San Diego County Public Law Library Offers Free MCLE Course on Socal Media

Social Media For Law Firms - Wednesday, June 8th, 2011

Social media, an easily accessible, low-cost marketing vehicle for lawyers to market their practices, can be overwhelming. Learn how to put together a social media strategy to reach the right audience with the right message. Join the San Diego Law Library and Luce Forward to hear from law firm marketing experts about best practices as well as traps to avoid.

Speakers:
Heather Milne, Senior Marketing Manager, Cooley LLP
Ramona Cyr, Director of Marketing & Business Development, Luce Forward
Debra Baker, Law Firm Services Group Chair, Legal Vertical Strategies

Social Media for Law Firms: What firms of any size can learn from large firm experiences

Wednesday, June 8th, 2011 12-1 pm (check-in 11:45)
Luce Forward
600 West Broadway
2nd Floor Conference Room
San Diego, CA 92101

1 hour MCLE general participatory credit

Lunch provided!!! Thank you Luce Forward!

San Diego County Public Law Library is Throwing a Party!

Last chance to party at the old law library. The books are gone. The building is empty. Join us for this once-in-a-lifetime event to celebrate and raise money to support the renovation of the Main Library. This is going to be a great evening with casino games, live music, food, silent auctions, Eveoke Dance Theatre, and more! We hope you can make it to our Empty House Party and be a part of the transformation.

EMPTY HOUSE PARTY

Be as loud as you want * Drinking & eating in the Library are encouraged * We promise not to shush you!

Date: Thursday February 10, 2011
Time: 5:30-8:30 p.m.
Location: 1105 Front Street, Main Law Library, Downtown

Buy tickets online: $75 in advance / $85 at the door
Discounts: Discounts are available to students and law firm groups of 6 or more.
• Students: Cost $45
Enter 6 tickets and the discount code "Education Group" to purchase tickets at $45 per person.
• Law Firm Groups: Cost $65
Enter 6 tickets and the discount code "Law Firm Group" to purchase tickets at $65 per person.
Proceeds go to the LLJF Renovation Fund.

First 100 registrants receive a Fabulous Swag Bag!
Food hosted by Origano, Ostera, Panevino & Greystone Steakhouse. Wine tasting hosted by One Hope Wine.
Watch the Law Library's renovation live at http://tinyurl.com/WatchLawLibraryRenovation

The Myth of the "Independent Paralegal"

This article originally appeared in the Spring 2010 issue of The Scrivener, as "The LDA's Bookshelf: The Independent Paralegal’s Handbook."

First published in 1986, The Independent Paralegal’s Handbook (1) has spawned a misnomer that, to this day, serves only as a barrier to acceptance of the legal document assistant (LDA) profession by members of the traditional legal community.

As a new LDA, I purchased a copy of the Handbook, with the hope that it would help me sort out who I was, what I did, and for whom I did it. I was a formally trained, experienced paralegal; but totally in the dark about the logistics of LDA contracts, questionnaires, and business practices designed to give UPL a wide berth.

The Handbook includes general information regarding establishing a new business, and an overview of the history of UPL (from 1967-2003) and many states’ positions regarding non-attorney legal services. However, most of this information is skewed toward the misnomer that is the subject of this article.

The misnomer? It’s contained in the book’s very title itself. It is ALDAP’s position that using the term “independent paralegal” to describe non-attorney, self-help legal services is not – and never has been – accurate, proper, or in the spirit of consumer protection.

Reading the Handbook as someone new to the profession left me somewhat unclear about the passage of SB 1418 (Bus. & Prof. Code § 6400 et seq.) and AB 1761 (Bus. & Prof. Code § 6450 et seq.). I had previously read the Code and, I thought, had a pretty good handle on it – I would register as an LDA to assist consumers, and would pick up freelance paralegal gigs to diversify my income and give my brain some room to exercise. But after reading about all of the “independent paralegals” in the Handbook, I was left facing a severe identity crisis.

Even the book’s Introduction states, “In fact, in California, IPs are prohibited from referring to themselves as paralegals.” How is this a fact? If so-called “independent paralegals” are prohibited by law from calling themselves “paralegals,” then they aren’t really paralegals (independent or otherwise) in the first place, now, are they? This sort of cognitive dissonance is difficult to resolve, even for the most sophisticated legal mind.

As I became more involved in the LDA profession, and ALDAP in particular, I began to intuitively understand what I have since researched and verified. Throughout the text of the Handbook, the references to this improper terminology come from the Handbook’s authors; and not the judges, legislators or reports to which the authors cite. The book contains numerous parenthetical references to the term “independent paralegal” immediately following the actual, proper terminology stated in a statute or court opinion (i.e. “legal technicians,” “nonlawyers,” or a similar term). Similarly, the Handbook’s claim that in 1976, Colorado began allowing “the preparation of divorce forms by an independent paralegal,” is erroneous and misleading. In fact, the court case the authors cite (2) contains absolutely no mention of the term “paralegal”; but the authors took certain editorial liberties to push their “independent paralegal” agenda, which conflicts with what they describe as “organized lawyerdom,” as well as several public policy concerns.

The California Paralegal War – An (Un)Civil War

The paralegal profession emerged in the 1970s, when consumer demand to reduce legal fees drove many attorneys to start giving their legal secretaries more substantive assignments. “In response to this need, the terms ‘paralegal’ and ‘legal assistant’ were created,” wrote Sue Sullivan, Director of the University of San Diego Paralegal Program, in an article for SCRIBE. “With additional educational background and practical training, these new professionals were able to work more directly with clients; assist with forms, procedures and paperwork; and free the attorney to go to court, give legal advice, set fees and make legal decisions. Up to that point, many attorneys were their own paralegals.”

