Problems 1 - 6

Reading: Prescribed Text Book: Isaiah Ross, Lawyers' Responsibility in Australia (LexisNexis Butterworths, 6th ed, 2014) described after this as Ross

Ross Ch 1, 2, 3

The law is regulated as a profession, but nevertheless operates within a wider ethical environment.

After studying this topic you should be able to:

• Critically evaluate the meaning of the assertion that the law is a profession;
• Locate and critique the sources of the rules of legal ethics governing the profession in Queensland;
• Discuss the major themes of contemporary debates about legal ethics and professional responsibility; and
• Articulate a variety of approaches to questions of legal ethics and professional responsibility.

Problems 7 - 8

Reading:

Ross Ch 4, 5

The law is an ancient profession whose structure and regulation reflect its historical roots. After studying this topic you should be able to:

• Outline the history of the legal profession in Queensland;
• Assess the changes achieved by the Legal Profession Act 2007 (Qld) as they impact on the structure of the legal profession in Queensland;
• Explain the role of the Queensland Law Society, the Bar Association of Queensland, and the Law Council of Australia as legal professional organizations;
• Explain the role of the National Judicial College;
• Examine contemporary regulatory reform;
• Discuss the arguments for and against self-regulation; and
• Discuss the advantages and disadvantages of formal national accreditation schemes.

Problems 9 - 11

Reading: Ross Ch 6

Mary Wyburn, 'Disclosure of prior student academic misconduct in admission to legal practice: Lessons for universities and the courts' (2008) 8(2) QUTLJ 314-341.

Law is not a free market. There are considerable barriers to entry for those seeking admission to the profession. After studying this topic you should be able to:

• Evaluate the arguments for and against the licensing of legal practitioners;
• Explain the nature and source of restrictions on entry to the legal profession in Queensland; and
• Criticise the manner in which the requirement that an applicant must be of good fame and character has been applied.

Problems 12 - 16

Reading: Gino Dalpont, Lawyers' Professional Responsibility, (Thomson Reuters, 6th ed, 2016) Ch 14-16 (extracts available on Moodle)

Costs and Liens

Nominate Groups for Client Interview by Monday 30th March 2020

Problems 22 - 25

Reading: Ross Ch 7

This topic is concerned with exploring the disciplinary processes associated with breaches of ethical rules. While the objective of the disciplinary process is to protect the public, those practitioners on the wrong end of the process feel they are being punished. Misconduct can arise under statute and the common law. We will examine both categories as well as potential mitigating factors.

This topic will also explore the structure and operation of the disciplinary systems in place in Queensland together with reform proposals.

After studying this topic you should be able to:

• Outline the current position and historical evolution of the power to discipline the legal profession in Queensland;
• Canvass the problems that arise in attempting to define standards of conduct, the breach of which will justify the exercise of disciplinary powers;
• Critically evaluate the procedures which can be utilised to initiate disciplinary action; and
• Appreciate the nature of disciplinary proceedings.

Quiz 1 - 20%

Weeks 1 - 5

Available Sunday 19th April at midday 12.00pm (Qld time) until 11.55pm (23.55) Monday 20th April 2020

Quiz is available during this period to complete

Problems 26 - 27

Reading: Ross Ch 8.

The nature of the legal profession is changing from a 'service ideal to one based on business imperatives'. The Australian Law Reform Commission, Managing Justice, A Review of the Federal Civil Justice System, Report No. 89 (2000) 3.22 suggests that this change is based on the needs of a changing business environment, competition policy and new technology. The report also makes reference to the extent of adversarialism present even before students begin law school. The Commission hopes that education may play a critical part in changing and improving legal culture, legal practice and dispute resolution. These comments will be equally relevant to our study of the Adversarial System.

The business imperative directly impacts on the duty of representation. Would you be prepared to represent a repugnant client, the consequence of which may be public distain and professional isolation? Would it be fair or just that such clients have no representation in the context of our adversarial system? When can you or your client terminate a retainer contract? What are the implications that flow from termination?

After studying Topic 6 you should be able to:

• Outline the rules governing the question of whether a legal practitioner can decline to accept a case;
• Appreciate the ethical dimensions of the problem posed by unpopular and repugnant clients;
• Compare and contrast the rules that inhibit lawyers from withdrawing from a case once accepted with the rules that give clients the right to choose and to dismiss lawyers; and
• Assess the claim that there has been a shift in legal professional practice from a "service” ideal to a perspective based on business imperatives.

Quiz 1 to be completed by 11.55pm (23.55) (Qld TIme) Monday 20th April 2020

Problems 28 - 31

Reading: Ross Ch 9.

This topic is concerned with the duty of practitioners to communicate with their clients and seek instructions. We will consider the roles of lawyers and their clients in making decisions concerning the solution to a legal problem. Emphasis will be placed on dealing with offers of settlement, guilty pleas and clients with disabilities.

After studying Topic 7 you should be able to:

• Outline three models of control of the lawyer-client relationship and discuss the advantages and disadvantages of each;
• Identify three legitimate expectations that clients of legal practitioners normally possess;
• Define and appraise the parameters of the legal practitioners obligation (a) to inform and advise, and (b) to obey;
• Identify the particular problems that lawyers representing disadvantaged clients might face; and
• Consider problems that may arise from counsel's inexperience.

