Kaplan University - Adjunct Professor Brian Tippens, J.D. - October 24, Welcome to Legal Ethics Unit One : Preview Units 2 -5 Course Logistics Unit One Review Introduction Regulation of Lawyers and Paralegals

Kaplan University - Adjunct Professor Brian Tippens, J.D. - October 24, 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. - October 24, Course Logistics Weekly seminar format Alternate seminar assignment Review the syllabus To contact the professor: AOL instant messenger “Ask the Prof”

Kaplan University - Adjunct Professor Brian Tippens, J.D. - October 24, 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. - October 24, 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. - October 24, 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. - October 24, 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. - October 24, 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. - October 24, 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. - October 24, 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. - October 24, 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. - October 24, 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. - October 24, 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. - October 24, 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. - October 24, 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. - October 24, 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. - October 24, 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. - October 24, 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. - October 24, Unit One Review True / False Questions: T / F Lawyers can be disciplined by suspension and disbarment. T / FModel Rule 5.3 makes lawyers responsible for the conduct of the paralegals they employ. T / FThe U.S. Supreme Court has said that charging attorneys’ fees for work performed by paralegals is unconstitutional. T / FNational paralegal associations have written codes of professional conduct for paralegals. T / FParalegals are bound by the same rules of ethics as lawyers.

Kaplan University - Adjunct Professor Brian Tippens, J.D. - October 24, 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. - October 24, 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. - October 24, 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. - October 24, 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. - October 24, Adjourn Have a great week… “See” you on the Discussion Boards