Law Ethics

The responsibilities maintained by lawyers that are guided by laws that they must abide by. When issues arise, and precedent cases are to support this then lawyers must be guided by appropriate rules and still uphold their obligation and duty of ethic standards. To resolve ethical dilemmas generally and such dealings with clients must be done so appropriately. Evaluate relevant laws and cases and discuss and explain issues. Consistently use of footnotes and a bibliography list.

INSTRUCTIONS: 3 mini essays minimum 500 words each.

Introduction  and conclusion VERY briefly only 50 words.

MUST engage in as much of the resources stated and provided for each essay question. VERY IMPORTANT this includes, relevant ASCR rules,legal professionals act 2007 legislation for  ALL essay questions including specific , articles  and cases to include on each subject within each question. NOTE: very small word count for each essay question, therefore MUST stick to engaging in required resources stated and provided ONLY so no general  descriptive writing. Provide an analytical answer. No unnecessary or irrelevant information. MUST include concise arguments  on the legal ethics issues presented relating to practising  lawyers in Queensland, Australia. NO OTHER research permitted material ( ethics booklet ) included . This subject is NOT made for irrelevant outside research or resources . Only Queensland, Australia ethics practice lawyers. So NO OTHER  resources permitted to be included in anyone of  the questions answer. Please also make sure to footnote regularly to various included and stated resources include title year author page/ section / rule  numbers  for each footnote and bibliography list at end.  Here’ s a link to “ethics_booklet.docx” in my Dropbox: https://www.dropbox.com/s/5onaev0j2vn8ivi/ethics_booklet.docx?dl=0
QUESTION ONE: may be longer 600- 700 words as three main issues to cover a)b)c below  Although Debbie Kilroy was admitted to practice in Queensland with a history of drug convictions and time in jail, her story was public and she was already doing important work.  However, some applicants are refused admission. Note she’s not directly important   to discuss it’ s the issues of admission  and c) is regarding prior convictions.  ?What are the key requirements for admission? ?What is the approach of the court in these cases?   ?What are the reasons people are refused admission?   ?What are the emerging issues about admission for law students? ?Please provide some relevant case examples in your answer.work of lawyers = duty of competence = admission      text Dal Pont Chapter 2 find online version or article that discusses it background; Requirements for admission •Good fame = reputation•Good character = personal qualities •Why character-based requirements? ?  Person held out to be fit to act as a lawyer, to be entrusted by the public and in whose integrity the public can be confident: Ex Parte Lenehan (1948) 77 CLR 403 at 426good fame & character
?  Particularly important is evidence going to an applicant’ s honesty, given that ‘ the demands of honesty and fair dealing are probably greater in the legal profession than any other profession’ . Frugtniet [2005] VSC 332 (DP 2.35) •explain and under legislation •Character-based requirements:?  Good fame and character: s9(1) LPA 2007? Fit and proper person to be admitted to practice: s31(1) LPA 2007  INSTRUCTIONS for Question 1 ; REFER TO page 83 week 9 Admission from the compiled notes aka ethics booklet in addition to what’s provided below as references for discussion  3 of these issues needs tone discussed when answering the above question onadmission for lawyers – remember its to do with ethics – this will be apparent in the sources provided including articles, rules, cases and legislation issue  a) academic misconduct  -page 83 week 9 Admission  INSTRUCTIONS MUST include following references in explanation – https://lr.law.qut.edu.au/article/view/534 – http://www.austlii.edu.au/au/journals/MonashULawRw/2008/13.html note include legal professional act 2007 and cases discussed from there
-M Thomas, ‘ Admission as a Lawyer: The Fearful Spectre of Academic Misconduct’ (2013) 13(1) QUT Law Review ? F Bartlett, ‘ Student Misconduct and Admission to Legal Practice: New Judicial Approaches’  (2008) 34(2) Monash University Law Review 309 – academic misconduct and non disclosure  •Re AJG (2004) QCA Law Society of Tasmania v Richardson (2003)  Tas •Re OG, a Lawyer [2007] VSC 520 articles by Thomas and Bartlett •Bartlett – extent of judicial intrusion into academic decision-making  •Thomas – judicial reconsideration of academic decisions – and implications of breadth conduct potentially included  articles by Thomas and Bartlett •Bartlett – extent of judicial intrusion into academic decision-making  •Thomas – judicial re-consideration of academic decisions – and implications of breadth conduct potentially included  legal ethic issue b) social media  INSTRUCTIONS refer to the following list of sources provided for creating an argument for the section include and sicss the most relevant tha relates to social media and IMPORTANT provides further discussion to the relevant cases, act and rules
refer to “ethical sins in social media” by Stafford Shepherd Queensland law society  “duty to not disclose confidential information we have acquired during a client engagement rule 9 of ASCR In the course of representing a client , we must not, in any communication, use tactics that go beyond legitimate advocacy which are primarily designed to embarrass or frustrate another person (rule 34.1.3 ASCR). Nor are we entitled to knowingly make a false statement to an opponent (rule 22.1 ASCR). If we used a social networking site tocollect material about an opponent party or witness by purposeful deception, such as “friending…http://www.qls.com.au/Knowledge_centre/Ethics/Resources/Confidentiality/Confidentiality/Ethical_issues_when_using_social_media INSTRUCTIONS MUST include discussion on case on legal services commission and jacob lazar reichman 2014 -May it tweet the court: Ethical considerations involving Australian lawyers’ social media use. / Krawitz, Marilyn G. In: Journal of Civil Litigation and Practice, Vol. 2, No. 2, 2013, p. 1-15.