National Recognition of Texas Paralegal

Not only do LAD members do great things, but great things also happen to them.    It is important to recognize those selected to receive national awards.  It should be a proud moment, not only for the recipient, but also, for Texas.  In 2004, recognition went to one of the Division’s own members, Allen Mihecoby, RP, CLA, paralegal in District 2 (Dallas) and working for the in-house corporate legal department, Neiman Marcus Group, Inc., Allen was one of the final three (3) U.S. paralegals nominated for the 2004 Legal Assistant Today’s Paralegal of the Year Award. 

     Allen works as a Compliance and Regulatory Law Paralegal with an emphasis in intellectual property.  Allen is a strong advocate for continuing legal education for the paralegal profession.  This past year, he served as the Program Vice President for the Dallas Area Paralegal Association.  Allen focuses on professional development and education.  Allen was quoted in his LAT interview as saying that “in order for our profession to mature, it’s imperative for paralegals to pursue credentials.  “Paralegals are all in the same boat, so we should grab an oar and row — otherwise the profession will not move forward.”  Also in 2004, the National Federation of Paralegal Associations (NFPA) and Computer Services Corporation awarded Allen the Outstanding Local Leader award. 

     The Division takes pride in Allen’s achievement and that he has chosen to be a member of the Legal Assistants Division, State Bar of Texas.  The Division congratulates Allen Mihecoby and thanks him for his tireless service to our profession.

Notice of Elections

Jennifer Fielder

The election of directors to the Board of Directors of the Legal Assistants Division of the State Bar of Texas from District 1, District 3, District 5, District 7, District 9, District 11, District 13, and District 15 will be held April 18, 2005, through May 2, 2004.  All active and freelance members of the Legal Assistants Division of the State Bar of Texas in good standing and registered to vote as of February 1, 2005, will be eligible to vote online at the Legal Assistant Division’s website (in the Members-Only section).  All voting must be completed on or before 11:59 p.m., May 2, 2004.

Each potential candidate must satisfy the following requirements: 

a.   Eligibility Requirements.  The candidate must satisfy the eligibility requirements of Article III, Section 3 and Article IX, Section 1 A and Section 4 of the Bylaws and Rule V B, Section 5c of the Standing Rules.

b.  Declaration of Intent.  The candidate must make a declaration of intent to run as a candidate for the office of director through an original nominating petition declaring such intent that is filed with the Elections Subcommittee Chair in the candidate’s district pursuant to Rule V B, Section 5 of the Standing Rules.

c.   Nominating Petition.  The original nominating petition must be signed by and must be submitted to the Elections Subcommittee Chair in such district, on or before March 18, 2005.  The number of signatures required on the original nominating petition shall be as follows:  

Beginning on February 16, 2005, each Elections Subcommittee Chair shall prepare and forward, upon request, the following materials to potential candidates for director in their respective district at any time during the nominating period:

a.   A copy of the List of Registered Voters for their district;

b.  A sample nominating petition; and

c.   A copy of Rule VI of the Standing Rules entitled “Guidelines for Campaigns for Candidates as Director.”

To request information from the Elections Subcommittee Chair for your district contact (please see the Bylaws, Article III, Section 4 for a complete listing of counties in your district):

District 1:     Sherry Contreras, 713/265-1276 (Harris County) scontrer@wm.com

District 3:     Misty Callicot, 817/992-6629 (Tarrant County) estateparalegals@yahoo.com

District 5:     Janna J. Hutton, 210/832-3328 (San Antonio area) jannahutton@clearchannel.com

District 7: Jennifer Fielder, 512/236-9955, (Amarillo area) jfielder@riewelaw.com

District 9: Robert Soliz, 361/575.0551 (Waco area) rsoliz@cce-vic.com

District 11:   Lee Bell Ulvestad, 432/684-5782 (Midland-Odessa area) lbell@cbtd.com

District 13:   Judi Kleinschrodt, 409/849-5741 (Angleton/Galveston area) judik@jrgpc.com

District 15: Jennifer Fielder, 512/236-9955, (Amarillo area) jfielder@riewelaw.com

The following timetable is provided to guide you through the election process.

February 1, 2005:  In accordance with the Standing Rules V B, Section 5e, the voter registration deadline shall be February 1 of each year.  

February 16, 2005: Contact the Elections Subcommittee Chair for your district and request a nominating petition and, at your option, prepare a short resume to attach to such nominating petition.

Brochure or Resume:  A brochure or resume pertaining to each candidate for director may be posted on the Legal Assistant Division’s website (in the Members-Only section) and shall be prepared and furnished to the Elections Subcommittee Chair at each candidate’s own expense.  Such brochure or resume shall be received by the Elections Subcommittee Chair or the Legal Assistant Division Coordinator on or before April 11, 2005 (7 days prior to the posting of the ballots) to be included in the mailing of the ballots.  Such brochure or resume shall not exceed two 8 1/2" x 11" pages or one 8 1/2" x 14" page.

