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Student Workbook Legal Ethics for the Paralegal

Semester Credit Hours: 3.0 Required Textbook: Paralegals in American Law by Angela Schneeman

MATERIALS INCLUDED IN THIS WORKBOOK: Curriculum Description Specific Objectives of the Paralegal Programs Paralegal Program Overview Program Skills General Course Syllabus and Requirements Course Description Pre-Midterm Topics to Cover Midterm Exam Checklist Date of Midterm: Post-Midterm Topics to Cover Final Exam Checklist Date of Final: Pre- and Post-Midterm Questions for Student Assessment

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Required Textbooks: Paralegals in American Law by Angela Schneeman and Class Requires Access to Internet Resources

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Curriculum Description The paralegal profession has had the highest growth rate of any profession in the United States through the 1990's. There has been a large influx of students into paralegal studies resulting in a very competitive local market in which applicants with the most convincing and respected credentials find jobs. These courses will be provided to fill a diversity of needs: an experienced legal secretary may want to upgrade his/her education to be consistent with his/her present employment; a student with an acceptable accomplished educational history may want to learn additional marketable skills; a college graduate without a specific vocational focus may find such a focus in environmental law, employee benefits, corporation law, bankruptcy, real estate and mortgages/estates, trusts & wills, personal injury and litigation management. Specific Objectives of the Paralegal Programs # To assure all students and prospective students from initial contact until graduation, a relationship with the schools personnel which will meet the highest ethical standards. # To offer paralegal educational programs designed to prepare graduates for their chosen career. # To develop, to the extent of economic viability, new methods and programs to meet the needs of a changing job market. # To assist the individual in making a smooth transition from "student" to "employee" by providing a realistic job-oriented education, including internship or inquiry where applicable. # To assist graduates in finding employment in the economic community. Paralegal Program You may be interested in the fact that paralegals and legal assistants held about 188,000 jobs in 2000. Private law firms employ the vast majority, followed by corporations and various levels of government agencies. The paralegal curriculum is designed to meet the needs of this segment of the employing population by providing the student with an overall training in the legal field. The curriculum is divided into several courses of study, covering the following areas of law: family law; real estate and mortgages; wills, successions, and estate administration; Torts, business law; legal research and writing; law and ethics; writing conference and career development; litigation; criminal law, etc. Several seminars are offered to emphasize many important sections of the law and related areas of employment. Program Skills # Legal research # Interview clients and witnesses # Obtain statements and gather data in preparation of litigation # Prepare pleadings, service of process, subpoenas, wills, contracts, and other legal documents # Organize and index documents and information # Draft and review deeds, mortgages, leases, and other real estate and related contract documents # Set up and maintain dockets and files # Recognize and research criminal causes of action and pre-trial, trial, and post-trial stages of litigation # Draft and review legal documents such as divorce petitions, child support, child custody, and property settlement agreements # Draft and review wills and estate plans # Prepare and execute post-judgment documents # Draft and review bankruptcy petitions # Identify various business types; prepare articles of incorporation and various other documents relative to business organizations # Abstract depositions # Review and prepare discovery materials and responses

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Course Syllabus Introduction: The purpose of this syllabus is to explain to the student what he/she should expect in this course. An instructor may also produce a syllabus of his or her own outlining assignments and procedures to be followed in the class. Please give the students the following information so they may contact you. Instructor name: ________________________________________________________ Hours available for students: ______________________________________________ Office phone:____________________________________________________________ Office address: __________________________________________________________ The purpose of all classes is to prepare students for the job market. The teacher will attempt to relate the contents of this course to actual job situations. Seminars are designed to provide basic information and ideas in a specific area of the law for those who are working in a law office and those who plan to work in a law office. Hours in Class and Credits Earned: See Appointment Letter. The teachers may vary the class meeting time as long as the required hours are met in each course; this is done so that the school can hire working professionals. The total semester credit hours, as indicated on the front of this booklet, are granted for satisfactory completion of this class and a grade will be posted on the students transcript. This class counts toward satisfaction of the requirements for graduation. Holidays and Inclement Weather: Taking a holiday or postponing class due to inclement weather is at the discretion of each teacher and all classes missed must be made up during the current block of classes. If the student has any doubts as to whether or not class will be held, the teacher should be contacted, not the college! If a teacher does contact the college with notice of such a postponement, an e-mail will immediately be sent out to all students, therefore student e-mails should be checked regularly. Student Email: All students are issued a private e-mail address which can be accessed through the website, www.brc.edu. It is the students responsibility to check this e-mail address daily for all notices and announcements.

