CALSPro - California Association of Legal Support Professionals

CALSPro Bill AB 2286 Is Working Its Way Through The Legislature

Posted May 3, 2018 in Legislation

By Chad Barger, Chairman, Legislative Committee

As reported in my last blog, our CALSPro bill, AB 2286, sponsored by state Assemblyman, Phillip Chen, R-55^th District, which amends the service hours for a CCP1011(b) is working its way through the legislature.  The proposed amendment is to expand the hours for service on a pro se party by leaving a copy with anyone, other than the party, at his or her residence between the hours of 7 AM to 9 PM.

The proposed amendment simply widens the window to effect serving notice to the pro se party by leaving the documents with someone else if he or she is not present. However, we have received push-back from the Assembly Judiciary on the expansion of the morning hours. We are working diligently to keep the bill alive. We will keep you updated on the bill’s progress.

In March, the committee met at CALSPro headquarters in Sacramento to discuss the topic of obstruction of justice. Several great ideas were presented, and we have begun to formulate the framework to add greater protection for California process servers, along with greater access to guarded/gated “Multiple commercial business complexes” and “Multiple residential buildings.” If you have ideas on this subject, please contact me.

Lastly, at our board of directors meeting in March, the committee was provided with the list of potential bills that could affect our profession.  As we pour over the proposed legislation, we encourage you to do the same. The link to active legislation can be found here:  https://www.calspro.org/members/. If you are logged into the CALSPro website, you will be able to bypass the login for our Client Access page; otherwise, you will need those login credentials.

Stay tuned for more legislative update in the months to come.

Legislative Committee Report

Posted December 21, 2017 in Legislation

by Chad Barger, Chairman

At the beginning of November, the Legislative committee began meeting to discuss a potential legislative agenda for 2018. After lengthy discussions, we narrowed our focus to the following items that were approved by the Board of Directors at the December 2^nd board meeting in San Jose, California:

• Obstruction of Justice ‐ Review existing statutes and/or begin to draft language to make it a crime for interfering or obstructing civil process — along with potential penalties.
• CRC 2.257(a) ‐ Develop language to allow eSignatures and how to affix an eSignature — along with the requirement to store the original signed document.
• Limited Liability Company ‐ Codifying a manner of service into the CCP 416 section for service of an LLC, perhaps grafting or cross‐referencing Corp. Code sec. 17701.16.
• CCP 1011(b) ‐ Expanding the hours of service on a person, other than a pro se party, at the litigant’s home, currently from 8 AM to 6 PM, and lengthening the hours from 7 AM to 9 PM

The Board also approved CALSPro’s membership for 2018 in the Coalition for Improving Court Access (CICA).  The coalition has been instrumental in addressing the issues with eFiling and eService since 2015 and we’re happy to have a seat at the table.

The committee is excited about the agenda and has already started working on several of the items.  I look forward to updating you on our progress in the months to come.

LinkedIn- What is it & how can it help me?

Posted July 1, 2014 in Education, Legislation, Membership

Social media is a great way to connect with clients and keep up to date on what everyone is up to. That being said, social media posts aren’t always the most professional & may contain more personal information than we want clients or potential employers to have access to. This is where LinkedIn comes in to play. It is the social media solution for business professionals. Linkedin is not the place you post about your cat, your political opinions or about the most amazing cheeseburger in the world. Linkedin is a place for professionals who want to advance their careers and/or their businesses to connect with each other. I recently had an amazing opportunity to attend a seminar given by Wayne Breitbarth (www.powerformula.net) where he gave some great insights of how to use this powerful tool to find business opportunities. If you are serious about fully utilizing LinkedIn, I recommend going to his website and checking out all of his resources. Here are some of the most important things you need to know:

Profile:

