LAW 458 : Legal Ethics

Law

2025 Semester Two (1255) (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


To best prepare for this course, you should already have completed all of Part III because concepts from the Law of Equity are included

You must take this course if you intend to be admitted to practice law in New Zealand. 
If you are not sure what you will go on to do after graduating you should take this course to keep all options open to you.

You must sit the final exam to be eligible to pass this course. 

The NZ Council of Legal Education has set the following requirements for you to study on this course:
  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.
The course prescription above sets the framework for your learning and this course is designed around it. It gives rise to interesting questions about working in professional legal practice including:
  • What is the ethical threshold that law graduates must meet in order to enter the legal profession?
  • What is appropriate ethical behaviour by lawyers towards others including their clients, opposing parties, other lawyers and judges?
  • The significance of the law of contract, consumer law, equity, and torts in relation to lawyer-client duties, breaches, and remedies;
  • 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?
  • What wider ethical obligations do lawyers have to the New Zealand public to facilitate access to justice? 
  • What are significant ethical issues facing the legal profession that have arisen in recent years and how are these being addressed?

Course Requirements

Prerequisite: LAW 201, 211, 231, 241, 298

Capabilities Developed in this Course

Capability 1: People and Place
Capability 2: Sustainability
Capability 3: Knowledge and Practice
Capability 4: Critical Thinking
Capability 5: Solution Seeking
Capability 6: Communication
Capability 8: Ethics and Professionalism
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 1.2, 4.1, 5.1, 6.1 and 8.1)
  2. Explain, evaluate and apply the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 and related case law (Capability 3.1, 3.2, 4.1, 4.2 and 8.1)
  3. Identify and analyse ethical issues facing the legal profession and opportunities for innovation (Capability 1.1, 1.2, 2.1, 4.2, 5.1 and 6.1)
  4. Identify and analyse the wider responsibilities of lawyers in the community (Capability 1.2, 2.1, 4.2 and 5.1)
  5. Demonstrate an understanding of the development of tikanga Māori in legal practice (Capability 1.1, 1.2 and 2.1)

Assessments

Assessment Type Percentage Classification
Coursework 50% Individual Coursework
Final Exam 50% Individual Examination
Assessment Type Learning Outcome Addressed
1 2 3 4 5
Coursework
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 :
  • Classes will be conducted live in-person and/or by recorded videos which will be available on Panopto.
  • Any discussion-based parts of the classes will not be clearly recorded.
  • The details of coursework assessment is set out on Canvas. we reserve the right to hold assessment in person and/or online.
  • You must attend the final examination in person as this 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.

Please bookmark:
1. The Lawyers and Conveyancers Act 2006
2. Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008

The leading New Zealand texts/commentaries are:
 Richard Scragg The Ethical Lawyer: Legal Ethics and Professional Responsibility (Thomson Reuters, Wellington, 2018)
 Matthew S Palmer (ed) Professional Responsibility in New Zealand (LexisNexis, Wellington, 2020)

Australian texts:
 Gino Dal Pont Lawyers’ Professional Responsibility (8th ed, Thomson Reuters, Australia)
 Christine Parker & Adrian Evans Inside Lawyers’ Ethics (3rd ed, Cambridge University Press, 2018)

Other Sources: 
2023 Report and Recommendations on Regulating the Legal Profession
https://legalframeworkreview.org.nz/wp-content/uploads/2023/04/Regulating-lawyers-final-report.pdf

The website of the New Zealand Law Society (https://www.lawsociety.org.nz) contains valuable information on a number of topics including regulatory requirements, complaints and discipline information, practice resources (e.g., on professional development, the business of law, wellbeing, culture change) and Law Society services (law reform, mediation, Women in Law, Young Lawyers). It is worth spending some time exploring the website.

LawTalk, the NZLS magazine, available online at: https://www.lawsociety.org.nz/lawtalk contains interesting articles about current professional issues and summaries of disciplinary decisions.

Students and members of the public can sign up to NZLS’s weekly email publication, NZLS Weekly, which contains similarly useful but more regular information here: https://www.lawsociety.org.nz/news-and-communications/email-updates

On culture change in the legal profession, see here:
 From NZLS: https://www.lawsociety.org.nz/practice-resources/bullying-and-harassment-in-the-legal-profession
 Culture Change Report: https://www.lawfoundation.org.nz/?p=11012 

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 take this course because its relevance is more tailored to students who are familiar with principles of contract, tort and equity and who are close to completing their degree and are about to enter the legal profession. 

Academic Integrity

The University of Auckland will not tolerate cheating, or assisting others to cheat, and views cheating in coursework, tests and examinations 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. A student's assessed work may be reviewed against electronic source material using computerised detection mechanisms. Upon reasonable request, students may be required to provide an electronic version of their work for computerised review.

The Student Charter and the Student Academic Conduct Statute 2020 apply. Any disrespectful and 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. This may prevent you 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 your assessment is fair, and not compromised. Some adjustments may need to be made in emergencies. You will be kept fully informed by your course co-ordinator, 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 you may be asked to submit your 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. The final decision on the completion mode for a test or examination, and remote invigilation arrangements where applicable, will be advised to students at least 10 days prior to the scheduled date of the assessment, or in the case of an examination when the examination timetable is published.

Published on 30/06/2025 07:56 p.m.