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Orange County Paralegal Association's August issue
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Volume 32, Number 8 Member of California Alliance of Paralegal Associations (CAPA) August 2011 Member of National Association of Legal Assistants (NALA)
Inside this issue:
President’s Message ........................................................1-2 OCPA Calendar.................................................................3 OCPA Net Worth ...............................................................4 Article: Increase Your Billable Hours with Low Hanging Fruit ............................................................5 OCPA Summer Event .......................................................6 Article: How to Create a Discovery Plan............................7-8 OCPA Educational Conference.........................................9 Article: Ten Great Reasons (Plus One) to Attend the OCPA’s 25th Educational Conference .........10-11 Article: Paralegal’s Memory Lapse Results in Conflict of Interest..........................................................13 NALA PR Release.............................................................14-16 CAPA News.......................................................................17 NALA News.......................................................................18 OCPA Board of Directors ..................................................19 OCPA New Member Statistics...........................................20 OCPA Corporate Sponsors, Sustaining Members.............21
OCFB with assembling food boxes for children and seniors at their distribution center located at 11870 Monarch Street in Garden Grove. If you are inter-ested in participating in the volunteer activities, please contact OCPA’s Pro Bono/Community Services Chair, Cindy Mascio, ACP, CAS, at [email protected] or (714) 641-5100, ext. 1625. Summer Event: Let’s have some fun! Please join us at our annual Summer Event which will include Karaoke, a Wii “Dance” Tournament and Wine Tasting. Don’t forget, we will still be collecting items for the Orange County Food Bank. Here is OCFB’s wish list:
• Easy Open Food - Pop Tops (canned meats, tuna, Spam, Vienna sausage, ravioli, chili)
• Canned Fruits
• Canned Meat
• Canned Vegetables
• Dry Foods (beans, rice, pasta, macaroni & cheese, cup-o-soup, cereal, oatmeal, pancake mix)
• Personal Care Items (deodorant, feminine nap-kins, diapers, tooth brushes and tooth paste, sham-poo, soap)
• Peanut Butter
• Snacks (energy bars, granola bars, fruit leath-ers)
Drinks (juice, bottled water, coffee, tea)
PRESIDENT’S MESSAGE I was finally able to volunteer this past weekend at the Or-ange County Food Bank and what a joy it was. We had a handful of volunteers with OCPA and we boxed over 2,000 boxes in under two hours. It was amazing to see everyone work together so quickly. The bad news is that the OCFB informed us that
due to budget cuts they will have to eliminate feed-ing 3,000 people. That means that those 3,000 peo-ple could go hungry. With that said, our next volunteer opportunity with the OCFB this year is on Saturday, September 10, 2011 from 8:30 a.m. to 10:30 a.m. You can assist the
Disclaimer: The articles contained in this publication have been prepared for and are intended to provide information useful to members of the Orange County Paralegal Association (OCPA) and the legal professional community, at-large. The information presented is not to be
taken as legal advice nor do the views represent a statement of OCPA policy.
Cover Art: Courtesy of www.FreeDigitalPhotos.net
OCPA Compendium August 2011
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Educational Conference: This year is OCPA’s 25th Educational Conference. The Conference will be held on Saturday, September 17, 2011 at the Radisson, Newport Beach. The Conference will have the following tracks for you to choose from: Intellectual Property Law; Litigation Law; and Mixed Bag. We have kept the cost of the Conference down: $95 for members, $125 for non-members and $65 for stu-dent. See the flyer in this issue for further details. If you have any questions regarding the conference or if you are interested in volunteering for the confer-ence, please contact Frances Prieto, CP at [email protected]. Student Scholarships: Did you know that OCPA gives out two $500 scholarships each year to paralegal students and working or unemployed paralegals? See the flyer in this issue for qualification requirements and further details. The winners will be announced at the Educational Conference. OCPA also gives out two $500 scholarships to our local paralegal schools. If you are currently a paralegal student, check your school for the scholarship qualifications. Volunteers: Volunteers are always welcome. Would you like to volunteer and get more involved with the OCPA? Please contact me at [email protected]. Volunteering is a great way to meet your co-paralegals and network.
