law4lpp legal practice

LEGAL PRACTICE AND CONDUCT CLINICAL PLACEMENT

LAW4LPP

2016

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 LAW1LIM and completed a minimum of 180cp of LAW% subjects

Co-requisitesN/A

Incompatible subjectsN/A

Equivalent subjectsN/A

Special conditions Entrance into the course is by application only. Application forms can be downloaded from the Law School's homepage.

Learning resources

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:
Lecture/seminar, assessment activities
Related graduate capabilities and elements:
Literacies and Communication Skills(Writing,Speaking)

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:
Lecture/seminar, assessment activities
Related graduate capabilities and elements:
Literacies and Communication Skills(Writing,Speaking)
Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research)
Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research)
Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research)
Personal and Professional Skills(Teamwork including leadership and working in groups,Autonomy and independence,Ethical behaviour,Adaptability Skills,Study and Learning 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:
Lecture/seminar, assessment activities
Related graduate capabilities and elements:
Literacies and Communication Skills(Writing,Speaking)
Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research)
Personal and Professional Skills(Teamwork including leadership and working in groups,Autonomy and independence,Ethical behaviour,Adaptability Skills,Study and Learning Skills)
Personal and Professional Skills(Teamwork including leadership and working in groups,Autonomy and independence,Ethical behaviour,Adaptability Skills,Study and Learning Skills)
Discipline -Specific Knowledge and Skills(Discipline-Specific Knowledge and Skills)

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

Activities:
Lecture/seminar, assessment activities
Related graduate capabilities and elements:
Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research)
Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research)
Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research)

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

Activities:
Clinical Placement
Related graduate capabilities and elements:
Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research)
Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research)
Personal and Professional Skills(Teamwork including leadership and working in groups,Autonomy and independence,Ethical behaviour,Adaptability Skills,Study and Learning 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:
Lecture/seminar, assessment activities
Related graduate capabilities and elements:
Personal and Professional Skills(Teamwork including leadership and working in groups,Autonomy and independence,Ethical behaviour,Adaptability Skills,Study and Learning Skills)
Discipline -Specific Knowledge and Skills(Discipline-Specific Knowledge and Skills)

07. Demonstrate reflective skills

Activities:
Clinical Placement Reflective journals
Related graduate capabilities and elements:
Literacies and Communication Skills(Writing,Speaking)
Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research)
Personal and Professional Skills(Teamwork including leadership and working in groups,Autonomy and independence,Ethical behaviour,Adaptability Skills,Study and Learning Skills)

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

Activities:
Clinical Placement
Related graduate capabilities and elements:
Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research)
Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research)
Personal and Professional Skills(Teamwork including leadership and working in groups,Autonomy and independence,Ethical behaviour,Adaptability Skills,Study and Learning Skills)
Personal and Professional Skills(Teamwork including leadership and working in groups,Autonomy and independence,Ethical behaviour,Adaptability Skills,Study and Learning Skills)
Personal and Professional Skills(Teamwork including leadership and working in groups,Autonomy and independence,Ethical behaviour,Adaptability Skills,Study and Learning Skills)
Personal and Professional Skills(Teamwork including leadership and working in groups,Autonomy and independence,Ethical behaviour,Adaptability Skills,Study and Learning Skills)

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

Activities:
Clinical Placement
Related graduate capabilities and elements:
Literacies and Communication Skills(Writing,Speaking)
Literacies and Communication Skills(Writing,Speaking)
Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research)
Discipline -Specific Knowledge and Skills(Discipline-Specific Knowledge and Skills)

10. Work well within their team and with staff

Activities:
Clinical Placement
Related graduate capabilities and elements:
Personal and Professional Skills(Teamwork including leadership and working in groups,Autonomy and independence,Ethical behaviour,Adaptability Skills,Study and Learning Skills)
Personal and Professional Skills(Teamwork including leadership and working in groups,Autonomy and independence,Ethical behaviour,Adaptability Skills,Study and Learning Skills)
Personal and Professional Skills(Teamwork including leadership and working in groups,Autonomy and independence,Ethical behaviour,Adaptability Skills,Study and Learning Skills)

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

Activities:
Clinical Placement
Related graduate capabilities and elements:
Literacies and Communication Skills(Writing,Speaking)
Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research)
Personal and Professional Skills(Teamwork including leadership and working in groups,Autonomy and independence,Ethical behaviour,Adaptability Skills,Study and Learning Skills)

12. Demonstrate understanding of the barriers faced by people in accessing the legal system

Activities:
Clinical Placement
Related graduate capabilities and elements:
Literacies and Communication Skills(Writing,Speaking)
Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research)
Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research)
Personal and Professional Skills(Teamwork including leadership and working in groups,Autonomy and independence,Ethical behaviour,Adaptability Skills,Study and Learning Skills)

Subject options

Select to view your study options…

Start date between: and    Key dates

Melbourne, 2016, Semester 1, Day

Overview

Online enrolmentNo

Maximum enrolment size12

Enrolment information TBC TBC

Subject Instance Co-ordinatorBen Walsh

Class requirements

TutorialWeek: 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.

SeminarWeek: 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.

Placement - Off SiteWeek: 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.

Assessments

Assessment elementComments%ILO*
One 2,000-word assignment2001, 02, 03, 06
One 2,500-word case study3004, 05
Supervised performance in clinical placementFor more detailed information please refer to subject outline provided in first lecture.4008, 09, 10, 11
ten reflective journals1007, 12

Melbourne, 2016, Semester 2, Day

Overview

Online enrolmentNo

Maximum enrolment size12

Enrolment information TBC TBC

Subject Instance Co-ordinatorBen Walsh

Class requirements

Placement - Off SiteWeek: 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.

SeminarWeek: 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.

TutorialWeek: 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 assignment2001, 02, 03, 06
One 2,500-word case study3004, 05
Supervised performance in clinical placementFor more detailed information please refer to subject outline provided in first lecture.4008, 09, 10, 11
ten reflective journals1007, 12

Melbourne, 2016, Week 31-51, Day

Overview

Online enrolmentYes

Maximum enrolment sizeN/A

Enrolment information

Subject Instance Co-ordinatorBen Walsh

Class requirements

TutorialWeek: 31 - 51
One 1.0 hours tutorial per week on weekdays during the day from week 31 to week 51 and delivered via face-to-face.

SeminarWeek: 31 - 51
One 2.0 hours seminar per week on weekdays during the day from week 31 to week 51 and delivered via face-to-face.

Placement - Off SiteWeek: 31 - 51
One 1.0 days placement - off site per week on weekdays during the day from week 31 to week 51 and delivered via face-to-face.

Assessments

Assessment elementComments%ILO*
One 2,000-word assignment04001, 02, 03, 06
One 2,500-word case study04004, 05
Supervised performance in clinical placementFor more detailed information please refer to subject outline provided in first lecture.00008, 09, 10, 11
ten reflective journals02007, 12

Melbourne, 2016, Week 45-14, Day

Overview

Online enrolmentYes

Maximum enrolment sizeN/A

Enrolment information

Subject Instance Co-ordinatorBen Walsh

Class requirements

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

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

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

Assessments

Assessment elementComments%ILO*
One 2,000-word assignment2001, 02, 03, 06
One 2,500-word case study3004, 05
Supervised performance in clinical placementFor more detailed information please refer to subject outline provided in first lecture.4008, 09, 10, 11
ten reflective journals1007, 12