✅ HD APPROVED - LEGAL PRACTICE & ETHICS (UPDATED FOR 2026) - MLP235

Description

Don't leave your Ethics marks to chance. I used these comprehensive, HD-level notes to dominate the exam in T3 2025. They have been fully updated for the 2026 curriculum to ensure you have every relevant authority at your fingertips. These notes cover: 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 - 1. Conflicts of interest - (a)Lawyer-client (interest-duty) conflict - (b) Client-client (duty-duty) conflict - Successive Clients - Information barriers - 2. 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 - Independence: Lawyer as a witness - Independence: Conflict of interest - Independence: Relationship with the client - Independence: Relationship with opposing lawyer - Independence: Relationship with the court - Candour/frankness - Candour/frankness: In the presentation of the law - Candour/frankness: 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