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December 2012: I began working as a paralegal in 1994. I was a very experienced legal secretary who was offered a paralegal position at the firm I was working for. When the opportunities would present themselves, I would read the Daily Business Review and The Florida Bar News always looking for anything that mentioned paralegals. The few articles I found always had a quote from a Lisa Vessels of the South Florida Paralegal Association. I began to really admire this woman - Lisa Vessels, she really knew what she was talking about. Today, I know Lisa and have served on the SFPA Board with her for a few years, today I admire Lisa more because I have gotten to know the human, not just the brain. When the time came for me to join a paralegal association, I went straight to the South Florida Paralegal Association. What I found in the South Florida Paralegal Association was so much more than I ever imagined. I found an amazing group of paralegals who support each other and offer the wisdom of their experience freely and selflessly. I found a shared commitment to excellence in their profession and every aspect of life. I found professional paralegals who offered incredible examples of balancing their families, careers, and volunteerism. I found encouragement, mentorship, and friendship. Serving as President of South Florida Paralegal Association is truly an honor. South Florida Paralegal Association and its Committees are constantly doing everything they can to create an association that meets the needs of its members and paralegals generally. For those of you who are new to SFPA or thinking about joining, I invite you to attend a CLE luncheon meeting. SFPA has so much to offer. For full details of all that SFPA offers go to www.sfpa.com. President's Message SFPA Legal Journal December 2012, Volume II www.sfpa.info P.O. Box 31-0745 Miami, FL 33231 305.944.0204 [email protected] Congratulations to Lisa Vessels 2 Thanksgiving at WINGS 2 Say Hello to Your New Board 3 Jennifer Patti: A True SFPA Success Story 3 Arturo Rodriguez: Up and Coming 6 Mary Ann: Jacqueline of All Trades 7 Congrats to New CPs and Scholarship winners! 8 MDC now a NALA Testing Site 9 New from NALA – CLE apps 9 NFPA News 10 Defining a Paralegal 12 E-Everything! 14 Welcome New Members! 15 Board and Committee Chairs 16 January 22, 2013 SFPA Miami CLE Luncheon Shutts & Bowen, January 24, 2013 Broward CLE TBA Voluntary Trial Resolution For those of you who are members of SFPA, I hope you will take full advantage of your membership. Attend your Association CLE events and meetings and get to know your network of paralegals who are committed to supporting and mentoring each other. Get involved in your Association by serving on the board or a committee. And SPREAD THE WORD! Share the SFPA experience with your friends and colleagues. I would challenge you to bring in one new member this year. Each of you knows someone who could benefit from SFPA membership while contributing their expertise and talents. I look forward to seeing all of you throughout the year. - Karen R. George, FRP INSIDE Calendar at-a Glance
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INSIDE

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CONGRATULATIONS TO LISA VESSELSNews from NFPA

Edmonds, WA - November 1, 2012 - The National Federation of Paralegal Associations, Inc.(NFPA) is pleased to announce that Lisa Vessels, CP, FRP of Miami, FL has been elected tothe position of Vice President and Director of Positions & Issues for 2012-2014 term.

Lisa Vessels lives in Miami, Florida, and is employed by Duane Morris LLP as manager of therules-based docketing software program utilized by her firm's U.S. offices. Lisa has worked inthe paralegal profession since 1992 with experience in commercial litigation, as well ascorporate contract law specializing in commercial aviation equipment leasing and sales.

Lisa has served two terms as President of the South Florida Paralegal Association and theFlorida Alliance of Paralegal Associations. As an active member in both organizations, shehas served in many additional roles such as Webmaster, Treasurer, Secretary, andMembership Chair since joining in 2005.

THANKSGIVING CHARITY DRIVE & DINNERWINGS South Florida

Thank you to all the members that made donations and volunteered their time out to help forthis worthy cause. The dinner and toys were well appreciated by the young ladies at WINGS.It really makes a difference in their lives! For this event, SFPA donated over $900.00 is supplies,food and toys. Once again, thank you to all the members who opened their hearts andwallets to make this event happen.

In addition, SFPA, in 2012, also made donations to Dade Legal Aid, AT EASE through NALA (tohelp returning veterans), and the Alaska Wildlife Conservation Center through NFPA.

