LLH302 Ethics and the Legal Profession


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Unit Outline: Semester 1 2024, Gardens Point, Internal

Unit code:LLH302
Credit points:12
Pre-requisite:LLH201 or LWB146. LLH201 can be studied in the same teaching period as LLH302
Anti-requisite:LWB433
Coordinator:Lucy Cradduck | l.cradduck@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 is a core unit in the law degree and is required for admission to legal practice in Australia. It builds on the legal research and critical analysis skills developed in LLB104 Contemporary Law and Justice and LLH201 Legal Research.

Learning Outcomes

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

  1. Analyse ethical standards and professional responsibility within the law and legal profession, and consider their broader social, political, or economic implications (CLOs 1.1, 1.3, 1.5, 5.1)
  2. Propose solutions to legal and ethical dilemmas by applying the legal, statutory and ethical standards of the legal profession (CLOs 2.1, 5.1)
  3. Apply the obligations regarding solicitors' trust accounts and their management to problems in real world contexts (CLOs 1.1, 2.1, 5.1)
  4. Apply appropriate writing conventions to communicate effectively to diverse audiences (CLO 4.1)
  5. Use appropriate legal research methodologies to identify and evaluate relevant sources (CLOs 3.1, 3.2, 3.3)

Content

The content of this unit includes:

  • The responsibilities and standards of members of the legal profession (legal, equitable, professional and ethical) as considered in the context of the law, including the Australian Solicitors Conduct Rules, to the law, the Courts, clients, and fellow practitioners;
  • The disciplinary processes and the institutional framework governing the profession; and
  • The obligations on solicitors and law firms regarding the maintenance of trust accounts 

Learning Approaches

This unit employs an active and collaborative approach to learning. The learning has been designed to provide you with direct interaction with your instructors and peers and there is an expectation that you will attend live lectures and tutorials.

Prior to the live learning sessions, you will be supported through weekly unit material and formative learning activities that will introduce a range of practical and theoretical perspectives.

Your participation in the unit will include:

  • Engagement in live lectures
  • Discussions with peers and academic staff in live tutorials to network and apply your understandings
  • Engagement with online resources

Feedback on Learning and Assessment

Students are provided with feedback to assist their learning throughout the semester. The feedback is provided through:

• Discussions on Canvas and in live tutorials;
• Online materials;
• Individual feedback provided on assessment with the completed Criteria Referenced Assessment form;
• Generic feedback posted on the unit's Canvas site for each item of assessment;
• Examples; and
• Option of consultation with a member of the teaching team.

Assessment

Overview

In this unit students are graded on a scale of one to seven.

Students may be required to attend campus or an assessment centre for the purposes of assessment, regardless of the attendance mode for the unit.

Unit Grading Scheme

7- point scale

Assessment Tasks

Assessment: Submission to Law Reform Review

In order to make a submission to a (fictional) Law Reform Review, you will research an ethical issue that will require consideration of legal, statutory and ethical standards of the legal profession, in the context of changing social values and broader aspects of ethical inquiry and analysis. Your use of appropriate legal research methodologies to identify and evaluate relevant sources, and propose practical solutions, will be assessed.

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

Weight: 40
Length: 2500 words
Individual/Group: Individual
Due (indicative): Week 7
Related Unit learning outcomes: 1, 2, 4, 5

Assessment: Examination (theory)

An end-of-semester examination (open book) will assess the depth of your knowledge and understanding of the topics of the unit as well as your ability to analyse and apply relevant legal rules and principles to solve defined problems. All topics covered in the unit are assessable.

Weight: 60
Individual/Group: Individual
Due (indicative): Central Examination Period
Central exam duration: 3:10 - Including 10 minute perusal
Related Unit learning outcomes: 1, 2, 3

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

Resource Materials

Prescribed text(s)

Stephen Corones, Nigel Stobbs and Mark Thomas, Professional Responsibility and Legal Ethics in Queensland (Lawbook Co, Sydney, 2nd ed, 2014)

Recommended text(s)

Gino Dal Pont, Lawyers' Professional Responsibility (Thomson Reuters, Sydney, 7th ed, 2021)

Parker & Evans, Inside Lawyers' Ethics (Cambridge University Press, Cambridge, 2007)

Risk Assessment Statement

Apart from the explicit materials dealt with in the subject, there are no out-of-the-ordinary risks associated with it.

