Great Lakes Paralegal Association An Affiliate of the National Association of Legal Assistants, Inc.

Transcription

1 Great Lakes Paralegal Association An Affiliate of the National Association of Legal Assistants, Inc. Website: MONTHLY NEWSLETTER MARCH 2016 A Message from the Editor As spring approaches we at GLPA have many exciting events in store for you. We hope that you will find the time to participate in one, or better yet, all of them! Amy Cumbow, CP Also, we ask that if you have input and/or feedback regarding our monthly newsletter, please Amy at acumbow@fraserlawfirm.com. Thank you! LIKE us on Facebook! IN THIS ISSUE: Amendments to the Federal Rules of Civil Procedure: Transforming Federal Litigation By Paralegal Meredith Erickson NALA News and Continuing Legal Education Opportunities GLPA Membership and Committee Member Information Featured GLPA Board Member: David Bowker, ACP My work as a paralegal is my second career, following more than thirty years in the construction industry. At one point about ten years ago, I was talking to a lawyer friend about changes and trends in the construction industry and he suggested that I look into work as a paralegal. After some investigation and a great deal of trepidation over launching out into a new career after so many years in another, I enrolled at Lansing Community College in Paralegal Studies. I found that while I occasionally felt awkward being the oldest student in my classes, I also found it exciting to be learning so many new things and enjoyed the classes a great deal. After receiving my degree, I went to work at Willingham & Cote, PC in East Lansing doing work in medical malpractice cases on the defense side work I found challenging and rewarding. While working at Willingham & Cote, I studied for and passed the CP exam. After three years at the firm, I took a position at ProAssurance, an insurance carrier that writes professional liability insurance, who was one of the firm s prime clients. Now I work with professional liability claims made against the company s insured lawyers. I received my ACP certification in 2014, while working at ProAssurance. I became involved with the Great Lakes Paralegal Association from its inception, and am a charter member of the association and have been a member of the Board since I strongly feel that supporting the industry and fellow paralegals is time and effort well spent. I have been married for thirty-six years and have three adult daughters and five grandchildren. In my spare time I enjoy camping, hiking, golf, and painting.

2 Hosted by Willingham & Coté, P.C., in their beautiful East Lansing offices, Great Lakes Paralegal Association met on February 22 for an estate planning presentation. Incorporating humor and personal experiences, W&C Attorney Reimann discussed each facet of the meeting that should take place: Medical Financial Family Structures Legal Advertise Your Legal Business or Service in Our Monthly Newsletter! ADVERTISING RATES: Full Page - $100/issue ½ Page - $65/issue ¼ Page - $35/issue Business Card - $20/issue Contact Cheryl Nodarse at cnodarse@woodworthlawpc.com

3 Amendments to the Federal Rules of Civil Procedure: Transforming Federal Litigation by Meredith Erickson, Paralegal On April 29, 2015, the United States Supreme Court received Chief Justice John Roberts's amendments to the "Federal Rules of Civil Procedure." Changes were made accordingly to Rules 1, 4, 16, 26, 30, 31, 33, 34, 37, 55 and 84. Without Congress interceding, these amendments - which were originally approved by the Judicial Conference back in September officially became effective on December 1, After a lengthy rule changing process, the amendments have been adopted by the U.S. Supreme Court pursuant to Section 2072 of Title 28, United States Code "Rules of Procedure and Evidence; Power to Prescribe." Under this section, the Supreme Court will now have the power to prescribe general rules of practice, procedure, and rules of evidence for cases within the United States District Courts. This includes proceedings before Magistrate Judges and Courts of Appeals. It has been noted that the rules will not modify, enlarge, or abridge any substantive right. And, that these rules may define when a ruling of a District Court is made final. These amendments impact a number of aspects of civil litigation, including discovery [electronically stored information ("ESI")], default judgments, pleading requirements in patent cases, and service of process. This new set of "Amended Federal Rules of Civil Procedure" include having a changed group of case management and discovery rules to better streamline the process and focus on proportionality. The following rules were amended accordingly: Rule 1- Amended to emphasize effective advocacy with cooperative and proportional use of procedure. This rule requires parties, as well as courts, to construe, administer, and employ the rules in a manner "to secure the just, speedy, and inexpensive determination of every action and proceeding." Rule 4- Allows 90 days instead of the previous 120 day limit to serve the summons and complaint to the defendant. This change, together with the shortened times for issuing a scheduling order set by Amended Rule 16(b)(2), will reduce delay at the beginning of litigation.

