Unit Information
UNITCODE LWZ320
Unit Title Professional Responsibility
Credit points:
10
Mode:
External/internal
Assumed
knowledge:
It will be assumed that
students undertaking this
unit have the knowledge
being gained from at least
contemporaneous study of
LWZ317 Civil Procedure
Location:
External studies/Casuarina campus
Pre-requisite(s):
Must have passed 2 units in
{LWZ100A, LWZ100B} OR
Must have passed 1 units in
{LWZ001}
Learning
method:
OLR
Year:
2012
Semester:
2
Ken Parish
School:
Law & Business
Unit
coordinator:
phone:
(08) 89466842; mob 0406 292 990
email:
Ken.parish@cdu.edu.au
Unit Description
The unit teaches the ethical obligations of a lawyer to the Law, to the Courts and to the client in the context of
general practice, criminal trials and civil litigation. In particular it deals with issues of privilege, confidentiality
and obligations to the Court. This unit meets the requirements for admission to practice in the area of
'professional conduct' including ASIC accounting.
Learning Outcomes
On completion of this unit a student should be able to:
1.
Identify the ethical obligations of a legal practitioner, particularly in the context of
criminal trials and civil litigation.
2.
Identify and apply the rules of Professional Conduct to the ethical obligations of a
practitioner.
3.
Demonstrate the ability to comply with the requirements of legal trust accounting by
completing the appropriate recording of hypothetical transactions.
4.
Critically evaluate the relationship between the formal rules of a legal practice and
broader notions of ethical conduct.
Teaching and Learning Strategies
The subject will be taught by legal practitioners expert in the fields of legal ethics and trust accounting
respectively. Each weekly session will consist of a 3 hour seminar comprising in part a lecture-style
presentation of topic material and in part interactive tutorial or workshop activities e.g. role-plays and other
exercises in the case of the legal ethics component; actual “hands on” accounting exercises in the trust
accounting component. Students will undertake accounting exercises using actual accounting software,
spreadsheets etc by utilising the “share” application” feature of the virtual classroom system.
Participation
Unit Information Template:
Version 4.0 13/11/09
Administered:
TLQG
Approved:
Senior DVC
Next Review:
November 2010
Students are expected to attend each weekly seminar session over the 12 week semester as far as possible.
Weekly seminars will be “simulcast” via virtual classroom and conducted as far as possible in the Moot Court
(for internal students). A broadband Internet connection (preferably ADSL2 or better) is required for external
students in this unit. These sessions are a critical aspect of learning in this subject, especially in the trust
accounting component where learning is very much practical and “hands on” with students undertaking
accounting/bookkeeping and ethics-related exercises during class time. However students unable to attend
all seminars may discuss with the unit co-ordinator methods whereby they can nevertheless successfully
complete learning activities.
It is expected that students will devote on average 10 hours per week to study of this subject, including the 3
hour weekly seminar. Participation expectations specifically include a requirement for students to undertake
law-related public interest “pro bono” work throughout the semester. Pro bono participation is assessable as
to 10% of the final grade, and may consist of acting (if selected) as a student mentor for first and second year
study groups in relevant B Laws units, undertaking volunteer work for a local Community Legal Service or
other pro bono work approved by the unit co-ordinator. This activity will be assessed by means of
maintenance of a reflective journal throughout the semester together with the unit co-ordinator’s evaluation
of the quality and extent of the student’s pro bono participation.
Communication with the unit co-ordinator may be via email, telephone (office or mobile) or posting on
relevant Learnline discussion boards. Communication with the unit lecturers (who are both busy practising
lawyers) must be solely by email.
Specific details of individual class times can be obtained by accessing the class timetable at:
http://eagle.ntu.edu.au/ntu/apps/syllabus.nsf/studenttt?OpenForm
Overview of Assessment
Item
Description/Focus
Value
Relates to
learning
outcomes
1.
Final (take-home) exam
50 %
1, 2, 4
2.
Short-answer problem based tasks (ethics)
20 %
1, 2, 4
3.
Practical legal accounting/bookkeeping tasks
20 %
1, 2, 3, 4
4.
Pro bono participation assessment
10 %
1, 4
Special Requirements
Nil
Resources See previous material re computer requirements
Required textbook(s)
GE Dal Pont, Lawyers' Professional Responsibility, Lawbook Co, 4th edition, 2010
Required textbooks can be ordered from the CDU Bookshop through their website at
www.cdu.edu.au/bookshop
Learnline (Online Learning System)
Learnline is Charles Darwin University’s on-line learning system.
In this unit, Learnline will be used to:
•
provide important announcements about the unit
•
deliver live and pre-recorded online seminars, tutorials and other learning activities
•
distribute lecture slides, and other study
•
complete online assessments
•
access feedback from tasks and grades for assessable work
•
provide a communication point where you contribute to discussions as part of your assessment,
and to interact with other students in the unit
You will need to connect to the Internet to access it, at http://learnline.cdu.edu.au/
Access to Learnline may not be available until Day 1 of Semester.
