LAW7216

Current issues in the regulation of the legal profession

Mr J Barravecchio and Associate Professor G Powles

Two 2-hour seminars per week over six weeks
* Second semester
* City

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.

Synopsis This subject explores the general principles of professional negligence and their application in the context of the rapidly changing environment of lawyers' liability. The subject commences with an examination of the relationship between legal practitioners, their clients and third parties. Accordingly, a close analysis of the principles of negligence, contract and equity and their interaction with federal and state legislation is undertaken. Concurrent liability and appropriate remedies in these areas are examined. The contract of professional indemnity insurance and its operation are analysed. A study of relevant civil procedure, including pleadings, discovery and the trial in the area of professional negligence is also undertaken, together with consideration of negotiation and mediation strategies aimed at avoiding further litigation. Issues of the regulation of client complaints, professional conduct and legal ethics are considered in the context within which the principal areas of civil liability are examined. The subject focuses on practical exercises which will require students to solve problems and draw pleadings in professional negligence cases.

Assessment Research paper (5000 words) on a topic to be approved: 50%
* Class participation/presentation: 10%
* Take-home examination: 40%

Texts

Dal Pont B E Lawyers' professional responsibility in Australia and New Zealand LBC Information Services, 1996
Evans H Lawyers' liabilities Sweet and Maxwell, 1996
Massel G R Professional negligence of lawyers, accountants, bankers and brokers 2nd edn, CCH, 1989
Legal Practice Act 1996 (Vic.)