Law School Outline Accounting for Lawyers

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					                                                                                       COURSE OUTLINE




Academic Organisation:                  Griffith Law School
Faculty:                                Griffith Law School
Credit point value:                     10
Student Contribution Band:              Band 3
Course level:                           Undergraduate
Campus/Location/Learning Mode:          Nathan / On Campus / In Person
                                        Gold Coast / On Campus / In Person
Convenor/s:                             Ms Zoe Rathus (Nathan)
                                        Ms Patricia Mundy (Gold Coast)
Enrolment Restrictions:                 Restricted: Approval from Head of School
This document was last updated:         18 March 2010


BRIEF COURSE DESCRIPTION

Legal Professional Practice is a 10-credit point compulsory course intended for students in their final year
of study. It describes and evaluates key aspects of lawyers' professional responsibility rules and their
application, and also investigates complementary issues affecting legal practice.
Incompatible: LAW5001 Issues in Legal Practice


Corequisites: 4021LAW Civil Procedure AND 4031LAW Criminal Procedure & Sentencing
Corequisite: 4021LAW Civil Procedure AND 4031LAW Criminal Procedure and Sentencing
SECTION A – TEACHING, LEARNING AND ASSESSMENT


COURSE AIMS

Course Aims
Legal Professional Practice is a 10-credit point compulsory course intended for students in their final year
of study. It describes and evaluates key aspects of lawyers’ professional responsibilities and explores the
notion of “ethical legal practice”. It also examines collateral features of the legal practice environment.


A principal focus of this course is on key aspects of Australian lawyers’ professional responsibilities and
some of the typical situations in which they apply. This part of the course is also designed (1) to encourage
some critical evaluation of the content of professional responsibility and (2) to develop an appreciation of
the extent to which ethical decision-making in legal practice involves more than a technical knowledge of
the formal duties of lawyering. An understanding of professional responsibility and the capacity to make
professional, ethical decisions will be assessed to the extent that this is possible in the final examination.


Another part of the course considers solicitors’ professional responsibilities in relation to client monies and
trust accounting. An understanding of this material will be separately assessed in an assignment.


The remainder of the course complements the focus on professional and ethical responsibility. It includes,
first, selected sociological insights and understandings about lawyers’ work and lawyer-client relationships
and, second, the current regulatory arrangements that affect lawyers. These parts of the course may also
be assessed in the examination.




LEARNING OUTCOMES

By the end of this course, students will:
    1. have met the requirements of the Uniform Admission Rules concerning professional responsibility
       and trust accounting;
    2. have developed an understanding of the nature of and standard justifications for the lawyer’s role
       in contemporary society;
    3. be able to identify and explain the main formal obligations that comprise lawyers’ professional
       responsibility;
    4. have developed an appreciation of the typical circumstances in which these standards need to be
       applied in legal practice contexts;
    5. have encountered some opportunities to develop their own abilities to exercise ethical judgment in
       matters that raise ethical questions;
    6. have developed an understanding of lawyers’ obligations in the handling of trust monies;
    7. have developed some understandings about lawyers’ work from a sociological perspective,
       including specific issues relating to gender and indigeneity in Australian legal practice;
    8. be able to describe and evaluate lawyers’ regulatory structures in Queensland, including
       disciplinary arrangements;
    9. be familiar with key provisions of the Legal Profession Act 2007, as identified during the course;
    10. be familiar with the functions and responsibilities of the Queensland Law Society, Queensland Bar
        Association, Law Council of Australia and the Legal Services Commission.


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CONTENT, ORGANISATION AND TEACHING STRATEGIES

Contact Summary
   •    There will be one, two-hour large group meeting in each week of the semester.


   •    There will also be four, one-hour small groups during the semester. These will be conducted in
        weeks 3, 6, 9 and 12. Students will enrol for small groups through ‘Enable’. The aim of small
        groups is to provide an opportunity to engage more actively in discussions around key questions
        raised in the large groups. Materials for small groups will be supplied separately during the
        semester.


   •    Students should access the “Learning at Griffith” site for this course on a regular basis (at least
        weekly) throughout the semester.



CONTENT SUMMARY

Note: The ‘Relevant Readings’ listed below are not all to be regarded as ‘prescribed readings’
within the meaning of the Law School’s policy. Students will be advised as to whether the readings
are either prescribed or recommended.


