General Information
Legal Profession is a compulsory subject in the Bachelor of Laws program offered by the Faculty of Law. The subject focuses on the regulation of the legal profession and the scope of lawyers’ professional responsibilities, including operation of trust accounts. Emphasis is placed on the demonstration of legal ethics and professionalism skills.
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Details
Academic unit: Faculty of Law Subject code: LAWS11-326 Subject title: Legal Profession Subject level: Undergraduate Semester/Year: January 2020 Credit points: 10.000 -
Delivery & attendance
Timetable: https://bond.edu.au/timetable Delivery mode: Standard Workload items: - Lecture: x12 (Total hours: 24) - Weekly Lecture
- Tutorial: x11 (Total hours: 11) - Weekly Tutorial
- Personal Study Hours: x12 (Total hours: 84) - Recommended study hours
- Self-Directed Activity: x1 (Total hours: 1) - Integrated Skills and Professionalism Development
Attendance and learning activities: -
Resources
Prescribed resources: Books
- R. Mortensen (2017). Client Money - Trust Account Management for Australian Lawyers. First, Australia Lexis Nexis Butterworths 156
- Francisco Esparraga (2019). Ethical Legal Practice and Professional Conduct. First, Australia Lexis Nexis Butterworths 388
Others
- Qld Government Legal Profession Act 2007 (Queensland), current.
- Qld Government Legal Profession Regulation 2017 (Queensland), current.
- Bar Association of Queensland Barristers Conduct Rules, current.
- Queensland Law Society (Ethics Centre) Australian Solicitors Conduct Rules, current.
iLearn@Bond & Email: iLearn@Bond is the online learning environment at Bond University and is used to provide access to subject materials, lecture recordings and detailed subject information regarding the subject curriculum, assessment and timing. Both iLearn and the Student Email facility are used to provide important subject notifications. Additionally, official correspondence from the University will be forwarded to students’ Bond email account and must be monitored by the student. To access these services, log on to the Student Portal from the Bond University website as www.bond.edu.au
| Academic unit: | Faculty of Law |
|---|---|
| Subject code: | LAWS11-326 |
| Subject title: | Legal Profession |
| Subject level: | Undergraduate |
| Semester/Year: | January 2020 |
| Credit points: | 10.000 |
| Timetable: | https://bond.edu.au/timetable |
|---|---|
| Delivery mode: | Standard |
| Workload items: |
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| Attendance and learning activities: |
| Prescribed resources: | Books
Others
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|---|---|
| iLearn@Bond & Email: | iLearn@Bond is the online learning environment at Bond University and is used to provide access to subject materials, lecture recordings and detailed subject information regarding the subject curriculum, assessment and timing. Both iLearn and the Student Email facility are used to provide important subject notifications. Additionally, official correspondence from the University will be forwarded to students’ Bond email account and must be monitored by the student. To access these services, log on to the Student Portal from the Bond University website as www.bond.edu.au |
Enrolment requirements
| Requisites: |
Nil |
|---|---|
| Assumed knowledge: |
Assumed knowledge is the minimum level of knowledge of a subject area that students are assumed to have acquired through previous study. It is the responsibility of students to ensure they meet the assumed knowledge expectations of the subject. Students who do not possess this prior knowledge are strongly recommended against enrolling and do so at their own risk. No concessions will be made for students’ lack of prior knowledge. Assumed Prior Learning (or equivalent):
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| Restrictions: |
Nil |
Assurance of learning
Assurance of Learning means that universities take responsibility for creating, monitoring and updating curriculum, teaching and assessment so that students graduate with the knowledge, skills and attributes they need for employability and/or further study.
At Bond University, we carefully develop subject and program outcomes to ensure that student learning in each subject contributes to the whole student experience. Students are encouraged to carefully read and consider subject and program outcomes as combined elements.
Program Learning Outcomes (PLOs)
Program Learning Outcomes provide a broad and measurable set of standards that incorporate a range of knowledge and skills that will be achieved on completion of the program. If you are undertaking this subject as part of a degree program, you should refer to the relevant degree program outcomes and graduate attributes as they relate to this subject.
Subject Learning Outcomes (SLOs)
On successful completion of this subject the learner will be able to:
- Demonstrate understanding of the following topics: structure and regulation of the legal profession; ethical principles, norms and values; duties owed to client, community and profession; trust accounting basics; duties to the law, courts and in the administration of justice; and self-management and wellness in legal practice.
- Demonstrate competency in exercising the following skill at an advanced level, with creativity, initiative and judgment: legal ethics and professionalism.
- Adhere to the highest standards of professionalism, including a commitment to: learning and working independently and reflectively; behaving ethically and responsibly; and managing time effectively and meeting deadlines.
