LAWS1001A Lecture Notes - Lecture 5: High Standard Manufacturing Company, Shoplifting, Affirmative Defense
2 Jul 2018
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LAWS1001 Seminar- Week 5 System.
Discussion Questions:
1. What are the characteristics of a profession?
A feature of a profession is that their practitioners seek to serve the public- and individuals
are said to become members of a profession as a matter of vocation or calling, and that
calling is to serve others. Features of a profession include extensive training, intellectuality,
and adherence to standards of conduct.
2. What are the three main types of legal practitioners?
The three main types of legal practitioners are barristers, solicitors and attorneys. Attorneys
are a jack of all trades, barristers specialise in oral pleadings and solicitors are alike a clerk.
3. What are the main entry level requirements for a legal practitioner?
The main entry level requirements for a legal practitioner includes a possession of
specialised knowledge, training and skill; personal qualities capable of discharging duties of
the profession and maintaining the confidence of the courts and public of competence, a law
degree from an accredited Law School, specialised in practice training, and a fit and proper
character. This requires the law school to provide any records of student wrongdoings, and a
person must swear or affirm an affidavit that the legal student for admission is of good fame
and character.
4. What level of knowledge, skill and training is expected?
The minimum level of knowledge standards to enter the profession in Australia are the so
called ‘Priestley 11’ law subjects- administrative aw, civil procedure, company law, contracts,
criminal law and procedure, equity (including trusts), ethics and professional responsibility,
evidence, federal and state constitutional law, property and torts. In addition to these
academic qualifications, the aspiring lawyer also needs a certificate, or other qualification, in
practicing legal training. Those wishing to be admitted into the Bar must also pass a Bar
examination and then enter into a pupillage arrangement when the would-be-barrister’s
legal advices or court representation work is supervised by their pupil master.
5. What are the major professional conduct rules?
Lawyers have obligations to clients, courts, fellow practitioners and to whom they have a
professional relationship.
The Law Council of Australia, the peak body for the Australian legal profession, developed
the Australian Solicitors Conduct Rules 2011, which provides a single, uniform set of
Professional Conduct Rules that govern solicitors’ professional dealings with all those to
whom they owe obligations and list the factors to be taken into account in deciding whether
an applicant is fit and proper. This includes whether a person:
Has complied with the solicitor’s paramount duty to the court and the
administration of justice.
Has acted in the best interests of their clients.
Has been honest and courteous in all dealings in the course of legal practice.
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Document Summary
A feature of a profession is that their practitioners seek to serve the public- and individuals are said to become members of a profession as a matter of vocation or calling, and that calling is to serve others. The three main types of legal practitioners are barristers, solicitors and attorneys. In addition to these academic qualifications, the aspiring lawyer also needs a certificate, or other qualification, in practicing legal training. Lawyers have obligations to clients, courts, fellow practitioners and to whom they have a professional relationship. The law council of australia, the peak body for the australian legal profession, developed the australian solicitors conduct rules 2011, which provides a single, uniform set of. Professional conduct rules that govern solicitors" professional dealings with all those to whom they owe obligations and list the factors to be taken into account in deciding whether an applicant is fit and proper.
