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					                                                                                                     E A ER NT NA V
                                                                                 P R E S I D E N T ’DS PP R T MSEP E C T IM EE

It is an Honor...                                                              Congratulations...
BY   KRISTINE FARMER,               RP                                         BY    DIANNA SMILEY,                  RP

   ... to be elected NFPA’s President, and I would like to again thank           I am pleased to announce that Susan Ippoliti, Michele Boerder RP,
my local member association, the Dallas Area Paralegal                         Celia Elwell RP, Victorialei “Nohea” Naka’ahiki, Nancy Heller RP, and
Association, and the Western New York Paralegal Association for                Deborah Hampton, to name a few have been selected as “legal experts
their vote of confidence in nominating me for this position; and to            in their respective fields” by Carole A. Bruno, author. Ms. Bruno features
the delegates who expressed their support, congratulations and
                                                                               these individuals and others in her forthcoming book: Lessons From
good wishes. I would also be remiss if I did not thank my firm,
                                                                               The Top Paralegal Experts: The 15 Most Successful Paralegals in
Godwin Gruber, LLP in Dallas, and the attorneys with whom I work
                                                                               America and What You Can Learn From Them. These individuals
for their support and encouragement.
   I look forward to a terrific year working with the talented and             have long been active in and supportive of NFPA and it is very exciting
dedicated members of the Board of Directors, coordinators and                  to see that they have been recognized and honored in this fashion. If
committee members along with the delegates who create the poli-                you would like more information on these and the other individuals
cies that drive our Federation forward.                                        who were selected, how they were selected, or about Ms. Bruno’s book,
   My first glimpse of NFPA came in 1998 when I attended my first              visit her website at: www.carolebruno.com.
NFPA convention in Alaska. Wide-eyed and overwhelmed, I returned
home to Dallas with the realization that I had just participated in an         T h a n k Yo u !
experience of a lifetime. The following year, I attended both conven-             I want to once again thank everyone associated with NFPA for the
tions in New Orleans and Atlanta, and also NFPA’s National                     tremendous support and encouragement they have provided me the past
Leadership Conference, and believed that I had found my “True                  two years while I served as NFPA President. It has been the most reward-
North.” Since that time, I have plotted a course using NFPA as the             ing experience of my life. I congratulate the NFPA delegates for electing
North for my professional compass. And the journey has led me here             a Board of Directors who I know will continue to lead NFPA and the par-
— to this place 7 years later — as President.                                  alegal profession to new heights. I now turn over the reins to Kristine
   My purpose in seeking the office of NFPA President was not because          Farmer and wish you all a very successful year.
of its glories but because of its challenges. As I mentioned in my can-
didate speech, a leader does not set out to be a leader, but becomes one            Dianna L. Smiley, RP resides and works in the Sacramento,
                                                                               California area. She is a contract paralegal working primarily in
by the quality of her actions and the integrity of her intent.                 the practice areas of family law, probate and estate planning and
   Within my Statement of Candidacy I set out some of the main goals           social security. Dianna has been a paralegal for over thirteen
I would like us to accomplish over the next year: (1) creating a con-          years and was most recently NFPA President from 2003-2005.
                                                                               The NFPA Board of Directors recently appointed Dianna to serve
vention planning committee; (2) giving our website a facelift; (3)             as PACE Coordinator for 2005-2006.
creating new high-level goals to further our Strategic Plan; and (4)
growing our Federation by another 3 associations. The achievement                support, and all of the board members with whom I served over the past
of these goals will require a lot of our time and talent. We will need dele-     two years for their team spirit, confidence and passion for NFPA and the
gates and members to step forward to fill the many coordinator positions.        paralegal profession, all of whom have been an inspiration to me.
It will mean working hard — but the payoff will be well worth our col-              NFPA is the oldest national paralegal association and its members are
lective efforts.                                                                 the very best paralegals in the country – the crème de la crème. I would
   We are well on our way to accomplishing those goals. During the               like to share with you a sentiment from my favorite television show The
incoming board meeting at the convention, committees were formed                 West Wing: “NFPA’s a group. We’re a team. From the president on
and charges and timelines were created to lay the groundwork for suc-            through to our newest member association, we’re a team. We win
cess. It’s going to be an exciting year!                                         together. We lose together. We celebrate and we mourn together. And
   Also in my Statement of Candidacy, I discussed Jim Collins and his            defeats are softened and victories sweetened because we did them
terrific book entitled, Good to Great. In reading this book, I learned of        together.”
the successes and failures of good companies and great companies.                   The beginning of a new year for NFPA brings us together again to
From my own experience as a former delegate and coordinator, and                 continue our journey down the path from Good
then as board member of NFPA, I have learned that the path to great-             to Great. I look forward to the adventure.
ness is paved with many challenges and obstacles. The key to meeting
those challenges and overcoming those obstacles is the ability to work               S. Kristine Farmer, RP, is a paralegal with the law firm of
                                                                                 Godwin Gruber, LLP in Dallas, Texas. She is a board certified
together for the betterment of NFPA and the paralegal profession as a            legal assistant in civil trial law by the Texas Board of Legal
whole.                                                                           Specialization, and has been a paralegal for 15 years, working
   I especially would like to thank Dianna Smiley for her unwaivering            primarily in the areas of labor/employment and surety/con-
                                                                                 struction litigation.



                                                                         National Paralegal Reporter June/July 2005 1
        COVER ARTICLES
        Immigration Law, at a Large Corporation
    6   This litigation paralegal also handles immigra-
        tion issues!

  10    Immigration from First Person
        Perspective: Legal Status of Immigration
        The client situations this paralegal deals with
        everyday are very different from her own immi-
        gration experience.
  14    Accent Discrimination in Employment:
        Say What? Between 1990 and 2000, the
        foreign-born population in the U.S. increased
        by 57 percent...

  17    Immigration Law for Paralegals: A book
        Review This book offers practical informa-
        tion for handling immigration cases.

        FEA TURES
        Selecting A Reputable Translation Agency
  38    If you need an accurate translation...

  4 2 A Few Good Tips: Finding the Right to
      Investigation Firm Paralegals are turning              Publisher ROI Marketing Services             Articles: Readers are invited to submit
                                                             Managing Editor Barbara Riedel               article queries, material for consideration
        corporate investigative firms for conducting         Editor Dan O’Leary
                                                                                                          for publication, and replies to previously
                                                                                                          published articles to: Editor, 11826
        research and background checks.                      Proofreaders Sue Macfee, Helen               Washington Street, Kansas City, MO
                                                                                                          64114 or send to editor@paralegals.org
                                                             Federline, Holly Manlove, Dianna Smiley,
                                                             Irene Yakovlevich                            or roieditor@kc.rr.com. All materials are
                                                                                                          subject to editorial revision.
  4 4 Using the Internet for Legal Research: Dead            Advertising Manager Dan O’Leary
                                                             (816) 942-1600
                                                                                                          National Paralegal Reporter, ISSN 1058-
                                                                                                          482X, is published six times per year in
        Print and Book TV While the Internet has             Circulation Manager                Duane     Feb/March, April/May, June/July,
                                                             Braconnier (206) 652-4120 ext 120            Aug/Sept, Oct/Nov, and Dec/Jan for $33
        changed the way paralegals do research, where        (subscriptions & back issues)                per year ($59 for two years) by the
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  4 8 Criteria and Qualifications for Forensic               Publishing Policy: Articles printed in the   City, MO, and additional mailing offices.
                                                             National Paralegal Reporter express the      Please direct all National Paralegal
      Accounting This article briefly discusses the          opinions of the individual authors and do    Reporter inquiries to ROI Marketing,
                                                             not necessarily represent the formal posi-   11826 Washington Street, Kansas City,
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        selection of a forensic accounting expert witness.   Copyright© 2005 National Federation of       Please direct all NFPA inquiries to NFPA,
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                                                             reserved.                                    Seattle, WA 98102, (206) 652-4120,
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2 June/July 2005 National Paralegal Reporter
         DEPARTMENTS
                                                             A First-Timer’s Look at the Convention
   1     President’s Perspective News from the new and
         outgoing Presidents.                                     There’s nothing like Las Vegas to make an Annual
                                                             Convention unique. Add to that the fact that it is your first NFPA
   4     First Timers Look This first timer recaps the
         convention — how exciting!                          Annual Convention and you’ve never been to Las Vegas before,
                                                             and you have the makings of a good time.
 13      Trip to South Africa Are you ready to go? Join
         us on a trip to South Africa!                            As the Paralegal Program Director at Pioneer Pacific College
                                                             I feel that it is important to keep up with trends in the paralegal
 18      Technology Department Mac Operating
         System vs Windows — do you know the options?
                                                             profession. I am involved with the Oregon Paralegal Association
                                                             and have a good idea of what the trends are locally. What bet-
 20      News of Note These interesting cases highlight
         the value of paralegals and fee recovery issues.
                                                             ter place to see what the national trends are than the NFPA
                                                             Annual Convention? After convincing the President of that fact,
 22      Region Director Updates News from the
         Region Directors.
                                                             I was on my way. As I suspected, the Convention was the per-
                                                             fect place to identify national and regional trends. It also gave
         PACE Update The instant test results are a suc-     me the opportunity to meet paralegals from around the country
 23      cess — hear about the details.                      who are the best at what they do.
                                                                  I attended four seminars on Thursday that taught me about
 24      NFPA Membership A quick update about mem-
         bership from Susan Ippoliti and the Coordinators.   how paralegals make trial presentations more effective, how to
         Treasurer’s Report The audit and budget are         manage stress (I have to admit I am still working on this one),
 25      both complete, learn more details.                  how e-discovery is done and effective internet research, and
                                                             how to develop people within organizations.
         National Pro Bono News With the passing of
 26      the new Medicaid Act, participants need to...            Friday started off with the Regional meetings. Boy, am I glad
                                                             I’m in Region I with Hawaii. They bring great treats. The Friday
         Ethics Is it moral or ethical? These two terms
 28      are used interchangeably, but are they?             afternoon sessions brought more information. By now I was about
                                                             ready to ask if I could be excused because my brain was full. The
         Association News Here is news from local
 30      NFPA Associations!
                                                             Gordie Brown show released some tension by causing me to laugh
                                                             until my face ached. The Treasure Hunt following the show had us
         NFPA Membership Benefit Learn more about
 34      Community American Credit Union.
                                                             racing up and down Freemont Street. Region I was robbed of vic-
                                                             tory by Region IV (Watch out, we’ll get you next year).
         2005 Annual Convention Update A few photos               Saturday and Sunday brought the Policy Meeting. It was
 35      and a thanks.
                                                             here that the issues were debated and decided. As an observ-
         Legislative Update Legislative updates from         er it was interesting to track how the various associations felt
 40      Arkansas, Florida, Illinois and Montana.            about the topics as they were brought to the floor.
         Utah Paralegal Day NFPA Member chats with                After late nights and early mornings, I left Vegas tired, but
 46      the Governor of Utah.                               inspired. The people I meet in Las Vegas are dedicated to their
                                                             profession and have a vision of what the future of that profes-
    IN EVERY ISSUE                                           sion should look like. This is not to say that everyone agreed on
                                                             what the future will bring, as evidenced in the policy meeting,
    13    Upcoming Events
                                                             but everyone seemed to agree that this is a defining time for the
    13    PACE Pins
                                                             paralegal profession.
    17    NFPA Chats
                                                                  My hope is that I can inspire my students to follow in the
    23    PACE Study Manuals
                                                             footsteps of each of you. Thank you for sharing your knowledge,
    36    NFPA Textbooks & Materials
                                                             opinions, and experiences. I’m already putting together my pro-
    36    Order Form                                         posal for next year. Hopefully, I’ll see you in Chicago.
    35    Advertisers Index
    37    NFPA Member Associations                               Shannon M. Donivan, JD, MBA
    41    NFPA Leaders & Advisors                                Paralegal Program Director, Pioneer Pacific College

