OBCL Paralegal Mentors

Networking on LinkedIn.com (Posted by Jenny)

2009-07-19T17:50:00.000-07:00

It is never too early (or late) to begin professional networking. To that end, I have created a group for OBCL paralegals on LinkedIn.com You are welcome to join!

http://www.linkedin.com/groups?about=&gid=2088483&trk=anet_ug_grppro

The First 3 Months in Office (posted by Jessica)

2009-07-11T11:36:00.000-07:00

As a “veteran” with only 90 days of experience in a law office, what am I doing writing an article!?! Maybe the following tale will bring some laughter. If you are already working in the legal field, may the tale encourage your efforts to welcome and come alongside rookies. If you are not in a law office yet, perhaps the tale will help you know how to prepare. This tale is told in the second person to protect the innocent (or guilty?).

The first day at a new job has moments that are seared forever in your memory…the rest of the day is just a blur :) You are filled with so much nervousness and excitement that you arrive before the office is open and spend a nerve-wracking 15 minutes waiting to go into the building. This is good though because you can remind yourself to breath and pray.

The office is a boutique firm that specializes in an area of law you did not study with OBCL, so you know absolutely nothing except the layout of the office and that bit you know only because of the interview.

When you answer the phone watch out! Old habits die hard and you must stop yourself from accidently answering with the greeting from your former job. The one time you don’t catch yourself in time it turns out to be the senior partner’s wife on the other end of the line. Thankfully she is a sweet and understanding person. Anyway the whole office has a good laugh. Note to self: be able to laugh at your own expense.

On the first day you attempt to identify the office expert. You find your ally in the office manager who knows all the ins and outs of what is happening in the firm. To your great joy she takes you under her wing and is willing to answer questions. Who knew that helping with tedious humdrum tasks is a great relationship builder? You learn a lot from her by simply listening and watching. Never be afraid to ask seemingly dumb questions, like “how do I check the voicemail message on my desk phone?”

Your biggest goal and also your greatest challenge is to recognize and understand each attorney’s individual style. What schedule does he operate on? How does he like his projects organized? Is he paper based or computer oriented? What are his pet peeves? You pray for guidance in juggling the various tasks and schedules. This will be an ongoing study.

Before working here you thought you had a good memory. Now though your brain seems like a sieve and even simple things like transfering a phone call requires you to write down the name and case before you buzz the attorney so you can remember who is calling and why. Is dementia setting in or is it merely part of working in a fastpaced environment? You are given a simple task and you walk back to your desk to do it and by the time you get there the details are fuzzy (could those three people that stopped you on the way to ask questions or give other tasks have anything to do with it?) After three months you have trained yourself to always carry a notepad and write everything down, and by that point you are relieved of the fear of dementia because everyone else takes notes also and you are starting to recognize clients by voice on the phone. You get a big thrill the day you suddenly are able to go to the exact drawer, whip out the file, and turn to the exact page without consciously thinking about it.

Another WATCH OUT! issue you come to terms with is the danger of assuming that what you hear your supervisor say IS what he meant you to hear. During the first few weeks you are an eager beaver and complete tasks quickly and completely only to discover that what you give back to them is not what they meant at all. You recognize the wisdom of your boss’s mantra, “When finished, sum up!” Besides writing everything down, at the end of the conversation you reiterate back in your own words what you heard the other person ask you to do. You look foolish and waste valuable time when you fail to verify you understand what the other person is envisioning as the final product.

Speaking of time, on the first day you are introduced to a new computer program. It is a bit overwhelming and even frightening – it is the billing program. You face a dizzying assignment of trying to learn as fast as possible what can be billed and what cannot, how many hours you are expected to put in per month, and all of the codes and abbreviations. That isn’t the most brainwracking part though. You are an intelligent human being capable of drafting legal documents, communicating with courts and clients, and keeping organized. For the past three hours you have been working steadily, but now how do you describe on the billing program what you did in a way that shows the client what you did and how it provides benefit to them? Is there a “Billing Entries for Dummies?”

You start in the firm knowing you are a rookie, and the firm hires you knowing you are a rookie. Perfection is not demanded. What they are looking for is for you to have a “Can Do” attitude, ready to give your best, with the wisdom to recognize when you are beyond your experience level. The wise man has the humility to say “Yes I will do that. Is there someone who can take a few minutes to show me how?”

God bless on your final exams and as you prepare for the CLA exam.

Twitter (Posted by Jenny)

2009-06-14T20:18:00.000-07:00

For all of you who are a Twitter-er (and those of you who may want to look into it) OBCL Paralegals now have a page on twitter!

http://twitter.com/obclparalegals

Ethics in 1925 (posted by Jessica)

2009-06-13T10:22:00.000-07:00

A team of OBCL students/graduates has been working with Professor Rob Caprera for the past eight months on a research project involving the Scopes “Monkey” Trial of 1925. It was fascinating to study the trial transcript and to help prepare a presentation on the creation-evolution controversy from a legal perspective. In studying the trial, our team was surprised at the number of bizarre happenings, many of which have serious ethical considerations. Here is a sampling of some of the trial’s peculiarities.

1. Local businessmen in partnership with the ACLU concocted the whole trial as a way to get the town on the map and to attempt to overturn the anti-evolution law.
2. The Defense never put John T. Scopes (Scopes), it’s client, on the witness stand.
3. The Defense coached the Prosecution’s witnesses in what to say.
4. One of the prosecution attorneys was a personal friend of Scopes. He knew that Scopes had not taught evolution in the classroom.
5. The indictment was read while one member of the jury was absent and before any of the jury had been sworn in.
6. The attorneys attacked each other with verbal insults and kept interrupting each other’s speeches.
7. The defense wanted to have the judge act on a motion even though the prosecution had not been furnished with a copy and the judge had not read it.
8. Attorney Clarence Darrow insulted the judge to his face and was held in contempt of court with a $5000 bond. Yet after a lame apology he was allowed to continue on with the case.
9. One of the defense attorneys said in open court, “Your Honor, every single word that was said against this defendant, everything was true.” They wanted to lose so they could appeal to the Tennessee Supreme Court and get the law declared unconstitutional.
10. William J. Bryan, one of the prosecution attorneys, was called to the witness stand and examined by Clarence Darrow.
11. The trial should have been an open and shut case of whether the defendant had violated the law or not. Instead the defense team spent nearly a week in turning the case into an evolution vs. creation controversy by bringing in all sorts of “experts” and outside “reports” to fill the record for appeal.
12. Many of their supposed “proofs” of evolution have since been proved to be inaccurate or hoaxes.

What ethical violations were you able to identify in the strange happens listed above? If you are interested in reading the full lecture and learning more about the research project, you are welcome to join the team’s Googlegroup: http://groups.google.com/group/scopes-project?hl=en

The rule of awwwww? (Posted by Gabe)

2009-06-02T08:04:00.000-07:00

You're no doubt following all that is going on in D.C. as the Sotomayor nomination kicks into high gear. Some of the rhetoric surrounding this nomination got me thinking - and to be perfectly honest, got me rather worried.

If you care to read my thoughts, you can do so here: The Rule of Awwwww.

Notary Public (posted by Jessica)

2009-05-16T11:49:00.000-07:00

Congratulations! You have finished three quarters of the paralegal program. Take a deep breath this week while you are on break and remind yourself that God helped you reach this point. He will continue to be with you through the final 10 weeks and beyond that as you continue your education or head into a job.

On Wednesday the office manager at our law firm announced that ALL the paralegals in the office were to complete the steps to become registered as notary publics. Many of our documents must be notarized and it had become increasingly obvious that we needed more than one or two individuals capable of notarizing paperwork. This week I spent several hours researching state requirements, reading a manual and filling out an application.

If you plan to work as a paralegal at a law firm or even continue on and complete a JD program, you should consider the idea of becoming a notary public. It is something you can put on a resume and make yourself more marketable.

What is a Notary Public? Here is an excerpt on the history of notary publics:

“The office of notary public has a proud and ancient heritage. As early as the days of the Roman Empire there is mention of its fore-runners; the ‘scriba’, ‘notarii’, ‘tabularii’ and ‘tabelliones.’ Originally the ‘notarius’ was a mere scribe taking notes or minutes and drafting various instruments. Since few people could write and commercial agreements were made orally, the services of the "notarius" were sought to reduce these agreements to a definite written record. With the growth of commerce and organized civil life, these same services were needed for instruments of contract, disposition of property, and court records, etc. Practically all documents of importance since the early Roman Empire were, at one time, drawn by notaries. The English notary is an ecclesiastical officer, although his duties are mainly secular, having at one time been appointed by the Popes and subsequently by the Archbishop of Canterbury. On October 25, 1639, Thomas Fugill, a member of Connecticut's New Haven Colony, became the first notary public in America.”[i]

Three of the modern duties of notary publics are to: take acknowledgements, prepare jurats for affidavits, and administer oaths.

1. Take an Acknowledgement: When a document like a deed to convey land has to be signed by the individual making the conveyance, a notary’s signature is required as proof that the individual is who they say they are and signed the document of their own free will.

A. The individual must be personally known to the notary public, or provide sufficient proof of their identity.

B. The notary must be comfortable that the person is competent to execute the document.

C. Through the oath administered by the notary, the individual affirms that the signature on the document is his own and that he signed of his own free will.

D. The notary than signs and usually also stamps the document with a seal as proof of the acknowledgment.

2. Jurat for an Affidavit: An affidavit is a statement of facts and must be signed in the presence of a notary by the person attesting to the facts. The notary administers an oath to the individual and then attaches a certificate, called a jurat to the affidavit. The jurat is proof that the individual affirmed the truth of his statement.

3. Administer Oaths: A typical oath is "Do you solemnly swear that the statements contained herein are true to the best of your knowledge and belief, so help you God?"

4. Notary Publics may NOT notarize their own documents, documents of relatives or documents that would bring themselves a personal benefit.

Each state has its own laws and procedures for notary publics. Commissioning notary publics is a function of the state’s Secretary of State’s office. Some requirements common to all states are that the person be 18 years-old or older and be a resident of the state (some states allow those whose primary place of business is in the state). Most recommend or require the notary public to have a stamp or seal with their name and the expiration date of their commission. Another requirement or strongly recommended suggestion is the keeping of a journal/register to document all actions done in the role of notary public (i.e. every document signed, every oath administered).

The application process varies greatly from state to state:

In Connecticut you must read a manual and fill out an application (which includes a test) that must be notarized and sent to the Secretary of State’s office with a $60 application fee.

In Maryland you must read a manual, and fill out an application that must be reviewed by your State Senator before the Secretary of State will approve it. The filing fee is $20.

In California you must take a six-hour class, take an exam ($40), and then submit to a background check.

In Indiana you must read a manual and submit an application along with a $5000 bond (against injury to persons through breach of duty). There is no test.

Illinois has many of the same requirements as Indiana.

For more information and links to manuals and applications please see below:

MD = http://www.sos.state.md.us/Notary/Notary.htm

CA = http://www.sos.ca.gov/business/notary/

IN = http://www.in.gov/sos/business/notary/guide.html

IL = http://www.cyberdriveillinois.com/publications/pdf_publications/ipub1620.pdf

Have a super weekend.

[i] State of Connecticut, Notary Public Manual, http://www.ct.gov/sots/lib/sots/legislativeservices/forms/notarymanual.pdf

Breaking: Justice Souter to Retire (posted by Gabe)

2009-05-01T09:36:00.000-07:00

If you follow legal news, you've probably seen that Justice David Souter apparently is planning to retire at the end of the Supreme Court's present term. It's a fascinating move legally and politically.

There are far too many angles for me to try to address in one post - thoughts welcome, in the comments!

Hot Air has a fascinating article, from the political perspective, here.

Problem Solving (posted by Jessica)

2009-04-22T15:49:00.000-07:00

Have you ever heard the phrase, "The answer is Duct Tape! Now what's the question?" Well the judge and court officer in the following article whole-heartedly believe that Duct Tape solves any problem!

http://www.foxnews.com/story/0,2933,517382,00.html

Business Organizations (posted by Jessica)

2009-04-10T07:35:00.000-07:00

Larry Ran Madly Down The Turnpike Calling For Doughnuts.

This phrase is a great way to remember the key topics for use when analyzing the various Business Organization types. The first letter of each word in the phrase corresponds to the first letter of one of the topics.

L = Liability
R = Raising Capital
M = Management
D = Duration
T = Transferability
T = Taxation
C = Complexity
F = Foreign States
D = Documents

Focus on memorizing each business type’s response to these 9 topics. The phrase about “Larry” is a quick way to check that you have covered all 9 topics when answering exam questions. If this phrase does not work for you, design a phrase of your own or a mental picture to remember the topics.

Individuals beginning a business are especially concerned with protecting themselves to avoid liability and excessive taxes. Or the individuals may be focused on finding the simplest management arrangement that will allow them to get right down to the business of making a profit. The attorney’s job is to make the individuals aware of how ALL of the above topics affect the decision of which Business Organization to choose. You as a paralegal will be involved in the research before creation of the business, and in preparing the documents to create the business entity.

On the note of documents, it might be a good idea to draw a chart to help you remember which documents are needed for each Business Organization. Without the proper paperwork a business may not be legally recognized and will face many problems in the future.

God bless the rest of your Third Quarter studies.

Prioritizing in the Law Office (Posted by Jenny)

2009-04-04T13:59:00.000-07:00

Knowing how to prioritize the stacks of projects that will come your way as a paralegal sounds simple, but is, in reality, a bit more complicated.

If you had asked me when I was doing my paralegal coursework if I knew how to prioritize, I would have told you of course I did. I had years of experience prioritizing in different working environments not to mention my education, and I had never encountered a problem with getting things done, no matter how stressful things might be.

And then I went to work in a law office. Nothing in my coursework or volunteering at the District Attorney's office prepared me for the chaos of the workings of a busy law office. It was definitely trial by fire. :)

The phones rang constantly. Whether it was a new client, a current client, a former client, a court, or other attorney's office, everyone needed something and listening to their requests took a great deal of time. Then there were the clients that came and went in the office, dropping things off, meeting with attorneys, signing waivers, etc.

Then there were the emergencies that seemed to come out of nowhere. They covered everything from motions that needed to be drafted immediately to files that had been forgotten and were needed by the attorney in court NOW.

Lastly, there was the normal workload the attorneys gave and expected to be done. Some days I felt as if I didn't have time to breathe. :) Sometimes I would sit down at my desk and have NO idea where to start, everything seemed so pressing.

But that was two years ago and I have become a bit wiser at prioritizing (and a bit less fazed by daily law office goings on). I am not saying that I am perfect, I still struggle with prioritizing, but I am much more comfortable with working amid chaos (and minimizing problems before they turn into chaos) than I was two years ago.

Here are a few tips I've learned the hard way:

1.Put all deadlines on the calendar. If pleadings need to be drafted and filed prior to a hearing, as soon as you know the hearing date is set, calendar a time a few weeks out to work on the motions / orders, have them reviewed, and tucked away in the file ready for court (if they will be presented then) or filed. When that time you've set aside to draft the orders rolls around if things are crazy, push it out a day or two, but stay late one day if you have to and get it done.

2.Constantly ask yourself, What has to be done THIS week? Or if things are hectic, What has to be done in the next 2 days? Worst case scenario, What has to be done TODAY? Once you have answered that question, put everything else on your desk aside and focus on those things that have to be done immediately. (Obviously, you will not always be in a time crunch, but if you are, don't panic. Just focus on what you have to do RIGHT NOW and if you need help from other staff, ask for it! You are a team!)

3.Learning how to multi task is hard, but it is a must. While you shouldn't do it all the time, there are many things (like filing) that don't require much brain power that you can do while waiting on hold, etc. In emergency situations, I have been typing motions or handing things to my attorney to sign while a client talked to me on the phone.

