1. TPA is an
affiliate of the
National Association
of Legal Assistants
INSIDE THIS ISSUE:
INSIDE THIS ISSUE:
♦ President’s Message
♦ “To Sign or to Not Sign…”
- Article by Chris Whaley
♦ Congrats New CP’s
♦ Upcoming CLA Exams
♦ NALA Campus Live
♦ Upcoming Fall Seminar &
Annual Meeting
♦ Announcement/Reminder
♦ Scholarship:
Lawassa B. Jones
♦ 2008 Officers/Board
♦ Local Chapters
Information & News
♦ Publication’s Chair Message
♦ Sustaining Members
Tennessee Paralegal Association
Post Office Box 21723
Chattanooga, TN 37424
http://www.tnparalegal.org
PUBLICATION OF THE TENNESSEE PARALEGAL ASSOCIATION
President’s MessagePresident’s MessagePresident’s MessagePresident’s Message
As summer comes to an end it is time to start thinking about all the things that are
ahead of us: Halloween, Thanksgiving, Christmas, and of course our Annual/Meeting
and Fall Seminar. It will be held at the Brentwood Hilton again this year during the
weekend of November 7 & 8. I hope to see everyone there, I know that Tammy is
working hard at making this one of the best yet.
Laysha McCullaugh and I attended the NALA Annual Convention in Oklahoma City
the last week of July and had a wonderful time. I really got to know Laysha during
our time together and her passion for our profession and association was contagious!!
We made several contacts within the structure of NALA and other associations. Old
and new ideas were brought up that I hope will come to light in the near future.
The board is looking into revamping our website and hope to have more information
available at the Fall Seminar. We will also be unveiling more new ideas at the Annual
Meeting.
I have started a new committee that will be looking again at the idea of trying to work
with the local and State bar associations and other exciting opportunities for our
profession. Jennifer Petty, Laysha McCullaugh, Susan Veal, and Nita Gorman have
agreed to work with me on this committee. If anyone else is interested in
participating, please let me know.
We have found a company to order items with our state logo embroidered on them at
reasonable prices. We will have a few attaché bags available for sale at the Fall
Seminar, and will be looking at other items in the future.
It is time for anyone who is interested in running for a state office to declare their
candidacy. Below is a list of the positions that we will be voting on, and the names of
members who have declared their candidacy as of now. We welcome any current
member to run for any office that is open, even if there is already someone that has
made a declaration.
President: Tracey Williams
1st
VP: Tammy Bradford
2nd
VP: ____________________
Secretary: ____________________
Treasurer: Phyllis Carter
NALA Liaison: Laysha McCullaugh
West TN Director: ____________________
East TN Director: ____________________
Jura personarum: right of a person; rights of persons. In closing, remember that my
door (or should I say e-mail) is always open to comments, questions, complaints or
criticism. I am here to serve you as the leader of YOUR association. I encourage
each of you to ask for your jura personarum from our association, but remember you
have to voice your opinion for it to be known. So again I encourage each of you to
attend our Annual Meeting/Fall Seminar and to let your opinion be known. Also,
remember to vote on November 4, 2008, it is your jura personarum.
Tracey A. Williams, CBA
TPA President
Fall 2008 Volume 26 Number 2
2. To Sign or Not to Sign . . . Not for Vols, but Maybe for Tar Heels
A signature always reveals a man's character - and sometimes even
his name.
~ Evan Esar
**See if this sounds familiar:
Abel Attorney: Paula, I’m here in {you pick the county} and I just remembered that the {you pick the
pleading} must be filed today.
Paula Paralegal: Sure, no problem Abel.
Abel: Great, thanks! Just one more thing – I haven’t signed it yet. Just be sure to sign my name before
you file it.
Paula: Um, Abel . . . Isn’t that UPL on my part?
Abel: No, no – I’m directing you to do it, on my behalf, so it’s okay.