Campaigning:  After the signatures on the Nominating Petition have been verified (March 18, 2005), the nominee may begin actively campaigning.  Solicitation by mail is proper, provided that any mailing is on personal stationery or employer letterhead (provided that the employer’s permission has been obtained), or any mailing or communication by electronic mail is conducted by a member of the Legal Assistants Division.  No mailing or communication can be conducted by any individual/entity not a member of the Legal Assistants Division.  Candidates themselves, in addition to the above, may campaign by personal solicitation.  The full expense of such mail solicitation shall not exceed the sum of $500.  However, to the fullest extent possible, all communications and solicitations, whether by letter or card or telephone, should concentrate on the candidate’s merits and should avoid criticism of the other candidate or candidates.  The excessive use of telephone solicitation by persons other than candidates through the use of WATS lines and similar organized solicitation is discouraged.  Directors running for re-election cannot use Director communication as a form of campaigning.  Any incumbent director must conduct his/her campaigning by personal, separate communication.  Candidates shall avoid personal campaigning prior to 30 days before the date designated to mail or post ballots or the next following business day when the signatures on the nominating petitions for Director have been verified.

March 18, 2005:  Return your Nominating Petition, properly completed, and at your option, with a resume or brochure (for posting to the Legal Assistant Division’s website) to the District Subcommittee Chair.  (Any petition received after March 18, 2005, will not be accepted.  Faxed, Xeroxed, or telecopied nominating petitions cannot be accepted as proof of a candidate’s eligibility for nomination.)

March 29, 2005:  Elections Subcommittee Chair, after verifying signatures on the Nominating Petition, will forward a draft of the ballot to the Elections Chair.

April 4, 2005:  Elections Committee Chair shall forward ballots to the Legal Assistants Division Coordinator for posting.

April 18, 2005:  Postcards mailed for Director Election.  Voting begins online.

May 2, 2005:  Deadline for voting for Director Election.  All voting must be completed on or before 11:59 p.m., May 2, 2005.

May 3, 2005:  The Legal Assistants Division Coordinator with the Elections Subcommittee Chair for District 4 will cause such ballots to be tabulated and notify the active candidates of such election results.

If you do not have access to the Internet at home or the office, you can access the LAD website at your local library.  If you have any questions, feel free to contact the Elections Subcommittee Chair for your district.

Notice of Election for By-Law

Effective June 23, 2005

AMENDMENT #1

CURRENT BYLAW

ARTICLE III

BOARD OF DIRECTORS

Section 2. Term of Office.

A Director is limited to serving two consecutive terms.  If a Director shall be appointed to serve an unexpired term, such unexpired term shall not be considered within this provision.

PROPOSED AMENDMENT

ARTICLE III

BOARD OF DIRECTORS

Section 2. Term of Office.

A Director is limited to serving two consecutive terms.  If a Director shall be appointed or elected in a special election to serve an unexpired term, such unexpired term shall not be considered within this provision.

EXPLANATION OF REVISION

The revision is needed to clarify that a Director has the opportunity to serve two full terms if said Director chooses to do so.

AMENDMENT #2

CURRENT BYLAW

DEFINITIONS

Ballot/Postcard Mailing Date:  the date on which ballots or postcards are to be mailed by the Legal Assistants Division Coordinator to the Registered Voters in their respective Districts as shown in the timeline prepared by the President Elect.

(Amended September 1999)

PROPOSED AMENDMENT

DEFINITIONS

Ballot Notification Date: the date on which ballot notification is to be mailed by the Paralegal Division Managing Director to the Registered Voters in their respective Districts as shown in the timeline prepared by the President Elect.

(Amended September 1999)

EXPLANATION OF REVISION

This revision is needed to broaden the definition of “ballot notification” to allow for different forms of notification such as electronic notification, as well as written notification such as a postcard.  Additionally, this revision reflects the recommended title change for the Legal Assistants Division Coordinator as shown in Amendment #5.

AMENDMENT #3 & #4

CURRENT BYLAW

ARTICLE I

NAME, PURPOSE AND DEFINITION

Section 1. Name.

The name of this organization shall be “Legal Assistants Division of the State Bar of Texas.”

Section 2. Purpose

The purpose of the Division shall be to enhance legal assistants’ participation in the administration of justice, professional responsibility and public service in cooperation with the State Bar of Texas.

PROPOSED AMENDMENT

ARTICLE I

NAME, PURPOSE AND DEFINITION

Section 1. Name.

The name of this organization shall be “Paralegal Division of the State Bar of Texas.”

Section 2. Purpose

The purpose of the Division shall be to enhance members’ participation in the administration of justice, professional responsibility and public service in cooperation with the State Bar of Texas.

EXPLANATION OF REVISION

These revisions are necessary to reflect the preference of the LAD membership of the term “paralegal” as determined by a membership survey and in the adoption of the 2003 Resolution denoting “paralegal” as the preferred term over “legal assistant.”  Furthermore, it is in keeping with the current trend in the paralegal profession as evidenced by the American Bar Association adoption, at its August 2003 Annual Meeting, of the term “paralegal” in lieu of “legal assistant.”

AMENDMENT #5

CURRENT BYLAW

ARTICLE VII

FINANCES

Section 2. Annual Budget.

