Texas Advanced Paralegal Seminar 2008,
San Antonio, TX
by Patti Giuliano and Susan Wilen, San Antonio
Another TAPS is in the books
and was another resounding
success. Of course, none of
this could have happened
without our very dedicated
committee. A very special
THANK YOU to Patti Giuliano
(San Antonio), Chair; Rhonda
Brashears (Amarillo) Board Advisor
and Volunteer Coordinator;
Gloria Porter (Lewisville) and
Lynn Domangue (San Antonio)
Marketing; Melanie Langford (San Antonio)
Door Prizes; Cel Wiginton (Midland)
On-Line CLE; Javan Johnson (Longview)
and Kristy Ritchie (San Antonio) Socials;
Jennifer Barnes (Houston) Registration;
Ellen Lockwood and Jodye Kasher (both
from San Antonio) Speakers; Debbie Oaks
Guerra (Flower Mound) Vendors; Frank
Hinnant (Innovative Legal Solutions,
Houston) and Jim Hollerbach (Hollerbach
& Associates, San Antonio), Special Advisors;
and Norma Hackler (Austin) PD
Coordinator and Meeting Planner.
Educational Presentations:
Ellen Lockwood and Jodye Kasher did a
fabulous job scheduling quality, thoughtprovoking
speakers. Across the board we
have received very favorable comments
about our speakers, even from other
speakers. Craig Ball and Todd Hedgepeth
have already offered testimonials to be
used in next year’s marketing materials.
Mr. Ball’s review of our event reads “TAPS
is TOPS...in breadth of coverage, practical
relevance and, above all, educational
value.” Every hour is jam-packed with
useful tips from thought leaders, helpful
advice from peers and valuable takeaways.
How do they deliver so much top-notch
content and fun at such low cost?” That
pretty much sums up my feeling as well.
Patricia Sitchler, an Estate Planning
attorney from San Antonio, offered sage
advice in her presentation “Acid Rock to
Acid Reflux: How Boomers Pay for Disability.”
She gave a complete overview of
what disability and long term care options
are available for retirees, discussed the differences
between Medicare and Medicaid,
and made recommendations for management
of assets for individuals and families
of those caring for impaired family members.
This information was relevant for the
paralegal in the workplace, and on a personal
level for our own lives. Her presentation
was both practical and enlightening.
Daniel R. Stern, a TBLS Board Certified
Attorney in Labor and Employment Law
from San Antonio, presented “Update:
The New Amended Family and medical
Leave Act-Now More Complicated Than
Before,” discussed the Family and Medical
Leave Act being considered as part of the
National Defense Authorization Act of
2008. He offered perspectives on the merits
and the potential pitfalls of the proposed
legislation, as well as practical recommendations
for paralegals to consider
in their work world.
Rudy Garza, a TBLS Certified Attorney
in Civil Trial Law and Personal Injury Trial
Law from San Antonio, discussed “Fiduciary
Duty.” He explained that attorneys
and paralegals have fiduciary responsibilities
to clients that are irrevocable as long
as there is an attorney-client relationship.
These responsibilities demand absolute
loyalty to the client without any competing
self interest. He also addressed other
fiduciary responsibilities in the workplace
including employers, banks, accountants,
security brokers, insurance companies,
and individuals who enter into contracts.
In our personal lives, fiduciary
responsibilities may include Powers
of Attorney, trustee and executor
functions, and spousal relationships.
He emphasized that fiduciary
duties include transparency,
namely that there is no competing
interest, there is full disclosure,
impartiality, prudent management
of accounts, and a duty to enforce
claims. Lastly, he discussed the
ramifications for breach of fiduciary
trust and the possible penalties for
such failure.
On Thursday morning, Attorney John
Weber, a Products Liability attorney with
Fulbright & Jaworski, LLP in San Antonio
presented “Investigation and Discovery in
the Development of a Product liability
Case.” He gave a thorough outline for
paralegal involvement in case development
and a practical understanding of the many
ways paralegals can contribute to a successful
outcome in a case, regardless of
whether the paralegal is on the plaintiff or
defense side.
Judge Pamela Mathy, a U.S. Magistrate
Judge in San Antonio, gave “The History,
Development and Current Uses of the
magistrate System in Federal Court: How
to Make Magistrate Court Work for You.”
She gave a useful history of how the Magistrate’s
Court evolved in the judicial system
and how the Magistrate Court serves
the legal process. She explained that “the
judge’s responsibility is to find the law and
apply it correctly.” She reinforced that
time needs to be respected because speedy
trials demand efficient use of time by all
parties. She also emphasized the need for
civility in the courtroom by all parties and
the willingness of the court room deputy
to provide assistance in procedural issues.
