La Trobe Law School
LEGAL PRACTICE AND CONDUCT
LAW4LPP
[modified version for circulation at GAJE
conference 2015]
Subject Learning Guide
Semester 1
2015
Bundoora
Subject Coordinator: Paghona Peggy Kerdo
Table of Contents
GENERAL DETAILS
ENROLMENT REQUIREMENTS
STAFF CONTACTS
SUBJECT DESCRIPTION
SUBJECT INTENDED LEARNING OUTCOMES (SILOS)
LEARNING ACTIVITY SUMMARY
ASSESSMENT AND FEEDBACK SUMMARY
LEARNING RESOURCES
STUDENT FEEDBACK ON SUBJECT SURVEY
3
3
3
3
3
4
4
5
5
POLICIES, PROCEDURES AND GUIDELINES
5
ACADEMIC INTEGRITY
SPECIAL CONSIDERATION
EXTENSIONS, LATE SUBMISSIONS AND PENALTIES
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SCHEDULE OF LEARNING ACTIVITIES & DETAILS
SESSION PLAN
LEARNING ACTIVITY DETAILS
STUDENT LEARNING UNIT (SL)
LEARNING MANAGEMENT SYSTEM (LMS)
LIBRARY
STUDENT SUPPORT SERVICES
PEER LEARNING ADVISERS
DETAILED GRADING CRITERIA
5
5
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8
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8
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La Trobe University
2
Subject Details
GENERAL DETAILS
Subject Code:
LAW4LPP
Subject Title:
LEGAL PRACTICE AND CONDUCT
Teaching Period:
Semester 1
Location(s):
Bundoora
Credit Points:
30
Mode:
Semester
Level:
4
ENROLMENT REQUIREMENTS
Prerequisites:
Completion of 180 credit points in law including LAW4ECP [students have completed at
least half of their law studies]
Co-requisites:
Nil
Incompatibles:
Nil
Assumed Skills & Knowledge:
It is assumed that students have the skills and knowledge obtained from successful
completion of first year units (currently LAW1CRM; LAW1LIM; LAW1DR and LAW1PPL.) It
is assumed students possess sound legal reasoning, analytical and research skills, have
skills in problem solving and legislative interpretation. Access to computer and computer
skills are essential.
Special Study Requirements:
There is an expectation that students will attend Orientation Day and all seminars and
clinical days. Students with special needs whose participation in this Subject might be
limited by any study requirements are encouraged to consult the Equity and Diversity
Centre.
STAFF CONTACTS
Role
Campus
Subject Coordinator
Name
Bundoora
Paghona Peggy Kerdo
Email
Telephone
p.kerdo@latrobe.edu.au
94791133
Room
MARB250
SUBJECT DESCRIPTION
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.
SUBJECT INTENDED LEARNING OUTCOMES (SILOS)
Upon successful completion of this subject, you should be able to:
1
To describe and illustrate knowledge of the regulatory, complaint and disciplinary processes for the legal profession.
2
To describe and illustrate knowledge of the legal aspects of the lawyer/client relationship including the contractual, tortious and
fiduciary nature of the relationship.
3
To describe and illustrate knowledge of the professional ethical responsibilities of a lawyer in the context of daily legal practice.
4
To apply the Legal Profession Act 2004, statutory regulations and rules and the common law governing legal practitioners’ conduct in
relation to client, the courts and other practitioners.
5
To apply the best practice principles of client-centred, non-judgemental legal interviewing, oral and written communication skills.
6
To apply the best practice principles of legal file maintenance to a specific professional and ethical standard.
7
To identify and analyse the professional and ethical responsibilities of a legal practitioner having regard to a variety of lawyering
paradigms and conceptual frameworks.
8
To identify ethical dilemmas facing a legal practitioner and analyse how to handle them in an appropriate and professional manner.
9
To identify the principles relating to legal practitioners and the holding of money on trust.
La Trobe University
3
LEARNING ACTIVITY SUMMARY
Learning Activity:
Schedule
Clinical Placement (9 am – 5 pm)
Weeks 1 – 12, 1 day/week (either
Tuesday, Wednesday or Thursday)
Crash Courses (Online)
Weeks 1 – 12
Lectures/Seminars
Weeks 2—12; Monday 10am – 2 pm
WEEK
DATE
LECTURE TOPIC
SEMINAR TOPIC
1
2 March
No lecture
No Seminar
2
9 March
Foundations of Ethical Legal Practice
3
16 March
Legal Profession Regulation
Ethical issues in legal practice and approaches to
lawyering and skills
Admission to legal practice and skills
4
23March
Misconduct and Discipline of the Profession
5
30 March
Legal foundations of legal practitioner/client
relationship
3 April – 12 April
Complaint and discipline procedures
Definition of misconduct and skills
