LAWS1202 LJE Notes (2).pdf - Week 1 Introduction Readings 1 Practising Professionalism Observations from an Empirical Study of New Australian Lawyers

LAWS1202 LJE Notes (2).pdf - Week 1 Introduction Readings 1...

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Week 1 Introduction Readings : 1) Practising Professionalism: Observations from an Empirical Study of New Australian Lawyers - Professionalism means different things to different lawyers - More than just being technically proficient in their practice of law - Professionalism implies independent work to high standards of ethics & public service - ‘ traditional’ ideals of professionalism ( autonomy, collegiality, public service) - Technical view of professionalism focuses on the mastery of highly specialised knowledge, predominates in the new,technology Lecture 1 - The role of lawyers connecting law to society - lawyers as ‘ gatekeepers’ to the legal system - The ‘ law in the books’ v ‘ the law in action’ - Made into practise to put in effect - Not to put the law into operation ( role of lawyers) - How lawyers affect the law in action - Ideas about lawyers’ roles ; importance of legal ethics ; problems of access to justice - Focus on developing skills as law students and later as professionals Professionalism - What is a profession ? - 1. Specialist theoretical knowledge and skill - 2. Admission requires specified education & training qualifications - 3. Exclusive right to practice in certain matters
- 4. Activities are regulated/controlled by the profession ( self-regulation) - 5. A shared culture/ common set of values 2 Broad ethical standards for lawyers : A) Duty to the court & administration of justice B) Duty to client ( confidentiality, loyalty) - Sometimes they come into conflict with each other - E.g To ask the client plead not guilty to a charge when the lawyer knows that he is guilty Traditional view : four key attributes 1) Autonomy - Lawyers have an ability to perform under their own discretion - Not autonomous because of the nature of work - Professional autonomy level is same between self-employed lawyers/ lawyers working in a firm - Same question to lawyers may lead to different answers 2) Task variety competence - Lawyers’ work is not routined - Uncertain and complex - Have to be able to take on to unexpected task and respond to them in effective ways 3) Collegiality 合議制 - Lawyers rely upon a networking of cooperating relationships - Both within the firm and also within the local legal profession 4) Public service - Embedded in the idea of having duties to the client - Re Foster (1950) 50 SR ( NSW ) 149 - Pro Bono practices - No single unified legal profession
Week 2 The Legal Profession Lecture 2 The structure of the legal profession - Basic distinction between solicitor & barrister Barrister : - Courtroom advocacy, providing written opinions to solicitors ( on questions of law ) - Needs expert advice on cause of action - Solicitor’s role to deal directly with the client - Solicitor deals with documentary work - Usually acting on instructions from solicitors, but in some jurisdictions can take instructions directly from client - Two important rules affect practice : 1) Sole Practice rule : cannot be in partnership or act as an employee of

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