here - Palmetto Paralegal Association

PPA In BrIef
Palmetto Paralegal Association
Quarterly Publication
March 18, 2015
Volume 27
Number 1
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3
News Views From Your President
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inside this issue
calendar
executive board
committee reports
meeting minutes
articles of note
birthdays
paralegal of year
treasurer’s report
We are now well into 2015 and PPA has already seen a lot of activity in the first
quarter of the year! We started out 2015 with one of our major projects of the year:
exhibiting at the South Carolina Bar Convention which was held from January 21
through January 25. It was a very interesting experience to be able to speak with
a wide variety of participants about PPA’s objectives and benefits. I am very thankful to those members who were able to assist with setting up and manning the
booth during the convention; your assistance was very much appreciated!
For those of you who have been able to attend the monthly membership meetings, I am sure you have noticed some of the changes this year: the most obvious
is that we are going to be holding the majority of our meetings at Agape Conference Center in downtown Columbia. This venue allows us to offer a central
meeting place with parking, excellent tech support for speakers’ Powerpoint presentations, and adequate room for participants (not to mention the excellent food
provided by Michael’s Catering). We will also be seeking to have at least one “field
trip” meeting at a location such as a court or agency at some point in 2015.
We are planning for a half-day seminar in October and preliminary preparations are already underway for this event; we will be updating you as additional
information is finalized. This seminar is a joint effort led by three committee
chairs: Coordination, Education, Ways and Means. If you have any suggestions
for the upcoming seminar, or if you are interested in helping with the seminar
planning, please feel free to contact me or any of the committee chairs. If you have
any suggestions for speakers for our membership meetings in 2015 or other ideas
concerning the CLE format in general, please pass those along to our new Education Chair, Heather Vardell.
PPA’s website also underwent a major design change in 2014; if you have not
yet seen the new look, I invite you to visit the site at www.ppasc.org and check it
out. We have incorporated our new logo with a more streamlined design (featuring rotating photos of Columbia in the background) and we hope to develop and
refine the website even further in the coming year. We have begun sending the
monthly membership meeting invitations by email and Outlook invitations as the
Board voted last year to discontinue our CVent contract. This decision will result
See following page
2015 Executive Board
Front Row (left-right) Heather Vardell, Laura Hawkinson, Kelli Spinks, Tammie Pope, Carol Caulk and Linnea Hann
Back Row (left-right) Donna Whigham, Liz Cody, Debra White, Tyrone Johnson and Wynne Potash.
Not pictured: Melissa Taylor.
President’s Letter continued
An updated list of the 2015 Board members can be
found on page 10; with a photograph above. Please
take a few minutes to review this information and
please consider joining a committee in an area where
you may be able to assist. When I initially joined PPA,
I found it a little overwhelming, and I did not know
many of the people at the monthly membership meetings. However, becoming involved as a committee
member really helped me to become involved with
the Association on a smaller scale and to get to know
and work with other members in a smaller and less
formal basis. We have an amazing group of members
with a variety of skills, talents and resources. We
would love to have your input and assistance in whatever capacity your schedule will allow; please help us
make 2015 a great year for PPA!
in a significant cost savings to PPA, but please bear
with us as we work out the replacement system for
meeting RSVP’s. We will attempt to keep the website
as current as possible so that you will be aware of
details of upcoming membership meetings and events.
We continue to seek ways to grow and improve
our organization and I am excited about the opportunity to serve as PPA’s president in 2015. In recent
years, we have seen various trends and developments
in the legal profession which have resulted in challenges for our members and for PPA as a whole. My
ultimate goal for this year is that we can all work
together to strengthen the organization and provide
networking, resources, and educational opportunities
to give our members the support that they need to be
successful in their careers. We have an excellent group
of paralegals serving on the 2015 Board, and I am
looking forward to great things in the coming year.
Laura Hawkinson
2
PPA
Photograph by Deanie Kane
Palmetto Paralegal Association
IN BRIEF
A Quarterly Publication
of the
Palmetto Paralegal
Association
Elizabeth English Cody
Jan Garrison
[email protected]
[email protected]
[email protected]
www.ppasc.org
Palmetto Paralegal Association
Post Office Box 11634
Columbia, SC 29211-1634
An Affiliate of
from the editor...
H
ello everyone and I hope you all have had a great start to
the 2015 year. I’m Elizabeth English Cody and I am your
2015 PPA Newsletter Chairman. I am a Worker’s Compensation
Paralegal with McAngus, Goudelock & Courie, LLC in Columbia. July of this year will mark eight years that I have been
working with my Firm. I have enjoyed being a part of PPA and I
look forward to serving as the Newsletter Chair and providing
you with interesting and beneficial information for today’s Paralegal. If you would like to join the Newsletter Committee, you
may email me at [email protected]. Please feel free to contact committee chairpersons if you have additional questions or
want to volunteer your assistance with the various committee
activities. I thank you for giving me the opportunity to serve as
your Editor for the In Brief and I hope you all enjoy this issue.
Any feedback you have to contribute to the publication of your
newsletter would be greatly appreciated.
