H1 (81) DISPUTES & ETHICS COURSE NOTES WITH CASES/HYPO STRUCTURES

Description

Comprehensive notes covering the entirety of the D&E course in 2023 including all case summaries, relevant hypo structures, and Includes topics: 1. Intro - Reasons for resolving disputes through the legal system - Fair trial, civil litigation and civil procedure 2. Access to Justice: The civil procedure reforms, case management and access to lawyers - Case management and ADR - Access to Justice: Alternative Dispute Resolution 3. Overview of the legal ethics regime and the regulation of lawyers - Admission to practise and the disciplinary regime - Pre-litigation considerations 4. Lawyer-client relationship - Commencing proceedings, the role of pleadings and some preliminary reflections on litigation as a way of addressing harms and resolving conflict 5. Defending Proceedings and Striking Out Pleadings 6. How to prevent cases unnecessarily proceeding to trial - Confidential information 7. What is a good lawyer? - Challenges to lawyers' independence and workplace culture 8. Discovery and privilege - Duty to uphold and obey the law 9. Class actions & litigation funding - Class actions - Abuse of process, lawyer's duty to the court 11. Conflicts of interest - Concurrent & successive conflicts - Allocating cost of litigation 13. The morality of the role of the lawyer - The lawyer in a settler society