Law 208 Week 1 Assignment
MACQUARIE UNIVERSITY
LAW 208
Law, Laywers and Society
3 Credit points
Unit Guide
Semester 1, Year 2010
Macquarie Law School
Part 1 General information
Unit convenor and teaching staff
Position: Unit Convenor
Name: Therese MacDermott
Email: therese.macdermott@law.mq.edu.au
Phone: 9850 7067
Office: W3A Room 520
Consultation times: Tuesday 1.30pm-3.30pm and other times by appointment
Teaching Staff
Name: Lise Barry
Email: lise.barry@law.mq.edu.au
Phone: 9850 4237
Office: W3A Room 507
Consultation times: By appointment
Name: Pamela Morgan
Email: pamela.morgan@law.mq.edu.au
Phone: 9850 7100
Office: W3A Room 516
Consultation times: By appointment
Part 2. Academic Contents
Credit Points
3 Credit Points
Prerequisite …show more content…
6cp in LAW units at 100 level (P) or admission to graduate LLB program
Unit description
Law 208 consolidates the introduction to legal theory and the practice of law introduced to students in their first year of studies.
At the heart of the unit is a discussion about the role of the legal profession in society. Students are introduced to ideas about the practice of law: what is it that lawyers do, what are the ethics and rules governing the practice of law and what are the skills required of lawyers in their dealings with society?
The course begins with a general consideration of the perception of lawyers in society and the development of the profession. It then introduces students to the ethics and rules of practice and procedure that frame the professional duties of lawyers. Students will be engaged in discussions and learning activities designed to help them to identify and apply the values, rules and norms that lawyers need to apply in practice. The ethical duties imposed on lawyers, the ethical problems that confront them and the ethical dimensions of the lawyer’s experience; as student, professional and citizen, will be examined.
The course will also introduce students to the practical skills required of lawyers in their day to day interactions with society. The communication skills required of lawyers are examined, with an emphasis on listening skills, interviewing skills and cross cultural awareness. Students will be given opportunities to practice these skills in tutorials.
Unit outcomes
By the end of the semester, students should be able to: 1. Critically assess the role of the lawyer (and law student) in Australian society 2. Demonstrate an understand of different theoretical approaches to legal ethics and apply their understanding in a range of settings 3. Explain the way that lawyers’ ethics and conduct are regulated in Australia 4. Know the professional conduct standards that regulate lawyers including those relating to conflicts of interest, confidentiality and duties owed to the client, to the court, practitioners and others, and be able to apply them 5. Understand and demonstrate at a basic level the communication skills required in legal practice, especially listening skills, interviewing skills, and cross cultural communication skills.
Graduate capabilities
1. Discipline Specific Knowledge and Skills
Our graduates will take with them the intellectual development, depth and breadth of knowledge, scholarly understanding, and specific subject content in their chosen fields to make them competent and confident in their subject or profession. They will be able to demonstrate, where relevant, professional technical competence and meet professional standards. They will be able to articulate the structure of knowledge of their discipline, be able to adapt discipline-specific knowledge to novel situations, and be able to contribute from their discipline to inter-disciplinary solutions to problems.
2. Critical, Analytical and Integrative Thinking
We want our graduates to be capable of reasoning, questioning and analysing, and to integrate and synthesise learning and knowledge from a range of sources and environments; to be able to critique constraints, assumptions and limitations; to be able to think independently and systemically in relation to scholarly activity, in the workplace, and in the world. We want them to have a level of scientific and information technology literacy.
3. Problem Solving and Research Capability
Our graduates should be capable of researching; of analysing, and interpreting and assessing data and information in various forms; of drawing connections across fields of knowledge; and they should be able to relate their knowledge to complex situations at work or in the world, in order to diagnose and solve problems. We want them to have the confidence to take the initiative in doing so, within an awareness of their own limitations.
4. Creative and Innovative
Our graduates will also be capable of creative thinking and of creating knowledge. They will be imaginative and open to experience and capable of innovation at work and in the community. We want them to be engaged in applying their critical, creative thinking.
5. Effective Communication
We want to develop in our students the ability to communicate and convey their views in forms effective with different audiences. We want our graduates to take with them the capability to read, listen, question, gather and evaluate information resources in a variety of formats, assess, write clearly, speak effectively, and to use visual communication and communication technologies as appropriate.
6. Engaged and Ethical Local and Global citizens
As local citizens our graduates will be aware of indigenous perspectives and of the nation’s historical context. They will be engaged with the challenges of contemporary society and with knowledge and ideas. We want our graduates to have respect for diversity, to be open-minded, sensitive to others and inclusive, and to be open to other cultures and perspectives: they should have a level of cultural literacy. Our graduates should be aware of disadvantage and social justice, and be willing to participate to help create a wiser and better society.
7.
Socially and Environmentally Active and Responsible
We want our graduates to be aware of and have respect for self and others; to be able to work with others as a leader and a team player; to have a sense of connectedness with others and country; and to have a sense of mutual obligation. Our graduates should be informed and active participants in moving society towards sustainability.
8. Capable of Professional and Personal Judgement and Initiative
We want our graduates to have emotional intelligence and sound interpersonal skills and to demonstrate discernment and common sense in their professional and personal judgement. They will exercise initiative as needed. They will be capable of risk assessment, and be able to handle ambiguity and complexity, enabling them to be adaptable in diverse and changing environments.
9. Commitment to Continuous Learning
Our graduates will have enquiring minds and a literate curiosity which will lead them to pursue knowledge for its own sake. They will continue to pursue learning in their careers and as they participate in the world. They will be capable of reflecting on their experiences and relationships with others and the environment, learning from them, and growing - personally, professionally and …show more content…
socially.
Part 3.
