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PUBLICATION OF THE TENNESSEE PARALEGAL ASSOCIATION
Spring 2006 Volume 25, Number 1
TPA is an
affiliate of the
National Association
of Legal Assistants
Inside this issue:
 President’s Message
 First Vice-President Report
 East Tennessee Regional
Directors Report
 Update Electronic Discovery
Amendments FRCP
 Summary Board Meeting
January 7, 2006
 Southeast Tennessee Chapter
Report
 TPA History: Our First Five
Years
 “Breaking the Code”
 Announcement & Reminder
 Career Chronicles
 East Tennessee Chapter
Report
 Reflection: Spring Seminar
 NALA Campus Live
 “Auntie Em Died and I have
the Will”
 “Cut It Out”
TN Paralegal Association
Tennessee Paralegal Assoc.
Post Office Box 21723
Chattanooga, TN 37424
http://www.tnparalegal.org
President’s Message
What a busy and exciting first quarter we have had! We started TPA’s 26th
year
with a bang. Thanks to the efforts of ALL of our board and MANY of our members, we
are stronger than ever.
Huge thanks go to our West Tennessee Chapter for the amazing Spring Seminar
they put on for us in April. You will see more pictures of our seminar inside this issue.
We had paralegals from across the state attend and it was a great opportunity for learning
and networking. Many of our presenters came from Nashville, despite threats of bad
weather and even tornadoes that touched down in Middle Tennessee. Special thanks go to
Jennifer Petty and Tammy Bradford for all their hard work in planning and putting
together a great lineup of presenters. It was also a great reunion because those of us from
other parts of the state got to see some other “old-timers” we haven’t seen in a while (you
know who you are, so I won’t mention names)!
Our East Chapter has been busy too. In addition to their great monthly meetings,
they participated in the Legal Tech Expo sponsored by the Knoxville Bar on April 28 and
gave a presentation to the Knox ville Legal Administrators at their May 17 luncheon
meeting. Presentations like this are the best way to raise awareness of our profession in
the legal community and Chapter Chair Tracey Williams and East Region Director Alisa
Pruett have been hard at work getting the word out in the East.
In the Southeast, Chapter Chair Louise Mulderink with the help of Laysha
McCullaugh have gotten our monthly Chapter newsletter going again. Thanks to these
ladies for making the effort that goes into publishing that. We are consistently having 20+
in attendance at our monthly Chapter meetings and the newsletter will be a great asset in
getting the word out about what is going on with TPA.
Although the Chapters are where the rubber meets the road, as they say, we are
also making GREAT progress on a state association level in 2006. Below are just some of
the things the board and members have accomplished so far this year:
 Creating and implementing a new and improved website at www.tnparalegal.org ;
 Improving the look and content of The Paralegal Advocate;
 Adopting a new logo to promote a more professional image;
 Creating a new TPA informational brochure;
 Creating committees for: bylaw revision, website consultation and to create a policy for
seminar vendors;
 Reaching out to law firms and employers for sustaining memberships and to help create
awareness of our association and ways we can assist them;
 Offering more opportunities for continuing legal education at meetings in all chapters
across the state; and
 Replying to job opening, education, certification and other inquiries coming in through
our new website.
I am very excited to be part of this renewed enthusiasm at this point in TPA’s
history. We look forward to making even more progress this quarter. If you have
comments or questions about any of our new endeavors, or would like to be a part of
the good things happening in TPA, please go to the website at
www.tnparalegal.org and contact me or one of the other board members, or call
me at (423) 785-8296.
I look forward to hearing from you!
Susan Veal, TPA President
CLA/CP Testing
Deadline to Register for the
December 1 thru 2, 2006
Exam is October 1, 2006
Local Testing Facility:
Southeastern Paralegal
Inst., Nashville
Cost:
$225 for NALA Members
$250 for non-members
REQUEST FROM THE
ADVOCATE TEAM
YOUR THOUGHTS ARE
IMPORTANT TO US AND THE
LIFE OF TPA
THE ADVOCATE IS ONE OF
OUR AVENUES &
RESOURCES FOR
NETWORKING AND KEEPING
INFORMED REGARDING OUR
PROFESSION AS THERE ARE
CONSTANT CHANGES IN LAW
WITH ETHICAL
CONSIDERATIONS
PLEASE LET US KNOW OF
ANYTHING THAT YOU
BELIEVE WOULD BE A
BENEFIT THAT CAN BE
INCLUDED IN OUR
PARALEGAL ADVOCATE
WE APPRECIATE YOUR
THOUGHTS IDEAS &
OPINIONS
LET THE PARALEGAL
ADVOCATE PROMOTE OUR
PROFESSION THROUGH YOU
First Vice-President Report
In the next month I plan on looking into several hotels in the Nashville area
to see what they have available and the price. My goal is to find the most
for the least amount of money. I have had a few suggestions for speakers
and topics which are greatly appreciated.
One suggestion that I would like to bring before the board is to bring back
something from the past, vendors. I believe that allowing vendors to attend
the seminar with the opportunity to have a booth will boost our revenue
and hopefully attendance. I would ask the board to vote on an amount they
feel is fair to charge. This needs to be decided at this meeting in order to
begin marketing this tool.
I would ask that anyone who has donations for the goody bags or ideas to
let me know so that I can begin to compile what I have.
Tracey A. Williams
First Vice-President
EAST TENNESSEE REGIONAL DIRECTOR
The Southeast Chapter continues as our strongest chapter and
remains active in their respective projects, including supporting the
Chattanooga Ronald McDonald House and ushering at the Chattanooga
Theatre Centre. Monthly meetings on the third Tuesday of each month are
continuing with approximately 20 attending each meeting.
The Hiwassee Chapter is currently on inactive status, although
several of its former members are considering joining the new East
Tennessee Chapter.
The “new” East Tennessee Chapter (“ETC”) is continuing to grow
due to active recruiting and a unique format. The format is drawing rave
reviews from members and guests alike. The ETC meets on the third
Thursday of each month with a business meeting at 6:00 p.m. and the
program at 6:30. The meetings are rotated between the West Knoxville
area and Oak Ridge, giving all members the opportunity to attend at a
convenient location. Every other meeting in each area features a hands-on
workshop as opposed to a speaker.
Attorney William Allen was the speaker at our June meeting in Oak
Ridge, addressing the Tennessee Consumer Protection Act.
Respectfully submitted,
Alisa Cathcart Pruett
Update on Draft Electronic Discovery Amendments to the Federal Rules of Civil Procedure
On September 20, 2006, the Judicial Conference submitted to the Supreme Court a package of changes to the Federal
Rules of Civil Procedure that address the discovery of electronically stored information. The Supreme Court will
report to Congress on May 1, 2006, and then Congress has six months to approve or deny the rules. The earliest these
proposed amendments can take effect is December 1, 2006.
The process to amend the rules began in 1999. In late 2004, the Committee on Rules of Practice and Procedure
submitted the rules for public comment. On June 15 – 16, 2005 the Committee approved the package of changes and
submitted the new rules and amendments to the Judicial Conference on July 25, 2005 for consideration at its
September 2005 session with recommendations that they be approved and transmitted to the Supreme Court.
Below is a summary of the newly proposed amendments.
 Rule 16(b)(5)& (6): Pretrial Conferences, Scheduling Management.
Under the proposed new rules, the scheduling order entered under this rule may now include provisions for
disclosure or discovery of electronically stored information and may now include any agreements the parties reach
for asserting claims of privilege or protection as trial-preparation material after production.
 Rule 26(a)(1)(B): General Provisions Governing Discovery; Duty of Disclosure; Required Disclosures; Methods to
Discover Additional Matter.
This rule would be amended to add that a party must, without awaiting a discovery request, provide to other parties
a copy of, or description by category and location of, electronically stored information.
 Rule 26(f)(3) & (4): General Provisions Governing Discovery; Duty of Disclosure; Conference of Parties; Planning
for Discovery.
This rule would be amended to require that when the parties confer pursuant to this rule they discuss any issues
relating to preserving discoverable information and any issues related to disclosure or discovery of electronically
stored information. This would include the form or forms in which electronically stored information should be
produced, and any issues relating to claims of privilege or protection as trial-preparation material. If the parties
agree on a procedure to assert such claims after production, the parties should discuss whether to ask the court to
include this agreement in an order.
 Form 35: Report Parties Planning Meeting.
The form would be amended to require inclusion of a brief description of the parties' proposals on handling the
disclosure or discovery of electronically stored information. It would also require inclusion of a brief description of
any provisions of a proposed order reflecting the agreement of the parties regarding claims of privilege or
protection as trial-preparation material asserted after production.
 Rule 26(b)(2)(B): General Provisions Governing Discovery; Duty of Disclosure; Discovery Scope and Limits;
Limitations.
The amendment to this rule would provide that a party need not provide discovery of electronically stored
information from sources that the party identifies as not reasonably accessible because of undue burden or cost. On
both a motion to compel discovery or for a protective order, the burden would be on the responding party to show
that the information is not reasonably accessible because of undue burden or cost. Even if that showing is made,
the court may nonetheless order discovery from that party if the requesting party shows good cause, considering
the limitations that are set forth in Rule 26(b)(2)(C) (i.e. whether the discovery sought is cumulative, burden of
expense outweighs the benefit, etc.). The court may also specify conditions for the discovery.
 Rule 26(b)(5)(B): General Provisions Governing Discovery; Duty of Disclosure; Discovery Scope and Limits;
Claims of Privilege or Protection of Trial Preparation Materials; Information Produced.
This rule would be amended to provide that if information is produced in discovery that is subject to a claim of
privilege or protection as trial-preparation material, the party making the claim may notify any party that received
the information of the claim and the basis for it. After being notified, a party would be required to promptly return,
sequester, or destroy the specified information and any copies it has and would not be able to use or disclose the
information until the claim is resolved. A receiving party could promptly present the information to the court under
seal for a determination of the claim. If the receiving party disclosed the information before being notified, it
would be required to take reasonable steps to retrieve it. The producing party would be required to preserve the
information until the claim is resolved.
 Rule 33(d): Interrogatories to Parties; Option to Produce Business Records.
This rule would be amended to provide that where the answer to an interrogatory may be derived from
electronically stored information, and the burden of deriving the answer is substantially the same for the
responding party and the requesting party, it is a sufficient answer to the interrogatory to specify the records from
which the answer may be derived or ascertained. The responding party would be required to allow the requesting
party reasonable opportunity to examine, audit of inspect such records and make copies, compilations, abstracts or
summaries.
 Rule 34(a) & (b): Production of Documents, Electronically Stored Information, and Things and Entry Upon Land
for Inspection and other Purposes; Procedure.
This rule would be amended to provide that any party may serve on any other party a request to produce
electronically stored information. The rule would also permit the party making the request to inspect, copy, test or
sample electronically stored information stored in any medium from which information can be obtained -
translated if necessary by the responding party into a reasonably usable form. The rule would be amended to
provide that the request may specify the form or forms in which electronically stored information is to be
produced. The producing party may object to the requested form or forms for producing electronically stored
information stating the reason for the objection. If an objection is made to the form or forms for producing
electronically stored information - or no form was made in the request - the responding party would be required to
state the form or forms it intends to use. If a request does not specify the form or forms for producing
electronically stored information, a responding party must produce the information in a form or forms in which it
is ordinarily maintained or in a form or forms that are reasonably usable. A party need not produce the same
electronically stored information in more than one form.
 Rule 37(f): Failure to Make Disclosures of Cooperate in Discovery Sanctions; Electronically Stored Information.
This section of Rule 37 would be added to provide that absent exceptional circumstances, a court may not impose
sanctions under the rules on a party for failing to provide electronically stored information lost as a result of the
routine, good faith operation of an electronic information system.
 Rule 45 Subpoena; Form; Issuance.
This rule would be amended to add that a subpoena shall command each person to whom it is directed to attend
and give testimony or to produce and permit inspection, copying, testing, or sampling of among other things,
electronically stored information. In addition, a subpoena may specify the form or forms in which electronically
stored information is to be produced. Under the amendment, subpoenas may be served to not only inspect
materials but to copy, test or sample those materials. Similarly to Rule 34, if a subpoena did not specify the form
or forms for producing electronically stored information, a responding party would be required to produce the
information in a form or forms in which it is ordinarily maintained or in a form or forms that are reasonably
usable; and a party need not produce the same electronically stored information in more than one form. As in Rule
26(b)(2)(B), a party need not provide discovery of electronically stored information from sources that the party
identifies as not reasonably accessible because of undue burden or cost. On both a motion to compel discovery or
for a protective order, the burden would be on the responding party to show that the information is not reasonably
accessible because of undue burden or cost. Even if that showing is made, the court may nonetheless order
discovery from that party if the requesting party shows good cause, considering the limitations that are set forth in
Rule 26(b)(2)(C) (i.e. whether the discovery sought is cumulative, burden of expense outweighs the benefit, etc.).
The court may also specify conditions for the discovery. Similarly to Rule 26(b)(5)(B), if information is produced
in response to a subpoena that is subject to a claim of privilege or protection as trial-preparation material, the party
making the claim may notify any party that received the information of the claim and the basis for it. After being
notified a party would be required to promptly return, sequester, or destroy the specified information and any
copies it has and may not use or disclose this information until the claim is resolved.
For more information please visit www.uscourts.gov.
SUMMARY OF JANUARY 7, 2006 BOARD MEETING
The 2006 Winter Meeting of the Tennessee Paralegal Association was held at The Merchant Restaurant in Nashville,
Tennessee. Members in attendance were: President Susan Veal; Second Vice President Peggy S. Bates; Treasurer
Phyllis A. Carter, CTFA; Secretary Tammie C. Murphy, CLA; NALA Liaison Caleeta L. Beagles; Parliamentarian
Rosemary H. Williams, CLAS; West Tennessee Regional Director; LaFran Plunk; Southeast Chapter Chairperson
Louise C. Mulderink, CLA; West Tennessee Chairperson Jennifer Petty and Susan Westmoreland.
Treasurer Phyllis Carter reported that the current balance in the checking account was $3,330.03 and in the savings
account was $2,807.18 as of December 31, 2005.
Rosemary Williams suggested that the audit committee be made up of people from the firm of Shumacker Witt Gaither
& Whitaker as long as Ms. Carter is treasurer since both she and Phyllis work in the same building. The Board
discussed forming an audit committee.
Ms. Carter passed out the 2006 Membership Roster which includes all applications received by TPA in 2005. The total
number of paid members is actually more members than was anticipated but no new budget is necessary.
Chapter Reports
West Tennessee – Ms. Petty reported that their chapter had begun planning for the Spring Seminar. The Board briefly
discussed dates for the Seminar, i.e., approximately the last March or the first of April. Ms. Petty will email the
Seminar date to the board members. Ms. Petty expressed her support of the newly formed East Tennessee Chapter and
offered her chapter’s assistance to the chapter.
Southeast -- Ms. Mulderink reported that the chapter had a great turnout for their November, 2005 meeting when they
elected new officers for 2006. In December, Ms. Mulderink’s husband made gingerbread houses and members
decorated the houses and handed them out as gifts to charities. Pictures of the chapter’s new members were taken and
for The Paralegal Advocate.
East Tennessee – Chairperson Tracey Williams was not in attendance but emailed her report to the Board. Members
of the Roane Regional Chapter and the remaining members of the Knoxville Chapter merged to form the East
Tennessee Chapter of the TPA and met for the first time at the home of Alisa Pruett where they voted for officers for
the upcoming year. President Susan Veal also attended. The Knoxville Bar Association contacted the Chapter about
participating in its Legal Tech Expo in April.
NALA Liaison Report -- Former NALA Liaison for TPA Cathy Hulsey sent a report listing the new officers to
NALA immediately after the November Membership Meeting.
New Business
Ms. Mulderink passed out three proposed new TPA logos. After the Board discussed the logos, it was decided that Ms.
Mulderink will make the proposed changes and email the Board members the revised logos for review and approval.
The Board discussed whether to list our post office box on the letterhead and decided against it as the address is
subject to change on occasion. The Board decided to use red, white and blue as our new primary colors.
Ms. Veal reported she will email to the board the text she drafted for updated brochures. Ms. Beagles suggested putting
pictures in the brochure. The board felt people will be more likely to read it if it includes pictures rather than simply
blocks of text.
Ms. Veal reported she was working on a draft mission statement and will email it to the Board and invite them to make
suggestions.
Ms. Mulderink reported we now have access to the website and she is continuing her work on revising it. Ms. Williams
suggested that we set up a web page committee. Ms. Mulderink, Ms. Petty and Ms. Williams volunteered to be part of
the committee.