Around the same time, individuals – many without any formal legal training – began working directly for the public, with some practitioners calling themselves “paralegals” and raising serious issues concerning the unauthorized practice of law. Worse still, some of these establishments were operated by disbarred attorneys or other questionable characters.

From day one, the lack of differentiation between the bona fide paralegal and the self-help document preparer confused and, in some instances, legally harmed consumers. Members of the public did not know the difference between the two, and many believed they were getting someone with formal legal training or attorney oversight (and the consumer protections that accompany licensure). Immigrant communities were particularly susceptible to fraud, as members of these communities often believed “paralegal” to be synonymous with “lawyer.”

The enactment of Business & Professions Code § 6450, et seq. in 2000 righted that wrong. “It took 20 years before we got AB 1761 through the Legislature,” said Carolyn Yellis, ACP, past president of the California Alliance of Paralegal Associations (CAPA). “Ultimately it was successful because of the differentiation argument and the need to protect consumers.”

At the time, many LDAs raised strong opposition to AB 1761, and some of their remarks remain published today, as position statements on websites targeting the LDA community. There were claims that the bill would not protect consumers, and that, “The only reason CAPA introduced AB 1761 was to protect its turf.”

However, we need only look within the Handbook itself for evidence that, as early as 1988, California governing bodies refused to refer to non-attorney legal document preparers as “independent paralegals,” instead defining them as “legal technicians”; yet the authors’ bias toward this improper terminology shines through, with a parenthetical reference, “(IP),” presumably to “clarify” for the reader that what the California Public Protection Committee (3) really meant was “independent paralegal” rather than the terminology it actually used.

This Handbook, however, is not the sole cause of confusion regarding the differences between self-help legal service providers and legitimate paralegals. Other significant confusion-inducing elements have come from exactly the same source. Around the same time the Handbook was published, one of its authors co-founded the California Association of Independent Paralegals (CAIP); which was finally forced to change its name to California Association of Legal Document Assistants (CALDA) upon the passage of AB 1761. One person is behind both of these far-reaching, long-standing, public “statements” that non-attorney, self-help legal service providers are – or should be – called “independent paralegals.” This individual may not have known what she was talking about, but she said it with a megaphone; leaving generations of LDAs to clear up confusion that has held the profession back, and made us all vulnerable to the “rogue” paralegals.

It appears that the enactment of section 6450 was in direct response to exactly this misinformation, and the stubborn refusal to correct it voluntarily. AB 1761 may never have passed, absent the loud proclamations from non-paralegals that they should be allowed to call themselves “paralegals.”

LDAs and “independent paralegals” are not the same. They never have been the same. And those who continue to insist that they are – or were – the same, do nothing but a disservice to our profession and the clients we serve.

As written, sections 6400 and 6450 would have – and should have – afforded at least some measure of consumer protection, if they were enforced and dutifully followed by members of both professions. But far too many LDAs continue to muddy the waters by insisting on defining themselves as, “formerly known as independent paralegal.” A more accurate statement might be, “sometimes erroneously referred to as independent paralegal,” or “don’t want to give up any perceived competitive advantage I get by advertising as a paralegal.”

In the Handbook’s chapter on naming your business, the authors claim that “paralegal can mean almost anything.” This statement could not be more false. The same year that this book was first published, the American Bar Association adopted its model definition of legal assistant/paralegal – which did not include the provision of self-help services to consumers. While this erroneous information may have been caused by the delay between the time of writing to date of publication, these statements certainly should have been corrected on one of the five subsequent editions.

The decades-long confusion created by the inappropriate application of this term to describe non-attorneys who assist self-represented litigants is a direct result of misinformation such as that contained in this Handbook. How many new practitioners were just like me, desperate for information and thrilled to find such a Handbook? This book is now out-of-print, but new LDAs will continue to scour eBay or Amazon for used copies, only to learn an improper vocabulary and outdated or erroneous historical context for the consumer protections afforded under today’s Business & Professions Code.

Until such time that we, as a profession, cast aside this improper, confusing title in favor of proudly proclaiming our rightful distinction as bonded and registered legal document assistants, our own businesses, the paralegal community, and the general public will continue to be harmed by rogue paralegals – who are neither paralegals nor LDAs. It’s been ten years. Let’s take back our titles and put the rogues out of business.

Notes:

1. Ralph Warner, Stephen Elias & Catherine Elias-Jermany, The Independent Paralegal’s Handbook, (6th ed., Nolo 2004).
2. Colorado Bar Ass’n v. Miles, 192 Colo. 294 (1976).
3. The California Public Protection Committee was appointed in 1986 by the California State Bar to investigate public harm from nonlawyer legal services, and to determine if regulation of the nonlawyer providers would be appropriate.

Creative Merger II: Justice and Peace

Please join us for the Opening Night Gala and Exhibition
Creative Merger II: Justice and Peace

Wednesday, June 9, 2010
5:30 – 8:00 pm. @ The Sacramento County Public Law Library
813 Sixth Street, Sacramento, CA 95814

The Show is on view from June 9 – September 9, 2010

A benefit for California Lawyers for the Arts

Art created by Lawyers, Therapists, Mediators, Musicians and Artists highlighting images related to justice, peace and conflict resolution. A creative collaboration by California Lawyers for the Arts, Therapists for Social Responsibility, The Sacramento County Public Law Library and The Sacramento Philharmonic.

