Maricopa Community Colleges  LAS203   20036-20042 
Official Course Description: MCCCD Approval: 12/10/02
LAS203 20036-20042 LEC 3 Credit(s) 3 Period(s)
Ethics and Professional Practice
Rules of professional responsibility and ethical requirements with an emphasis on their application to legal assistants. Sources of power to regulate the practice of law. Issues related to unauthorized practice of law. Examination of professionalism in the legal profession. Prerequisites: (LAS101 or TCA101), LAS131 and (BPC110 or permission of program director or department chair).
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MCCCD Official Course Competencies:
 
LAS203   20036-20042 Ethics and Professional Practice
1. Distinguish among the various sources of power regulating the practice of law and determine their applicability to legal assistants. (I)
2. Assess the impact of the available sanctions and remedies imposed for violations of professional ethics. (I)
3. Summarize the history and current status of legal assistant regulation in the United States and Arizona. (II)
4. Analyze the different definitions of the unauthorized practice of law and detect acts constituting unauthorized practice. (III)
5. Summarize the principle of confidentiality and its application to legal assistants. (IV)
6. Detect and produce examples of activities that constitute a conflict of interest for legal assistants. (V)
7. Assess the types of activities allowed and prohibited for legal advertisement and solicitation. (VI)
8. Distinguish among the different types of legal fee arrangements and their relationship to legal assistants. (VII)
9. Evaluate the elements of professional competency and specify the factors affecting legal assistant competence. (VIII)
10. Analyze the elements of sound professional judgment. (VIII)
11. Prepare a written memorandum analyzing a selected ethical issue relating to legal assistant work. (II-VIII)
12. As a member of a group, prepare and present an analysis of a selected ethical issue related to legal assistant work within the context of the Arizona Rules of Professional Responsibility. (II-VIII)
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MCCCD Official Course Outline:
 
LAS203   20036-20042 Ethics and Professional Practice
    I. Regulation of the Practice of Law
        A. State courts and state bar associations
        B. American Bar Association
        C. State statutes and other regulations
        D. Sanctions and remedies
      II. Ethical Guidelines and Regulation of Legal Assistants
          A. History of the legal assisting profession
          B. Direct regulation of legal assistants
          C. State guidelines for utilization of legal assistants
          D. Codes of ethics and guidelines for the legal profession
          E. Liability of legal assistants
        III. Unauthorized Practice of Law (UPL)
            A. Defining the practice of law
            B. Attorney's responsibility to prevent UPL
            C. Actions constituting UPL
            D. Legal assistant tasks that may constitute UPL
            E. Practice before administrative agency
            F. Legal assistants as independent contractors
          IV. Confidentiality
              A. Principles
              B. Attorney-client privilege
              C. Work product
              D. Ethical rules of confidentiality
              E. Issues specific to legal assistants
            V. Conflicts of Interest
                A. Simultaneous and successive representation
                B. Attorney or legal assistant as a witness
                C. Conflicts in relationships with clients
                D. Imputed disqualification
                E. Conflicts checks
              VI. Advertisement and Solicitation
                  A. Acts constituting
                  B. Leading case law on the issues
                VII. Legal Fees
                    A. Fee arrangements with clients
                    B. Communicating fee arrangements to clients
                    C. Statutory fees
                    D. Fee splitting and referral fees
                    E. Client funds
                  VIII. Professional Competency
                      A. Legal assistant education
                      B. Continuing legal education
                      C. Definition
                      D. Sanctions for incompetence
                      E. Trends in legal malpractice
                      F. Factors affecting legal assistant competence
                      G. Formulating sound professional judgments
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