CALIFORNIA
ASSOCIATION OF LEGAL DOCUMENT ASSISTANTS
Minutes of the
Annual General Meeting
Sacramento Convention
Center
Sacramento, CA
September 15, 2007
5:55 pm – 7:15 pm
Officers
Present:
X Carol
Ludlow, President
X Marcel
Neumann, Vice-President
X Annette
Gomez, Secretary
Directors Present:
X Tina Sandoval, Education Chair
X Nancy Newlin, Newsletter
X Debbie Driver, Fundraising
X Carl Knoll, Technology
X Connie Crockett, Legislation
X Vanessa Watson, Public
Relations
X Professional Standards, vacant
Others Present:
Noemi Artigapinto
Helen Bellamy
Jeri Blatt
Maria Dwyer
Diane Farley
Janet Greenhow
Debra Jones
Hagop Kasarjian
Marc Komer
Sheila Krebs
China Long
Tom Manning
Mary Schaaf
June Valentine
Marcheta Williams
Robin Wilson
Debra Hollis
Call to order:
The meeting convened at 5:55 p.m., President Carol Ludlow presiding.
State of the Association
President Carol Ludlow gave the
membership a review of the work that Corin Walson of Access Media, has done for
us with public relations before the conference and will do immediately
following the conference. Carol also reviewed the issues of our contract with
Superpages.com and the new newsletter which was published by Lloyd Greene, of Datamind,
which was placed in each of the attendee’s conference bag. She summarized the
status of building our website through Hitnet and the problem with the delivery
of our forum digest (Note: this was later fixed
on September 24th by Chris Donica). She talked about the
success of our new educational seminars done by teleconference, thanks to
Education chair, Tina Sandoval. Members were encouraged to increase activity
through the formation and participation in local chapters. Last, she reported
on Connie Crockett’s communications with the Judicial Council and the AOC to
further our profession. She encouraged each member to send the letter Connie
drafted and put in the “Members Only” section of our website to our yellow page
companies to clear up the issue of the “paralegal” heading. Carol closed her
speech with a most sincere and warm hearted thank you to the present board for
their support.
Approval of Minutes:
Debbie Driver moved to approve
the minutes for October 22, 2005 Annual General Meeting. Helen Bellamy seconded
the motion. All were in favor and the minutes of the 2005 Annual General
Meeting were approved as written.
Helen Bellamy moved that we
approve the minutes for the October 28, 2006 Annual General Meeting. Debbie
Driver seconded. All were in favor and the minutes of the 2006 Annual General
Meeting were approved as written.
Approval of the Treasurer’s
Report:
Helen Bellamy moved that we
approve the treasurer’s report. Marcel Neumann seconded the motion. All were in
favor and the motion to approve the treasurer’s report was carried.
Recognition of Members:
Carol Ludlow presented a gift
certificate to Steve & Kathryn Elias for their contributions to CALDA. Vice-President
Marcel Neumann took the floor and thanked the membership for their participation
and announced our Member of the Year, Janet Greenhow who was presented with a
plaque and a gift.
Open Forum
Newsletter Chair, Nancy Newlin
took over the floor and asked for feedback about how the members would like
their newsletters delivered. She shared the ability of Lloyd Greene to prepare
our materials.
Nominations & Elections
Jeri Blatt, Nominations &
Elections chairperson took over the floor for the elections. Membership Chair,
Robin Schumacher took roll call. There were 27 voting members present and 31
proxies had been received. A quorum was established. Jeri stated the rules of nominations
& elections. Robin Schumacher nominated Sue Hall for a board position who
had accepted previously before nominations from the floor were closed. Carl
Knoll, Debra Driver and Helen Bellamy were the tellers. Helen was the head
teller. After the nominations and prior to the ballots being collected one of
the members left the room, however the quorum had already been established. Carol
announced the winners. Tina Sandoval was elected the new president. Carol
Ludlow was elected the new treasurer. Robin Wilson, Vanessa Watson, Robin
Schumacher, Thomas Connely, Diane Sandoval and Sue Hall were elected as the new
board directors. Vice-President Marcel Neumann and Secretary Annette Gomez are
fulfilling the last year of their terms. A board orientation meeting will be
held on Sunday September 16, 2007 immediately following the conference.