Suggested Supplies: Pencil, highlighter, red and black pens. COURSE REQUIREMENTS: Attendance: The College adheres to the American Bar Association policy for law school attendance which requires "regular and punctual class attendance." Students are expected to attend every meeting of every class. The student has the responsibility of attending all scheduled classes. The teacher records student attendance during each class session. A student is recorded as absent for being more than 30 minutes late for a class or for leaving class before being dismissed by the teacher. Instructors should take attendance at the beginning and/or end of each class session. If the student is late and/or must leave early, it is the students responsibility to inform the teacher at that class session. Students are responsible for obtaining instruction and information missed during absences. All teachers certify attendance records and are responsible for correct and accurate reporting of attendance and class hours. Class time missed must be made up. The college administration relies on attendance records submitted by the teachers, and hold the teachers responsible for incorrect attendance records. Teacher must check and report attendance correctly. It is each students responsibility to make sure the teacher records him/her present in each class in which he/she is in attendance. If a student misses class due to illness or emergency, it is the students responsibility to contact the teacher of the course directly. It is not necessary for the student to notify the administration.

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The College administration will drop a student from enrollment for the semester after being absent more than one class per semester credit hour they are enrolled a semester. There are no excused absences. All classes started, but not completed, prior to dismissal for excessive absences will receive a W. Example: A student is enrolled for 3 Semester Credit Hours 3 Absences allowed per semester 4 absences the student is dismissed for the semester and not allow to received credit for the courses enrolled. 7 absences the student is dismissed for the semester and not allow to received credit for the courses enrolled. 13 absences the student is dismissed for the semester and not allow to received credit for the courses enrolled. 16 absences the student is dismissed for the semester and not allow to received credit for the courses enrolled.

6 Semester Credit Hours

6 Absences allowed per semester

12 Semester Credit Hours

12 Absences allowed per semester

15 Semester Credit Hours

15 Absences allowed per semester

Internship hours are kept by the supervising attorney. The interning student is required to notify the supervising attorney immediately if an absence will occur from an internship. The student must also record the absence on the daily internship time sheet. Absences should occur only in extreme emergencies. The student must make up any regularly scheduled time missed. Occasionally, teachers unavoidably arrive late or cancel classes due to circumstances arising from their professional practices. Should there be a reasonable expectation that a class will run overtime due to a teachers late arrival, any student who must leave at the originally scheduled ending time should speak to the teacher before class or during the break. Any and all students leaving before the originally scheduled ending time will be marked absent by the teacher. If the teacher is 30 or more minutes late to class, the class is dismissed and will be made up at another time set by the teacher. Teacher Evaluation: Teacher evaluations are completed by each student. These evaluations are used to help the teacher improve. Class Participation: Students are encouraged to participate in class in appropriate ways - taking notes, asking questions, responding to questions, etc. Tests: Students are required to take all in-class tests. Take the final exam given by the teacher. The school will provide an administrative exam to be given at the end of each course, but encourages teachers to add more challenging essay questions and/or short answer questions. Make-up exams will be at the discretion of the instructor. GRADES: Grading Scale: 90 - 100 = A 89 - 80 = B