Assessment in this unit
Assessment at a glance
|Task |Weight |Due Date |Linked Unit Outcomes |Linked Graduate |Brief Description |
| | | | |Capabilities | |
|Class Participation |Pass/ Fail |N/A |1, 2, 3, 4, 5 |1, 2, 4, 5, 6, 7, 8, 9 |Criteria set out below |
|Court Observation Report |10% |Internals – |1, 3, 5 |1, 2, 3, 4, 5, 6, 7, 8 |2 page report |
| | |10 am 22 March | | | |
| | | | | | |
| | |Externals -10 am 8 | | | |
| | |April | | |
|
|Legal Ethics report |30% |10 am 30 April |1, 2, 3, 4, 5 |1, 2, 3, 4, 5, 6, 7, 8, 9 |8 page report |
|Take Home Exam |60% |TBC |1, 2, 3, 4, 5 |1, 2, 3, 4, 5, 6, 7, 8, 9 |Problem and short essay |
| | | | | |questions |
Assessment Tasks
Each components of assessment in this unit is compulsory. Students who do not attempt each component of assessment will not be eligible to pass this unit.
1. Participation: (Pass/Fail for the unit)
Tutorials in this unit only work if all students attend and give the entire group the benefit of their views based upon the readings and their experience.
You are required to participate in the tutorial role plays, discussions, debates and any other activities. You will be assessed on this component on a “Pass/Fail” basis. Tutors will engage in ongoing assessment of student participation using the following criteria:
1. Preparation and understanding of material: the student has listened to the lecture, read the required reading and has attempted to link the materials to the lectures, to other course materials and to their life experience
2. Ability to think critically about the material: the student is able to think critically about the materials from different angles and is able to question the materials
3. Clear expression of ideas: the student is able to clearly express their ideas about the materials
4. Engaging with other students: the student engages with others in the class taking an active role in discussions, role plays, debates and other activities assigned by the tutor. The student responds to others in the class by listening to them, providing constructive feedback and asking questions.
5. Demonstration of skills: The student is able to demonstrate communication skills including listening skills, interviewing skills and negotiation skills.
Students must pass the participation component of the course. Participation is assessed on a Pass/Fail basis. It is possible to fail this course on the basis of poor participation alone. Tutors will assess student participation on an ongoing basis and will immediately raise any concerns about poor participation with the student involved. Students will be given an opportunity to submit remedial work where there are concerns about participation.
External students will be assessed on their participation at the on-campus session.
2. Court Observation Report (10%)
The Court Observation Report requires students to spend a minimum of half a day observing court proceedings in any open court in an Australian jurisdiction and to write a short report on their observations. This assessment task gives students the opportunity to see first hand the operation of the court system and the role of lawyers. It aims to build student knowledge of the ethical dimensions of the legal system through their observations of the system in operation.
Student observations will also be used to inform on-going discussions in tutorials of issues such as communication between client and lawyer, interviewing skills, access to legal advice, self-represented litigants and mental health issues.
Students can choose which court they would like to attend. Details about the location of various courts can be found at www.lawlink.nsw.gov.au. Students should include on the cover page of their report the name of the court, the date they attended, and the case name (s) of the proceedings they observed. Details on court etiquette and how to behave appropriately in court will be provided through Blackboard.
The Court Observation Report should commence with a short paragraph outlining the type of proceedings you observed and a brief outline of what took place. You should then set out your observations on the nature and quality of the legal representation. This could include whether the parties had their own legal representation, whether there was any Legal Aid assistance available, the opportunity for private discussions between the lawyer and the client, and any observations you have of the lawyer-client relationship. Where you observed that a party had no legal representation, you are asked to comment on how the self represented litigant was dealt with by the court and whether you observed any disadvantage or advantage as a consequence.
In addition, you are required in your report to provide observations on at least one of the following points: • The formality or informality of the proceedings • Whether English was a second language for participants, the availability of interpreters, and your observations of any impact this had on the proceedings • The prevalence or otherwise of guilty pleas in criminal cases • Over representation of certain groups of defendants or accused.
As this is not a research task, you are not required to read beyond the prescribed text, the supplementary materials and the professional conduct rules.
There are specific formatting requirements for the report. The following deals with the instructions on how the paper is to be drafted:
Style and content: • It is to be no more than 2 pages long. Any words beyond 2 pages will not be read by the markers. • It is to be fully referenced in accordance with the Australian Guide to Legal Citation. • It must comply with the following formatting guidelines: ➢ Be typed on single sided A4 paper ➢ Be double spaced ➢ Be paginated ➢ Have margins of no less than 2.5cm each ➢ Have ‘Normal’ character spacing ➢ Be spell-checked ➢ Be typed in Times New Roman size 12 font ➢ Footnotes in size 10 font
3. Legal Ethics Report (30%)
Due date: 10 am Friday 30 April 2010.
This piece of assessment requires you to write a report based on the legal ethical issues presented in a movie or book, using the list of movies and books set out below.
You should commence your report with an outline of the story or the incident that gave rise to the ethical issues, so that the marker has a good understanding of the background to the ethical issues you will analyse in your report. If your movie or book presents a large number of issues you can limit your report to particular issues, provided you make this clear at the outset. Your description of the story should be no more than one page of the total report.
Having outlined the story, you should identify the legal ethical issues that the story raises. You should then look at what Australian ethical rules and principles apply to this situation. Regardless of where your movie or book is set, you must apply the rules and principles that apply in NSW. Do not use the rules or principles for other jurisdictions, such as the US. You should also refer to any relevant case law in which the courts have commented on the ethical issue you have identified or on similar issues.
Your report should make reference to the literature on legal ethics, including different theoretical approaches where appropriate. Your report should reach a definitive conclusion on whether the way the issue was resolved in the movie or book would be considered ethical in accordance with the profession conduct rules and principles that apply in NSW. Alternatively, if the issue was not resolved in the movie or book, outline what action you consider the lawyer in the movie or book should take to comply with his or her ethical obligations.
You should limit your discussion to the conduct of the lawyers involved. You are not required to look at the conduct of the judge or of a jury if they arise in your story.
We are not looking for any set answer in this assessment task. We are interested in how you perceive an ethical issue, whether you are able to identify a range of ethical issues and whether you can apply legal ethical principles and professional conduct rules to a particular scenario. Please consult the marking guide for this assessment task included in this study guide.
