LEGAL PRACTICE AND PROFESSIONAL CONDUCT
LAW5PPC
2019
Credit points: 15
Subject outline
The subject focuses on what constitutes ethical legal practice and conduct. This includes examining the legal practitioner's duty to the administration of law, the courts, clients and fellow practitioners and issues of personal and professional conduct. The context for this study is the issue of professional responsibility, reforms in the regulation of the legal profession and access to justice concerns. 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.
School: La Trobe Law School
Credit points: 15
Subject Co-ordinator: Judith Gutman
Available to Study Abroad Students: Yes
Subject year level: Year Level 5 - Masters
Exchange Students: Yes
Subject particulars
Subject rules
Prerequisites: LEGAL PROCESS METHODS AND INSTITUTIONS (LAW5PMI)
Co-requisites: N/A
Incompatible subjects: N/A
Equivalent subjects: N/A
Special conditions: N/A
Learning resources
Readings
| Resource Type | Title | Resource Requirement | Author and Year | Publisher |
|---|---|---|---|---|
| Readings | Lawyers' Professional Responsibility | Prescribed | G E Dal Pont, latest edition | Lawbook company |
Graduate capabilities & intended learning outcomes
01. Critically evaluate the regulatory, complaint and disciplinary processes applicable to the Victorian legal profession and problem-solve strategies to handle them in an appropriate and professional manner
- Activities:
- seminar exercise, written assignment and exmaination
- Related graduate capabilities and elements:
- Discipline -Specific Knowledge and Skills(Discipline-Specific Knowledge and Skills)
02. Demonstrate a well developed understanding of the Legal Profession Uniform Law, statutory regulations and rules and the common law governing legal practitioners' conduct in relation to clients, the courts and other practitioners.
- Activities:
- seminar exercise, written assignment and exmaination
- Related graduate capabilities and elements:
- Discipline -Specific Knowledge and Skills(Discipline-Specific Knowledge and Skills)
03. Critically examine and reflect on ethical dilemmas facing a legal practitioner and problem solve pathways to handle then in an appropriate and professional manner.
- Activities:
- seminar exercise, written assignment and exmaination
- Related graduate capabilities and elements:
- Discipline -Specific Knowledge and Skills(Discipline-Specific Knowledge and Skills)
04. Compare and interpret the professional and ethical responsibilities of a legal practitioner having regard to a variety of lawyering paradigms and conceptual frameworks.
- Activities:
- seminar exercise, written assignment and exmaination
- Related graduate capabilities and elements:
- Discipline -Specific Knowledge and Skills(Discipline-Specific Knowledge and Skills)
05. Demonstrate a high level of understanding of the obligations to the the holding of money on trust.
- Activities:
- seminar exercise, written assignment and exmaination
- Related graduate capabilities and elements:
- Discipline -Specific Knowledge and Skills(Discipline-Specific Knowledge and Skills)
06. Research and reflect on current issues pertaining to legal practice in Victoria
- Activities:
- seminar exercise, written assignment and exmaination
- Related graduate capabilities and elements:
- Discipline -Specific Knowledge and Skills(Discipline-Specific Knowledge and Skills)
City Campus, 2019, Semester 1, Blended
Overview
Online enrolment: Yes
Maximum enrolment size: N/A
Enrolment information:
Subject Instance Co-ordinator: Judith Gutman
Class requirements
Lecture/SeminarWeek: 10 - 22
One 2.5 hours lecture/seminar per week on weekdays during the day from week 10 to week 22 and delivered via blended.
Unscheduled Online ClassWeek: 10 - 22
One 6.0 hours unscheduled online class per study period on any day including weekend during the day from week 10 to week 22 and delivered via online.
Assessments
| Assessment element | Comments | % | ILO* |
|---|---|---|---|
| Seminar exercise (500 word equivalent) | 10 | 01, 02, 03, 04, 05, 06 | |
| Written assignment (3000 word equivalent) | 50 | 01, 02, 06 | |
| Examination (2500 word equivalent) | 40 | 01, 02, 03, 04, 05, 06 |