4.Don't forget to do something by not starting it when you should have. My office does a great deal of communication by e-mail, so as soon as I get on the phone with someone and they start talking, I start typing. I also (for retained clients) open up a fee window in the billing software so I won't forget to bill for the time I am working on their case. Even if I have to stop and do something else before I send the e-mail or close the billing window, the fact that I have started it will prompt me to finish it.

5.Remind your attorney (more than once) of deadlines and keep them well informed of the progress of projects. You may think you are very busy, but your attorney is much busier. He / she will rely on you to be their right arm and make sure things get done early or on time. You will (in all likelihood) have to gently remind them of things more than once and ask what you need to do to complete the task. This will save both of you time and stress later.

6.Although I try to avoid it, sometimes things get too hectic (this is true in small firms especially) and I have to work late or come in on a weekend. My attorney has never asked me to do this, I just get a sense when things are piling up and spending a few hours without the interruption of the phone or a full office can work wonders.

Needless to say, I could go on and on. I hope you will find all of the above helpful. Working as a paralegal will teach you much more than any book or blog ever could. Most important of all, find seasoned paralegals in your state who work in the same field you do (if you don't have one in the office) and learn everything you can from them!

Although the best rewards only God can give, you will find hard work and dedication reap their own good harvest. Your attorney (if he is like mine) may say little to you in the way of thanks, but he will rely on you heavily. Like the days my attorney will remember a project or deadline and ask me where we are with it, and I can tell him it is done and see his look of relief. Or n my office Friday morning, I was deep in work when I heard my attorney say, "Jenny! Come here. I can't find that Motion for Expert Witness and I've got court in 10 minutes. Where is it?" Five minutes later he was off to court with the motion, and I was smiling. :) It's great to be a paralegal!

A "Unique Will." (Posted by Gabe)

2009-03-24T13:52:00.000-07:00

As you are probably discovering in your study of wills and trusts, some people have very bizarre ideas about what a will should contain. You could do quite a study on strange things people have put in their last bequests. For instance, when I first saw the headline that PETA co-founder Ingrid Newkirk had a unique will, I thought I was going to be reading a story about, say, leaving property to cats.

But I was wrong. (And fair warning, before you click on that link - it's gross.)

So what do you think, class? Valid will?

P.S. If you need a laugh in the midst of your studies, check out the "Sea Kittens" campaign. I think they're being serious...

Legal Jobs (posted by Jessica)

2009-03-13T12:01:00.000-07:00

The economic downturn is affecting the job market and even the legal field has not escaped. Do not let this fact discourage your plans to become a paralegal. The Lord opened the door for you to take Oak Brook’s course and He will open a door to a paralegal job when the time comes. There are practical steps you can take to prepare for job-hunting while you are still in school.

RESUME
Update your resume or create one if you do not have one. There are templates and examples on the Internet of different resume styles. The traditional, reverse-chronological resume is probably the best choice. Place the “Education” section near the top and include OBCL with your expected date of completion. If your paid work experience is limited, have a section to detail volunteer work. Life experience counts whether you were paid or not. Ask others to look at your resume and give feedback.

NETWORK
“It is not what you know, but who you know.” The buzzword among job seekers is “networking.” People naturally gravitate towards hiring or working for someone they already know or who is connected to someone else they know. No doubt you have told family and friends about your paralegal course. Guess what! You have begun to network! Ask your friends and acquaintances if they can recommend someone you can speak with to learn more about law and the legal environment in your area. These contacts can lead you to still other contacts. Most people will be happy to talk with you and share suggestions.

INFO INTERVIEW
An informational interview is another pre-job hunting step. As you network, ask yourself which areas of law you are especially interested in. Seek contacts that specialize in those areas and ask if you could meet for coffee or lunch for an informational interview. The purpose of the interview is not to inquire about a job, but to learn about the challenges and responsibilities of the work the interviewee does. You will discover important facts, and narrow down options if you have not yet decided what branch of law you want to be in. Have a list of questions and afterwards write a thank you note.

VOLUNTEER
Have you considered volunteering/interning at a law firm, court or district attorney’s office while you are still in school? The experience will be invaluable to your studies, and will look good on your resume when you seek a permanent position after graduation. If you can allocate a little extra time each week to volunteering in a legal environment, you will find it well worthwhile. An internship is also a good way to meet people and network, allowing you to establish a positive reputation and later on hear of job opportunities.

Have a good week of studies.

Rat Race

2009-02-21T13:55:00.000-08:00

If you think your work or study environment is challenging, check out this story.

http://www.foxnews.com/story/0,2933,497987,00.html

Legal Reasoning in 08-09 (posted by Jessica)

2009-02-07T13:15:00.000-08:00

As you have no doubt discovered by now, Legal Reasoning concepts can be hard to grasp concretely. Perhaps, like me, you find it valuable to consider concrete examples of reasoning at work to help you grasp the theory behind each one. This blog post will be some mental wanderings on the topic of legal reasoning, and how each theory applies in the political realm. I would love to hear your thoughts and comments.

How many types and theories of legal reasoning have been revealed in the election and in the agenda of our new President?

-Idealism-

Many voters considered him a promoter of idealism. His campaign line of “Change,” and his repeated remarks about changing America and making the country better, sounded idealistic. Quite a few starry-eyed constituents went to the polls believing they were helping usher in a utopian society. An ideal of everyone’s needs being met. The voters would have claimed they and the President held to idealism if they had been polled about theories. A goal outside of current reality is the ideal for which society must strive to become a utopia.

-Realism-

Realism is finding the ideal embedded in the current reality. On the new White House website you will find information about goals for the new administration. Bills will be promoted and measures enacted to support abortions of all kinds, the homosexual community will receive more special treatment, and more regulations will be added to businesses. Since some people in society have already engaged in the former activities and clamor for the later then these must be the new ideals. Presidential advisors probably would claim the administration holds to the theory of realism. Current thought dictates the ideals.

-Nominalism-

The news stations and announcers like to proclaim themselves as unbiased providers of information. Nominalism is the theory of stating what currently exists in society without comment, almost like cataloguing. Calling a candidate a long-awaited messiah or a great breath of fresh air does not qualify as nominalism. Nor does bashing the previous administration. While reporters might say they hold to the theory of nominalism, their opinionated comments probably show otherwise. “What IS is what is, and that is all there is, with no right or wrong about it” the true nominalist would say.

-Legal Positivism-

The last “ism” philosophy, is legal positivism. Some of the new White House agenda items conflict with the Bible. An adherent of legal positivism believes there are no laws except what men legislate. God’s laws would be ignored as not true law, while legislated human opinions would be held as the only standard of right and wrong. Would our new Congress and President fall into the category of legal positivists?

I would love to hear your thoughts in the comment section!

God bless as you take exams soon.

Thoughts from Court. (Posted by Gabe)

2009-02-05T11:43:00.000-08:00

This morning I was sitting through some 341 meetings in federal bankruptcy court, and overheard a rather terrible discussion about a paralegal. You see, it's not uncommon at all for people looking to bankruptcy to hire a paralegal to help fill out the forms. While there are certainly acceptable ways to do that, this one was not - the paralegal went a bit beyond filling out the forms, gave the client some plain wrong legal advice, and was being investigated by the United States Department of Justice. Not a pretty picture, to be sure!

Being in on that meeting prompted a couple of thoughts on being a paralegal. Maybe these thoughts won't apply to you as you study, but I hope that they will be an encouragement to you as you prepare for your future work.

Know the Rules

This one is obvious, I'm afraid. A glance at an ethics book or a little common sense could have saved this paralegal a whole lot of potential heartache - not to mention criminal prosecution.

Now, who knows? Maybe this paralegal was having a bad day. Maybe she was distracted and didn't think about what she was saying. Maybe she has given this advice and gotten away with it a dozen times before. Or maybe she just took that little twinge of common sense and stuffed it under the rug to make a few bucks from this client. I will never know - but this I do know: whatever the reason, she is going to regret her laxity and ignorance of what she should and shouldn't do.

Your Words Matter

Scriptures are certainly clear on this point, as are the many that have written on the subject, but in the legal field it is especially true. To a very large extent, legal professionals have the lives of others in their hands. What you say and what you write has, for better or for worse, someone else's fate embodied in it.

It may not seem like much, sometimes. It could be a small question, a tiny project, or a seemingly inconsequential conversation with your client or your boss. But don't let those appearances deceive you. Don't get sloppy in what you say!

And it never ceases to amaze me how easy it is to mis-communicate. It's highly possible that this errant paralegal I heard about today has a very different idea of what she said. It could be that she is innocent at heart - but what she communicated caused her client to go the wrong way, and could well lead to criminal liability on her part. Clarity in speech can be horribly difficult, but it is no more difficult than it is vital.

I don't say this to scare anyone. I say it more as an encouragement, because you, as a paralegal, have the opportunity to impact people's lives in ways many will never know. You are in a position of trust, to both your clients and your bosses, and with that trust comes great responsibility - and great potential to bless, to enrich, and to edify.

Even now that I am a lawyer, I can still honestly say that some of the most rewarding experiences of my life came when I was working as a paralegal with the chance to help people through legal issues on a regular basis. But not just legal issues, friends, because legal issues are often just symptoms of something deeper, and often the reward comes with seeking out spiritual and practical solutions to the difficulties your clients are in.

So don't forget that what you say will have an impact on lives. And study your ethics rules!

When you think OUR judges are crazy... (Posted by Gabe)

2009-02-03T17:45:00.000-08:00

...just remember.

They could be as bad as Brazilian judges.

Assisting at Trial: The Litigation Paralegal’s Role (Posted by Jenny)

2009-01-25T18:19:00.000-08:00

I thought this was a very informative article and wanted to share it with you. Trials are a very stressful and crazy time and being well prepared goes far toward making everything run smoothly for your supervising attorney.

Happy reading!!

http://txpd.org/tpj/54/cite01.asp

Careful Watching (posted by Jessica)

2009-01-15T07:26:00.000-08:00

Recently I was on a temporary assignment assisting a corporate attorney with a special project. The assignment served as a mini-refresher course on the importance of confidentiality and what the responsibility requires. Confidentiality is the way of life when you are in the legal field. This post will give you a first taste of this important topic, which you will learn indepth later in the course.

Lawyers have a duty to rigorously protect client information and prevent disclosure of that information to others. As paralegals we are under the authority of our supervising lawyer and have the same responsibility to the clients. The confidentiality rule requires you to practice extra caution. If you are an outgoing person you may need to change the way you go about life. It almost requires the mindset of a secret agent.

The first step on the path of confidentiality is correctly identifying who is the client. If your supervisor is representing an individual, than the client is that one person and does not include his relatives or friends. In the project I just completed the lawyer was working for a corporation. This was an interesting situation: the client was the corporate entity, not the necessarily the employees that work there. A corporation does not have a face or voice, so the executives in their official capacity as officers of the corporation serves as human representatives of the corporation but all other employees are usually considered separate parties.

There are many aspects to protecting client confidentiality.

1. Watch your conversation
It is normal in American society to talk about your job with family and friends. However in the law profession such talk could lead to a breach of confidentiality. You must train yourself not to discuss your work except in the most general terms even with close family. I am a very talkative person, so this is something I have to work hard on; I find the best thing for me is not to talk about work at all, rather than risk saying something I should not.

Example: In this sensitive assignment, my lawyer’s office was in the corporate building surrounded by the offices of regular employees. We had to be careful not to talk about the project unless the door was closed. Rather then going around and meeting and greeting everyone, I needed to somewhat isolate myself, to avoid the awkward situation of being buttonholed by someone wanting to ask what I was doing at the corporation and what my work involved. We also ended up avoiding the cafeteria at lunchtime and just taking our lunch back to the office. This probably sounds extreme, but sometimes duty requires unusual things.

2. Watch your papers
When working with documents you must be careful not to have them in plain sight if a non-client comes by. If you must step away from your desk, remember to put the papers in a drawer or lock the door, even if you will be gone only for a short time. When carrying papers around it is best to have them in an envelope or folder to prevent someone accidentally seeing what you are working on.

Example: The room I was working in did not have it’s own printer, so I would have to print to a machine in the copy room shared by the whole section. I would click the print button and then dash like mad to arrive at the machine before the pages finished printing, so unauthorized persons didn’t see or accidentally walk off with them. Earlier on in the project the confidentially rule led to an embarrassingly funny scenario. When I first started I was told the name of the executive that we were going to be working with, but he was not in yet. I printed off documents and was sorting them on my office table, when a man wandered by and then walked in and introduced himself by first name only. While shakily smiling and stuttering a greeting, I was also trying to flip the stacks of paper face down. He smiled and moved on, probably thinking I was an idiot. Later on I was to discover to my mortification that he was the executive and knew everything about the project anyway! However better safe than sorry.

3. Watch your computer.
Technology is the blessing and the curse of the legal profession. Computers and email help accomplish projects more efficiently but they also can be a danger to confidentially. Make sure your screen is not visible to visitors, and when absent from your desk you put the computer in a password-protected screensaver or sleepmode. It is essential to have passwords, firewalls and other hacker-preventing software to protect your files. When emailing, check and double-check that you are sending to the correct person and only that person (watch out for “reply to all”). Once you click “send”, it is too late. Label your computer documents “Legal and Confidential” or “Privileged” as part of the title.

A more recent issue in the legal field has to do with high tech software. If you email documents to the other party they can discover any changes or deletions. Or if you used an old document and wrote over it with the new client’s information, they can find the prior information as well. Any of these situations could be a breach of confidentiality. Find out if your firm has software to erase back history and also PDF your docs to prevent others from making changes.

Example: My computer had a problem, so I called the IT helpline hoping they could talk me through to a solution. I was surprised when the tech wanted to remote in and work on it himself. I had to decline because I was in the middle of working on sensitive material. Thankfully the Lord helped me mess around and find away to overcome the problem. No matter how urgent or bad the computer problem is, check with your lawyer before having IT work on it, as they may gain access to things that are protected by the confidentiality rule.

One of your most important responsibilities as a paralegal is to assist your lawyer in protected the confidentiality of the attorney-client relationship and the client’s information. Even if it means being thought strange!

How to know you're in a good profession... (Posted by Gabe)

2009-01-09T07:29:00.000-08:00

Even the bosses admit you've got it better.

http://www.abajournal.com/weekly/paralegals_outrank_lawyers_on_best_jobs_list

A Paralegal’s Night Before Christmas (Posted by Jenny)

2008-12-26T18:36:00.000-08:00

I ran across this while reading my Texas Paralegal Journal. I thought you might get a chuckle or two out of it. The longer you've worked in the legal field, the funnier this is, I think. And it is amusing regardless of how wonderful your attorney might be (as opposed to the paralegal's boss in the poem).

Enjoy!

http://txpd.org/tpj/54/etal02.asp

Question

2008-12-20T13:53:00.000-08:00

One of your classmates asked: "What is the difference between 'Larceny-by-trick' and 'False Pretences'"?

Larceny by Trick – you must prove all the parts of larceny first. Then show that the taking was obtained by deceit (sort of being sneaking, they not know you are going to take w/o paying). The taker has it now, but the true owner was not planning for the taker to have it permanently, or at least not under the circumstances.

False Pretences – not have to prove larceny first, just that fraud was involved in obtaining possession. Saying, implying or acting in a way that gives untrue info to the owner so that he is willing to part with the item, giving the taker permanent possession based on belief in the untrue info.

The original owner’s intentions are a good clue.

Additional information from the Crim Law Mentor B. Hutchins:

The only thing I would add to your false pretences analysis is that the classic end result is that the thief was actually obtaining permanent possession / title to the property. If trickery/fraud is used to induce the owner to temporarily give up possession then it is larceny by trick. If the trickery/fraud is used to obtain actual title then it is false pretences. Looking at what the owner thought they were giving to the thief (temporary possession vs. permanent possession/title) is a good indicator.

