Student Workbook – Legal Ethics for the Paralegal

7/30/2019 Student Workbook Legal Ethics for the Paralegal

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MATERIALS INCLUDED IN THIS WORKBOOK:

Curriculum Description

Specific Objectives of the Paralegal Programs

Paralegal Program Overview

Program Skills General Course Syllabus and Requirements

Course Description

Pre-Midterm Topics to Cover

Midterm Exam Checklist Date of Midterm: / /

Post-Midterm Topics to Cover

Final Exam Checklist Date of Final: / /

Pre- and Post-Midterm Questions for Student Assessment

Student WorkbookLegal Ethics for the ParalegalSemester Credit Hours: 3.0

Required Textbook:Paralegal s in American Law by Angela Schneeman

Required Textbooks:Paralegals in American Lawby AngelaSchneeman and Class Requires Access to Internet Resources


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Curriculum Description

The paralegal profession has had the highest growth rate of any profession in the United States through the

1990's. There has been a large influx of students into paralegal studies resulting in a very competitive local

market in which applicants with the most convincing and respected credentials find jobs. These courses will be

provided to fill a diversity of needs: an experienced legal secretary may want to upgrade his/her education to be

consistent with his/her present employment; a student with an acceptable accomplished educational history

may want to learn additional marketable skills; a college graduate without a specific vocational focus may find

such a focus in environmental law, employee benefits, corporation law, bankruptcy, real estate and

mortgages/estates, trusts & wills, personal injury and litigation management.

Specific Objectives of the Paralegal Programs

# To assure all students and prospective students from initial contact until graduation, a relationship

with the schools personnel which will meet the highest ethical standards.

# To offer paralegal educational programs designed to prepare graduates for their chosen career.

# To develop, to the extent of economic viability, new methods and programs to meet the needs of a

changing job market.

# To assist the individual in making a smooth transition from "student" to "employee" by providing a

realistic job-oriented education, including internship or inquiry where applicable.

#

To assist graduates in finding employment in the economic community.

Paralegal Program

You may be interested in the fact that paralegals and legal assistants held about 188,000 jobs in 2000. Private

law firms employ the vast majority, followed by corporations and various levels of government agencies. The

paralegal curriculum is designed to meet the needs of this segment of the employing population by providing

the student with an overall training in the legal field. The curriculum is divided into several courses of study,

covering the following areas of law: family law; real estate and mortgages; wills, successions, and estate

administration; Torts, business law; legal research and writing; law and ethics; writing conference and career

development; litigation; criminal law, etc. Several seminars are offered to emphasize many important sections

of the law and related areas of employment.

Program Skills# Legal research

# Interview clients and witnesses

# Obtain statements and gather data in preparation of litigation

# Prepare pleadings, service of process, subpoenas, wills, contracts, and other legal documents

# Organize and index documents and information

# Draft and review deeds, mortgages, leases, and other real estate and related contract documents

# Set up and maintain dockets and files

# Recognize and research criminal causes of action and pre-trial, trial, and post-trial stages of litigation

# Draft and review legal documents such as divorce petitions, child support, child custody, and property

settlement agreements

# Draft and review wills and estate plans

# Prepare and execute post-judgment documents# Draft and review bankruptcy petitions

# Identify various business types; prepare art icles of incorporation and various other documents relative

to business organizations

# Abstract depositions

# Review and prepare discovery materials and responses


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Course Syllabus

Introduction: The purpose of this syllabus is to explain to the student what he/she should expect in this

course. An instructor may also produce a syllabus of his or her own outlining assignments and procedures to

be followed in the class. Please give the students the following information so they may contact you.

Instructor name: ________________________________________________________

Hours available for students: ______________________________________________

Office phone:____________________________________________________________

Office address: __________________________________________________________

The purpose of all classes is to prepare students for the job market. The teacher will attempt to relate the

contents of this course to actual job situations. Seminars are designed to provide basic information and ideas in

a specific area of the law for those who are working in a law office and those who plan to work in a law office.

Hours in Class and Credits Earned: See Appointment Letter. The teachers may vary the class meeting time as

long as the required hours are met in each course; this is done so that the school can hire working professionals.