4 Rule 16- Reduces the time to enter scheduling orders to the earlier of 90 days (previously 120 days) after a defendant has been served or 60 days (previously 90 days) after a defendant has made an appearance. In addition, the provision for consulting at a scheduling conference by telephone, mail, or other means has been removed, as a scheduling conference is more effective if the court and parties engage in direct simultaneous communication. Therefore, the conference may be held in person, by telephone, or by more sophisticated electronic means. Rule 26- Defines the scope of discovery and reinforces the Rule 2(g) obligation of the parties to consider the proportionality factors in making discovery requests, responses, or objections. Rule 30- This rule is amended in parallel with Rules 31 and 33 to reflect the recognition of proportionality in Rule 26(b)(1). Rule 31- Rule 31 is amended in parallel with Rules 30 and 33 to reflect the recognition of proportionality in Rule 26(b)(1). Rule 33- Rule 33 is amended in parallel with Rules 30 and 31 to reflect the recognition of proportionality in Rule 26(b)(1). Rule 34- Amendments are made to reduce unreasonable burdens by objections to requests to produce. Objections must state with specificity the grounds for objecting, and whether any responsive materials are being withheld. Rule 37- Rule 37(a)(3)(B)(iv) is amended to reflect the common practice of producing copies of documents or electronically stored information, rather than permitting inspection. New Rule 37(e) replaces the 2006 rule. It authorizes and specifies measures a court may employ, if information that should have been preserved is lost, and specifies the findings necessary to justify these measures. Rule 55- Clarifies that a court may set aside a final default judgment under Rule 60(b). A default judgment that does not dispose of all of the claims among all parties is not a final judgment-unless the court directs entry of final judgment under Rule 54(b). Until final judgment is entered, Rule 54(b) allows revision of the default judgment at any time. The standards set by Rule 60 (b) apply in seeking relief from a final judgment. Rule 84- Recognizing that there are many alternative sources for forms, Rule 84 and the "Appendix of Forms" are no longer necessary and have been abrogated. These 2015 amendments have affected federal litigation on a grand scale.

5 Great News from NALA! New and improved webinar platform and new lower pricing! Webinars are a fast, convenient, and now even more affordable way to get the education you need. 1.5 hour webinars: $39 for Members and $59 for Nonmembers 2.0 hour webinars: $49 for Members and $69 for Nonmembers & Casino Book your hotel room now! Registration Coming Soon! Paris Las Vegas & Upcoming Webinars New and improved webinar platform and new lower pricing! Webinars are a fast, convenient, and now even more affordable way to get the education you need. 1.5 hour webinars: $39 for Members and $59 for Nonmembers 2.0 hour webinars: $49 for Members and $69 for Nonmembers February 26 Basic Torts - This presentation will cover the basics of tort law, including negligence, intentional torts, and strict liability. It covers the elements of several torts and what must be proven to determine whether or not a tort has been committed. The course also addresses defenses to tort accusations. It will prepare the legal professional with the necessary terminology and knowledge of tort law to understand cases worked on in this area. March 2 Legal Writing - This intermediate course presents the building blocks for effective legal writing. Students will learn how to organize legal documents, write clearly and concisely, revise and proofread, and prepare documents for final submission. It will also provide a general overview of legal citations with reference to key rules from The Bluebook. In addition, this course will discuss the various types of documents that paralegals may be required to prepare. March 7 Medicare Liens and Set Asides - This course is beneficial to personal injury paralegals who are responsible for assisting with damage calculations and lien resolution. It offers a tutorial on how to determine if Medicare is involved, notify Medicare, keep track of the lien amount using medical bills and well-timed correspondence with MSPRC, determine related charges on the Explanations of Benefits. This course also offers suggestions for negotiating the lien, appealing the lien, and determining potential setasides. It also introduces utilization of the Medicare s Recovery Portal as one option to track Medicare s interest. Handouts include sample letters for every Medicare correspondence to guide you through the process from start to finish, as well as a suggested timeline for when to send/receive each correspondence. If you want to develop an efficient strategy for dealing with Medicare liens, you need to take this course. March 9 An Analysis of Construction Defect Claims - The primary objective in this presentation is to provide an overview of the process of determining liability and the financial responsibility by the courts for the construction defects and resulting damages to building projects - primarily residential buildings. Our secondary objective is to demonstrate how and by whom this responsibility is funded and further how the building warranty and the typical business insurance policy factors into this process. These times or dates don't work for your schedule? How about taking a Self-Study Course or an On-Demand Webinar? Learn whenever it is convenient for you.

