel
Ability to travel locally
EducationExperienceCertifications
Bachelors Degree andor Paralegal Certificate
Minimum of two years experience with
bankruptcy and litigation practice(s) at a law firm
Disclaimer
The above statements are intended to describe the
general nature and level of work being performed by
the incumbent in the position They are not intended
to be an exhaustive list of all responsibilities duties
and skills of the employee Duties and responsibilities
may change at any time with or without notice
(Job Bank hellip Continued from page 38)
(Continued on page 40)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 40
How to Apply Please send resume to
lisaspannbryancavecom
Equal Opportunity Employer
LITIGATION PARALEGAL - INSURANCE
DEFENSE
Jones Skelton amp Hochuli is seeking an ambitious
paralegal with 5+ years of experience in general civil
litigation and experience in State and Federal courts
The ideal candidate will have a stable work history
and exceptional communication and organizational
skills We offer a competitive salary and benefits
package and a team-oriented working environment
Please email your resume to Recruitingjshfirmcom
AAEOE
EXPERIENCED LITIGATION PARALEGAL
Dickinson Wright PLLC (Phoenix office) is in need of
a litigation paralegal
Requires a minimum of three yearsrsquo recent experience
in Arizona law
Job Description
Organize and synthesize information through the
preparation of summaries chronologies reports
spreadsheets
Draft and review routine legal documents (eg
privilege logs exhibit lists discovery disclosures
etc)
Assist attorneys on cases by providing
computerized support to help them plan organize
research analyze argue and present their cases in
a more cost and time efficient manner
Provide the day-to-day support of data
management
Assist attorney in trial preparation and set-up of
electronic equipment in the courtroom provides
court assistance as required
Assist with managing cases projects on various
levels and at various stages of the litigation
process
Candidates must have excellent communication skills
for contacting clients experts and other outside
parties have knowledge of state and federal court
rules procedures and e-filing requirements drafting
be self-motivated a team player proficient in MW
Word Outlook 2010 and a working knowledge of
document management systems Relativity and Trial
Director experience is a must
EducationalExperience requirements
Paralegal certificate from ABA school or
certification
We offer a competitive salary and benefits package
and an outstanding work environment All candidates
must submit a cover letter resume and salary history
Please email resumes to
LMandellDickinsonwrightcom
EXPERIENCED FAMILY LAW PARALEGAL
Cantor Law Group an AV-rated six-attorney family
law firm located in downtown Phoenix seeks a sharp
paralegal with at least two years of recent Arizona
family law experience In this position you will work
closely with an associate attorney to manage a case
load of 40+ cases covering a wide range of domestic
relations issues Experience with high-asset andor
DCS cases is a plus Must be a strong writer able to
draft pleadings and correspondence Exceptional
people skills are needed as there is a great deal of
client contact
An attractive compensation and benefits package is
available for the right candidate In addition to a
competitive salary and bonus opportunities we offer
an outstanding benefits package including ten paid
(Job Bank hellip Continued from page 39)
(Continued on page 41)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 41
holidays per year ten days paid vacation days yearly
five days personal paid time off yearly as well as the
availability of medical dental vision and life
insurance A 401K with a very generous employer
match is offered after one year
Requirements
2 years recent Arizona family law experience
Proactive able to handle and direct caseload with
minimal supervision
Attention to detail and excellent follow-up
Excellent analytical capabilities amp writing skills
able to draft substantive motions for attorney
review
Work well as a member of a fast-paced team
Professional appearance demeanor and attitude
Great client relations skills
Excellent computer skills including proficiency in
MS Word and other MS Office applications
Paralegal certification preferred (not required)
Knowledge of Time Matters or other case
management software a plus
Please send resumes to hrdmcantorcom
EXPERIENCED CRIMINAL DEFENSE
PARALEGAL
The Law Offices of David Michael Cantor an AV
rated criminal defense firm in Downtown Phoenix is
seeking an experienced paralegal with felony amp
misdemeanor experience to work closely with our
attorneys Our practice includes the full spectrum of
criminal charges and you will have the opportunity to
work on cases involving drug charges violent crime
sex offenses white collar crime property crime and
DUIs
The job
Proactively manage a substantial caseload without
direct supervision
Prepare and file pleadings according to attorney
instructions
Prepare trial notebooks and handle all trial prep
work
Create high quality correspondence and other
documents with little to no supervision
Maintain professional relationships with law
enforcement and prosecutors
Provide excellent customer service for our clients
Support 1-2 attorneys
We offer
Competitive compensation
Outstanding benefits including medical dental
vision lifeADampD coverage
401K with generous employer match
Paid vacation and sick time
Ten paid holidays per year
You
2+ years of private Arizona defense experience
handling both misdemeanor and felony charges
Familiar with Arizona courts and MVD
Proactive ndash needs little supervision
Great follow-up skills and attention to detail
Excellent writing skills
Professional appearance and behavior
MS Word and other MS Office applications
Keyboard speed 50+ wpm
Reliable
Enjoy being a member of a friendly team of
professionals
Experience with Abacus or other case
management software desirable
Please send resumes to hrdmcantorcom
PARALEGAL
Sentry Insurance is looking for a Paralegal to provide
litigation and administrative support to our Staff
(Job Bank hellip Continued from page 40)
(Continued on page 42)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 42
Counsel operation If you are looking for a career
with great potential choose the company with the
strength and stability to offer it all
What Yoursquoll Do
As the Paralegal yoursquoll assist the attorney staff by
performing legal activities which do not require
attorney signature client advise or appearances in
court In addition yoursquoll
Assist in the preparation of responses to discovery
under direct supervision of an attorney
Perform factual investigations and document
searches
Obtain investigative materials and policy
information
Contact insureds and other witnesses to obtain
factual statements
Coordinate scheduling of litigation activities and
witness appearances
What it Takes
Associate Degree or equivalent work experience
2-5 years of related work experience at least one
year in litigation practice
American Bar Association-Certified Paralegal
Training
Advanced knowledge of case management and
knowledge of and ability to perform legal
research
Experience with resources such as Westlaw and
Lexis
Strong analytical ability and knowledge of
litigation processes
Strong organizational and communication skills
Ability to maintain confidentiality
Strong working knowledge of the Internet
PowerPoint Excel and Word and familiarity with
legal case management software (ProLaw Clio
etc)
Ability to work independently and in multi-
jurisdictional venues
Must be able to meet travel requirements of the
job
What Yoursquoll Receive
We offer an outstanding array of benefits for our
associates including
Competitive Compensation
Group Medical Dental Vision and Life benefits
Generous Paid-Time Off - including Company
Holidays
401k plan with a dollar-for-dollar match on your
first six percent ndash immediate vesting
Access to more than 100 certification designation
and licensing courses
Career advancement opportunities
Why Sentry Insurance
Sentry employees have been helping individuals and
businesses build and protect their futures since 1904
Because of the trust placed in us Sentry is one of the
largest and strongest mutual insurance companies in
the United States and is rated A+ by AM Best the
industrys leading rating authority Sentry offers a full
line of property casualty and life insurance products
to protect businesses cars homes lives and retirement
incomes
So make the right choice - with great potential for
growth an outstanding 401(k) program and a schedule
that offers you a balance between your work and life
choose the company with the strength and stability to
offer it all Choose Sentry Insurance Sentry
Insurance is an Equal Opportunity Employer Apply
online at httpsjobssentrycomsearch119871
FULL-TIME LEGAL SECRETARY ASSISTANT
Mid-sized law office is seeking a self-motivated and
highly organized legal secretary with a minimum of 5
years of experience supporting 2 or more attorneys
Position will support multiple attorneys with case
management assistance calendaring state and federal
court filings formatting correspondence and
(Job Bank hellip Continued from page 41)
(Continued on page 43)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 43
pleadings copying mailing and other clerical duties
Optimal candidate will be able to accept and
implement directives maintain focus in hectic
environment keep attorneys informed of progress at
regular intervals and prioritize multiple projects
Working knowledge of MS Word amp Excel required
Associatersquos degree and background in litigation andor
insurance preferred EEOC Please email reacutesumeacute and
cover letter with salary requirements to
admincdslawfirmcom
EXPERIENCED PLAINTIFFS PERSONAL
INJURY LEGAL ASSISTANT
Small growing fast-paced Central Phoenix Personal
Injury Law Firm seeking full-time Legal Assistant to
join our team
Candidate must have excellent skills and 5 years
experience in a Plaintiffs Personal Injury Law Firm
with an ability to perform in a fast paced environment
Bi-lingual (SpanishEnglish) preferred but not
required Position involves significant interaction with
clients and requires attention to detail Good
organizational skills with a strong work ethic are
essential as is the ability to multi-task
Responsibilities include handling a large pre-litigation
caseload interfacing with attorneys and legal
assistants Must be proficient with MS Word Outlook
and Needles Case Management (preferred but not
necessary) Salary is competitive and DOE
Qualified candidates should e-mail resume with a
cover letter detailing their skills employment history
and salary requirements to
acoronadoblakefirmcom
(Job Bank hellip Continued from page 42)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 44
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
NALA Campus LIVE - Live web seminars are offered in two sessions each year FebruarymdashMay and AugustmdashNovember Each ses-sion features about 30 on-line seminars The audio files and handout material are copyrighted by NALA and the authors They are for personal use only Duplication of any of the material or any commercial use is strictly prohibited
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics httpswwwnalaorgcontinuing-educationwebinars NALA Campus LIVE - Live web semi-nars are offered in two sessions each year FebruarymdashMay and AugustmdashNovember Each session features about 30 on-line seminars The audio files and handout material are copy-righted by NALA and the authors They are for personal use only Dupli-cation of any of the material or any commercial use is strictly prohibited
82217 Music Law and Intellectual Property Rights
82417 So the Plaintiffrsquos on Medicare
82017 The ABCrsquos of Special Education
In addition to the Live Webinars NALA has On-Demand Webinar Courses available httpswwwnalaorgcontinuing-educationon-demand-webinar NALA also has a wide variety of available Self-Study courses as well as the Live Webinars You can access the Self-Study courses here httpswwwnalaorgcontinuing-educationself-study Many of these courses are recommended for preparing for the CP exam
NATIONAL BUSINESS INSTITUTE
wwwnbi-semscom
Live Video Webcasts
httpwwwnbi-semscomDefaultaspxVideo-WebcastsNavigationDataSource1=N63782
OnDemand amp Downloads
httpwwwnbi-semscomContentaspxst=ArizonaampNavigationDataSource1=N63932-63947
8817 Probate Boot Camp
8917 Real Estate Title and Conveyance Handling the Top
Issues
8917 Marijuana Business Legal Considerations
81417 Legal Descriptions Title Insurance and Surveys in Real
Estate Transactions
81517 Advanced Custody and Support Issues
81617 Personal Injury Trials 101
82117 Trusts from Start to Finish
82217 How to Get Your Clients Paid Debt Collection 101
82317 Bankruptcy The Ultimate Guide to Chapter 7 and 13
82817 Conflicts of Interest A Practical Legal Ethics Guide
82917 Using LLCs to Protect Assets
83017 Complex Social Security Law Issues
83017 Dealing With Problem Employees A Legal Response
Guide
And many morehellip
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 45
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
Lorman Live Webinars wwwlormancom You can find many more seminars listed at httpwwwlormancomlive-webinar
ON DEMAND WEBINARS
There are many OnDemand Webinars to choose from also
httpwwwlormancomondemand
8317 Electronic Record Retention Mistakes HR
Professionals Can Avoid
8317 HUD Section 3 Compliance Tips for Governments
8417 Paralegals Guide to Unauthorized Practice of Law
8817 Protecting High-Risk Clientsrsquo Assets Against lawsuits
8817 Tips and Tricks to Improve Your Telephone Attitude
8917 Rules and Guidelines When Dealing With Statute of
Limitations
8917 Utilizing Formulas in Microsoft Excel
81017 Early Retirement Incentives Navigating the Legal
Issues
And many more
Maricopa County Bar Association CLE CALENDAR
httpmcbasite-ymcomeventsevent_listasp
LEXIS NEXIS Paralegal Community
has some good information as well
Check it out at httplawlexisnexiscomcommunityportalarticlesdefaultaspxg=QfsTyLJ1USs=ampc=EZggD7hDKLw=
Arizona Bar Association wwwazbarorgCLE
OnDemand CLE
httpsazbarinreachcecomSearchmediaType=494a95bb-1e05-4c5b-a25f-36ad84bd4c39
82217 State Bar of Arizona Course on Professionalism
82317 Steering Clear of Malpractice Road Bumps
82417 Traffic Offenses
82517 Probate Rule 10(E)(2) Subsequent Training for Court-
Appointed Counsel
83017 A Survey of Family Law
And many more
ALA-ABI wwwali-abaorg
The ALI-ABA site has excellent online CLE courses forms printed books MP3 CDROMs CLE DVDs CLE MP3 Downloads CLE Court Materials and Course Papers
81017 Powers of Attorney Latest Legal Developments
81717 Creating and Maintaining a Paperless Practice
Improve Workflow Increase Efficiency
82317 Hot Topics in Legal Ethics
And many more
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 46
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
Organization for Legal Professionals wwwtheolporgeducation
Online Courses
Litigation Support Project Management
Paralegal Management Certificate Program
Project Management in Electronic Discovery
Computer Technology Skills for Paralegals
Legal amp EDiscovery Project Management Course
Institute of Paralegal Education httpipenbi-semscomContentaspxNavigationDataSource1=N63943 Webcasts amp Webinars httpipenbi-semscomContentaspxNavigationDataSource1=Rpp20NspEventDateSort7c1017c17cN63944-4294952056
Webcasts amp Webinars
8217 Medical records Made Easy for Paralegals
8817 Case Management for Paralegals Managing
Documents Files Calendars and Tasks
81717 A Paralegalrsquos Guide to Divorce Cases
82217 The Paralegalrsquos Guide to Probate
82317 Construction Law 101 for Paralegals
82417 Corporate Minute Books A How-To Guide for
Paralegals
82917 Smartphone Apps and Tricks for Paralegals
83017 Managing the Discovery Process A Paralegalrsquos Guide
91217 Paralegalrsquos Guide to Legal Research and Citation
Management
National Constitution Center wwwconstitutionconferencescom
8817 Legal and binding E-Contracts What Works in a Digital World
82117 Retaliation Claims Protect Clients from EEOC Charges amp Private Suits
West Legal Education wwwwestlegaledcentercom
If you know of any other sources for CLE and would like listings to be placed in this
publication please email Newsletterazparalegalorg
- Front Cover
- Table of Contents
- Board of Directors
- APA Announcements
- APA Member News
- 10 Employer Considerations in Light of Arizonas New Paid Sick Time
- Paralegals strike out on firing claims
- Wearable technology Counting the steps to a defense verdict
- August Webinar
- To Lay or Lie
- Sticky Business Etiquette Questions amp Answers
- September Webinar
- Tucson Paralegal Associations 38th Annual Seminar
- The Verdict
- The Brief
- NewBytes
- APA Job Bank
- Got CLE
-
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 28
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 29
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 30
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 31
Jason Bagley
Senior Territory Manager
(602) 559-4587
jasonbagleylexisnexiscom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 32
GENDER EQUALITY
The process of voir dire sometimes includes
subtle and not-so-subtle attempts at gender
stacking of jurors to prevent or create bias
toward a plaintiff Other demographic factors
may be more influential but gender is still
important though not necessarily in the way
one would suspect
The accompanying chart based on California New York and Texas cases reported to VerdictSearch depicts
plaintiffsrsquo winning percentages according to the plaintiffrsquos gender and the juryrsquos composition Bias is evident
but it is not dependent on the plaintiffrsquos gender
Any plaintiffrsquos winning percentage is substantially greater when his or her case is heard by a female-
dominated jury rather than a male-dominated jury or a gender-neutral jury The takeaway All other factors
being equal plaintiffs are best served by female jurors The equation flips when it comes to awarding
damages but thatrsquos a topic for another study
Thank you to Verdict Search for this analysis To learn more about VerdictSearch visit
wwwVerdictSearchcom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 33
Vol 13 No 8 August 2017
Fees Increase in One Week
Most filing and service fees will increase on Wednesday August 9 2017 Documents submitted for filing that are received by the Clerks office (file counter by mail or through a filing depository box) on or before August 8 will be subject to the current fees Documents received for filing on and after August 9 will be subject to the new fees Fees are posted on the Clerkrsquos website at httpwwwclerkofcourtmaricopagovfeesasp
Appeal and Cost Bond Info Online
Court rules statutes court orders or other authorities may require posting appeal or cost bonds with the Clerks Office Depending on the type of issue the parties the complexity of the case and other factors years can pass between the bond posting date and resolution of related issues During that time parties attorneys and the courts may overlook issuing a court order releasing the money The Clerks Office holds the funds until a court order directs the Clerk specifically what to do with those funds The Clerkrsquos Office has now posted lists online of bonds posted with the Clerks Office where the need for the bond may have ended and no court order was filed allowing the Clerk to return the money If you or your clients posted an appeal or cost bond in any case it is worth checking if funds are still on hold
Customers can search the online lists by party name or case number A party or their attorney must file a petition with the court requesting an order be issued directing the Clerk to release these funds The Clerks Office will only release money by court order and only as specifically directed in the order For more information about the deposit or release of these funds including specific information the Clerkrsquos Office needs before releasing money see the Clerkrsquos website at httpwwwclerkofcourtmaricopagovrelease_bondsasp The Clerks Office will only assist parties to a case or their attorneys Third-party vendors personal representatives and other non-parties must be named in a court order to obtain detailed information or to receive a payment check
Law Library Resource Center Filings Grow by Leaps and Bounds
Last year the Superior Court in Maricopa County renamed relocated and expanded its self-service center into the Law Library Resource Center (LLRC) The Clerkrsquos Office staffs a filing counter within the downtown Phoenix LLRC to allow customers a one-stop-shop for research drafting and filing court documents Filings within the LLRC have gone up every month since its establishment In January 2017 the file counter handled 406 transactions and nearly doubled that volume by the end of March 2017 with 802 transactions In June the file counter processed more than 1000 transactions Clerk staff at this window can process fee deferral applications adding to customersrsquo onsite convenience For more information about the LLRCrsquos services locations and other details see the Superior Courtrsquos website at httpswwwsuperiorcourtmaricopagovSuperiorCourtLawLibraryResourceCenter
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 34
THANK YOU
Our Charity Raffle Prize Drawing for this beautiful quilt donated by the Emmanuel Lutheran Quilters of Prescott Valley Arizona raised $350
All proceeds have been provided to Feed Hungry Children Program in Prescott Valley Arizona
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 35
Paralegal robot reviews patent documents There is a new software RoboReview that helps patent
lawyers draft applications that are more likely to pass muster with the USPTO It automates paralegal
work bringing more rigor to the task of researching prior art and potentially saving thousands of dollars
on a filing Typically this review is done by humans doing multiple searches To read more visit the
ABA Journal httpwwwabajournalcomnewsarticlepatent_document_robot_legal_review
Paralegal cries after being charged with stealing $12 million from law firm The paralegal was an
office manager for a law firm in downtown Toledo where prosecutors allege she embezzles money from
the firm and from the trust account of a disabled client between 2008 and September 2015 The suit
claims that the paralegal forged signatures and falsified bookkeeping software and other records to steal
from the firm The paralegal cried throughout the bond hearing She has been fired To read more about
this case visit httpwwwtoledobladecomCourts20170712Bond-set-at-100K-for-office-manager-
charged-with-embezzling-1-2Mhtml
Paralegal re-appointed to Florida Bar Section Priscilla Horn Warren a nationally and Florida
certified paralegal will continue to serve on the States Solo and Small Firm Section as their paralegal
representative for 2017-2018 term Warren has continuously served as paralegal liaison with the section
since 1995
Law Firm not liable for paralegal mistake on $15 bn loan A New York Judge found that the firm did
not owe a duty of case to third parties The paralegal had accidentally cancelled the security interest of a
$15 billion loan to General Motors The firm did not represent the lenders and as such did not owe a duty
to third parties JP Morgan Chase acted as lenders and its lawyers also missed the mistake The mistake
was only noticed when GM filed for bankruptcy protection in 2009 To read more visit
httpwwwgloballegalpostcombig-storiesmayer-brown-not-liable-for-paralegal-mistake-on-$15-bn-
loan-73921531
Lawyer and paralegal arrested after being found with meth pipes and other drug paraphernalia
The attorney claimed that the equipment didnt belong to him (my paralegal did it defense) To read
more visit httpwwwarkansasmatterscomnewslocal-newsconway-lawyer-and-paralegal-arrested-on-
drug-possession769588833
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 36
DIAMOND SPONSORS
National Health Finance
ABI Document Support Services
RUBY SPONSORS
Nationwide Legal Inc
Vocational Diagnostics Inc
EMERALD SPONSORS
MBA Legal Transcription
First Legal Network
LexisNexis
Coash amp Coash
Robert E ldquoBobrdquo Underdown The Insurance Archaeologist
Jones Skelton amp Hochuli
THANK YOU TO OUR SPONSORS AT OUR ANNUAL LEGAL CONFERENCE AND 40TH ANNIVERSARY CELEBRATION
Thank you to the individuals and businesses that support the Arizona Paralegal
Association in our efforts to promote and educate the paralegal community by
becoming Legal Seminar Sponsors The assistance of our sponsors has been vital in
bringing educational programs to paralegals across Arizona This Legal Seminar would
not be possible without the help of the sponsors and we hope you will join us in
PEARL SPONSORS
Compex Legal Services Inc
Kathy Hanchette Premier Designs
Robson Forensic
Parasec
Iron Mountain
Litigation Services
Fronteo
The Morton Group
Integrated Medical Evaluations Inc
Elite Medical Experts
Lynn Tofaute Yanbal Jewelry
Griffin amp Associates
Discovia
Woolston amp Tarter PC
Ottmar amp Associates
Ballard Spahr LLP
DTI Global
Thank you to these Northern Arizona sponsors who have generously donated
prizes for the Arizona Paralegal Association drawing
Murphyrsquos Restaurant Prescott Arizona
Susanne Chacon Scentsy 9287108777
Yavapai Title 9284452528
Mangum Pearce Court Reporting 9284451909
Prescott Law group PLC 9284451909
Emmanuel Lutheran Quilters Prescott Valley
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 37
Congratulations to the Arizona Paralegal Association on 40 years
1 East Washington St Suite 2300
Phoenix AZ 85004
602798-5400
wwwballardspahrcom
6024851488
wwwOtmarAssoccom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 38
APA MEMBER JOB BANK
DONrsquoT FORGET TO CHECK OUR ONLINE
JOB BANK FOR UP-TO-DATE JOB LISTINGS
at httpwwwazparalegalorgjobbank
[In order to view the online Job Bank you must login
to our new website (using your email and password)
If you experience any difficulty logging in please
contact membershipazparalegalorg for assistance]
PARALEGAL - BANKRUPTCY LITIGATION
Position Overview
Under the supervision of one or more lawyer(s) the
Paralegal assists in the delivery of quality efficient
and accessible legal services in the bankruptcy real
estate corporate andor commercial litigation practice
groups
Responsibilities
Draft routine pleadings statements affidavits
andor other legal documentation as appropriate at
the specific direction of attorneys
Prepare initial drafts of legal documents for
bankruptcy proceedings including case captions
and simple pleadings such as claim forms requests
for notice or judicial notice etc
Arrange Court Call appearances communicates
and cooperates with Court clerks on filings and
appearance requirements and interacts with Court
personnel as necessary to serve client needs
Prepare initial drafts of fee applications when
representing estate professionals and oversecured
creditors in bankruptcy cases and in connection
with fee awards in other litigation contexts
including exhibits and declarations in support
Compile documents in connection with appeals
including designations and indexes of the record
district court elections and requests for transcripts
Draft notices of appearance substitutions of
counsel documents pro hac vice applications and
corporate ownership statements
Assist with discovery-related filings including
Bankruptcy Rule 2004 examination applications
notices and orders subpoenas and notice of
servicecompliance
Manage non-judicial trustees sale process
including security instrument review public
record filing review notice drafting service
completion bid compilation sale procedures
communications with interested parties deed upon
sale drafting and all necessary public recording
and filing
Perform ECF filings and review local rules for
pleading forms notice and service requirements
Fulfill duties to deliver court copies courtesy
copies lodged order uploads in pdf or Word and
complies with all local rule requirements
Organize index and track large numbers of
documents including development of information
(Continued on page 39)
DO YOU KNOW OF A PARALEGAL POSITION AT YOUR PLACE OF EMPLOYMENT
If so advise your employer that the APA offers ad space for paralegal jobs to employers free of charge To place a job bank ad or for information on a job send an e-mail to Betsy Wolf at jobbankazparalegalorg
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 39
APA MEMBER JOB BANK
retrieval systems performs all case management
functions
Perform calendaring or docketing of information
as needed
Research and obtain information from various
courts administrative bodies public information
sources etc
Performs electronic research using PACER court
websites Westlaw and Lexis in addition to
Shepardizing and Bluebooking citations
Coordinate efforts with trials and hearings such as
taking notes handling exhibits organizing and
gathering factual information etc
Attend trials or client meetings as needed inside
and outside the office that require face-to-face
contact
Coordinate vendors in conjunction with a project
such as court reporters process servers copy
vendors etc
Track time in DTE and assures that services
provided are properly charged to the client
Track expenses for travel client meetings and
court appearances
Essential Job SpecificationsQualifications
Familiarity with pleading notice and service rules
triggered in Chapter 7 and 11 Bankruptcy Courts
Familiarity with Uniform Commercial Code
enforcement process and procedures
Familiarity with basic corporate formation
practices and procedures
Ability to perform ECF filings
Excellent computer skills including Word Excel
PowerPoint and database applications
Ability to deal professionally with all levels of
clients both internally and externally
Proven ability to solve problems work
independently and tackle projects with minimal
supervision
Ability to be flexible meet deadlines handle
pressure and adapt to changing work priorities
work flow and work assignments
Ability to effectively and respectfully
communicate verbally and in writing with other
staff lawyers management and clients
Ability to organize a large amount of data and files
into an efficient system (both electronic and
hardcopy) for easy filing and retrieval
Ability to maintain confidences as well as build
confidences and trust
Ability to pay close attention to detail
Ability to work overtime up to 10 or more hours
per week
Ability to work off-site at client location(s) for
extended periods of time
Requires the ability to regularly report to work on
the days and times scheduled or alternatively to
work flex hours depending on lawyer and client
needs
Physical Demands
Ability to work in a typical office environment and
lift up to 25 lbs NOTE Reasonable
accommodations may be made to enable
individuals with disabilities to perform the
essential functions
Travel
Ability to travel locally
EducationExperienceCertifications
Bachelors Degree andor Paralegal Certificate
Minimum of two years experience with
bankruptcy and litigation practice(s) at a law firm
Disclaimer
The above statements are intended to describe the
general nature and level of work being performed by
the incumbent in the position They are not intended
to be an exhaustive list of all responsibilities duties
and skills of the employee Duties and responsibilities
may change at any time with or without notice
(Job Bank hellip Continued from page 38)
(Continued on page 40)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 40
How to Apply Please send resume to
lisaspannbryancavecom
Equal Opportunity Employer
LITIGATION PARALEGAL - INSURANCE
