School: Business and Law

This unit information may be updated and amended immediately prior to semester. To ensure you have the correct outline, please check it again at the beginning of semester.

  • Unit Title

    Legal Ethics and Professional Responsibility
  • Unit Code

    LAW4704
  • Year

    2017
  • Enrolment Period

    1
  • Version

    3
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus
    Online
  • Unit Coordinator

    Mr Anthony Joseph HEVRON

Description

This unit examines the regulation of the legal profession in Western Australia and lawyers' professional obligations. The unit covers the regulation of admission to the profession, and the ongoing requirements to remain admitted, and the lawyers' conduct in practice. The unit considers both the legally binding obligations of certified practitioners, and the ethical concerns of the legal profession.

Prerequisite Rule

Students must pass 1 units from LAW4604

Learning Outcomes

On completion of this unit students should be able to:

  1. Evaluate and discuss both the binding rules and the ethical values of practice.
  2. Reflect critically on the practical difficulties and ethical tensions that a practising lawyer may experience in discharging their professional obligations.
  3. Demonstrate understanding of the: a) Regulation of the legal profession in Western Australia; b) Content and objective of the ethics and standards of the legal profession including statutory duties in legal practice, and c) Duties arising within the adversarial system, and the relationships between them.
  4. Generate action plans for professional conduct that demonstrate a capacity to: a) Identify appropriate professional and personal conduct in respect of a practitioner's duty: i.to the law; ii.to the Courts; iii.to clients, including a basic knowledge of the principles relating to the holding of money on trust; and iv.to fellow practitioners. b) undertake responsible ethical problem solving in professional practice, including the effective management of any conflicts that may occur between practitioners various ethical obligations.
  5. Argue, critique and/or justify a position on a current ethical issue or concern in legal practice.

Unit Content

  1. Practitioners' obligations with respect to costs agreements, fees and trust funds.
  2. Lawyers' obligations to the public.
  3. The practitioner's obligations to the courts.
  4. The practitioner's obligations to clients.
  5. Regulation of the legal profession in Western Australia, including the requirements of Admission and Disciplinary Processes.
  6. Introduction to ethics and professional responsibility.

Additional Learning Experience Information

This unit will be offered in the on-campus and off-campus modes.

On-campus students will attend a weekly 3-hour seminar.

Off-campus students will access the unit via Blackboard. Regular online access is required.

Assessment

GS1 GRADING SCHEMA 1 Used for standard coursework units

Students please note: The marks and grades received by students on assessments may be subject to further moderation. All marks and grades are to be considered provisional until endorsed by the relevant Board of Examiners.

ON CAMPUS
TypeDescriptionValue
AssignmentAssignment60%
ExaminationFinal examination30%
ParticipationTutorial Participation for On-campus students10%
ONLINE
TypeDescriptionValue
AssignmentAssignment60%
ExaminationFinal examination30%
ParticipationTutorial Participation for On-line Students10%

Disability Standards for Education (Commonwealth 2005)

For the purposes of considering a request for Reasonable Adjustments under the Disability Standards for Education (Commonwealth 2005), inherent requirements for this subject are articulated in the Unit Description, Learning Outcomes and Assessment Requirements of this entry. The University is dedicated to provide support to those with special requirements. Further details on the support for students with disabilities or medical conditions can be found at the Access and Inclusion website.

Academic Misconduct

Edith Cowan University has firm rules governing academic misconduct and there are substantial penalties that can be applied to students who are found in breach of these rules. Academic misconduct includes, but is not limited to:

  • plagiarism;
  • unauthorised collaboration;
  • cheating in examinations;
  • theft of other students' work;

Additionally, any material submitted for assessment purposes must be work that has not been submitted previously, by any person, for any other unit at ECU or elsewhere.

The ECU rules and policies governing all academic activities, including misconduct, can be accessed through the ECU website.

LAW4704|3|1

School: Business and Law

This unit information may be updated and amended immediately prior to semester. To ensure you have the correct outline, please check it again at the beginning of semester.

