Houston Paralegal Association

- BYLAWS -

Amended and restated 08/25/2004

 

I.     Name

The name of this Association shall be Houston Paralegal Association (HPA).  This Association shall be affiliated with the National Association of Legal Assistants, Inc. (NALA).

The Association adopts the following Mission Statement:

     HPA Pledges to provide programs of education and professional development to advance the 

     professional development, objectives and goals of paralegals.

 

     HPA will promote the paralegal profession by maintaining ethical conduct and the highest standards 

     of integrity for governing its members.

 

     HPA is dedicated to promoting the education and understanding of legal professionals and the 

     general public, regarding the utilization of paralegals to assist attorneys in providing effective legal

     services.

II.    Purpose

The purpose of this Association shall be as follows:

2.1   To establish good fellowship among association members, the National Association of Legal Assistants, Inc. and the legal community;

2.2   To encourage high ethical and professional attainment;

2.3   To further education among members of the profession;

2.4   To provide opportunities for membership involvement in pro-bono and charitable activities;

2.5   To cooperate with state and local bar associations and other law-related professional associations;

2.6   To support and carry out the programs, purposes, aims and goals of the National Association of Legal Assistants, Inc.; and

2.7   To promote the professional development and acceptance of paralegals in the legal community.

III.     Policy and Definition

3.1    This Association shall be non-partisan, non-profit and non-union.

3.2   No actions or programs may be initiated or undertaken (now or in the future) in conflict with the bylaws of the National Association of Legal Assistants, Inc.

3.3   For purpose of the by-laws, the term "paralegal" and "legal assistant" are interchangeable. The Association hereby adopts the definition of legal assistant/paralegal as defined by the American Bar Association.

 IV.    Membership

 4.1   Membership in this Association shall be open to paralegals/legal assistants (as defined in sect. 3.2 of the bylaws), students in paralegal programs and paralegal trainees employed by an attorney, law firm, legal department, government, judicial or legal agency or other organization devoted to the practice of law.

 4.2   There shall be four classes of members: Active, Associate, Sustaining and Honorary.  Only active members may vote and hold an elected or appointed office in this Association.

       (A)   Active Members shall be members who meet the definition of paralegal/legal assistant adopted by this Association. 

       (B)   Associate Members shall be members who are employed as a paralegal trainees and/or students enrolled in a paralegal program, and paralegals meeting the criteria for Active members, but who are not currently employed under the direct supervision of an attorney.

       (C)   Sustaining Members shall be any firm, agency, corporation or other entity interested in supporting the legal assistant profession and this Association.

       (D)   Honorary Members shall be paralegal institutions with certified or degreed programs and/or representatives thereof. 

4.3    Application for membership of this Association shall be submitted to the Second Vice President. The application forms should clearly state that the Association is an affiliated association of the National Association of Legal Assistants, Inc. and that all members are bound by the NALA Code of Ethics and Professional Responsibility in addition to any code adopted by the Association.  Approval of membership shall be noted on forms in accordance with standing rules adopted by this Association.

4.4   The Executive Committee shall cancel the membership of any member by a majority vote upon determining that such member has (1) been convicted of a felony, or (2) violated the Code of Ethics and Professional Responsibility of this Association.  Additionally, the Executive Committee may cancel the membership of any member by a majority vote upon determining that such member has (a) been found guilty of conduct which would substantially injure the good name of this Association, or (b) failed to maintain a high standard of professional ethics, which in either case would have been deemed sufficient for rejection of a membership application.  Any member whose membership is canceled shall forfeit their dues for the current year.  Right to appeal shall be provided in these bylaws or as hereafter provided for in the Standing Rules of this Association and not otherwise.

4.5   A member may resign at will by submitting their resignation to the President or a member of the Executive Committee.  Such resignation shall be deemed to be effective when accepted by the Executive Committee if it has no effective date stated therein, and dues for the current year will be forfeited. 

4.6   Membership in this Association may not be transferred or assigned.

V.      Dues and Assessment

The dues of the Association shall be set by the Executive Committee, shall be due on September 1st of each year and payable by November 1st.  If any member shall be in default after November 1st, the dues shall be subject to a late fee of $15.00. If any member shall be in default after December 31st, such person's membership shall be terminated. Individuals so terminated may be reinstated upon reapplication and payment of dues and late fees.

VI.     Meetings

6.1     Meetings of the Association for educational, social and business purposes shall be held monthly at such date, place and hour to be determined by the Executive Committee.

6.2     Special meetings of the Association may be called by the President or by a majority of the Executive Committee or by 10% of the Active membership. Special meetings may be called and fifteen (15) days notice must be given to all members of the Association.

