Paralegal Brain The Blog ℠

LAWYERS WHO PUT TEACHBLADE IN HER PLACE!

.

PARALEGAL BRAIN THE BLOG IS TEACHBLADE'S SIGNATURE TEACHING IN TEXTBOOK, SUBSTANTIVE LAW AND LEGAL CONTEXT.

.

LAWYERS  WHO PUT TEACHBLADE IN HER PLACE.  

.

DON'T EVER REST ON YOUR LAURELS.  READ ANYTHING AND EVERYTHING THAT LAWYERS WRITE AND WRITE ABOUT.  FIND A "SAGE" (a Term of Endearment for Lawyers) WITH WHOM YOU CAN ENGAGE AND LET HIM OR HER KNOW THAT HE OR SHE IS THE "SAGE" AND THAT YOU RESPECT THEIR KNOWLEDGE AND SHOW THEM YOU WANT THEM TO INDIRECTLY MENTOR YOU -- BY FOLLOWING EVERYTHING THEY WRITE AND COMMENT UPON IT -- ASKING QUESTIONS THAT SHOW YOU'RE A PARALEGAL ALWAYS INTERESTED IN KNOWING MORE!  ENGAGING A "SAGE" AND SHOWING HER OR HIM HOW INTERESTED YOU ARE IN WHAT THEY KNOW IS -- THE FIRST -- STEP IN BECOMING A GREAT PARALEGAL.  (WITH ALL DUE RESPECT, IT MAY BE ONE OF THOSE -- "WHAT YOU DIDN'T LEARN IN PARALEGAL SCHOOL".)

.

PUBLIC RELATIONS:

YOU DON'T "BROWN-NOSE" YOU SAY?  WHAT ARROGANCE!  IF SHOWING RESPECT FOR THE PROFESSION AND THE LAWYERS UPON WHOSE SHOULDERS I'VE STOOD IS A CASE OF BROWN-NOSING, THEN TO CALL IT THAT IMPUGNS THE PROFESSION AND THE PROTOCOL.  I CALL IT RESPECT BECAUSE I'M SMART THAT WAY.  PLEASE SEE WHAT RESPECTFULLY ENGAGING A "SAGE" WILL LEAD TO -- FRANK OPINIONS ABOUT YOUR SKILLS -- AND LAWYERS TAKING THE TIME FROM AN ENORMOUS SCHEDULE -- TO TELL YOU SO.   (WITH ALL DUE RESPECT, IT MAY BE ONE OF THOSE -- "WHAT YOU DIDN'T LEARN IN PARALEGAL SCHOOL")

. 

 Rachel Lynn Foley, Bankruptcy Attorney and Owner of KC Bankruptcy is a Kansas City, Missouri Law Firm servicing clients who need to discharge bad debt and/or reorganize their debt so that it’s more manageable. @kcbankruptcy www.kcbankruptcy.com 

“@teachblade – it is always a good day to quash a garnishment and an even better day after a great Paralegal makes you think.”

 .

­­­­­­­­­­­­­­­­

 GA Legal Assistant

• ga_legal_ass@hotmail.com said...

 

"I am truly blown away. What excellent work! Or should I actually say teachings. I will most certainly enjoy reading what you write. Thanks so much!"

 .

 Attorney, Richard S. Jaffe, Alabama's Criminal Law Specialist since 1983, Super Lawyer 2007, 2008, 2009, 2010, 2011; Pre-Eminent AV-Rated Law Firm, Jaffe & Drennan, NY Best Seller Author (True-Crime Stories) of "Quest For Justice, Defending the Damned"

“@Teachblade -- Terrific work & invaluable for anyone in field of law- a wealth of info & teachable pivotal points! Truly a must read! Richard Jaffe, Esq” .

 

"@Teachblade -- The Evidence Summaries you created are pure golden." http://bit.ly/LjX5Oa 

 .

 Mitch Jackson, Laguna Hills, CA Attorney, Personal Injury Trial Litigator, AV-Rated Law Firm of Jackson and Wilson, Super Lawyer 2009, Spreecast Producer of Social Talk TV, The Law Channel TV, Trial Lawyer Expert TV, weighs in on Teachblade.

"I became so impressed with her insight and impression as to the law and needs of a lawyer that I picked up the phone, called and introduced myself. We quickly hit it off and I can easily see why her 44+ years as a litigation paralegal and teacher make her such a valuable asset to many top law firms throughout Southern California. Barb spends a great deal of time sharing useful resources and helping others. In my opinion, that type of selfless activity (helping others without expecting anything in return) really tells you about what's inside someone. So, I guess what I'm trying to say is that if you're in need of paralegal services or need help with getting your office organized and back in the green, call Barb. She's been there and done that and will know just what needs to be done!"

 .

Attorney James E. Novak, Former Prosecutor, MBA, Engineer, Master's Ed, Marine Corp, Tempe, Arizona Criminal and DUI Defense Litigator weighs in on Teachblade

James Novak -- Teachblade Reynolds . . ."What you do is a great service to the legal community. Your work is greatly appreciated. Any Bar Passers or Paralegals would be doing themselves a great justice for their future to touch bases with you."

. 