Helen Bellamy motioned the
meeting be adjourned. All were in favor. The meeting was adjourned at 7:15 p.m.
Secretary’s Report
CALIFORNIA
ASSOCIATION OF LEGAL DOCUMENT ASSISTANTS
END OF YEAR
REPORT
Report of: Annette Gomez
To: The Governing Board of the
Association
Date: September 15, 2007
Reports that:
Since the 2006 Annual General Meeting, I have
prepared and sent out all the minutes for all the Board Meetings and special chatroom
meetings, all of which have been posted to CALDA’s website.
I have received Board reports from
the board members and attached to the minutes, which have been posted to
CALDA’s website.
I have received and saved the
minutes for the East Bay and Inland Empire Chapters.
I have conducted e-mail/fax votes
on various issues.
I have collected proxy votes from
CALDA members not attending the conference.
I have copied board email conversations to cd
disk.
Estimated Time Spend this Year:
I have not kept track.
Expenses/Costs incurred:
Phone calls, Fax charges, photocopy, e-mail –
all donated.
Agenda items:
None
Submitted by:
Annette Gomez
California
Association of Legal Document Assistants
Administrative Activities
Report of: Robin Schumacher
To: Governing Board of the
Association
Date: September 06, 2007
Reports that: The following accomplishments have
been made by the administrator:
Database Management:
Entered, maintained and updated pertinent data for members, new members,
prospective members, supporters.
Updated label lists for “LDA-Reg
Non Members”.
Membership
Support/Processing: Sent renewal notices, billings and past due notices to
all members as applicable. Processed all renewal billings, payments and mailed
conference registrations. Maintenance of current LDA/UDA/RPS registration
information on website. Updated membership renewal application. Update and
maintain printing inventory for new members. Mailed postcards and conference mailers
to all CALDA members.
Current data base inventory:
Voting Members 174
Sustaining Members 13
Student Members 7
Lifetime Members 2
Non-CALDA LDA’s 417
Total:
Amount Spent:
Administrator fee September 2006 to September 2007 $6,000.00
P O Box rental 132.00
Postage 202.30
Copies 1,442.81
Supplies 47.46
$7,824.57
Hours Spent: 500 + hours per year (includes
some Membership duties)
Submitted by: Robin Schumacher,
Administrator
California
Association of Legal Document Assistants
Membership
Committee
Report of: Robin Schumacher
To: Governing Board of the
Association
Date: September 06, 2007
Reports that: The following accomplishments have
been made by the Membership Committee:
All prospective member packets were
mailed upon request and all new and renewal member packets were assembled and
mailed. Members were also billed via email. Follow-up emails and telephone
calls to those members not renewing/late paying.
Answered phone calls and emails
regarding CALDA questions, and interest in CALDA.
Planned and coordinated seminar
scheduled for June 23, 2007, then rescheduled for November 2, 2007 in Fresno. Weekly meetings assisting with brochure project. Assisted in review of brochures
and billing from previous brochure project.
Current Membership Status: 196
Members
Committee Members: None
Estimated time spent this year: 350 + hours
Expenses/costs
incurred this year: Long distance telephone charges
approx.
$120
– donated
Other
expenses listed under Administrator’s report
New Business Items: Request
and obtain current LDA lists from all counties. Request the lists in January,
2008 and have the new data base compiled by April 30, 2008.
Submitted by: Robin
Schumacher
Education
Chair
California
Association of Legal Document Assistants
End
of Year Report
Report of: Tina R. Sandoval
To: Governing Board of the
Association
Date: September 15, 2007
Reports that: The following accomplishments have
been made by the education chair:
1)
Coordinated the following Monthly Educational Seminars :
- 03/15/07 - Process Serving by Dave Driver, Andrew Voller
and Sheila Krebs
No. in
attendance: approx. 15
- 04/18/07 – Wage Garnishments & Bank Levies by Christopher
Busey
No. in
attendance: 13
- 05/25/07 – Unauthorized Practice of Law by Richard Lubetzky
No. in
attendance: approx. 18
- 06/19/07 – California Corporations by Dianne Sandoval
No. in
attendance: 11
- Tentative Schedule (subject to change)
October –
Marketing by Carl Knoll – pending date
November –
Family Law by David Hogue, Esq.