DEFENSE
Jones Skelton amp Hochuli is seeking an ambitious
paralegal with 5+ years of experience in general civil
litigation and experience in State and Federal courts
The ideal candidate will have a stable work history
and exceptional communication and organizational
skills We offer a competitive salary and benefits
package and a team-oriented working environment
Please email your resume to Recruitingjshfirmcom
AAEOE
EXPERIENCED LITIGATION PARALEGAL
Dickinson Wright PLLC (Phoenix office) is in need of
a litigation paralegal
Requires a minimum of three yearsrsquo recent experience
in Arizona law
Job Description
Organize and synthesize information through the
preparation of summaries chronologies reports
spreadsheets
Draft and review routine legal documents (eg
privilege logs exhibit lists discovery disclosures
etc)
Assist attorneys on cases by providing
computerized support to help them plan organize
research analyze argue and present their cases in
a more cost and time efficient manner
Provide the day-to-day support of data
management
Assist attorney in trial preparation and set-up of
electronic equipment in the courtroom provides
court assistance as required
Assist with managing cases projects on various
levels and at various stages of the litigation
process
Candidates must have excellent communication skills
for contacting clients experts and other outside
parties have knowledge of state and federal court
rules procedures and e-filing requirements drafting
be self-motivated a team player proficient in MW
Word Outlook 2010 and a working knowledge of
document management systems Relativity and Trial
Director experience is a must
EducationalExperience requirements
Paralegal certificate from ABA school or
certification
We offer a competitive salary and benefits package
and an outstanding work environment All candidates
must submit a cover letter resume and salary history
Please email resumes to
LMandellDickinsonwrightcom
EXPERIENCED FAMILY LAW PARALEGAL
Cantor Law Group an AV-rated six-attorney family
law firm located in downtown Phoenix seeks a sharp
paralegal with at least two years of recent Arizona
family law experience In this position you will work
closely with an associate attorney to manage a case
load of 40+ cases covering a wide range of domestic
relations issues Experience with high-asset andor
DCS cases is a plus Must be a strong writer able to
draft pleadings and correspondence Exceptional
people skills are needed as there is a great deal of
client contact
An attractive compensation and benefits package is
available for the right candidate In addition to a
competitive salary and bonus opportunities we offer
an outstanding benefits package including ten paid
(Job Bank hellip Continued from page 39)
(Continued on page 41)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 41
holidays per year ten days paid vacation days yearly
five days personal paid time off yearly as well as the
availability of medical dental vision and life
insurance A 401K with a very generous employer
match is offered after one year
Requirements
2 years recent Arizona family law experience
Proactive able to handle and direct caseload with
minimal supervision
Attention to detail and excellent follow-up
Excellent analytical capabilities amp writing skills
able to draft substantive motions for attorney
review
Work well as a member of a fast-paced team
Professional appearance demeanor and attitude
Great client relations skills
Excellent computer skills including proficiency in
MS Word and other MS Office applications
Paralegal certification preferred (not required)
Knowledge of Time Matters or other case
management software a plus
Please send resumes to hrdmcantorcom
EXPERIENCED CRIMINAL DEFENSE
PARALEGAL
The Law Offices of David Michael Cantor an AV
rated criminal defense firm in Downtown Phoenix is
seeking an experienced paralegal with felony amp
misdemeanor experience to work closely with our
attorneys Our practice includes the full spectrum of
criminal charges and you will have the opportunity to
work on cases involving drug charges violent crime
sex offenses white collar crime property crime and
DUIs
The job
Proactively manage a substantial caseload without
direct supervision
Prepare and file pleadings according to attorney
instructions
Prepare trial notebooks and handle all trial prep
work
Create high quality correspondence and other
documents with little to no supervision
Maintain professional relationships with law
enforcement and prosecutors
Provide excellent customer service for our clients
Support 1-2 attorneys
We offer
Competitive compensation
Outstanding benefits including medical dental
vision lifeADampD coverage
401K with generous employer match
Paid vacation and sick time
Ten paid holidays per year
You
2+ years of private Arizona defense experience
handling both misdemeanor and felony charges
Familiar with Arizona courts and MVD
Proactive ndash needs little supervision
Great follow-up skills and attention to detail
Excellent writing skills
Professional appearance and behavior
MS Word and other MS Office applications
Keyboard speed 50+ wpm
Reliable
Enjoy being a member of a friendly team of
professionals
Experience with Abacus or other case
management software desirable
Please send resumes to hrdmcantorcom
PARALEGAL
Sentry Insurance is looking for a Paralegal to provide
litigation and administrative support to our Staff
(Job Bank hellip Continued from page 40)
(Continued on page 42)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 42
Counsel operation If you are looking for a career
with great potential choose the company with the
strength and stability to offer it all
What Yoursquoll Do
As the Paralegal yoursquoll assist the attorney staff by
performing legal activities which do not require
attorney signature client advise or appearances in
court In addition yoursquoll
Assist in the preparation of responses to discovery
under direct supervision of an attorney
Perform factual investigations and document
searches
Obtain investigative materials and policy
information
Contact insureds and other witnesses to obtain
factual statements
Coordinate scheduling of litigation activities and
witness appearances
What it Takes
Associate Degree or equivalent work experience
2-5 years of related work experience at least one
year in litigation practice
American Bar Association-Certified Paralegal
Training
Advanced knowledge of case management and
knowledge of and ability to perform legal
research
Experience with resources such as Westlaw and
Lexis
Strong analytical ability and knowledge of
litigation processes
Strong organizational and communication skills
Ability to maintain confidentiality
Strong working knowledge of the Internet
PowerPoint Excel and Word and familiarity with
legal case management software (ProLaw Clio
etc)
Ability to work independently and in multi-
jurisdictional venues
Must be able to meet travel requirements of the
job
What Yoursquoll Receive
We offer an outstanding array of benefits for our
associates including
Competitive Compensation
Group Medical Dental Vision and Life benefits
Generous Paid-Time Off - including Company
Holidays
401k plan with a dollar-for-dollar match on your
first six percent ndash immediate vesting
Access to more than 100 certification designation
and licensing courses
Career advancement opportunities
Why Sentry Insurance
Sentry employees have been helping individuals and
businesses build and protect their futures since 1904
Because of the trust placed in us Sentry is one of the
largest and strongest mutual insurance companies in
the United States and is rated A+ by AM Best the
industrys leading rating authority Sentry offers a full
line of property casualty and life insurance products
to protect businesses cars homes lives and retirement
incomes
So make the right choice - with great potential for
growth an outstanding 401(k) program and a schedule
that offers you a balance between your work and life
choose the company with the strength and stability to
offer it all Choose Sentry Insurance Sentry
Insurance is an Equal Opportunity Employer Apply
online at httpsjobssentrycomsearch119871
FULL-TIME LEGAL SECRETARY ASSISTANT
Mid-sized law office is seeking a self-motivated and
highly organized legal secretary with a minimum of 5
years of experience supporting 2 or more attorneys
Position will support multiple attorneys with case
management assistance calendaring state and federal
court filings formatting correspondence and
(Job Bank hellip Continued from page 41)
(Continued on page 43)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 43
pleadings copying mailing and other clerical duties
Optimal candidate will be able to accept and
implement directives maintain focus in hectic
environment keep attorneys informed of progress at
regular intervals and prioritize multiple projects
Working knowledge of MS Word amp Excel required
Associatersquos degree and background in litigation andor
insurance preferred EEOC Please email reacutesumeacute and
cover letter with salary requirements to
admincdslawfirmcom
EXPERIENCED PLAINTIFFS PERSONAL
INJURY LEGAL ASSISTANT
Small growing fast-paced Central Phoenix Personal
Injury Law Firm seeking full-time Legal Assistant to
join our team
Candidate must have excellent skills and 5 years
experience in a Plaintiffs Personal Injury Law Firm
with an ability to perform in a fast paced environment
Bi-lingual (SpanishEnglish) preferred but not
required Position involves significant interaction with
clients and requires attention to detail Good
organizational skills with a strong work ethic are
essential as is the ability to multi-task
Responsibilities include handling a large pre-litigation
caseload interfacing with attorneys and legal
assistants Must be proficient with MS Word Outlook
and Needles Case Management (preferred but not
necessary) Salary is competitive and DOE
Qualified candidates should e-mail resume with a
cover letter detailing their skills employment history
and salary requirements to
acoronadoblakefirmcom
(Job Bank hellip Continued from page 42)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 44
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
NALA Campus LIVE - Live web seminars are offered in two sessions each year FebruarymdashMay and AugustmdashNovember Each ses-sion features about 30 on-line seminars The audio files and handout material are copyrighted by NALA and the authors They are for personal use only Duplication of any of the material or any commercial use is strictly prohibited
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics httpswwwnalaorgcontinuing-educationwebinars NALA Campus LIVE - Live web semi-nars are offered in two sessions each year FebruarymdashMay and AugustmdashNovember Each session features about 30 on-line seminars The audio files and handout material are copy-righted by NALA and the authors They are for personal use only Dupli-cation of any of the material or any commercial use is strictly prohibited
82217 Music Law and Intellectual Property Rights
82417 So the Plaintiffrsquos on Medicare
82017 The ABCrsquos of Special Education
In addition to the Live Webinars NALA has On-Demand Webinar Courses available httpswwwnalaorgcontinuing-educationon-demand-webinar NALA also has a wide variety of available Self-Study courses as well as the Live Webinars You can access the Self-Study courses here httpswwwnalaorgcontinuing-educationself-study Many of these courses are recommended for preparing for the CP exam
NATIONAL BUSINESS INSTITUTE
wwwnbi-semscom
Live Video Webcasts
httpwwwnbi-semscomDefaultaspxVideo-WebcastsNavigationDataSource1=N63782
OnDemand amp Downloads
httpwwwnbi-semscomContentaspxst=ArizonaampNavigationDataSource1=N63932-63947
8817 Probate Boot Camp
8917 Real Estate Title and Conveyance Handling the Top
Issues
8917 Marijuana Business Legal Considerations
81417 Legal Descriptions Title Insurance and Surveys in Real
Estate Transactions
81517 Advanced Custody and Support Issues
81617 Personal Injury Trials 101
82117 Trusts from Start to Finish
82217 How to Get Your Clients Paid Debt Collection 101
82317 Bankruptcy The Ultimate Guide to Chapter 7 and 13
82817 Conflicts of Interest A Practical Legal Ethics Guide
82917 Using LLCs to Protect Assets
83017 Complex Social Security Law Issues
83017 Dealing With Problem Employees A Legal Response
Guide
And many morehellip
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 45
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
Lorman Live Webinars wwwlormancom You can find many more seminars listed at httpwwwlormancomlive-webinar
ON DEMAND WEBINARS
There are many OnDemand Webinars to choose from also
httpwwwlormancomondemand
8317 Electronic Record Retention Mistakes HR
Professionals Can Avoid
8317 HUD Section 3 Compliance Tips for Governments
8417 Paralegals Guide to Unauthorized Practice of Law
8817 Protecting High-Risk Clientsrsquo Assets Against lawsuits
8817 Tips and Tricks to Improve Your Telephone Attitude
8917 Rules and Guidelines When Dealing With Statute of
Limitations
8917 Utilizing Formulas in Microsoft Excel
81017 Early Retirement Incentives Navigating the Legal
Issues
And many more
Maricopa County Bar Association CLE CALENDAR
httpmcbasite-ymcomeventsevent_listasp
LEXIS NEXIS Paralegal Community
has some good information as well
Check it out at httplawlexisnexiscomcommunityportalarticlesdefaultaspxg=QfsTyLJ1USs=ampc=EZggD7hDKLw=
Arizona Bar Association wwwazbarorgCLE
OnDemand CLE
httpsazbarinreachcecomSearchmediaType=494a95bb-1e05-4c5b-a25f-36ad84bd4c39
82217 State Bar of Arizona Course on Professionalism
82317 Steering Clear of Malpractice Road Bumps
82417 Traffic Offenses
82517 Probate Rule 10(E)(2) Subsequent Training for Court-
Appointed Counsel
83017 A Survey of Family Law
And many more
ALA-ABI wwwali-abaorg
The ALI-ABA site has excellent online CLE courses forms printed books MP3 CDROMs CLE DVDs CLE MP3 Downloads CLE Court Materials and Course Papers
81017 Powers of Attorney Latest Legal Developments
81717 Creating and Maintaining a Paperless Practice
Improve Workflow Increase Efficiency
82317 Hot Topics in Legal Ethics
And many more
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 46
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
Organization for Legal Professionals wwwtheolporgeducation
Online Courses
Litigation Support Project Management
Paralegal Management Certificate Program
Project Management in Electronic Discovery
Computer Technology Skills for Paralegals
Legal amp EDiscovery Project Management Course
Institute of Paralegal Education httpipenbi-semscomContentaspxNavigationDataSource1=N63943 Webcasts amp Webinars httpipenbi-semscomContentaspxNavigationDataSource1=Rpp20NspEventDateSort7c1017c17cN63944-4294952056
Webcasts amp Webinars
8217 Medical records Made Easy for Paralegals
8817 Case Management for Paralegals Managing
Documents Files Calendars and Tasks
81717 A Paralegalrsquos Guide to Divorce Cases
82217 The Paralegalrsquos Guide to Probate
82317 Construction Law 101 for Paralegals
82417 Corporate Minute Books A How-To Guide for
Paralegals
82917 Smartphone Apps and Tricks for Paralegals
83017 Managing the Discovery Process A Paralegalrsquos Guide
91217 Paralegalrsquos Guide to Legal Research and Citation
Management
National Constitution Center wwwconstitutionconferencescom
8817 Legal and binding E-Contracts What Works in a Digital World
82117 Retaliation Claims Protect Clients from EEOC Charges amp Private Suits
West Legal Education wwwwestlegaledcentercom
If you know of any other sources for CLE and would like listings to be placed in this
publication please email Newsletterazparalegalorg
- Front Cover
- Table of Contents
- Board of Directors
- APA Announcements
- APA Member News
- 10 Employer Considerations in Light of Arizonas New Paid Sick Time
- Paralegals strike out on firing claims
- Wearable technology Counting the steps to a defense verdict
- August Webinar
- To Lay or Lie
- Sticky Business Etiquette Questions amp Answers
- September Webinar
- Tucson Paralegal Associations 38th Annual Seminar
- The Verdict
- The Brief
- NewBytes
- APA Job Bank
- Got CLE
-
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 29
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 30
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 31
Jason Bagley
Senior Territory Manager
(602) 559-4587
jasonbagleylexisnexiscom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 32
GENDER EQUALITY
The process of voir dire sometimes includes
subtle and not-so-subtle attempts at gender
stacking of jurors to prevent or create bias
toward a plaintiff Other demographic factors
may be more influential but gender is still
important though not necessarily in the way
one would suspect
The accompanying chart based on California New York and Texas cases reported to VerdictSearch depicts
plaintiffsrsquo winning percentages according to the plaintiffrsquos gender and the juryrsquos composition Bias is evident
but it is not dependent on the plaintiffrsquos gender
Any plaintiffrsquos winning percentage is substantially greater when his or her case is heard by a female-
dominated jury rather than a male-dominated jury or a gender-neutral jury The takeaway All other factors
being equal plaintiffs are best served by female jurors The equation flips when it comes to awarding
damages but thatrsquos a topic for another study
Thank you to Verdict Search for this analysis To learn more about VerdictSearch visit
wwwVerdictSearchcom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 33
Vol 13 No 8 August 2017
Fees Increase in One Week
Most filing and service fees will increase on Wednesday August 9 2017 Documents submitted for filing that are received by the Clerks office (file counter by mail or through a filing depository box) on or before August 8 will be subject to the current fees Documents received for filing on and after August 9 will be subject to the new fees Fees are posted on the Clerkrsquos website at httpwwwclerkofcourtmaricopagovfeesasp
Appeal and Cost Bond Info Online
Court rules statutes court orders or other authorities may require posting appeal or cost bonds with the Clerks Office Depending on the type of issue the parties the complexity of the case and other factors years can pass between the bond posting date and resolution of related issues During that time parties attorneys and the courts may overlook issuing a court order releasing the money The Clerks Office holds the funds until a court order directs the Clerk specifically what to do with those funds The Clerkrsquos Office has now posted lists online of bonds posted with the Clerks Office where the need for the bond may have ended and no court order was filed allowing the Clerk to return the money If you or your clients posted an appeal or cost bond in any case it is worth checking if funds are still on hold
Customers can search the online lists by party name or case number A party or their attorney must file a petition with the court requesting an order be issued directing the Clerk to release these funds The Clerks Office will only release money by court order and only as specifically directed in the order For more information about the deposit or release of these funds including specific information the Clerkrsquos Office needs before releasing money see the Clerkrsquos website at httpwwwclerkofcourtmaricopagovrelease_bondsasp The Clerks Office will only assist parties to a case or their attorneys Third-party vendors personal representatives and other non-parties must be named in a court order to obtain detailed information or to receive a payment check
Law Library Resource Center Filings Grow by Leaps and Bounds
Last year the Superior Court in Maricopa County renamed relocated and expanded its self-service center into the Law Library Resource Center (LLRC) The Clerkrsquos Office staffs a filing counter within the downtown Phoenix LLRC to allow customers a one-stop-shop for research drafting and filing court documents Filings within the LLRC have gone up every month since its establishment In January 2017 the file counter handled 406 transactions and nearly doubled that volume by the end of March 2017 with 802 transactions In June the file counter processed more than 1000 transactions Clerk staff at this window can process fee deferral applications adding to customersrsquo onsite convenience For more information about the LLRCrsquos services locations and other details see the Superior Courtrsquos website at httpswwwsuperiorcourtmaricopagovSuperiorCourtLawLibraryResourceCenter
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 34
THANK YOU
Our Charity Raffle Prize Drawing for this beautiful quilt donated by the Emmanuel Lutheran Quilters of Prescott Valley Arizona raised $350
All proceeds have been provided to Feed Hungry Children Program in Prescott Valley Arizona
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 35
Paralegal robot reviews patent documents There is a new software RoboReview that helps patent
lawyers draft applications that are more likely to pass muster with the USPTO It automates paralegal
work bringing more rigor to the task of researching prior art and potentially saving thousands of dollars
on a filing Typically this review is done by humans doing multiple searches To read more visit the
ABA Journal httpwwwabajournalcomnewsarticlepatent_document_robot_legal_review
Paralegal cries after being charged with stealing $12 million from law firm The paralegal was an
office manager for a law firm in downtown Toledo where prosecutors allege she embezzles money from
the firm and from the trust account of a disabled client between 2008 and September 2015 The suit
claims that the paralegal forged signatures and falsified bookkeeping software and other records to steal
from the firm The paralegal cried throughout the bond hearing She has been fired To read more about
this case visit httpwwwtoledobladecomCourts20170712Bond-set-at-100K-for-office-manager-
charged-with-embezzling-1-2Mhtml
Paralegal re-appointed to Florida Bar Section Priscilla Horn Warren a nationally and Florida
certified paralegal will continue to serve on the States Solo and Small Firm Section as their paralegal
representative for 2017-2018 term Warren has continuously served as paralegal liaison with the section
since 1995
Law Firm not liable for paralegal mistake on $15 bn loan A New York Judge found that the firm did
not owe a duty of case to third parties The paralegal had accidentally cancelled the security interest of a
$15 billion loan to General Motors The firm did not represent the lenders and as such did not owe a duty
to third parties JP Morgan Chase acted as lenders and its lawyers also missed the mistake The mistake
was only noticed when GM filed for bankruptcy protection in 2009 To read more visit
httpwwwgloballegalpostcombig-storiesmayer-brown-not-liable-for-paralegal-mistake-on-$15-bn-
loan-73921531
Lawyer and paralegal arrested after being found with meth pipes and other drug paraphernalia
The attorney claimed that the equipment didnt belong to him (my paralegal did it defense) To read
more visit httpwwwarkansasmatterscomnewslocal-newsconway-lawyer-and-paralegal-arrested-on-
drug-possession769588833
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 36
DIAMOND SPONSORS
National Health Finance
ABI Document Support Services
RUBY SPONSORS
Nationwide Legal Inc
Vocational Diagnostics Inc
EMERALD SPONSORS
MBA Legal Transcription
First Legal Network
LexisNexis
Coash amp Coash
Robert E ldquoBobrdquo Underdown The Insurance Archaeologist
Jones Skelton amp Hochuli
THANK YOU TO OUR SPONSORS AT OUR ANNUAL LEGAL CONFERENCE AND 40TH ANNIVERSARY CELEBRATION
Thank you to the individuals and businesses that support the Arizona Paralegal
Association in our efforts to promote and educate the paralegal community by
becoming Legal Seminar Sponsors The assistance of our sponsors has been vital in
bringing educational programs to paralegals across Arizona This Legal Seminar would
not be possible without the help of the sponsors and we hope you will join us in
PEARL SPONSORS
Compex Legal Services Inc
Kathy Hanchette Premier Designs
Robson Forensic
Parasec
Iron Mountain
Litigation Services
Fronteo
The Morton Group
Integrated Medical Evaluations Inc
Elite Medical Experts
Lynn Tofaute Yanbal Jewelry
Griffin amp Associates
Discovia
Woolston amp Tarter PC
Ottmar amp Associates
Ballard Spahr LLP
DTI Global
Thank you to these Northern Arizona sponsors who have generously donated
prizes for the Arizona Paralegal Association drawing
Murphyrsquos Restaurant Prescott Arizona
Susanne Chacon Scentsy 9287108777
Yavapai Title 9284452528
Mangum Pearce Court Reporting 9284451909
Prescott Law group PLC 9284451909
Emmanuel Lutheran Quilters Prescott Valley
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 37
Congratulations to the Arizona Paralegal Association on 40 years
1 East Washington St Suite 2300
Phoenix AZ 85004
602798-5400
wwwballardspahrcom
6024851488
wwwOtmarAssoccom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 38
APA MEMBER JOB BANK
DONrsquoT FORGET TO CHECK OUR ONLINE
JOB BANK FOR UP-TO-DATE JOB LISTINGS
at httpwwwazparalegalorgjobbank
[In order to view the online Job Bank you must login
to our new website (using your email and password)
If you experience any difficulty logging in please
contact membershipazparalegalorg for assistance]
PARALEGAL - BANKRUPTCY LITIGATION
Position Overview
Under the supervision of one or more lawyer(s) the
Paralegal assists in the delivery of quality efficient
and accessible legal services in the bankruptcy real
estate corporate andor commercial litigation practice
groups
Responsibilities
Draft routine pleadings statements affidavits
andor other legal documentation as appropriate at
the specific direction of attorneys
Prepare initial drafts of legal documents for
bankruptcy proceedings including case captions
and simple pleadings such as claim forms requests
for notice or judicial notice etc
Arrange Court Call appearances communicates
and cooperates with Court clerks on filings and
appearance requirements and interacts with Court
personnel as necessary to serve client needs
Prepare initial drafts of fee applications when
representing estate professionals and oversecured
creditors in bankruptcy cases and in connection
with fee awards in other litigation contexts
including exhibits and declarations in support
Compile documents in connection with appeals
including designations and indexes of the record
district court elections and requests for transcripts
Draft notices of appearance substitutions of
counsel documents pro hac vice applications and
corporate ownership statements
Assist with discovery-related filings including
Bankruptcy Rule 2004 examination applications
notices and orders subpoenas and notice of
servicecompliance
Manage non-judicial trustees sale process
including security instrument review public
record filing review notice drafting service
completion bid compilation sale procedures
communications with interested parties deed upon
sale drafting and all necessary public recording
and filing
Perform ECF filings and review local rules for
pleading forms notice and service requirements
Fulfill duties to deliver court copies courtesy
copies lodged order uploads in pdf or Word and
complies with all local rule requirements
Organize index and track large numbers of
documents including development of information
(Continued on page 39)
DO YOU KNOW OF A PARALEGAL POSITION AT YOUR PLACE OF EMPLOYMENT
If so advise your employer that the APA offers ad space for paralegal jobs to employers free of charge To place a job bank ad or for information on a job send an e-mail to Betsy Wolf at jobbankazparalegalorg
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 39
APA MEMBER JOB BANK
retrieval systems performs all case management
functions
Perform calendaring or docketing of information
as needed
Research and obtain information from various
courts administrative bodies public information
sources etc
Performs electronic research using PACER court
websites Westlaw and Lexis in addition to
Shepardizing and Bluebooking citations
Coordinate efforts with trials and hearings such as
taking notes handling exhibits organizing and
gathering factual information etc
Attend trials or client meetings as needed inside
and outside the office that require face-to-face
contact
Coordinate vendors in conjunction with a project
such as court reporters process servers copy
vendors etc
Track time in DTE and assures that services
provided are properly charged to the client
Track expenses for travel client meetings and
court appearances
Essential Job SpecificationsQualifications
Familiarity with pleading notice and service rules
triggered in Chapter 7 and 11 Bankruptcy Courts
Familiarity with Uniform Commercial Code
enforcement process and procedures
Familiarity with basic corporate formation
practices and procedures
Ability to perform ECF filings
Excellent computer skills including Word Excel
PowerPoint and database applications
Ability to deal professionally with all levels of
clients both internally and externally
Proven ability to solve problems work
independently and tackle projects with minimal
supervision
Ability to be flexible meet deadlines handle
pressure and adapt to changing work priorities
work flow and work assignments
Ability to effectively and respectfully
communicate verbally and in writing with other
staff lawyers management and clients
Ability to organize a large amount of data and files
into an efficient system (both electronic and
hardcopy) for easy filing and retrieval
Ability to maintain confidences as well as build
confidences and trust
Ability to pay close attention to detail
Ability to work overtime up to 10 or more hours
per week
Ability to work off-site at client location(s) for
extended periods of time
Requires the ability to regularly report to work on
the days and times scheduled or alternatively to
work flex hours depending on lawyer and client
needs
Physical Demands
Ability to work in a typical office environment and
lift up to 25 lbs NOTE Reasonable
accommodations may be made to enable
individuals with disabilities to perform the
essential functions
Travel
Ability to travel locally
EducationExperienceCertifications
Bachelors Degree andor Paralegal Certificate
Minimum of two years experience with
bankruptcy and litigation practice(s) at a law firm
Disclaimer
The above statements are intended to describe the
general nature and level of work being performed by
the incumbent in the position They are not intended
to be an exhaustive list of all responsibilities duties
and skills of the employee Duties and responsibilities
may change at any time with or without notice
(Job Bank hellip Continued from page 38)
(Continued on page 40)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 40
How to Apply Please send resume to
lisaspannbryancavecom
Equal Opportunity Employer
LITIGATION PARALEGAL - INSURANCE
DEFENSE
Jones Skelton amp Hochuli is seeking an ambitious
paralegal with 5+ years of experience in general civil
litigation and experience in State and Federal courts
The ideal candidate will have a stable work history
and exceptional communication and organizational
skills We offer a competitive salary and benefits
package and a team-oriented working environment
Please email your resume to Recruitingjshfirmcom
AAEOE
EXPERIENCED LITIGATION PARALEGAL
Dickinson Wright PLLC (Phoenix office) is in need of
a litigation paralegal
Requires a minimum of three yearsrsquo recent experience
in Arizona law
Job Description
Organize and synthesize information through the
preparation of summaries chronologies reports
spreadsheets
Draft and review routine legal documents (eg
privilege logs exhibit lists discovery disclosures