79 - 70 = C 69 - 60 = D

59 - 60 = F

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Final Grade Computation Example: The following is an example of a final grade computation. The instructor may, at his/her discretion, adjust the percentages. Letter grades are needed for final input into the Gradebook application on the website, www.brc.edu, please keep this in mind. Example: 40% = Final Exam 10% = Attitude & Attendance 35% = Midterm Exam 15% = Homework/Workbook Note: As should only be given when a student performs in an extraordinary fashion. We suggest that teachers only give As when a student submits a writing sample or extra outside assignment to the teacher on one of the topics they are teaching, that could be used in a job interview. Satisfactory Progress Policy: The Satisfactory Progress Policy applies to all students whether they are enrolled on a full-time, half-time or self-paced basis and applies to all programs of study. Students are considered making Satisfactory Progress in the program of study as long as they are eligible to continue in attendance in accordance with the following provisions. Each student's Satisfactory Progress is measured at the end of each month or course and includes the following elements: Incompletes, Withdrawals, and Failures. Withdrawal from a Course: A student may add or drop a course(s) during the first week of class. After the first week, if the student attends a class, the student will be enrolled in that course for the entire term of the course. Should a student Withdraw from a course before the midterm, the student will receive a "W" for that course. The "W" will remain on the students permanent record. Should a student withdraw from a course after the midterm, a grade of WF will be received. The students graduation date will be extended under these circumstances. Failure to attend a seminar after registering for the seminar will result in a WF. Incompletion of a Course: A student will receive an "I" in a course with the approval of the Admission and Education Team Supervisor or the President, after consultation with the instructor. The work required to complete the course must be completed during the next three weeks or the student will receive an "F" for the course. Repeating a Course: A student may elect to repeat a course at his/her own expense to improve a grade, which will be averaged into the student's cumulative grade point average (GPA). The first grade will not be averaged into the GPA; however, no grades will be deleted from the student's transcript. The second grade will be shown as a repeat on the student's transcript. All courses must be repeated prior to graduation dates. Failing a Course: A student who receives a grade of "F" in any course must repeat the course or complete another course in the rotation of courses offered to be eligible for graduation in the chosen curriculum. The repeat or new course will be averaged in the student's cumulative GPA; however, the "F" will not be deleted from the transcript. A minimum grade of "D" or better is required to pass all courses in all programs; however, a student may repeat a course until it is satisfactorily completed. A student may substitute a course upon approval, in writing, by the Administration. The students graduation date will be extended under these circumstances. Non-credit remedial courses are not offered. Make-up Policy: Make-ups may be allowed at the discretion of the instructor. Make-ups may be allowed if the student misses a quiz or test due to unavoidable circumstances, such as his/her own illness or serious illness or death of a family member or close friend. The student must contact the teacher about taking a make-up within 3 calendar days of the missed assignment. The teacher may require written documentation of the circumstances and reserves the right to investigate the truth of the claim or deny the student the right to take a make-up. Make-up work is totally at the discretion of the instructor. Students are responsible for obtaining instruction and information missed during absences. Academic Honesty: The school places a high premium on academic honesty. The students may certainly study together, exchange notes, consult books in the library, etc. When students enter the classroom to take a quiz or

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exam, they must place all notes and books out of sight. The students must avoid even the appearance of impropriety. The teacher may ask the student to certify honesty by writing on each quiz or test paper that "I have neither given nor received aid during this test (quiz, exam)" and by signing the statement. Enrichment Activities: Inform the class the first day the way you plan to present the course. Basics are given in the Student Workbook, but specific dates and requirements are under the instructors discretion. The dates of reading assignments, quizzes, and exams are subject to change. All changes will be announced in class by the teacher. Location of Class: Most classes are conducted at the main campus or auxiliary lecture sites. However, teachers are encouraged to take students to law offices, courtrooms, large law libraries, and other community locations where paralegals may learn how the legal community functions. Time Allotment: Each topic should receive equal time. If the attorney instructor thinks that students need additional time for a topic based on his professional practice and training, the time should be adjusted. Help Improve the Curriculum: Please note that students have access to LexisNexis and the staff encourages you to take cases, state code, and other items related to this course from LexisNexis and use them as practical applications. If you have an item (case, state code, Internet sites) you used in your class that would be helpful to other teachers at other instructing sites, please email them to reports@brc.edu. BRC will mass email your ideas to other instructors and include them in future Teaching Planbooks. The college requests your help in improving the curriculum. It would be appreciated if you would note how much time you spend on each topic in the lesson plan. The staff will use that information to make changes in future lesson plans.

