Students

LAWS806 – Applied Legal Ethics

2014 – S1 External

General Information

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Unit convenor and teaching staff Unit convenor and teaching staff Unit Convenor
Lise Barry
Contact via lise.barry@mq.edu.au
W3A507
TBA - see iLearn page
Credit points Credit points
4
Prerequisites Prerequisites
Admission to JD
Corequisites Corequisites
Co-badged status Co-badged status
Unit description Unit description
In this unit students will be encouraged to develop an ethical approach to the study and practice of law. Ethical problems may present in diverse ways, including problems of confidentiality, access to justice or conflict of duty and interest. The lawyer's role in the resolution of these problems is examined in the context of the common law, statute, professional rules of conduct and diverse theoretical approaches to legal ethics. The lawyer's relationships with their client, the court and other legal practitioners as well as with the general public are strengthened through development of skills such as listening, interviewing and negotiation. The unit also emphasizes continued improvements in academic writing skills, concentrating on structure, legal language and issues of academic honesty.

Important Academic Dates

Information about important academic dates including deadlines for withdrawing from units are available at https://www.mq.edu.au/study/calendar-of-dates

Learning Outcomes

On successful completion of this unit, you will be able to:

  • An advanced understanding of the critical importance of an ethical approach to the study and practice of law.
  • A sophisticated knowledge of how ethical principles inform and underpin the law of professional responsibility that regulates the practice of law in Australia.
  • An in depth understand and ability to apply the duties and obligations that are part of the legal practitioner’s relationship with his or her client, the court, other practitioners and members of the public.
  • An ability to critically analyze the different theoretical approaches to legal ethics and apply this analysis to the resolution of ethical problems.
  • Demonstrate advanced communication skills required for ethical practice, especially listening skills, interviewing skills, cross cultural communication skills and negotiation skills.
  • Develop mature and considered approaches to written communication including improvement in language, structure and citation methods

Assessment Tasks

Name Weighting Due
Essay 30% Friday 9th May 8pm
Reflective writing 40% see description for dates
Exam 30% Friday 13th June 8pm
Tutorial participation 0% Ongoing

Essay

Due: Friday 9th May 8pm
Weighting: 30%

 

In this paper students will be asked to make a personal response to a question of legal ethics. Students will be required to be familiar with a variety of models of applied legal ethics in order to justify their personal ethical decision making choices.

Student responses are expected to be well researched and to critically reflect upon and analyze both the law and theory of professional responsibility for lawyers.

Students will also be assessed on their written communication skills, particularly their ability to write in plain English.

The maximum word count for this assessment is 2000 words.

Assessments will be submitted online via Turnitin and must comply with the Macquarie University Policy on Academic Honesty and the Macquarie Law School Assessment policy.

The complete question will be released on iLearn.


On successful completion you will be able to:
  • An advanced understanding of the critical importance of an ethical approach to the study and practice of law.
  • A sophisticated knowledge of how ethical principles inform and underpin the law of professional responsibility that regulates the practice of law in Australia.
  • An ability to critically analyze the different theoretical approaches to legal ethics and apply this analysis to the resolution of ethical problems.
  • Develop mature and considered approaches to written communication including improvement in language, structure and citation methods

Reflective writing

Due: see description for dates
Weighting: 40%

 

Each week you should reflect on what you have learnt in the Unit.  Guidance will be provided about what we are looking for in your entries and you will have a chance to write and grade a practise reflection in class or online.  Your reflections will be submitted electronically via Turnitin and marked electronically.  Your reflections must include references to scholarly sources outside of the textbook materials.

You must submit reflective writing in 2 parts:

Part 1 is due by 8pm on Friday 18th April (20%) and includes reflections on Weeks 1 – 6, 1500 words maximum

Part 2 is due by 8pm on Friday 6th June (20%) and includes reflections on Week s 7 – 12, 1500 words maximum

The word limits will be strictly applied and any work beyond the word limit will not be marked. The word count does not include footnotes.  There is to be no substantive content in your footnotes.

Reflections are to be submitted in Word format, not pdf files.