etc)
Assist attorneys on cases by providing
computerized support to help them plan organize
research analyze argue and present their cases in
a more cost and time efficient manner
Provide the day-to-day support of data
management
Assist attorney in trial preparation and set-up of
electronic equipment in the courtroom provides
court assistance as required
Assist with managing cases projects on various
levels and at various stages of the litigation
process
Candidates must have excellent communication skills
for contacting clients experts and other outside
parties have knowledge of state and federal court
rules procedures and e-filing requirements drafting
be self-motivated a team player proficient in MW
Word Outlook 2010 and a working knowledge of
document management systems Relativity and Trial
Director experience is a must
EducationalExperience requirements
Paralegal certificate from ABA school or
certification
We offer a competitive salary and benefits package
and an outstanding work environment All candidates
must submit a cover letter resume and salary history
Please email resumes to
LMandellDickinsonwrightcom
EXPERIENCED FAMILY LAW PARALEGAL
Cantor Law Group an AV-rated six-attorney family
law firm located in downtown Phoenix seeks a sharp
paralegal with at least two years of recent Arizona
family law experience In this position you will work
closely with an associate attorney to manage a case
load of 40+ cases covering a wide range of domestic
relations issues Experience with high-asset andor
DCS cases is a plus Must be a strong writer able to
draft pleadings and correspondence Exceptional
people skills are needed as there is a great deal of
client contact
An attractive compensation and benefits package is
available for the right candidate In addition to a
competitive salary and bonus opportunities we offer
an outstanding benefits package including ten paid
(Job Bank hellip Continued from page 39)
(Continued on page 41)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 41
holidays per year ten days paid vacation days yearly
five days personal paid time off yearly as well as the
availability of medical dental vision and life
insurance A 401K with a very generous employer
match is offered after one year
Requirements
2 years recent Arizona family law experience
Proactive able to handle and direct caseload with
minimal supervision
Attention to detail and excellent follow-up
Excellent analytical capabilities amp writing skills
able to draft substantive motions for attorney
review
Work well as a member of a fast-paced team
Professional appearance demeanor and attitude
Great client relations skills
Excellent computer skills including proficiency in
MS Word and other MS Office applications
Paralegal certification preferred (not required)
Knowledge of Time Matters or other case
management software a plus
Please send resumes to hrdmcantorcom
EXPERIENCED CRIMINAL DEFENSE
PARALEGAL
The Law Offices of David Michael Cantor an AV
rated criminal defense firm in Downtown Phoenix is
seeking an experienced paralegal with felony amp
misdemeanor experience to work closely with our
attorneys Our practice includes the full spectrum of
criminal charges and you will have the opportunity to
work on cases involving drug charges violent crime
sex offenses white collar crime property crime and
DUIs
The job
Proactively manage a substantial caseload without
direct supervision
Prepare and file pleadings according to attorney
instructions
Prepare trial notebooks and handle all trial prep
work
Create high quality correspondence and other
documents with little to no supervision
Maintain professional relationships with law
enforcement and prosecutors
Provide excellent customer service for our clients
Support 1-2 attorneys
We offer
Competitive compensation
Outstanding benefits including medical dental
vision lifeADampD coverage
401K with generous employer match
Paid vacation and sick time
Ten paid holidays per year
You
2+ years of private Arizona defense experience
handling both misdemeanor and felony charges
Familiar with Arizona courts and MVD
Proactive ndash needs little supervision
Great follow-up skills and attention to detail
Excellent writing skills
Professional appearance and behavior
MS Word and other MS Office applications
Keyboard speed 50+ wpm
Reliable
Enjoy being a member of a friendly team of
professionals
Experience with Abacus or other case
management software desirable
Please send resumes to hrdmcantorcom
PARALEGAL
Sentry Insurance is looking for a Paralegal to provide
litigation and administrative support to our Staff
(Job Bank hellip Continued from page 40)
(Continued on page 42)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 42
Counsel operation If you are looking for a career
with great potential choose the company with the
strength and stability to offer it all
What Yoursquoll Do
As the Paralegal yoursquoll assist the attorney staff by
performing legal activities which do not require
attorney signature client advise or appearances in
court In addition yoursquoll
Assist in the preparation of responses to discovery
under direct supervision of an attorney
Perform factual investigations and document
searches
Obtain investigative materials and policy
information
Contact insureds and other witnesses to obtain
factual statements
Coordinate scheduling of litigation activities and
witness appearances
What it Takes
Associate Degree or equivalent work experience
2-5 years of related work experience at least one
year in litigation practice
American Bar Association-Certified Paralegal
Training
Advanced knowledge of case management and
knowledge of and ability to perform legal
research
Experience with resources such as Westlaw and
Lexis
Strong analytical ability and knowledge of
litigation processes
Strong organizational and communication skills
Ability to maintain confidentiality
Strong working knowledge of the Internet
PowerPoint Excel and Word and familiarity with
legal case management software (ProLaw Clio
etc)
Ability to work independently and in multi-
jurisdictional venues
Must be able to meet travel requirements of the
job
What Yoursquoll Receive
We offer an outstanding array of benefits for our
associates including
Competitive Compensation
Group Medical Dental Vision and Life benefits
Generous Paid-Time Off - including Company
Holidays
401k plan with a dollar-for-dollar match on your
first six percent ndash immediate vesting
Access to more than 100 certification designation
and licensing courses
Career advancement opportunities
Why Sentry Insurance
Sentry employees have been helping individuals and
businesses build and protect their futures since 1904
Because of the trust placed in us Sentry is one of the
largest and strongest mutual insurance companies in
the United States and is rated A+ by AM Best the
industrys leading rating authority Sentry offers a full
line of property casualty and life insurance products
to protect businesses cars homes lives and retirement
incomes
So make the right choice - with great potential for
growth an outstanding 401(k) program and a schedule
that offers you a balance between your work and life
choose the company with the strength and stability to
offer it all Choose Sentry Insurance Sentry
Insurance is an Equal Opportunity Employer Apply
online at httpsjobssentrycomsearch119871
FULL-TIME LEGAL SECRETARY ASSISTANT
Mid-sized law office is seeking a self-motivated and
highly organized legal secretary with a minimum of 5
years of experience supporting 2 or more attorneys
Position will support multiple attorneys with case
management assistance calendaring state and federal
court filings formatting correspondence and
(Job Bank hellip Continued from page 41)
(Continued on page 43)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 43
pleadings copying mailing and other clerical duties
Optimal candidate will be able to accept and
implement directives maintain focus in hectic
environment keep attorneys informed of progress at
regular intervals and prioritize multiple projects
Working knowledge of MS Word amp Excel required
Associatersquos degree and background in litigation andor
insurance preferred EEOC Please email reacutesumeacute and
cover letter with salary requirements to
admincdslawfirmcom
EXPERIENCED PLAINTIFFS PERSONAL
INJURY LEGAL ASSISTANT
Small growing fast-paced Central Phoenix Personal
Injury Law Firm seeking full-time Legal Assistant to
join our team
Candidate must have excellent skills and 5 years
experience in a Plaintiffs Personal Injury Law Firm
with an ability to perform in a fast paced environment
Bi-lingual (SpanishEnglish) preferred but not
required Position involves significant interaction with
clients and requires attention to detail Good
organizational skills with a strong work ethic are
essential as is the ability to multi-task
Responsibilities include handling a large pre-litigation
caseload interfacing with attorneys and legal
assistants Must be proficient with MS Word Outlook
and Needles Case Management (preferred but not
necessary) Salary is competitive and DOE
Qualified candidates should e-mail resume with a
cover letter detailing their skills employment history
and salary requirements to
acoronadoblakefirmcom
(Job Bank hellip Continued from page 42)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 44
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
NALA Campus LIVE - Live web seminars are offered in two sessions each year FebruarymdashMay and AugustmdashNovember Each ses-sion features about 30 on-line seminars The audio files and handout material are copyrighted by NALA and the authors They are for personal use only Duplication of any of the material or any commercial use is strictly prohibited
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics httpswwwnalaorgcontinuing-educationwebinars NALA Campus LIVE - Live web semi-nars are offered in two sessions each year FebruarymdashMay and AugustmdashNovember Each session features about 30 on-line seminars The audio files and handout material are copy-righted by NALA and the authors They are for personal use only Dupli-cation of any of the material or any commercial use is strictly prohibited
82217 Music Law and Intellectual Property Rights
82417 So the Plaintiffrsquos on Medicare
82017 The ABCrsquos of Special Education
In addition to the Live Webinars NALA has On-Demand Webinar Courses available httpswwwnalaorgcontinuing-educationon-demand-webinar NALA also has a wide variety of available Self-Study courses as well as the Live Webinars You can access the Self-Study courses here httpswwwnalaorgcontinuing-educationself-study Many of these courses are recommended for preparing for the CP exam
NATIONAL BUSINESS INSTITUTE
wwwnbi-semscom
Live Video Webcasts
httpwwwnbi-semscomDefaultaspxVideo-WebcastsNavigationDataSource1=N63782
OnDemand amp Downloads
httpwwwnbi-semscomContentaspxst=ArizonaampNavigationDataSource1=N63932-63947
8817 Probate Boot Camp
8917 Real Estate Title and Conveyance Handling the Top
Issues
8917 Marijuana Business Legal Considerations
81417 Legal Descriptions Title Insurance and Surveys in Real
Estate Transactions
81517 Advanced Custody and Support Issues
81617 Personal Injury Trials 101
82117 Trusts from Start to Finish
82217 How to Get Your Clients Paid Debt Collection 101
82317 Bankruptcy The Ultimate Guide to Chapter 7 and 13
82817 Conflicts of Interest A Practical Legal Ethics Guide
82917 Using LLCs to Protect Assets
83017 Complex Social Security Law Issues
83017 Dealing With Problem Employees A Legal Response
Guide
And many morehellip
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 45
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
Lorman Live Webinars wwwlormancom You can find many more seminars listed at httpwwwlormancomlive-webinar
ON DEMAND WEBINARS
There are many OnDemand Webinars to choose from also
httpwwwlormancomondemand
8317 Electronic Record Retention Mistakes HR
Professionals Can Avoid
8317 HUD Section 3 Compliance Tips for Governments
8417 Paralegals Guide to Unauthorized Practice of Law
8817 Protecting High-Risk Clientsrsquo Assets Against lawsuits
8817 Tips and Tricks to Improve Your Telephone Attitude
8917 Rules and Guidelines When Dealing With Statute of
Limitations
8917 Utilizing Formulas in Microsoft Excel
81017 Early Retirement Incentives Navigating the Legal
Issues
And many more
Maricopa County Bar Association CLE CALENDAR
httpmcbasite-ymcomeventsevent_listasp
LEXIS NEXIS Paralegal Community
has some good information as well
Check it out at httplawlexisnexiscomcommunityportalarticlesdefaultaspxg=QfsTyLJ1USs=ampc=EZggD7hDKLw=
Arizona Bar Association wwwazbarorgCLE
OnDemand CLE
httpsazbarinreachcecomSearchmediaType=494a95bb-1e05-4c5b-a25f-36ad84bd4c39
82217 State Bar of Arizona Course on Professionalism
82317 Steering Clear of Malpractice Road Bumps
82417 Traffic Offenses
82517 Probate Rule 10(E)(2) Subsequent Training for Court-
Appointed Counsel
83017 A Survey of Family Law
And many more
ALA-ABI wwwali-abaorg
The ALI-ABA site has excellent online CLE courses forms printed books MP3 CDROMs CLE DVDs CLE MP3 Downloads CLE Court Materials and Course Papers
81017 Powers of Attorney Latest Legal Developments
81717 Creating and Maintaining a Paperless Practice
Improve Workflow Increase Efficiency
82317 Hot Topics in Legal Ethics
And many more
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 46
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
Organization for Legal Professionals wwwtheolporgeducation
Online Courses
Litigation Support Project Management
Paralegal Management Certificate Program
Project Management in Electronic Discovery
Computer Technology Skills for Paralegals
Legal amp EDiscovery Project Management Course
Institute of Paralegal Education httpipenbi-semscomContentaspxNavigationDataSource1=N63943 Webcasts amp Webinars httpipenbi-semscomContentaspxNavigationDataSource1=Rpp20NspEventDateSort7c1017c17cN63944-4294952056
Webcasts amp Webinars
8217 Medical records Made Easy for Paralegals
8817 Case Management for Paralegals Managing
Documents Files Calendars and Tasks
81717 A Paralegalrsquos Guide to Divorce Cases
82217 The Paralegalrsquos Guide to Probate
82317 Construction Law 101 for Paralegals
82417 Corporate Minute Books A How-To Guide for
Paralegals
82917 Smartphone Apps and Tricks for Paralegals
83017 Managing the Discovery Process A Paralegalrsquos Guide
91217 Paralegalrsquos Guide to Legal Research and Citation
Management
National Constitution Center wwwconstitutionconferencescom
8817 Legal and binding E-Contracts What Works in a Digital World
82117 Retaliation Claims Protect Clients from EEOC Charges amp Private Suits
West Legal Education wwwwestlegaledcentercom
If you know of any other sources for CLE and would like listings to be placed in this
publication please email Newsletterazparalegalorg
- Front Cover
- Table of Contents
- Board of Directors
- APA Announcements
- APA Member News
- 10 Employer Considerations in Light of Arizonas New Paid Sick Time
- Paralegals strike out on firing claims
- Wearable technology Counting the steps to a defense verdict
- August Webinar
- To Lay or Lie
- Sticky Business Etiquette Questions amp Answers
- September Webinar
- Tucson Paralegal Associations 38th Annual Seminar
- The Verdict
- The Brief
- NewBytes
- APA Job Bank
- Got CLE
-
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 30
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 31
Jason Bagley
Senior Territory Manager
(602) 559-4587
jasonbagleylexisnexiscom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 32
GENDER EQUALITY
The process of voir dire sometimes includes
subtle and not-so-subtle attempts at gender
stacking of jurors to prevent or create bias
toward a plaintiff Other demographic factors
may be more influential but gender is still
important though not necessarily in the way
one would suspect
The accompanying chart based on California New York and Texas cases reported to VerdictSearch depicts
plaintiffsrsquo winning percentages according to the plaintiffrsquos gender and the juryrsquos composition Bias is evident
but it is not dependent on the plaintiffrsquos gender
Any plaintiffrsquos winning percentage is substantially greater when his or her case is heard by a female-
dominated jury rather than a male-dominated jury or a gender-neutral jury The takeaway All other factors
being equal plaintiffs are best served by female jurors The equation flips when it comes to awarding
damages but thatrsquos a topic for another study
Thank you to Verdict Search for this analysis To learn more about VerdictSearch visit
wwwVerdictSearchcom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 33
Vol 13 No 8 August 2017
Fees Increase in One Week
Most filing and service fees will increase on Wednesday August 9 2017 Documents submitted for filing that are received by the Clerks office (file counter by mail or through a filing depository box) on or before August 8 will be subject to the current fees Documents received for filing on and after August 9 will be subject to the new fees Fees are posted on the Clerkrsquos website at httpwwwclerkofcourtmaricopagovfeesasp
Appeal and Cost Bond Info Online
Court rules statutes court orders or other authorities may require posting appeal or cost bonds with the Clerks Office Depending on the type of issue the parties the complexity of the case and other factors years can pass between the bond posting date and resolution of related issues During that time parties attorneys and the courts may overlook issuing a court order releasing the money The Clerks Office holds the funds until a court order directs the Clerk specifically what to do with those funds The Clerkrsquos Office has now posted lists online of bonds posted with the Clerks Office where the need for the bond may have ended and no court order was filed allowing the Clerk to return the money If you or your clients posted an appeal or cost bond in any case it is worth checking if funds are still on hold
Customers can search the online lists by party name or case number A party or their attorney must file a petition with the court requesting an order be issued directing the Clerk to release these funds The Clerks Office will only release money by court order and only as specifically directed in the order For more information about the deposit or release of these funds including specific information the Clerkrsquos Office needs before releasing money see the Clerkrsquos website at httpwwwclerkofcourtmaricopagovrelease_bondsasp The Clerks Office will only assist parties to a case or their attorneys Third-party vendors personal representatives and other non-parties must be named in a court order to obtain detailed information or to receive a payment check
Law Library Resource Center Filings Grow by Leaps and Bounds
Last year the Superior Court in Maricopa County renamed relocated and expanded its self-service center into the Law Library Resource Center (LLRC) The Clerkrsquos Office staffs a filing counter within the downtown Phoenix LLRC to allow customers a one-stop-shop for research drafting and filing court documents Filings within the LLRC have gone up every month since its establishment In January 2017 the file counter handled 406 transactions and nearly doubled that volume by the end of March 2017 with 802 transactions In June the file counter processed more than 1000 transactions Clerk staff at this window can process fee deferral applications adding to customersrsquo onsite convenience For more information about the LLRCrsquos services locations and other details see the Superior Courtrsquos website at httpswwwsuperiorcourtmaricopagovSuperiorCourtLawLibraryResourceCenter
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 34
THANK YOU
Our Charity Raffle Prize Drawing for this beautiful quilt donated by the Emmanuel Lutheran Quilters of Prescott Valley Arizona raised $350
All proceeds have been provided to Feed Hungry Children Program in Prescott Valley Arizona
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 35
Paralegal robot reviews patent documents There is a new software RoboReview that helps patent
lawyers draft applications that are more likely to pass muster with the USPTO It automates paralegal
work bringing more rigor to the task of researching prior art and potentially saving thousands of dollars
on a filing Typically this review is done by humans doing multiple searches To read more visit the
ABA Journal httpwwwabajournalcomnewsarticlepatent_document_robot_legal_review
Paralegal cries after being charged with stealing $12 million from law firm The paralegal was an
office manager for a law firm in downtown Toledo where prosecutors allege she embezzles money from
the firm and from the trust account of a disabled client between 2008 and September 2015 The suit
claims that the paralegal forged signatures and falsified bookkeeping software and other records to steal
from the firm The paralegal cried throughout the bond hearing She has been fired To read more about
this case visit httpwwwtoledobladecomCourts20170712Bond-set-at-100K-for-office-manager-
charged-with-embezzling-1-2Mhtml
Paralegal re-appointed to Florida Bar Section Priscilla Horn Warren a nationally and Florida
certified paralegal will continue to serve on the States Solo and Small Firm Section as their paralegal
representative for 2017-2018 term Warren has continuously served as paralegal liaison with the section
since 1995
Law Firm not liable for paralegal mistake on $15 bn loan A New York Judge found that the firm did
not owe a duty of case to third parties The paralegal had accidentally cancelled the security interest of a
$15 billion loan to General Motors The firm did not represent the lenders and as such did not owe a duty
to third parties JP Morgan Chase acted as lenders and its lawyers also missed the mistake The mistake
was only noticed when GM filed for bankruptcy protection in 2009 To read more visit
httpwwwgloballegalpostcombig-storiesmayer-brown-not-liable-for-paralegal-mistake-on-$15-bn-
loan-73921531
Lawyer and paralegal arrested after being found with meth pipes and other drug paraphernalia
The attorney claimed that the equipment didnt belong to him (my paralegal did it defense) To read
more visit httpwwwarkansasmatterscomnewslocal-newsconway-lawyer-and-paralegal-arrested-on-
drug-possession769588833
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 36
DIAMOND SPONSORS
National Health Finance
ABI Document Support Services
RUBY SPONSORS
Nationwide Legal Inc
Vocational Diagnostics Inc
EMERALD SPONSORS
MBA Legal Transcription
First Legal Network
LexisNexis
Coash amp Coash
Robert E ldquoBobrdquo Underdown The Insurance Archaeologist
Jones Skelton amp Hochuli
THANK YOU TO OUR SPONSORS AT OUR ANNUAL LEGAL CONFERENCE AND 40TH ANNIVERSARY CELEBRATION
Thank you to the individuals and businesses that support the Arizona Paralegal
Association in our efforts to promote and educate the paralegal community by
becoming Legal Seminar Sponsors The assistance of our sponsors has been vital in
bringing educational programs to paralegals across Arizona This Legal Seminar would
not be possible without the help of the sponsors and we hope you will join us in
PEARL SPONSORS
Compex Legal Services Inc
Kathy Hanchette Premier Designs
Robson Forensic
Parasec
Iron Mountain
Litigation Services
Fronteo
The Morton Group
Integrated Medical Evaluations Inc
Elite Medical Experts
Lynn Tofaute Yanbal Jewelry
Griffin amp Associates
Discovia
Woolston amp Tarter PC
Ottmar amp Associates
Ballard Spahr LLP
DTI Global
Thank you to these Northern Arizona sponsors who have generously donated
prizes for the Arizona Paralegal Association drawing
Murphyrsquos Restaurant Prescott Arizona
Susanne Chacon Scentsy 9287108777
Yavapai Title 9284452528
Mangum Pearce Court Reporting 9284451909
Prescott Law group PLC 9284451909
Emmanuel Lutheran Quilters Prescott Valley
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 37
Congratulations to the Arizona Paralegal Association on 40 years
1 East Washington St Suite 2300
Phoenix AZ 85004
602798-5400
wwwballardspahrcom
6024851488
wwwOtmarAssoccom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 38
APA MEMBER JOB BANK
DONrsquoT FORGET TO CHECK OUR ONLINE
JOB BANK FOR UP-TO-DATE JOB LISTINGS
at httpwwwazparalegalorgjobbank
[In order to view the online Job Bank you must login
to our new website (using your email and password)
If you experience any difficulty logging in please
contact membershipazparalegalorg for assistance]
PARALEGAL - BANKRUPTCY LITIGATION
Position Overview
Under the supervision of one or more lawyer(s) the
Paralegal assists in the delivery of quality efficient
and accessible legal services in the bankruptcy real
estate corporate andor commercial litigation practice
groups
Responsibilities
Draft routine pleadings statements affidavits
andor other legal documentation as appropriate at
the specific direction of attorneys
Prepare initial drafts of legal documents for
bankruptcy proceedings including case captions
and simple pleadings such as claim forms requests
for notice or judicial notice etc
Arrange Court Call appearances communicates
and cooperates with Court clerks on filings and
appearance requirements and interacts with Court
personnel as necessary to serve client needs
Prepare initial drafts of fee applications when
representing estate professionals and oversecured
creditors in bankruptcy cases and in connection
with fee awards in other litigation contexts
including exhibits and declarations in support
Compile documents in connection with appeals
including designations and indexes of the record
district court elections and requests for transcripts
Draft notices of appearance substitutions of
counsel documents pro hac vice applications and
corporate ownership statements
Assist with discovery-related filings including
Bankruptcy Rule 2004 examination applications
notices and orders subpoenas and notice of
servicecompliance
Manage non-judicial trustees sale process
including security instrument review public
record filing review notice drafting service
completion bid compilation sale procedures
communications with interested parties deed upon
sale drafting and all necessary public recording
and filing
Perform ECF filings and review local rules for
pleading forms notice and service requirements
Fulfill duties to deliver court copies courtesy
copies lodged order uploads in pdf or Word and
complies with all local rule requirements
Organize index and track large numbers of
documents including development of information
(Continued on page 39)
DO YOU KNOW OF A PARALEGAL POSITION AT YOUR PLACE OF EMPLOYMENT
If so advise your employer that the APA offers ad space for paralegal jobs to employers free of charge To place a job bank ad or for information on a job send an e-mail to Betsy Wolf at jobbankazparalegalorg
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 39
APA MEMBER JOB BANK
retrieval systems performs all case management
functions
Perform calendaring or docketing of information
as needed
Research and obtain information from various
courts administrative bodies public information
sources etc
Performs electronic research using PACER court
websites Westlaw and Lexis in addition to
Shepardizing and Bluebooking citations
Coordinate efforts with trials and hearings such as
taking notes handling exhibits organizing and
gathering factual information etc
Attend trials or client meetings as needed inside
and outside the office that require face-to-face
contact
Coordinate vendors in conjunction with a project
such as court reporters process servers copy
vendors etc
Track time in DTE and assures that services
provided are properly charged to the client
Track expenses for travel client meetings and
court appearances
Essential Job SpecificationsQualifications
Familiarity with pleading notice and service rules
triggered in Chapter 7 and 11 Bankruptcy Courts
Familiarity with Uniform Commercial Code
enforcement process and procedures
Familiarity with basic corporate formation
practices and procedures
Ability to perform ECF filings
Excellent computer skills including Word Excel
PowerPoint and database applications
Ability to deal professionally with all levels of
clients both internally and externally
Proven ability to solve problems work
independently and tackle projects with minimal
supervision
Ability to be flexible meet deadlines handle
pressure and adapt to changing work priorities
work flow and work assignments
Ability to effectively and respectfully
communicate verbally and in writing with other
staff lawyers management and clients
Ability to organize a large amount of data and files
into an efficient system (both electronic and
hardcopy) for easy filing and retrieval
Ability to maintain confidences as well as build
confidences and trust
Ability to pay close attention to detail
Ability to work overtime up to 10 or more hours
per week
Ability to work off-site at client location(s) for
extended periods of time
Requires the ability to regularly report to work on
the days and times scheduled or alternatively to
work flex hours depending on lawyer and client
needs
Physical Demands
Ability to work in a typical office environment and
lift up to 25 lbs NOTE Reasonable
accommodations may be made to enable
individuals with disabilities to perform the
essential functions
Travel
Ability to travel locally
EducationExperienceCertifications
Bachelors Degree andor Paralegal Certificate
Minimum of two years experience with
bankruptcy and litigation practice(s) at a law firm
Disclaimer
The above statements are intended to describe the
general nature and level of work being performed by
the incumbent in the position They are not intended
to be an exhaustive list of all responsibilities duties
and skills of the employee Duties and responsibilities
may change at any time with or without notice
(Job Bank hellip Continued from page 38)
(Continued on page 40)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 40
How to Apply Please send resume to
lisaspannbryancavecom
Equal Opportunity Employer
LITIGATION PARALEGAL - INSURANCE
DEFENSE
Jones Skelton amp Hochuli is seeking an ambitious
paralegal with 5+ years of experience in general civil
litigation and experience in State and Federal courts
The ideal candidate will have a stable work history
and exceptional communication and organizational
skills We offer a competitive salary and benefits
package and a team-oriented working environment
Please email your resume to Recruitingjshfirmcom
AAEOE
EXPERIENCED LITIGATION PARALEGAL
Dickinson Wright PLLC (Phoenix office) is in need of
a litigation paralegal
Requires a minimum of three yearsrsquo recent experience
in Arizona law
Job Description
Organize and synthesize information through the
preparation of summaries chronologies reports
spreadsheets
Draft and review routine legal documents (eg
privilege logs exhibit lists discovery disclosures
etc)
Assist attorneys on cases by providing
computerized support to help them plan organize
research analyze argue and present their cases in
a more cost and time efficient manner
Provide the day-to-day support of data
management
Assist attorney in trial preparation and set-up of
electronic equipment in the courtroom provides
court assistance as required
Assist with managing cases projects on various
levels and at various stages of the litigation
process
Candidates must have excellent communication skills
for contacting clients experts and other outside
parties have knowledge of state and federal court
rules procedures and e-filing requirements drafting
be self-motivated a team player proficient in MW
Word Outlook 2010 and a working knowledge of
document management systems Relativity and Trial
Director experience is a must
