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Orange Blossoms OCLSA Presents:
“Proper Use & Selection of a Vocational Expert in Family
Law, Workers Comp., Personal Injury Labor Law and Social
Security”
Speaker: Joseph H. Torres, M. Ed., Certified Vocational Counselor at Career Development,
Inc.
Date: Thursday, October 4, 2018
Time: 6:00 p.m. – 6:30 p.m. Socializing
6:30 p.m. – 8:30 p.m. Program & Dinner
Location: Holiday Inn Orange County Airport, 2726 S. Grand Avenue, Santa Ana, CA 92705
(North of Dyer Road at Grand, just off the 55 Freeway – Exit at Dyer Road)
Price: $30 Members / $40 Non-Members / $50 at the door ($3 convenience fee will be
added for credit card payments)
Menu: Chicken Marsala topped with mushrooms and wine sauce served with rice pilaf,
seasonal vegetables and garden salad, Chef’s Choice dessert, Coffee and Iced Tea
Deadline for Reservations: Friday, September 28, 2018
SEE PAGE 9 FOR RESERVATION INFORMATION
CODE OF ETHICS OF LEGAL SECRETARIES, INCORPORATED:
It shall be the duty of each member of LEGAL SECRETARIES, INCORPORATED, to
observe all laws, rules and regulations now or hereafter in effect relating to
confidentiality and privileged communication, acting with loyalty, integrity,
competence and diplomacy, in accordance with the highest standards of
professional conduct.
V O L U M E L X V I V . N O . 4 O C T O B E R 2 0 1 8
ORANGE BLOSSOMS OCTOBER 2018 PAGE 2
OCLSA 2018-2019 OFFICERS AND CHAIRS
ELECTED OFFICERS
President Sylvia Marsh [email protected]
Vice-President Norma Marquez [email protected]
Treasurer Deborah Murphy, CCLS [email protected]
Recording Secretary Mary Lynn Genova [email protected]
Corresponding Secretary Mary Lynn Genova [email protected]
Governor Pamela Schuld, CCLS [email protected]
APPOINTED OFFICERS
Parliamentarian Deborah Schmidt, CCLS [email protected]
Historian Heather Nowak [email protected]
COMMITTE CHAIRPERSONS
Advertising Marilyn Bemiller [email protected]
Audit Barbara Barregar and Deborah Schmidt, CCLS
Benefits Marilyn Bemiller [email protected]
California Certified Legal Secretary Pamela Schuld, CCLS [email protected]
Career Promotion and Scholarship VACANT
Charitable Projects Danielle Frederick [email protected]
Courtesy Mary Lynn Genova [email protected]
Editor - Association Bulletin Felicia Wilkins [email protected]
Employment Angela Valles [email protected]
Interclub Barbara Barregar [email protected]
Law Office Products & Management Felicia Wilkins [email protected]
Legal Procedure Felicia Wilkins [email protected]
Membership/Roster Norma Marquez [email protected]
Nominations and Elections (to be appointed in March 2019)
Professional Liaison/Day in Court Heather Nowak [email protected]
Programs Heather Nowak [email protected]
Reservations Mary Lynn Genova [email protected]
Ways & Means Danielle Frederick [email protected]
Web Site (including Facebook page) Deborah Murphy, CCLS [email protected]
ORANGE BLOSSOMS OCTOBER 2018 PAGE 3
PLEASE NOTE: DISTRIBUTION OF THE “ORANGE
BLOSSOMS” IS FOR THE EXCLUSIVE USE OF THE
OCLSA MEMBERSHIP AND AT THE DISCRETION OF
THE BOARD OF DIRECTORS. THE OCLSA
MEMBERSHIP LIST, ROSTER, AND THIS NEWSLETTER
ARE NOT TO BE USED FOR ANY OTHER PURPOSE.
OCLSA Bulletin Editor:
Felicia Wilkins,
Email: [email protected]
TABLE OF CONTENTS
Advertising Rates for Bulletin/Website .............. 4
Benefits ............................................................. 34
Birthday Wishes .................................................. 4
Board Meeting Notice ......................................... 3
CCLS Exam Application ................................... 19
CCLS Quiz ........................................................ 17
CCLS Quiz Answers ......................................... 28
CCLS Study Materials List ............................... 18
Change of Address Notice .................................. 4
Civil Litigation Article ...................................... 30
Court Notices .................................................... 31
Employment Corner .......................................... 21
Governor’s Report ............................................. 22
Law Office Administration Article ................... 27
Law Office Products & Management ............... 26
Legal Procedures ............................................... 29
Local Associations/Meetings Info. .................... 13
LSI Conference Forms ................................. 14-15
LSI Publications ................................................ 33
LSS Membership Form ..................................... 32
Meeting Notices ............................................. 9-11
Membership Application/Renewal ...................... 5
Notary News ...................................................... 28
Officers and Chairmen ......................................... 2
Parliamentary Procedure .................................... 23
Program Schedule ............................................... 7
Something Worth Reading ................................ 24
U.S. Courts & Helpful Websites ....................... 20
Vice President’s Message ................................... 6
Wall of Fame ....................................................... 8
ADVERTISERS INDEX
iNSERVIO ........................................................ 12
One Legal .......................................................... 25
Taylor Morse ..................................................... 16
US Legal Support .............................................. 12
BOARD MEETING NOTICE
The next OCLSA Board Meeting will be held at
6:00 p.m. on THURSDAY, OCTOBER 18, 2018, at InServio3, 18013 Sky Park Circle, Suite C, Irvine.
Please R.S.V.P. to [email protected] if you plan to
attend
ALL MEMBERS ARE WELCOME!