6.3     One-fourth (1/4) of the voting membership shall constitute a quorum. In the event of a vote for dissolution of the Association, a quorum shall consist of two-thirds (2/3) of the voting membership of the Association.

6.4     An annual meeting shall be held in July or August for the purposes of electing officers, hearing reports of officers and chairpersons and adopting a budget for the ensuing fiscal year. Notice of the annual meeting shall be in writing to all members, at least thirty (30) days prior to the meeting. Notice will also include the slate of candidates for elected officers.

6.5   It is required that this Association hold a minimum of four education events OR a total of 10 hours of education during each fiscal year in order to maintain affiliation with the National Association of Legal Assistants, Inc.  These programs may be held in connection with a regular business meeting of the membership.

6.6   The Officers, Committee members and Association members may participate in a meeting by means of telephone conference or similar communication equipment whereby all persons participating in the meeting can communicate with each other.  Participation in a meeting pursuant to this section shall constitute presence in person at the meeting.  Unless otherwise restricted by the authority documents or these bylaws, a meeting as specified in this section may be conducted solely by means of remote communication.

VII.    Officers and Executive Committee

7.1    The officers of this Association shall be chosen by the voting members of the Association at the annual meeting.  The elected officers shall be the President, President-Elect, First Vice-president, Second Vice- President, Third Vice-president, Treasurer, Secretary, Parliamentarian and a NALA Liaison. 

7.2     Terms of office shall be one year. Term Limitations for every officer shall be limited to two successive elected terms to the same position or office.

7.3     The Executive Committee shall be composed of elected and appointed officers. The Executive Committee shall act as the governing body for the Association and shall manage, control and direct the affairs and property of the Association.

7.4     The President and one additional officer, approved by the Executive Committee, shall represent the Association at meetings of the Texas Alliance of Paralegal Associations.

7.5     The Executive Committee shall meet no less than ten (10) times per fiscal year and meetings shall be held at a date, time and place determined by the President.

7.6    At the discretion of the President, a special vote of the Executive Committee may be called.

VIII.   Election of Officers 

8.1     The Parliamentarian shall chair the Election Committee which shall he comprised of two Active members and the Parliamentarian. The Election Committee shall present a slate of candidates to the membership 30 days prior to the annual meeting. Members in good standing will be allowed to vote by proxy.  No name shall be on the slate without consent of the candidate.

8.2     Only Active members may hold an elected office or appointed office.

8.3     Un-expired terms of office shall be filled by appointment by the Executive Committee.

8.4     Any officer (elected or appointed) absent from three consecutive meetings without good cause, may be removed from office by the Executive Committee.

8.5   Names of newly elected or appointed officers shall be submitted to NALA headquarters and the Affiliated Associations Director at least thirty (30) days after election and/or appointment.

IX.     Duties of Elected and Appointed Officers

9.1     President - This officer shall preside over all Executive Committee meetings and membership meetings. The President shall pass on files to his/her successor immediately upon the installation of the newly elected Executive Committee and shall cause all others officers and chairperson's files to be passed on to their respective successors. The President shall not cast a vote on any matters that require a vote by the Executive Committee. However, the President may be called upon by the Executive Committee to cast a vote in order to break a tie.

9.2     President-Elect - This officer shall preside and shall assume all duties assigned to the President in the President's absence. This officer shall be a member of the Continuing Legal Education Committee and Membership Committee.

9.3      First Vice-President - This officer shall automatically be chairperson of the Continuing Legal Education Committee. This officer shall be responsible for planning CLE meetings, seminars and workshops.

9.4      Second Vice-President - This officer shall automatically be chairperson of the Membership Committee and shall be charged with the responsibility of developing programs to encourage membership in the Association. This officer shall receive applications for membership and present names of applicants to membership committee members for acceptance or rejection. Upon approval of membership, approved application forms shall be signed by this officer and delivered to the Treasurer with due payments.  This officer is also responsible for keeping a current roster of membership and reporting membership annually to NALA with the renewal fee for continued affiliation with NALA.

9.5     Third Vice-President - This officer shall automatically be the chairperson of the Public Relations Committee and shall be charged with the responsibility of promoting and marketing the Association at events by advertising and other means on a local, statewide and national level.  This officer shall also be responsible for promotional items of the Association.

9.6    Secretary - This officer shall be responsible for taking minutes at all meetings and keeping permanent minutes. This officer shall assist the President in any way including giving notice of meetings.  Association minutes of any meeting shall be available to the NALA President upon request.

