John F. Kennedy University
College of Undergraduate Studies
PLS3004 Ethics & Prof. Responsibility
Fall 2015
College Mission:
To provide high quality innovative learning opportunities that integrate theory,
practice, and life experience in a synergistic collegiate environment.
Program Mission:
To provide Legal Studies students with a curriculum that is current and focuses
on the practical application of substantive law while encouraging critical
thinking, ethical conduct, and social responsibility.
Instructor: Manuel Jimenez
Telephone: (415) 244-5305
Email: mjimenez@jfku.edu
Office Hours: TBA
Class Days/Time: Monday: Oct. 5 (6:00 p.m. – 7:00 p.m.)
Saturdays: Oct. 24, Nov. 14, & Dec. 5 (9:00 a.m. - 12:30 p.m.)
Units: 2 Units
Classroom: Pleasant Hill Campus, Room TBA
Course Description
This course is a 2 unit graded hybrid course, with 11.5 contact hours and 10 hours online.
This course will introduce students to the types of ethical dilemmas and issues that they will face
in the work force and to the rules adopted in California for the regulation of paralegals and their
managing attorney’s conduct. Students will learn methods for researching the answers to ethical
dilemmas. This will include on-line research methods. It provides students with brief coverage
of ethical principles from the perspective of the practicing paralegal, placing special emphasis on
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how rules affect paralegals.
Program Learning Outcomes:
By the end of this Program, students should be able to:
1. Demonstrate proficiency in oral and written communication
2. Describe and access the ethical obligations and limitations of legal
professionals in specific factual situations.
3. Demonstrate proficiency for legal research, both online and in the library.
4. Describe the role of diversity in American jurisprudence.
5. Apply analytical and critical thinking
Course Learning Outcomes
By the end of this course students should be able to:
1.
Flag a potential ethical situation and to provide their managing attorney relevant
legal authority pertinent to the ethical situation and possible ways to resolve the ethical situation.
Specifically:
a.
b.
c.
d.
e.
f.
Confidentiality
Conflicts
Client Property
Candor
Legal marketing
Unauthorized Practice of Law
2.
To propose office procedures to avoid ethical problems from occurring and to
help resolve them once they have occurred.
3.
To be able to spot potential ethical problems in attorney advertising.
Required Texts
Therese A. Cannon, Concise Guide to Paralegal Ethics, Aspen Publishers, 4th Edition, 2013.
Additional Readings
None required.
Other equipment and material requirements (optional)
None required, but a laptop with Windows 7 or later is recommended.
Teaching Methodology
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This is a lecture, discussion, and problem-solving course. The student should be prepared to take
an active role in class discussions and individual and group exercises.
Week
Class Topics & Reading
Online Reading & Activities
1. (10/04/15 – 10/10/15)
1. Welcome to Legal Ethics
Class: 10/05/2015
(6:00 p.m. – 7:00 p.m.)
2. Overview of course and course
requirements, including online
unit.
Reading
None
3. Introduction and general
principles of Ethics and
Professional Responsibility
2. (10/11/15 – 10/17/15)
No Class
Reading
Cannon, Chapter 1
Assignment 1
Due Sat. 10/17 (midnight):
Review Business and Professions
Code section 6450 - 6453.
Write a short paragraph describing the
4 different ways a person can qualify
as a paralegal in California, as
delineated in B&P Code § 6450(C)
(250 words max) and turn in to the
Dropbox online.
3. (10/18/15 – 10/24/15)
Class: 10/24/2015
(9:00 a.m. – 12:30 p.m.)
Topics:
1. Business & Professions Code
Section 6450 et seq.
2. Regulation of Lawyers and
Paralegals
3. Unauthorized Practice of Law
4. Confidentiality
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Reading
Cannon, Chapter 2 – Unauthorized
Practice of Law
Assignment 2
Due, Sat. 10/24 (midnight):
Answer Discussion Question 4(a)-(j),
pages 40-41 of the text. Turn in to the
Dropbox
4. (10/25/15 – 10/31/15)
No Class
Reading
Cannon, Chapter 3 - Confidentiality
Assignment 3
Due, Sat. 10/31 (midnight):
Access www.leginfo.ca.gov,
www.calbar.ca.gov or any other
resource you want, and review the
California statutes and rules that
pertain to the confidential information
of a client.