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On March 27th, your 2012-2013 SFPAboard was elected at the annual meetingand member appreciation event held atKork Wine & Cheese Bar.

A special thanks to the electionscommittee, Mary Ann Myskiw-Jones(Committee Chair), Sadena Blatt, JanetBetancourt, Barbara Victorero, and LisaVessels for putting the work in behind thescenes, continuing the success of Kork WineBar & Cheese for the association, invitedour master of ceremony, Judge MichaelleGonzalez-Paulson and our sponsors IRISData Services, Veritext Court Reporting andLegal Search Solutions.

The board consists of: President Karen R.George; Vice President Nora E. Portuondo;Secretary Mary Ann Myskiw-Jones;Treasurer Janet Bentacourt; NALA LiaisonArturo Rodriguez; NFPA Liaison Lisa Vessels;and Parliamentarian Barbara Victorero.

Welcome to Jennifer Patti - BrowardEducation Chair and Webmaster, and MimiGross – Membership Chair.

SAY HELLO TO YOUR NEW BOARD

I truly cannot thank SFPA enough as the scholarshiphelped me financially and mentally in my path to becominga Paralegal. Through the members-only employment page, Iwas able to move to a more fulfilling job. The free one-yearmembership (also part of the scholarship) opened my eyesto a world of support and knowledge that I did not knowexisted. I received notice of my SFPA membership on aTuesday, saw the ad for my current position that sameevening and applied, was interviewed on Wednesday andhired on Thursday.

I had already spent three weeks searching for a newjob and, through the SFPA site, was hired in less than three

days.

It’s a success story that I’m thrilled to share andwould love to continue this momentum within thecollegiate community and throughout Broward County.There are so many of my questions that were not “in thebooks” which were answered within the first week ofSFPA membership. This is a fabulous group and I am soexcited to be a part of it.

Jennifer Patti:a true SFPA success story

Read more about your new boardmembers in the following pages.Our first is Jennifer Patti, a 2011 SFPAscholarship winner from NovaSoutheastern University & the currentBroward Education Chair:

2012-2013 SFPA Board with Judge Paulson

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Jennifer’s ParalegalPractice Tip:

Read everything twice ifyou have to. Missing oneword can be an extra hourof un-billable work. Anyonecan work in the office; youearn the title “paralegal.”

Q&A With Jennifer Patti, BROWARD EDUCATIONCHAIR

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If someone contemplating aparalegal career asked you for careeradvice, what would you answer? Berealistic. Some firms don’t understandthe distinction between a legalassistant and a paralegal, let alone aparalegal with a bachelor’s vs. aparalegal with a certificate. Havingyears of experience on the job is

FUN FACT: Jennifer published twoyoung adult romance novels

under a pen name

What prompted you to choose aralegal career? I didn’t want to be ayer. My love is research and writing,

t I wasn’t comfortable with publiceaking. I understood and appreciated

distinction between the roles of aralegal and an attorney, and that line

ould never be blurred. In my “early”ars, I had an internship that had meestioning whether I wanted to even bethe legal field. I realized the value inrning from the “questionable” lawyersI appreciated what a good attorneyn do.What is your favorite part of your? When my attorney walks into my

2:

Jennifer’s fave movie is The Pelican Brief

ice and says “research this”! usually more valuable than thebachelor’s. I believe in working yourway up like most other fields. This field isnot one for instant gratification, butcan be extremely gratifying once youfind the right fit.

To what do you attribute yoursuccess as a paralegal? Teachers whotaught me never to speak or writeanything you can’t back up.

What is the most important step aparalegal can take to keep his or hercareer interesting? Attend CLE classesthat appeal to you, even if they arenot in your field.

What’s next for you? Graduatingfrom the NSU Shepard Broad LawCenter in 2017.

