Outline

Overview

The Legal Profession Unit of Study is a mandatory ‘Priestley 11' subject. We critically examine issues relevant to lawyers' role in society: professionalism, lawyers' conduct, lawyers' ethical obligations and choices, and the regulation of legal services. We examine the nature of legal professionalism and its inherent relationship with ethics, values and morals, as well as its relationship with commerce. We explore the shifting profile of the profession, the response of the profession to these demographic changes, and the major cultural and economic forces that operate on legal professionalism and regulation of the profession. From that base we analyse access to justice issues, different notions of lawyering, the structure of the legal profession, and diverse theoretical views and models of regulation. We move on to consider the lawyer-client relationship and strategies to facilitate equality and effective communication in the delivery of legal services. Finally, we examine lawyers' duties to clients and the Court, and the ways in which the rules and principles of confidentiality and conflicts of interest affect the advice and representation lawyers provide for clients. This unit of study requires your active participation in class discussion, and your critical reflection on the issues raised throughout the semester.

Unit details and rules

Unit code	LAWS5009
Academic unit	Law
Credit points	6
Prohibitions ?	LAWS2013
Prerequisites ?	None
Corequisites ?	None
Assumed knowledge ?	None
Available to study abroad and exchange students	Yes

Teaching staff

Coordinator	Irene Baghoomians, irene.baghoomians@sydney.edu.au
Lecturer(s)	Carmel Lee, carmel.lee@sydney.edu.au
	Louisa Di Bartolomeo, louisa.dibartolomeo@sydney.edu.au
	Mahmud Hawila, mahmud.hawila@sydney.edu.au

Type	Description	Weight	Due	Length
Participation	Structured Class Participation On call class participation	20%	Ongoing	10-15 minutes
Outcomes assessed:
Assignment	Post-Seminar reflection Post-seminar reflection	20%	Ongoing	10 min audio / visual recording
Outcomes assessed:
Assignment	Final short-release assignment Assignment	60%	Week 13 Due date: 26 May 2023 at 10:00 Closing date: 05 Jun 2023	Maximum 3,500 words/5 working days
Outcomes assessed:

Assessment summary

Structured Class Participation (20%)

Students will be allocated to a group or seminar/topic and will not be reallocated except in the most exceptional circumstances and only with the approval of the unit of study coordinator. The unit of study coordinator will determine whether exceptional circumstances exist warranting reallocation. A student who believes they have such exceptional circumstances must make application via email (to the course coordinator) for reallocation to another topic prior to the end of Week 1 of the semester (i.e. by COB 24 February 2023) or as soon as possible following such exceptional circumstances eventuating. Students must clearly outline in their email to the course coordinator the exceptional circumstances that require a reallocation. Class participation will begin in Week 3, Class A.

A successful Special Consideration application will be an alternative assessment to be determined by the course coordinator, and may include a viva voce and/or other specified assessment task.

This piece of assessment is designed to enhance knowledge of the roles that lawyers play in enabling access to justice, and of the professional and ethical obligations of lawyers in legal practice and the delivery of legal services, and to engage students in critical analysis and reflective practice as well as gaining further experience in speaking in class.

Post-seminar reflection (20%)

At the commencement of the semester each student will be allocated to a seminar by the unit of study coordinator, for which they will be required to submit a post-seminar reflection responding to at least one of the seminar reflection questions and relevant class discussion. To complete this assessment task students will be required to submit an audio/visual recording of no more than 10 minutes duration. This recording must be submitted within a week of the allocated seminar. Students will not be permitted to submit a post-seminar reflection in the same seminar in which they were allocated for class participation. The closing date for the reflection piece will be two weeks after the date of the allocated seminar for the reflection. Beyond the closing date an alternative seminar for reflection may be allocated by the course coordinator (if practicable) or alternatively an alternative assessment will be granted (and may include a viva voce and/or other specified task).

This piece of assessment is designed to encourage students to reflect on the role of lawyers, the nature of their work, the professional and ethical obligations of lawyers in legal practice and the delivery of legal services, and engage students in critical thinking and reflective practice.

Final short-release assignment (60%)

The final short-release assignment will be released at 10am on Friday 19 May 2023 (Sydney, Australia time) and will be due at 10 am on Friday 26 May 2023 (Sydney, Australia time) via the assignment dropbox on Canvas.