3 June/July 2005 National Paralegal Reporter
COVER ARTICLE


  IMMIGRATION LAW
                                                        at a Large Corporation
  BY   KAREN SANTAGATA
                                                                                                                                     involved        transferring
     As a paralegal working in a corporate setting,                                                                                  employees from our
  I have found that my job description has                                                                                           Canadian subsidiary down
  expanded to include areas of the law that I                                                                                        to World Headquarters in
  would have never imagined I would be working                                                                                       the United States. However,
  in. My current title is “Litigation Specialist” and                                                                                lately, due to the hiring for
  my primary duties include the obvious – litiga-                                                                                    technical positions, the
  tion, insurance defense, and bankruptcy.                                                                                           more recent petitions have
  However, because I support the Assistant                                                                                           been for visas in the skilled
  General Counsel who is responsible for all liti-                                                                                   laborers classification
  gation and employment matters for the corpo-                                                                                       (H1B). The recruiters from
  ration, my duties have also expanded into the                                                                                      our Human Resources
  employment arena. As you might guess, respon-                                                                                      Department have seen an
  sibilities of immigration fall into the employ-                                                                                    influx in foreign students
  ment portion of my job.                                                                                                            graduating from colleges
                                                                                                                                     throughout the United
  R o l e s Pa r a l e g a l s P l ay                                                                                                States, who then wish to
  in the Immigration                                                                                                                 seek employment in the
  Process                                                                                                                            United States. In this
                                                                                                                                     regard, we have hired sev-
     Now the question is what role do paralegals                                                                                     eral graduated students
  have in the immigration process in a corpora-                                                                                      who have received their
  tion? Unless you know the complete structure of                                                                                  Optical Practical Training
  the corporation, you would not know that a corporation could be a parent corporation of            (OPT) work permits through the college allowing them to
  many smaller subsidiary companies or vice versa. The different companies do not have to            work in the United States for a one-year period upon grad-
  be in the same state, let alone in the same country. American Greetings Corporation has            uating. It is sometimes hard to convey to a hiring man-
  subsidiary companies in Mexico, Canada, United Kingdom, and Australia, to name a few.              ager that if an individual is perfect for a position and is
  Also, we have employees who work throughout the world, including all across Europe and             working on his/her OPT, that after the initial year there is
  Asia. Because of this worldwide employment base, at times there are opportunities for              a possibility that he/she will no longer be allowed to be
  employees to transfer between companies and between countries. Thus, you can start to see          employed by the company. With the combined efforts of
  the connection between employment law, immigration, and the responsibilities of a par-             the human resources’ recruiter and myself, we work to
  alegal in a corporate legal department.                                                            provide guidance for all involved.
     Immigration law is a very complex category of law -— especially more so after September
  11, 2001. It takes a great dedication to master it, or to at least get a handle on what fits the   Fa s t C h a n g i n g L aw s a n d
  needs of your particular corporation. It has become my responsibility to facilitate the visa
                                                                                                     Regulations
  process for employees who are asked to transfer between World Headquarters and our foreign
  subsidiary locations. I also work with our Human Resources Department when a new hire                 As you can imagine, it takes an attorney who is very spe-
  is brought on board who requires a visa in order to be able to work for a U.S. company.            cialized in the immigration field to be able to keep up-to-
     As an employer, it is our responsibility to petition the U.S. Citizenship Immigration           date with the fast changing laws and regulations. What is
  Service/Department of Homeland Security for the different employer-sponsored working               true today may change tomorrow. We tend to rely heavily
  visas. The most popular type of visa in our corporation is the intra-company transferee non-       on an outside attorney whose primary focus is immigra-
  immigrant visa (L1A), with most recently a skilled laborer non-immigrant visa (H1B)                tion to keep us informed of anything that may impact the
  holding a close second. For some time, the majority of my immigration assignments                  foreign employees who we > continued on page 8

4 June/July 2005 National Paralegal Reporter
                                                                    have hired and the
                                                                    requirements of the         – as time is money out of the corporation’s pocket. The
                                                                    corporation to keep us      attorney will prepare all of the paperwork, but it is my
                                                                    in compliance with the      responsibility to completely and thoroughly proofread all
                                                                    newest regulations.         documents for not only typographical errors, but also for
                                                                      As part of my job, I      the correct corporate information and the general content
                                                                    work very closely with      of the facts. When they are submitted to the internal attor-
                                                                    our outside attorney in     ney for signature, they must be in perfect format.
                                                                    the preparation of the         As with any good paralegal or immigration attorney,
                                                                    documents to be sub-        patience is a virtue. Once the petition has been filed, the
                                                                    mitted       to      the    waiting game begins. Because of my close working rela-
                                                                    Department             of   tionship with the waiting employee, I have learned to give
                                                                    Homeland Security for       complete support and understanding during the waiting
                                                                    approval. It is my          process.
                                                                    responsibility to be the
                                                                    company          liaison    Other Responsibilities
                                                                    between the foreign          It is also my responsibility to make sure that the corpora-
                                                                    national and the attor-   tion and the employees with the visas are both always in com-
                                                                    ney. By the time I am     pliance with the regulations of both the U.S. Citizenship and
                                                                    brought into the pro-     Immigration Service and the Department of Labor, in the
                                                                    cess, a job has usually   case of the individuals working for the corporation on a H1B
                                                                    been offered and the      visa. I periodically check with the employees to make sure
                                                                    individual wants to       that everything has remained the same in their status and to
                                                                    start immediately or is   make sure that the corporation is totally in compliance.
  > continued from page 6                                           actually needed imme-        Not only do I work on obtaining the different employer-
                                                              diately in the new position. I  related visas, I am also involved in the applications for per-
  must be highly organized and efficient and                                                                         manent residency/green cards for the
  start working immediately gathering the                                                                            employees that the corporation has
  proper backup documentation. The first step             It is my responsibility to be the                          agreed to sponsor. Again, I work on
  in the process is for me to completely analyze                                                                     gathering all the documents and sup-
  and understand the type of visa that will be            company liaison between the                                ply the outside attorney with those
  needed. While the different types of visas may          foreign national and the attorney.                         documents all the way through the
  seem to have very basic guidelines, when you                                                                       final submission for approval. As
  try to fit those guidelines into a specific job,                                                                   before, I must use the same profes-
  the more I know upfront, the quicker I can                                                  sional skills throughout this process. As we all know, this is
  answer questions posed. Through years of working hands on with the attorney, I have a very tedious waiting period and all emotions and feelings
  learned exactly what minimum requirements are needed for a specific type of visa – need to be considered, together with maintaining a sense of
  both from an employee standpoint and from that of the employer.                             respect and trust. On top of the list in my mind is the fact it
                                                                                              is someone’s future that I am responsible for. I must treat
  In the Beginning Stage                                                                      each person with the utmost respect, dignity and sensitivity.
     In the beginning stage, it is my responsibility to gather all the necessary documents in It can be very hard to convey to someone who is playing the
  order for the outside attorney to prepare the petition. I need to know which documents waiting game that there is virtually nothing that can be
  will be needed from the employee, including the documents for his/her family, (i.e., pass- done to hurry the process along. They only want to hear the
  port, birth certificate, marriage certificate, curriculum vitae), which ones from the cur- positive things.
  rent employer (i.e., employment verification letter, current job description, salary docu-     Some of the other areas in the immigration area that I
  mentation, organization chart), and which documents need to come from the new have come across are smaller in nature, but at least worth
  employer (i.e., very detailed job description, organization chart, salary documentation). mentioning. As was previously mentioned, American
  As mentioned, the majority of the visa recipients are current employees of the corpora- Greetings Corporation has employees throughout Europe
  tion. However, because subsidiaries are considered completely separate corporate entities, and Asia. Over the past few years, I have assisted in giving
  I must be in contact with both the foreign location and the United States base location. guidance to employees who have been transferred to
     After I have gathered the documents, I then work very closely with our outside attor- Okinawa and Germany. While most of the legwork must be
  ney during the preparation of the visa petition and the supporting documentation. It is placed upon the employees themselves upon arriving at
  very important that I am very thorough when submitting the paperwork to the attorney their foreign location, I have been able to lay the ground-

5 June/July 2005 National Paralegal Reporter
  work out for those employees. I have contacted foreign
  embassies to formulate the guidelines for our employees to
  work in these foreign locations, so that once they arrive in
                                                                              South Africa Trip
  the new location they can begin working and not be both-                       The paralegal delegation to South Africa was rescheduled because
  ered with the minor details. I also work closely with our                   we did not have enough people sign up in 2004. A deposit of
  Human Resources Department when various other topics                        $500 is required by May 30 to reserve a spot for the 2005 trip.
  relating to immigration arise — i.e., tax consequences for                     Our delegation departs for South Africa from New York on
  an employee working overseas, I-9 verification questions,                   September 26, 2005. Following our professional and cul-
  or an explanation of the North American Free Trade                          tural program in Johannesburg, we will travel to Kruger
  Agreement. (NAFTA).                                                         National Park and Cape Town for further exchange. We
                                                                              will arrive back in the United States on Oct. 5. Activities
  C o n s t a n t l y C h a n g i n g L aw s                                  for spouses and guests (who are welcome to participate)
                                                                              will include visits to historical and cultural sites for an
    Immigration laws are constantly changing and all of us
                                                                              opportunity to explore many aspects of South African
  have become affected one way or another. From the creation
                                                                              life, culture and customs.
  of the stricter guidelines established by the Department of
                                                                                 The delegation will meet with our paralegal counter-
  Homeland Security to the intense security at your local air-
                                                                              parts in South Africa to exchange information on the
  port, immigration law has become a way of life for everyone.
                                                                              use of non-lawyer professionals in the delivery of legal
       Karen Santagata works for American                                     services, how the legal system functions and ethical issues
  Greetings Corporation in Cleveland, Ohio as a                               relating to paralegal utilization. We expect to meet with par-
  Litigation Specialist. She received her
  Paralegal Certificate from the American                                     alegals employed in law firms, corporations, dispute resolu-
  Institute for Paralegal Studies, Inc. (AIPS).                               tion centers and the government.
  Karen is also a mentor for AIPS, and teaches
  a seminar that she developed, Practical Skills                                 Program details and a registration form are available by calling 1-877-
  for the Litigation Paralegal, this past winter.                             787-2000, e-mailing info@ambassadorprograms.org or, emailing me at bethk-
  Karen is an active member of the Cleveland
  Association for Paralegals.                                                 ing503@comcast.net. More information on People to People Ambassador Programs can
                                                                              be found on the Web site, www.ambassadorprograms.org.




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                                                                                             National Paralegal Reporter June/July 6
 COVER
    Immigration from First Person Perspective:
                            Legal Status of Immigration
   BY   NATASHA SAMUELS
                                                                                                   The situation of the client’s whose
      On any given weekday morning the phones of DelCastillo & Associates, a small
   Immigration law firm in Hartford, Connecticut can be heard ringing off the hook.                file I deal with everyday are very
      On the other end of those calls are usually anxious clients who hope that their early        different from my own immigration
   morning effort will connect them to the attorney for a status update on their case before he
   disappears into the Federal building for court or is immersed into his long day of sched-       experience. My journey to the United
   uled meetings with clients.                                                                     States was via easy street. This was
      From one corner of the office, someone alerts our bilingual staff of a Spanish caller by
   yelling “Spanish line 1.” Another employee can be heard on the phone speak-                     thanks in part to my mother...
   ing with the Department of Labor about the status of a labor certification
   application and another can be seen checking the status of a case on
   the United States Citizenship and Immigration Service website.
      Far away from the hustle and bustle of the employees, on this par-
   ticular morning a nervous couple with solemn faces can be seen sit-
   ting in the waiting area consulting each other over dates and former
   addresses while they complete our firm’s intake form.
      Like most of the firm’s clients, based on the solemn faces, one of
   the two has more than likely overstayed a non-immigrant visa
   which they used to gain admission into the country some years
   before. Or perhaps one person entered the country sometime in the
   past without inspection and has now met and married the love of
   their life and is now facing deportation as a result of their lack of
   status.

