LAW7216

The civil liability of lawyers ( 6 points, SCA Band 3, 0.125 EFTSL)

Leader: T.B.A.

Offered:
Not offered in 2005.

Synopsis: The general principles of professional negligence; examination of the relationship between legal practitioners, their clients and third parties; analysis of the principles of negligence, contract and equity and their interaction with federal and state legislation; concurrent liability and appropriate remedies in these areas. The contract of professional indemnity insurance and its operation; relevant civil procedure, including pleadings, discovery and the trial in the area of professional negligence; consideration of negotiation and mediation strategies aimed at avoiding further litigation; the regulation of client complaints, professional conduct and legal ethics.

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%