LAW5125 - Lawyers ethics and society 506

Leader: Semester Two: Adrian Evans

Offered

Clayton First semester 2007 (Day)
Clayton Second semester 2007 (Day)
Clayton Summer semester B 2007 (Day)

Synopsis

History, organisation, education, functions and regulation of barristers and solicitors in Victoria and elsewhere. Reform issues. The nature and significance of a profession. Independence of courts and lawyers. The changing face of dispute resolution, the cost of justice and different modes of legal service delivery. Standards of professional conduct, complaints and disciplinary procedures. Ethical rules and moral values. The subject meets the requirements of the Council of Legal Education for admission to practice in Victoria in the area of 'professional conduct' (including basic trust accounting).

Objectives

Students successfully completing this unit should

1. have an understanding of the legal profession in its historical and societal contexts and issues surrounding the regulation of the profession;
2. be able to analyse critically the role of the lawyer in the Australian legal system with reference to questions such as the independence of courts and lawyers, the adversarial nature of the system, dispute resolution, the cost of justice and different modes of legal service delivery;
3. have examined and understood the concept of trust in the lawyer-client relationship;
4. have developed skills in recognising and distinguishing types of professional and personal conduct and questions of moral, ethical and legal obligation;
5. have developed skills in applying the law of contract and torts in relation to lawyer-client duties, breaches and remedies; and
6. have enhanced skills in critical analysis and presentation of argument.

Assessment

Trust accounting test (1 hour): 20%
Research assignment (2000 words): 30%
Examination (1.5 hours writing time plus 30 minutes reading and noting time): 50% OR Trust accounting test (1 hour): 20%
Examination (2.5 hours writing time plus 30 minutes reading and noting time): 80% [Please note: students who wish to be admitted to legal practice in Victoria via Articles of Clerkship must obtain a pass in the trust accounting class test.]

Contact hours

Three hours of lectures per week and one hour tutorial every four weeks

Prerequisites

LAW1100 or LAW1101 and LAW1102; LAW2100 or LAW2101 and LAW2102; LAW2200 or LAW2201 and LAW2202