   My Own Immigration Experience
    The situation of the clients whose files I deal with every day are
  very different from my own immigration experience. My journey to                     Natasha, with her uncle, the day she arrived in America.
  the United States was via easy street. This was thanks in part to my
  mother who spared me the indignation and abuse suffered by many immi-
                                                                                                   my father’s beaming brown face on the stand, I blew him a
  grants here in the United States by going through the process herself.
                                                                                                   kiss goodbye and gave a general wave to the crowd before
    Once her papers were “straight” a flare up of political violence in my native Jamaica con-
                                                                                                   mounting the portable silver steps that led into the
  vinced my mother that it was time for me to move from the island. It took a total of four
                                                                                                   American Airlines jet.
  months for the approval of my petition for alien relative application and to be granted the
                                                                                                      At seven years of age I was too young to recognize the
  coveted immigrant visa interview at the U.S. consulate office in Kingston, Jamaica.
                                                                                                   opportunity that I was being afforded and the fact that at
    As it was the custom then, my entire village district traveled, most of them in open backs of
                                                                                                   that very moment there were people at the borders of Mexico
  the big Tata and Leyland trucks to the Norman Manley Airport in Kingston. There they said
                                                                                                   who were risking their lives and freedom for that very same
  their goodbyes, good wishes, and don’t forget me’s before I disappeared with my Dad into the
                                                                                                   privilege.
  crowded airport.
                                                                                                      My thoughts at that time were occupied with colorful toys,
    At the side of my appointed American Airlines flight attendant, I walked out onto the air-
                                                                                                   Nancy Drew books, chocolate ice cream and the beautiful
  port tarmac with the other travelers and my tell-tale, “first timer” big brown envelope which
                                                                                                   white snow that I would be able to play in. As I thought
  contained my medical records and x-rays.
                                                                                                   about my friends and family, I stubbornly vowed to return
    I strained against the sun and the hot Kingston heat to make out the faces of my family
                                                                                                   to the island as soon as I was old enough to make that deci-
  and neighbors who were crowded out on the airport’s viewing stand. Being only able to spot
                                                                                                   sion on my own.
7 June/July 2005 National Paralegal Reporter                                                                                        > continued on page 12
> continued from page 10                                                                                   reeling from the shock of the events and were mourn-
    Apart from the snow, my thick accent and a few mean spirited banana boat jokes, I quickly adjust-      ing the enormous loss of lives, immigrant communi-
  ed to my new life in America. My only immigration issue during my first 10 years was a missing alien     ties were already nervously whispering of the wrath
  card followed by a threat from an Immigration and Naturalization Service (INS) officials that I was      that was to come.
  too old to have the fingerprint waived from my alien card.                                                  The entire immigrant community was now sus-
    Still on easy street, and against my wishes, I acquired my United States citizenship as a derivative   pect, and all of us were thrown under the powerful
  beneficiary of my mother’s approved application.                                                         microscope of U.S. officials. The old INS gave way to
                                                                                                           organizations like I.C.E. (Immigration and Customs
  A Return Trip to the Island                                                                              Enforcement), U.S.C.I.S. (United States Citizenship
     A trip to Jamaica following my 1995 college graduation opened my eyes to the economic value and       and Immigration Services) and the Department of
  unlimited prospects of life                                                                                                       Homeland Security.
  in America. I was now                                                                                                                 The Patriot Act, which is
  finally able to understand                                                                                                         essentially an anti Bill of
  the plight of those people                                                                                                         Rights law, was passed.
  who made it their point                                                                                                            Those who were intending to
  to reach America by any                                                                                                            travel to the United States as
  means necessary.                                                                                                                   visitors and students were
     As Jamaicans we hud-                                                                                                            placed under greater scrutiny
  dled together in our com-                                                                                                          than before. The law also
  munities where we spoke                                                                                                            called for the photographing
  our native dialect, caught                                                                                                         and fingerprinting of any
  up on the latest reggae                                                                                                            non-immigrant visitor who
  and dancehall tunes and                                                                                                            entered the country legally or
  shared our exotic dishes                                                                                                           at a place and time designat-
  of ackee, bammy and                                                                                                                ed by the Attorney General of
  breadfruit, which for                                                                                                              the United States.
  years we were only able to                                                                                                            The wrath included
  get when someone trav-                                                                                                             requirements such as
  eled from the island.                                                                                                              NSEERS which required
     While I was beginning                                                                                                           men from certain Middle
  to reap the economic                                                                                                               Eastern countries to register
  benefits of my rekindled                                                                                                           with the local United States
  interest in America, some-                                                                                                         Citizenship and Immigration
  time in 1996 two new Immigration Laws were passed (Antiterrorism and Effective Death Penalty Act         Service office. As if address, phone number, and fin-
  (AEDPA) and Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA).                gerprinting wasn’t enough information, the NSEERS
  These two laws expanded the criteria for crimes involving moral turpitude by including persons who       application requires applicants to include informa-
  were convicted of crimes where a sentence of one year or more was imposed. The laws also broad-          tion such as any U.S. landmarks that were visited in
  ened the definitions of aggravated felonies to include additional crimes.                                the past or would be visited in the near future.
     In 1997 we began to hear tales of “upstanding” business leaders, soccer coaches, fathers and             Now officials are threatening the passage of Real
  mothers, who, on their return trips back into the United States from Jamaica were being detained by      ID, a national identification system which includes
  Immigration officials and were being deported from the United States.                                    laws which will further restrict the already hard to win
     At the time we were convinced and the rumors were flying high that if you had a parking ticket        Political Asylum applications, and the possible
  you could be subjected to deportation or removal from the United States. Without the full facts, the     removal of such benefits such as stays of removal
  West Indian community banded together and began a citizenship drive in hopes that as citizens we         which are granted to many immigrants pending the
  would be protected by America who had beckoned us in with her invitation of give me your huddled         outcome of their immigration appeals.
  masses and your weak.
                                                                                                       Enjoying Immigration Law
     To our horror, even those who were applying for citizenship were getting rejections followed by a
  swift kick back to our island with Ms. Liberty’s iron clad slipper.                                    Based on my own experience, I knew early in my
                                                                                                       paralegal studies that I wanted to work in
  After September 11                                                                                   Immigration Law.
     The events of September 11, 2001 affected us in more ways than imagined. While many of us were      My experience thus far has given me the opportu-
                                                                                                       nity to work with a number of people from countries
8 June/July 2005 National Paralegal Reporter
that include Macedonia, Colombia,                     Based on my own experience,                                  Natasha G. Samuels is a 1995
                                                                                                              graduate of Syracuse University
Mexico and Brazil. Although I haven’t had                                                                     School of Information Studies. While
the opportunity yet, I share in the celebra-          I knew early in my Paralegal                            at Syracuse, Natasha served as Vice-
                                                                                                              President and President of the
tion with the other staffers of working on a          studies, that I wanted to work                          Caribbean Students Association. She
file from Legal Status to citizenship before                                                                  has received numerous recognition
the next phase of their immigrant journey             in Immigration Law.                                     which including: the Louis W.
                                                                                                              Batchelder English Scholar Award,
begins. That journey is the petitioning for                                                                   Who’s Who Among American High
                                                                                                              School Students, Bloomfield Civitan and Citizenship Scholarship
the relatives or husbands and wives who have waited patiently, sometimes award and the 1999 Manchester Community Technical College Mintz & Hoke Public Relations Student
for years, to reap the benefits of that relative’s legal status.         of the Year award. After completing the University of Hartford’s Paralegal Certificate 2004, Natasha is
                                                                         currently employed as an Immigration Paralegal at DelCastillo & Associates in Hartford, Connecticut.
   The couple emerges from their consultation with the attorney
still a bit nervous looking but at the same time somewhat
relieved. Perhaps for them the chance of obtaining Legal Status
is greater.


         UPCOMING EVENTS
      Utah Chapter of RMPA
     There’s a New Law in Town H.B. 136; Are Your
   Construction Lien Rights Protected? Seminar on May 25,
   2005 a Lorman Education seminar featuring Jim Barber,
   Utah Chapter Coordinator as moderator & speaker.
      San Francisco Paralegal Association
      California Paralegal Day, Friday, June 17, 2005. 11:30
   a.m. to 4:00 p.m. World Trade Club, One Ferry Plaza, Pier
   2, San Francisco. John Russo, Oakland City Attorney’s
   Office, Keynote Speaker, (12:15-2:00). Afternoon seminars
   on estate planning, landlord tenant, and DTI. For reserva-
   tions and more information, contact Rhoda Singer at
   (415) 777-2390, or visit our website at www.sfpa.com



             You’ve
 PACE Pins




                                     Earned It!
            Wear your gold-filled RP
            lapel pin with pride!
            Available in two sizes, the
            larger size has word
            “Registered” on the “R”                  1 1/2” by 3/4”
  and word “Paralegal” on the “P”; the           enlarged to show detail
  smaller pin is simply “RP.” Both sizes
  also available in silver. To purchase
  either pin, you must have passed the
  PACE Registered Paralegal exam.
  Order form is on page 36.                       7/8” by 3/8” enlarged
                                                     to show detail
  Gold Price: $25 plus shipping
  Silver Price: $15 plus shipping

                                                                                     National Paralegal Reporter J u n e / J u l y 2 0 0 5                                     9
COVER
   Accent Discrimination in Employment:
                                                          Say What?
   BY   ERIC MATUSEWITCH, PHR, CAAP
                                                                                                 The Lord spoke to Moses and said
   G r ow t h i n Fo r e i g n - B o r n R e s i d e n t s                                       … When an alien settles with you
      Between 1990 and 2000, the foreign-born population in the U.S. increased by 57 per-
   cent, jumping from 19.8 million to 31.1 million. Of the foreign-born in the U.S. at the       in your land, you shall not oppress
   millennium, 51.7% were from Latin America and 26.4% were from Asia.                           him. He shall be treated as a native
      As the ethnic composition of the nation changes under a growing tide of immigra-
   tion, foreign accents—particularly non-European accents—have become more of an                born among you, and you shall love
   impediment to finding and keeping a job. Indeed, the U.S. Equal Employment                    him as a man like yourself…
   Opportunity Commission (EEOC), the agency responsible for enforcing the federal EEO
   statutes, recently reported that it is dealing more frequently with claims of bias based on        Leviticus 19:33 (New English Bible)
   an individual’s manner of speaking. EEOC, Performance and Accountability Report
   FY 2004, available on the Commission’s website, www.eeoc.gov. Employers should
   be aware that adverse employment decisions based upon a person’s
   foreign accent may violate federal and state civil rights laws.
      No federal law specifically bans employment discrimination on
   the basis of a foreign accent. Title VII of the Civil Rights Act of 1964,
   though, prohibits workplace bias on the basis of race, color, religion,
   sex or national origin. Guidelines issued by the U.S. Equal
   Employment Opportunity (EEOC) in 1980 define national origin
   discrimination to include discrimination based on the “linguistic
   characteristics of a national origin group” Guidelines on
   Discrimination Because of National Origin, 29 C.F.R. sec. 1601.1.
   The agency will therefore closely scrutinize employment decisions
   based on claims that an individual is unable to communicate ade-
   quately in English.
      In 2002, the EEOC issued an updated guidance on national origin
   discrimination. The agency released the document in response both
   to the large increase in America’s immigrant workforce over the last
   decade and to concerns over the aftermath of September 11, 2001
   (backlash against Muslims and persons of Middle Eastern origin).
   While recognizing that a heavy accent may interfere with an indi-
   vidual’s ability to fully and properly perform a job, the EEOC takes
   the position that a foreign accent should be considered in an
   employment decision only if it materially interferes with the individ-
   ual’s ability to perform. EEOC Guidance on National Origin
   Discrimination, Directive No. 915.003 (Dec. 2, 2002),
   www.eeoc.gov.

   EEOC Decisions
     The EEOC has issued several decisions on this subject. One case
   involved an individual of Iranian national origin who, while work-
   ing part time for the employer, unsuccessfully sought a full time
   position. During the period in question, the employer hired fourteen
   people as full time librarians including nine who were less qualified

10 J u n e / J u l y 2 0 0 5 N a t i o n a l P a r a l e g a l R e p o r t e r
than the complainant. Four of the nine had no prior experience as librarians.          Russian lady.” Berke v. Ohio Department of Public Welfare,
The complainant alleged the failure to hire was not because of the large number        30 FEP Cases (BNA) 387 (S.D. Ohio 1978), aff’d, 628 F.2d 980
of qualified applicants, as the employer claimed, but rather a result of his accent.   (6th Cir. 1980).
The employer denied the allegations of discrimination but offered no evidence
that unaccented speech is related to successful performance as a librarian.            R e a s o n s fo r T i t l e V I I V i o l a t i o n s
Significantly, the evaluations of the plaintiff rated him as satisfactory and made       Another example is Loiseau v. Dept. of Human Resources,
no mention of any problems related to his accent. The EEOC inferred from this          567 F. Supp. 1211 (D. Ore. 1983). This case involved a French-
that “the ability to speak English clearly is not necessary for successful perfor-     speaking West Indian employee who was denied a promotion.
mance of the position of librarian…[and] whatever language deficiencies [the           The Oregon Department of Human Resources unsuccessfully
complainant] had did not preclude his successful performance of the position of        argued that the plaintiff, a welfare assistance worker, lawfully
librarian.” As a result, the agency found the reasons given by the employer were       was rejected for the position of welfare assistance supervisor, in
pretextual for national origin discrimination. EEOC Decision No. 79-16, 1978           part, because of poor communication skills.
EEOC LEXIS 31 (Nov. 16, 1978).

