Unit rationale, description and aim
This level four unit contributes to the development of:
- advanced theoretical and technical knowledge in the field of Legal Ethics and Professional Responsibility;
- advanced, cognitive, technical and communication skills and the ability to apply these to complex ethical problems in a professional context;
- advanced research and writing skills.
This unit deals with the concept of professional responsibility and the obligations lawyers owe to the courts, to their clients, to other practitioners, to the public and to the administration of justice. It also examines the regulation of the legal profession, including the costs lawyers may charge and recover, restrictions on the conduct of legal practice, professional misconduct, disciplinary proceedings and trust accounting.
Learning outcomes
To successfully complete this unit you will be able to demonstrate you have achieved the learning outcomes (LO) detailed in the below table.
Each outcome is informed by a number of graduate capabilities (GC) to ensure your work in this, and every unit, is part of a larger goal of graduating from ACU with the attributes of insight, empathy, imagination and impact.
Explore the graduate capabilities.
Describe and critically evaluate the professional ...
Learning Outcome 01
Correctly determine how a legal practitioner shoul...
Learning Outcome 02
Content
Topics will include:
1. The concept of professional responsibility.
2. The ethical and regulatory framework governing lawyers’ professional conduct.
3. The duties of a legal practitioner to clients, the law, the courts and to fellow practitioners.
4. The structure and regulation of the legal profession.
5. Admission to legal practice, professional misconduct and disciplinary proceeding.
This content reflects the academic areas of knowledge required for accreditation, Schedule 1, Legal Profession Admission Rules 2015 (Vic and NSW).
Professional and personal conduct in respect of a practitioner’s duty:
(a) to the law,
(b) to the Courts,
(c) to clients, including a basic knowledge of the principles relating to the holding of money on trust, and
(d) to fellow practitioners,
or topics of such breadth and depth as to satisfy the following guidelines:
The topics should include knowledge of the various pertinent rules concerning a practitioner’s duty to the law, the Courts, clients and fellow practitioners, and a basic knowledge of the principles relating to the holding of money on trust.
Assessment strategy and rationale
The assessment strategy is designed to assess knowledge, skills and understanding in a specialist area of law required for accreditation.
The assessment tasks for this unit are designed to demonstrate achievement of each of the learning outcomes listed and, because of accreditation requirements and the rise of undetectable generative artificial intelligence, all assessments are Lane 1 type assessments that are invigilated.
Overview of assessments
Assessment 1: Tutorial participation This summati...
Assessment 1: Tutorial participation
This summative and formative assessment requires students to consider real life issues arising in the practice of law and how legal ethics and professional responsibility deal with and manage those issues. Each student will have numerous opportunities to evidence their achievement of the ILOs by contributing to the answers to questions posed in weekly tutorials. This assessment will also allow students to work with each other in the class and to develop advocacy skills through participation in individual, small and large group problem solving exercises and discussions. A criteria referenced assessment marking rubric will be used to assess students.
20%
Assessment 2: Problem solving and research assignm...
Assessment 2: Problem solving and research assignment
This summative and formative assessment Task comprises a fact scenario and/or direct question/s. Students must consider a fact scenario and provide a written answer to the given question/s for that scenario using deductive reasoning and relevant authority (statute and common law). A criteria referenced assessment marking rubric will be used to assess students.
40%
Assessment 3: Mock Disciplinary Tribunal Hearing T...
Assessment 3: Mock Disciplinary Tribunal Hearing
The purpose of this final summative and authentic assessment task is to test the student’s knowledge and ability to apply legislation and the common law to a “real-world” fact scenarios in a mock contested hearing before a Disciplinary Tribunal.
The content of the Mock Disciplinary Tribunal Hearing will be based on the material presented in lectures, workshops and tutorials. A criteria referenced assessment marking rubric will be used to assess students.
40%
Learning and teaching strategy and rationale
Mode: Lectures, tutorials (learning activities), student consultation, research tasks and presentations.
Duration: 4 hours per week over 12 weeks or equivalent. Students are expected to spend 150 hours in total for this unit.
This level four specified “Priestley” unit allows students to demonstrate knowledge, skills and understanding in a specialist area of law to meet the requirements of accreditation.
Our strategy is to encourage students to creatively engage with unit content and to apply fundamental legal knowledge, skills and understandings to address legal problems.
The unit is designed to be delivered in-person throughout a standard semester of 12 weeks . We have taken a blended learning approach to provide accessibility and flexibility to our students and a student focused approach that increases depth of learning and engagement through actively utilising Canvas.
Representative texts and references
Required Text
- Kim Bailey, Practical Legal Ethics (Thomson Reuters Lawbook Co, 2022)
- Legal Profession Uniform Law Application Act 2014 (Vic)*†
- Legal Profession Uniform Admission Rules 2015 (Vic)* †
- Legal Profession Uniform Conduct (Barristers) Rules 2015 (Vic)* †
- Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015 (Vic)* †
- Legal Profession Uniform Continuing Professional Development (Solicitors) Rules 2015 (Vic)* †
- A case and legislation list will be provided in addition to the textbook readings.
* These can be accessed online through the various data bases available through the ACU library.
† NSW uses the same Uniform Law as Victoria. and Queensland will use the equivalent state-based legislation in their iterations of the unit.
Recommended References
- G E Dal Pont, Lawyers’ Professional Responsibility (Thomson, 8th ed, 2025)