Juried by Michael Solomon of the Solomon Dubnick Gallery.

Food and Wine by Opening Doors Inc. and Revolution Wines

Tickets are $15 in advance and $20 at the door.
To purchase tickets go to http://www.brownpapertickets.com/event/96843
For more information visit www.calawyersforthearts.org or call 916-442-6210

Free Lecture on Social Media and the Legal Profession

COMMUNITY: Sacramento Social Media Club & Friends
LOCATION: THE URBAN HIVE, 1931 H Street, Sacramento, CA 95811
EVENT: Tuesday, April 20, 2010, from 6:30pm to 8:30pm
RESERVATIONS: http://www.eventbrite.com/event/607072771

Hosted by The Urban Hive in Midtown Sacramento. From studying law in the classroom to class action lawsuits, utilizing social media has become commonplace for students and attorney’s alike. Privacy, social sharing at the speed of fiber optics and server farms in the "cloud" are changing the legal landscape. Be a part of the conversation that is shaping what we can and can't do online.

Agenda:
• 6:30-7:00: Registration and socializing
• 7:00-8:15: Web of Justice: Social Media & Law
• 8:15-8:30: Wrap-up

Topics to Be Covered:
• How the legal profession is using social media
• How to use social media for legal and business research
• How law school students are using social media
• Social media and liability--a lawyer's perspective

Speakers:
• Jonathan G. Stein, Personal Injury & Insurance Attorney
• Kate Fitz, JD, MLIS, Public Services Librarian, Sacramento County Public Law

Library
• Sharon Lovell, Law Student, Lincoln Law School of Sacramento

There is no cost to participate. Light appetizers and drinks will be provided.

Social Media Club brings together journalists, publishers, communications professionals, artists, amateur media creators, citizen journalists, teachers, students, tool makers, and other interested collaborators. The Sacramento chapter was founded in March of 2009 by local users of social media.

There IS Such a Thing as "Bad Publicity"

As a crusader for compliance in the delivery of non-attorney legal services, I was shocked and dismayed to discover that I was “advertising” as an attorney – without my knowledge and most certainly without my consent. I urge all LDAs and freelance paralegals to do a little research to make sure you have not been caught in the same trap.

I periodically research my personal web presence and my company’s exposure on the internet; I want to see where my name appears, what people are saying, what websites refer to my content as a resource, etc.

In the past, this practice has helped me tremendously: I have identified – early on – infringement of my copyrighted material, and I have discovered many legal websites and resources which I have since incorporated into my practice. Recently, I discovered my LDA business, Red Sky Legal, was listed under “Attorneys – Estate and Probate” in AOL’s online yellow pages directory for several communities within San Diego County. I was in good company, however, with many LDAs (including a handful of ALDAP members) also listed on the same page, with “Attorneys” emblazoned across the top of the screen. I found this to be quite disturbing.

I have never advertised myself as an attorney or Red Sky Legal as a law firm. How could this happen?

The aforementioned AOL yellow pages directory “features” AT&T’s directory at www.yellowpages.com (changing to www.yp.com). It appears that AT&T is the source for the content displayed on AOL’s directory; my business has an enhanced profile in the AT&T directory and the artwork on AOL’s site matched the artwork from my AT&T listing.

Of course, I am not an attorney, and can be criminally prosecuted and have my business shut down for advertising that I am. One of the categories I chose for my listing in AT&T’s directory (the only advertisement I have actually placed or even consented to) was “Estate Planning, Probate and Living Trusts,” a category that includes a number of non-attorney service providers in addition to many traditional estate and probate lawyers. This seemed like a safe choice; it represents the work I do but clearly is NOT an “attorney” category.

However, when AOL pulled the data from AT&T over to their own directory, they took it upon themselves to change the category name to “Attorneys – Estate and Probate.” Ouch.

I started with my AT&T rep; I provided a lengthy explanation about how this simply cannot happen, particularly for an officer in an association that focuses its efforts on consumer protection and professional integrity! “This association investigates, collects consumer complaints, and forwards them to the authorities for prosecution – for doing things like illegally advertising as an attorney,” I explained. “How can I preside over an association that rails against fraud in the legal industry when my own ads are fraudulent and illegal?”

“AOL absolutely MUST change the heading for that category, to remove the word ‘attorney,’ lest my colleagues and I face potential criminal prosecution and seizure of our businesses (by the California State Bar), and certain harm to our reputations for engaging in what is perceived as fraudulent activity, which we never actually engaged in, never attempted to engage in, and never authorized.”

I also submitted this information via the “Send Feedback” form on the AOL yellow pages site.

I asked my AT&T ad rep for contact information for AT&T’s legal department, and independently located contact information for AOL’s legal department. I had hoped someone in the legal department would understand that it is in their best interest to rectify this situation immediately. They would understand that there are hungry lawyers out there who would like nothing more than to sue an LDA for unfair business practices; and that if I were served with such a complaint, the first thing I would do is cross-complain against AOL and AT&T.

Initially, the recommended “solution” was to change the categories of my AT&T listing – an unacceptable option. I pressed my AT&T rep further and he involved someone on the tech side to resolve it. A week later, I had not heard back from the tech contact but I did another search and noted that my business has been removed from AOL’s “attorney” category. Unfortunately, I don’t yet know what “worked.” Was it my AT&T rep’s efforts? The tech contact at AT&T? The email to AOL’s legal department? The two feedback form submissions directly to the AOL site? I may never know, but I am relieved that the message somehow got through to the right person.