Jennifer’s fave recipe is

How has your membership in SFPAnefited you? Two ways: 1) I found myrrent position on the SFPA employmentge. I was hired within 72 hours. I haden applying to jobs on other classifiedards for 3 weeks and my currentsition was not posted on those boards.You never feel alone. I know I can turnanyone in SFPA and get assistance.What do you see as hot trends in the

ralegal industry? The electronic age iserwhelming some firms and they areking for employees who were raised

th this technology. Having anployee who can update your

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"ART" RODRIGUEZ:up and coming

Arturo may be newto the paralegalindustry and toSFPA’s board, buthe’s not to beunderestimated! Hestudiedanthropology andsociology in collegeand is on a mission

to pass NALA’s CP Exam and NFPA’s PCCExam. Since his election in March, Arturo hasgone to the annual NALA convention,secured Miami Dade College as a NALAtesting center, recruited instructors for the CPReview course and working as a paralegalclerk at Greenberg Traurig. Be on the lookoutfor Arturo at one of our next events. Chancesare, he’ll be making history in no time.

Q&A With ARTURO RODRIGUEZ, NALA LIAISON

Getting to know ArtSpecialty Area: In-House General CounselFuture Goals: Passing the NALA and NFPAcertification exams.Fun Fact: I love backpacking. It's a newhobby I picked up last year. I enjoy havingto stick it out in nature with limitedresources.

Favorite Movie: (Pi)

Favorite Book: As I Lay Dying by WilliamFaulknerLast song or album listened to: LeonardCohen's "Old Ideas"Favorite Subject in School: Social StudiesFavorite Food: Seafood PastaOne Gadget You Can’t Live Without: I trynot to be too dependent on gadgets. It'sgood every once in a while to go without.Favorite Quote: Gnothi Seauton (Knowthyself).

What prompted you to choose a paralegalcareer?

I’m intellectually curious about how oursociety functions and how humansinteract. The law and the legal system in ourcountry are really indicative of our culturalideals. Rather than street brawls and violentprotests, we push the legal system as a sign ofcivility and stability. I look at the law not justas "government," but our modern religion. Idecided to become a paralegal to be a partof this fascinating field.

How has your membership in paralegalassociations benefited you? Networking andexpanding my exposure to different aspectsof my job. I really enjoy the responsibilities ofsitting on the Board.

Art’s Paralegal Practice Tip:

Stay on top of your tasks. Create a taskreminder in Outlook for every assignment.

In this field, there is nothing worse thandropping the ball. Momentary

forgetfulness can lead to malpractice.

What do you see as hot trends in theparalegal industry? Litigation support anddata base management. It's reallyimportant for paralegals to understand howimportant it is to zero-in on proper keywordswhen doing e-discovery searches andpushing the attorneys to understand thatthey really don't need every piece of papersaved in the system. With email andelectronic filing, it’s too easy for people tosave every miscellaneous comment.Attorneys really need to understand thiswhen making their discovery requests.

If someone contemplating a paralegalcareer asked you for career advice, whatwould your answer be? I would advise himor her to master proper writing skills. Theability to express coherent and completeideas with brevity will separate you from thepack. It's too easy for people to ramble offin e-mails and send way too many e-mails.

What is the most important step aparalegal can take to keep his or hercareer interesting? Branch out and insist onexposure to different procedures and legalsubjects. Like any job, it can become aroutine.

What is your favorite part of your job?The satisfaction of pulling through whenyour plate is full.

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Q&A With MARY ANN MYSKIW-JONES, Secretary

Mary Ann:JACQUELINE OF ALL TRADES

From waitress andoffice temp toelementary schoolteacher, courtreporter and nowparalegal, Mary Annhas had quite thecareer. She is arecent graduate ofMiami Dade

College’s Paralegal studies program(with honors). She has a bachelor’s fromFlorida Bible College and is currentlyworking for the State Attorney’s Officecriminal division.

Due to her court reporting skills, theboard agreed that she is and willcontinue to be an excellent SFPAsecretary. We are pleased to have heron board – literally.

To what do you attributeyour success as a paralegal?Eagerness to work and domore than is required.

What is the most importantstep a paralegal can take tokeep his or her careerinteresting? Go above andbeyond your job description.

Mary Ann’s ParalegalPractice Tip:

Never stop learning andgrowing.

