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LAW5312 Advanced Lawyers' Ethics

Interim Trimester 1, 2023 Online
Units : 1
School or Department : School of Law and Justice
Grading basis : Graded
Course fee schedule : /current-students/administration/fees/fee-schedules

Staffing

Course Coordinator:

Requisites

Pre-requisite: LAW5224 and (LAW5127 or LAW5212)

Overview

This is a core course in the Juris Doctor program. It is approved by the Legal Profession Admissions Board (Qld) and the Chief Justice of Queensland as meeting the ethics and professional responsibility area of knowledge under the Supreme Court (Admission) Rules 2004 (Qld) and therefore includes the various pertinent rules concerning a practitioner’s duty to the law, the Courts, clients and fellow practitioners, and a basic knowledge of the principles relating to the holding of money on trust.

The course deals with the various pertinent rules concerning a practitioner's duty to the law, the Courts, clients and fellow practitioners, and a basic knowledge of the principles relating to the holding of money on trust. It looks at the nature of legal practice, and involves further study of philosophies of applied ethics in legal practice. It includes skills exercises in letter drafting, and accounting for client money. Topics studied include the regulation of the legal profession; admission and discipline; engagement; billing; and responsibilities in relation to client money; the conduct of litigation and advocacy; competence and careful practice; confidences; and loyalty to clients. It also deals with civility and courtesy in dealings with clients and other lawyers.

Course learning outcomes

On successful completion of this course students should be able to demonstrate the following outcomes:

  1. Demonstrate [explain and apply] an advanced and integrated understanding of a complex body of knowledge of ethics and professional responsibility and underlying principles and concepts; and the principles and values of ethical practice in lawyers’ roles (PO1/TLO1).
  2. Demonstrate an advanced and integrated understanding of approaches to ethical decision-making [explain, apply and evaluate]; an ability to recognise and reflect upon (and a developing ability to respond to) ethical issues likely to arise in professional contexts; an ability to recognise and reflect upon the professional responsibilities of lawyers in promoting justice and in service to the community; and a developing ability to exercise professional judgment (PO2/TLO2).
  3. Identify and articulate complex legal issues relating to ethics and professional responsibility; apply legal reasoning and research to generate appropriate jurisdictional and practical responses to those legal issues; engage in critical analysis and make reasoned and appropriate choices amongst alternatives; and demonstrate sophisticated cognitive and creative skills in approaching those legal issues and generating appropriate responses (PO3/TLO3).
  4. Demonstrate the intellectual and practical skills needed to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions relating to ethics and professional responsibility, as well as to identify, research, evaluate and synthesise relevant factual, legal, and policy issues relating to ethics and professional responsibility (PO4/TLO4).
  5. Communicate in ways that are effective, appropriate and persuasive for legal and non-legal audiences (PO5/TLO5).

Topics

Description Weighting(%)
1. Professional and personal conduct in respect of a practitioner’s duty:
To the law [Admission Rules 11(a)].
30.00
2. Professional and personal conduct in respect of a practitioner’s duty:
To the Courts [Admission Rules 11(b)].
20.00
3. Professional and personal conduct in respect of a practitioner’s duty:
To clients, including a basic knowledge of the principles relating to the holding of money on trust [Admission Rules 11(c)]; and
40.00
4. Professional and personal conduct in respect of a practitioner’s duty:
To fellow practitioners [Admission Rules 11(d)].
10.00

Text and materials required to be purchased or accessed

Mortensen, R 2017, Client money: trust account management for Australian lawyers, LexisNexis, Sydney, New South Wales.
Parker, C & Evans, A 2018, Inside lawyers' ethics, 3rd edn, Cambridge ¾«¶«´«Ã½app Press, Port Melbourne, Victoria.

Student workload expectations

To do well in this subject, students are expected to commit approximately 10 hours per week including class contact hours, independent study, and all assessment tasks. If you are undertaking additional activities, which may include placements and residential schools, the weekly workload hours may vary.

Assessment details

Approach Type Description Group
Assessment
Weighting (%) Course learning outcomes
Assignments Written Problem Solving 1 No 20 1,2,3,4
Assignments Written Essay No 40 1,2,3,4,5
Assignments Written Problem Solving 2 No 40 1,2,3
Date printed 9 February 2024