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  • 01/10/2015 8:46 PM | Deleted user

    The winter 2014/2015 CAPA Recap is now available at the members only CAPA page.  Check it out!

  • 01/08/2015 9:02 PM | Deleted user

    In case you missed this gem from last summer - it's well worth reading!

     

    Are you calling yourself certified? Chances are you're mistaken.

    Question mark2Here we go. One more time! I know I’ve written about this a few months back. However, the topic keeps coming up: certification vs. certificate.  There is a difference and at some point, if you are declaring yourself “certified” when you only have a certificate, trouble is coming. Guaranteed.

    A few weeks ago, a Bar Association contacted me to represent the Organization of Legal Professionals (OLP) on a panel regarding the merits of certification. “Who is going to be on the panel with me?” I asked. The Bar rep answered, “The “other” organization providing an eDiscovery certification exam and two training organizations." I was unaware those two training organizations offered certification exams. I thought they offered certificate courses. Turns out they don't offer certification exams. Even the Bar Association doesn’t know the difference. This is downright embarrassing – and dangerous.

    Confusing whether you are certified or you have received a certificate from a course or program is a universal mistake. I don’t believe anyone or any organization is deliberately giving out the wrong information. I think of it as mass confusion with no undertaking to correct the situation. The problem is, whether inadvertently or not, you are misrepresenting yourself.  For an industry that is based upon factual investigation, this speaks pretty poorly for the legal community.

    Here’s the simple explanation: In order to be certified, you must take a rigorous exam from a non-biased third party, one that adheres to the best practices of the National Commission of Certifying Agencies (NCCA), generally in a separate facility, that demonstrates your skills, knowledge and experience. If you take a course and are handed a certificate, that is a certificate of completion or achievement. It means that you understand what went on in the course. It is in no way an indication that you are certified nor can you place credentials after your name – even if you took a final exam. That exam only assesses what you learned in the course.

    A course teaches or trains you. A certification assesses your overall knowledge and skills. According to the National Commission of Certifying Agencies (NCCA), the absolute authority on certification exams:

    • "In contrast to certification and licensure, an assessment-based certificate program is an educational or training program that is used to teach learning objectives and assess whether those objectives were achieved by the student."  [The assessment  may be made via an exam as part of the course but does not signify  certification.]    
    • A certification program is designed to test the knowledge, skills, and abilities required to perform a particular job, and, upon successfully passing a certification exam, to represent a declaration of a particular  individual's professional competence." National Commission of Certifying Agencies (NCCA)

    In other words, take a course, even take a final exam that tests your knowledge of what you learned in the course and you are not certified. Take an official certification exam, pass it, and you are certified and can place credentials after your name.

    The ABA does not certify any individual nor paralegal program. It approves a qualified paralegal program only. Here is what the ABA says in part regarding “certified” and “certificated” paralegals.

    “It is important to distinguish between a paralegal certificate and certification.  The terms are often 
    confused.  The terms are not interchangeable and have separate meaning.  A certificate verifies  that a student has successfully completed a paralegal educational program.

    A certified paralegal is one that has successfully completed a certification exam or other 
    requirements of the certifying organization. Certification is the process through which an organization
    grants formal recognition to an individual that meets certain established requirements. This may includemeeting educational requirements, prior work experience as a paralegal and passing an examination. 
    Once the paralegal has met these criteria, they may use a special designation namely, “certified 
    paralegal.”

    NALA, the National Association for Legal Assistants, offers an excellent certification exam. To prepare one takes plenty of knowledge and bucks. OLP's eDiscovery and Litigation Support Certification exams each took over 18 months, 27 subject matter experts, several Ph.D's applying the science of psychometrics, surveys and beta testing. I'm quite sure NALA did the same.

    If that doesn’t clear it up, here’s an excellent chart from the American Language and Speech Association. 

    Certificate

    Certification

    Results from an educational process.

    Results from an   assessment process.