Establishing a practitioner/client relationship
Easter Break
6
13 April
Corporate legal practitioners and ethical
responsibilities
Fiduciary nature of legal practitioner/client
relationship (including Trust Monies)
Corporate legal practitioners: duty to court and duty to
client
Confidentiality
7
20 April
8
27 April
9
4 May
Duty to avoid conflicts of interest
Conflicts of interest
10
11 May
Duty to administration of justice
11
18 May
12
25 May
Adversarialism and legal practitioners’ duties
to the court
Professional liability in legal practitioner/client
relationship
Legal professional responsibility and access to
justice
Current issues for legal practice and conduct
ANZAC day Holiday – No university
Practitioners legal liability and
Advocates’ Immunity
Ethics in negotiation and ADR; Practitioners duty to
promote access to justice.
Review of unit
Further information is available at http://www.latrobe.edu.au/timetable/
ASSESSMENT AND FEEDBACK SUMMARY
Assessment Tasks:
Due Date
SILOs
%
Comments
Participation & Online Reflective
Journaling
Assessed throughout
semester
5, 7, 8
10%
Participation in Lectures/Seminars/
Clinic. Reflection via journaling using
Pebblepad – Journaling occurs before
leaving clinic after the conclusion of
each clinical day.
Group Assessment (Online)
Assessed throughout
semester
1-4, 7-9
20%
Students will be allocated into small
groups for seminars. All students will
all read the case of the week in
addition to reading set in the Reading
Guide. They will then, as a group,
present an online wiki to the whole
group.
Research Assignment (Online)
Written assessment due on
Friday 12 June 2015
1-3, 7-8
30%
Students select a topic, research and
write 2000 word paper.
Placement
Assessed throughout
semester
1-9
40%
Clinic will be held at the onsite student
clinic operated from the School of Law,
La Trobe Bundoora Campus.
La Trobe University
4
LEARNING RESOURCES
Reading Type
Title
th
Textbook
Practical Legal Skills (4 ed)
(‘Hyams’)
Textbook
Inside Lawyers’ Ethics (2 ed)
(‘Parker & Evans’)
Legislation
Legal Profession Act 2004 (Vic);
nd
Author and Year
Publisher
Ross Hyams et al, 2014
Oxford
Christine Parker and Adrian
Evans, 2014
Cambridge
Legal Profession (Admission) Rules 2008;
Legal Profession Regulations 2005
Law Institute of Victoria Professional Conduct and Practice Rules 2005
Victorian Bar Inc. Practice Rules (as amended).
STUDENT FEEDBACK ON SUBJECT SURVEY
[deleted for modified version]
Policies, Procedures and Guidelines
[deleted for modified version]
Schedule of Learning Activities & Details
Session Plan
Week
Date
Topic
Activity
Assessment %
Resources
SILOs
1
2 March
No lecture/seminar
Nil
Nil
Nil
N/A
3, 4, 5
March
Crash Course:
Introduction to clinic
– file maintenance
Clinical Placement
Part of clinical
assessment
Crash course (online)
3, 5, 6,
8
Ethical issues in legal
practice; approaches
to lawyering; Practical
skills - Interviewing
Reading
Reading: Parker &
Evans, Ch 1 & 2;
1, 2, 7,
8
Crash Course:
Introduction to
immigration law and
process
Clinical Placement
1
2
Crash Course Video: View
before Clinic
Case study/Wiki exercise
No assessment
this week –
practice wikis
Case Study: Legal
Services
Commissioner v PLP
(Legal Practice)
[2014] VCAT 793 (1
July 2014)
9 March
2
10, 11, 12
March
3
Crash Course Video: View
before Clinic
Reading
16 March
Legal Profession
Regulation;
Admission to legal
practice and skills
Hyams: Ch 1 & 2
Case study/Wiki exercise
Part of clinical
assessment
Part of group
assessment
Crash course (online)
3, 5, 6,
8
1-4, 7-8
Reading: Parker &
Evans, Ch 3
Case Study: Legal
Services
Commissioner v
Spicehandler (Legal
Practice) [2012] VCAT
630 (14 May 2012)
La Trobe University
5
Week
3
Date
Topic
Activity
Assessment %
Resources
SILOs
17, 18, 19
March
Introduction to
immigration law Legend
Clinical Placement
Part of clinical
assessment
Crash course (online)
3, 5, 6,
8
Part of group
assessment
Reading: Parker &
Evans, Ch 3
4
23 March
Misconduct and
Discipline of the
Profession; Complaint
and discipline
procedures
Crash Course Video: View
before Clinic
Reading
Case study/Wiki exercise
Case Study:
Oldham v Law
Institute of Victoria
Limited (Legal
Practice) [2012] VCAT
571 (30 May 2012)
Definition of
misconduct and skills.
4
24, 25, 26
March
5
30 March
5
31 March
(no clinic on
1, 2 Apil)
1-4, 7-8
Crash Course:
Clinical Placement
Family violence –
intervention orders
Crash Course Video: View
before Clinic
Legal foundations of
legal
practitioner/client
relationship;