Movies and book: • A Civil Action • And Justice for All • Hell has Habour Views • I am Sam • The Castle • Devil’s Advocate • The Firm • Liar Liar • The Verdict • Fracture
Where a particular title is both a movie and a book you can choose either source.
The report must be all your own work. You are expected to comply with the University plagiarism policy (located at http://www.student.mq.edu.au/plagiarism/). The tutors in this unit are very familiar with the Wikipedia entries for the various movies and books, so do not attempt to copy directly from these sources. We are also familiar with the academic literature critiquing the law and literature/ popular culture genre.
There are specific formatting requirements for this piece. The following deals with the instructions on how the paper is to be drafted:
Style and content: • It is to be no more than 8 pages long. Any words beyond 8 pages will not be read by the markers. • It is to be fully referenced in accordance with the Australian Guide to Legal Citation. • It must comply with the following formatting guidelines: ➢ Be typed on single sided A4 paper ➢ Be double spaced ➢ Be paginated ➢ Have margins of no less than 2.5cm each ➢ Have ‘Normal’ character spacing ➢ Be spell-checked ➢ Be typed in Times New Roman size 12 font ➢ Footnotes in size 10 font.
Marks may be deducted for poor attention to the formatting requirements.
4. Take Home exam (60%)
Dates for the take home exam will be announced early in the semester. Detail instructions regarding the format of the exam will be made available via Blackboard.
The questions for the exam will be made available on Blackboard.
Attendance
You are required to attend eighty-percent (80%) of all tutorial classes. You may be excluded from submitting the final assessment if you do not attend the minimum required number of tutorials. Attendance will be taken at all tutorials. It is the student's responsibility to ensure that your attendance at a tutorial has been recorded. If for some reason you attend a tutorial other then your assigned group you must ask the tutor for that tutorial to sign a note to say you attended, and you must present this to your own tutor the following week.
If you fail to attend 80% of all tutorial classes, you will fail the unit. You can fail this unit based on attendance alone. For external students, this means attending all sessions on both days of the on-campus session. If the on campus session clashes with another unit, then it is your responsibility to change your subject enrolment to avoid the clash.
Students who are ill or who cannot attend tutorials due to other personal circumstances will be required to submit original documentary evidence of the reason for their absence to their tutor. Where the tutor accepts that the absence was reasonable in the circumstances, then they will be exempt from attendance at that tutorial.
Examination(s)
There will be a take home exam at the end of the semester (details above)
Assessment submission
Internal students
All assessment must to be submitted via the Law Box located at the Arts Student Centre in building W6A. Students must complete and sign a 'Faculty of Arts Assessment Task Cover Sheet' when submitting assignments.
External students
All assessment must to be submitted by the due date to COE. Assignments may be submitted electronically or by mail.
All students note:
You are advised to keep copies of all assignments, as well as research notes used in their preparation, in case a resubmission is required.
Extensions and penalties
Extensions
Extensions should be sought before the due date, unless that is impossible. All applications must be directed to the convenor, Therese MacDermott, by email using the subject heading "Law 208 request for extension". In your email, briefly explain your circumstances and indicate whether supporting documentation is available. If your request for extension is approved, print out the reply and attach it to your assignment, along with supporting medical or other documentation. This is your evidence of extension. If the reply is not attached, late penalties will be deducted. Verbal (including telephone) requests for extension will not be granted.
Extensions will not generally be granted for the take-home exam, except in the most extreme circumstances.
Penalties
The Law School's practices allow for the imposition of penalties for lateness without an extension.
The penalty that will be applied for lateness is 5% of the total mark for the assignment per day including weekends.
Assignments submitted more than 2 weeks late may not be accepted.
Returning assignments
The Court Observation Report and the Legal Ethics Report will be returned in class for internal students and by mail by the COE for external students. Exams are not generally returned to students, so the take-home exam will not be returned after marking.
If you believe that your assessment task has been lost, please contact the Student Enquiry Office on the Ground Floor of W6A. Your claim will be logged and tracked in a database of lost assignment claims and kept on file for up to five years.
Part 4. Delivery and resources
Delivery:
Day, External
This unit will use:
Blackboard, iLecture
Times and Locations for Lectures and Tutorials
For current updates, lecture times and classrooms please consult the MQ Timetables website: http://www.timetables.mq.edu.au.
There is one 2 hour lecture per week. Lectures begin in Week 1. Each lecture is recorded and is available using iLecture. Powerpoint slides will be made available on Blackboard.
Internal Students
In addition to the lecture students must attend 1 weekly one hour tutorial. Tutorials will begin in Week 1 and the last tutorial will be in Week 12. Students must attend 80% of tutorials.
External students
The weekly lectures will be available on Blackboard as digital audio files. COE will also send you cds containing the lecture. The on-campus for this unit is 10-11 April 2010 and attendance is compulsory for both days of the session.
Required and recommended resources
Prescribed texts:
Ysaiah Ross and Peter MacFarlane, Lawyers' Responsibility and Accountability: Cases, Problems and Commentary (3rd ed, 2007).
Other resources
Supplementary readings for the unit are available in electronic form from e-reserve. Please search for LAW208 on the library e-reserve page to access these readings. Access to e-reserve is via the following URL: http://www.lib.mq.edu.au/reserve/
Students need to have access to the following resources for this unit. Web links to these resources can be found on Blackboard. • The Law Society of New South Wales Professional Conduct and Practice Rules • The New South Wales Barristers’ Rules • Legal Profession Act (NSW) 2004.
Extra readings may be posted on Blackboard for reading in the relevant weeks.
Recommended Reading: (note you are NOT required to purchase these texts)
Ethics
Gino Dal Pont, Lawyers’ Professional Responsibility in Australia and New Zealand, (3rd ed, 2006).
Ainslee Lamb and John Littrich, Lawyers in Australia, (2007).
Christine Parker and Adrian Evans, Inside Lawyers Ethics, (2007).
Ysaiah Ross, Ethics in Law: Lawyers' Responsibility and Accountability in Australia, (5th ed, 2010).
