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Unit outline_

LAWS5009: The Legal Profession

Semester 1, 2020 [Normal evening] - Camperdown/Darlington, Sydney

The Legal Profession Unit of Study is a mandatory �Priestley 11' subject. We critically examine issues relevant to lawyers' role in society: professionalism, lawyers' conduct, lawyers' ethical obligations and choices, and the regulation of legal services. We examine the nature of legal professionalism and its inherent relationship with ethics, values and morals, as well as its relationship with commerce. We explore the shifting profile of the profession, the response of the profession to these demographic changes, and the major cultural and economic forces that operate on legal professionalism and regulation of the profession. From that base we analyse access to justice issues, different notions of lawyering, the structure of the legal profession, and diverse theoretical views and models of regulation. We move on to consider the lawyer-client relationship and strategies to facilitate equality and effective communication in the delivery of legal services. Finally, we examine lawyers' duties to clients and the Court, and the ways in which the rules and principles of confidentiality and conflicts of interest affect the advice and representation lawyers provide for clients. This unit of study requires your active participation in class discussion, and your critical reflection on the issues raised throughout the semester.

Unit details and rules

Academic unit Law
Credit points 6
Prerequisites
? 
None
Corequisites
? 
None
Prohibitions
? 
LAWS1001 or LAWS2013 or LAWS3002 or LAWS3004
Assumed knowledge
? 

None

Available to study abroad and exchange students

No

Teaching staff

Coordinator Simon Rice, simon.rice@sydney.edu.au
Lecturer(s) Tahlia Gordon, tahlia.gordon@sydney.edu.au
Type Description Weight Due Length
Assignment Research essay
Research essay
0% Week 06
Due date: 03 Apr 2020 at 12:00
2000 words
Outcomes assessed: LO1 LO2 LO3 LO5
Assignment Court activity and reflection
A written plea or bail presentation, and written reflection
0% Week 09
Due date: 27 Apr 2020 at 12:00
300 + 1000 words
Outcomes assessed: LO1 LO2 LO3 LO6
Assignment Take-home assignment
Problem scenarios
0% Week 14 (STUVAC)
Due date: 01 Jun 2020 at 12:00
2500 words
Outcomes assessed: LO2 LO3 LO4

Assessment summary

 

  1. Research essay, worth 30%, on a choice of topics
  2. Plea/bail reflection, worth 20%, in which a script for a plea or bail application is written in response a client’s instructions, and a short written work reflects on personal responsdes to the ethical issues raised
  3. Take-home assignment, worth 50%, in which a number of problem scenarios raise ethical issues to be identified and resolved.

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2014 (Schedule 1).

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name

Mark range

Description

High distinction

85 - 100

  • Completely answers the question.
  • Contains striking originality of approach or analysis.
  • Demonstrates exhaustive or innovative research (where independent research required).
  • Exceptionally well written, structured and expressed.
  • Is otherwise exceptional in some way.

Distinction

75 - 84

  • Completely answers the question.
  • Achieves a critical and evaluative approach to the issues.
  • Content and structure is well organised in support of the argument.
  • Demonstrates extensive research and analysis to support a well-documented argument.
  • Generally well expressed and free from errors.
  • Has a clear structure and is well articulated.

Credit

65 - 74

  • Covers main issues fairly well in answering the question.
  • Contains no significant errors.
  • Demonstrates an attempted critical approach to the issues.
  • Demonstrates reasonably sound research and analysis in addressing the key issues.
  • Has a clear structure and reasonably clear expression.

Pass

50 - 64

  • Identifies the key issues, but does not follow through with a reasoned argument.
  • Contains some significant errors.
  • Displays satisfactory engagement with the key issues.
  • Offers a descriptive summary of material relevant to the question.
  • Superficial use of material, and may display a tendency to paraphrase.
  • Demonstrates little evidence of in-depth research or analysis.
  • Adequate expression.
  • Overall, demonstrates the minimum level of competence in the assessment and satisfies the requirements to proceed to higher-level studies in the degree or subject area.

Fail

0 - 49

  • Does not answer the question.
  • Contains significant or numerous errors.
  • Few or no identifiable arguments.
  • Content that is inappropriate or irrelevant.
  • Lack of research or analysis.
  • Difficult or impossible to understand through poor grammar, expression or structure.
  • Overall, does not demonstrate the minimum level of competence in the assessment.

For more information see guide to grades.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

  • Deduction of 5% of the maximum mark for each calendar day after the due date.
  • After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

The late submission of a piece of assessment, which has not been granted an extension prior to the due date, will attract a penalty of 10% of the total marks available for the piece of assessment if it is up to 24 hours late, 20% if it is 24-48 hours late, and 30% if it is 48-72 hours late. A piece of assessment submitted more than 72 hours late without an extension will not be marked and will be awarded a fail grade.

