The civil liability of lawyers (6 points)
(LAW)
Leader: T.B.A.
Offered:
Not offered in 2004.
Synopsis:
Objectives: Upon completion of this subject, students should: (a) be able to identify and define the principal causes of action that may arise between legal practitioners, clients and third parties; (b) have advanced their understanding of the principles of negligence, contract and equity and their interaction with federal and state legislation applicable to relationships between legal practitioners, clients and third parties; (c) have acquired an understanding of concurrent liability and remedies in professional negligence actions involving legal practitioners; (d) have developed a further understanding of relevant civil procedure and be able to draw basic pleadings in professional negligence actions involving legal practitioners; (e) have acquired a detailed understanding of the contract of professional indemnity insurance and procedures adopted by insurers and legal practitioners when defending professional negligence actions involving legal practitioners; (f) have acquired a general understanding of the relationship between legal practitioners' liability and the wider regulatory contexts of legal ethics, client complaints, professional conduct and statutory obligations; (g) be able to distinguish between transactions giving rise to legal practitioners' civil liability and those giving rise to disciplinary offences; (h) be able to develop strategies for resolving problems in this area without litigation and/or trial; and(i) have further developed legal research and writing and legal argument skills by undertaking systematic research into legal policy or rules in selected areas.
Assessment: Research assignment (3750 words): 50% + Take home examination (3000 words): 40% + Class participation: 10%
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