NFPA 2007 Tech Institute

In case you have not heard, the National Federation of Paralegal Associations ("NFPA") is hosting the first annual legal tech conference geared specifically towards paralegals. The conference will be held in Pittsburgh, PA, on July 19-20, 2007. NFPA has been a buzz lately about the conference and the excitement it has roused within the paralegal community. I have been very impressed with the seminar topics that are published on NFPA's website www.paralegals.org. The topics range from advanced sessions on courtroom and trial presentation software tricks and tips to more general information sessions on internet websites and technology tricks for paralegals. I hope to see you all there. (click here)

Report from the 2007 NFPA Regulation Conference in Dallas, TX

California, Texas, Florida, Washington, Indiana, Illinois, Pennsylvania, New York, Arkansas, Oregon, Minnesota, Connecticut…..They converged from all corners of the country to meet in Dallas, Texas on March 17-18, 2007, to obtain and to share information regarding implementation of regulation of the paralegal profession. All twenty-six attendees were there with one focus……to see that regulation and standards are implemented for the paralegal profession.

Presentations were made by NFPA representatives describing various forms of regulation, licensure, certification and registration, as well as the status of regulation efforts nationally. Understanding the legislative process, working with bar associations and lobbyists as well as the connection between PACE and regulation were other topics presented.

National Paralegal Regulation Status

Wisconsin is seriously considering paralegal licensure by its petition for licensure pending on the Supreme Court’s list of Pending Rules and Petition. The State of Minnesota closely watches Wisconsin and will likely follow suit upon Wisconsin’s implementation of paralegal licensure.

North Carolina, a pioneer in paralegal regulation, presently has a voluntary paralegal certification program through the North Carolina State Bar Association that went into effect in 2004 and now requires successful completion of an examination.

Florida has worked diligently and appeared to be close to paralegal regulation through its legislature and bar association, but the paralegal organizations of Florida are still working toward coming together on agreement as to exactly what standards they wish to be implemented.

In June, 2006, the Ohio State Bar Association established a voluntary credential program for paralegals in Ohio which provides for certification requiring specific educational standards and experience, the completion of an examination and continuing legal education.

The New Mexico Supreme Court has established minimum standards for the use of the occupational title of “paralegal”.

California has enacted legislation that defines the occupational title of “paralegal”, sets standards for those people who use the title “paralegal” and defines and limits the functions that paralegals can perform. It differentiates “paralegals” from “legal document assistants.”

The State Bar of Texas adopted a voluntary specialty certification program for paralegals in 1974 which was structured after the voluntary specialty certification program for attorneys in Texas. After successful completion of a specialty certification examination, one may use the credential, “Board Certified Legal Assistant – [Area of Law].”

We were happy to report that Proposed Rule 2.2 is pending before the Indiana Supreme Court and will again be a topic for discussion at the ISBA Annual Meeting in October, 2007.

Internationally, the Ontario government recently passed legislation extending protection to consumers who hire independent paralegals. Paralegals will be required to receive training, carry liability insurance and report to a public body that can investigate complaints. This legislation is effective May 1, 2007.

The Bottom Line

It is very clear that the dedicated professional paralegals are determined to see that standards and criteria be agreed upon and implemented to allow the paralegal profession to be quantified and held to expectations and stated standards by the trained, educated professionals that make up the paralegal profession.

Thanks to DAPA

The Dallas Area Paralegal Association provided first class hosting for this conference in its selection of an excellent meeting facility at Esquire Depositions, providing sumptuous food, goodies, gifts and fabulous Texas hospitality. Our thanks go to DAPA for hosting this conference.

2008 Regulation Conference

The Indiana Paralegal Association, Inc. has communicated to NFPA that it is ready and willing to host the next NFPA Paralegal Regulation Conference in 2008. Such a conference held at our central national location would attract many attendees.

We will keep you posted.

Janet S. Logan, C.P.
Paralegal Regulation Committee Chair
Indiana Paralegal Association, Inc.
Email: jlogan@kdlegal.com

Edna Wallace, R.P.
NFPA Primary Representative
Indiana Paralegal Association, Inc.
Email: emw@whzlaw.com

A Paralegal's View of The ABA Techshow

By: Courtney David Mills
IPA Technology Director and Litigation Paralegal at Hall Render Killian Heath & Lyman, P.C.

As I write this article, I am on the train heading back from Chicago after four (4) days of legal tech submersion at the annual The America Bar Association Legal Techshow. The ABA Techshow is an annual gathering of the most prominent legal techies from across the country and some say in the entire world. It includes; lawyers, paralegals, IT professionals, litigation support specialists, law librarians, office managers, etc . I was very impressed with the turn-out of Indiana Paralegals during the convention, but somewhat surprised at the lack of CLE courses directed towards paralegals. However; overall, I believe the conference was a success, and I am already looking forward to next year’s conference. Below are some of the highlights of the conference.