6 Great Lakes Paralegal Association An Affiliate of the National Association of Legal Assistants, Inc. Website: GLPA s UPCOMING EVENTS March 16 What Happens if You Don t File Taxes? Presented by Attorney James Mauro, Lansing, MI FREE lunch hour continuing legal education opportunity for members! See flyer. May 6 Annual Day of Education Full Day of Continuing Legal Education in partnership with SBM Paralegal/Legal Assistant Section, Lansing, MI Seminar information and registration details coming soon. May CP Crash Course, Eastwood Hyatt, Lansing, MI Two-day study course for NALA s Certified Paralegal exam. See flyer for course and registration details. And stay tuned for even more GLPA events to be scheduled for 2016! In addition, NALA has a full schedule of continuing education offerings. Go to for more details.

7 Great Lakes Paralegal Association An Affiliate of the National Association of Legal Assistants, Inc. Website: with James F. Mauro of Dickinson Wright PLLC As a highly skilled tax controversy attorney, James Mauro served for almost a decade as counsel for the U.S. Department of Treasury representing the IRS in audit, appeal, collection, and criminal cases. In 1996 Mr. Mauro left the government for private practice and represents individuals, small businesses, and major corporations in tax and general business matters including tax audits, appeals, litigation, and the resolution of tax liabilities. Please join us for what is sure to be a very informative and important hour of legal education! DATE: Wednesday, March 16, 2016 TIME: 12:00-1:00 PM PLACE: Dickinson Wright 215 S Washington Sq Ste 200 Lansing, MI COST: FREE for Members; $10 for Non-Members ONE HOUR OF CONTINUING LEGAL EDUCATION RSVP required by Monday, March 14, 2016 at 12:00 p.m. RSVP TO: Terri Bolyard, Treasurer (tbolyard@fosterswift.com)

8 Great Lakes Paralegal Association An Affiliate of the National Association of Legal Assistants, Inc. CP Crash Course Website: An Intensive Study Course for the Certified Paralegal Exam and for Continuing Legal Education Please join us for a 2 day intensive study course for the NALA Certified Paralegal exam. We are extremely excited to be able to offer to you this "not-to-be missed" opportunity to study for the CP Exam or, if you are already certified, to brush up on your essential skills! The 2 day event will include information about the CP exam, along with detailed information on the following topics, which will be taught by attorneys and certified paralegals: * Ethics * Judgment and Analytical Ability * Communications * Legal Research * The American Legal System * Civil Litigation * Business Organizations * Contracts The event includes 8 hours of continuing legal education. Seating is limited so RSVP early!! Dates: Location: Friday May 20, 2016 from 8:00 am to 5:00 pm, and Saturday, May 21, 2016 from 8:00 am to 12:00 pm Hyatt Place Lansing Eastwood Towne Center 2401 Showtime Drive Lansing, MI Registration: Deadline for registration is April 18, Late registration accepted until May 11, 2016 if space is available. Cost: $125 for GLPA Members $165 for Non-Members $50 additional late fee if registered after April 18, 2016 if space is available Cost includes seminar materials, full breakfast both days, lunch on Friday, snacks and beverages. Additional discounts available for dinner at select restaurants in the Eastwood Towne Center. Once registered, you will receive additional information on recommended reference materials.