What, if any, statutes and rules govern
a California attorney’s duty regarding
the confidential information of a
client? Explain what these statutes and
rules provide. Limit your explanation
to no more than ½ page (250 words
max) and turn in to the Dropbox
online.
5. (11/01/15 – 11/07/15)
No Class
Reading
Cannon, Chapter 4 – Conflicts of
Interest
Assignment 4
Due, Sat. 11/07 (midnight):
Contact a local law firm and interview
either a lawyer or paralegal about their
policies and procedures for (1)
conducting conflicts checks and (2)
establishing screens (please see page
83 – 86 of the text for the definition of
“screen” in this context). Also, find
out how effective they think their
policies and screens are.
Identify the firm and lawyer or
paralegal you spoke with and describe
what you learn. Limit your description
to no more than ½ page (250 words
max). Turn in to the Dropbox online.
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6. (11/08/15 – 11/14/15)
Class: 11/14/2015
(9:00 a.m. – 12:30 p.m.)
Examination No. 1
Topics:
1. Conflicts of Interest
2. Advertising and Solicitation
Reading
Cannon, Chapter 5 – Advertising and
Solicitation
Assignment 5
Due, Sat. 11/14 (midnight):
3. Fees and Client Funds
4. Exam #1 (Chaps. 1, 2 & 3)
Using www.calbar.ca.gov, or any other
resource you choose, review California
Rule of Professional Conduct 1-400.
Make sure to familiarize yourself with
the “Standards” that describes forms of
“communication” as defined in rule 1400(A)
After reviewing Rule 1-400, write
mock advertisement that violates as
many of the prohibited acts of 1-400 as
possible. Using footnotes, cite the
applicable section of the rule to each
prohibited act. Please refer to at least 5
sections or standards. Turn in to the
Dropbox online.
7. (11/15/15 – 11/21/15)
No Class
Reading
Cannon, Chapter 6 – Fees and Client
Funds
Assignment 6
Due, Sat. 11/21 (midnight):
Access California Bar Journal (the
official publication of the State Bar of
California) using www.calbar.ca.gov .
Review the recent disciplinary actions
taken by the California State Bar,
paying particular attention to actions
involving misconduct regarding fees
and/or client funds.
List 3 different cases that you
reviewed, making sure that at least one
involves fees and/or client funds, and
identify the misconduct each of those 3
attorneys was disciplined for. Pick one
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of the cases that you reviewed and
briefly describe what could have been
done to help prevent the misconduct.
Limit your description to no more than
½ page (250 words max). Turn in to
the Dropbox online.
8. (11/22/15 – 11/28/15)
No Class
Reading
Cannon, Chapter 7 - Competence
Assignment 7
Due, Sat. 11/28 (midnight):
Go to www.calbar.ca.gov. Review
information on legal specialization.
Answer: Why is legal specialization
important in California? Does
California have a certified specialist
program for attorneys? If so, in what
areas of specialty? How many lawyers
are certified in specialties? Do most
paralegals “specialize”? Limit your
answers to all questions combined to
no more than ½ page (250 words max).
Turn in to Dropbox online.
9. (11/29/15 – 12/05/15)
Class: 12/05/2015
(9:00 a.m. – 12:30 p.m.)
Topics:
Reading
Cannon, Chapter 8 – Special Issues in
Advocacy
1. Competence
2. Special Issues in Advocacy
3. Professionalism and Special
Issues for Paralegals
4. Exam #2 (Chaps. 4, 5 & 6)
Assignment 8
Due by 12/05 (midnight):
Access www.leginfo.ca.gov and
www.calbar.ca.gov, or any other
resource you like, and review the
statutes and rules that pertain to a
lawyer’s duties regarding candor and
honesty.