Elizabeth English Cody
Editor
2014 PARALEGAL OF THE YEAR
LAURA HAWKINSON
A
Middle School, the Greater Columbia Area
Mothers of Twins Club, Boy Scouts of
American, and March of Dimes. Laura also
enjoys ice skating and currently teaches as
a Basic Skills Instructor with the U.S. Figure Skating Association’s Learn To Skate
program at Plex Indoor Sports.
t the December membership meeting, Laura
Hawkinson was presented
with PPA’s Paralegal of the
Year award for 2014. Laura
has been a paralegal since
1989, when she began
working with a predecessor
firm of Rogers, Townsend &
Thomas. She is currently employed with McAngus Goudelock and Courie where she
works with Jason Lockhart, Esquire in the practice area of
workers’ compensation defense.
She is a graduate of the University of South Carolina with a
B.A. degree in English and also
attended Midlands Technical College, attaining a certificate in
Legal Assisting. Prior to becoming a paralegal, she
worked as a claims assistant and claims supervisor
at a local insurance company, the Randolph W. Hope
Company, processing and administering workers’
compensation claims.
Laura has been a member of PPA for the majority of her career as a paralegal and has served on
PPA’s Executive Board for several years as the
Newsletter Committee Chair and the Paralegal
Awareness and Marketing Chair. In 2014, she oversaw the redesign of PPA’s website. In September
2014, she was elected to fill a vacated position as
the 2014 President Elect, to serve as PPA’s 2015
President.
Laura lives in Chapin, South Carolina with her
husband, Robert, her 16-year-old twin sons, Paul and
Cory, and three cats. In her spare time, she enjoys
reading, cross stitching, photography and spending
time with her family and supporting her sons who
are active in local high school and travel ice hockey
programs. She has participated in volunteer activities with numerous organizations in the past, including Lake Murray Elementary School, Chapin
k
QUOTES
FROM
NOMINATION LETTERS
Laura has been involved with PPA
since it was CLAA. She has tirelessly
served on the board for more years
than I can count. She handled our
newsletter almost singlehandedly for
numerous years. She is always available to help with any problems and
has a kind and gentle way which has
helped to soothe many issues over the years. She
listens and thinks before presenting ideas that usually make the best sense. Her loyalty to PPA is to be
commended. We are very lucky to have Laura involved with the leadership of PPA and I am proud to
know she will take the lead next year as President.
PPA needs more people like Laura to serve on the
board and keep PPA as a leader in local paralegal professional associations. Please consider her for PPA’s
paralegal of the year. It is well deserved.
k
I have had the privilege of working with Laura
since my beginning days as a legal secretary at
Rogers Townsend & Thomas. As a legal secretary, I
worked for an attorney who could not keep a paralegal. When he was in-between paralegals, he would
lean on me to get the paralegal work done. Laura
very graciously stepped up to help not only to train
me, but to encourage me to enter into the paralegal
profession. She even helped me to get the job that I
have had for the last 19 years. Since that time, she
has been a steadfast source of legal knowledge, and
a wonderful person to go to when I need input on
(continued to following page
4
2014 PARALEGAL OF THE YEAR
LAURA HAWKINSON
QUOTES FROM NOMINATION
LETTERS CONTINUED . . .
tough issues. Her knowledge of the Workers’ Compensation Act is extensive, and her ability to solve problems and think “outside of the box” is second to none.
Laura is also very technically savvy. She has striven to
learn all she can about every computer program she has
used throughout her career, and has used that knowledge
to the benefit of the firms for which she has worked.
Laura has been a member of the Palmetto Paralegal
Association ever since I have known her (which is over
20 years), and has always been ready to serve our organization in any way she can, even going as far as to
step up to run for President-Elect when the position
was unexpectedly vacated this past year.
Laura is very active in her church, singing and playing hand bells. She is also an accomplished figure skater
and teaches figure skating at the Plex. As the mother of
twin teenaged boys, she is very busy not only at the office but at home, too. And she always manages her busy
life with grace and style.
On a personal level, Laura has been a dear friend to
me and my family for over 20 years. She is godmother
to my son, and I can’t think of a better person we could
have picked for that job.
When I think of what a
good paralegal should be, it
is a person who can handle
very complicated data efficiently and effectively, can
deal with crises when they
arise, and in the end can
get the job done in a way
that makes people stand
up and take notice.
Laura has embodied this persona in
every aspect of her life, and I am honored to nominate
her for PPA’s Paralegal of the Year.
k
You can go to her with any problem and she will
help to solve it.She is very knowledgeable regarding our
profession and she is always willing to assist with any
project.
k
Laura is very deserving of the Paralegal of the Year
award and we congratulate her on her dedication and willingness to not only PPA, but to the paralegal profession itself. Congratulations, Laura!
k
CCI
Capitol City Investigations & Process Service, LLC
http://www.capitolcityinvestigationsandprocessservicellc.com/
We are here for all your process service and investigative needs.
Please call 803-600-5809 or email [email protected]
October Meeting
Laws That Impact
the LGBT Community
Speaker, Nekki Shutt, Esquire
Callison Tighe Firm Partner
by Liz Cody
Nekki Shutt, Esquire, of Callison Tighe, was
our October speaker at our PPA monthly meeting at The Lourie Center on October 15, 2014.
A certified specialist in labor and employment law, Nekki Shutt has been involved in the
employment / human resources field for more
than 20 years, beginning with her work in the
personnel department of a publicly-traded property and casualty insurance company.