Paula: I’m not comfortab—
Abel: (interrupting) I said, I’m directing you to do it. Take care of it for me.
Okay, my scriptwriting is a bit cheesy (Hey, there’s no sound in the article so I couldn’t include the soap-opera-
like organ music at the end of every, dramatic statement). Melodrama aside, the substance of the above predicament may
sound similar to a conversation you’ve had with your supervising attorney – they’re in a pinch and you’re being asked to
sign a pleading to help them out.
In Tennessee, it’s crystal clear that the signing of pleadings is included within the ‘practice of law’. Consider
Tenn. Code Ann. § 23-3-101(3):
“Practice of law” means . . . the drawing of papers, pleadings or documents . . . in connection with the
proceedings pending or prospective before any court . . .
Certainly, the ABA Guidelines for the Utilization of Legal Assistants makes clear that paralegals may draft pleadings, as
long as the attorney is ultimately responsible for the document, including the necessity that the attorney reviews and signs
it. In short, if she’s a paralegal in Tennessee, Paula needs to find a way to have Abel sign the pleading – or, perhaps
another attorney in the firm can sign, with permission of course.
Why bring up an issue that’s as well established and sturdy as the U.S financial markets . . . well, er . . . hmm,
perhaps this bears a second look. To my surprise, I found that North Carolina has charted a new course in this area (hey,
no Tar on their Heels . . . sorry, bad football season joke). Consider Formal Ethics Opinion 13 of the North Carolina
State Bar, passed on Oct. 20, 2006
“ . . . allowing an attorney, if warranted by exigent circumstances, to delegate to a paralegal the signing of his or
her name to court documents and pleadings “only if 1) the signing of a lawyer’s signature by an agent of the
lawyer does not violate any law, court order, local rule, or rule of civil procedure 2) the responsible lawyer has
provided the appropriate level of supervision under the circumstances and 3) the signature clearly discloses that
another has signed on the lawyer’s behalf.” The opinion goes on to say that the paralegal must never sign the
document in his or her own name and states that “to do so violates the statutes prohibiting the unauthorized
practice of law.” I find it interesting that the opinion specifically identifies paralegals as appropriate signers in
these circumstances and not other non-attorney staff.” (Stacy Hunt: LAT Ethics Roundtable, March/April 2008)
I know of no other state that permits this type of delegation (if you do, please correct me). In addition, it is
curious to me that the first caveat to the permissive delegation refers back to UPL statutes, which are usually the same
statutes prohibiting this action in the first place (Is anyone else dizzy? I feel as though we’re going in circles . . .).
3. The long and short of it is that Tennessee law does not permit paralegal signing of pleadings – however, North
Carolina is more permissive. I’d really like to hear from you on this issue? Is Tennessee’s prohibition the appropriate
rule (Why?) . . . or . . . is the North Carolina delegation rule, and the flexibility it allows, more appropriate (Why?). I’d
like to spend a few words next time on the responses I receive. Thanks!
Christopher L. Whaley, J.D. is Dean of Social Science, Business & Education as well as Professor of Law and Director of
Legal Studies at Roane State Community College. Any disparaging remarks regarding U.S Financial Markets are likely
an attempt to console himself as to the beating his 401K has been taking. You can e-mail him at whaleycl@roanestate.edu
CONGRATULATIONS!
Jennifer L. Berkon, CP of Hendersonville, Tennessee;
Kathy L. Hughes, CP of Lakeland, Tennessee;
And
Airolyn T. Loggins, CP of Memphis, Tennessee
FOR PASSING THE JULY 2008 CLA EXAMINATION
LAST 2008 CLA/CP CERTIFICATION EXAM COMING UP!
December 5 – 6, 2008
2009 CLA/CP CERTIFICATION EXAM
Filing: January 15, 2009 Exam: March 20 – 21, 2009
GO TO www.nala.org FOR ADDITIONAL DETAILS
NALA CAMPUS LIVE!