Academic integrity

The Current Student website provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

Use of generative artificial intelligence (AI) and automated writing tools

You may only use generative AI and automated writing tools in assessment tasks if you are permitted to by your unit coordinator. If you do use these tools, you must acknowledge this in your work, either in a footnote or an acknowledgement section. The assessment instructions or unit outline will give guidance of the types of tools that are permitted and how the tools should be used.

Your final submitted work must be your own, original work. You must acknowledge any use of generative AI tools that have been used in the assessment, and any material that forms part of your submission must be appropriately referenced. For guidance on how to acknowledge the use of AI, please refer to the AI in Education Canvas site.

The unapproved use of these tools or unacknowledged use will be considered a breach of the Academic Integrity Policy and penalties may apply.

Studiosity is permitted unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission as detailed on the Learning Hub’s Canvas page.

Outside assessment tasks, generative AI tools may be used to support your learning. The AI in Education Canvas site contains a number of productive ways that students are using AI to improve their learning.

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

WK Topic Learning activity Learning outcomes
Week 01 1. Introduction 2. Approaches to legal ethics Seminar (3 hr) LO1 LO2 LO3
Week 02 1. The future of lawyering and lawyers 2. Legal organisational culture and diversity Seminar (3 hr) LO1 LO2 LO3
Week 03 Regulation of the legal profession Seminar (3 hr) LO2 LO4
Week 04 Admission to practice Seminar (3 hr) LO2 LO4
Week 05 Duties to the court Seminar (3 hr) LO1 LO2 LO3
Week 06 Duties to the client Seminar (3 hr) LO1 LO2 LO3
Week 07 1. Duty of confidentiality 2. Client legal privilege Seminar (3 hr) LO1 LO2 LO3
Week 08 Plea exercise Seminar (3 hr) LO1 LO3
Week 09 1. Conflict of duty and interests 2. Conflict duties of loyalty Seminar (3 hr) LO1 LO2 LO3
Week 10 1. Duties in specific areas of practice 2. Costs, and duty to account Seminar (3 hr) LO1 LO2 LO3
Week 11 1. Lawyers’ misconduct 2. Disciplinary proceedings Seminar (3 hr) LO3 LO4
Week 12 1. Tortious liability; advocates’ immunity 2. Review and revision Seminar (3 hr) LO1 LO2 LO3 LO4

Attendance and class requirements

  • Attendance: See Canvas for details. 
  • Word count: If a piece of assessment exceeds the prescribed limit for the task, only the text within the limit will be read and assessed; the excess part will not be read. If a word count is set, it will: exclude: bibliography, footnote numbers, footnote citations, and any cover page, and will include: body text, headings and sub-headings, quotations, and anything other than numbers and citations in footnotes.
  • Referencing: The Sydney Law School expects you to use the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting for the research essay, but not for the reflection or the take-home assignment.  You will receive a more detailed guide to referencing requirements in the assessment instructions. For legal referencing help, use this link to the library website: https://libguides.library.usyd.edu.au/c.php?g=508115&p=3476146 .



With the move to online delivery the Law School attendance requirement no longer applies. Students should refer to Canvas for details of class engagement in individual units of study.
 

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

  • Prescribed text: Prescribed text: John Littrich and Karina Murray, Lawyers in Australia, The Federation Press, Sydney, 2019
  • Additional weekly readings will be listed on Canvas and available through the Library eReserve.

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

At the completion of this unit, you should be able to:

  • LO1. talk knowledgeably about the roles that lawyers play in enabling access to justice
  • LO2. know the source, nature and meaning of lawyers' essential professional obligations
  • LO3. identify and address a professional ethical issue in legal practice
  • LO4. describe the standards and processes for holding lawyers accountable for their professional behaviour
  • LO5. conduct original legal research, and engage in a critical analysis of legal materials
  • LO6. engage in reflective practice.

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1 Depth of disciplinary expertise

Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.

GQ2 Critical thinking and problem solving

Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.

GQ3 Oral and written communication

Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.

GQ4 Information and digital literacy

Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.

GQ5 Inventiveness

Generating novel ideas and solutions.

GQ6 Cultural competence

Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.

GQ7 Interdisciplinary effectiveness

Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.

GQ8 Integrated professional, ethical, and personal identity

An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.

GQ9 Influence

Engaging others in a process, idea or vision.

Outcome map

Learning outcomes Graduate qualities
GQ1 GQ2 GQ3 GQ4 GQ5 GQ6 GQ7 GQ8 GQ9

This section outlines changes made to this unit following staff and student reviews.

An optional class participation mark is now available.

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

To help you understand common terms that we use at the University, we offer an online glossary.