December –
Probate by Michael Karby, Esq.
I am preparing a procedure binder
on how to coordinate and schedule the monthly educational seminars.
2) MCLE
- sent certificates to those who participated in the 04/18/07, 05/25/07 and 06/19/07 monthly educational seminars. It is my goal to forward certificates
via email upon completion of each seminar.
3) MCLE
2007 Provider Renewal – I sent in the renewal application for CALDA to
continue as an MCLE provider for the State Bar of California. The application
was due 09/01/07. The renewal is good for 3 years.
4) Brochures
& Questionnaires
- Attended weekly meetings with the brochure committee
regarding the brochure project to discuss the various stages of each
brochure, such as who is writing it, proofread, reviewed by attorney for
content, formatting, placement on the website.
- Approximately twenty (20) brochures in various stages.
5) Summer
Rally – Robin Schumacher and I coordinated the planning of the Central
Valley Rally “Linking the Legal Community” which was previously scheduled for June 23, 2007, however due to low registration the seminar was continued to November 2, 2007. Local attorney offices were notified by placing flyers in attorney
boxes in Fresno, Madera and Tulare County courthouses. Flyer was emailed to
hundreds of attorneys via the Legal Directory. We have confirmed four (4)
attorney speakers, one judge, and one computer guru to speak on November 2.
6) 2007
Conference – Worked with the Conference Chair in obtaining speakers for
the 2007 Conference. Drafted a tentative Agenda. Assisted in the mailing of
1000 conference registration mailers. Preparing MCLE Attendance forms and
MCLE Certificates to be handed out at the end of each workshop at conference.
Assisted with mass emails to the members of e-blasts and reminders.
Estimated time spent this year: Unable to
determine; estimate 10-20 weekly
Expenses: Postage,
faxing, copies - donated
New Business Items: None
Submitted by: Tina R. Sandoval
FUNDRAISING REPORT
CALIFORNIA
ASSOCIATION OF LEGAL DOCUMENT ASSISTANTS
ANNUAL CONFERENCE FOR 2003
Report of: Debbie Driver - Fundraising Chair
To: The Governing Board of the Association
Date: September 5, 2007
Reports that: I was assigned this position part way through
this last year. I have made the following accomplishments:
1. Attended all Board
Meetings.
2. Provided an
Article for the Newsletter being sent out just prior to Conference.
3. Worked with the
former Fundraising Chair to get new disclosure signs and mailed new signs out
to members who had ordered and were waiting for new ones.
4. Ordered CALDA logo
vinyl window stickers as a new product to sell on our website.
5. Sent out
invitation letters to potential vendors for our 2007 Conference and followed up
with telephone calls.
6. Shopped for items
to put in Conference attendees Conference Bags and made phone calls requesting
donations from vendors of items to place in the Conference Bags. Also made
phone calls requesting donations of items to raffle at Conference and shopped
for gifts for the raffle.
7. Prepared a
Brochure and Questionnaire regarding Evictions and prepared a Brochure
regarding Guardianships.
And hereby recommend to
the Governing Board:
1. No recommendations
at this time.
To Do List: Finish preparations for Conference, man the CALDA
vendor table at Conference, sell raffle tickets and conduct the raffle at
Conference.
Names of Committee
Members: None.
Estimated time spent this
year: Did not track.
Expenses/costs incurred: Some postage costs for mailing products ordered
by members from website plus cost paid out for new CALDA logo vinyl window
stickers. Exact amount unknown but should show up in Treasurer’s Report.
