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


UNSW

Term 1, 2019


237 pages

98,651 words

$59.00

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