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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.The New Zealand Council of Legal Education requires all applicants for admission to the Legal Profession to pass a course covering:• an introduction to ethical analysis including an examination of various theories of ethics• the applicability of ethical analysis to legal practice• the concept of a profession and the ethical professional duties of practitioners (which includes, among other topics, conflicts of interest, confidentiality, duties to the Court, duties of loyalty and fidelity)• the wider responsibilities of lawyers in the community.To meet this requirement, LAWS398 introduces students to ethical theories and their applicability to legal practice, the concept of a profession, the professional and ethical responsibilities of lawyers, and problems involved in the practice of law. The course includes a philosophical analysis of the roles and functions of lawyers, the place of the Law Society and the appropriateness of self-regulation of the profession. It also addresses the ethical and legal duties owed by lawyers to their clients, such as the duties of loyalty, confidence, competence and disclosure, and the duties of an advocate to the court and his or her client.The Legal Ethics course is intended to enable students to:• identify and critique different approaches to the nature of the legal profession, and the relationship between lawyers and society, including consideration of law as a profession and a business• introduce analytical approaches towards the practice of law and the relationship between lawyers, clients and ethics• understand the ethical principles and rules of professional conduct which apply to the legal profession, including duties to the client and to the administration of justice, and duties in legal practice• understand the role of the New Zealand Law Society, its role as a professional organisation, professional standards, and the discipline of practitioners
Students successfully completing this course should:1. Be able to recognise and critically discuss the dominant philosophical approaches to ethics and the relationship between ethics and legal practice.2. Have an understanding of the legal profession in its historical and societal contexts and issues surrounding the regulation of the profession.3. 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.4. Have examined and understood the concept of fidelity in the lawyer-client relationship.5. Have developed skills in recognising and distinguishing types of professional and personal conduct and questions of moral professional and legal obligation.6. Have developed skills in applying the law of contract and torts in relation to lawyer-client duties, breaches and remedies.7. Have enhanced skills in critical analysis and presentation of argument.
(i) LAWS101; and (ii) LAWS110
LAWS370 (prior to 2006), LAWS399 (prior to 2006)
LAWS202-LAWS206
Simon Dorset
Ms Kathryn Dalziel (Taylor Shaw, Lawyers) and Carolyn Mason
This course may be assessed by way of an essay and a final exam.The assessment will be confirmed in the first week of lectures.
Webb, et al; Ethics, Professional Responsibility and the Lawyer ; 3rd ed; LexisNexis, 2016 (This edition will not be in the Book shop until March 2016).
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Domestic fee $759.00
International fee $3,450.00
* 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 .