Ms. Carter revised and updated TPA’s membership applications and emailed the new applications to the board to
review and approved. Except for one minor typographical change, the new application was approved. Ms. Bates will
send out packets to new members as soon as the new letterhead is ready. The board briefly discussed asking law firms
to be associates or sustaining members of TPA.
Ms. Beagles suggested raising our dues but the Board decided to table this issue and Rosemary Williams was formally
named as our new Parliamentarian.
Ms. Veal is temporarily overseeing the publication of The Paralegal Advocate with the assistance of Southeast Chapter
member Laysha McCullaugh. The board discussed selling ads in the Advocate. We will include NALA courses and
CLE information in the Advocate.
Ms. Mulderink and Ms. Petty will review the Rules of Procedure. Ms. Beagles and Ms. Williams will be on the bylaw
committee. The board discussed the need to add language to the bylaws that will cover the Chapter-State Association
relationship and to include scholarship and webmaster duties in the bylaws. Ms. Carter suggested including language
regarding use of technology (e.g., fax and email) in conducting TPA business, since these things were not considered
at the time the latest version of the bylaws were adopted.
Southeast Chapter 2nd
QUARTER REPORT
The SE Chapter has had a very progressive second Quarter!
Chattanooga and Hamilton County is in the midst of an election year and
SETPA has been proud to host many of the judicial candidates as
speakers. Attendance at our monthly meetings continues to grow and
our membership continues to be energized about the newest TPA
developments as well as looking forward to the reports from our
upcoming NALA Convention. We continue our support of the Ronald
McDonald House of Chattanooga and the Chattanooga Theatre Centre
and are looking forward to our Annual Fall Seminar. Jane Ledbetter & Susan Veal
with Mayor Littlefield
Respectfully submitted: Dinner at the Mount Vernon
March 21, 2006
Louise C. Mulderink, CP Southeast Chapter Chair
The Tennessee Paralegal Association History: Our First Five Years
In celebration of our 25+ years and as a tribute to our founding members, we will be printing in this and upcoming
issues portions of a history prepared by founding member, Lawassa Jones. We lost Lawassa to cancer in 1995,
but the history she prepared through 1990 will be with us forever. Historian and co-founding member, Susan
Westmoreland, has been updating Lawassa’s work to bring us through to 2005 and we will print her updates in
future issues.
During the summer of 1980 four Chattanooga paralegals – Pat Davis, Connie Hixson, Lawassa Jones
and Susan Westmoreland – met for lunch and discussed the need for a professional association. They decided
to organize a paralegal association. They agreed that it would be wise to have the organizational documents
prepared before calling an organizational meeting, so they appointed Lawassa, the corporate and business
paralegal, to draft the documents.
The charter of East Tennessee Paralegal Association was filed on September 1, 1980. The organizers
decided from the beginning to affiliate with the National Association of Legal Assistants, Inc. as soon as feasible.
All provisions which NALA requires of affiliates were included in the bylaws, which were completed in the fall.
The organizational meeting was held on November 13, 1980. At this meeting the new members of the
association elected officers, set annual dues, elected a fiscal year - - January 1 – December 31 - - and
authorized the president to affiliate with the National Association of Legal Assistants, Inc. Because of time
constraints some business, including the adoption of the bylaws, was deferred to the following meeting. With the
adoption of Bylaws and the election of directors in December, the new paralegal association was fully organized
and ready to begin an exciting new year. Hamilton County Circuit Court Judge Samuel H. Payne installed the
new officers on January 13, 1981.
Early meetings of ETPA were held at the Tick-Tock Restaurant in East Ridge, a suburb of Chattanooga,
because the restaurant manager was willing to provide a meeting room for a small group. Most restaurants in the
Chattanooga area required a minimum of twenty people. It would be months before the association had twenty
members; even then all members didn’t attend every meeting. The officers and members of ETPA appreciated
the consideration of the Tick-Tock’s management.
At that time NALA required that ten members of an affiliating association sign the Application for
Affiliation. This was signed in December. Jeri Bryce, CLA, the NALA parliamentarian, granted provisional
approval on Dec. 31, 1980. Approval for affiliation was granted by NALA’s full board at its spring meeting on
March 7, 1981.
The primary emphasis that first year was on attracting members. However, other accomplishments
established ETPA as a solid professional association. At the monthly meeting in February, the president
appointed a Logo Committee - - Connie Hixson and Pat Davis. At this meeting the members decided that chapter
stationery should be buff with black lettering. In March, fees of $50.00 per year for sustaining members were set,
Harold Rohen suggested membership certificates and the members voted to participate in Law Day, which was
to be held on May 1 in Miller Park. Jeannie Farmer was appointed chairperson of Law Day Committee. She set
up a booth in the park which gave East Tennessee Paralegal Association an opportunity to promote the
paralegal profession.
In April Pat Davis was elected liaison to the Chattanooga Bar Association’s Committee for Continuing
Education and the president asked for an ETPA newsletter. In June we received an exemption letter dated June
9, 1981 from the Internal Revenue Service. The organization is expempt under Section 501 (C) (6) of the Internal
Revenue Code. We are a business league.
East Tennessee Paralegal Association was a bit poor at first, but we received some help. The law firm
Stophel, Caldwell & Heggie, P.C. contributed $200 to the association. In July we sent our first NALA Liaison,
Connie Hixson, to NALA’s annual meeting and workshops, but she had to pay her own expenses. It was months
before the association had sufficient funds to repay her.
Connie returned very excited about State paralegal associations and suggested that we change our
name to Tennessee Paralegal Association and expand our efforts statewide. At the meeting on August 11,
1981 the members authorized a Charter Amendment changing the name. The charter amendment was filed on
August 18, 1981 and the Logo Committee scrapped its ETPA designs and started over. It was necessary to
purchase new stationery with the name Tennessee Paralegal Association. At this time the association’s colors,
buff and brown, were chosen. Several paralegals in Nashville and Knoxville responded to our invitation to joint
TPA.
In August the president appointed Doris Peak to head a committee to draft Standing Rule, later more
appropriately renamed Rules of Procedure. At this time also members decided that an initiation fee be assessed
once when paralegals join the association. In October the newsletter was named THE PARALEGAL
ADVOCATE (Linda Rossmaier’s suggestion). The first issue was published in the fall. Pat Davis served as the
first editor. Debbie Lowe, an employee of Miller & Martin, produced the newsletter. TPA members were justifiably
proud of Volume I, Issue 1.
On Nov. 21, 1981 TPA held its first annual meeting and seminar. More than fifty people, including some
lawyers, attended the “free legal seminar.” The four speakers present an excellent program and TPA members
and officers received numerous compliments from those in attendance. Attendance at TPA’s first annual meeting
was 100%. On Dec. 8, 1981 Judge Ted Milburn installed officers for 1982.
In 1982 TPA began holding quarterly meetings and seminars in various location around the state. It was
decided that no meetings or seminars would ever be cancelled because of an expected low attendance - - that all
programs would proceed as scheduled.
The first quarterly meeting of 1982 was held on March 20 at the University of Tennessee at Chattanooga.
At this meeting the members and governing board adopted the TPA logo, membership certificates and Standing
Rules. At the second quarterly meeting, held on June 12 at Music City Rodeway Inn, TPA members adopted
membership cards and approved the new membership application form.
The third quarterly meeting of 1982 was held at the Red Bank Lions Club on September 25. The primary
business of this meeting was planning the annual seminar and discussing ways of acknowledging persons who
had made significant contributions to TPA. The registration fee for the seminar was set at $25 for members and
$35 for all others, with a $5 discount for early registration. For the first time, Declarations of Candidacy were sent
to members. Members were requested to declare for office by Oct. 15.
At a banquet held on Nov. 12, 1982 the president presented plaques to the following people in
appreciation of their assistance to TPA: J. Inmann Kidd, who donated the membership certificates; David
Robinson, who printed the membership certificates; Stephanie Birchfield, who designed the membership application
forms; Terrell Swafford, who designed the TPA logo; Debbie Lowe, who produced the newsletter; and John
Sotphel, for his assistance with The Paralegal Advocate.
The members elected new officers who were installed by Judge Earle G. Murphy. At this time TPA, which
had started with six members, had 28 active members, one student member, three associate members and two
sustaining members.
On June 24, 1983 TPA assisted in the swearing-in ceremony of Honorable Ted H. Milburn, U.S. District
Judge for the Eastern District of Tennessee, Southern Division. TPA provided paper plates, cups and napkins
and assisted in serving at his reception.
At the quarterly meeting on June 25, 1983, held at Holiday Inn North in Cleveland, the president
appointed a committee to check into the cost of purchasing TPA pins.
TPA member Susan Westmoreland, a Qualified Plans Legal Assistant with Buhrman & Speed, P.C.,
Chattanooga, was recognized in the July-August 1983 issue of FACTS AND FINDINGS, NALA’s official
publication. NALA recognized Susan for earning the designation Certified Employee Benefits Specialist after
completing the ten-course CEBS program given by the International Foundation of Employee Benefit Plans and
the Wharton School of the University of Pennsylvania.
The 1983 annual meeting and seminar were held on November 18 and 19 at the Nashville Marriott Hotel.
These were announced by our first printed brochure - - printed in brown ink on buff paper. At the annual meeting
on November 18 the members elected new officers and authorized the purchase of napkins with the TPA logo for
use at receptions and special occasions. At this meeting also, the members discussed printing a membership
directory. Our budget wouldn’t yet cover membership pins.
In December 1983 we published our first printed newsletter, including pictures. We used black ink on buff
paper (Actually, it looks cream to me, but printers claim it is buff) because the printer told us black is better for
pictures. She forgot this sometime later, perhaps after she had printed a number of seminar brochures and
stationery for us, and started printing the newsletters with brown ink. They still looked pretty good. In 1983 when
we began printing the newsletters, Carol Carter and Lawassa Jones were the editors. They continued to edit the
newsletter through 1986 when Ann Burns assumed editorial duties. The present editor is Susan Veal who has
served since 1989.
Throughout 1984, president Evelyn Caylor kept in touch with the members with monthly letters telling us
what was happening. At the meeting held on March 24, 1984 TPA members authorized a reduction in the
membership fee for members of established legal assistant associations who join TPA en masse. The members
also authorized an amendment to the membership application form, subject to NALA approval, which added
membership eligibility to legal assistants employed by banks, corporations and government agencies and added
educators and accountants to the professionals eligible for associate membership.
Following the June 1984 seminar we were invited to the lovely home of Mr. and Mrs. John Poteet for
lunch and our quarterly meeting. Lunch was a delicious meal which Beth Dalton and her mother, Mrs. Poteet,
prepared. This still ranks as the best meal we have been served by anyone at any meeting or seminar.
In our September 1984 our regular membership reached 50. At TPA’s quarterly meeting held on
September 15 in Jackson, committees were appointed to develop TPA brochure and a notebook outlining
officers’ duties. Also, at this meeting the members discussed a misunderstanding which had arisen regarding
TPA’s stand on paralegal certification. Some paralegals who were not members had gotten that the impression
that TPA actively supported state certification of paralegals. Because of this misunderstanding, a formal policy
was adopted. The policy is “Tennessee Paralegal Association does not support mandatory certification of
paralegals at this time.” This policy is still in effect.
The 1984 annual meeting was held in a railroad car on November 17 at the Choo Choo Hilton in
Chattanooga, Major actions taken at this meeting were the amendment of bylaws and the election of officers for
1985. Alice W. Penney, CLA, first vice president of NALA, graced us with her presence.
The year 1985 got off to a hot start - - literally. A fire in the basement of the Holiday Inn on Briley Parkway
in Nashville forced evacuation of the hotel minutes before TPA’s spring seminar was scheduled to begin on April
20. However, the seminar and meeting proceeded - - not quite on schedule. At this first meeting of 1985
President Collette Jones requested Carol Carter to check into the cost of printing a membership directory.
In June 1985 Bettie Taylor resigned as president elect because of personal obligations. In August
Collette Jones resigned as president to go to law school. Doris Peak, First Vice President, assumed the office of
President for the remainder of the year.
At the 1985 annual meeting, held on November 22 at Baudo’s restaurant in Jackson, the members
elected both a president and a president elect. They also voted to increase membership dues - - for the first time.
The members agreed that four seminars each year were too much, so they voted to hold only one seminar each
year thereafter - - to consist of ten hours of education in order to meet NALA’s requirements, to be held on the
first weekend in November. Check signing authority was also changed. The association had previously required
the signatures of both president and treasurer upon all checks. However, the rules were changed to allow either
of these officers to sign. It was decided that the treasurer, who keeps the books, would be bonded. Two NALA
representatives were guests at this meeting. They were Debra K. Vinduska, CLA, Affiliated Associations
Chairman, and Jeannie O’Neill, CLA, Region III Director. Following the meeting, Albert Merkel, President of the
Jackson/Madison County Bar Association, installed the officers for 1986.
Breaking the Code
by Janabeth F. Taylor, R.N., R.N.C.
Every day we are faced with a “code” of some sort, no matter what area of law we work in. It may be a special abbreviation used to
denote an expert’s credentials, or shorthand for an engineering term. Or even a specialized term we can not find defined in a
traditional dictionary. It may be a shortened spelling of a word, an abbreviation. Or, it may be an acronym.
An acronym is a kind of abbreviation. The word comes from Greek, meaning heads of names. Acronyms are usually made from the
capitalized initials of the words it represents, for example FBI is an acronym for the Federal Bureau of Investigation.
Occasionally, for special reasons, the second letter of a word is used, as in XML (eXtensible Markup Language). Sometimes more
than one letter is included for a word, to avoid ambiguity or because they form an existing abbreviation, as in SACEUR (Supreme
Allied Commander, Europe)
Contrary to what some sources say, acronyms do not have to be pronounceable words (for example FBI is spelled out when
spoken, whereas NASA is not). Some sources use the word initialism to refer to the spelled acronyms.
The medical and billing records of the client are filled with specialized abbreviations and acronyms that may provide crucial
information related to the client’s claim. Even data reports referencing chemicals, specialized tests, and laboratory results come in
“code”
What is one to do when faced with the challenge of the “code”? There are various resources available on the internet with more
arriving daily. I have made an attempt to summarize some of the various resources available.
If you are not able to “crack” the “code”, it is advised you ask the entity providing the data where the “code” is found with a key or list
of approved codes to enable you to clearly translate the document.
Be aware that some abbreviations are regional, with differing abbreviations actually meaning the same thing. For example in
medicine TKO and KVO mean the same thing, to run an IV at a rate that is just fast enough to overcome vascular resistance and
keep the vein open (TKO = to keep open, KVO = keep vein open)
Below are various sites available to assist in “breaking the code”
Part One - Medical Abbreviations - Acronyms - General
1) International Medical Abbreviations:
http://www.wyeth.co.uk/resources/m.htm
2) General Medical Abbreviations Look up:
a) http://www.wyeth.co.uk/
b) Use the medical dictionary to look up the meaning of common medical terms, abbreviations, and medical names.
This dictionary includes terms from diseases, symptoms, treatments, diagnostic tests, and many other medical
terms.
http://www.wrongdiagnosis.com/lists/dictaz.htm
c) Medical Malpractice Terminology/Dictionary
http://www.wrongdiagnosis.com/malpractice/dictionary.htm
d) List of Medical Acronyms and Abbreviation
http://www.wrongdiagnosis.com/lists/acronymns.htm
3) Pathology Abbreviation Look up:
Pathologists use lots of abbreviations and acronyms. An acronym is an abbreviation of a phrase, where each letter of the acronym
is added consecutively from the first letter of each of the words of the phrase. An abbreviation is a shortened form of a text-string,
and all acronyms are types of abbreviations. The following is a list of over 12,000 abbreviations used in medicine
http://www.euspirit.org/en/upload/984528174.37955/abbtwo.htm
4) JACHO/ Institute for Safe Medication Practices - Listing of dangerous and prohibited abbreviations
a) By the end of 2004, JCAHO expected full compliance in all handwritten, print, and electronic media documents
related to these dangerous abbreviations. Further details are available on the JCAHO Web site:
http://www.jointcommission.org/NewsRoom/NewsReleases/nr_012506.htm
b) In addition, the Institute for Safe Medication Practices (ISMP) has published a list of dangerous abbreviations
relating to medication use that it recommends should be explicitly prohibited. It is available on the ISMP Web site:
http://www.ismp.org/Tools/errorproneabbreviations.pdf
5) Acronym Glossary - Medical & Professional Degrees & Credentials
http://www.sandiegobizmart.com/tools/t3_acronym_glossary.htm
6) Nursing Credentials/Acronyms
AAS: Associates’ Degree Applied Science
ACNP: Acute Care Nurse Practitioner
ACLS: Advanced Cardiac Life Support
ACRN: AIDS Certified Registered Nurse
ANP: Adult Nurse Practitioner
AOCN: Advanced Oncology Certified Nurse
APN: Advanced Practice Nurse
ARNP: Advanced Registered Nurse Practitioner
ASN: Associates’ Degree in Nursing
BC: Board Certified
BCLS; BLS: Basic Cardiac Life Support
C: C - connotes certification in a specialty area by the American Nurses’ Credentialing Center in one of several generalist
and specialist practice areas.