Agenda Items:
1. None.
New Business:
1. None.
Submitted by: Debbie Driver, Fundraising Chair
Public Relations’ Report
CALIFORNIA ASSOCIATION OF LEGAL DOCUMENT ASSISTANTS
END YEAR REPORT
Report of: Public Relations Committee Chair
To: The Governing Board of the Association
Date: September 15, 2007
Reports that:
I
was appointed Technology Committee Chair in February 2007 to oversee and
handle
any technical issues regarding the forums and CALDA’s website.
In
June 2007, I was then re-appointed as Public Relations Committee Chair to
oversee
and promote the organization through media and advertisement and had several
conversations
with the President and Vice President, regarding my duties. As PR Chair, I
communicated
and met with Corin Walson, CALDA’s PR chairperson for the
conference,
regarding future PR promoting, media and advertisement.
Submitted
by:
Vanessa Watson, Public Relations Chairperson
California Association of Legal Documents Assistants
Legislative Chair Annual Report
September 13, 2007
Report of: Connie Crockett, Legislative Chair
To: The Governing Board of the
Association
Date: September 13, 2007
Reports that:
I have been involved in
various aspects of this organization that are directly and indirectly related
to legislative activities. During the remainder of my term as a director, I
will continue working on the procedures manual.
This year the Legislative
committee prepared a Asuggested@ letter for other members to send to telephone
directory companies in their respective areas regarding yellow page advertising
of LDA=s and paralegals. This Asuggested@ letter is now posted on the CALDA website under the
Member=s Only section. (See attachment AA@)
The Legislative committee
also submitted a request on behalf of CALDA to modify the Judicial Council
forms to include room the for the LDA stamp and to delete the word Aadvice@ under certain JC forms requesting LDA information
(i.e. UD-105, item 7).
A memorandum prepared by
this Legislative committee was reviewed by the Administrative Office of the
Courts (AAOC@) and forwarded to their education committee for
further review. This memorandum was directed to the creation of education for
lawyers and consumers regarding the difference between LDAs and paralegals.
(See attachment AB@)
This committee also
submitted a response to an invitation to comment on a program involving the
Administrative Office of the Court developing guidelines for the operation of self-help
centers (item SPRO7-35). Our intent is to let the AOC know CALDA exists, and
suggest the guidelines they have been charged to create include a ANotice to Consumers@ to be conspicuously placed at every site defining
the difference between a paralegal and LDA and the fact that LDAs are
registered and bonded.
There are two committee
members: Helen Cameron and Kerry Spence Suendermann
Estimated time spent this
year: not tracked
Expenses, costs incurred:
minimal postage, donated
Agenda items: None
Submitted by: Connie
Crockett, Legislative Chair
"California law prohibits paralegals from contracting
with members of the general public. Ads at this heading are directed towards
attorneys of law."
OPTIONAL INSERT AT
YOUR OPTION, FILL IN THE BLANKS:
Currently, your 200__ phone directory contains a Legal
Document Assistant heading (page ____) and a Paralegal heading (page
____) with no notice to the consumer as to the difference between an LDA and
paralegal (see enclosed brochure describing the difference between and LDA and
a paralegal).
I am asking that
you consider adding the following language to your telephone book Paralegal
heading:
"California law prohibits paralegals from contracting with members of the
general public. For consumers wishing to handle their own legal matters, please
go to the heading Legal Document Assistants (LDA). For matters beyond the
scope of the LDA, the consumer will be directed to contact an attorney."
I am informed
that CALDAs legislative committee is first seeking
response from companies like yours before looking into other remedies, such as
legislative action to make it mandatory for telephone directories to comply
with the law or be penalized.
Please feel free to contact Connie Crockett, CALDA's Legislative
Chair to discuss any concerns or suggestions you may have about this letter.
It is up to all of us to do what we can to protect the consumer.
Sincerely,
Your name here
Enclosure
cc: CALDA
Legislative Committee
Connie
Crockett's Contact Information:
P.O. Box 1461
Nevada City, CA 95959
(530) 265-0192
ccrock1@hotmail.com
ATTACHMENT B
MEMORANDUM RE
Consumer Awareness about Legal Document Assistants and Paralegals under B&P
6400 et seq.
