fall 2004 vol. 10 no. 2                                                                                                                  Return to Contents
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Case Law Update:

Pincay v. Andrews, 351 F. 3d 947 (2003 U.S. app); The Ninth Circuit has issued an order to rehear this case involving the calendaring of court deadlines by non-lawyers. The facts of this case surround the calendaring of a deadline to file notice of appeal after the entry of a judgment in a civil case. The non-lawyer advised the lawyer that the deadline to file was 60 days when in fact it was 30 days. The District court granted additional time to file the notice of appeal. The Ninth Circuit reversed the decision and has now decided to rehear the matter.

Texas Legislative Update:

HB 1769 – Amendment of Chapter 1702, Occupations Code or as we know it, the licensing of private investigators by the Texas Department of Public Safety. LAD, along with the State Bar of Texas continue to investigate the ramifications this new law could potentially have on Texas paralegals, legal assistants and other non-lawyer individuals working under the direct supervision of an attorney. In mid-June, the Texas Department of Public Safety requested an opinion from the State Attorney General (Request No. 0232-GA) on the issue and whether paralegals would fall under an exception to the new licensing requirement. At this point, the Attorney General has requested briefs from interested parties to be filed by July 17, 2004. LAD has prepared a brief concurring with the opinion of the State Bar that paralegals and legal assistants should fall under exceptions to new law. The AG is to render a decision by November 23, 2004. To review the request by DPS, visit the website of the Texas Attorney General and search the opinions section for HB 1769.

News

On October 21 two local San Antonio associations, South Texas Organization of Paralegals and Alamo Area Professional Legal Assistants along with LAD will host the First Annual Joint Paralegal Celebration to be held in San Antonio. The event will feature lunch and two guest speakers discussing the role of paralegals in the litigation process and in the court room.

Visit the LAD website for details--Upcoming CLE Events at www.lad.org.

Texas Paralegal Journal © Copyright 2004 by the Legal Assistants Division, State Bar of Texas.

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