Papers should be typed in a font of at least size 12 with line spacing of at least 1.5.

Reflective writing should be fully referenced according to the Australian Guide to Legal Citation (3rd edition). All work should comply with the Policies and Procedures outlined in this Unit Guide.


On successful completion you will be able to:
  • An advanced understanding of the critical importance of an ethical approach to the study and practice of law.
  • A sophisticated knowledge of how ethical principles inform and underpin the law of professional responsibility that regulates the practice of law in Australia.
  • An ability to critically analyze the different theoretical approaches to legal ethics and apply this analysis to the resolution of ethical problems.
  • Develop mature and considered approaches to written communication including improvement in language, structure and citation methods

Exam

Due: Friday 13th June 8pm
Weighting: 30%

 

This online examination will comprise two parts:

Part 1 - Time limited multiple choice exam - 20 questions worth 20%

Part 2 - Short problem question worth 10% - maximum word limit 1000 words

The exam will be released at 4pm and is due at 8pm on Friday 13th June.


On successful completion you will be able to:
  • An advanced understanding of the critical importance of an ethical approach to the study and practice of law.
  • An in depth understand and ability to apply the duties and obligations that are part of the legal practitioner’s relationship with his or her client, the court, other practitioners and members of the public.
  • Develop mature and considered approaches to written communication including improvement in language, structure and citation methods

Tutorial participation

Due: Ongoing
Weighting: 0%

 

Participation is Pass/Fail. You must pass this aspect of the course.

1.Class participation

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.

 

Specific readings and exercises will be set for each tutorial.  The tutorial program is set out on iLearn in a weekly format.  

 

External students will be assessed on their participation at the compulsory on-campus session.

 

External students should also undertake the readings and look at the exercises for the tutorials, as this material will form the basis for the activities undertaken at the on campus session.  More information on the structure of the on campus session will be provided closer to the time.

 

You must attend all tutorials. You are required to participate in the tutorial role plays, discussions, debates, reflective exercises and any other activities. 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, cross cultural communication skills and negotiation skills.

 From time to time, tutors will collect examples of student work completed in tutorials.

 If you cannot attend a tutorial you must email your tutor to inform them of your absence.  Extended absences from tutorials must meet the criteria for Special Consideration and be approved by the Unit Convenor.  Applications for Special Consideration are made online at ask.mq.edu.au

Tutors will 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 or unexplained absences.


On successful completion you will be able to:
  • An advanced understanding of the critical importance of an ethical approach to the study and practice of law.
  • An in depth understand and ability to apply the duties and obligations that are part of the legal practitioner’s relationship with his or her client, the court, other practitioners and members of the public.
  • Demonstrate advanced communication skills required for ethical practice, especially listening skills, interviewing skills, cross cultural communication skills and negotiation skills.

Delivery and Resources

There are no "live" lectures for this unit. This unit is delivered in two ways:

1) via online learning content that includes recorded lecture material, readings, quizzes, discussions and links to external resources such as videos and blogs

2) a weekly seminar for internal students/ a compulsory two day on campus session and optional one day on campus session for external students.

The required text is: Lise Barry (ed) Lawyers: Roles, Skills and Responsibilities (2013) Thomson Rueters.  Available from the Macquarie University Co-op Bookshop

Additional reading will be available via iLearn and e-researve.

Students require access to a computer and a secure and reliable server.  All Unit requirements and a weekly teaching schedule are outlined in iLearn.

All assessments are to be submitted electronically via Turnitin.

Unit Schedule

The weekly schedule is outlined in the iLearn site for this unit

Policies and Procedures

Macquarie University policies and procedures are accessible from Policy Central. Students should be aware of the following policies in particular with regard to Learning and Teaching:

Academic Honesty Policy http://mq.edu.au/policy/docs/academic_honesty/policy.html

Assessment Policy  http://mq.edu.au/policy/docs/assessment/policy.html

Grading Policy http://mq.edu.au/policy/docs/grading/policy.html

Grade Appeal Policy http://mq.edu.au/policy/docs/gradeappeal/policy.html

Grievance Management Policy http://mq.edu.au/policy/docs/grievance_management/policy.html

Disruption to Studies Policy http://www.mq.edu.au/policy/docs/disruption_studies/policy.html The Disruption to Studies Policy is effective from March 3 2014 and replaces the Special Consideration Policy.

