Notary Public & Legal Support Network Blog

Constable Charged in Court Disruption

2008-05-31T14:34:00.001-04:00

LEOMINSTER — A Fitchburg constable pleaded not guilty yesterday to charges of disrupting a court proceeding and disorderly conduct. The accusations stem from an alleged outburst at Housing Court in February.

Lorie A. Spaulding, 40, appeared in court as a litigant on Feb. 7. According to court records, she is a constable, responsible for serving legal papers such as divorce and eviction notices.

Ms. Spaulding was in Housing Court in Fitchburg and became disruptive after receiving an “unfavorable disposition” in a case in which she was a party, according to a report by Court Officer Robert V. Taylor. When the court began hearing a second case in which Ms. Spaulding was involved, she repeatedly interrupted Judge Diane Horan and was ordered to be taken into custody for being in contempt of court, Mr. Taylor wrote.

Ms. Spaulding refused to comply with the officer’s orders and tried to flee the courtroom, he said, ultimately being handcuffed on the ground. She was not injured, according to the report by Mr. Taylor.

The case is being heard in Leominster District Court to avoid a conflict of interest in Fitchburg, Judge John J. Curran ruled.

MA Police Officers can be forced to take lie detector test

2008-05-30T15:04:00.002-04:00

The SJC ruled that a person who serves as a Police Officer in Massachusetts can be forced to take a lie detector test if the officer is being investigated for misconduct.

I completely agree with this law. If a police officer is performing his or her duties correctly, then why would they refuse to take a lie detector test? It will allow the public to have more faith and confidence in the police that serve and protect us.

No more false allegations or cases by those very few corrupt police officers out there in Massachusetts! Thank you SJC!

More on this topic later...............

Duty To Preserve Evidence

2008-05-26T20:52:00.001-04:00

A party to litigation, or to litigation that is reasonably foreseeable, has a duty to preserve evidence in its possession or control that may be relevant. If a party destroys evidence in its custody or control it can be subject to sanctions that range from an assessment of costs and fees, to suppression of evidence, an adverse jury instruction, or even outright dismissal of the case.

The Superior Court recently ruled on a case in which a plaintiff alleged that a malfunctioning refrigerator, which was later destroyed by a nonparty, caused a fire. In that case, the Superior Court reiterated the general rule that, in Massachusetts, a nonparty has no duty to preserve evidence. See Quincy Mut. Ins. Co. v. W.C. Wood Co., Middlesex Superior Court, Civil Action No. 0402346 (June 6, 2007) (Gershengorn, J.). However, an exception to this rule is when a party to the litigation imposes an obligation on the nonparty to retain the evidence.

Specifically, if a party to a litigation wants a nonparty to retain certain evidence, the party must either issue a subpoena to the nonparty requesting the evidence or enter into a contract with the nonparty to maintain the evidence.

Although the case at issue involved product liability (the refrigerator), the court’s holding arguably applies to all evidence. Thus, not only does it apply to products, but it could apply to documents such as contracts, invoices, advertisements, e-mails, or any other evidence that would be relevant to the case.

As a result, if you are a party to a litigation, or even reasonably believe you will be a party to a litigation, and you know a nonparty has evidence that you will need to prove or defend the case, you or your attorney must take affirmative actions to ensure the nonparty has a duty to preserve the evidence.

Thank you Constables...

2008-05-19T10:33:00.005-04:00

Thank you to all those who assisted our Network in apprehending the judgment debtors who had outstanding CAPIAS warrants with us. I'm proud to announce that out of the 13 people we were searching for, only three couldn't be located. All others were served and brought before the Court where the warrants were issued.

Thank you to the Constables and other officers authorized to serve civil process. You all worked quickly and professionally. Your service to the Massachusetts Notary Public & Legal Support Network is greatly appreciated.

I would also like to thank Ashley for stepping up and taking over for me in organizing and controlling this campaign. As you all know, an unprovoked situation happened with me and a family member on May 10th. On May 12th I had to be in Court and the whole ordeal screwed up my week. ---- Luckily, I won at Court! :-D --- Thank you so much Ashley!