I would note that I've never seen either one of these crimes in practice having prosecuted hundreds of theft crime cases. These are very rare crimes. Simple larceny and embezzlement are the big ones.

WARNING LABEL (posted by Jessica)

2008-12-08T17:00:00.000-08:00

COINCIDENCE!?!

Biblical Counseling was one of my favorite classes and at the same time one of the hardest. It was not hard academically, or intellectually, but it was very challenging personally. The class is very good because you will learn how to minister in non-legal ways to people you encounter, and identify root issues. However as the Professor stated in the opening sentence of the syllabus, it is “designed to challenge you to evaluate your personal life…”

There should be a Warning Label on the material. “Be prepared each week to encounter situations that will test what you have learned.” IT WILL HAPPEN (almost every week in varying degrees)! You may just being saying to yourself, “That was a good reminder …wonder who I might have an opportunity to share this teaching with?” SUDDENLY! God will allow something to happen that relates to the theme and you will feel like you are back at square one.

YOU ARE NOW FORWARNED! If you recognize the situation for what it is – a test – you can see it as an opportunity to grow to a higher level in your relationship with God and others. Later on you may even be able to laugh about the “coincidence.”

These types of circumstances happened to me frequently last year. They were what made the course hard. But don’t allow this news discourage you. The reward is that you will be strengthened and God will open new doors to connect with and help people, because now you have experienced the situations yourself.

Example Week: We learned, “Responsibility is working to have a clear conscience before God and others. Acts 24:16 says, ‘…maintain always a blameless conscience both before God and before men.’” I thought, “oh good, glad I’ve learned about this before. I’ve worked really hard on this, I can breathe and move on to the next thing.” God smiled and said, “Maybe you finished the elementary level, but now the time has come to move on to the high school level.”

Some days afterwards a lady and I had a big disagreement. She was upset with me about something that had happed over which I had no control. I thought she was entirely in the wrong for getting angry with me, and blaming me for the problem. So I stopped talking to her and avoided being around her.

That night God would not let me sleep. I finally said, “Ok, this is a forgiveness issue. I’ll forgive her and stop being upset about what she said.” But that was not all God was asking for, He wanted me to go deeper. God showed me this was a matter of clearing my conscience. He pointed out that in the situation I had had a prideful attitude, which contributed to the disagreement. Yes she was wrong, but my attitude had been wrong too.
Oh Joy…another test :-P

Coincidence? Hardly. Working through the situation was very challenging, probably harder than any law class test. Yet I saw God do so much through it.

When the tests come your way, remember God provides the tools through His power and grace to overcome. And the rewards last forever.

TORT ANALYSIS

2008-11-10T04:27:00.000-08:00

The plaintiff in a tort case must meet two tests. The Burden of Production requires the plaintiff to show enough evidence of a tort action to avoid a directed verdict. He must also meet the Burden of Persuasion by a preponderance of the evidence showing the liability of the defendant. This week as you take the Tort Law test, here are a few pitfalls to avoid.

A danger in tort law analysis is leaping ahead. It is very important to carefully read the scenario. Avoid letting your mind jump to deciding what type of proximate cause to pursue, before you have actually found all the elements of a tort. Refrain from adding anything to what you have read; all you have to work with is what is written down. Ask the following questions:

Is it a tort? The situation may be for the criminal courts, not civil. Remember also that torts can be actions or OMISSIONS.
What type or theory of torts? A grammatically perfect answer based on the negligence theory will not suffice if the scenario was an intentional tort.
What subcategory applies? A battery…a trespass…a nuisance…product liability…abuse of process…misrepresentation.
If a negligence tort, are all the elements there (duty, breach, causation, damages)? The defendant may have done wrong, but if no harm was sustained, then you cannot proceed. Or damages may have been sustained, but the defendant may not have had a duty in the first place.
Which type of damages can be requested? The plaintiff may be able to request more than one. (i.e. special and punitive)
What defenses might the defendant raise? If the plaintiff consented or assumed the risk, he is barred from recovering damages.

Another challenge is remembering the meaning of Latin phrases, and under what theory and element the phrase is pertinent. The theory of negligence has three Latin phrases.

“Negligence Per Se” may be used to show a breach of duty. If a harm was caused due to the violation of a state/federal statute, and the statute was designed to protect the person who was harmed, then negligence per se arises.

“Res Ipsa Loquitur” also applies to the element of breach. Use this phrase to prove the defendant is liable for the breach: the event normally only happens if someone is negligent; the plaintiff did not negligently contribute to his own injuries; the objects or situation were under the defendant’s exclusive control; or the defendant is better able to explain the events.

“Sine Qua Non” refers to the “but for” test. This concept is handy for trying to prove causation, in particular actual cause. Show Tony was the actual cause of Antonia’s head injury by explaining, “but for Tony negligently swinging his bat, Antonia would not have been hurt.”

Two other interesting phrases are:

“Respondeat Superior” means let persons higher up answer. This can be applied under nearly all of the theories. Once you have shown that the defendant has committed a tort action, and all the elements have been proved, then you can proceed to investigate if the defendant’s bosses/company can be held liable to pay the damages. If the tort was committed under the scope of the defendant’s work, the employer may be liable. This is called going after the deep pocket.

“Slander Per Se” falls under the category of defamation torts. This concept will simplify your answer greatly if it applies. If spoken defamation occurs towards a private person about a private matter involving an item on the list, then damages are presumed! The list includes: criminal behavior, loathsome disease, sexual misconduct, or unfitness to conduct business.

Best wishes on your tests. God bless.

Jessica

Elections and Law (Posted by Gabe)

2008-11-07T05:53:00.001-08:00

While it's a question that has nothing to do with your studies, per se, it could have a lot to do with your future if you're planning to work in the legal profession. How will this election affect the law? I'd love to hear your thoughts.

There are the obvious connections - the President, with the advice and consent of the Senate appoints federal judges, including the Supreme Court.

But what about the more subtle ways? First, of course, there is all the electioneering - as I write this, it appears that we could be heading toward a legal battle to determine the results of the Senate election in Minnesota, for instance.

And then there is the fact that our President-Elect is a lawyer himself. What will his legal perspective do to change the law?

And then there is the economy, and how it affects lawyers. The legal job market has been very tight for the past year or so, due in large part to the economic changes. Will that change?

How do you think that elections will affect the law?

Thoughts on Family Law (Posted by Jenny)

2008-11-03T19:18:00.000-08:00

Hi guys,

I know this post finds you buried under a mountain (or maybe more than one) of books, piles of papers, and a long list of things to do before finals start next week. However, I hope you'll take a minute in the midst of all the craziness to take a break, sip your favorite beverage, and read this post.

I have pondered the last couple of days what helpful tips I could give you about the area of family law. Complex, challenging, and very often utterly wrenching, (emotionally & spiritually) family law definitely pushes you to your limits and beyond. What could I tell you that will serve you well if you choose to work in this part of the legal field? Something simple, and I hope, something memorable.

Listen. Listen, listen, listen, and listen some more.

Listen as you sit in interviews with clients, listen as you talk to opposing counsel or (most often) opposing counsel's paralegal, listen to EVERYTHING your attorney says, listen as you sit in court for hearings (you can be an invaluable set of eyes and ears for you attorney), listen as you sit in on depositions, listen during the many phone conversations with your client, etc. and the list goes on...

For you will need every single bit of information you glean by listening. You will need it as you speak with your attorney, draft the 1,001 documents that will be needed, and prepare for the temporary orders and final orders hearings.

The more you have listened, the better prepared you will be to assist your attorney in carrying out your client's wishes. You will be able to remind your attorney of important details, piece together what is really going on after listening to your client and opposing counsel's versions of a particular event, and draft pleadings that are effective and complete.

Don't ever underestimate your importance as you sit in a corner taking notes, or in the back of a courtroom watching a hearing, or standing in the office listening to your attorney talk about the ins and outs of a case. You are an invaluable asset.

A family law attorney can't survive without an excellent right hand paralegal. Other attorneys in other areas of the legal field can make it with a lesser degree of assistance, but not family law attorneys.

One last thought: When you finish finals and are wrestling over whether you chose answer a or b and how many points you could have gotten or lost, remember this:

You should always strive for excellence during your paralegal studies. Study and learn as much as you can. But remember, when you begin to work as a paralegal GPAs will become less and less important in the practical world of the law office. So don't beat yourself up too much, all right?

Blessings on your finals!!

Congratulations, Gabe!! (Posted by Jenny)

2008-10-24T10:15:00.000-07:00

Congratulations are in order for Gabe. At the annual alumni meeting on October 11, 2008, Gabe Waddell, (paralegal & JD graduate) was elected as president of the Oak Brook College of Law Alumni Association for the 2008-2009 year.

I am very excited to have Gabe serving as president and look forward to working with him and the other board members on paralegal alumni / student affairs. As both a paralegal and JD grad, Gabe will bring a unique perspective to his role as president and this promises to be a great year for the paralegal and JD crowds.

Congratulations, Gabe!!

Communicating with Clients (Posted by Jenny)

2008-10-18T10:40:00.000-07:00

Although you are buried under lots of coursework and the “practical” legal world may seem far away, it is never too early to begin preparing yourself for what will await you if you choose to work in the legal arena after you graduate.

One of the biggest parts of your job (especially if you are the only paralegal in your firm) will be communicating with clients. Never underestimate the importance of this sometimes challenging & difficult duty.

Your attorney (even if he is like mine and very prompt at returning calls) will just not be able to speak with a client every time they call. Although we now have e-mail that comes to our phones, people often choose to call with questions / concerns as they need to hear a reassuring voice telling them matters are moving forward.

Your attorney will rely on you to pass information, calm fears, answer any concerns that you can (staying within your role of course) and pass on to him anything and everything else that he needs to know / handle.

You will have to remind yourself sometimes when calls come when your desk is full of work that HAS to get done or the client is being irritable, that you are seeing these people at some of the worst times in their lives. They are often angry / defensive because they are scared of what the future holds for them. Just as an attorney is also called a counselor, it will be your job to “counsel” clients and calm their fears.

Also, you will find that there are many questions you can answer that will save your attorney tons of time. Although you can’t give legal advice, you can explain procedures and relay information back and forth from your attorney. This may sound confusing, but it will become very clear when you work as a paralegal.

Again, I am not saying you are to give legal advice (that is your attorney’s job) but by providing a listening ear and the knowledge that you will make sure the attorney gets their messages and gets back to them when he can (as well as answering the questions you are able), you will be both an asset to your firm and a comfort to the clients who hire it.

If you had told me I would spend a great deal of time on the phone with clients, I probably wouldn’t have believed you. However, that is a big part of my current job.

I won’t lie and say it is easy. My firm specializes in criminal & family law, and things can be pretty hectic sometimes. I have had to listen to people crying uncontrollably or yelling at me. Sometimes I come home utterly exhausted and don’t even want to talk to my family. But you know what makes it worth it? To know that I have done my best for my attorney, and most importantly, the Lord.

It may be rare for a client to thank you, but you will find over time as their case progresses, they give you something more precious than a simple thank you: their trust.

Most people don’t think of the law as a customer service business. But it is and don’t ever forget it. From the first time they call and set up an appointment to the time you close their file, it is your job to do everything you can to make things as easy as possible for them.

There is so much I could say here and so many examples I could give, but I’ll leave you with this one:

When I came to the firm where I work a year ago, there were many unhappy clients because of a prior assistant. One lady in particular was difficult. I couldn’t seem to do anything to make her happy. As the months passed, however, her attitude changed. I didn’t notice at first with everything else going on, but one day she had to come in for an appointment. As soon as she walked in the door, she asked if I was Jenny. When I said yes, she told me how happy she was to finally meet me. I was totally floored. I suddenly realized we had turned the corner and that she now trusted me in a way she definitely had not before. And that made my day.

So remember when you hang up the phone someday and want to throw it across the room, your job is to support your attorney and serve your client the best you can. Even if they never say thank you, you will have the comfort of knowing you served them well. And that is why we are there, to serve our clients. And most importantly, the Lord.

Colossians 3:23-24 (New International Version)
“23Whatever you do, work at it with all your heart, as working for the Lord, not for men, 24since you know that you will receive an inheritance from the Lord as a reward. It is the Lord Christ you are serving.”

Trial & Error (Posted by Jessica)

2008-10-13T14:41:00.000-07:00

Last year I was so blessed by the mentor program and all the mentors that provided encouragement and answers as I went through the Paralegal course. It is very special to be involved now as a mentor myself. I look forward to connecting with you throughout the year.

In this posting are some study tips that I acquired through trial and error last year.

1. At the end of each week take 10 minutes to familiarize yourself with the coming week’s assignments. Any extra time should be utilized to get ahead.
2. Each week start with the most challenging or time-consuming class first.
3. Read the syllabus, listen to the lecture, read the text, then do the assignment, in that order whenever possible.
4. Read for one hour then stand and stretch before reading some more. Never do one subject for more then 2 hours at a time…change subjects
5. Take THOROUGH notes, and type them up afterwards; an outline form was great for reviewing before tests.
6. MEMORIZE DEFINITIONS
7. Read the scenarios and additional cases, and seek to recognize the elements of definitions and application.
8. Use an MS Word doc or an Excel spreadsheet to record your hours. Input the times as you go through the day, but definitely before going to bed. :)
9. Memorize and meditate on a Bible verse per week.
10. Write down all the OBCL deadlines (proctor forms, etc) on every calendar you use!
11. Email your fellow classmates: encourage each other, find out if your question has already been answered, find info, and prepare together for tests.

12. Buy the CLA exam manual NOW. Read a little bit at a time through the year.
13. When preparing for tests, re-read your notes, and go through them marking important things with a highlighter. Then have someone quiz you on definitions and the highlighted sections. Also think through possible scenarios to which concepts may be applied.

14. PROOF-READ, PROOF-READ, AND PROOF-READ AGAIN. Always try to have another pair of eyes look over a paper before you send it in. Your own brain will put in what you meant to say versus what is actually there. :)
15. During Break Weeks:
Do NOT study AT ALL the first day.
Read the CLA exam manual sections that pertain to the classes you just finished.
Read the OBCL syllabus for the coming week and start working on the assignments to get ahead. This will create a valuable buffer zone of extra time to work on challenging writing assignments or if you need to take time off later in the quarter.

God bless you as you press on in your studies. Contact me if there is any way I can be of assistance, or if you ever need a prayer partner.

Organizing Study Time. (Posted by Gabe)

2008-09-22T18:09:00.000-07:00

As you kick things off, you're going to find that there's a natural progression for each subject. You'll start out panicking because nothing makes sense, and then as you keep working you'll see all the pieces fall together into a unified whole. I would bet at this stage of the game you've felt the panic - but never fear; keep at it and you will experience the "falling together" part.

But what you will also discover is that not all subjects are created equal - and even within subjects, not all lessons are created equal. Some subjects, and some lessons, will be easy and understandable for you, while others might require some digging, extra memorization, and research. I'm sure that you've already seen that, too.

It is on that basis, though, that I recommend my plan of attack for each lesson. While there are any number of ways to approach each week - and you need to find the approach that works best for you and your schedule - the truth is that you can't adequately approach each lesson until you have an idea what that lesson entails. Starting with a goal of, say, getting through each subject in a day is an excellent idea, but some subjects and lessons are going to require extra time, and others less time, so flexibility is key.

I'd recommend that you make your first task in each week going over each subject for that week, so that you can have an idea how to allocate your time for the week. Then take the subject that looks the most challenging, and move on from there. And don't forget, after a few lessons you'll want to save some time at the end of each week to review!