Explain:
(1) What would you do if you
interviewed a client who told
you a story you did not fully
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believe and, on telling your
supervising attorney, he or she
told you to draft a complaint on
the client’s behalf based solely
on the client’s story? Identify
any California rule or statute
doing so would violate.
(2) What would you do if your
supervising attorney asked you
to shred documents you knew
were discoverable? Identify
any California rule doing so
would violate.
Limit your explanations to no more
than ½ page (250 words max). Turn in
to the Dropbox online.
10. (12/06/15 –
12/12/15)
No Class
Reading
Cannon, Chapter 9 – Professionalism
and Special issues for Paralegals
Assignment 9
Due, Sat. 12/12 (midnight):
Refer to online newspapers or news
sources (e.g.
www.contracostatimes.com,
www.sfgate.com or
www.huffpost.com). Look for and
review articles that mention lawyers.
Give 3 reasons why the public image
of lawyers is so poor. Are the lawyers
mentioned in the articles you read
portrayed favorably? What image do
they present?
Limit your explanation to no more
than ½ page (250 words max). Turn in
to Dropbox online.
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Grading
A=
B=
C=
D=
F=
90-100%
80-89%
70-79%
60-69%
59% or below
(200-180)
(179-160)
(159-140)
(139-120)
(119 or fewer)
Attendance
As noted in the University catalog, students are expected to attend all class meetings of any
course in which they are enrolled. Regular class attendance is required by JFK University.
Students must attend class. Roll will be taken at each class session. Students must attend all 3
Saturday sessions, as a student who misses more than 20% of class sessions is subject to
dismissal.
eCollege Information
To access your online course go to http://www.myonlinelogin.com. Your Login ID is your JFKU
ID number and your password is your six digit date of birth (mmddyy). Your password should
have been automatically sent to via email.
For technical assistance or login information please contact 1-877-252-7715 or e-mail
helpdesk@myonlinelogin.com.
This class is a hybrid course. Along with the lectures, there is an online component. Students
should expect to participate fully in the online portion of the course, which is approximately one
hour per week. Each written assignment must be completed in its entirety and submitted to the
Dropbox no later than midnight on the date that it is due. Late work will ONLY be accepted if
arranged with the instructor in advance and with sufficient cause.
Online Discussion Etiquette
Participating in online discussions as part of your coursework is different than blogging or
engaging in social media as the protocol is different between friendships and professional
relationships. Consider these guidelines for your contributions to online discussion:
● Please be mindful that online communication differs from face to face communication.
Without the ability to read body language and facial expressions, online communication
can be misconstrued. Therefore, care must be taken in online communication.
● Be careful of informal tone – sarcasm or joking can be interpreted as offensive or meanspirited online.
● Use proper punctuation and formatting – Capital letters online are the equivalent of
shouting in person. Proper capitalization and correct grammar will increase your voice
online by showing that you are educated, value what others think of you, and that you
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value professionalism.
● Be honest and transparent – if you choose to use real-life examples, make sure that they
are real and check out under a bit of scrutiny, because people will check and sometimes
ask. If you are not honest and open, people will sense this and will not trust you.
● Contribute to the conversation – Contribute to the conversation with relevant replies that
show that you have read, processed and taken seriously the ideas of others. Replying
with useful information will encourage increased participation by others, and you will
also gain the reputation as someone who cares about others and the ideas that are
important to the entire group.
University Academic Policy, including Registration information, please click on the
following link to the current catalog.
http://www.jfku.edu/student-service/current-students/academic-catalog.html
Academic Honesty
Cheating is the act of aiding or abetting any act that a reasonable person would conclude, when
informed of the evidence, to be a dishonest means of obtaining or attempting to obtain credit for
academic work.
● Copying, in part or whole, from another’s examination, paper, research or creative
project.
● Submitting as one’s own work which has been purchased, borrowed, or stolen;
fabricating data;
● Employing a surrogate to take an examination, write a paper, or complete, in whole or in
part, an assignment;
Plagiarism: Plagiarism is the presentation of words, ideas or views of someone else as if they
were one’s own. Plagiarism is intellectual dishonesty and, as such, is a serious academic offense.
The potential penalties for plagiarism range from an unsatisfactory grade in the course (an ‘F” or
‘no credit’), a letter of sanction placed in the student’s permanent academic file, or even
dismissal from the university. John F. Kennedy University has adopted Turnitin
(http://turnitin.com/) to allow faculty to verify the originality of work being turned in. The
functionality of Turnitin allows for determining if the work submitted by a student has been
submitted in other courses or has its origin in Internet articles or other such sources. You may be
required to submit a Turnitin report as part of the assignment submission. The Turnitin service is
also available to students to allow them to check their work for submission. Plagiarism includes:
● passing off another’s written work as your own;
● failing to give credit to your sources for the ideas, information, and words you have
borrowed from them;
● not quoting when you use another’s exact words;
● not changing the wording or sentence structure significantly enough when you paraphrase
a source.
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Institutional Review Board
Any research conducted by JFK University faculty, staff, or students that involves human
participants in any way must receive IRB approval before the research can be undertaken. Also,
any research that utilizes JFK University faculty, staff, or students as participants must be
approved by the NU-IRB before the research can be undertaken. The Office of the Institutional
Review Board will only accept electronic protocol submissions via IRBNet (www.irbnet.org ).
All protocols (including revisions and renewals) must be submitted electronically via IRBNet,
and all review decision letters will be issued electronically via IRBNet. Principal investigators,
faculty sponsors and IRB members will be required to complete human participant research
training through the Collaborative Investigator Training Initiative (CITI). JFKU programs that
train students to conduct research have courses identified in their curriculum where students are
instructed on how to use the CITI training and the IRBNet system.
Student Success Center
Located in Room S313, the Student Success Center provides academic support services in the
following areas:
Academic Support Center (ASC)
The ASC provides individual instruction in writing, study skills, and APA citation style. The
instructors can act as a second pair of eyes on your paper, working with you to identify your
patterns and improve your abilities. Appointments can be held in person or via phone, fax or
email. All ASC services are free to registered students, faculty, and staff. Students can make an
appointment by calling 925.969.3530 or emailing asc@jfku.edu.
Writing & Math Centers: All JFK University students have access to additional free writing and
math support through the National University System’s Writing & Math Centers. Schedule an
appointment with the NU Writing Center at:
http://www.nu.edu/OurPrograms/StudentServices/WritingCenter/OnlineWritingCenter.html. NU
Math support: Tutoring is available to students in the fields of mathematics, statistics, sciences,
engineering and business mathematics. Schedule an appointment with the NU Math Center at:
http://www.nu.edu/OurPrograms/StudentServices/mathcenter.html.
Disability Services for Students
Services are provided for students who are in need of accommodations related to a documented
physical, learning, or mental health disability. This office determines accommodations that allow
students with disabilities to fully participate in all academic programs.
Please note that classroom accommodations cannot be made until you have registered with
Disabilities Services, received an Accommodation Letter, and provided a copy to your instructor.
For an appointment, contact ods@jfku.edu or call 925-969-3362.
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Libraries & Learning Resource Centers
The JFKU Libraries & Learning Resource Centers include the Robert M. Fisher Library, Law
Library and Computer Lab in Pleasant Hill, and the Berkeley and San Jose Learning Resource
Centers. The Libraries’ collections include nearly 200,000 books, journals and media titles, most
of which are accessible online.
It is our mission to support learning, scholarship, professional development and student success.
Librarians are available to assist with your research needs by phone, email, online chat or in
person. Please visit your library or the library web site at http://library.jfku.edu for further
information.
Course Evaluation
Prior to your last class session, you will receive a request to complete an evaluation of the course
and instructor. The evaluation is confidential. It asks you to rate the course (from Strongly
Disagree to Strongly Agree) in several areas. You are also encouraged to provide comments to
clarify your ratings. The College and instructor are only provided with a summary of the
evaluation results (including any comments submitted) and do not receive individual
evaluations. We appreciate the feedback you provide in the course evaluation. We use that
feedback as part of our ongoing program assessment and to inform possible course and program
changes. Please provide your feedback in a thoughtful and professional manner.
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