ORANGE BLOSSOMS OCTOBER 2018 PAGE 4
ADVERTISING RATES
If any of our readers or vendors are interested in placing
an ad in this monthly publication or on our website
(www.OCLSA.org), please contact Marilyn Bemiller at
Full Page 8.5” x 11” $300/year Website is
free
Half Page 7.25” x 4.75” $200/year Plus $75 for
website
Quarter
Page 4.75” x 3.6” $125/year
Plus $75 for
website
Business
Card Regular size $75/year
Plus $75 for
website
WEBSITE:
The current rate to advertise on our website
(www.OCLSA.org) is $250/year per web banner ad.
HAPPY BIRTHDAY WISHES TO THE
FOLLOWING OCLSA MEMBERS:
Cynthia Dahl 10/03
Chris Stevenson 10/16
Angela Nolte-Lopez 10/26
CHANGE OF ADDRESS NOTICE
If you move or change jobs, please take a few minutes to
send in a change of address:
Name:
Please check one: □ New Home Address
□ Change of Employer
New Address:
Phone:
Email:
SEND CHANGE OF ADDRESS TO:
Deborah Murphy, CCLS, at:
ORANGE BLOSSOMS OCTOBER 2018 PAGE 5
ORANGE COUNTY LEGAL SECRETARIES ASSOCIATION, INC.
Member, Legal Secretaries, Incorporated
MEMBERSHIP APPLICATION For Period of May 1, 2018 to April 30, 2019
Complete and forward the original executed application with a check payable to “OCLSA” for the appropriate fee below,
which includes local dues and LSI per capita tax. We can also process your membership online if you would like to pay by
credit card at www.oclsa.org/membership.
Name:
Address:
City, State, & Zip:
Home Phone:
Email:
Birthday:
Month Day
Name to be used on badge:
Employer Name:
Employer Address:
Work Phone:
Work Email:
Area of Law:
Years of Experience:
Please Email/mail correspondence to: Home Work
How did you hear about us? Web site Office
Friend School Other____________________
Forward Application to:
Norma Marquez
Vice President/Membership
P.O. Box 28391
Santa Ana, CA 92799
QUESTIONS: Email [email protected]
Additional information can be found at www.oclsa.org
New Membership ($50) – Eligible with a
minimum of six months experience in a law office,
or engaged in work of a legal nature.
Student Membership ($35) – Eligible if you
are a student desiring to enter the legal profession.
Said Student Member upon obtaining employment
in the legal field shall apply for Active Membership.
Renewal Membership ($50) - Renewal Dues
for 2018-2019 is $50.00. A $10 late fee will be
applied if after June 1.
---------------------------------------------------------------------------
For OCLSA Use Only:
Payment Received: ___________ Amount:
Paid by: Check #__________ Credit Card
If accepted as a member, I agree to be bound by the Bylaws and Standing Rules of Legal Secretaries, Incorporated, and the
local association to which I hereby apply for membership, including the following Code of Ethics:
It shall be the duty of each member of LEGAL SECRETARIES, INCORPORATED, to observe all laws, rules
and regulations now or hereafter in effect relating to confidentiality and privileged communication, acting with
loyalty, integrity, competence and diplomacy, in accordance with the highest standards of professional
conduct. (Dedicated to the memory of Joan M. Moore, PLS, CCLS, LSI President 1980-82.)
Accompanying membership in Legal Secretaries, Incorporated, a California non-profit benefit association, includes
subscription to The Legal Secretary magazine and reduced annual dues for membership in Legal Specialization Sections.
Signature of Applicant Date
ORANGE BLOSSOMS OCTOBER 2018 PAGE 6
**OCLSA has 42 total Members thus far this fiscal year**
A great big “Welcome” to the following new members:
1) Maryann Iller is employed by Brobeck, West, Borges, Rosa & Douville, LLP and has 5
years’ experience in the legal field.
2) Roberta Kelley is employed by Stradling, Yocca, Carlson & Rauth and has 30 years’
experience in the legal field.
3) Laura Miller is employed by Jones & Mayer and has 26 years’ experience in the legal
field.
4) Elizabeth Miranda is employed by the Law Offices of Douglas Honig.
5) Annette Ragone is employed by Smith, LC and has 30 plus years’ experience in the
legal field.
6) Marla Rodriguez is employed by Cox, Castle & Nicholson and has 30 years’ experience
in the legal field.
7) Elena D. Romero is employed by WHGC, PLC and has 28 years’ experience in the legal
field.
8) Krista Smith is employed by Compex Legal Services, Inc. and has 2 years’ experience
in the legal services field.
9) Alexandra Soukeras is employed by Unisearch.
10) James Summers is employed by Sheppard, Mullin, Richter & Hampton, LLP and has 18
years’ experience in the legal field.
We recognize that there are many organizations available to join and we appreciate you
choosing OCSLA!!!
Vice President’s Message – Norma Marquez
ORANGE BLOSSOMS OCTOBER 2018 PAGE 7
OCTOBER 2018
BAKE SALE
Holiday Inn Orange County Airport
2726 S. Grand Avenue, Santa Ana,
CA 92705 @ 6:00 pm
(Grand/Dyer Road & 55 Freeway)
Monthly Dinner Meeting; Speakers:
Joseph H. Torres, M. Ed., “Proper
Use & Selection of a Vocational
Expert in Family Law, Workers
Comp., Personal Injury Labor Law
and Social Security”
NOVEMBER 2018
Holiday Inn Orange County Airport
2726 S. Grand Avenue, Santa Ana,
CA 92705 @ 6:00 pm
(Grand/Dyer Road & 55 Freeway)
Monthly Dinner Meeting; Speakers:
Michelle Stone, “Plan for 209
Medicare - HICAP Seminar”
DECEMBER 2018
ANNUAL HOLIDAY
CHARITY AUCTION
Holiday Inn Orange County Airport
2726 S. Grand Avenue, Santa Ana,
CA 92705 @ 6:00 pm
(Grand/Dyer Road & 55 Freeway)
TBA
ORANGE COUNTY LEGAL SECRETARIES ASSOCIATION
2018 PROGRAM SCHEDULE
ORANGE BLOSSOMS OCTOBER 2018 PAGE 8
Find these members and find out about the fun they were
having in these pictures. Do you have pictures from
meetings or events? Send them to the bulletin editor
([email protected]) and you could see your photos
featured in the next bulletin! Help our Wall of Fame
grow!
