Available in 2024
Course code

LAWS6011

Units

10 units

Level

6000 level

Course handbook

Description

Professional Conduct critically examines and analyses the role of the legal profession and the specialised legal, ethical and professional conduct duties and professional responsibilities of lawyers. Students will critically evaluate the history, structure and regulation of the legal profession before analysing and evaluating the admission requirements to the legal profession. The course identifies and critically analyses the specialised concepts, principles, duties and obligations of a lawyer to the courts, clients, other legal practitioners, the public and other parties. The course will critically examine complex ethical and professional conduct issues, concepts, problems and dilemmas that can arise for a lawyer in practice including in the area of law and technology. The course also identifies and critically analyses the role of the legal profession and its commitment to social justice, pro bono and promoting justice and human rights in the community.


Availability2024 Course Timetables

Newcastle City Precinct

  • Semester 1 - 2024

Learning outcomes

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

1. Identify, analyse and synthesise professional conduct rules and case law and to take action which complies with those professional conduct rules and principles.

2. Demonstrate specialised technical knowledge of professional conduct law and the regulatory framework governing lawyers in relation to their ethics and professional conduct.

3. Engage reflectively with legal ethics and professional conduct issues and critically evaluate the institutional framework for regulating the legal profession. This will include analysis of how technology is changing the legal sector and the lawyer's ethical duties in connection with the use of technology.

4. Apply, interpret and critically examine the legislation, rules and case law to complex professional conduct problems in a problem based learning context; be able to effectively communicate, both verbally and in writing, in complex professional conduct issues, principles and concepts.

5. Demonstrate high level personal autonomy, expert judgment and accountability in dealing with specialised and complex professional conduct issues, dilemmas principles and concepts.


Content

The topics in this course include:

  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;
  4. Lawyers’ Duty to the Client
  5. Conflict of Interest;
  6. Lawyers’ Duty to the Court
  7. Witnesses
  8. Lawyers’ Duty to Other Lawyers, the Public and to Others
  9. Prosecutors and Defence Lawyers’
  10. Discipline, Professional Misconduct and Unsatisfactory Professional Conduct,
  11. Retainer, Costs Disclosure and Agreement, Lien
  12. Technology and the law

Requisite

Students must be active in either the

Juris Doctor/Grad Dip Legal Practice program [12334];

Juris Doctor [50016];

or the Master of Laws [12333]


Assumed knowledge

LAWS6000 Legal System and Method I


Assessment items

Written Assignment: Take Home Examination

Essay: Essay

Quiz: On-Line Quizzes


Contact hours

Semester 1 - 2024 - Newcastle City Precinct

Online Activity-1
  • Online 0.5 hour(s) per week(s) for 12 week(s) starting in week 1
  • Online Lecture of 30 minutes per Week
Seminar-1
  • Face to Face On Campus 2 hour(s) per week(s) for 13 week(s) starting in week 1

Course outline