LEGAL PRACTICE AND CONDUCT CLINICAL PLACEMENT

LAW4LPP

2020

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.

School: La Trobe Law School (Pre 2022)

Credit points: 30

Subject Co-ordinator: Ben Walsh

Available to Study Abroad/Exchange Students: No

Subject year level: Year Level 4 - UG/Hons/1st Yr PG

Available as Elective: No

Learning Activities: N/A

Capstone subject: Yes

Subject particulars

Subject rules

Prerequisites: Admission into this subject is by application only Students must complete 180 credit points including LAW1LIM Admission into this subject is by application only Students must complete 180 credit points including LAW1LIM and Admission Into:LBLX - Bachelor of Laws (Complementary)LVLGE;LVLGEB - Bachelor of Laws LVLUE; LVLUEB - Bachelor of Laws LWLAS - Bachelor of Laws/Bachelor of Asian Studies LWLAT; LWLWA; LWLATB - Bachelor of Laws/Bachelor of Arts LWLBUSB - Bachelor of Laws/Bachelor of Business LWLEELWLINT - Bachelor of Laws/Bachelor of International Relations LWLMC - Bachelor of Laws/Bachelor of Media and Communication LWLPY; LWLPYB - Bachelor of Laws/Bachelor of Psychological Science LWLSC; LWLSCB - Bachelor of Laws/Bachelor of Science LZCOML; LWCOML - Bachelor of Commerce/Bachelor of Laws LZCRL;LZCRLB - Bachelor of Criminology/Bachelor of Laws

Co-requisites: N/A

Incompatible subjects: N/A

Equivalent subjects: N/A

Quota Management Strategy: Enrolment accepted until quota reached

Quota-conditions or rules: Ballot with preference to final year students.

Special conditions: N/A

Minimum credit point requirement: N/A

Assumed knowledge: N/A

Learning resources

Legal Profession Act

Resource Type: Book

Resource Requirement: Prescribed

Author: Latest

Year: N/A

Edition/Volume: N/A

Publisher: Various

ISBN: N/A

Chapter/article title: N/A

Chapter/issue: N/A

URL: N/A

Other description: N/A

Source location: N/A

Lawyers' Professional Responsibility

Resource Type: Book

Resource Requirement: Prescribed

Author: Dal Pont G. E.

Year: N/A

Edition/Volume: 3RD EDITION

Publisher: THOMSON (LAWBOOK CO.)

ISBN: N/A

Chapter/article title: N/A

Chapter/issue: N/A

URL: N/A

Other description: N/A

Source location: N/A

Practical legal skills

Resource Type: Book

Resource Requirement: Prescribed

Author: Campbell and Evans

Year: N/A

Edition/Volume: 3RD EDN

Publisher: OXFORD UNIVERSITY PRESS

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: Yes

Work-based learning: Yes

Self sourced or Uni sourced:
Uni Sourced

Entire subject or partial subject: Entire subject

Total hours/days required: 90 hours

Location of WBL activity (region): Domestic - metro

WBL addtional requirements: Hosts complete an evaluation on professional behaviours. Other additional requirements will depend on the host organisation but may include a Working with Children’s Check, Police Check, selection interview, host organisation agreements, host inductions.

Graduate capabilities & intended learning outcomes

Graduate Capabilities

COMMUNICATION - Communicating and Influencing
COMMUNICATION - Cultural Intelligence and Global Perspective
DISCIPLINE KNOWLEDGE AND SKILLS
INQUIRY AND ANALYSIS - Creativity and Innovation
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. Demonstrate knowledge and understanding of the regulatory, complaint and disciplinary processes for the legal profession
02. Demonstrate effective legal research skills with an immediate and practical purpose
03. Demonstrate knowledge and understanding of the legal aspects of the lawyer/client relationship including the contractual, tortious and fiduciary nature of the relationship
04. Demonstrate knowledge and understanding of the statutory and common law rules governing lawyers professional conduct in relation to clients, the courts and third parties
05. Demonstrate an understanding of the various frameworks/approaches for making ethical decisions in a practical context
06. Analyse the professional responsibilities of a legal practitioner and apply these to real legal practice situations
07. Demonstrate knowledge and understanding of the fiduciary nature of the lawyer/client relationship including knowledge of the statutory requirements regulating trust accounting.
08. Demonstrate reflective skills
09. Analyse, evaluate and perform the professional ethical responsibilities of a lawyer in the context of daily legal practice
10. Demonstrate effective legal interviewing, oral and written communication skills

Melbourne (Bundoora), 2020, Semester 1, Day

Overview

Online enrolment: No

Maximum enrolment size: 22

Subject Instance Co-ordinator: Ben Walsh

Class requirements

Placement - Off SiteWeek: 10 - 22
One 1.00 day placement - off site per week on weekdays during the day from week 10 to week 22 and delivered via face-to-face.

SeminarWeek: 10 - 22
One 2.00 hours seminar per week on weekdays during the day from week 10 to week 22 and delivered via face-to-face.

TutorialWeek: 10 - 22
One 1.00 hour tutorial per week on weekdays during the day from week 10 to week 22 and delivered via face-to-face.

Assessments

Assessment elementCommentsCategoryContributionHurdle%ILO*

One 2,000-word assignmentStudents research and write an essay about an aspect of contemporary legal practice. This assessment task is identical in nature to the first assessment in LAW3LPC.

N/AN/AN/ANo20SILO1, SILO2, SILO3, SILO6

One 2,500-word case studyStudents research and write a case study essay involving an ethical decision they have encountered on their placement. A step by step guide is provided for the students in the Learning Guide.

N/AN/AN/ANo30SILO4, SILO5, SILO7, SILO8

Supervised performance in clinical placementStudents are assessed by their supervisor in relation to their clinical performance. The assessment criteria are contained in the Clinic Manual, which is made available to the students.

N/AN/AN/ANo40SILO10, SILO7, SILO8, SILO9

Ten reflective journals -100 words eachStudents reflect upon their placement experiences in writing as the semester progresses and receive written feedback from their supervisor.

N/AN/AN/ANo10SILO7

Melbourne (Bundoora), 2020, Semester 2, Day

Overview

Online enrolment: No

Maximum enrolment size: 22

Subject Instance Co-ordinator: Ben Walsh

Class requirements

Placement - Off SiteWeek: 31 - 43
One 1.00 day 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 2.00 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 1.00 hour tutorial per week on weekdays during the day from week 31 to week 43 and delivered via face-to-face.

Assessments

Assessment elementCommentsCategoryContributionHurdle%ILO*

One 2,000-word assignmentStudents research and write an essay about an aspect of contemporary legal practice. This assessment task is identical in nature to the first assessment in LAW3LPC.

N/AN/AN/ANo20SILO1, SILO2, SILO3, SILO6

One 2,500-word case studyStudents research and write a case study essay involving an ethical decision they have encountered on their placement. A step by step guide is provided for the students in the Learning Guide.

N/AN/AN/ANo30SILO4, SILO5, SILO7, SILO8

Supervised performance in clinical placementStudents are assessed by their supervisor in relation to their clinical performance. The assessment criteria are contained in the Clinic Manual, which is made available to the students.

N/AN/AN/ANo40SILO10, SILO7, SILO8, SILO9

Ten reflective journals -100 words eachStudents reflect upon their placement experiences in writing as the semester progresses and receive written feedback from their supervisor.

N/AN/AN/ANo10SILO7