| Legal Ethics (Paper-Based) |
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| Overview: |
| Apply the abstract concept of ethics to the day-to-day practice of law. ACE College Credit Recommendation Service reviewed.
In this independent study paper-based course, you submit assignments to an instructor, who grades them and gives you feedback. Textbook must be purchased separately. Take up to one year to complete. |
| Who Should Attend? |
| The paralegal professional currently working in the ethical and competitive climate of legal practice, in both the public and private sectors. |
| Additional Information: |
| Order textbooks from Specialty Books. Select subject area Paralegal Studies, then select course. |
| Objectives: |
| Discuss the ethical issues of law and the rationale behind office practices and procedures used by law firms, corporate legal departments and offices of general counsel within governments |
| Syllabus: |
Syllabus -- Legal Ethics, LAWS1116C, Grad. School, USDA
Required Textbooks:
Order textbooks from Specialty Books
Sent to you by the Graduate School:
- NAPA, Model Code of Ethics and Professional Responsibility and Guidelines for Enforcement.
- NALA, Professional Standards.
Contents and Objectives
PARTICIPANT INVENTORY
Lesson 1: Integrity and Competence; Making Legal Services Available
Thorough understanding of the tenets and application of Canon 1 - Integrity and Competence (Ch. 1 of text) and Canon 2 - Making Legal Services Available (Ch. 2 of text).
Lesson 2: The Unauthorized Practice
Through understanding of the tenets and application of Canon 3 - The Unauthorized Practice (Ch. 3 of text) The four things a non-lawyer cannot do.
Lesson 3: Preserving Confidences and Secrets; Representing Adverse Interests
Thorough understanding of the tenets and application of Canon 4 - Preserving Confidences and Secrets (Ch. 4) and Canon 5 - Representing Adverse Interests (Ch. 5). Hypothetical Scenario: The seminal theory of the attorney-client relationship, and its importance to understanding legal ethics.
Lesson 4: Competence and Professional Negligence: Zealous Representation Within the Bounds of the Law
Thorough understanding of the tenets and application of Canon 6 - Competence and Professional Negligence (Ch. 6) and Canon 7 -Zealous Representation.
Lesson 5: Work to Improve the Legal System: Avoid the Appearance of Impropriety
Thorough understanding of the tenets and application of Canon 8 - Work to Improve the Legal System (Ch. 8), Canon 9 -Avoid the Appearance of Impropriety (Ch. 9) Extra reading assignment: Lawry, "Who is the Client of the Federal Government Lawyer? An Analysis of the Wrong Question, GOV'T LAW. 37:61, 1978. Mastery of all foregoing ethical principles as demonstrated by the ability to distinguish the unique duties of a government or corporate lawyer from those in the private sector.
Lesson 6: Regulating the Profession
Thorough understanding of the current issues related to possible regulation of the paralegal profession (Ch. 10).
Lesson 7: Mid-Term Paper
Mid-term paper. Mastery of the ability to distinguish a question of legal ethics and apply the appropriate Canon, ethical considerations and disciplinary rule (if one exists) to that question. Mastery of critical thinking and the ability to express it in writing.
THE BUSINESS SIDE OF LAW
Lesson 8: Time Billing and Accounting
Thorough understanding of the importance of time billing and accounting to the ethics of integrity and the economics of maintaining a legal practice.
Lesson 9: Recordkeeping and Automated Systems
Introductory understanding of recordkeeping and automated systems. The lack of standardization in these areas makes generalization a necessity.
MANAGING A FICTITIOUS CASE
Lesson 10: Opening the Case
Practical on standard administrative procedures used in setting up a new case.
Lesson 11: Protecting the Client's Interest During Discovery
Protecting the Client's Interests During Discovery. Practical on the attorney work product and attorney-client privilege doctrines as they are applied. Management of documentary evidence.
Lesson 12: Final Examination
All essay, timed to three hours. A "Chinese Menu" of 7 essay questions from which the participant selects 3 to answer tests critical thinking and the participant's ability to judge and select those areas in which he or she is most competent. Questions are intentionally structured to direct the student's thinking into areas of actual conflict between two Canons or principles of ethics, into areas of inconsistency within one Canon, or to areas of conflict in office procedure. The rule is open book, open notes, open whatever.
Of primary importance here is the participant's ability to approach a novel problem and to discern the authority of a specific Canon over that problem, then to explain how and why he or she arrived at that answer. Conversely, a student may choose the Canon which seems most likely and proceed to point out the flaws which might arise in its application to the question. Components of each question will have a correct answer with respect to the application of the ethical principles studied to give a benchmark for grading overall comprehension. Beyond that, participants will be graded as to the quality of thought demonstrated in each answer within the context of their prior educational and legal exposure.
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