Legal Ethics Research/Reflective Essay Topics PDF

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Legal Ethics Research/Reflective Essay Topics...

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REFLECTIVE EXERCISE

Reflect critically on your chosen topics LAWS75-326 students – write on 4 of the following topics of 500 words each (total 2,000 words) LAWS11-326 students – write on 3 of the following topics of 500 words each (total 1,500 words) 1.

Relationship with clients “In our legal system, the solicitor/client relationship has long been recognised as a fiduciary relationship. The term ‘fiduciary’ means trust, so in a fiduciary relationship one person (the client) places his or her confidence, good faith, reliance and trust in another (the solicitor), whose aid, advice or protection is sought in some matter” https://www.actlawsociety.asn.au/for-the-public/the-lawyer-client-relationship/solicitorsduties-to-clients

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https://www.canberratimes.com.au/story/6145854/lawyer-in-intimate-relationshipwith-client/

Task Should a solicitor or barrister act for a person with whom he or she has a personal relationship, for example. acting for family or friends or becoming “friends” with a client? What ethical issues could arise from such relationships? On reflection, what strategies or guidelines might you look to employ to mitigate these potential ethical challenges in your future practice of the law?

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Internet and Social Media for the legal profession “INSTAGRAM hashtags were almost career-ending for an enthusiastic second-year law student who wrongly claimed to be a solicitor in court then boasted about his lawyer status on social media” – https://www.couriermail.com.au/news/queensland/wannabe-lawyerjacob-reichman-caught-out-by-instagram/newsstory/541c1016989388724d81042972c964a6

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https://www.law.com/legaltechnews/2019/11/27/lawyers-leveraging-less-socialmedia-to-balance-ethics-rules-time-constraints/?slreturn=20200218210740

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https://www.biggerlawfirm.com/the-ultimate-social-media-guide-for-lawyers/

Task Social media has become a part of daily life for most Australians both as a business and marketing tool and to facilitate personal and social interactions and sharing of information. As a solicitor or barrister what potential professional risks or ethical challenges that may result in using professional social media tools such as twitter, blogging, LinkedIn, etc ? Based on your experiences and reading, what recommended practices would you suggest for engaging in social media use and posting both inside and outside of legal practice?

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3.

Professionalism, courtesy and respect in the legal profession “David Maister observes that professionalism is ‘predominantly an attitude, not a set of competencies. A real professional is a technician who cares.’ True professionalism, he says, implies ‘a pride in work, a commitment to quality, a dedication to the interests of the client, and a sincere desire to help.” - https://www.ibanet.org/Article/NewDetail.aspx? ArticleUid=56bbc140-9a8e-4b28-b35d-43912ba98676

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https://pressbooks.bccampus.ca/technicalwriting/chapter/correspondence/

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https://www.qls.com.au/Knowledge_centre/Ethics/Resources/Fundamental_ethical_ duties/Courteous_dealings

Task Based on your experiences and reading, giving reasons and providing evidence, is there still a place for professionalism, courtesy and respect in modern practice? 4.

Psychological distress in lawyers “Lawyers rank among the most depressed professionals. One in three of them contemplate suicide at least once a year and about 30 per cent suffer from clinical major depression. These are not good statistics” - https://www.lawyersweekly.com.au/biglaw/23967-why-arelawyers-and-other-professionals-depressed 

https://www.abc.net.au/news/2019-08-15/study-finds-high-rates-anxiety-depressionin-legal-profession/11412832

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https://www.lawsocietywa.asn.au/wp-content/uploads/2015/08/Report-onpsychological-distress-and-depression-in-the-legal-profession.pdf

Task From your research and reading, why do lawyers experience depression? On reflection, what strategies might you employ to help you to be proactive in maintaining your mental health and general well-being in you future practice of the law? 5.

Immunity from Suit “As the law currently stands in Australia, the broadly accepted position is that lawyers may not be sued for negligent actions or omissions done in the conduct of a case in court, or done out of court, but which are intimately connected with the conduct of a case in court.” https://www.ruleoflaw.org.au/advocates-immunity-rule-law/

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https://www.cbp.com.au/insights/insights/2016/may/advocate-s-immunity-from-suitconfirmed-in-austral

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http://www5.austlii.edu.au/au/journals/MelbULawRw/2004/3.html

Task Outline at least one of the cases that you have read in relation to lawyer’s immunity from suit and provide your opinion, giving reasons, as to whether barristers and solicitors should be protected when other professionals can be sued for negligence?

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