During her work for the company before
and during her undergraduate studies in communications at the University of South Carolina,
Nekki eventually became the company’s corporate recruiter, responsible for hiring approximately 225 employees on an annual basis as well
as managing its temporary workforce.
While Nekki earned her juris doctor at the
University of South Carolina School of Law, she
worked as a graduate assistant in what is now
the Master’s in Human Resources Program at the
USC Darla Moore School of Business. She also
clerked for the law firm that represented the insurer where she had previously been employed.
Since then, Nekki has built on her human
resources experience and developed a civil litigation practice with an emphasis on employee benefits (ERISA) and employment law. She joined
Callison Tighe in 2000 and became a partner in
January 2002. From 2000 to 2005, she also was
an adjunct professor at the University of South
Carolina School of Law, teaching a course for
third-year law students entitled “Diversity and
the Law,” emphasizing social justice issues in-
volving race, gender, sexual orientation, disabilities,
and the poor.
Nekki frequently has received professional
recognition and honors. The University of South
Carolina School of Law Alumni Association
awarded her the James Petigru Compleat Lawyer
Award, Silver Medallion in 2005. Her peers selected
her for inclusion in The Best Lawyers in America(r)
2010 through 2013 editions in the field of labor
and employment law and in Legal Elite of the Midlands in 2012 in the category of labor and employment law.
She’s also educated others in her field through
her writing and seminar presentations. Nekki authored the ERISA chapters in the Labor and Employment Law for South Carolina Lawyer 2007 and
2011 editions. She also is the author of a chapter on
employment law for Paralegal Survival Guide, to be
published by South Carolina Bar Association in
2010.
Why do our laws and culture condemn samesex relationships:
NEGATIVE SOCIAL ATTITUDE:
•
•
•
•
•
6
Religious reasons
Stereotypes
Cultural reasons
Nature v. nurture debate
Societal stability
(continued to next page)
October Meeting Continued
• Penalties for exposing others to dread diseases
• Sex education
FEDERAL LAW
• Title VII- Cannot discriminate in
employment based
upon race, gender,
religion, national
LOCAL LAW
Columbia
• Anti-discrimination policy for employees
based upon sexual orientation since the 90’s
• In 2008, city council passed a fully-inclusive
human rights ordinance
• In March 2011, Mayor Benjamin expanded
the anti-discrimination policy to include
gender identity
origin, disability or age
• Defense of Marriage Act- enacted in 1996,
declared unconstitutional in 2013
• “Don’t ask, don’t tell” repealed in 2011
FEDERAL LAW/CASE LAW
Bowers v. Hardwick (1986): Private consensual sex at Georgia home.
Romer v. Evans (1996): State constitutional
amendment barring state and local LGBT recognition as status did not even have a rational relationship to a legitimate government purpose
under equal protection clause.
Hollingsworth v. Perry (2013): Proponents of
Prop 8, which eliminates rights of same-sex couples to marry, lacking standing.
ALTERNATIVE FORMS OF LEGAL PROTECTION
• Healthcare Power of Attorney
• Durable, General Power of Attorney
• A Cohabitation/Joint Living or Partnership
agreement
• Adoption
• Interstate succession (Not in SC)
• Will and/or Revocable Trust
GAY MARRIAGE IN THE US
• Majority of states allow
• SC does not yet, contrary to federal precedent
POST-DOMA
• IRS will allow same-sex filing
• EEOC addressed emerging issue of coverage of LGBT individuals under Title VII
sex discrimination provisions
• Immigration
• Social Security
• Veteran’s spousal benefits
• Private employment issues benefits
-under federal law, value of spouse’s
health insurance not treated as taxable
income
-Cobra rights spouse or dependentchildren and qualifying events
k
Gay rights is just a matter of time.
Look at the polls. Worrying about
gay marriage, let alone gay civil
unions or gay employment rights, is
a middle-age issue. Young people
just can’t see the problem. At worst,
gays are going to win this one just by
waiting until the opposition dies off.
–Gail Collins
American Journalist
STATE LAW
• “Confidentiality” of sexually transmitted
disease records except HIV and AIDS
7
iCOMMITTEE REPORTSj
CAROL CAULK, CHAIRj
i
COORDINATION COMMITTEE • This is my second
DONNA WHIGHAM, CHAIRj
i
MEMBERSHIP COMMITTEE • Report includes the
time serving as Coordination Chair for PPA. I am
the Director of Workplace Safety & Wellness with
Agape Senior. I am married to Glen Paul Caulk,
Partner at Nelson Mullins and am the proud
mother of three wonderful children! Devin 24;
Graham 15; and
Cameron 11.
I also have a
sweet, sevenyear-old
Springer
Spaniel
named
Beauregard. It is
my hope
this year to work with
the new PPA Board to help PPA grow
into a strong, thriving professional organization.
We seem to have gotten off to an amazing start. If
you have any questions and/or suggestions regarding meetings, speakers, etc. please feel free to let
me know. I can be reached at ccaulk@agape
senior.com or 803-391-3163. Thanks so much and
I hope to see you at the next monthly meeting.
following three items:
1. I have attached a list of members who have
renewed so far and I have also listed beside their
names what Committees they are interested in
being on.
