SRJC Course Outlines

12/22/2024 2:29:20 AMPLS 55 Course Outline as of Fall 2011

Changed Course
CATALOG INFORMATION

Discipline and Nbr:  PLS 55Title:  LEGAL ETHICS  
Full Title:  Legal Ethics
Last Reviewed:8/14/2023

UnitsCourse Hours per Week Nbr of WeeksCourse Hours Total
Maximum2.00Lecture Scheduled2.0017.5 max.Lecture Scheduled35.00
Minimum2.00Lab Scheduled010 min.Lab Scheduled0
 Contact DHR0 Contact DHR0
 Contact Total2.00 Contact Total35.00
 
 Non-contact DHR0 Non-contact DHR Total0

 Total Out of Class Hours:  70.00Total Student Learning Hours: 105.00 

Title 5 Category:  AA Degree Applicable
Grading:  Grade Only
Repeatability:  00 - Two Repeats if Grade was D, F, NC, or NP
Also Listed As: 
Formerly: 

Catalog Description:
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This course emphasizes development of ethical judgment in the context of the modern law office team.  The course covers the examination of the Rules of Professional Conduct, ethical guidelines for paralegals, and their application to special problems of both civil and criminal practice.  Ethical standards for direct providers of legal services are also discussed.

Prerequisites/Corequisites:
Course Completion of PLS 51


Recommended Preparation:

Limits on Enrollment:

Schedule of Classes Information
Description: Untitled document
This course emphasizes development of ethical judgment in the context of the modern law office team.  The course covers the examination of the Rules of Professional Conduct, ethical guidelines for paralegals, and their application to special problems of both civil and criminal practice.  Ethical standards for direct providers of legal services are also discussed.
(Grade Only)

Prerequisites:Course Completion of PLS 51
Recommended:
Limits on Enrollment:
Transfer Credit:CSU;
Repeatability:00 - Two Repeats if Grade was D, F, NC, or NP

ARTICULATION, MAJOR, and CERTIFICATION INFORMATION

Associate Degree:Effective:Inactive:
 Area:
 
CSU GE:Transfer Area Effective:Inactive:
 
IGETC:Transfer Area Effective:Inactive:
 
CSU Transfer:TransferableEffective:Fall 2010Inactive:
 
UC Transfer:Effective:Inactive:
 
C-ID:

Certificate/Major Applicable: Not Certificate/Major Applicable



COURSE CONTENT

Outcomes and Objectives:
At the conclusion of this course, the student should be able to:
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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.

Topics and Scope
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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

Assignments:
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1.  Read textbook and outside sources of approximately 50 pages per week.
2.  Memorize legal terminology.
3.  Prepare oral presentation on an ethical issue.
4.  Participate in weekly discussions based on reading assignments.
5.  Research topical ethical issues and present for discussion.
6.  Two or five quizzes.
7.  Complete paper, 5-10 pages, on ethical issues.

Methods of Evaluation/Basis of Grade.
Writing: Assessment tools that demonstrate writing skill and/or require students to select, organize and explain ideas in writing.Writing
15 - 20%
Written homework, term paper
Problem solving: Assessment tools, other than exams, that demonstrate competence in computational or non-computational problem solving skills.Problem Solving
40 - 50%
Homework problems, research procedural and substantive law
Skill Demonstrations: All skill-based and physical demonstrations used for assessment purposes including skill performance exams.Skill Demonstrations
0 - 0%
None
Exams: All forms of formal testing, other than skill performance exams.Exams
10 - 15%
Quizzes of multiple choice, true/false, matching items
Other: Includes any assessment tools that do not logically fit into the above categories.Other Category
20 - 25%
Attendance and participation in weekly discussions; oral presentation


Representative Textbooks and Materials:
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Ethics and Professional Responsibility for Legal Assistants, Therese Cannon.  Aspen Publishing, 2008.
Ethics for Paralegals, Linda Spagnola.  Career Education, 2008.

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