Robbie Greenblum, an attorney from
San Antonio, discussed “Legally Employing
Foreign Nationals-What Companies
Need to Know.” Although his paper discussed
the different types of visas and the
problems encountered by persons seeking residence and employment
in the United States, this
session became an active
question and answer session
between Mr. Greenblum
and the paralegals attending.
There were a full range
of challenging questions
offered, and an equal number
of answers providing
useful information for all
persons attending. Everyone
participating in this session
left with a new understanding
of immigration issues and an appreciation
for the complexity of the problems
generated by the current laws.
Glenn Cunningham, a Personal Injury
attorney from San Antonio, presented
“New Paradigms-Life After Tort Reform.”
He addressed the political and legal
dynamics of the passage of House Bill 4 in
Texas that ultimately evolved into tort
reform in Texas, and how those changes
affected his practice of law. He explained
that the $250,000.00 cap on non-economic
damages generated a “new paradigm” in
what opportunities are now available for
pursuit of claims. Revenue streams for
plaintiffs have shifted to product manufacturers,
drug companies, and Health Maintenance
Organizations instead of hospitals,
physicians, and nursing homes. He also
indicated specific ways in which he has
pared his expenses in working up a case,
namely negotiating lower rates with vendors,
avoiding costs for record retrievals
by ordering selective medical records, and
asking defense firms for copies of records.
Although his perspective was clearly from
the plaintiff ’s point of view, his outline of
changes made in his practice
gave those on the defense side a
valuable insight into how tort
reform has changed the legal
landscape in Texas.
Thomas Crosley, a Personal
Injury attorney from San Antonio
addressed “Litigation of
Motor Vehicle Cases.” He
explained the various components
of an automobile policy
and the how coverage issues vary
according to the fine print in the
policy. Personal Injury Protection
coverage was discussed in detail, as
well as Uninsured/Underinsured Motorists
coverage. Policy limits were defined and
clarified with respect to settlement credits
and offsets. He also defined affirmative
defenses which are the defendant’s burden
including proportionate responsibility,
sudden emergency, sole proximate causation,
unavoidable accidents, and acts of
God. Other defenses might include preexisting
conditions, independent contractors,
failure to mitigate damages, failure to
use seatbelts or helmets, or failure to seek
timely medical care. Specific recommendations
for case development included
client interviews, accident reports, photos
of the accident scene and injuries, and
medical records. Damage experts could
include physicians and other health care
providers, medical examiner, toxicologist,
life care planners, vocational rehabilitation
experts, economists, and possible independent
medical examinations. His final
recommendation for all paralegals dealing
in this type of litigation is to “begin with
the end in mind,” the philosophy that you
need to get all your information at the
beginning of a case so that you
are prepared for all possibilities
at the end of a case. Good counsel
for all litigation.
Michael McCrum, a
criminal defense attorney from
San Antonio, addressed the
many different issues in “Innocent
Until Proven Guilty?” “The
Death Stalker Scorpion” was
used as the metaphor for the pitfalls
of a criminal case which
could subsequently undermine
the case irreparably. He
explained that the scorpion of any case
must be identified, acknowledged, and
dealt with. The “scorpion” can often be
neutralized by turning negatives into positives
in a case. However, it is essential that
the defense team must be in sync in order
for negatives be recognized and turned
into positives. It is also essential for all
team members be educated about the
most important issues of a case and to be
able to articulate the “talking points.”
Affirmative motions, such as motions in
limine, must be an integral part of any
defense to advance the core position of the
team, and discovery requests must be used
to define “the elephant in the room.” Lastly,
he explained that the “Death Stalker
Scorpion” can also be a source of life in
that the toxin from the scorpion has been
used to identify malignant cells for radiation
for those with brain tumors.
Carrying the metaphor further, Mr.
McCrum explained that something inherently
good can come from a threatening
situation. All clients deserve zealous representation
in order for the legal system to
remain healthy and strong.
Lastly, Linda Levy, a
librarian from the University of
Texas at San Antonio Health Science
Center Library, offered
“Legal Medical Research for
Paralegals Using the PubMed
Database.” This seminar provided
invaluable resources for the
paralegal to use the national
library of Medicine to research
medical resources at no cost. She
demonstrated several different
ways to search the database using
specific medical terminology or subject headings in isolation or combination.
She also demonstrated how searches
can be limited to specific publications,
dates, medical errors, named procedures
or standards. This was not only an informational
seminar it was an opportunity to
see how the database is structured and
specific strategies to obtain the information
you need.
