Active Outline

General Information

Course ID (CB01A and CB01B)
PARAD088.
Course Title (CB02)
The Paralegal and Professional Responsibility
Course Credit Status
Credit - Degree Applicable
Effective Term
Fall 2024
Course Description
This course examines the role of the paralegal in the legal system, along with ethical rules and guidelines governing legal professionals.
Faculty Requirements
Discipline 1
[Law]
FSA
[FHDA FSA - LAW]
Course Family
Not Applicable

Course Justification

This course is CSU transferable and in a CTE program. It was developed in response to a requirement of the American Bar Association that a paralegal studies program includes a course on legal ethics. This course belongs on the degree program in Paralegal Studies. This course fulfills the need of students to learn the ethical rules of legal practice that are contained within the American Bar Association Canons of Ethics as well as the California State Bar Act.

Foothill Equivalency

Does the course have a Foothill equivalent?
No
Foothill Course ID

Course Philosophy

Formerly Statement

Course Development Options

Basic Skill Status (CB08)
Course is not a basic skills course.
Grade Options
  • Letter Grade
  • Pass/No Pass
Repeat Limit
0

Transferability & Gen. Ed. Options

Transferability
Transferable to CSU only

Units and Hours

Summary

Minimum Credit Units
2.0
Maximum Credit Units
2.0

Weekly Student Hours

TypeIn ClassOut of Class
Lecture Hours2.04.0
Laboratory Hours0.00.0

Course Student Hours

Course Duration (Weeks)
12.0
Hours per unit divisor
36.0
Course In-Class (Contact) Hours
Lecture
24.0
Laboratory
0.0
Total
24.0
Course Out-of-Class Hours
Lecture
48.0
Laboratory
0.0
NA
0.0
Total
48.0

Prerequisite(s)

Corequisite(s)

Advisory(ies)

ESL D272. and ESL D273., or ESL D472. and ESL D473., or eligibility for EWRT D001A or EWRT D01AH or ESL D005.

Limitation(s) on Enrollment

Entrance Skill(s)

General Course Statement(s)

Methods of Instruction

Lecture and visual aids

Discussion of assigned reading

Viewing, analysis, critique and discussion of assigned videos

Discussion and problem solving performed in class and/or through online forums

Quiz and examination review 

Homework and extended projects

Collaborative learning and small group exercises

Assignments

  1. Small group discussions
  2. Individual and/or small group presentations of course material
  3. In class and take-home written assignments
  4. Assigned readings from text, internet, case reports, codes and rules of professional conduct

Methods of Evaluation

  1. Small group, individual discussions and presentations where students will demonstrate an ability to spot issues and apply knowledge from readings, cases, codes and rules
  2. Written assignments where students show ability to apply correct legal analysis of hypothetical legal problems
  3. Written mid-term and final containing objective and essay questions showing an understanding of course material

Essential Student Materials/Essential College Facilities

Essential Student Materials: 
  • None
Essential College Facilities:
  • None

Examples of Primary Texts and References

AuthorTitlePublisherDate/EditionISBN
Cannon, Therese; Aytch, S. TaylorConcise Guide to Paralegal EthicsAspen Publishing5th Ed., 20199781454873365
Cannon, Therese; Aytch, S. TaylorEthics and Responsibility for ParalegalsAspen Publishing8th Ed., 20179781454873372

Examples of Supporting Texts and References

None.

Learning Outcomes and Objectives

Course Objectives

  • Assess the regulation of lawyers and paralegals
  • Assess the unauthorized practice of law
  • Analyze the principle of client confidentiality
  • Examine conflicts of interest
  • Assess attorney advertising and solicitations
  • Evaluate rules and regulations on fees and client funds
  • Analysis of competency of legal services
  • Assess the special issues in advocacy

CSLOs

  • Analyze fact patterns to identify the ethical problems contained therein and determine the applicable actions required to resolve the issues.

  • Identify and describe the applicable governing professional responsibility rules and identify where they are located.

Outline

  1. Assess the regulation of lawyers and paralegals
    1. Evaluate the development of the paralegal profession
    2. Compare California regulations with other states
    3. Debate the pros and cons of more paralegal regulation
    4. Compare and contrast the roles of the paralegals and lawyers
    5. Compare and contrast the roles of paralegals and other legal support staff
  2. Assess the unauthorized practice of law
    1. Locate the governing law
    2. Evaluate the applicable rules and laws
    3. Analyze the definition of "the practice of law"
    4. Analyze fact situations to identify the Unauthorized Practice of Law
  3. Analyze the principle of client confidentiality
    1. Attorney-client privilege defined
    2. The work product rule
    3. Ethics rules of confidentiality
    4. Confidentiality issues with the use of computers
    5. Confidentiality and the paralegal
  4. Examine conflicts of interest
    1. Conflicts arising out of relationship with clients
    2. Conflicts arising out of relationship with opposing legal representatives
    3. Consequences of a conflict of interest
  5. Assess attorney advertising and solicitations
    1. Locate and evaluate applicable laws
    2. Analyze limitations of lawyer advertising
    3. Assess limitations on solicitation by attorneys and paralegals
  6. Evaluate rules and regulations on fees and client funds
    1. Types of fee arrangements with clients
    2. Fee-splitting, referral fees and partnerships between lawyers and non-lawyers
    3. Rules regarding trust accounts for client funds
    4. Prohibition of commingling office funds with client funds
  7. Analysis of competency of legal services
    1. Paralegal education
    2. Continuing education for paralegals
    3. Examine sanctions for incompetence
    4. Evaluate the factors affecting legal competence
  8. Assess the special issues in advocacy
    1. Examine unmeritorious claims, delay and discovery abuse
    2. Analyze court candor and honesty requirements
    3. Examine the rules and regulations governing behavior in the courtroom and the various parties in litigation
Back to Top