    For both newcomers and   experienced professionals alike.

    Typically requires some amount of professional experience

    Awarded by educational programs or institutions.

    Awarded by a third party, standard-setting organization.

    Indicates completion of a course or series of courses with specific focus; is different than a  degree granting program.

    Indicates mastery/competency as measured against a defensible set of standards, usually by application or exam.

    Course content set a variety of ways (faculty committee; dean; instructor; occasionally through defensible analysis of topic area).

    Standards set through a defensible, industry-wide process (job analysis/role delineation that results in an outline of required knowledge and skills).

    Usually listed on a resume detailing education; may issues a document to hang on the wall.

    Typically results in a designation to use after one's name (C.P.H., C.H.E.S.); may result in a document to hang or keep in a wallet.

    Is the end result; demonstrates knowledge of course content at the end of a set period in time.

    Has on going requirements in order to maintain; holder must demonstrate he/she continues to meet requirements. C.E.U.'s are continuing education units. For example, RN's and other allied health professionals are required to complete annual   C.E.U.'s to keep their licensure.

    Provides the basis and gateway for achieving a degree.

    No relationship with attaining higher education or degree.

    The terms certification and credentials and designation are also often confused or used incorrectly.

    • Credentials attest to someone's knowledge or authority. Credentials can be a degree earned, e.g., M.P.H. and/or a list of published papers.
    • Certification is a process that results in credentials.
    • designation simply refers to the letters someone uses after their name (M.D., Ph.D., C.P.A.).

    Why am I on my high horse once again? Because:
    a) Confusing the terms says you don’t know your career. How sad is that? You need to be able to represent yourself correctly. Saying you are certified when you received a certificate of completion or achievement after completing either a course or even a 3-day workshop is not only a misnomer, it could be construed as misrepresentation. Would a lawyer say he/she is a lawyer if they didn’t take the Bar exam?

    b) Your firm has hired someone who may be claiming expertise beyond reality. Still a cause for termination as far as I know.

    c) Your firm has misrepresented to their client that you are credentialed when you are not. Here’s how that might go: Client loses case. Turns to firm and says, “You told me you had certified professionals. You don’t.” Law suit? The firm turns to you and says, “You represented that you were certified. You’re not.” Law suit? Termination? You turn to the organization who claimed you were certified after taking their program, seminar or course. You get the picture. Potential chaos just waiting to happen.

    I have witnessed candidates losing job opportunities because employers realize the candidate knows nothing about their job. I have witnessed perfectly solid legal professionals otherwise embarrassing themselves by claiming they are certified when they are not. Even the organization that told you that you were “certified” may be confused. I don’t think anyone out there is doing it for any other reason than confusion.  I wish I could say that I was such a great person that I'm good natured about this. I know I need a little work in this arena. I just keep thinking, "This is the legal field. Aren't we are supposed to know the difference?"

    Let me say it again. Take a program; a course; a 3-day seminar and get a certificate. You are not certified. This applies to paralegal programs, seminars, webinars, online courses and more. Take a genuine certification exam according to the best practices of NCCA, one that applies the science of psychometrics; is fair and non-biased, generally given in a secured facility; sometimes proctored; and with legitimate credentials based on knowledge, skills and experience. You have probably just gotten certified.

    Why is this so important? Because the legal field should not be so confused. Not only is it humiliating, more importantly it is a clear statement we’re not doing our research. What else are we missing? Sure, we all make mistakes. However, what on earth does that say to clients? Let’s pull together and turn this around. It’s the right thing to do. 

  • 11/04/2014 6:37 PM | Deleted user
    Winner 2014.xps

     

    Congratulations, Kevin! 

  • 11/03/2014 6:31 PM | Deleted user

    Considering Law School? 