Thanks,
Korey

Capias Enforcement Week

2008-05-10T10:25:00.004-04:00

To all Civil Enforcement Officers of this Network:

The Massachusetts Notary Public & Legal Support Network will attempt to serve most of the oustanding capias warrants we have on file this week in the following cities/towns:

Leominster
Fitchburg
Groton
Lunenburg
Ayer
Lancaster

So, if you're a Constable, deputy sheriff, or other authorized Civil Enforcement Officer of this Network, please login and go to the Capias Warrant section of our members area to get the names of those we need to serve.

We need two people to cover each of the locations above. Ayer, Fitchburg, and Lancaster are covered because we already have two C.E.O.'s who will search for the subjects. Therefore we only need to cover Leominster, Groton, and Lunenburg.

Please search dilligently. If you encounter problems, don't be a hero, call the police and have them assist you.

If you can't locate someone you should ask around especially in the small Towns where everybody knows everyone else.

We will attempt service starting Monday May 12 thru Friday May 16th. For more information either contact me or call Korey at (978) 877-2536.

Thanks,
Ashley

P.S.: For those who don't already know, we have a new website dedicated to advertising our subpoena services and process server services. Go here to view it
http://www.ma-process-server.com/

Be Careful Before Reporting a Case Settled to the Court

2008-04-20T10:23:00.003-04:00

Before a case is reported settled to the court, it is important to be sure that both the clients and the attorneys are aware of all terms that will ultimately be a part of the settlement agreement. In Basis Technology Corp. v. Amazon.com, Inc., 71 Mass. App. Ct. 29 (2008), the Appeals Court affirmed the lower court’s decision to enforce a settlement agreement that consisted of an e-mail exchange between counsel on the third day of a trial. Specifically, in Basis Technology Corp., the parties reported the case settled to the court based on an e-mail exchange between counsel that outlined the terms of the settlement, but contemplated drafting an actual settlement agreement. Consequently, the trial court ended the trial and issued a dismissal nisi order. Despite the e-mail and the report of settlement, the parties were unable to agree on a written settlement agreement, and the court ultimately enforced the settlement as initially agreed in the e-mail.

In its decision, the court found that the mere fact that the parties needed to memorialize the settlement terms did not make the settlement incomplete and did not support an argument that the parties had not agreed on the essential business terms of the settlement. Thus, the Basis Technology court stood by a decision it made twenty years earlier when it stated that “if the parties have agreed upon all material terms, it may be inferred that the purpose of a final document which the parties agree to execute is to serve as a polished memorandum of an already binding contract.” Goren v. Royal Invs., Inc., 25 Mass. App. Ct. 137, 140 (1987).

A large factor in the court’s enforcement of the settlement agreement is that the parties had reported the matter settled to the court. As has been noted in several cases, enforcing settlement agreements that have been orally relayed to the court protects the integrity of the judicial process as well as the parties themselves. It allows courts to dismiss juries, clean up their dockets and prepare for the next case. It also allows parties to rely on the results of negotiations that they have had in coming to a settlement conclusion.

SJC: Online messages can be grounds for sex charges in MA

2008-04-19T11:15:00.002-04:00

In a ruling that should be a warning to all online predators, the state's highest court has ruled that a person can be charged with enticing a minor simply by sending online messages over the Internet.

Lawyers for Richard Disler had argued that his September 2005 conviction in Essex County for child enticement should be overturned because the online instant messages he exchanged with an undercover police officer posing as a 14-year-old girl were merely words.

Disler's lawyers argued the law requires the suspect do more such as travel to a rendezvous.

But the state Supreme Judicial Court disagreed, noting that a person can be charged with enticement, if he or she uses "words, gestures or other means" with criminal intent to induce a minor.

The court ruled there is nothing in the language of the law that indicates there must be an overt act.

The court also rejected other arguments claiming his free speech was violated and that this was entrapment because the girl didn't exist.

Disler was sentenced to three years probation with conditions that he have no unsupervised contact with children under 16 and register as a sex offender.

Police Departments – Internal Affairs

2008-03-24T10:59:00.002-04:00

My Network works with a few organizations that exist to deter police misconduct. One of the best known organizations is the Police Complaint Center (PCC).

A former client of ours asks, “I have been the victim of police harassment in my town of xxxxxx. Every time I complain, the internal affairs department says my case has no merit! What can I do?”

In small towns, an internal affairs department usually consists of one to three police officers who supposedly investigate complaints of police brutality/misconduct. They’re a waste of time and taxpayer money!

