School: Business and Law
This unit information may be updated and amended immediately prior to semester. To ensure you have the correct outline, please check it again at the beginning of semester.
Unit Title
Legal Ethics and Professional Responsibility
Unit Code
LAW4704
Year
2016
Enrolment Period
1
Version
2
Credit Points
15
Full Year Unit
N
Mode of Delivery
On Campus
Online
Description
This unit examines the regulation of the legal profession in Western Australia and lawyers' professional obligations. The unit covers the regulation of admission to the profession, and the ongoing requirements to remain admitted, and the lawyers' conduct in practice. The unit considers both the legally binding obligations of certified practitioners, and the ethical concerns of the legal profession.
Prerequisite Rule
Students must pass 1 units from LAW4604
Learning Outcomes
On completion of this unit students should be able to:
- Argue, critique and/or justify a position on a current ethical issue or concern in legal practice.
- Demonstrate understanding of the: a) Regulation of the legal profession in Western Australia; b) Content and objective of the ethics and standards of the legal profession including statutory duties in legal practice, and c) Duties arising within the adversarial system, and the relationships between them.
- Evaluate and discuss both the binding rules and the ethical values of practice.
- Generate action plans for professional conduct that demonstrate a capacity to: a) Identify appropriate professional and personal conduct in respect of a practitioner's duty: i.to the law; ii.to the Courts; iii.to clients, including a basic knowledge of the principles relating to the holding of money on trust; and iv.to fellow practitioners. b) undertake responsible ethical problem solving in professional practice, including the effective management of any conflicts that may occur between practitioners various ethical obligations.
- Reflect critically on the practical difficulties and ethical tensions that a practising lawyer may experience in discharging their professional obligations.
Unit Content
- Introduction to ethics and professional responsibility.
- Lawyers' obligations to the public.
- Practitioners' obligations with respect to costs agreements, fees and trust funds.
- Regulation of the legal profession in Western Australia, including the requirements of Admission and Disciplinary Processes.
- The practitioner's obligations to clients.
- The practitioner's obligations to the courts.
Additional Learning Experience Information
This unit will be offered in the on-campus and off-campus modes. On-campus students will attend a weekly 3-hour seminar. Off-campus students will access the unit via Blackboard. Regular online access is required.
Assessment
GS1 GRADING SCHEMA 1 Used for standard coursework units
Students please note: The marks and grades received by students on assessments may be subject to further moderation. All marks and grades are to be considered provisional until endorsed by the relevant Board of Examiners.
ON CAMPUSType | Description | Value |
---|
Assignment | Assignment | 60% |
Examination | Final examination | 30% |
Participation | Tutorial Participation for On-campus students | 10% |
ONLINEType | Description | Value |
---|
Assignment | Assignment | 60% |
Examination | Final examination | 30% |
Participation | Tutorial Participation for On-line Students | 10% |
Text References
- ^ Dal Pont, G E, (2013). Lawyer's professional responsibility ( 5th ed.). Sydney: Thomason Reuters.
- ^ LEGISLATION Legal Profession Act 2008 (WA) Legal Profession (Admission) Rules 2009 (WA) Legal Profession Rules 2009 (WA) Legal Profession Regulations 2009 (WA) Legal Profession (Professional Conduct Rules) 2010 (WA)
- Dal Pont, G.E. (2009). Law of costs (2nd ed.). Chatswood, NSW:LexisNexis.
- Evans, A., & Parker, C. (2007). Inside lawyers' ethics. Melbourne, VIC: University Press.
- Hayes, S., Stobbs, N., & Lauch, M. (2006). Social ethics for legal and justice professionals. Australia: Pearson Education.
Website References
^ Mandatory reference
Disability Standards for Education (Commonwealth 2005)
For the purposes of considering a request for Reasonable Adjustments under the Disability Standards for Education (Commonwealth 2005), inherent requirements for this subject are articulated in the Unit Description, Learning Outcomes and Assessment Requirements of this entry. The University is dedicated to provide support to those with special requirements. Further details on the support for students with disabilities or medical conditions can be found at the Access and Inclusion website.
Academic Misconduct
Edith Cowan University has firm rules governing academic misconduct and there are substantial penalties that can be applied to students who are found in breach of these rules. Academic misconduct includes, but is not limited to:
- plagiarism;
- unauthorised collaboration;
- cheating in examinations;
- theft of other students' work;
Additionally, any material submitted for assessment purposes must be work that has not been submitted previously, by any person, for any other unit at ECU or elsewhere.
The ECU rules and policies governing all academic activities, including misconduct, can be accessed through the ECU website.
