LAWS108 Lecture Notes - Lecture 1: Speaking Parts, Alternative Dispute Resolution, Law Society Of New South Wales
10 May 2018
School
Course
Professor
LAWS108 Lecture
Week 1 – The Lawyer’s Place in Society
Perceptions of Lawyers
- Public perceptions
- Lawyer as a distorted of the truth
- Lawyer as a paper generator
- Lawyer as a sorcerer
- Lawyer as hero
- The amoral lawyer (Wasserstein)
- Lawyer as friend (Fried)
- The moral lawyer (Shaffer)
Lawyers in Australia
- Solicitors
o Direct relationship with clients
o Can be generalist or specialist
o See NSW Law Society
o Legal Pofessio Uifo La Austalia “oliitos’ Codut Rules 5
- Barristers
o Characterised be independence
o Usually receive instructions from solicitors
o Advocates in Court
o See NSW Bar Association
o Legal Profession Uniform Conduct (Barristers) Rules 2015
Australian Solicitors’ Conduct Rules
- Fundamental duties of solicitors
o Paramount duty to the court and the administration of justice
▪ A soliito’s dut to the out ad the adiistatio of justie is
paramount and prevails to the extent of inconsistency with any other
duty
o Other fundamental ethical duties
▪ A solicitor must also:
• Act in the best interests of a client in any matter in which the
solicitor represents the client
• Be honest and courteous in all dealings in the course of legal
practice
• Deliver legal services competently, diligently and as promptly
as reasonably possible
• Avoid any compromise to their integrity and professional
independence, and
• Comply with these Rules and the law
Legal Profession Uniform Conduct (Barristers) Rules 2015
- Objects
o The object of these Rules is to ensure that barristers:
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▪ Act in accordance with the general principles of professional conduct
▪ Act independently
▪ Recognise and discharge their obligations in relation to the
administration of justice, and
▪ Provide services of the highest standard unaffected by personal
interest
Barristers Rule 11
- Work of a barrister
o Baistes’ ok osists of:
▪ Appearing as an advocate
▪ Preparing to appear as an advocate
▪ Negotiating for a client with an opponent to compromise a case
▪ Representing a client in or conducting a mediation or arbitration or
other method of alternative dispute resolution
▪ Giving legal advice
▪ Preparing or advising on documents to be used by a client or by
othes i elatio to the liet’s ase o othe affais
▪ Carrying out work properly incidental to the kinds of work referred to
in (a)-(f), and
▪ Such other work as is from time to time commonly carried out by
barristers
Barristers Rule 12
- A barrister must be a sole practitioner, and must not:
o Practise in partnership with any person
o Practise as the employer of any legal practitioner who acts as a legal
practitioner in the course of that employment
o Practise as the employee of any person
o Be a director of an incorporated legal practice, or
o Practise by or through an unincorporated legal practice
Barristers Rule 13
- A barrister must not, subject to rules 14 and 15:
o At as a peso’s geeal aget o attoe i that peso’s usiess o
dealings with others
o Be the address for service of any document or accept service of any
document
o Commence proceedings or file (other than file in court) or serve any process
of a out …
o Codut the oeae of a popet fo a othe peso …
o Adiiste a tust estate o fud fo a othe peso …
o Otai poate o lettes of adiistatio fo a othe peso …
o Iopoate opaies o poide shelf opaies fo a othe peso …
o Hold, invest, or disburse any funds for any other person
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Document Summary
Week 1 the lawyer"s place in society. Solicitors: direct relationship with clients, can be generalist or specialist, see nsw law society, legal p(cid:396)ofessio(cid:374) u(cid:374)ifo(cid:396)(cid:373) la(cid:449) aust(cid:396)alia(cid:374) oli(cid:272)ito(cid:396)s" co(cid:374)du(cid:272)t rules (cid:1006)(cid:1004)(cid:1005)5. Barristers: characterised be independence, usually receive instructions from solicitors, advocates in court, see nsw bar association, legal profession uniform conduct (barristers) rules 2015. I(cid:374)(cid:272)o(cid:396)po(cid:396)ate (cid:272)o(cid:373)pa(cid:374)ies o(cid:396) p(cid:396)o(cid:448)ide shelf (cid:272)o(cid:373)pa(cid:374)ies fo(cid:396) a(cid:374)(cid:455) othe(cid:396) pe(cid:396)so(cid:374) : hold, invest, or disburse any funds for any other person. Paramount duty to the court and the administration of justice: a soli(cid:272)ito(cid:396)"s dut(cid:455) to the (cid:272)ou(cid:396)t a(cid:374)d the ad(cid:373)i(cid:374)ist(cid:396)atio(cid:374) of justice is paramount and prevails to the extent of inconsistency with any other guy. Duty to the court: a barrister has an overriding duty to the court to act with dependence in the interests of the administration of justice. Nw (42. 2%) followed by victoria (25. 4%) and queensland (15. 3%)
