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LAW4309 Ethics Course Notes
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LAW4309 Ethics Course Notes

LAW4309 - Lawyers ethics in practice

26 Pages Monash University Complete Study Notes Year Uploaded: 2016

Four Ethical Approaches: 2 Hierarchy and Duties 2 (1) Duty to Obey the Law 2 (2) Duty to the Court 3 (a) Duty of Candour 4 (b) Duty not to abuse court processes 4 (c) Duty not to corrupt the administration of justice 4 (d) Duty to conduct cases efficiently and expeditiously 6 (3) Duty to the Client 6 (a) ADR 7 (b) Cab-Rank Rule 7 (c) Criminal Pleas 7 (d) Media Comments 7 (4) Duties to Others (Third Parties and Other Lawyers) 7 Fiduciary Duties to Client – Confidentiality 7 (1) Is it confidential information? 7 (a) ASCR 8 (b) BCR 8 (2) Is information protected by Client Legal Privilege? 8 (a) Expressed Waiver 8 (b) Implied waiver 9 (c) Misconduct 9 (d) Associate Accused 9 (e) Other 9 (3) Has there been authorisation? 9 (4) Has there been a breach? 9 COSTS 10 (1) Is the client vulnerable? LPUL Part 4.3 Div 1 10 (2) Are the costs fair and reasonable under Div 2? 10 (3) Has there been valid disclosure under LPUL Div 3? 11 (4) Is there a valid costs agreement under Div 4? 11 (5) Is there a Valid Bill under Div 5? 11 (7) Cost Assessments under Div 7 12 (8) Consequences of Breach/Non-compliance 12 (a) Consequences of Gross overcharging (Not Fair and Reasonable) 12 (b) Non-compliance with Disclosure Obligations (s178 LPUL) 12 (c) Non-compliance with Cost Agreement 13 (d) Non-compliance with Billing 13 Admissions: NEW APPLICANTS 13 (1) Fit and Proper Person 13 (a) Good Fame and Character (r10(1)(f) LPULAR) 14 (b) LPULAR r15-20 15 (2) Complete Candour and Disclosure 15 (3) Mitigating Factors 15 (4) Conclusion 15 Regulation and Disciplinary Consequences 15 (1) Regulation After Admission 15 (a) Ongoing Obligation to be Fit and Proper 16 Conflict of Interest 21 (1) Duty-Interest (Lawyer-Client) 21 (a) Intimate personal relationships with clients 21 (b) Lawyer as Witness in Client’s Case: 21 (c) Lawyer has stake in outcome: 21 (2) Duty-Duty (Concurrent Conflicts) 22 (a) Fiduciary/Duty of loyalty ground: 22 (b) Confidentiality ground: 22 (3) Successive Conflicts 22 (a) Fiduciary Duty: 22 (b) Misuse of client’s confidential information: 23 (b) Inherent Jurisdiction 23 (c) Effective Information Barrier? 23 (d) Miscellaneous & Family Law Matters: 23 Trust Accounting 24 (1) Is it Trust Money? 24

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