A c c e n t s P l ay A R o l e i n
Hiring
   The EEOC also found that an employer vio-
lated Title VII by immediately disqualifying a
job applicant who had a noticeable Spanish
accent. The job seeker’s qualifications com-
pared favorably with other persons who were
allowed to complete applications, and no evi-
dence was introduced linking his accent to an
inability to perform the job. EEOC Case No. A1
68-1-155E (May 19, 1969), CCH EEOC
Decisions (1973), para. 6008. For a more
recent decision involving a federal employee
with a Korean accent, see Anne Stone v.
O’Neill, Secretary, Department of the
Treasury, Appeal No. 01A02572, 2001 EEOP-
UB LEXIS 5154 (July 6, 2001).
   Federal courts have also found Title VII viola-
tions where an English language deficiency or
foreign manner of speaking did not interfere
with an individual’s ability to perform the duties
of a job. For example, a Polish-born employee
who was rejected for two higher-level positions
because of a pronounced foreign accent success-
fully sued her employer for national origin dis-
crimination.
   The district court found that the plaintiff
was well qualified for those positions—she
was an efficient, dependable and organized
employee, whose accent did not impede job
performance. The court described the plain-
tiff’s accent as “pronounced” but readily
understandable, and her command of the lan-
guage as “well above that of the average adult
American.” The court also found ample evi-
dence of a discriminatory work environment,
as some co-workers mimicked her accent and
occasionally referred to her as “the big-foot

                                                                        N a t i o n a l P a r a l e g a l R e p o r t e r J u n e / J u l y 2 0 0 5 11
                                                                                                  The Ninth Circuit reversed the dis-
                                                                                                  trict court’s summary judgment in
                                                                                                  favor of the school district.
                                                                                                  According to the appellate court ...
                                                                                                    The job required dealing with as many as 300 people each
                                                                                                 day, many of whom were irate, disgruntled or hostile, and
                                                                                                 interviewers determined that his accent made him difficult
                                                                                                 to understand. The EEOC sued under Title VII, charging
                                                                                                 national origin discrimination.
                                                                                                    The appeals court ruled that “an adverse employment
                                                                                                 decision may be predicated upon an individual’s accent
                                                                                                 when—but only when—it interferes materially with job
                                                                                                 performance.” In this case, effective oral English skills were
                                                                                                 reasonably related to job performance, and the employer
                                                                                                 was motivated solely by reasonable business necessity.
                                                                                                    A preference for a particular type of accent, though, may
                                                                                                 violate Title VII. For example, if a candidate with a British
                                                                                                 accent is favored for a receptionist position, while candidates
     The court gave several reasons for finding a Title VII violation: The plaintiff received   with Cantonese or Spanish accents are rejected, the employ-
   a favorable performance appraisal in the lower-level position; he was the only candi-        er may have engaged in unlawful discrimination by showing
   date required to submit to an oral interview; and his manner of speaking (which              a bias against the accent associated with some national ori-
   included a heavy French accent) struck many of his colleagues and supervisors as             gins, but not against others.
   peculiar.                                                                                       As a final note—protection against accent discrimination
     More recently, a substitute teacher of Lebanese descent sued a school district for         based on national origin does not apply to regional accents
   national origin discrimination based on its repeated refusal to hire her as a perma-         from around the United States typical of native speakers of
   nent teacher due to her foreign accent. The Ninth Circuit reversed the district court’s      English. So if your coworkers tease you about your thick
   summary judgment in favor of the school district. According to the appellate court,          “New Yawk” accent or your southern drawl, you will not get
   the record contained evidence that the teacher’s accent did not impair her perfor-           far with an EEO complaint.
   mance as a teacher, including recommendations written by her graduate school                    These cases demonstrate that employers should carefully
   instructors, requests for her as a substitute teacher by other teachers employed by the      scrutinize any employment decision based on an individual’s
   District, and the District’s own continued employment of her as a substitute. Raad v.        accent. Indeed, an employer’s assessment of an individual’s
   Fairbanks North Star Borough, 323 F.3d 1185 (9th Cir. 2003).                                 foreign accent must relate to the specific duties of the posi-
                                                                                                tion and the extent to which the individual’s accent will affect
   T i t l e V I I V i o l a t i o n s N o t Fo u n d                                           his or her ability to perform those duties. The employer must
      Not all cases are decided in the plaintiff’s favor, however. Courts have found no Title   make a distinction between a merely discernable foreign
   VII violation where the defendants’ accents demonstrably interfered with effective job       accent and one that actually interferes with successful per-
   performance. In Hou v. Commonwealth of Pennsylvania Dept. of Education, 573                  formance of the job. Furthermore, if an employee has been
   F. Supp. 1539 (W.D. Pa. 1983), no Title VII violation was found when a Chinese-              successfully performing the job for years, a dismissal or
   American associate mathematics professor was denied promotion to full professor              demotion based on an accent probably will be regarded as a
   because of poor English language skills. Testimony presented at trial indicated that         pretext for national origin discrimination. Finally, an
   the plaintiff had accent and grammatical problems, and students complained about             employer who tolerates slurs regarding an employee’s man-
   his ability to answer questions clearly. The problem was compounded because the col-         ner of speaking may face national origin harassment claims.
   lege was primarily a teaching rather than a research institution.
                                                                                                     Eric Matusewitch, PHR CAAP is deputy director
      Similarly, the U.S. Court of Appeals in San Francisco found that a foreign accent         of the New York City Equal Employment Practices
   was a legitimate basis for rejecting an applicant for a job that required dealing with       Commission. He has written the Manager’s
                                                                                                Handbook on Employment Discrimination Law
   the public. Fragante v. City and County of Honolulu, 888 F.2d 591 (9th Cir. 1989),           (Andrews Publications, 2000) and lectured wide-
   cert. denied, 494 U.S. 1081 (1990). In applying for a clerk position at a state depart-      ly on discrimination law. He holds masters’
                                                                                                degrees in political science and library science
   ment of motor vehicles office, the plaintiff scored the highest of all candidates on a       and a certificate in paralegal studies from George
   written examination, but was rejected because of his heavy Filipino accent.                  Washington University in Washington, D.C. He
                                                                                                can be reached at ematuse@aol.com.


12 J u n e / J u l y 2 0 0 5 N a t i o n a l P a r a l e g a l R e p o r t e r
BOOK REVIEW
Immigration Law for Paralegals
REVIEWED BY               DIANNA SMILEY, RP

  Immigration Law for Paralegals by Maria Isabel
Casablanca and Gloria Roa Bodin; publisher Carolina
Academic Press, Durham, North Carolina.
  Immigration Law for Paralegals is excellently writ-
ten and should be on the desk of every paralegal who
works or is interested in the field of Immigration Law.
The text defines immigration, citizenship and visa pro-
cedures. It takes the reader from the initial telephone
contact, interview process, and
through the completion of petitions,
applications and declarations
required in the various processes.
                                            The book contains definitions of
                                                        legal terms, sample completed
Contents
                                                        forms, applications, petitions
   The book contains definitions of
legal terms, sample completed forms,                    and declarations.
applications, petitions and declara-
tions. Contents include interviewing
and case management techniques. There are also exercises and scenarios similar to those that
would be encountered by the paralegal in an immigration law office. Students and practicing
paralegals will be able to visualize the problems and issues that arise in immigration casework,
and are given guidance in researching the statutes, administrative rules and regulations, and
case law governing immigration.

E a s y t o U s e Fo r m a t
  The authors have created an easy-to-use format which will guide students as well as seasoned
paralegals through the immigration maze. The book is current and thus includes the new rules
and regulations, especially as they pertain to the U.S. Department of Homeland Security.
  I was very impressed with this book, its practical format, and how it seemed to cover every con-
ceivable facet of immigration law. The cost of the book is $45.00 for desk version and $39.00 for
classroom use. Included with the cost of the book is a CD that contains the U.S. (previously INS)
forms, blank and with completed samples.
  For more information about the book and its authors or other Carolina
Academic Press books and publications, visit their website at www.cap-
press.com. Their telephone number is 919-489-7486.
    Dianna L. Smiley, RP resides and works in the Sacramento, California area. She is a con-
tract paralegal working primarily in the practice areas of family law, probate and estate plan-
ning and social security. Dianna has been a paralegal for over thirteen years and was most
recently NFPA President from 2003-2005. The NFPA Board of Directors recently appointed
Dianna to serve as PACE Coordinator for 2005-2006.




                    N F PA I N T E R N E T C H AT S
      Chats: go to www.paralegals.org, click on Networking. Use the user name
      “NFPA” and the password “member.”

                N a t i o n a l P a r a l e g a l R e p o r t e r J u n e / J u l y 2 0 0 5 13
A S S O C I AT I O N N E W S


  Association News
    Central Pennsylvania               now Christian Andersen, of            President and Director of
    Paralegal Association              Verizon. The President-Elect Allen    Professional Development &
                                       Mihecoby attained his NALA spe-       Public Relations.
     CPPA held its first paralegal     cialty certification in Corporate        The 2005-2006 Board are:
  Pro Bono partnership with the        and Business Law, and our             President: Danie Kakazu, CLAS,
  Dauphin County Bar Association       Membership Vice President,            Alston Hunt Floyd & Ing; Vice-
  (DCBA) in September, 2003.           Mariela Evora, CLA, recently          President; B.J. Wade, the Law Office
  Like many legal aid programs,        passed her Texas Board of Legal       of John W. Schmidtke, Jr.; Secretary;
  MidPenn Legal Services lacks                                                                                       soda
                                       Specialization exam which earned      Evelyn Gomez, the Hawaii State Bar      available for
  funding to keep up with the          her the designation of Board          Association; Treasurer: Cynthia Ney,
  growing legal needs of the com-                                                                                    members and take donations
                                       Certified Legal Assistant – Civil     Carlsmith Ball, LLP; Job Bank           towards the cost. LCPA will also
  munity. CPPA paralegal volun-        Trial law. Other members who          Director: Lynn Little, RP, Carlsmith
  teers were happy to help.                                                                                          be involved in Law Day. Students
                                       attained the coveted designation      Ball LLP; Membership Director:          from area schools write essays on
     On February 23, 2005, a recep-    from the Texas Board of Legal         Christine Tatum, Bank of Hawaii;
  tion was held in the Lawyers’                                                                                      a certain law subject. The essays
                                       Specialization were Rebecca           Professional Development: Debra         are then judged.
  Lounge of the Dauphin County         Cervantes, Personal Injury;           Kobashigawa, Alston Hunt Floyd &
  Courthouse to honor all 2004 Pro     Kathryn Moore, Personal Injury;       Ing; Publications: Kelliann Shimote,      Maryland Association
  Bono participants. CPPA mem-         and Kay Redburn, Family Law.          Alston Hunt Floyd & Ing; Standards        of Paralegals
  bers Cathy Kohr, Sheri-su Breski,       Events: 2005 Career Day was        Director & Website Chairperson: R.
  Holly Bratton, Belinda Clouser,                                                                                       MAP is teaming with the
                                       held April 9, with the theme of       Elton Johnson, III, RP
  Nancy Ludwig and Mary Sprunk                                                                                       National Capital Area Paralegal
                                       Pathway to Your Future; the
  attended the reception.              Annual Vendor Fair will take
                                                                               Illinois Paralegal                    Association (NCAPA) to hold a
     2004 Pro Bono participants                                                Association                           joint meeting in June for mem-
                                       place in August; the Legal
  received certificates of apprecia-                                                                                 bers on the benefits of joining the
                                       Assistants Division’s (of the State      IPA continues to be very active
  tion and a mug filled with                                                                                         Maryland State Bar Association. A
                                       Bar of Texas) Annual Meeting is       in outreach by speaking at law
  Hershey’s kisses! Judge Lewis                                                                                      State Bar representative will also
                                       scheduled for June 23-24, 2005        firms, participating in career
  addressed the crowd of judges,                                                                                     discuss how the associations can
                                       in Dallas; and various CLE semi-      fairs at several schools, and writ-
  attorneys, law students and par-                                                                                   work with the Bar.
                                       nars are in the planning stages.      ing weekly articles for the
  alegals. He expressed appreciation                                                                                    Plans are underway for MAP’s
                                                                             Chicago Daily Law Bulletin’s
  to those who contribute to this        Hawaii Paralegal                                                            annual Paralegal Day held dur-
                                         Association                         Legal Employment Weekly.                ing Law Week. The cocktail recep-
  very important social program.
                                                                                IPA continues to improve the         tion is scheduled for Thursday,
    Dallas Area Paralegal                HPA held its 27th Annual            content and expand on the               May 5 with guest speaker Karen
    Association                        Meeting at Indigo’s. 30 members       information provided on the             Cook, President of the Anne
                                       attended the event. The keynote       website. It held an Educator’s          Arundel County Bar Association
     Pro Bono Efforts: In January      speaker was Bob LeClair,              Conference February 12, 2005
  the Bears on Patrol Program                                                                                        and a paralegal educator. Ms.
                                       Director of the Kapiolani             and its 2nd Spring Education            Cook published the article Make
  kick-off was a huge success. We      Community College Paralegal           Conference in conjunction with
  collect Bears at monthly member-                                                                                   your law office more efficient
                                       Program.                              its Annual Meeting on April 21,         and more profitable . . . Hire a
  ship meetings and at all our           HPA presented a $500                2005. Members will be asked to
  Section meetings to be distributed                                                                                 Paralegal in the The Anne
                                       Scholarship to Penny-Bee              contribute to a Teddy Bear drive.       Arundel County Barrister.
  to various law enforcement agen-     Bovard; she also received a com-      The Teddy Bears are given to the
  cies. Our thanks to the Pro Bono                                                                                   MAP will award 1-2 vendor spon-
                                       plimentary 1-year associate           Illinois State Police.                  sored student scholarships and
  and Community Services               membership to HPA. Outgoing
  Committee for their hard work in                                             Lycoming County                       door prizes.
                                       President Mary Peddie presented                                                  MAP developed a Yahoo discus-
  promoting this project! DAPA                                                 Paralegal Association
                                       two President’s Certificate of                                                sion group for members to post
  members also volunteer many          Appreciation; one each to Susan         LCPA is planning its annual           jobs and volunteer opportunities,
  collective hours in various Dallas   D. Alden, RP, Outgoing Vice-          CLE seminar and a few lunch             practical questions, general net-
  Volunteer Attorney Program           President & Director of               and learns, where speakers talk         working and announcements.
  neighborhood clinics.                Membership and to Donna               about a topic during the lunch             MAP has grown by leaps and
     Officer and Member                Woodin, Outgoing Vice-                hour. Each will have pizza and          bounds this year. As a statewide
  News: The Newsletter Editor is

