LPP110 Lawyers Skills


To view more information for this unit, select Unit Outline from the list below. Please note the teaching period for which the Unit Outline is relevant.


Unit Outline: Flexible Period - 08A 2024, Gardens Point, Internal (Start Date: 22 Jul 2024)

Unit code:LPP110
Credit points:12
Assumed Knowledge:

Completion of a Bachelor of Laws Degree

Coordinators:Allan Chay | a.chay@qut.edu.au
Yoland Ashcroft-Smith | yoland.ashcroftsmith@qut.edu.au
Craig Smith | c7.smith@qut.edu.au
Craig Smith | c7.smith@qut.edu.au
Irene Wiseman | i.wiseman@qut.edu.au
Yoland Ashcroft-Smith | yoland.ashcroftsmith@qut.edu.au
Craig Smith | c7.smith@qut.edu.au
Allan Chay | a.chay@qut.edu.au
Yoland Ashcroft-Smith | yoland.ashcroftsmith@qut.edu.au
Disclaimer - Offer of some units is subject to viability, and information in these Unit Outlines is subject to change prior to commencement of the teaching period.

Overview

This unit provides you with opportunities to develop and demonstrate competence in some of the lawyering skills and values identified in the Australasian Professional Legal Education Council’s (APLEC) and the Law Admissions Consultative Committee’s  (LACC) have published standards for the pre-admission practical training of Australian legal practitioners. Those standards have been adopted in Queensland as part of the admission rules for the legal profession. This unit focuses on ethics and professionalism, interviewing, negotiation, advocacy and personal well-being.

Learning Outcomes

On successful completion of this unit you will be able to:

  1. Apply appropriate legal and procedural knowledge, skills, values and creative thinking when completing practical legal tasks and problem solving in the contexts of interviewing, negotiation and advocacy (Course Learning Outcomes 1.1, 1.2,1.3, 2.1, 3.1, 3.2, 3.3)
  2. Apply appropriate ethical understandings, legal and procedural knowledge, skills and values, including commitment to pro bono service, to identifying and solving practical ethical and professional problems (Course Learning Outcomes 1.1, 2.1, 2.2, 3.1, 4.1, 4.3)
  3. Apply intercultural awareness to identify and respond appropriately to cross-cultural communication issues that may affect your interactions with clients and affect clients’ interactions with the legal system in some specified circumstances (CLO 3.4)
  4. Demonstrate awareness of resilience and wellness issues and practices as they commonly affect legal practitioners (CLO 4.1)

Content

This unit consists of training in:

  • client interviewing
  • negotiation
  • advocacy
  • ethics and professionalism
  • personal well-being.

Learning Approaches

This unit engages you in your learning through a problem-based learning approach. This is to say that it utilises an instructional method of hands-on, active learning centred on the investigation and resolution of 'messy', real-world problems. This makes for self-directed learning where you, the student, are the problem solver and your teacher is the facilitator. The unit's approach to learning and teaching is designed to enable you to learn and practice the relevant knowledge, skills and values for professional admission.

The unit adopts a blended learning approach, which includes a five-day attendance school on-campus and online problem solving activities for you to work on, supported by online resources and 'authentic' problem materials.

Feedback on Learning and Assessment

Feedback in this unit is provided to you in the following ways:

  • You will find guidance for completing problems in the 'hints' for the task. Some hints provide formative feedback in that they anticipate questions and responses that you may have or make in completing the problem.
  • You can seek advice and assistance from staff during the attendance school or online.
  • You will receive feedback on work as it is submitted.
  • You may receive some generic comments back to the cohort via QUT Canvas.

Assessment

Overview

To pass this unit you must complete all assessment items to either a passing standard (for graded assessment items) or to a satisfactory standard (for satisfactory/not satisfactory assessment items) in accordance with the relevant Criterion Referenced Assessment (CRA) rubric. 

All assessment items are in the form of a practical task that a lawyer is likely to encounter in practice. The assessment items enable you to  demonstrate competence in practice areas, skills and values relevant to professional admission.  Assessment items will require you to synthesise and apply a range of knowledge, lawyering skills, values and thinking skills.

Some assessment items are assessed on a 'satisfactory/not satisfactory' scale. You must complete all those items to a satisfactory standard with reference to the relevant CRA rubric. If you do not complete an item to a satisfactory standard on your first attempt, you will be asked to do further work on the item to demonstrate you can complete the work to a satisfactory standard for professional admission purposes.

Some assessment items are assessed against criteria that will provide you with a mark for the assessment item.  The marks that you receive on your first attempt for all assessment items will determine your overall grade for the unit.  Marks will be awarded  according to the relevant CRA rubric.  If your attempt at such an assessment item (or any part thereof) is assessed at less than a grade of 4 on any criterion on the relevant CRA rubric, you may be asked to do further work on the item to demonstrate you can complete the work to a satisfactory standard for professional admission purposes.