OCLSA’s Wall of Fame!
ORANGE BLOSSOMS OCTOBER 2018 PAGE 9
ORANGE BLOSSOMS OCTOBER 2018 PAGE 10
ORANGE BLOSSOMS OCTOBER 2018 PAGE 11
ORANGE BLOSSOMS OCTOBER 2018 PAGE 12
ORANGE BLOSSOMS OCTOBER 2018 PAGE 13
LOCAL ASSOCIATION MEETINGS,
LSI UPCOMING CONFERENCES & INTERCLUB EVENTS
LSI CONFERENCES & LOCAL MEETINGS
INTERCLUB INFORMATION
Submitted by Deborah Schmidt, CCLS
The following is a list of other local LSI Associations and the dates their general membership meetings are held:
Beverly Hills/Century City LSA Dinner Meeting 3rd Thursday
Desert Palm LPA Long Beach LSA
Riverside LPA Dinner Meeting 2nd Tuesday
Imperial County LPA Dinner Meeting 4th Monday
Los Angeles LSA Dinner Meeting 3rd Tuesday
Rio Hondo District LPA Dinner Meeting 2nd Thursday
San Diego LSA Dinner Meeting 4th Monday
Try to visit another chapter’s meeting – you will learn more interesting things about LSI chapters near us, do some networking, hear interesting speakers, and make some new friends in the legal community!
NOVEMBER 2018
November 9-11, 2018
Silver Legacy Hotel, Reno, Nevada
Host Association: Santa Clara County LPA
FEBRUARY 2019
February 15-17, 2019
Viejas Hotel and Resort
Host Association: San Diego County LSA
MAY 2019
May 15-19, 2019
DoubleTree by Hilton
Host Association: Alameda County LSA
AUGUST 2019
August 15-19, 2019
Hilton Los Angeles
Host Association: San Gabriel Valley LSA
ORANGE BLOSSOMS OCTOBER 2018 PAGE 14
ORANGE BLOSSOMS OCTOBER 2018 PAGE 15
ORANGE BLOSSOMS OCTOBER 2018 PAGE 16
Social Media Links
Are you on Facebook? You can “like” and
follow LSI www.facebook.com/lsi1934 and
OCLSA www.facebook.com/oclsa. These
pages are a great way to connect with other
members and stay up to date on all of our
activities.
You can find LSI on LinkedIn:
https://www.linkedin.com/groups/4838436/
profile. LinkedIn is a great way to connect
and network with other like-minded
business professionals. You get access to
people, jobs, news and updates that “help
you be great at what you do”.
ORANGE BLOSSOMS OCTOBER 2018 PAGE 17
CCLS Quiz – Pamela Schuld, CCLS Real Estate. - Directions Read each statement carefully and select the most correct answer.
1. This protects a certain portion of one’s equity in his/her principal dwelling from forced sale.
(a) Homestead declaration
(b) Deed of Full Reconveyance
(c) Preliminary Change of Ownership
2. All documents evidencing title to, or transfer of, real property must be:
(a) Recorded in the county where the real property is located.
(b) Filed with the superior court in the county where the property is located.
(c) Recorded with the local county recorder and then filed with the superior court.
3. All deeds must have what shown at the bottom of the first page.
(a) The legal owner’s mailing address.
(b) The tax statement mailing address.
(c) The Franchise Tax Board’s address.
4. This is a speedy action by a landlord against a tenant for possession of real property.
(a) Unlawful detainer
(b) Preliminary bond notice
(c) Mechanic’s Lien
5. In a commercial setting, the real estate sales transaction process usually begins with what is
commonly referred to as a:
(a) Letter of transaction
(b) Letter of intent
(c) Letter of contractual obligations
6. If a lessee of real property remains in possession thereof after the expiration of the hiring, and the
lessor accepts rent from the lessee, then:
(a) The parties are presumed to have rejected the hiring of the premises on the same terms and for the
same time.
(b) The parties are presumed to have renewed the hiring of the premises on the same terms and for the
same time.
(c) The lessee must vacate the premises immediately.
7. Chattel is personal property that:
(a) Is the land and all buildings and fixture permanently attached to the land.
(b) Is intended to be part of the land.
(c) Is all property which is not land, buildings, or fixture permanently affixed to land.
8. The way(s) in which real property may be owned by individuals is/are:
(a) Joint tenancy and tenancy in common
(b) Community property and qualified
(c) Both A and B
Continued on page 26
Answers on page 28
ORANGE BLOSSOMS OCTOBER 2018 PAGE 18
CCLS STUDY
MATERIALS
These are the suggested study
materials to prepare for the
CCLS exam provided by the
CCLS Certifying Board:
Ability to Communicate Effectively
1. William A. Sabin, The Gregg Reference Manual,
10th ed., Glenco/McGraw-Hill [ISBN 0-07-
293653-3].
California Legal Procedure
1. LSI Legal Professional’s Handbook, current
edition, The Rutter Group (800) 747-3161.