14 J u n e / J u l y 2 0 0 5 N a t i o n a l P a r a l e g a l R e p o r t e r
                                                                                                              A S S O C I AT I O N N E W S

association, it is difficult to deliv-     On April 19, 2005 MCPA held         chapter also hosted a Career Fair     even greater services to their
er benefits to all the members.          an informative lecture on             April 23 with a theme of Sports       members. Legalmen around the
With the creation of Area                Computer Forensics, given by          and Entertainment Law with a          U.S. would also be interested in
Coordinators, more members are           David Yarnell. The Community          resume workshop hosted by expe-       participating in local association
attending meetings, and the              Outreach Committee has raised         rienced paralegals.                   activities near where they are sta-
meetings are more convenient to          $320 for Tsunami Relief.                 In February, NCAPA’s PACE          tioned. They will encourage
members’ work or home.                                                         Ambassador traveled to the            members to reach out to local
                                           National Capital Area               Department of Justice to present      associations.
  Minnesota Paralegal                      Paralegal Association               the RP pin in a ceremony to
  Association                                                                  honor NCAPA’s newest RP,                New Orleans
                                            NCAPA began 2005 with enthu-                                               Paralegal Association
  The Bears on Patrol Region II          siasm and a great slate of events     Barbara Stannard. NCAPA con-
community service project is             designed to appeal to its more than   tinues to offer numerous CLE             NOPA started a Comfort for
underway, as a joint project with        500 members. The new President,       seminars to its members.              Kids Program. NOPA will collect
the MN State Bar. We’re also             Kathi Ingram, NCAPA started the         Navy Legalmen                       teddy bears and other stuffed ani-
receiving some help from a local         year by presiding over a leadership     Association                         mals at its monthly meetings to
high school group, Students              conference January 8 at Finnegan                                            donate them to the New Orleans
Stepping Up. We expect to collect        Henderson’s offices in Reston, VA.       In early March, NLA members,       Police Department and other
lots & lots of bears for the State       The board of directors, committee     joined board members of the           agencies that work with victims
Patrol. We are also accepting            chairs, student liaisons and others   MAP and NCAPA for an evening          of child abuse.
cash donations. I’ve found a             attended the conference.              of fun, networking and a great           NOPA is also in the process of
wholesale source for teddy bears;           In February, the Experienced       dinner. The event was arranged        tabulating the results of its bian-
so cash donations will go even           Paralegal network hosted a semi-      by the Region IV Director. A num-     nual salary survey. The 65 ques-
further. To date, we’ve collected        nar on “The Things You Don’t          ber of legalmen were in DC for an     tion survey covers many issues
99 bears, and just over $35; many        Know About Managing” and              awards presentation. They came        including salary, benefits, work
of the major events for both MPA         the speaker was a popular long-       from as far as Japan and Hawaii       conditions, regulation and testing.
and MSBA are coming up soon,             time manager of one of DC’s           and as close as Norfolk, VA and          NOPA will hold its annual CLE
so we expect this total to jump!         largest law firms. The room was       Groton, CT. NCAPA, as its mentor      Seminar on Friday, Sept. 23,
  We participated in Law Week            packed and everyone who attend-       organization, stands ready to         2005. Topics will include Ethics,
the first week of May. MPA volun-        ed enjoyed the event. The             lend a hand where necessary.          Bankruptcy and Legal Writing
teers help with the “Ask a               Experienced Paralegal Network         MAP and NCAPA members were            among others.
Lawyer” project, doing intake            will also sponsor a seminar on        particularly impressed with the
and directing consumers to the           April 16 to help experienced par-     diversity of activities paralegals      Oregon Paralegal
appropriate lawyer or providing          alegals market him/herself and        perform in the military services.       Association
information.                             to provide tips for job searches.     Even though the Legalmen are            OPA is especially proud to note
                                            The Corporate and Securities       headquartered in Washington,          three candidates were elected as
  Montgomery County                      Network has held two meetings         D.C., their members may be sta-
  Paralegal Association                                                                                              NFPA Board members. Beth King
                                         so far in 2005, focused on the        tioned at bases across the United     was elected VPPD, Wayne Akin
   MCPA offered a seminar on             expanding role of registered          States, on larger ships, or in for-   was elected VPPI, and De
March 16 entitled Last Things            agents to assist paralegals and       eign countries. It is hoped that      Dishman was elected Region I
First addressing the issues of           on rethinking retirement.             the three organizations that exist    Director. Our association has
Elder Law. The presentation was             NCAPA’s Suburban Maryland          within close geographic proximi-      committed to supporting NFPA by
given by Lois A. Nafziger, Esquire,      Chapter met March 1 for a social      ty can work together to provide
an Elder Law and Estate                  event at a Rockville restaurant.
Planning attorney from the law           They have plans to meet with the                                Copy Service
firm of High, Swartz, Roberts &          MAP representatives of the
Seidel, and LLP. Ms. Nafziger            Maryland State Bar in June to                                       copy4you
spoke to the members of the              discuss benefits of paralegal             We copy4you, so you don’t have to. We have access to
MCPA about the importance of             membership in the Maryland                      some of the top libraries in the world.
planning for declining health            State Bar.                                 Use our time to photocopy the articles you need.
and understanding the involved              NCAPA’s Northern Virginia
procedures in our age of sophisti-       Chapter normally meets                                 www.copy4you.com
cated medical technology.                monthly for a social event. This                              314-496-0771
                                                                                               e-mail: mike@copy4you.com

                                                                        N a t i o n a l P a r a l e g a l R e p o r t e r J u n e / J u l y 2 0 0 5 15
A S S O C I AT I O N N E W S

  becoming more involved               Salt Lake City. Jim Barber, the       Creek; Esther Lane: Probate          the anniversary. WSPA launched
  instead of retreating.               Utah coordinator, feels that this     Section; and Gino Altamarino,        its first ever eNews — an elec-
     Last April the Oregon Paralegal   will be a great opportunity to        Mary Olsen and Betty                 tronic newsletter to supplement
  Association celebrated its 25th      market RMPA and NFPA to area          Cavanaugh: Environmental/            the regular publication.
  anniversary. The association has     paralegals. Finally, we are try-      Real Estate.                            WSPA Chapters continue to
  grown to over 350 members! This      ing to start a Bears on Patrol           SFPA held a student career        hold monthly or bi-monthly
  year-long celebration included a     program. One of our directors,        workshop March 12, 2005 in           brown bag lunches. The South
  site-seeing cruise and an Annual     Laura Teter, has been contacting      Oakland at California State East     Puget Sound Chapter held a
  Meeting in October at the            law enforcement agencies, hos-        Bay. Four paralegals spoke at        pizza social January 21; the
  KaNeeTa Indian Reservation in        pitals, and non-profits to set up     the workshop, discussing what        South Puget Sound Chapter
  Warm Springs, Oregon.                the program.                          type of work they provided for       also held its first annual wine
                                                                             attorneys, the type of law they      social Friday, February 11, the
    Philadelphia                         Sacramento Valley                   worked in and their likes and        event was sold out!
    Association of                       Paralegal Association               dislikes of the profession. SFPA        The Seattle Chapter continues
    Paralegals                                                               plans on hosting at least two        to host regular monthly elec-
                                         SVPA held its Annual
    PAP held its 2005 leadership       Membership Meeting on January         more career workshops, one in        tronic litigation brown bag sem-
  Luncheon February 16, 2005 to        26. President Cynthia Park            San Francisco and one down           inars and general interest brown
  encourage members to meet the        announced the 2005 officers were      the Peninsula.                       bag meetings. January’s topic
  Association’s committees and         unanimously elected. They are:           California Paralegal Day is       was real estate transactions.
  learn what the committees do. It                                           scheduled for June 17, 2005 at          WSPA held a student dinner
                                       President: Cynthia Park; Vice
  was a great way to increase                                                the San Francisco World Trade        January 28 at the Washington
                                       President Newsletter: Mary
  member participation in                                                    Center. A luncheon and semi-         Athletic Club. The roundtable dis-
                                       Cicchetti; Vice President
  Association activities.                                                    nars with guest speakers: Mr.        cussion with paralegals, a
                                       Membership: Mike Dickey;
    PAP’s Annual Student Forum                                               Russo and Cindi Adams.               Human Resources Administrator,
                                       Secretary: Bonnie Lally; Treasurer:
  was held April 7. This great                                               Seminars for probate, litigation     and an employment agency
                                       Janine Orsi; Director: Lacian         and real estate are planned.         answered students’ questions
  event gives students a free          Henderson; Director: Veronica
  lunch, the opportunity to meet                                             MCLE credit will be provided.        about interviewing and resumes.
                                       Caylor; Director: Gail Davis.            Vickie Newman, RP, has been          WSPA held its first annual
  and network with working par-          SVPA’s first crab feed fundrais-
  alegals, and ask questions to                                              working to set up PACE study         technology conference February
                                       er held on January 29, 2005 was       groups and speak at events about     3 - 4 at the Washington State
  learn more about PAP.                a huge success. SVPA will award       PACE. Congratulations to our         Trade and Convention Center
    Pittsburgh Paralegal               two $500 scholarships this year       newest RP, Pamela Wolpa (she is      for 40 participants. The
    Association                        and $500 has been donated to          the SFPA Vice President Policy).     Conference was designed for
                                       Voluntary Legal Services                 2005 workshops will include       experienced paralegals, lawyers,
    PPA’s February General             Program. SVPA plans another           an ethics seminar scheduled for      and other legal professionals.
  Meeting included a CLE on title      crab feed for January 2006.           September with Kay Klasic. SFPA         WSPA held an informational
  searches with a speaker from           This year SVPA plans to have        is also partnering with California   meeting February 17 at the law
  Chicago Title. PPA members           students from local paralegal         State College East Bay to host       firm of Forsberg & Umlauf in
  participated as volunteer lay        schools attend board meetings.        seminars and workshops for par-      the Bank of California Building.
  witnesses at the Annual Gourly       SVPA also plans to create an out-     alegals in the bay area.             The evening included network-
  Moot Court Competition spon-         reach program for paralegals                                               ing, hors d’oeuvres and soft
  sored by the Academy of Trial        who are too far away to attend          South Jersey                       drinks and a presentation by
  Lawyers. This is a moot trial        local meetings.                         Paralegal Association              Marya Granger of Woods and
  competition held with 16 differ-                                                                                Associates. Granger talked about
                                         San Francisco                         SJPA will be partnering with
  ent law schools.                                                                                                how paralegals can use their
                                         Paralegal Association               the North Jersey Legal Assistant
    Rocky Mountain                                                           Association for the Annual           legal skills in non-traditional
    Paralegal Association                SFPA has started off with a         Garden State Association             legal environments.
                                       bang, beginning with a January        Convention April 1, 2005.               WSPA will be awarding a
    RMPA has been busy prepar-         retreat. In February, Jeanne                                               $1,000 scholarship to one par-
  ing for its upcoming Annual          Crooks held a luncheon meeting          Washington State                   alegal student who demon-
  Meeting and election of 2005-        for members interested in coordi-       Paralegal Association              strates academic excellence.
  2006 Officers and Directors. Our     nator positions. From this meet-                                           WSPA is gearing up for its annu-
                                                                               WSPA celebrated its 30 year
  newly formed Utah Chapter will       ing, SFPA welcomes a new East                                              al election of officers and direc-
                                                                             anniversary on January 16, 2005
  sponsor a coffee break at their      Bay Coordinator: Kerry Jones of       and is modifing its logo to mark     tors, who are elected in the
  premier annual CLE event in          Morgan, Miller & Blair in Walnut                                           spring and take office on June 1.

16 J u n e / J u l y 2 0 0 5 N a t i o n a l P a r a l e g a l R e p o r t e r
     N F PA M E M B E R S H I P B E N E F I T:

            CommunityAmerica Credit Union
       D i s c ove r H ow M u c h N i c e r B a n k i n g C a n B e.
          CommunityAmerica Credit Union welcomes you!
          CommunityAmerica Credit Union provides a full suite of financial
       products including checking, savings, loans and investments. At
       CommunityAmerica, we know that you have many choices for
       financial services today. That’s why we choose to make banking with
       CommunityAmerica so much nicer by offering you:
          • Financial products and services to meet your needs
          • Great rates on loans, savings and investments
          • The convenience of banking where you live, work and play
          • Personal, professional service
          CommunityAmerica is the fifth largest Kansas City-based finan-
       cial institution and the seventh largest financial institution in
       Kansas City with assets exceeding $1.4 billion and a membership of 113,000. As a community-based credit union, CommunityAmerica offers its
       outstanding products and services to members and their families.

       History
         CommunityAmerica Credit Union has deep roots in the Kansas City community. The credit union began on March 19, 1940 as TWA Club
       Credit Union. The credit union continued to grow and prosper through the years. In 1992, TWA Club Credit Union changed its name to Members
       America Credit Union. In 1998, Members America Credit Union adopted the name CommunityAmerica Credit Union. Today,
       CommunityAmerica is one of the largest credit unions in the country.