2. I emailed the Board a copy of the 2015 Directory on February 27. Any corrections that need to
be made please email me and I will make them. I
will finalize the Directory by March 9 and will
email it to Laura to be posted on the website.
3. I gave out our first “welcome bag” at the
February meeting and I think it was well received.
Melissa has emailed the sustaining members to see
if they would like to contribute any SWAG to go
into the welcome bags. I would like to have about
15 of each item so that I can make the bags up
ahead of time but also so that the Membership
Chair will have them for the start of 2016 for new
members.
If anyone has any suggestions for the welcome
bags please let me know.
You may reach me at:
[email protected]
k
k
iTREASURER REPORTj
Operating Account:
Balance 11/30/14 ................................................ $
Income ................................................................
Expenses ............................................................
Operating Balance 1/31/15.................................. $
3,341.75
1,978.00
2,512.21
2,807.54
Money Market Account:
Balance 11/30/14 ................................................ $11,204.39
Interest Earned....................................................
1.52
Semi-Annual Transfer from Checking Account..
5.00
Money Market Balance 1/31/15 .......................... $11,205.91
8
iCOMMITTEE REPORTSj
iLAURA HAWKINSON, CHAIRj
TAMMIE POPE, CHAIRj
i
EMPLOYMENT INFORMATION COMMITTEE • I am
PARALEGAL AWARENESS /MARKETING COMMITTEE •
Tammie Pope and the 2015 Employment Information Committee Chair for PPA and I am pleased to
be serving the Association again. I have received
and sent out four job notices so far this year and
hope to increase awareness of that service among
law firms in Columbia. If you know or hear of anyone who has a position to fill, please ask them to
contact me at 803-255-9561 or [email protected]. We also plan to do a salary survey later this year. If you have any ideas or
suggestions about questions that should be included or ways to get more people to respond to
the survey, please contact me and share them with
me. Our association is only as strong as our membership and I know we have some very bright and
creative members so please take the time to share
your ideas. I look forward to hearing from many of
you and to a great year for PPA!
k
iMELISSA TAYLOR, CHAIRj
WAYS & MEANS COMMITTEE • Hello PPA Members! My name is Melissa Taylor and I am your
2015 Ways & Means Committee Chair. The year is
off to a great start! Please join me in welcoming
both returning and new Sustaining Members:
Capitol City Investigations, LLC
Carolina Legal Associates
Case-Closed Investigations
Gaffney Lewis & Edwards
Huseby, Inc.
Legal Professionals, LLC
McAngus, Goudelock & Courie
Nova Office Strategies
Palmetto Legal Gophers
Seekers Process Service, LLC
Serve-One Inc. Processing Service
Southern Reporting
Please be sure to check out the
services our Sustaining Members
have to offer you.
9
PPA participated as an exhibitor at the S.C. Bar
Convention which was held in Columbia from January 21 to January 25.
Thanks to all of our volunteers who assisted
with setting up and manning PPA’s booth during
the Convention: Liz Cody, Linnea Hann, Tyrone
Johnson, Dawn Lacroix, Christina Metze, Kaye
Mullinax, Tammie Pope, Kelli Spinks and Heather
Vardell. We updated our existing brochure for this
event and we will be distributing the updated
brochure to new and prospective members, as well
as having it available for download from our website. Please feel free to download it and pass it on
to others who may be interested in learning more
about PPA.
Please visit our website at www.ppasc.org for
news and resource documents. We have additional
content available under our members-only section
(membership directory, job announcements, member news and access to CLE recordings from the
monthly meetings). If you have not signed up for a
member account, this option is available on PPA’s
home page (top right section, under “Member
Login”). Each sign up request is manually
processed and access is usually granted within 24
hours; if you have not received a response within
24 hours, please contact me directly and I will assist with granting you access. If you have forgotten
your password, there is an option to have it
emailed to you (click on the link under “Member
Login”). If you have forgotten your user ID, please
email me directly ([email protected])
and I can retrieve that information for you.
This committee will be working with the Membership committee to reach out to the local paralegal schools/students in order to build awareness
not only concerning the membership benefits of
PPA, but also awareness of the paralegal profession
in general.
If you have ideas for further marketing/awareness activities, suggestions for the website, or if
you’d like to join the Paralegal Awareness/Marketing Committee, please feel free to contact me at
[email protected].
