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September 15, 2007 Annual Meeting:

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

 


Attachment A

 

SUGGESTED LETTER TO PHONE BOOK COMPANIES

 

(ON YOUR LETTERHEAD)

 

Attention: Legal Department

 

I am a Legal Document Assistant (formerly referred to as a paralegal) and a member of the California Association of Legal Document Assistants (CALDA), who is affiliated with the National Association of Legal Document Preparers (NALDP).  CALDA has encouraged members like me to write to phone book companies in our area.

 

In 2000, Business and Professions Code section 6400 was enacted, redefining the term paralegal, and creating the term Legal Document Assistant (LDA).  One impact of this law was that Business & Professions code 6450 (b)(3) specifically prohibits a paralegal from working directly with the public. 

 

Since 2000, paralegals may only work for attorneys.  LDAs must be registered and bonded but this registration information is not required in yellow pages listings of three lines or less  per B&P 6408.5(a).  This alone opens the door to any unqualified person to hold themselves out as qualified to provide assistance to the consumer.

 

To add to this confusion, LDAs may also perform paralegal work if they also work under the direct supervision of an attorney.  A paralegal who is registered and bonded as an LDA may work directly with the public. Many LDAs who do not work with attorneys do not advertise under the paralegal heading because under B&P 6452 (a) it is unlawful for someone to identify themselves as a paralegal in an advertisement unless they work for an attorney.  There are some telephone book companies that unilaterally list LDAs under the paralegal heading, unbeknownst to the LDA, which violates the law (if the LDA is not working under an attorney).  It seems this could subject the LDA to legal action and in turn, the phone book company would also be named in any resulting litigation.

 

Many telephone directories (such as yours), consumers and, unfortunately many paralegals and lawyers, remain unaware of the changes in this law. This results in consumers receiving services from unregistered and unbonded paralegals that should not be working with the public.  These misleading headings also create an unfair business advantage for those qualified LDAs whose business has been lost to a paralegal that is breaking the law by advertising under the paralegal heading in your telephone directory.

 

Since Business and Professions Code 6450 (b)(3) is specifically geared toward consumer protection, your telephone directory heading can play a large role in affording the consumer the protection that they deserve.  When consumers unwittingly retain paralegals instead of LDA's they are not receiving the protection to which they are entitled.  I know that your company would want to extend this protection to the consumers how use your directory.

 

Some telephone book companies have adopted language to clarify this.  For instance, in the A T & T Yellow pages, the Paralegal heading also states,


"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. 


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