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Course Title: Legal Ethics Course Description: This course will introduce students to the basic ethical principles which regulate those working in law, placing special emphasis on how the rules affect paralegals. Regulation of attorneys and unauthorized practice of law will be discussed with reference to permitted paralegal tasks. Critical issues such as conflicts of interest, confidentiality, misrepresentation, and unauthorized practice of the law will be emphasized. Students will learn applicable disciplinary rules for both the lawyer and the paralegal, in order to understand how to function responsibly as a legal professional. Class discussions will apply concepts and rules in a practical fashion to the types of ethical situations and dilemmas that students may encounter in the legal workforce. Course Objectives: Students will learn the rules of professional conduct according to the American Bar Association, as well as the Louisiana Supreme Courts ruling on professional conduct. Students will be introduced to the many resources available in legal ethics and the associations that regulate and keep current news on legal ethics issues. Paralegals also have their own rules of conduct and students will be able to distinguish how they themselves may be professional in the legal setting. Students will be given hypothetical situations to discuss and write arguments about in order to establish their own ideas on ethics in the legal profession. Specific Course Objectives: 1. Students will be able to define vocabulary involved with legal ethics. 2. Students will identify the primary sources of the rules of legal restrictions on the activities of paralegals and respond hypothetical situations involving ethical choices. Students will identify the primary sources of the rules of professionalism given to lawyers and respond to hypothetical situations involving ethical choices. Students will learn how ethics concerns the paralegal profession and identify special concerns for paralegals such as the unauthorized practice of law, confidentiality, conflicts of interest, misrepresentation, and reporting unethical behavior. Students will identify how lawyers are to utilize their legal assistants as stated in the ABA Model Guidelines for the Utilization of Legal Assistant Services and discuss the information therein. Students will utilize the associations for legal ethics such as the Association of Professional Responsibility, Center of Professional Responsibility sponsored by the ABA and the Legal Ethics digital library, as well as the Louisiana Bar Associations sources website to research current legal ethics issues on the Internet.

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Student Outcomes * Standards set by American Association for Paralegal Education 1. To define vocabulary involved with legal ethics. Measure: Students will complete assignments that will involve defining key terms introduced in the chapter and lecture. 2. To identify the primary sources of legal restrictions on the activities of paralegals. Measure: Students will complete assignments testing their knowledge of the NALA Code of Ethics and Professional Responsibility and the NFPA Affirmation of Responsibility.

3. To identify the primary sources of the rules of professionalism given to lawyers. Measure: Students will complete assignments testing their knowledge of the ABA Model Guidelines for the Utilization of Legal Assistant Services and the LA Bar Associations Rules of Professional Conduct.

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4. To learn how ethics concerns the paralegal profession and identify special concerns of the paralegal. Measure: Students will participate in discussions and complete writing assignments dealing specifically with the unauthorized practice of law, confidentiality, conflicts of interest, misrepresentation, and reporting unethical behavior.

Required Textbooks: Paralegals in American Law by Angela Schneeman/ Chapter 3 Pages 56-74 Required access to websites listed in supplemental materials disc, see Links. Supplemental Materials < Hypothetical Situations < Question and Answer Activities < LA Bar Associations Rules of Professional Conduct < American College of Trial Lawyers: Code of Trial Conduct Links

Prepatory Assignment For Students:

Read reference source for next lesson as indicated by instructor. Complete any assignments within the text or created by the instructor by the date due.