9 Review Course Schedule Friday, May 20, 2016 Time Topic Speaker 8:00 am 9:00 am Breakfast and Registration (Breakfast Provided) 9:00 am - 9:45 am Exam information Kelly A. LaGrave, ACP 10:00 am 11:00 am Civil Litigation Patricia J. Scott, J.D. 11:15 am 12:15 pm Legal Research Allison L. Eicher, J.D. 12:15 pm 1:15 pm Lunch (Lunch Provided) 1:15 pm 2:15 pm Ethics Sharon A. Werner, ACP 2:30 pm 3:30 pm Contracts Sharon A. Werner, ACP 3:45 pm 4:45 pm American Legal System Brent L. Domann, J.D. Saturday, May 21, 2016: Time Topic Speaker 8:00 am 8:30 am Breakfast (Breakfast Provided) 8:30 am - 9:30 am Business Organizations Kelly A. LaGrave, ACP 9:45 am 10:45 am Communications Cheryl Nodarse, ACP 11:00 am 12:00 pm Judgment & Analytical Ability Kelly A. LaGrave, ACP Civil Litigation: Patricia J. Scott, J.D., Foster, Swift, Collins & Smith, P.C., Lansing, M Patricia J. Scott is an attorney with Foster, Swift, Collins & Smith, PC. She is a graduate of Saginaw Valley State University, and earned her Juris Doctorate from Thomas M. Cooley Law School. Patricia concentrates her practice in the areas of bankruptcy, finance, collections, real estate, and commercial litigation. Her work with financial institutions includes collections, loan workouts, foreclosures, receiverships and various complex banking and finance issues. Patricia also represents various sized companies in multi-faceted litigation matters in state and federal court. Patricia is the Co-Chair of the Ingham County Bar Association s Bankruptcy Section, a member of the American Bankruptcy Institute, and on the Board of the Junior League of Lansing. Legal Research: Allison L. Eicher, J.D., MSU College of Law, East Lansing, MI Allison Eicher earned her B.A. in Supply Chain Management from Michigan State University in 2002 and her Juris Doctor from Michigan State University College of Law in She is a Spring 2016 candidate for a Masters degree in Library and Information Science from Wayne State University. Allison is licensed to practice law in the state of Michigan and has handled transactional work for agricultural enterprises. She continues to be active in the State Bar and is a council member of the Agricultural Law Section of the State Bar of Michigan. In 2013, Allison joined the MSU College of Law John F. Schaefer Law Library and recently accepted an academic appointment to become the library s Acquisitions Librarian. In addition, Allison is an Adjunct Professor at the MSU Law College and teaches the research component of the first year Research, Writing, and Advocacy course. She has also taught Advanced Legal Research for LL.M. students, works daily with patrons at the reference desk, and manages and completes research projects for Law College faculty.

10 Contracts & Ethics: Sharon A. Werner, ACP, Masco Corporation, Troy, MI Sharon A. Werner, ACP is a Corporate Legal Assistant with Masco Corporation where she has been employed for the last 13 years. Sharon s responsibilities include reviewing contracts with various big box retailers, providing support for all of Masco s M&A activity, as well as maintaining corporate minute books. Sharon received a B.S. Degree in Legal Administration from Grand Valley State University. She earned her CLA designation in 2000 and her ACP in Sharon is a charter member of the Great Lakes Paralegal Association, an active member of the Paralegal/Legal Assistant Section of the State Bar of Michigan and the National Association of Legal Assistants and has held various positions on the NALA board from 2001 to American Legal Ssytem: Brent L. Domann, J.D., MSU College of Law, East Lansing, MI Brent Domann earned his B.A. in Philosophy, magna cum laude, from Bowling Green State University in 2006 and his J.D., magna cum laude, from Michigan State University College of Law in He practiced law in Philadelphia, Pennsylvania and in 2010 joined MSU College of Law as a reference librarian. He manages the Law College s digital repository and has helped to transition the Law College s journals to a digital publishing format. He received his M.L.I.S. from Wayne State University in At MSU Law he teaches courses on legal research and foundations of law. Business Organizations & Judgment & Analytical Ability: Kelly A. LaGrave, ACP, Foster, Swift, Collins & Smith, P.C., Lansing, MI Kelly LaGrave is a paralegal with Foster, Swift, Collins & Smith, PC in the Business and Corporate practice group area specializing in mergers and acquisitions, entity formation and dissolution, and financing. She received her BA from Michigan State University, James Madison College. Receiving her Certified Paralegal credential in 1994, she subsequently received advanced paralegal certifications in Intellectual Property, Real Estate, and Contract Management/Contract Administration. Kelly is a founding member and President of the Great Lakes Paralegal Association. In addition, she has served in many capacities on the State Bar of Michigan Legal Assistant/Paralegal Section, and currently serves on the Lansing Community College Paralegal Advisory Board. Having served NALA in many capacities, including Certifying Board chair, she is currently serving her second term as NALA President.

