the edigest

46
The eDigest • A Publication of the Arizona Paralegal Association • 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 Arizona's New Paid Sick Time p. 6

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Page 1: THE EDIGEST

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
Page 2: THE EDIGEST

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
Page 3: THE EDIGEST

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
Page 4: THE EDIGEST

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
Page 5: THE EDIGEST

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

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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
Page 6: THE EDIGEST

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
Page 7: THE EDIGEST

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
Page 8: THE EDIGEST

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
Page 9: THE EDIGEST

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
Page 10: THE EDIGEST

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
Page 11: THE EDIGEST

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
Page 12: THE EDIGEST

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
Page 13: THE EDIGEST

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
Page 14: THE EDIGEST

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
Page 15: THE EDIGEST

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
Page 16: THE EDIGEST

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
Page 17: THE EDIGEST

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
Page 18: THE EDIGEST

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
Page 19: THE EDIGEST

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
Page 20: THE EDIGEST

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
Page 21: THE EDIGEST

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
Page 22: THE EDIGEST

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
Page 23: THE EDIGEST

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
Page 24: THE EDIGEST

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
Page 25: THE EDIGEST

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
Page 26: THE EDIGEST

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
Page 27: THE EDIGEST

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
Page 28: THE EDIGEST

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
Page 29: THE EDIGEST

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
Page 30: THE EDIGEST

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
Page 31: THE EDIGEST

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
Page 32: THE EDIGEST

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
Page 33: THE EDIGEST

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
Page 34: THE EDIGEST

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
Page 35: THE EDIGEST

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
Page 36: THE EDIGEST
Page 37: THE EDIGEST
Page 38: THE EDIGEST
Page 39: THE EDIGEST
Page 40: THE EDIGEST
Page 41: THE EDIGEST
Page 42: THE EDIGEST
Page 43: THE EDIGEST
Page 44: THE EDIGEST
Page 45: THE EDIGEST
Page 46: THE EDIGEST