My “attorney” listing has not yet been fully removed from Google’s cache, but I am confident that it will be shortly. When I Google my phone number, I get hits for AOL’s attorney categories in the various communities I serve; however, when I click on the links to the current pages I see that my company (and the other LDAs who were listed right there with me) no longer appears on the page.

I urge all LDAs to “audit” their internet presence. Google your phone number. Or Google your number plus the word “attorney” or “attorneys” and see if you discover that you have been unwittingly advertising as an attorney. If so, contact your ad rep immediately or the webmaster of the site displaying the offending listing. Most importantly, document every step of this process. Keep a record of your email correspondence; PDF those web-based “Feedback” form submissions before you click “Send”; keep a journal of dates and times you communicated (or attempted to communicate) with the website’s publisher; and if you have to send snail-mail, which may be necessary if electronic communications are ineffective, use Certified Mail and keep copies of the receipts.

If the DA or State Bar comes sniffing around (or that hungry lawyer sends his process server your way) you have documentation of your attempts to be a diligent and compliant member of the LDA profession.

E-Filing Eliminates Hassles/Delays

Clients do not always understand that it takes time to file documents, particularly if you file documents in courts in other areas of the country. E-file allows for almost instant filing and return of your court documents. The cost is minimal and certainly can be passed on to your clients. I offer my clients the advantage of e-filing over US Mail or delivery by runner. It's their choice if they wish to pay the cost. Sometimes, sending documents to the court through the mail delays filings and I have even had documents lost in the mail! This can result in an unhappy client.

I sent a dissolution to Ventura Superior Court last night (Saturday) and it will be filed first thing Monday with instant access to the filed documents. The cost was $15 for the e-filing, $12 service charge, plus the actual filing fee. Total cost: $382.00. Cost to me: ZERO The cost of the client's happiness: PRICELESS!

Client satisfaction is just one of the benefits of e-filing. Filing cases electronically reduces the cost of filing, eliminating much of the paper handling involved, and allows the courts to function more efficiently. In addition, E-Filing.com's electronic filing process makes it possible for documents to be submitted to the courts twenty-four hours a day from any location with Internet access.

Of course, you should check the local rules to make certain that e-filing is allowed at a particular court. You can check directly court rules directly on the e-file website. One day soon, e-filing is sure to be the only method of filing in all courts.

https://www.e-filing.com/

CAPA Leadership Conference: “CliffsNotes™” & Kudos

On Saturday, November 7, we attended the 7th bi-annual leadership conference presented by the California Alliance of Paralegal Associations (CAPA). “Surf, Sun and Sand: Making Waves with Strong Leadership,” hosted by the San Diego Paralegal Association (SDPA), was top-notch in every respect – with engaging dialogue, cautionary tales related to fiduciary duty, inspirational ideas, and practical “how-to” tips to move our organization – and the profession – forward.

Presentations included team-building exercises, interactive “conflict” creation and resolution, proper parliamentary procedure, financial accountability for non-profit organizations, membership development and retention, social networking, and a lively discussion of Juror #8’s (Henry Fonda) dissent, courage and leadership in the 1957 classic, "12 Angry Men." Click here for photos from the event.

We came away from this event energized and inspired, and I eagerly look forward to implementing the ideas that evolved out the subsequent brainstorming discussion! I envision a day when the LDA community has truly educated the bench, the bar and the general public about the proper role of LDAs in the efficient delivery of legal services and court operations. If you share the same vision, please join us to make it a reality – our reality. Fill a vacant board position. Join a committee. Or simply log on to Facebook, Twitter or LinkedIn and share your $.02!

“As leaders in our community, it is imperative that we constantly strive to improve ourselves and add to our skill sets in order to keep a fresh vision and to feed our passion to benefit those we serve,” wrote CAPA President Mel Irvin. I could not have said it better myself. Kudos to CAPA and SDPA for a great event!

Note: CliffsNotes™ is a trademark of Wiley Publishing, Inc. in the United States and other countries.

Sacramento County Public Law Library Offers MCLE and Writing Course

Legal Writing from Basics to Blogging

November 4, 2009 (Wednesday)
6:00 pm to 8:00 pm

Instructor: Jonathan G. Stein & Christine McKenzie, Attorneys at Law

This seminar will encompass the essentials of legal writing, including a survey of grammar, citations, titles, word usage and formatting specific to the legal arena. The program will also cover the issues involved with writing a legal blog, website or other Web 2.0 application. What works for court does not necessarily work for the Internet! The program will cover the basics of who, what, where, when, why and how, as well as whether you should be on the Internet (yes) and under what circumstances.

2 hours MCLE credit
Register at www.SacLaw.org: $55.00


Parking validation available for the City of Sacramento two-story parking structure, entrance G Street & 7th. Bring your parking receipt and obtain validation.

Sacramento County Public Law Library, 813 Sixth Street, 1st Floor, Sacramento, CA 95814
Phone: 916.874.854

Roundtable Recap: Helping Your Clients Be the Best Lawyers They Can Be

ALDAP's LDA Roundtable Discussion on September 11 enjoyed an unprecedented turnout, with standing room only. Many of us arrived early - and stayed quite late - chatting, exchanging ideas and sharing tips with one another.

We have made the printed handouts available for download by clicking this link. View more photos on ALDAP's Facebook page.

