Kaplan University - Adjunct Professor Brian Tippens, J.D. - February 23, 2016 1 Preview Units 4-6...

Kaplan University - Adjunct Professor Brian Tippens, J.D. - [email protected] Friday, May 5, 2023

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Preview Units 4-6

Unit Three Preview

Unit Two Review

Legal Ethics – Unit ThreeConfidentiality and Attorney Client Privilege


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Unit Two Review

UNIT TWO provided a thorough understanding of the actions that are considered to be the unauthorized practice of law.

We reviewed :

• The tests used by courts to determine whether an activity constitutes the practice of law

• The attorney's responsibility to prevent the unauthorized practice of law

• The specific areas in which unauthorized practice most directly affects legal assistants: court appearances, depositions, pleadings, and giving legal advice

• The duties that may not be delegated to legal assistants • The importance of disclosure of one's status as a paralegal • The boundaries over which paralegals working as independent

contractors cannot cross without engaging in the unauthorized practice of law


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Unit Two Review

Unauthorized Practice of Law

•To figure out what UPL is, the first step is to define as closely as possible “practice of law.”

How would you define the practice of law ?


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Unit Two Review



It is the application of a rule of law to a particular person’s fact pattern and giving a response or opinion, whether orally or in the form of a document.


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Unit Two Review




we need to look at those elements from both the point of view of the person asking for legal advice and the point of view of the person giving the advice


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Unit Two Review




we need to look at those elements from both the point of view of the person asking for legal advice and the point of view of the person giving the advice

•As paralegals, we are not going to be paralyzed by UPL regulations.


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Unit Two Review

Review Question:

If you prepare a letter that contains information that might be construed as legal advice, you should:

a. Ask another more experienced paralegal who should sign the letter.b. Sign the lawyer’s name.c. Give it to the lawyer for his or her review and signature.d. Sign the lawyer’s name and put your initials after the signature.e. Sign the letter.


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Unit Two Review

Review Question:

If you prepare a letter that contains information that might be construed as legal advice, you should:

a. Ask another more experienced paralegal who should sign the letter.b. Sign the lawyer’s name.c. Give it to the lawyer for his or her review and signature.d. Sign the lawyer’s name and put your initials after the signature.e. Sign the letter.


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Unit Two Review

Review Question:

If immediate family members (spouse, mother, father, sibling, or child) ask you for legal advice, you should:

a. Advise them that you cannot give legal advice and do not give the answer.b. Give the advice, cautioning them that your answer is just your opinion, not advice.c. Give them the answer, but refer them to a lawyer for confirmation of the answer.d. Offer to call a lawyer to get the answer to their question.e. Give the advice because you know that they will never tell anyone that you did.


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Unit Two Review

Review Question:

If immediate family members (spouse, mother, father, sibling, or child) ask you for legal advice, you should:

a. Advise them that you cannot give legal advice and do not give the answer.b. Give the advice, cautioning them that your answer is just your opinion, not advice.c. Give them the answer, but refer them to a lawyer for confirmation of the answer.d. Offer to call a lawyer to get the answer to their question.e. Give the advice because you know that they will never tell anyone that you did.


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Unit Two Review

Review Question:

If you disagree with the decision made by your supervising lawyer and the client asks for your opinion, you should :

a)Wink and tell the client your opinion when the lawyer leaves the room.b)Disagree with the lawyer when the client leaves the office.c)Agree with the lawyer while the client is there and call the client afterward.d)Discuss your disagreement with the lawyer privately.e)None of the above.


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Unit Two Review

Review Question:

If you disagree with the decision made by your supervising lawyer and the client asks for your opinion, you should :

a)Wink and tell the client your opinion when the lawyer leaves the room.b)Disagree with the lawyer when the client leaves the office.c)Agree with the lawyer while the client is there and call the client afterward.d)Discuss your disagreement with the lawyer privately.e)None of the above.


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Unit Two Review

Review Question:

If a client asks you how his or her case or matter is progressing, you should:

a)Respond with your opinion about the chance of winning, stating it is only an opinion based on your years of experience as a paralegal.b)Tell him or her that you do not know because you are only a paralegal.c)Tell him or her that you cannot respond because that would be considered the unauthorized practice of law.d)Tell him or her that you cannot guess because juries are unpredictable.e)Tell the client the procedural steps that have been taken in the case.


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Unit Two Review

Review Question:

If a client asks you how his or her case or matter is progressing, you should:

a)Respond with your opinion about the chance of winning, stating it is only an opinion based on your years of experience as a paralegal.b)Tell him or her that you do not know because you are only a paralegal.c)Tell him or her that you cannot respond because that would be considered the unauthorized practice of law.d)Tell him or her that you cannot guess because juries are unpredictable.e)Tell the client the procedural steps that have been taken in the case.


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Unit Two Review

Review Question:

A paralegal may appear in court on behalf of the client if:

a)That client consents to the appearance.b)The paralegal’s representation is on the paralegal’s own behalf.c)The paralegal’s representation is permitted administratively or statutorily.d)The paralegal identifies himself or herself as the lawyer.e)None of the above.


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Unit Two Review

Review Question:

A paralegal may appear in court on behalf of the client if:

a)That client consents to the appearance.b)The paralegal’s representation is on the paralegal’s own behalf.c)The paralegal’s representation is permitted administratively or statutorily.d)The paralegal identifies himself or herself as the lawyer.e)None of the above.


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Preview Unit Three

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)


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Preview Unit Three

• The duty of confidentiality lasts for your lifetime and beyond. • Information you learn about your clients can never be divulged for a purpose

other than to assist your client through the representation and must never be discussed with anyone other than those in the “need-to-know” sphere. o This is true even if you change the names, dates, places, or other identifying

information. • The world is smaller than you think. If you ever consider divulging confidential

information, ask yourself, “Would I want someone telling other people my personal business?”

• All of the secret information that you gained directly from the client is covered by the attorney/client privilege so you can rest assured that you cannot be called upon to testify about it. o When you are ready to box up and store those old client files, keep confidentiality in

mind. o The confidential information that you have from working with clients will be with you

always and may create a conflict of interest for you in the future.


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Preview Units 4 - 6

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)


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Preview Units 4 - 6

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.


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Preview Units 4 - 6

Unit Six surveys the history of regulation of lawyer advertising and the limitations on advertising that exist today.

Assignments:

• Read about the history of the rules governing attorney advertising and how those rules continue to change:• Chapter 5 - 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)


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Adjourn

Have a great week…

“See” you on the Discussion Boards

Kaplan University - Adjunct Professor Brian Tippens, J.D. - February 23, 2016 1 Preview Units 4-6...

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Transcript of Kaplan University - Adjunct Professor Brian Tippens, J.D. - February 23, 2016 1 Preview Units 4-6...