If you take that time at the beginning of each lesson, you'll find it easier to avoid falling behind, because you'll have an idea what's coming up next, and be able to budget your time. You'll be more flexible, and be comfortable giving the tough issues more time because you can sail right through the easy stuff.

Those are my ideas, but you are welome to provide your own! What has worked for you so far?

Welcome, Class P08B! (Posted by Gabe)

2008-09-20T18:59:00.000-07:00

Hey guys--

I'm so glad that each one of you has decided to participate in OBCL's paralegal program. You're in for a challenging year, but one that has the potential to give you valuable knowledge and life-long career possibilities.

This blog is designed to give you information to make this next year easier, but more than that, it is the opportunity for you to interact with your fellow classmates. So comment often, and if you would like to write a full blown post, please do so, and e-mail that to me!

And check back often as you progress through the coursework!

God bless.

Gabe

When the Dust Settles (by Gabe)

2008-07-18T08:57:00.001-07:00

Now that the dust has settled around the landmark gun case District of Columbia v. Heller, the District is in the process of implementing the court's ruling. If you weren't following this case, you can read the synopsis here.

[NB - Wikipedia is a horrible source to cite for legal information; if you have "mandatory authority" and "persuasive authority," Wikipedia probably falls under "no authority at all." But I did find this particular article to be a good summation.]

Yesterday, the emergency legislation passed by DC in order to comply with the Court's ruling was put into place, and the office opened for legal registration of handguns. Only one application was received on the first day - that of Dick Heller, the plaintiff in the case. And his application was rejected!

Read the full WaPo story here.

Now, I'm not going to argue that this denial was an error, necessarily - the District officials had their reasons (and Heller's attorney had his reason not to comply!). But what I'm interested in, in all this, is the gap between theory and practice. SCOTUS laid down the theory, and now we're into real life - read that WaPo story for a fascinating real-life legal conundrum where the rubber meets the road.

A Gate Once Opened…Swings Wide (by Jessica Mulder)

2008-07-02T17:27:00.000-07:00

Ed. Note - This is the first article submitted by student ranks, which excites me greatly; I think this is a great opportunity for you. Keep 'em coming!

-Gabe

********

Back in 2005, many were startled by a Supreme Court case, which originated in my home state of Connecticut. Kelo v. City of New London, 545 U.S. 469 (2005), gave unprecedented new power to the doctrine of Eminent Domain. Prior to that case, Eminent Domain allowed towns and states to take private property only for the purpose of “public use," and the town had to provide a hearing process and compensation for the owners. Kelo went to court because the city had authorized a separate organization (in the city’s name) to buy or take all property in a given area to develop a new office/retail center (definitely not public use – like a highway or park). When the homeowners refused to sell, their property was condemned.

The Supreme Court ruled against the homeowners, saying that under the 5^th Amendment governments had broad taking powers. Due to Kelo, if a city wants a piece of property for any reason, it can be taken with almost no remedy to the owner beyond what the city decides to give as compensation (often well below market value). When this case was decided, I realized it was opening the way for bad things to happen.

Today I discovered a shocking aftermath of this case. In Texas a Christian ministry protested the city’s plan to allow sodomite parades. Now the ministry has been told to vacate the property it bought debt-free years ago. The town has decided to build a fire house on the spot. There is no recourse for this ministry, and what the town is offering as compensation is very small. A dangerous interpretation by the Supreme Court bears fruit in just 3 years.

Please pray for this ministry.

Some Blog Changes. (Posted by Gabe)

2008-06-30T18:55:00.000-07:00

Hopefully each of you students received an e-mail from Jenny explaining a couple of changes about the blog. And I hope you are excited about the possibilities!

Heretofore, the blog has been written by the mentors, and open for content by students. But the goal of the blog is to provide you, the students, with a way of interacting with each other. So we'd like to open up the main page, and let YOU write articles to spark discussions. It'll give you a chance to hone your legal analysis and communication, and a chance to get to know each other better.

So write away! If you want to contribute, send your contributions to me at voxlucens@gmail.com. You can write long articles, or short articles, or even just send me stories you thought were applicable to your studies, with a paragraph of commentary.

Looking forward to hearing from you.

Constitutional Food. (Posted by Gabe)

2008-06-24T09:00:00.001-07:00

As you are studying Constitutional Law, I found the following Slate article to be entirely appropos. I'm afraid it reminds me, in the Constitutional Law sense, of the old saying about "laws and sausages."

Can Prison Food be Unconstitutionally Bad?

Constitutional Law Teaser. (Posted by Gabe)

2008-05-28T07:47:00.000-07:00

I had every intention of writing a full-blown Constitutional Law overview before now, but then life happened. I'm preparing to head out of the country for a week on a last-minute trip to the Pacific, so I thought I'd at least do a ConLaw teaser before I left.

There is one concept as you study ConLaw that is absolutely essential, and perhaps surprisingly, it isn't even found in the constitutional text! Over the years, as the Supreme Court has evaluated the myriad of issues that come up in the constitutional context, the justices have formulated three tests – strict scrutiny, intermediate scrutiny, and rational basis. These tests, and their variations, form the lifeblood of constitutional analysis.

Your job in ConLaw is to know those tests cold, and know what governmental actions trigger each one. If you can do that, you are well on your way to understanding ConLaw.

But that brings up an interesting question. These tests are highly useful tools, but they are nowhere in the constitutional text. Do you think these three tests are a valid tool of constitutional interpretation?

Resurrection (Posted by Gabe)

2008-05-09T09:07:00.000-07:00

I have had every intention of posting over here for months, and life has taken over (if you're interested, you can see work here and life here). But as you get ready to start your Fourth Quarter, we would like to resurrect this resource and begin posting much more frequently.

You have some great classes this semester. I'm psyched to be your mentor for Constitutional Law, my all-time favorite subject, and the other courses are going to be highly practical for you as you not only prepare for the CLA exam, but also for being a practicing paralegal.

But in order for this blog to be a success, we need help from you. While I'm certain that each of us mentors can come up with things to write about, the best subject matter that we can right about is that which is in response to your needs! So here's what you can do--

E-mail questions! Don't be shy about asking away. Our answers can form the basis of blog posts that can be a blessing to the whole class.

Send me your URL! I would love this blog to be more than just a list of articles; it can be a way to link paralegal students and grads together. If you have a blog or website, let me know and I will put it in the blogroll.
Leave comments and feedback! In fact, if you found a helpful idea or tip that you'd like to share with your classmates, write it up and e-mail it to me—we can post it here for everyone's edification.

Thanks to the Internet, even a distance learning program offers the chance for you to interact with your classmates. Use this blog as your chance to do just that!

Stay tuned for more to come.

A Diversion... (Posted by Gabe)

2008-01-07T10:50:00.000-08:00

Every once in a while, in the midst of what can be tedious legal studies, a story comes out that makes it fun...

Hot Wings and a Waiver to Go

Merry Christmas! (Posted by Gabe)

2007-12-21T21:05:00.000-08:00

Hi Friends--

I just wanted to wish you all the merriest of Christmases this year! I hope that you are able to take a break from the books and celebrate the joy of the season.

While I'll personally be on the road for the next couple of weeks, I would be more than happy to take any questions that you might have about criminal law and procedure. Fire away!

Gabe

Thoughts on Launching a Paralegal Career (Posted by Jenny)

2007-12-16T14:30:00.000-08:00

Someone recently asked:

Do you have any advice for those of us who graduated over 10 years ago from paralegal school and have not worked as a paralegal professionally. I realize this is going to be difficult but still want to do my very best. Raising children and then returning to college to get my BA in 2005 is part of the reasons why all this time has passed. Any words of wisdom?

First of all, I would say I am impressed with your commitment and willingness to step out and consider switching careers – a daunting task for anyone at any stage in life! If being a paralegal is what you want to do, then I say go for it! You will have hard work ahead of you (and no doubt those who try and discourage you) but I believe we have been given the gift of life by God and with that the ability to work toward our dreams. Many impossible seeming things become possible with hard work, prayer, and faithfulness.

Some thoughts:

Take CLA exam or Law Course(s)

Since it has been a while since law school I would suggest either taking the CLA exam or doing some law related courses to “brush up” on your knowledge, or both of the above. I suggest this for 2 reasons: 1. although given different levels of recognition depending on what area of the U.S.A you are in, a recent CLA certification will not hurt you by any means – it will show you are up to date on test requirements. 2. Taking a couple of law related courses will refresh your memory and bring you up to date on law changes

Most importantly, you want something to get you in the door for an interview, and this will help (volunteer work helps too! – see below).

Experience, experience experience!!

You will no doubt hear the words “practical experience” many times. Like any job, the most important thing is what you can do or how quick you can learn. There ARE attorneys & paralegals who will teach you how to practice law practically. If you find one of these great people follow them around and soak up everything!!

I don’t know the feasibility of this in regards to your financial situation, but obviously, starting a new career means starting at the bottom in payment terms. I would suggest looking for a volunteer position first (if you can) in a District Attorney office or law firm. I volunteered part time in my local D.A. office for 6 months, and it was time well spent. It also opened doors interview - wise. Experience is experience, whether volunteer or paid.

The ideal situation (if it presents itself and you can afford it) is a part time or full time entry level position with a firm. No matter how clerical the work is, you will learn a great deal by being there. And then be able to take on more responsibility in that firm or use what you’ve learned in the next one you work in.

Interview the Interviewers!

When you interview at firms, scrutinize away! What are the attitudes of the staff that you see? Do they seem stressed / unhappy / enjoying their jobs? What is the attorney that is interviewing you like? How does he appear – kind, stern, laid back, etc.? I am not saying you should be very picky and hard to please about your work environment. There are no perfect work environments, and unless one is just terrible / intolerable, I am not one to condone leaving or job hopping.

What I am saying is: you can tell a great deal about people at a first meeting (by verbal and nonverbal clues) if it looks like something is “fishy” & not above board, or things seem weird (I am speaking of a woman’s intuition here since I am a woman) they probably are.

Just be discerning and don’t feel like you HAVE to take the first offer you get if things don’t seem right. I interviewed at several firms that literally gave me the creeps. And when I walked in the door of the firm I am working for now, I felt like I had come home. Everything that the attorney said confirmed that initial good impression. Things have not been perfect, but I have never regretted coming to work for my 2 attorneys!

OK, a lot of the above sounds a bit like touchy feely stuff, which is NOT how I meant it to sound. Ideally, you will work for a firm where you enjoy (most if not all) your supervising attorneys and fellow staff. But if you find yourself working at a firm with difficult people, hang in there. All experience is valuable.

I hope the above has been helpful. Feel free to contact me by e-mail, fairlady@truevine.net, if you would like to do so. I wish you the best in your pursuit of a paralegal career! Please let me know if there is anything else I can do to help.

Fellow mentors: please weigh in with any comments / advice.

Intro to Criminal Law and Procedure. (Posted by Gabe)

2007-12-11T11:53:00.000-08:00

Hi Friends--

I apologize for the long delay here! But I am now back in the country and immersing myself completely in studies for the California Bar, which I'll be taking in February.

But all that aside, let's take a look at some basics ideas to help you study these subjects. (And yes, I do mean the plural; though you study Criminal Law along with Criminal Procedure in this course, they really are very different, so it may help you to think of them as two separate courses.)

Criminal Law - All About the Elements

The key to criminal law is to think elements. Every crime consists of these sub-parts that must be proven by the prosecutor before the jury will return a guilty verdict. They're really building blocks--and without any one of them, the whole crime will fall.

So know your elements. If you know them cold, you have a roadmap through each crime and a checklist of all the issues that you can be tested on in that crime. So memorize the definitions; they have all of the elements.

Criminal Law - Pitfalls to Avoid

Mens Rea

There are also a couple potential pitfalls that I want to warn you about. The first is mens rea. You already know that different crimes have different required mental states, but be sure you know the exact mental state required for each crime.

Sometimes that is easy. For instance, you know that burglary is a specific intent crime, and what that means is easy. You have to have a specific intent to commit a felony in the structure you broke into. Now, if you argue that a "general intent to break and enter" is enough for burglary, you will hurt your grades badly, but with a little study you should certainly not have that problem!

But sometimes it is a little more tough, because sometimes the same mens rea can mean different things. Take "malice." Malice is the mens rea for murder, mayhem, and arson, along with a couple of others, and it means something different for each of these. The Felony Murder Rule, for example, can give you malice for murder, but there is no such thing as the "felony arson rule." So every time you see a malice crime, make sure you know exactly what malice means.

Defenses

Don't get yourself in the rut of just thinking like a prosecutor when you see a criminal law fact pattern! That can be easy, as you study the elements of each crime, but remember, there's another side. So don't forget to think about defenses every time you look at a criminal law hypo.

Criminal Procedure - Going to the Source

Criminal procedure is really little more than an extension of Constitutional Law, focusing on the specific procedural rights given to accused persons in the Bill of Rights. There are lots of them, and many of them are familiar to even the non-legally trained in this nation. We've all heard of the prohibition on cruel and unusual punishment, for instance, and we all know the "You have the right to remain silent..." spiel used by both real and actor police officers every day.

But do not let that familiarity fool you! The layman's knowledge of criminal procedure is often inaccurate and always incomplete. Unless you go to the source, and know how the Supreme Court has treated that source in real-life situations, you will not have the knowledge that you need.

It is on that basis that I would advise you to memorize the 4th, 5th, 6th, and 8th amendments to the Constitution. That's the source, and the better you know that source the better you can apply it to fact patterns.

Sometimes, though, the source can get confused. For instance, while we've all heard the Miranda warnings: "You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to be speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense." But do you know where they come from? If you read the Constitution, you can't find that list anywhere. The Court used a (the 5th Amendment privilege against self-incrimination, the 6th Amendment right to a lawyer) to come to this conclusion. And while Miranda has been criticized heavily, it is still good law!

One other source question is in the right to counsel. It only appears once in the Constitution, in the 6th Amendment. BUT BE CAREFUL. The Supreme Court has also recognized a 5th Amendment (substantive due process) right to counsel--and it is different in many ways than the 6th Amendment right to counsel! So be sure you study that one carefully.

Criminal Procedure - Breaking it Down

The nice thing about CrimPro is that it can only come up in very limited circumstances, and those circumstances have factual "triggers" that you should use to alert you to the particular right that is being tested.

If you see homes or automobiles, for instance, look for 4th Amendment issues.

If you see arrests, interrogations, and confessions, think 5th Amendment and Miranda (and don't forget both types of the right to counsel).

If you see trials, pleas, or post-conviction actions, make sure you think about the 6th and 8th Amendments.

A Conclusion

Be sure to study carefully, and your questions are most welcome. Feel free to e-mail me!

Welcome to the 2nd Quarter! (Posted by Jenny)

2007-11-17T09:34:00.000-08:00

Hello everyone! I hope you had a great break and spent it doing lots of fun things unrelated to law school!:) I also hope you are ready to hit the books again for the 2nd quarter.:)

Just wanted to drop you a quick note and let you know who the mentors will be for the 2nd quarter courses:

Gabe Waddell - Criminal Law & Procedure
Steven Sanderson - Real Estate Transactions
Alex Mansfield - Legal Philosophy & Reasoning
Jenny Harris - Basic Principles of Counseling

Have a wonderful Thanksgiving and we look forward to hearing from you!

Contract Drafting Assignment (Posted by Gabe)

2007-10-23T10:37:00.000-07:00

Hello Friends!

I hope that your studies are coming along well. I apologize that I have not updated this blog lately; having just finished up my JD studies, I'm hoping to change that. Please feel free to e-mail any questions that you may have!

In the meantime, a classmate asked the following question about the contracts drafting assignment:

My question involves the drafting assignment for this week's lesson. The assignment itself I understand, however, there are not enough details given to create a whole contract. So my question is, am I supposed to make up the necessary details that have not been given (such as addresses, state in which the transaction takes place, specific details about the vehicle in question - such as year, miles,etc. for description of consideration, whether or not there are any warranties involved, etc.)? Or do I just write a contract that leaves all those details out?