Stay tuned! LDA Roundtable Discussion: Helping Your Clients Be the Best Lawyers They Can Be: Tips to Enhance Your LDA Practice and Successfully Carve Out Your Niche as the Go-To Resource for Do-It-Yourselfers is going on the road. Watch for northern California dates in the near future.

California State Bar 82nd Meeting Recap

ALDAP was well represented at the 82nd Meeting of the California State Bar held September 10th through the 13th at the Hyatt Manchester in San Diego, California.

The Hyatt is an overwhelmingly beautiful hotel and is quite new. The two towers rise above downtown San Diego as the tallest buildings in the area. The grounds are tastefully opulent, with a fresh breezy renaissance décor, lots of marble, windows and columns. We found areas to hide and even found our way into the hotel’s very own floral room where the flower shop personnel design arrangements. Parking is adjacent to the hotel with elevators that descend directly into the lobby area. The meeting registration was a breeze even though we arrived during the height of activity.

The hotel sits adjacent to Seaport Village, a lovely bayside park-like area full of shops and restaurants with places to sit and people-watch. Along the pier is an art and crafts fair with booths of all kinds. We spent a great deal of our “off” time between and after classes sitting and talking at the tables and benches that line the walkways. Seaport Village boasts five-star restaurants and we took advantage of early dining pricing to sample the food from some of the more expensive menus.

Besides the opportunity to complete our CLE requirements, the meeting allowed for ample networking and discussion of non-attorney legal service providers. The Exhibitors Hall was full with booths and representatives dealing their various products and subscriptions. We were pleased to find that we were well received not only by the other attendees, but also by the vendors who of course realize that we also have buying power. We were buried in handouts and little chotchkies. The exhibitors hall was the source of complimentary cupcakes, cookies and drinks as well as ice creams and other goodies, and provided attendees with a one-stop shopping for their professional needs. Handel on the Law broadcasted directly from the meeting on Saturday and the day proved to be lively. We made a lot of friends and contacts throughout the entire event.

While some courses left a bit to be desired, many were excellent. We availed ourselves of every technology class we could possibly attend, meeting to evaluate our choices and promising to share the handouts for those courses that the others could not attend. During the meeting it was brought to our attention that West was giving away thumb drives so that attendees could download all of the program materials. Small State Bar kiosks were arranged strategically throughout the hotel with laptops so that attendees could download materials at their convenience. I downloaded only the materials of interest to my practice and it took an hour and a half – that is how extensive the course offerings were.

Suzanne selected Martin Dean’s course on technology which I skipped only to learn later that Martin Dean, himself, was the lecturer and has been for several years. Suzanne related that the seminar was enjoyable and quite entertaining. She found it to be the most interesting of all of the technology courses she attended. Many of the courses were interactive and I was proud to participate in many question/answer sessions, proving my knowledge of the legal system and its processes, particularly in a course on new legislation.

I walked away with 9 CLE credits, 3 of which were in ethics. I wanted to knock off the last Ethics hour by attending Sunday morning’s "What Would Lincoln Do?" Suzanne later reported that the course was interactive and quite enjoyable. Unfortunately, Sunday morning found me to be completely exhausted and unwilling to give up sleeping in and hitting the beach to earn one more hour of credit. I awoke late and enjoyed fresh squeezed OJ and a lobster and shrimp omelet at the beach, taking time out to just sit and relax in the sun. After four full days of classes and crazy evenings, I was due for some time to myself. It felt marvelous.

The cost of the meeting was an affordable $275 for the four day event and I have to say I certainly got great value for my money.

Next year’s meeting is scheduled to take place in Monterey and we have already promised all our new friends that we see them there – I can hardly wait!

Sac Law Library MCLE - Internet Marketing/Research

WEB 2.0 for Lawyers: Reposition Yourself on the Internet

September 30, 2009 (Wednesday) 2:30 pm to 4:30 pm

Instructor: Kate Fitz, SCPLL Law Librarian

2-hours MCLE credit Cost:$30.00

“Web 2.0" tools abound - blogs, social networks, Wikis, Flickr, YouTube, Twitter, RSS feeds, and much more. Many of these tools are free. This session will show you how to use these tools to keep up-to-date, enhance your research and collaborative work, network with colleagues, experts, and others, and even gather information related to cases. Participants will receive handouts including links to the featured web tool images.

Parking validation available for the City of Sacramento two-story parking structure, entrance G Street & 7th. Bring your parking receipt and we will validate for time spent in this class.

Sacramento County Public Law Library
813 Sixth Street, 1st Floor, Sacramento, CA 95814
916.874.8541

www.saclaw.org

LDA Roundtable Discussion - Only Two Spots Left!

Helping Your Clients Be the Best Lawyers They Can Be: Tips to Enhance Your LDA Practice and Successfully Carve Out Your Niche as the Go-To Resource for Do-It-Yourselfers

The LDA Roundtable is right around the corner! Whether or not you are attending the California State Bar’s 82nd Annual Meeting, on September 10-13 in San Diego, you won't want to miss the LDA Roundtable on Friday, September 11 at 6:30 p.m.

The Bar’s daytime MCLE sessions will seamlessly transition into a lively LDA discussion of Helping Your Clients be the Best Lawyers They Can Be: Tips to Enhance Your LDA Practice and Successfully Carve Out Your Niche as the Go-To Resource for Do-It-Yourselfers.