EducationalExperience requirements
Paralegal certificate from ABA school or
certification
We offer a competitive salary and benefits package
and an outstanding work environment All candidates
must submit a cover letter resume and salary history
Please email resumes to
LMandellDickinsonwrightcom
EXPERIENCED FAMILY LAW PARALEGAL
Cantor Law Group an AV-rated six-attorney family
law firm located in downtown Phoenix seeks a sharp
paralegal with at least two years of recent Arizona
family law experience In this position you will work
closely with an associate attorney to manage a case
load of 40+ cases covering a wide range of domestic
relations issues Experience with high-asset andor
DCS cases is a plus Must be a strong writer able to
draft pleadings and correspondence Exceptional
people skills are needed as there is a great deal of
client contact
An attractive compensation and benefits package is
available for the right candidate In addition to a
competitive salary and bonus opportunities we offer
an outstanding benefits package including ten paid
(Job Bank hellip Continued from page 39)
(Continued on page 41)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 41
holidays per year ten days paid vacation days yearly
five days personal paid time off yearly as well as the
availability of medical dental vision and life
insurance A 401K with a very generous employer
match is offered after one year
Requirements
2 years recent Arizona family law experience
Proactive able to handle and direct caseload with
minimal supervision
Attention to detail and excellent follow-up
Excellent analytical capabilities amp writing skills
able to draft substantive motions for attorney
review
Work well as a member of a fast-paced team
Professional appearance demeanor and attitude
Great client relations skills
Excellent computer skills including proficiency in
MS Word and other MS Office applications
Paralegal certification preferred (not required)
Knowledge of Time Matters or other case
management software a plus
Please send resumes to hrdmcantorcom
EXPERIENCED CRIMINAL DEFENSE
PARALEGAL
The Law Offices of David Michael Cantor an AV
rated criminal defense firm in Downtown Phoenix is
seeking an experienced paralegal with felony amp
misdemeanor experience to work closely with our
attorneys Our practice includes the full spectrum of
criminal charges and you will have the opportunity to
work on cases involving drug charges violent crime
sex offenses white collar crime property crime and
DUIs
The job
Proactively manage a substantial caseload without
direct supervision
Prepare and file pleadings according to attorney
instructions
Prepare trial notebooks and handle all trial prep
work
Create high quality correspondence and other
documents with little to no supervision
Maintain professional relationships with law
enforcement and prosecutors
Provide excellent customer service for our clients
Support 1-2 attorneys
We offer
Competitive compensation
Outstanding benefits including medical dental
vision lifeADampD coverage
401K with generous employer match
Paid vacation and sick time
Ten paid holidays per year
You
2+ years of private Arizona defense experience
handling both misdemeanor and felony charges
Familiar with Arizona courts and MVD
Proactive ndash needs little supervision
Great follow-up skills and attention to detail
Excellent writing skills
Professional appearance and behavior
MS Word and other MS Office applications
Keyboard speed 50+ wpm
Reliable
Enjoy being a member of a friendly team of
professionals
Experience with Abacus or other case
management software desirable
Please send resumes to hrdmcantorcom
PARALEGAL
Sentry Insurance is looking for a Paralegal to provide
litigation and administrative support to our Staff
(Job Bank hellip Continued from page 40)
(Continued on page 42)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 42
Counsel operation If you are looking for a career
with great potential choose the company with the
strength and stability to offer it all
What Yoursquoll Do
As the Paralegal yoursquoll assist the attorney staff by
performing legal activities which do not require
attorney signature client advise or appearances in
court In addition yoursquoll
Assist in the preparation of responses to discovery
under direct supervision of an attorney
Perform factual investigations and document
searches
Obtain investigative materials and policy
information
Contact insureds and other witnesses to obtain
factual statements
Coordinate scheduling of litigation activities and
witness appearances
What it Takes
Associate Degree or equivalent work experience
2-5 years of related work experience at least one
year in litigation practice
American Bar Association-Certified Paralegal
Training
Advanced knowledge of case management and
knowledge of and ability to perform legal
research
Experience with resources such as Westlaw and
Lexis
Strong analytical ability and knowledge of
litigation processes
Strong organizational and communication skills
Ability to maintain confidentiality
Strong working knowledge of the Internet
PowerPoint Excel and Word and familiarity with
legal case management software (ProLaw Clio
etc)
Ability to work independently and in multi-
jurisdictional venues
Must be able to meet travel requirements of the
job
What Yoursquoll Receive
We offer an outstanding array of benefits for our
associates including
Competitive Compensation
Group Medical Dental Vision and Life benefits
Generous Paid-Time Off - including Company
Holidays
401k plan with a dollar-for-dollar match on your
first six percent ndash immediate vesting
Access to more than 100 certification designation
and licensing courses
Career advancement opportunities
Why Sentry Insurance
Sentry employees have been helping individuals and
businesses build and protect their futures since 1904
Because of the trust placed in us Sentry is one of the
largest and strongest mutual insurance companies in
the United States and is rated A+ by AM Best the
industrys leading rating authority Sentry offers a full
line of property casualty and life insurance products
to protect businesses cars homes lives and retirement
incomes
So make the right choice - with great potential for
growth an outstanding 401(k) program and a schedule
that offers you a balance between your work and life
choose the company with the strength and stability to
offer it all Choose Sentry Insurance Sentry
Insurance is an Equal Opportunity Employer Apply
online at httpsjobssentrycomsearch119871
FULL-TIME LEGAL SECRETARY ASSISTANT
Mid-sized law office is seeking a self-motivated and
highly organized legal secretary with a minimum of 5
years of experience supporting 2 or more attorneys
Position will support multiple attorneys with case
management assistance calendaring state and federal
court filings formatting correspondence and
(Job Bank hellip Continued from page 41)
(Continued on page 43)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 43
pleadings copying mailing and other clerical duties
Optimal candidate will be able to accept and
implement directives maintain focus in hectic
environment keep attorneys informed of progress at
regular intervals and prioritize multiple projects
Working knowledge of MS Word amp Excel required
Associatersquos degree and background in litigation andor
insurance preferred EEOC Please email reacutesumeacute and
cover letter with salary requirements to
admincdslawfirmcom
EXPERIENCED PLAINTIFFS PERSONAL
INJURY LEGAL ASSISTANT
Small growing fast-paced Central Phoenix Personal
Injury Law Firm seeking full-time Legal Assistant to
join our team
Candidate must have excellent skills and 5 years
experience in a Plaintiffs Personal Injury Law Firm
with an ability to perform in a fast paced environment
Bi-lingual (SpanishEnglish) preferred but not
required Position involves significant interaction with
clients and requires attention to detail Good
organizational skills with a strong work ethic are
essential as is the ability to multi-task
Responsibilities include handling a large pre-litigation
caseload interfacing with attorneys and legal
assistants Must be proficient with MS Word Outlook
and Needles Case Management (preferred but not
necessary) Salary is competitive and DOE
Qualified candidates should e-mail resume with a
cover letter detailing their skills employment history
and salary requirements to
acoronadoblakefirmcom
(Job Bank hellip Continued from page 42)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 44
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
NALA Campus LIVE - Live web seminars are offered in two sessions each year FebruarymdashMay and AugustmdashNovember Each ses-sion features about 30 on-line seminars The audio files and handout material are copyrighted by NALA and the authors They are for personal use only Duplication of any of the material or any commercial use is strictly prohibited
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics httpswwwnalaorgcontinuing-educationwebinars NALA Campus LIVE - Live web semi-nars are offered in two sessions each year FebruarymdashMay and AugustmdashNovember Each session features about 30 on-line seminars The audio files and handout material are copy-righted by NALA and the authors They are for personal use only Dupli-cation of any of the material or any commercial use is strictly prohibited
82217 Music Law and Intellectual Property Rights
82417 So the Plaintiffrsquos on Medicare
82017 The ABCrsquos of Special Education
In addition to the Live Webinars NALA has On-Demand Webinar Courses available httpswwwnalaorgcontinuing-educationon-demand-webinar NALA also has a wide variety of available Self-Study courses as well as the Live Webinars You can access the Self-Study courses here httpswwwnalaorgcontinuing-educationself-study Many of these courses are recommended for preparing for the CP exam
NATIONAL BUSINESS INSTITUTE
wwwnbi-semscom
Live Video Webcasts
httpwwwnbi-semscomDefaultaspxVideo-WebcastsNavigationDataSource1=N63782
OnDemand amp Downloads
httpwwwnbi-semscomContentaspxst=ArizonaampNavigationDataSource1=N63932-63947
8817 Probate Boot Camp
8917 Real Estate Title and Conveyance Handling the Top
Issues
8917 Marijuana Business Legal Considerations
81417 Legal Descriptions Title Insurance and Surveys in Real
Estate Transactions
81517 Advanced Custody and Support Issues
81617 Personal Injury Trials 101
82117 Trusts from Start to Finish
82217 How to Get Your Clients Paid Debt Collection 101
82317 Bankruptcy The Ultimate Guide to Chapter 7 and 13
82817 Conflicts of Interest A Practical Legal Ethics Guide
82917 Using LLCs to Protect Assets
83017 Complex Social Security Law Issues
83017 Dealing With Problem Employees A Legal Response
Guide
And many morehellip
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 45
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
Lorman Live Webinars wwwlormancom You can find many more seminars listed at httpwwwlormancomlive-webinar
ON DEMAND WEBINARS
There are many OnDemand Webinars to choose from also
httpwwwlormancomondemand
8317 Electronic Record Retention Mistakes HR
Professionals Can Avoid
8317 HUD Section 3 Compliance Tips for Governments
8417 Paralegals Guide to Unauthorized Practice of Law
8817 Protecting High-Risk Clientsrsquo Assets Against lawsuits
8817 Tips and Tricks to Improve Your Telephone Attitude
8917 Rules and Guidelines When Dealing With Statute of
Limitations
8917 Utilizing Formulas in Microsoft Excel
81017 Early Retirement Incentives Navigating the Legal
Issues
And many more
Maricopa County Bar Association CLE CALENDAR
httpmcbasite-ymcomeventsevent_listasp
LEXIS NEXIS Paralegal Community
has some good information as well
Check it out at httplawlexisnexiscomcommunityportalarticlesdefaultaspxg=QfsTyLJ1USs=ampc=EZggD7hDKLw=
Arizona Bar Association wwwazbarorgCLE
OnDemand CLE
httpsazbarinreachcecomSearchmediaType=494a95bb-1e05-4c5b-a25f-36ad84bd4c39
82217 State Bar of Arizona Course on Professionalism
82317 Steering Clear of Malpractice Road Bumps
82417 Traffic Offenses
82517 Probate Rule 10(E)(2) Subsequent Training for Court-
Appointed Counsel
83017 A Survey of Family Law
And many more
ALA-ABI wwwali-abaorg
The ALI-ABA site has excellent online CLE courses forms printed books MP3 CDROMs CLE DVDs CLE MP3 Downloads CLE Court Materials and Course Papers
81017 Powers of Attorney Latest Legal Developments
81717 Creating and Maintaining a Paperless Practice
Improve Workflow Increase Efficiency
82317 Hot Topics in Legal Ethics
And many more
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 46
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
Organization for Legal Professionals wwwtheolporgeducation
Online Courses
Litigation Support Project Management
Paralegal Management Certificate Program
Project Management in Electronic Discovery
Computer Technology Skills for Paralegals
Legal amp EDiscovery Project Management Course
Institute of Paralegal Education httpipenbi-semscomContentaspxNavigationDataSource1=N63943 Webcasts amp Webinars httpipenbi-semscomContentaspxNavigationDataSource1=Rpp20NspEventDateSort7c1017c17cN63944-4294952056
Webcasts amp Webinars
8217 Medical records Made Easy for Paralegals
8817 Case Management for Paralegals Managing
Documents Files Calendars and Tasks
81717 A Paralegalrsquos Guide to Divorce Cases
82217 The Paralegalrsquos Guide to Probate
82317 Construction Law 101 for Paralegals
82417 Corporate Minute Books A How-To Guide for
Paralegals
82917 Smartphone Apps and Tricks for Paralegals
83017 Managing the Discovery Process A Paralegalrsquos Guide
91217 Paralegalrsquos Guide to Legal Research and Citation
Management
National Constitution Center wwwconstitutionconferencescom
8817 Legal and binding E-Contracts What Works in a Digital World
82117 Retaliation Claims Protect Clients from EEOC Charges amp Private Suits
West Legal Education wwwwestlegaledcentercom
If you know of any other sources for CLE and would like listings to be placed in this
publication please email Newsletterazparalegalorg
- Front Cover
- Table of Contents
- Board of Directors
- APA Announcements
- APA Member News
- 10 Employer Considerations in Light of Arizonas New Paid Sick Time
- Paralegals strike out on firing claims
- Wearable technology Counting the steps to a defense verdict
- August Webinar
- To Lay or Lie
- Sticky Business Etiquette Questions amp Answers
- September Webinar
- Tucson Paralegal Associations 38th Annual Seminar
- The Verdict
- The Brief
- NewBytes
- APA Job Bank
- Got CLE
-
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 31
Jason Bagley
Senior Territory Manager
(602) 559-4587
jasonbagleylexisnexiscom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 32
GENDER EQUALITY
The process of voir dire sometimes includes
subtle and not-so-subtle attempts at gender
stacking of jurors to prevent or create bias
toward a plaintiff Other demographic factors
may be more influential but gender is still
important though not necessarily in the way
one would suspect
The accompanying chart based on California New York and Texas cases reported to VerdictSearch depicts
plaintiffsrsquo winning percentages according to the plaintiffrsquos gender and the juryrsquos composition Bias is evident
but it is not dependent on the plaintiffrsquos gender
Any plaintiffrsquos winning percentage is substantially greater when his or her case is heard by a female-
dominated jury rather than a male-dominated jury or a gender-neutral jury The takeaway All other factors
being equal plaintiffs are best served by female jurors The equation flips when it comes to awarding
damages but thatrsquos a topic for another study
Thank you to Verdict Search for this analysis To learn more about VerdictSearch visit
wwwVerdictSearchcom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 33
Vol 13 No 8 August 2017
Fees Increase in One Week
Most filing and service fees will increase on Wednesday August 9 2017 Documents submitted for filing that are received by the Clerks office (file counter by mail or through a filing depository box) on or before August 8 will be subject to the current fees Documents received for filing on and after August 9 will be subject to the new fees Fees are posted on the Clerkrsquos website at httpwwwclerkofcourtmaricopagovfeesasp
Appeal and Cost Bond Info Online
Court rules statutes court orders or other authorities may require posting appeal or cost bonds with the Clerks Office Depending on the type of issue the parties the complexity of the case and other factors years can pass between the bond posting date and resolution of related issues During that time parties attorneys and the courts may overlook issuing a court order releasing the money The Clerks Office holds the funds until a court order directs the Clerk specifically what to do with those funds The Clerkrsquos Office has now posted lists online of bonds posted with the Clerks Office where the need for the bond may have ended and no court order was filed allowing the Clerk to return the money If you or your clients posted an appeal or cost bond in any case it is worth checking if funds are still on hold
Customers can search the online lists by party name or case number A party or their attorney must file a petition with the court requesting an order be issued directing the Clerk to release these funds The Clerks Office will only release money by court order and only as specifically directed in the order For more information about the deposit or release of these funds including specific information the Clerkrsquos Office needs before releasing money see the Clerkrsquos website at httpwwwclerkofcourtmaricopagovrelease_bondsasp The Clerks Office will only assist parties to a case or their attorneys Third-party vendors personal representatives and other non-parties must be named in a court order to obtain detailed information or to receive a payment check
Law Library Resource Center Filings Grow by Leaps and Bounds
Last year the Superior Court in Maricopa County renamed relocated and expanded its self-service center into the Law Library Resource Center (LLRC) The Clerkrsquos Office staffs a filing counter within the downtown Phoenix LLRC to allow customers a one-stop-shop for research drafting and filing court documents Filings within the LLRC have gone up every month since its establishment In January 2017 the file counter handled 406 transactions and nearly doubled that volume by the end of March 2017 with 802 transactions In June the file counter processed more than 1000 transactions Clerk staff at this window can process fee deferral applications adding to customersrsquo onsite convenience For more information about the LLRCrsquos services locations and other details see the Superior Courtrsquos website at httpswwwsuperiorcourtmaricopagovSuperiorCourtLawLibraryResourceCenter
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 34
THANK YOU
Our Charity Raffle Prize Drawing for this beautiful quilt donated by the Emmanuel Lutheran Quilters of Prescott Valley Arizona raised $350
All proceeds have been provided to Feed Hungry Children Program in Prescott Valley Arizona
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 35
Paralegal robot reviews patent documents There is a new software RoboReview that helps patent
lawyers draft applications that are more likely to pass muster with the USPTO It automates paralegal
work bringing more rigor to the task of researching prior art and potentially saving thousands of dollars
on a filing Typically this review is done by humans doing multiple searches To read more visit the
ABA Journal httpwwwabajournalcomnewsarticlepatent_document_robot_legal_review
Paralegal cries after being charged with stealing $12 million from law firm The paralegal was an
office manager for a law firm in downtown Toledo where prosecutors allege she embezzles money from
the firm and from the trust account of a disabled client between 2008 and September 2015 The suit
claims that the paralegal forged signatures and falsified bookkeeping software and other records to steal
from the firm The paralegal cried throughout the bond hearing She has been fired To read more about
this case visit httpwwwtoledobladecomCourts20170712Bond-set-at-100K-for-office-manager-
charged-with-embezzling-1-2Mhtml
Paralegal re-appointed to Florida Bar Section Priscilla Horn Warren a nationally and Florida
certified paralegal will continue to serve on the States Solo and Small Firm Section as their paralegal
representative for 2017-2018 term Warren has continuously served as paralegal liaison with the section
since 1995
Law Firm not liable for paralegal mistake on $15 bn loan A New York Judge found that the firm did
not owe a duty of case to third parties The paralegal had accidentally cancelled the security interest of a
$15 billion loan to General Motors The firm did not represent the lenders and as such did not owe a duty
to third parties JP Morgan Chase acted as lenders and its lawyers also missed the mistake The mistake
was only noticed when GM filed for bankruptcy protection in 2009 To read more visit
httpwwwgloballegalpostcombig-storiesmayer-brown-not-liable-for-paralegal-mistake-on-$15-bn-
loan-73921531
Lawyer and paralegal arrested after being found with meth pipes and other drug paraphernalia
The attorney claimed that the equipment didnt belong to him (my paralegal did it defense) To read
more visit httpwwwarkansasmatterscomnewslocal-newsconway-lawyer-and-paralegal-arrested-on-
drug-possession769588833
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 36
DIAMOND SPONSORS
National Health Finance
ABI Document Support Services
RUBY SPONSORS
Nationwide Legal Inc
Vocational Diagnostics Inc
EMERALD SPONSORS
MBA Legal Transcription
First Legal Network
LexisNexis
Coash amp Coash
Robert E ldquoBobrdquo Underdown The Insurance Archaeologist
Jones Skelton amp Hochuli
THANK YOU TO OUR SPONSORS AT OUR ANNUAL LEGAL CONFERENCE AND 40TH ANNIVERSARY CELEBRATION
Thank you to the individuals and businesses that support the Arizona Paralegal
Association in our efforts to promote and educate the paralegal community by
becoming Legal Seminar Sponsors The assistance of our sponsors has been vital in
bringing educational programs to paralegals across Arizona This Legal Seminar would
not be possible without the help of the sponsors and we hope you will join us in
PEARL SPONSORS
Compex Legal Services Inc
Kathy Hanchette Premier Designs
Robson Forensic
Parasec
Iron Mountain
Litigation Services
Fronteo
The Morton Group
Integrated Medical Evaluations Inc
Elite Medical Experts
Lynn Tofaute Yanbal Jewelry
Griffin amp Associates
Discovia
Woolston amp Tarter PC
Ottmar amp Associates
Ballard Spahr LLP
DTI Global
Thank you to these Northern Arizona sponsors who have generously donated
prizes for the Arizona Paralegal Association drawing
Murphyrsquos Restaurant Prescott Arizona
Susanne Chacon Scentsy 9287108777
Yavapai Title 9284452528
Mangum Pearce Court Reporting 9284451909
Prescott Law group PLC 9284451909
Emmanuel Lutheran Quilters Prescott Valley
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 37
Congratulations to the Arizona Paralegal Association on 40 years
1 East Washington St Suite 2300
Phoenix AZ 85004
602798-5400
wwwballardspahrcom
6024851488
wwwOtmarAssoccom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 38
APA MEMBER JOB BANK
DONrsquoT FORGET TO CHECK OUR ONLINE
JOB BANK FOR UP-TO-DATE JOB LISTINGS
at httpwwwazparalegalorgjobbank
[In order to view the online Job Bank you must login
to our new website (using your email and password)
If you experience any difficulty logging in please
contact membershipazparalegalorg for assistance]
PARALEGAL - BANKRUPTCY LITIGATION
Position Overview
Under the supervision of one or more lawyer(s) the
Paralegal assists in the delivery of quality efficient
and accessible legal services in the bankruptcy real
estate corporate andor commercial litigation practice
groups
Responsibilities
Draft routine pleadings statements affidavits
andor other legal documentation as appropriate at
the specific direction of attorneys
Prepare initial drafts of legal documents for
bankruptcy proceedings including case captions
and simple pleadings such as claim forms requests
for notice or judicial notice etc
Arrange Court Call appearances communicates
and cooperates with Court clerks on filings and
appearance requirements and interacts with Court
personnel as necessary to serve client needs
Prepare initial drafts of fee applications when
representing estate professionals and oversecured
creditors in bankruptcy cases and in connection
with fee awards in other litigation contexts
including exhibits and declarations in support
Compile documents in connection with appeals
including designations and indexes of the record
district court elections and requests for transcripts
Draft notices of appearance substitutions of
counsel documents pro hac vice applications and
corporate ownership statements
Assist with discovery-related filings including
Bankruptcy Rule 2004 examination applications
notices and orders subpoenas and notice of
servicecompliance
Manage non-judicial trustees sale process
including security instrument review public
record filing review notice drafting service
completion bid compilation sale procedures
communications with interested parties deed upon
sale drafting and all necessary public recording
and filing
Perform ECF filings and review local rules for
pleading forms notice and service requirements
Fulfill duties to deliver court copies courtesy
copies lodged order uploads in pdf or Word and
complies with all local rule requirements
Organize index and track large numbers of
documents including development of information
(Continued on page 39)
DO YOU KNOW OF A PARALEGAL POSITION AT YOUR PLACE OF EMPLOYMENT
If so advise your employer that the APA offers ad space for paralegal jobs to employers free of charge To place a job bank ad or for information on a job send an e-mail to Betsy Wolf at jobbankazparalegalorg
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 39
APA MEMBER JOB BANK
retrieval systems performs all case management
functions
Perform calendaring or docketing of information
as needed
Research and obtain information from various
courts administrative bodies public information
sources etc
Performs electronic research using PACER court
websites Westlaw and Lexis in addition to
Shepardizing and Bluebooking citations
Coordinate efforts with trials and hearings such as
taking notes handling exhibits organizing and
gathering factual information etc
Attend trials or client meetings as needed inside
and outside the office that require face-to-face
contact
Coordinate vendors in conjunction with a project
such as court reporters process servers copy
vendors etc
Track time in DTE and assures that services
provided are properly charged to the client
Track expenses for travel client meetings and
court appearances
Essential Job SpecificationsQualifications
Familiarity with pleading notice and service rules
triggered in Chapter 7 and 11 Bankruptcy Courts
Familiarity with Uniform Commercial Code
enforcement process and procedures
Familiarity with basic corporate formation
practices and procedures
Ability to perform ECF filings
Excellent computer skills including Word Excel
PowerPoint and database applications
Ability to deal professionally with all levels of
clients both internally and externally
Proven ability to solve problems work
independently and tackle projects with minimal
supervision
Ability to be flexible meet deadlines handle
pressure and adapt to changing work priorities
work flow and work assignments
Ability to effectively and respectfully
communicate verbally and in writing with other
staff lawyers management and clients
Ability to organize a large amount of data and files
into an efficient system (both electronic and
hardcopy) for easy filing and retrieval
Ability to maintain confidences as well as build
confidences and trust
Ability to pay close attention to detail
Ability to work overtime up to 10 or more hours
per week
Ability to work off-site at client location(s) for
extended periods of time
Requires the ability to regularly report to work on
the days and times scheduled or alternatively to
work flex hours depending on lawyer and client
needs
Physical Demands
Ability to work in a typical office environment and
lift up to 25 lbs NOTE Reasonable
accommodations may be made to enable
individuals with disabilities to perform the
essential functions
Travel
Ability to travel locally
EducationExperienceCertifications
Bachelors Degree andor Paralegal Certificate
Minimum of two years experience with
bankruptcy and litigation practice(s) at a law firm
Disclaimer
The above statements are intended to describe the
general nature and level of work being performed by
the incumbent in the position They are not intended
to be an exhaustive list of all responsibilities duties
and skills of the employee Duties and responsibilities
may change at any time with or without notice
(Job Bank hellip Continued from page 38)
(Continued on page 40)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 40
How to Apply Please send resume to
lisaspannbryancavecom
Equal Opportunity Employer
LITIGATION PARALEGAL - INSURANCE
DEFENSE
Jones Skelton amp Hochuli is seeking an ambitious
paralegal with 5+ years of experience in general civil
litigation and experience in State and Federal courts
The ideal candidate will have a stable work history
and exceptional communication and organizational
skills We offer a competitive salary and benefits
package and a team-oriented working environment
Please email your resume to Recruitingjshfirmcom
AAEOE
EXPERIENCED LITIGATION PARALEGAL
Dickinson Wright PLLC (Phoenix office) is in need of
a litigation paralegal
Requires a minimum of three yearsrsquo recent experience
in Arizona law
Job Description
Organize and synthesize information through the
preparation of summaries chronologies reports
spreadsheets
Draft and review routine legal documents (eg
privilege logs exhibit lists discovery disclosures
etc)
Assist attorneys on cases by providing
computerized support to help them plan organize
research analyze argue and present their cases in
a more cost and time efficient manner
Provide the day-to-day support of data
management
Assist attorney in trial preparation and set-up of
electronic equipment in the courtroom provides
court assistance as required
Assist with managing cases projects on various
levels and at various stages of the litigation
process
Candidates must have excellent communication skills
for contacting clients experts and other outside
parties have knowledge of state and federal court
rules procedures and e-filing requirements drafting
be self-motivated a team player proficient in MW
Word Outlook 2010 and a working knowledge of
document management systems Relativity and Trial
Director experience is a must
EducationalExperience requirements
Paralegal certificate from ABA school or
certification
We offer a competitive salary and benefits package
and an outstanding work environment All candidates
must submit a cover letter resume and salary history
Please email resumes to
LMandellDickinsonwrightcom
EXPERIENCED FAMILY LAW PARALEGAL
Cantor Law Group an AV-rated six-attorney family
law firm located in downtown Phoenix seeks a sharp
paralegal with at least two years of recent Arizona
family law experience In this position you will work
closely with an associate attorney to manage a case
load of 40+ cases covering a wide range of domestic
relations issues Experience with high-asset andor
DCS cases is a plus Must be a strong writer able to
draft pleadings and correspondence Exceptional
people skills are needed as there is a great deal of
client contact
An attractive compensation and benefits package is
