Monash University Handbook 2011 Undergraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Synopsis

Topics include: history, organisation, education, functions and regulation of lawyers in Victoria and elsewhere; reform issues; nature and significance of a profession; independence of courts and lawyers; changing face of dispute resolution; the cost of justice and different modes of legal service delivery; standards of professional conduct including basic trust accounting, complaints and disciplinary procedures; ethical rules and moral values, with a particular emphasis on identifying and resolving ethical issues. The unit 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

Summer: Research assignment (compulsory)(2400 words): 30%
Examination (70%) - 2.5 hours writing, 30 minutes reading and noting
Semester 1: Two ten-minute roleplays on ethics and client communication: 10%; research assignment (compulsory) 2000 words: 40%; take-home examination (2,500 word): 50%
Semester 2: Research assignment (compulsory) 2000 words: 40% and examination (60%) - 2.5 hours plus 30 minutes reading and noting time

Chief examiner(s)

Mr Simon Smith (First Semester)
Associate Professor Gaye Lansdell (Second Semester)
Associate Professor Gaye Lansdell (Summer Semester)

Contact hours

Semester 1: three hours of lectures per week and one hour tutorial every four weeks.
Semester 2, 2010: six hours of lectures per week, commencing in Week 7 of semester.

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104; LAW2100 or LAW2101 and LAW2102; LAW2200 or LAW2201 and LAW2202