Great question, and the most "correct" answer is that either way should work just fine. The Professor knows that you don't have those details, and isn't expecting you to "know" them, so if you draft the contract with those details left out you should be fine.

I would recommend, though, that you take the time to make the contract look the best it can, which may involve pretending to have certain facts. I'd recommend that you go ahead and add "facts" that would add to the reality of the assignment without changing the facts. If you add your state of residence as the place where the transaction occurs, and put in fictitious addresses, I think that would add to the reality of the assignment.

But don't add facts that would change the terms of the contract itself. For instance, adding warranties that aren't in your facts could change the terms of the contract--don't do that.

As a final blog note, send me your website URL if you would like to be listed in the OBCL paralegal blogroll on the right.

More to come soon. Fire your questions away if we can help with finals prep!

Mentor Course Assignment Corrections (Posted by Jenny)

2007-10-07T14:54:00.000-07:00

Hello everyone!

Well, the mentors became aware recently that the courses in the 1st quarter have been changed somewhat. If Prof. G. and the college was testing us to see if we were on our toes, I think we flunked.:) This should be a lesson to all of you to never assume that just because something has been a certain way for several years, doesn't mean it can't change suddenly!:) Here is a corrected breakdown for this quarter:
Gabe - contracts
Steven - torts
Jenny - family law
Alex - common law jurisprudence

That said, I hope your 7th week of coursework is off to a great start and I am looking forward to working with you during the last weeks of this quarter and throughout the rest of the year. I hope you will not hesitate to contact me at any time. My phone line and e-mail are always available to you. I am NOT here just to answer questions about the particular course I am assigned to help with - you are welcome to use me for general encouragement, to pray for you, - in short, support you in whatever way I can during your time in Oak Brook.

To tell you a little about me, I live in the great state of Texas in the Dallas / Fort Worth area. I work for a law firm that specializes in civil and criminal law. I currently work primarily for the criminal defense attorney and it is, needless to say, never boring.:) No matter whether a person is guilty or not, the law of our land guarantees them a fair trial / their day in court. If you were accused of doing something, you would want someone like my supervising attorney, Mr. Brent Bowen, to be there to represent you. He is a wonderful attorney & a great man. May his tribe increase!

I also currently serve on the Alumni Association Board as Paralegal Representative. You will begin receiving the e-mails I send out to the paralegals (even though you aren't alumni yet) so you can stay informed on what is happening, give me your feedback, and take advantage of as much as you can while you are still a student. I'll explain more about all that later.

I am planning on giving each of you a call sometime in the next couple of weeks (before finals prep hits and you don't answer the phone:) to say hello & introduce myself, answer questions, explain my job as paralegal rep and how that relates to you, etc. I look forward to speaking with each of you for a few minutes. If I miss you for some reason, please call me back!

Happy studying & talk to you soon!

Welcome, P07B! (Posted by Gabe)

2007-09-20T09:41:00.000-07:00

Welcome to the OBCL Paralegal Program! Whether you are here because you want to practice as a paralegal, want to use this as a stepping stone to something else, or just want to increase your legal knowledge, I hope that you are excited about what the next year will hold.

This blog and the people behind it are here to help you be as successful as possible through this course. All four of us have graduated the paralegal program and applied its knowledge in our own respective careers. Even though we have all used the paralegal program as a foundation, our different paths reflect the amazing possibilities that this course can open up for you--in law and elsewhere.

This blog also has the goal of connecting paralegal students and graduates into a comprehensive network that we can use to assist each other. If you have a website, please e-mail me and I will add you to the blogroll in the sidebar.

I would encourage you to ask questions of the mentors, and leave comments here on the blog, as you plow ahead through the paralegal program. We will reply to you, and post answers to those questions here for the benefit of all the students. Don't worry; we won't put your names up here without your permission or anything like that, so ask away!

You will get to know all of us throughout the year, and I will let each mentor introduce themselves as they see fit. To let you know a little bit about me, I graduated with the P01B class (way back in the dark ages!) and am about a month from being finished with my OBCL Juris Doctor studies. I'm in my third year of serving as the Criminal Law Teaching Assistant for the OBCL JD program. I do a some legal work here in Charleston, SC, but primarily I am in the non-profit world, where I direct Remember, a ministry to the widows and orphans of martyrs worldwide. If you would like to know more about me, feel free to visit my personal blog.

Here is the mentor breakdown for the first quarter:

Jenny - Legal Philosophy and Reasoning
Alex - Basic Principles of Counseling
Steven - Torts
Gabe - Contracts

You should have contact information for us in your letter from Professor Gundlach. If you don't, leave a comment and I will make sure you know how to get your questions to the right mentor.

Looking forward to working with you!

Apology (posted by Steven)

2007-08-23T12:37:00.000-07:00

Alrighty everyone. I need to apologize for not posting anything further. I was confused as to the schedule as they have revised the program since I took it. It was my error in not confirming the schedule with the calendar Jenny sent me. I've been extremely busy with my new job, friends, relationships, studying, and everything just blew me away. I apologize.

I trust that you all did well on the exams. Good luck on your future plans, be they academic or career. I know that the skills and mental processes you have learned this past year will serve you well for whatever you do.

If anyone has any questions or wishes to discuss anything, please do not hesitate to contact me. I stand available.

Sincerely,
Steven Sanderson

The Limits of Training. (Posted by Gabe)

2007-08-03T14:47:00.000-07:00

Today I got a dose of the limits of training, when it comes to applying that training in real life. I posted about it over on my blog, and you can read it here.

There's certainly something to be said for practical experience--if any of you have the chance to get that experience while you are in the midst of this program, I would certainly encourage you to do so.

Thoughts from Diplomacy. (Posted by Gabe)

2007-07-28T10:51:00.000-07:00

Friends, I'm feeling your pain. As you are getting your feet wet in the world of legal writing, I am slogging (with already wet feet) towards accomplishing the biggest legal writing project I've ever tried. My Senior Seminar Paper, in its final state, will be between 30 and 50 pages. Right now it is at a couple pages of notes, a bunch of research, and a mind full of jumbled thoughts--thus the pain.

In my research for my particular topic, though, I read a book called "Arts of Power," discussing diplomacy in general. In the section on the skills of the diplomat, I could not help but see the parallel between diplomatic skills and the skills of legal writing. I thought I'd share those similarities with you.

"Ambassadors represent their chief of state and are empowered to speak authoritatively for their chief of government."

For your lawyer, this is important. For you, as a paralegal, it is especially important. Lawyers don't speak for themselves when they engage in legal writing--they must speak for the client. The lawyer is empowered to represent the client, and to speak authoritatively for that client, so the lawyer had better know what the client wants.

The paralegal must also speak for the client to be effective. What is even more important, though, is that the paralegal's writing must speak for the lawyer, too! The effective paralegal must have a solid grasp on the client's goals, and the lawyer's means to that goal.

The lawyer is the agent of the client, and the paralegal is the agent of the lawyer. As "Arts of Power" says, "The role of the agent requires the subordination of personal interests to those of the principal being represented."

"An agent must wield language with uncommon exactitude."

Even the slightest misstatement can wreak amazing havoc. Even worse, if you are unclear and give the wrong impression, the same thing can happen. Legal writing has to be both clear and accurate.

Even though the lawyer will actually sign the papers, these are often the job of the paralegal. If you draft the paper, you must do so with a full knowledge of the facts and the legal arguments that you are making. If you edit the paper, you must do so word by word, sentence by sentence, to verify that it is saying what you are trying to say. If you don't, you run the risk of major headaches later on.

"Diplomatic dialogue consists of exchanges of assessments, estimates, apprehension, preferences, options, intentions, commitments, reassurances, and verifications."

When I read these steps, I could not believe just how much they mirrored the legal process. From start to finish--from the initial asset check to determine whether a case is worth it, to the settlement negotiations or trial. The lawyer relies on the information from the paralegal to assess the case's value, estimate values, apprehend the opponents arguments, find the client's preferences, evaluate legal options, create plans and intentions, commit to a course of action, reassure the client and the opposing parties, and finally verify how everything will conclude.

The list could go on, but these nine steps are also vital in legal writing. Even as you begin your assignments, go through these steps consciously, from start to finish, and you will be well on your way.

America's Pastime, 1040 Style. (Posted by Gabe)

2007-07-25T14:23:00.000-07:00

Every once in a while, friends, it can be quite a trip to step back and view old favorites through a novel lens. Take baseball, for instance. When was the last time that you thought about baseball in terms of income tax ramifications?

Ah yes, it is the stuff of final exams. And it's got the folks over at the WSJ Law Blog wondering how it will all turn out.

Tax Law Final Exam Question: Barry Bonds's Ball

Based on your studies this semester, what are your thoughts?

Ethics- Lessons 1-5 (Posted by Steven)

2007-07-23T01:12:00.000-07:00

Alrighty. I shall attempt to break down ethics in this blog for you. Unfortunately, I did not have the foresight to obtain my textbooks out of storage this weekend (they are out of town) so I am working off the syllabus. I had forgotten exactly how little information was contained in it. However, with this course, hopefully you all should have the smarts to figure it out. It is pretty much common sense; however, the number one rule of life is "People Are Stupid." Unfortunate, yes, but due to this fact, the government was compelled to create a list of do's and do-not's to regulate attorneys and paralegals just to make your life difficult. Now, in lesson one, you learned that the government does not directly regulate paralegals. BUT, your supervising attorney (or general supervisor if you do not work in the legal industry) can and will be held responsible for your breach of conduct. This is an excellent incentive for you to do the correct and moral thing in your line of work. Most of the work in this course is contained in the textbook, under the Model RULES. These Rules are fairly straight-forward, so I suggest that you go through it and create an outline in a notebook with the main points. You all are pretty smart from what I hear, so hopefully you can take one phrase from the main points and soliloquize about them at length. I cannot stress how much this will bring together the rest of the course.

Now, about 75% of ethics can be summed up in one phrase: "Keep your stupid mouth shut." Yes, you are given permission to substitute any appropriate French adjective in place of "stupid." In any scenario, if you see someone blabbing off at the mouth, it should automatically scream "ETHICS BREACH!!!" in your mind. Plus, it helps that you will have a separate exam for this course, so you will know that you are looking for one. Do NOT discuss your cases outside the office; do NOT "share information" with a third-party regarding any case; do NOT speak with someone regarding a case, even a co-professional, without your supervisor's permission. Just keep...your...mouth...shut. If you do that, you have nothing to worry about.

In a breach of ethics, corrective action is determined, not by any paralegal oversight committe, and not by legislature, but by the state court system. Attorney's are not actually REGULATED by the ABA, but rather by the State Supreme Court. This is a common misconception in the secular world. The ABA merely provides guidelines, but actual sanctions and decisions stem from the Supreme Beings in the appropriate state. Therefore, any question about specific state-rules in an ethics situation will be found in the state Supreme Court's publications. This tid-bit of trivia knowledge will more than likely be tested on both the exam and the CLA.

As I do not have access to the textbook, I am unable to give guidelines on specific sanctions that may be placed on attorneys, but know that they are varied in both attitude and severeness. These are explained in detail in the text. I also suggest that you jot down an outline here titled "Sanctions for Breach of Conduct" and just make a list. It will be good to know them, and they will probably be tested as well.

Moving on to Unauthorized Practice of Law, commonly known as UPL. This is an interesting topic. What, exactly, constitutes the practice of law? Well, who knows? Attorneys have been around for several centuries, and they are still working that one out. But we DO know a few things. First, never, ever, EVER give a client ANY legal advice. This will unequivocally count. As a paralegal, you may be put in a unique position interacting with clients. As they get comfortable with you, they will tend to turn to you with their questions. You may answer questions about procedure- the next step the attorney is going to take, which forms are being filed, and all that stuff. But do NOT tell a client what to DO if it pertains to the legal system or to statute. You MAY suggest that they see a medical counselor, you MAY offer encouragement (however, do NOT state that they ARE going to win a case), and general hopes and suggestions along those lines. Do NOT tell them what to do with assets relating to a case, do NOT offer interpretations about the law, unless directed to do so by your supervising attorney. And if directed to do so, make absotively, posilutely sure that you remain within the strict guidelines given for that exact, particular situation by the attorney and do not stray from them.

The other areas that are well-defined about UPL are fairly clear: do not sign documents with your name, do not take depositions (your attorney will handle this and know (s)he has to anyway), and do not represent a client in court. Now, for those of you with friends representing themselves in a proceeding pro-se, they may turn to you for assistance because of your specific knowledge of the legal mysteries. This is a dangerous area to wade through. If you decide to assist them QUIETLY, you are taking too much risk, in my not-so-humble opinion. Because, if you slip, they can always blame it on you and get you for UPL. Do not let friendships stand in the way of your own professional safety.

Some states have a special certification as a Certified Legal Document Preparer. You might want to look into this. It allows for a certain amount quasi-legal work. Basically, someone comes to you and says they want to change their name or file for divorce or something. What you do is hand them the appropriate documents to fill out. Then they bring the completed docs back to you, and you file them with the court and publish any appropriate public announcement. It might be a viable supplement to look into. However, always remain on the alert to what you say. Again, NEVER GIVE ADVICE. (also, and duh, do not ever represent yourself as an attorney. Rather, always make it explicit that you are NOT one.)

Confidentiality: when you are interviewing a client, it is always wise to clearly state to them that any information they share with you will be kept secret between you and the office. This will break down at least a few barriers for the client and allow them to be more honest with you. Do not trust their Hollywood/Law & Order knowledge which they will bring with them. Make things clear from the beginning that what they say is confidential and will not be shared outside the office. Even if they admit that they did in fact murder someone, you still cannot broadcast that information. None at all, no matter how serious. This is known as the Attorney-Client privilege. Note it in your outline. Also, there is a Work Product privilege. This allows for all the attorney's documents to be protected against opposing counsel. Again, the rule holds: Keep Your Mouth Shut. When the client knows that you willnot AND cannot share the information they tender to you, you are ensured against obtaining inaccurate information. BUT, always hold to another premise: Whatever you are told is a lie. Always look for contradictions in clients' statements, and always attempt to verify facts independently. This will ensure that the attorney is fully informed as the facts so he doesn't look like an idiot later on. Pay attention to the chart given on page 6 of the syllabus.

People are stupid, and whatever you are told is a lie. These are the two most powerful weapons you can have in your arsenal when approaching any new situation. And your backup safety is the general consideration of Confidentiality. Keep this moral standard in your mind 24/7. Now, those of you that drink have to pay special attention to this rule. I have seen it personally more than once- a paralegal gets drunk, loses his inhibitions and doesn't know what he is doing/saying, and inadvertantly starts talking about the case weighing on his mind most at the time. You have a very special position as a paralegal with access to very special information; and this information should be very closely guarded. Decide for yourself if you can handle this risk.

On to a more practical area: Conflicts of Interest. This is a difficult one to discuss. Basically, any situation that will tear an attorney between two clients is a conflict. For instance, he cannot represent two opposing parties in the same proceeding; he cannot use knowledge obtained confidentially from his representation of a client against that client in the future; an attorney cannot be bribed (duh); cannot front funds for the client (except when working on contingency); etc. Again, without the aid of the text, this is a difficult topic to discuss. However, the text does cover this very succinctly. Take your notebook and create an outline of the nine specific conflicts brought up in the text and syllabus, and this time make a summary about them.

Solicitation and Advertising: two fairly separate and clear methods. In advertising, the attorney is allowed to put up posters, billboards, phone ads, ect. as long as he makes no specific representations to his clients. This is why all the advertising you see fluffs up the prior experience of the attorney- to give the public knowledge of who and what he is. However, he is refrained from saying things like "I win all divorce cases" and stupid things like that, and from making false statements (duh). Advertisements just must be extremely general.