available for the right candidate In addition to a
competitive salary and bonus opportunities we offer
an outstanding benefits package including ten paid
(Job Bank hellip Continued from page 39)
(Continued on page 41)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 41
holidays per year ten days paid vacation days yearly
five days personal paid time off yearly as well as the
availability of medical dental vision and life
insurance A 401K with a very generous employer
match is offered after one year
Requirements
2 years recent Arizona family law experience
Proactive able to handle and direct caseload with
minimal supervision
Attention to detail and excellent follow-up
Excellent analytical capabilities amp writing skills
able to draft substantive motions for attorney
review
Work well as a member of a fast-paced team
Professional appearance demeanor and attitude
Great client relations skills
Excellent computer skills including proficiency in
MS Word and other MS Office applications
Paralegal certification preferred (not required)
Knowledge of Time Matters or other case
management software a plus
Please send resumes to hrdmcantorcom
EXPERIENCED CRIMINAL DEFENSE
PARALEGAL
The Law Offices of David Michael Cantor an AV
rated criminal defense firm in Downtown Phoenix is
seeking an experienced paralegal with felony amp
misdemeanor experience to work closely with our
attorneys Our practice includes the full spectrum of
criminal charges and you will have the opportunity to
work on cases involving drug charges violent crime
sex offenses white collar crime property crime and
DUIs
The job
Proactively manage a substantial caseload without
direct supervision
Prepare and file pleadings according to attorney
instructions
Prepare trial notebooks and handle all trial prep
work
Create high quality correspondence and other
documents with little to no supervision
Maintain professional relationships with law
enforcement and prosecutors
Provide excellent customer service for our clients
Support 1-2 attorneys
We offer
Competitive compensation
Outstanding benefits including medical dental
vision lifeADampD coverage
401K with generous employer match
Paid vacation and sick time
Ten paid holidays per year
You
2+ years of private Arizona defense experience
handling both misdemeanor and felony charges
Familiar with Arizona courts and MVD
Proactive ndash needs little supervision
Great follow-up skills and attention to detail
Excellent writing skills
Professional appearance and behavior
MS Word and other MS Office applications
Keyboard speed 50+ wpm
Reliable
Enjoy being a member of a friendly team of
professionals
Experience with Abacus or other case
management software desirable
Please send resumes to hrdmcantorcom
PARALEGAL
Sentry Insurance is looking for a Paralegal to provide
litigation and administrative support to our Staff
(Job Bank hellip Continued from page 40)
(Continued on page 42)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 42
Counsel operation If you are looking for a career
with great potential choose the company with the
strength and stability to offer it all
What Yoursquoll Do
As the Paralegal yoursquoll assist the attorney staff by
performing legal activities which do not require
attorney signature client advise or appearances in
court In addition yoursquoll
Assist in the preparation of responses to discovery
under direct supervision of an attorney
Perform factual investigations and document
searches
Obtain investigative materials and policy
information
Contact insureds and other witnesses to obtain
factual statements
Coordinate scheduling of litigation activities and
witness appearances
What it Takes
Associate Degree or equivalent work experience
2-5 years of related work experience at least one
year in litigation practice
American Bar Association-Certified Paralegal
Training
Advanced knowledge of case management and
knowledge of and ability to perform legal
research
Experience with resources such as Westlaw and
Lexis
Strong analytical ability and knowledge of
litigation processes
Strong organizational and communication skills
Ability to maintain confidentiality
Strong working knowledge of the Internet
PowerPoint Excel and Word and familiarity with
legal case management software (ProLaw Clio
etc)
Ability to work independently and in multi-
jurisdictional venues
Must be able to meet travel requirements of the
job
What Yoursquoll Receive
We offer an outstanding array of benefits for our
associates including
Competitive Compensation
Group Medical Dental Vision and Life benefits
Generous Paid-Time Off - including Company
Holidays
401k plan with a dollar-for-dollar match on your
first six percent ndash immediate vesting
Access to more than 100 certification designation
and licensing courses
Career advancement opportunities
Why Sentry Insurance
Sentry employees have been helping individuals and
businesses build and protect their futures since 1904
Because of the trust placed in us Sentry is one of the
largest and strongest mutual insurance companies in
the United States and is rated A+ by AM Best the
industrys leading rating authority Sentry offers a full
line of property casualty and life insurance products
to protect businesses cars homes lives and retirement
incomes
So make the right choice - with great potential for
growth an outstanding 401(k) program and a schedule
that offers you a balance between your work and life
choose the company with the strength and stability to
offer it all Choose Sentry Insurance Sentry
Insurance is an Equal Opportunity Employer Apply
online at httpsjobssentrycomsearch119871
FULL-TIME LEGAL SECRETARY ASSISTANT
Mid-sized law office is seeking a self-motivated and
highly organized legal secretary with a minimum of 5
years of experience supporting 2 or more attorneys
Position will support multiple attorneys with case
management assistance calendaring state and federal
court filings formatting correspondence and
(Job Bank hellip Continued from page 41)
(Continued on page 43)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 43
pleadings copying mailing and other clerical duties
Optimal candidate will be able to accept and
implement directives maintain focus in hectic
environment keep attorneys informed of progress at
regular intervals and prioritize multiple projects
Working knowledge of MS Word amp Excel required
Associatersquos degree and background in litigation andor
insurance preferred EEOC Please email reacutesumeacute and
cover letter with salary requirements to
admincdslawfirmcom
EXPERIENCED PLAINTIFFS PERSONAL
INJURY LEGAL ASSISTANT
Small growing fast-paced Central Phoenix Personal
Injury Law Firm seeking full-time Legal Assistant to
join our team
Candidate must have excellent skills and 5 years
experience in a Plaintiffs Personal Injury Law Firm
with an ability to perform in a fast paced environment
Bi-lingual (SpanishEnglish) preferred but not
required Position involves significant interaction with
clients and requires attention to detail Good
organizational skills with a strong work ethic are
essential as is the ability to multi-task
Responsibilities include handling a large pre-litigation
caseload interfacing with attorneys and legal
assistants Must be proficient with MS Word Outlook
and Needles Case Management (preferred but not
necessary) Salary is competitive and DOE
Qualified candidates should e-mail resume with a
cover letter detailing their skills employment history
and salary requirements to
acoronadoblakefirmcom
(Job Bank hellip Continued from page 42)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 44
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
NALA Campus LIVE - Live web seminars are offered in two sessions each year FebruarymdashMay and AugustmdashNovember Each ses-sion features about 30 on-line seminars The audio files and handout material are copyrighted by NALA and the authors They are for personal use only Duplication of any of the material or any commercial use is strictly prohibited
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics httpswwwnalaorgcontinuing-educationwebinars NALA Campus LIVE - Live web semi-nars are offered in two sessions each year FebruarymdashMay and AugustmdashNovember Each session features about 30 on-line seminars The audio files and handout material are copy-righted by NALA and the authors They are for personal use only Dupli-cation of any of the material or any commercial use is strictly prohibited
82217 Music Law and Intellectual Property Rights
82417 So the Plaintiffrsquos on Medicare
82017 The ABCrsquos of Special Education
In addition to the Live Webinars NALA has On-Demand Webinar Courses available httpswwwnalaorgcontinuing-educationon-demand-webinar NALA also has a wide variety of available Self-Study courses as well as the Live Webinars You can access the Self-Study courses here httpswwwnalaorgcontinuing-educationself-study Many of these courses are recommended for preparing for the CP exam
NATIONAL BUSINESS INSTITUTE
wwwnbi-semscom
Live Video Webcasts
httpwwwnbi-semscomDefaultaspxVideo-WebcastsNavigationDataSource1=N63782
OnDemand amp Downloads
httpwwwnbi-semscomContentaspxst=ArizonaampNavigationDataSource1=N63932-63947
8817 Probate Boot Camp
8917 Real Estate Title and Conveyance Handling the Top
Issues
8917 Marijuana Business Legal Considerations
81417 Legal Descriptions Title Insurance and Surveys in Real
Estate Transactions
81517 Advanced Custody and Support Issues
81617 Personal Injury Trials 101
82117 Trusts from Start to Finish
82217 How to Get Your Clients Paid Debt Collection 101
82317 Bankruptcy The Ultimate Guide to Chapter 7 and 13
82817 Conflicts of Interest A Practical Legal Ethics Guide
82917 Using LLCs to Protect Assets
83017 Complex Social Security Law Issues
83017 Dealing With Problem Employees A Legal Response
Guide
And many morehellip
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 45
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
Lorman Live Webinars wwwlormancom You can find many more seminars listed at httpwwwlormancomlive-webinar
ON DEMAND WEBINARS
There are many OnDemand Webinars to choose from also
httpwwwlormancomondemand
8317 Electronic Record Retention Mistakes HR
Professionals Can Avoid
8317 HUD Section 3 Compliance Tips for Governments
8417 Paralegals Guide to Unauthorized Practice of Law
8817 Protecting High-Risk Clientsrsquo Assets Against lawsuits
8817 Tips and Tricks to Improve Your Telephone Attitude
8917 Rules and Guidelines When Dealing With Statute of
Limitations
8917 Utilizing Formulas in Microsoft Excel
81017 Early Retirement Incentives Navigating the Legal
Issues
And many more
Maricopa County Bar Association CLE CALENDAR
httpmcbasite-ymcomeventsevent_listasp
LEXIS NEXIS Paralegal Community
has some good information as well
Check it out at httplawlexisnexiscomcommunityportalarticlesdefaultaspxg=QfsTyLJ1USs=ampc=EZggD7hDKLw=
Arizona Bar Association wwwazbarorgCLE
OnDemand CLE
httpsazbarinreachcecomSearchmediaType=494a95bb-1e05-4c5b-a25f-36ad84bd4c39
82217 State Bar of Arizona Course on Professionalism
82317 Steering Clear of Malpractice Road Bumps
82417 Traffic Offenses
82517 Probate Rule 10(E)(2) Subsequent Training for Court-
Appointed Counsel
83017 A Survey of Family Law
And many more
ALA-ABI wwwali-abaorg
The ALI-ABA site has excellent online CLE courses forms printed books MP3 CDROMs CLE DVDs CLE MP3 Downloads CLE Court Materials and Course Papers
81017 Powers of Attorney Latest Legal Developments
81717 Creating and Maintaining a Paperless Practice
Improve Workflow Increase Efficiency
82317 Hot Topics in Legal Ethics
And many more
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 46
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
Organization for Legal Professionals wwwtheolporgeducation
Online Courses
Litigation Support Project Management
Paralegal Management Certificate Program
Project Management in Electronic Discovery
Computer Technology Skills for Paralegals
Legal amp EDiscovery Project Management Course
Institute of Paralegal Education httpipenbi-semscomContentaspxNavigationDataSource1=N63943 Webcasts amp Webinars httpipenbi-semscomContentaspxNavigationDataSource1=Rpp20NspEventDateSort7c1017c17cN63944-4294952056
Webcasts amp Webinars
8217 Medical records Made Easy for Paralegals
8817 Case Management for Paralegals Managing
Documents Files Calendars and Tasks
81717 A Paralegalrsquos Guide to Divorce Cases
82217 The Paralegalrsquos Guide to Probate
82317 Construction Law 101 for Paralegals
82417 Corporate Minute Books A How-To Guide for
Paralegals
82917 Smartphone Apps and Tricks for Paralegals
83017 Managing the Discovery Process A Paralegalrsquos Guide
91217 Paralegalrsquos Guide to Legal Research and Citation
Management
National Constitution Center wwwconstitutionconferencescom
8817 Legal and binding E-Contracts What Works in a Digital World
82117 Retaliation Claims Protect Clients from EEOC Charges amp Private Suits
West Legal Education wwwwestlegaledcentercom
If you know of any other sources for CLE and would like listings to be placed in this
publication please email Newsletterazparalegalorg
- Front Cover
- Table of Contents
- Board of Directors
- APA Announcements
- APA Member News
- 10 Employer Considerations in Light of Arizonas New Paid Sick Time
- Paralegals strike out on firing claims
- Wearable technology Counting the steps to a defense verdict
- August Webinar
- To Lay or Lie
- Sticky Business Etiquette Questions amp Answers
- September Webinar
- Tucson Paralegal Associations 38th Annual Seminar
- The Verdict
- The Brief
- NewBytes
- APA Job Bank
- Got CLE
-
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 32
GENDER EQUALITY
The process of voir dire sometimes includes
subtle and not-so-subtle attempts at gender
stacking of jurors to prevent or create bias
toward a plaintiff Other demographic factors
may be more influential but gender is still
important though not necessarily in the way
one would suspect
The accompanying chart based on California New York and Texas cases reported to VerdictSearch depicts
plaintiffsrsquo winning percentages according to the plaintiffrsquos gender and the juryrsquos composition Bias is evident
but it is not dependent on the plaintiffrsquos gender
Any plaintiffrsquos winning percentage is substantially greater when his or her case is heard by a female-
dominated jury rather than a male-dominated jury or a gender-neutral jury The takeaway All other factors
being equal plaintiffs are best served by female jurors The equation flips when it comes to awarding
damages but thatrsquos a topic for another study
Thank you to Verdict Search for this analysis To learn more about VerdictSearch visit
wwwVerdictSearchcom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 33
Vol 13 No 8 August 2017
Fees Increase in One Week
Most filing and service fees will increase on Wednesday August 9 2017 Documents submitted for filing that are received by the Clerks office (file counter by mail or through a filing depository box) on or before August 8 will be subject to the current fees Documents received for filing on and after August 9 will be subject to the new fees Fees are posted on the Clerkrsquos website at httpwwwclerkofcourtmaricopagovfeesasp
Appeal and Cost Bond Info Online
Court rules statutes court orders or other authorities may require posting appeal or cost bonds with the Clerks Office Depending on the type of issue the parties the complexity of the case and other factors years can pass between the bond posting date and resolution of related issues During that time parties attorneys and the courts may overlook issuing a court order releasing the money The Clerks Office holds the funds until a court order directs the Clerk specifically what to do with those funds The Clerkrsquos Office has now posted lists online of bonds posted with the Clerks Office where the need for the bond may have ended and no court order was filed allowing the Clerk to return the money If you or your clients posted an appeal or cost bond in any case it is worth checking if funds are still on hold
Customers can search the online lists by party name or case number A party or their attorney must file a petition with the court requesting an order be issued directing the Clerk to release these funds The Clerks Office will only release money by court order and only as specifically directed in the order For more information about the deposit or release of these funds including specific information the Clerkrsquos Office needs before releasing money see the Clerkrsquos website at httpwwwclerkofcourtmaricopagovrelease_bondsasp The Clerks Office will only assist parties to a case or their attorneys Third-party vendors personal representatives and other non-parties must be named in a court order to obtain detailed information or to receive a payment check
Law Library Resource Center Filings Grow by Leaps and Bounds
Last year the Superior Court in Maricopa County renamed relocated and expanded its self-service center into the Law Library Resource Center (LLRC) The Clerkrsquos Office staffs a filing counter within the downtown Phoenix LLRC to allow customers a one-stop-shop for research drafting and filing court documents Filings within the LLRC have gone up every month since its establishment In January 2017 the file counter handled 406 transactions and nearly doubled that volume by the end of March 2017 with 802 transactions In June the file counter processed more than 1000 transactions Clerk staff at this window can process fee deferral applications adding to customersrsquo onsite convenience For more information about the LLRCrsquos services locations and other details see the Superior Courtrsquos website at httpswwwsuperiorcourtmaricopagovSuperiorCourtLawLibraryResourceCenter
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 34
THANK YOU
Our Charity Raffle Prize Drawing for this beautiful quilt donated by the Emmanuel Lutheran Quilters of Prescott Valley Arizona raised $350
All proceeds have been provided to Feed Hungry Children Program in Prescott Valley Arizona
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 35
Paralegal robot reviews patent documents There is a new software RoboReview that helps patent
lawyers draft applications that are more likely to pass muster with the USPTO It automates paralegal
work bringing more rigor to the task of researching prior art and potentially saving thousands of dollars
on a filing Typically this review is done by humans doing multiple searches To read more visit the
ABA Journal httpwwwabajournalcomnewsarticlepatent_document_robot_legal_review
Paralegal cries after being charged with stealing $12 million from law firm The paralegal was an
office manager for a law firm in downtown Toledo where prosecutors allege she embezzles money from
the firm and from the trust account of a disabled client between 2008 and September 2015 The suit
claims that the paralegal forged signatures and falsified bookkeeping software and other records to steal
from the firm The paralegal cried throughout the bond hearing She has been fired To read more about
this case visit httpwwwtoledobladecomCourts20170712Bond-set-at-100K-for-office-manager-
charged-with-embezzling-1-2Mhtml
Paralegal re-appointed to Florida Bar Section Priscilla Horn Warren a nationally and Florida
certified paralegal will continue to serve on the States Solo and Small Firm Section as their paralegal
representative for 2017-2018 term Warren has continuously served as paralegal liaison with the section
since 1995
Law Firm not liable for paralegal mistake on $15 bn loan A New York Judge found that the firm did
not owe a duty of case to third parties The paralegal had accidentally cancelled the security interest of a
$15 billion loan to General Motors The firm did not represent the lenders and as such did not owe a duty
to third parties JP Morgan Chase acted as lenders and its lawyers also missed the mistake The mistake
was only noticed when GM filed for bankruptcy protection in 2009 To read more visit
httpwwwgloballegalpostcombig-storiesmayer-brown-not-liable-for-paralegal-mistake-on-$15-bn-
loan-73921531
Lawyer and paralegal arrested after being found with meth pipes and other drug paraphernalia
The attorney claimed that the equipment didnt belong to him (my paralegal did it defense) To read
more visit httpwwwarkansasmatterscomnewslocal-newsconway-lawyer-and-paralegal-arrested-on-
drug-possession769588833
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 36
DIAMOND SPONSORS
National Health Finance
ABI Document Support Services
RUBY SPONSORS
Nationwide Legal Inc
Vocational Diagnostics Inc
EMERALD SPONSORS
MBA Legal Transcription
First Legal Network
LexisNexis
Coash amp Coash
Robert E ldquoBobrdquo Underdown The Insurance Archaeologist
Jones Skelton amp Hochuli
THANK YOU TO OUR SPONSORS AT OUR ANNUAL LEGAL CONFERENCE AND 40TH ANNIVERSARY CELEBRATION
Thank you to the individuals and businesses that support the Arizona Paralegal
Association in our efforts to promote and educate the paralegal community by
becoming Legal Seminar Sponsors The assistance of our sponsors has been vital in
bringing educational programs to paralegals across Arizona This Legal Seminar would
not be possible without the help of the sponsors and we hope you will join us in
PEARL SPONSORS
Compex Legal Services Inc
Kathy Hanchette Premier Designs
Robson Forensic
Parasec
Iron Mountain
Litigation Services
Fronteo
The Morton Group
Integrated Medical Evaluations Inc
Elite Medical Experts
Lynn Tofaute Yanbal Jewelry
Griffin amp Associates
Discovia
Woolston amp Tarter PC
Ottmar amp Associates
Ballard Spahr LLP
DTI Global
Thank you to these Northern Arizona sponsors who have generously donated
prizes for the Arizona Paralegal Association drawing
Murphyrsquos Restaurant Prescott Arizona
Susanne Chacon Scentsy 9287108777
Yavapai Title 9284452528
Mangum Pearce Court Reporting 9284451909
Prescott Law group PLC 9284451909
Emmanuel Lutheran Quilters Prescott Valley
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 37
Congratulations to the Arizona Paralegal Association on 40 years
1 East Washington St Suite 2300
Phoenix AZ 85004
602798-5400
wwwballardspahrcom
6024851488
wwwOtmarAssoccom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 38
APA MEMBER JOB BANK
DONrsquoT FORGET TO CHECK OUR ONLINE
JOB BANK FOR UP-TO-DATE JOB LISTINGS
at httpwwwazparalegalorgjobbank
[In order to view the online Job Bank you must login
to our new website (using your email and password)
If you experience any difficulty logging in please
contact membershipazparalegalorg for assistance]
PARALEGAL - BANKRUPTCY LITIGATION
Position Overview
Under the supervision of one or more lawyer(s) the
Paralegal assists in the delivery of quality efficient
and accessible legal services in the bankruptcy real
estate corporate andor commercial litigation practice
groups
Responsibilities
Draft routine pleadings statements affidavits
andor other legal documentation as appropriate at
the specific direction of attorneys
Prepare initial drafts of legal documents for
bankruptcy proceedings including case captions
and simple pleadings such as claim forms requests
for notice or judicial notice etc
Arrange Court Call appearances communicates
and cooperates with Court clerks on filings and
appearance requirements and interacts with Court
personnel as necessary to serve client needs
Prepare initial drafts of fee applications when
representing estate professionals and oversecured
creditors in bankruptcy cases and in connection
with fee awards in other litigation contexts
including exhibits and declarations in support
Compile documents in connection with appeals
including designations and indexes of the record
district court elections and requests for transcripts
Draft notices of appearance substitutions of
counsel documents pro hac vice applications and
corporate ownership statements
Assist with discovery-related filings including
Bankruptcy Rule 2004 examination applications
notices and orders subpoenas and notice of
servicecompliance
Manage non-judicial trustees sale process
including security instrument review public
record filing review notice drafting service
completion bid compilation sale procedures
communications with interested parties deed upon
sale drafting and all necessary public recording
and filing
Perform ECF filings and review local rules for
pleading forms notice and service requirements
Fulfill duties to deliver court copies courtesy
copies lodged order uploads in pdf or Word and
complies with all local rule requirements
Organize index and track large numbers of
documents including development of information
(Continued on page 39)
DO YOU KNOW OF A PARALEGAL POSITION AT YOUR PLACE OF EMPLOYMENT
If so advise your employer that the APA offers ad space for paralegal jobs to employers free of charge To place a job bank ad or for information on a job send an e-mail to Betsy Wolf at jobbankazparalegalorg
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 39
APA MEMBER JOB BANK
retrieval systems performs all case management
functions
Perform calendaring or docketing of information
as needed
Research and obtain information from various
courts administrative bodies public information
sources etc
Performs electronic research using PACER court
websites Westlaw and Lexis in addition to
Shepardizing and Bluebooking citations
Coordinate efforts with trials and hearings such as
taking notes handling exhibits organizing and
gathering factual information etc
Attend trials or client meetings as needed inside
and outside the office that require face-to-face
contact
Coordinate vendors in conjunction with a project
such as court reporters process servers copy
vendors etc
Track time in DTE and assures that services
provided are properly charged to the client
Track expenses for travel client meetings and
court appearances
Essential Job SpecificationsQualifications
Familiarity with pleading notice and service rules
triggered in Chapter 7 and 11 Bankruptcy Courts
Familiarity with Uniform Commercial Code
enforcement process and procedures
Familiarity with basic corporate formation
practices and procedures
Ability to perform ECF filings
Excellent computer skills including Word Excel
PowerPoint and database applications
Ability to deal professionally with all levels of
clients both internally and externally
Proven ability to solve problems work
independently and tackle projects with minimal
supervision
Ability to be flexible meet deadlines handle
pressure and adapt to changing work priorities
work flow and work assignments
Ability to effectively and respectfully
communicate verbally and in writing with other
staff lawyers management and clients
Ability to organize a large amount of data and files
into an efficient system (both electronic and
hardcopy) for easy filing and retrieval
Ability to maintain confidences as well as build
confidences and trust
Ability to pay close attention to detail
Ability to work overtime up to 10 or more hours
per week
Ability to work off-site at client location(s) for
extended periods of time
Requires the ability to regularly report to work on
the days and times scheduled or alternatively to
work flex hours depending on lawyer and client
needs
Physical Demands
Ability to work in a typical office environment and
lift up to 25 lbs NOTE Reasonable
accommodations may be made to enable
individuals with disabilities to perform the
essential functions
Travel
Ability to travel locally
EducationExperienceCertifications
Bachelors Degree andor Paralegal Certificate
Minimum of two years experience with
bankruptcy and litigation practice(s) at a law firm
Disclaimer
The above statements are intended to describe the
general nature and level of work being performed by
the incumbent in the position They are not intended
to be an exhaustive list of all responsibilities duties
and skills of the employee Duties and responsibilities
may change at any time with or without notice
(Job Bank hellip Continued from page 38)
(Continued on page 40)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 40
How to Apply Please send resume to
lisaspannbryancavecom
Equal Opportunity Employer
LITIGATION PARALEGAL - INSURANCE
DEFENSE
Jones Skelton amp Hochuli is seeking an ambitious
paralegal with 5+ years of experience in general civil
litigation and experience in State and Federal courts
The ideal candidate will have a stable work history
and exceptional communication and organizational
skills We offer a competitive salary and benefits
package and a team-oriented working environment
Please email your resume to Recruitingjshfirmcom
AAEOE
EXPERIENCED LITIGATION PARALEGAL
Dickinson Wright PLLC (Phoenix office) is in need of
a litigation paralegal
Requires a minimum of three yearsrsquo recent experience
in Arizona law
Job Description
Organize and synthesize information through the
preparation of summaries chronologies reports
spreadsheets
Draft and review routine legal documents (eg
privilege logs exhibit lists discovery disclosures
etc)
Assist attorneys on cases by providing
computerized support to help them plan organize
research analyze argue and present their cases in
a more cost and time efficient manner
Provide the day-to-day support of data
management
Assist attorney in trial preparation and set-up of
electronic equipment in the courtroom provides
court assistance as required
Assist with managing cases projects on various
levels and at various stages of the litigation
process
Candidates must have excellent communication skills
for contacting clients experts and other outside
parties have knowledge of state and federal court
rules procedures and e-filing requirements drafting
be self-motivated a team player proficient in MW
Word Outlook 2010 and a working knowledge of
document management systems Relativity and Trial
Director experience is a must
EducationalExperience requirements
Paralegal certificate from ABA school or
certification
We offer a competitive salary and benefits package
and an outstanding work environment All candidates
must submit a cover letter resume and salary history
Please email resumes to
LMandellDickinsonwrightcom
EXPERIENCED FAMILY LAW PARALEGAL
Cantor Law Group an AV-rated six-attorney family
law firm located in downtown Phoenix seeks a sharp
paralegal with at least two years of recent Arizona
family law experience In this position you will work
closely with an associate attorney to manage a case
load of 40+ cases covering a wide range of domestic
relations issues Experience with high-asset andor
DCS cases is a plus Must be a strong writer able to
draft pleadings and correspondence Exceptional
people skills are needed as there is a great deal of
client contact
An attractive compensation and benefits package is
available for the right candidate In addition to a
competitive salary and bonus opportunities we offer
an outstanding benefits package including ten paid
(Job Bank hellip Continued from page 39)
(Continued on page 41)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 41
holidays per year ten days paid vacation days yearly
five days personal paid time off yearly as well as the
availability of medical dental vision and life
insurance A 401K with a very generous employer
match is offered after one year
Requirements
2 years recent Arizona family law experience
Proactive able to handle and direct caseload with
minimal supervision
Attention to detail and excellent follow-up
Excellent analytical capabilities amp writing skills
able to draft substantive motions for attorney
review
Work well as a member of a fast-paced team
Professional appearance demeanor and attitude
Great client relations skills
Excellent computer skills including proficiency in
MS Word and other MS Office applications
Paralegal certification preferred (not required)