The word limit for the final assignment is 3,500 words.

The final assignment will include a problem-based question and an essay question.

The assignment is designed to ensure students can talk knowledgeably and critically about the role lawyers play in facilitating access to justice, to understand and explain the source, nature and meaning of lawyers professional and ethical obligations, and know how to identify and address professional and ethical issues in legal practice and legal services delivery. It will also require students to be able to describe the processes for holding lawyers accountable for their actions, and to explain and critically evaluate the impact of change on lawyering.

A successful Special Consideration application after the closing date (as specified in the assessment table), may be an alternative assessment piece in a similar format or a viva voce addressing similar issues.

The use of assistance in preparing and editing assessment tasks in this unit of study is strictly prohibited. Assistance includes human and automated writing tools (not including spell checking).

Word limit: The total word-count for written work excludes the title page, citations in footnotes and any bibliography, but includes everything else, such as headings, sub-headings, quotations and, even if it does not seem substantive, anything other than citations in footnotes. Failure to comply with the word-limit is penalised at a rate of 5% of the total mark for the assignment for every 100 words in excess of the limit.

IMPORTANT NOTE: A student must make a genuine attempt at all assessment tasks set out in this Unit of Study outline in order to obtain a Pass mark and grade (or above); otherwise an Absent Fail grade will be recorded as the student’s result for this Unit of Study.

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2014 (Schedule 1).

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name	Mark range	Description
High distinction	85 - 100	• Completely answers the question. • Contains striking originality of approach or analysis. • Demonstrates exhaustive or innovative research (where independent research required). • Exceptionally well written, structured and expressed. • Is otherwise exceptional in some way.
Distinction	75 - 84	• Completely answers the question. • Achieves a critical and evaluative approach to the issues. • Content and structure is well organised in support of the argument. • Demonstrates extensive research and analysis to support a well-documented argument. • Generally well expressed and free from errors. • Has a clear structure and is well articulated.
Credit	65 - 74	• Covers main issues fairly well in answering the question. • Contains no significant errors • Demonstrates an attempted critical approach to the issues. • Demonstrates reasonably sound research and analysis in addressing the key issues. • Has a clear structure and reasonably clear expression.
Pass	50 - 64	• Identifies the key issues, but does not follow through with a reasoned argument. • Contains some significant errors. • Displays satisfactory engagement with the key issues. • Offers descriptive summary of material relevant to the question. • Superficial use of material, and may display a tendency to paraphrase. • Demonstrates little evidence of in-depth research or analysis. • Adequate expression. • Overall, demonstrates the minimum level of competence in the assessment and satisfies the requirements to proceed to higher-level studies in the degree or subject area.
Fail	0 - 49	• Does not answer the question. • Contains significant or numerous errors. • Few or no identifiable arguments. • Content that is inappropriate or irrelevant. • Lack of research or analysis. • Difficult or impossible to understand through poor grammar, expression or structure. • Overall, does not demonstrate the minimum level of competence in the assessment.

For more information see sydney.edu.au/students/guide-to-grades

For more information see guide to grades.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

Deduction of 5% of the maximum mark for each calendar day after the due date.
After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

A student who has not obtained an extension by applying successfully for Special Consideration or a Simple Extension will be penalised for late submission of submitted work at a rate of 10% of the total mark for the assignment per day or part-day (including weekends and public holidays). For example, a submission after 10 am but before the same time the following day will attract a 10% penalty. Penalties for late submission will be strictly applied with no grace period. Please note that Canvas allows students to submit work after the deadline, but all submissions after the due date and time will be recorded as late. The date and time of submission as recorded by Canvas will be taken as the official and final record of a student's submission. The final submitted work via Canvas is the piece of work that will be marked. Students should ensure that they upload the correct version of their submitted work to the correct box for the correct subject. Corrupt and incorrect files submitted through Canvas will not be accepted. Canvas allows students to check their submission.

Academic integrity

The Current Student website provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

You may only use artificial intelligence and writing assistance tools in assessment tasks if you are permitted to by your unit coordinator, and if you do use them, you must also acknowledge this in your work, either in a footnote or an acknowledgement section.

Studiosity is permitted for postgraduate units unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission.