Establishing a
practitioner/client
relationship
Reading
Crash Course: Partner
type visas and the
family violence
exemption.
Clinical Placement
Case study/Wiki exercise
Part of clinical
assessment
Part of group
assessment
Crash course (online)
3, 5, 6,
8
1-4, 7-8
Reading: Parker &
Evans, Ch 4
Case Study:
Kennedy & Cahill, In
the Marriage of, Re
(1995) 118 FLR 60
Crash Course Video: View
before Clinic
Part of clinical
assessment
Crash course (online)
3, 5, 6,
8
EASTER BREAK
6
6
13 April
Corporate legal
practitioners and
ethical
responsibilities;
Corporate legal
practitioners: duty to
court and duty to
client.
14, 15, 16
April
Crash Course: refugee
visas - onshore
20 April
Fiduciary nature of
legal
practitioner/client
relationship
(including Trust
Monies;
Confidentiality.
7
7
21, 22, 23
April
Crash Course: refugee
visas - offshore
Reading
Case study/Wiki exercise
Reading: Parker &
Evans, Ch 6 & Ch 10
1-4, 7-9
Case Study:
Goddard Elliott (A
Firm) v Fritsch [2012]
VSC 87
Clinical Placement
Crash Course Video: View
before Clinic
Reading
Case study/Wiki exercise
Part of clinical
assessment
Part of group
assessment
Crash course (online)
Reading: Parker &
Evans, Ch 4 & Ch 9
3, 5, 6,
8
1-4, 7-8
Case Study:
Kalenik v Apostolidis
[2005] VSC 27
Clinical Placement
Crash Course Video: View
before Clinic
8
No Lecture/ Seminar – ANZAC Day holiday
8
28, 29, 30
April
Crash Course: refugee
visas
Part of group
assessment
Part of clinical
assessment
Part of clinical
assessment
Crash course (online)
Crash course (online)
3, 5, 6,
8
3, 5, 6,
8
La Trobe University
6
Week
Date
Topic
Activity
Assessment %
Resources
SILOs
Reading
Part of group
assessment
Reading: Parker &
Evans, Ch 8
1-4, 7-8
4 May
Duty to avoid
conflicts of interest;
Conflicts of interest.
9
Case study/Wiki exercise
Case Study:
LSC v Francis [2006]
VCAT 581
9
5, 6, 7 May
Crash Course:
Cancellation of visas
11 May
Adversarialism and
legal practitioners’
duties to the court;
Duty to
administration of
justice
12, 13, 14
May
Crash Course: 501
cancellations
10
10
11
18 May
11
19, 20, 21
May
12
25 May
Clinical Placement
Crash Course Video: View
before Clinic
Reading
Case study/Wiki exercise
Part of clinical
assessment
Crash course (online)
Part of group
assessment
Reading: Parker &
Evans, Ch 5
Rees v Bailey
Aluminium Products
Pty Ltd (2008) 21 VR
478
Clinical Placement
Crash Course Video: View
before Clinic
Professional liability
in legal
practitioner/client
relationship;
Practitioners legal
liability and
Advocates’ Immunity
Reading
Crash Course: Review
and Appeal of
adverse visa decisions
Clinical Placement
Legal professional
responsibility and
access to justice;
Ethics in negotiation
and ADR;
Practitioners duty to
promote access to
justice.
Reading
26, 27, 28
May
Crash Course: Getting
ready for practice
1 June – 4
June
STUDY VACTION
5 June – 25
June
CENTRAL
EXAMINATION
PERIOD
1-4, 7-8
Case Study:
Case study/Wiki exercise
Part of clinical
assessment
Crash course (online)
Part of group
assessment
Reading:
3, 5, 6,
8
Case Study:
Pegrum v Fatharly
(1996) 14 WAR 92
Crash Course Video: View
before Clinic
Part of clinical
assessment
Crash course (online)
3, 5, 6,
8
1-4, 7-9
Case study/Wiki exercise
Reading: Parker &
Evans, Ch 5, 7 & 11
Case Study:
Investec Bank
(Australia) Ltd v Mann
[2012] VSC 81
Current issues for
legal practice and
conduct; Review of
unit
12
3, 5, 6,
8
Clinical Placement
Crash Course Video: View
before Clinic
Part of clinical
assessment
Crash course (online)
3, 5, 6,
8
La Trobe University
7
Learning Management System (LMS)
The Learning Management System (LMS) is an Internet based system which allows you access to learning materials and to interact with other
students and teaching staff in activities related to your studies from any location with Internet access. Most subjects have a LMS site into
which you are automatically added as part of your enrolment into the subject.
The LMS can be accessed at: https://www.latrobe.edu.au/lms/login/ by using your Username and Password provided to you on your
Statement of Account. If you are having trouble accessing the LMS or want to find out more about LMS, please see the website at:
http://www.latrobe.edu.au/lms/
Library
The Library has many valuable physical and online learning resources that can help you with your study. On campus students should get to
know the physical Library environment by going on a Library Tour. All students should get familiar with the Library website where online
resources include:

