The eLearning Center for Gatlin Education Services

Paralegals, like attorneys, must be knowledgeable of the rules of ethics. This course covers the basic principles governing the ethical practice of law for both lawyers and paralegals. Subjects explored include the unauthorized practice of law, conflicts of interest, confidentiality, paralegal-client relations, disciplinary procedures, fee splitting, billing, advertising, and misconduct in the law office.

Objectives:

• Recognize common ethical problems confronting paralegals
• Understand the universal concepts of professional responsibility
• Explain the differences between the roles of paralegals and attorneys
• Recognize activities which, when performed by a paralegal, constitute the unauthorized practice of law.
• Discuss possible solutions to ethical dilemmas

Supplementary Course Documents:

• Sources
• The Need for Regulation
• Moral Codes
• Model Rules of Professional Conduct
• Ethics Opinions
• Model Guidelines
• Other Sources
• Guidelines
• Learn the Ethical Rules
• Codes of Ethics
• Codes Written by Paralegals
• Ethics
• Principles
• Ten Commandments of the Ethical Conservative
• Sanctions for Unethical Behavior
• Discipline of Attorneys
• Discipline of Paralegals
• Paralegal Liability
• Unauthorized Practice
• Client Confidentiality
• Loyalty to Client
• The Exceptions
• What is Protected
• Attorney-Client Privilege
• Paralegal’s Duties
• Conflicts of Interest
• The General Rule
• No Wrongdoing Required
• Common Examples of Conflict
• Erecting the Fire Wall
• Sex with a Client? Could be a Problem!
• Competent and Zealous Representation
• What is Competence?
• Competence Defined
• Standards of Competence
• The Paralegal’s Perspective
• Client Fees and Client Property
• Money, etc.
• Lies, Perjury, and Shame
• The Truth
• Maintain your Credibility
• Specific No-No's
• Don’t Communicate with the Other Side
• Don’t Pretend You are an Attorney
• Trends in the Paralegal World
• Licensing of Paralegals
• Be Prepared for Regulation
• Representation of Clients
• Should Law Firms Be Liable?
• Case: Doe v. Condon
• Case: Sussman v. Grado
• Audio Lectures (MP3 Format)

Discussion Topics

Week 1:

• Ethical Dilemma of the Week
• Paralegals Are The Primary Communication Liaison

Week 2:

• Ethical Dilemma of the Week
• Ethics v. Morality

Week 3:

• Ethical Dilemma of the Week
• Unauthorized Practice of Law (UPL)

Week 4:

• Ethical Dilemma of the Week
• Ghosts of Christmas Past

Practical Assignment (required):

The Practical Assignment is due by the end of Week Three.

Optional practical assignments are also available for extra credit.

Quizzes and Tests

All students are required to take a final test during the final week of the course. Tests are administered in the online classroom, and all answers must be submitted by the last day of class.

Grading:

Grading is calculated as follows:

Course Topics:

Week 1:

• The Ten Commandments of an Ethical Conservative
• If it does not feel right, don’t do it.
• Study the Ethical Rules governing attorneys
• Assume that people do not have a clear understanding of what a paralegal may or may not do.
• Never breach confidentiality.
• Know what legal advice is and don’t give it.
• Never make contact with an opposing party in a legal dispute.
• Disclose inexperience.
• Don’t sign your name to anything if you are not certain that what you are signing is 100% accurate.
• Never pad your time sheets.
• Know the common rationalizations for unethical conduct.  Promise yourself that you will not allow these rationalizations to entice you to participate in unethical conduct.

Week 2:

• Sanctions (part 1)
• Enforcement by bar organizations
• Enforcement by police for egregious ethical violations
• Attorney Codes
• Model Rules of Professional Conduct
• Model Code of Professional Responsibility
• State Codes
• Special Codes
• Accusations of unethical conduct
• Possible sanctions
• Disbarment for attorneys
• Suspension
• Reprimand
• Admonition
• Probation

Week 3:

• Sanctions (part 2)
• Paralegal Codes and Guidelines
• Model Guidelines for the Utilization of Legal Assistant Services
• State Codes and Guidelines
• Model Code of Ethics and Professional Responsibility
• Codes Written by Paralegals
• Code of Ethics and Professional Responsibility
• Model Standards and Guidelines for the Utilization of Legal Assistants
• Special Codes
• Ethical Rules and Principles
• Competence
• Diligence/Unwarranted Delay
• Fees and Retainers
• Crime or Fraud
• By an attorney
• By a client
• By a paralegal or staff member 
• Frivolous Legal Positions
• Safekeeping Property; commingling funds
• False Statements and Failure to Disclose
• Withdrawal from Representation
• Confidentiality
• Attorney Client Privilege
• Attorney Work Product Rule
• Inadvertent Disclosure of Confidential Material
• Conflicts of Interest
• Business transactions with client
• Loans to a client
• Gifts from a client
• Sex with a client
• Personal bias
• Multiple Representation
• Former Client/ Present Adversary
• Law Firm Disqualification
• Switching Jobs and The Chinese Wall
• Conflicts Checks
• Communication with the Other Side
• Solicitation
• Ambulance chasing
• Model Rule 7.3
• Advertising
• Model Rule 7.2
• Comparison of Advertising with Solicitation
• Reporting Professional Misconduct
• Paralegal Perspective
• Appearance of Impropriety
• Unauthorized Practice of Law

Week 4:

• Sanctions (part 3)
• Ethical Rules and Principles
• Discipline of Attorneys for Unethical Use of Paralegals
• Paralegals, the ABA Model Code, the and ABA Model Rules
• Misrepresentation of Paralegal Identity or Status
• Paralegal Business Card
• Letterhead
• Doing Only What Attorneys Can Do
• Specific Situations
• Non-legal advice
• Draft Documents
• Attend Real Estate Closings
• Depositions
• Execution of Wills
• Negotiate Settlements
• Court Appearances
• Sit at Counsel’s Table During Trial
• Represent Clients at Administrative Hearings
• Absentee, Shoulder, and Environmental Supervision
• Survey of Non-Lawyer Practice Before Federal Administrative Agencies
• State Survey of Opinions, Rules, Statutes and Reports on Paralegal Ethics and Related Topics