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An introduction to ethical theories and their applicability to legal practice. The concept of a profession and the duties and responsibilities of lawyers.
Please note: This course is mandatory for students seeking admission to the Legal Profession.An introduction to the academic study of the professional and ethical responsibilities of lawyers, and problems involved in the practice of law. The course will include a philosophical analysis of the roles and functions of lawyers, the place of the law society and appropriateness of self regulation of the profession. The course will also address the ethical and legal duties owed by lawyers to their clients such as the duties of loyalty, confidence, competence and disclosure. The duties of an advocate to the court and his or her client will also be addressed.
Students successfully completing this subject should1. have an understanding of the legal profession in its historical and societal contexts and issues surrounding the regulation of the profession;2. be able to analyse critically the role of the lawyer in the New Zealand legal system with reference to questions such as the independence of courts and lawyers, the adversarial nature of the system, dispute resolution, the cost of justice and different modes of legal service delivery; 3. have examined and understood the concept of fidelity in the lawyer-client relationship; 4. have developed skills in recognising and distinguishing types of professional and personal conduct and questions of moral professional and legal obligation; 5. have developed skills in applying the law of contract and torts in relation to lawyer-client duties, breaches and remedies; and 6. have enhanced skills in critical analysis and presentation of argument.
LAWS101
LAWS370 (prior to 2006), LAWS399 (prior to 2006)
LAWS202-LAWS206
Study Groups - alternate weeks after lectures (start date to be advised).
Duncan Webb
Course assessment consists of two compulsory components: a research essay and a final examination
Webb, Duncan; Ethics, professional responsibility and the lawyer ; 2nd ed; LexisNexis NZ, 2006 (There will probably be a number of first editions about which, if they are all that is available to you will still be useful, however, there are significant refinements and additions in the second edition).
Core Readings:A list of core readings will be handed out in class. These readings form an integral part of the course. The readings are all to be found in the library and many are also to be found electronically. Students should ensure that these materials are obtained and read. No course reader will be used for this course.Rules of Professional Conduct:Students should also ensure that they have access to and are familiar with the Rules of Professional Conduct for Barristers and Solicitors. Copies of these rules can be found on the internet: http://www.nz-lawsoc.org.nz/PDFs/ROPC.pdf and in the library. The internet version is the most up to date and accordingly recommended.
Library portal
Domestic fee $394.00
International fee $1,797.00
* All fees are inclusive of NZ GST or any equivalent overseas tax, and do not include any programme level discount or additional course-related expenses.
For further information see Faculty of Law .