HDQUALITY - LEGAL PRACTICE AND ETHICS NOTES (Updated for 2021)

Description

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 > ADVICE PRIVILEGE > LITIGATION 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