In addition, a number of other policies can be found in the Learning and Teaching Category of Policy Central.

Student Code of Conduct

Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/support/student_conduct/

Additional Macquarie Law School policy on assessment

In the absence of a successful application for special consideration, any assessment task submitted after its published deadline will not be graded and will receive a mark of zero.

Word limits will be strictly applied and work above the word limit will not be marked.  Footnotes are only to be used for referencing. Substantive material in footnotes will not be marked.

All assessments in the unit are to be submitted electronically. Plagiarism detection software is used in this unit.

Student Support

Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/

Learning Skills

Learning Skills (mq.edu.au/learningskills) provides academic writing resources and study strategies to improve your marks and take control of your study.

Student Services and Support

Students with a disability are encouraged to contact the Disability Service who can provide appropriate help with any issues that arise during their studies.

Student Enquiries

For all student enquiries, visit Student Connect at ask.mq.edu.au

IT Help

For help with University computer systems and technology, visit http://informatics.mq.edu.au/help/

When using the University's IT, you must adhere to the Acceptable Use Policy. The policy applies to all who connect to the MQ network including students.

Graduate Capabilities

PG - Discipline Knowledge and Skills

Our postgraduates will be able to demonstrate a significantly enhanced depth and breadth of knowledge, scholarly understanding, and specific subject content knowledge in their chosen fields.

This graduate capability is supported by:

Learning outcomes

  • An in depth understand and ability to apply the duties and obligations that are part of the legal practitioner’s relationship with his or her client, the court, other practitioners and members of the public.
  • Demonstrate advanced communication skills required for ethical practice, especially listening skills, interviewing skills, cross cultural communication skills and negotiation skills.
  • Develop mature and considered approaches to written communication including improvement in language, structure and citation methods

PG - Critical, Analytical and Integrative Thinking

Our postgraduates will be capable of utilising and reflecting on prior knowledge and experience, of applying higher level critical thinking skills, and of integrating and synthesising learning and knowledge from a range of sources and environments. A characteristic of this form of thinking is the generation of new, professionally oriented knowledge through personal or group-based critique of practice and theory.

This graduate capability is supported by:

Learning outcome

  • An advanced understanding of the critical importance of an ethical approach to the study and practice of law.

PG - Research and Problem Solving Capability

Our postgraduates will be capable of systematic enquiry; able to use research skills to create new knowledge that can be applied to real world issues, or contribute to a field of study or practice to enhance society. They will be capable of creative questioning, problem finding and problem solving.

This graduate capability is supported by:

Learning outcome

  • Develop mature and considered approaches to written communication including improvement in language, structure and citation methods

PG - Effective Communication

Our postgraduates will be able to communicate effectively and convey their views to different social, cultural, and professional audiences. They will be able to use a variety of technologically supported media to communicate with empathy using a range of written, spoken or visual formats.

This graduate capability is supported by:

Learning outcomes

  • Demonstrate advanced communication skills required for ethical practice, especially listening skills, interviewing skills, cross cultural communication skills and negotiation skills.
  • Develop mature and considered approaches to written communication including improvement in language, structure and citation methods

PG - Engaged and Responsible, Active and Ethical Citizens

Our postgraduates will be ethically aware and capable of confident transformative action in relation to their professional responsibilities and the wider community. They will have a sense of connectedness with others and country and have a sense of mutual obligation. They will be able to appreciate the impact of their professional roles for social justice and inclusion related to national and global issues

This graduate capability is supported by:

Learning outcomes

  • A sophisticated knowledge of how ethical principles inform and underpin the law of professional responsibility that regulates the practice of law in Australia.
  • An ability to critically analyze the different theoretical approaches to legal ethics and apply this analysis to the resolution of ethical problems.