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AUGUST-SEPTEMBER 2011 CALENDAR
AUGUST
SEPTEMBER
Date Time Section/Provider Title Place
8/3 6:00 p.m. Board Meeting Veritext
8/10 6:00 p.m. Summer Event OCFB Food Drive
Radisson Hotel, Newport Beach
Date Time Section/Provider Title Place
9/7 6:00 p.m. Board Meeting Veritext
9/9 11:30 a.m.
IP Section Where IP, Insurance and New Media Intersect -Maximizing Insurance Coverage in a Digital World
TBD
9/10 8:30 a.m. Pro-Bono/Community Service
OC Food Bank Work Day Orange County Food Bank
9/24 All Day Educational Confer-ence
Radisson Hotel, Newport Beach
OCPA Compendium August 2011
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OCPA Compendium August 2011
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Increase Your Billable Hours with Low Hanging Fruit Contributed by Vicki Voisin
You can thank Mother Nature for the expression "low hanging fruit". A fruit-bearing tree usually has some branches that are
low enough for animals and people to reach without much effort. While the fruit on the lowest branches may
not be as ripe or pretty as the fruit on the higher limbs, it’s easier to harvest.
Thus the popular expression ‘low hanging fruit’ gener-ally means selecting the easiest target with the least
amount of effort.
The term is often used in business to refer to the sale of consumer products or services. Salespersons may be
encouraged to seek out the easiest customers first. These
might not be the highest commission sales but they may be easier to close AND there may be more of them.
Here’s another example: Imagine for a moment that
you’re taking a trip to Italy but you don’t know how to speak a single word of Italian. It’s obvious that you
should start with the easiest words and phrases first such as wine…coffee…please…good-by…thank-you…
taxi…etc. instead of beginning by conjugating verbs.
By choosing to learn the simplest words and phrases
first, you are picking the low hanging fruit. In this case, you are not necessarily choosing the less important but,
instead, the easiest way to reach your goal. You can apply this example to almost anything you are working on, but in this instance let’s apply it to increasing your billable hours. How do you increase your billable hours with low hanging fruit? By choosing
to do the work that will yield the most billable hours.
Instead of focusing on minor projects that having you
starting and stopping and entering .2 entries all day, focus on the larger projects on which you can spend a
considerable block of time and for which you can bill all, or at least most, of that time.
In a law firm, this is not necessarily the easiest work. Instead, it is work that will yield the maximum billable hour results...or picking the low hanging fruit.
What do you have to do today that will yield the most billable hours? The deposition summary? The medical records review? The answers to interrogatories? The
estate plan? What pleadings need to be drafted? Each of
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these may take several hours.
Begin your day with those larger projects when your
energy levels are at their highest. Close your door, do not take phone calls, and do not check your email. This
should be absolutely uninterrupted time.
Once you have spent your block of time on the low hanging fruit projects, tackle the smaller projects such
as email, phone calls and correspondence all at once.
This is all billable time but if you draft a letter, then work on the deposition summary for a while, then re-
turn some email, then return some phone calls, you will have turned your day into a mishmash of work. In fact,
you may begin a whole bunch of projects and finish none. Jumping from one task to another reduces your
focus and your productivity. The result is fewer billable hours.
Of course, you can pick all the low hanging fruit you want, but you have to turn it into profit before it does you any good. Be sure to enter the time for your longer
project as soon as it's finished so that you don't lose any
billable hours. The same goes for those shorter tasks. You will have the greatest number of billable hours if you input your time as your day goes along and be sure it's all entered before you leave the office in the evening.
Your challenge: Always plan your day around the low
hanging fruit. Before you leave the office in the evening, consider what must be done the next day. Once you
have that list choose the project that will take you the greatest amount of time and schedule a block of time for
that first. Then bundle the smaller tasks and plan to do them all at once. If time permits, spend another chunk
of time on more ‘low hanging fruit’ later in the day.
Focus on the low handing fruit and you're practically guaranteed you'll reach your billable hour goals by the end of the year. Vicki Voisin, "The Paralegal Mentor", delivers simple strate-
gies for paralegals and other professionals to create success
and satisfaction by achieving goals and determining the di-
rection they will take their careers. Vicki spotlights resources,
organizational tips, ethics issues, and other areas of continu-
ing education to help paralegals and others reach their full
potential. She publishes a weekly ezine titled Paralegal
Strategies and co-hosts The Paralegal Voice, a monthly pod-
cast produced by Legal Talk Network. More information is
available at http://www.paralegalmentor.com.