Think of your Linkedin profile as your online resume. This is where you can showcase what sets you apart and makes you specially qualified to work in the position you are seeking, or to work for the clients you are going after. The profile can/should be fluid and it can be tweaked to meet your current purposes. For example, if I’m trying to pick up an account that I know does primarily workers comp defense, I’m probably going to update my profile to talk about my experience with surveillance and maybe share some stories about catching people committing fraud, BEFORE I REACH OUT TO CONNECT. Another important thing to know is that the profile should be keyword rich. Unlike Google & most other search engines these days, the Linkedin search algorithm rewards the use of key words used again and again. The more you can work in those key words, the better. That being said, keep in mind that prospective employers/clients will be reading it as though it were your resume, so make sure that it reads well and that your use of key words doesn’t become obnoxious.

Connections:

Understanding how connections work is very important. There are 1^st level, 2^nd level, 3^rd level and 4^th level connections. 1^st level connections are people you are currently connected with, 2^nd level connections are connected with one of your current connections and so on. The closer you are to somebody, the more profile information you can see, and the easier it is to connect with them. The more shared connections you have with someone, the more likely they are to accept an invitation to connect. If there is someone really important you want to connect with, reach out to a mutual connection first and ask for an introduction. In the “real world” we all know this works great, but it also works online too; and that’s one of the most powerful things about LinkedIn. Think about who you might be able to connect with that might not be in your typical professional circle. It may be an old classmate, a neighbor or someone from church. You never know who might be able to put you in contact with that person, and that will make all the difference.

Now, before you go connecting with people like it’s Myspace in 2003, there is a caveat you need to consider. If you are connected with people who you would consider “competition”, then you could inadvertently be introducing your clients to your competition or at the very least, increasing the probability that they will connect. One of the wonderful things about CALSPro is that we work together as process serving and photocopy companies to help each other & I don’t want to minimize that; however it’s important to consider whom you want to connect with and if you would want them to see all of your other connections and everything you have posted on your profile. I personally connect with other private investigators and process serves & I have even hired several independent contractors because I found them using LinkedIn.

Groups:

On LinkedIn, it’s important to join groups for the same reason it’s important to join groups in “real life”; because it helps us meet people and expand our professional network. The key here is to think about what kind of people you would like to meet & join groups that they would belong to. If you want to meet attorneys, join bar association type groups. If you are trying to meet process servers, join one of the many process server groups. There is a limit of 50 groups that any one person can join, so join as many as you can up to that point. If you do join a bunch of groups, make sure to go in and change the email notification settings; otherwise you will be inundated with emails.

Joseph Jones
CALSPro Technology Committee Member

Bank of America – Notice of Change of Designated Centeralized Location

Posted May 9, 2014 in Education, Legislation, Membership

Bank of America, N.A.’s Notice of Change of Designated Centralized Location for Valid Service of Civil Levies and Other Legal Process (AB 2364)

Download Notice:

Internet Explorer Users Beware – Immanent Threat

Posted April 30, 2014 in Education, Legislation, Membership, Technology

As chairman of the technology it is my job to provide information and resources that enable CALSPro members and process servers to further educate themselves on all things technology.  These items can range from things that merely make our jobs simpler to the downright necessary. Well, this is one of those moments where you need to take note and pay attention because it down right necessary.

I come across many articles on a daily basis and I have to decide, is this the one?  Is this the kind of information that the membership cannot do without?  Eventually I do find the topic that I just have to pass on.  Such is the case with regard to “0day” (zero-day).

It has been discovered that Microsoft’s Internet Explorer (IE) is vulnerable to a massive security flaw that can harm your computer and network.  The warning comes from the United States Department of Homeland Security’s United States Computer Emergency Readiness Team (US-CERT) and is echoed by the UK National Computer Emergency Response Team.

US-CERT has the following message posted on its website is as follows:

“US-CERT is aware of active exploitation of a use-after-free vulnerability in Microsoft Internet Explorer. This vulnerability affects IE versions 6 through 11 and could allow unauthorized remote code execution.

