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/ Diploma in Law /LEGAL PROFESSION
ADMISSION BOARD
/ /LAW EXTENSION COMMITTEE
LAW EXTENSION COMMITTEE SUBJECT GUIDE
17 LEGAL ETHICS
SUMMER SESSION 2016-17
This Guide includes the Law Extension Committee’s course information and teaching program and the Legal Profession Admission Board’s syllabus. The syllabus is contained under the heading “Prescribed Topics and Course Outline” and has been prepared in accordance with Rule 27H(a) of the NSW Admission Board Rules 2015.
Course Description and Objectives / 1Lecturers / 1
Assessment / 1-2
March 2017 Examination / 2
Texts and Materials / 3
Lecture Program / 4
Weekend Schools 1 and 2 / 5
Compulsory Assignment / 6
Assignment Questions / 6
Sample Examination Question / 6-8
Prescribed Topics and Course Outline / 9-21
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LAW EXTENSION COMMITTEE
/SUMMER 2016-17
17 legal ethics
COURSE DESCRIPTION AND OBJECTIVES
Legal Ethics has been designed to avoid a philosophical and purely academic approach to the recognition of the demands and standards imposed upon or expected of practitioners. Therefore, as well as stressing the fundamental duties and obligations, the apparent conflicts and their resolution, time is also spent in considering the disciplinary apparatus and functions.
The course has limited opportunity to consider hypothetical examples but these are considered important, so as to bring home the point that, in practice, grave problems often arise without warning.
The objectives of the course are therefore:
(a) to give the student a sound background of the statute, common law and rules and regulations which govern professional practice as a barrister or solicitor;
(b) to provide guidance as to what can go wrong, how to recognise a problem, and what help is available, and what may occur where there has been an ethical breach.
LECTURERS
Mr M P Sindone, BSc (Syd), LLM (UTS)
Mr Mario Sindone is a solicitor practising with a large commercial firm, principally in the areas of intellectual property and commercial litigation. He holds degrees in science and law from the University of Sydney and the University of Technology, Sydney. Mr Sindone practised as a barrister for ten years and during that period he was a member of the NSW Bar Association Professional Conduct Committee and has represented the NSW Bar Association in matters before the Legal Services Tribunal.
Mr L W Pierotti, BA, LLB (Macq), LLM (Syd)
Mr Louis Pierotti is the Litigation Manager of the Professional Standards Department of the Law Society of New South Wales and conducts litigation in disciplinary matters. He is an executive member of the Society's Professional Conduct Committee.
ASSESSMENTTo be eligible to sit for the Board’s examinations, all students must complete the LEC teaching and learning program, the first step of which is to ensure that you have registered online with the LEC in each subject for which you have enrolled with the Board. This gives you access to the full range of learning resources offered by the LEC.
To register with the LEC, go to www.sydney.edu.au/lec and click on the WEBCAMPUS link and follow the instructions. Detailed guides to the Webcampus are contained in the material distributed by the LEC, in the Course Information Handbook, and on the Webcampus.
Eligibility to Sit for Examinations
In accordance with the NSW Admission Board Rules, the LEC must be satisfied with a student’s performance in a subject in order for the student to be eligible to sit for the examination, conducted by the Legal Profession Admission Board (LPAB). Assignments are used to assess eligibility.
Students are expected to achieve at least a pass mark of 50% in assignments to be eligible to sit for examinations. However, a category of “deemed eligible” has been introduced to offer students whose assignment mark is between 40-49% an opportunity to sit for the examination. In these circumstances students are often advised not to sit. A mark below 40% means a student is not eligible to sit for the examination.
Assignments as part of the Board’s Examinations
Assignment results contribute 20% to the final mark in each subject.
The Law Extension Committee (LEC) administers the setting and marking of assignments. The LEC engages the LPAB’s Examiners to assess or supervise the assessment of assignments.
Submission
Assignments must be received by 11:59pm on the due date unless an extension has been granted. Extensions must be requested by email prior to the due date. Specific supporting evidence must be provided. Assignments that are more than ten days late will not be accepted. Late assignments attract a penalty of one mark out of 20, or 5% of the total marks available, per day.
Assessment
Assignments are assessed according to the “Assignment Grading and Assessment Criteria” outlined in the Guide to the Presentation and Submission of Assignments. Prior to the examination, assignments will be returned to students and results posted on students’ individual results pages of the LEC Webcampus. Students are responsible for checking their results screen and ascertaining their eligibility to sit for the examination.