Generative Artificial Intelligence in Assessment
The University acknowledges that Generative Artificial Intelligence (Gen-AI) tools are an important facet of contemporary life. Their use in assessment is considered in line with students’ development of the skills and knowledge which demonstrate learning outcomes and underpin study and career success. Instructions on the use of Gen-AI are given for each assessment task; it is your responsibility to adhere to these instructions.
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Assessment details
Type Task % Timing* Outcomes assessed Paper-based Examination (Open) End of Semester Examination 50% Final Examination Period 1,2,3 Paper-based Examination (Limited Open) Trust Accounting Assessment - Managing Client Money 25% Week 7 (Mid-Semester Examination Period) 1,2,3 *Class Participation Class Participation 15% Ongoing 1,2,3 Exercise Reflect critically on an aspect of Legal Ethics - either by oral presentation in tutorial or by written reflection on Discussion Board. 10% Ongoing 1,2,3 - * Assessment timing is indicative of the week that the assessment is due or begins (where conducted over multiple weeks), and is based on the standard University academic calendar
- C = Students must reach a level of competency to successfully complete this assessment.
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Assessment criteria
Assessment criteria
High Distinction 85-100 Outstanding or exemplary performance in the following areas: interpretative ability; intellectual initiative in response to questions; mastery of the skills required by the subject, general levels of knowledge and analytic ability or clear thinking. Distinction 75-84 Usually awarded to students whose performance goes well beyond the minimum requirements set for tasks required in assessment, and who perform well in most of the above areas. Credit 65-74 Usually awarded to students whose performance is considered to go beyond the minimum requirements for work set for assessment. Assessable work is typically characterised by a strong performance in some of the capacities listed above. Pass 50-64 Usually awarded to students whose performance meets the requirements set for work provided for assessment. Fail 0-49 Usually awarded to students whose performance is not considered to meet the minimum requirements set for particular tasks. The fail grade may be a result of insufficient preparation, of inattention to assignment guidelines or lack of academic ability. A frequent cause of failure is lack of attention to subject or assignment guidelines. Quality assurance
For the purposes of quality assurance, Bond University conducts an evaluation process to measure and document student assessment as evidence of the extent to which program and subject learning outcomes are achieved. Some examples of student work will be retained for potential research and quality auditing purposes only. Any student work used will be treated confidentially and no student grades will be affected.
| Type | Task | % | Timing* | Outcomes assessed |
|---|---|---|---|---|
| Paper-based Examination (Open) | End of Semester Examination | 50% | Final Examination Period | 1,2,3 |
| Paper-based Examination (Limited Open) | Trust Accounting Assessment - Managing Client Money | 25% | Week 7 (Mid-Semester Examination Period) | 1,2,3 |
| *Class Participation | Class Participation | 15% | Ongoing | 1,2,3 |
| Exercise | Reflect critically on an aspect of Legal Ethics - either by oral presentation in tutorial or by written reflection on Discussion Board. | 10% | Ongoing | 1,2,3 |
- * Assessment timing is indicative of the week that the assessment is due or begins (where conducted over multiple weeks), and is based on the standard University academic calendar
- C = Students must reach a level of competency to successfully complete this assessment.
Assessment criteria
| High Distinction | 85-100 | Outstanding or exemplary performance in the following areas: interpretative ability; intellectual initiative in response to questions; mastery of the skills required by the subject, general levels of knowledge and analytic ability or clear thinking. |
|---|---|---|
| Distinction | 75-84 | Usually awarded to students whose performance goes well beyond the minimum requirements set for tasks required in assessment, and who perform well in most of the above areas. |
| Credit | 65-74 | Usually awarded to students whose performance is considered to go beyond the minimum requirements for work set for assessment. Assessable work is typically characterised by a strong performance in some of the capacities listed above. |
| Pass | 50-64 | Usually awarded to students whose performance meets the requirements set for work provided for assessment. |
| Fail | 0-49 | Usually awarded to students whose performance is not considered to meet the minimum requirements set for particular tasks. The fail grade may be a result of insufficient preparation, of inattention to assignment guidelines or lack of academic ability. A frequent cause of failure is lack of attention to subject or assignment guidelines. |
Quality assurance
For the purposes of quality assurance, Bond University conducts an evaluation process to measure and document student assessment as evidence of the extent to which program and subject learning outcomes are achieved. Some examples of student work will be retained for potential research and quality auditing purposes only. Any student work used will be treated confidentially and no student grades will be affected.
Study Information
Submission procedures
Students must check the iLearn@Bond subject site for detailed assessment information and submission procedures.
Policy on late submission and extensions
A late penalty will be applied to all overdue assessment tasks unless an extension is granted by the subject coordinator. The standard penalty will be 10% of marks awarded to that assessment per day late with no assessment to be accepted seven days after the due date. Where a student is granted an extension, the penalty of 10% per day late starts from the new due date.