US-CERT recommends that users and administrators review Microsoft Security Advisory 2963983 for mitigation actions and workarounds. Those who cannot follow Microsoft’s recommendations, such as Windows XP users, may consider employing an alternate browser.”

FireEye researchers have already said that a known gang of malicious hackers are already exploiting the previously unknown use-after-free vulnerability in targeted attacks per ARS Technica. The popular website also notes the following:

“The “zero-day” code-execution hole in IE versions 6 through 11 represents a significant threat to the Internet security because there is currently no fix for the underlying bug, which affects an estimated 26 percent of the total browser market. It’s also the first severe vulnerability to affect Windows XP users since Microsoft withdrew its support for the aging operating system earlier this month. Users who have the option of using an alternate browser should avoid all use of IE for the time being. Those who remain dependent on the Microsoft browser should immediately install EMET, Microsoft’s freely available toolkit that greatly extends the security of Windows systems.”

“Everybody should be moving off of it now. They should have done it months ago,” said Jeff Williams, director of security strategy with Dell SecureWorks.

It is my recommendation to you, as a concerned member of the association and as your Technology Chairman, that you immediately start using another internet browser until the Microsoft has completely resolved this issue.  Alternative internet browser that I would suggest switching to in order of best security features are:

1. Google’s Chrome  (https://www.google.com/intl/en/chrome/browser/)
2. Mozilla’s FireFox  (http://www.mozilla.org/en-US/firefox/new/)
3. Opera Software’s Opera  (http://www.opera.com/)
4. Apple’s Safari (can be used on PC also)  (http://support.apple.com/downloads/#safari)

(A list of alternative browsers can be found at:

http://internet-browser-review.toptenreviews.com/)

Please do not take these warnings lightly.  The potential risk or not taking action regarding these warnings could potentially cost you hundreds if not thousands of dollars. For additional information on “zero-day” and the security warnings please visit the following websites:

US Department of Homeland Security:  http://www.dhs.gov/

Reuters: http://www.reuters.com/article/2014/04/28/us-cybersecurity-microsoft-browser-idUSBREA3Q0PB20140428

FindLaw.com: http://blogs.findlaw.com/technologist/2014/04/security-warning-stop-using-internet-explorer.html#more

Kenneth Hastings
CALSPro Director & Technology Chair

UPDATE ON AB 2286

Posted April 29, 2014 in Legislation

UPDATE ON AB 2286

AB 2286 – This is a bill introduced by Assembly Member Wagner and sponsored by CALSPro. To quote the bill, “This law would remove oversight of the registration of process servers from the counties and place it within the State Bar of California.”

The bill was moving through the Assembly Judiciary Committee, with the first hearing scheduled for April 26, 2014. Unexpected and unanticipated opposition has recently been expressed by the California Supreme Court. After discussions with the court, CALSPro will be asking Assembly Member Wagner to withdraw the bill.

Discussions will continue within CALSPro regarding our registration with the possibility of new legislation being submitted in 2015.

More information will be available at the next CALSPro Board of Directors meeting, scheduled for June 21, 2014 in Sacramento.

Steven C. Janney
For the Legislative Committee

Superior Court of California – County of San Diego – Notice To Attorneys

Posted April 23, 2014 in Education, Membership

NEW, REVISED OR REPEALED FORMS FOR THE JUDICIAL COUNCIL AND SAN DIEGO SUPERIOR COURT

Attached is a list of new, revised or repealed Judicial Council and San Diego Superior Court forms which are now available for use. Court forms available on the Internet may be found at: www.sdcourt.ca.gov, and/or printed forms may be found at the San Diego Superior Court business offices as indicated.

Superior Court of California – County of Ventura – Notice To Attorneys

Posted April 22, 2014 in Conference, Education

NOTICE OF CHANGE OF SAME-DAY FILING DEADLINE FOR DOCUMENTS DEPOSITED IN COURT DROP BOX

Effective April 21, 2014

Pursuant to California Rule of Court 2.210(a), drop boxes are currently provided outside each Clerk’s Office for filing papers or submitting payments.