If this is your first time using Learnline, click on ‘Student Learnline Support’ in the left-hand navigation panel
BEFORE logging in.
It is recommended that all students have access to regular and reliable broadband access to complete unit
requirements.
Additional Resources
All additional required resources will be accessible via the Learnline site.
However the following are recommended (but not required) if you wish to purchase them:
rd
1.
Ross & MacFarlane, Lawyers’ Responsibility & Accountability, LexisNexis Butterworths, 3 edition,
2007
2.
Legal Accounting Handbook, NSW Law Society, 6 edition, 2008 (available online from NSW Law
Society via http://eshop.lawsociety.com.au/index.php/publications-merchandise/handbooks-andguides.html
th
Learning Schedule
Duration /
Module
Week 1
(week
commencing
16 July 2012)
Week 2
(week
commencing
23 July 2012)
Required
readings or
student learning
activities to be
completed
Topics
A. The Ethical Framework – why are
ethics important in law? The study
of ethics; The intersection between
personal and legal ethics; Public
perceptions of the legal profession;
B. Lawyers as Professionals – what
makes a profession? Is the legal
profession becoming just a legal
business and do we have to worry
about that? Codes of conduct and
likely reform
A. Representation – Rights to legal
representation and access to
justice; representing unpopular or
repugnant clients or causes; special
representation needs – family law
and child protection
B. Communication & control – the
nature of the lawyer-client
relationship; provision of
Dal Pont
Chapter 1
[1.05-1.140,
pages 3-21] plus
additional
material to be
provided
A - Dal Point
Chapter 4 [4.904.125, pages 8186]
Chapter 18
[18.130-18.145
pages 420-423]
B - Dal Pont
Chapter 3 [3.053.225 pages 45-
Assessments
Due
information and advice; duties to
the client and contractual
obligations of a lawyer; special
cases – accused clients, family law
and clients with disabilities or
incapacity
A. Competence & care – competence
as an ethical issue; the standard of
care; the retainer and scope of
representation; liability to nonclients; advocates immunity;
professional indemnity insurance
Week 3
(week
commencing
30 July 2012)
Week 4
(week
commencing 6
August 2012)
Week 5
(week
commencing
13 August
B. Confidentiality & Privilege –
confidentiality as a key
underpinning concept in the
lawyer/client relationship;
exceptions to maintaining
confidentiality; client legal privilege
– the principle and challenges to
maintaining the principle (including
recent enquiries and legislative
interference with the privilege)
A. Conflict of interest & loyalty –
paramountcy of the client’s
interests both during and after the
retainer; identifying different sorts
of conflicts; can conflicts be
resolved? – “Chinese Walls” and
other approaches; Particular
problem cases
B. The adversarial system – history &
development of the adversarial
system; the intersection with
ethics; alternative dispute
resolution
A. Fairness & candour Part 1 – fairness
in negotiations and intersection
with ethical conduct; hopeless
69]
Chapter 4 [4.054.85 pages 7381, 4.130-4.205
pages 87-96]
Chapter 5 [5.055.130 pages 97116]
A - Dal Pont
Chapter 5
[5.135-5.215
pages 116-128]
Chapter 21
[21.05-21.135
pages 467-482]
Chapter 5
[5.220-5.305
pages 128-141]
[5.95 p.110,
5.310 p.141-2]
B - Dal Pont
Chapter 10
[10.05-10.175
pages 231-244]
Chapter 11
[11.05-11.290
pages 245-281]
A - Dal Pont
Chapter 6 [6.056.140 pages
143-162]
Chapters 7 & 8
[7.05-7.130
pages 163-182
& 8.05-8.255
p.183-217]
B - Separate
material to be
provided, plus
Dal Pont
Chapter 21
[21.140-21.285
pages 483-499]
Chapter 12
[12.05-12.100
pages 283-292]
Dal Pont
Chapters 17 &
18 [17.0517.250 pages
Assignment 1
Due date:
Friday, 31
August
2012)
cases, unreasonable expense or
delay; the use and abuse of the
court process; evidence and
witnesses; rudeness and
discourtesy; undertakings
B. Fairness & candour Part 2 – the civil
litigation context; the criminal
litigation context; dealing with
witnesses; perjury; the guilty
accused; duties & role of the
prosecution; duties of the defence
Week 6
(week
commencing
20 August
2012)
Chapter 22
[22.05-22.75
pages 501-510]
A. Structure & regulation – historical
structure of the profession and the
modern situation; anticipated
reform; regulatory institutions and
self-regulation – the current system
and anticipated reform
A - Dal Pont
Chapter 1 [1.901.140 pages 1521] plus
additional
material to be
provided
B. Admission and discipline –
Educational requirements; skills &
values; “Fit and proper” and “of
good fame and character”;
disclosure; the disciplinary
framework – regulatory bodies,
tribunals and courts; standards of
conduct (both in and outside of
professional practice); consumer
disputes
B - Dal Pont
Chapter 2 [2.052.190 page s2343]
Weeks 7 – 8
(weeks
commencing
27 August and
10 September
Trust accounting – theory & ethics
– note midterm break
week
commencing 3
September)
Weeks 9 – 12
(weeks
commencing
17, 24
September
and 1, 8
October)
369-404, 18.0518.125 pages
405-420]
Chapters 23, 24
and 25 [23.0525.140 pages
513-574]
Dal Pont
Chapter 9 plus
additional
materials to be
supplied
(including
tuition program
by Professor
Stephen
Colbran)
Assignment 2
Due date:
Monday, 4
October
Trust accounting – practical exercises
NA
(Formative
legal
accounting
exercises will
be undertaken
Week 12
Final take-home exam 50%
in class during
weeks 9 and
10 in
preparation
for assignment
2)
Available
online 4pm
Friday 12
October –
submitted by
4pm Monday
15 October
Assessment Item 1
Description/Focus:
Value:
Due date:
Length:
Task:
Preparation:
Presentation:
Assessment criteria:
Final (take-home) exam
50 %
Available 4pm Friday 12 October – submitted by 4pm Monday 15 October
2500-3000 words total (estimate)
Essay and/or problem-based questions
Based on entire semester’s work
Essay format answers complying with Australian Guide to Legal Citation. To be
submitted in MS Word or .rtf format via Learnline Grade Centre
As per assessment rubric to be published on Learnline site
Assessment Item 2
Description/Focus:
Value:
Due date:
Length:
Short-answer problem based tasks (ethics)
20 %
Friday 31 August
1000-1500 words
Four (4) short (250-350 words each) answers to problem-based questions :
Task:
1.
