PLA 3703 - Seminar in Professional Responsibility

College of Policy, Ethics and Legal Studies

Credit(s): 3
Contact Hours: 47
Effective Term Fall 2010 (430)

Requisites

(Admission to Paralegal Studies (Bachelor of Applied Science) (LEGAL-BAS) or
Admission to Paralegal Studies (Certificate with Financial Aid Eligibility) (LEGAL-CT)) and
Pre- or Co-requisite PLA 2114

Course Description

This course covers ethical responsibilities of legal professionals, a study in the canons of legal ethics, and areas of liability for professional malpractice. This course requires the student to participate in a community service-learning project approved by the college, instructor, and student.

Learning Outcomes and Objectives

  1. The student will demonstrate an understanding of the sources of law regulating the legal and paralegal professions by:
    1. describing how state and federal regulations are promulgated through the legislative bodies and federal, state, and local courts.
    2. describing the state administrative regulation process of state bar associations.
    3. describing the state administrative regulation process of state bar associations.
  2. The student will demonstrate an understanding of the requirements for admission to the practice of law by:
    1. identifying educational requirements and exceptions.
    2. identifying character, residency, and citizenship requirements for bar admission.
    3. describing the multi-state and state bar examination process.
    4. explaining how attorneys may be waived into or qualify on a reciprocity basis in other jurisdictions.
  3. The student will demonstrate an understanding of the different forms of disciplinary sanction of attorneys by:
    1. describing the disciplinary complaint process and the right to procedural due process.
    2. describing the various forms of discipline and the most common activities giving rise to disbarment.
    3. recognizing the effect of disciplinary sanction on an attorney’s ability to practice in other jurisdictions.
  4. The student will demonstrate an understanding of the activities that constitute the practice of law and those that constitute the unauthorized practice of law by:
    1. identifying activities that constitute the practice of law.
    2. describing the effect of practicing law in foreign jurisdictions and the pro hac vice procedure.
    3. describing the effect of practicing law in foreign jurisdictions and the pro hac vice procedure.
    4. explaining the restrictions on the practice of law by court officials (i.e.; prosecutors, public defenders, judges).
  5. The student will demonstrate a basic understanding of the structure and typical business organizational forms of law offices by:
    1. describing the typical structure, actors, roles, and culture of the law firm.
    2. describing the various types of business organization of law firms (i.e.; professional service corporations, professional limited liability companies (LLC’s), limited liability partnerships (LLP’s), and limited partnerships).
    3. explaining the restrictions on multi-disciplinary practice and on partnering with non-lawyers.
  6. The student will demonstrate an understanding of the restrictions on solicitation and advertising by:
    1. explaining the First Amendment and restrictions on advertising.
    2. identifying the bar regulation of advertising services, fees, specialization, and office locations.
    3. identifying the bar regulation on referral fees, direct solicitation, and class action solicitation.
  7. The student will demonstrate an understanding of the regulations affecting the attorney-client relationship by:
    1. identifying prohibited activities or transactions that create a conflict of interest.
    2. identifying regulation on limitation of liability to client, settlements with clients, and relationships with opposing counsel.
    3. explaining problems associated with corporate representation.
    4. describing ethical ramifications of various types of fee arrangements.
    5. identifying strategies for the organization in light of the duty of competence.
    6. describing the paralegal’s role in the organization and in keeping the client informed.
    7. explaining and defining the attorney-client privilege, confidentiality, waiver, and exceptions.
    8. identifying and explaining the rules regulating trust accounts.
  8. The student will demonstrate an understanding of the obligations of counsel in regard to transactions with third persons, opposing parties, and the courts by:
    1. describing the restrictions and duties in communicating with represented and unrepresented adverse parties.
    2. explaining candor toward the tribunal, subornation of perjury, and fairness to opposing party and counsel.
    3. recognizing improper contact with jurors and the court.
    4. recognizing issues in regard to making public statements.
    5. describing the special role and ethical duties of the prosecutor.
  9. The student will demonstrate a basic understanding of the law regulating withdrawal from legal representation by:
    1. describing instances requiring a mandatory withdrawal from representation.
    2. identifying when a lawyer may permissibly withdraw from representation.
    3. describing the duty of the lawyer and methods of protecting client interests, information, and records upon withdrawal.

Criteria Performance Standard

Upon successful completion of the course the student will, with a minimum of 70% accuracy, demonstrate mastery of each of the above stated objectives through classroom measures developed by individual course instructors.

History of Changes

C&I 2/28/06, BOT 3/21/06, Effective 20053(0365). Was 3700; changed by State Field Review Effective 20101(0430).
C&I Approval: 12/07/2010, BOT Approval: 02/22/2011, Effective Term: Fall 2010 (430)

Related Programs

  1. Paralegal Studies (LEGAL-CT) (580) (Active)
  2. Paralegal Studies (LEGAL-BAS) (640) (Active)