On Teachblade's Critique of Jaffe's NY Best Seller, "Quest For Justice, Defending the Damned"

"Richard Jaffe ‏ @RichardSJaffeAL @Teachblade You have an amazing analytical mind!"

. 

Comments Re Paralegal Brain Blog & Teachblade?

• Teachblade is humbled by The Legal Giants who have given her Honorable Mention for learning, embracing and deploying the Standards of the Legal World.

.

Teachblade’s book is a Paralegal’s Companion—Expert teaching   textbook law in law office context.  http://amzn.to/LhFmom

.

GET A FREE COPY OF TEACHBLADE'S BOOK.  BOOK TEACHBLADE AS A SPEAKER, locally or nationally by "Contacting Us" at the little blue button on the top left of the screen.  .

TEACHBLADE IS THE RIGHT SPEAKER for your Events such as School Orientations; Organizational Meetings, Increasing Class Enrollments; Ensuring Class Retention; Interviews; Keynote Speaker at Graduations; any Procedural Practice Module(s)--and watch enrollments rise! Teachblade wants to help each Paralegal Studies Program ensure that the only question that prospective Students will have is: "When can I enroll in your school because I'm excited about what I'll learn!" 

 .

PLEASE! Share this Article for a Worthy Cause by using the "Share Buttons" that display at the end of this Blog.  Help Build the Dreams of Promising Voc Ed Paralegals.  By using the "Share Buttons", you'll help support Paralegal Schools and their Educators and Students to incorporate much of the instructional material contained herein as supplemental reading and expansion of Students' learning curve.  Thank you, and the Paralegal and Law Students, Educators, Lawyers and Paralegals who read Paralegal Brain Blog world-wide, equally Thank You! 
.

Follow Teachblade on Twitter

Like Teachblade on Facebook

Connect With Teachblade on Linkedin

 

Using a Deposition, Pre-Discovery, Is Thinking Outside The Box.

.

PARALEGAL BRAIN THE BLOG IS TEACHBLADE'S SIGNATURE TEACHING OF TEXTBOOK LAW IN LEGAL CONTEXT.

.

Teachblade’s book is a Paralegal’s Companion—Expert teaching textbook law in law office context. http://amzn.to/LhFmom

.

│Paralegal Tip:│ USING A DEPOSITION│PRE-DISCOVERY│IS THINKING OUTSIDE THE BOX.

© Copyright 2012 Barb Holmes Reynolds

.

Traditionally, a Deposition is used as part of discovering the claims and contentions of the Other Party to the action (Discovery).

.

The Discovery process normally begins with the most cost-efficient means of discovering information from the Other Party in the form of a set of Form Interrogatories, an envelope and a postage stamp.

.

AS A SIDE NOTE -- ON THE GENERAL POINT

OF INTERROGATORIES OR OTHER WRITTEN

DISCOVERY WORTH MENTIONING HERE:

.

A rule of thumb to remember is that "The Propounding (Asking) Party always ends up with the 'Originals' of Discovery." Hence, if your office represents the Plaintiff in the litigation, and you send out a set of Form Interrogatories on behalf of the Plaintiff, then you'd retain the "Original" of the set of Form Interrogatories you sent. The Defendant's office would answer the interrogatories and serve by mail on your office, the "Original" of the Answers to the Form Interrogatories. The Defendant returns the "Original" to your office because -- "The Propounding Party always ends up with the "Originals" of Discovery. If the Defendant's attorney sends interrogatories, (or any other form of written discovery request to your office), they would send to your office, a "Copy" of the set of interrogatories, because THEY were in that case, the Propounding Party. Your office would then answer the interrogatories; and return to the Defendant, the "Original" of your client's Answers. That's because "The Propounding Party always ends up with the "Originals" of Discovery.

.

BACK TO THE ISSUE OF DEPOSITIONS, AND

WHY YOUR OFFICE MAY SCHEDULE ONE,

BEFORE ANY WRITTEN INTERROGATORIES

ARE EVER SENT OUT!  FOR THE WIN, IT'S

SOMETIMES NECESSARY TO THINK OUTSIDE

THE BOX!  YOUR LAWYERS WILL LOVE YOU.

.

A Deposition is more costly, more time-consuming, allows the Lawyer more in-depth inquiry of the facts and allows the Lawyer to observe the demeanor of the Opposing Party and how well the Opposing Party will perform in Court testifying Under Oath. Testifying falsely Under Oath can result in fines, jail time or both. So why would your office ever incur the greater cost of a deposition before deploying the least costly form of discovery (written interrogs, an envelope and a postage stamp)? Here's why you may have to think outside the box, and put the "cart" before the "horse".

.

In a dissolution of marriage case, let's assume the office client has been served with a temporary restraining order (TRO). Your Lawyer should closely scrutinize the TRO, to determine if there's any truth to any form of domestic violence, especially if your client never mentioned any domestic violence. The questioning of the client is critical because a TRO that is converted to a 5-year restraining order, is the functional equivalent of a "criminal conviction" with devastating and protracted consequences for your client.

.

There's a hearing upcoming regarding the TRO within approximately 2 weeks of your client being served with the TRO. The TRO is already in place that restrains your client's conduct. However, the reason it's called "temporary" restraining order is because a temporary order was issued, (based upon one spouse's allegations) and to avoid any potential further violence, the Court preliminarily issued a temporary order. However, your client will have an opportunity to challenge the issuance of the dreaded 5-year restraining order. In other words, your client will have his or her day in court.

