2013 NFPA Annual Meeting - Proposed Agenda Topics and Bylaws
Recommendation
Agenda Topic #1 – Procedures for Special Elections
The NFPA Nominations Committee developed special election procedures to fill NFPA Board vacancies which occur
during the Board member’s term of office, excluding the president and region director positions; the procedures
were submitted to the NFPA Board for approval at the 2013 Summer Board Meeting, and shall become effective
upon approval by a majority vote of the voting member associations at the 2013 Annual Meeting. NFPA Procedures
Manual Sections 5.2, 5.9 and 5.12 will be amended.
Support
PROS: Mechanism to fill any NFPA Board vacancy which occurs during the Board member’s term of office, other than
president and region directors.
CONS: None.
Agenda Topic #2 – Expand the Eligibility Requirements to Sit for PACE® to Include Eligibility through having held a
CRP™ credential for 2 years or more and having met certain additional requirements
The proposed resolution would allow additional qualified paralegals to be eligible to take PACE® without the
additional involvement of a Request for Exception by the Paralegal Certification Standards Committee (PCSC). The
Eligibility requirements for PACE® would be expanded to include passing and holding the CRP™ designation for two
years or more with successful renewal, remaining CRP™ in good standing, and including at least six years of
substantive paralegal experience. Co-Sponsored by six NFPA Associations.
Oppose
PROS: Additional qualified paralegals would be eligible to take PACE®, which would create additional revenue for
NFPA.
CONS: None.
Agenda Topic #3 - Establish an annual “Ethics Week” the first week in May
Since May 1st is designated as National Law Day, designate the first week in May as Ethics Week on an annual basis.
NFPA would feature various activities to highlight the importance of ethics to the Paralegal Profession.
Recommended activities could be: a competition to write articles on ethics, NFPA to schedule webinars with various
topics on ethics, ethical quizzes based on the NFPA Model Code of Ethics and Ethics Opinions could be posted to the
NFPA website, local associations could be encouraged to develop their own unique celebration of Ethics. CoSponsored by six NFPA Associations.
PROS: By designating an Ethics Week, NFPA would demonstrate why it is the leader of the paralegal profession,
provide further education and training to reinforce ethical behavior, and demonstrate to the professional
community at large, that NFPA is taking an active role in assisting paralegals to maintain a high level of ethical
behavior.
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Support
Support
(Yes)
Oppose
(No)
2013 NFPA Annual Meeting - Proposed Agenda Topics and Bylaws
CONS: None.
Agenda Topic #4 – Suspend Payments to FAPP (Foundation for the Advancement of the Paralegal Profession)
Pursuant to previous Resolutions, FAPP receives one-half of the net profits from the sale of all PACE® materials,
registration fees and CLE credits from seminars. This proposal would authorize the suspension of any further
payments to FAPP of any such net profits from PACE® until such time as the negative PACE® equity would reach a
positive balance. This proposal would seek to stop all payments pending the full reduction of any PACE® Equity
amount on the Statement of Financial Position of NFPA. PACE® was last updated in 2007 at a cost of $37,870.14.
This exam should be updated every five years, but due to financial constraints, it was not updated in 2012 or 2013.
FAPP has the means to market and promote its foundation. These means include the Foundation’s website,
membership, various programs, including the “Essential Pieces Campaign” and through the support of other
likeminded associations and/or foundations. This Agenda Topic was Co-sponsored by IPA and Arkansas Paralegal
Association. Resolutions 94M-11, OOS-4, 01S-7 and 05-09 would be amended.
Support
PROS: The authors believe this will enhance the financial position of NFPA.
CONS: FAPP offers grants for up to $1,000 to paralegals, associations, national and non-profit type groups for the
purpose of marketing or promotion of voluntary certification programs based upon the number of persons reached
or impacted and projects for which funding may be difficult to obtain.
Agenda Topic # 5 – Form an ad hoc committee to eventually draft and publish a “State of the Paralegal Profession
Report”
Request the NFPA Board form an ad hoc committee to explore the possibility of NFPA drafting and publishing a
“State of the Paralegal Profession Report.” The ad hoc committee, if created, would report to the NFPA Delegates at
the next Annual Meeting. The report could be published every four (4) years and provide detailed analysis of events
and trends affecting the Paralegal Profession, including detailed salary information by region and state that could be
used to assess current salaries and preparation of fee applications. Additionally, this proposed report could
determine if paralegals holding the CRP™ and RP® credentials are billed at a higher rate. This was Co-Sponsored by
four associations.
