Ethics, professional responsibility and legal practice

✍ Scribed by Ysaiah Ross; Peter J. M. MacFarlane

• Publisher: LexisNexis Butterworths
• Year: 2017
• Tongue: English
• Leaves: 983
• Edition: 1
• Category: Library

✦ Table of Contents

Full Title
Copyright
Preface
Table of Cases
Table of Statutes
Table of Contents
1 Legal Ethics and Professional Practice
Introduction
The Study of Lawyers’ Professional Responsibility
Definitions
Professional Rules of Conduct
Lying
Some Ethical Problems for Consideration
How are Lawyers Perceived?
Applying Lawyering Techniques to Ethical Problems
Ethical Obligations of Lawyers in Terms of the Professional Rules of Conduct
The Amoral Lawyer
The Moral Lawyer
Attributes of a Profession
What is not Acting as a Professional?
Codes of Ethics
Monopoly Over Legal Services
2 The Structure and Regulation of the Legal Profession in Australia
Introduction
Arguments for and Against the Present Structure
Restrictive Rules of the Bar
Regulation of Lawyers by Lawyers
National Regulatory System — Legal Profession Uniform Law
3 Admission to Practice
Introduction
Educational and Practical Training Requirements
Mutual Recognition
‘Good Fame and Character’
Student Misconduct
4 Discipline
Introduction
Inherent Power of the Courts
Statutory Categories of Misconduct
Common Law Categories of Misconduct
Inquisitorial Aspects — Candour and Cooperation
Penalties, Procedures and Overcharging
Conduct Outside Professional Practice
5 The Representation of Clients
Introduction
Duty to Accept Work
Repugnant and/or Unpopular Clients
Representation for Serious Criminal Charges
Duty to Continue to Act
Communication and Control
Information and Advice
Offers of Settlement
Duties in Relation to Client Instructions
Duties in Relation to Advocacy
Particular Aspects — Children and Clients with Disabilities
6 Competence and Care
Introduction
Professional Rules of Conduct
Duties Owed to the Client in Relation to Competence and Care
Accepting Instructions Within the Practitioner’s Area of Competence
Keeping the Client Informed and Completing the Required Work Within a Reasonable Time
Undertaking Work in a Manner so as Not to Incur Unnecessary Costs for the Client
The Standard of Care
Non-Client Liability — Wills
Non-Client Liability — Other Areas
Development of the Immunity Doctrine
Abolition of the Immunity Doctrine in England
Retention of the Immunity Doctrine in Australia
7 Confidentiality and Privilege
Introduction
The Nature of Confidential Information
Professional Rules of Conduct Concerning Confidentiality
Grounds for the Disclosure of Confidential Information
General Principles in Relation to Legal Professional Privilege
The Rationale for the Privilege
Privilege in Relation to Government and Corporate Lawyers
Classes of Documents that Attract Legal Professional Privilege
The Sole and Dominant Purpose Tests
Circumstances Where Privilege can be Lost
Abrogation by Statute
Waiver
Improper or Illegal Purpose
8 Conflicts of Interest
Introduction
Rules of Professional Conduct
Areas of Potential Conflict and ‘Chinese Walls’
Acting for more than One Party
The Lawyer, the Client and Vested Interests
The Lawyer as a Potential Witness
Opposing a Former Client
9 The Adversary System
Introduction
Rules of Professional Practice
The Role of the Judge
Unrepresented Parties
The Role of the Advocate
The Role of the Prosecutor
Confessions of Guilt
10 Duties of Diligence, Integrity and Candour
Introduction
The Avoidance of Unreasonable Delay
Interference with Witnesses and Others
Duty of Candour and Frankness
The Giving of Undertakings
Index