Academic Integrity
University’s Academic Integrity Policy defines plagiarism as the act of misrepresenting as one’s own original work: another’s ideas, interpretations, words, or creative works; and/or one’s own previous ideas, interpretations, words, or creative work without acknowledging that it was used previously (i.e., self-plagiarism). The University considers the act of plagiarising to be a breach of the Student Conduct Code and, therefore, subject to the Discipline Regulations which provide for a range of penalties including the reduction of marks or grades, fines and suspension from the University.
Bond University utilises Originality Reporting software to inform academic integrity.Feedback on assessment
Feedback on assessment will be provided to students within two weeks of the assessment submission due date, as per the Assessment Policy.
Accessibility and Inclusion Support
If you have a disability, illness, injury or health condition that impacts your capacity to complete studies, exams or assessment tasks, it is important you let us know your special requirements, early in the semester. Students will need to make an application for support and submit it with recent, comprehensive documentation at an appointment with a Disability Officer. Students with a disability are encouraged to contact the Disability Office at the earliest possible time, to meet staff and learn about the services available to meet your specific needs. Please note that late notification or failure to disclose your disability can be to your disadvantage as the University cannot guarantee support under such circumstances.
Additional subject information
Students may be asked to respond to questions from the subject coordinator regarding the content of their assessments. Students are expected to keep evidence of drafting and research.
Subject curriculum
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Structure and regulation of the legal profession in Queensland and Australia
Rationale: Why do we study Legal Ethics? Lawyers, Regulation and Reform; Binding nature of legal profession rules; Reforms In Legal Profession Act 2007; Structure of Law in Queensland; Fitness for admission to practice.
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Duties owed to the client – commencing and concluding the client relationship; costs and billing
Retainers & Liens; Disclosure of Professional Fees and Charges; Champertous Agreements; Conditional/ Speculative Fees and Uplift Fees; Ending the Retainer.
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Duties owed to the clients – managing client money
Requirements in relation to the handling of trust moneys.
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Managing client’s money – trust accounting
Requirements in relation to receipts and payments of trust moneys and the recordings of the receipts and payments.
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Managing client’s money – trust accounting
Transfer by journal, other types of trust money, reversal of receipts and payments and investments of trust moneys.
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Introduction to ethical principles, norms and values;
Disciplinary proceedings for misconduct
Identifying and addressing ethical dilemmas; the fiduciary relationship; Objectives of Disciplinary Proceedings; Misconduct; Making a Complaint; Disciplinary Orders; Factors that Impact on Disciplinary Orders; Types of Misconduct; Misconduct Outside Practice.
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Self-management and wellness in practice
Issues in managing health and well-being in law. This material will be addressed in multi-media.
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Duties owed to the client – confidentiality and legal professional privilege
The Duty to Preserve Clients' Confidences; Legal Professional Privilege (LPP); What types of communication are privileged? Public Interest Exception to LPP; Other Exceptions to Legal Professional Privilege.
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Duties owed to the client – dealing with conflicts
The Duty to Avoid Conflicts of Interest; Borrowing Transactions; Conducting Another Business; Receiving A Gift From A Client; Receiving A Benefit Under A Will; Concurrent Representation Opposing A Current Client (Acting For More Than One Party).
SLOs included
- Demonstrate understanding of the following topics: structure and regulation of the legal profession; ethical principles, norms and values; duties owed to client, community and profession; trust accounting basics; duties to the law, courts and in the administration of justice; and self-management and wellness in legal practice.
- Demonstrate competency in exercising the following skill at an advanced level, with creativity, initiative and judgment: legal ethics and professionalism.
- Adhere to the highest standards of professionalism, including a commitment to: learning and working independently and reflectively; behaving ethically and responsibly; and managing time effectively and meeting deadlines.
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Duties owed to the community and profession; Duty to the law
Conduct of practice. The Lawyer as an Officer of the Court; Duty to Obey the Law;.
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Duty to the law; Duties to the court and in the administration of justice
The Lawyer as an Officer of the Court; Duty to Obey the Law; Duties of Independence, Frankness and Candour.
SLOs included
- Demonstrate understanding of the following topics: structure and regulation of the legal profession; ethical principles, norms and values; duties owed to client, community and profession; trust accounting basics; duties to the law, courts and in the administration of justice; and self-management and wellness in legal practice.
- Demonstrate competency in exercising the following skill at an advanced level, with creativity, initiative and judgment: legal ethics and professionalism.
- Adhere to the highest standards of professionalism, including a commitment to: learning and working independently and reflectively; behaving ethically and responsibly; and managing time effectively and meeting deadlines.
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Consequences of misbehaviour - legal liability
Civil consequences of misconduct; Advocates immunity.