President's Message
By Catherine Durgin, ACP
June, 2010
The CAS is back and it is better than ever!
The Commission for Advanced California Paralegal Specialization,
Inc. (CACPS) is pleased to be in the final stages of launching its
first online CAS program. CACPS invites you to participate in
the CALIFORNIA ADVANCED SPECIALIST program in CALIFORNIA DISCOVERY.
CACPS has created a California Advanced Specialist (CAS) program in
California Discovery. Designed to supplement NALA’s Advanced
Paralegal Certification (APC) course in Discovery, the CAS in
Discovery consists of three modules of text, interactive exercises,
and quizzes. The format and delivery is similar to NALA’s APC
programs. The CAS in Discovery is not a stand-alone program.
Rather, the CAS in Discovery complements NALA’s APC course by
highlighting the differences in California law as opposed to the
federal law covered by the APC Discovery program.
The following is a summary of the CAS Discovery program:
Module 1 of the CAS Discovery course provides an overview of
California civil discovery, including the allowable scope of
discovery, a discussion of permitted privileges in California, and
ethics. The module then moves into propounding forms of formal
discovery in California, including depositions, interrogatories
(both form and special), production of documents and tangible things
and inspection of land and property, requests for admissions,
physical and mental examinations, and exchanges of trial expert
information. Relevant California Code sections are included,
and care is taken to cover timing and deadline issues, noticing
requirements and the paralegal’s role in the process.
Module 2 of the CAS Discovery course covers responding to all of the
types of discovery discussed in Module 1. Strategies are
provided for calendaring response deadlines, raising various
objections, how to work with clients to obtain information to
prepare responses and to gather responsive document, and proper
verification of responses. Paralegals are provided instruction
on how to challenge deposition notices and subpoenas, when a motion
for protective order can be filed, and how to prepare privilege
logs. Module 2 includes sample discovery questions and
responses for illustration of the various points discussed.
Finally, there is a discussion on the best procedures to disclose
expert witnesses together with expert witness reports.
Module 3 of the CAS Discovery course covers third party discovery,
including the various types of subpoenas available to require
witnesses to testify and/or produce documents. Module 3
includes a detailed discussion of the difficult procedure for
obtaining consumer and employment records in California. Out
of state and out of country depositions are covered.
Also discussed in Module 3 is how to bring a motion to compel
responses or further responses from an uncooperative opposing party
and when sanctions are appropriate. Paralegals are provided
instruction on how to request documents from governmental agencies
under the California Public Records Act and what types of documents
are available. Special discovery rules relating to limited
jurisdiction cases are discussed, and the module concludes with a
discussion of newly enacted California electronic discovery
statutes.
Again, the CAS in Discovery is designed to be taken after completion
of NALA’s Advanced Paralegal Course in Discovery. Upon
successful completion of the CAS program in Discovery, CACPS will
award the California Advanced Specialist (CAS) credential if the
participating CLA/CP also holds the APC in Discovery awarded by
NALA.
Certified Legal Assistants/Paralegals
seeking the CAS credential are required to:
- Complete and submit a CACPS learning
contract as part of the registration process. The CACPS Board needs
to know the ACP’s intent is to seek the CAS certification.
- Complete all course modules and module tests with a minimum score of 90% correct.
- Complete all course modules within 90
days of your enrollment. The courses are designed to influence
learning. Participants may take the module tests as many times as
necessary to reach the required score.
- Submit a Statement of Completion to
the CACPS board which alerts the CACPS Board that participant has
completed the course, describes your experience with the program,
and starts the process of issuing the credential. This is due within
30 days of course completion.
A CAS course is not complete without
fulfilling each of these requirements. The required forms may be
completed and submitted on-line. The forms will be available on the
APC and CACPS web site.
In addition to being awarded the CAS credential, upon completion of
the course, NALA certified paralegals may receive 10 hours of
continuing legal education credit toward maintenance of the CLA/CP
credential.
Volunteers Wanted!
To launch an online CAS program involves several steps:
- Recruit team of subject matter experts and appoint project team
leaders
- Draft Subject Matter Outline and obtain approval of outline from CACPS board
Draft Modules (project team works together to draft the text of each
module)
- Draft interactive exercises for each Module
- Draft test questions for the tests that follow each Module
- Verify that all substitutive text in modules meets requirements for readability and other standards for professional
certification programs
- Create power point slides, including illustrative slides, all module text, exercises and questions
Develop Course Library, which includes all of the references
(cases and statutes) required to draft the online assessment
- Prepare Voice Over
- Upload power point slides to web learning manager and
reformatting to go live
- Maintenance and updating
If you are interested in getting involved with CACPS, please contact
Catherine R. Durgin at
Catherine.durgin@gmail.com.