SYLLABUS FOR: PAL 110 LEGAL ETHICS Instructor: John A. Plesa 419E – Wheeling Campus (304)-214-8895 [Office] jplesa@wvncc.edu Course description: This course will provide students with an understanding of the intricacies of the ethical codes that govern the behavior of both attorneys and paralegals in the practice of law. The course will examine how attorneys and paralegals are linked and why a paralegal needs to understand the ethical codes of both professions. Topics will include the unauthorized practice of law, competency, confidentiality, conflicts of interest, and paralegal licensure. Prerequisites: Satisfactory writing placement test scores or ENG 090, satisfactory reading placement test scores or READ 095 or permission of program director. Prerequisites/Corequisites: Credit hours: 3 Lecture hours per week: 3 Expanded description/Course Focus: Texts: ETHICS FOR PARALEGALS, Spagnola & Batts, McGraw-Hill Grades: Will consists of quizzes, homework, tests, mid-term, & final; Class participation will be used to assess borderline grades. Grading System: 100%-90% = A 69%-60% = D 89%-80% = B 59%-00% = F 79%-70% = C Attendance Policy: Attendance will have a direct bearing on your grade. You will be allowed three (3) absences for the semester. I will make exceptions for extreme circumstances (e.g. death in the family). You will drop ½ letter grade for each absence exceeding three (3). Routine doctor appointments or other appointments do NOT classify as extreme circumstances and instructor may request/require documentation. Students who come more than 10 minutes late or leave more than 10 minutes early will be marked absent. Chronic absence from class will result in administrative withdrawal. YOU ARE RESPONSIBLE FOR ANY AND ALL MATERIALS, TESTS, ASSIGNMENTS, ETC. THAT YOU MISS! Assignment Deadlines: The nature of the legal profession requires strict adherence to deadlines and timetables, therefore, so does this course. Failure to follow and/or meet assignment deadlines will result in a 50% reduction of the allocated points for that assignment. If an assignment is more than 48 hours late, you will not receive credit for that assignment. All assignments are to be transmitted electronically to the e-mail account listed on this syllabus. With the exception of extreme circumstances (e.g. death in the family) excuses WILL NOT be tolerated. Routine doctor appointments or other appointments and in most cases computer “problems” do NOT classify as extreme circumstances and instructor may request/require documentation. Classroom Conduct Policy: Students are expected to conduct themselves in a courteous, responsible, mature manner in the classroom. This includes being prepared for class; informing the instructor if you are going to miss class; not coming late, leaving during class, or leaving early without prior notification and for legitimate reasons; not engaging in sidebar conversations or being otherwise disruptive in class, harassing or distracting other students or the instructor, making offensive comments, and turning off cellular phones during class. Academic Honesty Policy: Students are expected to conduct themselves in an adult, ethical, honest and professional way on assignments, research papers, and exams. Academic dishonesty includes things like: cheating (this includes helping or being helped on exams or other assignments that are to be done individually), putting your name on someone else’s work and turning it in as your own, doing work someone else is supposed to be doing, and plagiarism. You are responsible for your own work. If an assignment is given and you use an outside source to complete that assignment, you must cite to that outside source. Plagiarism and cheating in any form will automatically result in an F (0%) for that assignment and may result in dismissal from the class, program, and/or the College. Please note: If you are suspended or expelled from the College for academic dishonesty your eligibility to receive financial aid from ANY institute of higher education will be PERMANENTLY affected. Student Academic Support Services: WVNCC is committed to providing academic assistance to students to enhance their success. The Academic Success Centers on each campus provide inhouse, FREE tutoring to all enrolled students in various subjects. If you find that you are struggling in this or any other course, contact the ASC to see how peer tutors can assist you. Students should call ahead to set up tutoring sessions or request an appointment through their GradesFirst accounts. Campus Wheeling Weirton New Martinsville Location Room 225B Room 107 Room 114 Phone 304-214-8922 304-723-7514 304-510-8773 In addition to tutoring through the ASC, Support Services for Students with Disabilities provides accommodations to students with documented disabilities, per ADA-AA regulations, at no charge to students. Students must self-identify and should contact Denise Wycherley, Student Disabilities Coordinator (304-214-8938), or a campus counselor for information about enrolling for services. Furthermore, students can register for services beyond those provided per ADA-AA guidelines for a fee through the C.A.R.E.S. (College Assistance and Resources for Educational Success) program. Contact Denise to learn more about this valuable service. Academic Student Support Services also includes initiatives to help students be successful in their courses. For instance, all students are given a GradesFirst account that provides them Progress Report notices when they are at risk of failing or being dropped from a course. The Director of “Academic” Student Support Services, Christina Sullivan, administers this service and provides counseling to students struggling in school or thinking about dropping out of coursework. Contact Christina at extension 8853 or csullivan@wvncc.edu for assistance with GradesFirst or for academic support information. Social Justice Policy: WVNCC does not discriminate on the basis of race, gender, age, disability, veteran status, color, national origin, religion, or sexual orientation. Any suggestions as to how to further a positive and open learning environment in this class will be appreciated and given serious consideration. If you are a person with a physical or psychological disability and anticipate needing any type of accommodation in order to participate or succeed in this class, please advise me AND contact the Office of Disability Services in Wheeling. Outcomes The student will: 1. Identify the ethical sanctions that can be imposed upon an attorney. 2. Compare the unauthorized practice of law as it relates to attorneys, paralegals, and other support staff. 3. Explain the duty of competency, duty of confidentiality, & conflicts of interest. 4. Explain an attorney’s & a paralegal’s obligation to report professional misconduct to the proper authorities. Learning Outcomes Students who successfully complete Legal Ethics will: 1. 2. 3. 4. Recognize the major associations related to the legal field. Learn the ethical sanctions that can be imposed on attorneys. Define the “practice of law”. Define the “unauthorized practice of law”. 5. Explain the attorney-client relationship. 6. Define fiduciary relationship. 7. Define legal advice. 8. Define “competency” as it relates to the ability to practice law. 9. Define the duty of confidentiality. 10. Differentiate between the duty of confidentiality and attorney-client privilege. 11. Discuss the “work product” doctrine. 12. Define “informed consent”. 13. Explain conflict of interest. 14. Explain what is meant by an “ethical wall”. 15. Explain the duty to ensure that a client’s property is kept securely. 16. Define commingling. 17. Explain the difference between mandatory and permissive withdrawal. 18. Identify the rules pertaining to communications with opposing & third parties. 19. Define what a frivolous lawsuit is. 20. Identify situations where solicitations are prohibited. 21. Describe proper use of the terms “specialization” & “certification”. 22. Define & discuss the “appearance of impropriety” standard as it applies to attorney and paralegal conduct. 23. Explain the obligation to report professional misconduct.