Socials:
The TAPS socials were outstanding and
enjoyed by all. The Wednesday evening
“welcome” social, The Gang’s All Here,
was held at the Omni Hotel and featured
fortune tellers and card tricks, and some
light appetizers. The Thursday night
social, A Little Bit of Texas…at the TAPS
Corral (at Rio Cibolo Ranch), was also a
great success with people enjoying a fabulous
buffet, a rodeo, and cowboy storytelling.
Our attendees also really enjoyed
donning cowboy hats and having their picture
taken with a real live longhorn. The
weather really cooperated and it was a
beautiful evening to be outdoors.
The Friday luncheon, The Final Frontier,
was again our culminating event.
Michael Maslanka, a Partner in the Dallas
office of Ford & Harrison, was our keynote
speaker and he received very favorable
reviews. Mr. Maslaska’s presentation entitled
Jerks Run Wild: The New Workplace
Incivility and What to Do About It was
both educational and humorous as he gave
us some points to consider when dealing
with difficult people not only in the workplace,
but in life in general.
NewLine Legal Practice Support again
sponsored a $1,500 cash prize which was
awarded at the end of our luncheon.
Attendees make themselves eligible for our
grand prize by visiting all the vendors in
the Exhibit Hall. While the information is
for our benefit, the vendors like it equally
as well since they get to meet our attendees,
and their potential customers, face to
face. It’s a win-win for all of us.
Last but not least, the TAPS 2008 Vendor
Exhibit Hall was superb. There were a
total of 31 exhibiting legal service companies,
7 social sponsors, and a grand prize
sponsor. The sponsors are listed at the end
of this article. The Paralegal Division
thanks each sponsor that made this year’s
event a great success. If at all possible, the
Division is asking each PD member to use
these companies as a special thank you for
their support.
Save the date and plan to attend TAPS
2009. The Division will celebrate TAPS 11th
anniversary—and it will be held in League
City at the South Shore Harbour Resort on
October 14-16, 2009.
TAPS 2008 Sponsors and Exhibitors
Wednesday Social
CT, A Wolters Kluwer Business
www.wolterskluwer.com
Thursday Social
Hollerbach & Associates
www.hollerbach.com
Innovative Legal Solutions
www.innovativelegalsolutions.com
National Registered Agents, Inc.
www.nrai.com
Team Legal
www.teamlegal.net
Ajilon Legal
www.staffwise.com
Center for Advanced Legal Studies
www.paralegal.edu
Grand Prize Sponsor
NewLine Legal Practice Support
www.newlinelegal.com
Attendee/Vendor Directory
Innovative Legal Solutions www.innovativelegalsolutions.com
CD Rom Speaker Diskette Sponsor
Litigation Solution, Inc. www.lsilegal.com
Tote Bag Sponsor
Legal Partners, LP www.thelegalpartners.com
Padfolio Sponsor
HG Litigation Services www.hglitigation.com
TAPS Signage Sponsor
Texas Star Document Services www.texasstardocs.com
EXHIBITORS
Ajilon Legal—www.ajilonlegal.com
Blumberg Excelsior—www.blumberg.com
Capitol Services, Inc.—www.capitolservices.com
CaseFileXpress—www.casefilexpress.com
Center for Advanced Legal Studies—www.paralegal.edu
Courtroom Sidekicks—www.courtroomsidekicks.com
CT, a Wolters Kluwer Business—www.ctlegalsolutions.com
Esquire Deposition Services—www.esquiredeposition.com
Flashback Data, LLC—www.flashbackdata.com
HG Litigation Services—www.hglitigation.com
Hollerbach & Associates—www.hollerbach.com
Innovative Legal Solutions—www.innovativelegalsolutions.com
ISIS Investigations—www.isisinc.com
Hundt Reporting—www.hundtreporting.com
Kelly Law Registry—www.kellylawregistry.com
Legal Partners, L.P—www. legalpartners.com
Litigation Solution, Inc.—www.lsilegal.com
M & M Video Systems—www.mmvideosystems.com
NALA—The Association of Paralegals – Legal Assistants (NALA)—www.nala.org
National Federation of Paralegal Associations, Inc.(NFPA)—www.paralegals.org
National Registered Agents, Inc—www.nrai.com
One Legal, Inc.—www.onelegal.com
Paralegals Plus, Inc.—www.paralegalsplus.com
Reliable Document Retrieval, LLC—(512) 416-8415
Rimkus Consulting Group, Inc.—www.rimkus.com
Scarab Consulting—www.consultscarab.com
Strategic Litigation Parnters—www.slplegal.com
Sunbelt Reporting & Litigation Services—www.sunbeltreporting.com
Team Legal—www.teamlegal.net
Texas Star Document Services—www.texasstardocs.com
U.S. Legal Support, Inc.—www.uslegalsupport.com
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