Professional Legal Conduct

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Abstract

This subject examines critically the nature of the legal profession and its role in society. In particular, it introduces students to skills of ethical problem solving within the context of professional practice, and the regulations and standards that govern them. A significant component of the subject covers discrete problems of legal ethics such as confidentiality, access to justice, truth in the adversarial system, conflicts of interest and relationships between lawyers, clients and the community. Students are also introduced to the principles of trust accounting.

Syllabus

The ethical framework (personal morals, values and attributes, theories of ethics, and legal professionalism)History and changing status of the legal professionStructure, regulation, and discipline of the legal profession in NSW and AustraliaAccess to justiceRole of the lawyer, introduction to professional duties and rules (legal, equitable, professional and ethical)Confidentiality, conflict of … For more content click the Read More button below.

The ethical framework (personal morals, values and attributes, theories of ethics, and legal professionalism)
History and changing status of the legal profession
Structure, regulation, and discipline of the legal profession in NSW and Australia
Access to justice
Role of the lawyer, introduction to professional duties and rules (legal, equitable, professional and ethical)
Confidentiality, conflict of interests and privilege
Duties to the court and others
Alternatives to the adversarial system: negotiation and Alternative Dispute Resolution
Lawyer's accountability (complaints, breaches and remedies)
Trust accounting
The legal requirements for dealing with trust property
The recording requirements for trust accounts and other trust dealings, including methods of maintaining trust accounts
Provisions for governing the handling of trust money and other trust property
Legislation concerning identification of trust moneys, and regulations or rules relating to trust accounting
Breach of trust

Enrolment restrictions

Bachelor of Laws and the Bachelor of Laws/Criminal Justice students only.

Pre-requisite

Learning activities

LAW309