.

When your client brings to the office the copy of the TRO he or she received, make a copy of it for your office file; and be sure to tell him or her that he or she Must abide by every single order in the TRO until the Court hearing takes place. (The allegations may be completely false. However, if the TRO is disobeyed in any respect, your client could end up in jail before his or her side of the case is even heard in court.

.

Take a look at the TRO and see what the supporting declaration says. Contact the client and verify what's said in the supporting declaration. Summarize your conversation with the client and tell your Attorney immediately about your conversation with the client and the substance of the supporting declaration of the other spouse. (That assumes that your Lawyer has delegated this function to you, or assuming your Lawyer was in court when the client came to the office, you took the initiative to review the TRO and take down the client's version of what happened or did not happen.) Look closely at the alleged facts in the TRO and after taking your client's version down, analyze whether or not there is any motivation for the other spouse to lie about the allegation of domestic violence.

.

If the case is pending in court for a dissolution of marriage, and custody is an issue, child support and/or spousal support is an issue, and the other spouse has been out of work for an extended period of time, then those facts can trigger a Family Code Section 3044(a) issue. (Take a look at the California Family Code and read Section [3044(a)]. California Family Code Section 3044(a) essentially says, that if a spouse has been found guilty of domestic violence within five (5) years of the filing of a divorce, there is a legal presumption that the guilty spouse is Unfit to parent minor children. The issuance of a court order restraining your client's conduct for 5 years under a TRO, is the functional equivalent to a guilty conviction, which would trigger Family Code Section 3044(a), and loss of custody of the children for a long time.

.

Hence, your Lawyer should request a short continuance of the upcoming hearing on the TRO, and let the court know that your client will be conducting a deposition (under oath) to determine the veracity of the accusing spouse's allegations. Have the Notice of Taking Deposition ready (already set up and scheduled with a date, office location and time) for your Lawyer to serve a "Copy" on the opposing counsel the day of the TRO hearing that should be continued. (Note that if before the day of the initial TRO hearing, your Lawyer has reviewed your office client's version of what happened and reviewed the supporting declaration of the other spouse, and decides that there is likely no truth to the allegations, then your Lawyer may want to call the opposing counsel to tell what your client has said; and that your office wishes to depose the accusing spouse before a 5-year order is issued by the Court, because your client is vigorously disputing that any domestic violence ever occurred.)

.

If the accusing spouse's lawyer believes there may not have been full candor by his or her client, then that telephone conversation may likely flush out the discrepancy and the opposing spouse's Lawyer may call the court and take the TRO hearing off calendar. If there's no time to make the call to the opposing spouse's lawyer, then it would be brought to the court's attention that a Deposition has been scheduled.

.

Placing the Other Party "Under Oath" in a physical setting of a "Deposition" being conducted will usually "flush-out" the veracity of the Other Party's allegations. The Transcript of what the Opposing Party said Under Oath in the Deposition can then be used at the Continued Hearing to Challenge the issuance of the Court's 5-Year order.

.

The Other Spouse (the SupportED Spouse), is perhaps not being completely truthful, with intent to obtain an uninterrupted revenue stream of support for the duration of the minority of the children as Section 3044(a) presumes Restrained Person "is unfit” to have custody of minor children, if convicted of domestic violence within 5 years of a Court action involving custody of children.

.

Even if the allegation is totally false, and a spouse does not challenge the TRO triggering into a 5-year restraining order, it will be an uphill climb to regain any custody of the minor children, that will involve time-consuming domestic violence sessions with proof returned to the court that the sessions have been attended by the spouse and those sessions could take months to complete and the spouse is without custody rights. That accused spouse may very well be the only fit parent for custody.

Citation: CA Family Code Section 3044(a), http://1.usa.gov/qhBro9

.

Teachblade

Follow @Teachblade

Get Paralegal Jobs

LAWYERS--IT DOESN'T GET ANY BETTER THAN THIS! E-DISCOVERY WRITTEN BY A LAWYER FOR LAWYERS IN LEGALESE!

.

LAWYERS--IT WILL NOT GET ANY BETTER

THAN THIS!  E-DISCOVERY WRITTEN BY

A LAWYER FOR LAWYERS IN LEGALESE!

.

PARALEGAL BRAIN THE BLOG IS TEACHBLADE'S SIGNATURE TEACHING IN SUBSTANTIVE LAW AND LAW OFFICE PRACTICE SKILLS IN LEGAL CONTEXT.

.

TEACHBLADE HEARD A SHORT VIDEO BY ATTORNEY RALPH C. LOSEY, (ALSO AN E-DISCOVERY SPECIALIST), PROVIDED BELOW, THAT TOUCHED ON TWO IMPORTANT POINTS CONCERNING LAWYERS, TO-WIT:

.

(1)     Attorney Losey immediately began his video with a Caveat to I.T. representatives (and I will paraphrase Attorney Losey.)  Attorney Losey stated that the fastest way for Information Technology People (herein "I.T.") to "piss off" a Lawyer is to show "hubris" -- by "lauding over" a Lawyer the fact that I.T. folks know something that Lawyers aren't yet as familiar with -- E-Discovery. 