20
15
ew
N Executive Board
President
President Elect
laura haWkinson
kelli sPinks
Mcangus, Goudelock & Courie, llC
Gaffney lewis & edwards
1320 Main Street
Columbia, South Carolina 29201
3710 landmark Drive, Suite 109
Columbia, South Carolina 29204
–––eMail–––
–––eMail–––
[email protected]
[email protected]
1st VP & Education Committee
2nd VP & Membership Committee
Secretary
donna WhiGhaM
linnea hann
Mckay, Cauthen, settana & stubley
law offices of daniel e. Peagler
nelson Mullins riley & scarborough
Post Office Box 7217
Columbia, South Carolina 29202
2001 lincoln Street
Columbia, South Carolina 29201
1320 Main Street, 17th Floor
Columbia, South Carolina 29201r
heather Vardell
–––eMail–––
–––eMail–––
[email protected]
[email protected]
[email protected]
Treasurer
Coordination Committee
Employment Information Committee
Wynne M. Potash
Carol Caulk
taMMie PoPe
haynsworth sinkler Boyd, Pa
agape senior living
nelson Mullins riley & scarborough
1201 Main Street, Suite 2200
Columbia, South Carolina 29201
1624 Main Street
Columbia, South Carolina 29201
1320 Main Street, 17th Floor
Columbia, South Carolina 29201r
–––eMail–––
–––eMail–––
–––eMail–––
–––eMail–––
[email protected]
[email protected]
[email protected]
Newsletter Committee
Parliamentarian
Ways & Means Committee
liz enGlish-Cody
tyrone Johnson (sCCa)
Melissa taylor
Mcangus, Goudelock & Courie, llC
1015 Sumter Street
Suite 111
Columbia, South Carolina 29212
Clawson and staubes, llC
1612 Marion Street, Suite 200
Columbia, South Carolina 29201
1320 Main Street
Columbia, South Carolina 29201
–––eMail–––
–––eMail–––
–––eMail–––
[email protected]
[email protected]
[email protected]
Paralegal Awareness & Marketing
Policy Committee
Community Relations/Pro Bono
VaCant
laura haWkinson
deBra White
Mcangus, Goudelock & Courie, llC
Mckay, Cauthen, settana & stubley
1320 Main Street
Columbia, South Carolina 29201
Post Office Box 7217
Columbia, South Carolina 29202
–––eMail–––
[email protected]
–––eMail–––
[email protected]
10
1122 Lady Street
Suite 725
Columbia, SC 29201
Ph. 803-354-4300
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Happy Birthday
E January E
E June E
3. . . . . . . . . . . . . . . . . . . . Lia Calk Morris
3 . . . . . . . . . . . . . . . . . . . Tamekia Hunter
9. . . . . . . . . . . . . . . . . Lakeyia Thompson
17 . . . . . . . . . . . . . . . . . . . . . Brian Herbert
7 . . . . . . . . . . . . . . . . . . . . . Tina S. Auten
8 . . . . . . . . . . . . . . . . . . Kaye K. Mullinax
14 . . . . . . . . . . . . . . . . . . . . Susan Collings
17 . . . . . . . . . . . . . . . Laura W. Hawkinson
21 . . . . . . . . . . . . . . . Summer A. Slaughter
E February E
5 . . . . . . . . . . . . . . . . . . Patricia L. LeBecq
16 . . . . . . . . . . . . . . . . . . . Jessie Dickerson
17 . . . . . . . . . . . . . . . . . . . . . Michelle King
17 . . . . . . . . . . . . . . . . . Kimberly E. Smith
20. . . . . . . . . Margaret (Peggy) McClintock
24 . . . . . . . . . . . . . . . . . . . . Kimberly Falls
26 . . . . . . . . . . . . . . . . . Alexandra Carlson
2. . . . . . . . . . . . . . . . . . . . . . . . Albert Ard
31. . . . . . . . . . . . . . . . . . . . . . Larry Nelson
21 . . . . . . . . . . . . . . . . . . . . . Roshel Tuska
16. . . . . . . . . . . . . . . . . . . . . . Leslie Clamp
18 . . . . . . . . . . . . . . . . . . . Katie A. Minton
20 . . . . . . . . . . . . . . . S. Bronwyn Ellington
27. . . . . . . . . . . . . . . . . . . . . . Debra White
E
E April E
1. . . . . . . . . . . . . . . . . . . Jo Anne Watkins
9 . . . . . . . . . . . . . . . . . . . . Christi Cooper
19 . . . . . . . . . . . . . . . . . . . . . Tammie Pope
28. . . . . . . . . . . . . . . . Dale Anne Scaglione
31 . . . . . . . . . . . . . . . . . . . . . . . Ann Brock
E November E
E December E
2. . . . . . . . . . . . . . . . . . . . . Melissa Taylor
8 . . . . . . . . . . . . . . . . Donna F. Whigham
12 . . . . . . . . . . . . . . . . . . . Kristi L. Lindley
19 . . . . . . . . . . . . . . . . . . . . Allison Estrada
E May E
4. . . . . . . . . . . . . . . . . . Natalie C, Butrym
20. . . . . . . . . . . . . . . . . . . . . . Tracy Moore
22 . . . . . . . . . . . . . . . . . . . . . . Mia Jackson
27 . . . . . . . . . . . . . . . . . . . . . Amy Christie
29. . . . . . . . . . . . . . . . . . . . . Kimiko Noble
30 . . . . . . . . . . . . . . . . . . . . . Pamela Baker
E July E
E March E
2 . . . . . . . . . . . . . . . . . . . Melinda Cotton
13 . . . . . . . . . . . . . . . . . . . Carol A. Shaffer
14 . . . . . . . . . . . . . . . . . . . . . . Kelli Spinks
27 . . . . . . . . . . . . . . . . . . . . Tietta Gowans
28 . . . . . . . . . . . . . . Wynne Merline Potash
E October E
E August E
1 . . . . . . . . . . . . . . . . . . . . . . Carol Caulk
5 . . . . . . . . . . . . . . . . . . . . Joseph Koenig
7 . . . . . . . . . . . . . . . . . . Vera Denise Ford
9. . . . . . . . . . . . . . . . . . . . . . . . . Liz Cody
12 . . . . . . . . . . . . . . . . . . . Dana W. Cohen
12. . . . . . . . . . . . . . . . . . . . . . Linnea Hann
30 . . . . . . . . . . . . . . . . . . . . . . Vickie Baker
E September E
3. . . . . . . . . . . . . . . . Amanda A. Folk, CP
7. . . . . . . . . . . . . . . . . . . . . . . Beth Valdes
8 . . . . . . . . . . . . . . . . . . . Sharon Kirkland
23. . . . . . . . . . . . . . . . . . Stephanie Ralston
28 . . . . . . . . . . . . . . . . . . Candace Attaway
29 . . . . . . . . . . . . . . . . . . . . . . Bessie Jones
28 . . . . . . . . . . . . . . . . . . Candace Attaway
12
JFK on Liberty
E
Let every nation know, whether
it wishes us well or ill, that we shall
pay any price, bear any burden,
meet any hardship, support any
friend, oppose any foe to assure the
survival and the success of liberty.