     

    LSAC Law School Forums Flyer (1).pdf

     

  • 10/27/2014 9:24 PM | Deleted user

    Joining the 2014 Board next year will be:

    Secretary:  Sarah Herbert

    Members-at-large:  Colita McCullough, Gloria Cheng, Hillary Pearsall, Rosemary Sena, Michael Halvorsen, Devasta Dede De’Toles-Dugan, Thomas Farrell, Arlene Soulette and Christopher Zavrel. 

  • 10/27/2014 9:04 PM | Deleted user

    The SFPA congratulates Kevin Hayes from San Francisco State University's paralegal program.  Kevin's essay on the ethical considerations unique to a paralegal acting as an independent contractor under California Law, was chosen as the best submission in the 2014 scholarship award.

     

    The SFPA also recognizes the runners-up; Nya Green from Cal State East Bay and Devorah Montosa from JFK University whose essays were also top quality and made the Board's decision especially difficult.

     

     

     

  • 10/15/2014 8:23 PM | Deleted user

    http://www.jimlamping.com/uploads/Lamping_SFPA_Slides_10.14_FINAL.pdf

     

    Click on the “Lectures and Education” tab and click on the link for the October 14, 2014 program.

  • 09/29/2014 8:24 PM | Deleted user

    www.sfpa.com


     
     
     


    Dear friends and members of the San Francisco Paralegal Association;

    Our annual meeting is now less than a month away.  We are looking forward to a great event on October 24th at the San Francisco Bar Association offices, complete with breakfast and lunch, three top-notch MCLE presentations and vendor presentations provided by the Association’s sustaining membership.

    However, we must not lose sight of the primary function of the Annual Meeting itself, which is to select our leadership for the coming year.

    This year, I am proud to announce that membership was at a ten-year high. 

    Unfortunately, our member participation is at an all-time low.  And in order for the SFPA to thrive, it must have greater involvement from you, its members.  Our future, quite literally, depends on it. 

    Less than 3% of our almost 450 members participate in a practice section, volunteer on the pro-bono committee or step up to join the Board of Directors.  I do not believe that this is a sustainable ratio in which our Association can succeed.

    The SFPA has a remarkable and proud past.  In the early 1970’s our founding members helped to define and promote the creation of what was then an entirely new subset of legal professional - the paralegal.  They did this not only in the Bay Area, but on a national level as one of the founding members of the National Federation of Paralegal Associations.

    As the paralegal profession continues to change and broaden, we need to be taking an active part in shaping that change.  We also need to build a strong leadership core in order to increase our promotion and production of the skill-building and continuing education programs on which our membership depends.

    We are currently in an excellent position to once again grow into the influential, model organization that is the SFPA’s legacy.  What we need are a few more dedicated, involved people to help take us there.

    If you have ideas on how the Association can improve, join the Board.   If you can think of better ways that the Association can communicate to the membership, or if you have ideas on holding workshops that will benefit the membership, join the Board. 

    If you want to develop your leadership skills and credentials for that next promotion or job search, join the Board. If you want to represent the SFPA on a state-wide level and become more active in the process of how paralegals are regulated in California, here is your opportunity. Join the Board.

    If you’ve experienced frustration over the lack of diverse practice sections in the SFPA, join the Board.  Lead a practice section.  Have a few hours a month to spare, and have the know-how to help improve our website and our social media?  Step up. Take the initiative.  Get involved and make a difference.

    It cannot be repeated enough: this is YOUR Association and you get out of it what you put into it.

    Below, please find the nomination ballot for the 2015 Board and Officers.  I sincerely hope that you will consider joining our next team of leaders.

    Thank you for your time and attention, and on behalf of the Board of Directors, I look forward to seeing you at the Annual Meeting.

    Very truly yours,

    Ian Elkus,

    President, SFPA

    2014 Board of Directors


    Logo.jpg

     

    Board of Directors/Officers

     Nomination Form 2014


    Any SFPA member may place in nomination the name of any SFPA voting member.  If you are a voting member you may place your own name in nomination.  Each person who is nominated for office will be contacted by the Elections Officer, Diane Rames, and asked to accept or decline the nomination.  If a person is nominated for more than one office, the nominee will be asked to choose the office for which they wish to run.

