Ethics and Professional Responsibility Subject Outline PDF

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Faculty of Business and Law SCHOOL OF LAW

SUBJECT OUTLINE

LLB1197 Ethics and Professional Responsibility 6 Credit Points

LLB 197 Lawyers and Australian Society 8 Credit Points Spring Session 2020 Wollongong – Remote Delivery South Western Sydney – Remote Delivery Pre-requisites LLB1197 : Pre-requisites LLB 197 : Co-requisites LLB1197 : Co-requisites LLB 197 : Restrictions: Contact Hours:

LLB1197 – SPRING SESSION 2020

LLB1100 and LLB1115 and LLB1120 30 credit points of 100 level LLB subjects LLB1160 and LLB1170 and LLB1180 LLB160, LLB170, LLB180, LLB140 These subjects are only available to students enrolled in Bachelor of Laws programs. 1 hr online lecture, 2 hr seminar each week

UNIVERSITY OF WOLLONGONG - FACULTY OF BUSINESS AND LAW

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TABLE OF CO NTENTS Section A: Subject Information .......................................................................................................................................... 3 Subject Contacts .............................................................................................................................................................. 3 Subject Details ................................................................................................................................................................. 3 Subject Description ....................................................................................................................................................... 3 Subject Learning Outcomes .......................................................................................................................................... 3 Elearning, Reading, References and Materials ................................................................................................................ 4 Lectures and Seminars ..................................................................................................................................................... 5 Lecture / Seminar Times ............................................................................................................................................... 5 Minimum Attendance Requirements ............................................................................................................................ 5 Weekly Outline ............................................................................................................................................................. 6 Section B: Assessment ........................................................................................................................................................ 7 Assessment Tasks ............................................................................................................................................................ 7 Assessment 1 ................................................................................................................................................................ 8 Assessment 2 ................................................................................................................................................................ 8 Assessment 3 ................................................................................................................................................................ 9 Submission, Receipt and Collection Of Assessment Tasks .......................................................................................... 12 General Assessment Information .................................................................................................................................. 14 Section C: General Advice Guide for Students ............................................................................................................. 15 Student Services and Support ..................................................................................................................................... 15 Policies and Guidelines............................................................................................................................................... 16

Copyright Commonwealth of Australia Copyright Regulations 1969 © 2020 University of Wollongong The original material prepared for this guide is covered by copyright. Apart from fair dealing for the purposes of private study, research, criticism or review, as permitted under the Copyright Act, no part may be reproduced by any process without written permission.

LLB1197 – SPRING SESSION 2020

UNIVERSITY OF WOLLONGONG - FACULTY OF BUSINESS AND LAW

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Section A: Subject Information SUBJ ECT CONTA CTS

Teaching Staff Position

Name

Email

Consultation Mode

Subject Coordinator

Ben Mostyn

[email protected]

Appointments made via email

Seminar Leader

Meredith McLaine

[email protected]

Appointments made via email

Seminar Leader

Dr Dora Anthony

[email protected]

Appointments made via email

Seminar Leader

Karina Murray

[email protected]

Appointments made via email

Key Contacts Name

Contact

Head of Students

Dr. Kylie Lingard

[email protected]

Discipline Leader

Karina Murray

[email protected]

First Year Coordinator

Dr Ryan Kernaghan

[email protected]

BAL Central Location

Telephone

Level 1, Building 40 4221 4478

Email

Web

Hours

[email protected]

BAL Central

9am-5pm Monday - Friday

SU B J ECT D ETA I LS Subje c t De s c r iption The aim of this subject is to encourage an analytical and thoughtful approach to aspects of law, legal practice, ethics and values. This subject will consider the role of lawyers in Australian society and the laws, rules and conventions that influence and govern legal practice. The subject encourages students to consider the nature of professionalism and ethics; the 'legal profession', its regulation, and its rules of conduct; and how the law in practice relates to access to justice. C o ur s e L e a r ning Outc ome s Course Learning Outcomes can be found in the Course Handbook. Students should refer to the Handbook pertaining to the year of their commencement and the course in which they are enrolled. Subje c t L e ar n ing Outc om e s On successful completion of this subject, students will be able to: Subject Learning Outcomes 1.

Explain the nature of the Australian legal profession and the relationship between lawyers and their clients;

2.

Recognise the influence of lawyers in society and the role of lawyers in promoting and contributing to access to justice;

3.

Discuss and apply the legislation, regulations, and rules of conduct governing the legal profession; and

4.

Identify, reflect upon and demonstrate a developing ability to respond to ethical issues facing the legal profession.

LLB1197 – SPRING SESSION 2020

UNIVERSITY OF WOLLONGONG - FACULTY OF BUSINESS AND LAW

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Stude nt Wor kload Students should note that UOW policy equates 1 credit point with 2 hours of study per week, including lectures and tutorials/workshops/practicals, self-directed study and work on assessment tasks. For example, in a 6 credit point subject, a total of 12 hours of study per week is expected. Subje c t Chang e s and Re s pons e to Stude nt Fe e dbac k

2020

As part of UOW’s response to the COVID-19 (novel coronavirus) pandemic, this subject has been converted to a remotely delivered subject. As part of this, Ben Mostyn the Class Participation assessment task has been changed to Online Engagement and re-weighted and the other assessment tasks adjusted in weight.