FUN FACT: Mary Ann wants to learn how toStand Up Paddle Board

Specialty Area: Criminal lawCareer highlight: Passing the CP exam.Future Goals: Pass the ACP certification fordiscovery, criminal law and litigation.Favorite Movie: “One Day” starring AnneHathaway (2011)Favorite Book: The Diary of Anne Frank. Anybook by Jodi Piccoult, Taylor Caldwell,Debbie Macomber, Anne Tyler, MaeveBinchy, Barbara Taylor Bradford.Last song or album listened to: Adele 21Favorite Subject in School: English LiteratureFavorite Food: Stuffed mushrooms,homemade salsaFavorite Quote: “You may be only oneperson in the world, but you may be theworld to one person.”

Getting to know MARY ANN

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CONGRATULATIONS

New CPsSabrina Armenteros, CP

Mary Marcos, CPJeannette Martin-Tasis, CP

Arturo Rodriguez, CPNerida Dominguez, CP

SFPA 2012 Scholarship Winners1st place - Haydee Martinez,Nova Southeastern University

$1000 Sandra L. Keith Memorial

2nd place – Jayson Mathurin,Palm Beach State College

$500 Marisa Maugeri Memorial

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After fourteen years in the legal field, I felt it was important totake my experience and skill set to the next level. I wanted aprofessional certification that the legal community wouldacknowledge; that would signify that I was capable of providingthe highest quality of service as a paralegal.

The Certified Paralegal examination challenged my knowledgeof specific areas of law, reading comprehension, analytical skillsand writing abilities. It required me to demonstrate anunderstanding of the structure of the legal system, the purpose ofthe law and its procedures. The most challenging aspect of theexamination was the Judgment and Analytical portion, whichrequired analysis of a research request, finding applicable law,and writing a responsive memorandum.

The review course offered by South Florida Paralegal Associationwas extremely helpful. The individual classes covered eachsubject in the NALA Manual for Paralegals, and included a mockexamination which simulates the test environment. I am honoredthat I have acquired my certification and plan to take a moreactive role in the legal community as a certified paralegal.

-- Sabrina Armenteros, CPSFPA Member

mi Dade Collegeolfson campus is

an official NALAting site, courtesyDC’s Law Centerand Testing

partment. MDCtarted with thectober 2012 CPexam and willontinue for 2013ams. The cost is$30 per hour.ontact Patricklmus, (305) 237-

7813, for moredetails.

ther testing sites:iami Airport, Opa

ocka Airport, Ft.uderdale Airportd Keiser Universityin Ft. Meyers.

Contact NALALiaison, Art

driguez, for moreinformation.

The National Association of LegalAssistants has a free Facts andFindings App on iTunes (also onAndroid market). Now available:feature to check your CLE creditson mobile devices. Click here foriTunes and here for Google Play.

GREETINGS FROM NALA Convention

Janet

ART

NALA Liaison, Art, andNFPA secondary, Janet,attended the NALAConvention in Omaha,Nebraska. “Janet and I hada great time,” said Art, “welearned a lot about someimportant changes atNALA and met some greatpeople.”

Art and Janet’scaricature pictured abovewas drawn during theconvention.

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DEFINING A PARALEGAL's role

What a paralegal cannot do:1. Paralegals must communicate to the

client that they are not an attorney;2. Paralegals cannot be partners in a law

firm;3. Paralegals cannot share legal fees;4. Paralegals are permitted to have business

cards, their name on firm letterheads andsign correspondence as long as it has theappropriate designation;

5. Paralegals cannot give legal advice;and/or;

6. Paralegals cannot sign pleadings, appearin court, set fees or receive bonuses thatare tied to a particular case.

What is the difference between a paralegal anda legal document assistant?

According to the Alliance of Legal DocumentAssistant Professionals, “A Legal DocumentAssistant (LDA) is a non-attorney, qualified byexperience and education, who is authorized toprovide self-help legal services to a consumerwho is representing himself or herself in a legalmatter. A Paralegal is authorized by law only toperform substantive legal work for a licensedattorney, law firm or in-house legal department.Paralegals are not permitted to provide servicesdirectly to members of the public.”(http://www.aldap.org/ethics.htm)

Defining a paralegal:Bureau of Labor Statistics defines paralegals

or legal assistants as individuals that “assistlawyers by investigating facts, preparinglegal documents, or researching legalprecedent…conduct research to support alegal proceeding, to formulate a defense, orto initiate legal action.”

American Bar Association: “A legalassistant or paralegal is a person, qualified byeducation, training or work experience who isemployed or retained by a lawyer, lawoffice, corporation, governmental agency orother entity and who performs specificallydelegated substantive legal work for which alawyer is responsible.”

National Federation of ParalegalAssociations: A Paralegal is a person,qualified through education, training or workexperience to perform substantive legal workthat requires knowledge of legal conceptsand is customarily, but not exclusively,performed by a lawyer. This person may beretained or employed by a lawyer, lawoffice, governmental agency or other entityor may be authorized by administrative,statutory or court authority to perform thiswork. Substantive shall mean work requiringrecognition, evaluation, organization,analysis, and communication of relevantfacts and legal concepts.”

Which definition fully states what webelieve tobe a paralegal? What definitionshould associations adopt? Which definitionwill the Courts accept? Each definition statedabove stresses the importance of education,supervision by an attorney and substantivelegal work (that is non-clerical in nature) thatwould otherwise be completed by anattorney.

Who should clearly defineparalegals? The Courts, the States

… should there be statutes andlegislation or reliance upon caselaw? Who will ultimately respond

to these questions?

What are the educational differences andrequirements to sit for the following varioustests:

National Association of Paralegals - theCertified Paralegal/Certified LegalAssistant Exam (CP/CLA) and theAdvanced Paralegal Certification (APC);National Federation of ParalegalAssociations (NFPA) - the Paralegal CORECompetency Exam (PCCE™) and theParalegal Advanced Competency Exam(PACE®); American Alliance of Paralegals,Inc. (AAPI) - the American AllianceCertified Paralegal application (AACP);

National Association of Legal Secretaries(NALS) - the Professional Paralegal Exam(PP)?

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Which test is the right test? Will any of the testsbe approved by the Courts to certify aparalegal? Who will monitor the UPLrequirements of paralegals? States like Florida,Ohio and North Carolina are some of the fewthat have Certification programs through theirstate bar associations. States like Pennsylvania,New Jersey and Delaware have Certificationprograms through their state or local paralegalassociations. Other states like Florida, Ohio,Kentucky and North Carolina are some of thefew that have Certification programs throughtheir state bar associations.

There are three (3) types of regulation:Registration, Certification and Licensure. Why isregulation important? As attorneys confrontchallenges in their daily practices to providequality legal services to their clients, attorneysneed to be assured that the paralegals theyemploy to assist in their practice are bettereducated and qualified to provide legalservices. Members of the public indirectly relyon the work performed by paralegals andmany times directly rely upon information givento them by paralegals. Paralegals should knowand understand their ethical duties, theirlimitations under the Unauthorized Practice ofLaw statutes, and meet minimum standards ofparalegal competency. Although most stateswith a regulatory scheme have a voluntaryprogram, it does give the attorney a much-needed benchmark to assist with hiringpractices and hopefully reduce ethicalviolations, unauthorized practice of lawviolations, and malpractice claims. Regulationwill not prevent attorneys from hiring any non-lawyer as a legal assistant or paralegal but it willhelp attorneys to identify qualified candidatesand allow the attorney to publicize theemployment of a certified or registeredparalegal

There seem to be more questions thananswers; more gray areas than clear black andwhite ones. How can individuals holdthemselves out as professional paralegals whenno one knows or even understands what thatrole means and entails? What should therequirements be? Should someone right out ofschool hold the same position and salaryrecommendation as someone who has been inthe legal field for over ten (10) years and is justnow getting the recognition they deserve?What are the educational requirements,degrees or certificates which should determinebecoming a paralegal?

Some of the benefits for employers to utilizeparalegals are reduced costs to clients, lowerlegal fees, increased client contact, courtapproved paralegal fees, pro bonoopportunities, liaison with Court personnel,proficiency in electronic filings, specializedservices and competitiveness in legalcommunity (American Bar).

Some of the issues facing the paralegalprofession include outsourcing,disbarred/suspended attorneys working asparalegals, cutbacks, work satisfaction andgrowth/promotion opportunities. However,according to the Bureau of Labor Statistics,“The number of jobs for paralegals isexpected to grow much faster than theaverage for all occupations through 2018.Law firms will hire more paralegals to helplawyers prepare their cases. More peopleand businesses will need legal help. Manypeople like these jobs, so new workers areexpected to face competition.”