Problem 32

Reading: Ross Ch 9.

This topic considers the issue of competence and care by examining ethical duties, contractual and tortious liability, and liability under consumer legislation. The immunity doctrine and how this operates to limit liability for advocates will be examined, as will professional indemnity insurance. Finally we will consider the concepts of confidentiality and privilege.

After studying this topic you should be able to:

• Explain the grounds upon which a legal practitioner can be held to be liable for damages arising out of the incidents of legal practice;
• Discuss the development of the law relating to advocate's immunity and assess the current standing of the doctrine;
• Outline the requirements of Part 3.5 of the Legal Profession Act 2007 (Qld) relating to indemnity insurance;
• Explain the functions of solicitors' fidelity funds and the role of the Law Society in administering these funds; and
• Explain whether barristers need professional indemnity insurance.

Creative Challenge Due Tuesday 5th May 2020 at 11.55pm (23.55) (Qld Time) - 40%

Reading: (available through Moodle)    

Helen Carr, Sarah Carter and Kirsty Horsey, Skills for Law Students, (Oxford, 2009) Ch 31.
Ross Hyams, Susan Campbell and Adrian Evan, Practical Legal Skills (Oxford, 3rd ed, 2011) Ch 2.

This is a practical skills module designed to develop your client interviewing skills. We will look at:

• Planning and preparing for a client interview;
• Commencing an interview;
• Gathering facts through narrative;
• Exploring options;
• Concluding the interview; and 
• Following up the interview.

After studying this topic you should be able to:

• Prepare and conduct a client interview;
• Document the facts from a client interview; and
• Critically evaluate your ethical obligations in relation a client interview.
  

Problems 33 - 35

Reading: Ross Ch 11.

Legal Practitioners owe a duty to maintain client confidentiality. Clients must feel confident that what they tell their lawyers will not be passed on to anyone else.

After studying this topic you should be able to:

• Identify five ways in which ethical problems can arise out of the legal practitioner's duty of disclosure;
• Articulate and apply the duty of confidence as expressed in the barristers' and Solicitors' rules;
• Identify the five situations which may justify disclosure of client confidential information; and
• Apply the principles of Legal Professional Privilege.
  
  

Conduct client interviews by Monday 18th May 2020 - 20%

Problems 36 - 37

Reading: Ross Ch 12.

Conflicts of interest are a major source of complaints against lawyers and often result in disciplinary action. Conflicts arise in many situations including where:

• The financial interests of both the lawyer and client conflict;
• A lawyer acts for both parties to a transaction;
• A lawyer is called as a witness; and
• A lawyer opposes a former client.

After studying this topic you should be able to:

• Appreciate the role of, and limitations on, informed consent as a solution to problems of loyalty;
• Critically evaluate the Australian approach to problems of concurrent representation; and
• Discuss the position of the legal practitioner where someone other than the person confronted by the legal problem pays legal fees.

Monday 25th May 2020 - Written Reflection Due on Client Interview - 20%

Problems 38 - 42

Reading: Ross Ch 13, 14, 15

This topic is concerned with the question of what is meant by justice and access to justice. We will look at:

• The nature of the adversarial system in terms of its purpose and its key players.
• The role of the courts in our common law system: is that role a search for truth, or a search for justice based on the evidence presented by each side? This highlights the difference between our own system of justice and the inquisitorial system that is much more judicially pro-active. These differences are reflected in the role of the judge and the role of the advocate in the adversary system.
• The professional rules which regulate the activities of lawyers in terms of the litigation and prosecution of cases and in turn the role of the lawyer in the due administration of justice. This duty of the lawyer has often been described in terms of the duty of fairness and candour. We will look at these issues in terms of the duties of fairness and candour in negotiation; Diligence and the obligation not to cause unreasonable expense and delay in the litigation;
• The obligation not to interfere with witnesses or their evidence;
• The giving of undertakings to a court; and
• The situation where a client confesses guilt.

After studying this topic you should be able to:

• Understand how the Legal Profession Act 2007 (Qld) makes the Competition and Consumer Act 2010 (Cth) applicable to legal practitioners in Queensland;
• Assess the arguments for and against imposing a duty of fairness and candour in negotiations on legal practitioners;
• Understand the approach adopted in relation to the pursuit of hopeless cases;
• Outline the limitations the Queensland Barristers' Rules place on arguments that advance unsupported or irrelevant allegations;
• Critically evaluate the proposition that there is a relevant difference between failure to proffer relevant material and proffering false material; and
• Explain the position taken by the courts on the use of tricks to present or discredit testimony.

Quiz 2 (weeks 6 - 12 excluding practical skills module) - 20%

Sunday 7th June 2020 test is made available at midday 12.00pm (Qld Time) to complete by Monday 8th June 2020 11.55pm (23.55) (Qld Time)

Quiz is available during this period to complete

Quiz 2 is due on Monday 8th June 2020 at 11.55pm (23.55) (Qld Time)