Unit Grading Scheme

7- point scale

Assessment Tasks

Assessment: Portfolio

During the five day Intensive you will participate in lawyer and client interviews, a group negotiation planning session, a negotiation and a two-day advocacy intensive. Your performance as a lawyer in the interview and negotiation will be peer-reviewed. You should take into consideration any matters of cultural diversity in liaising with your client. You will also be asked to analyse videos of cross-cultural interactions and evaluate how the parties dealt with the differences in communication that arose. Your performance in the advocacy intensive will assessed by staff. Prior to the advocacy assessment, you will be required to submit a theory of your case based on the unit materials. As you progress through the practical advocacy tasks at the Intensive, you will receive oral feedback that will inform your next presentation.

Threshold Assessment:

You must complete all the tasks in this portfolio to a satisfactory standard to demonstrate competence in these tasks as described in the Law Admissions Consultative Committee's (LACC) standards for the pre-admission practical training of Australian legal practitioners.

Weight: 50
Length: 5 days
Individual/Group: Individual and group
Due (indicative): TBA
This portfolio is assessed during the 5 day Intensive
Related Unit learning outcomes: 1, 3

Assessment: Ethics Quiz

The Quiz consists of 16 multiple choice questions and 4 short answer questions.  Each question has a scenario describing a ethical or professional responsibility problem that could arise in the practice of law.  Your tasks is to select or describe the best solution to the problem having regard to the law and rules of ethics and professional conduct.

Threshold Assessment:

You must complete this task to a satisfactory standard to demonstrate competence in resolving ethical and professional responsibility problems as described in the Law Admissions Consultative Committee's (LACC) standards for the pre-admission practical training of Australian legal practitioners.

Weight: 20
Length: 20 questions
Individual/Group: Individual
Due (indicative): End of week 2
Related Unit learning outcomes: 2, 4

Assessment: Ethics memo

This requires you to analyse a complex fact scenario and provide written advice to a law firm principal on the
ethical and professional issues that you identify in the scenario. This task will also require you to provide advice on opportunities that the firm may have for pro bono work in the scenario and to provide advice on how the lawyers in involved in scenario can obtain support relating to their well-being and resilience in the situation described in the scenario. 

This assignment is eligible for the 48-hour late submission period and assignment extensions.

Threshold Assessment:

You must complete this task to a satisfactory standard to demonstrate competence in identifying and resolving ethical and professional responsibility problems as described in the Law Admissions Consultative Committee's (LACC) standards for the pre-admission practical training of Australian legal practitioners.

Weight: 30
Length: 3000 words
Individual/Group: Individual
Due (indicative): Week 4
Related Unit learning outcomes: 1, 2

Academic Integrity

Students are expected to engage in learning and assessment at QUT with honesty, transparency and fairness. Maintaining academic integrity means upholding these principles and demonstrating valuable professional capabilities based on ethical foundations.

Failure to maintain academic integrity can take many forms. It includes cheating in examinations, plagiarism, self-plagiarism, collusion, and submitting an assessment item completed by another person (e.g. contract cheating). It can also include providing your assessment to another entity, such as to a person or website.

You are encouraged to make use of QUT’s learning support services, resources and tools to assure the academic integrity of your assessment. This includes the use of text matching software that may be available to assist with self-assessing your academic integrity as part of the assessment submission process.

Further details of QUT’s approach to academic integrity are outlined in the Academic integrity policy and the Student Code of Conduct. Breaching QUT’s Academic integrity policy is regarded as student misconduct and can lead to the imposition of penalties ranging from a grade reduction to exclusion from QUT.

Resources

All the resources that you will need to complete this unit will be provided to you online via QUT Canvas or will be available in the QUT Library.

Risk Assessment Statement

There are no unusual risks associated with this unit

Course Learning Outcomes

This unit is designed to support your development of the following course/study area learning outcomes.

LP41 Graduate Diploma in Legal Practice

  1. Identify and apply relevant legal principles in the areas of practice that are required for admission to the Australian legal profession
    Relates to: ULO1, ULO2, Portfolio, Ethics Quiz, Ethics memo
  2. Apply the rules of practice and procedure in the areas of practice required for admission
    Relates to: ULO1, Portfolio, Ethics memo
  3. Apply conceptual models for the effective application of legal skills
    Relates to: ULO1, Portfolio, Ethics memo
  4. Analyse client problems to identify relevant legal, factual and contextual issues
    Relates to: ULO1, ULO2, Portfolio, Ethics Quiz, Ethics memo
  5. Apply legal research skills to identify the relevant legal principles and arguments
    Relates to: ULO2, Portfolio, Ethics Quiz, Ethics memo
  6. Communicate complex legal concepts to clients and fellow practitioners in written and oral modes
    Relates to: ULO1, ULO2, Portfolio, Ethics Quiz, Ethics memo
  7. Assist clients to understand their options in complex legal matters in written and oral communications
    Relates to: ULO1, Portfolio, Ethics memo
  8. Use advocacy skills in formal settings
    Relates to: ULO1, Portfolio, Ethics memo
  9. Apply intercultural competencies to support clients in legal and professional contexts
    Relates to: ULO3, Portfolio
  10. Use reflective practice to develop professional identity and resilience
    Relates to: ULO2, ULO4, Portfolio, Ethics Quiz, Ethics memo
  11. Demonstrate ethical practice, professional responsibility and identify opportunities for pro bono service
    Relates to: ULO2, Portfolio, Ethics Quiz, Ethics memo