CQUniversity Unit Profile
LAWS13013 Legal Professional Conduct
Legal Professional Conduct
All details in this unit profile for LAWS13013 have been officially approved by CQUniversity and represent a learning partnership between the University and you (our student).
The information will not be changed unless absolutely necessary and any change will be clearly indicated by an approved correction included in the profile.
General Information

Overview

LAWS13013 Legal Professional Conduct examines professional and personal conduct in respect of a practitioner’s duty to the law, the courts, clients and fellow practitioners. As part of the duty to clients this unit provides a basic knowledge of the principles relating to the holding of money on trust. This unit meets the LPAB requirements for ethics and professional responsibility.

Details

Career Level: Undergraduate
Unit Level: Level 3
Credit Points: 6
Student Contribution Band: 10
Fraction of Full-Time Student Load: 0.125

Pre-requisites or Co-requisites

Pre-requisites: LAWS11059, LAWS11066, LAWS11069, LAWS12078.

Important note: Students enrolled in a subsequent unit who failed their pre-requisite unit, should drop the subsequent unit before the census date or within 10 working days of Fail grade notification. Students who do not drop the unit in this timeframe cannot later drop the unit without academic and financial liability. See details in the Assessment Policy and Procedure (Higher Education Coursework).

Offerings For Term 1 - 2024

Online

Attendance Requirements

All on-campus students are expected to attend scheduled classes - in some units, these classes are identified as a mandatory (pass/fail) component and attendance is compulsory. International students, on a student visa, must maintain a full time study load and meet both attendance and academic progress requirements in each study period (satisfactory attendance for International students is defined as maintaining at least an 80% attendance record).

Class and Assessment Overview

Recommended Student Time Commitment

Each 6-credit Undergraduate unit at CQUniversity requires an overall time commitment of an average of 12.5 hours of study per week, making a total of 150 hours for the unit.

Class Timetable

Bundaberg, Cairns, Emerald, Gladstone, Mackay, Rockhampton, Townsville
Adelaide, Brisbane, Melbourne, Perth, Sydney

Assessment Overview

1. Written Assessment
Weighting: 40%
2. Online Quiz(zes)
Weighting: 40%
3. Practical Assessment
Weighting: 20%

Assessment Grading

This is a graded unit: your overall grade will be calculated from the marks or grades for each assessment task, based on the relative weightings shown in the table above. You must obtain an overall mark for the unit of at least 50%, or an overall grade of 'pass' in order to pass the unit. If any 'pass/fail' tasks are shown in the table above they must also be completed successfully ('pass' grade). You must also meet any minimum mark requirements specified for a particular assessment task, as detailed in the 'assessment task' section (note that in some instances, the minimum mark for a task may be greater than 50%). Consult the University's Grades and Results Policy for more details of interim results and final grades.

Previous Student Feedback

Feedback, Recommendations and Responses

Every unit is reviewed for enhancement each year. At the most recent review, the following staff and student feedback items were identified and recommendations were made.

Feedback from UC

Feedback

To refresh the weekly tutorial materials in order to ensure that they are authentic and simulate problems in practice.

Recommendation

This will be done.

Feedback from UC

Feedback

To provide greater guidance on useful feedback.

Recommendation

This will be done.

Unit Learning Outcomes
On successful completion of this unit, you will be able to:
  1. Analyse, evaluate and critique the legislation and rules regulating professional and personal conduct in respect of a practitioner’s duty to the law, the courts, clients and fellow practitioners
  2. Research and design an ethical problem and solution which involves content from an international jurisdiction.
  3. Formulate solutions to ethical issues involved with client interviewing and trust accounts
Alignment of Learning Outcomes, Assessment and Graduate Attributes
N/A Level
Introductory Level
Intermediate Level
Graduate Level
Professional Level
Advanced Level

Alignment of Assessment Tasks to Learning Outcomes

Assessment Tasks Learning Outcomes
1 2 3
1 - Written Assessment - 40%
2 - Online Quiz(zes) - 40%
3 - Practical Assessment - 20%

Alignment of Graduate Attributes to Learning Outcomes

Graduate Attributes Learning Outcomes
1 2 3
1 - Communication
2 - Problem Solving
3 - Critical Thinking
4 - Information Literacy
5 - Team Work
6 - Information Technology Competence
7 - Cross Cultural Competence
8 - Ethical practice
9 - Social Innovation
10 - Aboriginal and Torres Strait Islander Cultures
Textbooks and Resources

Textbooks

Prescribed

Ethics, Professional Responsibility and Legal Practice

Edition: 1st (2017)
Authors: Peter MacFarlane and Ysaiah Ross
LexisNexis Butterworths
Chatswood Chatswood , NSW , Australia
ISBN: 9780409344080
Binding: Paperback

IT Resources

You will need access to the following IT resources:
  • CQUniversity Student Email
  • Internet
  • Unit Website (Moodle)
  • Zoom (both microphone and webcam capability)
Referencing Style

All submissions for this unit must use the referencing style: Australian Guide to Legal Citation, 4th ed

For further information, see the Assessment Tasks.

Teaching Contacts
Nichola Corbett-Jarvis Unit Coordinator
n.corbett-jarvis@cqu.edu.au
Andrea Turner Unit Coordinator
a.turner3@cqu.edu.au
Angelo Capuano Unit Coordinator
a.capuano@cqu.edu.au
Schedule
Week 1 Begin Date: 04 Mar 2024

Module/Topic

Accountability and Responsibility

Chapter

Peter MacFarlane and Ysaiah Ross, Ethics Professional Responsibility and Legal Practice (Lexis Nexis, 1st ed, 2017) Ch 1.

 

Events and Submissions/Topic

Week 2 Begin Date: 11 Mar 2024

Module/Topic

History, Structure and Regulation

Chapter

Peter MacFarlane and Ysaiah Ross, Ethics Professional Responsibility and Legal Practice (Lexis Nexis, 1st ed, 2017) Ch 2.

Events and Submissions/Topic

Week 3 Begin Date: 18 Mar 2024

Module/Topic

Admission

Chapter

· Peter MacFarlane and Ysaiah Ross, Ethics Professional Responsibility and Legal Practice (Lexis Nexis, 1st ed, 2017) Ch 3.

· 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. https://lr.law.qut.edu.au/article/view/46 (checked 03/02/2023).

· Legal Profession Act 2009 (Qld) Ch 2.

Events and Submissions/Topic

Week 4 Begin Date: 25 Mar 2024

Module/Topic

Money Matters - Costs, Liens and Trust accounting

Chapter

· Gino Dal Pont, Lawyers’ Professional Responsibility in Australia and New Zealand (7th ed, 2021) Ch 14-16 extracts (e-reading)

· Legal Profession Act 2007 (Qld) Part 3.4

· Legal Profession Act 2007 (Qld) - Part 3.3.

· Legal Profession Regulation 2017 (Qld) - Part 3.3.

· Queensland Law Society, Trust Accounting Guide (checked 03/02/2023).

 

Events and Submissions/Topic

Nominate interview group (29/3/2024).

Week 5 Begin Date: 01 Apr 2024

Module/Topic

Discipline

Chapter

· Peter MacFarlane and Ysaiah Ross, Ethics Professional Responsibility and Legal Practice (Lexis Nexis, 1st ed, 2017) Ch 4.

Events and Submissions/Topic

Written assessment due 1/4/2024.


Admission application Due: Week 5 Monday (1 Apr 2024) 11:59 pm AEST
Vacation Week Begin Date: 08 Apr 2024

Module/Topic

Chapter

Events and Submissions/Topic

Week 6 Begin Date: 15 Apr 2024

Module/Topic

Duties of Representation

Chapter

Peter MacFarlane and Ysaiah Ross, Ethics Professional Responsibility and Legal Practice (Lexis Nexis, 1st ed, 2017) Ch 5.

Events and Submissions/Topic

Quiz 1 (19.4.2024)

Week 7 Begin Date: 22 Apr 2024

Module/Topic

Communication and Control

Chapter

Ysaiah Ross, Ethics in Law: Lawyers’ Responsibility and Accountability in Australia (Lexis Nexis, 6th ed, 2014) Ch 9  (e-reading).

Events and Submissions/Topic

Week 8 Begin Date: 29 Apr 2024

Module/Topic

Competence and Care

Chapter

MacFarlane and Ross, Ethics, Professional Responsibility and Legal Practice (Lexis Nexis, 2017), Ch 6.

Legal Profession Act 2007 (Qld) Parts 3.4, 3.5.

Events and Submissions/Topic

Week 9 Begin Date: 06 May 2024

Module/Topic

Client Interviewing

Chapter

Lise Barry (editor), Lawyers: Roles, Skills and Responsibilities, Lawbook Co, 2013 ch 3 (e-reading)


Curran, Liz and Tony Foley, ‘Integrating Two Measures of Quality Practice into Clinical and Practical Legal Education Assessment: Good Client Interviewing and Effective Community Legal Education’ (2014) 21(1) International Journal of Clinical Legal Education 69


Salinas, O.J., Effective Client Interviewing and Counseling (February 1, 2014). UNC Legal Studies Research Paper No. 2401119, Available at SSRN: https://ssrn.com/abstract=2401119 or http://dx.doi.org/10.2139/ssrn.2401119

Sherr, Avrom, ‘Lawyers and clients: The first meeting’ (1986) 49(3) Modern Law Review 323

Events and Submissions/Topic

Week 10 Begin Date: 13 May 2024

Module/Topic

Confidentiality

Chapter

MacFarlane and Ross, Ethics, Professional Responsibility and Legal Practice (Lexis Nexis, 2017) Ch 7.

Events and Submissions/Topic

Interviews to be completed by 17/5/2024.

Week 11 Begin Date: 20 May 2024

Module/Topic

Conflicts of Interest

Chapter

MacFarlane and Ross, Ethics, Professional Responsibility and Legal Practice (Lexis Nexis, 2017), Ch 8

Events and Submissions/Topic

Written reflection due 24/5/2024.


Client Interviewing Due: Week 11 Friday (24 May 2024) 11:59 pm AEST
Week 12 Begin Date: 27 May 2024

Module/Topic

The Adversarial System

Chapter

MacFarlane and Ross, Ethics, Professional Responsibility and Legal Practice (Lexis Nexis, 2017), Ch 9, 10.

Events and Submissions/Topic

Review/Exam Week Begin Date: 03 Jun 2024

Module/Topic

Chapter

Events and Submissions/Topic

Quiz 2 (6/6/2024).

Exam Week Begin Date: 10 Jun 2024

Module/Topic

Chapter

Events and Submissions/Topic

Assessment Tasks

1 Written Assessment

Assessment Title
Admission application

Task Description

This assessment is designed to assist you in preparing your application for admission as a
solicitor in Queensland. It also requires you to conduct a comparative analysis considering your ability
to be admitted in the State of California in the United States of America.


Why do we have a comparative laws element in our written assessment?
We live in a world of multiple jurisdictions where internationalisation is having a significant
impact on Australia legal practice. Law schools and tertiary regulators recognise that legal
education needs to be able to traverse multiple jurisdictions – see Internationalising the
Australian Law curriculum for enhanced global legal practice 2012 (checked 29.1.24)
Including comparative law elements within the law curriculum across the curriculum is known
as the integration approach. This assessment in LAWS13013 Legal Professional Conduct is an
example of this. California was chosen as it is a common jurisdiction where Australian lawyers
seek admission to the US bar.


Assessment Due Date

Week 5 Monday (1 Apr 2024) 11:59 pm AEST

Via Moodle.


Return Date to Students

Week 7 Monday (22 Apr 2024)

Via Moodle.


Weighting
40%

Assessment Criteria

Task-specific marking/assessment rubric
(Reference see: Assessment rubrics | The University of Edinburgh)

Criteria High Distinction –
Excellent 85-100%
Distinction – Very good
75-84%
Credit – Good 65-74% Pass – Satisfactory
50-64%
Fail – poor <50% (less
than)
Clarity, Presentation
and Communication - 10 marks
The language is advanced
and sophisticated. There
are almost no errors of
expression.
The language is clear.
The reflection is easy to read and follow. There are few errors of
expression.
Language is generally
clear but there are some parts which are hard to read. There are errors of expression which are
minor but frequent.
Language is not clear but it is still readable with some significant errors of expression. Language and grammar is unclear and confusing
throughout. This makes the work hard to read and understand. Did not
proofread/edit.
Use of the correct forms and content -
20 marks
Addresses all of the
content in a
comprehensive way.
Supporting material is
appropriately referred to throughout displaying a thorough/ excellent knowledge of the material.
Addresses all of the
content in a thorough
way. Supporting material
is appropriately referred
to throughout displaying
a very good knowledge of
the material.
Addresses all of the
content outlined in the
instructions. Comments
are adequate and the
supporting material is
generally referred to
appropriately. There are some errors or omissions.
Made an attempt to
address the content
outlined in the
instructions. However it was superficial in major parts. Does not refer to any of the supporting material. Alternatively referred to one or two
references.
Does not address the
content outlined in the
instructions. Where the content is addressed it is
superficial.
Analysis of Californian Bar admission 10 marks Addresses all of the elements of Californian admission in a comprehensive way. Supporting material addresses the students ability to meet the requirements throughout displaying a thorough/ excellent knowledge of the material. Addresses all of the elements of Californian admission in a thorough way. Supporting material addresses the students ability to meet the requirements throughout displaying a very good knowledge of the material. Addresses all of the elements of Californian admission in an adequate way. Supporting material addresses the students ability to meet the requirements throughout displaying a an appropriate knowledge of the material. There are some errors or omissions. Made an attempt to
address the content
outlined in the
instructions. However it was superficial in major parts. Does not refer to any of the supporting material. Alternatively referred to one or two
references.
Does not address the
content outlined in the
instructions. Where the content is addressed it is
superficial.

Referencing Style
Australian Guide to Legal Citation, 4th ed


Referencing Style

Submission
Online

Submission Instructions
The final version of your Admission Application must be submitted as a single PDF using 'e-Submission'. When uploading your file make sure that you adopt the following naming convention: "__LAWS13013_Admission_Application.pdf" e.g. 16789909_Bloggs_LAWS13013_Admission_Application.pdf

Learning Outcomes Assessed
  • Analyse, evaluate and critique the legislation and rules regulating professional and personal conduct in respect of a practitioner’s duty to the law, the courts, clients and fellow practitioners
  • Research and design an ethical problem and solution which involves content from an international jurisdiction.


Graduate Attributes

2 Online Quiz(zes)

Assessment Title
Quizzes

Task Description

This assessment comprises 2 quizzes.
Task Description
Quiz 1 Instructions: Available on 19 April.
The quiz will be of 90 min duration consisting of questions from each of the weeks 1 through to and including week 5.
The quiz will be in multiple-choice format. It is a complex quiz with each choice potentially involving multiple elements.
You will receive a mark out of 20 (30x.667) representing 20% of your grade for this unit. You are allowed one attempt.
Quiz 2 Instructions: Available 6 June.
The quiz will be of 90 min duration consisting of questions from each of the weeks 6 - 12 (excluding material from week
9 which deals with the practical skills module) The quiz will be in multiple-choice format. It is a complex quiz with each choice potentially involving multiple elements.
You will receive a mark out of 20 (30x.667) representing 20% of your grade for this unit. You are allowed one attempt.


Number of Quizzes

2


Frequency of Quizzes

Other


Assessment Due Date

See Task Description for Quiz availability dates.


Return Date to Students

The results will be released a day after the quizzes close.


Weighting
40%

Assessment Criteria

This assessment comprises 2 quizzes.
Task Description
Quiz 1 Instructions: Available on 19 April.
The quiz will be of 90 min duration consisting of questions from each of the weeks 1 through to and including week 5.
The quiz will be in multiple-choice format. It is a complex quiz with each choice potentially involving multiple elements.
You will receive a mark out of 20 (30x.667) representing 20% of your grade for this unit. You are allowed one attempt.
Quiz 2 Instructions: Available 6 June.
The quiz will be of 90 min duration consisting of questions from each of the weeks 6 - 12 (excluding material from week
9 which deals with the practical skills module)
The quiz will be in multiple-choice format. It is a complex quiz with each choice potentially involving multiple elements.
You will receive a mark out of 20 (30x.667) representing 20% of your grade


Referencing Style

Submission
Online

Learning Outcomes Assessed
  • Analyse, evaluate and critique the legislation and rules regulating professional and personal conduct in respect of a practitioner’s duty to the law, the courts, clients and fellow practitioners
  • Formulate solutions to ethical issues involved with client interviewing and trust accounts


Graduate Attributes

3 Practical Assessment

Assessment Title
Client Interviewing

Task Description

Task Summary
This assessment has two parts. (1) The interview and (2) the writing. In this assessment you will get together with two
other students and form a group of three students. The Unit Coordinator will send you a set of confidential instructions
once the groups are finalised via email. In those instructions you are given details about three client interviews. You
are to conduct these interviews in your group of three. In one interview you will play the client, then next interview the
lawyer and the third the observer. As an observer you will write notes and reflect upon the performance of the student
who plays the lawyer/interviewer. Students are to conduct the interviews via zoom and record the sessions.

You will critique and reflect upon the performance of the interviewer. Your written reflection must contain material on
the following issues which may overlap:

  • Did you see evidence that the interviewer constructed solutions to ethical issues involved in the client interview
    and/or could they think creatively in relation to an ethical issue(s) in the interview?
  • Incorporate your own reflections/observations regarding how to address ethical issues which can come up in
    legal practice. This may arise from the interviews or from the learning resources.
  • Write your own reflections/observations on your experience of working in a group. Reference some of the
    material on collaborative learning provided.

Hint: In writing your reflection clearly signpost these issues by providing sub-headings throughout. This will make it
easier for the reader.
You will submit the reflection on Moodle which will be no more than 1500 words.

Relevance : Why am I doing this?

The simple answer is that students need to develop the skills that a lawyer actually uses in practice. One of the first things that lawyers learn to do is to interview clients. This is an example of authentic learning. You will also learn the ethical requirements for interviewing and how to construct proper file notes. Although some of you may not become practising lawyers, the skill of interviewing (which is really just asking a person a series of structured questions) is relevant to many different jobs. Therefore the skills are transferable to many contexts.

Instructions on how to complete the Client Interview
The exercise is to be completed in three stages:
1. Get into a group: Students will nominate a team of three by 29 March in default of which unallocated students
will be assigned into teams. On Moodle behind the assessment tab you will find a link where you can select a
group. Ideally, it would be best if you consulted with other students before you put your name down in a group.
Use the Moodle discussion site to find group members.
2. Conduct the three interviews on or before the 17 May.
3. Written reflection due for submission on or before the 24 May.

The Three interviews
Students will form into teams of three (either self-nominated or assigned). One student will play the role of a client,
another the interviewer and the third student will be an observer. The process will be repeated three times by the
group using different interview scenarios, enabling each group member to play each respective role. Each interview
should take 15-20 minutes to complete. It is suggested that the three interviews be conducted in one hour-long session.
Students are to record the session on zoom. Share the recording with all group members. You do not need to submit
the recording. It is kept for your own purpose so that you can go back to it when you are completing the written
reflection. The unit coordinator will email you with your role in each interview and the supporting confidential
information. Students must not exchange these instructions. This is important to ensure that the interview is as close
to an authentic experience as possible.

Written reflection – 1500 words (this is what you submit to Moodle)
Each student will be graded on their written reflection of their experience as an observer. After e-submitting the
reflections, as a single pdf document, students will then exchange them with the other members of their group. The
written reflection should not exceed 1500 words.


Assessment Due Date

Week 11 Friday (24 May 2024) 11:59 pm AEST

The final version of your written reflection must be submitted as a single PDF using 'e-Submission'. No consideration will be given to content which exceeds the 1500-word limit. When uploading your file make sure that you adopt the following naming convention: "__LAWS13013_Interview.pdf" e.g. 16789909_Bloggs_LAWS13013_Interview.p


Return Date to Students

Review/Exam Week Friday (7 June 2024)

Via Moodle.


Weighting
20%

Assessment Criteria

Task-specific marking/assessment rubric
(Reference see: Assessment rubrics | The University of Edinburgh)

Criteria High Distinction –
Excellent 85-100%
Distinction – Very good
75-84%
Credit – Good 65-74% Pass – Satisfactory
50-64%
Fail – poor <50% (less
than)
Clarity, Presentation
and Communication - 5 marks
The language is advanced
and sophisticated. There
are almost no errors of
expression.
The language is clear.
The reflection is easy to read and follow. There are few errors of
expression.
Language is generally
clear but there are some parts which are hard to read. There are errors of expression which are
minor but frequent.
Language is not clear but it is still readable with some significant errors of expression. Language and grammar is unclear and confusing
throughout. This makes the work hard to read and understand. Did not
proofread/edit.
Reflection/Analysis -
15 marks
Addresses all of the
content in a
comprehensive way.
Supporting material is
appropriately referred to throughout displaying a thorough/ excellent knowledge of the material.
Addresses all of the
content in a thorough
way. Supporting material
is appropriately referred
to throughout displaying
a very good knowledge of
the material.
Addresses all of the
content outlined in the
instructions. Comments
are adequate and the
supporting material is
generally referred to
appropriately. There are some errors or omissions.
Made an attempt to
address the content
outlined in the
instructions. However it was superficial in major parts. Does not refer to any of the supporting material. Alternatively referred to one or two
references.
Does not address the
content outlined in the
instructions. Where the content is addressed it is
superficial.

Referencing Style
Australian Guide to Legal Citation, 4th ed


Referencing Style

Submission
Online

Submission Instructions
The final version of your written reflection must be submitted as a single PDF using 'e-Submission'. No consideration will be given to content which exceeds the 1200-word limit. When uploading your file make sure that you adopt the following naming convention: "__LAWS13013_Interview.pdf" e.g. 16789909_Bloggs_LAWS13013_Interview.pdf.

Learning Outcomes Assessed
  • Analyse, evaluate and critique the legislation and rules regulating professional and personal conduct in respect of a practitioner’s duty to the law, the courts, clients and fellow practitioners
  • Research and design an ethical problem and solution which involves content from an international jurisdiction.
  • Formulate solutions to ethical issues involved with client interviewing and trust accounts


Graduate Attributes

Academic Integrity Statement

As a CQUniversity student you are expected to act honestly in all aspects of your academic work.

Any assessable work undertaken or submitted for review or assessment must be your own work. Assessable work is any type of work you do to meet the assessment requirements in the unit, including draft work submitted for review and feedback and final work to be assessed.

When you use the ideas, words or data of others in your assessment, you must thoroughly and clearly acknowledge the source of this information by using the correct referencing style for your unit. Using others’ work without proper acknowledgement may be considered a form of intellectual dishonesty.

Participating honestly, respectfully, responsibly, and fairly in your university study ensures the CQUniversity qualification you earn will be valued as a true indication of your individual academic achievement and will continue to receive the respect and recognition it deserves.

As a student, you are responsible for reading and following CQUniversity’s policies, including the Student Academic Integrity Policy and Procedure. This policy sets out CQUniversity’s expectations of you to act with integrity, examples of academic integrity breaches to avoid, the processes used to address alleged breaches of academic integrity, and potential penalties.

What is a breach of academic integrity?

A breach of academic integrity includes but is not limited to plagiarism, self-plagiarism, collusion, cheating, contract cheating, and academic misconduct. The Student Academic Integrity Policy and Procedure defines what these terms mean and gives examples.

Why is academic integrity important?

A breach of academic integrity may result in one or more penalties, including suspension or even expulsion from the University. It can also have negative implications for student visas and future enrolment at CQUniversity or elsewhere. Students who engage in contract cheating also risk being blackmailed by contract cheating services.

Where can I get assistance?

For academic advice and guidance, the Academic Learning Centre (ALC) can support you in becoming confident in completing assessments with integrity and of high standard.

What can you do to act with integrity?