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

LibGuides [http://latrobe.libguides.com/index.php] – providing specific discipline and subject guides;
LibSkills [http://latrobe.libguides.com/libskills] – to teach you library research and information literacy skills;
LibChat [http://www.lib.latrobe.edu.au/] - a library discussion forum allowing you to chat with a Librarian;
Academic Referencing Modules [http://latrobe.libguides.com/referencingmodules] – to assist you to understand specific
referencing styles;
Academic Referencing Tool [http://www.lib.latrobe.edu.au/referencingtool/non-flash/index.php] – providing detailed
referencing examples; and,
Assignment Calculator [http://www.latrobe.edu.au/library/assignment-thesis-support] – to assist you in time managing your
assignments and submitting on time.
Student Support Services
[deleted for modified version]
Peer Learning Advisers
[deleted for modified version]
La Trobe University
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Assessment and Feedback Details
Assessment Task 1
Due Date
%
SILOs Assessed
Participation & Online Reflective Journaling (Pebblepad)
Assessed throughout
semester
10
5, 7, 8
Submission Details
Assessed throughout the semester.
Grading Criteria and Feedback








evidence of reading and homework completed, thought about and reflected upon during class;
active participation in class discussion;
the level of understanding of materials;
capacity to offer relevant social and legal commentary and critique;
clarity and depth of ideas;
completion of any group work and tasks;
evidence of legal understanding and knowledge
depth of analysis, synthesis, evaluation and sophistication and degree of thought through presentation of ideas, concepts and
implications in readings into a broader law in context sphere.
Description of Task
Active participation in class and clinic day discussions and debriefing. An online journal will be kept throughout the semester using Pebblepad.
The students must make entries into the online journal at the end of every clinic day. Supervisor will make comments, suggestions, feedback in
the online entries.
Assessment Task 2
Due Date
%
SILOs Assessed
Group assessment (Online wiki)
Assessed throughout
semester
20
1-4, 7-9
Submission Details
Assessed throughout the semester.
Grading Criteria and Feedback





Legal understanding and knowledge of case demonstrated;
Originality of ideas and presentation; complexity and insight in dealing with case;
Evidence of constructive work in a group situation;
Well presented, clear and concise; interesting and engaging;
Evidence of ability to link case to readings.
Description of Task
All students must read the case of the week and the set reading. Using an online wiki tool, students in their assigned group submit an online
wiki, summarising the weekly case. All wikis are presented during the Monday classes.
Assessment Task 3
Due Date
%
SILOs Assessed
Research paper (Online research)
12 June 2015
30
1-3, 7-8
Submission Details
2000 word research paper on one of the topics given (will be released after week 6)
Grading Criteria and Feedback