2. LSI Law Office Procedures Manual, current
edition, The Rutter Group (800) 747-3161.
3. Edward W. Jessen, California Style Manual, 4th ed.
[for citations only], West Group (800) 328-4880
[ISBN 0314-2330-9].
Reasoning and Ethics
1. The Legal Assistant’s Practical Guide to
Professional Responsibility, 2d. ed., American Bar
Association, [ISBN 1-59031-392-5]
www.ababooks.org.; www.amazon.com.
2. California Business & Professions Code,
Chapter 4. ATTORNEYS, Articles 1-15.
www.leginfo.ca.gov/calaw.html.
3. California Code of Civil Procedure, Part 4.
Miscellaneous Provisions, Sections 1855-2094.
www.leginfo.ca.gov/calaw.html.
4. California Rules of Professional Conduct, Chapters
1 through 5. http://calbar.ca.gov/calbarpdfs/rules.
5. Debra Bowen, Secretary of State, Notary Public
Handbook, available online through the State of
California, Notary Public Section.
Law Office Administration
1. William A. Sabin, The Gregg Reference Manual,
10th ed. Glencoe/McGraw-Hill [ISBN 0-07-
293653-3].
2. Mark L. Chambers, PCs All-in-One Desk
Reference for Dummies, most current edition, Parts
1 through 3.
3. LSI Law Office Procedures Manual, current
edition, The Rutter Group (800) 747-3161.
4. The Legal Assistant’s Practical Guide to
Professional Responsibility, 2d. ed., American Bar
Association [ISBN 1-59031-392-
www.ababooks.org.; www.amazon.com
5. Debra Bowen, Secretary of State, Notary Public
Handbook, available online through the State of
California, Notary Public Section.
Legal Computations
1. LSI Legal Professional’s Handbook, current
edition, The Rutter Group, (800) 747-3161.
2. LSI Law Office Procedures Manual, current
edition, The Rutter Group, (800) 747-3161.
3. California Rules of Court, Section 2.
4. California Code of Civil Procedure, Sections 1141
and 2025.
Legal Terminology
1. LSI Legal Professional’s Handbook, current
edition, The Rutter Group (800) 747-3161.
2. LSI Law Office Procedures Manual, current
edition, The Rutter Group, (800) 747-3161
3. Edward W. Jessen, California Style Manual, 4th
ed., West Group (800) 328-4880 [ISBN 0314-
2330-9].
4. A legal dictionary such as Black’s or Gifis’s Law
Dictionary by Barrons.
Skills
1. LSI Legal Professional’s Handbook, current
edition, The Rutter Group, (800) 747-3161.
2. LSI Law Office Procedures Manual, current
edition, The Rutter Group, (800) 747-3161.
3. Edward W. Jessen, California Style Manual, 4th
ed., West Group (800) 328-4880 [ISBN 0314-
2330-9].
All Sections Utilize the Following:
1. CCLS Study Guide, Legal Secretaries,
Incorporated, (800) 281-2188, www.lsi.org.
2. California Rules of Court.
3. Judicial Council Forms.
4. A legal dictionary such as Black’s or Gifis’s Law
Dictionary by Barron’s (for assistance with terms
found in LOPM or LPH).
For more information on the CCLS (California
Certified Legal Secretary) check out the OCLSA and
LSI websites. The exam is given in spring and fall
each year in both Southern and Northern California.
ORANGE BLOSSOMS OCTOBER 2018 PAGE 19
ORANGE BLOSSOMS OCTOBER 2018 PAGE 20
U.S. COURTS WEBSITES:
United States District Court – Central
www.cacd.uscourts.gov
United States Bankruptcy Court – Central
www.cacb.uscourts.gov
9th Circuit Court of Appeals
www.ca9.uscourts.gov
United States Supreme Court
www.supremecourtus.gov
LEGAL WEBSITES:
Legal Secretaries Incorporated (LSI)
www.lsi.org
Judicial Council Forms
www.courtinfo.ca.gov/forms
Smart Rules
www.smartrules.com
California State website
www.ca.gov/state
OTHER HELPFUL WEBSITES:
Internal Revenue Service website -
http://www.irs.gov/
List of the US state websites -
http://www.usa.gov/Agencies/State-and-
Territories.shtml
IRS page on Protecting Your Personal
Information -
www.irs.gov/privacy/article/0,id=179820,00.
html
find original URL hiding behind a short URL
www.unfurlr.com
find the local time of a city -
qlock.com/time/
copy special characters that aren’t on the keyboard -
copypastecharacter.com
a better search engine for twitter -
postpost.com
create flowcharts, network diagrams, sitemaps, etc. -
lovelycharts.com
best place to find icons of all sizes- iconfinder.com
download templates, clipart and images -
office.com
the easiest way to setup email reminders -
followupthen.com
scan any suspicious file or email attachment for
viruses -
www.jotti.org
print web pages without the clutter - www.printwhatyoulike.com
ORANGE BLOSSOMS OCTOBER 2018 PAGE 21
Employment Corner – Angela Valles PART TIME LEGAL SECRETARY
Huntington Beach law firm specializing in public and private sector labor and employment law seeks entry-
level legal secretary to provide litigation and administrative support. Experience preferred, but WE WILL
TRAIN THE RIGHT CANDIDATE. This is a great opportunity for an entry level legal secretary or
experienced administrative assistant who is looking to advance his/her legal career. Under the guidance of a
senior paralegal, you will assist with all aspects of litigation; including, but not limited to proofreading
documents, preparing shells for pleadings and discovery requests, scheduling and reserving court reporters,
overseeing service of process of subpoenas, deposition notices, pleadings, prepare Court forms, etc.
