LAWS4007Professional Conduct

Course handbook

Description

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 including in the area of law and technology. The course also focuses on the legal profession and its commitment to pro bono and social justice and considers a lawyer’s role in assisting marginalised persons to access justice and pursue human rights.

Availability2024 Course Timetables

Learning outcomes

On successful completion of the course students will be able to:

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. Critically evaluate and reflectively engage with legal ethics and professional conduct issues and critically evaluate the institutional framework for regulating the legal profession

6. Apply the legislation, rules and case law to professional conduct problems in a problem based learning context

7. 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.

8. Conduct high-level research, explore primary and secondary materials, and provide critical analysis of problems and questions.

Content

1. Overview of Professional Regulation
2. Access to justice, Legal Aid, Pro Bono work and Social Justice
3. Regulation of Admission to the Legal Profession; Disclosure
4. Lawyers' Duty to Client
5. Conflict of Interest; Information Barriers
6. Lawyers' Duty to the Court and to the Administration of Justice
7. Witnesses
8. Lawyers' Duty to Other Lawyers, the Public and to Others
9. Prosecutors and Defence Lawyers' duties and obligations
10. Discipline Professional Misconduct and Unsatisfactory Professional Conduct
11. Retainer, Costs Disclosure and Agreement, Lien  
12. Technology and the Law

Requisite

This course is only available to students enrolled in the programs:

[12340] Bachelor of Arts/Bachelor of Laws (Honours)

[12341] Bachelor of Social Science/Bachelor of Laws (Honours)

[12342] Bachelor of Communication/Bachelor of Laws (Honours)

[12343] Bachelor of Aboriginal Professional Practice/Bachelor of Laws(Honours)

[12346] Bachelor of Science/Bachelor of Laws (Honours)

[12347] Bachelor of Laws (Honours)/Diploma of Legal Practice

[12348] Bachelor of Laws (Honours)

[40036] Bachelor of Business/Bachelor of Laws (Honours)

[40037] Bachelor of Commerce/Bachelor of Laws (Honours)

[40129] Bachelor of Innovation and Entrepreneurship/Bachelor of Laws (Honours)

[40130] Bachelor of Development Studies/Bachelor of Laws (Honours)

[40150] Bachelor of Arts/Bachelor of Laws (Honours)

[40188] Bachelor of Global Indigenous Studies/Bachelor of Laws (Honours)

[40189] Bachelor of Science/Bachelor of Laws (Honours)

[40272] Bachelor of Criminology/Bachelor of Laws (Honours)

[40279] Bachelor of Coastal and Marine Science/Bachelor of Laws (Honours)

[40280] Bachelor of Biomedicine/Bachelor of Laws (Honours)

[40290] Bachelor of Psychological Science/Bachelor of Laws (Honours)

[50005] Bachelor of Media and Communication/Bachelor of Laws (Honours)

Assumed knowledge

LAWS1010, LAWS1011, LAWS1020, LAWS1021, LAWS2030, LAWS3040, and LAWS3041.

Assessment items

Essay: Essay
Compulsory Requirement: Pass requirement - Must pass this assessment item to pass the course.

Written Assignment: Examination: Take Home Examination

Quiz: Online Quiz

Contact hours

Semester 1 - 2024 - Newcastle City Precinct

Course outline

• LAWS4007 - Semester 1, 2024 (Ncle) (PDF, 257.7 KB)