Review
Where a student’s overall mark after the examination is between 40-49%, the student’s assignment in that subject will be included in the Revising Examiner’s review. The final examination mark is determined in accordance with this review. Assignment marks will not otherwise be reviewed.
MARCH 2017 EXAMINATION
Candidates will be expected to have a detailed knowledge of the prescribed topics.
Candidates will be expected to have made a study of the prescribed materials in relation to those topics, and to have analysed the cases contained in the Law Extension Committee's course outline.
All enquiries in relation to examinations should be directed to the Legal Profession Admission Board.
texts and materials
Course Materials
· Legal Ethics Coursebook (Available from the “Course Materials” section of the LEC Webcampus. Please note that updates to materials contained in this coursebook will be provided by the lecturers as the semester progresses.)
· Guide to the Presentation and Submission of Assignments (Available on the LEC Webcampus)
Prescribed Materials
· Legal Profession Uniform Conduct (Barristers) Rules 2015 (Bar Rules) (at http://www.nswbar.asn.au/)
· Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015 http://www.legislation.nsw.gov.au/sessionalview/sessional/sr/2015-244.pdf (Solicitors’ Rules)
· Legal Profession Uniform Law (NSW) 2015 (at http://www.lawfoundation.net.au)
Reference Materials
· Ross and MacFarlane: Lawyers’ Responsibility and Accountability: Cases, Problems and Commentary, 4th ed. LexisNexis, 2011
· Riley Solicitors Manual, LexisNexis (loose-leaf service)
· Ross, Ethics in Law: Lawyers’ Responsibility and Accountability, 6th ed. LexisNexis, 2013
· Dal Pont, Lawyers’ Professional Responsibility, 6th ed. Thomson Reuters, 2016
LEC Webcampus
Once you have registered online with the LEC, you will have full access to the facilities on the LEC Webcampus including links to relevant cases and legislation in the Course Materials section.
Useful Website
A website that contains most, if not all, the legislation and unreported cases used in this course is the Law Foundation website at: http://www.lawfoundation.net.au
NOTE: Cases and other references will be updated during the session – it is essential for students to frequently check the Course Materials section of the webcampus to obtain these updates.
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LECTURE program
Evening lectures in Legal Ethics will be held on Fridays commencing at 6.00pm on 11 November 2017.
WEEK
/ TOPIC / KEY READING / VENUE1
11 Nov / Solicitors’ duties and the regulation of solicitors / Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015
Harvey v Law Society of NSW
NSW Bar Association v Cummins
Re Mayes and the Legal Practitioners Act
Bridges v Law Society of New South Wales / New LSLT 026
2
18 Nov / Misconduct and unsatisfactory professional conduct
The disciplinary apparatus / Legal Profession Uniform Law (NSW) 2015
Allinson v General Council of Medical Education and Registration
Kennedy v The Council of the Incorporated Law Institute of New South Wales
See week 4 / New LSLT 026
3
25 Nov / No Lecture (Weekend School 1)
4
2 Dec / The disciplinary apparatus (cont) / Legal Profession Uniform Law (NSW) 2015
Walsh v Law Society of New South Wales (Beazley JA) / New LSLT 026
5
9 Dec / Confidentiality and privilege
Protecting the client and his/her lawyer / Evidence Act
Grant v Downs
Baker v Campbell
Sevic v Roarty (1998) 44 NSWLR 287
Esso Australia Resources Limited v The Commissioner of Taxation
Citibank v FCT
CAC v Yuill
Daniels v ACCC
Stewart v Strevens
Hawkins v Clayton
Field v Commissioner for Railways for New South Wales / New LSLT 026
6
16 Dec / Revision night for Mr Pierotti’s section of this course / CLT 273
Study Break: Saturday 17 December 2016 – Sunday 8 January 2017
7
13 Jan / The regulation of advocates / Clyne v The New South Wales Bar Association / CLT 273
8
20 Jan / Admission and expulsion of advocates / In Re Davis
Ziems v The Prothonotary of the Supreme Court of New South Wales
Prothonotary of the Supreme Court of New South Wales v Costello / CLT 273
9
27 Jan / No Lecture (Weekend School 2) /
10
3 Feb / An advocate’s duty to the court / Meek v Fleming
Rondel v Worsley / CLT 273
11
10 Feb / An advocate’s duty to the client / Rondel v Worsley
Giannarelli v Wraith / CLT 273
12
17 Feb /
An advocate’s duty to others
/ R v ApostolidesKelly v London Transport Executive / CLT 273
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Weekend SchoolS 1 and 2
There are two weekend schools principally for external students. Weekly lecture students may attend but should be aware that weekend school classes aim to cover the same material provided in weekly lectures and are primarily for the assistance of external students.
