Ethics, professional responsibility and legal practice

Description

Full Title Copyright Preface Table of Cases Table of Statutes Table of Contents 1 Legal Ethics and Professional Practice Introduction The Study of Lawyers’ Professional Responsibility Definitions Professional Rules of Conduct Lying Some Ethical Problems for Consideration How are Lawyers Perceived? Applying Lawyering Techniques to Ethical Problems Ethical Obligations of Lawyers in Terms of the Professional Rules of Conduct The Amoral Lawyer The Moral Lawyer Attributes of a Profession What is not Acting as a Professional? Codes of Ethics Monopoly Over Legal Services 2 The Structure and Regulation of the Legal Profession in Australia Introduction Arguments for and Against the Present Structure Restrictive Rules of the Bar Regulation of Lawyers by Lawyers National Regulatory System — Legal Profession Uniform Law 3 Admission to Practice Introduction Educational and Practical Training Requirements Mutual Recognition ‘Good Fame and Character’ Student Misconduct 4 Discipline Introduction Inherent Power of the Courts Statutory Categories of Misconduct Common Law Categories of Misconduct Inquisitorial Aspects — Candour and Cooperation Penalties, Procedures and Overcharging Conduct Outside Professional Practice 5 The Representation of Clients Introduction Duty to Accept Work Repugnant and/or Unpopular Clients Representation for Serious Criminal Charges Duty to Continue to Act Communication and Control Information and Advice Offers of Settlement Duties in Relation to Client Instructions Duties in Relation to Advocacy Particular Aspects — Children and Clients with Disabilities 6 Competence and Care Introduction Professional Rules of Conduct Duties Owed to the Client in Relation to Competence and Care Accepting Instructions Within the Practitioner’s Area of Competence Keeping the Client Informed and Completing the Required Work Within a Reasonable Time Undertaking Work in a Manner so as Not to Incur Unnecessary Costs for the Client The Standard of Care Non-Client Liability — Wills Non-Client Liability — Other Areas Development of the Immunity Doctrine Abolition of the Immunity Doctrine in England Retention of the Immunity Doctrine in Australia 7 Confidentiality and Privilege Introduction The Nature of Confidential Information Professional Rules of Conduct Concerning Confidentiality Grounds for the Disclosure of Confidential Information General Principles in Relation to Legal Professional Privilege The Rationale for the Privilege Privilege in Relation to Government and Corporate Lawyers Classes of Documents that Attract Legal Professional Privilege The Sole and Dominant Purpose Tests Circumstances Where Privilege can be Lost Abrogation by Statute Waiver Improper or Illegal Purpose 8 Conflicts of Interest Introduction Rules of Professional Conduct Areas of Potential Conflict and ‘Chinese Walls’ Acting for more than One Party The Lawyer, the Client and Vested Interests The Lawyer as a Potential Witness Opposing a Former Client 9 The Adversary System Introduction Rules of Professional Practice The Role of the Judge Unrepresented Parties The Role of the Advocate The Role of the Prosecutor Confessions of Guilt 10 Duties of Diligence, Integrity and Candour Introduction The Avoidance of Unreasonable Delay Interference with Witnesses and Others Duty of Candour and Frankness The Giving of Undertakings Index