Materials Students Must Bring To Class:

< < < < < BRC Student Workbook Pencil and/or Pen Paper for note taking Textbook Supplemental Materials

Materials and Equipment:

< < < < < < < Textbook Red Pen Chalk Overhead Projector and Screen Overhead Markers Transparencies Supplemental Materials

Classmates: Students may find it helpful to have the names and phone numbers of two or three classmates in case the student needs to get notes, find out about announcements, etc. Name:_____________________ Phone:______________________ Name:_____________________ Phone:______________________ Name:_____________________ Phone:______________________

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Example Assignment Calendar: Can be a purchased hand-held school calendar, or just a one-subject notebook with drawn lines! MONDAY Read pgs. 309-315 Assignment: Go onto LexisNexis and find LA code for lecture topic. Case Study handout TUESDAY Lecture tonight on Litigation procedures. Finish assignment handout! Lecture tonight on On-the-Job application, Case study. WEDNESDAY Assignment handout due TODAY! THURSDAY No make up today, finish reading chapter for next week. FRIDAY Meet Sondra at her house to go over LexisNexis research.

Midterm Exam: Review before test: bring highlighter, pencil, and paper

ITEMS TO CONSIDER FOR THIS COURSE:

As professionals, paralegals are subject to highly developed ethical responsibilities which do not apply to other groups in society. The students must realize that they will hold positions of responsibility and trust, and that their actions will affect the professional standing of their supervising attorney as well as the well-being of their clients. Since paralegals are allowed to perform certain functions under the supervision of an attorney, which they could not perform without such supervision, special attention should be placed on defining and illustrating the concept of supervision. It would be useful to use hypothetical situations to illustrate the problems involved in defining what constitutes adequate supervision. It is important to emphasize to the students that a paralegals duties go beyond merely avoiding the unauthorized practice of law. As professionals, paralegals have affirmative ethical obligations to maintain confidentiality, and avoid conflicts of interest, deception, and solicitation. Just think of your own experiences as an attorney and what ethical decisions that may have come up. Sharing your experience will benefit our paralegals and we encourage you to use situations, hypothetical or truthful, in the discussion of legal ethics.

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TOPICS TO BE COVERED BEFORE THE FINAL EXAMINATION I. INTRODUCTION TO LEGAL ETHICS A. Why do we need legal ethics? a. Student Activity and Discussion 1. Why does the law have rules and guidelines concerning ethical conduct? Why is it important for those working in the legal profession to understand and abide by ethical guidelines? B. Legal ethics vocabulary list (see supplemental materials in the back of this planbook) a. Vocabulary quiz - set date ________/_________ ATTORNEY ETHICS AND SANCTIONS A. Chapter 3, pgs. 56-60, (ABA Code of Professional Responsibility), and the Louisiana Bar Assocciations Rules of Professional Conduct - see supplemental materials. B. How paralegals have professional responsibilities the same as lawyers do: a. Model Code of Professional Responsibility Rule 5.3 Responsibilities Regarding Nonlawyer Assistants (i.e. Paralegals) b. Written Activity 1 - see supplemental materials c. Hypothetical Situation 14 - see supplemental materials Code of Professional Responsibility and how it relates to paralegalism* a. Chapter 3, pages 67-70 b. Canon 1/Rule 8.3 and 8.4 of LA Bar Associations Rules of Professional Conduct see supplemental materials 1. Rule 8.3 Comment ** 2. Hypothetical: Professional Integrity see supplemental materials c. Canon 2/Rule 6.1: Pro Bono Publico 1. Two major ways in which these pro bono responsibilities can be met are through participating on the boards of public service agencies, and by volunteering legal services to public interest groups involved in protecting civil liberties, preserving the environment, serving the needs of the poor, etc. 2. Research Activity 1 - see supplemental materials d. Canon 3/Rule 5.3-5.5 Unauthorized Practice of the Law

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C.

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The Six Ways Paralegals can Avoid Unauthorized Practice Allegations - see supplemental materials 2. Hypothetical Situation 2 - see supplemental materials 3. Class Discussion on Unauthorized Practice of Law To what extent is the state justified in giving licensed attorneys a monopoly on the right to practice law? In what ways does it serve the public interest? Does it artificially inflate the cost of legal services? Students should discuss the extent to which unauthorized practice laws are successful in protecting the public from being taken advantage of by persons who lack the education and skills necessary to effectively represent their interests. What evidence is there that one cannot adequately represent the legal interests of another if that person has not graduated from law school and passed a bar exam? If you limit representation to those who have graduated from law school and passed a bar exam, it obviously reduces the supply and since price is a function of supply and demand, one would assume that UPL statutes do raise the cost of legal services. Do paralegals in our state have to have special certification to be paralegals? How do UPL statutes affect a paralegals job description? _______________________________
* Make sure to link all discussions to how these rules relate to the paralegal profession. Special attention to unauthorized practice of law, confidentiality, conflicts of interst, misrepresentation, solicitation, and reporting unethical behavior. **Click on hyperlink to reach the website.