At a minimum, the ideal candidate MUST possess the following:
• Proficiency in Microsoft Word, Outlook, Excel, and Adobe Acrobat
• Type min 60-65 WPM
• Highly organized and detail oriented
• Willing and able to learn
• Strong verbal and written communications
• Managing data files
• Ability to prioritize
• A Can-Do attitude
• Contributes to an atmosphere of teamwork and congeniality
• Experience with multi-line phone system
• Be consistently at work and on time when scheduled
• Ability to maintain a pleasant composure and demeanor at all times
• Ability to follow instructions and complete tasks in a timely manner
This PART-TIME front desk position can entail other legal and administrative office tasks and grow into a
more advanced position. Hours needed will be a minimum of 20-25 hours at $15-$25 per hour depending on
experience. Email cover letter and resume with subject LEGAL SECRETARY to [email protected].
Immediate opening in Irvine for experienced legal assistant. We are a small, friendly office with 4 attorneys.
You will be working directly with our probate and estate planning attorneys. Assist with litigation filings and
preparation of estate planning documents. Other responsibilities include composing and proofreading
correspondence and documents and shared phone duties. You will have direct contact with our clients. Our
ideal candidate will have experience with OneLegal for efiling of court documents, working with Timeslips,
CEB Essential Forms, Quickbooks, and Microsoft Word. Good benefits. Please email or fax your resume and
a cover letter.
Interested candidates are asked to respond via email to [email protected] or via fax to 949-261-6935.
OC boutique employment litigation firm seeking exp. legal secretary to assist with state & federal court e-
filings, calendaring & other administrative duties. Position is full time and comp. is commensurate w/ exp.
Email resume to: [email protected].
continued on page 22
ORANGE BLOSSOMS OCTOBER 2018 PAGE 22
Governor’s Report –
Pamela Schuld, CCLS
LSI’s quarterly conference was held August 17-
19, 2018, in Stockton, California. We had a great
time. The hosting association from Stockton-San
Joaquin County Legal Professionals Association
did a fabulous job.
J. Cori Mandy, CCLS kicked off Friday evening
with an educational seminar put on by the CEC
on “Grand Juries: The Differences Between the
Civil and Criminal Grand Jury Process and How
Important the Criminal Grand Jury Process is to
Justice” presented by Caitlin M. Casey, San
Joaquin County Deputy District Attorney. I did
not arrive in time to catch the seminar, but it was
quite the buzz as I heard talk about it throughout
the conference.
There have been several proposals presented to
the Governors and lengthy discussions during the
past year regarding a potential LSI per capita
increase. One option was to raise per capita $5 a
member and give each member membership into
one Legal Specialization Sections at no additional
charge. Membership in additional Legal
Specialization Sections would be $15 each. The
second option was to raise per capita by $20 a
member and each member would get membership
in all six Legal Specialization Sections at no
additional charge. The Executive Committee felt
that with an increase in per capita, something
needed to be offered to the membership in return.
With membership in the Legal Specialization
section you can attend the seminars at conference
at no charge with advance reservations and get a
quarterly newsletter. Both of these options were
voted down at the Annual Conference in May
2018.
At the recent conference held in August 2018, a
third proposal was brought to amend LSI’s
Bylaws to increase the per capita tax (which is
part of everyone’s dues) from $20 to $30 per
year. The Governors discussed this proposal
further at a special meeting held Friday night. A
motion was also brought before the Governors to
postpone the vote to the November Conference
which was voted down. The vote was held and
the motion to increase the per capita tax from $20
to $30 per year was adopted by majority vote.
This increase will be effective May 2019.
the motion to increase the per capita tax from $20 to
$30 per year was adopted by majority vote. This
increase will be effective May 2019.
The next LSI Quarterly Conference will be held on
November 9-11, 2018 at the Silver Legacy Hotel,
Reno, Nevada and will be hosted by Santa Clara
County LPA. The LSI Conferences are lots of fun
and a great time to meet other legal professionals and
to network. We encourage all of our members to try
to attend the quarterly conferences.
As always if you have any questions please feel free
to contact me at [email protected].
Small litigation law firm in Newport Beach seeks a
part-time experienced (5-10 years minimum)
Litigation Legal Secretary who can work strictly from
home. Must be detail oriented with knowledge of State
and Federal Court rules, procedures, and discovery
rules. Must know proper California State and Federal
calendaring rules -- and calculate deadlines by hand.
Must have excellent grammar, spelling, proofreading
skills and the ability to interact with clients regularly.
Our candidate should also be comfortable taking on
additional tasks as needed (even the most mundane),
must be able to quickly understand cases and
deadlines. Also, must have appropriate
equipment/software to work from home, printer,
scanner, Adobe Acrobat Professional, etc. The ability
to send mail from home and live locally in order to
deliver work product (pick up mail, motion binders,
trial documents, etc.) to the attorneys when needed.
Must be a self-starter that can work independently to
meet deadlines.
This position is not for someone that already works
full-time during the day. Compensation TBD. This is a
1099 position.
If you do not meet any of the qualifications listed
above, please do not apply as you will not be
considered.
Please submit a resume to [email protected].
continued from page 22
ORANGE BLOSSOMS OCTOBER 2018 PAGE 23
Parliamentary Procedure – Deborah
Schmidt, CCLS
1. Who keeps the records of all financial transactions?
2. Which officer represents students’ interests to the advisor?
3. Who is responsible for handling outside interruptions of meetings and has responsibility for conduct
of members at meetings?