– John F. Kennedy
We Appreciate Our 2015
Sustaining Members
Capitol City Investigation, LLC
Legal Professionals, LLC
<www.capitolcityinvestigation
andprocessservice.llc>
<www.legalprofessionals.net>
Carolina Legal Associates
McAngus Goudelock &
Courie, LLC
<www.carolinalegalassoc.com>
<www.mgclaw.com>
Case-Closed Investigations
Nova Office Strategies
<www.case-closed.net>
<www.novaoffice.net>
CompuScripts, Inc.
Palmetto Legal Gophers, LLC
<www.compuscripts.com>
<www.palmettolegalgophers.com>
Gaffney Lewis & Edwards
Seekers Process Service, LLC
<www.glelawfirm.com>
<www.seekersprocessservice.com>
Huseby, Inc.
Serve One, Inc. Process Serving
<www.huseby.com>
<www.weservepapers.com>
Legal Professionals, LLC
Southern Reporting
<www.legalprofessionals.net>
<www.southernreporting.net>
A VERY SPECIAL “THANK YOU” FROM PPA.
The Palmetto Paralegal Association wishes to extend its sincerest thanks
to our 2014 Sustaining Members! We appreciate your support of the
Paralegal profession within South Carolina throughout the year.
We look forward to your continued support in 2015!
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(continued to following page)
15
January Meeting
SC Durable Power of Attorney
for Health Care
Speaker, Judge Amy McCulloch
by Liz Cody
PPAwas honored to have Judge Amy McCul-
loch as our guest speaker at our January membership meeting that was held on January 21, at Agape
in downtown Columbia.
Judge Amy McCulloch graduated from the
University of South Carolina with a Bachelor of
Science degree in 1987. She attended the University of South Carolina School of Law, graduating in
May of 1990, and was admitted to the South Carolina Bar in November of 1990.
Judge McCulloch began her legal career as a
law clerk for Judge Thomas Ervin, State Circuit
Judge and Judge William Catoe, Federal Magistrate. In 1991, she became an Assistant Solicitor for
Richland County. She worked as a prosecutor at
the Richland County Solicitor’s Office until December of 1996, when she entered the private practice of law with her husband. During this time
Judge McCulloch was also an Adjunct Professor at
the University of South Carolina and Midlands
Technical College teaching courses in business law,
civil law, criminal law, and ethics.
Judge McCulloch was elected to her first term
and was sworn in as the Probate Judge for Richland
County in January of 1999. Since that time, she has
worked to make the probate office more accessible
to the public including the creation of a website for
the Richland County Probate Court that allows
public access to information and forms needed to
probate estates through the Internet. In 2012, she
expanded this internet service to allow interested
parties to an estate to search estate records online.
Estate records from 1998 through the present are
16
available for
viewing and
printing online.
She
served as
President of
the South Carolina Association of Probate Judges from October of 2002
through 2003. She is also a member of the South
Carolina Association of Counties and the National
College of Probate Judges, and is frequently called
upon to interact with the General Assembly in law
making efforts. Beginning in 2008, she served on a
three-year statewide committee to review and revise the SC Probate Code. Those efforts are still
ongoing.
In 2003, Judge McCulloch assisted in and supported the creation of the Richland County Mental
Health Court to allow individuals arrested for a
non-violent crime and diagnosed with a mental illness to be diverted from incarceration into intensive supervision and treatment. Mental Health
Court in Richland County now accepts clients
from Magistrate Courts and General Sessions. Current statistics show that 72 percent of Mental
Health Court graduates have not been re-arrested
or admitted for emergency treatment. In 2006,
Judge McCulloch received the “Heroes in the
Fight” award from Mental Health America of
South Carolina for her efforts with the mentally ill
in our community.
Judge McCulloch has been a frequent lecturer
and instructor for the South Carolina Court Administration, Mandatory School for New Probate
(continued to next page)
January Meeting Continued
SC Durable Power of Attorney for Health Care
Speaker, Judge Amy McCulloch
Judges and Magistrates and for the South Carolina
Bar Bridge the Gap mandatory sessions for new
lawyers. She serves on the Board for Midlands
Technical College Legal Division and is Co-Chair of
Partners in Crisis. Judge McCulloch also provides
quarterly training for lawyers and court appointed
Personal Representatives to help understand the
process and the forms.