C-SPI: Certified Specialist in Poison Information
CANP: Certified Adult Nurse Practitioner
CAPA: Certified Ambulatory Perianesthesia Nurse
CARN: Certified Addictions Registered Nurse
CARN-AP: Certified Addictions Registered Nurse--Advanced Practice
CCCN: Certified Continence Care Nurse
CCM: Certified Case Manager
CCNS: Certified Clinical Nurse Specialist
CCRN: Certified Critical Care Registered Nurse
CDDN: Certified Developmental Disabilities Nurse
CDE: Certified Diabetes Educator
CDMS: Certified Disability Management Specialist
CDN: Certified Dialysis Nurse
CDONA/LTC: Certified Director of Nursing Administration in Long-Term Care
CEN: Certified Emergency Nurse
CFRN: Certified Flight Registered Nurse
CGA: Certified Gastroenterology Associate
CGN: Certified Gastroenterology Nurse
CGRN: Certified Gastroenterology Registered Nurse
CGT: Certified Gastroenterology Technician
CHN: Certified Hemodialysis Nurse
CHPN: Certified Hospice and Palliative Nurse
CHRN: Certified Hyperbaric Registered Nurse
CHT: Certified Hemodialysis Technician
CIC: Certified in Infection Control
CLNC: Certified Legal Nurse Consultant
CM: Certified Midwife
CMCN: Certified Managed Care Nurse
CMDSC: Certified MDS Coordinator
CNA: Certified Nursing Assistant
CNA: Certified in Nursing Administration
CNA-A: Certified Nursing Assistant--Advanced
CNAA: Certified in Nursing Administration, Advanced
CNLCP: Certified Nurse Life Care Planner
CNM: Certified Nurse-Midwife
CNN: Certified Nephrology Nurse
CNNP: Certified Neonatal Nurse Practitioner
CNOR: Certified Nurse, Operating Room
CNRN: Certified Neuroscience Registered Nurse
CNS: Clinical Nurse Specialist
CNSN: Certified Nutrition Support Nurse
COCN: Certified Ostomy Care Nurse
COHN: Certified Occupational Health Nurse
COHN-S: Certified Occupational Health Nurse--Specialist
COHN-S/CM: Certified Occupational Health Nurse--Specialist/Case Manager
COHN/CM: Certified Occupational Health Nurse/Case Manager
CORLN: Certified Otorhinolaryngology and Head/Neck Nurse
CPAN: Certified Postanesthesia Nurse
CPDN: Certified Peritoneal Dialysis Nurse
CPHQ: Certified Professional in Health Care Quality
CPN: Certified Pediatric Nurse
CPNA: Certified Pediatric Nurse Associate
CPNL: Certified Practical Nurse--Long-Term Care
CPNP: Certified Pediatric Nurse Practitioner
CPON: Certified Pediatric Oncology Nurse
CPSN: Certified Plastic Surgical Nurse
CRN: Certified Radiologic Nurse
CRNA: Certified Registered Nurse Anesthetist
CRNFA: Certified Registered Nurse, First Assistant
CRNI: Certified Registered Nurse Infusion
CRNL: Certified Registered Nurse--Long-Term Care
CRNO: Certified Registered Nurse in Ophthalmology
CRNP: Certified Registered Nurse Practitioner
CRRN: Certified Rehabilitation Registered Nurse
CRRN-A: Certified Rehabilitation Registered Nurse--Advanced
CTN: Certified Transcultural Nurse
CUA: Certified Urologic Associate
CUCNS: Certified Urologic Clinical Nurse Specialist
CUNP: Certified Urologic Nurse Practitioner
CURN: Certified Urologic Registered Nurse
CVN: Certified Vascular Nurse
CWCN: Certified Wound Care Nurse
CWOCN: Certified Wound, Ostomy, and Continence Nurse
DNC: Dermatology Nurse Certified
DNS: Doctorate, Nursing Science
ENPC: Emergency Nursing Pediatric Course
ET: Enterostomal Therapist (Now Wound, Ostomy, Continence Nurse)
FAAN: Fellow, American Academy of Nursing
FAAPM: Fellow, American Academy of Pain Management
FCCM: Fellow, American College of Critical Care Medicine
FNC: Family Nurse Clinician
FNP: Family Nurse Practitioner
FPNP: Family Planning Nurse Practitioner
FRCNA: Fellow, Royal College of Nursing, Australia
GNP: Gerontological Nurse Practitioner
GPN: General Pediatric Nurse
HHA: Home Health Aide
IBCLC: International Board Certified Lactation Consultant
L.Ac.: Licensed Acupuncturist
LCCE: Lamaze Certified Childbirth Educator
LNC: Legal Nurse Consultant
LNCC: Legal Nurse Consultant Certified
LPN: Licensed Practical Nurse
LSN: Licensed School Nurse (In Minnesota)
LVN: Licensed Vocational Nurse
MICN: Mobile Intensive Care Nurse
MN: Masters’ Degree in Nursing
MSN: Masters’ Degree in Nursing
NCSN: National Certified School Nurse
NICN: Neonatal Intensive Care Nursing
NNP: Neonatal Nurse Practitioner
NP: Nurse Practitioner
NP-C: Nurse Practitioner, Certified
NPP: Psychiatric Nurse Practitioner
OCN: Oncology Certified Nurse
OGNP: Obstetric/Gynecology Nurse Practitioner
ONC: Orthopaedic Nurse Certified
PHN: Public Health Nurse
PMHNP: Psychiatric Mental Health Nurse Practitioner
PNP: Pediatric Nurse Practitioner
RN: Registered Nurse
RN,C: Registered Nurse, Certified
RN,CS: Registered Nurse, Certified (Clinical) Specialist
TNCC: Trauma Nursing Course Certified
TNS: Trauma Nurse Specialist
WHNP: Women’s Health Care Nurse Practitioner
WOCN: Wound, Ostomy, Continence Nurse
7) Dictionary of Initials, Acronyms, and Abbreviations Used by Counselors and Social Workers
http://www.counselingseattle.com/initials.htm
8) Abbreviations - International Federation of Medical Students Association - http://www.ifmsa.org/about/abbreviations.php
9) Stanford School of Medicine - Department of Medicine Resource Guide - Abbreviation Resource
http://ostinato.stanford.edu/acronyms/alpha.asp?F
10) Abbreviations used in documentation for those with diabetes - http://www.diabetesmonitor.com/r03.htm
11) Medical and Pharmaceutical Spell Checker - Check the spelling of words online, also
includes a link to look up medical abbreviations
http://spellex.com/speller.htm
12) Abbreviations commonly used in writing prescriptions:
a.c. before meals (Latin: ante cibum)
b.i.d. twice daily (Latin: bis in die)
b.i.n. twice nightly (Latin: bis in noctus )
c with (Latin: cum)
cap capsule (Latin: capsula)
d day (Latin: dies)
daw Dispense as written, no substitutions
gtt drop (Latin: gutta)
h.s. bedtime (Latin: hora somni)
noxt at night
O.D. Right eye (Latin: oculus dexter)
O.S. Left eye (Latin: oculus sinister)
O.U. Each eye (Latin: oculus uterque)
p.c. After meals (Latin: post cibum)
pil Pill (Latin: pilula)
p.o. By mouth (Latin: per os)
p.r.n. As needed (Latin: pro re nata)
q.d. Every day (Latin: quaque die)
q.h. Every hour (Latin: quaque hora)
q.2h. Every two hours (Latin: quaque secunda hora)
q.3h. Every three hours (Latin: quaque tertia hora)
q.4h. Every four hours (Latin: quaque quarta hora)
q.q.h. Every four hours (Latin: quaque quarta hora)
q.6h. Every six hours (Latin: quaque sex hora)
q.8h. Every eight hours (Latin: quaque octa hora)
q.i.d. Four times per day (Latin: quater in die)
q.s. As much as is required (Latin: quantum sufficit)
s. Without (Latin: sine)
s.o.s. If necessary (Latin: semis)
ss Half (Latin: sine)
t.d.s To be taken three times daily (Latin: ter die sumendum)
t.i.d. Three times a day (Latin: ter in die)
t.i.n. Three times a night (Latin: ter in nocte)
ut. dict. As directed (Latin: ut dictum)
13) Acronyms Frequently Used in Special/Gifted Education
This list is not comprehensive; it is intended as a quick reference.
http://ericec.org/fact/acronyms.html
14) Dictionary for Parents of Children with Disabilities - Download from this site:
http://www.usd.edu/cd/publications/dictionary.cfm
15) Acronyms in the Helping Professions
Here is a helpful list of some of the more common abbreviations and acronyms. The designations are broken down into several
categories for your convenience. Many professionals will list both a license and a national certification. For example, a professional
counselor may place both LPC (for Licensed Professional Counselor) and NCC (for Nationally Certified Counselor) after his/her
name and degree.
http://www.encouragementplus.com/acronyms.html
16) Physical Therapy Acronyms and Abbreviations
http://physicaltherapy.about.com/od/abbreviationsandterms/a/PTabbreviations.htm
17) Various Departments of Disabilities, Aging and Independent Living - these agencies use a number of acronyms and
abbreviations to describe its services and programs. The following list from the Department of Disabilities-Vermont includes some of
the more common
http://www.dad.state.vt.us/DSwebsite/facts/acronyms.html
And this listing is from the U.S. Department of Health and Human Services - http://aspe.hhs.gov/daltcp/acronym.shtml
Acronyms in Aging - AARP - This guide, published in 2005, identifies acronyms commonly used in the field of aging and provides
brief descriptions of the entities to which they refer. The downloadable guide is found here:
http://www.aarp.org/research/reference/agingtrends/aresearch-import-881.html
Part Two: Medical Diagnosis/Code- Acronym Look Up
1) ICD-9 codes
(Think of it as “Diagnosis” Code)
http://www.cdc.gov/nchs/icd9.htm
The International Classification of Diseases (ICD) is the classification used to code and classify mortality data from death
certificates.
The International Classification of Diseases, Clinical Modification (ICD-9-CM) is used to code and classify morbidity data from
the inpatient and outpatient records, physician offices, and most National Center for Health Statistics (NCHS) surveys.
2) CPT Codes -Current Procedural Terminology
(Think of it as “Procedure Code” upon which reimbursement is determined)
https://catalog.ama-assn.org/Catalog/cpt/cpt_search.jsp?checkXwho=done
CPT Codes describe medical or psychiatric procedures performed by physicians and other health providers. The codes were
developed by the Health Care Financing Administration (HCFA) to assist in the assignment of reimbursement amounts to providers
by Medicare carriers. A growing number of managed care and other insurance companies, however, base their reimbursements on
the values established by HCFA.
Since the early 1970s, HCFA has asked the American Medical Association (AMA) to work with physicians of every specialty to
determine appropriate definitions for the codes and to try to determine accurate reimbursement amounts for each code. Two
committees within AMA work on these issues: the CPT Committee, which updates the definitions of the codes, and the RUC
(Relative Value Update Committee), which recommends reimbursement values to HCFA based on data collected by medical
societies on the going rate of services described in the codes.
3) Medicare Unique Physician Identification Numbers (UPIN) - UPIN is a six-position alphanumeric identifier that is assigned to
all Medicare physicians, medical groups and non-physician practitioners
UPIN are assigned as follows:
1. Physicians (Medical Doctors) begin with A - M
2. Limited License Practitioners, e.g., Chiropractors, Dentist, etc, begin with T - V
3. Non-Physician Practitioners, e.g., Anesthesia Assistants, Physician Assistants, Clinical Nurse Practitioners, etc, are
assigned P –S
4. Group Entities, e.g., Ambulance, Independent Physiological Lab, etc, are assigned W – Y
5. See below for the applicable Credential Codes:
AA = Anesthesia Assistant
AMB = Ambulance Service Supplier
ASC = Ambulatory Surgical Center
AU = Audiologist
CH = Chiropractor
CNA = Certified Nurse Anesthetist
CNM = Certified Nurse Midwife
CNS = Certified Clinical Nurse Specialist
CP = Clinical Psychologist
CSW = Clinical Social Worker
DDM = Doctor of Dental Medicine
DDS = Doctor of Dental Surgery
DO = Doctor of Osteopathy
DPM = Podiatrist
FNP = Family Nurse Practitioner
GRP = Group
IDF = Independent Diagnostic Facility
IPL = Independent Physiological Lab
LAB = Laboratory
MD = Medical Doctor
MSC = Mammography Screening Center
NP = Nurse Practitioner
OD = Doctor of Optometry
OT = Occupational Therapist
PA = Physician Assistant
PHS = Public Health Service
PSY = Psychologist
PT = Physical Therapist
PXS = Portable XRay Supplier
RNA = Certified Registered Nurse
4) Code Modifiers for Alternative Medicine - ABC codes and terminology are maintained and developed annually as consumers,
individual practitioners, practitioner associations and other health industry organizations submit code requests that reflect current
practices in alternative medicine, nursing and integrative healthcare. This is an attempt to fill in the “gaps” left from other coding, and
is done to support research and compile data by practioner type. These include treatment by massage therapists, acupuncturists,
etc. These may not be seen in traditional billing records, but may be referenced in charting or other records obtained from non-
traditional medical sources
http://www.alternativelink.com/ali/abc_codes/code_mode.asp
Part Three: General References
1) General Acronym Look Up
This is a neat tool for when you need to know what a special Acronym means. What is great about this electric dictionary is it
returns a list of appropriate matches, BUT lets you further sort by categories such as : Most common (default), information
technology, military/government, science/medicine, organizations, slang/chat, etc.
http://www.acronymfinder.com/
2) Abbreviationz (from a-z on the net) - Search or browse more than 305,000 abbreviations or acronyms. You can create and
maintain your own list of terms.
http://www.stands4.com/
3) Acronyma- Database of more than 460,000 acronyms and abbreviations. Results can be displayed alphabetically or according
to “importance”. Also can search in several languages
http://www.acronyma.com/
4) The WorldWideWeb Acronym and Abbreviation Server - This site has acronyms and their expansions.
http://silmaril.ie/cgi-bin/uncgi/acronyms
5) Investigative Resources - Investigative Resources International has maintained this database since 1995 as a service to the
investigative and legal communities. They are continually updating and improving the site with selected links to searchable
databases and research sites. Open and Public record sources from the US as well as foreign countries are included.
http://www.factfind.com/public.htm
6) General Reference “Bookshelf” Great source of references to all kinds of information - abbreviations, definitions, standards,
codes, travel, media..you name it ..it’s here!
http://www.ecoplan.org/general/referenceshelf.htm
7) Governmental/Military Acronyms
The Federal Government tends to use abbreviations and special terms a great deal in their
documentation. This is a listing of some from the Department of Defense and Veteran’s Affairs
http://www.pbm.va.gov/PBM/acronyms.pdf
8) Compendium of Environmental Acronyms - Association of Engineering Geologists
http://web.umr.edu/~aeg/arco/arco.html
9) Electronic and Engineering Acronyms and Abbreviations
http://www.interfacebus.com/Engineering_Acronyms.html
10) CAS (Chemical Society of America) - Standard Abbreviations and Symbols
http://www.cas.org/ONLINE/standards.html#listinga
11) Chemical look up by abbreviation or name, with links out to data sheets, MSDS sheets and other information
www.chemfinder.com
12) National Weather Service - Weather Acronyms
http://www.srh.weather.gov/jetstream/append/acronyms_a.htm
13) Abbreviations and Acronyms of the U.S. Government
http://www.ulib.iupui.edu/subjectareas/gov/docs_abbrev.html
14) Glossary of Internet Abbreviations: Email and Chat Shorthand:
Part One: http://netforbeginners.about.com/cs/netiquette101/a/abbreviations_p.htm
Part Two: http://netforbeginners.about.com/cs/netiquette101/a/abbreviations_2.htm
Part Three: (emoticons/smilies) http://netforbeginners.about.com/cs/netiquette101/a/bl_emoticons101_2.htm
Remember, there may be more than one definition of the “code” you are trying to “break”. You have to consider the context in which
it is used, the setting and even the region of the country. These resources are only meant to be a guide, taking into account new
resources are added daily as well as others are being discontinued.
