law4lpp legal practice

LEGAL PRACTICE AND CONDUCT CLINICAL PLACEMENT

LAW4LPP

2019

Credit points: 30

Subject outline

Ethical legal practice and conduct are the primary focus of this unit. This includes examining the legal practitioner's duty to the administration of law, the courts, clients and fellow practitioners, issues of personal and professional conduct and basic trust accounting. The context for this study is the issue of access to justice and recent reform to the legal system, in particular the legal profession. Additionally, students are placed in a legal aid environment where they have the opportunity to be practically involved in legal practice under supervision. Students are encouraged to reflect on how a legal practitioner's duties and ethics are relevant to daily legal practice, as well as on the efficacy of law, the legal system, the legal profession and the nature of justice. This unit meets the requirements of the Council of Legal Education for admission to practice in Victoria in the area Professional Conduct.

SchoolLa Trobe Law School

Credit points30

Subject Co-ordinatorSue Marshall

Available to Study Abroad StudentsNo

Subject year levelYear Level 4 - UG/Hons/1st Yr PG

Exchange StudentsNo

Subject particulars

Subject rules

Prerequisites Admission into this subject is by application only Students must complete 180 credit points including LAW1LIM and Admission Into: LBLX - Bachelor of Laws (Complementary) LVLGE;LVLGEB - Bachelor of Laws LVLUE;LVLUEB - Bachelor of Laws LWLAS - Bachelor of Laws/Bachelor of Asian Studies LWLAT;LWLATB - Bachelor of Laws/Bachelor of Arts LWLBUSB - Bachelor of Laws/Bachelor of Business LWLEE LWLINT - Bachelor of Laws/Bachelor of International Relations LWLMC - Bachelor of Laws/Bachelor of Media and Communication LWLPY;LWLPYB - Bachelor of Laws/Bachelor of Psychological Science LWLSC;LWLSCB - Bachelor of Laws/Bachelor of Science LZCOML; LWCOML - Bachelor of Commerce/Bachelor of Laws LZCRL;LZCRLB - Bachelor of Criminology/Bachelor of Laws

Co-requisitesN/A

Incompatible subjectsN/A

Equivalent subjectsN/A

Special conditions Application into this subject is by application only. Application forms can be downloaded from the Law School's homepage.

Learning resources

Readings

Resource TypeTitleResource RequirementAuthor and YearPublisher
ReadingsLawyers' Professional ResponsibilityPrescribedDal Pont, G. E.,THOMSON (LAWBOOK CO.), 3RD EDITION
ReadingsLegal Profession ActPrescribed. . .2004 (VIC).
ReadingsPractical legal skillsPrescribedCampbell and Evans3RD EDN. OXFORD UNIVERSITY PRESS

Graduate capabilities & intended learning outcomes

01. Demonstrate knowledge and understanding of the regulatory, complaint and disciplinary processes for the legal profession

Activities:
Assignment, case study, participation in clinical placement, reflective journal
Related graduate capabilities and elements:
Inquiry and Analytical Skills(Creative Problem-solving,Inquiry/Research)
Inquiry and Analytical Skills(Creative Problem-solving,Inquiry/Research)
Discipline -Specific Knowledge and Skills(Discipline-Specific Knowledge and Skills)

02. Demonstrate knowledge and understanding of the legal aspects of the lawyer/client relationship including the contractual, tortious and fiduciary nature of the relationship

Activities:
Assignment, case study, participation in clinical placement, reflective journal
Related graduate capabilities and elements:
Literacies and Communication Skills(Writing)
Inquiry and Analytical Skills(Creative Problem-solving,Inquiry/Research)
Inquiry and Analytical Skills(Creative Problem-solving,Inquiry/Research)
Discipline -Specific Knowledge and Skills(Discipline-Specific Knowledge and Skills)

03. Demonstrate knowledge and understanding of the statutory and common law rules governing lawyers# professional conduct in relation to clients, the courts and third parties

Activities:
Assignment, case study, participation in clinical placement, reflective journal
Related graduate capabilities and elements:
Literacies and Communication Skills(Writing)
Inquiry and Analytical Skills(Creative Problem-solving,Inquiry/Research)
Inquiry and Analytical Skills(Creative Problem-solving,Inquiry/Research)
Discipline -Specific Knowledge and Skills(Discipline-Specific Knowledge and Skills)

04. Demonstrate an understanding of the various frameworks/approaches for making ethical decisions in a practical context

Activities:
Assignment, case study, participation in clinical placement, reflective journal
Related graduate capabilities and elements:
Literacies and Communication Skills(Writing)
Inquiry and Analytical Skills(Creative Problem-solving,Inquiry/Research)
Inquiry and Analytical Skills(Creative Problem-solving,Inquiry/Research)
Discipline -Specific Knowledge and Skills(Discipline-Specific Knowledge and Skills)

05. Analyse the professional responsibilities of a legal practitioner and apply these to real legal practice situations

Activities:
Assignment, case study, participation in clinical placement, reflective journal
Related graduate capabilities and elements:
Literacies and Communication Skills(Writing)
Inquiry and Analytical Skills(Creative Problem-solving,Inquiry/Research)
Inquiry and Analytical Skills(Creative Problem-solving,Inquiry/Research)
Discipline -Specific Knowledge and Skills(Discipline-Specific Knowledge and Skills)

06. Demonstrate knowledge and understanding of the fiduciary nature of the lawyer/client relationship including knowledge of the statutory requirements regulating trust accounting.