Support
PROS: Demonstrate forward thinking with regard to the Paralegal Profession and demonstrate why NFPA is the
“Leader of the Paralegal Profession.” This Report could be sold to generate revenue.
CONS: The cost to conduct and publish a survey.
Agenda Topic # 6 – NFPA issue a Position Paper on Disbarred Attorney working as Paralegals
Requesting that NFPA issue a Position Paper on Disbarred and/or Suspended Attorneys Working as Paralegals. In
2001, NFPA Delegates enacted Resolution 01S-11 wherein they acknowledged “that it is unethical for attorneys
whose licenses have been revoked or are under suspension to gain employment and perform legal tasks handled by
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Support
2013 NFPA Annual Meeting - Proposed Agenda Topics and Bylaws
paralegals. . . ” The resolution further acknowledged “the many adverse effects that a suspended or disbarred
attorney working as a paralegal would pose to the paralegal profession” and advocated “an active position against
allowing suspended or disbarred attorneys from entering the paralegal profession.” The Delegates did not extend
this to prohibit membership in NFPA despite the strong language in this resolution. Bylaw 3.3(A) and (E)(1) would be
amended.
PROS: While NFPA cannot stop disbarred or suspended attorneys from practicing as paralegals or employers from
hiring them as paralegals – it can issue a public statement opposing this practice. NFPA has a duty to the paralegal
members in its ranks. Issuing a position statement opposing hiring of disbarred/suspended attorneys as paralegals
would be consistent with prior resolutions of the NFPA Delegates and opinions of the Ethics Board. It would also
further protect the consuming public and raise NFPA in the eyes of the rest of the legal community.
CONS: None.
Bylaw Resolution #1 - Increase dues for Voting Member Associations
A proposed increase of $5.00 in dues for Voting Member Associations. The last dues increase for Voting Member
Associations was in 2005 and prior to that 1992. Dues were decreased in 1996 by $5.00 per student member of each
Voting Member Association. Currently, member associations pay $25 per voting member to NFPA and $20 per
student member. If adopted, the additional revenue would allow NFPA to meet projected expenses for the next 3 to
5 years, permit the funding of adequate reserves for emergencies, and maintain and possibly improve member
benefits. Adequate reserves are necessary to pay for budgeted expenses during the interim between the receipt of
dues and the receipt of income from the annual meeting. Co-Sponsored by one association.
PROS: Increasing dues is necessary to maintain a strong and effective Federation. Member benefits have risen
dramatically (printing and mailing expenses of the Reporter, maintenance of NFPA’s website and associated
technology, and postage.) It has become increasingly difficult to raise funds through vendors and sponsors who are
cutting their own costs. While NFPA has made cuts in its budget and expenses, NFPA’s reserves have decreased
dramatically to a point where member benefits may be adversely affected without an increase in dues. The Voting
Member Associations will have enough time to prepare for the increase during their budgeting process, especially in
light of the fact that this agenda topic is being submitted and circulated to the delegates of the Voting Member
Associations five months prior to the effective date proposed for the dues increase.
CONS: An increase in dues may create a financial burden to some Voting Member Associations.
Bylaw Resolution #2 - Amend NFPA’s Membership Criteria to Exclude Convicted Felons and Paralegals on Criminal
Probation From Membership Eligibility
Despite a long history of discussing incarcerated paralegals as members of NFPA, to date, the Delegates have not
enacted any resolutions that would also preclude convicted felons or those former inmates serving a probationary
sentence from joining NFPA. It is likely these groups were also intended to be included in the “incarcerated”
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Support
2013 NFPA Annual Meeting - Proposed Agenda Topics and Bylaws
prohibition but the existing Resolutions do not specifically state that. Several member associations have been
contacted by persons either in jail or that have had a prior felony conviction and have served time. Many of these
individuals that have contacted local member associations have sought membership in the association since they
have, in many cases, been reading books in the prison law library and/or performing legal work themselves. Article
III, Section 3.3(A)(e) and (E)(1)(b) would be amended.
