34
Orange Blossoms OCLSA Presents: Proper Use & Selection of a Vocational Expert in Family Law, Workers Comp., Personal Injury Labor Law and Social SecuritySpeaker: 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. VOLUME LXVIV. NO.4 OCTOBER 2018

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Page 1: 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 ...oclsa.org/uploads/1/1/5/9/115923907/october_2018.pdfMenu: Chicken Marsala topped with mushrooms and wine sauce served with

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

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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

[email protected]

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]

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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!

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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

[email protected].

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:

[email protected]

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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

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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

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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

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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!

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ORANGE BLOSSOMS OCTOBER 2018 PAGE 9

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ORANGE BLOSSOMS OCTOBER 2018 PAGE 10

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ORANGE BLOSSOMS OCTOBER 2018 PAGE 12

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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

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ORANGE BLOSSOMS OCTOBER 2018 PAGE 15

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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”.

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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

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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.

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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

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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

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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

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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

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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.

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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

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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.

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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…”

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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.

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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.

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Court Notice

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