Examines and critically reviews the role of the legal profession and the legal, ethical and professional conduct duties and responsibilities of lawyers. Students consider the history, structure and regulation of the legal profession, before focusing on the admission requirements to the legal profession. The course considers in detail the duties and obligations of a lawyer to the courts, clients, other legal practitioners, the public and other parties. The course will examine in detail the ethical and professional conduct issues and dilemmas that can arise for a lawyer in practice. The course also focuses on the legal profession and its commitment to pro bono and consider a lawyers role in assisting marginalised persons in accessing justice and the legal system.
Newcastle City Precinct
- Semester 1 - 2015
1. Identify professional conduct issues and apply the relevant professional conduct rules, principles and case law and to take action which complies with those professional conduct rules and principles
2. Identify and avoid any potential or actual conflict of interest and take action to deal with a conflict which has arisen
3. Demonstrate thorough knowledge of the law and the regulatory framework governing lawyers in relation to ethical and professional conduct issues and their cost disclosure requirements
4. Critically examine the role of the legal profession and its service to the public
5. Identify the values of the profession and a student's own values and the potential conflicts and tensions between those sets of values
6. Critically evaluate and reflectively engage with legal ethics and professional conduct issues and critically evaluate the institutional framework for regulating the legal profession
7. Apply the legislation, rules and case law to professional conduct problems in a problem based learning context
8. Apply the principles governing costs disclosures and costs agreements in legal practice and to have the knowledge, skills and the appropriate values to comply with the rules applying to the charging of legal fees
9. Identify and critically analyse the wider issues in legal practice including the importance of pro bono contributions by the legal profession, acting as an advocate for the just rule of law, critically evaluating the barriers that some people face in accessing justice and the legal system and respond to demands for reform in an analytical and public-spirited fashion.
10. Conduct high-level research, explore primary and secondary materials, and provide critical analysis of problems and questions.
- Overview of Professional Regulation
- The Changing Nature of Legal Practice
- Access to justice, Legal Aid, Pro Bono work and Social Justice
- Regulation of Admission to the Legal Profession; Disclosure
- Practising law; Solicitors and Barristers
- Lawyers' Duty to Client
- Client Capacity
- Conflict of Interest; Information Barriers
- Lawyers' Duty to the Court and to the Administration of Justice
- Lawyers' Duty to Other Lawyers, the Public and to Others
- Prosecutors and Defence Lawyers' duties and obligations
- Barristers and Advocates Immunity
- Judicial Bias
- Lawyers and the Media
- Discipline Professional Misconduct and Unsatisfactory Professional Conduct, conduct in practice and conduct outside of practice, the role of the NSW Administrative Decisions Tribunal and the Supreme Court of NSW, penalties and striking off
- The role of the Ethics Section of the Law Society of New South Wales and the Office of the Legal Services Commissioner NSW
Retainer, Costs Disclosure and Agreement, Lien
This course replaces the following course(s): . Students who have successfully completed are not eligible to enrol in LAWS4007.
LAWS1001A, LAWS1001B, LAWS1002A, LAWS1002B, LAWS2003A, LAWS2003B, LAWS3004A, LAWS3004B, LAWS3005
Essay: Essay *
In Term Test: On-line exam
Formal Examination: Formal Examination
Participation: Tutorial Participation
* This assessment has a compulsory requirement.
In order to pass this course, each student must complete ALL of the following compulsory requirements:
Course Assessment Requirements:
- Essay: Pass Requirement - Students must pass this assessment item to pass the course. - Irrespective of a student¿s mark in the course, if a student has achieved overall marks greater than 50% in the course but has failed to satisfactorily complete the compulsory course component then a zero mark and fail grade (FF) will be recorded on their transcript.
Face to Face On Campus 2 hour(s) per Week for Full Term
Face to Face On Campus 1 hour(s) per Week for 6 Weeks