MLP720 - Legal Practice Ethics & policy HD Notes

Description

Table of Contents Week 1 – Introduction: Ethics, Morality & the Legal Profession 3 Introduction 3 What do we mean by ethics? 3 Sources of ethical obligations (‘the law of lawyering’): Common law 4 Key definitions – s 6 Uniform Law 5 Australian Solicitors’ Conduct Rules 5 The role of the LSB (legal services board) + Commissioner 6 The role of the LIV and VLAB 6 New bodies under the Uniform Law 7 Week 2 – Admission to Practice 8 Uniform Law 8 Honesty & Truthfulness 9 Requirements for admission 9 University study. 9 Practical legal training (coursework or supervised workplace training). 9 Character requirement. 9 Dishonesty generally 10 Criminal history 11 Improper conduct in litigation 12 Academic misconduct 12 Extreme political views 13 Behaviour in previous profession(s) 14 Mental illness 14 Applying for readmission 15 Admission procedure 15 Once admitted 16 Week 3 – Duties owed to clients 17 The retainer 18 Duties owed to clients: Duty of competence 21 Duty of care under tort law 22 Scope of duty 22 Standard of care 23 Immunity for ‘in court’ acts or omissions 24 Breach of duty of competence 24 Week 4 – Conflict of Interest 25 Duty of loyalty 25 1. Conflicts of interest 26 Direct conflicts – conflict between acting in the best interests of the client and the lawyer seeking to protect or advance their own interests (see rule 12 ASCR). 26 Indirect conflicts – conflict between concurrent or successive clients (see rules 11 and 10 ASCR, respectively). 29 2. Presumption of undue influence 33 Week 5 – Confidentiality & legal professional privilege 34 Duty of confidentiality 34 Exceptions to duty of confidentiality 36 Breach of duty of confidentiality 38 Legal professional privilege 38 Advice Privilege 39 Litigation Privilege 40 Week 6 – Costs 47 Duty to account 47 ‘Trust money’ 47 Costs 49 Costs Agreements 51 Recovery of costs from clients 53 Liens 55