General notions of ethical conduct and how they apply in the legal context
2.
Identification and application of rules of professional conduct
3.
Ethical dilemmas in a civil law context
4. Ethical dilemmas in a criminal law context
Preparation:
Presentation:
Assessment criteria:
Assessment Item 3
Based on lectures and readings weeks 1-6.
Essay format answers complying with Australian Guide to Legal Citation. To be
submitted in MS Word or .rtf format via Learnline Grade Centre
As per assessment rubric to be published on Learnline site
Description/Focus:
Value:
Due date:
Length:
Task:
Practical legal accounting/bookkeeping tasks
20 %
Friday 12 October
NA
Adequately described above
Preparation:
Participation in classroom instruction and formative legal accounting exercises in
weeks 7-10; viewing legal accounting videos/instructional program accessed via
Learnline.
Presentation:
To be submitted in spreadsheet format in pro forma template downloaded from
Learnline site; submission via Learnline Grade Centre
Assessment criteria:
Correctness of calculations and methodology
Assessment Item 4
Description/Focus:
Value:
Due date:
Length:
Pro bono participation assessment
10 %
NA - Activity occurs throughout semester, with reflective journal maintained
throughout
NA (200-300 words estimate for each reflective journal entry)
Pro bono participation may consist of acting (if selected) as a student mentor for first
and second year study groups in relevant B Laws units, undertaking volunteer work
for a local Community Legal Service or other pro bono work approved by the unit coTask:
ordinator. This activity will be assessed by means of maintenance of a reflective
journal throughout the semester together with the unit co-ordinator’s evaluation of
the quality and extent of the student’s pro bono participation.
Preparation:
Presentation:
Assessment criteria:
NA
Reflective journal
As per assessment rubric to be published on Learnline site
Please download Assignment Cover Sheet here:
http://www.cdu.edu.au/library/access/AssignmentSubmission.html
CDU Graduate attributes
CDU graduate attributes refer to those skills, qualities and understandings that should be acquired by students
during their time at the University regardless of their discipline of study. (See
http://www.cdu.edu.au/teachingandlearning/gradattributes.html).
In this unit, the following graduate attributes are developed: :
Attribute
Description
Learning
outcomes
Acquisition
Can identify, retrieve, evaluate and use relevant information and current
technologies to advance learning and execute work tasks.
1,2,3,4
Application
Is an efficient and innovative project planner and problem solver, capable
of applying logical and critical thinking to problems across a range of
disciplinary settings and has self-management skills that contribute to
personal satisfaction and growth.
1,2,3,4
Creativity
Can conceive of imaginative and innovative responses to future
orientated challenges and research.
1,2,4
Has an understanding of the broad theoretical and technical concepts
related to their discipline area, with relevant connections to industry,
professional, and regional and indigenous knowledge.
1,2,3,4
Knowledge base
1,2,3,4
Communication
Demonstrates oral, written, and effective listening skills as well as
numerical, technical and graphic communication skills in a cross
generational environment.
Team work
Has a capacity for and understanding of collaboration and co-operation
within agreed frameworks, including the demands of inter-generational
tolerance, mutual respect for others, conflict resolution and the
negotiation of productive outcomes.
Not taught or
assessed
Social
responsibiity
Is able to apply equity values, and has a sense of social responsibility,
sustainability, and sensitivity to other peoples, cultures and the
environment.
1,2,4
Flexibility
Can function effectively and constructively in an inter-cultural or global
environment and in a variety of complex situations.
1,2,4
Leadership
Can exercise initiative and responsibility, taking action and engaging
others to make a positive difference for the common good.
Not taught or
assessed