Solicitations, on the other hand, are much more highly regulated. A solicitation occurs when the attorney or his agent initiate personal contact with a potential client, unilaterally. This is pretty much never allowed, it's really a form of victimization. The client must come to you, unless the person being solicited is family or a former client. These special relationships allow for direct approach of the attorney to the client. The rules governing solicitation, however, only apply to cases where the attorney will make money. If the attorney wants a case pro-bono because he has to get his hours in, he is allowed to go out and make that direct contact.

It's 2:30 am over here, so I am going to cut this off with lesson 5. Hopefully, this will allow at least a little clarification about the material. It is mostly common sense all conditioned and explained. I have attempted to give an overview, and supplement the syllabus, as opposed to breaking each lesson's individual components down. Please e-mail me your input as to this, any feedback will be appreciated as I have never done this before.

Steven

Quick Introduction (Posted by Steven)

2007-07-19T01:54:00.000-07:00

Hello everyone! I thought that before I begin blogging (which I have never utilized this program before, so this will be a learning experience for me, so please be patient) that I would just post a short introduction about myself and background; just so you can rest assured that I'm not some wacko-nut that blows out any random orifice.

First off, I am a graduate of Oak Brook's paralegal program myself. I was actually in the same class as both Jenny and Alex. That was a privilege, let me tell you. We really learned a lot from each other and it would have been much more difficult to complete it without them.

After the paralegal program, I thought it prudent to follow through with the JD program; however, I was forced to withdraw in the middle of the second year due to other committments.

Currently, I am studying for my undergraduate degree online, as well as pursuing several professional certifications. The past three and a half years have seen me working as a personal lines insurance agent in my hometown. However, two months ago I moved on, packed my bags, and took a job right near Sacramento, CA. Presently, I am working for another independent agency primarily as a business coverage analyst while processing personal lines applications.

So that's my history. I must honestly say that without the skills I had learned at Oak Brook, I doubt that I would have this job. It entails reading contracts and forms up the wazoo, and interpreting them to ensure that our business clients have the appropriate coverages. It's not as simple as it sounds. And I'm only 22. So I feel very positive that, whatever career you may currently be in or potentially be placed, you will find at least some skills in this course are invaluable.

That to say, a little about my discussion method. I like it short and to the point, without all this froo-froo. I am also very pragmatic; this will probably come out at some point in the future, so do not let it take you by surprise. As you approach finals, I will also point out areas in the course where you should pay particular attention. Also, never, ever, EVER let this blogring be a substitute for the syllabus. Yes, the syllabus has lots of impractical information, but it also tells you pretty much what will be on the test.

So, that's pretty much me and it. Feel free to send any questions you may have at any time to my personal e-mail at lawhopes@gmail.com. I access it several times throughout the day, so I will get it. One request, if you remember, when you send an e-mail, please mark "OBCL" in the subject line so it will go straight to my inbox and flag my attention. I *can* get over 50 e-mails in one day, so doing so will make them stand out a little more. When I see that, it will go to the top of my priority list.

Have a great night!

Another Perspective (Posted by Jenny)

2007-07-18T19:03:00.000-07:00

Hello everyone!

Can you believe you are so close to graduating?! As you finish out the last few weeks of your courses, I have a special bonus for you. In addition to Gabe & Alex, another great alumnus has made himself available to you.

A wonderful fellow paralegal alumnus (and former classmate of mine) has offered to give you the benefit of his input during the last few weeks of your quarter. I am so grateful for Steven Sanderson’s offer as during our paralegal class, he always gave me excellent advice!! I know you will be benefited by his involvement.

Steven can be reached by e-mail at lawhopes@gmail.com and would welcome your questions! Be watching for his posts on here as well!

Happy studying!:)

Legal Writing as Communication. (Posted by Gabe)

2007-07-10T09:45:00.000-07:00

I've done a lot of study on communication, partly because it is necessary for what I do, and partly because I love it. I love it because communication is all about connection--connecting the communicator with the audience. What works in some cases will utterly fail with others! It doesn't matter how fluent you are, or how much work you have put into your communication, or even how skillful you are; if you don't connect, you have failed to communicate. That is why knowing your audience is such a critical part of communication.

Being a student of communication, I am often fascinated by the forms that communication can take. Communication has changed a lot in a short period of time. For instance, have any of you ever read the Federalist Papers? If you have you were probably--as I was--overwhelmed by the complex arguments and language. But those were written for New York farmers as the newspaper editorials of the day! If someone tried to write papers like that today, they would ultimately have a complete failure to communicate (sorry, Cool Hand Luke).

But I am often appalled to see the swing that we have made in the other direction. People today often don't, or can't, use even the simplest rules of grammar and punctuation. For instance, this blog tries to help students learn legal writing, but routinely violates basic rules of capitalization. That may be just fine if you are sending an Instant Message to a friend, but when engaging in any "real" form of writing it just makes you look uneducated or like you don't care about what you are doing.

Legal writing is a very specific form of communication, with a very particular audience. It is very different even than other types of legal communication--for instance, trial advocacy. Trial advocacy, talking to a jury, is all about telling stories, keeping the attention of laypeople who may be otherwise totally bored. Use to many big words, and you'll lose them. But if you try to tell stories to the judge in your legal brief, you'll be laughed out of court!

The other day, a member of my volleyball team found out that I was in law school, and proceeded to launch into a rant against the big words used by lawyers, and how everything should be more simple. I considered informing him that obtaining a Juris Doctor entitled me to use obtuse vocabulary to obfuscate the salient itemization of my exorbitant pecuniary demands, but thought better of it. But what is the appropriate use of complexity in legal writing?

To answer that question, I think we need to define the goals of legal writing. Depending on the type of document you are writing, the goal is either to persuade or to inform. Either way, legal writing must first be clear. Cases come down to very specific facts, and misstating those facts, or misleading the reader (either intentionally OR accidentally!) will cause the writer to lose credibility, and maybe even the case. Clarity also requires logical flow and organization.

Second, legal writing must be accurate. Clarity would be pointless if you clearly communicated a falsehood. There are certainly ways to artfully phrase negative facts, and effective advocacy requires the lawyer to use such art from time to time, but in the final analysis, the writing must be accurate. Accuracy also requires a certain element of completeness.

Finally, legal writing should be discerning. What I mean by this is that you should choose each word carefully. Using words that are offensive or can be misinterpreted has no place in good legal writing. If you offend someone, or if you give someone the wrong impression, you have detracted from the argument that you are making, and lost the link with your reader.

I told my friend about a modern movement called "Plain English for Lawyers." The basic premise behind the "Plain English" movement is that legal writing should not look any different than any other well-written document. Legal writing has a reputation for being full of meaningless repetition ("aid and abet," for instance), terms of art, and archaic grammar. These are certainly faults, and good legal writing has no place for terms like "heretofore" or "wherewithal."

But I would caution you against taking these considerations too far! Do not forget your goals in your quest to be simple. Always keep your audience and your goals in the back of your mind, and write with the persuasive power that comes when you communicate with clarity, accuracy, and discernment.

For More Information--

What is Really Wrong with the English Language?

Wikipedia on Legal Writing

CLA Exam Tips (Posted by Jenny)

2007-07-08T16:01:00.000-07:00

Hello everyone!

For those of you with the CLA exam looming large on your horizon this month, I thought you might appreciate some advice from one who has sat for the boards and been there before you. For those of you who will not take the exam until December, read on and tuck this away for future reference!

I consider the CLA credential to be valuable and worth getting and maintaining. Obviously, the most important thing to an attorney is what you know and what you can do / learn, but I have found in my area (it may be different elsewhere) that the CLA credential is known and does lend some credence to your paralegal certificate. The law firms here will pay for the CLE needed to maintain certification.

Paralegals have different views on the CLA credential. Many successful paralegals do not have it and many do. But I believe it is valuable because it is nationally recognized, (and portable:) it lends credence to your paralegal studies, and since you have worked so hard to graduate with your paralegal certificate, why not take the final step and sit for the CLA exam?

1. Do not let the practice tests or mock exam scare you!

I don't know what the latest editions of the CLA study manuals are like, but the 2nd edition (the one I used to study for my 2005 exam) was very very difficult. I was almost in despair when I took the mock exam after completing all the reviews and practice tests and still got scores which I felt would not enable me to pass the actual test. However, when I asked another paralegal (who I consider much more brilliant than I will ever be) he told me that the practice exams were much harder than the actual exam and the scores I was getting were better than he had gotten pre-test. I found this to be very true - the practice tests were much harder than the actual exam.

As I said, I have not seen the 3rd edition of the review materials, but I am guessing that the same will still hold true. I have never found any test prep books that were easier than the actual exam.

So if this has been upsetting you, be encouraged!

2. The last few days before the exam

What you do the week of the exam studying - wise is very important. I know everyone's situation is different and you may have to cram because of unavoidable situations, but if it is at all possible I would advise against it.

Each of us will prep for an exam differently. I am sure you know yourself and what would be beneficial / not beneficial for you to do the last few days before a big exam. One person I know took the portions of the mock exam that she would be taking the next day the night before. Another person I know laid aside the books after taking the mock exam at the beginning of the week of the exam. What you do is up to you. Just remember: do not make yourself more stressed than you already are. Avoid cramming / over studying - they will most likely make you miserable.

I personally took the mock exam the week of the CLA exam and did not study for the rest of the week. I had not planned on doing that. I had wanted to take all the practice tests over again, but wasn't able to because of work (plus the fact that I was battling major exhaustion / mono). This turned out to be the best thing I could have done. It enabled me to relax and come in to the exam rested.

So decide what you need to do and what would be most beneficial for you. Just like an athlete, the last few days before the "big race" are very vital to success or failure.

3. Get plenty of sleep the night before the exam!!

I cannot emphasize this enough. The CLA exam has been likened to the Bar exam in regards to difficulty and stress. It is a very long and draining 2 days. You will need to be at your best. Adequate sleep plays a big role in that.

4.The first day of the exam

One of the things that I will always be grateful for is that I went out for breakfast with a friend that made me laugh and eat a good breakfast. This helped calm my nerves and fortify me for the long day ahead. Also, make sure you arrive at the testing center early so you have plenty of time to get a seat, sign in, etc.

5. During the exam

You will have adequate time during the exam. You will not have ample time, but you will have adequate time. It is very important that you budget your time well in order to complete all sections in the time allowed.

Work through the questions steadily. Don't stop and stare at one too long. If the answer doesn't immediately come to mind, either pick the most likely choice or leave it blank and go on. You can come back to it later. This is especially important in the General Law section where you will have an hour and a half to work through 5 exams. All I remember about that hour and a half of the exam was filling in answer bubbles frantically.:)

Remain focused!!

In the section where you have to write a memorandum, it is especially important to not panic or get distracted. I remember vividly laying my pencil on the table and asking the Lord to help me write the next line. I finished my memo right before the time was up. I couldn't believe I had actually written a complete memo and finished in an hour!! God is good.

6. After the exam

When you have laid your pencil down for the last time and left the testing center, do your best to leave the exam behind you. You did your best, and that is all you can do. For better or worse, it is done and in the Lord's hands. If you get the results and find out you have to take a section over, take it over. The exam admin told all of us that the only thing to be ashamed of was not coming back and re-taking sections. Even the author of the review materials had to re-take parts of the exam!

I hope all of the above is helpful. Feel free to e-mail or call me and ask any CLA questions you want. Many blessings on your exam, we'll be praying for you, and please let us know how it goes!!

Prayer Request. (Posted by Gabe)

2007-06-21T12:38:00.000-07:00

Hi friends--

I am heading out of the country early tomorrow morning for a missions trip as a part of my work with Remember. We'll be over there for 10 days, doing medical work for the children in the Freedom House Orphanage in the Mae La Refugee Camp.

Please pray for safety, strength, and the presence of God's Spirit to go with us!

If you'd like to stay "in touch" with the trip, please feel free to follow along at Remember Ambassadors.

Legal Research (Posted by Jenny)

2007-06-13T09:56:00.000-07:00

I had a great conversation with one of you about the joys of legal research. I wanted to share some of my thoughts on the subject with you in hopes it will make your journey through the legal research course smoother:

1. Finding a law library

I started with my local courthouse (they happened to have a small law library) and I also researched what law schools / universities were in my area that might have a library large enough to have the nation-wide resources that I needed. Since I live an hour from Dallas, TX (which has a huge law school called SMU) this was fairly easy. Hopefully, none of you will have to travel too far to get to a law library.

2. Budget lots of law library time

Budget even more time in the law library than you think you will need. Your first trip you will want plenty of time to wander and familiarize yourself with the library setup. Subsequent trips for assignments will require varied amounts of time – and it is always better to have more time set aside than you actually need. Particularly for your memorandum assignment at the end of the course, you will want lots of time to find cases, read them, shepardize them, etc.

I am going to be honest and admit that I logged many of my 4th quarter hours in the law library. Whether that is the case for you or not, be prepared for your legal research to be time consuming. If it isn’t for you, great, but if it is, you’ll be ready!:) And besides, if your assignment is done, there are lots of fun things to read in a law library, if legal reading is something you like doing!:)

3. Bring a magnifying glass for footnotes

Many of the footnotes in legal dictionaries / encyclopedias / commentaries are microscopic. To avert eyestrain trying to see what the little numbers are in the citation of the case you want, be prepared to whip out your magnifying glass! Again, you may not need it, but if you do, you’ll be glad you had it!:)

4. The law librarian is your friend

While Professor Gundlach expects you to do your own research, the law librarian is still a wonderful source for general guidance. I wish I had asked more questions of the law librarians (like where is this or that reporter?) instead of wasting time trying to find everything on my own. I know this may seem like it goes without saying, but just on the chance you are like me…..

5. Keep your perspective and don’t get overwhelmed

There are many legal research resources available and especially when the time comes to write your memorandum, it might be easy to get overwhelmed. If this happens, take a moment to stop and rest. Staring out the library window or taking a quick walk always helped clear the cobwebs out of my head. The more you have planned out a “road map” of what you need to do, the less likely this is to happen. But if you find yourself staring blankly at a stack of reporters, take a break – you need it!

6. Have fun!

Legal research is like a treasure hunt / investigation. You are searching for the “gems or clues” you need to turn in an excellent assignment. There is nothing more exciting than turning that page and seeing the piece of information you have been searching for. I remember once being so happy (after 2 days of looking) to find the answer an attorney wanted at the DA’s office, that I ran up 4 flights of stairs to hand him the papers.:) I was definitely more excited than he was, but a job well done is always something to be excited about!

Those are my 2 cents! Blessings on your legal research course!

A New Way to Stay Connected. (Posted by Gabe)

2007-06-05T11:33:00.000-07:00

As a part of my constant search for knowledge in general, I regularly read a good amount of legal news. Now, technology has enabled me to share some of that with you. Check out the sidebar, when you get the chance, for the new "Legal News Clips" section. I'll be updating that section regularly with legal news that might interest you!

International Law Comparison. (Posted by Gabe)

2007-05-31T09:30:00.000-07:00

Just the other day, the news broke on a decision by the Malaysian equivalent of the Supreme Court. The decision was both atrocious and fascinating at the same time.

If you are familiar with international law in general, you are probably familiar with Shari'a Law, which can be very roughly analogized with the common law for the Arab world. Shari'a has been around for centuries, and has been reasoned out by Islamic philosophers and theologians in a fashion rather similar to the way that philosophers like Locke, Blackstone, and Rousseau reasoned the common law from Biblical principles.

Shari'a, of course, is reasoned from the Qur'an, and forms the basis of Islamic jurisprudence. It differs very strikingly from the common law, though, in that it mandates Islam as a religion, and certain religious practices. There is no way for one to be a Christian and follow the Shari'a law, while every religion could follow the common law.

There are many countries that are more recent "converts" to Islam, and nations that want to be secular, that have a dual system of law--a secular Constitution and body of laws that apply to all, and Shari'a, which only applies to Muslims.

Lina Joy was a Muslim, but converted to Christianity. In order to do that, in Malaysia, you have to apply for a "Certificate of Apostasy" to be designated a non-Muslim. The recent decision said, in effect, that you can only get such a certificate from the Shari'a courts that are tasked with enforcing Muslim beliefs!

That raises fascinating questions about how the law is supposed to work. It wasn't too long ago (past couple hundred years) that Christian nations had canon law courts, to enforce certain church laws. Now, of course, we argue about things like prayer in schools and government "endorsement" of religion.

What do you think is the appropriate measure for the authority of the church and the authority of the government? Do they mix, or are they separate?

More over at Right Reason, and at Time.

Law Prof Blogs. (Posted by Gabe)

2007-05-24T14:02:00.000-07:00

My internet wanderings today took me to a site that I thought you all might be interested in, for your paralegal studies and personal knowledge. Happy reading!

http://www.lawprofessorblogs.com/

You’re Done with 3rd Quarter Finals! (Posted by Jenny)

2007-05-20T14:47:00.000-07:00

Congratulations, guys! You have completed 3rd quarter finals which means…..YOU ARE 3 QUARTERS OF THE WAY THROUGH THE PARALEGAL PROGRAM!! Applause, whistles, cheers, etc.

Now is the time to take Gabe’s wonderful advice and forget about your finals. They are over (for better or worse – hopefully for better!) so leave them behind you. No worrying, fretting, wondering, obsessing, etc. will be tolerated from any of you!:) Just kidding. But in all seriousness, take it from one who spent many an hour wondering if they had answered this or that correctly: enjoy your break!! The 4th quarter will start before you know it so shut the law books and give yourself some well-deserved R & R!

A big thank you to Gabe for doing an outstanding job as 3rd quarter mentor!! Gabe, I know I speak for everyone when I say we are so grateful for you & the sacrificial investment of your time these last months!! I hope you will weigh in with your comments often during the 4th quarter!

Alex will be taking over as 4th quarter mentor when your courses begin again so keep checking the blog for his posts and e-mail your questions to him at govrel2005@yahoo.com. Also, since I am serving in a general support capacity, don’t hesitate to contact me as well (fairlady@truevine.net).

Have a delightful break and we’ll look forward to hearing from you in a couple of weeks!

Study Breaks (Posted by Jenny)

2007-05-08T07:11:00.000-07:00

Hello all!

As you countdown the last few days before finals, I would encourage you to keep the following in mind. When I took this advice it helped me tremendously. When I didn’t, I suffered unpleasant consequences.

It is a great temptation (with finals looming) to study flat out whenever you can for as long as you can. While my thoughts on “cramming for tests” are another sermon for another day, I cannot encourage you strongly enough to sprinkle breaks liberally throughout your study time.

I am not talking about long breaks. But no matter how hard it is, make yourself stop after you have studied for an hour to two hours and spend a few minutes eating a snack / reading a non law related book / taking a walk etc. YOUR BRAIN NEEDS A BIT OF TIME TO PROCESS WHAT YOU ARE MEMORIZING / LEARNING!! YOU WILL NOT BE EFFECTIVE IF YOU “BURN OUT” BY WORKING TOO LONG WITHOUT STEPPING AWAY FOR A LITTLE TIME. Btw, did you know your brain is always processing information, even when you are not studying?! How amazing is that?!

You will be surprised how concepts you were struggling to memorize / understand will become so much clearer when you come back to them after a break. You will also be refreshed and ready to “hit the books” with renewed energy.

If you are a workaholic (or studyaholic) like me, you will be tempted to work for hours without stopping. I found when I did that I only made it harder on myself. If I took breaks, my study time was more effective and enjoyable.

Of course, I was not working FT when I went through the paralegal course. If I had been juggling courses and FT work, this would not have been as much of an issue. And it goes without saying (but I’m going to say it) that those of you who struggle with taking too many breaks while studying (yes, that is possible) should not view this post as meant for you. You need to focus on doing the opposite and disciplining yourself to study for an hour or two before taking a break.

So study hard but remember: TAKE BREAKS!:)

Finals Blessings (Posted by Jenny)

2007-05-01T17:52:00.000-07:00

Hello guys,

I was reading through the Psalms a few days ago and the Lord brought you and your upcoming finals to mind as I read the following verses. I hope they will bless and encourage you as you study for your exams.

In particular, Psalms 18:39 will always have a special place in my heart. Several years ago, I was away from home cramming for one of my paralegal tests and found an index card in one of my textbooks with that verse written on it. I recognized the handwriting as my mother’s and knew she would be praying that verse for me as I studied. Isn’t it amazing how God uses mothers to give us exactly what we need even before we know we need anything?

You will all be in my thoughts & prayers over the next few weeks. May our Abba Father give you His perfect peace, wisdom, and gird you with strength “for the battle.”

Best of success,

Jenny

Psalm 18 (Amplified Version)

v. 28 For You cause my lamp to be lighted and to shine; the Lord my God illuminates my darkness.

v.29 For by You I can run through a troop, and by my God I can leap over a wall.

v.31 For who is God except the Lord? Or who is the Rock save our God?

v.32 The God who girds me with strength and makes my way perfect.

v.33 He makes my feet like hinds’ feet [able to stand firmly or make progress on the dangerous heights of testing and trouble] . He sets me securely upon my high places.

v.39 For You have girded me with strength for the battle…

Everyone's Favorite Time. (Posted by Gabe)

2007-04-30T11:37:00.001-07:00

Through the paralegal course and 3 1/2 years of law school, I've taken a lot of finals. In fact, I just had another round about two weeks ago, so I'm fresh off the stress! As you all approach that time again, I thought I'd share with you some finals lessons I've learned over the years. I hope they are a blessing.

The most valuable lesson I have learned is devote my studies, and the accompanying tests, to the Lord. I don't just mean "pray about" your final exams--that is part of it, but I'm sure you're already doing that. I mean really truly, on a core level, remind yourself of why you are taking this paralegal course. I trust that you will come to the conclusion that you are taking this course to bring glory and honor to Jesus Christ. Coming to that realization can be very freeing! Prepare not for your final exam, but to bring glory to God through it.

Second, focus your study time. It is so easy to study scattershot, picking up bits and pieces, but that is not effective in legal courses. A couple weeks out from the exam, identify your trouble spots and really brush up on them, but just days before the course I would encourage you to do a broad review to remind yourselves how all of the rules fit together. It is amazing how many confusing portions of an exam can fall right together when you have the "big picture" of the subject.

Third, have key definitions locked in. It is possible to fudge definitions on an exam, but knowing your key definitions, and being able to repeat them at a moment's notice under the pressure of an exam, will be huge for you. Take the time to really get to know your definitions and elements--almost all of which will be found in your syllabus itself.

Finally, when the exam is done, forget about it. I don't mean forget the stuff you learned--just don't re-hash it to yourself. If you think you've done well, cross your fingers; if you think it has gone badly, dedicate it to God, but either way, move on. Don't waste time and emotional energy doing a "post mortem," especially if you have more exams coming up.

I won't give this next bit out as advice--lest I be accused of failing to follow my own advice--but getting enough sleep before an exam can really make the difference. If you run out of energy two-thirds of the way through the exam, all of your study won't help you, so sometimes it is better to sleep than cram!

May God bless your test-taking!

Conlaw Final. (Posted by Gabe)

2007-04-29T13:21:00.000-07:00

Well, it's that time again! Here's a question from among your ranks:

I am currently studying for the constitutional law final exam and am a little overwhelmed with the amount of information in the course. Do you have any suggestions of what my main focus should be (is a broad knowledge sufficient, or do I need to know all of the cases and amendments?) or how I should study for the test?

I would preface my answer by saying that I don't have any idea what is going to be on your final, or even what format your exam is (essays vs. short answer vs. multiple choice, etc). If any of you know, leave a comment and I'll try to restructure my answer accordingly.

That being said, there are certainly some things that can really help you out.

1. You need to have a knowledge of all of the basic doctrines, and how they are applied. For instance, you need to know the due process analysis, the equal protection analysis, the basics of free speech, freedom of religion (both clauses!), etc. You will also need to be familiar with the governmental structure that the Constitution establishes--the three branches of government, the powers of the states, etc.

2. It is always very helpful to know where Constitutional rules are within the document itself. For instance, knowing that the powers of Congress are in Article 1, Section 8, and freedom to keep and bear arms is in the Second Amendment, and the separation of church and state isn't in there at all, will probably be useful.

3. There are some cases that you really should know. Marbury vs. Madison is the first on that comes to mind, and there are a few others that you should be able to cite by name if you are tested on the rules that they promulgated. Other than that, I would not recommend that you take a ton of time to learn case names. You would be better served learning the rules, tests, and Constitutional provisions.

I hope that helps out! I'm working on some general finals advice; check back soon for that.

Site Update. (Posted by Gabe)

2007-04-27T12:07:00.000-07:00

Hi Friends--

In this world of syndication, I finally discovered how to enable our blog Atom feed. If you use a feed reader, subscribe using the link now in the sidebar!

E-mail me if you have questions about subscribing. With finals approaching, now would be a good time to make sure you get the posts!

Also, e-mail me if you would like your blog added to the blogroll. I would love for this site to be a center for paralegal students and graduates--let's use the blogroll to do that! E-mail me your blog URL and we will start the cyber networking.

Thinking Like a Legal Professional. (Posted by Gabe)

2007-04-23T16:34:00.000-07:00

Thanks to your recent Equal Protection Writing Assignment, each of you paralegal students has had the chance to think through a specific fact pattern and weigh all of the considerations that went in to answering it. Here's a question I received on that issue:

For this paper-- my initial thought is that any rdinance may not designate separate areas within the establishment for race (suspect class), but for homosexuals? Since that's not specifically in the chart, does that make them a non-suspect class applying rational basis test, or perhaps it's a fundamental right issue (to be able to attend business establishments without being segregated?). The person in the paper is claiming that their rights are on the level of a suspect class, which I don't think it is, so I guess that is where most of the discussion will take place....I'm just not sure about how we're supposed to think through these things--biblically vs. equal protection chart.

That is a great question, and one that you should be learning to answer as you progress through this course. In law school they call it "thinking like a lawyer," but it is no less important as a paralegal. Paralegals often have the first chance to interact with a client and guide the thinking of the attorney, and the paralegal's ability to think through the fact situations and come to a conclusion is vital to success in the profession.

No legal fact scenario occurs in a vacuum. By this, I mean that the legal professional can almost never simply look at the law and come to a conclusion to do his or her job right. It is important to recognize that often you must start with extra-legal reasoning, which in the case of a Christian, starts with God's Word. There should be absolutely no shame in doing that, although obviously there is a balancing act--the client is paying for legal advice, not counseling, and as professionals we have the responsibility to provide legal representation.

Because it is a balancing act, there is no "right" answer. Every fact scenario is different, and every client has different personal needs and goals from the legal confrontation. If you reasoned through this fact pattern on a purely Constitutional basis, you were not wrong. But if you took the time to reason through the "worldview" behind the contentions, you have begun the process of thinking like a legal professional.

You may disagree with the contention that homosexuality should be protected by the Equal Protection Clause, but obviously the authors of the letter in this fact pattern disagree. Simply telling them that they were wrong won't change anyone's mind, and won't influence a court. Why, then, does the Constitution agree with your worldview? Why should a court follow your line of legal reasoning, instead of theirs? And what can you provide to persuade those with a different worldview than yours?

While I have no desire to give you an "answer" to the fact pattern--and would not be helping you if I did!--I hope that this helps as you prepare yourselves to be effective paralegals.

Prosecutors Beware! (Posted by Gabe)

2007-04-11T15:50:00.000-07:00

If you follow national or sports news, you probably saw that today all charges were dropped against three Duke lacrosse players. But it was more than that! The attorney general of North Carolina almost literally shredded the district attorney for his actions in pursuing the case without evidence.

If you want to see what the AG had to say--and what you never, ever want to hear if you work for a prosecutor!--you can do so here.

This story, though, leads to a lot of different questions. Leave some comments with your thoughts!

1. Do you think that the district attorney should be disbarred for what he did?

2. Do you think it is right that the accuser who changed her story will probably get away scot free?

3. What do you think of the Attorney General's proposal? "Therefore, I propose a law that the North Carolina Supreme Court have the authority to remove a case from a prosecutor in limited circumstances. This would give the courts a new tool to deal with a prosecutor who needs to step away from a case where justice demands."

Thai Justice (?) (Posted by Gabe)

2007-04-03T09:51:00.000-07:00

As an avid sports fan, I subscribe to the ESPN RSS feed, and this came through just now. Since you are studying Criminal Law and Procedure, I thought it was appropos to send on.

Siriporn beats Miyano, boosts parole chances

Maybe it is a stupid question, but should winning a boxing match have anything to do with whether or not parole is granted? Your thoughts welcome.

What is Equal Protection? (Posted by Gabe)

2007-03-29T20:42:00.000-07:00

Here is the latest question, about Equal Protection:

"The syllabus gives a VERY brief overview and the nutshell book goes into too much detail. I am supposed to be writing a paper on this subject and feel totally unprepared. I am supposed to know the four part analysis of equal protection in relation to homosexuality. Is it correct to assert that homosexuals are not in a suspect class, a quasi-suspect class, a non-suspect class, and that their rights are not fundamental? Any help you could give would be enormously appreciated."

I would state at the outset that I do not feel comfortable answering the question on what it is, or is not, "correct to assert." That is up to you and your studies. I will, though, try to give you some help in the analysis--which can certainly be complex--so that you can figure out what would be the best argument to make.

While the syllabus overview is indeed very brief, it does lay out the four things you need to know to analyze. Those four things are numbered in the syllabus--actions that affect a person, different benefits or burdens, impermissible criteria or fundamental right, and the difference between purposeful and incidental discrimination.

Starting with the basics, constitutional law is about the tests designed to determine whether the government action is permissible or not. There are three, primarily:

--Strict Scrutiny. If the governmental action falls under this test, the burden is on the government to prove that their actions are the least restrictive means to accomplish a compelling state interest. If this test is used, the government action is almost always struck down, because if the private party can show that there is a better way for the government to accomplish its goal, the government loses.

--Intermediate Scrutiny. This one can be a bit fuzzy, but at its core, it means that the government must prove that their actions are substantially related to an important state interest.

--Rational Basis. Under this test, the burden of proof is really on the challenging party, and they must show that the government action is not rationally related to a legitimate state interest. Under this test, the governmental action is almost always upheld--unless it is completely ludicrous.

The key to Equal Protection is knowing which test to use, and the four step approach is designed to help you find exactly that. Take some time to think about it from a logical standpoint, and I think these four criteria will fall into place. Let's run through them in order:

1. Whether the government has taken any action that affects the person. It stands to reason that if the governmental action does not affect people, there can be no Equal Protection violation, because only people need to be equally protected, so to speak. If people are not affected by the law, none of the tests apply--the government action is not a violation of the EP clause.

2. Whether the government action classifies individuals for different legal benefits or
burdens. If the government action classifies everyone exactly the same, everyone is equally protected. Does that make sense? Equal protection is designed to give everyone the same treatment, so if the law does that it does not violate this clause. If the law gives everyone the same treatment, it could potentially be challenged under some other Constitutional provision, but no test is needed for Equal Protection--the action is valid.

3. Whether the government action discriminates on the basis of impermissible criteria or in
violation of a fundamental right. This is where it gets tough, and we'll come back to this one in a minute.