  Topic      Lecture Content                   Tutorial Content            Relevant Readings
       1.    Introduction to the theory of                                 Paper by Michael Robertson
             the lawyer’s representation                                   Roles, rules and moral
             role and the concept of legal                                 resources in Australian Legal
             professional responsibility                                   Practice, August 2007
                                                                           (available on
                                                                           Learning@griffith)
                                                                           Course Materials: General
                                                                           Resources
                                                                           Text: Dal Pont, Chapter 1
       2.    Introduction to the theory of                                 Paper by Michael Robertson
             the lawyer’s representation                                   Roles, rules and moral
             role and the concept of legal                                 resources in Australian Legal
             professional responsibility                                   Practice, August 2007
             (continued)                                                   (available on
                                                                           Learning@griffith)
                                                                           Course Materials: General
                                                                           Resources
                                                                           Text: Dal Pont, Chapter 1
       3.    Trust Accounting                  Lawyer’s role and           Course Materials: Trust
             responsibilities                  ethical responsibilities.   Accounting
                                                                           Text: Dal Pont, Chapter 9
       4.    Trust Accounting                                              Course Materials: Trust
             responsibilities (continued)                                  Accounting
                                                                           Text: Dal Pont, Chapter 9
             Regulation of the Profession                                  Course Materials: The
                                                                           Regulation of Lawyers


                                                                                                           2
 Topic           Lecture Content                     Tutorial Content            Relevant Readings
       5.        Disciplinary Regime                                             Course Materials: The
                                                                                 Regulation of Lawyers
                                                                                 Text: Dal Pont, Chapter 23,
                                                                                 24 and 25


                                               Mid Semester Vacation
       6.        Admission to Practice               Trust Accounting            Text: Dal Pont, Chapter 2
                 Lawyer-client                                                   Text: Dal Pont, Chapter 3
                 relationship/Retainers
       7.        Duties to the administration of                                 Text: Dal Pont, Chapters
                 Justice                                                         17,18 and 19
       8.        Confidentiality and Privilege                                   Text: Dal Pont, Chapters 10,
                                                                                 11 and 12
                                                                                 Privilege in Perspective:
                                                                                 Client Legal Privilege in
                                                                                 Federal Investigations,
                                                                                 ALRC 107, 2007 – Chapters
                                                                                 2 & 3 (available on
                                                                                 Learning@griffith)
       9.        Conflict of Interest duties         Lawyer’s role and           Text: Dal Pont, Chapters 6, 7
                                                     ethical responsibilities    and 8

       10.       Other duties and professional                                   Text: Dal Pont, Chapters 4
                 responsibilities                                                (pp79-81), 14, 15, 20, 21, 22


       11.       Sociologies of practice –                                       Course Materials: Sociology
                 changing demography                                             of Practice
                                                     Lawyer’s role and
       12.       Access to Justice                                               Course Materials: Access to
                                                     ethical responsibilities
                                                                                 Justice
                                                                                 Text: Dal Pont, Chapter 4
                                                                                 (pp 81-87)

                                                                                 Refer to Learning@Griffith
                                                                                 for links to additional
                                                                                 material
       13.       Review


ASSESSMENT



Item        Assessment Task          Format         Weighting     Total         Relevant       Due Day and
                                                                  Marks         Learning       Time
                                                                                Outcomes

 1.         Assignment               See            30%           100           Mainly 6       Monday of
                                     instructions                                              week 9, 4pm
                                     on
                                     assignment
 2.         Final Examination        To be          70%           100           All except 6   Examination
                                     advised                                                   week

                                                                                                                 3
Assessment Details


Assignment
One assignment will be completed during the semester (due in week eight). This is designed to assess
students’ understandings of trust accounting responsibilities. Detailed instructions for this assessment item
will be made available in week one.


Final Examination
Students will complete a final examination worth 70% of the marks in the course. Full details of the
examination requirements will be given during the semester.



Return of Assessment Items
Refer to Section B for more information.


Notification of Availability of Feedback on Assessment
Written feedback will be available to students within 4 weeks of submission of assessment items.


GRADUATE SKILLS

The Griffith Graduate Statement states the characteristics that the University seeks to engender in its
graduates through its degree programs.


                                                                                               Assessed
                                                                                   Practised



      Graduate Skills
                                                                          Taught




      Effective communication (written)
      Effective communication (oral)
      Effective communication (interpersonal)
      Information literacy
      Problem solving
      Critical evaluation
      Work autonomously
      Work in teams
      Creativity and innovation
      Ethical behaviour in social / professional / work environments
      Responsible, effective citizenship




                                                                                                           4
TEACHING TEAM



Course Convenors


  Convenor Details              Nathan

  Campus Convenor               Ms Zoe Rathus
  Email                         Z.Rathus@griffith.edu.au
  Office Location               Room 1.11 Law Building, Nathan
  Phone                         3735 6472
  Fax                           3735 5599
  Consultation times            To be advised on the course website on Learning@griffith


  Convenor Details              Gold Coast

  Campus Convenor               Ms Trish Mundy
  Email                         T.Mundy@griffith.edu.au
  Office Location               G36 Room 3.73
  Phone                         555 27075
  Fax                           555 28667
  Consultation times            To be advised on the course website on Learning@griffith


COURSE COMMUNICATIONS

Administration
For enrolments, class and final examination timetables, contact the Student Administration Centres or
consult the University website. For specialist help contact Anne Mackay, the Law School Administration
Officer, 3735 5229, a.mackay@griffith.edu.au
   •    For the substance of the subject, contact your convenor or small group teacher. Students must
        regularly check the course site on Blackboard for announcements and requirements.
   •    All inquiries and requests of a general nature about the course should be made to one of the
        Course Convenors.