Rarely does the typical LDA client need assistance solely with legal form preparation. They often have a host of questions about both substantive and procedural law. This LDA Roundtable discussion will help you take your LDA practice to the next level by sharing the tools and techniques necessary to turn your document preparation business into a comprehensive self-help legal service.

Professional integrity or client satisfaction? Why should you have to choose one over the other? Learn how to put your paralegal skills to work, providing your clients with exceptional informational and educational services in addition to the mere typing of legal documents. Streamline your practice and boost your own personal efficiency. Increase your revenue by raising prices for enhanced self-help legal services. And best of all, avoid those awkward moments when the client asks (or insists) that you provide legal advice.

You can do all of this – and more – while simultaneously guaranteeing you remain in compliance with all laws governing non-attorney legal service providers. In fact, many of these tools will actually insulate you from even the appearance of giving legal advice, and implementing these practices will help to support a defense should anyone ever question whether you are engaged in the unauthorized practice of law (UPL).

Attendance at the Bar events is not required to participate in ALDAP’s LDA Roundtable. So be sure to take advantage of this opportunity to establish yourself as an experienced professional on the cutting edge of the self-help legal movement. There is no charge to attend the LDA Roundtable, just pay for your own dinner and drinks. The event will take place at El Torito located at 445 Camino Del Rio South in San Diego’s Mission Valley. Seating is limited and we only have two spots left, so be sure to RSVP as soon as possible. For more information or to RSVP, contact Suzanne Ervine at VicePresident@aldap.org or (619) 567-5176.

ALDAP created the LDA Roundtable as a forum to discuss topics related to the LDA and contract paralegal professions, and to enable self-help legal service professionals to get the answers they need and share their knowledge in a pleasant environment.

MCLE Bargain - 4 Full Days of CALBAR MCLE @ Under $70 per day

California State Bar Offers Low Cost MCLE to Legal Professionals

All California legal professionals - attorneys, paralegals and LDAs alike - can take advantage of low cost MCLE, and combine business with a mini-vacation by attending the 82nd Annual Meeting of the California State Bar in sunny San Diego, California, at the Manchester Grand Hyatt. Participants can earn up to 18.5 hours of MCLE credit, hang out in the Exhibitor's Hall, access emails at Internet Kiosks set up throughout the meeting areas, enjoy the Internet Cafe, and participate in family activities all provided by the California State Bar.

The MCLE courses are organized along four educational tracks: technology, solo practice, substantive law and practice skills. In addition, one hour of MCLE credit in prevention and detection of substance abuse can be earned by picking up a complimentary self-study audio CD at the Bar’s Lawyer Assistance Program booth in the exhibit hall.

MCLE credit is the big draw, and the Annual Meeting offers low-cost, one-stop shopping. Some130 different courses will be offered, beginning Thursday morning and continuing until noon Sunday, and several of the offerings are particularly applicable to the self-employed LDA, including:

• Unbundled Family Law
• Recent Developments in Trusts, Guardianship, Conservatorships and Probate
• How Post-Mortem Administration is Like a Probate
• Top Tech Tips for a Law Practice
• Law Office Systems and Procedures
• Martin Dean Speaks: 2009 Tips, Tricks and Techniques in Technology for the Lawyer (or the LDA)
• Technology for the Small Law Firm - Competing on a Shoestring Budget
• Legal Issues for Websites and Web-Based Business Models
• Dealing with Difficult People - Attorneys and Judges Alike

MCLE credit will be offered in all required subfields, and legal specialization credit is available in appellate, bankruptcy, criminal, estate planning, trust and probate, family, immigration, taxation and workers’ compensation law. Offerings cover the full spectrum of legal practice, from transactional law to technology, from DUIs to domestic violence, from taxes to trusts.

For troubling economic times, there are numerous courses addressing various financial problems: financial practice management in a down economy, alternatives to bankruptcy, 10 things to know about insolvency, and “When the Economy Gets Tough, the Tough Become IP Lawyers.” There are courses on privacy, trade secrets, immigration, copyright practice, office and time management, technology, attorney’s fees, mediation and recharging a legal career. Timely topics like cyberspace law, new e-discovery rules, the federal legal landscape under the Obama Administration, global privacy and real property foreclosures will also be available.

For a mere $68.75 per day, this is the highest quality MCLE your money can buy. Early bird registration for non-attorneys is just $275. After August 10, the paralegal/LDA rate is $375. So don't delay! Click here for more information.

Wait there's more!

ALDAP Presents The LDA Roundtable Friday Evening - Meet for Dinner After DAYTIME MCLE

The Alliance of Legal Document Assistant Professionals (ALDAP) is hosting an LDA Roundtable discussion:

Helping Your Clients be the Best Lawyers They Can Be: Tips to Enhance Your LDA Practice and Successfully Carve Out Your Niche as the Go-To Resource for Do-It-Yourselfers

Friday, September 11 at 6:30 p.m. in San Diego.

This LDA Roundtable discussion will help you take your LDA practice to the next level by sharing the tools and techniques necessary to turn your document preparation business into a comprehensive self-help legal service.

Professional integrity or client satisfaction?

Why should you have to choose one over the other? Learn how to put your paralegal skills to work, providing your clients with exceptional informational and educational services in addition to the mere typing of legal documents. Streamline your practice and boost your own personal efficiency. Increase your revenue by raising prices for enhanced self-help legal services. And best of all, avoid those awkward moments when the client asks (or insists) that you provide legal advice.You can do all of this – and more – while simultaneously guaranteeing you remain in compliance with all laws governing non-attorney legal service providers.

