LAWS 5009 Legal Profession Australian Law Cases Discussion Cite only from the required readings stated in the Unit of Study outline (Lawyers in Australia b

LAWS 5009 Legal Profession Australian Law Cases Discussion Cite only from the required readings stated in the Unit of Study outline (Lawyers in Australia by Littrich and Murray, relevant case laws, etc). The instruction and problem question is in the second PDF. LAWS2013/LAWS5009
THE LEGAL PROFESSION
Semester One, 2020
Detailed Unit of Study Information
THE UNIVERSITY OF SYDNEY LAW SCHOOL
sydney.edu.au/law
Outline 2020 -1V1
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Outline 2020_LAWS2013_5009
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This document contains unit of study specific information. It must be read in
conjunction with the Unit of Study Outline and the Student Portal webpage.
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Teachers’ names and contact details
Title/Name Professor Simon Rice
Address
Room 521, New Law Building
Email
simon.rice@sydney.edu.au
Phone
8627 5195
Title/Name Ms Irene Baghoomians
Email
irene.baghoomians@sydney.edu.au
Title/Name Dr Sascha Callaghan
Email
sascha.callaghan@sydney.edu.au
Title/Name Mr Graham Carson
Email
graham.carson@sydney.edu.au
Title/Name Tahlia Gordon
Email
tahlia.gordon@sydney.edu.au
Title/Name Mr Philip Pomfret
Email
philip.pomfret@sydney.edu.au
Title/Name Ms Lucy Quinn
Email
lucy.quinn@sydney.edu.au
Title/Name Ms Pallavi Sinha
Email
pallavi.sinha@sydney.edu.au
Title/Name Dr Scarlet Wilcock
Email
scarlet.wilcock@sydney.edu.au
Preferred method of communication
For questions about the unit please contact the unit co-ordinator, Professor Simon Rice, by
email, phone, or appointment.
Emails must be sent from your Sydney University email account. When you email academic
staff, please sign your name and provide your student identification number.
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Under the Code of Conduct for Students must treat academic staff, visiting lecturers and other
students with respect, dignity, impartiality, courtesy and sensitivity. Under the Policy on the Use
of University Information and Communication Resources, it is illegal to use any ICT Resources
to harass, menace, defame, libel, vilify or discriminate against any other person within or
beyond the University, and it is the reasonable perception of the recipient rather than the
intention of the sender which is significant.
Overview
Please see the Unit of Study Outline.
Outcomes
Please see the Unit of Study Outline.
Reading materials
Required reading
The prescribed text is:
John Littrich and Karina Murray, Lawyers in Australia, The Federation Press, Sydney,
2019
Class dates and times
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
Group 1
Group 1 JD
Group 2
Group 2 JD
Group 3
Group 4
Group 5
Group 3 JD
Group 4 JD
Group 6
P/T Group
Mon and Wed
Mon and Wed
Mon and Wed
Mon and Wed
Mon and Wed
Mon and Wed
Tues and Thurs
Tues and Thurs
Tues and Thurs
Tues and Thurs
Wed (3 hr x 13)
9 am – 11 am
9 am – 11 am
11 am – 1 pm
2 pm – 4 pm
2 pm – 4 pm
4 pm – 6 pm
9 am – 11 am
11 am –1 pm
2 pm – 4 pm
2 pm – 4 pm
6 pm – 9 pm
Quad S249 / NLS 105
NLS 026
NLS 026
NLS 026
NLS 020 / NLS 022
NLS 026
NLS 026
SR 340
NLS 020
NLS 028 / SR340
NLS022
Mr Graham Carson
Ms Lucy Quinn
Mr Graham Carson
Prof Simon Rice
Dr Scarlet Wilcock
Mr Philip Pomfret
Dr Sascha Callaghan
Ms Irene Baghoomians
Ms Pallavi Sinha
Ms Irene Baghoomians
Ms Tahlia Gordon
Announcements in relation last-minute changes to lectures and venues will be made on the unit
Canvas site.
Assessment
Assessment regime
Day classes:
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Research essay 2000wd (30%), due midday on Friday 3 April (week 6)
Plea activity and reflection 1000wd (20%), due midday on Monday 27 April (week 9)
Final 2500wd take-home problem assignment (40% or 50%), due midday on Monday 1 June
(Stuvac)
Optional class participation (10%).