Skills
Gerard Egan, The Skilled Helper, a Problem Management and Opportunity Development Approach to Helping (2002).
Kay Lauchland and Marlene Le Brun, Legal Interviewing: Theory, Tactics and Techniques (1996).
Greg Tillett and Brendan French, Resolving Conflict, A Practical Approach (4th edition) (2010).
Bobette Wolski, Legal Skills: a practical guide for students (2006).
Part 5. Policies and procedures
Macquarie students are expected to read and comply with the University plagiarism policy (located at http://www.student.mq.edu.au/plagiarism/).
Macquarie University has a range of policies that relate to learning and teaching,including • Assessment • Unit guide • Special consideration
They can be found at Policy Central (http://www.mq.edu.au/policy/).
Feedback and unit evaluation
In this unit you will receive a range of verbal and written feedback on your assessment tasks and work in class or online.
To monitor how successful we are in providing quality teaching and learning, the Faculty of Arts also seeks feedback from students. One of the key formal ways students have to provide feedback is through unit and teacher evaluation surveys. The feedback is anonymous and provides the Faculty with evidence of aspects that students are satisfied with and areas for improvement. The Faculty of Arts also holds two student feedback meetings per year. Please watch for advertisements for these meetings and take the opportunity to share your suggestions for improvement. At present, the Faculty is prioritising feedback on assessment and feedback.
Part 6. Unit schedule
|Week |Date |
|7 |Week |Confidentiality and Privilege |Casebook Chapter 10 |
| |comme|Confidentiality | |
| |ncing|Legal professional privilege | |
| |19 | | |
| |April| | |
E = Excellent VG = Very Good G = Good S = Satisfactory U = Unsatisfactory
|Criteria |E |VG |G |S |U |
|Clear description of the court proceedings observed | | | | | |
|Pertinent observations on the nature and quality of the legal| | | | | |
|representation | | | | | |
|Addressed at least one of the additional points | | | | | |
|Clear and succinct written expression | | | | | |
|Demonstrated understanding of the operation of the court | | | | | |
|system | | | | | |
|Compliance with formatting requirements | | | | | |
Additional comments
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LAW 208: Law, Lawyers and Society
Legal Ethics Report - Marking Guide
|Name: | | |Mark: / 30 |
E = Excellent VG = Very Good G = Good S = Satisfactory U = Unsatisfactory
|Criteria |E |VG |G |S |U |Comments |
|Identified the ethical issues | | | | | | |
|Critically engaged with the literature on | | | | | | |
|ethics, including ethical theory | | | | | | |
|Applied ethical principles, professional | | | | | | |
|conduct rules and relevant case law to the | | | | | | |
|scenario | | | | | | |
|Demonstrated an ability to analyse material | | | | | | |
|and reach a definitive conclusion | | | | | | |
|Arguments well structured and used clear | | | | | | |
|written expression | | | | | | |
|Referencing according to Australian Guide to | | | | | | |
|Legal Citation | | | | | | |
|Compliance with formatting requirements | | | | | | |
Further comments:
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|Macquarie University Law Society |
The Macquarie University Law Society (MULS) offers many services that support students in their studies, skills, finances, employment and physical and mental well-being (including social and sports events). Listed below are our contact details together with a selection of services that MULS provides.
MULS
Office, Law Students Common Room and Moot Court
Building W3A Level 3
(02) 9850 7939
Enquiries@muls.org
www.muls.org
For a directory of university and community organisations and procedures (including all forms) affecting law students, see our directory on our website.
Education and Equity
For all queries, complaints and questions about educational and equity issues, including any facet of your degree and issues of student welfare, please contact the Vice President (Education) or the Equity Officer.
Email: education@muls.org
Education:
http://www.muls.org/default.asp?page=Education/
Email: equityofficer@muls.org
Social Justice and Equity: http://www.muls.org/default.asp?page=Social+Justice+and+Equity/
Equity Fund – Help with Purchasing Law Texts and Materials
If you feel you are experiencing financial difficulty and are unable to afford your law study essentials, including text books or other study materials, please contact the MULS Vice President (Education) at education@muls.org. MULS runs an equity program in each semester of the year in which we will be providing funds to students experiencing financial difficulty in order to purchase textbooks or other educational needs. The Vice President (Education) is the only person that knows your identity and the equity fund is otherwise administered entirely anonymously.
Competitions
MULS runs a series of law competitions, including training for judges and competitors, for all Macquarie University law students throughout the year. The winners of these competitions can progress to compete in inter-state and international competitions. We hold internal competitions in:
Semester 1 • Junior Mooting (1st - 2nd Years) • Senior Mooting (3rd - 5th Years) • Client Interview
Semester 2 • Witness Examination • Negotiation • Paper Presentation
External (or intervarsity) competitions cover almost every study area. The competitions that MULS enters teams in include:
• Administrative Appeals Tribunal Moot • Commonwealth Moot • Phillip C. Jessup International Law Moot • Willem C. Vis International Commercial Arbitration Moot • Sir John Peden Contract Law Moot • The National Shine Torts Moot • Sir Harry Gibbs Constitutional Law Moot • Frances Forbes Legal History Writing Competition • Governor General’s Undergraduate Essay Competition • LexisNexis Constitutional Law Moot • Animal Law Essay Competition • Australian Lawyers Alliance Legal Essay Competition
Please email or visit the links below for information and application forms.
Email: competitions@muls.org or compsdirector@muls.org
Internal Competitions: http://www.muls.org/default.asp?page=Competitions/ External Competitions: http://www.muls.org/default.asp?page=Competitions/External+Competitions/
Careers
Numerous publications and events are coordinated by MULS to inform Macquarie law students and promote our members to the legal community. Guides on Clerkships, Paralegal positions and Careers generally are released annually by MULS to update members on employment issues. Job vacancies, including those for Community Legal Centres, are published on our website and updated regularly. Seminars and workshops on clerkships and alternative careers are held throughout the year.