.

Teachblade mentioned this very fact to a representative of a leading company as the Chief Reason why IT folks were not making, and would not make, the inroads with Lawyers due to the fact that many of the reps were not ready, emotionally, to handle Major League Lawyers.  Their misplaced feelings of desiring to "take over" would bleed through and their efforts, regardless of how stellar, would be dead on arrival the very second that such hubris was detected by Lawyers.

.

Teachblade believes that given the apparent failure to thrive, that the hubris must have become more important than the money I.T. folk would have otherwise obtained. 

.

Hence, Lawyers remind their business clients about preserving evidence and business documents with a custodian of records in place; and when Lawyers must address the issue of a Subpoena Duces Tecum or Request for Production of Documents (electronically), they'll simply spare no money, hire the best, to avoiding getting pissed off and to meet their legal and professional obligations. Attorney Losey also stated that the problem is magnified when I.T. reps play that fatal game with Senior Partners who control the money.

.

(2)     Attorney Losey then made the point that his purpose in writing about E-Discovery for West Publications was to assist Lawyers in recognizing that notwithstanding the fact that Lawyers didn't go to law school to become I.T. folk -- that the world has become for the most part, an electronic world, in which the majority of persons communicate the majority of the time, electronically. 

.

Moreover --

.

               (a)     that Lawyers are under a legal duty to locate and preserve relevant evidence --     

               (b)     that Lawyers are under an ethical and legal duty of competence and due diligence --

               (c)     that Lawyers are under a legal duty to effect risk management for their clients to avoid losses and liability -- and

               (d)     that it's a way to win cases by keeping witnesses honest.  That because persons (witnesses) are now communicating electronically in Most cases; there is an electronic footprint of conversation in the form of "electronically-stored information" (herein "ESI") that was a conversation by e-mail held 3 years ago (and a statement made at the closest point in time to relevant events and therefore the "best evidence"; and can be used to impeach a witness at trial with a prior inconsistent statement.  In other words, it keeps witnesses honest and streamlines the trial process because obtaining ESI is becoming more "mainstream" in the Courts. 

.

E-DISCOVERY WRITTEN BY A LAWYER (AND E-DISCOVERY SPECIALIST) -- FOR LAWYERS.

.

Attorney Ralph C. Losey, also an E-Discovery Specialist, "was asked by West Publications to contribute the section on "Metadata," one of his favorite subjects, to its new book on e-discovery entitled: E-Discovery, a Thompson West Report and Guide to the New Rules."

.

"This will be a compendium by several authors, including yours truly. West has given me permission to post this section of the book here." (So down load or view the PDF file below at the Red Link)

.

META DATA AND E-DISCOVERY

Metadata and E-Discovery: 
Reprinted From E-Discovery: A Thompson West Report

"The book was released in early 2008 and can be purchased from West at their online store.

.

After I wrote the chapter a new case came online that provides a good example of when metadata should be produced. Ryan v. Gifford, 2007 WL 4259557 (Del. Ch. Nov. 30, 2007).  This is a stock backdating case where the metadata showing the time of document creation could be outcome determinative. 

[Emphasis added.]

.

In the words of the Chancellor in Delaware who wrote this letter opinion:

For the following reasons, I grant plaintiffs' motion to compel. First, metadata may be especially relevant in a case such as this where the integrity of dates entered facially on documents authorizing the award of stock options is at the heart of the dispute. This relevance is further illustrated by the fact that Maxim's special committee, as well as Deloitte and Touche, undoubtedly reviewed metadata as part of their investigation into the backdating problems at Maxim. This latter fact also undermines the asserted burdensomeness of producing documents in native file format.

[Emphasis added.] 

.

Teachblade states that it's the documents in their "native file format" that would show the unchanged meta data and hence the "true" date of document creation in the backdating-of-stock-certificates issue. 

.

"SAGES", BOOKMARK THIS PAGE FOR A TON OF ATTORNEY LOSEY’S INFO THAT WILL BRING YOU UP TO SPEED IN NO TIME: http://floridalawfirm.com/book_west.html

.

BASKETBALL GAME THAT AN E-DISCOVERY TEAM PLAYS, BY ATTORNEY RALPH C. LOSEY -- IS A WELL- REASONED  TREATISE BY A LAWYER.

http://floridalawfirm.com/game.html

.

Attorney Losey also has an entire E-Discovery Program Online at the following Links that provide information concerning the Program, its reasonable costs and the Syllabi concerning the various course modules.  Teachblade is URGING Paralegals as well to consider taking the Program (for the reasonable cost of $1,000 for the program in its entirety -- that's taught by a Lawyer for Lawyers and Legal Staff -- in Legalese!)  AWESOME!!!!!!!!!!!!!!!!!!!!!!!  The Program Links are below:

TUITION COSTS THE FIRST 5 CLASSES ARE FREE

http://www.e-discoveryteamtraining.com/see-what-we-have-to-offer/

 

SYLLABUS  --  SECTIONS 1 THROUGH 5 AND CLASSES A-K IN EACH SECTION

http://www.e-discoveryteamtraining.com/syllabus/

. 

Teachblade has worked in Litigation and Discovery for 44 years; and hence, ESI is another layer of Discovery in electronic format.  The basic principles of Discovery still control as they logically must. 