4. Who keeps all records and counts votes in a business meeting along with the president?
5. Who is responsible for distributing minutes and agendas for regular meetings?
6. Who calls for committee meetings?
7. Who prepares the budget to meet government needs for the year?
8. What is an item of business called when it is introduced?
9. What is a motion adjourn used for?
10. What’s the difference between a standing committee and a special committee?
11. How does a committee propose action?
12. Who may vote in a business meeting?
13. In order for a topic to be considered by the council, what two things must happen?
14. What is a term that means to modify or change a motion?
15. What is the first thing a person says when he/she wants to make a motion?
16. In order to speak, from whom must a member get recognition?
17. How does parliamentary procedure guarantee that only one issue is discussed at a time?
18. Most motions call for what percentage of the vote to pass?
19. In voting, do you vote for a main motion or its amendment first?
20. What does tabling a motion or “laying it on the table” mean?
Answers on page 28
ORANGE BLOSSOMS OCTOBER 2018 PAGE 24
Something Worth Reading - Felicia Wilkins
4 Legal Documents to Have in Place Before
Your Child Goes off to College
Source: findlaw.com
By: Christopher Coble, Esq.
It almost that time when your baby goes from high
school senior to first year college student. And
while you're juggling all the emotions that can
arise when a child goes off to college, there are
some legal issues you might want to handle before
classes start this fall.
If you're worried about your child's health,
finances, and grades when they go to college, here
are four essential documents to ease your mind:
1. FERPA Authorization
You might've had easy access to your child's
academic information when they were in high
school, but now that they're (likely) 18 and off to
college, you need their permission to see their
grades. The Family Educational Rights and
Privacy Act (FERPA) is a federal law that protects
the confidentiality of student records, granting sole
control of those records to the student. This means
that parents either need their child's consent to
view academic records, or the need to prove they
still claim their child as a dependent. Consent can
be a tough ask, but it may be worth negotiating.
2. HIPAA Authorization
Where FERPA controls parental access to
educational records, HIPAA controls access to
medical records. The Health Insurance Portability
and Accountability Act (HIPAA) establishes data
privacy and security guidelines for patients'
medical information, and generally prohibits
doctors and medical professionals from disclosing
any individually identifiable information that
relates to a person's physical or mental condition
or the provisions of their health care. And, like
FERPA, parental access to those records requires
an 18-year-old's consent.
3. Access to Financial Records
You might also want to keep an eye on your
child's financial situation. (Especially if you're
making significant contributions to that situation.)
Just be aware that some states have financial
privacy laws that can limit access to bank
accounts, credit card bills, and other financial
reports, especially if your name isn't on the
account. If the account is solely in your child's
name, again, you may need their consent to see
what's going on.
4. Living Will / Durable Power of Attorney /
Medical Power of Attorney
Part of being a parent is hoping for the best while
planning for the worst. So, do you have a plan if
your child -- God forbid -- becomes
incapacitated? Living wills, durable powers of
attorney, medical powers of attorney, and
advance directives can all address different
aspects of such a scenario. All perform different
functions, so you may want or need just one or all
four, but if medical or end-of-life decisions need
to be made while your child is incapacitated, they
are essential.
Before your nest gets a little emptier this fall, you
may want to talk to an attorney about any and all
legal documents you'll need.
ORANGE BLOSSOMS OCTOBER 2018 PAGE 25
ORANGE BLOSSOMS OCTOBER 2018 PAGE 26
Law Office Product & Management
Can You Ban Employees From Wearing Nike?
Source: abajournal.com
By: Christopher Coble, Esq.
Legal questions can often be split into two parts:
whether you can do something, and whether you
should. And the answers to those aren't always the
same.
Such is the case with the latest blip in pseudo-
political outrage over Nike making former NFL
quarterback Colin Kaepernick the face of its latest
"Just Do It" campaign. The move angered many
(although apparently not its customers or investors),
causing some to mutilate or burn already purchased
Nike apparel and even led to rumors of businesses
banning employees from wearing Nike at work. So,
can you ban your employees from wearing Nike?
And should you?
Dress Codes and Can Yous
Employers are generally given a considerable
amount of discretion in setting and enforcing dress
codes, so long as the dress code isn't
discriminatory or based on gender, race, or religion.
So, a company-wide no-Nike policy could be legal.
However, some states (like California) are
particularly protective of political speech at work.
And, in this case, it's hard to divorce a Nike ban
from its political underpinnings.
The reason Nike's association with Kaepernick is in
any way controversial is that the former QB claims
he has been blackballed from the league after
kneeling during the national anthem before games
to protest race-based police brutality and
inequalities in the criminal justice system. Those
protests were mischaracterized by many as anti-flag
or anti-troop, and garnered the scorn of President
Trump. Therefore, an employee donning Nike gear
at work could feasibly argue that they are doing it
for political reasons, and, if you're in a state that
offers legal protections for employees based on
their political expressions, a Nike ban could get you
into trouble.
met with considerable scorn, and,
as Workforce asks:
"[W]hat signal does this policy send to your
employees? Do you want Stepford employees? Do
you want a homogeneous workforce where
everyone thinks and acts and dresses the same, and
is punished for expressing themselves differently?
It's one thing to have a personal appearance policy
Shoes, the Swoosh, and Should Yous
While you might be able to ban Nike from the
workplace, do you really want to? Those that have,
like Louisiana Mayor E. Ben Zahn III, have been met
with considerable scorn, and, as Workforce asks:
"[W]hat signal does this policy send to your
employees? Do you want Stepford employees? Do
you want a homogeneous workforce where everyone
thinks and acts and dresses the same, and is punished
for expressing themselves differently? It's one thing
to have a personal appearance policy (no offensive
clothing, neat appearance, etc.), but another to ban a
company's products because you, as an employer,
disagree with its choice of spokespeople. It's
certainly not a workplace at which I would want to
work."