For information on these services and many others contact us at:
Email: careers@muls.org Careers and Job Vacancies:
http://www.muls.org/default.asp?page=Careers+%26+Job+Vacancies/
LAW 208
Law, Laywers and Society
3 Credit points
Unit Guide
Semester 1, Year 2010
Macquarie Law School
Part 1 General information
Unit convenor and teaching staff
Position: Unit Convenor
Name: Therese MacDermott
Email: therese.macdermott@law.mq.edu.au
Phone: 9850 7067
Office: W3A Room 520
Consultation times: Tuesday 1.30pm-3.30pm and other times by appointment
Teaching Staff
Name: Lise Barry
Email: lise.barry@law.mq.edu.au
Phone: 9850 4237
Office: W3A Room 507
Consultation times: By appointment
Name: Pamela Morgan
Email: pamela.morgan@law.mq.edu.au
Phone: 9850 7100
Office: W3A Room 516
Consultation times: By appointment
Part 2. Academic Contents
Credit Points
3 Credit Points
Prerequisite …show more content…
6cp in LAW units at 100 level (P) or admission to graduate LLB program
Unit description
Law 208 consolidates the introduction to legal theory and the practice of law introduced to students in their first year of studies.
At the heart of the unit is a discussion about the role of the legal profession in society. Students are introduced to ideas about the practice of law: what is it that lawyers do, what are the ethics and rules governing the practice of law and what are the skills required of lawyers in their dealings with society?
The course begins with a general consideration of the perception of lawyers in society and the development of the profession. It then introduces students to the ethics and rules of practice and procedure that frame the professional duties of lawyers. Students will be engaged in discussions and learning activities designed to help them to identify and apply the values, rules and norms that lawyers need to apply in practice. The ethical duties imposed on lawyers, the ethical problems that confront them and the ethical dimensions of the lawyer’s experience; as student, professional and citizen, will be examined.
The course will also introduce students to the practical skills required of lawyers in their day to day interactions with society. The communication skills required of lawyers are examined, with an emphasis on listening skills, interviewing skills and cross cultural awareness. Students will be given opportunities to practice these skills in tutorials.
Unit outcomes
By the end of the semester, students should be able to: 1. Critically assess the role of the lawyer (and law student) in Australian society 2. Demonstrate an understand of different theoretical approaches to legal ethics and apply their understanding in a range of settings 3. Explain the way that lawyers’ ethics and conduct are regulated in Australia 4. Know the professional conduct standards that regulate lawyers including those relating to conflicts of interest, confidentiality and duties owed to the client, to the court, practitioners and others, and be able to apply them 5. Understand and demonstrate at a basic level the communication skills required in legal practice, especially listening skills, interviewing skills, and cross cultural communication skills.
Graduate capabilities
1. Discipline Specific Knowledge and Skills
Our graduates will take with them the intellectual development, depth and breadth of knowledge, scholarly understanding, and specific subject content in their chosen fields to make them competent and confident in their subject or profession. They will be able to demonstrate, where relevant, professional technical competence and meet professional standards. They will be able to articulate the structure of knowledge of their discipline, be able to adapt discipline-specific knowledge to novel situations, and be able to contribute from their discipline to inter-disciplinary solutions to problems.
2. Critical, Analytical and Integrative Thinking
We want our graduates to be capable of reasoning, questioning and analysing, and to integrate and synthesise learning and knowledge from a range of sources and environments; to be able to critique constraints, assumptions and limitations; to be able to think independently and systemically in relation to scholarly activity, in the workplace, and in the world. We want them to have a level of scientific and information technology literacy.
3. Problem Solving and Research Capability
Our graduates should be capable of researching; of analysing, and interpreting and assessing data and information in various forms; of drawing connections across fields of knowledge; and they should be able to relate their knowledge to complex situations at work or in the world, in order to diagnose and solve problems. We want them to have the confidence to take the initiative in doing so, within an awareness of their own limitations.
4. Creative and Innovative
Our graduates will also be capable of creative thinking and of creating knowledge. They will be imaginative and open to experience and capable of innovation at work and in the community. We want them to be engaged in applying their critical, creative thinking.
5. Effective Communication
We want to develop in our students the ability to communicate and convey their views in forms effective with different audiences. We want our graduates to take with them the capability to read, listen, question, gather and evaluate information resources in a variety of formats, assess, write clearly, speak effectively, and to use visual communication and communication technologies as appropriate.
6. Engaged and Ethical Local and Global citizens
As local citizens our graduates will be aware of indigenous perspectives and of the nation’s historical context. They will be engaged with the challenges of contemporary society and with knowledge and ideas. We want our graduates to have respect for diversity, to be open-minded, sensitive to others and inclusive, and to be open to other cultures and perspectives: they should have a level of cultural literacy. Our graduates should be aware of disadvantage and social justice, and be willing to participate to help create a wiser and better society.
7.
Socially and Environmentally Active and Responsible
We want our graduates to be aware of and have respect for self and others; to be able to work with others as a leader and a team player; to have a sense of connectedness with others and country; and to have a sense of mutual obligation. Our graduates should be informed and active participants in moving society towards sustainability.
8. Capable of Professional and Personal Judgement and Initiative
We want our graduates to have emotional intelligence and sound interpersonal skills and to demonstrate discernment and common sense in their professional and personal judgement. They will exercise initiative as needed. They will be capable of risk assessment, and be able to handle ambiguity and complexity, enabling them to be adaptable in diverse and changing environments.
9. Commitment to Continuous Learning
Our graduates will have enquiring minds and a literate curiosity which will lead them to pursue knowledge for its own sake. They will continue to pursue learning in their careers and as they participate in the world. They will be capable of reflecting on their experiences and relationships with others and the environment, learning from them, and growing - personally, professionally and …show more content…
socially.
Part 3.
