 
- Legal Professional Conduct Summary Notes!
What's in the Legal Professional Conduct Summary Notes?
Our Legal Professional Conduct Summary Notes will provide you with a clear and complete synthesis of the most important points you need for your Legal Professional Conduct exam. The table of contents of our Legal Professional Conduct Summary Notes is shown below.
Table of Contents for Legal Professional Conduct Summary Notes
1. Introduction. 4
A. How to use Cram Notes. 4
B. Abbreviations. 5
2. Ethical
Problems in Legal Representation. 5
A. Moral issues. 5
B. Ethical discretion.. 6
C. Ethics of care. 6
3. Regulation
of the Legal Profession. 7
A. Self-regulation.. 7
i. Advantages. 7
ii. Disadvantages. 7
B. Involvement of non-lawyers. 7
i. Advantages. 7
ii. Disadvantages. 8
C. Professional
associations. 8
i. Advantages. 8
ii. Disadvantages. 8
D. Government 8
4. Admission
as a Legal Practitioner. 9
A. Eligibility & suitability. 9
i. Eligibility. 9
ii. Suitability. 9
B. Dishonesty. 10
C. Political activity. 11
D. Re-admission.. 11
5. Disciplinary
Process for Legal Practitioners. 12
A. Common features. 12
B. Inherent power of the courts. 12
i. Contempt of court 12
C. Unsatisfactory professional conduct 13
D. Professional misconduct 13
E. Common categories of misconduct 13
i. Unreasonable
delay. 14
F. Conduct outside professional
practice. 14
6. Lawyer-Client
Communication. 15
A. Indigenous Australian clients. 15
B. Inexperienced counsel 15
7. Lawyer��s
Fees & Costs. 15
A. Disclosure. 15
B. Consequences of failure to disclose. 16
C. Fee Arrangements. 16
D. Professional misconduct relating to
costs. 16
8. Legal
Representation �V Duty to Accept Work & Obey Instructions. 17
A. Barristers �V Cab rank. 17
i. Right
to refuse brief 17
B. Solicitors. 18
C. Reasonable prospects of success. 18
D. Duty to Continue to Act/Termination
of Retainer 18
i. Barrister 18
ii. Solicitor 19
E. Duty to Obey Client Instructions. 19
9. Legal
Representation �V Is the Client of Sufficient Legal Capacity? 20
A. Undue influence. 20
B. Children clients. 20
i. The
role of the Separate Representative: 21
ii. Sterilization
procedure. 21
C. Client capacity guidelines. 21
10. Legal
Representation �V Duty of Care & Competence 22
A. Liability in Negligence, Contract
& Advocates�� Immunity. 22
i. Standard
of care. 22
ii. Was the duty
breached?. 22
iii. Causation �V would
client have acted differently?. 23
iv. Development of the
Immunity Doctrine. 23
B. Liability to Third Parties. 24
i. Duties
owed to Parties. 24
ii. Duty Owed To
Third Parties (Non-Clients) 25
11. Legal
Representation �V Lawyer-Client Conflicts. 25
A. Fiduciary duties. 25
B. Lawyer-Client Conflicts. 25
C. Lawyer as a Witness. 26
D. Confidentiality. 27
12. Legal
Representation �V Legal Professional Privilege 28
A. Legal Professional Privilege. 28
B. Dominant purpose test 28
C. Abrogation by statute. 29
13. Legal
Representation �V Client-Client Conflicts. 29
A. Concurrent Client-Client Conflicts. 29
i. Contentious/litigious
work. 29
ii. Non-contentious
work. 30
B. Successive client-client conflicts. 30
C. Chinese walls. 31
14. Negotiation Skills and Ethics. 31
A. Transactional Negotiation.. 32
B. Negotiation as a dispute resolution
process. 32
C. Conditions which must be satisfied
for negotiations to take place. 32
D. Approaches to Negotiation.. 32
E. Assessing proposed options. 33
F. Possible outcomes. 33
G. Relaying false information.. 33
H. Misleading and Deceptive conduct 34
i. Mere silence. 34
I. Solicitor as an active
participant 34
J. Solicitor as an passive
bystander 34
15. Access to justice & the Legal Aid System.. 35
A. Legal Aid and the Right to
Representation.. 35
i. Legal
Aid. 35
ii. Right to Representation. 35
1) Problems in applying the Dietrich
principle of providing adequate representation 36
B. Unrepresented party. 36
C. Pro bono.. 37
16. Fairness & Candour in the Adversarial
System.. 37
A. Excessive Adversarialism... 37
B. Hopeless Cases. 37
C. The role of the advocate. 37
D. Inference with witnesses. 38
E. Rudeness and discourtesy. 38
F. Duty of Candour 39
G. The giving of undertakings. 39
17. Duties of Prosecutors & Defence Lawyers
in Criminal Trials. 40
A. Guilty Pleas. 40
B. Prosecutor��s duties. 40
C. Disclosure of guilt and lies. 42
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