Department: Business Studies Discipline: Paralegal Subject Code: PLGL Course #: 210 Course Title: Paralegal Ethics and Professionalism HARRISBURG AREA COMMUNITY COLLEGE FORM 335 Course Form 335 must be updated at least every five years per AP 765 to include, at a minimum, the following elements. [§335.2] 1. Digital Description: Credit hours: Lecture hours: Lab hours: 3.0 3.0 0.0 BL: [__]⅓[X]½ [__]⅔[___] Other (Indicate fraction or percent) 2. Catalog Description: In depth analysis of legal ethics, including unauthorized practice of law, confidentiality, and conflicts of interest. The course includes instruction in computer-assisted legal research. There is also discussion of professionalism and job interview preparation. This course is designed to be taken at the end of the student’s course of study. 3. Prerequisites: Minimum Grade Required Corequisites: PLGL 102 Other: 4. Learning Outcomes [These outcomes are necessary to enable students to attain the essential knowledge and skills embodied in the program’s educational objectives.] Upon successful completion of the course the student will be able to: Discern ethical principles that apply to legal practice through extensive discussion and role playing Identify ethical issues and solutions as they apply to confidentiality Identify ethical issues and solutions as they apply to the unauthorized practice of law Identify ethical issues and solutions as they apply to conflicts of interest Conduct computer-assisted legal research, using Westlaw, Lexis, and the internet Exhibit appropriate professional conduct during job interviews Exhibit appropriate professional conduct while employed in a law office Use job search strategies, including networking and interviewing skills Demonstrate improved written and oral communication skills 12/1/04 Form Template Reviewed & Updated: 10/26/07; 1/11/08; 1/16/09; 7/14/09; 7/14/11 Department: Business Studies Discipline: Paralegal Subject Code: PLGL Course #: 210 Course Title: Paralegal Ethics and Professionalism 5. Demonstrate an appreciation for the need to meet deadlines in a timely manner through the completion of assignments on time Planned Sequence of Learning Activities [These must be designed to help students achieve the learning outcomes.] TOPIC TIME DEVOTED Discussion of “ethics” vs. “legal ethics” 1 hour Definition of legal ethics; Conflicts between personal ethics and legal ethics Regulation of lawyers: applicable rules 1 hour Rules of Professional Conduct; Role of Disciplinary Board of State Supreme Court; Applicable statutes: Attorney-Client privilege, Unauthorized Practice of Law Regulation of lawyers: sanctions 1 hour Pennsylvania sanctions: (1) Disbarment; (2) Suspension; (3) Public Censure; (4) Private Censure; Other consequences of unethical conduct Application of attorney’s code to paralegals 1 hour Vicarious liability of attorney; Obligation of attorney to ensure ethical conduct of non-lawyer support staff; Rule 5.3(a) Regulation of paralegals: Licensure vs. certification 1 hour Difference between licensure and certification; Status of licensure attempts in other states Proposed Codes of Ethics 2 hours Specific conduct prohibited: communications with represented adverse parties, co-mingling of clients’ funds; Obligation to disclose title; Obligations re: confidentiality; Obligations re: conflicts of interest Unauthorized Practice of Law: Defined; PA statute 2 hours Underlying rationales; Differing tests; PA rule: Professional Judgment Test; PA Unauthorized Practice of Law statute – specifically related to paralegals; Exercise: Case Brief Unauthorized Practice of Law: Obligations of lawyers 1 hour Rule 5.5 – Lawyer shall not aid non-lawyer in unauthorized practice of law; Rule 5.3 – Lawyer’s obligations regarding nonlawyer assistants; ABA Proposed Guidelines for Utilization of Paralegal Services 1 & 2 Unauthorized Practice of Law: Specific situations 2 hours Definition – what constitutes “giving legal advice;” Court