Assessment in this unit
Assessment at a glance
|Task |Weight |Due Date |Linked Unit Outcomes |Linked Graduate |Brief Description |
| | | | |Capabilities | |
|Class Participation |Pass/ Fail |N/A |1, 2, 3, 4, 5 |1, 2, 4, 5, 6, 7, 8, 9 |Criteria set out below |
|Court Observation Report |10% |Internals – |1, 3, 5 |1, 2, 3, 4, 5, 6, 7, 8 |2 page report |
| | |10 am 22 March | | | |
| | | | | | |
| | |Externals -10 am 8 | | | |
| | |April | | |
|
|Legal Ethics report |30% |10 am 30 April |1, 2, 3, 4, 5 |1, 2, 3, 4, 5, 6, 7, 8, 9 |8 page report |
|Take Home Exam |60% |TBC |1, 2, 3, 4, 5 |1, 2, 3, 4, 5, 6, 7, 8, 9 |Problem and short essay |
| | | | | |questions |
Assessment Tasks
Each components of assessment in this unit is compulsory. Students who do not attempt each component of assessment will not be eligible to pass this unit.
1. Participation: (Pass/Fail for the unit)
Tutorials in this unit only work if all students attend and give the entire group the benefit of their views based upon the readings and their experience.
You are required to participate in the tutorial role plays, discussions, debates and any other activities. You will be assessed on this component on a “Pass/Fail” basis. Tutors will engage in ongoing assessment of student participation using the following criteria:
1. Preparation and understanding of material: the student has listened to the lecture, read the required reading and has attempted to link the materials to the lectures, to other course materials and to their life experience
2. Ability to think critically about the material: the student is able to think critically about the materials from different angles and is able to question the materials
3. Clear expression of ideas: the student is able to clearly express their ideas about the materials
4. Engaging with other students: the student engages with others in the class taking an active role in discussions, role plays, debates and other activities assigned by the tutor. The student responds to others in the class by listening to them, providing constructive feedback and asking questions.
5. Demonstration of skills: The student is able to demonstrate communication skills including listening skills, interviewing skills and negotiation skills.
Students must pass the participation component of the course. Participation is assessed on a Pass/Fail basis. It is possible to fail this course on the basis of poor participation alone. Tutors will assess student participation on an ongoing basis and will immediately raise any concerns about poor participation with the student involved. Students will be given an opportunity to submit remedial work where there are concerns about participation.
External students will be assessed on their participation at the on-campus session.
2. Court Observation Report (10%)
The Court Observation Report requires students to spend a minimum of half a day observing court proceedings in any open court in an Australian jurisdiction and to write a short report on their observations. This assessment task gives students the opportunity to see first hand the operation of the court system and the role of lawyers. It aims to build student knowledge of the ethical dimensions of the legal system through their observations of the system in operation.
Student observations will also be used to inform on-going discussions in tutorials of issues such as communication between client and lawyer, interviewing skills, access to legal advice, self-represented litigants and mental health issues.
Students can choose which court they would like to attend. Details about the location of various courts can be found at www.lawlink.nsw.gov.au. Students should include on the cover page of their report the name of the court, the date they attended, and the case name (s) of the proceedings they observed. Details on court etiquette and how to behave appropriately in court will be provided through Blackboard.
The Court Observation Report should commence with a short paragraph outlining the type of proceedings you observed and a brief outline of what took place. You should then set out your observations on the nature and quality of the legal representation. This could include whether the parties had their own legal representation, whether there was any Legal Aid assistance available, the opportunity for private discussions between the lawyer and the client, and any observations you have of the lawyer-client relationship. Where you observed that a party had no legal representation, you are asked to comment on how the self represented litigant was dealt with by the court and whether you observed any disadvantage or advantage as a consequence.
In addition, you are required in your report to provide observations on at least one of the following points: • The formality or informality of the proceedings • Whether English was a second language for participants, the availability of interpreters, and your observations of any impact this had on the proceedings • The prevalence or otherwise of guilty pleas in criminal cases • Over representation of certain groups of defendants or accused.
As this is not a research task, you are not required to read beyond the prescribed text, the supplementary materials and the professional conduct rules.
There are specific formatting requirements for the report. The following deals with the instructions on how the paper is to be drafted:
Style and content: • It is to be no more than 2 pages long. Any words beyond 2 pages will not be read by the markers. • It is to be fully referenced in accordance with the Australian Guide to Legal Citation. • It must comply with the following formatting guidelines: ➢ Be typed on single sided A4 paper ➢ Be double spaced ➢ Be paginated ➢ Have margins of no less than 2.5cm each ➢ Have ‘Normal’ character spacing ➢ Be spell-checked ➢ Be typed in Times New Roman size 12 font ➢ Footnotes in size 10 font
3. Legal Ethics Report (30%)
Due date: 10 am Friday 30 April 2010.
This piece of assessment requires you to write a report based on the legal ethical issues presented in a movie or book, using the list of movies and books set out below.
You should commence your report with an outline of the story or the incident that gave rise to the ethical issues, so that the marker has a good understanding of the background to the ethical issues you will analyse in your report. If your movie or book presents a large number of issues you can limit your report to particular issues, provided you make this clear at the outset. Your description of the story should be no more than one page of the total report.
Having outlined the story, you should identify the legal ethical issues that the story raises. You should then look at what Australian ethical rules and principles apply to this situation. Regardless of where your movie or book is set, you must apply the rules and principles that apply in NSW. Do not use the rules or principles for other jurisdictions, such as the US. You should also refer to any relevant case law in which the courts have commented on the ethical issue you have identified or on similar issues.
Your report should make reference to the literature on legal ethics, including different theoretical approaches where appropriate. Your report should reach a definitive conclusion on whether the way the issue was resolved in the movie or book would be considered ethical in accordance with the profession conduct rules and principles that apply in NSW. Alternatively, if the issue was not resolved in the movie or book, outline what action you consider the lawyer in the movie or book should take to comply with his or her ethical obligations.
You should limit your discussion to the conduct of the lawyers involved. You are not required to look at the conduct of the judge or of a jury if they arise in your story.
We are not looking for any set answer in this assessment task. We are interested in how you perceive an ethical issue, whether you are able to identify a range of ethical issues and whether you can apply legal ethical principles and professional conduct rules to a particular scenario. Please consult the marking guide for this assessment task included in this study guide.