Knowledge of Time Matters or other case
management software a plus
Please send resumes to hrdmcantorcom
EXPERIENCED CRIMINAL DEFENSE
PARALEGAL
The Law Offices of David Michael Cantor an AV
rated criminal defense firm in Downtown Phoenix is
seeking an experienced paralegal with felony amp
misdemeanor experience to work closely with our
attorneys Our practice includes the full spectrum of
criminal charges and you will have the opportunity to
work on cases involving drug charges violent crime
sex offenses white collar crime property crime and
DUIs
The job
Proactively manage a substantial caseload without
direct supervision
Prepare and file pleadings according to attorney
instructions
Prepare trial notebooks and handle all trial prep
work
Create high quality correspondence and other
documents with little to no supervision
Maintain professional relationships with law
enforcement and prosecutors
Provide excellent customer service for our clients
Support 1-2 attorneys
We offer
Competitive compensation
Outstanding benefits including medical dental
vision lifeADampD coverage
401K with generous employer match
Paid vacation and sick time
Ten paid holidays per year
You
2+ years of private Arizona defense experience
handling both misdemeanor and felony charges
Familiar with Arizona courts and MVD
Proactive ndash needs little supervision
Great follow-up skills and attention to detail
Excellent writing skills
Professional appearance and behavior
MS Word and other MS Office applications
Keyboard speed 50+ wpm
Reliable
Enjoy being a member of a friendly team of
professionals
Experience with Abacus or other case
management software desirable
Please send resumes to hrdmcantorcom
PARALEGAL
Sentry Insurance is looking for a Paralegal to provide
litigation and administrative support to our Staff
(Job Bank hellip Continued from page 40)
(Continued on page 42)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 42
Counsel operation If you are looking for a career
with great potential choose the company with the
strength and stability to offer it all
What Yoursquoll Do
As the Paralegal yoursquoll assist the attorney staff by
performing legal activities which do not require
attorney signature client advise or appearances in
court In addition yoursquoll
Assist in the preparation of responses to discovery
under direct supervision of an attorney
Perform factual investigations and document
searches
Obtain investigative materials and policy
information
Contact insureds and other witnesses to obtain
factual statements
Coordinate scheduling of litigation activities and
witness appearances
What it Takes
Associate Degree or equivalent work experience
2-5 years of related work experience at least one
year in litigation practice
American Bar Association-Certified Paralegal
Training
Advanced knowledge of case management and
knowledge of and ability to perform legal
research
Experience with resources such as Westlaw and
Lexis
Strong analytical ability and knowledge of
litigation processes
Strong organizational and communication skills
Ability to maintain confidentiality
Strong working knowledge of the Internet
PowerPoint Excel and Word and familiarity with
legal case management software (ProLaw Clio
etc)
Ability to work independently and in multi-
jurisdictional venues
Must be able to meet travel requirements of the
job
What Yoursquoll Receive
We offer an outstanding array of benefits for our
associates including
Competitive Compensation
Group Medical Dental Vision and Life benefits
Generous Paid-Time Off - including Company
Holidays
401k plan with a dollar-for-dollar match on your
first six percent ndash immediate vesting
Access to more than 100 certification designation
and licensing courses
Career advancement opportunities
Why Sentry Insurance
Sentry employees have been helping individuals and
businesses build and protect their futures since 1904
Because of the trust placed in us Sentry is one of the
largest and strongest mutual insurance companies in
the United States and is rated A+ by AM Best the
industrys leading rating authority Sentry offers a full
line of property casualty and life insurance products
to protect businesses cars homes lives and retirement
incomes
So make the right choice - with great potential for
growth an outstanding 401(k) program and a schedule
that offers you a balance between your work and life
choose the company with the strength and stability to
offer it all Choose Sentry Insurance Sentry
Insurance is an Equal Opportunity Employer Apply
online at httpsjobssentrycomsearch119871
FULL-TIME LEGAL SECRETARY ASSISTANT
Mid-sized law office is seeking a self-motivated and
highly organized legal secretary with a minimum of 5
years of experience supporting 2 or more attorneys
Position will support multiple attorneys with case
management assistance calendaring state and federal
court filings formatting correspondence and
(Job Bank hellip Continued from page 41)
(Continued on page 43)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 43
pleadings copying mailing and other clerical duties
Optimal candidate will be able to accept and
implement directives maintain focus in hectic
environment keep attorneys informed of progress at
regular intervals and prioritize multiple projects
Working knowledge of MS Word amp Excel required
Associatersquos degree and background in litigation andor
insurance preferred EEOC Please email reacutesumeacute and
cover letter with salary requirements to
admincdslawfirmcom
EXPERIENCED PLAINTIFFS PERSONAL
INJURY LEGAL ASSISTANT
Small growing fast-paced Central Phoenix Personal
Injury Law Firm seeking full-time Legal Assistant to
join our team
Candidate must have excellent skills and 5 years
experience in a Plaintiffs Personal Injury Law Firm
with an ability to perform in a fast paced environment
Bi-lingual (SpanishEnglish) preferred but not
required Position involves significant interaction with
clients and requires attention to detail Good
organizational skills with a strong work ethic are
essential as is the ability to multi-task
Responsibilities include handling a large pre-litigation
caseload interfacing with attorneys and legal
assistants Must be proficient with MS Word Outlook
and Needles Case Management (preferred but not
necessary) Salary is competitive and DOE
Qualified candidates should e-mail resume with a
cover letter detailing their skills employment history
and salary requirements to
acoronadoblakefirmcom
(Job Bank hellip Continued from page 42)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 44
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
NALA Campus LIVE - Live web seminars are offered in two sessions each year FebruarymdashMay and AugustmdashNovember Each ses-sion features about 30 on-line seminars The audio files and handout material are copyrighted by NALA and the authors They are for personal use only Duplication of any of the material or any commercial use is strictly prohibited
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics httpswwwnalaorgcontinuing-educationwebinars NALA Campus LIVE - Live web semi-nars are offered in two sessions each year FebruarymdashMay and AugustmdashNovember Each session features about 30 on-line seminars The audio files and handout material are copy-righted by NALA and the authors They are for personal use only Dupli-cation of any of the material or any commercial use is strictly prohibited
82217 Music Law and Intellectual Property Rights
82417 So the Plaintiffrsquos on Medicare
82017 The ABCrsquos of Special Education
In addition to the Live Webinars NALA has On-Demand Webinar Courses available httpswwwnalaorgcontinuing-educationon-demand-webinar NALA also has a wide variety of available Self-Study courses as well as the Live Webinars You can access the Self-Study courses here httpswwwnalaorgcontinuing-educationself-study Many of these courses are recommended for preparing for the CP exam
NATIONAL BUSINESS INSTITUTE
wwwnbi-semscom
Live Video Webcasts
httpwwwnbi-semscomDefaultaspxVideo-WebcastsNavigationDataSource1=N63782
OnDemand amp Downloads
httpwwwnbi-semscomContentaspxst=ArizonaampNavigationDataSource1=N63932-63947
8817 Probate Boot Camp
8917 Real Estate Title and Conveyance Handling the Top
Issues
8917 Marijuana Business Legal Considerations
81417 Legal Descriptions Title Insurance and Surveys in Real
Estate Transactions
81517 Advanced Custody and Support Issues
81617 Personal Injury Trials 101
82117 Trusts from Start to Finish
82217 How to Get Your Clients Paid Debt Collection 101
82317 Bankruptcy The Ultimate Guide to Chapter 7 and 13
82817 Conflicts of Interest A Practical Legal Ethics Guide
82917 Using LLCs to Protect Assets
83017 Complex Social Security Law Issues
83017 Dealing With Problem Employees A Legal Response
Guide
And many morehellip
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 45
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
Lorman Live Webinars wwwlormancom You can find many more seminars listed at httpwwwlormancomlive-webinar
ON DEMAND WEBINARS
There are many OnDemand Webinars to choose from also
httpwwwlormancomondemand
8317 Electronic Record Retention Mistakes HR
Professionals Can Avoid
8317 HUD Section 3 Compliance Tips for Governments
8417 Paralegals Guide to Unauthorized Practice of Law
8817 Protecting High-Risk Clientsrsquo Assets Against lawsuits
8817 Tips and Tricks to Improve Your Telephone Attitude
8917 Rules and Guidelines When Dealing With Statute of
Limitations
8917 Utilizing Formulas in Microsoft Excel
81017 Early Retirement Incentives Navigating the Legal
Issues
And many more
Maricopa County Bar Association CLE CALENDAR
httpmcbasite-ymcomeventsevent_listasp
LEXIS NEXIS Paralegal Community
has some good information as well
Check it out at httplawlexisnexiscomcommunityportalarticlesdefaultaspxg=QfsTyLJ1USs=ampc=EZggD7hDKLw=
Arizona Bar Association wwwazbarorgCLE
OnDemand CLE
httpsazbarinreachcecomSearchmediaType=494a95bb-1e05-4c5b-a25f-36ad84bd4c39
82217 State Bar of Arizona Course on Professionalism
82317 Steering Clear of Malpractice Road Bumps
82417 Traffic Offenses
82517 Probate Rule 10(E)(2) Subsequent Training for Court-
Appointed Counsel
83017 A Survey of Family Law
And many more
ALA-ABI wwwali-abaorg
The ALI-ABA site has excellent online CLE courses forms printed books MP3 CDROMs CLE DVDs CLE MP3 Downloads CLE Court Materials and Course Papers
81017 Powers of Attorney Latest Legal Developments
81717 Creating and Maintaining a Paperless Practice
Improve Workflow Increase Efficiency
82317 Hot Topics in Legal Ethics
And many more
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 46
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
Organization for Legal Professionals wwwtheolporgeducation
Online Courses
Litigation Support Project Management
Paralegal Management Certificate Program
Project Management in Electronic Discovery
Computer Technology Skills for Paralegals
Legal amp EDiscovery Project Management Course
Institute of Paralegal Education httpipenbi-semscomContentaspxNavigationDataSource1=N63943 Webcasts amp Webinars httpipenbi-semscomContentaspxNavigationDataSource1=Rpp20NspEventDateSort7c1017c17cN63944-4294952056
Webcasts amp Webinars
8217 Medical records Made Easy for Paralegals
8817 Case Management for Paralegals Managing
Documents Files Calendars and Tasks
81717 A Paralegalrsquos Guide to Divorce Cases
82217 The Paralegalrsquos Guide to Probate
82317 Construction Law 101 for Paralegals
82417 Corporate Minute Books A How-To Guide for
Paralegals
82917 Smartphone Apps and Tricks for Paralegals
83017 Managing the Discovery Process A Paralegalrsquos Guide
91217 Paralegalrsquos Guide to Legal Research and Citation
Management
National Constitution Center wwwconstitutionconferencescom
8817 Legal and binding E-Contracts What Works in a Digital World
82117 Retaliation Claims Protect Clients from EEOC Charges amp Private Suits
West Legal Education wwwwestlegaledcentercom
If you know of any other sources for CLE and would like listings to be placed in this
publication please email Newsletterazparalegalorg
- Front Cover
- Table of Contents
- Board of Directors
- APA Announcements
- APA Member News
- 10 Employer Considerations in Light of Arizonas New Paid Sick Time
- Paralegals strike out on firing claims
- Wearable technology Counting the steps to a defense verdict
- August Webinar
- To Lay or Lie
- Sticky Business Etiquette Questions amp Answers
- September Webinar
- Tucson Paralegal Associations 38th Annual Seminar
- The Verdict
- The Brief
- NewBytes
- APA Job Bank
- Got CLE
-
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 33
Vol 13 No 8 August 2017
Fees Increase in One Week
Most filing and service fees will increase on Wednesday August 9 2017 Documents submitted for filing that are received by the Clerks office (file counter by mail or through a filing depository box) on or before August 8 will be subject to the current fees Documents received for filing on and after August 9 will be subject to the new fees Fees are posted on the Clerkrsquos website at httpwwwclerkofcourtmaricopagovfeesasp
Appeal and Cost Bond Info Online
Court rules statutes court orders or other authorities may require posting appeal or cost bonds with the Clerks Office Depending on the type of issue the parties the complexity of the case and other factors years can pass between the bond posting date and resolution of related issues During that time parties attorneys and the courts may overlook issuing a court order releasing the money The Clerks Office holds the funds until a court order directs the Clerk specifically what to do with those funds The Clerkrsquos Office has now posted lists online of bonds posted with the Clerks Office where the need for the bond may have ended and no court order was filed allowing the Clerk to return the money If you or your clients posted an appeal or cost bond in any case it is worth checking if funds are still on hold
Customers can search the online lists by party name or case number A party or their attorney must file a petition with the court requesting an order be issued directing the Clerk to release these funds The Clerks Office will only release money by court order and only as specifically directed in the order For more information about the deposit or release of these funds including specific information the Clerkrsquos Office needs before releasing money see the Clerkrsquos website at httpwwwclerkofcourtmaricopagovrelease_bondsasp The Clerks Office will only assist parties to a case or their attorneys Third-party vendors personal representatives and other non-parties must be named in a court order to obtain detailed information or to receive a payment check
Law Library Resource Center Filings Grow by Leaps and Bounds
Last year the Superior Court in Maricopa County renamed relocated and expanded its self-service center into the Law Library Resource Center (LLRC) The Clerkrsquos Office staffs a filing counter within the downtown Phoenix LLRC to allow customers a one-stop-shop for research drafting and filing court documents Filings within the LLRC have gone up every month since its establishment In January 2017 the file counter handled 406 transactions and nearly doubled that volume by the end of March 2017 with 802 transactions In June the file counter processed more than 1000 transactions Clerk staff at this window can process fee deferral applications adding to customersrsquo onsite convenience For more information about the LLRCrsquos services locations and other details see the Superior Courtrsquos website at httpswwwsuperiorcourtmaricopagovSuperiorCourtLawLibraryResourceCenter
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 34
THANK YOU
Our Charity Raffle Prize Drawing for this beautiful quilt donated by the Emmanuel Lutheran Quilters of Prescott Valley Arizona raised $350
All proceeds have been provided to Feed Hungry Children Program in Prescott Valley Arizona
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 35
Paralegal robot reviews patent documents There is a new software RoboReview that helps patent
lawyers draft applications that are more likely to pass muster with the USPTO It automates paralegal
work bringing more rigor to the task of researching prior art and potentially saving thousands of dollars
on a filing Typically this review is done by humans doing multiple searches To read more visit the
ABA Journal httpwwwabajournalcomnewsarticlepatent_document_robot_legal_review
Paralegal cries after being charged with stealing $12 million from law firm The paralegal was an
office manager for a law firm in downtown Toledo where prosecutors allege she embezzles money from
the firm and from the trust account of a disabled client between 2008 and September 2015 The suit
claims that the paralegal forged signatures and falsified bookkeeping software and other records to steal
from the firm The paralegal cried throughout the bond hearing She has been fired To read more about
this case visit httpwwwtoledobladecomCourts20170712Bond-set-at-100K-for-office-manager-
charged-with-embezzling-1-2Mhtml
Paralegal re-appointed to Florida Bar Section Priscilla Horn Warren a nationally and Florida
certified paralegal will continue to serve on the States Solo and Small Firm Section as their paralegal
representative for 2017-2018 term Warren has continuously served as paralegal liaison with the section
since 1995
Law Firm not liable for paralegal mistake on $15 bn loan A New York Judge found that the firm did
not owe a duty of case to third parties The paralegal had accidentally cancelled the security interest of a
$15 billion loan to General Motors The firm did not represent the lenders and as such did not owe a duty
to third parties JP Morgan Chase acted as lenders and its lawyers also missed the mistake The mistake
was only noticed when GM filed for bankruptcy protection in 2009 To read more visit
httpwwwgloballegalpostcombig-storiesmayer-brown-not-liable-for-paralegal-mistake-on-$15-bn-
loan-73921531
Lawyer and paralegal arrested after being found with meth pipes and other drug paraphernalia
The attorney claimed that the equipment didnt belong to him (my paralegal did it defense) To read
more visit httpwwwarkansasmatterscomnewslocal-newsconway-lawyer-and-paralegal-arrested-on-
drug-possession769588833
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 36
DIAMOND SPONSORS
National Health Finance
ABI Document Support Services
RUBY SPONSORS
Nationwide Legal Inc
Vocational Diagnostics Inc
EMERALD SPONSORS
MBA Legal Transcription
First Legal Network
LexisNexis
Coash amp Coash
Robert E ldquoBobrdquo Underdown The Insurance Archaeologist
Jones Skelton amp Hochuli
THANK YOU TO OUR SPONSORS AT OUR ANNUAL LEGAL CONFERENCE AND 40TH ANNIVERSARY CELEBRATION
Thank you to the individuals and businesses that support the Arizona Paralegal
Association in our efforts to promote and educate the paralegal community by
becoming Legal Seminar Sponsors The assistance of our sponsors has been vital in
bringing educational programs to paralegals across Arizona This Legal Seminar would
not be possible without the help of the sponsors and we hope you will join us in
PEARL SPONSORS
Compex Legal Services Inc
Kathy Hanchette Premier Designs
Robson Forensic
Parasec
Iron Mountain
Litigation Services
Fronteo
The Morton Group
Integrated Medical Evaluations Inc
Elite Medical Experts
Lynn Tofaute Yanbal Jewelry
Griffin amp Associates
Discovia
Woolston amp Tarter PC
Ottmar amp Associates
Ballard Spahr LLP
DTI Global
Thank you to these Northern Arizona sponsors who have generously donated
prizes for the Arizona Paralegal Association drawing
Murphyrsquos Restaurant Prescott Arizona
Susanne Chacon Scentsy 9287108777
Yavapai Title 9284452528
Mangum Pearce Court Reporting 9284451909
Prescott Law group PLC 9284451909
Emmanuel Lutheran Quilters Prescott Valley
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 37
Congratulations to the Arizona Paralegal Association on 40 years
1 East Washington St Suite 2300
Phoenix AZ 85004
602798-5400
wwwballardspahrcom
6024851488
wwwOtmarAssoccom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 38
APA MEMBER JOB BANK
DONrsquoT FORGET TO CHECK OUR ONLINE
JOB BANK FOR UP-TO-DATE JOB LISTINGS
at httpwwwazparalegalorgjobbank
[In order to view the online Job Bank you must login
to our new website (using your email and password)
If you experience any difficulty logging in please
contact membershipazparalegalorg for assistance]
PARALEGAL - BANKRUPTCY LITIGATION
Position Overview
Under the supervision of one or more lawyer(s) the
Paralegal assists in the delivery of quality efficient
and accessible legal services in the bankruptcy real
estate corporate andor commercial litigation practice
groups
Responsibilities
Draft routine pleadings statements affidavits
andor other legal documentation as appropriate at
the specific direction of attorneys
Prepare initial drafts of legal documents for
bankruptcy proceedings including case captions
and simple pleadings such as claim forms requests
for notice or judicial notice etc
Arrange Court Call appearances communicates
and cooperates with Court clerks on filings and
appearance requirements and interacts with Court
personnel as necessary to serve client needs
Prepare initial drafts of fee applications when
representing estate professionals and oversecured
creditors in bankruptcy cases and in connection
with fee awards in other litigation contexts
including exhibits and declarations in support
Compile documents in connection with appeals
including designations and indexes of the record
district court elections and requests for transcripts
Draft notices of appearance substitutions of
counsel documents pro hac vice applications and
corporate ownership statements
Assist with discovery-related filings including
Bankruptcy Rule 2004 examination applications
notices and orders subpoenas and notice of
servicecompliance
Manage non-judicial trustees sale process
including security instrument review public
record filing review notice drafting service
completion bid compilation sale procedures
communications with interested parties deed upon
sale drafting and all necessary public recording
and filing
Perform ECF filings and review local rules for
pleading forms notice and service requirements
Fulfill duties to deliver court copies courtesy
copies lodged order uploads in pdf or Word and
complies with all local rule requirements
Organize index and track large numbers of
documents including development of information
(Continued on page 39)
DO YOU KNOW OF A PARALEGAL POSITION AT YOUR PLACE OF EMPLOYMENT
If so advise your employer that the APA offers ad space for paralegal jobs to employers free of charge To place a job bank ad or for information on a job send an e-mail to Betsy Wolf at jobbankazparalegalorg
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 39
APA MEMBER JOB BANK
retrieval systems performs all case management
functions
Perform calendaring or docketing of information
as needed
Research and obtain information from various
courts administrative bodies public information
sources etc
Performs electronic research using PACER court
websites Westlaw and Lexis in addition to
Shepardizing and Bluebooking citations
Coordinate efforts with trials and hearings such as
taking notes handling exhibits organizing and
gathering factual information etc
Attend trials or client meetings as needed inside
and outside the office that require face-to-face
contact
Coordinate vendors in conjunction with a project
such as court reporters process servers copy
vendors etc
Track time in DTE and assures that services
provided are properly charged to the client
Track expenses for travel client meetings and
court appearances
Essential Job SpecificationsQualifications
Familiarity with pleading notice and service rules
triggered in Chapter 7 and 11 Bankruptcy Courts
Familiarity with Uniform Commercial Code
enforcement process and procedures
Familiarity with basic corporate formation
practices and procedures
Ability to perform ECF filings
Excellent computer skills including Word Excel
PowerPoint and database applications
Ability to deal professionally with all levels of
clients both internally and externally
Proven ability to solve problems work
independently and tackle projects with minimal
supervision
Ability to be flexible meet deadlines handle
pressure and adapt to changing work priorities
work flow and work assignments
Ability to effectively and respectfully
communicate verbally and in writing with other
staff lawyers management and clients
Ability to organize a large amount of data and files
into an efficient system (both electronic and
hardcopy) for easy filing and retrieval
Ability to maintain confidences as well as build
confidences and trust
Ability to pay close attention to detail
Ability to work overtime up to 10 or more hours
per week
Ability to work off-site at client location(s) for
extended periods of time
Requires the ability to regularly report to work on
the days and times scheduled or alternatively to
work flex hours depending on lawyer and client
needs
Physical Demands
Ability to work in a typical office environment and
lift up to 25 lbs NOTE Reasonable
accommodations may be made to enable
individuals with disabilities to perform the
essential functions
Travel
Ability to travel locally
EducationExperienceCertifications
Bachelors Degree andor Paralegal Certificate
Minimum of two years experience with
bankruptcy and litigation practice(s) at a law firm
Disclaimer
The above statements are intended to describe the
general nature and level of work being performed by
the incumbent in the position They are not intended
to be an exhaustive list of all responsibilities duties
and skills of the employee Duties and responsibilities
may change at any time with or without notice
(Job Bank hellip Continued from page 38)
(Continued on page 40)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 40
How to Apply Please send resume to
lisaspannbryancavecom
Equal Opportunity Employer
LITIGATION PARALEGAL - INSURANCE
DEFENSE
Jones Skelton amp Hochuli is seeking an ambitious
paralegal with 5+ years of experience in general civil
litigation and experience in State and Federal courts
The ideal candidate will have a stable work history
and exceptional communication and organizational
skills We offer a competitive salary and benefits
package and a team-oriented working environment
Please email your resume to Recruitingjshfirmcom
AAEOE
EXPERIENCED LITIGATION PARALEGAL
Dickinson Wright PLLC (Phoenix office) is in need of
a litigation paralegal
Requires a minimum of three yearsrsquo recent experience
in Arizona law
Job Description
Organize and synthesize information through the
preparation of summaries chronologies reports
spreadsheets
Draft and review routine legal documents (eg
privilege logs exhibit lists discovery disclosures
etc)
Assist attorneys on cases by providing
computerized support to help them plan organize
research analyze argue and present their cases in
a more cost and time efficient manner
Provide the day-to-day support of data
management
Assist attorney in trial preparation and set-up of
electronic equipment in the courtroom provides
court assistance as required
Assist with managing cases projects on various
levels and at various stages of the litigation
process
Candidates must have excellent communication skills
for contacting clients experts and other outside
parties have knowledge of state and federal court
rules procedures and e-filing requirements drafting
be self-motivated a team player proficient in MW
Word Outlook 2010 and a working knowledge of
document management systems Relativity and Trial
Director experience is a must
EducationalExperience requirements
Paralegal certificate from ABA school or
certification
We offer a competitive salary and benefits package
and an outstanding work environment All candidates
must submit a cover letter resume and salary history
Please email resumes to
LMandellDickinsonwrightcom
EXPERIENCED FAMILY LAW PARALEGAL
Cantor Law Group an AV-rated six-attorney family
law firm located in downtown Phoenix seeks a sharp
paralegal with at least two years of recent Arizona
family law experience In this position you will work
closely with an associate attorney to manage a case
load of 40+ cases covering a wide range of domestic
relations issues Experience with high-asset andor
DCS cases is a plus Must be a strong writer able to
draft pleadings and correspondence Exceptional
people skills are needed as there is a great deal of
client contact
An attractive compensation and benefits package is
available for the right candidate In addition to a
competitive salary and bonus opportunities we offer
an outstanding benefits package including ten paid
(Job Bank hellip Continued from page 39)
(Continued on page 41)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 41
holidays per year ten days paid vacation days yearly
five days personal paid time off yearly as well as the
availability of medical dental vision and life
insurance A 401K with a very generous employer
match is offered after one year
Requirements
2 years recent Arizona family law experience
Proactive able to handle and direct caseload with
minimal supervision
Attention to detail and excellent follow-up
Excellent analytical capabilities amp writing skills
able to draft substantive motions for attorney
review
Work well as a member of a fast-paced team
Professional appearance demeanor and attitude
Great client relations skills
Excellent computer skills including proficiency in
MS Word and other MS Office applications
Paralegal certification preferred (not required)
Knowledge of Time Matters or other case
management software a plus
Please send resumes to hrdmcantorcom
EXPERIENCED CRIMINAL DEFENSE
PARALEGAL
The Law Offices of David Michael Cantor an AV
rated criminal defense firm in Downtown Phoenix is
seeking an experienced paralegal with felony amp
misdemeanor experience to work closely with our
attorneys Our practice includes the full spectrum of
criminal charges and you will have the opportunity to
work on cases involving drug charges violent crime
sex offenses white collar crime property crime and
DUIs
The job
Proactively manage a substantial caseload without
direct supervision
Prepare and file pleadings according to attorney
instructions
Prepare trial notebooks and handle all trial prep
work
Create high quality correspondence and other
documents with little to no supervision
Maintain professional relationships with law
enforcement and prosecutors
Provide excellent customer service for our clients
Support 1-2 attorneys
We offer
Competitive compensation
Outstanding benefits including medical dental
vision lifeADampD coverage
401K with generous employer match
Paid vacation and sick time
Ten paid holidays per year
You
2+ years of private Arizona defense experience
handling both misdemeanor and felony charges
Familiar with Arizona courts and MVD
Proactive ndash needs little supervision
Great follow-up skills and attention to detail
Excellent writing skills
Professional appearance and behavior
MS Word and other MS Office applications
Keyboard speed 50+ wpm
Reliable
Enjoy being a member of a friendly team of
professionals
Experience with Abacus or other case
management software desirable
Please send resumes to hrdmcantorcom
PARALEGAL
Sentry Insurance is looking for a Paralegal to provide
litigation and administrative support to our Staff
(Job Bank hellip Continued from page 40)
(Continued on page 42)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 42
Counsel operation If you are looking for a career
with great potential choose the company with the
strength and stability to offer it all
What Yoursquoll Do
As the Paralegal yoursquoll assist the attorney staff by
performing legal activities which do not require