.

Graduates of Teachblade who were intensively trained in basic Discovery principles are encouraged to TAKE THE PROGRAM and realize a minimum pay potential within larger lawfirms and businesses of upwards of $70,000 annually.  Teachblade will say it again -- Law is one of the most recession-proof industries on the Planet.

.

If I were starting my Law Practice today, here’s what I’d do to bring in clients” by Attorney David Ward  #teachblade http://bit.ly/JQUokh
 .

GET A FREE COPY OF TEACHBLADE'S BOOK.  

BOOK TEACHBLADE AS A SPEAKER, locally or nationally by "Contacting Us" at the little blue button on the top left of the screen.  

.

TEACHBLADE IS THE RIGHT SPEAKER for your Events such as School Orientations; Organizational Meetings, Increasing Class Enrollments; Ensuring Class Retention; Interviews; Keynote Speaker at Graduations; any Procedural Practice Module(s)--and watch enrollments rise! Teachblade wants to help each Paralegal Studies Program ensure that the only question that prospective Students will have is: "When can I enroll in your school because I'm excited about what I'll learn!" 

 .

PLEASE! Share this Article for a Worthy Cause by using the "Share Buttons" that display at the end of this Blog.  Help Build the Dreams of Promising Voc Ed Paralegals.  By using the "Share Buttons", you'll help support Paralegal Schools and their Educators and Students to incorporate much of the instructional material contained herein as supplemental reading and expansion of Students' learning curve.  Thank you, and the Paralegal and Law Students, Educators, Lawyers and Paralegals who read Paralegal Brain Blog world-wide, equally Thank You! 
.

Follow Teachblade on Twitter

Like Teachblade on Facebook

Connect With Teachblade on Linkedin

Get Paralegal Jobs

 

 

 

 

 

 

.

 BY ATTORNEY RALPH C. LOSEY (WHO ALSO AN E-DISCOVERY SPECIALIST AND WROTE THIS ARTICLE FOR ).

.

 

Paralegals: Sorry To Have To Mention This Again But Your Lawyers Just Won't Listen!

.
PARALEGAL BRAIN THE BLOG IS TEACHBLADE'S SIGNATURE TEACHING OF TEXTBOOK LAW IN LEGAL CONTEXT. 
.
Paralegals -- Sorry to have to mention this to you again -- but "de ja vue".  This Brady v. The State of Maryland case is serious business and is the seminal case on the issue of full disclosure of "Discovery", that a prosecutor wants you to know if you're working in the Prosecutor's Office.

.

Two prosecutors apparently didn't believe the Brady case applied to them -- in plain view of the fact that Brady is About Prosecutors!  Go figure. 
.
NACDL - News Release ~ 05/24/2012 -- ARTICLE FROM National Association of Criminal Defense Lawyers, submitted by Capital Murders Defense Lawyer and "Alabama's Matlock", Richard S. Jaffe, Esq.
.
Two Prosecutors of Washington, DC (May 24, 2012) – The U.S. Department of Justice revealed today the only two disciplinary actions it has taken in the investigation of professional misconduct leading to the indictment and conviction of the late senator from Alaska, Ted Stevens.
.
Assistant U.S. Attorney Joseph W. Bottini, a lawyer with over 25 years of service, has been suspended for 40 days without pay.  AUSA James Goeke, an attorney with eight years experience, received a 15-day suspension.  A copy of Assistant Attorney General Ronald Weich’s May 24 letter
explaining the disciplinary actions is HERE.
.
Specifically, the DOJ’s Office of Professional Responsibility (OPR) found that Assistant U.S. Attorney Joseph W. Bottini:  . . .

http://www.nacdl.org/NewsReleases.aspx?id=24332&libID=24301#.T8H0wlqhlvU.gmail

.

Teachblade's March 2, 2012 Blog on the issue of Brady v. State of Maryland.       http://bit.ly/wrFKLM       
.
TEACHBLADE
.
Teachblade’s book is a Paralegal’s Companion—Expert teaching  of textbook law in law office context.  http://amzn.to/LhFmom

.

GET A FREE COPY OF TEACHBLADE'S BOOK. BOOK TEACHBLADE AS A SPEAKER, locally or nationally by "Contacting Us" at the little blue button on the top left of the screen.  

.

TEACHBLADE IS THE RIGHT SPEAKER for your Events such as School Orientations; Organizational Meetings, Increasing Class Enrollments; Ensuring Class Retention; Interviews; Keynote Speaker at Graduations; any Procedural Practice Module(s)--and watch enrollments rise! Teachblade wants to help each Paralegal Studies Program ensure that the only question that prospective Students will have is: "When can I enroll in your school because I'm excited about what I'll learn!" 

 .

PLEASE! Share this Article for a Worthy Cause by using the "Share Buttons" that display at the end of this Blog.  Help Build the Dreams of Promising Voc Ed Paralegals.  By using the "Share Buttons", you'll help support Paralegal Schools and their Educators and Students to incorporate much of the instructional material contained herein as supplemental reading and expansion of Students' learning curve.  Thank you, and the Paralegal and Law Students, Educators, Lawyers and Paralegals who read Paralegal Brain Blog world-wide, equally Thank You! 
.

