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Upon completion of the course, students will be able to:
1. Describe behavior that demonstrates an ethically responsible and professional manner.
2. Analyze and apply the Rules of Professional Conduct.
3. Develop a system for conflicts checks.
4. Recognize the need to maintain ethical and professional relationships with judges, witnesses, jurors, opposing counsel, and other parties.
5. Recognize the need for screening in a conflict situation.
6. Distinguish between dispensing legal advice and legal information.
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1. Regulation of lawyers
a. State courts and bar associations
b. American Bar Association
c. State statutes and other forms of regulation
d. Sanctions and remedies
e. California Rules of Professional Conduct
2. Ethical guidelines and regulation of paralegals
a. Direct regulation of paralegals
b. Regulation of attorney-supervised paralegals
c. Non-lawyer legal service providers
d. Liability of paralegals as agents for attorneys
e. State guidelines for utilization of paralegals
f. California statute defining paralegals
g. Paralegal Associations' Codes of Ethics and Guidelines
3. Unauthorized practice of law
a. Attorney's responsibility for prevention
b. Unauthorized practice of law defined
c. Potential tasks that may constitute unauthorized practice of law
d. Practice before administrative agencies
e. Disclosure of status as a paralegal
f. Paralegals as independent contractors
g. Legal document assistants
4. Confidentiality and attorney client privilege
a. Principles of confidentiality
b. Attorney client privilege defined
c. Work product
d. Ethical rules of confidentiality
e. Application of confidentiality rules to paralegals
5. Conflicts of interest
a. Simultaneous and successive representation of clients
b. Conflicts of interest involving paralegals
c. Attorney and paralegal as witnesses
d. Other conflicts in relationships with clients
e. Imputed disqualifications and screening
f. Conflicts checks and systems
g. Non-representation letters
h. Dis-engagement letters
6. Advertising and solicitation
a. Protocol for attorneys and paralegals
b. Ethical considerations in advertising and solicitation
7. Fees and client funds
a. Fee agreements with clients
b. Terms and communication of fee agreements
c. Statutory fees
d. Fee splitting, referral fees, and partnerships between attorneys and non-lawyers
e. Client trust funds
8. Competence
a. Definition
b. Sanctions for incompetence
c. Legal malpractice
d. Factors affecting paralegal competence
e. Paralegal education and continuing education obligations
9. Other ethical issues
a. Candor and honesty
b. Relationships and communications with the court and court staff
c. Conduct with jurors
d. Conduct with opposing parties and unrepresented litigants
e. Conduct with witnesses
10. Professionalism
a. Current issues in professionalism
b. Pro bono work
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Ethics and Professional Responsibility for Legal Assistants, Therese Cannon. Aspen Publishing, 2008.
Ethics for Paralegals, Linda Spagnola. Career Education, 2008.