Course Learning Outcomes

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

LW36 Bachelor of Laws (Honours)

  1. The essential principles and doctrines of Australian law and the Australian legal system
    Relates to: ULO1, ULO3, Submission to Law Reform Review, Examination (theory)
  2. The application, operation and evolution of law in diverse and changing contexts
    Relates to: ULO1, Submission to Law Reform Review, Examination (theory)
  3. Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
    Relates to: ULO2, ULO3, Submission to Law Reform Review, Examination (theory)
  4. Selecting and using contemporary technologies to effectively search, organise and use information
    Relates to: ULO5, Submission to Law Reform Review
  5. Selecting and applying appropriate research methods
    Relates to: ULO5, Submission to Law Reform Review
  6. Planning and executing a research project and presenting findings and recommendations
    Relates to: ULO5, Submission to Law Reform Review
  7. Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
    Relates to: ULO4, Submission to Law Reform Review
  8. Making professional and ethical judgements
    Relates to: ULO1, ULO2, ULO3, Submission to Law Reform Review, Examination (theory)

LW37 Bachelor of Laws (Honours) (Graduate Entry)

  1. The essential principles and doctrines of Australian law and the Australian legal system
    Relates to: ULO1, ULO3, Submission to Law Reform Review, Examination (theory)
  2. The application, operation and evolution of law in diverse and changing contexts
    Relates to: ULO1, Submission to Law Reform Review, Examination (theory)
  3. Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
    Relates to: ULO2, ULO3, Submission to Law Reform Review, Examination (theory)
  4. Selecting and using contemporary technologies to effectively search, organise and use information
    Relates to: ULO5, Submission to Law Reform Review
  5. Selecting and applying appropriate research methods
    Relates to: ULO5, Submission to Law Reform Review
  6. Planning and executing a research project and presenting findings and recommendations
    Relates to: ULO5, Submission to Law Reform Review
  7. Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
    Relates to: ULO4, Submission to Law Reform Review
  8. Making professional and ethical judgements
    Relates to: ULO1, ULO2, ULO3, Submission to Law Reform Review, Examination (theory)

LW38 Bachelor of Laws (Honours)

  1. The essential principles and doctrines of Australian law and the Australian legal system
    Relates to: ULO1, ULO3, Submission to Law Reform Review, Examination (theory)
  2. The impact of technology on key areas of law and legal work
    Relates to: ULO1, Submission to Law Reform Review, Examination (theory)
  3. The application, operation and evolution of law in diverse, changing and global contexts
    Relates to: ULO1, Submission to Law Reform Review, Examination (theory)
  4. Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
    Relates to: ULO2, ULO3, Submission to Law Reform Review, Examination (theory)
  5. Selecting and using contemporary technologies to effectively search, organise and use information
    Relates to: ULO5, Submission to Law Reform Review
  6. Selecting and applying appropriate research methods
    Relates to: ULO5, Submission to Law Reform Review
  7. Planning and executing a research project and presenting findings and recommendations
    Relates to: ULO5, Submission to Law Reform Review
  8. Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
    Relates to: ULO4, Submission to Law Reform Review
  9. Making professional and ethical judgements
    Relates to: ULO1, ULO2, ULO3, Submission to Law Reform Review, Examination (theory)

LW39 Bachelor of Laws (Honours) (Graduate Entry)

  1. The essential principles and doctrines of Australian law and the Australian legal system
    Relates to: ULO1, ULO3, Submission to Law Reform Review, Examination (theory)
  2. The impact of technology on key areas of law and legal work
    Relates to: ULO1, Submission to Law Reform Review
  3. The role of law in achieving sustainable futures 
    Relates to: Examination (theory)
  4. The application, operation and evolution of law in diverse, changing and global contexts
    Relates to: ULO1, Submission to Law Reform Review
  5. Using legal reasoning and critical thinking in applying the law to legal problems and providing legal advice
    Relates to: ULO2, ULO3, Submission to Law Reform Review, Examination (theory)
  6. Selecting and using contemporary technologies to effectively search, organise and use information
    Relates to: ULO5, Submission to Law Reform Review
  7. Selecting and applying appropriate research methods
    Relates to: ULO5, Submission to Law Reform Review
  8. Planning and executing a research project and presenting findings and recommendations
    Relates to: ULO5, Submission to Law Reform Review
  9. Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
    Relates to: ULO4, Submission to Law Reform Review
  10. Making professional and ethical judgements
    Relates to: ULO1, ULO2, ULO3, Submission to Law Reform Review, Examination (theory)