       Choosing a Credit Union
         Choosing to bank at CommunityAmerica is the choice to be a member – not just a customer. As a member, you know that the financial prod-
       ucts and services you use were created to best meet your needs, that your rates work harder and that the people who serve you treat you with the
       respect and attention due a member…and an owner

       J o i n C o m m u n i t y A m e r i c a To d ay !
         To learn more about CommunityAmerica, its products and services visit the branch near you, log on to www.cacu.com or call us at (913)
       905-7000 or toll free (800) 892-7957.


             In future publications we will spotlight other NFPA membership benefits including:
            • Acteva Event Management                                          • Insurance benefits
            • American Society of Notary                                       • Job postings
            • Car Rental Discounts                                             • National Notary Association
            • CLE classes                                                      • NFPA Publications
            • ExecuTrain Virtual Campus                                        • Corporate gifts — www.flowers.com
            • Eyewear discounts                                                • Overnight Deliver Service
            • Flight insurance                                                 • Dental, vision, hearing aids &
            • 1-800-Flowers                                                      prescription drug benefit
            • Hotel reservations network

17 J u n e / J u l y 2 0 0 5 N a t i o n a l P a r a l e g a l R e p o r t e r
   Note: Ther will be more
   convention news in the
                                                   NFPA 2005 CONVENTION NEWS                                                         See an article from a
                                                                                                                                   First Timer on Page 4!
   August/September issue




               Congratulations to the new NFPA Board of Directors
                From left to right, Wayne D. Akin, Vice President and Director of Positions & Issues; Debra Hindin-King, Region II Director; Kelly
             S. Montgomery, RP, Secretary and Director of Operations; De L. Dishman, Region I Director; S. Kristine Farmer, RP, President; Elaine
             B. Patton, RP, Region IV Director; Anita G. Haworth, RP, Treasurer and Director of Finance; Susan G. Ippoliti, Vice President and
             Director of Membership; Beth L. King, RP, Vice President and Director of Profession Development; (not pictured: Linda McGirr,
             Region III Director and Sharon S. Spinelli, Region V Director).




           A Very Special Thanks to our Las Vegas Hosts
           From left to right, Wendy Stoll, Cindy Lein, Melissa Lancaster, Michelle Ketrow, Shirley Blackburn, Debra Schubert, Christy Beckwith, Amy
         Dick and Noel Anschutz, Host Convention Chair.



              adver tiser index                                                                                 NationalDEPO
                                                                                                                 1-888-577-DEPO, www.nationaldepo.com, Inside Back
                                                                                                                 Cover

Advertiser Name                                                                                                 NNRC (National Network Reporting Corporation)
Phone, Web Address, Page #                               Guaranteed Subpoena Service                             1-866-DEP-NNRC, www.nnrc.com, 45

                                                          1-800-672-1952, www.served.com, 35                    Purdue University
 AIRE (Alliance for Independent Reporting                                                                        1-765-494-9876, www.purdue.edu/tis, 25
 Excellence)                                             lawcrossing.com
  1-888-522-AIRE, www.AIREdep.com, 7                      1-800-973-1177, www.lawcrossing.com, 39               Ralph McElroy Translation Company
                                                                                                                 1-800-531-9977, www.mcelroytranslation.com, 29
 Abraham University                                      IPMA
  1-310-202-9999, www..com, 3                             1-404-292-4762, www.paralegalmanagement.org, 19       Robert Half Legal Staffing
                                                                                                                 1-800-870-8367, www.roberthalflegal.com, Back Cover
 AAfPE                                                   Legal Assistant Today
  1-407-834-6688, www.AAfPE.org, 36                       1-800-394-2626, www.jamespublishing.com, 27           Spartan Detective Agency
                                                                                                                 1-800-672-1952, www.served.com, 17
 California University of Pennsylvania                   M & M Reporting, Inc.
  1-412-565-2207, www.cup.edu/graduate/legal, 13          1-630-775-1503, www.mmreporting.com, 43               Set Depo
                                                                                                                 1-800-451-3376, www.setdepo.com, Inside Front Cover
 CT Corporation                                          MRC
  1-800-624-0909, www.ctadvantage.com, 5                  1-888-868-6769, www.mrchouston.com, 22                WestLaw
                                                                                                                 1-800-REF-ATTY, www.westlaw.com,15
 copy4you                                                National Court Reporters Association
  1-314-496-0771, www.copy4you.com, 31                    1-800-272-6272, www.NCRAonline.org, 47                Verdict Search
                                                                                                                 1-800-832-1900, www.VerdictSearch.com, 11



                                                                           National Paralegal Reporter June/July 2005                                             18
  N F PA T E X T B O O K S                                               &        C A R E E R M AT E R I A L S
                         Items noted with an * can be                                   NFPA brochures available upon request
                   downloaded for free at www.paralegals.org
                                                                                                     Paralegals, Defining the Profession —
     Bankruptcy and Collections: The Paralegal Perspective by Darcy                                this brochure provides an overview of the paralegal pro-
     Williamson — This third-edition textbook offers comprehensive infor-                          fession and steps to become a paralegal, including edu-
     mation on bankruptcy and collections, including form examples and                             cation options, ongoing education and employment
     debtor and creditor perspectives. Member: $35. • Non-member: $40.                             options.
     Bulk orders discounted.
                                                                                                     NFPA Member Benefits —
     Directory of Paralegal Education Programs* — This directory lists                              this brochure provides an overview of
     educational institutions that offer paralegal training and includes “How                       NFPA member benefits; an explana-
     to Choose a Paralegal Education Program.” Member: $10. • Non-                                  tion of NFPA; discusses how members
     member: $15.                                                                                   can become involved; and how the fed-
     Paralegal Responsibilities (Updated 1998)* — This 60-page publi-             eration influences the profession.
     cation itemizes a paralegal’s typical duties. Sponsored by The Affiliates.
     Member: $1 • Non-member: $20.
                                                                                                    CLE Staying Current in the
                                                                                                   Profession — this brochure
     “Paralegals: Enhancing Practice, Professionalism and                                          explains CLE; the role of the employer;
     Profitability” — Video — Sponsored by the West Group, NFPA’s Telly-                           how staying current in legal issues
     winning video available on CD or VHS. 21 minutes. $35. • Educator:                            impacts a paralegal’s career; and how
     $10. Available free online at paralegals.org/CLE/west-ed.html.                                to evaluate courses.
     “Leveraging with Paralegals: Setting the PACE of the Future.” —
                                                                                                    PACE Ready to be a PACE-
     Video — Sponsored by Lexis/Nexis, discusses economics of paralegal
     utilization, ethics, credentialing, and PACE. 22 minutes. Available on CD
                                                                                                   setter — this brochure provides a
     or VHS. Member: $35. Non-member: $35. • Educator: $10.                                        background of how and why the PACE
                                                                                  program was developed; benefits of taking PACE; and an
     The Ethical Wall: Its Application to Paralegals*                             overview of exam preparation.
     Information every paralegal should know. Member: $15. • Non-mem-
     ber: $20.


             To order, clip or copy this form and mail to: NFPA 2517 Eastlake Avenue E, Suite 200, Seattle, WA 98102 • (206) 652-4120

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19 J u n e / J u l y 2 0 0 5 N a t i o n a l P a r a l e g a l R e p o r t e r
N F PA                               M E M B E R A S S O C I AT I O N S
ALABAMA                                               LOUISIANA                                                     NEVADA
  Gulf Coast Paralegal Association★                     New Orleans Paralegal Association★                            Paralegal Association of Southern Nevada
  Mobile, AL                                            New Orleans, LA (504) 467-3136                                Las Vegas, NV
   GulfCoast@paralegals.org                              NewOrleans@paralegals.org                                     SouthernNevada@paralegals.org

ALASKA                                                MARYLAND                                                      PENNSYLVANIA
  Alaska Association of Paralegals★                     Maryland Association of Paralegals, Inc★                      Central Pennsylvania Paralegal Association★
  Anchorage, AK                                         Severna Park, MD (410) 576-2252                               Harrisburg, PA
   Alaska@paralegals.org                                 Maryland@paralegals.org                                       CentralPennsylvania@paralegals.org

CALIFORNIA                                            MASSACHUSETTS                                                   Lycoming County Paralegal Association
                                                        Central Massachusetts Paralegal Association                   Williamsport, PA
  Sacramento Valley Paralegal Association★
                                                        Worcester, MA                                                  Lycoming@paralegals.org
  Sacramento, CA
                                                         CentralMassachusetts@paralegals.org                          Montgomery County Paralegal Association★
   Sacramento@paralegals.org
                                                        Massachusetts Paralegal Association                           Lansdale, PA
  San Francisco Paralegal Association1★
                                                        Boston, MA e-mail: massachusetts@paralegals.org                Montgomery@paralegals.org
  San Francisco, CA (415) 777-2390
                                                         www.massparalegal.org                                        Philadelphia Association of Paralegals★1
   SanFrancisco@paralegals.org
                                                        Western Massachusetts Paralegal Association★                  Philadelphia, PA (215) 255-8405
COLORADO                                                Springfield, MA                                                Philadelphia@paralegals.org
  Rocky Mountain Paralegal Association1★                 WesternMassachusetts@paralegals.org                          Pittsburgh Paralegal Association★
  Denver, CO (303) 370-9444
                                                      MICHIGAN                                                        Pittsburgh, PA (412) 344-3904
   RockyMountain@paralegals.org                                                                                        Pittsburgh@paralegals.org
                                                        Henry Ford Community College Paralegal Network Club
CONNECTICUT                                             Detroit, MI                                                 RHODE ISLAND
  Central Connecticut Paralegal Association, Inc.★       HenryFordstudent@paralegals.org                              Rhode Island Paralegal Association★
  Hartford, CT                                                                                                        Providence, RI
                                                      MINNESOTA
   CentralConnecticut@paralegals.org                                                                                   RhodeIsland@paralegals.org
                                                        Minnesota Paralegal Association1★
  Connecticut Association of Paralegals, Inc.★          Roseville, MN (651) 633-2778                                SOUTH CAROLINA
  Bridgeport, CT                                         Minnesota@paralegals.org                                     Palmetto Paralegal Association★
   Connecticut@paralegals.org                                                                                         Columbia, SC
                                                      MISSOURI
  New Haven County Association of Paralegals, Inc.★     Springfield Paralegal Association                              Palmetto@paralegals.org
  New Haven, CT                                         Springfield, MO (417) 886-2000, ext 5949                      Carolina Paralegal Association
   NewHaven@paralegals.org                                                                                             Sumter, SC
                                                      NEBRASKA
DISTRICT OF COLUMBIA                                    Rocky Mountain Paralegal Association★                       SOUTH DAKOTA
  National Capital Area Paralegal Association1★         Denver, CO (303) 370-9444                                     Rocky Mountain Paralegal Association★
  Washington, DC (202) 659-0243                          RockyMountain@paralegals.org                                 Denver, CO (303) 369-1606
   NationalCapital@paralegals.org                                                                                      RockyMountain@paralegals.org
                                                      NEW HAMPSHIRE
  Navy Legalmen Association                             Paralegal Association of New Hampshire★                     TENNESSEE
  Washington, DC                                        Manchester, NH                                                Memphis Paralegal Association★
FLORIDA                                                  NewHampshire@paralegals.org                                  Memphis, TN
                                                                                                                       Memphis@paralegals.org
  Tampa Bay Paralegal Association, Inc.★              NEW JERSEY
  Tampa, FL                                             South Jersey Paralegal Association★                           Middle Tennessee Paralegal Association★
   TampaBay@paralegals.org                              Haddonfield, NJ                                               Nashville, TN
                                                         SouthJersey@paralegals.org                                    MiddleTennessee@paralegals.org
GEORGIA
  Georgia Association of Paralegals, Inc.1★           NEW YORK                                                      TEXAS
  Atlanta, GA (404) 522-1457                            Capital District Paralegal Association, Inc.                  Dallas Area Paralegal Association★
   Georgia@paralegals.org                               Albany, NY                                                    Dallas, TX (972) 991-0853
                                                         CapitalDistrict@paralegals.org                                Dallas@paralegals.org
HAWAII
                                                        Long Island Paralegal Association                           UTAH
  Hawaii Paralegal Association★
                                                        East Meadow, NY                                               Rocky Mountain Paralegal Association★
  Honolulu, HI
                                                         LongIsland@paralegals.org                                    Denver, CO (303) 369-1606
   Hawaii@paralegals.org
                                                                                                                       RockyMountain@paralegals.org
ILLINOIS                                                Manhattan Paralegal Association, Inc.★
                                                        New York, NY (212) 330-8213                                 VERMONT
  Illinois Paralegal Association1★
                                                         Manhattan@paralegals.org                                     Vermont Paralegal Organization★
  New Lenox, IL (815) 462-4620
                                                        Paralegal Association of Rochester, Inc.                      Burlington, VT
   Illinois@paralegals.org
                                                        Rochester, NY (716) 234-5923                                   Vermont@paralegals.org
INDIANA                                                  Rochester@paralegals.org                                   WASHINGTON
  Indiana Paralegal Association★                                                                                      Washington State Paralegal Association★
                                                        Western New York Paralegal Association★
  Indianapolis, IN (317) 767-7798                                                                                     Burien, WA (800) 288-WSPA
                                                        Buffalo, NY (716) 635-8250
    Indiana@paralegals.org                                                                                             Washington@paralegals.org
                                                         WesternNewYork@paralegals.org
  Michiana Paralegal Association★                     OHIO                                                          WYOMING
  South Bend, IN                                                                                                      Rocky Mountain Paralegal Association★
                                                        Cleveland Association of Paralegals★
   Michiana@paralegals.org                                                                                            Denver, CO (303) 369-1606
                                                        Cleveland, OH (216) 556-5437
  Northeast Indiana Paralegal Association, Inc.★         Cleveland@paralegals.org                                      RockyMountain@paralegals.org
  Fort Wayne, IN
                                                        Greater Dayton Paralegal Association★
   NortheastIndiana@paralegals.org                                                                                   If you are interested in obtaining the address and phone
                                                        Dayton, OH
                                                                                                                     number of any of these associations, please call NFPA
KANSAS                                                   Dayton@paralegals.org
                                                                                                                     headquarters at (206) 652-4120. Obtain a complete address
  Kansas Paralegal Association★                         Paralegal Association of Central Ohio★                       listing of all NFPA member associations through
  Topeka, KS                                            Columbus, OH (614) 224-9700                                  www.paralegals.org or by sending 40 cents to NFPA, 2517
   Kansas@paralegals.org                                 CentralOhio@paralegals.org                                  Eastlake Avenue E, Suite 200 Seattle, WA 98102
KENTUCKY★                                             OREGON
                                                                                                                      1
  Greater Lexington Paralegal Association, Inc.         Oregon Paralegal Association★                                   Charter Member Associations
  Lexington, KY                                         Portland, OR (503) 796-1671                                   ★ Associations with a home page on the Internet at
   Lexington@paralegals.org                              Oregon@paralegals.org                                           www.paralegals.org/Members