Fall Program Online – Schedule of Presentations
August through November 2008
GO TO http://www.nalacampus.com FOR ADDITIONAL DETAILS
4. FALL SEMINAR & ANNUAL MEETING
HILTON SUITES BRENTWOOD, TENNESSEE
NOVEMBER 7 & 8, 2008
SPEAKERS AND TOPICS
Matt Massarelli, Esq. – Legal Transaction Documents
Kathy Ferrell RN, BS, CLNC – Legal Nurse Consulting
Gail Ashworth, Esq. – Personal Injury
Lisa Collins, Esq. – Adoption
Marietta Shipley, Esq. – Mediation
ANNOUNCEMENT AND REMINDER!ANNOUNCEMENT AND REMINDER!ANNOUNCEMENT AND REMINDER!ANNOUNCEMENT AND REMINDER!
Membership Contest:
Recruit – Recruit – Recruit
As an incentive to recruit new members, we have 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.
5. LAWASSA B. JONES MEMORIAL SCHOLARSHIP COMING UP AT FALL SEMINAR!
The Tennessee Paralegal Association (TPA) will announce its annual Lawassa B. Jones Memorial
Scholarship recipient at its Annual Meeting on November 8, 2008. The Lawassa B. Jones Memorial
Scholarship is a $750 scholarship that is awarded annually to a student pursuing a degree in paralegal/legal
assistant studies. All current paralegal/legal assistant students are eligible and are encouraged to apply. Many
of our scholarship applicants have gone on to become successful paralegals!!
The criteria that the TPA Board members review in awarding the scholarship include financial need, scholastic
ability, leadership and extracurricular activities. The application along with a letter of personal recommendation;
a letter of scholastic recommendation (including an official copy of the student’s transcript); and a short
statement explaining the student’s reasons for applying for the scholarship and why he/she chose to become a
paralegal must be sent to the TPA Scholarship Committee Chairperson at the address listed on the application
by October 1st
of each year. Please do not send your completed application to the TPA Post Office Box as that
could delay the processing of the application.
After the winner of the scholarship is announced by the Board, the recipient is immediately notified by mail and
a check in the amount of $750.00 is forwarded to the recipient’s school to be credited to the recipient’s account
for future use for tuition, books and any other school related items and expenses.
For further information concerning the Lawassa B. Jones Memorial Scholarship, please contact:
Caleeta Beagles at Caleeta_Beagles@BCBST.com
Or go to our website @ tnparalegal.org/scholarship.html and download an application.
2008 TPA Officers and Board Members
(Contact the officers/board members via our website: www.tnparalegal.org)
President: Tracey A. Williams, CBA, Mostoller, Stulberg, Whitfield & Allen, Oak Ridge
First Vice President: Tammy R. Bradford, John D. Hamilton Attorney at Law, Jackson, Tennessee
Second Vice President: Louise C. Mulderink, CP, Husch Blackwell Sanders LLP, Chattanooga
NALA Liaison: Laysha M. McCullaugh, Fleissner, Davis and Johnson, Chattanooga
Secretary: Melissa Gerber Ledbetter, Grant, Konvalinka & Harrison, Chattanooga
Treasurer: Phyllis A. Carter, SunTrust Bank (Retired), Chattanooga
East Region Director: Alisa C. Pruett, Knoxville, Tennessee
West Region Director: LaFran Plunk, West Tennessee Legal Services, Jackson
East TN Chapter Chair: Nita Gorman, Gary A. Davis and Associates, North Carolina
S.E. TN Chapter Chair: Melissa Ledbetter, Grant, Konvalinka & Harrison, Chattanooga
West TN Chapter Chair: Jennifer Petty, Trenton
Historian: Susan Westmoreland, CEBS, Horton, Maddox & Anderson, Chattanooga
Publication Chairs: Laysha M. McCullaugh, Fleissner, Davis and Johnson, Chattanooga &
Susan E. Veal, Miller & Martin PLLC, Chattanooga
6. CHAPTER
INFORMATION & NEWS
East Tennessee Chapter
Our monthly meetings are held the 3rd
Thursday of each month at 6:30 p.m. and alternate between
Knoxville and Oak Ridge. Please contact Penny Wilson at pwilson@bvblaw.com or Nita Gorman at
ngorman@enviroattorney.com for information regarding the meeting location and CLE topic.
