1
Welcome to Legal Ethics
Unit One :
Regulation of Lawyers and Paralegals
Introduction
Course Logistics
Unit One Review
Preview Units 2 -5
Kaplan University - Adjunct Professor Brian Tippens, J.D. - [email protected]
Tuesday, August 1, 2017
2
Introduction
Legal assistants and paralegals must always consider
the duty owed to the clients. Are the clients protected
against having confidential information revealed? What
are the duties and responsibilities regarding the ethical
conduct of the paralegal?
This course discusses these areas and presents canons,
codes of ethics, ethical and procedural practices in a
law office, licensing and certification, and more.
By the end of this this course, you will be able to • Evaluate ethical rules applicable to paralegal
practice
• Apply ethical rules governing client confidentiality
• Analyze actions considered to be the
unauthorized practice of law.
Kaplan University - Adjunct Professor Brian Tippens, J.D. - [email protected]
Tuesday, August 1, 2017
3
Course Logistics
• Weekly seminar format
• Alternate seminar assignment
• Review the syllabus
• To contact the professor:
• AOL instant messenger
• E-mail : [email protected]
• “Ask the Prof”
Kaplan University - Adjunct Professor Brian Tippens, J.D. - [email protected]
Tuesday, August 1, 2017
4
Unit One Review
Regulation of Lawyers and Paralegals
This unit focuses on the regulation of lawyers by courts,
state legislatures, and state bar associations.
The unit also discusses the important role of the American
Bar Association (ABA) in defining and disseminating the
Model Rules of Professional Conduct.
Because legal assistants work under the supervision of
lawyers, legal assistants should understand the ethical rules
that govern lawyers and how they affect legal assistants
Kaplan University - Adjunct Professor Brian Tippens, J.D. - [email protected]
Tuesday, August 1, 2017
5
Unit One Review
In this unit, you will learn about the requirements for
attorney licensing, the history and authority of the ABA
Model Rules of Professional Conduct, and the role of
paralegals.
You will also learn how attorneys and paralegals are
regulated, and the requirements for licensing and
certification. By the end of this unit, you will gain familiarity
with:
• the criteria for becoming a licensed attorney;
• the sources of regulatory power over the legal profession;
• the history of the ABA and its role in defining ethical
standards for the legal profession;
• the Model Code of Professional Responsibility and the Model
Rules of Professional Conduct;
• the sanctions imposed on lawyers for ethical misconduct;
• the differences between licensing and certification for
paralegals; and
• the various paralegal organizations in existence.
Kaplan University - Adjunct Professor Brian Tippens, J.D. - [email protected]
Tuesday, August 1, 2017
6
Unit One Review
The key concepts in this unit focus on core terms and
definitions related to the regulation of lawyers and legal
assistants as well as on the unauthorized practice of law.
This unit will explore the following topics and concepts:
•
•
•
•
The ABA Model Rules of Professional Conduct
Regulation by State Courts and State Bar Associations
Sanctions and the Disciplinary Process
Licensing and Certification Alternatives for Paralegals
Kaplan University - Adjunct Professor Brian Tippens, J.D. - [email protected]
Tuesday, August 1, 2017
7
Unit One Review
Below is a summary of your assignments for this week. As you
know, all of these assignments must be completed before the end
of this lesson week.
• Read about Model Code of Professional Conduct, explore
state specific regulations, and look at sanctions, remedies,
and actions:
• Chapter 1 - Ethics for the Legal Professional
• Practice by using the web links in this unit (graded)
• Discuss what you have learned (graded)
• Meet at the weekly seminar to further explore the concepts
in this unit (graded)
• Submit the written assignment for this unit (graded)
• Take a short Quiz (graded)
Kaplan University - Adjunct Professor Brian Tippens, J.D. - [email protected]
Tuesday, August 1, 2017
8
Unit One Review
Review Question:
Methods by which paralegals may be regulated include:
a)
b)
c)
d)
e)
licensing, certification, and registration.
civil penalties for the unauthorized practice of law.
criminal penalties for the unauthorized practice of law.
all of the above.
none of the above.
Kaplan University - Adjunct Professor Brian Tippens, J.D. - [email protected]
Tuesday, August 1, 2017
9
Unit One Review
Review Question:
Methods by which paralegals may be regulated include:
a) licensing, certification, and registration.
b) civil penalties for the unauthorized practice of law.
c) criminal penalties for the unauthorized practice of law.
d) all of the above.
e) none of the above.
Kaplan University - Adjunct Professor Brian Tippens, J.D. - [email protected]
Tuesday, August 1, 2017
10
Unit One Review
Review Question :
The American Bar Association
a)
b)
c)
d)
e)
is a voluntary organization for lawyers.
has no disciplinary authority.
has drafted sample or model rules of ethics for lawyers.
all of the above.
none of the above.
Kaplan University - Adjunct Professor Brian Tippens, J.D. - [email protected]
Tuesday, August 1, 2017
11
Unit One Review
Review Question :
The American Bar Association
a) is a voluntary organization for lawyers.
b) has no disciplinary authority.
c) has drafted sample or model rules of ethics for lawyers.
d) all of the above.
e) none of the above.
Kaplan University - Adjunct Professor Brian Tippens, J.D. - [email protected]
Tuesday, August 1, 2017
12
Unit One Review
Review Question :
The American Bar Association’s Model Rules of
Professional Conduct
a) are the nationally recognized rules of professional
responsibility in all fifty states.
b) are rules that have been adopted in almost all of the
states.
c) are very old and not used any more.
d) are the rules that govern pharmacists.
e) none of the above.
