Ethics, Law & Justice - COMPLETE EXAM NOTES

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This is complete! You wont need anything else. Straight to the point and easy to understand. Only includes what you need for your assessments and exam :) Good luck! Table of Contents SESSION 5 3 Law & Order 4 CHAPTER 4: THE JUDICIARY 4 Appointment of Judges (NSW) 4 Criticisms 5 DISCIPLINING JUDGES 5 Common law immunity: 5 Judges can be charged with criminal offence 5 Reasons judges were removed 6 WORKLOAD ISSUES 6 RENUMERATION 6 ADMINISTRATIVE SUPPORT 6 SESSION 6 6 ACCESS TO JUSTICE -- LEGAL EXPENSES 7 TIME-BASED BILLING (BILLABLE HOURS) 7 CONTINGENCY FEES 7 FLAT FEES 7 LEGAL ADVERTISING 7 NO WIN, NO FEE / CONDITIONAL COSTS AGREEMENT 8 LITIGATION LENDING / LITIGATION FUNDING COMPANIES (LFCs) 8 CLASS ACTIONS & TEST CASES 9 TEST CASES 10 LEGAL AID 10 COMMUNITY LEGAL CENTRES 11 PRO BONO 12 Amicus Curiae 12 ALTERNATIVE DISPUTE RESOLUTION & ETHICS 12 INEQUALITY IN ACCESSING JUSTICE THRU LEGAL COSTS 14 SESSION 7 14 CHAPTER 6: REGULATING PROFESSION 15 Professions 15 Division of lawyers 15 Types of Practice 15 In-House / Corporate Practice 16 Self-Regulation Rules: to protect legal profession 16 Restrictive Practices 16 CHAPTER 7: ADMISSION TO PROFESSION 17 Qualifications of Admission 17 Fit and proper: rule 13(1) 17 DUTY OF DISCLOSURE 18 Criteria: Uniform Law, section 17(2)(a) 18 FAILURE TO DISCLOSE: rule 17(1) 19 READMISSION 19 Compliance Certificate 19 CHAPTER 8: CONDUCT, COMPLAINTS, DISCIPLINE 19 Consumer Dispute 20 Professional Negligence 20 Determining Appropriate Penalty 21 MITIGATING CIRCUMSTANCES 21 Professional Misconduct: UL s 297 21 Unsatisfactory Professional Misconduct: specific instances of conduct: UL s 296 21 Conduct capable of constituting to misconduct: s 298 21 Conduct in Law Practice capable of constituting to misconduct 21 Conduct outside Law Practice capable of constitution to misconduct: 22 TWO EVENTS OF COMPULSORY SELF-DISCLOSURE 22 COMPULSORY DISCLOSURE: CONDUCT OF OTHERS 22 SESSION 8 24 DUTY TO CLIENT 24 Consequences of breach 24 BRIEFS 24 RETAINER 24 Grounds for rejecting briefs: Solicitor 26 Acceptance of briefs: Barrister 26 Retainer terms 26 Grounds for terminating retainer: r 27 Solicitor's Lien: r 27 Billing requirements 28 Duty to account money / Trust Money 28 Framework: s 138 28 Public Purpose Funds 29 Fidelity Funds 29 SESSION 9 30 DUTY TO ADVISE 30 Possible Complications 30 STEPS: 30 DUTY OF LOYALTY 32 Duty to act in good faith 32 Duty of Confidentiality 32 Legal Professional Privilege (Attorney-Client Privilege) 33 EXCEPTIONS: the ff. situations do not apply this privilege 33 Discovery 33 Conflicts of In 34 DUTY TO ACCOUNT 35 PENALTY: 35 Infractions: Uniform Law 35 Unintentional Infractions (no citations) 35 MISCONDUCT: s 298 35 OBLIGATIONS: Legal Profession Uniform General Rules 2015 (NSW) 35 DEALINGS: Uniform Law, s 135 35 DEPOSIT: Uniform Law, s 137 36 DEFICIENCY: s 148 36 PUBLIC PURPOSE FUNDS 36 FIDELITY FUNDS: Uniform Law, pt 36 SESSION 10 37 DUTY TO COURT - COMPETENCE: ASCR, rule 37 PRESENCE OF DUTY 37 MAINTANING DUTY 38 LIABILITY TO THIRD PARTIES (SESSION 12) 39 DUTY OF CONFIDENTIALITY (previously discussed) 39 DUTY OF LOYALTY 39 Conflicts of Interest 40 SESSION 11 42 DUTY TO COURT 42 DUTY OF TOTAL HONESTY & CANDOUR: ASCR 19, Incorporated Law Institute of NSW v Meagher 42 HONESTY & CANDOUR - DELINQUENT CLIENTS: clients that are troublemakers 43 HONESTY & CANDOUR - RESPONSIBLE PRIVILEGE: ASCR 21 44 HONESTY & CANDOUR - INTEGRITY OF EVIDENCE 44 DUTY TO COURT - ABUSE OF PROCESS 45 DUTY TO COURT - INDEPENDENCE 45 DUTY TO COURT - COURTESY TO COURT 45 DUTY TO COURT - ROLE OF PROSECUTOR (See document: 'Prosecutor Duties!') 45 SESSION 12 47 DUTY TO COLLEAGUES 47 COMMUNICATION 47 NEGOTIATION 47 UNDERTAKINGS 47 NOT COMMUNICATE WITH OTHER LAWYER'S CLIENT 48 MISTAKES BY ANOTHER LAWYER/GOVERNMENT AUTHORITY 48 COMPLAINTS AGAINST OTHER LAWYERS 49 TRANSFER OF CLIENT 49 RELATIONSHIP WITH COUNSEL 50 MODEL LITIGANT: Attorney-general's Department of Commonwealth 50 DUTY TO THIRD PARTIES 50 RULES: 50 SELF-REPRESENTED LITIGANT (SRL) 51 LIABILITY TO THIRD PARTIES (SESSION 12) 51