FROM: Connie
Crockett, CALDA Legislative Committee Chairman
May 11, 2007
CALDA was
originally formed under the
name of CAIP (California Association of Independent Paralegals) in 1988, and in
1998 Legal Document Assistants (hereafter LDAs) were created under Business and
Professions Code section 6400 et seq. CAIP changed its name to CALDA. Members are required to
prove their registration, bond and meet continuing education requirements
imposed by the organization.
LDAs are
required to register every two years with their county recorder after meeting
all statutory requirements and pay a registration fee of $175 (B&P 6404).
LDAs are also required to submit proof of a
$25,000 bond (B&P 6405) to be renewed every two years with their
registration (approximately $450 per renewal). The LDA is also required to
stamp each document prepared by them with specific information, including their
registration number and county of registration.
CALDA holds a UPL class (Unlawful Practice of Law) at every annual
conference to provide guidance about various UPL issues including advertising.
We also hold workshops with various CALDA chapters on UPL. CALDA members are
cautioned about listing their services under the Paralegal headings in any
phone directory. Although LDAs are not prohibited from contracting with
attorneys, members are cautioned to have an address and phone number separate
from their LDA listing to avoid any confusion. B&P 6408.5.(a) specifically
states that registration information is not required in yellow page listings, of three lines or less
that state only the name, address, and telephone number of the legal document
assistant. This opens the door for anyone to hold themselves out as
Paralegals or LDAs to the consumer who only knows the word Paralegal and
remains unaware of the LDA law, after 9 years.
CALDA would like
to focus on:
7)
Most phone
directories are unclear about the LDA heading and Paralegal heading. CALDA
members have been encouraged to individually contact these phone book companies
(which are numerous and vary in each city), and advise them that Paralegals may
no longer provide legal services to consumers. We have suggested this heading
contain a referral to the LDA heading with a consumer alert about the
difference between an LDA and Paralegal and warning that Paralegals may not
contract with consumers. We will continue our efforts to have CALDA members
send letters to these phone book companies and will continue other efforts to
remedy this, including proposing legislation if necessary. (Based on our
preliminary research, phone book companies remain unregulated.)
8)
The smaller
phone book companies who do not solicit consent to be listed in their
directory, take the LDA listings from larger books and place them under a Paralegal heading in their book, unbeknownst
to the LDA who is trying to conform to the law by restricting their listing to
the Legal Document Assistant heading. We believe a consumer awareness campaign
is long overdue.
Additionally,
some attorneys are unaware that their Paralegals may not help consumers outside
of the scope of their practice. I have personally informed two attorneys in my
area of this and believe many more remain uninformed of this law. Locally, our
judge obtains a list of registered LDAs from the county recorder and I am
informed he will not enter a family law judgment prepared by an unregistered
LDA or Paralegal working for the self-represented. This policy alone would
have a substantial impact on non-complying LDAs and Paralegals, thereby further
protecting the consumer. Although the District Attorney is charged with
enforcing the LDA statute, this issue is not high priority and deserves
education and media first to minimize damaged consumers and the amount of tax
dollars spent investigating and prosecuting non-complying LDAs and Paralegals.
CALDA
believes it is also necessary to reach out to the legal community, to educate attorneys
and judges who may not know the turmoil consumers now face insofar as consumer
notice regarding LDA’s and Paralegals and those posing as such. We are
submitting a Response to the Invitation to Comment on SPR07-35 regarding
proposed rule 10.960 and self-represented litigants. We will request that the
AOC include in their guidelines of operation of self-help centers, a
requirement that a large Consumer Notice be posted at every site, discussing
the difference between LDAs and Paralegals (including the JC website).
CALDA is
implementing plans to pay for sponsored links on the internet under Paralegals
and Legal Document Assistant etc. headings which will link to an online
consumer warning on the CALDA website, describing the difference between LDAs
and Paralegals. Any other suggestions, referrals or opinions the Judicial
Council may have on consumer awareness and education of judges and attorneys,
would be most welcome. I am hopeful we are able to establish a working
relationship that will benefit the California consumer in their search for legal self-help.