appearances; Depositions; Interrogatories; Post-Discovery trial preparations; Preparation of pleadings; Use of kits/form books – typing services; Will executions; Real estate closings; Negotiation of personal injury settlements; Practice before administrative agencies Confidentiality: Foundation of rules 1 hour Rationale for confidentiality rules; Foundations in law of agency; Three areas of confidentiality: (1) Attorney-Client Privilege; (2) Work Product Doctrine; (3) Ethical confidentiality rules Confidentiality: Attorney-Client Privilege – defined 1 hour 12/1/04 Form Template Reviewed & Updated: 10/26/07; 1/11/08; 1/16/09; 7/14/09; 7/14/11 Department: Business Studies Discipline: Paralegal Subject Code: PLGL Course #: 210 Course Title: Paralegal Ethics and Professionalism When applicable; PA Attorney-Client Privilege statutes (civil and criminal); Federal and state Rules of Evidence; Wigmore definition Confidentiality: Atty/Client Priv. – Waiver/Exceptions 2 hours Implied and express waiver; Only client can waive; Exceptions (i.e. matters never covered by privilege); Privilege with the corporate client – (1)Who can waive the privilege and (2) What communication is protected by privilege; Court ordered disclosure; Inadvertent disclosure Confidentiality: Work Product Rule 1 hour Applies only to work of attorney or his agent prepared in anticipation of litigation; Federal and state Rules of Evidence; Mental impressions (absolute, unqualified privilege); Informational material (qualified privilege) Confidentiality: Ethical Rules 2 hours Broadest coverage; PA Rules of Professional Conduct 1.6(a) and 1.6 (d); Comparison: Ethical Rules and Attorney-Client Privilege Confidentiality: Ethical Rules – Exceptions 2 hours Exceptions: PA Rules of Professional Conduct 1.6(b), 1.6(c) and 3.3 Confidentiality: Application to the Paralegal 2 hours Application to paralegals through law of agency; PA Rule of Professional Conduct 5.3; ABA Guideline #6; Confidentiality in daily law practice; Technology issues Conflicts of Interest: Simultaneous Representation 2 hours Nature of conflict of interest; Basis for conflict of interest rules; PA Rule of Professional Conduct 1.7; Application to legal assistants: ABA Guideline #7; Simultaneous Representation: PA Rule of Professional Conduct 1.7(a); Simultaneous representation of adverse clients; Simultaneous representation of multiple interests; Simultaneous representation of adverse positions (issue conflicts); Exercise: Case Brief Conflicts of Interest: Successive Representation 1 hour PA Rule of Professional Conduct 1.9; “Substantially related” matters; Waiver by former clients; Attorneys and paralegals as witnesses Conflicts of Interest: Prohibited Transactions 1 hour PA Rule of Professional Conduct 1.8; Business transactions with clients; Publication, literary or media rights; Financial assistance to clients; Lawyer’s interest in litigation; Gifts from clients; Agreements with clients limiting lawyer’s malpractice liability; Payment of fee by third party; Relatives of lawyers Conflicts of Interest: Imputed Disqualification 1 hour PA Rule of Professional Conduct 1.10; Successive government and private employment (Rule 1.11); Use of screens to avoid imputed disqualification – application to legal assistants (ABA Guideline #7); NFPA Informal Opinion re: Ethical Wall Conflicts of Interest: Obligations of the paralegal 1 hour Obligation of legal assistant to disclose conflicts; Conflict checks Job search skills: Interviewing & networking 2 hours How to prepare for the interview; Proper interviewing techniques/ demeanor; Exercises in responding to inappropriate questions 12/1/04 Form Template Reviewed & Updated: 10/26/07; 1/11/08; 1/16/09; 7/14/09; 7/14/11 Department: Business Studies Discipline: Paralegal Subject Code: PLGL Course #: 210 Course Title: Paralegal Ethics and Professionalism Job search skills: HACC’s Career and Transfer Center 2 hours Resume assistance; Program Placement Directory; Tour of campus Career and Placement Center; Information