Officers:
Nita Gorman, Chapter Chair, ngorman@enviroattorney.com
Penny Wilson, Vice Chairperson, pwilson@bvblaw.com
Pamela Leckey, Secretary
Tracey Williams, Treasurer, TWilliams@msw-law.com
Dawn L. Holt, East TN Chapter Newsletter Editor, dholt@colemanedwardspc.com
West Tennessee Chapter
The West TN Chapter of the Tennessee Paralegal Association met on April 8, 2008, to make final
plans for our part in helping with the Madison County Bar Association's Law Day Celebration held
April 25, 2008. Our chapter has been responsible for table decorations and name tags, as well as
presentation of the Ernie Gray Paralegal Utilization Award. The recipient of this year's award was
presented to Ms. Jane Jarvis, Attorney with West Tennessee Legal Services. Ms. Jarvis' nomination
was submitted by LaFran Plunk, who was also recognized.
On June 10, 2008, our Chapter met at the Old Hickory Steakhouse in Jackson, and was joined by a
new paralegal to the area, Susan Banks. Discussion included the possibility of revamping our
questions for the Ernie Gray Paralegal Utilization Award and having a "town hall" type local seminar
in the future, highlighting the latest changes in the exemption laws in the state of Tennessee.
Our August 12, 2008 meeting was held at Red Lobster in Jackson. Our membership decided to
make personal contributions to our chapter and wait until after the spring 2009 seminar to plan our
"town hall meeting". The next meeting of the West Tennessee Chapter will be October 14 at the
offices of Nix, Patterson & Roach, LLC in Jackson. We'll discuss officers for the coming year,
submission of a nomination for the West Tennessee Regional Director, and the Annual Membership
Meeting and Fall Seminar. We'll also continue to plan for our Spring Seminar for TPA in 2009.
Officers:
Jennifer Petty, Chapter Chair, jlhp@bellsouth.net
Amy Cummings, Vice President, acummings@hillboren.com
Courtney Snydor, Secretary, court3275@bellsouth.net
Barbara Salinas, Treasurer, bsalinas@pictsweet.com
7. Southeast Tennessee Chapter
Our monthly Learn-at-Lunch meetings are held the 3rd
Tuesday of each month at 11:30 a.m. at the
United Way Building in downtown Chattanooga. Our speakers provide information on timely topics in
the legal field and CLE credit is provided through NALA.
Officers:
Melissa Gerber Ledbetter, Chapter Chair, mledbetter@gkhpc.com
Melinda Killian, Secretary, Melinda@tombiblelaw.com
Lynn Hager, Treasurer, hager@chattanoogainjurylaw.com
Interim Program Chair – Melissa Gerber Ledbetter & Lynn Hager
Melissa Ledbetter & Lynn Hager stepped in as the interim program chairs after the former chair
resigned this position. These two individuals are among the numerous dedicated members of our
association. We recognize and appreciate their time and contribution.
Furthermore, Melissa is representing our association at Chattanooga State and recently made an
appearance on Channel 3 news. This is only one of the public forums in which she has so far
promoted our profession. Go to the below link to see. We are very proud of her.
http://www.wrcbtv.com/global/video/flash/popupplayer.asp?ClipID1=2892828&h1=Paralegal%20Inter
est&vt1=v&at1=News&d1=98367&LaunchPageAdTag=News&activePane=info&rnd=78125887
PublicatiPublicatiPublicatiPublications Chair Messageons Chair Messageons Chair Messageons Chair Message
OKLAHOMA….. Here we come! Tracey and I attended the NALA convention in Oklahoma City almost two
months ago now. The excitement in going and being there is hard to explain. I wish all of us could go. It would be
even better than our fantastically fun fall seminars in Nashville!