Reprinted with permission of the author.
Janabeth F. Taylor, R.N., R.N.C. has a degree in Nursing from Oklahoma State University and Litigation Paralegal
Certificate from the University of Oklahoma Law Center. She was a nursing instructor for ten years and has been a
medical legal consultant since 1990. Ms. Taylor is currently President/Owner of Attorney’s Medical Services, Inc. in
Corpus Christi, TX.
In 2002 she was named the Association of Trial Lawyers of America’s Paralegal of the Year. She provides litigation support for
attorneys across the United States and specializes in case reviews and Internet information resources. Her website is
http://www.attorneysmedicalservices.com and her e-mail address is jana@attorneysmedicalservices.com
ANNOUNCEMENT and REMINDER!
Membership Contest Reinstated
As an incentive to recruit new members, we are reinstating our annual Membership Contest. Each time your
name appears on the referral line on an application received for a new member, your name will be put in the
hat for a drawing at our Annual Meeting. First, second and third place prizes will be awarded. Watch future
issues of The Paralegal Advocate for announcements on the prizes to be awarded and for running totals on
our recruiting efforts.
Career Chronicles
Who Are You?
Name: LaFran Plunk
Title: Domestic Violence Paralegal for the West Tennessee Legal Services
How Did You Get Into This Area of Expertise
I started out working for the law firm of Reynolds and Reynolds in Savannah,
Tennessee as a legal assistant. I began my career working in Family Law and
Social Security claims. After 3 years with Reynolds and Reynolds, I decided to
become the Campaign Manager for Chancellor Ron Harmon’s judicial campaign in the 24th
Judicial District
of Tennessee. After a successful election I began my career with West Tennessee Legal Services where I
have worked in various divisions of Legal Services for over 8 years.
Responsibilities
As a Domestic Violence Paralegal, I work directly with the abuse victims to make sure first, they obtain any
immediate medical attention. From there I do a legal-needs assessment to define what problems the client
has. I ensure that the client has knowledge of and is provided all of the services to which she is entitled. I
assist the client in preparing an Order of Protection and I also accompany the client and the attorney to
court, to make sure that the client gets the “feel” of the court room environment and that she feels
comfortable there.
I also have the responsibility of building a file for the DV attorney, which contains photographs taken on the
day that I interview the client and then 4 days after, obtaining any medical reports, checking all criminal
activity on the abuser and making sure that we have certified copies for the court. I ensure that we have
proper security in the court and that the client is always escorted out with proper protection. Sometimes she
will even be escorted to her home after these hearings. If the attorney is not able to attend the Order of
Protection hearing, I will attend and act as a facilitator for the client to make sure that everything is secure
and flows easily. I work with the client to ensure she is confident in her decision to go forward with the
Petition.
After the DV hearing I contact the local 911 department to advise them of the client’s situation, and provide
copies of the restraining order and any other court documents that the local Police Department and the
Sheriff Department may need. Most importantly, I offer an educational component to the client where I teach
her how to make her family and herself safer in the environment in which they are living.
Favorite Resources
I work with the Drug Task Force officers and the TBI agencies in my district as well as the local DA’s office.
I use many websites that will check to see if the abuser has ever been in prison and I love to use Westlaw
to see if the abuser has any felony charges and what assets he may be trying to hide. My attorney calls me
“Colombo.” I love the forensic part of collecting evidence of the scene and in the photographing of the
clients. I use the Tennessee Coalition Against Domestic Violence website www.tcadsv.org and Mark
Wynn’s website www.markwynn.com which has many resources links in regard to Domestic Violence.
In My Spare Time . . .
I am an instructor in the “Cut It Out” program sponsored by Clairol, The National Cosmetology Association and
Southern Living. This program teaches the cosmetology student what signs to look for in a domestic violence
victim and how to be a referral tool to the client so she can get out of the abusive lifestyle that she is living in. I
am one of five people for the State of Tennessee chosen to teach the “Cut It Out” Program.
I also serve on the Board of Directors for WRAP (Women’s Resource & Rape Assistance Program) and the
Tennessee Alliance for Legal Services and Access to Justice in conjunction with the Tennessee Bar Association.
I sit on the Board of Habitat for Humanity and am the West Regional Director for the Tennessee Paralegal
Association. I serve on the Domestic Violence Task Force in Hardin County and on the Drug Alliance
Committee for McNairy County.
Advice For Becoming A Paralegal In This Field
You have to be able to do your job and then leave it at the office because if you don’t it will take a toll on your
mental and physical health. You must also learn to get as much satisfaction as possible from the victories, so you
can go on to other cases that might not turn out as well. Attending as many seminars as you possibly can and
having a wonderful attorney that will allow you to have full reign on building the case file for court are always a
plus!
East Tennessee Chapter Report
Our chapter has met the third Thursday of every month since January. We have an average of 12 to 17 people at each meeting.
Our chapter rotates each month’s meeting between Oak Ridge and Knoxville. The structure of the meetings also rotates as to
format. For two months we have a speaker/lecture and the next two months we have workshops. We decided to follow this
pattern to cater to individuals who may only be able to attend the meetings in one of the cities, and this way they have the benefit
of both formats.
Our first workshop was in March and the topic was medical records. We had three local paralegals discuss the different aspects of
working with medical records - obtaining, organizing, and analyzing. April’s workshop was on useful websites, and May’s lecture
was on blue book citations. All three workshops had great group participation.
Our June meeting featured Attorney William Allen’s presentation on the Tennessee Consumer Protection Act. Future topics are
set to include: preparing trial exhibits; ethical issues facing today’s paralegals, motions for summary judgment, preparing workers’
compensation claims, and a review of a local law library.
Our chapter agreed on two community service projects: Career Closet and Legal Aid Society of Tennessee, Inc. The Career Closet
collects new pantyhose and season appropriate suits for lower income women to use for job interviews. Our chapter took
donations during the months of March, April and May. We collected two suits and cash donations for the purchase new
pantyhose. During the fall we will donate our time and service to Legal Aid Society of Tennessee, Inc.
Our Chapter was a sponsor for the Knoxville Bar Association’s Legal Tech Expo on April 28, 2006, along with SMPA. Our role
was to promote and encourage attendance for the free afternoon session.
As most of you know, our Chapter is providing its members with a monthly newsletter. It has been a great success and has
received many acknowledgments. The success of the newsletter is credited to Dawn Holt of Butler, Vines & Babb.
Our current goal is to increase membership and maintain attendance at the meetings.
Tracey A. Williams
East Tennessee Chapter Chair
Reflection of the Spring Seminar: April 7 & 8, 2006
We express our great appreciation to the speakers & the West Tennessee Chapter for a
wonderful educational seminar and weekend of networking & fellowship. Thank you very
much.
Large Case Management, Presented by (1) C. Mark Donahoe, Esq. & Jamie Alkins, DEX Imaging
Wrongful Distributions of Funds from Med Mal and Death Cases, Presented by (2) Drake Martin, Esq.
Changes In Social Security, Presented by (3) John Ketcherside, Esq.
Workers’ Compensation Reform, Presented by (4) Phyllis Smith, DOL
Human Trafficking & Immigration, Presented by (5) Amber Beckham, Coordinator World Relief NETS
For Robin H. Kimbrough, Esq. (TALS)
&
Criminal Mock Trial – Presided Over by (6) Hon. Jim T. Hamilton
Hosted by: The West Tennessee Chapter, TPA – (7) Tammy Bradford, Chairperson
(6) (4) (1) (7)
(5) (2) (3)
2006 TPA Officers and Board Members
(contact the officers/board members via our website: www.tnparalegal.org)
President: Susan E. Veal, Miller & Martin PLLC, Chattanooga
First Vice President: Tracey A. Williams, CBA, Mostoller, Stulberg & Whitfield, Oak Ridge
Second Vice President: Peggy S. Bates, Chambliss, Bahner & Stophel, PC, Chattanooga
NALA Liaison: Caleeta L. Beagles, CLA, Blue Cross Blue Shield of TN, Chattanooga
Secretary: Tammie C. Murphy, CLA, Toppenberg & Burke, Knoxville
Treasurer: Phyllis A. Carter, CTFA, SunTrust Bank, Chattanooga
East Region Director: Alisa C. Pruett, Baker McReynolds O’Kane Atkins & Thompson, Knoxville
West Region Director: LaFran Plunk, West Tennessee Legal Services, Jackson
East Tennessee Chapter Chair: Tracey A. Williams, CBA, Mostoller, Stulberg & Whitfield, Oak Ridge
S.E. Tennessee Chapter Chair: Louise C. Mulderink, CP, Shumacker Witt Gaither & Whitaker, Chattanooga
West Tennessee Chapter Chair: Tammy R. Bradford, Hill Boren PC, Jackson
Parliamentarian: Rosemary L. Williams, CLAS, Shumacker Witt Gaither & Whitaker, Chattanooga
Historian: Susan Westmoreland, CEBS, Horton, Maddux & Anderson, Chattanooga
Publications Chair: Laysha M. McCullaugh, The Fleissner Firm, Chattanooga
NALA Campus LIVE! 2006 Fall Session
The 2006 Fall Session of NALA Campus LIVE! will feature the largest lineup yet, with at least 26 presentations
from August through November. The program includes substantive legal topics, information useful to being a more
effective paralegal, and several CLA review subjects.
Presentations dealing with management and leadership in NALA affiliated associations, as well as other topics of
general interest to paralegals may be added to the schedule as they are developed.
An outstanding roster of professionals will make the presentations in the LIVE! format. Participants log on for the
presentations through their computers and a long-distance conference call. The “real-time” aspect of this format allows
participants to ask questions through their computer keyboards for response by the presenters.
Presentations set for this session are:
August—
“Trial Preparation” by Karen Sanders-West, ACP, JD
“Ethics” by Vicki Voisin, ACP
“Using Legal Nurse Consultants Effectively” by Mitzi Wortman, RNC, CCM, LNCC.
September—
“PowerPoint™ for Paralegals” by Kathleen H. Miller, CP, CAS
“Civil Litigation, Part 1 and 2” by Karen Sanders-West, ACP, JD
“HIPAA Privacy” by Thomas Head, Attorney
“Legal Research” by Virginia Koerselman, Attorney
“Effective Communication Skills” by Kathryn Myers, Associate Professor
“Using Paralegals as Jury Consultants” by Mary Kubichek, MA, BS, JD
“Deciphering the Medical Record” by Amy Temkin, Paralegal
“E-Discovery” by Dorothe J. Howell, CLA
“Fact Analysis and Interpretation for Paralegals” by Patricia J. Gustin, CP, CFEI.
October—
“Elder Law Issues II” by Mitzi Wortman, RNC, CCM, LNC
“Power Up Your PowerPoint™” by Kathleen H. Miller, CP, CAS
“Immigration and Employment Issues” by Michelle Gossett, CLA
“Written Communications” by Virginia Koerselman, Attorney
“Lease Purchase Financing” by Mary Parrish Coley, CLA, and Roxanne Crouch, Paralegal
“Equitable Distribution” by Belinda Thomas, CP, ACP, NCCP
“Product Liability Litigation for Paralegals” by Patricia J. Gustin, CP, CFEI
“Successful Leadership Techniques and Meeting Strategies” by Sharon Robertson, ACP
“What Do You Mean…Execute, Witness, Attest, Notarize and Apostille?” by Mary Willard, ACP, NCCP.
November—
“Basic Business Organizations” by Kelly LaGrave, ACP
“Workers’ Compensation Law Overview” by Mitzi Wortman, RNC, CCM, LNCC
“Effective Use of the Internet for Paralegals” by Karen Sanders-West, ACP, JD
“Judgment and Legal Analysis” by Virginia Koerselman, Attorney.
Registration for LIVE! presentations is $75 per course for NALA members, and $100 for non-members. Special fees are
offered for multiple participants at single sites. NALA members and others interested in continuing paralegal education will
be advised by e-mail of upcoming courses and provided with hyperlinks to the appropriate registration screen.
Complete details regarding course descriptions, dates and times, and information on the presenters is available at
NALACampus.com.
Contact: Krista Lower – Manager, Educational Services; National Association of Legal Assistants
1516 S. Boston Avenue, Suite 200, Tulsa, OK 74119
(918) 587-6828; (918) 582-6772 (fax); klower@nala.org
AUNTIE EM DIED AND I HAVE THE WILL
By Rosemary H. Williams, CLAS
It has been two months since we buried Auntie Em and I received the funeral home’s statement for their
services. The bank will not allow me to withdraw the funds from Auntie’s account to pay the funeral bill no
matter how many times I remind them I have Auntie’s power of attorney because they say the power of attorney
ceased at Auntie’s death. Nobody told me that. I try to explain this to the bank officer, but she stands her ground
and reminds me that I have no authority to remove the funds. I tell her that I am named as executor in Auntie’s
will so that should mean something. The bank officer asks to see the original Letters Testamentary with the
raised seal issued to me by the probate court that appoints me as Executor and gives me the authority to withdraw
the funds. After all, the bank officer explains, without Letters Testamentary issued from the court I don’t have
the authority to act as the executor of Auntie’s estate – I am only the person named in her will to serve, but not to
act as such without the official certified Letters Testamentary. The bank officer suggests that I call a lawyer to
help me probate Auntie’s will in order to obtain Letters Testamentary if I want the funds.
As I walk away from the bank, I wonder how in the world I will pay the funeral bill of which the funeral
home has ever so firmly reminded me is seriously past due. I have no choice but to call that nice lawyer who
helped Auntie with her estate planning to assist me with probating her will. I hope going to probate court is not
like going to court on television.
If I don’t hurry, I will be late for my meeting with the lawyer but at least I will have found copies of all
the bank and brokerage statements so the lawyer can review how the assets are titled. I recall from our brief
conversation that only the accounts titled just in Auntie’s name alone are subject to court supervision – probate
assets he called them – and that those with a named beneficiary may pass directly to the beneficiary and not
according to the terms of Auntie’s will. Won’t that wicked cousin Wanda be mad when she sees that Auntie
made me beneficiary of her stock account and not her! I mean, who cares if wicked Wanda gets one third of
Auntie’s estate, the stock account passes directly to me and I get one third of the estate too!
Probate is over – it was actually quite easy and not at all like on television – and I have my certified
Letters Testamentary to take to the bank. Now I’m getting somewhere: I am officially the Executor of Auntie
Em’s estate and have the authority to act as such by closing Auntie’s accounts and opening an estate checking
account so that pushy funeral home can be paid.
Oh, but all those dates to remember and all those duties I must perform as Executor! There’s Auntie’s
final income tax return to be filed to report income up to her date of death. There are copies of Auntie’s will to be
mailed to the beneficiaries, but I think the lawyer said we have 60 days to mail the copies and to file an affidavit
with the court to prove the copies were mailed. The lawyer wants the names and addresses of all of Auntie’s
creditors so his paralegal can send a copy of that little Notice to Creditors that was in Friday’s paper to them to
alert them that they have four months in which to file their claims. That paralegal sure is a nice lady – I wish she
could advise me because her billing rate sure is less than that lawyer’s rate!
At least I have nine months from Auntie’s date of death to file some kind of death tax return – inheritance
tax return for the State of Tennessee to be exact, and if Auntie’s assets total $2,000,000, some kind of federal
estate tax return. Auntie didn’t have $2,000,000 worth of assets, and since her assets are less than $1,000,000, the
lawyer doesn’t believe we will owe the State of Tennessee any inheritance tax and we can file the short form
inheritance tax return.
If all goes well, the lawyer says, and if that wicked Wanda doesn’t cause any trouble, we can close
Auntie’s estate as soon as all the tax returns are filed, and any taxes paid, as soon as all the assets are gathered
into the estate and the creditors paid, and of course as soon as the lawyer is paid. He even said I won’t have to go
back to court to close the estate because it can be closed by submitting documents to the court signed by all the
beneficiaries to acknowledge that they have received their share of the estate and by me signing one as Executor
to acknowledge that I have fully administered the estate.
This may not be so bad after all – not nearly as bad as people have led me to believe the probate process
can be. Let’s hope wicked Wanda behaves.
Message from The Paralegal Advocate Team
We would appreciate your contribution to The Paralegal
Advocate by submitting articles of interest to you to be
published. Please note the deadlines for each edition and
feel free to provide any information you would like
published prior to the deadline.
