FORM 335 - Harrisburg Area Community College

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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
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