Although the so called “Internal Affairs Department” has concluded that you weren’t harassed [or the victim of police brutality] does not mean you are legally prevented from bringing a cause of action against the police officer and/or the police department in a court of law.

The IA report will be brought up as evidence against your lawsuit; however, you can easily persuade a jury that the IA report has been “sugarcoated” in favor of the police officer. ---- This is why the IA reports are useless! -----

For example, let’s say a guest of yours falls through a weak floor that you knew was unsafe and that you intended to fix. Since you own the home, the party who got hurt sues you for their pain and suffering and medical bills. Your friend, who also lives with you on the property, investigates the matter and writes you a letter saying that the injury sustained by the plaintiff [person suing you] was not the direct result of your negligence and/or the poor condition of your property. ---- Do you really believe this letter (a report) will help your case? Of course not!

So, in conclusion, don’t let a sugarcoated IA report discourage you from filing civil or criminal charges against a police officer and/or police department.

P.S.: I should add that you don’t need to be a police officer to file criminal charges against someone.

Title 18 U.S.C. § 1501

2008-03-09T22:17:00.005-04:00

A Process Server of this Network asks, "what protections do I have as a process server in Massachusetts, if any? . . . Lets say that I am pushed down a flight of stairs while serving a subpoena issued by a United States Court because a person was pissed that they got served. What laws, if any, in Massachusetts, would assist me in getting justice?"

Answer: It is a violation of Federal Law to assault and/or wound a Process Server. Since Federal Law trumps State Law, I will only write about the Federal. It does not matter if you're a constable, deputy sheriff, appointed by the court to serve process (special process server), or a disinterested process server. All that matters is the following:

you are serving court related process for a United States Court (subpoenas, motions, etc.); AND
you are authorized by law or court rules to serve the process; AND
the person who assaulted you knows, or should know, that you are a process server (this is why most process servers carry a badge and/or a process server ID); AND
while serving the process, you were the victim of an assault.

If the aforementioned elements exist, then the person who pushed you down a flight of stairs has violated Federal Law and can be punished under Title 18 U.S.C. § 1501 (text of law appears below).

Additionally, the above cited Federal Law makes it a crime for a person to do the following:

obstruct a process server who is serving court related process; OR
resist a process server who is serving court related process; OR
oppose a process server who is serving court related process; OR
beat a process server who is serving court related process; OR
wound a process server who is serving court related process.

I should add that the law applies to anyone who obstructs, resists, wounds, opposes, assaults, beats, or wounds a process server. It does not have to be from the person who is the recipient of the document you are serving. For instance, lets say you are at an apartment complex and someone comes running up to you and punches you in the nose. That person has violated the Federal Law.

Most process servers carry a badge or some form of process server identification. Not because we are trying to impersonate police officers, but because we want to make darn sure that an attacker [or one who resists, obstructs, etc.] had reason to know that we were acting in an official capacity. Case law regarding Title 18 U.S.C. § 1501 tells us that the attacker [or one who resists, obstructs, etc.] does not have to know that we are serving process. Rather, they only need to know that a person is there for official business. Having a badge or ID hanging out in plain view implies "official business".

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Title 18 U.S.C. § 1501 - Assault on Process Server

Whoever knowingly and willfully obstructs, resists, or opposes any officer of the United States, or other person duly authorized, in serving, or attempting to serve or execute, any legal or judicial writ or process of any court of the United States, or United States magistrate judge; or

Whoever assaults, beats, or wounds any officer or other person duly authorized, knowing him to be such officer, or other person so duly authorized, in serving or executing any such writ, rule, order, process, warrant, or other legal or judicial writ or process—

Shall, except as otherwise provided by law, be fined under this title or imprisoned not more than one year, or both.

=================================================

Specific Functions of a Paralegal

2008-03-09T16:51:00.004-04:00

I was asked to describe the paralegal services I provide in the simplest way possible. Here is my brief explanation as how I see and interpret my paralegal services:

The simplest explanation:
I, as a paralegal, am a disinterested third party who is credible, in the eyes of the court of law, who acts as a mediator when disputes arise between two or more parties.

Detailed explanation:
I, as a paralegal, am a disinterested third party who is credible, in the eyes of the court of law, who acts as a mediator when disputes arise between two or more parties. I am not an attorney, although the court recognizes me as a legal professional who has very similar obligations and duties as an attorney licensed to practice law.