If you would like to have articles published on
specific topics in the Advocate, please contact us.
- The Paralegal Advocate Team
SAVE THE DATE: November 10 & 11, 2006
Our 2006 Annual Meeting & Seminar
is set for November 10 & 11 in Nashville.
Watch your e-mail and the next issue of
The Paralegal Advocate for details! 
THE PARALEGAL ADVOCATE
is published quarterly by the Tennessee Paralegal
Association, an affiliate of the National Association of
Legal Assistants, Inc. Articles and other information for
the newsletter should be sent to the Advocate Team at
the following address:
Tennessee Paralegal Association
Attention: Advocate Team
Post Office Box 305
Knoxville, TN 37901-0305
or advocate@tnparalegal.org
DEADLINE FOR ISSUES:
SUMMER: JUNE 30, 2006
FALL: SEPTEMBER 30. 2006
WINTER: DECEMBER 31, 2006
Tennessee Paralegal Association
P.O. Box 21723
Chattanooga, TN 37424

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2006-01-Spring-The Paralegal Advocate Draft 06-15-06

  • 1. PUBLICATION OF THE TENNESSEE PARALEGAL ASSOCIATION Spring 2006 Volume 25, Number 1 TPA is an affiliate of the National Association of Legal Assistants Inside this issue:  President’s Message  First Vice-President Report  East Tennessee Regional Directors Report  Update Electronic Discovery Amendments FRCP  Summary Board Meeting January 7, 2006  Southeast Tennessee Chapter Report  TPA History: Our First Five Years  “Breaking the Code”  Announcement & Reminder  Career Chronicles  East Tennessee Chapter Report  Reflection: Spring Seminar  NALA Campus Live  “Auntie Em Died and I have the Will”  “Cut It Out” TN Paralegal Association Tennessee Paralegal Assoc. Post Office Box 21723 Chattanooga, TN 37424 http://www.tnparalegal.org President’s Message What a busy and exciting first quarter we have had! We started TPA’s 26th year with a bang. Thanks to the efforts of ALL of our board and MANY of our members, we are stronger than ever. Huge thanks go to our West Tennessee Chapter for the amazing Spring Seminar they put on for us in April. You will see more pictures of our seminar inside this issue. We had paralegals from across the state attend and it was a great opportunity for learning and networking. Many of our presenters came from Nashville, despite threats of bad weather and even tornadoes that touched down in Middle Tennessee. Special thanks go to Jennifer Petty and Tammy Bradford for all their hard work in planning and putting together a great lineup of presenters. It was also a great reunion because those of us from other parts of the state got to see some other “old-timers” we haven’t seen in a while (you know who you are, so I won’t mention names)! Our East Chapter has been busy too. In addition to their great monthly meetings, they participated in the Legal Tech Expo sponsored by the Knoxville Bar on April 28 and gave a presentation to the Knox ville Legal Administrators at their May 17 luncheon meeting. Presentations like this are the best way to raise awareness of our profession in the legal community and Chapter Chair Tracey Williams and East Region Director Alisa Pruett have been hard at work getting the word out in the East. In the Southeast, Chapter Chair Louise Mulderink with the help of Laysha McCullaugh have gotten our monthly Chapter newsletter going again. Thanks to these ladies for making the effort that goes into publishing that. We are consistently having 20+ in attendance at our monthly Chapter meetings and the newsletter will be a great asset in getting the word out about what is going on with TPA. Although the Chapters are where the rubber meets the road, as they say, we are also making GREAT progress on a state association level in 2006. Below are just some of the things the board and members have accomplished so far this year:  Creating and implementing a new and improved website at www.tnparalegal.org ;  Improving the look and content of The Paralegal Advocate;  Adopting a new logo to promote a more professional image;  Creating a new TPA informational brochure;  Creating committees for: bylaw revision, website consultation and to create a policy for seminar vendors;  Reaching out to law firms and employers for sustaining memberships and to help create awareness of our association and ways we can assist them;  Offering more opportunities for continuing legal education at meetings in all chapters across the state; and  Replying to job opening, education, certification and other inquiries coming in through our new website. I am very excited to be part of this renewed enthusiasm at this point in TPA’s history. We look forward to making even more progress this quarter. If you have comments or questions about any of our new endeavors, or would like to be a part of the good things happening in TPA, please go to the website at www.tnparalegal.org and contact me or one of the other board members, or call me at (423) 785-8296. I look forward to hearing from you! Susan Veal, TPA President
  • 2. CLA/CP Testing Deadline to Register for the December 1 thru 2, 2006 Exam is October 1, 2006 Local Testing Facility: Southeastern Paralegal Inst., Nashville Cost: $225 for NALA Members $250 for non-members REQUEST FROM THE ADVOCATE TEAM YOUR THOUGHTS ARE IMPORTANT TO US AND THE LIFE OF TPA THE ADVOCATE IS ONE OF OUR AVENUES & RESOURCES FOR NETWORKING AND KEEPING INFORMED REGARDING OUR PROFESSION AS THERE ARE CONSTANT CHANGES IN LAW WITH ETHICAL CONSIDERATIONS PLEASE LET US KNOW OF ANYTHING THAT YOU BELIEVE WOULD BE A BENEFIT THAT CAN BE INCLUDED IN OUR PARALEGAL ADVOCATE WE APPRECIATE YOUR THOUGHTS IDEAS & OPINIONS LET THE PARALEGAL ADVOCATE PROMOTE OUR PROFESSION THROUGH YOU First Vice-President Report In the next month I plan on looking into several hotels in the Nashville area to see what they have available and the price. My goal is to find the most for the least amount of money. I have had a few suggestions for speakers and topics which are greatly appreciated. One suggestion that I would like to bring before the board is to bring back something from the past, vendors. I believe that allowing vendors to attend the seminar with the opportunity to have a booth will boost our revenue and hopefully attendance. I would ask the board to vote on an amount they feel is fair to charge. This needs to be decided at this meeting in order to begin marketing this tool. I would ask that anyone who has donations for the goody bags or ideas to let me know so that I can begin to compile what I have. Tracey A. Williams First Vice-President EAST TENNESSEE REGIONAL DIRECTOR The Southeast Chapter continues as our strongest chapter and remains active in their respective projects, including supporting the Chattanooga Ronald McDonald House and ushering at the Chattanooga Theatre Centre. Monthly meetings on the third Tuesday of each month are continuing with approximately 20 attending each meeting. The Hiwassee Chapter is currently on inactive status, although several of its former members are considering joining the new East Tennessee Chapter. The “new” East Tennessee Chapter (“ETC”) is continuing to grow due to active recruiting and a unique format. The format is drawing rave reviews from members and guests alike. The ETC meets on the third Thursday of each month with a business meeting at 6:00 p.m. and the program at 6:30. The meetings are rotated between the West Knoxville area and Oak Ridge, giving all members the opportunity to attend at a convenient location. Every other meeting in each area features a hands-on workshop as opposed to a speaker. Attorney William Allen was the speaker at our June meeting in Oak Ridge, addressing the Tennessee Consumer Protection Act. Respectfully submitted, Alisa Cathcart Pruett
  • 3. Update on Draft Electronic Discovery Amendments to the Federal Rules of Civil Procedure On September 20, 2006, the Judicial Conference submitted to the Supreme Court a package of changes to the Federal Rules of Civil Procedure that address the discovery of electronically stored information. The Supreme Court will report to Congress on May 1, 2006, and then Congress has six months to approve or deny the rules. The earliest these proposed amendments can take effect is December 1, 2006. The process to amend the rules began in 1999. In late 2004, the Committee on Rules of Practice and Procedure submitted the rules for public comment. On June 15 – 16, 2005 the Committee approved the package of changes and submitted the new rules and amendments to the Judicial Conference on July 25, 2005 for consideration at its September 2005 session with recommendations that they be approved and transmitted to the Supreme Court. Below is a summary of the newly proposed amendments.  Rule 16(b)(5)& (6): Pretrial Conferences, Scheduling Management. Under the proposed new rules, the scheduling order entered under this rule may now include provisions for disclosure or discovery of electronically stored information and may now include any agreements the parties reach for asserting claims of privilege or protection as trial-preparation material after production.  Rule 26(a)(1)(B): General Provisions Governing Discovery; Duty of Disclosure; Required Disclosures; Methods to Discover Additional Matter. This rule would be amended to add that a party must, without awaiting a discovery request, provide to other parties a copy of, or description by category and location of, electronically stored information.  Rule 26(f)(3) & (4): General Provisions Governing Discovery; Duty of Disclosure; Conference of Parties; Planning for Discovery. This rule would be amended to require that when the parties confer pursuant to this rule they discuss any issues relating to preserving discoverable information and any issues related to disclosure or discovery of electronically stored information. This would include the form or forms in which electronically stored information should be produced, and any issues relating to claims of privilege or protection as trial-preparation material. If the parties agree on a procedure to assert such claims after production, the parties should discuss whether to ask the court to include this agreement in an order.  Form 35: Report Parties Planning Meeting. The form would be amended to require inclusion of a brief description of the parties' proposals on handling the disclosure or discovery of electronically stored information. It would also require inclusion of a brief description of any provisions of a proposed order reflecting the agreement of the parties regarding claims of privilege or protection as trial-preparation material asserted after production.  Rule 26(b)(2)(B): General Provisions Governing Discovery; Duty of Disclosure; Discovery Scope and Limits; Limitations. The amendment to this rule would provide that a party need not provide discovery of electronically stored information from sources that the party identifies as not reasonably accessible because of undue burden or cost. On both a motion to compel discovery or for a protective order, the burden would be on the responding party to show that the information is not reasonably accessible because of undue burden or cost. Even if that showing is made, the court may nonetheless order discovery from that party if the requesting party shows good cause, considering the limitations that are set forth in Rule 26(b)(2)(C) (i.e. whether the discovery sought is cumulative, burden of expense outweighs the benefit, etc.). The court may also specify conditions for the discovery.
  • 4.  Rule 26(b)(5)(B): General Provisions Governing Discovery; Duty of Disclosure; Discovery Scope and Limits; Claims of Privilege or Protection of Trial Preparation Materials; Information Produced. This rule would be amended to provide that if information is produced in discovery that is subject to a claim of privilege or protection as trial-preparation material, the party making the claim may notify any party that received the information of the claim and the basis for it. After being notified, a party would be required to promptly return, sequester, or destroy the specified information and any copies it has and would not be able to use or disclose the information until the claim is resolved. A receiving party could promptly present the information to the court under seal for a determination of the claim. If the receiving party disclosed the information before being notified, it would be required to take reasonable steps to retrieve it. The producing party would be required to preserve the information until the claim is resolved.  Rule 33(d): Interrogatories to Parties; Option to Produce Business Records. This rule would be amended to provide that where the answer to an interrogatory may be derived from electronically stored information, and the burden of deriving the answer is substantially the same for the responding party and the requesting party, it is a sufficient answer to the interrogatory to specify the records from which the answer may be derived or ascertained. The responding party would be required to allow the requesting party reasonable opportunity to examine, audit of inspect such records and make copies, compilations, abstracts or summaries.  Rule 34(a) & (b): Production of Documents, Electronically Stored Information, and Things and Entry Upon Land for Inspection and other Purposes; Procedure. This rule would be amended to provide that any party may serve on any other party a request to produce electronically stored information. The rule would also permit the party making the request to inspect, copy, test or sample electronically stored information stored in any medium from which information can be obtained - translated if necessary by the responding party into a reasonably usable form. The rule would be amended to provide that the request may specify the form or forms in which electronically stored information is to be produced. The producing party may object to the requested form or forms for producing electronically stored information stating the reason for the objection. If an objection is made to the form or forms for producing electronically stored information - or no form was made in the request - the responding party would be required to state the form or forms it intends to use. If a request does not specify the form or forms for producing electronically stored information, a responding party must produce the information in a form or forms in which it is ordinarily maintained or in a form or forms that are reasonably usable. A party need not produce the same electronically stored information in more than one form.  Rule 37(f): Failure to Make Disclosures of Cooperate in Discovery Sanctions; Electronically Stored Information. This section of Rule 37 would be added to provide that absent exceptional circumstances, a court may not impose sanctions under the rules on a party for failing to provide electronically stored information lost as a result of the routine, good faith operation of an electronic information system.  Rule 45 Subpoena; Form; Issuance. This rule would be amended to add that a subpoena shall command each person to whom it is directed to attend and give testimony or to produce and permit inspection, copying, testing, or sampling of among other things, electronically stored information. In addition, a subpoena may specify the form or forms in which electronically stored information is to be produced. Under the amendment, subpoenas may be served to not only inspect materials but to copy, test or sample those materials. Similarly to Rule 34, if a subpoena did not specify the form or forms for producing electronically stored information, a responding party would be required to produce the information in a form or forms in which it is ordinarily maintained or in a form or forms that are reasonably usable; and a party need not produce the same electronically stored information in more than one form. As in Rule 26(b)(2)(B), a party need not provide discovery of electronically stored information from sources that the party identifies as not reasonably accessible because of undue burden or cost. On both a motion to compel discovery or
  • 5. for a protective order, the burden would be on the responding party to show that the information is not reasonably accessible because of undue burden or cost. Even if that showing is made, the court may nonetheless order discovery from that party if the requesting party shows good cause, considering the limitations that are set forth in Rule 26(b)(2)(C) (i.e. whether the discovery sought is cumulative, burden of expense outweighs the benefit, etc.). The court may also specify conditions for the discovery. Similarly to Rule 26(b)(5)(B), if information is produced in response to a subpoena that is subject to a claim of privilege or protection as trial-preparation material, the party making the claim may notify any party that received the information of the claim and the basis for it. After being notified a party would be required to promptly return, sequester, or destroy the specified information and any copies it has and may not use or disclose this information until the claim is resolved. For more information please visit www.uscourts.gov. SUMMARY OF JANUARY 7, 2006 BOARD MEETING The 2006 Winter Meeting of the Tennessee Paralegal Association was held at The Merchant Restaurant in Nashville, Tennessee. Members in attendance were: President Susan Veal; Second Vice President Peggy S. Bates; Treasurer Phyllis A. Carter, CTFA; Secretary Tammie C. Murphy, CLA; NALA Liaison Caleeta L. Beagles; Parliamentarian Rosemary H. Williams, CLAS; West Tennessee Regional Director; LaFran Plunk; Southeast Chapter Chairperson Louise C. Mulderink, CLA; West Tennessee Chairperson Jennifer Petty and Susan Westmoreland. Treasurer Phyllis Carter reported that the current balance in the checking account was $3,330.03 and in the savings account was $2,807.18 as of December 31, 2005. Rosemary Williams suggested that the audit committee be made up of people from the firm of Shumacker Witt Gaither & Whitaker as long as Ms. Carter is treasurer since both she and Phyllis work in the same building. The Board discussed forming an audit committee. Ms. Carter passed out the 2006 Membership Roster which includes all applications received by TPA in 2005. The total number of paid members is actually more members than was anticipated but no new budget is necessary. Chapter Reports West Tennessee – Ms. Petty reported that their chapter had begun planning for the Spring Seminar. The Board briefly discussed dates for the Seminar, i.e., approximately the last March or the first of April. Ms. Petty will email the Seminar date to the board members. Ms. Petty expressed her support of the newly formed East Tennessee Chapter and offered her chapter’s assistance to the chapter. Southeast -- Ms. Mulderink reported that the chapter had a great turnout for their November, 2005 meeting when they elected new officers for 2006. In December, Ms. Mulderink’s husband made gingerbread houses and members decorated the houses and handed them out as gifts to charities. Pictures of the chapter’s new members were taken and for The Paralegal Advocate. East Tennessee – Chairperson Tracey Williams was not in attendance but emailed her report to the Board. Members of the Roane Regional Chapter and the remaining members of the Knoxville Chapter merged to form the East Tennessee Chapter of the TPA and met for the first time at the home of Alisa Pruett where they voted for officers for the upcoming year. President Susan Veal also attended. The Knoxville Bar Association contacted the Chapter about participating in its Legal Tech Expo in April. NALA Liaison Report -- Former NALA Liaison for TPA Cathy Hulsey sent a report listing the new officers to NALA immediately after the November Membership Meeting.