Collaboration Tools in the Legal Field:

The first CLE track that I attended was directed towards Google Docs, Wikis and other web tools used to collaborate with clients and co-counsel on documents and projects. For those that are not familiar with the above applications, Google Docs is essentially a free web-based program (you access it using a web browser and do not download any software) that is designed to allow people to create, edit, and collaborate on word processing documents and spreadsheets in real time. Wikis are essentially editable web pages that use the same general principles as mention above. The most famous Wiki is probably Wikipedia which is an online encyclopedia written, updated, and edited by users. This track also discussed some features of Adobe Professional 8.0 that you allow you send PDF documents to clients and colleagues for review and comment. The exciting part of the new line of Adobe Acrobat products is that as long as the originator of the document has Adobe Standard or Professional 8, the end-users who are actually reviewing the document only need Adobe Reader 8 (free product available for download) in order to make comments on the document. This track also discussed a newer Microsoft product, MS Office Groove, which allows users to set-up teams for working on projects. It allows users to collaborate, review and edit MS Office documents, including power point projects, spreadsheets, presentation documents, etc., in real time, while working with one set of documents (instead of floating version around by email). I believe that many people see this kind of collaborative engagement as the future of the legal profession and the business world in general. These collaborative products give a team the ability to have a centralized copy of a project or single document that is stored on a secure server. The authorized users can review, edit and collaborate on the document. This replaces the old fashion methods of emailing different versions to colleagues, etc. It also makes the location and work schedules of the participants largely irrelevant. You could have a physician expert in New York, an attorney at a deposition in Houston, and a paralegal in Indiana all working on cross examination questions / outline for an opposing expert who is being deposed in Houston.

Courtroom Technology:

There were several CLE sessions discussing judges' opinions on courtroom technology and Electronic Evidence Presentation (“EEP”). A lot of these discussions centered around the under utilization of EEP in real world litigation. Several of the judges admitted that when they speak to jurors following some form of EEP (even something as simple as a power point presentation played during closing statements), they discovered that overwhelmingly, jurors appreciated the use of technology and were surprised that it was not being used more often. There were also some exciting products on display that give an idea about the immediate future of courtroom technology. There were computers with 55 inch plasma screens that enabled users to show evidence as 3-D objects that could be manipulated and controlled from the computer. There were large white boards that used projection technology and touch screen technology to essentially allow users to work interactively with documents or other forms of evidence, i.e. presenting documents on large screens, circling key words or using your hand as a highlighter to highlight key evidence on the screen.

Document Automation:

When I saw the track title about document automation, I was thinking about mail merge features in Word and Word Perfect that allow users to create a template letter, and merge the template with a list of addresses that will create a stack of letters for you in seconds. This form of document automation is simply a very sophisticated version of copying and pasting. The newer programs available are the next generation of document automation. There are new software programs that are designed for document intensive areas of the law, i.e. probate law, contract work, etc. These programs essentially automate many of the functions that an attorney/paralegal will do when opening the case. If you paste the caption, and answer some quick "interview questions", i.e. who is the injured party or decedent, are the parties male or female, what type of case is it (you select from a set of pre-programmed templates)? The program will create all documents that you have set it to create, i.e., your initial letter to your client acknowledging representation, letters to insurance carrier regarding same, initial discovery requests to Plaintiff and co-counsel, an appearance, and initial motion for enlargement of time, etc. The program fills in the correct names, dates, pronouns, singular/plural references, and other details using a form of artificial intelligence. It automates the entire process, and can essentially complete the work that usually takes an attorney, paralegal, and secretary several hours, in several minutes. However, there are several downsides to this technology. For instance, a system as described above takes time and money to set-up on the front-end (and will save time in the long run). Also, these systems are really designed towards project based billing practices or flat-fee billing systems.
Conclusion:

As I discussed above, the ABA Techshow is a chance for legal techies to get together and talk about current issues, i.e. the best practices for production of ESI, new legal tech software, websites, etc. Another new feature at this year’s techshow is the ability to sign-up for dinners with the speakers. You sign-up for whatever topic/speaker you would like and the Techshow staff makes the arrangements and reservations, etc. You get to enjoy a nice meal and really get to talk to the presenters. The ABA Techshow has been welcoming to paralegals from across the country and since the conference is held in Chicago, it has been especially convenient for Indiana Paralegals. I keep telling my colleagues that the attorneys are going to be increasingly looking to paralegals and litigation support specialists for answers to legal technology questions. I hope to see even more Indiana Paralegals at next year’s tech show.