As a paralegal I hold many different responsibilities, including, but not limited too the following:

Investigator = I must ensure that the information given to me is accurate. Additionally, I must investigate every aspect of a case I am requested to service – if there are any holes, it is my job to fill them.
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Mediator = When disputes arise between two or more parties it is my job to get the parties to communicate. For instance, if property is confiscated by the police, and the owner of the property questions the police officers actions, it is my job to ensure that the police officer provides the property owner with (1) proof of confiscation and (2) I must ensure that the confiscation was justified by researching the law (i.e., general laws, federal laws, court rules, case law, etc.). My main objective, however, is to get the parties to communicate. Always remember, "where communication fails, confusion follows!"
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Dispute Resolution = If there is a dispute, I must follow the law and reach a legal resolution.
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Enforcer of the Law = If a crime has been committed, it is my ethical duty to inform the proper authorities. I may also have to bring criminals up on charges and provide the prosecutors with the evidence needed to prove a criminal case beyond a reasonable doubt.
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Evidence Technician = When it comes to civil cases, I may be the one who has to safeguard evidence for use at trial for a client.
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Advocate = It is the paralegal who may have to represent a client before government agencies, police departments, board meetings, etc. Most government agencies, private organizations, the legal community, etc. all recognize Paralegals.
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Counselor = When people are victimized, or families break up, I will be the one who will hear the clients story(ies). It is I who will comfort the client/victim and reassure them that things will get better.
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THE LIST CONTINUES………

Many people believe that a paralegal is like a legal secretary whose only job function is to draft documents for lawyers. If only this was true, my job would be easy! LOL Sometimes I am required to work with an attorney, other times I work independently.

Keep in mind that the above only deals with my paralegal services. I am also a Public Officer and [Court] Process Server.

I hope this answers your question.

--- KOREY ---

Process Server Badge & ID

2008-02-25T16:20:00.006-05:00

If you're interested in purchasing a high-quality Process Server badge like the one shown below, please visit our online store. Please note that the online store is currently being edited and more products will be made available in the future.

Currently you can purchase the following products:

Process Server ID cards (PVC card)
Process Server Badge (high quality)
Notary Public ID cards (PVC card)

If you have any suggestions, please send us an email.

Thanks,
Korey

Notary Members Take Notice

2008-02-07T16:15:00.000-05:00

Attention Members:

Please excuse the delay in my post. I've been extremely busy lately and haven't had the time to blog.

A motion was made by Troy a month or two ago about proposed changes concerning the notaries public of this Network. (Scroll down and read his proposal).

Our members have voted to accept his policy change. Therefore, the old text reads (pg. 73 of the Massachusetts Notary Public & Legal Support Network's manual):

"Any commissioned Massachusetts Notary Public may become a member of this Network once their status is confirmed by the Governor's Council. However, a Notary may be denied membership if their commission has any valid complaints on file with the Commonwealth. . . What constitutes a “valid” complaint will be at the discretion of the Founder. . ."

and shall be changed to:

"A commissioned Notary Public, pursuant to MGL c. 222 s. 1, is eligible for membership in this Network if the Notary works in the legal field and has at least 1.5 years of experience as a practicing Notary Public. Otherwise, for all other Notaries Public not working in the legal field, the Notary must demonstrate, to the satisfaction of the Founder, that he/she is in full compliance with Executive Order 455 (04-04). If the Founder determines that the Notary Public has demonstrated compliance, a Certificate of Membership shall be issued in accordance with our policy."

The new policy became active on the 1st of February 2008. If you have any questions or concerns about the change, feel free to email me directly.

Thanks,
Ashley

SOP on Federal Property

2008-01-29T15:23:00.000-05:00

I had to laugh today. One of my process servers had to serve a document at Shriver Job Corps. It was a simple demand letter that any disinterested person could serve. Regardless, my server went inside Job Corps and asked to see the people he was attempting to serve. One person was unavailable so he served it on an agent of Job Corps. The other person was the head of security. He handed the gentleman the paper and the security guard looked up and said to him, "do you know you're on Federal property?" The guard went on to spew some bullshit story about how he, as an officer on federal property, cannot be served.

My server explained to him that it doesn't matter what type of property it is. So, once again, the guy said, "do you know you're on Federal property?" Irritated, my process server said in a sarcastic tone, "do you know you're only a security guard! I don't care if this is holy ground and you're the Pope!"