  • 6. New Business Ms. Mulderink passed out three proposed new TPA logos. After the Board discussed the logos, it was decided that Ms. Mulderink will make the proposed changes and email the Board members the revised logos for review and approval. The Board discussed whether to list our post office box on the letterhead and decided against it as the address is subject to change on occasion. The Board decided to use red, white and blue as our new primary colors. Ms. Veal reported she will email to the board the text she drafted for updated brochures. Ms. Beagles suggested putting pictures in the brochure. The board felt people will be more likely to read it if it includes pictures rather than simply blocks of text. Ms. Veal reported she was working on a draft mission statement and will email it to the Board and invite them to make suggestions. Ms. Mulderink reported we now have access to the website and she is continuing her work on revising it. Ms. Williams suggested that we set up a web page committee. Ms. Mulderink, Ms. Petty and Ms. Williams volunteered to be part of the committee. Ms. Carter revised and updated TPA’s membership applications and emailed the new applications to the board to review and approved. Except for one minor typographical change, the new application was approved. Ms. Bates will send out packets to new members as soon as the new letterhead is ready. The board briefly discussed asking law firms to be associates or sustaining members of TPA. Ms. Beagles suggested raising our dues but the Board decided to table this issue and Rosemary Williams was formally named as our new Parliamentarian. Ms. Veal is temporarily overseeing the publication of The Paralegal Advocate with the assistance of Southeast Chapter member Laysha McCullaugh. The board discussed selling ads in the Advocate. We will include NALA courses and CLE information in the Advocate. Ms. Mulderink and Ms. Petty will review the Rules of Procedure. Ms. Beagles and Ms. Williams will be on the bylaw committee. The board discussed the need to add language to the bylaws that will cover the Chapter-State Association relationship and to include scholarship and webmaster duties in the bylaws. Ms. Carter suggested including language regarding use of technology (e.g., fax and email) in conducting TPA business, since these things were not considered at the time the latest version of the bylaws were adopted. Southeast Chapter 2nd QUARTER REPORT The SE Chapter has had a very progressive second Quarter! Chattanooga and Hamilton County is in the midst of an election year and SETPA has been proud to host many of the judicial candidates as speakers. Attendance at our monthly meetings continues to grow and our membership continues to be energized about the newest TPA developments as well as looking forward to the reports from our upcoming NALA Convention. We continue our support of the Ronald McDonald House of Chattanooga and the Chattanooga Theatre Centre and are looking forward to our Annual Fall Seminar. Jane Ledbetter & Susan Veal with Mayor Littlefield Respectfully submitted: Dinner at the Mount Vernon March 21, 2006 Louise C. Mulderink, CP Southeast Chapter Chair
  • 7. The Tennessee Paralegal Association History: Our First Five Years In celebration of our 25+ years and as a tribute to our founding members, we will be printing in this and upcoming issues portions of a history prepared by founding member, Lawassa Jones. We lost Lawassa to cancer in 1995, but the history she prepared through 1990 will be with us forever. Historian and co-founding member, Susan Westmoreland, has been updating Lawassa’s work to bring us through to 2005 and we will print her updates in future issues. During the summer of 1980 four Chattanooga paralegals – Pat Davis, Connie Hixson, Lawassa Jones and Susan Westmoreland – met for lunch and discussed the need for a professional association. They decided to organize a paralegal association. They agreed that it would be wise to have the organizational documents prepared before calling an organizational meeting, so they appointed Lawassa, the corporate and business paralegal, to draft the documents. The charter of East Tennessee Paralegal Association was filed on September 1, 1980. The organizers decided from the beginning to affiliate with the National Association of Legal Assistants, Inc. as soon as feasible. All provisions which NALA requires of affiliates were included in the bylaws, which were completed in the fall. The organizational meeting was held on November 13, 1980. At this meeting the new members of the association elected officers, set annual dues, elected a fiscal year - - January 1 – December 31 - - and authorized the president to affiliate with the National Association of Legal Assistants, Inc. Because of time constraints some business, including the adoption of the bylaws, was deferred to the following meeting. With the adoption of Bylaws and the election of directors in December, the new paralegal association was fully organized and ready to begin an exciting new year. Hamilton County Circuit Court Judge Samuel H. Payne installed the new officers on January 13, 1981. Early meetings of ETPA were held at the Tick-Tock Restaurant in East Ridge, a suburb of Chattanooga, because the restaurant manager was willing to provide a meeting room for a small group. Most restaurants in the Chattanooga area required a minimum of twenty people. It would be months before the association had twenty members; even then all members didn’t attend every meeting. The officers and members of ETPA appreciated the consideration of the Tick-Tock’s management. At that time NALA required that ten members of an affiliating association sign the Application for Affiliation. This was signed in December. Jeri Bryce, CLA, the NALA parliamentarian, granted provisional approval on Dec. 31, 1980. Approval for affiliation was granted by NALA’s full board at its spring meeting on March 7, 1981. The primary emphasis that first year was on attracting members. However, other accomplishments established ETPA as a solid professional association. At the monthly meeting in February, the president appointed a Logo Committee - - Connie Hixson and Pat Davis. At this meeting the members decided that chapter stationery should be buff with black lettering. In March, fees of $50.00 per year for sustaining members were set, Harold Rohen suggested membership certificates and the members voted to participate in Law Day, which was to be held on May 1 in Miller Park. Jeannie Farmer was appointed chairperson of Law Day Committee. She set up a booth in the park which gave East Tennessee Paralegal Association an opportunity to promote the paralegal profession. In April Pat Davis was elected liaison to the Chattanooga Bar Association’s Committee for Continuing Education and the president asked for an ETPA newsletter. In June we received an exemption letter dated June 9, 1981 from the Internal Revenue Service. The organization is expempt under Section 501 (C) (6) of the Internal Revenue Code. We are a business league. East Tennessee Paralegal Association was a bit poor at first, but we received some help. The law firm Stophel, Caldwell & Heggie, P.C. contributed $200 to the association. In July we sent our first NALA Liaison, Connie Hixson, to NALA’s annual meeting and workshops, but she had to pay her own expenses. It was months before the association had sufficient funds to repay her.
  • 8. Connie returned very excited about State paralegal associations and suggested that we change our name to Tennessee Paralegal Association and expand our efforts statewide. At the meeting on August 11, 1981 the members authorized a Charter Amendment changing the name. The charter amendment was filed on August 18, 1981 and the Logo Committee scrapped its ETPA designs and started over. It was necessary to purchase new stationery with the name Tennessee Paralegal Association. At this time the association’s colors, buff and brown, were chosen. Several paralegals in Nashville and Knoxville responded to our invitation to joint TPA. In August the president appointed Doris Peak to head a committee to draft Standing Rule, later more appropriately renamed Rules of Procedure. At this time also members decided that an initiation fee be assessed once when paralegals join the association. In October the newsletter was named THE PARALEGAL ADVOCATE (Linda Rossmaier’s suggestion). The first issue was published in the fall. Pat Davis served as the first editor. Debbie Lowe, an employee of Miller & Martin, produced the newsletter. TPA members were justifiably proud of Volume I, Issue 1. On Nov. 21, 1981 TPA held its first annual meeting and seminar. More than fifty people, including some lawyers, attended the “free legal seminar.” The four speakers present an excellent program and TPA members and officers received numerous compliments from those in attendance. Attendance at TPA’s first annual meeting was 100%. On Dec. 8, 1981 Judge Ted Milburn installed officers for 1982. In 1982 TPA began holding quarterly meetings and seminars in various location around the state. It was decided that no meetings or seminars would ever be cancelled because of an expected low attendance - - that all programs would proceed as scheduled. The first quarterly meeting of 1982 was held on March 20 at the University of Tennessee at Chattanooga. At this meeting the members and governing board adopted the TPA logo, membership certificates and Standing Rules. At the second quarterly meeting, held on June 12 at Music City Rodeway Inn, TPA members adopted membership cards and approved the new membership application form. The third quarterly meeting of 1982 was held at the Red Bank Lions Club on September 25. The primary business of this meeting was planning the annual seminar and discussing ways of acknowledging persons who had made significant contributions to TPA. The registration fee for the seminar was set at $25 for members and $35 for all others, with a $5 discount for early registration. For the first time, Declarations of Candidacy were sent to members. Members were requested to declare for office by Oct. 15. At a banquet held on Nov. 12, 1982 the president presented plaques to the following people in appreciation of their assistance to TPA: J. Inmann Kidd, who donated the membership certificates; David Robinson, who printed the membership certificates; Stephanie Birchfield, who designed the membership application forms; Terrell Swafford, who designed the TPA logo; Debbie Lowe, who produced the newsletter; and John Sotphel, for his assistance with The Paralegal Advocate. The members elected new officers who were installed by Judge Earle G. Murphy. At this time TPA, which had started with six members, had 28 active members, one student member, three associate members and two sustaining members. On June 24, 1983 TPA assisted in the swearing-in ceremony of Honorable Ted H. Milburn, U.S. District Judge for the Eastern District of Tennessee, Southern Division. TPA provided paper plates, cups and napkins and assisted in serving at his reception. At the quarterly meeting on June 25, 1983, held at Holiday Inn North in Cleveland, the president appointed a committee to check into the cost of purchasing TPA pins. TPA member Susan Westmoreland, a Qualified Plans Legal Assistant with Buhrman & Speed, P.C., Chattanooga, was recognized in the July-August 1983 issue of FACTS AND FINDINGS, NALA’s official publication. NALA recognized Susan for earning the designation Certified Employee Benefits Specialist after completing the ten-course CEBS program given by the International Foundation of Employee Benefit Plans and the Wharton School of the University of Pennsylvania.
  • 9. The 1983 annual meeting and seminar were held on November 18 and 19 at the Nashville Marriott Hotel. These were announced by our first printed brochure - - printed in brown ink on buff paper. At the annual meeting on November 18 the members elected new officers and authorized the purchase of napkins with the TPA logo for use at receptions and special occasions. At this meeting also, the members discussed printing a membership directory. Our budget wouldn’t yet cover membership pins. In December 1983 we published our first printed newsletter, including pictures. We used black ink on buff paper (Actually, it looks cream to me, but printers claim it is buff) because the printer told us black is better for pictures. She forgot this sometime later, perhaps after she had printed a number of seminar brochures and stationery for us, and started printing the newsletters with brown ink. They still looked pretty good. In 1983 when we began printing the newsletters, Carol Carter and Lawassa Jones were the editors. They continued to edit the newsletter through 1986 when Ann Burns assumed editorial duties. The present editor is Susan Veal who has served since 1989. Throughout 1984, president Evelyn Caylor kept in touch with the members with monthly letters telling us what was happening. At the meeting held on March 24, 1984 TPA members authorized a reduction in the membership fee for members of established legal assistant associations who join TPA en masse. The members also authorized an amendment to the membership application form, subject to NALA approval, which added membership eligibility to legal assistants employed by banks, corporations and government agencies and added educators and accountants to the professionals eligible for associate membership. Following the June 1984 seminar we were invited to the lovely home of Mr. and Mrs. John Poteet for lunch and our quarterly meeting. Lunch was a delicious meal which Beth Dalton and her mother, Mrs. Poteet, prepared. This still ranks as the best meal we have been served by anyone at any meeting or seminar. In our September 1984 our regular membership reached 50. At TPA’s quarterly meeting held on September 15 in Jackson, committees were appointed to develop TPA brochure and a notebook outlining officers’ duties. Also, at this meeting the members discussed a misunderstanding which had arisen regarding TPA’s stand on paralegal certification. Some paralegals who were not members had gotten that the impression that TPA actively supported state certification of paralegals. Because of this misunderstanding, a formal policy was adopted. The policy is “Tennessee Paralegal Association does not support mandatory certification of paralegals at this time.” This policy is still in effect. The 1984 annual meeting was held in a railroad car on November 17 at the Choo Choo Hilton in Chattanooga, Major actions taken at this meeting were the amendment of bylaws and the election of officers for 1985. Alice W. Penney, CLA, first vice president of NALA, graced us with her presence. The year 1985 got off to a hot start - - literally. A fire in the basement of the Holiday Inn on Briley Parkway in Nashville forced evacuation of the hotel minutes before TPA’s spring seminar was scheduled to begin on April 20. However, the seminar and meeting proceeded - - not quite on schedule. At this first meeting of 1985 President Collette Jones requested Carol Carter to check into the cost of printing a membership directory. In June 1985 Bettie Taylor resigned as president elect because of personal obligations. In August Collette Jones resigned as president to go to law school. Doris Peak, First Vice President, assumed the office of President for the remainder of the year. At the 1985 annual meeting, held on November 22 at Baudo’s restaurant in Jackson, the members elected both a president and a president elect. They also voted to increase membership dues - - for the first time. The members agreed that four seminars each year were too much, so they voted to hold only one seminar each year thereafter - - to consist of ten hours of education in order to meet NALA’s requirements, to be held on the first weekend in November. Check signing authority was also changed. The association had previously required the signatures of both president and treasurer upon all checks. However, the rules were changed to allow either of these officers to sign. It was decided that the treasurer, who keeps the books, would be bonded. Two NALA representatives were guests at this meeting. They were Debra K. Vinduska, CLA, Affiliated Associations Chairman, and Jeannie O’Neill, CLA, Region III Director. Following the meeting, Albert Merkel, President of the Jackson/Madison County Bar Association, installed the officers for 1986.