Do not misunderstand. I look forward to each of our seminars and our Fall Seminar and Annual Meeting is the one I
look to forward most. . Generally, more members are able to come to this seminar, and we get to share great
presentations together, socialize/network and learn more from each other.
The NALA convention is on a completely different scale though, as the attendees consist of paralegals and legal
assistants from across our nation. A broader spectrum of new ideas is exchanged, as well as new technology and
approaches to being more proficient and knowledgeable in our careers. The camaraderie of fellow paralegals and
legal assistants is apparent when you walk into the convention hall, meeting rooms or hallways in between. The idea
of all of us being able to go and share such an experience would be phenomenal. Yes, the idea is highly improbable;
as coordinating our availability would be nearly impossible and this does not even take into consideration the
monetary commitment for registration and the associated costs of attending. It is a great thought though; and ….
We--Tracey & I--brought back new ideas and concepts to share with each of you. We hope to share them with you in
person at our Fall Seminar, coming up on November 7 & 8, in Brentwood, Tennessee. Various correspondences
may already have made you aware of a few of these ideas. One idea we wish to implement is the ability to
communicate more efficiently. It is a project we hope to establish through our website. Once we reach the stage
where we can establish this new communication avenue, all our members will be able to contact each other more
easily and be under a secure connection. There are a few steps we will have to complete first; but when we reach this
stage we will have a solid, secure, statewide network all members could access. The North Carolina Paralegal
Association was the inspiration for this idea, and we will be using them as a model to accomplish this goal.
Please, if you are not able to attend this year’s meeting, let us know beforehand so we may apprise you of what will
be presented. In addition, make sure you complete a proxy form and return it as the form directs you too.
- Laysha M. McCullaughLaysha M. McCullaughLaysha M. McCullaughLaysha M. McCullaugh
8. -
Remember the Sustaining Members That SuRemember the Sustaining Members That SuRemember the Sustaining Members That SuRemember the Sustaining Members That Support Us!!!!!pport Us!!!!!pport Us!!!!!pport Us!!!!!
Tracy Imaging Roane State Community College National Networks Reporting, Co.
http://www.tracyimaging.com http://www.rscc.cc.tn.us/ http://www.nnrc.com/
Gibson Court Reporting The University of Tennessee at Chattanooga London & Amburn, P.C.
http://gibsonreporters.com/ http://www.utc.edu/ http://www.latlaw.com/
The University of Tennessee at Knoxville Miller & Martin, PLLC Records Acquisition Services, Inc.
http://www.outreach.utk.edu/ http://www.millermartin.com/ https://www.rastn.com/
University of Tennessee also offers this site for paralegals: www.utparalegal.com or call: (865)974-0150
Truesdel & Rusk Registered Professional Reporters Precise Reporting, Inc.
http://www.truesdelrusk.com/ http://precisereporting.net/
The Norcross Group
http://www.norcrossgroup.com/
9. Message From
The Paralegal Advocate Team
We would appreciate your contribution to
The Paralegal Advocate by submitting
articles of interest to be published. Please
note the deadlines for each issue and feel
free to submit any information you would like
published prior to the deadline.
If you would like to have articles published
on specific topics in The Paralegal
Advocate, please contact us.
- The Paralegal Advocate Team
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 21723
Chattanooga, TN 37424
Or lmccullaugh@comcast.net
DEADLINES FOR UPCOMING ISSUES:
WINTER: DECEMBER 31, 2008
SPRING: MARCH 31, 2009
SUMMER: JUNE 30, 2009
FALL: SEPTEMBER 30, 2009