These are my fully comprehensive detailed notes for MLL235 / MLP235 (Revised for 2024). This is all I used for the exam. I have spent countless hours compiling these notes. My mark was 95 HD for the subject. I scored 95% in the exam using only these notes. These notes are comprehensive and integrate everything learnt in the subject, including the prescribed readings from the textbook, lecture notes, tutorial answers, case summaries, etc. 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 Hope these comprehensive help you smash Legal Practice and Ethics!


Trimester 2, 2023

102 pages

26,192 words



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