Evening classes:
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•
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Research essay 2000wd (30%), due midday on Friday 3 April (week 6)
Plea activity and reflection 1000wd (20%), due midday on Monday 27 April (week 9)
Final 2500wd take-home problem assignment (50%), due midday on Monday 1 June (Stuvac)
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Assessment details / additional instructions
A student must make a satisfactory attempt at all assessment tasks set out for this Unit of Study
in order to obtain a Pass mark and grade (or above); otherwise an Absent Fail grade will be
recorded as the student’s result for this Unit of Study.
Word limits are in the Unit of Study Outline.
Penalties
Please see the Unit of Study Outline.
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Assignment submission
You are required to submit your assignment in electronic form only, via the Canvas LMS site
(see below) by the submission deadline. Failure to submit via the LMS by this deadline can
result in penalties for lateness; the Sydney Law School reserves the right not to mark
assignments that are not submitted via the Canvas site.
Anonymous marking
The Sydney Law School conducts anonymous marking in relation to written assessments, tests
and exams. To assist in this, we ask you to do the following:
• Do not write your name on the front page of any submitted electronic or hard copy
assessment. Only write your SID (Student Identification Number).
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electronic or hard copy assessment.
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the Assessment coversheet. It will be the only way that you can be identified, and an
illegible SID could mean that there are delays in allocating your mark to you and
returning your paper to you.
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assignment!)
• When submitting your assignment electronically via the LMS, ensure that the title
includes only your SID and not your name.
• Students should not email their written assessments to academic staff.
• In relation to anonymous marking, please note the changed processes for tests and
exams, where you will be identified only by your SID on exam scripts and essay books.
Seating arrangements will be by SID where feasible.
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requested to provide both your name and your SID.
• Attendance forms in exam will be a provided as a separate document.
Electronic copy
All assignments must be submitted online on the relevant Canvas LMS site for your subject
(https://canvas.sydney.edu.au). Instructions on how to submit your assessment online are
available on each site. The time and date of submission as recorded on the Canvas site will be
taken as the official (final) record of submission. Please allow plenty of time to upload your
assignment.
If you experience difficulties submitting your assignment electronically, please contact the
Academic Support Team Administrative Officer for this unit of study (listed in Canvas) prior to
the submission deadline or your paper may be marked as late and marking penalties applied.
Please note that corrupt and incorrect file types submitted through the LMS will not be accepted
and late penalties will apply. This includes garbled text files, so students need to take
responsibility for the file they have uploaded and its contents, and be aware of any
consequences.
All assessments submitted to the Sydney Law School will be subject to analysis by similarity
detecting software. The software is used as a tool to assist in identification of work that is poorly
referenced or has been cut and pasted from other people’s work without attribution, and to
assist the Sydney Law School in its educational function of ensuring that students learn to
attribute the words and ideas of others appropriately.
Assessment grading guidelines
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Please see the Unit of Study Outline. Marking guides for each assessment task will be issued
with the instructions for that task.
Attendance requirements
Please see the Unit of Study Outline.
Feedback
If you have any questions, problems or concerns with this unit of study, please contact the unit
co-ordinator, Professor Simon Rice.
Referencing requirements
Referencing requirements are in the Unit of Study Outline.
Please see the modules in the unit Canvas site for details on Legal research and referencing,
as well as the Legal Writing Resources site.
You should be familiar with the information on Evidence, plagiarism and referencing, which
gives greater detail on how to quote a source, when to paraphrase or summarise, and what is
considered plagiarism.
Class schedule and reading list
Note that links for cases go to AustLII. For cases of superior courts, reports on AustLII
are not authorised. Authorised reports are available on the Casebase database in the
Library.
Week 1. Introduction to legal ethics
Rules
NSW Legislation and Rules: List of Acts, Regulations and Rules.
Text
John Littrich and Karina Murray, Lawyers in Australia, 4th ed, 2019 (‘Littrich and
Murray’):
•
Chapter 1
•
Chapter 2: pages 31-42.
Week 1. Approaches to legal ethics
Rules
1. Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015
(‘Solicitors Conduct Rules’): Rule 3
2. Legal Profession Uniform Conduct (Barristers) Rules 2015 (‘Barristers
Conduct Rules’): Rule 8
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Text
1. Littrich and Murray: Chapter 5.
2. Christine Parker and Adrian Evans, Inside Lawyers Ethics (Cambridge
University Press, 3rd ed, 2018): Chapter 1: pages 28-33; Chapter 2: pages 3645 (e-Reserve).
Article
Paula Baron & Lillian Corbin ‘The unprofessional professional: do lawyers need
rules?’, (2017) 20(2) Legal Ethics, 155 (e-Reserve)
Case
Clyne, In re; Ex parte New South Wales Bar Association per Street CJ: [1961] SR
(NSW) 104, 104-108; (1960) 77 WN (NSW) 746, 746-749 (e-Reserve).