A student and/or a working paralegalshould be interested in these issues and manyof the other issues facing the paralegalprofession. A way to do that is to makeprofessional development a part of your dailyprogram or schedule.

Remember VIPER: Volunteer - for pro bono or

community service projects orassignments

Involve - get involved in a committeeor group with the local paralegalassociation

Participate - in a luncheon or specialevent in the legal community or localparalegal association

Educate - continue your legaleducation through seminars orconferences

Respect - continually have respect foryour chosen career

Valerie A, Dolan, R.P.®, Pa.C.P. is a litigation paralegalwith the law firm of Hangley Aronchick Segal Pudlin &Schiller and currently serves as Region IV Director ofthe National Federation of Paralegal Associations, Inc.(NFPA®). NFPA is a non-profit professional organizationrepresenting more than 10,000 paralegals and isheadquartered in Edmonds, WA. NFPA’s corepurpose is the advancement of the paralegalprofession. Information about NFPA can be found atwww.paralegals.org.

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E-EVERYTHING!

It seems every month there’s a new “e” rule, whether state orfederal, and in each jurisdiction.

Regardless of what field you work in, or plan to work in, keep your eye outfor these rules:

Florida Rule of Judicial Administration 2.516, the “e-Service” Rule, effectiveSeptember 1, 2012

Florida Rule of JudicialAdministration 2.525, the “e-Filing”Rule, effective October 1, 2013 forCivil, Probate, Small Claims, andFamily Law cases. The Rule iseffective October 1, 2013 forCriminal, Traffic, and Juvenile cases.

Note: this Rule is voluntary inBroward County, the 17th JudicialCircuit. They have a wonderfulpage with a tutorial, FAQ, andbreakdown of each Supreme CourtAdministrative Order, LocalAdministrative Order and field-specific orders athttp://www.17th.flcourts.org/index.php/court-administration/court-programs/efiling-program)

Broward County Pilot Program for Acceptance and Service of ElectronicAgreed Orders and Court Documents pursuant to Florida Rule of JudicialAdministration 2.516, effective December 1, 2012 for specific cases andjudges. Using the online scheduling system, attorneys can file certainAgreed Orders to the judge and opposing parties. Once executed (ordenied) by the judge, the Order will be emailed back to the attorneys ofrecord. More information can be found at:http://www.17th.flcourts.org/index.php/announcements/195-eordersannounce

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Say Hello to our New Members!

KAVITA BEDASIEBroward College

TRECIA BENNETTBroward College

KENNETH HARTiami Dade College

NE HISHINUMA KADLACok Hardy & Bacon, LLP

AYDEE MARTINEZSoutheastern University

AYSON MATHURINm Beach State College

ENNETH KOONCECity College

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Board & Chairs

PresidentKaren George, FRP

NALA LiaisonArturo Rodriguez, CP

Janet Betancourt, CLA, FRP

NFPA LiaisonMary Ann Myskiw-Jones, CP

Bar Liaison CommitteeKaren George, FRP

Broward Chapter CommitteeJennifer Patti, FRP

Miami Education ChairVivian Fusco, CP

Employment CommitteeMayda Nahhas, CP

Ethics CommitteeJanet Betancourt, CLA, FRP

FAPA DelegatesKaren George, FRP

Nora Portuondo, CP, FRP

Membership CommitteeMimi Gross

School Liaison CommitteeMayda Nahhas, CP

WebmasterJennifer Patti, FRP

Additional News

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Get

The SFPA Legal Journal isublished quarterly & is theal publication of the Southrida Paralegal Association.

Subscriptions are free.The deadline for articles &rtising for the next issue is

De

ce

mb

er

20

12

:

February 1, 2013.

Staff

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Involved!

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20

12

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Arturo Rodriguez, CPEditor in Chief

Lisa VesselsProduction Editor

Looking for Advertising Editor

"Individual commitment to a group effort - that is what makes a team work a company work, a societywork, a civilization work."

~ Vince Lombardi


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