Thorough online research of legal issue
Thorough online research of primary materials
Appropriate coverage of secondary materials, ie articles, journals
Use of theoretical material where appropriate
well defined approach to topic
important points covered
material chosen appropriately and analysed rather than reproduced
each point clearly related to the thrust of the essay
no plagiarism
La Trobe University
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






originality of ideas for law reform/policy change
complexity and insight in dealing with theory/ideas
interdisciplinary perspective where appropriate
suggestions for change where appropriate
good use of structure; section headings and paragraphs
arguments logical and well organised; ideas linked together coherently
relevant evidence to support proposition
well reasoned conclusions
Description of Task
All students must submit a research paper on a subject selected from a range of given topics.
Assessment Task 4
Due Date
%
SILOs Assessed
Clinical Placement Performance
Assessed throughout
semester
40
1-9
Submission Details
Assessed throughout the semester. Formative assessment in week 6.
Grading Criteria and Feedback
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








Accurate documentation of all action on the file in file notes;
Completing all file notes (date, name of client, time started/completed, action required) and signing off;
Accuracy in letter writing – eg correct name and address of client;
Adhering to precedents specific to practice – eg , correct precedent, placement of punctuation etc;
Neatness of files according to requirements of supervisor/practitioner;
Correct placement of documents in file;
Copies of all outgoing correspondence on file and in order;
Respectful and appropriate interaction with clients, staff and colleagues;
Performance in a team environment;
Performance in terms of conduct, professionalism, legal understanding and knowledge, communication and writing skills, tidiness,
attention to file and file management, maintenance of detailed filenotes, ability to plan, client approach, legal and ethical
professional attitude.
Description of Task
Students will attend clinic one day per week for 12 weeks. In this time, they will be working on client files in teams, whilst under supervision.
Detailed Grading Criteria
Assessment Task 1 (10% of total mark) Participation & Online Reflective Journaling
Evidence of reading and homework completed, thought about and reflected upon during class and in online reflective journals;
Attendance at all classes/seminars and active participation in class, in-depth discussions demonstrating connection with class
materials and activities;
Engagement in online reflective journaling at the conclusion of each clinic day;
Capacity to offer relevant social and legal commentary and critique;
Completion of any group work and tasks.
Assessment Task 2 (20% of total mark) Group Assessment (In class/Online)
Legal understanding and knowledge of case demonstrated ;
Originality of ideas and presentation; complexity and insight in dealing with case;
Evidence of constructive work in a group situation;
Well presented, clear and concise; interesting and engaging;
Evidence of link of case to readings.
/20
/20
/20
/20
/20
/20
/20
/20
/20
/20
Assessment Task 3 (30% of total mark) Research Assignment (Online)
1. Research Skills:

Thorough online research of legal issue

Thorough online research of primary materials

Appropriate coverage of secondary materials, ie articles, journals

Use of theoretical material where appropriate
2. Content:

well defined approach to topic
/20
/20
La Trobe University
10

important points covered

material chosen appropriately and analysed rather than reproduced

each point clearly related to the thrust of the essay

no plagiarism
3. Synthesis/Innovation:

originality of ideas for law reform/policy change

complexity and insight in dealing with theory/ideas

interdisciplinary perspective where appropriate

suggestions for change where appropriate
4. Structure/Arguments:

good use of structure; section headings and paragraphs

arguments logical and well organised; ideas linked together coherently

relevant evidence to support proposition

well reasoned conclusions

recommendations useful and practical

sources well organised
5. Expression/Style:

style according to AGLC

correct use of primary sources

well presented

clarity and conciseness of expression

direct and assertive

consistent theme

interesting and engaging of the reader

use of correct terminology

grammar, syntax, spelling correct with effective vocabulary
/20
/20
/20
Assessment Task 4 (45% of total mark) Clinical Placement Performance
1.
Understanding of the purposes of taking instructions (including fact gathering, interview control, communicating advice):
2.
Understanding of the requirements of professionalism (including punctuality, team approach, ethical sensitivity, reliability, sensitivity
to clients’ needs):
/10
3.
Reflection on improvement or lack of improvement during the course (extent to which a student is aware of, and is learning from,
their mistakes and taking appropriate initiatives):
/10
4.
Depth of discussion initiated with supervisor (including application of law, awareness of alternatives, degree of justice/injustice in
the case, summation of advice):
/25
5.
Development of lawyering skills (including initiative, research, written communication, maintenance of files, understanding of word
processing quality control, mailing, emailing, payment and accounting processes):
/45
La Trobe University
/10
11