E xtr aor dinar y C hange s to the Subje c t Outline In extraordinary circumstances the provisions stipulated in this Subject Outline may require amendment after the Subject Outline has been distributed. All students enrolled in the subject must be notified and have the opportunity to provide feedback in relation to the amendment, where practicable, prior to the amendment being finalised. L e ar ning A nalytic s Where Learning Analytics data (such as student engagement with Moodle, access to recorded lectures, University Library usage, task marks, and use of SOLS) is available to the Subject Coordinator, this may be used to assist in analysing student engagement, and to identify and recommend support to students who may be at risk of failure. If you have questions about the kinds of data the University uses, how we collect it, and how we protect your privacy in the use of this data, please refer to https://www.uow.edu.au/about/privacy/index.html. Y our Pr ivac y – L e c tur e R e c or din g In accordance with the Student Privacy & Disclosure Statement, when undertaking our normal teaching and learning activities, the University may collect your personal information. This collection may occur incidentally during the recording of lectures in equipped venues (i.e. when your identity can be ascertained by your image, voice or opinion), therefore the University further advises students that: • Lecture recordings are made available to students, university staff, and affiliates, securely on the University’s Echo360 ALP (Active Learning Platform) via the eLearning platform Moodle; • Recordings are made available only for the purpose for which they were recorded, for example, as a supplemental study tool or to support equity and access to educational resources; • Recordings are stored securely for up to four years. If you have any concerns about the use or accuracy of your personal information collected in a lecture recording, you may approach your Subject Coordinator to discuss your particular circumstances. The University is committed to ensuring your privacy is protected. If you have a concern about how your personal information is being used or managed please refer to the University’s Privacy Policy or consult our Privacy webpage https://www.uow.edu.au/privacy/

EL EA RNING, REA DING, REFERENCES A ND MA TERIA L S Subje c t e L e ar n ing The University uses the eLearning system Moodle to support all coursework subjects. The subject Moodle site can be accessed via SOLS. You can find guidelines to eLearning here http://www.uow.edu.au/student/elearning/guide/index.html You can find guidelines to ‘Netiquette’ here https://www.uow.edu.au/student/learning-co-op/technology-andsoftware/common-digital-communication-channels/ Re mote Study Suppo r t Site In addition to the Subject Moodle site, the Remote Study Support Moodle site (CRSE027_20) is accessible to support your studies from remote locations around the globe until you can return to on campus study. This site will appear as an additional site on your list of active Moodle subject sites. This site contains comprehensive information with a range of resources related to teaching and learning as well as other student support information.

LLB1197 – SPRING SESSION 2020

UNIVERSITY OF WOLLONGONG - FACULTY OF BUSINESS AND LAW

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Pr e s c r ibe d T e xts •

John Littrich and Karina Murray, Lawyers in Australia (Federation Press, 4th ed, 2019)

Students are also encouraged to print out a copy of the Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015 (NSW) - also available on the Moodle site. NOTE: Subject materials, such as Textbooks and Subject Readers, can be purchased through the UniShop. Re c omm e nde d Re ad ings / Vi e wing / L is te ning These resources are recommended and are not intended to be exhaustive. Students are encouraged to use the Library catalogue and databases to locate additional resources and supplement the recommendations with resources discovered through their own research, both online and in hard copy. UOW Library: http://www.library.uow.edu.au/index.html Most subject information resources, e.g. Subject Readings are accessible online. Print text books and recommended readings are available from the Library collections. Text books may be available for a 2-day loan. Use Library search to locate titles. • • • • • •

Baron, Paula and Lillian Corbin, Ethics and Legal Professionalism in Australia (Oxford University Press, 2nd ed, 2017) Dal Pont, GE, Lawyers' Professional Responsibility (Thomson Reuters, 6th ed, 2016) Parker, Christine and Adrian Evans, Inside Lawyers’ Ethics (Cambridge University Press, 3rd ed, 2018) Ross, Ysaiah, Ethics in Law: Lawyers’ Responsibility and Accountability in Australia (LexisNexis Butterworths, 6th ed, 2013) Ross, Ysaiah and Peter MacFarlane, Lawyers’ Responsibility & Accountability: Cases, Problems & Commentary (LexisNexis Butterworths, 4th ed, 2011) Wolski, Bobette, Skills, Ethics and Values for Legal Practice (Lawbook Co, 2nd ed, 2009)

Othe r R e s o ur c e s There are a number of online sources that might be useful/relevant for this subject – see the Moodle site for links. In particular, students are encouraged to print out a copy of the Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015 (NSW).