     

    Please complete this form (you do not have to nominate someone for every office) and return it to info@sfpa.com or via USPS to the address below no later than October 10, 2014.  If sending via email, please type Elections in the subject line.    Nominations will also be taken from the floor at the Annual Meeting on October 24, 2014, after which nominations will be closed.

     

    The following Officers and Directors currently serving are eligible for nomination for re-election in 2015:

     

    President:                    Ian Elkus

    Vice-President:           Elizabeth Olvera

     

    Directors:                    Susan Jaffe

                                       

                                       

     

     

    I, _________________________________________, NOMINATE THE FOLLOWING INDIVIDUAL(S) AS CANDIDATES(S) FOR THE 2015 SFPA BOARD OF DIRECTORS (please print or type clearly):

     

     

    PRESIDENT:_____________________________________

     

     

    VICE-PRESIDENT:_______________________________________

     

     

    TREASURER:____________________________________

     

     

    SECRETARY:____________________________________

     

    DIRECTORS-AT-LARGE:  

     

    (1)___________________________________________

     

     (2)___________________________________________

     

    (3)___________________________________________

     

    (4)___________________________________________

     

     (5)___________________________________________

     

    (6)___________________________________________

     

     

    Return this form no later than October 10, 2014:

    Via email to info@sfpa.com  (subject line: Elections)

     

    Via USPS to:

    Elections

    San Francisco Paralegal Association

    1 Sansome Street

    Suite 3500

    San Francisco, CA  94104

     

    Nominations will be tabulated and ballots provided to the membership by email and at the Annual Meeting.  One set of nominations per member.  One vote per voting member.

     

    Questions or concerns?  Email to info@sfpa.com, subject: Elections Q&A



    --------------------------------------------------------------------------------------------------

    Duties of Officers described below:

    President

    The San Francisco Paralegal Association's President's responsibilities are governed by section 8.4-1 of the Association's Bylaws Supplement.

     The President is the chief executive officer of the Association, the chairperson for all Board meetings, the administrator of all internal affairs, and the ex officio member of all committees and practice sections. The President's responsibilities include:

     Advancement of the paralegal profession in the San Francisco Bay Area, the State of California, and elsewhere;

    The main job of the President is to advance the paralegal profession by overseeing the operations of the Association and continuing to expand its influence. Overseeing the operations of the Association means active involvement in the day-to-day affairs of the Association, as well as effective delegation of responsibilities to other Association leaders. Day-to-day affairs include continued financial solvency of the Association in coordination with the Treasurer, maintained compliance of the Association with federal and state nonprofit laws in coordination with the Secretary and Treasurer, and targeted communication with interested parties to advance the official positions of the Association with the Board.

     Networking with interested parties from corporations, law firms, and other nonprofits to expand the reach of the Association;

    In coordination with the Marketing and Membership Committee Chair or Co-Chairs, the President shall develop a comprehensive marketing plan aimed at expanding the Association's reach into corporations, law firms, and other nonprofits in the San Francisco Bay Area. The President may also coordinate with other committee and practice section chairs and co-chairs to advance professional initiatives with these interested parties.

     Networking with leadership for other paralegal associations;

    The other two paralegal associations in the San Francisco Bay Area are the Paralegal Association of Santa Clara County (PASCCO) and the Redwood Empire Association of Paralegals (REAP). Another important legal professional association in the San Francisco Bay Area is the Mount Diablo Legal Professionals Association (MDLPA). The President is responsible for maintaining positive relationships with these associations for future legislative efforts and professional development projects. Part of the Association's budget may be allocated for the President for networking, but only with the approval of the Board.

