LEGAL PRACTICE AND CONDUCT

LAW3LPC

2020

Credit points: 15

Subject outline

This subject focusses primarily on ethical legal practice and conduct. 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. The context for this study is the issue of access to justice and reforms in the legal profession. 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 subject addresses La Trobe's Sustainability Thinking Essential. Sustainability Thinking entails deep appreciation of how the choices we make affects the natural, economic, social, political and cultural systems, now and in the future. The emphasis LAW3LPC Legal Practice and Conduct is the role of the ethical practitioner in the legal system and the importance of practitioner duties to the sustainability of the justice system, and thus to society as a whole.

School: La Trobe Law School (Pre 2022)

Credit points: 15

Subject Co-ordinator: Ben Walsh

Available to Study Abroad/Exchange Students: Yes

Subject year level: Year Level 3 - UG

Exchange Students: No

Available as Elective: No

Learning Activities: N/A

Capstone subject: Yes

Subject particulars

Subject rules

Prerequisites: completion of 60 credit points of LAW level 1 and 60 credit points of LAW level 2 subjects

Co-requisites: N/A

Incompatible subjects: LAW4LPP

Equivalent subjects: N/A

Quota Management Strategy: N/A

Quota-conditions or rules: N/A

Special conditions: N/A

Minimum credit point requirement: N/A

Assumed knowledge: N/A

Learning resources

Inside Lawyers' Ethics - Lawyers' Professional Responsibility

Resource Type: Book

Resource Requirement: Recommended

Author: Parker, C & Evans, A

Year: 2014

Edition/Volume: 2nd Ed 5th Ed

Publisher: Cambridge Thomson Reuters

ISBN: N/A

Chapter/article title: N/A

Chapter/issue: N/A

URL: N/A

Other description: N/A

Source location: N/A

Legal Profession Uniform Law Application Act 2014 (Vic)

Resource Type: Other resource

Resource Requirement: Prescribed

Author: N/A

Year: 2014

Edition/Volume: N/A

Publisher: N/A

ISBN: N/A

Chapter/article title: N/A

Chapter/issue: N/A

URL: N/A

Other description: N/A

Source location: N/A

Career Ready

Career-focused: No

Work-based learning: No

Self sourced or Uni sourced: N/A

Entire subject or partial subject: N/A

Total hours/days required: N/A

Location of WBL activity (region): N/A

WBL addtional requirements: N/A

Graduate capabilities & intended learning outcomes

Graduate Capabilities

COMMUNICATION - Communicating and Influencing

COMMUNICATION - Cultural Intelligence and Global Perspective

DISCIPLINE KNOWLEDGE AND SKILLS

INQUIRY AND ANALYSIS - Critical Thinking and Problem Solving

INQUIRY AND ANALYSIS - Research and Evidence-Based Inquiry

PERSONAL AND PROFESSIONAL - Adaptability and Self-Management

PERSONAL AND PROFESSIONAL - Ethical and Social Responsibility

Intended Learning Outcomes

01. To describe and illustrate knowledge of the regulatory, complaint and disciplinary processes applicable to the Victorian legal profession.

02. To apply the Legal Profession Uniform Law Application Act 2014(Vic rules and the common law governing legal practitioners conduct in relation to the administration of justice, the courts, clients, and other practitioners.

03. To identify ethical dilemmas facing a legal practitioner and analyse how to handle them in an appropriate and professional manner.

04. To identify and analyse the professional and ethical responsibilities of a legal practitioner having regard to a variety of lawyering paradigms and conceptual frameworks.

05. To identify the principles relating to legal practitioners and the holding of money on trust

06. To identify and analyse current issues pertaining to legal practice in Victoria

Bendigo, 2020, Semester 2, Blended

Overview

Online enrolment: Yes

Maximum enrolment size: N/A

Enrolment information: N/A

Subject Instance Co-ordinator: Ben Walsh

Class requirements

LectureWeek: 31 - 43
One 1.00 hour lecture per week on weekdays during the day from week 31 to week 43 and delivered via video conference.

SeminarWeek: 32 - 43
One 2.00 hours seminar per week on weekdays during the day from week 32 to week 43 and delivered via blended.

Assessments

Assessment element	Comments	Category	Contribution	Hurdle	%	ILO*
Class participation group activity (250 words)	N/A	N/A	N/A	No	10	SILO1, SILO2, SILO3, SILO4, SILO5, SILO6
One 2,000-word assignment	N/A	N/A	N/A	No	35	SILO2, SILO3, SILO4, SILO6
One 2-hour examination	N/A	N/A	N/A	No	55	SILO1, SILO2, SILO3, SILO4, SILO5, SILO6

Melbourne (Bundoora), 2020, Semester 2, Blended