Week 2. The future of lawyering and lawyers
Report
NSW Law Society, FLIP: The Future of Law and Innovation in the Profession,
Sydney, 2017 (‘online report’: pdf download):
• Chapter 1: Drivers of Change
• Chapter 2: Legal Technology
• Chapter 3: New Ways of Working
• Chapter 7: New Processes and Managing Change
• Chapter 9: Globalisation
Article
John Flood, ‘Legal Professionals of the Future: Their Ethos, Role and Skills’, SSRN,
15 January, 2019.
Comment
Trevor Hoey, ‘Legal eagles ready to soar’, Finfeed, 15 January, 2019
Week 2. Lawyers’ organisations and culture
Text
Littrich and Murray, Chapter 3.
Report
Urbis, 2018 National Profile of Solicitors: Report Prepared for Law Society of NSW,
July 2019.
Article
Elizabeth Gorman and Sarah Mosseri, ‘How organizational characteristics shape
gender difference and inequality at work’, (2019) Sociology Compass
Comment
Sam McKeith, ‘Building diversity in the legal profession’, LSJ Online, May 04, 2019
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Week 3. Regulation of the legal profession
Rules
Legal Profession Uniform Law (NSW) Chapter 5.1 and Chapter 5.7
Text
Littrich and Murray: Chapter 6.
Articles
1. Deborah Hartstein and Justine Rogers ‘Professional associations as
regulators: an interview study of the Law Society of New South Wales’, (2019)
22(1-2) Legal Ethics 49 (e-Reserve)
2. Bradley Wendel, ‘In Search of Core Values’, (2013) 16(2) Legal Ethics, 350
(e-Reserve)
Week 3. (Week 4 P/T) Admission to practice
Rules
1. Legal Profession Uniform Law (NSW), ss 15-25
2. Legal Profession Uniform Admission Rules 2015 Rules 5-24.
Text
Littrich and Murray: Chapter 7
Article
Francesca Bartlett and Linda Haller, ‘Disclosing Lawyers: Questioning Law and
Process in the Admission of Australian Lawyers’, (2013) 41 Federal Law Review 227
(SSRN)
Cases
1. Re Legal Profession Act 2004: Re OG, a Lawyer [2007] VSC 520; 18 VR 164
2. Davison v Legal Profession Admission Board [2019] NSWSC 959
Week 4. (Week 5 P/T) Duties to the court
Rules
1. Solicitors’ Conduct Rules: Rule 3; Rule 4; Rule 5; Rule 17; Rule 19; Rule 21
2. Barristers Conduct Rules: Rule 23
Text
Littrich and Murray: Chapter 14 to page 319
Article
1. Vivien Holmes, ‘Pell was wrong to blame the lawyers, but they
aren’t blameless’, The Conversation, April 3, 2014
2. Pam Stewart & Maxine Evers, ‘The Requirement that Lawyers Certify
Reasonable Prospects of Success: Must 21st Century Lawyers Boldly Go
where No Lawyer has Gone Before?’, (2010) 13(1) Legal Ethics, 1 (eReserve).
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Case
Jing Li v Jin Lian Group Pty Ltd [2018] NSWSC 479
Week 4. (Week 6 P/T) Duties to the client
Rules
1. Solicitors’ Conduct Rules: Rule 7; Rule 8; Rule 13
2. Law Council of Australia, Australian Solicitors’ Conduct Rules 2011 and
Commentary, Version 3, August 2013: ‘Commentary on Rule 8.1’
3. Barristers Conduct Rules: Rule 35; Rule 36; Rule 37
Text
Littrich and Murray:
Chapter 9
Chapter 10 pages 214 – 225
Chapter 11
Article
Lise Barry, ‘“He was wearing street clothes, not pyjamas”: common mistakes in
lawyers’ assessment of legal capacity for vulnerable older clients’, (2018) 21(1) Legal
Ethics, 3 (e-Reserve).
Cases
1. Hendriks v McGeoch (2008) Aust Torts Reports ¶81-942 (2008) NSW ConvR
¶56-216 [2008] NSWCA 53, to the extent that it deals with issue (i): whether
there was a contract of retainer between the appellants and the respondent.
2. Murray v Williams [2010] NSWSC 1243
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Week 5. (Week 7 P/T) Duty of confidentiality
Rules
1. Solicitors’ Conduct Rules: Rule 9
2. Australian Solicitors’ Conduct Rules 2011 and Commentary, ‘Commentary on
Rule 9’
3. Barristers Conduct Rules: Rules 114-115.
Text
1. Littrich and Murray: Chapter 13, pp 274-279
2. Christine Parker and Adrian Evans, Inside Lawyers Ethics (Cambridge
University Press, 3rd ed, 2018): Chapter 4, pages 106-112 (e-Reserve).