  • 10. Breaking the Code by Janabeth F. Taylor, R.N., R.N.C. Every day we are faced with a “code” of some sort, no matter what area of law we work in. It may be a special abbreviation used to denote an expert’s credentials, or shorthand for an engineering term. Or even a specialized term we can not find defined in a traditional dictionary. It may be a shortened spelling of a word, an abbreviation. Or, it may be an acronym. An acronym is a kind of abbreviation. The word comes from Greek, meaning heads of names. Acronyms are usually made from the capitalized initials of the words it represents, for example FBI is an acronym for the Federal Bureau of Investigation. Occasionally, for special reasons, the second letter of a word is used, as in XML (eXtensible Markup Language). Sometimes more than one letter is included for a word, to avoid ambiguity or because they form an existing abbreviation, as in SACEUR (Supreme Allied Commander, Europe) Contrary to what some sources say, acronyms do not have to be pronounceable words (for example FBI is spelled out when spoken, whereas NASA is not). Some sources use the word initialism to refer to the spelled acronyms. The medical and billing records of the client are filled with specialized abbreviations and acronyms that may provide crucial information related to the client’s claim. Even data reports referencing chemicals, specialized tests, and laboratory results come in “code” What is one to do when faced with the challenge of the “code”? There are various resources available on the internet with more arriving daily. I have made an attempt to summarize some of the various resources available. If you are not able to “crack” the “code”, it is advised you ask the entity providing the data where the “code” is found with a key or list of approved codes to enable you to clearly translate the document. Be aware that some abbreviations are regional, with differing abbreviations actually meaning the same thing. For example in medicine TKO and KVO mean the same thing, to run an IV at a rate that is just fast enough to overcome vascular resistance and keep the vein open (TKO = to keep open, KVO = keep vein open) Below are various sites available to assist in “breaking the code” Part One - Medical Abbreviations - Acronyms - General 1) International Medical Abbreviations: http://www.wyeth.co.uk/resources/m.htm 2) General Medical Abbreviations Look up: a) http://www.wyeth.co.uk/ b) Use the medical dictionary to look up the meaning of common medical terms, abbreviations, and medical names. This dictionary includes terms from diseases, symptoms, treatments, diagnostic tests, and many other medical terms. http://www.wrongdiagnosis.com/lists/dictaz.htm c) Medical Malpractice Terminology/Dictionary http://www.wrongdiagnosis.com/malpractice/dictionary.htm d) List of Medical Acronyms and Abbreviation http://www.wrongdiagnosis.com/lists/acronymns.htm 3) Pathology Abbreviation Look up: Pathologists use lots of abbreviations and acronyms. An acronym is an abbreviation of a phrase, where each letter of the acronym is added consecutively from the first letter of each of the words of the phrase. An abbreviation is a shortened form of a text-string, and all acronyms are types of abbreviations. The following is a list of over 12,000 abbreviations used in medicine http://www.euspirit.org/en/upload/984528174.37955/abbtwo.htm 4) JACHO/ Institute for Safe Medication Practices - Listing of dangerous and prohibited abbreviations a) By the end of 2004, JCAHO expected full compliance in all handwritten, print, and electronic media documents related to these dangerous abbreviations. Further details are available on the JCAHO Web site: http://www.jointcommission.org/NewsRoom/NewsReleases/nr_012506.htm
  • 11. b) In addition, the Institute for Safe Medication Practices (ISMP) has published a list of dangerous abbreviations relating to medication use that it recommends should be explicitly prohibited. It is available on the ISMP Web site: http://www.ismp.org/Tools/errorproneabbreviations.pdf 5) Acronym Glossary - Medical & Professional Degrees & Credentials http://www.sandiegobizmart.com/tools/t3_acronym_glossary.htm 6) Nursing Credentials/Acronyms AAS: Associates’ Degree Applied Science ACNP: Acute Care Nurse Practitioner ACLS: Advanced Cardiac Life Support ACRN: AIDS Certified Registered Nurse ANP: Adult Nurse Practitioner AOCN: Advanced Oncology Certified Nurse APN: Advanced Practice Nurse ARNP: Advanced Registered Nurse Practitioner ASN: Associates’ Degree in Nursing BC: Board Certified BCLS; BLS: Basic Cardiac Life Support C: C - connotes certification in a specialty area by the American Nurses’ Credentialing Center in one of several generalist and specialist practice areas. C-SPI: Certified Specialist in Poison Information CANP: Certified Adult Nurse Practitioner CAPA: Certified Ambulatory Perianesthesia Nurse CARN: Certified Addictions Registered Nurse CARN-AP: Certified Addictions Registered Nurse--Advanced Practice CCCN: Certified Continence Care Nurse CCM: Certified Case Manager CCNS: Certified Clinical Nurse Specialist CCRN: Certified Critical Care Registered Nurse CDDN: Certified Developmental Disabilities Nurse CDE: Certified Diabetes Educator CDMS: Certified Disability Management Specialist CDN: Certified Dialysis Nurse CDONA/LTC: Certified Director of Nursing Administration in Long-Term Care CEN: Certified Emergency Nurse CFRN: Certified Flight Registered Nurse CGA: Certified Gastroenterology Associate CGN: Certified Gastroenterology Nurse CGRN: Certified Gastroenterology Registered Nurse CGT: Certified Gastroenterology Technician CHN: Certified Hemodialysis Nurse CHPN: Certified Hospice and Palliative Nurse CHRN: Certified Hyperbaric Registered Nurse CHT: Certified Hemodialysis Technician CIC: Certified in Infection Control CLNC: Certified Legal Nurse Consultant CM: Certified Midwife CMCN: Certified Managed Care Nurse CMDSC: Certified MDS Coordinator CNA: Certified Nursing Assistant CNA: Certified in Nursing Administration CNA-A: Certified Nursing Assistant--Advanced CNAA: Certified in Nursing Administration, Advanced CNLCP: Certified Nurse Life Care Planner CNM: Certified Nurse-Midwife CNN: Certified Nephrology Nurse CNNP: Certified Neonatal Nurse Practitioner CNOR: Certified Nurse, Operating Room CNRN: Certified Neuroscience Registered Nurse CNS: Clinical Nurse Specialist CNSN: Certified Nutrition Support Nurse COCN: Certified Ostomy Care Nurse COHN: Certified Occupational Health Nurse COHN-S: Certified Occupational Health Nurse--Specialist
  • 12. COHN-S/CM: Certified Occupational Health Nurse--Specialist/Case Manager COHN/CM: Certified Occupational Health Nurse/Case Manager CORLN: Certified Otorhinolaryngology and Head/Neck Nurse CPAN: Certified Postanesthesia Nurse CPDN: Certified Peritoneal Dialysis Nurse CPHQ: Certified Professional in Health Care Quality CPN: Certified Pediatric Nurse CPNA: Certified Pediatric Nurse Associate CPNL: Certified Practical Nurse--Long-Term Care CPNP: Certified Pediatric Nurse Practitioner CPON: Certified Pediatric Oncology Nurse CPSN: Certified Plastic Surgical Nurse CRN: Certified Radiologic Nurse CRNA: Certified Registered Nurse Anesthetist CRNFA: Certified Registered Nurse, First Assistant CRNI: Certified Registered Nurse Infusion CRNL: Certified Registered Nurse--Long-Term Care CRNO: Certified Registered Nurse in Ophthalmology CRNP: Certified Registered Nurse Practitioner CRRN: Certified Rehabilitation Registered Nurse CRRN-A: Certified Rehabilitation Registered Nurse--Advanced CTN: Certified Transcultural Nurse CUA: Certified Urologic Associate CUCNS: Certified Urologic Clinical Nurse Specialist CUNP: Certified Urologic Nurse Practitioner CURN: Certified Urologic Registered Nurse CVN: Certified Vascular Nurse CWCN: Certified Wound Care Nurse CWOCN: Certified Wound, Ostomy, and Continence Nurse DNC: Dermatology Nurse Certified DNS: Doctorate, Nursing Science ENPC: Emergency Nursing Pediatric Course ET: Enterostomal Therapist (Now Wound, Ostomy, Continence Nurse) FAAN: Fellow, American Academy of Nursing FAAPM: Fellow, American Academy of Pain Management FCCM: Fellow, American College of Critical Care Medicine FNC: Family Nurse Clinician FNP: Family Nurse Practitioner FPNP: Family Planning Nurse Practitioner FRCNA: Fellow, Royal College of Nursing, Australia GNP: Gerontological Nurse Practitioner GPN: General Pediatric Nurse HHA: Home Health Aide IBCLC: International Board Certified Lactation Consultant L.Ac.: Licensed Acupuncturist LCCE: Lamaze Certified Childbirth Educator LNC: Legal Nurse Consultant LNCC: Legal Nurse Consultant Certified LPN: Licensed Practical Nurse LSN: Licensed School Nurse (In Minnesota) LVN: Licensed Vocational Nurse MICN: Mobile Intensive Care Nurse MN: Masters’ Degree in Nursing MSN: Masters’ Degree in Nursing NCSN: National Certified School Nurse NICN: Neonatal Intensive Care Nursing NNP: Neonatal Nurse Practitioner NP: Nurse Practitioner NP-C: Nurse Practitioner, Certified NPP: Psychiatric Nurse Practitioner
  • 13. OCN: Oncology Certified Nurse OGNP: Obstetric/Gynecology Nurse Practitioner ONC: Orthopaedic Nurse Certified PHN: Public Health Nurse PMHNP: Psychiatric Mental Health Nurse Practitioner PNP: Pediatric Nurse Practitioner RN: Registered Nurse RN,C: Registered Nurse, Certified RN,CS: Registered Nurse, Certified (Clinical) Specialist TNCC: Trauma Nursing Course Certified TNS: Trauma Nurse Specialist WHNP: Women’s Health Care Nurse Practitioner WOCN: Wound, Ostomy, Continence Nurse 7) Dictionary of Initials, Acronyms, and Abbreviations Used by Counselors and Social Workers http://www.counselingseattle.com/initials.htm 8) Abbreviations - International Federation of Medical Students Association - http://www.ifmsa.org/about/abbreviations.php 9) Stanford School of Medicine - Department of Medicine Resource Guide - Abbreviation Resource http://ostinato.stanford.edu/acronyms/alpha.asp?F 10) Abbreviations used in documentation for those with diabetes - http://www.diabetesmonitor.com/r03.htm 11) Medical and Pharmaceutical Spell Checker - Check the spelling of words online, also includes a link to look up medical abbreviations http://spellex.com/speller.htm 12) Abbreviations commonly used in writing prescriptions: a.c. before meals (Latin: ante cibum) b.i.d. twice daily (Latin: bis in die) b.i.n. twice nightly (Latin: bis in noctus ) c with (Latin: cum) cap capsule (Latin: capsula) d day (Latin: dies) daw Dispense as written, no substitutions gtt drop (Latin: gutta) h.s. bedtime (Latin: hora somni) noxt at night O.D. Right eye (Latin: oculus dexter) O.S. Left eye (Latin: oculus sinister) O.U. Each eye (Latin: oculus uterque) p.c. After meals (Latin: post cibum) pil Pill (Latin: pilula) p.o. By mouth (Latin: per os) p.r.n. As needed (Latin: pro re nata) q.d. Every day (Latin: quaque die) q.h. Every hour (Latin: quaque hora) q.2h. Every two hours (Latin: quaque secunda hora) q.3h. Every three hours (Latin: quaque tertia hora) q.4h. Every four hours (Latin: quaque quarta hora) q.q.h. Every four hours (Latin: quaque quarta hora) q.6h. Every six hours (Latin: quaque sex hora) q.8h. Every eight hours (Latin: quaque octa hora) q.i.d. Four times per day (Latin: quater in die) q.s. As much as is required (Latin: quantum sufficit) s. Without (Latin: sine) s.o.s. If necessary (Latin: semis) ss Half (Latin: sine) t.d.s To be taken three times daily (Latin: ter die sumendum) t.i.d. Three times a day (Latin: ter in die) t.i.n. Three times a night (Latin: ter in nocte) ut. dict. As directed (Latin: ut dictum)
  • 14. 13) Acronyms Frequently Used in Special/Gifted Education This list is not comprehensive; it is intended as a quick reference. http://ericec.org/fact/acronyms.html 14) Dictionary for Parents of Children with Disabilities - Download from this site: http://www.usd.edu/cd/publications/dictionary.cfm 15) Acronyms in the Helping Professions Here is a helpful list of some of the more common abbreviations and acronyms. The designations are broken down into several categories for your convenience. Many professionals will list both a license and a national certification. For example, a professional counselor may place both LPC (for Licensed Professional Counselor) and NCC (for Nationally Certified Counselor) after his/her name and degree. http://www.encouragementplus.com/acronyms.html 16) Physical Therapy Acronyms and Abbreviations http://physicaltherapy.about.com/od/abbreviationsandterms/a/PTabbreviations.htm 17) Various Departments of Disabilities, Aging and Independent Living - these agencies use a number of acronyms and abbreviations to describe its services and programs. The following list from the Department of Disabilities-Vermont includes some of the more common http://www.dad.state.vt.us/DSwebsite/facts/acronyms.html And this listing is from the U.S. Department of Health and Human Services - http://aspe.hhs.gov/daltcp/acronym.shtml Acronyms in Aging - AARP - This guide, published in 2005, identifies acronyms commonly used in the field of aging and provides brief descriptions of the entities to which they refer. The downloadable guide is found here: http://www.aarp.org/research/reference/agingtrends/aresearch-import-881.html Part Two: Medical Diagnosis/Code- Acronym Look Up 1) ICD-9 codes (Think of it as “Diagnosis” Code) http://www.cdc.gov/nchs/icd9.htm The International Classification of Diseases (ICD) is the classification used to code and classify mortality data from death certificates. The International Classification of Diseases, Clinical Modification (ICD-9-CM) is used to code and classify morbidity data from the inpatient and outpatient records, physician offices, and most National Center for Health Statistics (NCHS) surveys. 2) CPT Codes -Current Procedural Terminology (Think of it as “Procedure Code” upon which reimbursement is determined) https://catalog.ama-assn.org/Catalog/cpt/cpt_search.jsp?checkXwho=done CPT Codes describe medical or psychiatric procedures performed by physicians and other health providers. The codes were developed by the Health Care Financing Administration (HCFA) to assist in the assignment of reimbursement amounts to providers by Medicare carriers. A growing number of managed care and other insurance companies, however, base their reimbursements on the values established by HCFA. Since the early 1970s, HCFA has asked the American Medical Association (AMA) to work with physicians of every specialty to determine appropriate definitions for the codes and to try to determine accurate reimbursement amounts for each code. Two committees within AMA work on these issues: the CPT Committee, which updates the definitions of the codes, and the RUC (Relative Value Update Committee), which recommends reimbursement values to HCFA based on data collected by medical societies on the going rate of services described in the codes. 3) Medicare Unique Physician Identification Numbers (UPIN) - UPIN is a six-position alphanumeric identifier that is assigned to all Medicare physicians, medical groups and non-physician practitioners UPIN are assigned as follows: 1. Physicians (Medical Doctors) begin with A - M 2. Limited License Practitioners, e.g., Chiropractors, Dentist, etc, begin with T - V 3. Non-Physician Practitioners, e.g., Anesthesia Assistants, Physician Assistants, Clinical Nurse Practitioners, etc, are assigned P –S 4. Group Entities, e.g., Ambulance, Independent Physiological Lab, etc, are assigned W – Y
  • 15. 5. See below for the applicable Credential Codes: AA = Anesthesia Assistant AMB = Ambulance Service Supplier ASC = Ambulatory Surgical Center AU = Audiologist CH = Chiropractor CNA = Certified Nurse Anesthetist CNM = Certified Nurse Midwife CNS = Certified Clinical Nurse Specialist CP = Clinical Psychologist CSW = Clinical Social Worker DDM = Doctor of Dental Medicine DDS = Doctor of Dental Surgery DO = Doctor of Osteopathy DPM = Podiatrist FNP = Family Nurse Practitioner GRP = Group IDF = Independent Diagnostic Facility IPL = Independent Physiological Lab LAB = Laboratory MD = Medical Doctor MSC = Mammography Screening Center NP = Nurse Practitioner OD = Doctor of Optometry OT = Occupational Therapist PA = Physician Assistant PHS = Public Health Service PSY = Psychologist PT = Physical Therapist PXS = Portable XRay Supplier RNA = Certified Registered Nurse 4) Code Modifiers for Alternative Medicine - ABC codes and terminology are maintained and developed annually as consumers, individual practitioners, practitioner associations and other health industry organizations submit code requests that reflect current practices in alternative medicine, nursing and integrative healthcare. This is an attempt to fill in the “gaps” left from other coding, and is done to support research and compile data by practioner type. These include treatment by massage therapists, acupuncturists, etc. These may not be seen in traditional billing records, but may be referenced in charting or other records obtained from non- traditional medical sources http://www.alternativelink.com/ali/abc_codes/code_mode.asp Part Three: General References 1) General Acronym Look Up This is a neat tool for when you need to know what a special Acronym means. What is great about this electric dictionary is it returns a list of appropriate matches, BUT lets you further sort by categories such as : Most common (default), information technology, military/government, science/medicine, organizations, slang/chat, etc. http://www.acronymfinder.com/ 2) Abbreviationz (from a-z on the net) - Search or browse more than 305,000 abbreviations or acronyms. You can create and maintain your own list of terms. http://www.stands4.com/ 3) Acronyma- Database of more than 460,000 acronyms and abbreviations. Results can be displayed alphabetically or according to “importance”. Also can search in several languages http://www.acronyma.com/ 4) The WorldWideWeb Acronym and Abbreviation Server - This site has acronyms and their expansions. http://silmaril.ie/cgi-bin/uncgi/acronyms 5) Investigative Resources - Investigative Resources International has maintained this database since 1995 as a service to the investigative and legal communities. They are continually updating and improving the site with selected links to searchable databases and research sites. Open and Public record sources from the US as well as foreign countries are included. http://www.factfind.com/public.htm
  • 16. 6) General Reference “Bookshelf” Great source of references to all kinds of information - abbreviations, definitions, standards, codes, travel, media..you name it ..it’s here! http://www.ecoplan.org/general/referenceshelf.htm 7) Governmental/Military Acronyms The Federal Government tends to use abbreviations and special terms a great deal in their documentation. This is a listing of some from the Department of Defense and Veteran’s Affairs http://www.pbm.va.gov/PBM/acronyms.pdf 8) Compendium of Environmental Acronyms - Association of Engineering Geologists http://web.umr.edu/~aeg/arco/arco.html 9) Electronic and Engineering Acronyms and Abbreviations http://www.interfacebus.com/Engineering_Acronyms.html 10) CAS (Chemical Society of America) - Standard Abbreviations and Symbols http://www.cas.org/ONLINE/standards.html#listinga 11) Chemical look up by abbreviation or name, with links out to data sheets, MSDS sheets and other information www.chemfinder.com 12) National Weather Service - Weather Acronyms http://www.srh.weather.gov/jetstream/append/acronyms_a.htm 13) Abbreviations and Acronyms of the U.S. Government http://www.ulib.iupui.edu/subjectareas/gov/docs_abbrev.html 14) Glossary of Internet Abbreviations: Email and Chat Shorthand: Part One: http://netforbeginners.about.com/cs/netiquette101/a/abbreviations_p.htm Part Two: http://netforbeginners.about.com/cs/netiquette101/a/abbreviations_2.htm Part Three: (emoticons/smilies) http://netforbeginners.about.com/cs/netiquette101/a/bl_emoticons101_2.htm Remember, there may be more than one definition of the “code” you are trying to “break”. You have to consider the context in which it is used, the setting and even the region of the country. These resources are only meant to be a guide, taking into account new resources are added daily as well as others are being discontinued. Reprinted with permission of the author. Janabeth F. Taylor, R.N., R.N.C. has a degree in Nursing from Oklahoma State University and Litigation Paralegal Certificate from the University of Oklahoma Law Center. She was a nursing instructor for ten years and has been a medical legal consultant since 1990. Ms. Taylor is currently President/Owner of Attorney’s Medical Services, Inc. in Corpus Christi, TX. In 2002 she was named the Association of Trial Lawyers of America’s Paralegal of the Year. She provides litigation support for attorneys across the United States and specializes in case reviews and Internet information resources. Her website is http://www.attorneysmedicalservices.com and her e-mail address is jana@attorneysmedicalservices.com ANNOUNCEMENT and REMINDER! Membership Contest Reinstated As an incentive to recruit new members, we are reinstating our annual Membership Contest. Each time your name appears on the referral line on an application received for a new member, your name will be put in the hat for a drawing at our Annual Meeting. First, second and third place prizes will be awarded. Watch future issues of The Paralegal Advocate for announcements on the prizes to be awarded and for running totals on our recruiting efforts.