Movies and book: • A Civil Action • And Justice for All • Hell has Habour Views • I am Sam • The Castle • Devil’s Advocate • The Firm • Liar Liar • The Verdict • Fracture
Where a particular title is both a movie and a book you can choose either source.
The report must be all your own work. You are expected to comply with the University plagiarism policy (located at http://www.student.mq.edu.au/plagiarism/). The tutors in this unit are very familiar with the Wikipedia entries for the various movies and books, so do not attempt to copy directly from these sources. We are also familiar with the academic literature critiquing the law and literature/ popular culture genre.
There are specific formatting requirements for this piece. The following deals with the instructions on how the paper is to be drafted:
Style and content: • It is to be no more than 8 pages long. Any words beyond 8 pages will not be read by the markers. • It is to be fully referenced in accordance with the Australian Guide to Legal Citation. • It must comply with the following formatting guidelines: ➢ Be typed on single sided A4 paper ➢ Be double spaced ➢ Be paginated ➢ Have margins of no less than 2.5cm each ➢ Have ‘Normal’ character spacing ➢ Be spell-checked ➢ Be typed in Times New Roman size 12 font ➢ Footnotes in size 10 font.
Marks may be deducted for poor attention to the formatting requirements.
4. Take Home exam (60%)
Dates for the take home exam will be announced early in the semester. Detail instructions regarding the format of the exam will be made available via Blackboard.
The questions for the exam will be made available on Blackboard.
Attendance
You are required to attend eighty-percent (80%) of all tutorial classes. You may be excluded from submitting the final assessment if you do not attend the minimum required number of tutorials. Attendance will be taken at all tutorials. It is the student's responsibility to ensure that your attendance at a tutorial has been recorded. If for some reason you attend a tutorial other then your assigned group you must ask the tutor for that tutorial to sign a note to say you attended, and you must present this to your own tutor the following week.
If you fail to attend 80% of all tutorial classes, you will fail the unit. You can fail this unit based on attendance alone. For external students, this means attending all sessions on both days of the on-campus session. If the on campus session clashes with another unit, then it is your responsibility to change your subject enrolment to avoid the clash.
Students who are ill or who cannot attend tutorials due to other personal circumstances will be required to submit original documentary evidence of the reason for their absence to their tutor. Where the tutor accepts that the absence was reasonable in the circumstances, then they will be exempt from attendance at that tutorial.
Examination(s)
There will be a take home exam at the end of the semester (details above)
Assessment submission
Internal students
All assessment must to be submitted via the Law Box located at the Arts Student Centre in building W6A. Students must complete and sign a 'Faculty of Arts Assessment Task Cover Sheet' when submitting assignments.
External students
All assessment must to be submitted by the due date to COE. Assignments may be submitted electronically or by mail.
All students note:
You are advised to keep copies of all assignments, as well as research notes used in their preparation, in case a resubmission is required.
Extensions and penalties
Extensions
Extensions should be sought before the due date, unless that is impossible. All applications must be directed to the convenor, Therese MacDermott, by email using the subject heading "Law 208 request for extension". In your email, briefly explain your circumstances and indicate whether supporting documentation is available. If your request for extension is approved, print out the reply and attach it to your assignment, along with supporting medical or other documentation. This is your evidence of extension. If the reply is not attached, late penalties will be deducted. Verbal (including telephone) requests for extension will not be granted.
Extensions will not generally be granted for the take-home exam, except in the most extreme circumstances.
Penalties
The Law School's practices allow for the imposition of penalties for lateness without an extension.
The penalty that will be applied for lateness is 5% of the total mark for the assignment per day including weekends.
Assignments submitted more than 2 weeks late may not be accepted.
Returning assignments
The Court Observation Report and the Legal Ethics Report will be returned in class for internal students and by mail by the COE for external students. Exams are not generally returned to students, so the take-home exam will not be returned after marking.
If you believe that your assessment task has been lost, please contact the Student Enquiry Office on the Ground Floor of W6A. Your claim will be logged and tracked in a database of lost assignment claims and kept on file for up to five years.
Part 4. Delivery and resources
Delivery:
Day, External
This unit will use:
Blackboard, iLecture
Times and Locations for Lectures and Tutorials
For current updates, lecture times and classrooms please consult the MQ Timetables website: http://www.timetables.mq.edu.au.
There is one 2 hour lecture per week. Lectures begin in Week 1. Each lecture is recorded and is available using iLecture. Powerpoint slides will be made available on Blackboard.
Internal Students
In addition to the lecture students must attend 1 weekly one hour tutorial. Tutorials will begin in Week 1 and the last tutorial will be in Week 12. Students must attend 80% of tutorials.
External students
The weekly lectures will be available on Blackboard as digital audio files. COE will also send you cds containing the lecture. The on-campus for this unit is 10-11 April 2010 and attendance is compulsory for both days of the session.
Required and recommended resources
Prescribed texts:
Ysaiah Ross and Peter MacFarlane, Lawyers' Responsibility and Accountability: Cases, Problems and Commentary (3rd ed, 2007).
Other resources
Supplementary readings for the unit are available in electronic form from e-reserve. Please search for LAW208 on the library e-reserve page to access these readings. Access to e-reserve is via the following URL: http://www.lib.mq.edu.au/reserve/
Students need to have access to the following resources for this unit. Web links to these resources can be found on Blackboard. • The Law Society of New South Wales Professional Conduct and Practice Rules • The New South Wales Barristers’ Rules • Legal Profession Act (NSW) 2004.
Extra readings may be posted on Blackboard for reading in the relevant weeks.
Recommended Reading: (note you are NOT required to purchase these texts)
Ethics
Gino Dal Pont, Lawyers’ Professional Responsibility in Australia and New Zealand, (3rd ed, 2006).
Ainslee Lamb and John Littrich, Lawyers in Australia, (2007).
Christine Parker and Adrian Evans, Inside Lawyers Ethics, (2007).
Ysaiah Ross, Ethics in Law: Lawyers' Responsibility and Accountability in Australia, (5th ed, 2010).
Skills
Gerard Egan, The Skilled Helper, a Problem Management and Opportunity Development Approach to Helping (2002).
