Authorised by Academic Registrar, April 1996
Objectives Students successfully completing this subject 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.
Synopsis History, organisation, education, functions and regulation of barristers and solicitors in Victoria and elsewhere. Proposals for reform. The nature of a profession. Types and styles of legal practice. Lawyers and judges in the adversary system and issues of independence, accountability and the cost of the administration of justice. Public access to legal services and the courts, dispute resolution and the lawyer's role. Questions of monopoly, advertising, specialisation and competition. The handling of complaints and disciplinary procedures. Ethical responsibilities. 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).
Assessment Written research assignment (5000 words): 50% and final examination (2 hours): 50% or final examination (3.5 hours): 100%