LAWS1230 COURSE NOTES

Description

LAWS1230 COURSE NOTES Contents Client Interviewing 3 Perspectives of Lawyers 9 – Perspectives of Lawyers 9 What is lawyering? (B&C) 12 Values 13 Identifying personal values 13 Behavioural ethics (IMPORTANT!) 16 Psychological models 17 Case studies 18 The Framework of Lawyering (B&C) 21 Continuity and change in the Australian Legal Profession 24 Entry to profession 30 Class description and outcomes 30 The Admissions Process 35 What is a ‘fit and proper’ person? 45 Lawyers’ Duties 64 Legal Profession Act 2004 64 Legal Profession Regulation 2005 66 Fidelity to the law 69 Loyalty to the client 72 Civility & Courtesy 74 Lawyers’ accountability 81 Lawyers’ Liability 103 Summary of rules 103 A tortious duty of care? 105 Competence 110 Sources of the service obligation 120 The nature and extent of the service obligation 120 Deborah Rhode’s three components of the lawyer as a public citizen 120 The problem of inequitable access to justice 121 Causes of inequitable access to justice 122 Barristers’ Rules and Solicitors’ Rules 130 Presentation 136 Representation and Role Morality 137 Legal Culture and Individual Resilience 140 Discrimination in the workplace 143 Ethics in Criminal Justice: proof and truth 144 ‘Why Lawyers are Unhappy’ – M Seligman, P Verkuil, T Kang 147 Duties of Lawyers in Criminal Justice 152 General rules regarding ethics at the Bar 153 Ethics in civil litigation 160 Class outcomes 160 ‘Effective and ethical negotiations’ – Campbell Bridge SC 160 Cases on ethics in civil litigation 162 Conflicts and confidentiality (IMPORTANT) 166 Confidentiality and the boundaries of disclosure 172 Lawyer’s obligations 173 Money Matters 181 Lawyers and Costs Obligations 181 Costs Agreements 182 THIS NOTE DOES NOT FORM PART OF THE DISCLOSURE OR AGREEMENT AND SHOULD BE DELETED BEFORE THE DOCUMENT IS USED 185 A Scope of Work 186 D Expenses & Disbursements 186 E Contact Person 187 F Estimate of Professional Fees, Internal Expenses and Disbursements 187 G Estimate of Costs Payable and Recoverable on Litigation Outcome 188 Diverse clients 192 Ethics in negotiations and ADR 209 Ethical practices and standards for lawyers in negotiation and mediation 209 Getting to ‘Yes’ – Negotiating an agreement without giving in 215 The Mediator as Moral Witness – David A Hoffman 217 Lawyers and Corporate Misconduct 219 Barriers to ethical decision making 220 Corporate lawyers as corporate citizens 222 Globalisation of law firms 230 Returning to values 231