He served the paper and walked away and the guard told him he'll be hearing from the director of Job Corps.

Some people crack me up! ........................... I guess you had to be there. :)

UPDATE: Although the guard tried to intimidate my process server, and after spewing crap about how he can't be served, Job Corps called my client and agreed to comply with the demand letter I drafted and had served. What happened to the process being voidable because it was served on "Federal property"? ---- Jackass, pure jackass. -ROTFLMAO-

MEMBERSHIP WITH THIS NETWORK

2008-01-27T14:56:00.000-05:00

As of January 2008, membership in this Network will be by invitation only. This new policy will not affect current members, however.

Furthermore, every affiliate must possess two year's of experience and must pass a C.O.R.I. check. Anyone who has ever been convicted of a felony, any drug related offenses (under 10 years old), domestic abuse, and/or any crimes directed towards a police officer, will not be eligible for membership.

There are no fees or dues owed once you become a member. Any money owed to you for services will be paid by the client requesting the service (i.e., attorney).

Why the policy change? This matter was voted on by the current (800) members throughout Massachusetts -- 428 members voted in favor of this motion, while the remaining 372 members voted against this motion.

Proposed Policy Change

2008-01-09T11:28:00.000-05:00

I'm proposing a new policy that will target notary public members. If you agree, you’re encouraged to login and vote. Also, I suggest letting Korey know of your thoughts regarding my policy change because nothing can be changed without his authorization.

Last year, out of 1,800 (rounded) notary service requests, 56 clients complained about the notaries we sent to them -- 2% of the complaints dealt with improper notarizations; 59% dealt with the notaries showing up later then the scheduled times; and 39% of the complaints dealt with the notaries lack of knowledge concerning their duties as a notary public.

Although 56 complaints out of 1,800 notarizations is relatively low, I want to have our Network provide the best possible notary services. Therefore, my proposed policy change will be as follows:

The Massachusetts Notary Public & Legal Support Network's policy on Notary Public members is as follows (pg. 73):

"Any commissioned Massachusetts Notary Public may become a member of this Network once their status is confirmed by the Governor's Council. However, a Notary may be denied membership if their commission has any valid complaints on file with the Commonwealth. . . What constitutes a “valid” complaint will be at the discretion of the Founder. . ."

I would like to delete that paragraph and have it read:

"A commissioned Notary Public, pursuant to MGL c. 222 s. 1, is eligible for membership in this Network if the Notary works in the legal field and has at least 1.5 years of experience as a practicing Notary Public. Otherwise, for all other Notaries Public not working in the legal field, the Notary must demonstrate, to the satisfaction of the Founder, that he/she is in full compliance with Executive Order 455 (04-04). If the Founder determines that the Notary Public has demonstrated compliance, a Certificate of Membership shall be issued in accordance with our policy."

Please login and vote either to accept this new policy or to reject it. Voting will end on January 31, 2008.

Thanks,
Troy

Notice to Members

2007-12-20T12:54:00.000-05:00

Thank you to all the members who have donated money to various Massachusetts Police Departments. More than $10,000.00 has been donated thanks to your contributions (yes I know, our website editor put the wrong amount on our home page :-] ). Police Officer's, EMT's, Firefighter's, etc. all do a wonderful public service and deserve respect and recognition for their work. As a legal support network, it's our duty to give back to them.

Our Network has done a great job this year. Can you believe that we have delegated over 9,500 service requests since Feb 2007 - Dec 2007? It's true! Login for more facts about our Network for this year.

From December 21st to January 7th we will not be delegating any services. We're closed between the aforementioned dates.

Happy holidays to you all and I'll see you at our New Year's Eve party. Remember, you may invite your family and two friends. For more information about our New Year's Eve party, please login.

Judge went off the rails

2007-12-03T11:38:00.000-05:00

So last Tuesday, Judge Robert Restaino was removed from the bench because of a bit of an outburst. Back in 2005, Judge Restaino was hearing a domestic violence case when someone’s cell phone went off. And the judge simply went off the rails:

"Everyone is going to jail. Every single person is going to jail in this courtroom unless I get that instrument now. If anybody believes I’m kidding, ask some of the folks that have been here for a while. You are all going."

And sure enough, when nobody fessed up, the judge had all 46 people taken into custody and tossed into the city jail. Most posted bail, but the fourteen who couldn’t were shackled and bussed off to the county jail.