Article
Christine Parker, Suzanne Le Mire, and Anita; Mackay, ‘Lawyers, Confidentiality and
Whistleblowing: Lessons from the McCabe Tobacco Litigation’, (2017) 40(3)
Melbourne University Law Review 999
Case
Marshall v Prescott [2015] NSWCA 110
Week 5. (Week 7 P/T) Client legal privilege
Rules
1. Solicitors’ Conduct Rules: Rule 21
2. Barristers Conduct Rules: Rule 60
Legislation
Evidence Act 1995 (NSW) ss 117-119
Text
Littrich and Murray: Chapter 13, pp 279-286
Report
1. Australian Law Reform Commission, Traditional Rights and Freedoms—
Encroachments by Commonwealth Laws, Report 129, Commonwealth of
Australia, 2016, Chapter 12: ‘Legal Professional Privilege’
2. William Simon ‘The Confidentiality Fetish’ (2004) 294(5) The Atlantic Monthly
113 (e-Reserve)
Cases
1. Glencore International AG v Commissioner of Taxation [2019] HCA 26
2. Expense Reduction Analysts Group P/L v Armstrong Strategic Management
and Marketing P/L [2013] HCA 46
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Week 6. (Week 8 P/T) Conflict of lawyer’s duty and own
interests
Rules
1. Solicitors’ Conduct Rules: Rule 12.
2. Australian Solicitors’ Conduct Rules 2011 and Commentary: ‘Commentary on
Rule 12’
3. Barristers Conduct Rules: Rule 101(b)
Text
Littrich and Murray: Chapter 13, pp 287-288
Article
Joanne Stagg-Taylor, ‘Lawyers’ Business: Conflicts of Duties Arising from Lawyers’
Business Models’, (2011) 14(2) Legal Ethics, 173 (e-Reserve).
Cases
Law Society of New South Wales v Harvey [1976] 2 NSWLR 154.
Week 6. (Week 9 P/T) Conflict of duties of loyalty to different
clients
Rules
1. Solicitors’ Rules: Rule 10 and Rule 11
2. Australian Solicitors’ Conduct Rules 2011 and Commentary, Commentary on
Rules 10 and 11.
3. Barristers’ Rules: Rule 119.
Text
Littrich and Murray: Chapter 13, pp 289-299
Article
Sandro Goubran, ‘Conflicts of Duty: The Perennial Lawyers’ Tale’ (2006) 30(1)
Melbourne University Law Review 88.
Cases
1. Asia Pacific Telecommunications Ltd v Optus Networks Pty Ltd [2005]
NSWSC 550 and
2. Asia Pacific Telecommunications Ltd v Optus Networks Pty Ltd [2007]
NSWSC 350
3. Dealer Support Services Pty Ltd v Motor Traders Association of Australia Ltd
[2014] FCA 1065; (2014) 228 FCR 252.
NO CLASS WEEK 7 for day classes
Week 8. Plea and Bail exercise for day classes
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Week 9. (Week 10 P/T) Duties in specific areas of practice
Criminal practice
Rules
1. Solicitors’ Rules: Rule 29
2. Barristers’ Rules: Rules 83-95.
Text
Littrich and Murray: Chapter 14 pages 319-322
Article
Ben Clarke ‘An ethics survey of Australian criminal law practitioners’, (2003)
27 Crim Law Journal 142
Case
Randall v R [2002] UKPC 19; [2002] 1 WLR 2237.
In-house counsel
Text
Christine Parker and Adrian Evans, Inside Lawyers Ethics (Cambridge
University Press, 3rd ed, 2018): Chapter 4, pages 289-303 (e-Reserve).
Article
Maxine Evers and Jason Harris, ‘The duties of in-house counsel: The bold,
the bright and the blurred?’, (2009) 37 Australian Business Law Review 267
(e-Reserve)
Case
Seven Network Limited v News Limited [2005] FCA 142 to [38]
Week 9. (Week 10 P/T) Costs, and duty to account
Legislation
Legal Profession Uniform Law (NSW): ss 172 and 173 (fair and reasonable costs); s
174 (disclosure obligation); ss 179-183 (costs agreements); ss 187 and 190 (costs
bills); 207 (disciplinary action)
Text
Littrich and Murray: Chapter 10, pp 228-234
Report
Productivity Commission, Inquiry Report No. 72, Ac…
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