Professional Responsibility

What is this subject about?

Lawyers must have the knowledge and skills to act ethically and be able to demonstrate professional responsibility and professional courtesy in all dealings with clients, the courts, the community and other practitioners. This requires you to have more than just knowledge of the codes of conduct and a willingness to follow those codes, but also the instincts to exercise good judgment and act with integrity in your professional and personal life.

In this subject, you will cover the written and unwritten rules of conduct and you will be encouraged to reflect on the role and values of lawyers and the wider issues facing the legal profession.

This subject will also give you some strategies and techniques that will help you to recognise ethical issues, make ethical decisions and give you the confidence to voice ethical concerns in practice.

What will I learn and what skills will I have the opportunity to practise?

The purpose of this subject is to:

make you aware of the statutory provisions and the principles of common law to which the practice of law is subject
help you identify, address and resolve ethical issues as they arise in practice
provide you with the ability to determine the courses of action most appropriate to serve the best interests of the client, the court, the profession, the employer, society and yourself, and to resolve conflicts between the various duties
encourage you to reflect on wider issues affecting the legal profession, and
identify the assistance available to practitioners seeking to resolve ethical dilemmas

At the end of this subject you will be able to demonstrate competence in:

Elements	Units
Element 1: Acting Ethically	Unit 1: Acting Ethically in Practice
Element 2: Complying with Rules Relating to Charging Fees	Unit 2: Establishing Client Retainers and Handling Costs Issues
Element 3: Discharging the Legal Duties of Practitioners	Unit 3: Complying with the Duties to Account and of Care Unit 4: Complying with the Law and the Duty to the Court
Element 4: Complying with Professional Conduct Rules	Unit 5: Complying with Professional Conduct Rules and Standards
Element 5: Complying with Fiduciary Duties and Avoiding Conflicts of Interest	Unit 6: Complying with Fiduciary Duties and Avoiding Conflicts
Element 6: Acting Courteously and Professionally	Unit 7: Acting Professionally with the Public and Other Professionals

How will I be assessed?

Assessment in this subject will be based on:

a two-hour open book written examination onsite (100%)

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