  • 17. Career Chronicles Who Are You? Name: LaFran Plunk Title: Domestic Violence Paralegal for the West Tennessee Legal Services How Did You Get Into This Area of Expertise I started out working for the law firm of Reynolds and Reynolds in Savannah, Tennessee as a legal assistant. I began my career working in Family Law and Social Security claims. After 3 years with Reynolds and Reynolds, I decided to become the Campaign Manager for Chancellor Ron Harmon’s judicial campaign in the 24th Judicial District of Tennessee. After a successful election I began my career with West Tennessee Legal Services where I have worked in various divisions of Legal Services for over 8 years. Responsibilities As a Domestic Violence Paralegal, I work directly with the abuse victims to make sure first, they obtain any immediate medical attention. From there I do a legal-needs assessment to define what problems the client has. I ensure that the client has knowledge of and is provided all of the services to which she is entitled. I assist the client in preparing an Order of Protection and I also accompany the client and the attorney to court, to make sure that the client gets the “feel” of the court room environment and that she feels comfortable there. I also have the responsibility of building a file for the DV attorney, which contains photographs taken on the day that I interview the client and then 4 days after, obtaining any medical reports, checking all criminal activity on the abuser and making sure that we have certified copies for the court. I ensure that we have proper security in the court and that the client is always escorted out with proper protection. Sometimes she will even be escorted to her home after these hearings. If the attorney is not able to attend the Order of Protection hearing, I will attend and act as a facilitator for the client to make sure that everything is secure and flows easily. I work with the client to ensure she is confident in her decision to go forward with the Petition. After the DV hearing I contact the local 911 department to advise them of the client’s situation, and provide copies of the restraining order and any other court documents that the local Police Department and the Sheriff Department may need. Most importantly, I offer an educational component to the client where I teach her how to make her family and herself safer in the environment in which they are living. Favorite Resources I work with the Drug Task Force officers and the TBI agencies in my district as well as the local DA’s office. I use many websites that will check to see if the abuser has ever been in prison and I love to use Westlaw to see if the abuser has any felony charges and what assets he may be trying to hide. My attorney calls me “Colombo.” I love the forensic part of collecting evidence of the scene and in the photographing of the clients. I use the Tennessee Coalition Against Domestic Violence website www.tcadsv.org and Mark Wynn’s website www.markwynn.com which has many resources links in regard to Domestic Violence. In My Spare Time . . . I am an instructor in the “Cut It Out” program sponsored by Clairol, The National Cosmetology Association and Southern Living. This program teaches the cosmetology student what signs to look for in a domestic violence
  • 18. victim and how to be a referral tool to the client so she can get out of the abusive lifestyle that she is living in. I am one of five people for the State of Tennessee chosen to teach the “Cut It Out” Program. I also serve on the Board of Directors for WRAP (Women’s Resource & Rape Assistance Program) and the Tennessee Alliance for Legal Services and Access to Justice in conjunction with the Tennessee Bar Association. I sit on the Board of Habitat for Humanity and am the West Regional Director for the Tennessee Paralegal Association. I serve on the Domestic Violence Task Force in Hardin County and on the Drug Alliance Committee for McNairy County. Advice For Becoming A Paralegal In This Field You have to be able to do your job and then leave it at the office because if you don’t it will take a toll on your mental and physical health. You must also learn to get as much satisfaction as possible from the victories, so you can go on to other cases that might not turn out as well. Attending as many seminars as you possibly can and having a wonderful attorney that will allow you to have full reign on building the case file for court are always a plus! East Tennessee Chapter Report Our chapter has met the third Thursday of every month since January. We have an average of 12 to 17 people at each meeting. Our chapter rotates each month’s meeting between Oak Ridge and Knoxville. The structure of the meetings also rotates as to format. For two months we have a speaker/lecture and the next two months we have workshops. We decided to follow this pattern to cater to individuals who may only be able to attend the meetings in one of the cities, and this way they have the benefit of both formats. Our first workshop was in March and the topic was medical records. We had three local paralegals discuss the different aspects of working with medical records - obtaining, organizing, and analyzing. April’s workshop was on useful websites, and May’s lecture was on blue book citations. All three workshops had great group participation. Our June meeting featured Attorney William Allen’s presentation on the Tennessee Consumer Protection Act. Future topics are set to include: preparing trial exhibits; ethical issues facing today’s paralegals, motions for summary judgment, preparing workers’ compensation claims, and a review of a local law library. Our chapter agreed on two community service projects: Career Closet and Legal Aid Society of Tennessee, Inc. The Career Closet collects new pantyhose and season appropriate suits for lower income women to use for job interviews. Our chapter took donations during the months of March, April and May. We collected two suits and cash donations for the purchase new pantyhose. During the fall we will donate our time and service to Legal Aid Society of Tennessee, Inc. Our Chapter was a sponsor for the Knoxville Bar Association’s Legal Tech Expo on April 28, 2006, along with SMPA. Our role was to promote and encourage attendance for the free afternoon session. As most of you know, our Chapter is providing its members with a monthly newsletter. It has been a great success and has received many acknowledgments. The success of the newsletter is credited to Dawn Holt of Butler, Vines & Babb. Our current goal is to increase membership and maintain attendance at the meetings. Tracey A. Williams East Tennessee Chapter Chair Reflection of the Spring Seminar: April 7 & 8, 2006
  • 19. We express our great appreciation to the speakers & the West Tennessee Chapter for a wonderful educational seminar and weekend of networking & fellowship. Thank you very much. Large Case Management, Presented by (1) C. Mark Donahoe, Esq. & Jamie Alkins, DEX Imaging Wrongful Distributions of Funds from Med Mal and Death Cases, Presented by (2) Drake Martin, Esq. Changes In Social Security, Presented by (3) John Ketcherside, Esq. Workers’ Compensation Reform, Presented by (4) Phyllis Smith, DOL Human Trafficking & Immigration, Presented by (5) Amber Beckham, Coordinator World Relief NETS For Robin H. Kimbrough, Esq. (TALS) & Criminal Mock Trial – Presided Over by (6) Hon. Jim T. Hamilton Hosted by: The West Tennessee Chapter, TPA – (7) Tammy Bradford, Chairperson (6) (4) (1) (7) (5) (2) (3)
  • 20. 2006 TPA Officers and Board Members (contact the officers/board members via our website: www.tnparalegal.org) President: Susan E. Veal, Miller & Martin PLLC, Chattanooga First Vice President: Tracey A. Williams, CBA, Mostoller, Stulberg & Whitfield, Oak Ridge Second Vice President: Peggy S. Bates, Chambliss, Bahner & Stophel, PC, Chattanooga NALA Liaison: Caleeta L. Beagles, CLA, Blue Cross Blue Shield of TN, Chattanooga Secretary: Tammie C. Murphy, CLA, Toppenberg & Burke, Knoxville Treasurer: Phyllis A. Carter, CTFA, SunTrust Bank, Chattanooga East Region Director: Alisa C. Pruett, Baker McReynolds O’Kane Atkins & Thompson, Knoxville West Region Director: LaFran Plunk, West Tennessee Legal Services, Jackson East Tennessee Chapter Chair: Tracey A. Williams, CBA, Mostoller, Stulberg & Whitfield, Oak Ridge S.E. Tennessee Chapter Chair: Louise C. Mulderink, CP, Shumacker Witt Gaither & Whitaker, Chattanooga West Tennessee Chapter Chair: Tammy R. Bradford, Hill Boren PC, Jackson Parliamentarian: Rosemary L. Williams, CLAS, Shumacker Witt Gaither & Whitaker, Chattanooga Historian: Susan Westmoreland, CEBS, Horton, Maddux & Anderson, Chattanooga Publications Chair: Laysha M. McCullaugh, The Fleissner Firm, Chattanooga NALA Campus LIVE! 2006 Fall Session
  • 21. The 2006 Fall Session of NALA Campus LIVE! will feature the largest lineup yet, with at least 26 presentations from August through November. The program includes substantive legal topics, information useful to being a more effective paralegal, and several CLA review subjects. Presentations dealing with management and leadership in NALA affiliated associations, as well as other topics of general interest to paralegals may be added to the schedule as they are developed. An outstanding roster of professionals will make the presentations in the LIVE! format. Participants log on for the presentations through their computers and a long-distance conference call. The “real-time” aspect of this format allows participants to ask questions through their computer keyboards for response by the presenters. Presentations set for this session are: August— “Trial Preparation” by Karen Sanders-West, ACP, JD “Ethics” by Vicki Voisin, ACP “Using Legal Nurse Consultants Effectively” by Mitzi Wortman, RNC, CCM, LNCC. September— “PowerPoint™ for Paralegals” by Kathleen H. Miller, CP, CAS “Civil Litigation, Part 1 and 2” by Karen Sanders-West, ACP, JD “HIPAA Privacy” by Thomas Head, Attorney “Legal Research” by Virginia Koerselman, Attorney “Effective Communication Skills” by Kathryn Myers, Associate Professor “Using Paralegals as Jury Consultants” by Mary Kubichek, MA, BS, JD “Deciphering the Medical Record” by Amy Temkin, Paralegal “E-Discovery” by Dorothe J. Howell, CLA “Fact Analysis and Interpretation for Paralegals” by Patricia J. Gustin, CP, CFEI. October— “Elder Law Issues II” by Mitzi Wortman, RNC, CCM, LNC “Power Up Your PowerPoint™” by Kathleen H. Miller, CP, CAS “Immigration and Employment Issues” by Michelle Gossett, CLA “Written Communications” by Virginia Koerselman, Attorney “Lease Purchase Financing” by Mary Parrish Coley, CLA, and Roxanne Crouch, Paralegal “Equitable Distribution” by Belinda Thomas, CP, ACP, NCCP “Product Liability Litigation for Paralegals” by Patricia J. Gustin, CP, CFEI “Successful Leadership Techniques and Meeting Strategies” by Sharon Robertson, ACP “What Do You Mean…Execute, Witness, Attest, Notarize and Apostille?” by Mary Willard, ACP, NCCP. November— “Basic Business Organizations” by Kelly LaGrave, ACP “Workers’ Compensation Law Overview” by Mitzi Wortman, RNC, CCM, LNCC “Effective Use of the Internet for Paralegals” by Karen Sanders-West, ACP, JD “Judgment and Legal Analysis” by Virginia Koerselman, Attorney. Registration for LIVE! presentations is $75 per course for NALA members, and $100 for non-members. Special fees are offered for multiple participants at single sites. NALA members and others interested in continuing paralegal education will be advised by e-mail of upcoming courses and provided with hyperlinks to the appropriate registration screen. Complete details regarding course descriptions, dates and times, and information on the presenters is available at NALACampus.com. Contact: Krista Lower – Manager, Educational Services; National Association of Legal Assistants 1516 S. Boston Avenue, Suite 200, Tulsa, OK 74119 (918) 587-6828; (918) 582-6772 (fax); klower@nala.org AUNTIE EM DIED AND I HAVE THE WILL By Rosemary H. Williams, CLAS
  • 22. It has been two months since we buried Auntie Em and I received the funeral home’s statement for their services. The bank will not allow me to withdraw the funds from Auntie’s account to pay the funeral bill no matter how many times I remind them I have Auntie’s power of attorney because they say the power of attorney ceased at Auntie’s death. Nobody told me that. I try to explain this to the bank officer, but she stands her ground and reminds me that I have no authority to remove the funds. I tell her that I am named as executor in Auntie’s will so that should mean something. The bank officer asks to see the original Letters Testamentary with the raised seal issued to me by the probate court that appoints me as Executor and gives me the authority to withdraw the funds. After all, the bank officer explains, without Letters Testamentary issued from the court I don’t have the authority to act as the executor of Auntie’s estate – I am only the person named in her will to serve, but not to act as such without the official certified Letters Testamentary. The bank officer suggests that I call a lawyer to help me probate Auntie’s will in order to obtain Letters Testamentary if I want the funds. As I walk away from the bank, I wonder how in the world I will pay the funeral bill of which the funeral home has ever so firmly reminded me is seriously past due. I have no choice but to call that nice lawyer who helped Auntie with her estate planning to assist me with probating her will. I hope going to probate court is not like going to court on television. If I don’t hurry, I will be late for my meeting with the lawyer but at least I will have found copies of all the bank and brokerage statements so the lawyer can review how the assets are titled. I recall from our brief conversation that only the accounts titled just in Auntie’s name alone are subject to court supervision – probate assets he called them – and that those with a named beneficiary may pass directly to the beneficiary and not according to the terms of Auntie’s will. Won’t that wicked cousin Wanda be mad when she sees that Auntie made me beneficiary of her stock account and not her! I mean, who cares if wicked Wanda gets one third of Auntie’s estate, the stock account passes directly to me and I get one third of the estate too! Probate is over – it was actually quite easy and not at all like on television – and I have my certified Letters Testamentary to take to the bank. Now I’m getting somewhere: I am officially the Executor of Auntie Em’s estate and have the authority to act as such by closing Auntie’s accounts and opening an estate checking account so that pushy funeral home can be paid. Oh, but all those dates to remember and all those duties I must perform as Executor! There’s Auntie’s final income tax return to be filed to report income up to her date of death. There are copies of Auntie’s will to be mailed to the beneficiaries, but I think the lawyer said we have 60 days to mail the copies and to file an affidavit with the court to prove the copies were mailed. The lawyer wants the names and addresses of all of Auntie’s creditors so his paralegal can send a copy of that little Notice to Creditors that was in Friday’s paper to them to alert them that they have four months in which to file their claims. That paralegal sure is a nice lady – I wish she could advise me because her billing rate sure is less than that lawyer’s rate! At least I have nine months from Auntie’s date of death to file some kind of death tax return – inheritance tax return for the State of Tennessee to be exact, and if Auntie’s assets total $2,000,000, some kind of federal estate tax return. Auntie didn’t have $2,000,000 worth of assets, and since her assets are less than $1,000,000, the lawyer doesn’t believe we will owe the State of Tennessee any inheritance tax and we can file the short form inheritance tax return. If all goes well, the lawyer says, and if that wicked Wanda doesn’t cause any trouble, we can close Auntie’s estate as soon as all the tax returns are filed, and any taxes paid, as soon as all the assets are gathered into the estate and the creditors paid, and of course as soon as the lawyer is paid. He even said I won’t have to go back to court to close the estate because it can be closed by submitting documents to the court signed by all the beneficiaries to acknowledge that they have received their share of the estate and by me signing one as Executor to acknowledge that I have fully administered the estate. This may not be so bad after all – not nearly as bad as people have led me to believe the probate process can be. Let’s hope wicked Wanda behaves.
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  • 24. Message from The Paralegal Advocate Team We would appreciate your contribution to The Paralegal Advocate by submitting articles of interest to you to be published. Please note the deadlines for each edition and feel free to provide any information you would like published prior to the deadline. If you would like to have articles published on specific topics in the Advocate, please contact us. - The Paralegal Advocate Team SAVE THE DATE: November 10 & 11, 2006 Our 2006 Annual Meeting & Seminar is set for November 10 & 11 in Nashville. Watch your e-mail and the next issue of The Paralegal Advocate for details!  THE PARALEGAL ADVOCATE is published quarterly by the Tennessee Paralegal Association, an affiliate of the National Association of Legal Assistants, Inc. Articles and other information for the newsletter should be sent to the Advocate Team at the following address: Tennessee Paralegal Association Attention: Advocate Team Post Office Box 305 Knoxville, TN 37901-0305 or advocate@tnparalegal.org DEADLINE FOR ISSUES: SUMMER: JUNE 30, 2006 FALL: SEPTEMBER 30. 2006 WINTER: DECEMBER 31, 2006 Tennessee Paralegal Association P.O. Box 21723 Chattanooga, TN 37424