11 Communications: Cheryl J. Nodarse, ACP, Woodworth & Associates, PC, East Lansing, MI Cheryl J. Nodarse, ACP, is a paralegal with over 28 years of legal experience, employed by Woodworth & Associates, PC specializing in litigation, environmental, municipal and drain law. She earned her BS from Central Michigan University and her Associates, Legal Assistant from Lansing Community College. Receiving her Certified Paralegal credential in 1990, she subsequently received her advanced paralegal certification in Land Use. Cheryl is currently the Region V Director of the National Association of Legal Assistants and President of the Great Lakes Paralegal Association, in which she is a founding member. She has been appointed to serve on the Access and Affordability Subcommittee of the State Bar of Michigan s 21 st Century Law Task Force. The NALA Certified paralegal program is the only national paralegal certification program that is Accredited. Additional information on the certification program can be found at The event includes 8 hours of continuing legal education (1 hour of which is ethics). Seating is limited so RSVP early!!

12 HOTEL We have secured a discounted room rate from the brand new Hyatt Place of Lansing of $114 per night for a double, $119 per night for a triple and $124 a night for a quadruple (plus taxes of 19%) from May 19th through May 21, Reservations are due no later than April 19th for this discounted rate. Please contact the hotel directly at or call to make your reservations and ask for the rate for the Great Lakes Paralegal Association conference. For more information about the event contact: Kelly A. LaGrave, ACP at klagrave@yahoo.com Registration deadline is April 18, 2016 (late registration accepted until May 11, 2016 if space is available) and can be submitted using one of the following methods: to glpa.michigan@gmail.com include on the subject line "CP Review Course" and provide the completed registration form (see below). US Mail including the completed registration form (see below) Attn: Terri L. Bolyard c/o Foster, Swift, Collins & Smith, P.C. 313 South Washington Square Lansing, MI Payment of the registration fee can be made by check or by using PayPal. REGISTRATION FORM Cost: $125 for GLPA Members $165 for Non-Members $50 additional late fee if registered after April 18th if space is available Name: Employer: Mailing address, City, State, ZIP Telephone number: address: Payment will be made using one of the following methods: Check enclosed in the amount of $ PayPal in the amount of $ option 1: go to click on event, and then click on the PayPal box option 2: go to enter GLPA's address of glpa.michigan@gmail.com, and pay

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14 BECOME A GLPA MEMBER TODAY! Networking is a key element in the success of your career. The Great Lakes Paralegal Association's goal is to foster professional and personal growth of paralegals in Michigan. This includes paralegal students who are entering the work force and those paralegals with experience who have been working in all areas of the law. The Association will provide networking opportunities, mentoring, continuing education programs, and assistance with national certification. Member Benefits Up to date information on issues and trends in the paralegal profession, both locally and nationally. Continuing legal educational opportunities. Discounted rate on all GLPA programs and events. Networking opportunities to meet with legal professionals in your local community. Waiver of initiation fee to become a NALA member. NALA "Facts & Findings" subscription is available at a discounted rate of $25 per year. Visit to complete the membership application GLPA BOARD & COMMITTEE MEMBERS POSITION NAME President Cheryl Nodarse, ACP cnodarse@woodworthlawpc.com President Elect Melissa Vela melissavela78@gmail.com Secretary Telisa Ahn, ACP Telisa.Ahn@dematic.com Treasurer Terri Bolyard tbolyard@fosterswift.com NALA Liaison Kelly LaGrave, ACP klagrave@fosterswift.com Board Member David Bowker, ACP daveb0422@comcast.net Board Member Kelly Preuss, CP kelly@linguisticarete.com Vendor Committee Chair Student Liaison Lisa Branch branchl@michigan.gov Newsletter Committee Co-Chair Amy Cumbow, CP acumbow@fraserlawfirm.com Newsletter Committee Co-Chair Meredith Erickson mlperickson@comcast.net LEGAL DISCLAIMER: We at Great Lakes Paralegal Association (GLPA) are not lawyers and we do not provide legal, business, or tax advice. Our sites, services, and publications are not intended to substitute for the advice or services of an attorney. We recommend you consult an attorney or other appropriate professional if you need legal, business, or tax advice.