attorney signature client advise or appearances in
court In addition yoursquoll
Assist in the preparation of responses to discovery
under direct supervision of an attorney
Perform factual investigations and document
searches
Obtain investigative materials and policy
information
Contact insureds and other witnesses to obtain
factual statements
Coordinate scheduling of litigation activities and
witness appearances
What it Takes
Associate Degree or equivalent work experience
2-5 years of related work experience at least one
year in litigation practice
American Bar Association-Certified Paralegal
Training
Advanced knowledge of case management and
knowledge of and ability to perform legal
research
Experience with resources such as Westlaw and
Lexis
Strong analytical ability and knowledge of
litigation processes
Strong organizational and communication skills
Ability to maintain confidentiality
Strong working knowledge of the Internet
PowerPoint Excel and Word and familiarity with
legal case management software (ProLaw Clio
etc)
Ability to work independently and in multi-
jurisdictional venues
Must be able to meet travel requirements of the
job
What Yoursquoll Receive
We offer an outstanding array of benefits for our
associates including
Competitive Compensation
Group Medical Dental Vision and Life benefits
Generous Paid-Time Off - including Company
Holidays
401k plan with a dollar-for-dollar match on your
first six percent ndash immediate vesting
Access to more than 100 certification designation
and licensing courses
Career advancement opportunities
Why Sentry Insurance
Sentry employees have been helping individuals and
businesses build and protect their futures since 1904
Because of the trust placed in us Sentry is one of the
largest and strongest mutual insurance companies in
the United States and is rated A+ by AM Best the
industrys leading rating authority Sentry offers a full
line of property casualty and life insurance products
to protect businesses cars homes lives and retirement
incomes
So make the right choice - with great potential for
growth an outstanding 401(k) program and a schedule
that offers you a balance between your work and life
choose the company with the strength and stability to
offer it all Choose Sentry Insurance Sentry
Insurance is an Equal Opportunity Employer Apply
online at httpsjobssentrycomsearch119871
FULL-TIME LEGAL SECRETARY ASSISTANT
Mid-sized law office is seeking a self-motivated and
highly organized legal secretary with a minimum of 5
years of experience supporting 2 or more attorneys
Position will support multiple attorneys with case
management assistance calendaring state and federal
court filings formatting correspondence and
(Job Bank hellip Continued from page 41)
(Continued on page 43)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 43
pleadings copying mailing and other clerical duties
Optimal candidate will be able to accept and
implement directives maintain focus in hectic
environment keep attorneys informed of progress at
regular intervals and prioritize multiple projects
Working knowledge of MS Word amp Excel required
Associatersquos degree and background in litigation andor
insurance preferred EEOC Please email reacutesumeacute and
cover letter with salary requirements to
admincdslawfirmcom
EXPERIENCED PLAINTIFFS PERSONAL
INJURY LEGAL ASSISTANT
Small growing fast-paced Central Phoenix Personal
Injury Law Firm seeking full-time Legal Assistant to
join our team
Candidate must have excellent skills and 5 years
experience in a Plaintiffs Personal Injury Law Firm
with an ability to perform in a fast paced environment
Bi-lingual (SpanishEnglish) preferred but not
required Position involves significant interaction with
clients and requires attention to detail Good
organizational skills with a strong work ethic are
essential as is the ability to multi-task
Responsibilities include handling a large pre-litigation
caseload interfacing with attorneys and legal
assistants Must be proficient with MS Word Outlook
and Needles Case Management (preferred but not
necessary) Salary is competitive and DOE
Qualified candidates should e-mail resume with a
cover letter detailing their skills employment history
and salary requirements to
acoronadoblakefirmcom
(Job Bank hellip Continued from page 42)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 44
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
NALA Campus LIVE - Live web seminars are offered in two sessions each year FebruarymdashMay and AugustmdashNovember Each ses-sion features about 30 on-line seminars The audio files and handout material are copyrighted by NALA and the authors They are for personal use only Duplication of any of the material or any commercial use is strictly prohibited
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics httpswwwnalaorgcontinuing-educationwebinars NALA Campus LIVE - Live web semi-nars are offered in two sessions each year FebruarymdashMay and AugustmdashNovember Each session features about 30 on-line seminars The audio files and handout material are copy-righted by NALA and the authors They are for personal use only Dupli-cation of any of the material or any commercial use is strictly prohibited
82217 Music Law and Intellectual Property Rights
82417 So the Plaintiffrsquos on Medicare
82017 The ABCrsquos of Special Education
In addition to the Live Webinars NALA has On-Demand Webinar Courses available httpswwwnalaorgcontinuing-educationon-demand-webinar NALA also has a wide variety of available Self-Study courses as well as the Live Webinars You can access the Self-Study courses here httpswwwnalaorgcontinuing-educationself-study Many of these courses are recommended for preparing for the CP exam
NATIONAL BUSINESS INSTITUTE
wwwnbi-semscom
Live Video Webcasts
httpwwwnbi-semscomDefaultaspxVideo-WebcastsNavigationDataSource1=N63782
OnDemand amp Downloads
httpwwwnbi-semscomContentaspxst=ArizonaampNavigationDataSource1=N63932-63947
8817 Probate Boot Camp
8917 Real Estate Title and Conveyance Handling the Top
Issues
8917 Marijuana Business Legal Considerations
81417 Legal Descriptions Title Insurance and Surveys in Real
Estate Transactions
81517 Advanced Custody and Support Issues
81617 Personal Injury Trials 101
82117 Trusts from Start to Finish
82217 How to Get Your Clients Paid Debt Collection 101
82317 Bankruptcy The Ultimate Guide to Chapter 7 and 13
82817 Conflicts of Interest A Practical Legal Ethics Guide
82917 Using LLCs to Protect Assets
83017 Complex Social Security Law Issues
83017 Dealing With Problem Employees A Legal Response
Guide
And many morehellip
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 45
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
Lorman Live Webinars wwwlormancom You can find many more seminars listed at httpwwwlormancomlive-webinar
ON DEMAND WEBINARS
There are many OnDemand Webinars to choose from also
httpwwwlormancomondemand
8317 Electronic Record Retention Mistakes HR
Professionals Can Avoid
8317 HUD Section 3 Compliance Tips for Governments
8417 Paralegals Guide to Unauthorized Practice of Law
8817 Protecting High-Risk Clientsrsquo Assets Against lawsuits
8817 Tips and Tricks to Improve Your Telephone Attitude
8917 Rules and Guidelines When Dealing With Statute of
Limitations
8917 Utilizing Formulas in Microsoft Excel
81017 Early Retirement Incentives Navigating the Legal
Issues
And many more
Maricopa County Bar Association CLE CALENDAR
httpmcbasite-ymcomeventsevent_listasp
LEXIS NEXIS Paralegal Community
has some good information as well
Check it out at httplawlexisnexiscomcommunityportalarticlesdefaultaspxg=QfsTyLJ1USs=ampc=EZggD7hDKLw=
Arizona Bar Association wwwazbarorgCLE
OnDemand CLE
httpsazbarinreachcecomSearchmediaType=494a95bb-1e05-4c5b-a25f-36ad84bd4c39
82217 State Bar of Arizona Course on Professionalism
82317 Steering Clear of Malpractice Road Bumps
82417 Traffic Offenses
82517 Probate Rule 10(E)(2) Subsequent Training for Court-
Appointed Counsel
83017 A Survey of Family Law
And many more
ALA-ABI wwwali-abaorg
The ALI-ABA site has excellent online CLE courses forms printed books MP3 CDROMs CLE DVDs CLE MP3 Downloads CLE Court Materials and Course Papers
81017 Powers of Attorney Latest Legal Developments
81717 Creating and Maintaining a Paperless Practice
Improve Workflow Increase Efficiency
82317 Hot Topics in Legal Ethics
And many more
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 46
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
Organization for Legal Professionals wwwtheolporgeducation
Online Courses
Litigation Support Project Management
Paralegal Management Certificate Program
Project Management in Electronic Discovery
Computer Technology Skills for Paralegals
Legal amp EDiscovery Project Management Course
Institute of Paralegal Education httpipenbi-semscomContentaspxNavigationDataSource1=N63943 Webcasts amp Webinars httpipenbi-semscomContentaspxNavigationDataSource1=Rpp20NspEventDateSort7c1017c17cN63944-4294952056
Webcasts amp Webinars
8217 Medical records Made Easy for Paralegals
8817 Case Management for Paralegals Managing
Documents Files Calendars and Tasks
81717 A Paralegalrsquos Guide to Divorce Cases
82217 The Paralegalrsquos Guide to Probate
82317 Construction Law 101 for Paralegals
82417 Corporate Minute Books A How-To Guide for
Paralegals
82917 Smartphone Apps and Tricks for Paralegals
83017 Managing the Discovery Process A Paralegalrsquos Guide
91217 Paralegalrsquos Guide to Legal Research and Citation
Management
National Constitution Center wwwconstitutionconferencescom
8817 Legal and binding E-Contracts What Works in a Digital World
82117 Retaliation Claims Protect Clients from EEOC Charges amp Private Suits
West Legal Education wwwwestlegaledcentercom
If you know of any other sources for CLE and would like listings to be placed in this
publication please email Newsletterazparalegalorg
- Front Cover
- Table of Contents
- Board of Directors
- APA Announcements
- APA Member News
- 10 Employer Considerations in Light of Arizonas New Paid Sick Time
- Paralegals strike out on firing claims
- Wearable technology Counting the steps to a defense verdict
- August Webinar
- To Lay or Lie
- Sticky Business Etiquette Questions amp Answers
- September Webinar
- Tucson Paralegal Associations 38th Annual Seminar
- The Verdict
- The Brief
- NewBytes
- APA Job Bank
- Got CLE
-
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 34
THANK YOU
Our Charity Raffle Prize Drawing for this beautiful quilt donated by the Emmanuel Lutheran Quilters of Prescott Valley Arizona raised $350
All proceeds have been provided to Feed Hungry Children Program in Prescott Valley Arizona
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 35
Paralegal robot reviews patent documents There is a new software RoboReview that helps patent
lawyers draft applications that are more likely to pass muster with the USPTO It automates paralegal
work bringing more rigor to the task of researching prior art and potentially saving thousands of dollars
on a filing Typically this review is done by humans doing multiple searches To read more visit the
ABA Journal httpwwwabajournalcomnewsarticlepatent_document_robot_legal_review
Paralegal cries after being charged with stealing $12 million from law firm The paralegal was an
office manager for a law firm in downtown Toledo where prosecutors allege she embezzles money from
the firm and from the trust account of a disabled client between 2008 and September 2015 The suit
claims that the paralegal forged signatures and falsified bookkeeping software and other records to steal
from the firm The paralegal cried throughout the bond hearing She has been fired To read more about
this case visit httpwwwtoledobladecomCourts20170712Bond-set-at-100K-for-office-manager-
charged-with-embezzling-1-2Mhtml
Paralegal re-appointed to Florida Bar Section Priscilla Horn Warren a nationally and Florida
certified paralegal will continue to serve on the States Solo and Small Firm Section as their paralegal
representative for 2017-2018 term Warren has continuously served as paralegal liaison with the section
since 1995
Law Firm not liable for paralegal mistake on $15 bn loan A New York Judge found that the firm did
not owe a duty of case to third parties The paralegal had accidentally cancelled the security interest of a
$15 billion loan to General Motors The firm did not represent the lenders and as such did not owe a duty
to third parties JP Morgan Chase acted as lenders and its lawyers also missed the mistake The mistake
was only noticed when GM filed for bankruptcy protection in 2009 To read more visit
httpwwwgloballegalpostcombig-storiesmayer-brown-not-liable-for-paralegal-mistake-on-$15-bn-
loan-73921531
Lawyer and paralegal arrested after being found with meth pipes and other drug paraphernalia
The attorney claimed that the equipment didnt belong to him (my paralegal did it defense) To read
more visit httpwwwarkansasmatterscomnewslocal-newsconway-lawyer-and-paralegal-arrested-on-
drug-possession769588833
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 36
DIAMOND SPONSORS
National Health Finance
ABI Document Support Services
RUBY SPONSORS
Nationwide Legal Inc
Vocational Diagnostics Inc
EMERALD SPONSORS
MBA Legal Transcription
First Legal Network
LexisNexis
Coash amp Coash
Robert E ldquoBobrdquo Underdown The Insurance Archaeologist
Jones Skelton amp Hochuli
THANK YOU TO OUR SPONSORS AT OUR ANNUAL LEGAL CONFERENCE AND 40TH ANNIVERSARY CELEBRATION
Thank you to the individuals and businesses that support the Arizona Paralegal
Association in our efforts to promote and educate the paralegal community by
becoming Legal Seminar Sponsors The assistance of our sponsors has been vital in
bringing educational programs to paralegals across Arizona This Legal Seminar would
not be possible without the help of the sponsors and we hope you will join us in
PEARL SPONSORS
Compex Legal Services Inc
Kathy Hanchette Premier Designs
Robson Forensic
Parasec
Iron Mountain
Litigation Services
Fronteo
The Morton Group
Integrated Medical Evaluations Inc
Elite Medical Experts
Lynn Tofaute Yanbal Jewelry
Griffin amp Associates
Discovia
Woolston amp Tarter PC
Ottmar amp Associates
Ballard Spahr LLP
DTI Global
Thank you to these Northern Arizona sponsors who have generously donated
prizes for the Arizona Paralegal Association drawing
Murphyrsquos Restaurant Prescott Arizona
Susanne Chacon Scentsy 9287108777
Yavapai Title 9284452528
Mangum Pearce Court Reporting 9284451909
Prescott Law group PLC 9284451909
Emmanuel Lutheran Quilters Prescott Valley
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 37
Congratulations to the Arizona Paralegal Association on 40 years
1 East Washington St Suite 2300
Phoenix AZ 85004
602798-5400
wwwballardspahrcom
6024851488
wwwOtmarAssoccom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 38
APA MEMBER JOB BANK
DONrsquoT FORGET TO CHECK OUR ONLINE
JOB BANK FOR UP-TO-DATE JOB LISTINGS
at httpwwwazparalegalorgjobbank
[In order to view the online Job Bank you must login
to our new website (using your email and password)
If you experience any difficulty logging in please
contact membershipazparalegalorg for assistance]
PARALEGAL - BANKRUPTCY LITIGATION
Position Overview
Under the supervision of one or more lawyer(s) the
Paralegal assists in the delivery of quality efficient
and accessible legal services in the bankruptcy real
estate corporate andor commercial litigation practice
groups
Responsibilities
Draft routine pleadings statements affidavits
andor other legal documentation as appropriate at
the specific direction of attorneys
Prepare initial drafts of legal documents for
bankruptcy proceedings including case captions
and simple pleadings such as claim forms requests
for notice or judicial notice etc
Arrange Court Call appearances communicates
and cooperates with Court clerks on filings and
appearance requirements and interacts with Court
personnel as necessary to serve client needs
Prepare initial drafts of fee applications when
representing estate professionals and oversecured
creditors in bankruptcy cases and in connection
with fee awards in other litigation contexts
including exhibits and declarations in support
Compile documents in connection with appeals
including designations and indexes of the record
district court elections and requests for transcripts
Draft notices of appearance substitutions of
counsel documents pro hac vice applications and
corporate ownership statements
Assist with discovery-related filings including
Bankruptcy Rule 2004 examination applications
notices and orders subpoenas and notice of
servicecompliance
Manage non-judicial trustees sale process
including security instrument review public
record filing review notice drafting service
completion bid compilation sale procedures
communications with interested parties deed upon
sale drafting and all necessary public recording
and filing
Perform ECF filings and review local rules for
pleading forms notice and service requirements
Fulfill duties to deliver court copies courtesy
copies lodged order uploads in pdf or Word and
complies with all local rule requirements
Organize index and track large numbers of
documents including development of information
(Continued on page 39)
DO YOU KNOW OF A PARALEGAL POSITION AT YOUR PLACE OF EMPLOYMENT
If so advise your employer that the APA offers ad space for paralegal jobs to employers free of charge To place a job bank ad or for information on a job send an e-mail to Betsy Wolf at jobbankazparalegalorg
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 39
APA MEMBER JOB BANK
retrieval systems performs all case management
functions
Perform calendaring or docketing of information
as needed
Research and obtain information from various
courts administrative bodies public information
sources etc
Performs electronic research using PACER court
websites Westlaw and Lexis in addition to
Shepardizing and Bluebooking citations
Coordinate efforts with trials and hearings such as
taking notes handling exhibits organizing and
gathering factual information etc
Attend trials or client meetings as needed inside
and outside the office that require face-to-face
contact
Coordinate vendors in conjunction with a project
such as court reporters process servers copy
vendors etc
Track time in DTE and assures that services
provided are properly charged to the client
Track expenses for travel client meetings and
court appearances
Essential Job SpecificationsQualifications
Familiarity with pleading notice and service rules
triggered in Chapter 7 and 11 Bankruptcy Courts
Familiarity with Uniform Commercial Code
enforcement process and procedures
Familiarity with basic corporate formation
practices and procedures
Ability to perform ECF filings
Excellent computer skills including Word Excel
PowerPoint and database applications
Ability to deal professionally with all levels of
clients both internally and externally
Proven ability to solve problems work
independently and tackle projects with minimal
supervision
Ability to be flexible meet deadlines handle
pressure and adapt to changing work priorities
work flow and work assignments
Ability to effectively and respectfully
communicate verbally and in writing with other
staff lawyers management and clients
Ability to organize a large amount of data and files
into an efficient system (both electronic and
hardcopy) for easy filing and retrieval
Ability to maintain confidences as well as build
confidences and trust
Ability to pay close attention to detail
Ability to work overtime up to 10 or more hours
per week
Ability to work off-site at client location(s) for
extended periods of time
Requires the ability to regularly report to work on
the days and times scheduled or alternatively to
work flex hours depending on lawyer and client
needs
Physical Demands
Ability to work in a typical office environment and
lift up to 25 lbs NOTE Reasonable
accommodations may be made to enable
individuals with disabilities to perform the
essential functions
Travel
Ability to travel locally
EducationExperienceCertifications
Bachelors Degree andor Paralegal Certificate
Minimum of two years experience with
bankruptcy and litigation practice(s) at a law firm
Disclaimer
The above statements are intended to describe the
general nature and level of work being performed by
the incumbent in the position They are not intended
to be an exhaustive list of all responsibilities duties
and skills of the employee Duties and responsibilities
may change at any time with or without notice
(Job Bank hellip Continued from page 38)
(Continued on page 40)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 40
How to Apply Please send resume to
lisaspannbryancavecom
Equal Opportunity Employer
LITIGATION PARALEGAL - INSURANCE
DEFENSE
Jones Skelton amp Hochuli is seeking an ambitious
paralegal with 5+ years of experience in general civil
litigation and experience in State and Federal courts
The ideal candidate will have a stable work history
and exceptional communication and organizational
skills We offer a competitive salary and benefits
package and a team-oriented working environment
Please email your resume to Recruitingjshfirmcom
AAEOE
EXPERIENCED LITIGATION PARALEGAL
Dickinson Wright PLLC (Phoenix office) is in need of
a litigation paralegal
Requires a minimum of three yearsrsquo recent experience
in Arizona law
Job Description
Organize and synthesize information through the
preparation of summaries chronologies reports
spreadsheets
Draft and review routine legal documents (eg
privilege logs exhibit lists discovery disclosures
etc)
Assist attorneys on cases by providing
computerized support to help them plan organize
research analyze argue and present their cases in
a more cost and time efficient manner
Provide the day-to-day support of data
management
Assist attorney in trial preparation and set-up of
electronic equipment in the courtroom provides
court assistance as required
Assist with managing cases projects on various
levels and at various stages of the litigation
process
Candidates must have excellent communication skills
for contacting clients experts and other outside
parties have knowledge of state and federal court
rules procedures and e-filing requirements drafting
be self-motivated a team player proficient in MW
Word Outlook 2010 and a working knowledge of
document management systems Relativity and Trial
Director experience is a must
EducationalExperience requirements
Paralegal certificate from ABA school or
certification
We offer a competitive salary and benefits package
and an outstanding work environment All candidates
must submit a cover letter resume and salary history
Please email resumes to
LMandellDickinsonwrightcom
EXPERIENCED FAMILY LAW PARALEGAL
Cantor Law Group an AV-rated six-attorney family
law firm located in downtown Phoenix seeks a sharp
paralegal with at least two years of recent Arizona
family law experience In this position you will work
closely with an associate attorney to manage a case
load of 40+ cases covering a wide range of domestic
relations issues Experience with high-asset andor
DCS cases is a plus Must be a strong writer able to
draft pleadings and correspondence Exceptional
people skills are needed as there is a great deal of
client contact
An attractive compensation and benefits package is
available for the right candidate In addition to a
competitive salary and bonus opportunities we offer
an outstanding benefits package including ten paid
(Job Bank hellip Continued from page 39)
(Continued on page 41)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 41
holidays per year ten days paid vacation days yearly
five days personal paid time off yearly as well as the
availability of medical dental vision and life
insurance A 401K with a very generous employer
match is offered after one year
Requirements
2 years recent Arizona family law experience
Proactive able to handle and direct caseload with
minimal supervision
Attention to detail and excellent follow-up
Excellent analytical capabilities amp writing skills
able to draft substantive motions for attorney
review
Work well as a member of a fast-paced team
Professional appearance demeanor and attitude
Great client relations skills
Excellent computer skills including proficiency in
MS Word and other MS Office applications
Paralegal certification preferred (not required)
Knowledge of Time Matters or other case
management software a plus
Please send resumes to hrdmcantorcom
EXPERIENCED CRIMINAL DEFENSE
PARALEGAL
The Law Offices of David Michael Cantor an AV
rated criminal defense firm in Downtown Phoenix is
seeking an experienced paralegal with felony amp
misdemeanor experience to work closely with our
attorneys Our practice includes the full spectrum of
criminal charges and you will have the opportunity to
work on cases involving drug charges violent crime
sex offenses white collar crime property crime and
DUIs
The job
Proactively manage a substantial caseload without
direct supervision
Prepare and file pleadings according to attorney
instructions
Prepare trial notebooks and handle all trial prep
work
Create high quality correspondence and other
documents with little to no supervision
Maintain professional relationships with law
enforcement and prosecutors
Provide excellent customer service for our clients
Support 1-2 attorneys
We offer
Competitive compensation
Outstanding benefits including medical dental
vision lifeADampD coverage
401K with generous employer match
Paid vacation and sick time
Ten paid holidays per year
You
2+ years of private Arizona defense experience
handling both misdemeanor and felony charges
Familiar with Arizona courts and MVD
Proactive ndash needs little supervision
Great follow-up skills and attention to detail
Excellent writing skills
Professional appearance and behavior
MS Word and other MS Office applications
Keyboard speed 50+ wpm
Reliable
Enjoy being a member of a friendly team of
professionals
Experience with Abacus or other case
management software desirable
Please send resumes to hrdmcantorcom
PARALEGAL
Sentry Insurance is looking for a Paralegal to provide
litigation and administrative support to our Staff
(Job Bank hellip Continued from page 40)
(Continued on page 42)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 42
Counsel operation If you are looking for a career
with great potential choose the company with the
strength and stability to offer it all
What Yoursquoll Do
As the Paralegal yoursquoll assist the attorney staff by
performing legal activities which do not require
attorney signature client advise or appearances in
court In addition yoursquoll
Assist in the preparation of responses to discovery
under direct supervision of an attorney
Perform factual investigations and document
searches
Obtain investigative materials and policy
information
Contact insureds and other witnesses to obtain
factual statements
Coordinate scheduling of litigation activities and
witness appearances
What it Takes
Associate Degree or equivalent work experience
2-5 years of related work experience at least one
year in litigation practice
American Bar Association-Certified Paralegal
Training
Advanced knowledge of case management and
knowledge of and ability to perform legal
research
Experience with resources such as Westlaw and
Lexis
Strong analytical ability and knowledge of
litigation processes
Strong organizational and communication skills
Ability to maintain confidentiality
Strong working knowledge of the Internet
PowerPoint Excel and Word and familiarity with
legal case management software (ProLaw Clio
etc)
Ability to work independently and in multi-
jurisdictional venues
Must be able to meet travel requirements of the
job
What Yoursquoll Receive
We offer an outstanding array of benefits for our
associates including
Competitive Compensation
Group Medical Dental Vision and Life benefits
Generous Paid-Time Off - including Company
Holidays
401k plan with a dollar-for-dollar match on your
first six percent ndash immediate vesting
Access to more than 100 certification designation
and licensing courses
Career advancement opportunities
Why Sentry Insurance
Sentry employees have been helping individuals and
businesses build and protect their futures since 1904
Because of the trust placed in us Sentry is one of the
largest and strongest mutual insurance companies in
the United States and is rated A+ by AM Best the
industrys leading rating authority Sentry offers a full
line of property casualty and life insurance products
to protect businesses cars homes lives and retirement
incomes
So make the right choice - with great potential for
growth an outstanding 401(k) program and a schedule
that offers you a balance between your work and life
choose the company with the strength and stability to
offer it all Choose Sentry Insurance Sentry
Insurance is an Equal Opportunity Employer Apply
online at httpsjobssentrycomsearch119871
FULL-TIME LEGAL SECRETARY ASSISTANT
Mid-sized law office is seeking a self-motivated and
highly organized legal secretary with a minimum of 5
years of experience supporting 2 or more attorneys
Position will support multiple attorneys with case
management assistance calendaring state and federal
court filings formatting correspondence and
(Job Bank hellip Continued from page 41)
(Continued on page 43)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 43
pleadings copying mailing and other clerical duties
Optimal candidate will be able to accept and
implement directives maintain focus in hectic
environment keep attorneys informed of progress at
regular intervals and prioritize multiple projects
Working knowledge of MS Word amp Excel required
Associatersquos degree and background in litigation andor
insurance preferred EEOC Please email reacutesumeacute and
cover letter with salary requirements to
admincdslawfirmcom
EXPERIENCED PLAINTIFFS PERSONAL
INJURY LEGAL ASSISTANT
Small growing fast-paced Central Phoenix Personal
Injury Law Firm seeking full-time Legal Assistant to
join our team
Candidate must have excellent skills and 5 years
experience in a Plaintiffs Personal Injury Law Firm
with an ability to perform in a fast paced environment
Bi-lingual (SpanishEnglish) preferred but not
required Position involves significant interaction with
clients and requires attention to detail Good
organizational skills with a strong work ethic are
essential as is the ability to multi-task
Responsibilities include handling a large pre-litigation
caseload interfacing with attorneys and legal
assistants Must be proficient with MS Word Outlook
and Needles Case Management (preferred but not
necessary) Salary is competitive and DOE
Qualified candidates should e-mail resume with a
cover letter detailing their skills employment history
and salary requirements to
acoronadoblakefirmcom
(Job Bank hellip Continued from page 42)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 44
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
NALA Campus LIVE - Live web seminars are offered in two sessions each year FebruarymdashMay and AugustmdashNovember Each ses-sion features about 30 on-line seminars The audio files and handout material are copyrighted by NALA and the authors They are for personal use only Duplication of any of the material or any commercial use is strictly prohibited
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics httpswwwnalaorgcontinuing-educationwebinars NALA Campus LIVE - Live web semi-nars are offered in two sessions each year FebruarymdashMay and AugustmdashNovember Each session features about 30 on-line seminars The audio files and handout material are copy-righted by NALA and the authors They are for personal use only Dupli-cation of any of the material or any commercial use is strictly prohibited
82217 Music Law and Intellectual Property Rights
82417 So the Plaintiffrsquos on Medicare
82017 The ABCrsquos of Special Education
In addition to the Live Webinars NALA has On-Demand Webinar Courses available httpswwwnalaorgcontinuing-educationon-demand-webinar NALA also has a wide variety of available Self-Study courses as well as the Live Webinars You can access the Self-Study courses here httpswwwnalaorgcontinuing-educationself-study Many of these courses are recommended for preparing for the CP exam
NATIONAL BUSINESS INSTITUTE
wwwnbi-semscom
Live Video Webcasts
httpwwwnbi-semscomDefaultaspxVideo-WebcastsNavigationDataSource1=N63782
OnDemand amp Downloads
httpwwwnbi-semscomContentaspxst=ArizonaampNavigationDataSource1=N63932-63947
8817 Probate Boot Camp
8917 Real Estate Title and Conveyance Handling the Top
Issues
8917 Marijuana Business Legal Considerations
81417 Legal Descriptions Title Insurance and Surveys in Real
Estate Transactions
81517 Advanced Custody and Support Issues
81617 Personal Injury Trials 101
82117 Trusts from Start to Finish
82217 How to Get Your Clients Paid Debt Collection 101
82317 Bankruptcy The Ultimate Guide to Chapter 7 and 13
82817 Conflicts of Interest A Practical Legal Ethics Guide
82917 Using LLCs to Protect Assets
83017 Complex Social Security Law Issues
83017 Dealing With Problem Employees A Legal Response
Guide
And many morehellip
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 45
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
Lorman Live Webinars wwwlormancom You can find many more seminars listed at httpwwwlormancomlive-webinar
ON DEMAND WEBINARS
There are many OnDemand Webinars to choose from also
httpwwwlormancomondemand
8317 Electronic Record Retention Mistakes HR
Professionals Can Avoid
8317 HUD Section 3 Compliance Tips for Governments
8417 Paralegals Guide to Unauthorized Practice of Law
8817 Protecting High-Risk Clientsrsquo Assets Against lawsuits
8817 Tips and Tricks to Improve Your Telephone Attitude
8917 Rules and Guidelines When Dealing With Statute of
Limitations
8917 Utilizing Formulas in Microsoft Excel
81017 Early Retirement Incentives Navigating the Legal
Issues
And many more
Maricopa County Bar Association CLE CALENDAR
httpmcbasite-ymcomeventsevent_listasp
LEXIS NEXIS Paralegal Community
has some good information as well
Check it out at httplawlexisnexiscomcommunityportalarticlesdefaultaspxg=QfsTyLJ1USs=ampc=EZggD7hDKLw=
Arizona Bar Association wwwazbarorgCLE
OnDemand CLE
httpsazbarinreachcecomSearchmediaType=494a95bb-1e05-4c5b-a25f-36ad84bd4c39
82217 State Bar of Arizona Course on Professionalism
82317 Steering Clear of Malpractice Road Bumps
82417 Traffic Offenses
82517 Probate Rule 10(E)(2) Subsequent Training for Court-
Appointed Counsel
83017 A Survey of Family Law
And many more
ALA-ABI wwwali-abaorg
The ALI-ABA site has excellent online CLE courses forms printed books MP3 CDROMs CLE DVDs CLE MP3 Downloads CLE Court Materials and Course Papers
81017 Powers of Attorney Latest Legal Developments
81717 Creating and Maintaining a Paperless Practice
Improve Workflow Increase Efficiency
82317 Hot Topics in Legal Ethics
And many more
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 46
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
Organization for Legal Professionals wwwtheolporgeducation
Online Courses
Litigation Support Project Management
Paralegal Management Certificate Program
Project Management in Electronic Discovery
Computer Technology Skills for Paralegals
Legal amp EDiscovery Project Management Course
Institute of Paralegal Education httpipenbi-semscomContentaspxNavigationDataSource1=N63943 Webcasts amp Webinars httpipenbi-semscomContentaspxNavigationDataSource1=Rpp20NspEventDateSort7c1017c17cN63944-4294952056
Webcasts amp Webinars
8217 Medical records Made Easy for Paralegals
8817 Case Management for Paralegals Managing
Documents Files Calendars and Tasks
81717 A Paralegalrsquos Guide to Divorce Cases
82217 The Paralegalrsquos Guide to Probate
82317 Construction Law 101 for Paralegals
82417 Corporate Minute Books A How-To Guide for
Paralegals
82917 Smartphone Apps and Tricks for Paralegals
83017 Managing the Discovery Process A Paralegalrsquos Guide
91217 Paralegalrsquos Guide to Legal Research and Citation
Management
National Constitution Center wwwconstitutionconferencescom
8817 Legal and binding E-Contracts What Works in a Digital World
82117 Retaliation Claims Protect Clients from EEOC Charges amp Private Suits
West Legal Education wwwwestlegaledcentercom
If you know of any other sources for CLE and would like listings to be placed in this
publication please email Newsletterazparalegalorg
- Front Cover
- Table of Contents
- Board of Directors
- APA Announcements
- APA Member News
- 10 Employer Considerations in Light of Arizonas New Paid Sick Time
- Paralegals strike out on firing claims
- Wearable technology Counting the steps to a defense verdict
- August Webinar
- To Lay or Lie
- Sticky Business Etiquette Questions amp Answers
- September Webinar
- Tucson Paralegal Associations 38th Annual Seminar
- The Verdict
- The Brief
- NewBytes
- APA Job Bank
- Got CLE
-
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 35
Paralegal robot reviews patent documents There is a new software RoboReview that helps patent
lawyers draft applications that are more likely to pass muster with the USPTO It automates paralegal
work bringing more rigor to the task of researching prior art and potentially saving thousands of dollars
on a filing Typically this review is done by humans doing multiple searches To read more visit the
ABA Journal httpwwwabajournalcomnewsarticlepatent_document_robot_legal_review
Paralegal cries after being charged with stealing $12 million from law firm The paralegal was an
office manager for a law firm in downtown Toledo where prosecutors allege she embezzles money from
the firm and from the trust account of a disabled client between 2008 and September 2015 The suit
claims that the paralegal forged signatures and falsified bookkeeping software and other records to steal
from the firm The paralegal cried throughout the bond hearing She has been fired To read more about
this case visit httpwwwtoledobladecomCourts20170712Bond-set-at-100K-for-office-manager-
charged-with-embezzling-1-2Mhtml
Paralegal re-appointed to Florida Bar Section Priscilla Horn Warren a nationally and Florida
certified paralegal will continue to serve on the States Solo and Small Firm Section as their paralegal
representative for 2017-2018 term Warren has continuously served as paralegal liaison with the section
since 1995
Law Firm not liable for paralegal mistake on $15 bn loan A New York Judge found that the firm did
not owe a duty of case to third parties The paralegal had accidentally cancelled the security interest of a
$15 billion loan to General Motors The firm did not represent the lenders and as such did not owe a duty
to third parties JP Morgan Chase acted as lenders and its lawyers also missed the mistake The mistake
was only noticed when GM filed for bankruptcy protection in 2009 To read more visit
httpwwwgloballegalpostcombig-storiesmayer-brown-not-liable-for-paralegal-mistake-on-$15-bn-
loan-73921531
Lawyer and paralegal arrested after being found with meth pipes and other drug paraphernalia
The attorney claimed that the equipment didnt belong to him (my paralegal did it defense) To read
more visit httpwwwarkansasmatterscomnewslocal-newsconway-lawyer-and-paralegal-arrested-on-
drug-possession769588833
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 36
DIAMOND SPONSORS
National Health Finance
ABI Document Support Services
RUBY SPONSORS
Nationwide Legal Inc
Vocational Diagnostics Inc
EMERALD SPONSORS
MBA Legal Transcription
First Legal Network
LexisNexis
Coash amp Coash
Robert E ldquoBobrdquo Underdown The Insurance Archaeologist
Jones Skelton amp Hochuli
THANK YOU TO OUR SPONSORS AT OUR ANNUAL LEGAL CONFERENCE AND 40TH ANNIVERSARY CELEBRATION
Thank you to the individuals and businesses that support the Arizona Paralegal
Association in our efforts to promote and educate the paralegal community by
becoming Legal Seminar Sponsors The assistance of our sponsors has been vital in
bringing educational programs to paralegals across Arizona This Legal Seminar would
not be possible without the help of the sponsors and we hope you will join us in
PEARL SPONSORS
Compex Legal Services Inc
Kathy Hanchette Premier Designs
Robson Forensic
Parasec
Iron Mountain
Litigation Services
Fronteo
The Morton Group
Integrated Medical Evaluations Inc
Elite Medical Experts
Lynn Tofaute Yanbal Jewelry
Griffin amp Associates
Discovia
Woolston amp Tarter PC
Ottmar amp Associates
Ballard Spahr LLP
DTI Global
Thank you to these Northern Arizona sponsors who have generously donated
prizes for the Arizona Paralegal Association drawing
Murphyrsquos Restaurant Prescott Arizona
Susanne Chacon Scentsy 9287108777
Yavapai Title 9284452528
Mangum Pearce Court Reporting 9284451909
Prescott Law group PLC 9284451909
Emmanuel Lutheran Quilters Prescott Valley
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 37
Congratulations to the Arizona Paralegal Association on 40 years
1 East Washington St Suite 2300
Phoenix AZ 85004
602798-5400
wwwballardspahrcom
6024851488
wwwOtmarAssoccom
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 38
APA MEMBER JOB BANK
DONrsquoT FORGET TO CHECK OUR ONLINE
JOB BANK FOR UP-TO-DATE JOB LISTINGS
at httpwwwazparalegalorgjobbank
[In order to view the online Job Bank you must login
to our new website (using your email and password)
If you experience any difficulty logging in please
contact membershipazparalegalorg for assistance]
PARALEGAL - BANKRUPTCY LITIGATION
Position Overview
Under the supervision of one or more lawyer(s) the
Paralegal assists in the delivery of quality efficient
and accessible legal services in the bankruptcy real
estate corporate andor commercial litigation practice
groups
Responsibilities
Draft routine pleadings statements affidavits
andor other legal documentation as appropriate at
the specific direction of attorneys
Prepare initial drafts of legal documents for
bankruptcy proceedings including case captions
and simple pleadings such as claim forms requests
for notice or judicial notice etc
Arrange Court Call appearances communicates
and cooperates with Court clerks on filings and
appearance requirements and interacts with Court
personnel as necessary to serve client needs
Prepare initial drafts of fee applications when
representing estate professionals and oversecured
creditors in bankruptcy cases and in connection
with fee awards in other litigation contexts
including exhibits and declarations in support
Compile documents in connection with appeals
including designations and indexes of the record
district court elections and requests for transcripts
Draft notices of appearance substitutions of
counsel documents pro hac vice applications and
corporate ownership statements
Assist with discovery-related filings including
Bankruptcy Rule 2004 examination applications
notices and orders subpoenas and notice of
servicecompliance
Manage non-judicial trustees sale process
including security instrument review public
record filing review notice drafting service
completion bid compilation sale procedures
communications with interested parties deed upon
sale drafting and all necessary public recording
and filing
Perform ECF filings and review local rules for
pleading forms notice and service requirements
Fulfill duties to deliver court copies courtesy
copies lodged order uploads in pdf or Word and
complies with all local rule requirements
Organize index and track large numbers of
documents including development of information
(Continued on page 39)
DO YOU KNOW OF A PARALEGAL POSITION AT YOUR PLACE OF EMPLOYMENT
If so advise your employer that the APA offers ad space for paralegal jobs to employers free of charge To place a job bank ad or for information on a job send an e-mail to Betsy Wolf at jobbankazparalegalorg
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 39
APA MEMBER JOB BANK
retrieval systems performs all case management
functions
Perform calendaring or docketing of information
as needed
Research and obtain information from various
courts administrative bodies public information
sources etc
Performs electronic research using PACER court
websites Westlaw and Lexis in addition to
Shepardizing and Bluebooking citations
Coordinate efforts with trials and hearings such as
taking notes handling exhibits organizing and
gathering factual information etc
Attend trials or client meetings as needed inside
and outside the office that require face-to-face
contact
Coordinate vendors in conjunction with a project
such as court reporters process servers copy
vendors etc
Track time in DTE and assures that services
provided are properly charged to the client
Track expenses for travel client meetings and
court appearances
Essential Job SpecificationsQualifications
Familiarity with pleading notice and service rules
triggered in Chapter 7 and 11 Bankruptcy Courts
Familiarity with Uniform Commercial Code
enforcement process and procedures
Familiarity with basic corporate formation
practices and procedures
Ability to perform ECF filings
Excellent computer skills including Word Excel
PowerPoint and database applications
Ability to deal professionally with all levels of
clients both internally and externally
Proven ability to solve problems work
independently and tackle projects with minimal
supervision
Ability to be flexible meet deadlines handle
pressure and adapt to changing work priorities
work flow and work assignments
Ability to effectively and respectfully
communicate verbally and in writing with other
staff lawyers management and clients
Ability to organize a large amount of data and files
into an efficient system (both electronic and
hardcopy) for easy filing and retrieval
Ability to maintain confidences as well as build
confidences and trust
Ability to pay close attention to detail
Ability to work overtime up to 10 or more hours
per week
Ability to work off-site at client location(s) for
extended periods of time
Requires the ability to regularly report to work on
the days and times scheduled or alternatively to
work flex hours depending on lawyer and client
needs
Physical Demands
Ability to work in a typical office environment and
lift up to 25 lbs NOTE Reasonable
accommodations may be made to enable
individuals with disabilities to perform the
essential functions
Travel
Ability to travel locally
EducationExperienceCertifications
Bachelors Degree andor Paralegal Certificate
Minimum of two years experience with
bankruptcy and litigation practice(s) at a law firm
Disclaimer
The above statements are intended to describe the
general nature and level of work being performed by
the incumbent in the position They are not intended
to be an exhaustive list of all responsibilities duties
and skills of the employee Duties and responsibilities
may change at any time with or without notice
(Job Bank hellip Continued from page 38)
(Continued on page 40)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 40
How to Apply Please send resume to
lisaspannbryancavecom
Equal Opportunity Employer
LITIGATION PARALEGAL - INSURANCE
DEFENSE
Jones Skelton amp Hochuli is seeking an ambitious
paralegal with 5+ years of experience in general civil
litigation and experience in State and Federal courts
The ideal candidate will have a stable work history
and exceptional communication and organizational
skills We offer a competitive salary and benefits
package and a team-oriented working environment
Please email your resume to Recruitingjshfirmcom
AAEOE
EXPERIENCED LITIGATION PARALEGAL
Dickinson Wright PLLC (Phoenix office) is in need of
a litigation paralegal
Requires a minimum of three yearsrsquo recent experience
in Arizona law
Job Description
Organize and synthesize information through the
preparation of summaries chronologies reports
spreadsheets
Draft and review routine legal documents (eg
privilege logs exhibit lists discovery disclosures
etc)
Assist attorneys on cases by providing
computerized support to help them plan organize
research analyze argue and present their cases in
a more cost and time efficient manner
Provide the day-to-day support of data
management
Assist attorney in trial preparation and set-up of
electronic equipment in the courtroom provides
court assistance as required
Assist with managing cases projects on various
levels and at various stages of the litigation
process
Candidates must have excellent communication skills
for contacting clients experts and other outside
parties have knowledge of state and federal court
rules procedures and e-filing requirements drafting
be self-motivated a team player proficient in MW
Word Outlook 2010 and a working knowledge of
document management systems Relativity and Trial
Director experience is a must
EducationalExperience requirements
Paralegal certificate from ABA school or
certification
We offer a competitive salary and benefits package
and an outstanding work environment All candidates
must submit a cover letter resume and salary history
Please email resumes to
LMandellDickinsonwrightcom
EXPERIENCED FAMILY LAW PARALEGAL
Cantor Law Group an AV-rated six-attorney family
law firm located in downtown Phoenix seeks a sharp
paralegal with at least two years of recent Arizona
family law experience In this position you will work
closely with an associate attorney to manage a case
load of 40+ cases covering a wide range of domestic
relations issues Experience with high-asset andor
DCS cases is a plus Must be a strong writer able to
draft pleadings and correspondence Exceptional
people skills are needed as there is a great deal of
client contact
An attractive compensation and benefits package is
available for the right candidate In addition to a
competitive salary and bonus opportunities we offer
an outstanding benefits package including ten paid
(Job Bank hellip Continued from page 39)
(Continued on page 41)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 41
holidays per year ten days paid vacation days yearly
five days personal paid time off yearly as well as the
availability of medical dental vision and life
insurance A 401K with a very generous employer
match is offered after one year
Requirements
2 years recent Arizona family law experience
Proactive able to handle and direct caseload with
minimal supervision
Attention to detail and excellent follow-up
Excellent analytical capabilities amp writing skills
able to draft substantive motions for attorney
review
Work well as a member of a fast-paced team
Professional appearance demeanor and attitude
Great client relations skills
Excellent computer skills including proficiency in
MS Word and other MS Office applications
Paralegal certification preferred (not required)
Knowledge of Time Matters or other case
management software a plus
Please send resumes to hrdmcantorcom
EXPERIENCED CRIMINAL DEFENSE
PARALEGAL
The Law Offices of David Michael Cantor an AV
rated criminal defense firm in Downtown Phoenix is
seeking an experienced paralegal with felony amp
misdemeanor experience to work closely with our
attorneys Our practice includes the full spectrum of
criminal charges and you will have the opportunity to
work on cases involving drug charges violent crime
sex offenses white collar crime property crime and
DUIs
The job
Proactively manage a substantial caseload without
direct supervision
Prepare and file pleadings according to attorney
instructions
Prepare trial notebooks and handle all trial prep
work
Create high quality correspondence and other
documents with little to no supervision
Maintain professional relationships with law
enforcement and prosecutors
Provide excellent customer service for our clients
Support 1-2 attorneys
We offer
Competitive compensation
Outstanding benefits including medical dental
vision lifeADampD coverage
401K with generous employer match
Paid vacation and sick time
Ten paid holidays per year
You
2+ years of private Arizona defense experience
handling both misdemeanor and felony charges
Familiar with Arizona courts and MVD
Proactive ndash needs little supervision
Great follow-up skills and attention to detail
Excellent writing skills
Professional appearance and behavior
MS Word and other MS Office applications
Keyboard speed 50+ wpm
Reliable
Enjoy being a member of a friendly team of
professionals
Experience with Abacus or other case
management software desirable
Please send resumes to hrdmcantorcom
PARALEGAL
Sentry Insurance is looking for a Paralegal to provide
litigation and administrative support to our Staff
(Job Bank hellip Continued from page 40)
(Continued on page 42)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 42
Counsel operation If you are looking for a career
with great potential choose the company with the
strength and stability to offer it all
What Yoursquoll Do
As the Paralegal yoursquoll assist the attorney staff by
performing legal activities which do not require
attorney signature client advise or appearances in
court In addition yoursquoll
Assist in the preparation of responses to discovery
under direct supervision of an attorney
Perform factual investigations and document
searches
Obtain investigative materials and policy
information
Contact insureds and other witnesses to obtain
factual statements
Coordinate scheduling of litigation activities and
witness appearances
What it Takes
Associate Degree or equivalent work experience
2-5 years of related work experience at least one
year in litigation practice
American Bar Association-Certified Paralegal
Training
Advanced knowledge of case management and
knowledge of and ability to perform legal
research
Experience with resources such as Westlaw and
Lexis
Strong analytical ability and knowledge of
litigation processes
Strong organizational and communication skills
Ability to maintain confidentiality
Strong working knowledge of the Internet
PowerPoint Excel and Word and familiarity with
legal case management software (ProLaw Clio
etc)
Ability to work independently and in multi-
jurisdictional venues
Must be able to meet travel requirements of the
job
What Yoursquoll Receive
We offer an outstanding array of benefits for our
associates including
Competitive Compensation
Group Medical Dental Vision and Life benefits
Generous Paid-Time Off - including Company
Holidays
401k plan with a dollar-for-dollar match on your
first six percent ndash immediate vesting
Access to more than 100 certification designation
and licensing courses
Career advancement opportunities
Why Sentry Insurance
Sentry employees have been helping individuals and
businesses build and protect their futures since 1904
Because of the trust placed in us Sentry is one of the
largest and strongest mutual insurance companies in
the United States and is rated A+ by AM Best the
industrys leading rating authority Sentry offers a full
line of property casualty and life insurance products
to protect businesses cars homes lives and retirement
incomes
So make the right choice - with great potential for
growth an outstanding 401(k) program and a schedule
that offers you a balance between your work and life
choose the company with the strength and stability to
offer it all Choose Sentry Insurance Sentry
Insurance is an Equal Opportunity Employer Apply
online at httpsjobssentrycomsearch119871
FULL-TIME LEGAL SECRETARY ASSISTANT
Mid-sized law office is seeking a self-motivated and
highly organized legal secretary with a minimum of 5
years of experience supporting 2 or more attorneys
Position will support multiple attorneys with case
management assistance calendaring state and federal
court filings formatting correspondence and
(Job Bank hellip Continued from page 41)
(Continued on page 43)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 43
pleadings copying mailing and other clerical duties
Optimal candidate will be able to accept and
implement directives maintain focus in hectic
environment keep attorneys informed of progress at
regular intervals and prioritize multiple projects
Working knowledge of MS Word amp Excel required
Associatersquos degree and background in litigation andor
insurance preferred EEOC Please email reacutesumeacute and
cover letter with salary requirements to
admincdslawfirmcom
EXPERIENCED PLAINTIFFS PERSONAL
INJURY LEGAL ASSISTANT
Small growing fast-paced Central Phoenix Personal
Injury Law Firm seeking full-time Legal Assistant to
join our team
Candidate must have excellent skills and 5 years
experience in a Plaintiffs Personal Injury Law Firm
with an ability to perform in a fast paced environment
Bi-lingual (SpanishEnglish) preferred but not
required Position involves significant interaction with
clients and requires attention to detail Good
organizational skills with a strong work ethic are
essential as is the ability to multi-task
Responsibilities include handling a large pre-litigation
caseload interfacing with attorneys and legal
assistants Must be proficient with MS Word Outlook
and Needles Case Management (preferred but not
necessary) Salary is competitive and DOE
Qualified candidates should e-mail resume with a
cover letter detailing their skills employment history
and salary requirements to
acoronadoblakefirmcom
(Job Bank hellip Continued from page 42)
Attention APA Members It is the policy of the Arizona Paralegal Association that Job Bank information only be provided to members of the APA
Please honor this policy by not giving this information to others but instead let them know how they can join
APA MEMBER JOB BANK
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 44
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
NALA Campus LIVE - Live web seminars are offered in two sessions each year FebruarymdashMay and AugustmdashNovember Each ses-sion features about 30 on-line seminars The audio files and handout material are copyrighted by NALA and the authors They are for personal use only Duplication of any of the material or any commercial use is strictly prohibited
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics httpswwwnalaorgcontinuing-educationwebinars NALA Campus LIVE - Live web semi-nars are offered in two sessions each year FebruarymdashMay and AugustmdashNovember Each session features about 30 on-line seminars The audio files and handout material are copy-righted by NALA and the authors They are for personal use only Dupli-cation of any of the material or any commercial use is strictly prohibited
82217 Music Law and Intellectual Property Rights
82417 So the Plaintiffrsquos on Medicare
82017 The ABCrsquos of Special Education
In addition to the Live Webinars NALA has On-Demand Webinar Courses available httpswwwnalaorgcontinuing-educationon-demand-webinar NALA also has a wide variety of available Self-Study courses as well as the Live Webinars You can access the Self-Study courses here httpswwwnalaorgcontinuing-educationself-study Many of these courses are recommended for preparing for the CP exam
NATIONAL BUSINESS INSTITUTE
wwwnbi-semscom
Live Video Webcasts
httpwwwnbi-semscomDefaultaspxVideo-WebcastsNavigationDataSource1=N63782
OnDemand amp Downloads
httpwwwnbi-semscomContentaspxst=ArizonaampNavigationDataSource1=N63932-63947
8817 Probate Boot Camp
8917 Real Estate Title and Conveyance Handling the Top
Issues
8917 Marijuana Business Legal Considerations
81417 Legal Descriptions Title Insurance and Surveys in Real
Estate Transactions
81517 Advanced Custody and Support Issues
81617 Personal Injury Trials 101
82117 Trusts from Start to Finish
82217 How to Get Your Clients Paid Debt Collection 101
82317 Bankruptcy The Ultimate Guide to Chapter 7 and 13
82817 Conflicts of Interest A Practical Legal Ethics Guide
82917 Using LLCs to Protect Assets
83017 Complex Social Security Law Issues
83017 Dealing With Problem Employees A Legal Response
Guide
And many morehellip
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 45
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
Lorman Live Webinars wwwlormancom You can find many more seminars listed at httpwwwlormancomlive-webinar
ON DEMAND WEBINARS
There are many OnDemand Webinars to choose from also
httpwwwlormancomondemand
8317 Electronic Record Retention Mistakes HR
Professionals Can Avoid
8317 HUD Section 3 Compliance Tips for Governments
8417 Paralegals Guide to Unauthorized Practice of Law
8817 Protecting High-Risk Clientsrsquo Assets Against lawsuits
8817 Tips and Tricks to Improve Your Telephone Attitude
8917 Rules and Guidelines When Dealing With Statute of
Limitations
8917 Utilizing Formulas in Microsoft Excel
81017 Early Retirement Incentives Navigating the Legal
Issues
And many more
Maricopa County Bar Association CLE CALENDAR
httpmcbasite-ymcomeventsevent_listasp
LEXIS NEXIS Paralegal Community
has some good information as well
Check it out at httplawlexisnexiscomcommunityportalarticlesdefaultaspxg=QfsTyLJ1USs=ampc=EZggD7hDKLw=
Arizona Bar Association wwwazbarorgCLE
OnDemand CLE
httpsazbarinreachcecomSearchmediaType=494a95bb-1e05-4c5b-a25f-36ad84bd4c39
82217 State Bar of Arizona Course on Professionalism
82317 Steering Clear of Malpractice Road Bumps
82417 Traffic Offenses
82517 Probate Rule 10(E)(2) Subsequent Training for Court-
Appointed Counsel
83017 A Survey of Family Law
And many more
ALA-ABI wwwali-abaorg
The ALI-ABA site has excellent online CLE courses forms printed books MP3 CDROMs CLE DVDs CLE MP3 Downloads CLE Court Materials and Course Papers
81017 Powers of Attorney Latest Legal Developments
81717 Creating and Maintaining a Paperless Practice
Improve Workflow Increase Efficiency
82317 Hot Topics in Legal Ethics
And many more
The eDigest bull A Publication of the Arizona Paralegal Association bull August 2017 46
GOT CLE
NALA Webinars These are LIVE coursesmdash Search this site for additional available topics
httpswwwnalaorgcontinuing-educationwebinars
Organization for Legal Professionals wwwtheolporgeducation
Online Courses
Litigation Support Project Management
Paralegal Management Certificate Program
Project Management in Electronic Discovery
Computer Technology Skills for Paralegals
Legal amp EDiscovery Project Management Course
Institute of Paralegal Education httpipenbi-semscomContentaspxNavigationDataSource1=N63943 Webcasts amp Webinars httpipenbi-semscomContentaspxNavigationDataSource1=Rpp20NspEventDateSort7c1017c17cN63944-4294952056
Webcasts amp Webinars
8217 Medical records Made Easy for Paralegals
8817 Case Management for Paralegals Managing
Documents Files Calendars and Tasks
81717 A Paralegalrsquos Guide to Divorce Cases
82217 The Paralegalrsquos Guide to Probate
82317 Construction Law 101 for Paralegals
82417 Corporate Minute Books A How-To Guide for
Paralegals
82917 Smartphone Apps and Tricks for Paralegals
83017 Managing the Discovery Process A Paralegalrsquos Guide
91217 Paralegalrsquos Guide to Legal Research and Citation
Management
National Constitution Center wwwconstitutionconferencescom
8817 Legal and binding E-Contracts What Works in a Digital World
82117 Retaliation Claims Protect Clients from EEOC Charges amp Private Suits
West Legal Education wwwwestlegaledcentercom
If you know of any other sources for CLE and would like listings to be placed in this
publication please email Newsletterazparalegalorg
- Front Cover
- Table of Contents
- Board of Directors
- APA Announcements
- APA Member News
- 10 Employer Considerations in Light of Arizonas New Paid Sick Time
- Paralegals strike out on firing claims
- Wearable technology Counting the steps to a defense verdict
- August Webinar
- To Lay or Lie
- Sticky Business Etiquette Questions amp Answers
- September Webinar
- Tucson Paralegal Associations 38th Annual Seminar
- The Verdict
- The Brief
- NewBytes
- APA Job Bank
- Got CLE
-