If your goal is to keep your small business running
smoothly and avoid political conflict in the office,
focusing on your employees' productivity, rather than
their choice in footwear, seems like the way to go.
And before you institute any dress code, you might
want to talk to an experienced employment attorney
to avoid any legal ramifications.
Continued from page 14
9. If a landlord wants to terminate a month to-
month tenancy of a resident of less than one
year, he may give a:
(a) 60-day written notice
(b) 3-day written notice
(c) 30-day written notice
10 This has priority over any lien, mortgage, deed
of trust, or encumbrance:
(a) Unlawful detainer
(b) Preliminary bond notice
(c) Mechanic’s lien
ORANGE BLOSSOMS OCTOBER 2018 PAGE 27
Why do experienced female lawyers leave?
Disrespect, social constraints, ABA survey says
Source: abajournal.com
By: Liane Jackson
Women in law already face unique challenges, but for
those practicing more than 20 years, the likelihood of
continued longevity becomes even more stark.
That issue was highlighted during the ABA panel
discussion “Long-Term Careers for Women in Law:
What’s Pushing Women Out and What Can We Do to
Keep Them in the Profession,” on Friday during the
ABA Annual Meeting in Chicago.
Preliminary results from a survey of 1,300 respondents
from the nation’s 350 largest firms, conducted in
partnership with ALM Intelligence, underscored the
disparate challenges, stereotypes and burdens women
lawyers faced compared to their male colleagues, even
at the senior level. For example:
• 81 percent of women say they were mistaken for a
lower-level employee, but this didn’t happen to
men.
• 60 percent of women said they’d left firms because
of caretaking commitments, compared to 46 percent
of men.
• 54 percent of women said they were responsible for
arranging child care, as opposed to 1 percent of
men.
• 39 percent of women said the task of cooking meals
fell on their shoulders, compared to 11 percent of
men.
• 34 percent of women say they leave work for
children’s needs, versus 5 percent of men.
“Too many great minds are leaving the profession,”
said JoAnne Epps, executive vice president and
provost of Temple University, and former dean of
Temple Law School in Philadelphia. “Everyone needs
to care about that—not just women, not just men. I
really believe that what we bring is valuable, and our
loss is significant. If people recognize it’s a crisis, it’s
a step in the process to fix this.”
Dismal longevity statistics for senior women lawyers
prompted a groundbreaking focus on the issue by the
ABA under the leadership of President Hilarie Bass.
ee
Law Office Administration
Her initiative, “Achieving Long-Term Careers for
Women in Law” included focus groups and research to
determine best practices to promote success for senior
women attorneys.
“We don’t say ‘fix the women,’ we say let’s fix the
workplace so these talented women have a good basis
for staying in the legal profession,” said Stephanie
Scharf, co-chair of the presidential initiative’s advisory
council and a partner at Scharf Banks Marmor.
Joyce Sterling, senior researcher for the presidential
initiative and emeritus professor of legal ethics and the
legal profession at the University of Denver Sturm
College of Law, said, “The set of social constraints had
a much larger impact on women than men.”
But there was one common denominator: Men and
women both had comparable overall satisfaction with
the practice of law, a statistic researchers say
underscores that women don’t want to leave—they feel
pushed out.
“Just having the data is critical,” said Roberta
Liebenberg, co-chair of the initiative’s advisory
council and senior partner at Fine, Kaplan and Black in
Philadelphia. “We really hope to switch mindsets so
law firm leaders start understanding the importance of
retaining senior women lawyers. Because if senior
women lawyers keep leaving the profession, we are
never going to get over 20 percent equity partners
because we won’t have the bodies to do it.”
Lauren Stiller Rikleen, a member of the ABA
Journal Board of Editors, expressed frustration that
numerous studies over the years have produced
supposed solutions to the problem of gender inequity
in firms, but the problem remains of how to truly move
the needle.
Scharf, who also chairs the ABA Commission on
Women in the Profession, she shares the frustration.
“It’s a series of small steps, like crawling to walking to
running.”
“I truly believe we’re in the midst of a change,” she
said. “The more we’re talking about it and trying to get
solutions, even if they’re not perfect, change is
coming.”
The final report will be released in September.
ORANGE BLOSSOMS OCTOBER 2018 PAGE 28
Notary News
When Can A Notary Notarize A Will?
Source: nationalnotary.org
By: NNA Staff
If the will requires notarization, yes, you may
notarize it provided all requirements for
notarization are met. These include:
• The document signer must be present and
competent to execute the document.
• The signer must be personally known to
you or produce appropriate identification.
• The document must have a notarial
certificate or the document signer must
direct you to add one.
ANSWERS TO CCLS QUIZ
1. a
2. a
3. b
4. a
5. b
6. b
7. c
8. c
9. c
10. c.
ANSWERS TO PARLIMENTARY
PROCEDURE QUIZ
1. The treasurer
2. The president (may vary)
3. The sergeant-at-arms
4. The secretary
5. The secretary
6. The committee chair
7. The officers/treasurer
8. A motion
9. To end a meeting
10. Standing goes on all year and from
year to year; special is set up temporarily
for a certain need or issue
11. A member makes a motion
12. All members except the chair
13. A motion and a second
14. Amend
15. “I move that…”
ORANGE BLOSSOMS OCTOBER 2018 PAGE 29
Legal Procedures
Accused man has the right to insist his
lawyer refrain from conceding guilt,
Supreme Court rules
Source: abajournal.com
By: Debra Cassens Weiss
The U.S. Supreme Court ruled on Monday that
a man accused of murder has the right to insist
his lawyer refrain from conceding his guilt at
trial.