OCPA Compendium August 2011
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How to Create a Discovery Plan Contributed by Barbara Haubrich, ACP/CAS
Attorneys devote an enormous amount of time on the discovery phase of litigation. The California Civil Discovery Act encompasses California Code of Civil Procedure §§ 2016.010 – 2036.050. California Code of Civil Procedure § 2019.010 outlines the meth-ods of discovery as oral and written depositions; interrogatories; inspections of documents, things, and places; physical and mental examinations; re-quests for admissions; and exchange of expert trial witnesses. In addition, California Code of Civil Proce-dure § 2020.010 provides that discovery may be ob-tained from a person who is not a party to the ac-tion through the use of a deposition subpoena to compel oral or written deposition; or a deposition for the production of business records and things. A litigation discovery plan provides the scope of discovery and timeline for implementation of the discovery in order to support the legal theories and remedies for a particular party. I have partici-pated in planning two types of discovery plans. The first type of plan is for the exclusive use by an attorney and paralegal. The second type of plan is for all parties’ counsel to develop jointly, and agree to follow throughout the discovery process. Either way, a discovery plan is an essential element to effectively implement the best use of the discovery methods. A well organized discovery plan is help-ful for the attorney and paralegal to:
1. Organize the case facts, and determine the li-ability and damage issues that need to be sup-ported or defended in the matter.
2. Stay focused on the identified issues.
3. Identify what written discovery will need to be served.
4. Identify the witnesses and parties that will need to be deposed, and in what order. Identify what discovery methods to utilize to ac-complish the discovery goals in the most cost effec-tive manner.
Ultimately, a discovery plan must be fine tuned and approved for implementation by the supervis-ing attorney, but a paralegal participates in the preparation and execution of a discovery plan. The best time for a plaintiff’s attorney to prepare a dis-
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covery plan is prior to litigation so that the plan is ready to be implemented once litigation has com-menced. The best time for a defense attorney to prepare a discovery plan is prior to the filing of the Answer to Complaint so that the discovery plan can be implemented at the time the Answer is filed. There is no right or wrong way to prepare a dis-covery plan. It depends on the case facts, the com-plexity of the legal and damage issues, and cost to complete the discovery. For purposes of this arti-cle, I will only discuss the preparation of a discov-ery plan for the exclusive use by an attorney and paralegal. A. Identify the Issues: Identifying the issues will provide an overview of all of the information necessary to analyze a case for purposes of discovery and case evaluation. This includes:
• A summary of the facts of the incident.
• A summary of the liability issues being as-serted against each named defendant.
• A list of each Cause of Action to be, or already, pled in the Complaint.
• A list of each potential defense, or actual de-fense, being asserted.
• A list of the injuries and damages of each plaintiff, and the relief sought. An overview of the insurance policy limits avail-able for settlement.
B. Identify the Key Players: The next step is to list the identity of the known key players for each party and all percipient wit-nesses. It is also helpful to note the witnesses con-tact information and a brief summary of the facts known by that witness. With respect to the incident giving rise to the liti-gation, identify:
• The individuals who played a role in the event, such as police officers or fire fighters.
• The individuals who play a role in supporting the damages claimed, such as medical providers, employers, or accountants. The individuals who have knowledge of the event, such as witnesses or unrelated third parties.
OCPA Compendium August 2011
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C. Identify the Documentary Evidence: For each issue:
• Identify the documentary evidence to support or defend the issues listed. Identify the location of the records held by each party, or custodian of business records, in both pa-per and electronic formats. With respect to e-Discovery, consider:
• How a party or custodian of business records creates, stores, and maintains electronic records.
• What time period the records would have been created, obtained, archived, backed up, or de-stroyed.
• Where the records may be located, and if they still exist. Take into consideration the most easily accessible locations where the documentary evidence can be obtained. If there are multiple copies of a certain document, identify the sources that are the most readily available and easiest to preserve and re-trieve.