Judge McCulloch is married to Joseph M. McCulloch, Jr., an attorney, and they have one son,
Matthew McCulloch who is attending Wofford College. They attend Shandon Methodist Church.
Judge McCulloch spoke to the PPA members
on the Probate Court in Richland County and in
South Carolina. Each of the 46 counties in South
Carolina have their own Probate Court. Some of
the duties of Probate Court are to administer Estates and issue Marriage Licenses. There are three
different estates that were discussed at our meeting.
They are the following:
are beneficiaries. It is also recommended that individual’s do not leave “nominal” bequests.
She also stressed that individual’s not leave assets directly to minors. Assets over $10,000 require
a conservatorship until the minor turns 18.
She also explained to us the difference between a Codicil and Memorandums.
v CODICIL
Are written amendments to a Will and must be
executed with the same formalities in writing.
They must be signed by the testator and have two
witnesses.
v MEMORANDUMS
Separate writings by the testator. They are referenced in the Will and it is important to make
sure that they are in writing.
Judge McCulloch also spoke about the
Durable Power of Attorney. This person is named
to manage the assets of an individual. The Health
Care Power of Attorney makes health care decisions and does not have to be a family member.
The person needs to be someone you trust and
South Carolina has an approved form for this.
3REGULAR ESTATE
• Intestate (without a Will)
• Testate (with a Will)
3SMALL ESTATE
THE LIVING WILL
• Value of estate must be less than $25,000.00
• No real estate
• Power to revoke/enforce
• Must be witnessed and notarized
• South Carolina has an approved form
3TAXABLE ESTATE
There are four very important aspects of Probate Court. They are a Will, Durable Power of Attorney, Healthcare Power of Attorney and a Living
Will.
Judge McCulloch expressed to the group that a
Will must be in writing and signed by a testator. A
Will must also be witnessed by two people who are
not beneficiaries. Under a Will, a spouse or children
NEW WAYS TO AVOID PROBATE
•
•
•
•
•
Joint Bank Accounts
Create a Trust
Real Property
Automobiles, Boats and Vehicles
Life Insurance Polices
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Barbara won a $50 gift certificate to Bonefish Grill
donated by Brandon Anderson with NOVA and Kelli
won a wine gift basket donated by Agape.
February Meeting
Private Investigators:
Making the Case for Attorneys and Clients
Speaker, Leroy W. Everhart, IFC, BAI
by Liz Cody
eroy W. Everhart, IFC, BAI, of Case-Closed InvesL
tigations was our February membership speaker at
Agape on Wednesday, the 18th.
Case-Closed Investigations is the choice of attorneys, businesses, financial institutions, insurance companies, TPA’s and individuals for guidance
and support. You can count on them when you
have concerns that require discretion, confidentially and professional investigative services. The
investigation and surveillance team consist of fulltime professionals with over 175 years of combined
investigative experience and training. The team’s
diverse background includes Federal, State, Local
and Military Law Enforcement careers. Their areas
of expertise include protection of assets, surveillance and the investigation of concerns for attorneys, businesses, financial institutions, insurance
companies, TPA’s and private individuals. The investigation team is complimented by their fulltime, professional administrative staff.
From their offices in North Carolina, South
Carolina, Georgia and Florida, they provide services throughout the Southeast United States and beyond. They use the latest, most efficient databases
available for investigative research. Their state-ofthe-art surveillance and electronic countermeasures
equipment is an investment that that allows them
to properly serve their clients in matters of litigation support, with criminal defense, due diligence,
insurance/workers compensation claims, complex
civil cases, business undercover operations, employment, pilferage, accounting forensics and family law concerns. They provide their clients with
19
information that enables
them to make prudent decisions in their
business and personal life.
Everhart stated that in most states, you must
have a license and have had continuing education
to be an Investigator. You must also have a clean
criminal record and have good credit.
When choosing a Private Investigator some
things you should consider are:
• Your choice of PI reflects your attorney
• Know who you make referrals to and understand their abilities
• Good referral can increase your clients chance
of doing well in a case
• Make sure your PI has a license
• Are they insured? Using one that is not, may
make your business or firm financially responsible for misdeeds of the PI
• Are they a member of the Association
• Do they have specialized equipment to meet
your request
(continued to next page)
FEBRUARY MEETING CONTINUED
Tools of the Trade:
• Video Watch
• Button/screw cameras
• Fire Plug
Equipment is always changing. Be careful
where you use cameras so you will not be sued.
Private Investigators can do the following:
• Locate debtor and witnesses
• Provide surveillance in an insurance or
domestic case
• Computer Forensics
• Statewide process services
• Skip tracing
• Undercover operations
• Forensic Accounting-real good
• Background Inquiries
• Criminal Defense Investigations
Some quotes from Case-Closed Investigations:
“Service is What We Provide.”
“Investigation and Surveillance is
What We Do.”
“People lie…evidence does not.”
PPA Recognized by Court Reporters
here are two naT
tional organizations
networking opportunities
with others in the legal
profession and the training
we receive at our monthly
meetings and annual seminars. I love having the opportunity to meet other
paralegals, attorneys, and
vendors at our meetings
whom I would otherwise
probably never meet.”