IPA NOTE: IPA’s Code of By-laws Section 3.07 states: Involuntary Termination or Rejection of Membership. A
member or prospective member shall be expelled and membership thereby terminated or rejected for (a)
nonpayment of dues or other assessments, (b) conviction of a felony, (c) being guilty of conduct actually found to
injure the good name of the Association, or (d) failing to maintain a high standard of professional ethics.
PROS: Amending the membership criteria would be consistent with NFPA’s Model Code of Ethics, Character and
Fitness criteria for its certification exams, and would enhance the credibility of member paralegals in the eyes of the
legal community and the consuming public. Amending the membership criteria to exclude those currently on
probation, or convicted of a felony, would strengthen the integrity of the association.
CONS: This might exclude some potential members from joining NFPA. However, any rehabilitated person could
petition NFPA for an exemption to allow membership. Denial of membership to a paralegal convicted of a felony
would enhance the integrity of NFPA membership far more than the probative harm that would come from denial of
convicted felons. One other potential area of concern might be if some local member associations already have
convicted felons or paralegals on probation among their membership. Such a problem could be alleviated if these
members (who are expected to be few in number, if any) could be grandfathered into NFPA membership and
therefore would not be affected.
Bylaw Resolution #3 - Amend the NFPA membership requirements to prohibit disbarred or suspended attorneys
from joining NFPA
NFPA Bylaw Rule 3.3 does not prohibit disbarred/suspended attorneys from joining, either as an individual sustaining
member or as a voting member of a local member association. Recognizing the possibility of rehabilitation being a
disbarred or suspended attorney could petition the NFPA Ethics Board for an exemption. The NFPA Ethics Board
could then make a recommendation to the NFPA Board of Directors who shall ultimately have the authority to
determine whether to grant an exemption to the prospective member excluded by virtue of being a disbarred or
suspended attorney. Indeed, Resolution 01S-09 provides for the possibility of rehabilitation: “Be it further resolved,
when considering an appeal, the appropriate appellate body should also consider, but shall not be limited to, the
nature of the act, rehabilitation, the time that has transpired since the act, and any other extraordinary
circumstances.”The NFPA Ethics Board addressed the issue of disbarred attorneys in its Informal Ethics and
Disciplinary Opinion No. 05-02. Bylaw 3.3(A)(1) and (E)(1)(b) would be amended.
PROS: Based on past resolutions and ethics opinions, it is obvious that NFPA does not condone disbarred or
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Support
2013 NFPA Annual Meeting - Proposed Agenda Topics and Bylaws
suspended attorneys working as paralegals. Disallowing them to become NFPA members would finalize the efforts
of the Delegates in 2001. It would also further protect the consuming public and raise NFPA in the eyes of the rest of
the legal community.
CONS: A few prospective members might be lost if NFPA adopts this position and amends its membership bylaws to
prohibit disbarred attorneys and local associations would also have to individually amend their own membership
requirements to comply with the NFPA rules.
Comments:
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Printed Name of Voting Member
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Signature Voting Member
Date
Please forward your signed ballot to Angela R. Hopson at AHopson@csmlawfirm.com by September 23, 2013.
Thanks!
We the NFPA Primary and Secondary act as your liaisons between NFPA and IPA and are excited to
present the proposed Agenda Topics and Bylaw Resolutions presented for 2013.
The Restated Bylaws of the National Federation of Paralegal Associations, Inc., Article V, Section 5.1., states: “The delegate
assembly shall be the supreme authoritative body of NFPA with the legislative power to determine the policies which shall govern
NFPA in all of its activities. Meetings of the delegate assembly will be called policy meetings.”
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2013 NFPA Annual Meeting - Proposed Agenda Topics and Bylaws
This year the policy meetings will be held on October 5th and 6th, 2013 at the Annual Convention in Hartford, CT. Laura Thirion and I
will be attending to represent YOU as a voting member of IPA. Please give us your comments and observations so we can represent
you on the national level and forward your signed ballot to Angela R. Hopson at AHopson@csmlawfirm.com by September 23, 2013.
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