Kaplan University - Adjunct Professor Brian Tippens, J.D. - [email protected]
Tuesday, August 1, 2017
13
Unit One Review
Review Question :
The American Bar Association’s Model Rules of
Professional Conduct
a) are the nationally recognized rules of professional
responsibility in all fifty states.
b) are rules that have been adopted in almost all of
the states.
c) are very old and not used any more.
d) are the rules that govern pharmacists.
e) none of the above.
Kaplan University - Adjunct Professor Brian Tippens, J.D. - [email protected]
Tuesday, August 1, 2017
14
Unit One Review
Review Question :
Local bar association ethics opinions
a) are
bar
b) are
c) are
d) are
e) are
binding on all lawyers in the territorial jurisdiction of the
association.
binding on all lawyers and paralegals in the states.
never published and have no legal effect.
advisory and persuasive.
simply learning exercises
Kaplan University - Adjunct Professor Brian Tippens, J.D. - [email protected]
Tuesday, August 1, 2017
15
Unit One Review
Review Question :
Local bar association ethics opinions
a) are binding on all lawyers in the territorial jurisdiction of the
bar association.
b) are binding on all lawyers and paralegals in the states.
c) are never published and have no legal effect.
d) are advisory and persuasive.
e) are simply learning exercises
Kaplan University - Adjunct Professor Brian Tippens, J.D. - [email protected]
Tuesday, August 1, 2017
16
Unit One Review
Review Question :
If a lawyer violates the rules of professional conduct, the
lawyer is subject to
a)
b)
c)
d)
e)
disbarment.
suspension.
reprimand or reproval.
criminal penalties.
any of the above depending upon the severity of the
offense.
Kaplan University - Adjunct Professor Brian Tippens, J.D. - [email protected]
Tuesday, August 1, 2017
17
Unit One Review
Review Question :
If a lawyer violates the rules of professional conduct, the
lawyer is subject to
a) disbarment.
b) suspension.
c) reprimand or reproval.
d) criminal penalties.
e) any of the above depending upon the severity of
the offense.
Kaplan University - Adjunct Professor Brian Tippens, J.D. - [email protected]
Tuesday, August 1, 2017
18
Unit One Review
Fill in the blank questions :
1. Paralegals who work outside the supervision of lawyers are
called ___________.
2. The largest, voluntary association for lawyers and the one
that drafts model codes of professional responsibility is called
___________.
3. The two largest and oldest paralegal associations are called
_________ and _________.
Kaplan University - Adjunct Professor Brian Tippens, J.D. - [email protected]
Tuesday, August 1, 2017
19
Unit One Review
True / False Questions:
T/F
Lawyers can be disciplined by suspension and
disbarment.
T/F
Model Rule 5.3 makes lawyers responsible for the
conduct of the paralegals they employ.
T/F
The U.S. Supreme Court has said that charging
attorneys’ fees for work performed by paralegals is
unconstitutional.
T/F
National paralegal associations have written codes of
professional conduct for paralegals.
T/F
Paralegals are bound by the same rules of ethics as
lawyers.
Kaplan University - Adjunct Professor Brian Tippens, J.D. - [email protected]
Tuesday, August 1, 2017
20
Preview Units 2 -5
UNIT TWO provides a thorough understanding of the actions
that are considered to be the unauthorized practice of law. By
the end of this unit, you will understand the lawyer's duty to
prevent the unauthorized practice of law by a paralegal under
his or her supervision.
Assignments
• Read about the history of the unauthorized practice of
law (UPL) and outlines the limitations of legal assistants
in the practice of law:
• Chapter 2 - Ethics for the Legal Professional
• Practice by using the web links in this unit (graded)
• Discuss what you have learned (graded)
• Meet at the weekly seminar to further explore the
concepts in this unit (graded)
• Take a short Quiz (graded)
Kaplan University - Adjunct Professor Brian Tippens, J.D. - [email protected]
Tuesday, August 1, 2017
21
Preview Units 2 -5
UNIT 3 provides an understanding and appreciation of the
importance of the concept of confidentiality in the attorney-client
relationship. This unit will provide the student with a thorough
understanding of the difference between the ethical rules of
confidentiality, the attorney-client privilege, and the work product
doctrine.
Assignments:
• Read about one of the most critical elements of legal ethics:
confidentiality:
• Chapter 3 - Ethics for the Legal Professional
• Practice by using the web links in this unit (graded)
• Discuss what you have learned (graded)
• Meet at the weekly seminar to further explore the concepts in this
unit (graded)
• Submit the written assignment for this unit (graded)
• Take a short Quiz (graded)
Kaplan University - Adjunct Professor Brian Tippens, J.D. - [email protected]
Tuesday, August 1, 2017
22
Preview Units 2 -5
The purpose of UNIT FOUR is to provide an explanation of the
rules governing conflicts of interest. It is critical that legal
assistants be able to identify possible conflicts of interest and
know how to prevent such situations from impeding
representation.
Assignment:
• Read about various facets of conflicts of interest:
• Chapter 4 - Ethics for the Legal Professional
• Practice by using the web links in this unit (graded)
• Discuss what you have learned (graded)
• Meet at the weekly seminar to further explore the concepts
in this unit (graded)
• Take a short Quiz (graded)
Kaplan University - Adjunct Professor Brian Tippens, J.D. - [email protected]
Tuesday, August 1, 2017
23
Preview Units 2 -5
UNIT FIVE - Midterm Week
• Take the Midterm Exam by the end of this unit
(graded)
• Explore ways to use the academic support services.
Note: There will not be a quiz, discussion, or seminar this
week.
Kaplan University - Adjunct Professor Brian Tippens, J.D. - [email protected]
Tuesday, August 1, 2017
24
Adjourn
Have a great week…
“See” you on the
Discussion Boards
Kaplan University - Adjunct Professor Brian Tippens, J.D. - [email protected]
Tuesday, August 1, 2017