LAW 458 : Legal Ethics

Law

2023 Semester Two (1235) (10 POINTS)

Course Prescription

A study of legal ethics and professional responsibility including: an introduction to ethical analysis which examines various theories of ethics; the applicability of ethical analysis to legal practice; the concept of a profession and the ethical and professional duties of practitioners (which will include, amongst other topics, conflicts of interest, confidentiality, duties to the court, duties of loyalty and fidelity); the wider responsibilities of lawyers in the community.

Course Overview

Take this course as an elective after completing all of the core courses in Part II (and preferably also, all of Part III). 

If you want to apply for admission as a barrister and solicitor of the High Court of New Zealand after you graduate you MUST complete this course AND  you MUST sit the exam in order to be eligible to pass this course. 

Admission to the bar is required if you want to work in a law firm, organisation, or chamber of barristers and provide legal advice to clients. While you may currently be undecided on your career path, the advantage of completing this course is that you will have the ability to apply to become a practicing lawyer at any stage in your career.

A course on legal ethics is offered at all New Zealand law schools. The course framework has been developed by the New Zealand Council of Legal Education which is an independent statutory body comprised of judges, senior lawyers, junior lawyers, students and the Deans of all New Zealand Law Schools. The framework is as follows:

  1. An introduction to ethical analysis including an examination of various theories of ethics.
  2. The applicability of ethical analysis to legal practice.
  3. The principles of ethical conduct and the role and responsibilities of lawyers.
  4. The wider responsibilities of lawyers in the community.
Within this framework a range of interesting questions will be addressed, including:

  • What is the ethical threshold that law graduates need to meet in order to enter the legal profession?
  • What is appropriate ethical behaviour by lawyers towards their clients, opposing parties, other lawyers and judges?
  • What is appropriate ethical behaviour in different contexts including the office, in court and outside work hours?
  • What is the disciplinary process for lawyers who breach their ethical obligations?
  • Do lawyers have wider ethical obligations to the New Zealand public to facilitate access to justice? 
  • What are the fundamental ethical issues facing the legal profession that have arisen in recent years and how are these being addressed?
The lecturer for this course is a practicing lawyer who was admitted to the bar in 2012. She will draw on practical examples from her own career and invite guest speakers to share their insights. 

Course Requirements

No pre-requisites or restrictions

Capabilities Developed in this Course

Capability 2: Critical Thinking
Capability 4: Communication and Engagement
Capability 5: Independence and Integrity
Capability 6: Social and Environmental Responsibilities
Graduate Profile: Bachelor of Laws

Learning Outcomes

By the end of this course, students will be able to:
  1. Demonstrate an understanding of of legal ethical theory (Capability 2.2)
  2. Explain, evaluate and apply the Lawyers and Conveyancers Act 2006 and related case law (Capability 2.1, 2.3 and 5.1)
  3. Explain, evaluate and apply the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 and related case law (Capability 2.1, 2.3 and 5.1)
  4. Identify and analyse ethical issues facing the legal profession and opportunities for innovation (Capability 4.1 and 4.2)
  5. Identify and analyse the wider responsibilities of lawyers in the community (Capability 4.1 and 4.2)
  6. Demonstrate an understanding of the development of tikanga Māori in legal practice (Capability 6.1)

Assessments

Assessment Type Percentage Classification
Assignments 50% Individual Coursework
Final Exam 50% Individual Examination
Assessment Type Learning Outcome Addressed
1 2 3 4 5 6
Assignments
Final Exam

Workload Expectations

  • This is a 10-point course.
  • There are 12 weekly lectures that are two hours long. 
  • As a general guide, you should expect to work three hours outside of the classroom for each hour spent in class. 
  • The guideline for the total workload for this course is 100 hours.

Delivery Mode

Campus Experience

This course is offered on campus only in semester 2:
  • Lectures will be conducted live in-person and will include interaction between the lecturer and students, as well as small group discussions between students. In-person attendance at all lectures is necessary in order to fully understand and engage with the course content.
  • Lectures will be recorded but the recordings will only be provided to students who have successfully applied to the lecturer for access on equity grounds. Further information on the application process is on Canvas.
  • Course work assessments will be conducted either in person or online.
  • You must be available to attend the final examination, which will be on campus and invigilated.

Learning Resources

Course materials are made available in a learning and collaboration tool called Canvas which also includes reading lists and lecture recordings (where available).

Please remember that the recording of any class on a personal device requires the permission of the instructor.