The Palmetto Paralegal Association also works
to enhance the recognition
of paralegals outside the
profession. Since its founding in 1988, PPA has worked to maintain relationships with law-related organizations, paralegal
education facilities, and local charities. PPA has
partnered with the South Carolina Young Lawyers
Division at their annual Wills Clinic, collected
Easter baskets for area children’s homes, and raised
donations for Harvest Hope Food Bank. In 2013,
the PPA hosted its first annual 50 Shades of Pink,
an after-work social for attorneys, paralegals, legal
support staff, law students and paralegal students
from Midlands Tech, South University, and the University of South Carolina. This event had a dual
purpose of raising breast cancer awareness among
the legal community as well as raising funds for the
annual Palmetto Health Walk for Life.
Another benefit of PPA membership is the opportunity for professional development. The organization’s monthly luncheon meetings offer members
a convenient way to obtain continuing legal education credit and stay current with new developments
in the law and issues confronting the paralegal profession. “The CLE opportunities have also been
very helpful to me,” said Laura Hawkinson, PPA
president. I have learned a lot over the years, but I
that benefit the
paralegal profession.
The National Association of Legal Assistants and the
American Alliance
of Paralegals offer
industry news and
educational opportunities to paralegals
across the country.
Local organizations,
however, offer members invaluable benefits. One such organization is Palmetto Paralegal
Association, which counts CompuScripts Court Reporters as a sustaining member. PPA is devoted to
enhancing recognition, promoting professional development, and updating employment information
within the paralegal profession in the Midlands of
South Carolina.
Paralegals are distinguished from other legal
staff by their education and experience, which qualifies them to perform work of a legal nature under
the supervision of an attorney. But enhancing recognition of the profession can be a tall order when
people are unfamiliar with the title. “When I meet
someone for the first time and tell them what I do
for a living, I often get a blank stare with no recognition of what that is,” said Linnea Hann, PPA secretary. “Or worse, they think I drive an ambulance!
What I enjoy about PPA is the chance to connect
with other paralegals in the community who understand my job.” That sense of comradery is echoed
by PPA’s 2005 Paralegal of the Year, Tammie Pope.
“I joined PPA in 1990 and have been a member
ever since,” Ms. Pope said. “For me the two most
beneficial components of PPA membership are the
21
(continued to next page)
PPA RECOGNIZED CONTINUED
continue to take away new information from every meeting and
seminar I attend. PPA’s members
have a wide variety of backgrounds and an incredible
amount of experience. If I don’t
personally know the answer to a
question, I know that I can
probably find someone in PPA
who does. Being a member of
PPA gives me an extra layer of
support.”
Finally, PPA members have the benefit
of receiving Midlands-area employment information. Local employers are encouraged to advertise
positions with the PPA, and job listings are published to members via email and during monthly
membership meetings. PPA also conducts a members’ salary survey at regular intervals.
With so many benefits of membership, it’s
easy to understand why Palmetto Paralegal Association is still going strong after 27 years. “Being a
part of a professional organization has allowed me
to grow as a person and in my career by gaining
knowledge through continuing education and networking with other professionals,” said
Kelli Spinks, PPA president-elect. “A paralegal
can be a vital part of a law
firm or corporation, and
our association is working
hard to define what a paralegal is and is capable of, in
order to make it a recognized
profession in our state. It is
important to me for the legal
community to understand how
to correctly utilize an educated
paralegal and how we can benefit the legal profession.”
k
SC BAR CONVENTION
The 2015 South Carolina Bar Convention was held
at the Metropolitan Convention Center on January 2225. This was the Palmetto Paralegal Associations second straight appearance at the Convention. Various
topics of Law that were addressed during the Convention included some of the following: Criminal Law,
Elder Law, Health Care Law, Corporate Banking & Securities Law, Probate, Estate Planning & Trust, Tax Law
and Children’s Law. Various sponsors were also recognized at the event. They included: Ogletree Deakins,
The University of South Carolina School of Law, The
Charleston School of Law, NBSC and Columbia South
Carolina Famously Hot.
Exhibitors:
AWR
Carolina Legal Associates
Palmetto Paralegal Association
Lexis Nexis
Find Law
Travelers
CompuScripts, Inc.
The Bar Convention for 2016 is scheduled to take
place in Charleston.
THANK YOU RECEIVED
FROM EPWORTH CHILDREN’S HOME
Thank
You
Dear Palmetto Paralegal Association,
Thank you for providing a wonderful Christmas event
for our Dantzler Cottage. With your gifts, donations, and
participation, you provided our middle school girls a wonderful Christmas event. Thank you for your support.
Blessings to you,
Beth Robinson
Volunteer Coordinator
2014
McAngus Goudelock & Courie is a metrics-driven law firm built specifically to meet the
needs of insurance companies and their customers. From 11 regional offices, we serve
clients across the Southeast.
Calendar 2015
5.
7.
13.
15.
April
Easter Sunday
Executive Board Meeting at MGC
Thomas Jefferson’s Birthday
Membership Meeting at Agape
May
5. Executive Board Meeting at MGC
10. Mothers’ Day
15. Deadline to file Form 990 with IRS
20. Membership Meeting at SCANA
25. Memorial Day
29. Deadline for In Brief (summer issue)
June
2. Executive Board Meeting at MGC
17. Membership Meeting at Agape
Distribution of In Brief
25. Fathers’ Day