Units

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Sample subject outline - Summer 2 2012

Note: Subject outlines often change before the semester begins. Below is a sample outline.

Rationale

The legal profession, like any other profession, is governed not only by a set of legal rules but also by a range of ethical principles that relate particularly to the practice of the profession of law. An education in law would be incomplete without an understanding of these rules and principles and an ability to apply them in practice. These rules and principles reflect not only the moral values of the individual practitioner but also those of society at large. While the legal profession shares rules and principles with other professions, it owes duties not only to itself but also to the legal system, the judicial system and to the public. It is within this framework of responsibilities that the lawyers' duties to the client must be accommodated.

As a later year unit, you will be expected to bring earlier level capabilities to this unit, and to be equipped to engage with the expectations of this unit. Although a number of the issues considered will have already been raised during your studies in law, this unit brings all of these issues together so that you will be able to respond confidently and ethically to any situations that are likely to arise in the future.

Aims

The aim of this unit is twofold: first to ensure that you understand the legal and ethical responsibilities of a professional lawyer and second to ensure that you have a framework of ethical analysis which will allow you to respond appropriately to ethical dilemmas that might arise in your professional life.

Objectives

On successful completion of this unit you should be able to:
(1) appreciate and understand what it is to be a professional and a professional in the discipline of law;
(2) understand, value and promote ethical standards and professional responsibility within the law and legal profession;
(3) recognise and define legal and ethical dilemmas/risks in a range of real world contexts;
(4) apply the major approaches to ethical thought to real world problems to demonstrate your knowledge and understanding;
(5) provide solutions to resolve legal and ethical dilemmas by applying the legal, statutory, and ethical standards relevant to the legal profession and effectively communicate the issues and solutions;
(6) reflect on your understanding of the ethical framework and develop appropriate strategies to avoid legal and ethical risks;
(7) identify and apply the requirements for trust accounts and their management to demonstrate your understanding; and
(8) effectively manage your time and prioritise activities in independent and collaborative environments and evaluate and reflect upon your own capabilities (strengths and weaknesses) to utilise this knowledge to maximise effective study and work practices.

Content

The focus of this unit is on the responsibilities of legal practitioners in Queensland. The topics covered are:

• what constitutes a profession and the particular attributes of the legal profession;


• why ethical analysis is important in understanding the obligations associated with legal practice;


• the legal and equitable responsibilities of members of the legal profession;


• the professional and ethical standards required of members of the legal profession;


• the disciplinary processes governing the profession and the institutional framework within which the profession is regulated; and


• the requirements for maintaining trust accounts.

Skills
In this unit you will further develop the following skills (explicitly and implicitly):

• Critical thinking and legal analysis;


• Problem solving;


• Oral and written communication; and


• Ethical orientation.

Graduate Capabilities
Your understanding of the unit content and the further development of these skills will assist you to acquire the following law graduate capabilities:
1 Discipline Knowledge;
2 Problem Solving, Reasoning and Research;
3 Effective Communication;
4 Life Long learning;
5 Work Independently and Collaboratively; and
6 Professional, Social and Ethical responsibility.

Approaches to Teaching and Learning

This unit is a combination of content and skills that will develop your graduate capabilities and assist you with your transition to professional work. Therefore the unit is taught primarily through prescribed materials, online activities (to assist with your continued development as an independent learner)pre-recorded lectures (to assist your understanding of trust accounting) and tutorials (to allow you to practise and develop your skills of communication, ethical orientation and problem solving).
Study Guide
The Study Guide for the unit provides an outline of relevant content, prescribed readings and tutorial exercises.
Lectures
Recorded lectures will be available in weeks 1, 2 and 3 (approximately 1.5 hours each) and a lecture on trust accounting will be released before week 8 (approximately 3 hours).
Online Materials
The Blackboard site contains prescribed resource materials and online activities.The online activities require you to work through a series of multiple choice questions based on the prescribed readings. The online activities will provide you with feedback about your understanding of the topics. Each of these activities will take about an hour to complete. You will also complete an online computer program called Entry into Valhalla. This program includes a series of scenarios created using the Second Life virtual environment and depicting the kind of ethical dilemmas commonly encountered in legal practice in the real world. These scenarios will form the basis for discussions in several of your tutorials.
Tutorials
Students will participate in intensive mode face-to-face tutorials. The tutorials require preparation through independent reading, and the completion of the online activities and the Entry into Valhalla computer program.

Assessment

Assessment in this unit is both summative and formative.Formative assessment (feedback) is designed to provide you with feedback on your understanding of unit concepts and on your ability to demonstrate the graduate capabilities and skills being taught in this unit. In this unit you will receive formative feedback through:

• your tutor in relation to participation in tutorials;


• the online activities;


• individual feedback on your written problem solving tasks;


• generic feedback on the unit's Blackboard site; and


• the option of private consultation with a member of the teaching team during student consultation.

Assessment name: Quiz/Test
Description: The online exam is designed to test your knowledge of the prescribed readings and the concepts of professional responsibility. The multiple-choice questions will have 4 choices, one of which will be the best answer. There will be no penalty for incorrect answers or unanswered questions.
Relates to objectives: 1-5 & 8
Weight: 10%
Internal or external: Internal
Group or individual: Individual
Due date: See Blackboard Site

Assessment name: Discussion Forum
Description: Your preparation for and participation in tutorials will be formally assessed.
Relates to objectives: 1-8
Weight: 10%
Internal or external: Internal
Group or individual: Individual
Due date: See Blacboard Site

Assessment name: Written outline of submission
Description: Your written outline of submissions (maximum 1,000 words) arguing an application for Admission before the Court of Appeal or a disciplinary application before the Legal Practice Committee or the Queensland Civil and Administrative Tribunal (QCAT).
Relates to objectives: 1-5 and 8
Weight: 30%
Internal or external: Internal
Group or individual: Individual
Due date: See Blackboard Site

Assessment name: Examination (Theory)
Description: An open book examination covering all topics of the unit with a compulsory question relating to Trust Accounts.
Relates to objectives: 1-8
Weight: 50%
Internal or external: Internal
Group or individual: Individual
Due date: Central Exam Period

Academic Honesty

Academic honesty means that you are expected to exhibit honesty and act responsibly when undertaking assessment. Any action or practice on your part which would defeat the purposes of assessment is regarded as academic dishonesty. The penalties for academic dishonesty are provided in the Student Rules. For more information you should consult the QUT Library resources for avoiding plagiarism.

Resource materials

Prescribed Materials

Stephen Corones, Nigel Stobbs and Mark Thomas, Professional Responsibility and Legal Ethics in Queensland, Lawbook Co., 2008.

Reference Materials:

Dal Pont, Lawyers Professional Responsibility, 4th ed, LBC, 2009.
Parker & Evans,Inside Lawyers' Ethics, Cambridge University Press, Cambridge, 2007.

Blackboard Site
Online resources for this unit are available on the unit blackboard site.

Risk assessment statement

There are no out of the ordinary risks associated with this unit

Disclaimer - Offer of some units is subject to viability, and information in these Unit Outlines is subject to change prior to commencement of semester.

Last modified: 09-Nov-2011