Learning support

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

Weekly schedule

WK	Topic	Learning activity
Week 01	Introduction to the Unit of Study and Critical Thinking	Seminar (2 hr)
Week 01	Legal Culture and Approaches to Legal Ethics and Professional Responsibility	Seminar (2 hr)
Week 02	Law Practice Management, Managing Legal Work & Mental Health	Seminar (2 hr)
Week 02	Diversity and the Role of Lawyers	Seminar (2 hr)
Week 03	Legal Needs, Access to Justice and Delivery of Legal Services	Seminar (2 hr)
Week 03	The Regulatory Framework in Australia	Seminar (2 hr)
Week 04	Legal Education - Pre and Post Admission to the Profession 1	Seminar (2 hr)
Week 04	Legal Education - Pre and Post Admission to the Profession 2	Seminar (2 hr)
Week 05	Communication and Interviewing	Seminar (2 hr)
Week 05	The Professional Conduct Rules and Fundamental Duties of Lawyers – Duties to the Court and the Administration of Justice	Seminar (2 hr)
Week 06	The Professional Conduct Rules and Fundamental Duties of Lawyers – Duties of Representation and the Lawyer-Client Relationship	Seminar (2 hr)
Week 06	Confidentiality and Client Legal Privilege	Seminar (2 hr)
Week 07	Conflicts of Interest	Seminar (2 hr)
Week 07	Duties in Specific Areas of Practice 1	Seminar (2 hr)
Week 10	Duties in Specific Areas of Practice 2	Seminar (2 hr)
Week 10	Competence, Liability and Immunity	Seminar (2 hr)
Week 11	Complaints and Discipline 1	Seminar (2 hr)
Week 11	Complaints and Discipline 2	Seminar (2 hr)
Week 12	Technology and the Future of Legal Services, Lawyering and the Legal Profession	Seminar (2 hr)
Week 12	Conclusion and Overview	Seminar (2 hr)

Attendance and class requirements

Attendance: All students are required to attend 70% of classes (or as otherwise specified by the Unit Coordinator) to satisfy the pass requirements for each unit of study. Failure to meet this requirement may result in a student being precluded from sitting the final assessment.

Referencing: When citing material in written work, students should rely consistently on an accepted method, such as that specified in the Australian Guide to Legal Citation ( 4th edition, 2018). For legal referencing help, use this link to the library website: https://libguides.library.usyd.edu.au/c.php?g=508115&p=3476146 .

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

There is both a textbook in this unit of study as well as other prescribed readings.

The textbook is: Vivien Holmes and Francesca Bartlett, Parker and Evans’s Inside Lawyers’ Ethics’ (Cambridge University Press, 4th ed, 2023).

The prescribed readings are/will be available online either via the Web or library databases or the “Reading List” page on Canvas.

A detailed reading guide is/will be available on Canvas.

Students are expected to access and read the prescribed readings prior to attending each class and come prepared to engage in class discussion and class activities.

Learning outcomes

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

Outcomes
Graduate qualities

At the completion of this unit, you should be able to:

LO1. talk knowledgeably about the roles that lawyers play in enabling access to justice
LO2. know and explain the source, nature and meaning of lawyers' essential professional obligations
LO3. identify and address professional and ethical issues in legal practice and in the delivery of legal services
LO4. describe the standards and processes for holding lawyers accountable for their professional behaviour
LO5. explain and evaluate the impact of technology and other societal changes on lawyering, the legal profession and the legal services marketplace
LO6. engage in critical analysis of legal, policy and law reform materials
LO7. engage in reflective practice.

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1	Depth of disciplinary expertise Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.
GQ2	Critical thinking and problem solving Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.
GQ3	Oral and written communication Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.
GQ4	Information and digital literacy Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.
GQ5	Inventiveness Generating novel ideas and solutions.
GQ6	Cultural competence Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.
GQ7	Interdisciplinary effectiveness Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.
GQ8	Integrated professional, ethical, and personal identity An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.
GQ9	Influence Engaging others in a process, idea or vision.

Outcome map

Learning outcomes	Graduate qualities
Learning outcomes

Responding to student feedback

This section outlines changes made to this unit following staff and student reviews.

The teachers welcome constructive student feedback on this unit of study.

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

To help you understand common terms that we use at the University, we offer an online glossary.

Current students

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect

Current students

LAWS5009: The Legal Profession

Semester 1, 2023 [Normal day] - Camperdown/Darlington, Sydney

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect