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The current and official versions of the course specifications are available on the web at http://www.usq.edu.au/course/specification/current.
Please consult the web for updates that may occur during the year.

LAW5312 Advanced Lawyers' Ethics

Semester 3, 2019 Online
Short Description: Advanced Lawyers' Ethics
Units : 1
Faculty or Section : Faculty of Business, Education, Law and Arts
School or Department : School of Law and Justice
Student contribution band : Band 3
ASCED code : 090913 - Legal Practice
Grading basis : Graded

Staffing

Examiner: Katie Murray

Requisites

Pre-requisite: Students enrolled prior to 2016 - LAW5121 or (LAW5605 and LAW5606); All other students - LAW5212 or LAW5705.

Other requisites

Students are required to have access to a personal computer, e-mail capabilities and Internet access to UConnect. Current details of computer requirements can be found at http://www.usq.edu.au/current-students/support/computing/hardware.

Rationale

This is a core course in the Juris Doctor program. It is approved by the Legal Profession Admissions Board (Qld) 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.

Synopsis

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.

Objectives

On successful completion of this course students should be able to:

  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)] (regulation and discipline; introduction to the legal profession; moral frameworks).
30.00
2. Professional and personal conduct in respect of a practitioner’s duty:
To the Courts [Admission Rules 11(b)] (litigation and advocacy ethics).
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)] (competence and care; conflicting loyalties; client money; engagement and fees); and
40.00
4. Professional and personal conduct in respect of a practitioner’s duty:
To fellow practitioners [Admission Rules 11(d)] (relations with other lawyers).
10.00

Text and materials required to be purchased or accessed

ALL textbooks and materials available to be purchased can be sourced from USQ's Online Bookshop (unless otherwise stated). (https://omnia.usq.edu.au/textbooks/?year=2019&sem=03&subject1=LAW5312)

Please contact us for alternative purchase options from USQ Bookshop. (https://omnia.usq.edu.au/info/contact/)

Garner, H 2004, Joe Cinque’s Consolation, Picador.
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 University Press, Port Melbourne, Victoria.

Reference materials

Reference materials are materials that, if accessed by students, may improve their knowledge and understanding of the material in the course and enrich their learning experience.
Baron, P & Corbin, L 2017, Ethics and legal professionalism in Australia, 2nd edn, Oxford University Press, South Melbourne, Victoria.
Dal Pont, G 2017, Lawyers' professional responsibility, 6th edn, Thomson Reuters, Pyrmont, New South Wales.

Student workload expectations

Activity Hours
Assessments 80.00
Directed Study 39.00
Private Study 46.00

Assessment details

Description Marks out of Wtg (%) Due Date Notes
LETTER-WRITING EXERCISE 10 10 09 Dec 2019
ESSAY 50 50 13 Jan 2020
EXAMINATION 40 40 End S3 (see note 1)

Notes
  1. This will be an open examination. The total working time for the examination is 90 minutes. The examination date will be available via UConnect when the official examination timetable has been released.

Important assessment information

  1. Attendance requirements:
    There are no attendance requirements for this course. However, it is the students' responsibility to study all material provided to them or required to be accessed by them to maximise their chance of meeting the objectives of the course and to be informed of course-related activities and administration.

  2. Requirements for students to complete each assessment item satisfactorily:
    To satisfactorily complete an individual assessment item a student must achieve at least 50% of the marks. (Depending upon the requirements in Statement 4 below, students may not have to satisfactorily complete each assessment item to receive a passing grade in this course.)

  3. Penalties for late submission of required work:
    Students should refer to the Assessment Procedure http://policy.usq.edu.au/documents.php?id=14749PL (point 4.2.4)

  4. Requirements for student to be awarded a passing grade in the course:
    To be assured of receiving a passing grade a student must obtain at least 50% of the total weighted marks available for the course.

  5. Method used to combine assessment results to attain final grade:
    To be assured of receiving a passing grade a student must obtain at least 50% of the total weighted marks available for the course. Method used to combine assessment results to attain final grade:
    The final grades for students will be assigned on the basis of the aggregate of the weighted marks obtained for each of the summative assessment items in the course.

  6. Examination information:
    This will be an open examination. Candidates may have access to any printed or written material and a calculator during the examination.

  7. Examination period when Deferred/Supplementary examinations will be held:
    Any Deferred or Supplementary examinations for this course will be held during the next examination period.

  8. University Student Policies:
    Students should read the USQ policies: Definitions, Assessment and Student Academic Misconduct to avoid actions which might contravene University policies and practices. These policies can be found at http://policy.usq.edu.au.

Assessment notes

  1. Referencing in assignments:
    Students studying this course as part of the Juris Doctor must use the Australian Guide to Legal Citation (AGLC) style. Students who are not enrolled in the Juris Doctor may use either Harvard (AGPS) or the AGLC style in their assignments to format details of the information sources they have cited in their work. For AGLC style guide enquiries, consult the AGLC manual from the USQ Library's referencing guide at http://www.usq.edu.au/library/referencing, or contact the Law librarian. The AGPS style to be used is defined by the USQ Library's referencing guide at http://www.usq.edu.au/library/referencing.