LEGAL PRACTICE AND CONDUCT CLINICAL PLACEMENT

LAW4LPP

2018

Credit points: 30

Subject outline

Ethical legal practice and conduct are the primary focus of this unit. This includes examining the legal practitioner's duty to the administration of law, the courts, clients and fellow practitioners, issues of personal and professional conduct and basic trust accounting. The context for this study is the issue of access to justice and recent reform to the legal system, in particular the legal profession. Additionally, students are placed in a legal aid environment where they have the opportunity to be practically involved in legal practice under supervision. Students are encouraged to reflect on how a legal practitioner's duties and ethics are relevant to daily legal practice, as well as on the efficacy of law, the legal system, the legal profession and the nature of justice. This unit meets the requirements of the Council of Legal Education for admission to practice in Victoria in the area Professional Conduct.

SchoolLa Trobe Law School

Credit points30

Subject Co-ordinatorBen Walsh

Available to Study Abroad StudentsNo

Subject year levelYear Level 4 - UG/Hons/1st Yr PG

Exchange StudentsNo

Subject particulars

Subject rules

Prerequisites Must be admitted to a Bachelor of Laws undergraduate degree, Bachelor of Laws double degree or LVLGE offered by the School of Law and completed 180 credit points including LAW1LIM. Enrolment in this subject is by application only.

Co-requisitesN/A

Incompatible subjectsN/A

Equivalent subjectsN/A

Special conditions Application forms can be downloaded from the Law School's homepage.

Readings

Resource TypeTitleResource RequirementAuthor and YearPublisher
ReadingsLawyers' Professional ResponsibilityPrescribedDal Pont, G. E.,THOMSON (LAWBOOK CO.), 3RD EDITION
ReadingsLegal Profession ActPrescribed. . .2004 (VIC).
ReadingsPractical legal skillsPrescribedCampbell and Evans3RD EDN. OXFORD UNIVERSITY PRESS

Graduate capabilities & intended learning outcomes

01. Demonstrate knowledge and understanding of the regulatory, complaint and disciplinary processes for the legal profession

Activities:
Assignment, case study, participation in clinical placement, reflective journal
Related graduate capabilities and elements:
Inquiry and Analytical Skills
Inquiry and Analytical Skills
Discipline -Specific Knowledge and Skills

02. Demonstrate knowledge and understanding of the legal aspects of the lawyer/client relationship including the contractual, tortious and fiduciary nature of the relationship

Activities:
Assignment, case study, participation in clinical placement, reflective journal
Related graduate capabilities and elements:
Literacies and Communication Skills
Inquiry and Analytical Skills
Inquiry and Analytical Skills
Discipline -Specific Knowledge and Skills

03. Demonstrate knowledge and understanding of the statutory and common law rules governing lawyers# professional conduct in relation to clients, the courts and third parties

Activities:
Assignment, case study, participation in clinical placement, reflective journal
Related graduate capabilities and elements:
Literacies and Communication Skills
Inquiry and Analytical Skills
Inquiry and Analytical Skills
Discipline -Specific Knowledge and Skills

04. Demonstrate an understanding of the various frameworks/approaches for making ethical decisions in a practical context

Activities:
Assignment, case study, participation in clinical placement, reflective journal
Related graduate capabilities and elements:
Literacies and Communication Skills
Inquiry and Analytical Skills
Inquiry and Analytical Skills
Discipline -Specific Knowledge and Skills

05. Analyse the professional responsibilities of a legal practitioner and apply these to real legal practice situations

Activities:
Assignment, case study, participation in clinical placement, reflective journal
Related graduate capabilities and elements:
Literacies and Communication Skills
Inquiry and Analytical Skills
Inquiry and Analytical Skills
Discipline -Specific Knowledge and Skills

06. Demonstrate knowledge and understanding of the fiduciary nature of the lawyer/client relationship including knowledge of the statutory requirements regulating trust accounting.