Blog of the Month:

ABA Techshow Blog: The ABA Techshow Blog is regularly updated by the Techshow presenters and staff. You will catch the latest and greatest from the Techshow faculty.

http://feeds.feedburner.com/ABATECHSHOWblog

Website of the Month:

You Send It: If you have ever been frustrated while trying to send a large document or PDF to someone and getting a bounce-back message due to size limitations for the recipients email system, this website is for your. This is a free service that allows you send large files to someone. You essentially upload the file, enter the receipiant's email address and your email address the systems send the other person and email (it looks like it is from your email address) with a link to the file. The person clicks on the link, and down loads the file. Best of all, its free.

http://www.yousendit.com/

Tremendous showing of Indiana Paralegals at ABA Techshow

The ABA Techshow is going well and is a tremendous success. Some new features this year include a larger and more diverse vendor floor and dinners with the presenters. The spots filled up quickly, but the show supervisors have been trying to arrange additional dinners. The keynote address following lunch yesterday included a discussion with Hon. Shira A. Scheindlin, the judge who authored the Zublake decisions.

The attendies include lawyers, paralegals, IT professionals, litigation support specialists, office and practice managers, etc. The following persons are listed on the ABA list of conference attendies from Indianapolis, Indiana:

Pamela Badger - Wooden & McLaughlin
Stacy Bissonnette - Price Waicukauski & Riley, LLC
Robin Bradford -
Monica Dabio - Price Waicukauski & Riley, LLC
Nancy Dowe - Hall Render Killian Heath & Lyman, P.C.
Patrick Grayson-Denmark - Bingham McHale
Ryan Ledbetter - The Nice Law Firm
Abigal Martin - Betz & Associates
Deanna Medsker -
Courtney David Mills - Hall Render Killian Heath & Lyman, P.C.
Robert Rath
Kenneth Reese - Lewis Wagner
Kathi Trimble - Baker & Daniels LLP
Angela White - Bingham McHale

I know that the persons identified in bold are paralegals and members of IPA. I'm not sure about the background of the others, but apoligize ahead of time for any paralegals that missed.

ABA Tech Show is almost here!!!

The ABA Tech Conference is about 2 days away. There are more than 50 CLE sessions to choose from with topics geared toward every aspect of the law firm environment; solo practitioners, paralegals, associates, HR directors, IT, litigation support, finance, practice management, vendors, clowns, hobos and a dunk tank. Okay, I made the few up, but you get the point. It's the legal geek's paradise. Hope to see you there. If you are still interested, get your butt to Chicago for onsite registration (click here).

Equivocal Demand Letters Did Not Trigger Duty to Preserve; No Duty To Run System-Wide Key Word Searches

Cache La Poudre Feeds, LLC v. Land O' Lakes, Inc., 2007 WL 684001 (D. Colo. Mar. 2, 2007)

I suppose the moral of this story is that Plaintiff's counsels need to be very clear in pre-litigation demand letters regarding the potential or imminence of litigation. Also, they should state a duty to preserve datat.

I believe the other moral of the story is that anyone who thought the changes to FRCP were going to make opposing counsel sit around and sing Koom-by-ya, may have been slightly off in their prediction.

What Can Adobe do For You?

By: Courtney David Mills
IPA Technology Director and Litigation Paralegal at Hall Render Killian Heath & Lyman, P.C.

During the early implementation of Case Management and Electronic Case Files (“CM/ECF”) in 2002, the Federal Judiciary made a decision to adopt Adobe Acrobat (a.k.a. PDF files) as its standard file format in its electronic filing/docket system. Despite its popularity in the federal judiciary, some legal professionals are still apprehensive about PDF files. This article will provide a brief background about PDFs, discuss some misconceptions about PDFs, and also focus on a few features that make PDFs such a great file format for the legal field. One of the most unique things about the PDF file format, is that name of the file actually explains a lot about why PDFs are so important and versatile.

The name of the file, PDF, stands for Portable Document Format. One of most useful features of PDFs is that the contents of the file look the same regardless of the settings on the users’ computers (hence the term “portable”). It doesn’t matter if you using a PC or a Mac, viewing the file on a computer or website in the U.S. or a computer halfway around the globe. The file will look the same. The secret to this feature is that a PDF's font and format information are stored as part of the actual file itself. This is one reason that PDFs can only utilize certain fonts and formatting information. Another important feature of PDFs also leads to some of the greatest misconceptions about PDFs; namely, that PDFs, like onions, have layers.