D. Identify the Scope of Discovery Identify the discovery methods that will be re-quired to support or defend the issues listed. This can include documents, deposition testimony, in-terrogatories, or other discovery methods. E. Create a Timetable: Chart the scope of discovery identified. Provide the order to conduct the discovery, and a timetable for conducting each element of the discovery plan. F. Follow-Up: A discovery plan is not set in cement. It is subject to change as the discovery process evolves. It is a good idea for the paralegal to sit down with the attorney at a set time to review the discovery ob-tained and revise or update the plan as needed. Barbara Haubrich is an Advanced Certified Paralegal in Trial
Practices and Wrongful Death. She is also a California Ad-
vanced Specialist in Civil Litigation. Barbara is the creator
and author of The California Litigator, a website that is
designed to provide resources and facilitate discussions relat-
ing to California state civil litigation. The California Litiga-
tor includes a bi-weekly e-zine on all topics relating to civil
litigation. Additionally, Barbara is the owner and creator of
Deadline Direct, a downloadable deadline calculating
gadget for your Microsoft 7 or Vista computers. Deadline
Direct is a handy tool that gives you all the options you need
in calculating deadlines and syncs a note field with the calcu-
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Paralegal’s Memory Lapse Results in Conflict of Interest Contributed by Vicki Voisin
Any ethics course will caution you about conflicts of interest, particularly when you are changing jobs. It seems that ethics courses should also cau-tion you about "memory loss". If a paralegal has a conflict, screening the paralegal from working on the case is usually sufficient to prevent the firm's disqualification. What happens when a law firm's efforts to screen a conflict fail, permitting a non-lawyer who worked on one side of a case at one firm to work on the other side of the same case at the opposing firm? The paralegal in this story is Clyde Williams. In July 2005, Williams began work as a paralegal at a firm where he billed a total of 6.8 hours on a case. He reviewed the file to identify persons with knowledge of the relevant facts, prepared an initial draft of a response to a request for disclosures, as-sisted in document production and communicated with opposing counsel. In October 2008 Williams applied for a paralegal position at another firm, identifying his previous employer and 2 potential conflicts from his previ-ous work. A conflicts check was performed and Williams' access to two files was restricted. He failed to mention the case he worked on in July 2005. In 2009, Williams' current employer asked him to organize pleadings and discovery in the case he worked on in 2005 in his previous employment. He also affixed bates labels to documents pro-duced by the opposing party and redacted pas-sages highlighted by an attorney. In total, Williams billed 27 hours on the case. Williams again failed to recognize the conflict and to notify the supervising attorney of its existence. While Williams seemed to have a memory lapse, an attorney for the opposing party did not. He rec-ognized him as a former employee and notified his current employer of the conflict.
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While his current employer immediately in-structed Williams to discontinue working on the matter, not to view or access any documents re-lated to the case, and not to disclose any informa-tion he had obtained during his earlier employ-ment, the opposing party moved for disqualifica-tion. The Trial Court disqualified the 2nd firm and the matter went to the Texas Supreme Court. On July 1, 2011, the Texas Supreme Court handed down a decision In Re Guaranty Insurance Services, Inc. and In Re Guaranty Insurance Services, Inc., Relator (No. 10-0364), granting mandamus relief and directing the trial court to vacate its order granting the mo-tion to disqualify. Luckily for Williams and his employer, the court found that the conflict rule is different for non-lawyers than for lawyers. The presumption that confidences were shared with members of the sec-ond employer may be rebutted where non-lawyers are concerned. How Williams "forgot" he worked on this case with two different employers is beyond me. I'm certain I wouldn't forget. To be safe, it is a good idea to keep track of the cases you work on so that you can provide full disclosure to the potential em-ployer.
Vicki Voisin, "The Paralegal Mentor", delivers simple strate-
gies for paralegals and other professionals to create success
and satisfaction by achieving goals and determining the di-
rection they will take their careers. Vicki spotlights resources,
organizational tips, ethics issues, and other areas of continu-
ing education to help paralegals and others reach their full
potential. She publishes a weekly ezine titled Paralegal
Strategies and co-hosts The Paralegal Voice, a monthly pod-
cast produced by Legal Talk Network. More information is
available at http://www.paralegalmentor.com.