    Drafting agendas for all Board meetings; and,

    A template Board meeting agenda is available at Stationery under Directors. The template will need to be updated if a new committee or practice section is adopted by the Board.  Once the agenda is drafted, the President will be required to forward this agenda to the Secretary for inclusion in the Board meeting materials no later than one (1) week before the upcoming Board meeting.

     

    All other responsibilities as assigned by the Board.

    The President must respect the decision of the Board of Directors to assign additional responsibilities.

     

    Secretary

    The San Francisco Paralegal Association's Secretary's responsibilities are governed by section 8.4-3 of the Association's Bylaws Supplement.

    The Secretary shall be the custodian of all records of the Association. The Secretary's responsibilities include:

    Circulation of immediate and monthly email blasts;

     Drafting correspondence for the Board and President;

     Drafting minutes for all Board meetings;

     Maintain nonprofit compliance with the California Attorney General and the California Secretary of State

     Publish all membership notices, including waiver notices; and

     All other responsibilites as assigned by the Board or President

    The Secretary must respect the decision of the Board of Directors or President to assign additional responsibilities.

     

     

    Treasurer

    The San Francisco Paralegal Association's Treasurer's responsibilities are governed by section 8.4-4 of the Association's Bylaws Supplement.

     The Treasurer shall have charge and custody of and be responsible for all funds of the San Francisco Paralegal Association. The Treasurer's responsibilities include:

     Depositing monies in all appropriate Association depositories;

    The Association maintains two depositories: a checking account and a savings account with Chase Bank. The Chase Bank account number is 8610279239.  The log-in information for these two depositories is contained in the Accounts spreadsheet in info@sfpa.com's Google Documents. Checks forwarded by Premier Business Centers to the Treasurer must be deposited in the checking account with Chase Bank no later than two (2) weeks from receipt.

     Maintain merchant service accounts for the Association;

    The Association maintains a merchant service account with PayPal. The log-in information for this account is contained in the Accounts spreadsheet in info@sfpa.com's Google Documents. Online payments made to the merchant account with PayPal automatically deposit into the checking account using Auto Sweep.

     Maintain nonprofit compliance with California Franchise Tax Board and Internal Revenue Service

    The Association is required by the California Franchise Tax Board to file an Exempt Organization Annual Information Return (FTB Form 199) every year by May 15 (adjusted for holidays and weekends). The fee to file an Exempt Organization Annual Information Return is $10.00. It is the responsibility of the Treasurer to prepare and file the Exempt Organization Annual Information Return with a $10.00 check.

     The Association is also required by the Internal Revenue Service to file a Short Form Return of Organization Exempt from Income Tax (IRS Form 990-EZ) if gross receipts for the nonprofit organization remain under $200,000 annually and assets remain under $500,000 annually. The Short Form Return of Organization Exempt from Income Tax must be filed every year by May 15 (adjusted for holidays and weekends). There is no fee to file a Short Form Return of Organization Exempt from Income Tax.

     Here is some information for use when filing the California Franchise Tax Board's Exempt Organization Annual Information Return and the Internal Revenue Service's Short Form Return of Organization Exempt from Income Tax:

     California Corporation Number: C0821668

    Federal Employer Identification Number (FEIN): 95-3149593

    Fiscal Year: Calendar Year (January 1 - December 31)

    Tax Exemption Status Internal Revenue Service Code § 501(c)(6) (Federal)

    Revenue and Taxation Code § 23701e (State)

     Pay all invoices for the Association

    The Association creates invoices using QuickBooks Online and pays invoices using Chase Bank Bill Pay. The log-in information for these two accounts is contained in the Accounts spreadsheet in info@sfpa.com's Google Documents.

     The Association pays invoices for the following services:

     

     Service

     Description

     Method

     Price

     Due Date

     Google Apps for Business

     Cloud Document Storage and Email

     Automatic Payment

     $50.00 / Year

     Automatic Credit

     LoopUp

     Conference Calls and Recording

     Charged as Used

     $0.04 / Minute (/ Line)

     Paid as Used

     PayPal Web Payments Pro

     Online Payment System

     Automatic Payment

     $30.00 / Month

     Automatic Credit

     Premier Business Centers

     Conference Rooms and Virtual Office

     Automatic Payment

     $200.00 - 300.00 / Month

     Automatic Credit

     QuickBooks Online

     Online Bookkeeping Software

     Automatic Payment

     $31.96 / Month

     Automatic Credit

     Storage Pro

     Self Storage Unit

     Automatic Payment

     $95.00 / Month

     Automatic Credit

     Wild Apricot

     Website Management System

     Automatic Payment

     $540.00 / Year

     Automatic Credit

     

    Publish Annual Report of the Association;

    The Annual Report is a snapshot of the financial health of the Association presented by the Treasurer at the Annual Meeting. The Treasurer will need to summarize the following financial information for that report:

    • A summary of the financial health of the Association;
    • A sheet showing current depository balances for the past and current fiscal year;
    • A sheet showing year-to-date profits and losses for the past and current fiscal years;
    • The revised budget from the July revision meeting for the past and current fiscal years; and
    • Visual aids to show the distribution of income and expenses.

    The Annual Report must be presented to the Board of Directors at the Board meeting immediately preceding the Annual Meeting. All revisions of the Annual Report requested by the Board of Directors must be addressed before the Annual Meeting.

     

    Submit monthly report to Board with current depository balances and monthly profits and losses; and

    Monthly depository balances and profits and loss statements must be provided to the Board of Directors to help Association leadership assess the current financial health of the Association. These reports can be created using QuickBooks Online. The log-in information for this account is contained in the Accounts spreadsheet in info@sfpa.com's Google Documents.

     

    All other responsibilities as assigned by the Board or President.

    The Treasurer must respect the decision of the Board of Directors or the President to assign additional responsibilities.

     

     


    Vice President

    The San Francisco Paralegal Association's Vice President's responsibilities are governed by section 8.4-2 of the Association's Bylaws Supplement.

     

    The Vice President, in the absence of the President, shall assume the duties of the President. The Vice President shall also assist in the administration of all committees and practice sections. The Vice President's responsibilities include:

    Collect and forward to the Secretary all written reports of the chairs or co-chairs of all committees and practice sections;

    The Vice President is charged with soliciting, collecting, and presenting all written reports for chairs and co-chairs of all committees and practice sections. The Vice President must solicit all written reports no later than one (1) week before the upcoming Board meeting. The Vice President must collect and forward to the Secretary all written reports no later than two (2) business days before the upcoming Board meeting. If the chair or co-chair is unable to attend the upcoming Board meeting, the Vice President will present on their behalf.

     Providing all needed resources to the chairs of all committees and practice sections; and

    All resources needed by the committees and practice sections for the performance of their duties, including the organization of monthly or bimonthly practice section meetings, must be provided by the Vice President. These resources may include communication with interested parties, event planning, and help finding speakers. All requests unable to be completed by the Vice President alone may be brought to the attention of the President and, if necessary, the Board of Directors.

     All other responsibilities as assigned by the Board or President.

    The Vice President must respect the decision of the Board of Directors or President to assign additional responsibilities.

     

     
                           

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    San Francisco Paralegal Association
    1 Sansome Street, Suite 3500, San Francisco, California 94104
    Tel: (415) 946-8935 - Contact email: info@sfpa.com

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  • 09/28/2014 10:29 AM | Deleted user

    You can check out the September/Fall edition of CAPA Recap, as well as browse the archives of past issues here: http://sfpa.com/page-1262860



@2024 San Francisco Paralegal Association

FOR MORE INFORMATION PLEASE EMAIL US:

INFO@SFPA.COM

San Francisco Paralegal Association

1 Sansome Street, Suite 3500

San Francisco, CA  94104

(415) 946-8935