You will be provided with a range of material as part of this course which will be posted to Canvas. This will include legislation, rules, regulations, public reports, academic articles, media articles, website pages, and videos.

There are no prescribed textbooks for this course but if you would like to supplement your learning, the most up to date textbook is: Matthew S Palmer (ed) Professional Responsibility in New Zealand (LexisNexis, Wellington, 2020). Please note that a revised edition will be published in 2023 (date TBC).

Student Feedback

At the end of every semester students will be invited to give feedback on the course and teaching through a tool called SET or Qualtrics. The lecturers and course co-ordinators will consider all feedback and respond with summaries and actions.

Your feedback helps teachers to improve the course and its delivery for future students.

Class Representatives in each class can take feedback to the department and faculty staff-student consultative committees.

Students have suggested in their feedback that only those who have done both Parts II and III should attempt this course noting that the course content is more tailored to students who are close to completing their degree and are about to enter the legal profession. 

Other Information

IMPORTANT NOTE : This course will be offered for the last time in 2023 (semesters 1 and 2 ) .
From 2024, LAW 458 will no longer be offered. It will be replaced by a 15-point version, under a new course code, LAW 398. 

Academic Integrity

The University of Auckland will not tolerate cheating, or assisting others to cheat, and views cheating in coursework as a serious academic offence. The work that a student submits for grading must be the student's own work, reflecting their learning. Where work from other sources is used, it must be properly acknowledged and referenced. This requirement also applies to sources on the internet. A student's assessed work may be reviewed against online source material using computerised detection mechanisms.

While undertaking this course you must comply with the Student Academic Conduct Statute 2020. Any dishonest behaviour, especially concerning assessments, will be taken very seriously. If you are found to have breached your obligations, the Law School must notify the New Zealand Law Society should you seek admission to the legal profession. The Law Society takes all notifications into account and you may be prevented from entering the legal profession.

Class Representatives

Class representatives are students tasked with representing student issues to departments, faculties, and the wider university. If you have a complaint about this course, please contact your class rep who will know how to raise it in the right channels. See your departmental noticeboard for contact details for your class reps.

Inclusive Learning

All students are asked to discuss any impairment related requirements privately, face to face and/or in written form with the course director, lecturer or tutor.

Student Disability Services also provides support for students with a wide range of impairments, both visible and invisible, to succeed and excel at the University. For more information and contact details, please visit the Student Disability Services’ website http://disability.auckland.ac.nz

Special Circumstances

If your ability to complete assessed coursework is affected by illness or other personal circumstances outside of your control, contact a Student Academic and Support Adviser as soon as possible before the assessment is due.

If your personal circumstances significantly affect your performance, or preparation, for an exam or eligible written test, refer to the University’s aegrotat or compassionate consideration page https://www.auckland.ac.nz/en/students/academic-information/exams-and-final-results/during-exams/aegrotat-and-compassionate-consideration.html.

This should be done as soon as possible and no later than seven days after the affected test or exam date.

Please note that you MUST sit the exam to complete the course.

Learning Continuity

In the event of an unexpected disruption, we undertake to maintain the continuity and standard of teaching and learning in all your courses throughout the year. If there are unexpected disruptions the University has contingency plans to ensure that access to your course continues and course assessment continues to meet the principles of the University’s assessment policy. Some adjustments may need to be made in emergencies. You will be kept fully informed by your course co-ordinator/director, and if disruption occurs you should refer to the university website for information about how to proceed.

Student Charter and Responsibilities

The Student Charter assumes and acknowledges that students are active participants in the learning process and that they have responsibilities to the institution and the international community of scholars. The University expects that students will act at all times in a way that demonstrates respect for the rights of other students and staff so that the learning environment is both safe and productive. For further information visit Student Charter https://www.auckland.ac.nz/en/students/forms-policies-and-guidelines/student-policies-and-guidelines/student-charter.html.

Disclaimer

Elements of this outline may be subject to change. The latest information about the course will be available for enrolled students in Canvas.

In this course students may be asked to submit coursework assessments digitally. The University reserves the right to conduct scheduled tests and examinations for this course online or through the use of computers or other electronic devices. Where tests or examinations are conducted online remote invigilation arrangements may be used. In exceptional circumstances changes to elements of this course may be necessary at short notice. Students enrolled in this course will be informed of any such changes and the reasons for them, as soon as possible, through Canvas.

Published on 10/07/2023 09:45 a.m.