In fact, many of these tools will actually insulate you from even the appearance of giving legal advice, and implementing these practices will help to support a defense should anyone ever question whether you are engaged in the unauthorized practice of law (UPL).

Even if you are not attending the daytime MCLE events, you won’t want to miss this opportunity to establish yourself as an experienced professional on the cutting edge of the self-help legal movement. There is no charge to attend the LDA Roundtable, just pay for your own dinner and drinks. The Roundtable will take place at El Torito located at 445 Camino Del Rio South in San Diego’s Mission Valley.

Seating is limited, so be sure to RSVP as soon as possible. For more information or to RSVP, contact Suzanne Ervine at VicePresident@aldap.org or (619) 567-5176.

ALDAP created the LDA Roundtable as a forum to discuss topics related to the LDA and contract paralegal professions, and to enable self-help legal service professionals to get the answers they need and share their knowledge in a pleasant social environment.

LDA Roundtable Discussion: Helping Your Clients Be the Best Lawyers They Can Be

Tips to Enhance Your LDA Practice and Successfully Carve Out Your Niche as the Go-To Resource for Do-It-Yourselfers

The California State Bar’s 82nd Annual Meeting, on September 10-13 in San Diego, offers a wealth of educational, informational and networking opportunities for the entire legal community – lawyers, paralegals and legal document assistants (LDAs), alike.* To make the most of this event, the Alliance of Legal Document Assistant Professionals (ALDAP) is hosting another crowd-pleasing LDA Roundtable discussion on Friday, September 11 at 6:30 p.m. in San Diego.

The Bar’s daytime MCLE sessions covering new developments in the law, legal technology, and guidance for solo attorneys (handily lending itself to the solo LDA juggling the demands of entrepreneurship while keeping abreast of changes in legal forms and procedures) will seamlessly transition into a lively LDA discussion of Helping Your Clients be the Best Lawyers They Can Be: Tips to Enhance Your LDA Practice and Successfully Carve Out Your Niche as the Go-To Resource for Do-It-Yourselfers.

Rarely does the typical LDA client need assistance solely with legal form preparation. They often have a host of questions about both substantive and procedural law. This LDA Roundtable discussion will help you take your LDA practice to the next level by sharing the tools and techniques necessary to turn your document preparation business into a comprehensive self-help legal service.

Professional integrity or client satisfaction? Why should you have to choose one over the other? Learn how to put your paralegal skills to work, providing your clients with exceptional informational and educational services in addition to the mere typing of legal documents. Streamline your practice and boost your own personal efficiency. Increase your revenue by raising prices for enhanced self-help legal services. And best of all, avoid those awkward moments when the client asks (or insists) that you provide legal advice.

You can do all of this – and more – while simultaneously guaranteeing you remain in compliance with all laws governing non-attorney legal service providers. In fact, many of these tools will actually insulate you from even the appearance of giving legal advice, and implementing these practices will help to support a defense should anyone ever question whether you are engaged in the unauthorized practice of law (UPL).

Attendance at the Bar events is not required to participate in ALDAP’s LDA Roundtable. Even if you are not attending the daytime MCLE events, you won’t want to miss this opportunity to establish yourself as an experienced professional on the cutting edge of the self-help legal movement. There is no charge to attend the LDA Roundtable, just pay for your own dinner and drinks. The Roundtable will take place at El Torito located at 445 Camino Del Rio South in San Diego’s Mission Valley.

ALDAP created the LDA Roundtable as a forum to discuss topics related to the LDA and contract paralegal professions, and to enable self-help legal service professionals to get the answers they need and share their knowledge in a pleasant environment.

*At the affordable price of $275 (early bird, non-attorneys) for 4 days of California State Bar seminars and 18.5 hours of MCLE, how can you go wrong? The early bird (discounted) registration deadline for the Bar’s Annual Meeting is right around the corner, August 10. Click here for more information or to register. We hope to see you there!

Sacramento County Law Library Offers Two Business Courses

Reevaluate Your Business Plan

April 14, 2009 (Tuesday) 9:00am to 11:00am

Instructor: Clyde Green, Business Consultant with the Greater Sacramento Small Business Development Center

“You can’t manage what you can’t measure.” Listen to a business consultant discuss how to reduce your business expenses; review your payment terms; how to collect your receivables; look at your current management styles and skills; and where to look for clients in a downturn economy.

Registration Fee: $10.00



Refine Your Career Goals For 2009 And Beyond

April 14, 2009 (Tuesday) 11:15am to 12:15pm

Instructor: Helen Scully, Career Coach, Scully Career associateshttp://www.scullycareerassociates.com/

Change is the one thing you can count on in today’s world of work. Being “change resilient” and planning for your future is the key to riding the work roller coaster. In this workshop, you will learn the rules of engagement in a changing economy. You will find out how to assess your strengths and priorities, research your professional alternatives and creatively position yourself for both satisfaction and sustainability.

Registration Fee: $10.00

You may register online at http://www.saclaw.org/.

Parking validation is available for the City of Sacramento two-story parking structure; entrance on 7th & G Street. Bring your parking receipt and we will validate for time spent in this class.

