✅ HD APPROVED - LEGAL PRACTICE & ETHICS COMPREHENSIVE NOTES (Updated for 2022)

Description

These are the comprehensive notes I used in the MLL235 Legal Practice and Ethics exam to score a HD in T3 2021. 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 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 Defense 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