                                                                                           N a t i o n a l P a r a l e g a l R e p o r t e r J u n e / J u l y 20
     F E AT U R E
     Selecting A
     Reputable Translation Agency
     BY   WENDY PEASE

        In the last edition of National Paralegal Reporter, I dis-
     cussed Machine Translation and the use of it in litigation.
     Bottom line, if you need to know the gist of a large docu-
     ment, machine translation is an option, but if you need an
     accurate translation, you are still better off finding a rep-
     utable translation agency. This article gives pointers on how
     to find a reputable translation agency.
        There are eight key things to look for in a translation
     agency.
        1. Look for a firm that you want to work with to form a
     long-term relationship. This will ensure continued accura-
     cy, consistency and timely translations.
        2. Make sure the company has a selective screening pro-
     cess for the translators. Ask how the company selects trans-
     lators. Good agencies have processes for hiring translators.
     Ask if the agency administers tests or requires samples. Also,
     ask if the agency uses certified translators for projects that
     need a certification. Does the agency check references? Does
     the agency hire translators with the appropriate technical
     and legal background? Translators can be very highly edu-
     cated. For technical or complex translations, you want to know that the person is experienced in            will be used. Linguistic nuances and cultural differences
     translation and the particular jargon of the lawyers and the industry.                                      can arise quite frequently. In addition, expressions can
        3. Learn about the company’s quality control. Make sure that the company has quality control             vary because of historical influences. For example, Arabic
     processes that the company follows. The company should have its own in-language editors and                 expressions in different Middle Eastern countries are often
     proofreaders. In addition, all translations should be reviewed by a project manager before going out        dependent upon the identity of their former occupying
     to the client.                                                                                              power – the British in Egypt, the Italians in Libya and the
        4. Understand the services and in what fields the company specializes. If you need a legal docu-         French in Lebanon.
     ment translated into five languages and mailed to overseas clients, make sure the company can han-             After you screen translation companies, involve others
     dle the entire project. Conversely, if all you need is a one-page translation into Spanish, will the com-   in your firm in the final decision. The selection of a trans-
     pany still take on your small job and not charge you higher rates for unnecessary services? Ask if the      lation service should be a firm decision. Sometimes two or
     company has translators experienced in legal translations and in the particular subject matter.             three different translation services can be engaged simul-
        5. Ask for references and samples. When you talk to the references – ask about the company’s per-        taneously by lawyers on the same case — leaving others
     formance record and reputation for delivering on-time, on-budget and high quality. A reputable              involved in the case confused by the sometimes substan-
     company will not violate confidentiality by showing you a job done for another client in your indus-        tial differences they note in the material received from
     try, but will often provide translation samples or a copy of published work.                                what is ostensibly the same source. The benefits of famil-
        6. Find out what resources the company uses. Do the translators have a good library and access           iarity and consistency of style, developed as the relation-
     to other resources? Good translators will research libraries, reference work and the Internet to ensure     ship between a legal firm and a translation service grows
     that the translations are accurate. Every year, linguists estimate that at least 3,000 words are added      cannot be overestimated.
     to major languages. Be sure that your translators stay current.
                                                                                                                     Wendy Pease is the Executive
        7. Find out if the translators are native speakers of the document’s target language. The source         Director of Rapport International, an
     language is the current language of the document, the target being the language you request. A              18-year old foreign language transla-
                                                                                                                 tion and interpreting firm that works
     qualified translator should be equally proficient in both the source and the target language but            with companies throughout the world
     translate into his or her native language.                                                                  to improve global communications
                                                                                                                 locally. To learn more, go to
        8. Find out if the translators used for your documents are from the region where your document           www.RapportIntl.com.

21 J u n e / J u l y 2 0 0 5 N a t i o n a l P a r a l e g a l R e p o r t e r
F E AT U R E
   Using the Internet for Legal Research:
                          Dead Print and Book TV
   BY   ANTHONY AYCOCK

     You may not agree with Egon Spengler, who says in the
   movie Ghostbusters that “print is dead.” But you can’t
   deny that the Internet is changing the way paralegals do
   research. Without leaving your office, you can track down
   cases, statutes, regulations, newsletters, and even the num-
   ber of cell phones used in Ecuador. But how do you find a
   specific web page among the billions of pages that are
   available? And, once you’ve found it, how do you know you
   can trust its content?

   Search Engines
      One tool for finding information online is search
   engines. These are good for researching a narrow topic or
   idea (e.g., Charles Dickens or the Americans with
   Disabilities Act). A search engine has three major elements.
   First is the spider, also called the crawler. The spider visits a
   web page, reads it, and then follows links to other pages
   within the site. It returns to the site every month or two to
   look for changes.
      Everything the spider finds goes into the second part of
   the search engine—the index. Also called the catalog, the
   index contains a copy of every web page that the spider
   finds. If a web page changes, then the index is updated.
   Sometimes it can take a while for new pages or changes to
   old pages to be added to the index. Thus, a web page may have                                 So which is the best search engine?
   been “spidered” but not yet indexed, which means a search engine will not find it.
      Search engine software is the third part. This is the program that sorts through the       Like Pringles potato chips, no one
   millions of pages of the index to find and rank matches to a search. Because each search
   engine’s elements—spider, index, and search software—work differently, the same
                                                                                                 should use just one. This article lists
   search run on different search engines will produce different results. You can read more      three good options
   about how search engines work at www.searchenginewatch.com.
      Suppose you’re researching strategies for defending drunk drivers in North Carolina.         • Ixquick (http://www.ixquick.com) — good if
   Step one is to identify your concepts: drinking, driving, and North Carolina law. The next    your topic is obscure or if you want to search several engines
   step is to list keywords for each concept. The list might include: DUI, DWI, arrest, trial,   at once (this is called meta searching).
   defense, and North Carolina. These are terms you can use in a search engine to find rel-
   evant web pages. Combine terms with AND, OR, or NOT to refine your results. These are         Subject Directories
   called Boolean operators (named after the English mathematician George Boole). A                Another tool for finding information online is a subject
   good tutorial on Boolean searching is available at http://library.albany.edu/inter-           directory, also called a gateway site. These sites are good for
   net/boolean.html.                                                                             researching a broad topic or idea (e.g., British literature or
      So which is the best search engine? Like Pringles potato chips, no one should use just     disabilities). The key to a subject directory is that human
   one. Below are three good ones to start with:                                                 editors have selected and organized—and maybe annotat-
      • Google (http://www.google.com) — ranks pages based on how many high-                     ed—the included web sites. This cuts out the randomness
   quality pages link to them (the first to use this technique);                                 and the repetition that are the bane of search engines. See
      • Teoma (http://www.teoma.com) — recommends experts’ links and concept                     http://lii.org and http://www.aadl.org/favorite for
   clusters based on topic keywords;                                                             examples of general subject directories.
22 J u n e / J u l y 2 0 0 5 N a t i o n a l P a r a l e g a l R e p o r t e r
  Suppose you need a list of expert witnesses and consultants for drunk driving defense. Start with
a legal subject directory. One of the best is http://www.findlaw, owned by West Group. Go to
the For Legal Professionals area and click on Browse by Practice Area. Choose Criminal Law.
From there, you can get to numerous criminal expert links, including Alcohol, Drugs, and DUI.
Or maybe you need to recommend self-help web sites to drunk driving defendants. On the
Criminal Law page, select Web Sites. Scroll down to Drunk Driving Resources to see links to more
web sites (e.g., http://www.dui.com). Findlaw editors have selected these sites, so you know
you can trust the content. Information quality (see below) is an important reason for using a
subject directory.
  There are other outstanding legal subject directories besides Findlaw. Here are three good ones
to start with:
  • Washlaw (http://www.washlaw.edu) – one of the oldest legal subject directories, man-
aged by Washburn University School of Law;
  • Hieros Gamos (http://www.hg.org) – has lots of content not found elsewhere on the
Internet, including consultants and legal services vendors;
  • Jurist (http://jurist.law.pitt.edu/) – source of legal news and topic links, managed by
Bernard Hibbits of the University of Pittsburgh School of Law.

I n fo r m a t i o n Q u a l i t y
   My wife got an e-mail recently from a friend of hers entitled “Life in the 1500s.” The e-mail
explained how certain familiar phrases (like “bring home the bacon” and “raining cats and
dogs”) originated in 16th-century European customs. Having lived too long with a librarian (I
suppose), my wife asked me to verify the ten explanations in the e-mail. Using a few reference
books, I debunked eight of them.
   Misinformation abounds on the Internet. Most is casual; some is insidious. How can you eval-
uate the content of a web site you’ve found? Below are five steps :
   • Identify source – Look for a “who we are” or “about this site” link. If the author claims to
be a professional (like a lawyer or a CPA), try to verify these credentials.
   • Discover expertise – If the author claims to be a professional (like a lawyer or a CPA), veri-
fy these credentials. Look for other articles he or she has published.
   • Determine objectivity – Does the writing style try hard to influence your opinion? Does it
seem persuasive without being based on facts?
   • Establish date – Look for a copyright notice and date. Review facts and analysis in histori-
cal context. Be cautious about words like always, never, all, none, and most.
   • Verify claims – As I did with my wife’s e-mail, look up facts using other reference tools.
Compare opinions and theories to what other experts have written.
   For         more          guidance           on          information        quality,        see
http://www.virtualchase.com/quality/index.html.

Conclusion
  At the beginning of the movie The Princess Bride, Peter Falk, who plays a grandfather visiting
his sick grandson, decides to read the boy a story. The boy rolls his eyes, leading Falk to exclaim,
“When I was your age, television was called books.” Certain prophets of literary doom say that
the Internet will have the same effect on the printed page. It won’t happen; computers won’t
replace books. But every paralegal will have to do electronic research. Estimates put the Internet
at about 8 billion pages. The idea of finding just one—or even one hun-
dred—seems daunting, unless you’ve developed search skills. The tech-
niques I’ve outlined in this article will take you several steps down the
road.
     Anthony Aycock is the librarian for the Charlotte, NC office of Womble Carlyle Sandridge &
Rice. He also teaches legal research in the paralegal certificate program of the University of
North Carolina at Charlotte. Anthony has lectured on using the Internet for legal research, and
he led his first-ever CLE course on that topic in April.