Sacramento County Public Law Library
813 Sixth Street, 1st Floor
Sacramento, CA 95814
Phone: 916.874.8541
Fax: 916.874.5691
http://www.saclaw.org/

Getting More from Google: Tips for Legal Professionals

Getting More from Google: Tips for Legal Professionals

Date: March 25, 2009
Start Time: 2:00 PM End Time: 4:00 PM
Location: Sacramento County Public Law Library, 813 Sixth Street, First Floor, Sacramento, CA 95814, Main Library, Training Center
Instructor: SCPLL Law Librarians

County Bar Member: $30 Non-County Bar Member: $30

Class Description:

Regular Google users will learn new tips and techniques for conducting sophisticated searches and how to use Google to attract clients. Google® enables an Internet user to search the Web, Usenet, and images. Google users will learn how to conducting sophisticated legal searches and apply other online Google resources.

Parking validation is available for the City of Sacramento two-story parking structure; entrance on 7th & G Street. Bring your parking receipt and we will validate for time spent in this class.

Online Message Boards and the LDA

Are You Your Own Worst Enemy?

I see red each time I view online discussion board posts by non-attorney Legal Document Assistants who ask for and receive advice on behalf of clients. This online promulgation of information and advice is an obvious violation and - no two ways about it - the unauthorized practice of law. A proper LDA business model should contain intelligent and well thought out measures and be carefully structured to serve both the client and the LDA while complying with all governing laws. Clients with "inquiries" should be directed to the appropriate legal resources, not told to "hang on" while the LDA tries to figure something out to make the sale.

We have a spiel that we give to each and every client. We inform each client that our relationship is much like that of an attorney and support staff. They are [their own] attorney and we are support staff. It is the client's duty to visit the law library and research forms and procedures relative to their action. Clients are instructed to to bring those materials to us and to include written instructions and information relating to the forms. We do not bore each prospective client with a lengthy Business & Professions Code discussion which they find confusing and unwanted. We tell them that we are required to provide them with a written contract for purposes of consumer protection. We make certain they understand that we are not attorneys, but are registered and bonded legal document preparers. We finish with how they, alone, are responsible for the selection, content and form of their documents. I have found that prospective clients appreciate the plain talk and understand, from the very beginning of our relationship, the services provided and our limitations. We also do not write queries to online message boards or send emails asking for advice and then, in turn, disseminate that information and advice to our clients. Let's leave that type of UPL activity to the rogue paralegals.

Good business practices are essential in our field. These are the procedures and policies that keep our businesses viable. This initial explanation of our relationship is our tool to maintain compliance and it has actually increased sales. Clients are pleased to be told "you are your own attorney" and understand that we are not responsible for any mistakes in the content or selection of forms as both are the client's absolute responsibility. Clients also enjoy performing the research necessary to facilitate their actions, and this research lays the groundwork that enables the client to intelligently represent himself or herself in court or mediation. My clients are amazed at how quickly they obtain the necessary information from the library. Clients come into our office with thumb drives or laptops, or email us, with the downloaded information they obtained at the law library with a just few quick keystrokes.

The county law libraries have every resource a person could possibly need, and librarians' skills are top notch. No longer do people enter the law library to flail about, wandering the aisles and wondering which book or books to pull from the shelves. Law librarians are extremely helpful, knowledgeable, and eager to assist anyone. What was once a tedious task is now interesting and comprehensive. I believe law libraries are stalwart partners, and are in fact, leaders in the access to justice movement. I thank each and every staff member for helping the multitudes of self-represented litigants.

There is nothing more frustrating than to read or overhear a registered LDA asking for advice for a client or worse yet, commenting on the research they are doing for a non-attorney client. I also cannot fathom that a registered LDA (who is clearly aware of the prohibitions concerning the unauthorized practice of law) would dispense this advice to non-attorneys. Most LDAs are form-fillers and do not have the legal acumen to understand all facets of a claim or remedies. A paralegal, on the other hand, might have the knowledge, but should know the difference between providing information and giving legal advice.

California is one of the few states allowing document preparers to contract directly with consumers. Some other states are not so compassionate toward the self-represented. It has long been my desire that other states would be influenced by California laws pertaining to LDAs, rather than California becoming influenced by its own LDAs' lack of compliance. There are several different ways we can successfully assist clients without breaking or even "bending" the laws. If we do not maintain our integrity and honor the statutes that grant us the authorization to engage in business as document preparers, the California Legislature might very well decide to mirror other states. It starts and ends with each and every one of us. It is up to us to protect consumers by abiding by the rules.

Trim Your Advertising Budget…And Increase Your Response!

Don’t make the same costly mistakes so many LDAs (and small businesses in all industries) make – that yellow pages sales rep does not necessarily know about advertising and marketing strategy; he knows how to get you to part with your hard-earned money! However, a well-crafted marketing message can increase your response so you may even be able to trim that marketing budget. Throwing more money at an ineffective ad will not generate more business, it just leaves a hole in your wallet.

Log on to ALDAP’s discussion group to learn the most powerful, productive, and efficient way to generate profitable responses from your advertising. This article is specifically written for lawyers by a lawyer marketing expert, and is chock-full of tips, ideas and strategy for marketing legal services of all types.

• 7 essential links in your advertising chain
• 5 inflated claims newspaper and magazine sales reps use to confuse, and 10 facts to set the record straight
• The 2 most important terms in radio and television advertising
• How the yellow page sales reps can almost certainly “improve your ad” by throwing more money at another long-term contract – but will it really improve your bottom line?
• How to avoid the expensive pitfalls of internet advertising

Note: the discussion group is also where you can find The Pleading Vault and other helpful resources. If you are an ALDAP member and haven’t joined the group, log on today! If you aren’t an ALDAP member, join us and take part in the discussion.