Legal Practice and Professional Conduct
Overview
This unit enables students, through the study of cases, statutes and other material, to acquire and demonstrate a comprehensive knowledge and understanding of, and competence in, legal practice and professional conduct. It immerses students in the concept of professional responsibility and the particular responsibilities lawyers have to their clients, the courts, the profession and to others. It also examines the regulation of the legal profession including the costs lawyers may charge and recover, restrictions on the conduct of legal practice, professional misconduct, disciplinary proceedings and trust accounting.
Requisites
27-October-2024
09-February-2025
Learning outcomes
Students who successfully complete this unit will be able to:
- Describe and evaluate the legal and ethical responsibilities of lawyers to their clients, the courts, the profession and to others and apply it to a factual situation they might encounter in practice
- Locate and interpret statutory provisions relevant to the professional practice of the law and apply it to a factual situation they might encounter in practice
- Outline the complaints and disciplinary procedures applicable to the legal profession
- Describe and apply the requirements and operation of trust account rules
- Collaboratively conduct legal practice and ethics related research and use the results of that research in the development of a legal argument
Teaching methods
Hawthorn
| Type | Hours per week | Number of weeks | Total (number of hours) |
|---|---|---|---|
| Face to Face Contact (Phasing out) Class | 3.00 | 12 weeks | 36 |
| Online Lecture | 1.00 | 12 weeks | 12 |
| Unspecified Activities Independent Learning | 8.50 | 12 weeks | 102 |
| TOTAL | 150 |
Swinburne Online
| Type | Hours per week | Number of weeks | Total (number of hours) |
|---|---|---|---|
| Online Directed Online Learning and Independent Learning | 11.50 | 12 weeks | 138 |
| Live Online Class | 1.00 | 12 weeks | 12 |
| TOTAL | 150 |
Assessment
| Type | Task | Weighting | ULO's |
|---|---|---|---|
| Examination | Individual | 50 - 70% | 1,2,3,4 |
| Portfolio | Individual/Group | 30 - 50% | 1,2,3,4,5 |
Content
- The ethical framework
- The concept of professional responsibility
- The duties of a legal practitioner to clients, the law, the courts and to fellow practitioners
- The structure and regulation of the legal profession
- Professional misconduct and disciplinary proceedings
- The responsibilities associated with holding money on trust and trust accountingÂ
Study resources
Reading materials
A list of reading materials and/or required textbooks will be available in the Unit Outline on Canvas.