Activities:
Assignment, case study, participation in clinical placement, reflective journal
Related graduate capabilities and elements:
Literacies and Communication Skills
Inquiry and Analytical Skills
Inquiry and Analytical Skills
Discipline -Specific Knowledge and Skills

07. Demonstrate reflective skills

Activities:
Reflective journals, participation in supervision discussions and final essay
Related graduate capabilities and elements:
Literacies and Communication Skills
Inquiry and Analytical Skills
Inquiry and Analytical Skills
Discipline -Specific Knowledge and Skills

08. Analyse, evaluate and perform the professional ethical responsibilities of a lawyer in the context of daily legal practice

Activities:
Clinical Placement participation and supervision discussions
Related graduate capabilities and elements:
Literacies and Communication Skills
Inquiry and Analytical Skills
Inquiry and Analytical Skills
Discipline -Specific Knowledge and Skills

09. Demonstrate effective legal interviewing, oral and written communication skills

Activities:
Clinical Placement participation
Related graduate capabilities and elements:
Inquiry and Analytical Skills
Inquiry and Analytical Skills
Discipline -Specific Knowledge and Skills

10. Demonstrate effective legal research skills with an immediate and practical purpose

Activities:
Clinical Placement participation
Related graduate capabilities and elements:
Inquiry and Analytical Skills
Inquiry and Analytical Skills
Discipline -Specific Knowledge and Skills

Subject options

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Start date between: and    Key dates

Melbourne, 2018, Semester 1, Day

Overview

Online enrolmentYes

Maximum enrolment size12

Enrolment information TBC TBC

Subject Instance Co-ordinatorBen Walsh

Class requirements

Placement - Off Site Week: 10 - 22
One 1.0 days placement - off site per week on weekdays during the day from week 10 to week 22 and delivered via face-to-face.

Seminar Week: 10 - 22
One 2.0 hours seminar per week on weekdays during the day from week 10 to week 22 and delivered via face-to-face.

Tutorial Week: 10 - 22
One 1.0 hours tutorial per week on weekdays during the day from week 10 to week 22 and delivered via face-to-face.

Assessments

Assessment elementComments% ILO*
One 2,000-word assignment20 01, 02, 03, 06
One 2,500-word case study30 04, 05, 07, 08
Supervised performance in clinical placement40 07, 08, 09, 10
Ten reflective journals -100 words each10 07

Melbourne, 2018, Semester 2, Day

Overview

Online enrolmentYes

Maximum enrolment size12

Enrolment information TBC TBC

Subject Instance Co-ordinatorBen Walsh

Class requirements

Placement - Off Site Week: 31 - 43
One 1.0 days placement - off site per week on weekdays during the day from week 31 to week 43 and delivered via face-to-face.

Seminar Week: 31 - 43
One 2.0 hours seminar per week on weekdays during the day from week 31 to week 43 and delivered via face-to-face.

Tutorial Week: 31 - 43
One 1.0 hours tutorial per week on weekdays during the day from week 31 to week 43 and delivered via face-to-face.

Assessments

Assessment elementComments% ILO*
One 2,000-word assignment20 01, 02, 03, 06
One 2,500-word case study30 04, 05, 07, 08
Supervised performance in clinical placement40 07, 08, 09, 10
Ten reflective journals -100 words each10 07

Melbourne, 2018, Summer 1, Day

Overview

Online enrolmentYes

Maximum enrolment sizeN/A

Enrolment information

Subject Instance Co-ordinatorBen Walsh

Class requirements

Placement - Off Site Week: 45
One 1.0 days placement - off site per week on weekdays during the day in week 45 and delivered via face-to-face.

Seminar Week: 45
One 2.0 hours seminar per week on weekdays during the day in week 45 and delivered via face-to-face.

Tutorial Week: 45
One 1.0 hours tutorial per week on weekdays during the day in week 45 and delivered via face-to-face.

Assessments

Assessment elementComments% ILO*
One 2,000-word assignment20 01, 02, 03, 06
One 2,500-word case study30 04, 05, 07, 08
Supervised performance in clinical placement40 07, 08, 09, 10
Ten reflective journals -100 words each10 07