OCPA Compendium August 2011
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CAPA News Contributed by Julie Thornton-Adams
CAPA held a very successful and sold out 23rd Educational Conference in San Francisco! Following the event, CAPA held a President’s Reception for CAPA’s past CAPA Presidents and current President. It was heavily attended and the Past Presidents appreciated the rec-ognition. Planning is already underway for next year’s educational conference! The day after the educational conference, CAPA held a board meeting. It was a treat to have NALA’s President, Karen McGee, ACP, speak to the CAPA board about the challenges para-
legal organizations face during trying economic times, making use of limited resources and reiterating that paralegals need to staying strong by working together. Ms. McGee provided an overview of the LEAP pro-gram which is conducted through NALA as another leadership tool. For further information about LEAP visit the NALA website at www.nala.org. While I had previously reported that CAPA would have a booth at the upcoming State Bar Conference be-ing held in Long Beach, the CAPA board has now voted and not to have a CAPA booth in 2011. Unfortunately there has been a delay in CAPA’s debut of the new website. It is now anticipated that the new website will debut sometime in mid-August. Mark your calendar, CAPA is preparing for its 8th Bi-annual Leadership Conference on Saturday, Novem-
ber 5, 2011, in Sonoma County and is being hosted by the Redwood Empire Paralegal Association. This
conference is for anyone interested in participating in a leadership role. The seminars being provided will
focus on leadership topics that will benefit you whether you are on a board of an organization in your place
of employment. A flyer for the conference can be found on the OCPA website.
OCPA Compendium August 2011
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Hello from NALA! Contributed by Maria
Conzelman, CP
As we approach the dog days of summer, the debate re-garding paralegal regulation/certification is still a hot topic. The International Paralegal Management Association (the “IPMA”) has published an up-dated position statement on Paralegal Regulation in the United States. The IMPA opposes mandatory regulation of traditional paralegals. In particular, the IPMA is not in favor of broad-based state licens-ing of paralegals. While strong arguments can be made in favor of licensing non-lawyer direct service providers, consumers of traditional paralegal ser-vices are protected by the supervision of lawyers. IPMA asserts that the licensing of non-lawyer direct service providers should not encompass licensing of traditional paralegals. The complete International Paralegal Management As-sociation Position Paper on US Paralegal Regulation is available on IPMA’s website at http://www.paralegalmanagement.org. Really exciting news…..NALA has a Certified Para-legal Short Course slated for November 10-12 right here in Southern California! What a great opportunity for paralegals preparing for the Certified Paralegal exam, those wanting to refresh their professional skills and knowledge, or for Certified Paralegals to fulfill requisite CLE to maintain certification. This will be the only Certi-fied Paralegal Short Course before the January and May 2012 computer-based Certified Paralegal ex-aminations. Now in its 36th year, the Certified Para-legal credential is recognized nationwide as the standard of professionalism. The distinguished faculty provides a general over-view of the following topics and presents specific knowledge and skills needed by paralegals. American Legal System-Karen Sanders-West, ACP, JD Administrative Law-Karen Sanders-West, ACP, JD Judgment & Legal Analysis-Virginia Koerselman Newman, Attorney Civil Litigation-Karen Sanders-West, ACP, JD
Communications-Virgina Koerselman Newman, Attorney Legal Research-Virginia Koerselman Newman, Attorney Ethics -Kay Kasic, CP Contracts-John W. Dunn, LLB, and Karen M. Dunn, ACP Real Property-John W. Dunn, LLB, and Karen M. Dunn, ACP Business Organizations-Connie Kretchmer, ACP, and Virginia Koerselman Newman, Attorney Estates & Trusts-Virginia Koerselman Newman, Attorney, and Connie Kretchmer, ACP The program will be held at the Hilton Los Ange-les North, located in Glendale's upscale business district. The hotel offers spacious accommodations with oversized work desks, ergonomic chairs, and high speed Internet access. Call 1-818-956-5466 and mention this event for the special NALA rate of $119/night. Room reservation deadline is October 24th. See www.NALA.org/shortcourse.aspx for more details and online registration. Enjoy the last month of summer! Until next month--- Maria
OCPA Compendium August 2011
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Contact information of board members and committee chairs published in the Compendium are subject to the policies of OCPA. Use of contact information of board
members or committee chairs for purposes of solicitation for business, personal gain, or distribution of such information to third parties for the same is strictly
prohibited.