9.7     Treasurer - This officer shall deposit all funds and make all disbursements, subject to the approval of the Executive Committee and as provided in the budget. The Executive Committee must approve any expenses greater than $200.00 before there is an obligation to pay. The Treasurer shall be chairperson of the Finance Committee, which committee shall prepare a budget for the ensuing fiscal year, which shall be adopted by the membership at the annual meeting. (The budget shall be presented to the Executive Committee prior to the presentation at the annual meeting.) The Treasurer may be bonded (premium paid by the Association). All disbursements of the Association funds must be by Association check and signed by the Treasurer or other signatory as indicated on bank records. This officer shall submit a written financial report at each Executive Committee meeting to be attached to official minutes as part of the permanent record of the Association. 

9.8      Parliamentarian - This officer shall attend all meetings and give opinions on parliamentary procedure upon request of the President. This officer shall be familiar with Association bylaws, NALA bylaws, shall receive all proposed bylaw amendments and prepare standing rules and amendments to standing rules and bylaws at the request of the Executive Committee. Roberts Rules of Order (latest edition) shall serve as parliamentary authority for items not covered by these bylaws or the Association standing rules.

9.9   NALA Liaison - This officer shall be a NALA active member, shall be familiar with the NALA Bylaws, shall receive minutes of all NALA meetings and shall represent the Association at the NALA annual meeting of affiliated associations.  This officer shall report quarterly on Association activities to the NALA Affiliated Associations Director on forms provided by NALA headquarters and shall report all officers' names to NALA headquarters and the NALA Affiliated Associations Director.  This officer may submit items the Association wishes to be discussed to the NALA Affiliated Associations Director and shall participate in discussion sessions at NALA annual meetings.  A report to Association members on the NALA annual meeting will be required.  This officer shall, within sixty (60) days of passage, notify the NALA Affiliates Associations Director of any changes in the Association's bylaws.  This officer shall be the main contact between NALA and the Association.  This officer shall be a member of the governing body of this Association.

X.     Committees

10.1  Standing Committees shall be as follows:

A.      Continuing Legal Education (First Vice-President as chair)

B.       Membership (Second Vice-President as chair)

C.     Public Relations (Third Vice-President as chair)

D.       Finance (Treasurer as chair)

E.       Election (Parliamentarian as chair)

F.       Social

G.       Website

Excepting the chairs of the Continuing Legal Education, Membership, Finance and Election committees, chairperson shall be an Active member and shall be appointed by the President. The Executive Committee, as shall be deemed advisable, may authorize additional standing committees.

10.2    The Executive Committee shall have the authority to create such special committees as may be deemed necessary for specific purposes. The chairperson of special committees shall be an Active member appointed by the President, subject to the approval of the Executive Committee. The chairperson shall furnish reports and may attend Executive Committee meetings when requested by the Executive Committee, but shall not have voting rights unless they also hold an elected position.

XI.      Fiscal Year

The fiscal year of this Association shall begin on September 1st and end on the last day of the following August.

XII.   Code of Ethics

12.1   Every member of this Association shall subscribe to and be bound by the Code of Ethics and Professional Responsibility of the National Association of Legal Assistants, Inc. and any other code so adopted by the membership of this Association.

12.2   Any member whose membership has been dismissed due to a violation of this Association's and NALA's Code of Ethics may appeal to the Executive Committee upon written request to the President of the Association.  The member must agree to be bound by the majority decision of the Executive Committee.

XII.   Dissolution

In the event of dissolution of this Association, all property and assets shall be distributed to a nonprofit charitable organization as defined by the Internal Revenue Code, to be selected by a majority vote of the remaining members of the Association, notice having been given to members of the Association at least fifteen (15) days prior to the meeting. In no event shall any of such property and assets be distributed to any member or private individual.  

XIV.    These bylaws, not in conflict with NALA bylaws, may be amended by a majority vote of active members.  The NALA Affiliated Associations Director must be advised of any amendments within sixty (60) days of passage.

XV.   Retention of Affiliation

15.1   Affiliation with the National Association of Legal Assistants, Inc. is renewable each year by payment of an affiliation fee and submission of a current Association membership roster.  In the event of suspension of affiliation, this Association may re-affiliate with NALA by submitting a new application with membership roster, bylaws, sample of education programs, petition and current initial fee.

15.2   In addition to the renewal fee, this Association must comply with the required reports and requested procedures as outlined in these bylaws.

15.3   The annual renewal fee is payable on October 1 and delinquent November 1.  Payment received after the due date must be accompanied by a late fee penalty established by NALA.

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