LAWS4101 Tutorial 6 Questions - Beyond your law degree PDF

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LAWS4101 FOUNDATIONS OF LAW AND LAWYERING Tutorial 6 Beyond your law degree: The legal profession, practice and ethics This tutorial has two parts. Part A concerns legal practice and ethics; part B concerns trends in the legal profession. Part A Answer the following questions, and give reasons for your answers. Refer to chapter 5 of Laying Down the Law (10th edition) as necessary. 1.

Which of the following could NOT be said to be one of the objects of the professional conduct rules for barristers in Australia? (a) (b) (c) (d)

To discharge all obligations by reference to the Commonwealth’s Model Litigant Rules. To act according to principles of professional conduct. To discharge all obligations in relation to the administration of justice To provide services of the highest standard unaffected by personal interest.

ABBCBBADDB

2.

As an officer of the court, a legal professional: (a) (b) (c) (d)

3.

has an obligation to protect and foster his/her client’s best interests. owes a duty which is paramount to the duty owed to a client. must avoid conflict with his/her duty to the client, particularly where the dividing line between the two is unclear. would be aware of the issue raised in Giannarelli v Wraith (1988) 165 CLR 543.

Legal ethics, which are the conduct requirements which govern the behaviour and values of the legal profession focus, primarily, on the relationships that exist between a member of the legal profession and: (a) (b)

other members of the legal profession, barristers and clients. other members of the legal profession, the court and clients.

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(c) (d)

other members of the legal profession, the court and the resolution of conflicts between them. their clients and the ethical obligations owed to them.

ABBCBBADDB 4. The cab rank rule requires a barrister to accept a brief that is within that barrister’s competence. The rationale underpinning that rule is: (a)

(b) (c) (d) 5.

A barrister may cease to act for a client where: (a) (b) (c) (d)

6.

the barrister has a positive duty to disclose facts or evidence to the court and other parties. the barrister knows that the defendant will commit perjury by insisting on making a false declaration. the barrister cannot advance an affirmative defence. the barrister cannot persuade the jury beyond reasonable doubt of the defendant’s innocence.

In the United States, lawyers are still generally called attorneys whereas in Australia they are not. This is because: (a) (b)

(c) (d)

7.

that as Lord Brougham indicated in 1820, ‘an advocate, by the sacred duty of his connexion with his client, knows, in the discharge of that office, but one person in the world — that client and none other.’ that barristers are not entitled to ask questions to determine the guilt or innocence of defendants. that all defendants are entitled to be represented. is fully explained in Rule 26 of the New South Wales Barristers’ Rules.

of an increase in litigation in the USA. More lawyers who specialise in oral pleading are needed in the USA than Australia. the USA achieved its independence from England and from the English legal profession at a time when the attorney was still more common in England than the solicitor. in the USA they needed to be distinguished from the lawyers known as ‘serjeants at law’. it was considered appropriate in the USA given that the word derives from the French word  tourner, which means to stand in one’s turn, or one’s place.

A profession is distinguished from an occupation because: (a)

members of a profession are ‘called to’ the profession and their members serve the public.

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(b) (c) (d)

8.

Apart from completion of a law degree and required professional legal training, a person who wants to be admitted as a legal practitioner and officer of the court, as either a solicitor or barrister, must meet certain standards of entry. This includes being of good fame and character. Which of the following would be likely to bar entry to the legal profession? (a) (b) (c) (d)

9.

Failure to disclose a series of paid fines for parking incorrectly. Failure to disclose that he/she had once worked as a real estate agent. Failure to disclose a debt to a bank or other person. Failure of a person to disclose that he/she has been excluded from university because of plagiarism.

There are two sources of professional obligations. They are: (a) (b) (c) (d)

10.

there are only three vocational occupations which are learned professions: law, medicine and theology. their members have professional judgment and understand their professional responsibilities. membership of a profession indicates to the community that the member has certain knowledge and skill.

professional obligations to the client and to the court. professional obligations to the court and to other legal professionals. professional conduct rules not to be either fraudulent or dishonest. professional conduct rules and legal ethics.

A practitioner’s obligations to their client is especially high when that client is the government. These obligations on lawyers acting for government arise when handling civil claims and when conducting litigation. Which of the following cases could NOT be said to illustrate these special obligations? (a) (b) (c) (d)

Melbourne Steamship Co v Moorehead (1912) 15 CLR 333. Deputy Commissioner of Taxation v Clear Blue Developments Pty Ltd (No 2) (2010) 190 FCR 11. Kenny v South Australia (1987) 46 SASR 268. Attorney-General for the United Kingdom v Heinemann Publishers Australia Pty Ltd (1987) 10 NSWLR 8.

Part B Read Adam Wakeling’s article, ‘Seven trends in the legal job market to watch,’ including available sources referred to in the article, and discuss the possible implications for students beyond their law degree. The article is available at:

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https://www.liv.asn.au/Staying-Informed/Young-Lawyers-Journal/Young-Lawyer-sJournal/June-2017/Seven-trends-in-the-legal-job-market-to-watch ________________________

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