  • Unit Title

    Legal Ethics and Professional Responsibility
  • Unit Code

    LAW4704
  • Year

    2017
  • Enrolment Period

    2
  • Version

    3
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus
    Online
  • Unit Coordinator

    Mr Anthony Joseph HEVRON

Description

This unit examines the regulation of the legal profession in Western Australia and lawyers' professional obligations. The unit covers the regulation of admission to the profession, and the ongoing requirements to remain admitted, and the lawyers' conduct in practice. The unit considers both the legally binding obligations of certified practitioners, and the ethical concerns of the legal profession.

Prerequisite Rule

Students must pass 1 units from LAW4604

Learning Outcomes

On completion of this unit students should be able to:

  1. Evaluate and discuss both the binding rules and the ethical values of practice.
  2. Reflect critically on the practical difficulties and ethical tensions that a practising lawyer may experience in discharging their professional obligations.
  3. Demonstrate understanding of the: a) Regulation of the legal profession in Western Australia; b) Content and objective of the ethics and standards of the legal profession including statutory duties in legal practice, and c) Duties arising within the adversarial system, and the relationships between them.
  4. Generate action plans for professional conduct that demonstrate a capacity to: a) Identify appropriate professional and personal conduct in respect of a practitioner's duty: i.to the law; ii.to the Courts; iii.to clients, including a basic knowledge of the principles relating to the holding of money on trust; and iv.to fellow practitioners. b) undertake responsible ethical problem solving in professional practice, including the effective management of any conflicts that may occur between practitioners various ethical obligations.
  5. Argue, critique and/or justify a position on a current ethical issue or concern in legal practice.

Unit Content

  1. Practitioners' obligations with respect to costs agreements, fees and trust funds.
  2. Lawyers' obligations to the public.
  3. The practitioner's obligations to the courts.
  4. The practitioner's obligations to clients.
  5. Regulation of the legal profession in Western Australia, including the requirements of Admission and Disciplinary Processes.
  6. Introduction to ethics and professional responsibility.

Additional Learning Experience Information

This unit will be offered in the on-campus and off-campus modes.

On-campus students will attend a weekly 3-hour seminar.

Off-campus students will access the unit via Blackboard. Regular online access is required.

Assessment

GS1 GRADING SCHEMA 1 Used for standard coursework units

Students please note: The marks and grades received by students on assessments may be subject to further moderation. All marks and grades are to be considered provisional until endorsed by the relevant Board of Examiners.

ON CAMPUS
TypeDescriptionValue
AssignmentAssignment60%
ExaminationFinal examination30%
ParticipationTutorial Participation for On-campus students10%
ONLINE
TypeDescriptionValue
AssignmentAssignment60%
ExaminationFinal examination30%
ParticipationTutorial Participation for On-line Students10%

Core Reading(s)

  • (2013). Lawyer's professional responsibility . (5th ed.). Sydney: Thomason Reuters.

Disability Standards for Education (Commonwealth 2005)

For the purposes of considering a request for Reasonable Adjustments under the Disability Standards for Education (Commonwealth 2005), inherent requirements for this subject are articulated in the Unit Description, Learning Outcomes and Assessment Requirements of this entry. The University is dedicated to provide support to those with special requirements. Further details on the support for students with disabilities or medical conditions can be found at the Access and Inclusion website.

Academic Misconduct

Edith Cowan University has firm rules governing academic misconduct and there are substantial penalties that can be applied to students who are found in breach of these rules. Academic misconduct includes, but is not limited to:

  • plagiarism;
  • unauthorised collaboration;
  • cheating in examinations;
  • theft of other students' work;

Additionally, any material submitted for assessment purposes must be work that has not been submitted previously, by any person, for any other unit at ECU or elsewhere.

The ECU rules and policies governing all academic activities, including misconduct, can be accessed through the ECU website.

LAW4704|3|2