ORANGE COUNTY PARALEGAL ASSOCIATION
2011 Board of Directors
Executive Committee: President Hilary Martin [email protected]
VP Administration Julianna Hallsted, ACP [email protected]
VP Policy Kai Williamson [email protected]
Treasurer Vicky La Celle, CP [email protected]
Secretary Tonya Anderson [email protected]
NALA Liaison Maria Conzelman, CP [email protected]
Directors at Large:
Frances Prieto, CP [email protected]
Sheri Webb, ACP [email protected]
Diana Tierney [email protected]
Kerry Swancutt [email protected]
Janine Fountain [email protected]
Rafia Aleem [email protected]
Michele T. Pfeiffer, CLA [email protected]
Tanya Chopra [email protected]
Ruzel Macadaeg [email protected]
CAPA Primary Julie Thornton-Adams [email protected]
CAPA Secondary Julianna Hallsted, ACP [email protected]
OCPA Compendium August 2011
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NEW MEMBERS MEMBERSHIP STATISTICS
Voting: 377 Student: 133 Associate: 64 Sustaining: 39 Total: 554
Magdalena Allen Reimers Terri Aprati Kimberly A. Baney Cecelia Benjamin Tez Briones Ellen Dever Kelly MarieGallagher Whitney Garrison Jorge Guerrero Stephen Hoff Phylis Jacobs Dana King
Michelle Manu-maleuna Emma Popiolkowski Tamirra Stewart Jackie Struck Melinda Williams
AUGUST 2011
OCPA Compendium August 2011
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OCPA
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SUSTAINING MEMBERS
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Deadlines On Demand (310) 557-5522 x2912 www.deadlines.com
e-Docuplus 949/251-0071 www.e-docuplus.com
Evolve Discovery (714) 545-4900 www.evolvediscovery.com
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West Reporters (805) 368-0823 www.westcourtreporting.com
Adams & Martin Group 714/433-6860
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CT Corporation 213/344-9384
Davidson Legal Staffing 949/955-3114
Esquire Deposition & Litigation Support Services 714/834-1571 Glenn M. Gelman & Associates (714) 667-2600 ext. 264
Hutchings Court Reporters 714/547-6169
IKON 949/254-2241
Kelly Law Registry 714/703-1764
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Knox Attorney Service 714/479-1650
Legal Reprographics, Inc. 949/275-4618
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Plaza Copying & Imaging 714/556-2679
ProLegal Network 213/892-1400
Sarnoff Court Reporters 949/955-3855
Special Counsel 949/261-2211
Stevens Legal Staffing Group 949/706-6611
The Rutter Group 800/747-3161 x7026 Titan Legal Services, Inc. (800) 441-4107
UC Irvine Extension (University of California, Irvine) 949/824-5524
Veritext 800/649-8787 Westwood College 714-938-6176 West Court Reporting Services, a Thompson Reuters business 805/368-0823
Western State University 714/459-1105 For more information about becoming a Sustaining Member, please contact Valerie
Pitts at valeripitts@clevelandgolf.
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OCPA Compendium August 2011
Page 22
Publisher: Orange County
Paralegal Association
Editorial Team: Tracy Hermans, Taylor Lockett, Christi Lazootin, Dawn Martin, Elizabeth Root
ADVERTISING INQUIRIES ONLY
For information about advertising, please
contact Valarie Pitts at:
If you have any questions regarding publication requirements, please contact Taylor Lockett at [email protected].
COMPENDIUM - August 2011
Volume 32, Number 8
Committed to Excellence through Education, Certification and Ethical Responsibility
The Compendium is the official publication of the Orange County Paralegal Association (OCPA) P.O. Box 8512, Newport Beach, CA 92658. Postage Paid at Newport Beach, CA.
A subscription to the Compendium is provided as a member benefit of OCPA. For further information about all the benefits
OCPA has to offer, please visit our website at www.ocparalegal.org.
© 2011 Orange County Paralegal Association