Kay Lauchland and Marlene Le Brun, Legal Interviewing: Theory, Tactics and Techniques (1996).
Greg Tillett and Brendan French, Resolving Conflict, A Practical Approach (4th edition) (2010).
Bobette Wolski, Legal Skills: a practical guide for students (2006).
Part 5. Policies and procedures
Macquarie students are expected to read and comply with the University plagiarism policy (located at http://www.student.mq.edu.au/plagiarism/).
Macquarie University has a range of policies that relate to learning and teaching,including • Assessment • Unit guide • Special consideration
They can be found at Policy Central (http://www.mq.edu.au/policy/).
Feedback and unit evaluation
In this unit you will receive a range of verbal and written feedback on your assessment tasks and work in class or online.
To monitor how successful we are in providing quality teaching and learning, the Faculty of Arts also seeks feedback from students. One of the key formal ways students have to provide feedback is through unit and teacher evaluation surveys. The feedback is anonymous and provides the Faculty with evidence of aspects that students are satisfied with and areas for improvement. The Faculty of Arts also holds two student feedback meetings per year. Please watch for advertisements for these meetings and take the opportunity to share your suggestions for improvement. At present, the Faculty is prioritising feedback on assessment and feedback.
Part 6. Unit schedule
|Week |Date |
|7 |Week |Confidentiality and Privilege |Casebook Chapter 10 |
| |comme|Confidentiality | |
| |ncing|Legal professional privilege | |
| |19 | | |
| |April| | |
E = Excellent VG = Very Good G = Good S = Satisfactory U = Unsatisfactory
|Criteria |E |VG |G |S |U |
|Clear description of the court proceedings observed | | | | | |
|Pertinent observations on the nature and quality of the legal| | | | | |
|representation | | | | | |
|Addressed at least one of the additional points | | | | | |
|Clear and succinct written expression | | | | | |
|Demonstrated understanding of the operation of the court | | | | | |
|system | | | | | |
|Compliance with formatting requirements | | | | | |
Additional comments
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LAW 208: Law, Lawyers and Society
Legal Ethics Report - Marking Guide
|Name: | | |Mark: / 30 |
E = Excellent VG = Very Good G = Good S = Satisfactory U = Unsatisfactory
|Criteria |E |VG |G |S |U |Comments |
|Identified the ethical issues | | | | | | |
|Critically engaged with the literature on | | | | | | |
|ethics, including ethical theory | | | | | | |
|Applied ethical principles, professional | | | | | | |
|conduct rules and relevant case law to the | | | | | | |
|scenario | | | | | | |
|Demonstrated an ability to analyse material | | | | | | |
|and reach a definitive conclusion | | | | | | |
|Arguments well structured and used clear | | | | | | |
|written expression | | | | | | |
|Referencing according to Australian Guide to | | | | | | |
|Legal Citation | | | | | | |
|Compliance with formatting requirements | | | | | | |
Further comments:
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|Macquarie University Law Society |
The Macquarie University Law Society (MULS) offers many services that support students in their studies, skills, finances, employment and physical and mental well-being (including social and sports events). Listed below are our contact details together with a selection of services that MULS provides.
MULS
Office, Law Students Common Room and Moot Court
Building W3A Level 3
(02) 9850 7939
Enquiries@muls.org
www.muls.org
For a directory of university and community organisations and procedures (including all forms) affecting law students, see our directory on our website.
Education and Equity
For all queries, complaints and questions about educational and equity issues, including any facet of your degree and issues of student welfare, please contact the Vice President (Education) or the Equity Officer.
Email: education@muls.org
Education:
http://www.muls.org/default.asp?page=Education/
Email: equityofficer@muls.org
Social Justice and Equity: http://www.muls.org/default.asp?page=Social+Justice+and+Equity/
Equity Fund – Help with Purchasing Law Texts and Materials
If you feel you are experiencing financial difficulty and are unable to afford your law study essentials, including text books or other study materials, please contact the MULS Vice President (Education) at education@muls.org. MULS runs an equity program in each semester of the year in which we will be providing funds to students experiencing financial difficulty in order to purchase textbooks or other educational needs. The Vice President (Education) is the only person that knows your identity and the equity fund is otherwise administered entirely anonymously.
Competitions
MULS runs a series of law competitions, including training for judges and competitors, for all Macquarie University law students throughout the year. The winners of these competitions can progress to compete in inter-state and international competitions. We hold internal competitions in:
Semester 1 • Junior Mooting (1st - 2nd Years) • Senior Mooting (3rd - 5th Years) • Client Interview
Semester 2 • Witness Examination • Negotiation • Paper Presentation
External (or intervarsity) competitions cover almost every study area. The competitions that MULS enters teams in include:
• Administrative Appeals Tribunal Moot • Commonwealth Moot • Phillip C. Jessup International Law Moot • Willem C. Vis International Commercial Arbitration Moot • Sir John Peden Contract Law Moot • The National Shine Torts Moot • Sir Harry Gibbs Constitutional Law Moot • Frances Forbes Legal History Writing Competition • Governor General’s Undergraduate Essay Competition • LexisNexis Constitutional Law Moot • Animal Law Essay Competition • Australian Lawyers Alliance Legal Essay Competition
Please email or visit the links below for information and application forms.
Email: competitions@muls.org or compsdirector@muls.org
Internal Competitions: http://www.muls.org/default.asp?page=Competitions/ External Competitions: http://www.muls.org/default.asp?page=Competitions/External+Competitions/
Careers
Numerous publications and events are coordinated by MULS to inform Macquarie law students and promote our members to the legal community. Guides on Clerkships, Paralegal positions and Careers generally are released annually by MULS to update members on employment issues. Job vacancies, including those for Community Legal Centres, are published on our website and updated regularly. Seminars and workshops on clerkships and alternative careers are held throughout the year.
For information on these services and many others contact us at:
Email: careers@muls.org Careers and Job Vacancies:
http://www.muls.org/default.asp?page=Careers+%26+Job+Vacancies/