The Treasurer, Legal Assistants Division Coordinator, and Executive Committee shall prepare a detailed budget for the ensuing fiscal year, based upon anticipated revenues, and present same to the new Board for approval at their first regular meeting in June.

(Amended September 1994, September 1999)

Section 4. Annual Report.

The Treasurer and Legal Assistants Division Coordinator shall prepare an annual report in writing showing all assets and liabilities, including unallocated or unspent funds, plus receipts and expenditures, of the Division for the preceding fiscal year and shall submit same to the Board for review at the regular meeting of the Board immediately prior to the Annual Meeting of the general membership.

(Amended September 1999)

DEFINITIONS

     Legal Assistants Division Coordinator:   the individual with whom the Division has contracted to perform the duties of the Legal Assistant Division Coordinator.

     List of Registered Voters:  an alphabetical List of Registered Voters prepared by the Legal Assistant Division Coordinator on the Voter Registration Deadline Date pursuant to Article IX, Section 3 of the Bylaws.

(Amended September 1999)

     Marked Ballot Deadline Date:  the date on which ballots must be received by the Legal Assistant Division Coordinator in order to be tallied as shown in the timeline prepared by the President Elect.

(Amended September 1999)

PROPOSED AMENDMENT

ARTICLE VII

FINANCES

Section 2. Annual Budget.

The Treasurer, Paralegal Division Managing Director, and Executive Committee shall prepare a detailed budget for the ensuing fiscal year, based upon anticipated revenues, and present same to the new Board for approval at their first regular meeting in June.

(Amended September 1994, September 1999)

Section 4. Annual Report.

The Treasurer and Paralegal Division Managing Director shall prepare an annual report in writing showing all assets and liabilities, including unallocated or unspent funds, plus receipts and expenditures, of the Division for the preceding fiscal year and shall submit same to the Board for review at the regular meeting of the Board immediately prior to the Annual Meeting of the general membership.

(Amended September 1999)

DEFINITIONS

     Paralegal Division Managing Director:   the individual with whom the Division has contracted to perform the duties of the Paralegal Division Managing Director.

     List of Registered Voters:  an alphabetical List of Registered Voters prepared by the Paralegal Division Managing Director on the Voter Registration Deadline Date pursuant to Article IX, Section 3 of the Bylaws.

(Amended September 1999)

     Marked Ballot Deadline Date:  the date on which ballots must be received by the Paralegal Division Managing Director in order to be tallied as shown in the timeline prepared by the President Elect.

(Amended September 1999)

EXPLANATION OF REVISION

     This revision reflects the Legal Assistants Division Coordinator title change recommended by the LAD Board of Directors.  It is necessary because it reflects the “paralegal” name change preference of the LAD membership as well as the Division’s name change to Paralegal Division.

NOTICE OF NOMINATIONS / ELECTION OF PRESIDENT-ELECT

Pursuant to Standing Rule XIV of the Legal Assistants Division, State Bar of Texas, notice is hereby given of an election for the office of 2005-2006 President-Elect.  This election will be held by mail during the month of January 2005 by the Board of Directors.

     Qualifications for serving as President-Elect of the Legal Assistants Division are contained in Standing Rules XIV as follows:

XIV.  OFFICERS; B.  Eligibility

1. Any current or past Director who is currently an active member of the Division is eligible to be elected as President or President-Elect.

     Any qualified individual who is interested in running for office of President-Elect should forward a one-page resume, together with a letter of intent to run, to the nominations committee at the following address NO LATER THAN JANUARY 15, 2005:

Ginger D. Williams, CLAS  
Board Certified Legal Assistant - Real Estate  
Texas Board of Legal Specialization  
Sheldon, Jordan & Dunham, LLP  
905 Orleans  
Beaumont, Texas   77701
gwilliams@sjdllp.com

In the event the Board elects an individual who is currently serving as a Director, a vacancy will be declared in the district in which that individual serves.  An election will be held to replace the outgoing Director (President-Elect) at the time the elections for the Board of Directors are regularly scheduled.

NOTICE OF REDISTRICTING SURVEY

The Legal Assistants Division (LAD) is conducting a brief SURVEY (7 questions) to determine the best representation for the members of each district.  LAD is comprised of 16 Districts with a Director assigned to each District.  These Directors are working harder than ever for LAD members.  Since enacting the six (6) hour CLE mandatory requirement for Active and Associate Members, LAD has requested that each District Director arrange and conduct at least three (3) hours of CLE annually in each District.  As you may know, some of the districts are quite spread out geographically.  This makes it difficult for a Director to work, plan and conduct CLE in conveniently located sites.  In this regard, the Division is looking at the need to redistrict.  Please take a moment to answer the BRIEF SURVEY presented by the Ad Hoc Committee on Redistricting, located on the LAD website at www.lad.org by entering the Members Only area.  LAD is conducting this SURVEY from December 1, 2004 - January 21, 2005.  Please help us help you by taking a few minutes of your time and responding. 

Texas Paralegal Journal © Copyright 2005 by the Paralegal Division, State Bar of Texas.

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