It didn’t take long for word of this story to get out, and after the press started calling later in the afternoon, Judge Restaino ordered everyone released.

---------------------------------------------

Imagine that you're in court supporting a friend when suddenly you hear someone's cell phone ringing. You think to yourself, "ooohhh, that persons gonna get yelled at!". When suddenly, the judge orders you, and everyone else in the courtroom, into custody!

I don't know about the rest of you, but I would be pissed!

Approved distance learning schools

2007-11-23T20:47:00.000-05:00

The following distance learning schools/colleges have been approved by our Network:

The Paralegal Institute -- an accredited two year college that offers various paralegal and criminal justice related programs. One of the oldest and most respected paralegal schools in the country.
Washington Online Learning Institute -- This school is regionally accredited and offers many programs relating to paralegal studies. The only downfall about this school is that they're fairly new. For all we know, the school might go out of business in a year or two. (Note: "fairly new" in this context = under 10 years old).
Blackstone Career Institute -- This school is accredited and offers basically the same courses that The Paralegal Institute offers.
National Paralegal College -- This college offers basically the same courses that Blackstone Career Institute and The Paralegal Institute offers. The downfall about this school is that they're fairly new.

Our Network attorney has verified that all of the schools are licensed by the State they operate in and are accredited by an agency recognized by the U.S. Department of Education and Council for Higher Education Accreditation (CHEA).

The attorney highly recommends The Paralegal Institute because they have a wonderful curriculum and have been specializing in legal careers since 1974. The Paralegal Institute is one of the oldest paralegal schools in the country.

If any member would like the attorney to review any other distance learning school, please log in and submit the schools information. Remember, according to the USDE and CHEA, national accreditation and regional accreditation are equal. Most of the information you read on the Internet about the regional accreditation v. national accreditation controversy is outdated.

MA Seal on Constable Badges

2007-11-16T08:06:00.000-05:00

Thanks to Lyle R. Hasley, a Constable for Mashpee, our Network has learned that a Constable's badge should not bear the Sigil of the Commonwealth of Massachusetts unless he/she is in regular employment as a Constable. Furthermore, a Constable may not use the seal of the Commonwealth on any business advertisement, according to MGL.

The 'Process Server' page, which has a Constable badge as an image, will be edited shortly.

Thanks again Constable Hasley for bringing this matter to our attention. To those that may need a Constable and/or a Notary Public in the Mashpee area, be sure to contact:

Lyle R. Hasley
508-360-6575

Constitutional Rights? What's that?

2007-11-15T08:56:00.000-05:00

To hell with your supposed Constitutional rights - we need our money!

Boston and Washington, D.C. are pissed off about the fact that folks are going to court to contest parking tickets, taking away revenue from the cities. I mean, why should citizens take advantage of their right to have their day in court?

So D.C. is phasing out the right to challenge any parking citation. And in Boston and other Massachusetts cities, folks “cannot challenge a $100 parking ticket in court without first paying a $275 court fee,” a fee which is not refunded if they’re ultimately found innocent.

Looks like Bush’s attempt to turn our country into a Constitution-free zone is contagious.

Visit the full article by clicking here.

Network Meeting -- November 14th

2007-11-14T22:09:00.001-05:00

Hey everyone,

I wanted to take the time to thank all those who attended our network meeting this afternoon. It was really wonderful meeting all of you and I look forward to speaking to you all again real soon.

For those members who were unable to attend, please log in and watch the video of the meeting. The meeting covered the following topics:

Paralegal Ethics - (Speakers: Korey Humphreys & Amanda Hyde);
MA Process Server Laws/Rules - (Video Courtesy of MPSN);
How to properly perform your duties as a Notary Public - (Speaker: Ashley);
Member Questions/Comments

A verbatim transcript of the meeting will be available in 5 days. Be sure to log in to download the transcript in PDF format.

Thanks,
~Ashley, "Primary" Member~

Legal Education -- DETC Accreditation

2007-11-14T00:47:00.000-05:00

As required by majority vote, I was required to research possibilities for CLE (continuing legal education) training. Specifically, I was asked to check out the Distance Education and Training Council (DETC) and determine whether or not this national accreditor is acceptable for members of our Network. Therefore, my findings follow.

