LAWS108 Lecture Notes - Lecture 1: James Spigelman, Speaking Parts, Murray Gleeson
30 May 2018
School
Course
Professor
Week 1 – Perceptio of Lawyers, Lawyers
i Australia ad Legal Professioalis
Perception of Lawyers
Media coverage mainly covers criminal lawyers who defend them, giving them a bad image to the
public.
Different views of lawyers:
• It’s oo to see layers as oey hugry – Ysiah Ross
• Common view of misunderstanding, lawyers job to represent a client – not a distorter of the
truth. They are retained to protect the client, not investigate
• Lawyers as paper generators, create documents just to increase billable hours
• Lawyers have a duty of fairness, they cannot abuse court processes. Identify relevant
materials
• Lawyers owe their client with general law, in legislation as well
The amoral lawyer:
- Wasserstrom
- Relationship between lawyer and client should be indifferent to a variety of consequences;
example, finding a client wishes questionable should not lead you to not put their interest
first, if they want their wife and children to receive as little money as possible in a divorce,
you have to have their interests in mind.
Lawyer as friend – Fried
The moral lawyer – Shaffer
Lawyers in Australia
Solicitors:
- Direct relationship with client;
- Can be generalist or specialist;
- NSW Law Society;
- Legal Profession Uniform Law Australian Solicitors’ Codut Rules 5
Barristers:
- Characterised by independence;
- Usually receive instructions from solicitors;
- Advocates in Court;
- NSW Bar Association;
- Legal Profession Uniform Conduct (Barristers) Rules 2015
Australia Solicitors’ Coduct Rules:
- Duty to court and justice, ethics;
- Act in the best interest of the client;
- Be honest and courteous, deliver legal services competently and diligently;
- Avoid compromise to their integrity and professional independence
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Week 1 perceptio(cid:374) of lawyers, lawyers i(cid:374) australia a(cid:374)d legal professio(cid:374)alis(cid:373) Media coverage mainly covers criminal lawyers who defend them, giving them a bad image to the public. It"s (cid:272)o(cid:373)(cid:373)o(cid:374) to see la(cid:449)yers as (cid:373)o(cid:374)ey hu(cid:374)gry ysiah ross: common view of misunderstanding, lawyers job to represent a client not a distorter of the truth. They are retained to protect the client, not investigate. Lawyers as paper generators, create documents just to increase billable hours. Lawyers have a duty of fairness, they cannot abuse court processes. Lawyers owe their client with general law, in legislation as well. Legal profession uniform law australian solicitors" co(cid:374)du(cid:272)t rules (cid:1006)(cid:1004)(cid:1005)5. Act in the best interest of the client; Be honest and courteous, deliver legal services competently and diligently; Avoid compromise to their integrity and professional independence. Recognise and discharge their obligations in relation to the administration of justice; Provide services of the highest standard unaffected by personal interest.