re: assistance that the College can provide through the Center; Registration in Program’s Placement Directory; Distribution of Commonwealth and PA Attorney General applications Professionalism in the interview and on the job 2 hours Professionalism on the job 2 hours Student classroom presentations – professionalism topics based upon computer research 6. Assessment of Student Learning [Methods of assessment should be appropriate for Learning Outcomes listed above.] Assessment of student learning outcomes for the course, as required by AP 765, is part of regular curriculum maintenance and/or improvement. The specific plan has been determined by the pertinent faculty involved and is maintained in the College’s assessment management system. EVALUATION OF STUDENT PERFORMANCE: Written examinations, case Briefs, completion of computer-assisted legal research assignments PARALEGAL COMPETENCY ASSIGNMENTS: Case briefs; computerassisted legal research exercises using Westlaw, Lexis, and the internet 7. List of Texts, References, Selected Library Resources or other Learning Materials (code each item based on instructional use): C-Lecture/Laboratory, A-Lecture, BLaboratory, LC-Lecture/Clinical, CLN-Clinical, I-Online, BL-Blended, D-Independent Study, P-Private Lessons, E-Internship, F-Cooperative Work-Study, FE-Field Experience. [These resources must be easily accessible to students.] Full-Time Textbooks (required) [A/BL] Cannon, Therese, Ethics and Professional Responsibility for Paralegals (Latest Edition). New York: Aspen. Full-Time Textbooks (optional) [A/BL] Rules of Professional Conduct (Latest Edition). Lemoyne, PA: Disciplinary Board of the Supreme Court of Pennsylvania Wagner, Andrea. How to Land Your First Paralegal Job (Latest Edition). Upper Saddle River, ND: Prentice-Hall. Adjunct Textbooks [A/BL] Cannon, Therese. Concise Guide to Paralegal Ethics (Latest Edition). New York: Aspen. Enquist, Anne, et al. Just Writing: Grammar, Punctuation, and Style for the Legal Writer (Latest Edition). New York: Aspen Law and Business. 12/1/04 Form Template Reviewed & Updated: 10/26/07; 1/11/08; 1/16/09; 7/14/09; 7/14/11 Department: Business Studies Discipline: Paralegal Subject Code: PLGL Course #: 210 Course Title: Paralegal Ethics and Professionalism Adjunct Textbooks (optional) [A/BL] Rules of Professional Conduct (Latest Edition). Lemoyne, PA: Disciplinary Board of the Supreme Court of Pennsylvania Wagner, Andrea. How to Land Your First Paralegal Job (Latest Edition). Upper Saddle River, ND: Prentice-Hall. 8. Prepared by Faculty Member: Kathy Murren Date: 7/2011 9. Approved by Department Chairperson: Kathy Murren Date: 7/2011 10. Approved by Academic Division Dean: Diane Thompson Date: 7/2011 This course meets all reimbursement requirements of Chapter 335, subchapters A / B. This course was developed, approved, and offered in accordance with the policies, standards, guidelines, and practices established by the College. It is consistent with the college mission. If the course described here is a transfer course, it is comparable to similar courses generally accepted for transfer to accredited four-year colleges and universities. 11. Associate Dean, Curriculum & Assessment: Erika Steenland (Interim) Date: 7/27/11 12. Provost & VP, Academic Affairs: Ronald R. Young Date: 7/28/11 13. Original Date of course approval by the college: 199940 14. Date(s) of subsequent reviews [Indicate change: Learning Outcomes; textbook(s)]: Textbooks updated April 2002, April 2003, 2004 (dmt) Reviewed: 12/2003: Revisions made: None. kmb Reviewed: 12/2004: Revisions made: None. (dmt) Project 3/2006: Revisions: Course Name, Catalog Description, Learning Outcomes. (dmt) Reviewed: 9/2006: Revisions: Paralegal Competency Assignments added (kbm) Revisions: 2/2009: Updated Sequence of Learning Activities; Designated Blended delivery (kbm) Revisions: 7/2011: Learning Outcomes Updated (kbm/dmt) 12/1/04 Form Template Reviewed & Updated: 10/26/07; 1/11/08; 1/16/09; 7/14/09; 7/14/11