Please note that it may not be possible to cover the entire course at the weekend schools. These programs are a general guide and may be varied according to need. Readings are suggested to introduce you to the material to be covered in the lecture, to enhance your understanding of the topic and to encourage further reading. You should not rely on them alone.
Weekend School 1
TIME
/ MAJOR TOPICS / KEY READINGSaturday 26 November 2016: 8.00am – noon in Carslaw Lecture Theatre 373 (CLT 373)
8.10am-9.20am / Solicitors’ duties and the regulation of solicitors / As per Week 1
9.30am-10.35am / As above/Misconduct and unsatisfactory professional conduct / As above/As per Week 2
10.45am-noon / As above/The disciplinary apparatus / As per Weeks 2 and 4
Saturday 26 November 2016: 4.00pm – 8.00pm in Carslaw Lecture Theatre 373 (CLT 373)
4.00pm-5.20pm / The disciplinary apparatus (cont.) / As per Week 4
5.30pm-6.40pm / Confidentiality and privilege / As per Week 5
6.45pm-8.00pm / Protecting the client and his/her lawyer / As per Week 5
Weekend School 2
TIME
/ MAJOR TOPICS / KEY READINGSaturday 28 January 2017: 8.00am – noon in Carslaw Lecture Theatre 275 (CLT 275)
8.10am-9.20am / The regulation of advocates / Clyne v The New South Wales Bar Association
In Re Davis
9.30am-10.35am / Candour
Conduct in court / Ziems v The Prothonotary of the Supreme Court of New South Wales
Prothonotary of the Supreme Court of New South Wales v Costello
10.45am-noon / An advocate’s duty to the court / Meek v Fleming
Rondel v Worsley
Saturday 28 January 2017: 4.00pm – 8.00pm in Carslaw Lecture Theatre 275 (CLT 275)
4.00pm-5.20pm / An advocate’s duty to the client / Rondel v Worsley
Giannarelli v Wraith
5.30pm-6.40pm / An advocate’s duty to others / R v Apostolides
6.45pm-8.00pm / As above / Kelly v London Transport Executive
COMPULSORY ASSIGNMENT
In Legal Ethics, there is only ONE ASSIGNMENT. This assignment is compulsory and must be submitted by all students by the due date. A pass mark is 50%. Refer to the Guide to the Presentation and Submission of Assignments for the assignment grading and assessment criteria. Students who fail to satisfy the compulsory requirements will be notified through the Results screen on the Webcampus before the examination period of their ineligibility to sit the examination in this subject. The maximum word limit for the assignment is 1200 words inclusive of all footnotes but not bibliography).
The rules regarding the presentation of assignments and instructions on how to submit an assignment are set out in the LEC Guide to the Presentation and Submission of Assignments which can be accessed on the LEC Webcampus. Please read this guide carefully before completing and submitting an assignment.
The completed assignment should be lodged through the LEC Webcampus, arriving by 11:59pm on the following date:
Compulsory Assignment / Thursday 19 January 2017 / (Week 8)ASSIGNMENT QUESTIONS
To obtain the Legal Ethics assignment questions for the Summer Session 2016-17, please follow the instructions below:
1. Register online with the LEC (see page 24 of the Course Information Handbook for detailed instructions). Once you have registered, you will have full access to all the facilities on the LEC Webcampus.
2. Then go into the Webcampus, select the Course Materials section and click on the link to the assignment questions for this subject.
SAMPLE EXAMINATION QUESTION
Jones, solicitor, prepared Smith’s will, and in which will Smith left his entire estate to his beloved wife, Mabel. Jones was named as executor.
Smith was a frugal man who didn’t believe in banks and property; he just liked the idea of shares. His father had always said to him – people are greedy and will always buy shares so just buy but don’t sell until you need to. True to his father’s advice, Smith bought but didn’t sell, so much so that by the time of his death he had amassed a portfolio of shares conservatively worth $5m. Although Smith and Mabel had no children, they were happy and needed little to live on.
Smith died at the ripe old age of 99, leaving a distraught Mabel, aged 90, behind.
Jones had known Smith and Mabel for many years; they had first come to see him when he had started practicing some 30 years ago and they had just retired. Mabel trusted Jones as she would have trusted her son, had she been fortunate enough to have one.
Some days after the funeral, Jones went to see Mabel. She sat him down over a cup of tea and pulled out an old brown school bag – “This is everything Smithy and I own,” she said.