In its most basic form, a PDF is just a picture or image of an actual document. This simple PDF is very similar to another image format, TIFF. What makes PDFs more unique is the ability to manipulate and work with the imaged document. PDF can have a layer of text, a layer of comments (including underlining, highlighting, cross-outs, etc.), and even integrated functions like hyperlinks and bookmarks (creates a table of contents with links to particular sections of the document). PDFs can be larger more complex files that utilize one or more of the above features, or they can be more compact basic image files. The ability to take advantage of the above features depends in large part, on what version of Adobe Acrobat you have loaded on your PC.

The three (3) versions of Adobe Acrobat are; Adobe Reader, Adobe Standard, and Adobe Professional. The versions of Adobe are also named in order of release. At the time of this article, the most current version was Adobe 8. Adobe Reader is a free program available for download. It allows the users to open, and review PDFs, but users are otherwise limited and cannot edit PDFs. Adobe Standard and Adobe Professional are very similar products, and you can checkout adobe's website to compare specific features of each product. The following section will discuss Adobe Professional 8, which is Adobe latest (available $159 – upgrade from previous versions of Adobe Acrobat, $449 for the full version).

Adobe Professional 8 has a lot of new features that are designed specifically for the legal field. The following segment will focus on three (3) features that show the potential for Adobe Professional 8 in the legal field; redaction tool, built-in Bates numbering, and an improved OCR engine.

Redaction Tool:

The Redaction Tool is a new feature that is only found in the Adobe Professional 8 software package. The redaction tool allows you securely redact information from PDF files. This feature is more or less a necessity in the e-discovery world where large amounts of information is being stored, and produced in PDF format. The ability to redact certain information saves the need to prepare mixed productions (regular documents in electronic format, and privileged documents in paper form). The two (2) basic forms of electronic redaction have always been to either “cover-up” or “remove” certain information. Adobe Professional 8 uses the “remove” technique which basically erases or removes a section of the document or image. This redaction tool is guaranteed effective and secure. The only warning is that this redaction is permanent and cannot be reversed (which I suppose is the whole point). When using this feature, Adobe will warn you several times before completing the redaction and encourages you to save a back-up copy of the file before redaction. The redaction feature is also part of the commenting package. This essentially allows a paralegal or associate to mark a section for redaction, send the file to the lead attorney for final review/approval, and then click accept redactions (which then redacts the information).

Bates Numbering:

Built-in Bates numbering is also an exciting feature of Adobe Professional 8. It allows you Bates number a 10,000 page PDF in a matter of seconds with any bates numbering system that you would like. You can use letters, numbers, and even symbols. You can select different fonts and specify the location of the Bates number on the page. You can also choose to print/produce the document with or without the Bates numbers. This feature is especially nice in a world where most records are scanned at some point for integration into a document management system or litigation management system. With high-speed printers and copiers, it is almost always easier to scan the records, use the electronic Bates numbering tool, and the re-print the records for either production or to utilize as a working set of records. The original records can then be stored in the file as a secure, unaltered original for litigation purposes.

Improved OCR engine:

Although OCRing (Optical Character Recognition, a.k.a. scan to text) has been available on previous versions of Adobe for several years, the OCR engine in Adobe Professional 8 is actually worth getting excited about. It can OCR thousands of pages within hours. The accuracy is very impressive, even with faded or second generation copies of documents. This feature can essentially turn a box of documents into searchable PDF file within a matter of hours. Most of the work is done by the computer, so the human time involved is extremely limited and thus cost-effective. The OCRing feature in Adobe is called “paper capture.”

In summary, the PDF file format is a standard format in both state and federal courts. Due to the complexity of the file format and the myriad of options available, there are a lot of misunderstandings about PDFs in general. PDFs can be regular image files (much like regular TIFF files), or they can have layers with searchable text, comments, etc. The newest version of Adobe Acrobat (Adobe Professional 8) was specifically designed with the legal professional in mind. The tools featured in Adobe Professional 8 are quickly becoming a required program for litigation paralegals, especially those who are involved in e-discovery.

Blog of the Month:

Acrobat for Legal Professionals. This blog features great tips for legal professionals who utilize Adobe. It is updated about every 1-2 weeks with a new article or discussion.

http://blogs.adobe.com/acrolaw/

Website of the Month:

Indiana State Climate Office. This website is a great tool to research all sorts of whether and climate information stored since 1996. It compiles vast amounts of data from whether stations across the state. It can tell you whether it was rainy and slick at 8:30 a.m. on the morning of April 14, 2000 (as a litigant contends). It reports very, very detailed information on visibility conditions, temperature, wind speed, precipitation, etc. All reports are free.

www.Iclimate.org
http://www.agry.purdue.edu/climate/data_auto.asp
http://www.agry.purdue.edu/climate/data.asp
(the above links are directed to different sections of the same website)