L ECT U R ES A ND S EMI NA R S L e c tur e / Se minar T ime s Current timetable information is located at http://www.uow.edu.au/student/timetables/index.html. Minimu m Atte ndan c e Re quir e me nts Students are expected to engage in the online learning activities, including participating in any remotely delivered seminars in order to achieve the Subject Learning Outcomes. L e c tur e R e c or dings The University of Wollongong supports the recording of lectures as a supplemental study tool, to provide students with equity of access, and as a technology-enriched learning strategy to enhance the student experience. If you make your own recording of a lecture you can only do so with the explicit permission of the lecturer and those people who are also being recorded. You may only use recorded lectures, whether they are your own or recorded by the University, for your own educational purposes. Recordings cannot be altered, shared or published on another platform, without permission of the University, and to do so may contravene the University’s Copyright Policy, Privacy Policy, Intellectual Property Policy, IT Acceptable Use Policy and Student Conduct Rules. Unauthorised sharing of recordings may also involve a breach of law under the Copyright Act 1969.

LLB1197 – SPRING SESSION 2020

UNIVERSITY OF WOLLONGONG - FACULTY OF BUSINESS AND LAW

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We e kly Outline This is a guide to the weekly topics however the sequence of these topics may on occasion vary due to unforeseen circumstances. Check the Subject Moodle site for more details Week / Date

Outline of Topic

Readings

Task Due

Lawyers & Lawyering • Who are lawyers? • Legal Culture

Text Ch 1 and 3

Week 1 3 August

Students should look over relevant legislation and conduct rules on Moodle.

The Ethical Framework • Theories of ethics • Legal education: Can ethics be taught? • Professional Identity

Text Ch 2 and 5

Week 2 10 August

Week 3 17 August

Admission to “the Profession” • Structure of the legal profession • Requirements for admission

Text Ch 6 and 7 Case

Quiz: Saunders

Week 4 24 August

Regulation and Discipline • Self, co and external regulation • Complaints and disciplinary proceedings

Text Ch 8 Case

Forum: Students are required to make one forum post.

Week 5 31 August

The Lawyer Client Relationship • The duty matrix • The retainer and duty to advise

Text Ch 9, 11, and pp 214-218.

Quiz: Recap on Weeks 3 – 5.

Week 6 7 - 11 September Week 7 14 September Week 8 21 September

Reading Week: No lectures or seminars Interim Online Engagement released Duty of competence and care • Scope and liability • Advocates’ immunity

Text Ch 12 Case

Forum: Students are required to make one forum post.

Duty of loyalty • Confidentiality

Text Ch 13: pp 274-287

MIDTERM ASSIGNMENT DUE: Monday 21 September

Study Recess: 28 September – 11 October Week 9 12 October

Duty of Loyalty • Conflict of interest • Duty to account

Ch 13: 287-297 Ch 10: pp 221234

Quiz: Recap on Weeks 7 – 9.

Week 10 19 October

Duty to the Courts & the Administration of Justice • Range of overriding duties • Prosecutors’ duties

Text Ch 14 Case

Forum: Students are required to make one forum post.

Duties to others • Duty to the profession • Duties to third parties

Text Ch 15 Case

Quiz: Recap on Weeks 10 – 11.

Week 11 26 October

Access to justice & the profession • Responsibility of the legal profession Future Directions • Current issues facing the profession

Text Ch 16

Week 12 2 November

Forum: Students are required to make one forum post.

Week 13 9 November

Text Epilogue

Revision & Exam preparation

Commencing 16 November

Study Recess Final online engagement released (10%)

Commencing 21 November

Examination Period Final examination (60%)

LLB1197 – SPRING SESSION 2020

UNIVERSITY OF WOLLONGONG - FACULTY OF BUSINESS AND LAW

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Section B: Assessment A S S ES S MENT T A S KS Re quir e me nts R e late d to Stud e nt Contr ibution s Online lecture content will be loaded to the Moodle site by the Thursday prior to the seminar. The lectures provide a framework for the material to be covered in seminars. Seminars will be conducted on the basis that students have watched the lectures and completed any activities. Students are expected to engage in the online learning activities, including participating in any remotely delivered seminars in order to achieve the Subject Learning Outcomes. Students are expected to have completed readings, watched any lecture material, and completed any relevant exercises prior to attending/joining seminars and to participate actively and constructively in seminars. R e fe r e nc ing Referencing is an essential component of academic writing or presentation since it enables the reader to follow up the source of ideas and information presented in your work, and to examine the interpretation you place on the material discovered in your research. Reliable referencing clearly indicates where students have drawn their own conclusions from the evidence presented. Importantly, much of the material students will use is covered by copyright which means that they must acknowledge any source of information, including books, journals, newsprint, images and the internet. It is obligatory for students to reference all sources used in their written work including electronic material. Clear examples of how to reference correctly, across a wide variety of source materials, can be found on the UOW Library website: •

Library Resources - Referencing and Citing http://www.library.uow.edu.au/resourcesbytopic/UOW026621.html

Different programs use different referencing styles to reflect the needs of their discipline. It is the student’s responsibility to ensure they use the correct referencing style as advised in this Subject Outline. Written assessment tasks submitted for LAW and LLB subjects offered by the...