These are the comprehensive notes I used in the MLL235 Legal Practice and Ethics exam to score a HD in T3 2019. They have been updated for the curriculum for T2 2020, and should be everything you need to score a HD as well.

Topics covered:
Topic 3A – Duties Owed to Clients
> The retainer
> Termination of retainer
>Document lien
> Duties owed to clients: Duty of competence
> Duty of care under tort law
> Immunity for ‘in court’ acts or omissions

Topic 3B – Duties Owed to Clients (Conflicts of interest)
> Duty of loyalty
> Conflicts of interest
> (a)Lawyer-client (interest-duty) conflict
> (b) Client-client (duty-duty) conflict
> Successive Clients
> Information barriers
> Presumption of undue influence

Topic 3C – Duties Owed to Clients
> Duty of confidentiality
> Exceptions to duty of confidentiality
> Breach of duty of confidentiality
> Legal professional privilege
> Privileged information
> Other duties

Topic 4: Duty to Account & Costs
> Duty to account
> ‘Trust money’
> Costs
> Disclosure obligations
> Costs Agreements
> Recovery of costs from clients

Topic 5A – Duty Owed to the Administration of Justice
Duty to the court
> Independence
> Lawyer as a witness
> Conflict of interest
> Relationship with the client
> Relationship with opposing lawyer
> Relationship with the court
> Candour/frankness
> In the presentation of the law
> In the presentation of the facts

Topic 5B – Duty Owed to the Administration of Justice
> Dealing with witnesses
> Communications and relationship with judge
> Public comment during proceedings
> Abuse of process
> Making judgments during the running of a case
> Allegations of criminality, fraud or serious misconduct
> Enforcement of duty to the court
> Prosecuting Counsel
> Criminal Defence Lawyers

Topic 6 – Duties Owed to the Profession and Other Responsibilities
> Professional duties owed to other lawyers
> Professionalism, honesty and courtesy
> Taking advantage of an opponent’s mistake
> Professional duties in communicating with third parties
> Professional duties to unrepresented parties
> Professional duties to other lawyers – undertakings
> Legal duties to third parties

Topic 7 – Complaints and Discipline
> Concept of ‘professional misconduct’
> Disciplinary orders
> Disciplinary procedures
> Types of misconduct


Trimester 3, 2020

55 pages

24,665 words



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