DETC is a "national accreditor" recognized by the United States Department of Education and the Council for Higher Education Accreditation (CHEA). DETC accredits entire institutions and the programs they offer. Since DETC only accredits institutions that offer more than half of their programs through distance learning, the Accrediting Commission’s examining teams are experienced specialists and practitioners who ensure that an institution’s programs and services are designed and delivered appropriately for distance learning.

Is national accreditation equal to regional accreditation?

Yes. The U.S. Department of Education recognizes all accrediting bodies in the same manner. For instance, a regional accreditor, such as the New England Association of Schools and Colleges, has to undergo the SAME rigorous process as a national accreditor (i.e., DETC) in order to be recognized. The process employed must meet the Criteria for Recognition, which can be found in Federal regulations. The Criteria do not differentiate between types of accrediting agencies, so the recognition granted to all types of accrediting agencies -- regional, institutional, specialized, and programmatic -- is IDENTICAL.

Sadly some people still believe that regional accreditation is superior then national accreditation. This belief is not only false, but has caused many graduates of nationally accredited schools problems. For example, there are some regionally accredited colleges that refuse to accept credits earned at nationally accredited colleges simply because of their accreditation status. The credit transfer issue is basically due to "snobbery" practices that are discriminatory, to say the least. Luckily this "snobbery" is rapidly diminishing. In fact, Congress, the Department of Education, and the Department of Justice have been investigating this anti-competitive practice by higher education.

Is distance learning a real way a paralegal, or other legal professional, can continue their education?

The National Association of Legal Assistants (NALA), National Federation of Paralegal Associations (NFPA), and the American Association on Paralegal Education (AAfPE), all acknowledge that distance education is an acceptable method of paralegal training.

Almost all Colleges and Universities nowadays offer some courses via distance education.

Should employers accept distance learning degrees and/or diplomas?

Yes, why shouldn't they? If the U.S. Department of Education and/or Council for Higher Education Accreditation (CHEA) view distance learning as a legit way in gaining an education, why would employers disregard a degree/diploma earned via distance learning?

Employers should only worry about whether or not a degree/diploma came from a school accredited by an agency recognized by the U.S. Department of Education and/or CHEA (i.e., DETC).

Ten years ago distance education wasn't taken seriously. Nowadays, however, probably due to technology advancements, distance learning is taken seriously and is only questioned by older generations. Did you know that some teens can now "attend" virtual (online) high school? It's true!

Can you recap what you learned about DETC accreditation?

DETC accreditation is valid.
DETC accreditation is equal to regional accreditation in the eyes of the Secretary of Education and CHEA.
DETC accreditation ensures that the school it accredits is a legit school that helps students gain a real education.

Can you offer evidence that supports your information?

Yes. Click here to read a letter that was written by the U.S. Department of Education. This letter confirms that DETC, and other national accreditors, are equal to regional accreditation. Furthermore, it proves that DETC is a valid accreditor.

DETC has a lot of valuable information on their website that concerns accreditation. Additionally, they have wonderful info about the regional vs. national issue. Click here to visit their website.

Have you ever taken courses at a nationally accredited (i.e., DETC) school?

I have taken courses at both regionally and nationally accredited colleges; however I never knew much about accreditation until I started to research this issue. I earned a Degree in Paralegal Studies from a regionally accredited college and have earned numerous certificates from a DETC accredited college that specializes in legal careers. (The courses at the "regional college" were taken on campus, whereas the courses taken from the "national college" were taken off campus.)

I even tested the "national college" by enrolling in a legal course (in Civil Litigation) I had already taken at the "regional college". Both college's had me studying from the same textbook and offered similar assignments/tests that covered the textbook material.

I felt that I had learned valuable information from both college's and am very happy with the learning experience.

(Note: As mentioned above, I learned about the different types of accreditation while researching this topic for our members. Back when I tested both colleges, I was only testing whether or not the distance learning college was equivalent to what I was learning in the classroom. Regardless, the test is relevant for this discussion.)

So, would your Network accept nationally accredited diplomas/degrees?

Yes! It is a fact that national accreditation is equal to regional accreditation, so who am I to say that it isn't? There is no valid reason why I, or anyone, should ever disregard a diploma/degree earned at a nationally accredited school. If the U.S. Department of Education and/or Council for Higher Education Accreditation acknowledge it as valid, then I'm inclined to agree with them.

Don't be brainwashed into believing differently. In the real world employers only care whether or not the degree/diploma came from an accredited school.