LAW4704|2|1
School: Business and Law
This unit information may be updated and amended immediately prior to semester. To ensure you have the correct outline, please check it again at the beginning of semester.
Unit Title
Legal Ethics and Professional Responsibility
Unit Code
LAW4704
Year
2016
Enrolment Period
2
Version
3
Credit Points
15
Full Year Unit
N
Mode of Delivery
On Campus
Online
Description
This unit examines the regulation of the legal profession in Western Australia and lawyers' professional obligations. The unit covers the regulation of admission to the profession, and the ongoing requirements to remain admitted, and the lawyers' conduct in practice. The unit considers both the legally binding obligations of certified practitioners, and the ethical concerns of the legal profession.
Prerequisite Rule
Students must pass 1 units from LAW4604
Learning Outcomes
On completion of this unit students should be able to:
- Evaluate and discuss both the binding rules and the ethical values of practice.
- Reflect critically on the practical difficulties and ethical tensions that a practising lawyer may experience in discharging their professional obligations.
- Demonstrate understanding of the: a) Regulation of the legal profession in Western Australia; b) Content and objective of the ethics and standards of the legal profession including statutory duties in legal practice, and c) Duties arising within the adversarial system, and the relationships between them.
- Generate action plans for professional conduct that demonstrate a capacity to: a) Identify appropriate professional and personal conduct in respect of a practitioner's duty: i.to the law; ii.to the Courts; iii.to clients, including a basic knowledge of the principles relating to the holding of money on trust; and iv.to fellow practitioners. b) undertake responsible ethical problem solving in professional practice, including the effective management of any conflicts that may occur between practitioners various ethical obligations.
- Argue, critique and/or justify a position on a current ethical issue or concern in legal practice.
Unit Content
- Practitioners' obligations with respect to costs agreements, fees and trust funds.
- Lawyers' obligations to the public.
- The practitioner's obligations to the courts.
- The practitioner's obligations to clients.
- Regulation of the legal profession in Western Australia, including the requirements of Admission and Disciplinary Processes.
- Introduction to ethics and professional responsibility.
Additional Learning Experience Information
This unit will be offered in the on-campus and off-campus modes. On-campus students will attend a weekly 3-hour seminar. Off-campus students will access the unit via Blackboard. Regular online access is required.
Assessment
GS1 GRADING SCHEMA 1 Used for standard coursework units
Students please note: The marks and grades received by students on assessments may be subject to further moderation. All marks and grades are to be considered provisional until endorsed by the relevant Board of Examiners.
ON CAMPUSType | Description | Value |
---|
Assignment | Assignment | 60% |
Examination | Final examination | 30% |
Participation | Tutorial Participation for On-campus students | 10% |
ONLINEType | Description | Value |
---|
Assignment | Assignment | 60% |
Examination | Final examination | 30% |
Participation | Tutorial Participation for On-line Students | 10% |
Text References
- ^ Dal Pont, G E, (2013). Lawyer's professional responsibility ( 5th ed.). Sydney: Thomason Reuters.
- ^ LEGISLATION Legal Profession Act 2008 (WA) Legal Profession (Admission) Rules 2009 (WA) Legal Profession Rules 2009 (WA) Legal Profession Regulations 2009 (WA) Legal Profession (Professional Conduct Rules) 2010 (WA)
- Dal Pont, G.E. (2009). Law of costs (2nd ed.). Chatswood, NSW:LexisNexis.
- Evans, A., & Parker, C. (2007). Inside lawyers' ethics. Melbourne, VIC: University Press.
- Hayes, S., Stobbs, N., & Lauch, M. (2006). Social ethics for legal and justice professionals. Australia: Pearson Education.
Website References
^ Mandatory reference
Disability Standards for Education (Commonwealth 2005)
For the purposes of considering a request for Reasonable Adjustments under the Disability Standards for Education (Commonwealth 2005), inherent requirements for this subject are articulated in the Unit Description, Learning Outcomes and Assessment Requirements of this entry. The University is dedicated to provide support to those with special requirements. Further details on the support for students with disabilities or medical conditions can be found at the Access and Inclusion website.
Academic Misconduct
Edith Cowan University has firm rules governing academic misconduct and there are substantial penalties that can be applied to students who are found in breach of these rules. Academic misconduct includes, but is not limited to:
- plagiarism;
- unauthorised collaboration;
- cheating in examinations;
- theft of other students' work;
Additionally, any material submitted for assessment purposes must be work that has not been submitted previously, by any person, for any other unit at ECU or elsewhere.
The ECU rules and policies governing all academic activities, including misconduct, can be accessed through the ECU website.
LAW4704|3|2