                             National Paralegal Reporter J u n e / J u l y 2 0 0 5 2 3
   > continued from page 48
   ing, or experience is qualified to
                                              Significant complexities may arise Economic Loss Calculation
   provide testimony to aid the                                                                       In determining economic damages, the
                                              in any forensic accounting work accountant relies upon expertise in accountingforensic              as well
   factfinder in matters that
   exceed the common knowledge             performed during the course of an                       as on an understanding of the economic basis of a loss
   of ordinary people.”                                                                            claim. For this reason, most economic damages
                                                      engagement; if an expert... experts are CPAs or have a background in economics.
     An effective forensic account-
   ing expert can have a signifi-                                                                  Since most of the principles of economic loss calcula-
   cant impact on the trier of fact. Significant complexities may arise in any forensic            tion deal with academic theories of economic reality,
   accounting work performed during the course of an engagement; if an expert is        many economic loss experts are accounting, economic or
   unable to successfully defend and explain this work and its inferences to a judge or finance professors and practitioners.
   jury, the expert’s work may be for naught.                                              Business Valuation
   Qualifications of An Exper t Witness                                                                Business valuation experts also draw upon forensic accounting
                                                                                                     because many of the financial details used and relied upon in the
     An expert can only be as effective as academic education, professional training,
                                                                                                     valuation process often need to be reconstructed or thoroughly
   years of experience, and charisma will allow. Given the large pool of potential
                                                                                                     analyzed. An important, but often overlooked, fact is that there
   experts, it can be difficult to differentiate between them.
                                                                                                     are differences between the objectives of an audit in compliance
     Although many variables must be considered in the selection of an expert, we
                                                                                                     with Generally Accepted Accounting Practices (GAAP) and a
   posit that, in almost all cases, selection should be driven by the nature of the
                                                                                                     forensic accounting reconstruction of accounting records. The
   assignment. In this section, we discuss the various qualifications that should be
                                                                                                     latter often attempts to reconstruct financial statements from an
   evaluated in the selection process.
                                                                                                     economic perspective.
     Academic                                                                                          Business valuation experts typically have the Accredited Senior
                                                                                                     Appraiser (ASA) designation, in addition to other designations
     It’s safe to say that the majority of potential forensic accounting experts possess             such as Certified Business Appraiser (CBA), Accredited in Business
   a significant amount of formal training. Typically, a forensic accountant will have               Valuation (ABV) , and Certified Valuation Analyst (CVA).
   an undergraduate degree, as well as an advanced or post-graduate degree. While                      The requirements for obtaining these designations vary signifi-
   academic training provides a forensic accountant with solid foundational skills,                  cantly. The ASA designation is the most difficult to obtain, because
   such training should be considered only as an entry point for further credentialing.              of its education, proficiency, and five year experience requirement,
     Accreditations                                                                                  and is consequently considered by most practitioners to be the most
                                                                                                     prestigious.
     The most applicable accreditations are dependent upon the type of engagement
   for which the expert is being retained. Although certain accreditations hold uni-                   Experience
   versal appeal, some are more specifically targeted to particular types of cases.                     Perhaps the most important characteristic of an effective expert
     Investigative Accounting                                                                        is the extent of prior experience in forensic accounting cases. The
                                                                                                     effective application of forensic accounting derives from a wealth of
       In analyzing financial records to determine whether they have been manipulated,               knowledge accumulated over years of working on similar cases.
   investigative accountants draw heavily on an understanding of the accounting process                 Experience in depositions and with courtroom testimony is also
   and procedures used to account for funds, particularly cash. For this reason, most inves-         critical. It is important that forensic accountants who wish to
                                                               tigative accountants are Certified    serve as experts are comfortable and familiar with the litigation
                                                               Public Accountants (CPAs)             process and courtroom procedure.
                                                               and/or Certified Fraud Examiners
                                                               (CFEs). In specific instances, par-   Selection of An Exper t Witness
                                                               ticularly cases involving
                                                                                                       The selection of an expert is a process dependent upon on a num-
                                                               bankruptcy or troubled business,
                                                                                                     ber of factors, including prior interactions with a particular expert
                                                               investigative accountants with the
                                                                                                     and the type of engagement for which the expert is being retained.
                                                               Certified Insolvency and
                                                                                                       The type and nature of an assignment should be the main
                                                               Restructuring Advisor (CIRA) des-
                                                                                                     determinant in the selection of an expert, primarily because this
                                                               ignation may also prove extreme-
                                                                                                     ensures that the approaches employed to complete the engage-
                                                               ly helpful. The CIRA designation
                                                                                                     ment will be 1) conducted in conformance with the relevant
                                                               denotes that the holder has
                                                                                                     authorities and 2) constructed in a supportable manner.
                                                               demonstrated a high degree of
                                                                                                       Those responsible for selecting an expert should assess their
      Jim Barber, RMPA Utah Chapter Coordinator and Utah       specialized, professional, finan-
 Governor Jon Huntsman, Jr. are discussing the governors                                             case and determine the requisite core skills and experience that
 vision for Utah paralegals and the upcoming Paralegal Day
                                                               cial, and operational expertise in
                                                                                                     are relevant to the case at hand. In reality, attorneys often select
 on May 19th.This event was held at the offices of Christensen the area of underperforming and
 & Jensen on March 31, 2005                                                                          experts with whom they have past dealings and established rela-
                                                               insolvent businesses.

24 J u n e / J u l y 2 0 0 5 N a t i o n a l P a r a l e g a l R e p o r t e r
tionships. This often becomes a concern when the case for which the expert is being retained            eral lack of university-level courses on investigative account-
contains issues outside the skill set or experience of that individual. Although many foren-            ing, economic loss/damage calculation, and business valua-
sic accounting experts can be proficient in most cases involving investigative accounting,              tion.
there are a number of instances where investigative accounting is only one of several skill                We hope that this article promotes further discussion within
sets required to address the complex issues inherent in a particular case.                              academic circles on ways that the forensic accounting syllabus
                                                                                                        can be strengthened to prepare students to become effective
  The Beauty Contest                                                                                    forensic accounting experts.
   At some point the selection of an expert will come down to a choice between two or more
                                                                                                             Derk G. Rasmussen has over 21 years of expe-
similarly qualified and experienced practitioners. The decision itself has broader implica-             rience in litigation support services. He holds a CPA,
tions since, once an expert is retained and has testified, the trier of fact will be required to        is a member of the American Institute of Certified
                                                                                                        Public Accountants and the Utah Association of
weigh the differing opinions of two experts who may be equally qualified and experienced.               Certified Public Accountants. Rasmussen is a
By holding a beauty contest before selecting an expert, those responsible for the selection of          Certified Fraud Examiner, a member of the
                                                                                                        Association of Certified Fraud Examiners, an
an expert will be able to assess attributes that may not be readily apparent on paper.                  Accredited Senior Appraiser of the American Society
   In a perfect world the quality of an expert’s work product should stand objectively on its           of Appraisers, and earned the Accredited in Business
own merits; however, the real world is more often affected by subjective considerations. In             Valuation designation from the American Institute
                                                                                                        of Certified Public Accountants. Rasmussen earned
addition to having high quality work, an expert must also be persuasive; unfortunately, the             a BS in Accounting, BS in Finance and an MBA
most accurate work product is not always the opinion that prevails. The charisma of the                 from Utah State University.
                                                                                                             Joseph L. Leauanae has over eight years experi-
expert is often more convincing than the quality of their work, which frequently leads to the           ence in litigation support services. Leauanae holds the
success of a case hinging on the persuasiveness of its expert. If two experts are equally qual-         CPA, is a member of the American Institute of Certified
                                                                                                        Public Accountants, the Utah Association of Certified
ified and experienced, the expert who can more astutely explain the work without conde-                 Public Accountants, and the Nevada Society of
scension may prove to be more valuable.                                                                 Certified Public Accountants. He is also a Certified
                                                                                                        Fraud Examiner, a member of the Association of
   A beauty contest may not necessarily produce a single winner. A strategy that also works well        Certified Fraud Examiners, and an Accredited Senior Appraiser of the American
involves retaining two forensic accounting practitioners as consultants at the outset and then even-    Society of Appraisers. He earned the Accredited in Business Valuation designation from
tually designating only one of the practitioners as the expert. This strategy comes with its own pros   the American Institute of Certified Public Accountants, and the Certified Information
                                                                                                        Technology Professional designation from the AICPA. Leauanae also serves as a mem-
and cons.                                                                                               ber of the AICPA’s Business Valuation and Forensic & Litigation Services’ Editorial
   On the positive side, two consultants can collaborate to strengthen the opinions that are            Advisory Board. Leauanae earned a BS in Accounting and an MBA from the
                                                                                                        University of Utah.
eventually concluded. Furthermore, if two foren-
sic accountants are retained as consultants —
especially when the case at hand deals with com-
plex or innovative theories — then the attorney
has the option of selecting only one of the con-
sultants to continue as an expert, usually the con-
sultant who develops the most solid opinions
given a preponderance of the evidence.
   The potential downside to this strategy, how-
ever, is that retaining two consultants is expen-
sive. Additionally, if both consultants are subse-
quently designated as experts, a separate prob-
lem may arise if the two experts independently
develop different opinions. In such a case, the
two experts could conceivably be used by the
opposition to rebut the opinion of the other.

Conclusions & Challenges
   The objective of this article has been to identi-
fy issues that relate to the qualification and selec-
tion of forensic accounting experts. Our motive
in composing this article, however, has been to
challenge academia. The foundational skills of
forensic accounting experts are directly related to
the quality of education received in school.
Currently, most training for forensic accountants
occurs outside of the university environment.
Although universities are beginning to recognize
forensic accounting as an expertise separate and
apart from auditing and tax, there is still a gen-
                                                                                National Paralegal Reporter June/July 2005                                                             25
F E AT U R E
     Criteria and Qualifications Within
                            Forensic Accounting
     BY DERK G. RASMUSSEN, CPA, ABV, CFE, ASA                                                                               Business and Intangible Asset
     AND JOSEPH L. LEAUANAE, CPA, CITP, ABV, ASA, CFE                                                                       Valuation
        This article briefly discusses the criteria and qualifications that should guide the selection of                    Business valuation refers to the appraisal of an
     a forensic accounting expert witness. This discussion draws distinctions between the different                       equity interest or other interests in a business entity.
     skill sets that exist within forensic accounting and how those skill sets drive the selection of                     Intangible asset valuation refers to the appraisal of
     forensic accounting experts. We use these distinctions and classifications as a gauge for identi-                    intangible assets, such as licenses and patents, which
     fying appropriate experts in a variety of situations.                                                                may or may not be valued within the context of a
                                                                                                                                                         business       valuation.
     Areas of Exper tise                                                                                                                                   Generally, both busi-
     W i t h i n g Fo r e n s i c                                                                                                                          ness valuations and
                                                                                                                                                           intangible asset valua-
     Accounting                                                                                                                                            tions are conducted by
        The term “forensic accounting” has                                                                                                                 business appraisers.
     come to represent a fairly broad range of                                                                                                             For purposes of this
     services that can be classified into sever-                                                                                                           article, the terms
     al distinct skill sets. Each skill set repre-                                                                                                         “business valuation”
     sents an area of specialization within                                                                                                                and “intangible asset
     forensic accounting that requires addi-                                                                                                               valuation” are consid-
     tional expertise and training. This added                                                                                                             ered synonymous.
     expertise and training is distinguished                                                                                                                  Business valuations
     by separate qualifications and certifica-                                                                                                             or appraisals are often
     tions.                                                                                                                                                used to provide inde-
        We have categorized the types of foren-                                                                                                            pendent opinions on
     sic accounting skill sets into the follow-                                                                                                            business value, or the
     ing categories.                                                                                                                                       diminution in busi-
        1. Investigative Accounting                                                                                                                        ness value, based upon
        2. Economic Loss Calculation                                                                                                                       generally accepted val-
        3. Business and Intangible Asset Valuation                                                                                                      uation theory and an
                                                                                                                          understanding of business value as it pertains to the
       Investigative Accounting                                                                                           past, present, and future.
       Investigative accounting refers to the process employed to trace funds or to reconstruct                              Business appraisers, who usually have formal train-
     accounting information. This task has traditionally been undertaken by accountants because of                        ing in finance, have traditionally undertaken business
     their detailed understanding of the financial accounting process and because they are more                           valuations. More recently, forensic accountants have
     aptly trained to trace specific accounting transactions and to identify potential financial state-                   also joined the business appraisal profession. Given the
     ment manipulation.                                                                                                   diverse backgrounds of contemporary business apprais-
                                                                                                                          ers, it is generally observed that those who have a
       Economic Loss Calculation                                                                                          finance background are more effective at evaluating the
       Economic loss calculation refers to the determination of potential lost profit due to the occur-                   financial risks and returns inherent in the appraised
     rence of a particular event or series of events. Typically these calculations evaluate damages suf-                  business or intangible asset; while those who have an
     fered relative to the past, present, and future performance of companies and individuals under                       accounting background are more effective at analyzing
     varying assumptions and scenarios.                                                                                   the historical and projected financial statements of the
       Both economists and forensic accountants traditionally undertake these calculations.                               appraised business. The effective business appraiser is
     Forensic accountants are particularly effective at economic loss calculations because, unlike                        typically proficient at both.
     economists, they can interpret and assess lost revenue and determine the associated fixed and                          The Expert Witness
     variable expenses.
                                                                                                                            As defined by FindLaw, an expert witness is “[a spe-
       This article summarizes the paper Expert Witness Qualifications and Selection, published in Journal of Financial   cialist] who by virtue of special knowledge, skill, train-
     Crime, Vol. 12, No. 2. For more information on this article visit www.henrystewart.com/journals/jfc
26        JUNE/JULY 2005 National Paralegal Reporter                                                                                                > continued on page 46

				
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