Follow Teachblade on Twitter

Like Teachblade on Facebook

Connect With Teachblade on Linkedin

Get Paralegal Jobs

 

All the Perks of Divorce, but without Marriage

 




 

Powered by
 







 * Please note, the sender's email address has not been verified.







 
 



 





Check it out.




 






 
 







 
 



 
Click the following to access the sent link:



 
 



 









All the Perks of Divorce, but without Marriage*





 
 
 














 



 

Daily Writing Sample: When a Judge Interrupts

 




 

Powered by
 







 * Please note, the sender's email address has not been verified.







 
 



 





He talked too much




 






 
 







 
 



 
Click the following to access the sent link:



 
 



 









Daily Writing Sample: When a Judge Interrupts*





 
 
 














 



 



 












 



 






 
 


Get your EMAIL THIS Browser Button and use it to email content from any Web site. Click here for more information.







 
 





 
 





 
*This article can also be accessed if you copy and paste the entire address below into your web browser.

http://blogs.wsj.com/law/2012/05/25/daily-writing-sample-when-a-judge-interrupts/?blog_id=14&post_id=42702

High Court Denies Benefits to Parent of Child Born Through IVF

 




 

Powered by
 







 * Please note, the sender's email address has not been verified.







 
 



 





Not this time




 






 
 







 
 



 
Click the following to access the sent link:



 
 



 









High Court Denies Benefits to Parent of Child Born Through IVF*





 
 
 














 



 



 












 



 






 
 


Get your EMAIL THIS Browser Button and use it to email content from any Web site. Click here for more information.







 
 





 
 





 
*This article can also be accessed if you copy and paste the entire address below into your web browser.

http://blogs.wsj.com/law/2012/05/21/high-court-denies-benefits-to-parent-of-child-born-through-ivf/?blog_id=14&post_id=42666

NOTICE TO PLAN ADMINISTRATOR. GOT TO HAVE ONE! HERE'S WHAT TO DO.

.

PARALEGAL BRAIN THE BLOG IS TEACHBLADE'S SIGNATURE TEACHING IN LEGAL CONTEXT.

.

THE PARALEGAL COMPANION. Teachblade’s book is a Paralegal’s Companion—Expert
teaching of textbook law in law office skills context.  http://amzn.to/LhFmom 

.

GOOD PRACTICE TIP:  WHEN THE SUBJECT IS MONEY IN AN EMPLOYEE-RELATED PENSION PLAN AND/OR AN INVESTMENT ACCOUNT, DO A NOTICE TO PLAN ADMINISTRATOR, SO THE PLAN ADMINISTRATOR IS PUT ON NOTICE, AND WON'T MAKE A DISTRIBUTION UNAWARE THAT YOU HAVE A COMMUNITY PROPERTY INTEREST.  IT HAPPENS!  

.

Download NOTICE TO PLAN ADMINISTRATOR

.

Whenever you have a family law case that involves an Employee-related Pension Plan and/or an Investment Account, those pension plans and investment accounts are a subject of Community Property Interest, if those accounts were created and monies generated During The Marriage.  In California, a Community Property State, the other Spouse has a one-half interest in the proceeds.

.

You don't want a situation where the Spouse who has direct access to the accounts (because s/he is the Employee or the one whose name is on the investment account) to have a preemptive strike to the accounts before you have an opportunity to receive your community property portion.  The Plan Administrator will be unaware of a divorce proceeding -- unless YOU tell them.  Hence, the Notice to Plan Administator.

.

Be sure to get the correct name and correct address because you want the Plan Administrator under the jurisdiction of the court so that the court will receive accurate information concerning the accounts.  Hence, it is absolutely imperative that the correct name and address of the Plan Administrator who administers the plan -- is properly served and put on notice.  You can call the Human Resources Department of the place of employment of the working spouse and let them know that a court action is pending in the courts concerning your community property interest in a certain employee pension plan and investment accounts; and you need to know the name and address of the Plan Administrator.

.

IF YOU THINK THAT THE OTHER SPOUSE MAY TRY TO OBTAIN A DISTRIBUTION FROM THE PENSION AND/OR ACCOUNTS BEFORE YOU CAN GET THE PENSION PAPERS AND SUMMONS ISSUED BY THE CLERK OF THE COURT, THEN SEND THE "NOTICE TO PLAN ADMINISTRATOR" IMMEDIATELY BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, SO YOU CAN EVIDENCE WHEN IT WAS MAILED AND RECEIVED.   SEND THE NOTICE TO PLAN ADMINISTRATOR AHEAD OF THE OTHER DOCS, SO YOU CAN "RUN INTERFERENCE".

.

Incorporate that name and address in every single document related to that specific pension plan and/or investment account.  In the case of an Employee Pension Plan, go to the California Judicial Council Forms website and retrieve the forms related to Joinder of Employee Pension Plan.  The Plan Administrator will be THE CLAIMANT in those forms.  BE SURE the name and address of the Plan Administrator is included in that section of the form.  Take those forms to the court, have the Clerk of the  Court ISSUE THE SUMMONS ON JOINDER and sign off on the other documents as well.  YOU WILL NEED THE FOLLOWING FORMS:  FORM NO FL-370 THROUGH 375.