4. Whether the government has discriminated purposefully or incidentally. An example would be helpful here. Say XYZ City has a law that says, "Anyone making less than $20,000 a year must live in ABC Neighborhood." Now, I'm sure you can see that this purposefully discriminates on the basis of poverty--a non-suspect class, as we will discuss. Non-suspect classes give rise to the rational basis test, so a challenger would want to find a better argument. Say that they bring forward statistics that show that 85% of the families affected by this ordinance are African American. Now they are arguing that the ordinance discriminates on the basis of race--and they are right. But the discrimination is incidental; it's a by-product of the ordinance, not a purpose of it. Therefore, despite the incidental discrimination, the rational basis test would still apply.

OK, stop and take a deep breath. If something hasn't made sense so far, go back and re-read it, compare it to your syllabus, and ask questions if you can't figure out what I mean. Once your brain stops doing somersaults, let's move on.

The real "meat" of Equal Protection jurisprudence comes from the delineations of what sort of discrimination is OK in what circumstances. Starting at the foundation level, I'm sure you can already see how the fact that a law discriminates on some basis does not make it an automatic violation of EP. As your syllabus notes, every criminal law is a discrimination against something--if you are convicted of murder, the law is discriminating against you for killing someone. It doesn't take much reasoning to decide that there is no problem with that; without it law would be meaningless.

So when is a discrimination a violation of the Equal Protection Clause? When you are asking that question, in step 3 of the four-part test, I would encourage you to start with a two part question. Your syllabus mentions it, but doesn't clearly explain it, so I'm going to try.

The two part question is simply this: 1) Does the discrimination interfere with the exercise of a fundamental right? and 2) Does the discrimination use impermissible criteria? Let's take each of these in turn.

First, fundamental rights. You will be happy to know that you have already learned about this to a large degree in the last lesson--substantive due process also uses this fundamental rights approach. The only difference is that due process regards violations against an individual while equal protection regards violations against a class of people. With that one distinction in mind, if you understand substantive due process, you understand the fundamental rights prong of equal protection.

Second, impermissible criteria. The Supreme Court has laid out three different types of criteria, which as you know, are suspect, quasi-suspect, and non-suspect. The suspect category is the highest, and gives rise to the strict scrutiny test. Race is really the only time that the court will use this analysis.

While they recognized that race is the "worst" form of discrimination, the Court has also said that there are other categories of discrimination that are "bad." In these quasi-suspect categories, the government has to satisfy the higher burden of the intermediat scrutiny test.

Finally, there are those categories that are benign. The government can't be arbitrary or ludicrous, so it must still meet the rational basis test, but that is rather easy.

So where is all this law in the Constitution? It is certainly not written in there, and the courts have had to struggle with where to draw the line. It has been a hard task for them, and the result is the confusing system that I have attempted to lay out for you here. I hope that this overview gives you a structure that you can use to understand your Nutshell text better.

Good grief, I have written a thesis. Questions are more than welcome, via comment or e-mail.

A Conciliation Resource. (Posted by Gabe)

2007-03-29T09:54:00.000-07:00

Hi Guys--

When we were talking about secular books for Christian Conciliation, I recommended "Beyond Reason," an excellent book about using emotions as you negotiate.

I just discovered that they have a website with further resources, that I would recommend you check out if you have the time.

www.beyond-reason.net

Enjoy!

A Different ConLaw Perspective. (Posted by Gabe)

2007-03-21T12:02:00.000-07:00

Hi Friends--

As a part of my work with Remember, I have to monitor news on the persecuted church worldwide. Today I saw this article, and thought you might be interested in seeing a Constitutional perspective from an entirely different cultural view--the country of Egypt.

It is certainly a very different constitution than ours! Click here to read the story.

ConLaw: What's to Know? (Posted by Gabe)

2007-03-16T14:19:00.000-07:00

Hi Friends--

Got a question from one of you last night; here it is, with my thoughts. "I am trying to get through the reading for constitutional law and am having a really hard time with the nutshell book. Will I really need to know what's in that book? Is there anything I should be focusing on while reading to help me comprehend and enjoy the book more?"

Great question.

The nutshell book just like its name would imply--hard to chew and harder to digest. (If you have ever tried to eat even a peanut shell, you know what I mean. And I would compare this book to more of a walnut, to be honest.)

ConLaw in general is a tough subject to learn in a course like this, because it is a constant war between three sparring factions. Broad legal theories, minute points, and personal opinions are constantly duking it out. Your task is to separate the three and talk knowledgeably on each of them at the right time.

Your nutshell book is going to help you learn some of those minute points; that is what it is designed for. Keeping that in mind as you read it should help you--it is important information, but only important in that context. You will learn the broad rules as you read the Constitution and your other study materials, and you will learn personal opinion as you read the justice's opinions, but when it comes to those minute points, the Nutshell is the way to go.

I certainly hope that this helps you put it all in perspective.

Oh, I think the time is about right to go ahead and answer my own question. I asked you to tell me what the Constitutional provision for Roe v. Wade was, and you came up with some good answers. The real answer, in the final analysis, though, is that no one knows. Some have argued the due process clause of the 14th Amendment, some have argued the 9th Amendment, but even Justice Blackmun, who wrote the opinion, couldn't say what his rationale was. (I'll try to get you the exact quote sometime soon.)

The Court concluded that there were enough "emanations" from the "penumbra" of these constitutional provisions to justify their ruling. To translate the gobbledygook, they claimed to feel the vibes from the shadows of the Constitution, even though they couldn't point to where those vibes came from.

So, take a minute and think about this. Where did the justices go wrong? Was it in broad legal principle, minute detail, or their personal opinions?

Leave a comment and tell me what you think.

Secular Book Recommendation for Christian Conciliation Course (Posted by Jenny)

2007-03-10T13:13:00.000-08:00

Hi y'all-

The book I used for my Book Review / Comparison paper was The Eight Essential Steps to Conflict Resolution by Dudley Weeks, MD. I found this book to be both sufficiently secular and a fascinating read. I would definitely recommend it to you for consideration - if you have yet to select a secular book.

An important note on secular conciliation books: You will want to exercise caution and discernment as you make your selection. I distinctly remember being shocked at what was on the secular conciliation shelf at Barnes & Noble. Some books are only fit for kindling or the recycle bin. And as I am sure you know, in your quest to write an excellent book review paper, Professor Gundlach would not want you reading anything defiling.

All that said, happy reading! God used the Christian Conciliation course to teach me many things. So grab your favorite beverage and get ready to be challenged!

Many Blessings,

Jenny

Course Intro: Constitutional Law. (Posted by Gabe)

2007-03-08T11:13:00.000-08:00

I saved the best for last, friends. While there might be more valuable courses, and while there might be less frustrating courses (for those of us that are more ideological!), there is no course in paralegal--or in JD, for that matter--more fun than Constitutional law, in my not-so-humble opinion.

The first thing to remember when it comes to this course is that you are not trying to argue what you believe; you are trying to learn the overarching principles of law as they have been articulated by the Supreme Court. I would hasten to say that learning these principles, in some cases, will be for the purpose of enabling you to argue with them effectively! So learn with a mind on figuring out what they are saying; once you understand that you will be ready to seek the truth.

This course is designed to give you a very broad overview of the subject, starting with the overarching principles that led to the constitution in the first place. Those of you that really want to delve into the Supreme Court precedent, you have been given a great starting point in the Nutshell textbook, but the cases that form the Intro to ConLaw outline should be all of the actual precedent that you need to do well in this course.

I hope you enjoy this course as much as I did. Before you dig into the meat, though, I'd like to test your knowledge. We all know about the case of Roe v. Wade, but who can tell me what Constitutional provision it is based on?

Please e-mail any questions you may have on any of your Third Quarter Courses.

What's in a Lesson Reflection Paper? (Posted by Gabe)

2007-03-07T15:06:00.000-08:00

Hi guys--

I'm writing in response to a question from one of you. Here it is: "I had a question about the lesson reflection papers that I am required to write every week. The syllabus gives barely any guidelines on how these are supposed to be written. Should I be summarizing the chapter or should I be only giving my opinion on the reading? Any insights you could share would be much appreciated."

Part of any real learning process is application. Learning--especially for a practical course like this one-- is not just in reading a book, even a great book like "The Peacemaker." The purpose of the lesson reflection paper is really to help you go through that application process. You should use these papers to independently think through the lesson's topics in terms of your own life or your own Biblical analysis.

You can approach these papers from a multitude of angles. You can write them as a testimonies, how you did--or should have--applied this truth in your own life. You can write them as an analysis of situations you saw. You can write about Biblical situations, or Biblical analysis using your own Scripture study.

I would encourage you to take these papers and focus on taking the theory and personalizing it for real life.

Feel free to leave comments and questions if you have further thoughts!

Course Intro: Christian Conciliation. (Posted by Gabe)

2007-03-06T10:38:00.000-08:00

I can't think of a more important course for any paralegal student--or any Christian--than that of Christian Conciliation. You won't learn substantive law in this course, but substantive law is worthless if you cannot use it to solve disputes. Sometimes those disputes are litigation--but Christian conciliation allows believers to solve disputes while both maintaining their witness and encouraging their brothers and sisters in Christ.

This course is designed to give you a Biblical basis for your thinking on dispute resolution, and then to allow you to think critically through secular theories and practical situations. I would encourage you to think through the theory you are given in terms of your own life. I would imagine that each of you is going through situations that could be classified as "disputes," be they large or small. If you can apply these Biblical principles in your own life, you will truly be equipped to help others in your paralegal careers and in your personal lives.

If you have not read Ken Sande's book, you are in for a treat in this course. If you have--the second time is even better. Mr. Sande and his Peacemaker Ministries have blessed thousands of Christians both directly and indirectly, and his teaching is both practical and Biblical. Use your course notebook as a chance to learn this truth...and get credit for it!

Part of the course, though, as you know, is reading a secular book on these topics and comparing it to the Biblical principles that form the core of the course. One of you has asked me what I would recommend, and a couple books came immediately to mind. These are only suggestions; you are welcome to come up with your own! The alternative dispute resolution course for the OBCL JD course had two excellent textbooks from the secular standpoint:

--"Getting to Yes" by Roger Fisher and William Ury. This is a small book, easy read, with some rather groundbreaking negotiation principles.

--"Effective Legal Negotiation and Settlement" by Charles Craver. This book in an exhaustive negotiation and ADR text--not an easy read, but chock full of insight into all facets of negotiations.

Another secular negotiation book that I can recommend is called "Beyond Reason," by Roger Fisher and Daniel Shapiro. It approaches the entire process from the aspect of emotions; a very interesting read.

But I don't want to do all of the recommending, as I am sure there are dozens of excellent books that would fit the bill that I have not read. I would rather open the floor for you to discuss books you are thinking about using. That's what the comment section is for!

God bless.

Course Intro: Criminal Law and Procedure. (Posted by Gabe)

2007-02-28T09:43:00.000-08:00

Hi Friends--

Next along the lines of course intros for your third quarter is a personal favorite of mine. I'm the Teaching Assistant for the criminal law portion of the JD program, and the criminal procedure is just fun in and of itself. Combining both of these courses is a TON of information, though, so gear yourselves up for some hardcore learning!

If there is one key to criminal law (Lessons 1-7), it is remembering that criminal law is elemental. By "elemental," I mean that every criminal law definition has certain elements, and to commit a crime, the perpetrator must commit every one of those elements. If the perpetrator commits four out of five elements, there is still no crime!

Every crime has at least two of these elements, at its most basic--an actus reus and a mens rea, meaning a guilty act and a guilty mind. Many times the guilty act will have multiple elements to it. Make sure, though, that when it comes to studying the mens rea or guilty mind, that you memorize what type of mental state is required for each crime.

Keep those basics in mind, memorize hard, and always remember exceptions--and you will be well on your way for criminal law. Criminal procedure is a horse of a different color. Based almost entirely on the Constitution, you will be learning precedents from the Supreme Court on the 4th, 5th, 6th, and 8th amendments primarily.

Reading the actual cases is a good idea, but don't take that overboard. Distill the cases down to the rules that they have become famous for. A good example of this is a case you probably already recognize--Miranda v. Arizona. You've heard the warnings before: "You have the right to remain silent" and so on. You will be learning the broader theories of law that led to this specific decision.

I hope that gets you started on this subject. Happy studying!

Course Intro: Business Organizations. (Posted by Gabe)

2007-02-20T17:36:00.000-08:00

Dear Students--

From what I hear, you should be near the beginning of your third quarter of studies. I have been designated your third quarter mentor, and will do my best to assist you along the way. I must admit, when I saw the courses that I get to help you with, I got excited--these are wonderful courses, and I think you are going to have a great semester.

I'm going to start with the course that I would imagine has you the most worried. Now, I could be wrong on that front--I hope that you are looking forward to Business Orgs--but this was certainly the course in this semester that worried me when I went through the paralegal program. I was very surprised to find that I actually loved the course. Not only was it easy to follow and understand, but it's practical. I recently, and rather unexpectedly, became the CEO of a non-profit corporation, and this paralegal course got me started with the knowledge I need.

The key to Business Organizations is in remembering the different criteria for each organization. No matter how complex the organization--as simple as a sole proprietorship or as complex as a corporation--you can identify the structure by identifying the responses to these criteria.

These critera are found in your syllabus, and I would encourage you to start by memorizing them. Don't stop there, though! Take the information in your textbook that fills out these criteria, and create a "mind map" that outlines all of the issues that can arise from that type of organizational structure. I did just that, and it not only helped me through the paralegal, but got me through law school business orgs class, too!

The knowledge in this class is highly practical, but at times it can seem rather theoretical and obtuse. The best way that you can reduce the theoretical aspect is to think in terms of real-life situations. If you follow the stock market, for instance, you will be able to apply your knowledge of those corporations to the theory you are learning in this course.

A large part of the purpose of this blog is to facilitate class interaction and knowledge sharing, so now it is your turn. Take some time to think about what real-life situations you are going to use to help you learn the theory in this course.

And then tell us about it!

Congratulations! (posted by Jenny)

2007-02-20T09:36:00.000-08:00

Hello!

A huge congratulations to all of you for completing your 2nd quarter of the paralegal program! I hope you are enjoying your break from studies and giving yourself a well deserved pat on the back for all your hard work. Just think, you are halfway done with your law studies!! Now if that isn't cause for celebration, I don't know what is - no matter how much you may love studying law.:)

Enjoy the rest of your break & please visit my blog: http://www.xanga.com/jenfairlady
I have a special message there for you!

Quick Update. (Posted by Gabe)

2007-02-16T18:52:00.000-08:00

Hi Friends--

I hope that many of you have found your way here based on the e-mail from Professor Gundlach. I also hope that this blog will be an excellent tool to allow you to ask questions and obtain feedback from those of us that are here to help you out.

If you are an OBCL Paralegal student, please feel free to leave questions as comments to this blog--and feel free to share thoughts with each other based on those questions! Another way to ask a question is to e-mail one of the mentors, using the e-mail addresses provided by Professor Gundlach. We'll post the answer to your question on the blog so that all the students can benefit from it.

Happy studying. I look forward to hearing from you soon.

Welcome! (Posted by Gabe)

2006-10-28T12:05:00.000-07:00

Welcome to OBCL Paralegal Mentoring! This blog is designed to provide a forum to answer questions related to the OBCL Paralegal Program, and to allow students to interact with each other. It is our hope that this "iron sharpening iron" approach to mentoring will be a blessing to each student.

Your initial three mentors are Jennifer Harris, Alex Mansfield, and Gabe Waddell. We'll be introducing everyone more completely shortly, but the three of us are graduates of the Oak Brook program. We're volunteers, working under the banner of the Oak Brook College of Law Alumni Association to assist the current paralegal students.

We look forward to working with each of you to make your year as sucessful as possible.