Activities:
Assignment, case study, participation in clinical placement, reflective journal
Related graduate capabilities and elements:
Literacies and Communication Skills(Writing)
Inquiry and Analytical Skills(Creative Problem-solving,Inquiry/Research)
Inquiry and Analytical Skills(Creative Problem-solving,Inquiry/Research)
Discipline -Specific Knowledge and Skills(Discipline-Specific Knowledge and Skills)

07. Demonstrate reflective skills

Activities:
Reflective journals, participation in supervision discussions and final essay
Related graduate capabilities and elements:
Literacies and Communication Skills(Writing)
Inquiry and Analytical Skills(Creative Problem-solving,Inquiry/Research)
Inquiry and Analytical Skills(Creative Problem-solving,Inquiry/Research)
Discipline -Specific Knowledge and Skills(Discipline-Specific Knowledge and Skills)

08. Analyse, evaluate and perform the professional ethical responsibilities of a lawyer in the context of daily legal practice

Activities:
Clinical Placement participation and supervision discussions
Related graduate capabilities and elements:
Literacies and Communication Skills(Writing)
Inquiry and Analytical Skills(Creative Problem-solving,Inquiry/Research)
Inquiry and Analytical Skills(Creative Problem-solving,Inquiry/Research)
Discipline -Specific Knowledge and Skills(Discipline-Specific Knowledge and Skills)

09. Demonstrate effective legal interviewing, oral and written communication skills

Activities:
Clinical Placement participation
Related graduate capabilities and elements:
Inquiry and Analytical Skills(Creative Problem-solving,Inquiry/Research)
Inquiry and Analytical Skills(Creative Problem-solving,Inquiry/Research)
Discipline -Specific Knowledge and Skills(Discipline-Specific Knowledge and Skills)

10. Demonstrate effective legal research skills with an immediate and practical purpose

Activities:
Clinical Placement participation
Related graduate capabilities and elements:
Inquiry and Analytical Skills(Creative Problem-solving,Inquiry/Research)
Inquiry and Analytical Skills(Creative Problem-solving,Inquiry/Research)
Discipline -Specific Knowledge and Skills(Discipline-Specific Knowledge and Skills)

Subject options

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Start date between: and    Key dates

Melbourne, 2019, Semester 1, Day

Overview

Online enrolmentYes

Maximum enrolment size12

Enrolment information Restricted by available external placement sites Ballot with preference to final year students.

Subject Instance Co-ordinatorBen Walsh

Class requirements

TutorialWeek: 10 - 22
One 1.0 hours tutorial per week on weekdays during the day from week 10 to week 22 and delivered via face-to-face.

SeminarWeek: 10 - 22
One 2.0 hours seminar per week on weekdays during the day from week 10 to week 22 and delivered via face-to-face.

Placement - Off SiteWeek: 10 - 22
One 1.0 days placement - off site per week on weekdays during the day from week 10 to week 22 and delivered via face-to-face.

Assessments

Assessment elementComments%ILO*
One 2,000-word assignment2001, 02, 03, 06
One 2,500-word case study3004, 05, 07, 08
Supervised performance in clinical placement4007, 08, 09, 10
Ten reflective journals -100 words each1007

Melbourne, 2019, Semester 2, Day

Overview

Online enrolmentYes

Maximum enrolment size12

Enrolment information Restricted by available external placement sites Ballot with preference to final year students.

Subject Instance Co-ordinatorBen Walsh

Class requirements

TutorialWeek: 31 - 43
One 1.0 hours tutorial per week on weekdays during the day from week 31 to week 43 and delivered via face-to-face.

SeminarWeek: 31 - 43
One 2.0 hours seminar per week on weekdays during the day from week 31 to week 43 and delivered via face-to-face.

Placement - Off SiteWeek: 31 - 43
One 1.0 days placement - off site per week on weekdays during the day from week 31 to week 43 and delivered via face-to-face.

Assessments

Assessment elementComments%ILO*
One 2,000-word assignment2001, 02, 03, 06
One 2,500-word case study3004, 05, 07, 08
Supervised performance in clinical placement4007, 08, 09, 10
Ten reflective journals -100 words each1007