.

Issuance of the  Summons and related papers is a ministerial function that can be performed by the Clerk of the Court.  

.

CRITICAL IMPORTANCE:  THE FORM NO. FL-374 (Notice of Appearance and Response of Employee Benefit Plan -- LEAVE THIS FORM BLANK EXCEPT FOR THE NAME AND ADDRESS OF THE PLAN ADMINISTRATOR (CLAIMANT) ON THE FORM.  THIS IS THE FORM THAT THE PLAN ADMINISTRATOR WILL COMPLETE.  SO WHEN YOU ARE GETTING THE CLERK OF THE COURT TO ISSUE THE SUMMONS AND SIGN OFF ON THE OTHER FORM, HAVE FL-374 AMONG THE SET GOING TO THE PLAN ADMINISTRATOR AND HAVE IT IN BLANK.

.

REMEMBER, if the Pension Plan has Vested and the Employee can withdraw at any time, you want to get that Notice to Plan Administrator -- to the Plan Administrator ahead of everything else to STOP a pay-out.   The employee attempting to gain an advantage is not going to tell the Plan Administrator about the divorce proceedings.  After the money is gone from the accounts, it's more costly to seek a disgorgement of the funds from the Employee.  The pension plan folks are off the hook because they didn't know.  Remember to send ALL papers to THE PLAN ADMINISTRATOR -- by Certified Mail, Return Receipt Requested (the little green card) so you can evidence when it was sent and who signed for it.  DON'T FORGET to provide a FORMAL Proof of Service that the Notice To Plan Administrator was in fact served on the Plan Administrator.  

.

A Formal Proof of Service is on Pleading paper (Lines 1-28) and has a case caption and is entitled Proof of Service of Plan Administrator.  If the Proof of Service is incorporated in a judicial form, then it is considered an "Informal" Proof of Service.

.

THIS IS A PARALEGAL FUNCTION, SO PLEASE KNOW IT.  SAVE THIS POST FOR LATER.

.

ANY QUESTIONS, EMAIL teachblade@gmail.com

.

GET A FREE COPY OF TEACHBLADE'S BOOK.  BOOK TEACHBLADE AS A SPEAKER, locally or nationally by "Contacting Us" at the little blue button on the top left of the screen.  

.

TEACHBLADE IS THE RIGHT SPEAKER for your Events such as School Orientations; Organizational Meetings, Increasing Class Enrollments; Ensuring Class Retention; Interviews; Keynote Speaker at Graduations; any Procedural Practice Module(s)--and watch enrollments rise! Teachblade wants to help each Paralegal Studies Program ensure that the only question that prospective Students will have is: "When can I enroll in your school because I'm excited about what I'll learn!" 

 .

PLEASE! Share this Article for a Worthy Cause by using the "Share Buttons" that display at the end of this Blog.  Help Build the Dreams of Promising Voc Ed Paralegals.  By using the "Share Buttons", you'll help support Paralegal Schools and their Educators and Students to incorporate much of the instructional material contained herein as supplemental reading and expansion of Students' learning curve.  Thank you, and the Paralegal and Law Students, Educators, Lawyers and Paralegals who read Paralegal Brain Blog world-wide, equally Thank You! 
.

Follow Teachblade on Twitter

Like Teachblade on Facebook

Connect With Teachblade on Linkedin

Get Paralegal Jobs

.

 

RECENT BAR PASSER? HELL YES! IT'S THE BEST TIME TO OPEN A LAW PRACTICE!

.

RECENT BAR PASSER?  HELL YES!  IT'S THE BEST TIME TO OPEN A LAW PRACTICE!

.

PARALEGAL BRAIN THE BLOG IS TEACHBLADE'S SIGNATURE TEACHING OF SUBSTANTIVE LAW AND LAW OFFICE PRACTICE SKILLS IN LEGAL CONTEXT.

.

The following article -- linked in Red below -- is sponsored by Attorney Larry Bodine's Law.Com and is a great article pointing up the fact that even the "Top Guns" are heading to smaller boutiques.  These "Top Guns" are faced with the reality that Clients are no longer paying "major law firm prices" in a 2012 Economy.

.

Hence, Lawyers fresh out of law school are not to think that they would be the only ones considering the move to "hang out their shingles"!  Should that concern Lawyers fresh out of law school?  Hell no!  That should make you jump for joy!  Why is that?  

.

Because "You Hot-shot"  who just got out of law school", have all the energy and all the passion to kick butt!  It's The Systems  that do the work.  Top Gun Lawyers aren't walking away from a big firm to a firm they are setting up unless they have Teachblade.  Why is that?   Because "The Top Guns" aren't going to know any more about the "infrastructure" of the engine of a law firm than you will.

.

Top Guns "oversee" the overall functionality of the law firm.   They do not create the underbelly -- the "Engine" -- of Systems that make the law firm happen.   What's more, as a Young Hot-Shot, you don't have the buying-dollars it will take the Top-Guns to move into a boutique.  Hence, create your own Boutique.  In one year, the Top-Guns will notice the young Hot-Shots and wonder how it is that the Hot-Shots are on par with the boutique that the Top-Guns went to!  Teachblade will say it again -- it's " The Systems"!  The Systems are EVERYTHING!  

.