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e.

Canon 4/Rule 1.6 Confidentiality of Information 1. Rule 1.6 Comment 2. Class Discussion of the differences between confidentiality and attorney-client privelege The requirement to maintain confidentiality means that the paralegal shoulc not reveal private, personal information about the case to anyone who is not authorized to receive that information. The attorney-client privelege is a matter of the rules of evidence and is narrower than the scope of the ethical obligation. It protects the attorney (and his/her paralegals) from being compelled to supply information when called as a witness, and the attorneys work product cannot be subpoenaed. This protected work product includes private memoranda, written statesments of witnesses, and mental impressions, conclusions, or legal strategies related to litigation. This privilege belongs to the client so that any decision to waive it rests with the client; the attorney must then act accordingly 3. The Six Point Model of How to construct a Chinese Wall see supplemental materials 4. Hypothetical: Confidentiality and Ethics see supplemental materials f. Canon 5/Rule 5.4: Professional Independence of a Lawyer g. Canon 6 and Canon 7/Rule 1.1-1.3 1. Competence, Scope of Representation, and Diligence a. Rule 1.1 Comment b. Rule 1.2 Comment c. Rule 1.3 Comment 2. Question/Answer Activity 1 see supplemental materials h. Fees 1. Rule 15. Comment 2. Hypothetical: Fees & Ethics see supplemental materials i. Conflict of Interest 1. Rule 1.7 Comment

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III.

Rule 1.8 Comment Rule 1.9 Comment Hypothetical: Conflict of Interest see supplemental materials j. Question and Answer Activity 2: Client - Attorney Relationship see supplemental materials k. Advocacy 1. Fairness to the opposing party and counsel a. Rule 3.4 Comment 2. Trial Publicity 3. Hypothetical: Advocacy l. Sanctions against Lawyers that do not follow the Code of Ethics m. Discussion Questions PARALEGAL ETHICS AND RESULTS OF UNETHICAL BEHAVIOR A. Chapter 3, pages 60-66 B. Profile of an ethical paralegal - see supplemental materials C. Discussion and Overview NFPAs Affirmation of Professional Responsibility, NFPA Model Code of Ethics and Professional Responsibility, NALAs Code of Ethics and Professional Responsibility, NALAs Model Standards and Guidelines for Utilization of Legal Assistants. a. Question and Answer Activity 3: The Ethical Paralegal see supplemental materials D. Read Situations on page 71 and discuss.

2. 3. 4.

E.

The Consequences of Unethical Behavior a. Paralegal Discipline: Misfeasance and Nonfeasance 1. Misfeasance: when someone handles something inappropriately. An example would be the cause of action a client would have against an attorney who sued the wrong defendant on the day the statute of limitations for the suit expired. 2. Nonfeasance: the failure to do something. An example is if an attorney failed to assert an affirmative defense of satisfaction, in a contract dispute in which the defendant client had already satisfied his obligations under the contract, the attorney would be guilty of nonfeasance.

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b. c. d. e.

Hypothetical: Professional Responsibilities of the Paralegal 1, 3, 4 see supplemental materials Written Activity 2 see supplemental materials Question and Answer Activity 4: Paralegal Discipline see supplemental materials Research Activity 2 see supplemental materials
Date of Final: / /

FINAL EXAMINATION (last day/last hours of course)

Student preparation checklist: 9 Take notes during Final Exam Review: 9 Use the assignments given throughout the course as your study-aids. 9 Make sure you know what the test will consist of and how it will be administered. 9 Relax! If you know the material and understand the structure of the exam, you should do fine! If you have questions, dont be afraid to ask your instructor!