The total semester credit hours, as indicated on the front of this booklet, are granted for satisfactory completion

of this class and a grade will be posted on the students transcript. This class counts toward satisfaction of therequirements for graduation.

Holidays and Inclement Weather: Taking a holiday or postponing class due to inclement weather is at the

discretion of each teacher and all classes missed must be made up during the current block of classes. If the student

has any doubts as to whether or not class will be held, the teacher should be contacted, not the college! If a

teacher does contact the college with notice of such a postponement, an e-mail will immediately be sent out to all

students, therefore student e-mails should be checked regularly.

Student Email: All students are issued a private e-mail address which can be accessed through the website,

www.brc.edu. It is the students responsibility to check this e-mail addressdaily for all notices and announcements.

Suggested Supplies: Pencil, highlighter, red and black pens.

COURSE REQUIREMENTS:

Attendance:

The College adheres to the American Bar Association policy for law school attendance which requires "regular and

punctual class attendance." Students are expected to attend every meeting of every class. The student has the

responsibility of attending all scheduled classes. The teacher records student attendance during each class session.

A student is recorded as absent for being more than 30 minutes late for a class or for leaving class before being

dismissed by the teacher. Instructors should take attendance at the beginning and/or end of each class session. If

the student is late and/or must leave early, it is the students responsibility to inform the teacher at that classsession. Students are responsible for obtaining instruction and information missed during absences.

All teachers certify attendance records and are responsible for correct and accurate reporting of attendance and

class hours. Class time missed must be made up. The college administration relies on attendance records

submitted by the teachers, and hold the teachers responsible for incorrect attendance records. Teacher must check

and report attendance correctly.

It is each students responsibility to make sure the teacher records him/her present in each class in which he/she

is in attendance. If a student misses class due to illness or emergency, it is the students responsibility to contact

the teacher of the course directly. It is not necessary for the student to notify the administration.
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The College administration will drop a student from enrollment for the semester after being absent more than one

class per semester credit hour they are enrolled a semester. There are no excused absences. All classes started,

but not completed, prior to dismissal for excessive absences will receive a W.

Example: A student is enrolled for

3 Semester Credit Hours 3 Absences allowed per semester 4 absences the student is

dismissed for the semester and notallow to received credit for the

courses enrolled.


dismissed for the semester and not

allow to received credit for the

courses enrolled.

12 Semester Credit Hours 12 Absences allowed per

semester

13 absences the student is



courses enrolled.




courses enrolled.

Internship hours are kept by the supervising attorney. The interning student is required to notify the supervising

attorney immediately if an absence will occur from an internship. The student must also record the absence on the

daily internship time sheet. Absences should occur only in extreme emergencies. The student must make up any

regularly scheduled time missed.

Occasionally, teachers unavoidably arrive late or cancel classes due to circumstances arising from their professional

practices. Should there be a reasonable expectation that a class will run overtime due to a teachers late arrival,

any student who must leave at the originally scheduled ending time should speak to the teacher before class or

during the break. Any and all students leaving before the originally scheduled ending time will be marked absent

by the teacher. If the teacher is 30 or more minutes late to class, the class is dismissed and will be made up at

another time set by the teacher.

Teacher Evaluation: Teacher evaluations are completed by each student. These evaluations are used to help the

teacher improve.

Class Participation: Students are encouraged to participate in class in appropriate ways - taking notes, asking

questions, responding to questions, etc.

Tests: Students are required to take all in-class tests. Take the final exam given by the teacher. The school will

provide an administrative exam to be given at the end of each course, but encourages teachers to add more

challenging essay questions and/or short answer questions. Make-up exams will be at the discretion of the

instructor.

GRADES:

Grading Scale:

90 - 100 = A 79 - 70 = C 59 - 60 = F

89 - 80 = B 69 - 60 = D


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Final Grade Computation Example: The following is an example of a final grade computation. The instructor

may, at his/her discretion, adjust the percentages. Letter grades are needed for final input into the Gradebook

application on the website, www.brc.edu, please keep this in mind.

Example:

40% = Final Exam

10% = Attitude & Attendance

35% = Midterm Exam

15% = Homework/Workbook

Note: As should only be given when a student performs in an extraordinary fashion. We suggest that teachers

only give As when a student submits a writing sample or extra outside assignment to the teacher on one of the

topics they are teaching, that could be used in a job interview.

Satisfactory Progress Policy: The Satisfactory Progress Policy applies to all students whether they are enrolled

on a full-time, half-time or self-paced basis and applies to all programs of study. Students are considered making

Satisfactory Progress in the program of study as long as they are eligible to continue in attendance in accordance

with the following provisions. Each student's Satisfactory Progress is measured at the end of each month or course

and includes the following elements: Incompletes, Withdrawals, and Failures.

Withdrawal from a Course: A student may add or drop a course(s) during the first week of class. After the first

week, if the student attends a class, the student will be enrolled in that course for the entire term of the course.

Should a student Withdraw from a course before the midterm, the student will receive a "W" for that course. The

"W" will remain on the students permanent record. Should a student withdraw from a course after the midterm,

a grade of WF will be received. The students graduation date will be extended under these circumstances.

Failure to attend a seminar after registering for the seminar will result in a WF.

Incompletion of a Course: A student will receive an "I" in a course with the approval of the Admission and

Education Team Supervisor or the President, after consultation with the instructor. The work required to complete

the course must be completed during the next three weeks or the student will receive an "F" for the course.

Repeating a Course: A student may elect to repeat a course at his/her own expense to improve a grade, whichwill be averaged into the student's cumulative grade point average (GPA). The first grade will not be averaged into

the GPA; however, no grades will be deleted from the student's transcript. The second grade will be shown as a

repeat on the student's transcript. All courses must be repeated prior to graduation dates.

Failing a Course: A student who receives a grade of "F" in any course must repeat the course or complete another

course in the rotation of courses offered to be eligible for graduation in the chosen curriculum. The repeat or new

course will be averaged in the student's cumulative GPA; however, the "F" will not be deleted from the transcript.

A minimum grade of "D" or better is required to pass all courses in all programs; however, a student may repeat

a course until it is satisfactorily completed. A student may substitute a course upon approval, in writing, by the

Administration. The students graduation date will be extended under these circumstances. Non-credit remedial

courses are not offered.

Make-up Policy: Make-ups may be allowed at the discretion of the instructor. Make-ups may be allowed if the

student misses a quiz or test due to unavoidable circumstances, such as his/her own illness or serious illness or

death of a family member or close friend. The student must contact the teacher about taking a make-up within 3

calendar days of the missed assignment. The teacher may require written documentation of the circumstances and

reserves the right to investigate the truth of the claim or deny the student the right to take a make-up. Make-up

work is totally at the discretion of the instructor. Students are responsible for obtaining instruction and information

missed during absences.

Academic Honesty: The school places a high premium on academic honesty. The students may certainly study

together, exchange notes, consult books in the library, etc. When students enter the classroom to take a quiz or
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exam, they must place all notes and books out of sight. The students must avoid even the appearance of

impropriety. The teacher may ask the student to certify honesty by writing on each quiz or test paper that "I have

neither given nor received aid during this test (quiz, exam)" and by signing the statement.

Enrichment Activities:

Inform the class the first day the way you plan to present the course. Basics are given in the Student Workbook,

but specific dates and requirements are under the instructors discretion. The dates of reading assignments, quizzes,

and exams are subject to change. All changes will be announced in class by the teacher.

Location of Class: Most classes are conducted at the main campus or auxiliary lecture sites. However, teachers

are encouraged to take students to law offices, courtrooms, large law libraries, and other community locations

where paralegals may learn how the legal community functions.

Time Allotment: Each topic should receive equal time. If the attorney instructor thinks that students need

additional time for a topic based on his professional practice and training, the time should be adjusted.

Help Improve the Curriculum: Please note that students have access to LexisNexis and the staff encourages you

to take cases, state code, and other items related to this course from LexisNexis and use them as practical

applications.

If you have an item (case, state code, Internet sites) you used in your class that would be helpful to other teachers

at other instructing sites, please email them to [email protected]. BRC will mass email your ideas to other

instructors and include them in future Teaching Planbooks.

The college requests your help in improving the curriculum. It would be appreciated if you would note how much

time you spend on each topic in the lesson plan. The staff will use that information to make changes in future

lesson plans.


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Course Title: Legal Ethics

Course Description: This course will introduce students to the basic ethical principles which regulate those

working in law, placing special emphasis on how the rules affect paralegals. Regulation of attorneys and

unauthorized practice of law will be discussed with reference to permitted paralegal tasks. Critical issues such as

conflicts of interest, confidentiality, misrepresentation, and unauthorized practice of the law will be emphasized.

Students will learn applicable disciplinary rules for both the lawyer and the paralegal, in order to understand how

to function responsibly as a legal professional. Class discussions will apply concepts and rules in a practical

fashion to the types of ethical situations and dilemmas that students may encounter in the legal workforce.

Course Objectives: Students will learn the rules of professional conduct according to the American Bar

Association, as well as the Louisiana Supreme Courts ruling on professional conduct. Students will be introduced

to the many resources available in legal ethics and the associations that regulate and keep current news on legal

ethics issues. Paralegals also have their own rules of conduct and students will be able to distinguish how they

themselves may be professional in the legal setting. Students will be given hypothetical situations to discuss and

write arguments about in order to establish their own ideas on ethics in the legal profession.

Specific Course Objectives:

1. Students will be able to define vocabulary involved with legal ethics.

2. Students will identify the primary sources of the rules of legal restrictions on the activities of paralegals

and respond hypothetical situations involving ethical choices.

3. Students will identify the primary sources of the rules of professionalism given to lawyers and respond to

hypothetical situations involving ethical choices.

4. Students will learn how ethics concerns the paralegal profession and identify special concerns for

paralegals such as the unauthorized practice of law, confidentiality, conflicts of interest, misrepresentation,

and reporting unethical behavior.

5. Students will identify how lawyers are to utilize their legal assistants as stated in the ABA ModelGuidelines for the Utilization of Legal Assistant Services and discuss the information therein.

6. Students will utilize the associations for legal ethics such as the Association of Professional Responsibility,

Center of Professional Responsibility sponsored by the ABA and the Legal Ethics digital library, as well

as the Louisiana Bar Associations sources website to research current legal ethics issues on the Internet.

Student Outcomes * Standards set by American Association for Paralegal Education

1. To define vocabulary involved with legal ethics.

Measure: Students will complete assignments that will involve defining key terms introduced in the

chapter and lecture.

2. To identify the primary sources of legal restrictions on the activities of paralegals.

Measure: Students will complete assignments testing their knowledge of theNALA Code of Ethics

andProfessional Responsibility and the NFPA Affirmation of Responsibility.

3. To identify the primary sources of the rules of professionalism given to lawyers.

Measure: Students will complete assignments testing their knowledge of theABA Model Guidelines

for the Utilization of Legal Assistant Services and the LA Bar Associations Rules of

Professional Conduct.


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4. To learn how ethics concerns the paralegal profession and identify special concerns of the paralegal.

Measure: Students will participate in discussions and complete writing assignments dealing

specifically with the unauthorized practice of law, confidentiality, conflicts of interest,

misrepresentation, and reporting unethical behavior.

Required Textbooks:Paralegals in American Law by Angela Schneeman/ Chapter 3 Pages 56-74

Required access to websites listed in supplemental materials disc, see Links.

Supplemental Materials

< Hypothetical Situations

< Question and Answer Activities

< LA Bar Associations Rules of Professional Conduct

< American College of Trial Lawyers: Code of Trial Conduct Links

Prepatory Assignment For Students:Read reference source for next lesson as indicated by instructor. Complete any assignments

within the text or created by the instructor by the date due.

Materials Students Must Bring To Class:< BRC Student Workbook

< Pencil and/or Pen

< Paper for note taking

< Textbook

< Supplemental Materials

Materials and Equipment:< Textbook

Documents

Student Workbook – Legal Ethics for the Paralegal