WHAT ARE THE SYSTEMS?  They are the following areas of practice complete with document preparation and "checks and balances" in timely processing the cases from the inception of each client case to conclusion in the Courts, in --

• Family Law, Discovery, Law & Motion and Trial Prep;
• Civil Litigation, (Marvin Actions, Personal Injury and PI Defense Cases), Discovery, Law & Motion & Trial Prep;
• Wills and Trusts and Trust Administration;
• Bankruptcy, Chapters 7 & 13, Law & Motion and Adversary Proceedings;
• Conservatorships and Accountings;
• Guardianships and Accountings;
• Unlawful Detainers for Landlords and Law & Motion and Adversary Proceedings in Bankruptcy Court (should the tenant file bankruptcy);
• Criminal Law, Discovery, Law & Motion and Trial Prep; and
• Entertainment Law.

.

Either one of the foregoing areas of practice, or a combination, should keep you busy and profitable for a very long time.  

.

Check out the article in red below, and then check out Teachblade's Video set forth below as well about the subject.

.

Big Firm Litigators Heading to Boutiques.  
.

Teachblade, Former Century City Law Office Manager/Office-Set-Up at 1900 Avenue of the Stars, 28th Floor, Century City, CA --  is THE GURU of Kick-Butt Law Office Systems & Staff Set Ups in the foregoing practice areas.
.
Setting up a Law Office is not for the "faint of heart"; but for the Lawyer with the drive of a mental machine.  It's for persons with the mindset of a Kingdom Builder -- and is Not -- for persons who cringe at the thought of working late hours -- and why you can't hire "Momma" or other relatives.   Hence, knowing the right personnel is equally important.
.
The "Bells and Whistles" change but THE SYSTEMS don't change in law practice.  They're the systems that Judge Broady and Johnnie Cochran used!  There's no point in reinventing the wheel, when you can access a Kick-Butt Paralegal who has been there and done that!  Check her out and call her (if you fancy it)!  http://bit.ly/KtfsJp

.

GET A FREE COPY OF TEACHBLADE'S BOOK.  BOOK TEACHBLADE AS A SPEAKER, locally or nationally by "Contacting Us" at the little blue button on the top left of the screen.  

.

TEACHBLADE IS THE RIGHT SPEAKER for your Events such as School Orientations; Organizational Meetings, Increasing Class Enrollments; Ensuring Class Retention; Interviews; Keynote Speaker at Graduations; any Procedural Practice Module(s)--and watch enrollments rise! Teachblade wants to help each Paralegal Studies Program ensure that the only question that prospective Students will have is: "When can I enroll in your school because I'm excited about what I'll learn!" 

 .

PLEASE! Share this Article for a Worthy Cause by using the "Share Buttons" that display at the end of this Blog.  Help Build the Dreams of Promising Voc Ed Paralegals.  By using the "Share Buttons", you'll help support Paralegal Schools and their Educators and Students to incorporate much of the instructional material contained herein as supplemental reading and expansion of Students' learning curve.  Thank you, and the Paralegal and Law Students, Educators, Lawyers and Paralegals who read Paralegal Brain Blog world-wide, equally Thank You! 
.

Follow Teachblade on Twitter

Like Teachblade on Facebook

Connect With Teachblade on Linkedin

Get Paralegal Jobs

.

 

.

.

TEACHBLADE

teachblade@gmail.com

Office: 661-822-1994

WHY SOCIAL NETWORKS WANT YOUR PHOTOS. . .

.

PARALEGAL BRAIN THE BLOG IS TEACHBLADE'S SIGNATURE TEACHING OF SUBSTANTIVE LAW AND LAW OFFICE PRACTICE SKILLS IN LEGAL CONTEXT.

.

WHY SOCIAL NETWORKS WANT YOUR PHOTOS . . .

.

http://blogs.smartmoney.com/advice/2012/05/17/why-social-networks-want-your-photos/?blog_id=202&post_id=643 

.

TEACHBLADE

.

GET A FREE COPY OF TEACHBLADE'S BOOK.  BOOK TEACHBLADE AS A SPEAKER, locally or nationally by "Contacting Us" at the little blue button on the top left of the screen.  

.

TEACHBLADE IS THE RIGHT SPEAKER for your Events such as School Orientations; Organizational Meetings, Increasing Class Enrollments; Ensuring Class Retention; Interviews; Keynote Speaker at Graduations; any Procedural Practice Module(s)--and watch enrollments rise! Teachblade wants to help each Paralegal Studies Program ensure that the only question that prospective Students will have is: "When can I enroll in your school because I'm excited about what I'll learn!" 

 .

PLEASE! Share this Article for a Worthy Cause by using the "Share Buttons" that display at the end of this Blog.  Help Build the Dreams of Promising Voc Ed Paralegals.  By using the "Share Buttons", you'll help support Paralegal Schools and their Educators and Students to incorporate much of the instructional material contained herein as supplemental reading and expansion of Students' learning curve.  Thank you, and the Paralegal and Law Students, Educators, Lawyers and Paralegals who read Paralegal Brain Blog world-wide, equally Thank You! 
.

Follow Teachblade on Twitter

Like Teachblade on Facebook

Connect With Teachblade on Linkedin

Get Paralegal Jobs