The court ruled that the Sixth Amendment
gave the defendant, Robert Leroy McCoy, the
right to make that determination.
Justice Ruth Bader Ginsburg wrote the majority
opinion. Justice Samuel A. Alito Jr. dissented,
joined by Justices Clarence Thomas and Neil
M. Gorsuch.
“We hold that a defendant has the right to insist
that counsel refrain from admitting guilt, even
when counsel’s experienced-based view is that
confessing guilt offers the defendant the best
chance to avoid the death penalty,” Ginsburg
wrote.
“Guaranteeing a defendant the right ‘to have
the assistance of counsel for his defense,’ the
Sixth Amendment so demands. With individual
liberty—and, in capital cases, life—at stake, it
is the defendant’s prerogative, not counsel’s, to
decide on the objective of his defense: to admit
guilt in the hope of gaining mercy at the
sentencing stage, or to maintain his innocence,
leaving it to the state to prove his guilt beyond a
reasonable doubt.”
McCoy was sentenced to death in January 2012
for the May 2008 murders of the son, mother
and stepfather of his estranged wife. McCoy’s
parents hired Larry English to represent
McCoy, paying him $5,000 borrowed against
their car title.
McCoy refused his lawyer’s suggestion to
accept a plea deal and objected when English
informed him that he planned to concede guilt.
ee
English’s plans, “a concession of guilt should
have been off the table,” Ginsburg said.
A client may want to avoid “the opprobrium
The lawyer maintained the concession was
necessary because he had an ethical duty to save
McCoy’s life.
English had argued that McCoy was guilty, but
he was suffering from serious emotional issues
that interfered with his ability to make rational
decisions.
McCoy testified that a drug trafficking ring
headed by law enforcement was responsible for
the murders and had framed him.
Ginsburg acknowledged that English was in a
difficult position due to “an unruly client” and a
strong government case. He reasonably thought
the objective of his representation should be to
avoid the death penalty. But once McCoy
insisted he didn’t kill anyone and objected to
English’s plans, “a concession of guilt should
have been off the table,” Ginsburg said.
A client may want to avoid “the opprobrium
that comes with admitting he killed family
members,” Ginsburg said. Or a client “may hold
life in prison not worth living and prefer to risk
death for any hope, however small, of
exoneration.” That choice must be respected,
she said.
In his dissent, Alito argued that, rather than
admitting his client was guilty, English
admitted just one element of the offense—that
his client had killed the victims. English still
maintained his client didn’t commit murder
because he lacked the intent required for the
offense.
“So the court’s newly discovered fundamental
right simply does not apply to the real facts of
this case,” Alito said.
The case is McCoy v. Louisiana.
ORANGE BLOSSOMS OCTOBER 2018 PAGE 30
Civil Litigation
'Liking' Racist Social Media Posts Can Be
Grounds for School Suspension
Source: findlaw.com
By: Christopher Coble, Esq.
As the Supreme Court said in one of the
seminal free-speech-in-school cases, "It can
hardly be argued that either students or
teachers shed their constitutional rights to
freedom of speech or expression at the
schoolhouse gate." So if students still have
First Amendment rights on school grounds,
what about speech that takes place outside of
school? And do "likes" on social media posts
fall under freedom of speech protections?
A student at a high school in the Bay Area
started a racist Instagram account, and had
other students interacting with the posts. A
federal judge just ruled that the school could
discipline those students for their social
media activity, even off-campus.
A Racist Instagram Account
An anonymous student, referred to as C.E. in
court documents, created a private Instagram
account called @yungcavage that featured
posts targeting black female classmates and
staff, as well as other racist memes.
The posts compared black classmates to
gorillas, showed a black female classmate and
basketball coach with nooses drawn around
their necks, and depicted the back of a black
female student's head, captioned "F***ing
nappy ass piece of sh**." C.E. also allegedly
posted a "Ku Klux starter pack" featuring a
noose, a burning torch, a white hood, and a
black doll.
C.E. was expelled, and several other students
were suspended for liking and replying
favorably to the posts. They sued, claiming
the discipline violated their free speech rights.
A Substantial Disruption
The judge in the case did find that several
students who only followed the account or
interacted with it minimally were improperly
disciplined. But for the most part the court
agreed with other courts that have ruled in
A Substantial Disruption
The judge in the case did find that several
students who only followed the account or
interacted with it minimally were improperly
disciplined. But for the most part the court
agreed with other courts that have ruled in
favor of schools punishing students for off-
campus speech, in certain circumstances.
The Supreme Court case quoted above was
called Tinker v. Des Moines Independent
School District, and the plaintiff students tried
to use it in their favor, arguing the school
didn't show that the students' expression on
Instagram would lead to a substantial
disruption of the school environment
sufficient enough to discipline them. But U.S.
District Judge James Donato disagreed:
"Taken as a whole, the record firmly
establishes that C.E. caused a substantial
disruption at AHS ... That is enough under
Tinker to support defendants' disciplinary
measures, and consideration of whether C.E.
also invaded the rights of others is not
necessary. Plaintiffs try to minimize the level
of disruption by blaming the district for
overreacting, but it is clear that with or
without the intervention of school officials,
the students learned about the @yungcavage
account and had very strong reactions to it
while at school. That the disruption fell short
of a full-scale riot is also of no moment."
Therefore, the punishment for most of the
students involved with the account will stand,
and the case serves as a reminder that free
speech does not always equal consequence-
free speech.
ORANGE BLOSSOMS OCTOBER 2018 PAGE 31
Court Notice
ORANGE BLOSSOMS OCTOBER 2018 PAGE 32
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