Effective Monday, April 21, 2014, the same-day filing deadline for any document deposited in the court’s drop boxes will no longer be 5:00 p.m. Instead, any document deposited in the boxes up to and including 4:30 p.m. on a court business day is deemed to have been deposited for filing on that day. Any document deposited in the court’s drop box on a judicial holiday, or after 4:30 p.m. is deemed to have been deposited for filing on the next court business day.

The End of an Era

Posted March 21, 2014 in Education, Legislation, Membership, Technology

An ever going part of process serving is the technology driving it and on April 8, 2014 Microsoft will end its support of the most successful operating system; Windows XP.  XP continues to be the most popular operating system that Microsoft has ever released, with nearly 1/3 of all computers in the world still using it.  Although XP will still continue to run on systems, process servers and photocopiers need to be aware of a few potential upcoming problems.

A main concern is the end of automatic updates, to include security updates.  With security updates no longer available, a PC which has access to or contains HIPPA (E-PHI) protect information might not be in compliance after 4/8/14.  Rule 164.308(a)(5)(ii)(B): “Protection from malicious software (Addressable).  Procedures for guarding against, detecting, and reporting malicious software.”  Although there is little definitive information on this, it appears that many in the healthcare fields are stating that XP systems (even 1 on the network) will no longer be in compliance after 4/8/14.

Another point to consider as 4/8/14 draws closer is what happens after Microsoft’s support ends. Many software vendors and hardware manufacturers will also stop supporting their programs and hardware.  Meaning that less and less software options and drivers will be available for use on XP systems.  More than likely any new software or hardware purchased will not be compatible with XP in the near future.

Now might be a good time to review your current operating systems and explore upgrading options.  Although XP will still continue to work, it might be better to plan ahead and avoid the above issues down the road.

Davis Best
Technology Committee Member

Remaining Relevant in the Digital Age – Part Two

Posted November 12, 2013 in Conference, Education, Legislation, Membership

Click HERE to read part one.

Our theme for the 45^th Annual Conference was “eService – What’s Now?  What’s Next?”  A catchy theme name indeed…  Catchy, perhaps, yet hidden behind that clever moniker lurks something sinister, at least one could certainly make that argument.  One could also make the argument that there’s something provocative there, too.  After all, this is California.  We do ground breaking here as a matter of course.  Disruption is our middle name.  So, which is it, sinister or provocative?

It was at this Conference that we tried to answer those questions.  As you know, we’ve focused heavily this year on eService.  How it is affecting us now.  How it could affect us in the future.  Where do we fit in the process (sorry, it’s just a natural pun)?  What can we do to remain relevant as technology hurls (flings, throws and chucks are other verbs that come to mind) us towards the precipice of electronic service of process? Many of us have spent countless hours on the phone, in meetings, in front of our computers and more, and what we’ve found is that today, there are really more questions then answers.  That hasn’t stopped us however, from at least trying to better understand what those questions might be or, as they sometimes ask in the development world:  What are the known unknowns?  What are the unknown unknowns?

So, at our Conference in Tahoe, we set out, as an Association, to continue the discussion, answer some of those questions and devise a plan of attack.  Saturday, October 5^th, was the kick off.  As chairman of the eService committee I was the host and moderator, so I started things off.  Here is some of what I said:

…We are at a crossroads and it’s up to all of us to figure out which way to turn.  That’s why we are here.  That’s why the Conference Committee took the courageous step to devote so much time to this topic over the weekend.  So WE can have the discussion.  So WE can begin to formulate a plan.  Today we’re going to hear from Jeff Karotkin, who has been telling us for many, many, years, that this day was coming.  We’ll also hear from Ray Maranda, President of the Quebec Bailiff’s Association.  Jeff’s going to give a bit of background about eFiling and eService, including the players, the courts and more.  Perhaps he’ll even scare you a bit.  Ray’s going to enlighten us about both his and his Association’s experiences.  What’s happening today in Quebec and how they got there.  He’ll give us a bit of advice too.  Lastly, he’ll provide a glimpse into the Quebec’s Bailiff’s Assoc. application.  Then, after lunch, I’ll talk briefly about existing code sections and rules.  Some are eService related, and some aren’t, but perhaps could be.   Then, the real fun starts!  The part I’m most excited about:  A bit of back and forth with our panel, and you, during the town hall portion of this event.  I’m guessing we may leave the room today with perhaps more questions than answers but that’s okay, because we’re here to “begin to formulate a plan” [from the December 2012 motion].  Tomorrow, we meet again, after things have sunk in a bit.  Hopefully after you’ve had a chance to yak with others over cocktails or craps.   It will be a casual meeting and everyone is welcome.  My ultimate goal this weekend is to be able to come away from this Conference with some direction.  That direction, I hope, will either be, or become, marching orders for Steve [Janney] and the Legislative Committee.

 Well, that sums up what we were about that weekend.  Jeff did scare us a bit (perhaps a lot).  Ray gave us some information about what his Association did; it was groundbreaking and very courageous I think.  I put together what I hoped was a provocative fifteen or so minutes of areas we could perhaps “attack.”  The panel (which consisted of Andy Estin, Steve Janney, Jeff Karotkin, Michael Kern, Tony Klein Ray Maranda and David Nill) and the audience had some great back and forth.  And, the next morning, we brought it home.  The new board and officers, along with the members in attendance, all joined together for what I called a whiteboard session. We brainstormed, we argued, we asked tough questions, and it all began to gel.  We decided to tackle three things first:

1. Our Best Practices and Core Values.  What are they now?  What has to be revised?  Without some guiding principles, we decided, we couldn’t really move forward.
2. What technology options are there in terms of some sort of eService portal (like the Quebec Bailiff’s Association has)?  Do we want or need one?  If so, should we build our own?  Should we leverage an existing platform?
3. We have to lead this effort or someone else will.  How do we become the recognized central authority (think mandatory certification/licensing of all CA servers, for example) in CA?

From these three initiatives, if you will, three sub-committees were formed, all under the umbrella of the eService committee.  Jeff Karotkin agreed to chair the Best Practices/Core Values sub-committee.  The additional members of that committee are Jenny Blevins, Tom Bowman, Tony Klein, David Nill and Stephanie Sayler.  Ken Hastings agreed to chair the eService Portal sub-committee.  Joining him are Davis Best, Jenny Blevins, Wendy Bowman, Hope Peck and myself.  Steve Janney, as Legislative Chair, will head up the Certification/Licensing sub-committee.  The other members of that sub-committee are Tom Alkema, Chad Barger, Wendy Bowman, Cliff Jacobs, Larry Kirlin, Tony Klein, Hope Peck and Maya Solis.

We also agreed that these sub-committees would have to get active very quickly, and report back to the Board on their progress, very soon.  We wanted to keep things moving forward, and more importantly, we realized that time was our enemy.  So, we set up a two-hour conference call, to be held Friday, November 8^th.  I’m writing this article the weekend after that meeting and I’m happy to report that everyone continues to do their part, as evidenced by the reports and discussion that took place.   We still have a lot of work to do but as Wendy and I agreed when we spoke just after the meeting, it’s wonderful that we are having this dialogue!

What’s next, you ask?  Well, at the December Board meeting in San Jose we’re going to make some decisions as the sub-committees have been tasked with coming to that meeting with recommendations on which the Board can vote.  And, that’s where you come in, my fellow member.  Do you have something to say about all of this?  Do you want to participate?  Do you want to hear what’s going on?  If you answered “yes” to any of these questions then you need to be at that meeting.   We hope to see you there because we’re at a crossroads and together we can figure out which way we should turn!

–by Mark Schwartz, Chairman, eService Committee