Noticeboard
For courses that are on-line: you are expected to keep up to date with the course through regular use of
Blackboard.




TEXTS AND SUPPORTING MATERIALS


The prescribed textbook for this course is G E Dal Pont, Lawyers’ Professional Responsibility, Fourth
Edition, (2010) Lawbook Co, available from the campus bookshops.


A dossier of specially prepared course materials should also be purchased from one of the bookshops.

                                                                                                       5
SECTION B – ADDITIONAL COURSE INFORMATION



Academic Misconduct


Academic misconduct is treated very seriously by Griffith Law School. Our policies are stringent as we are
a professional faculty bound by professional requirements. Academic misconduct includes inappropriate
collaboration, cheating and plagiarism. All Law students are expected to be familiar with Griffith Law
School’s Assessment Policy.

If the course convenor identifies a possible breach of academic integrity by a student, the course convenor
will notify the University’s Academic Integrity Manager, who keeps a central record of all cases of
academic misconduct. Depending on the seriousness of the breach, the AIM will refer the possible breach
to the course convenor or to the Chair of the Law Assessment Board for further action or decision. Serious
penalties may be imposed for breaches, including a fail for the course or exclusion from the program (see
Law School Assessment Policy, paragraph 4.3).


Plagiarism
Plagiarism is defined in the Griffith Law School’s Assessment Policy as ‘the knowing presentation of the
work or property of another person as if it were the student’s own’. (paragraph 4.1.5)
Examples of plagiarism listed in paragraph 4.1.5.4 include –
    •   word for word copying without both appropriate use of quotation marks indicating direct copying as
        such and the inclusion of a reference identifying the source of the material; or
    •   closely paraphrasing material without acknowledging the source; or
    •   submitting work which has been produced by someone else.


Inappropriate Collaboration
The circumstances in which collaboration with another student will be regarded as academic misconduct
are outlined in paragraph 4.1.5.1 of the Law School Assessment Policy, which states that:-
        Assessment may take the form of individual or group work. Some items of assessment include
        both components. Unless the instructions for the item of assessment indicate to the contrary, an
        item of assessment is individual work. For the purposes of this policy, the designation of an item of
        assessment as group or individual work influences the extent to which students may permissibly
        collaborate with other students.
In respect of any item of assessment, a student may:
                discuss with other persons the issues raised by the item of assessment;
                discuss with other persons possible means by which to address issues raised by the item
                of assessment
                collaborate in the location of, and share, sources of information relevant to the item of
                assessment; and.
                ask for assistance from a member of the teaching team for the course in question.


When an item of assessment is individual work, a student must not:
                collaborate with other students, or other persons, in planning the format or structure of the
                student’s submission for that item of assessment;
                collaborate with other students, or other persons, in the writing of all or a part of the
                student’s submission for that item of assessment;
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                collaborate with other students, or other persons, in the writing of all or a part of any other
                student’s submission for that item of assessment;
                provide a copy of his or her work in respect of that item of assessment to another student,
                irrespective of whether that work is complete or has not been finalised;
                accept a copy of the work of another student in respect of that item of assessment,
                irrespective of whether or not that work is complete or has not been finalised, and
                irrespective of whether or not the student changed his or her own work after having
                accepted the work of the other;
                accept a copy of the work of a student who has undertaken a substantially similar item of
                assessment at an earlier time at this or another University, irrespective of whether or not
                the student changed his or her own work after having accepted the work of the other;
                offer to give comments of any sort on the draft or final work of another student at any time
                prior to submission by the other student;
                ask for comments of any sort on the student’s draft or final work at any time prior to
                submission by the student.


Students who are uncertain about how to use source materials or about referencing requirements are
encouraged to seek clarification from any member of the teaching team.
If you are found to have committed any form of Academic Misconduct this may affect your ability to
practise as a lawyer. The Legal Practitioners Admission Board's attitude is as follows:
      "Due to the large number of recent applicants disclosing incidents of academic dishonesty
      such as cheating, plagiarism, etc, during their applications for admission, the Board has
      resolved that, while it may not oppose the applicant's admission, it will require full disclosure
      of such incidents to the Court."
(Letter from the Solicitors' Board [now the Legal Practitioners Admission Board] to the Dean of Law, 24
July 2003, on file with Course Convenor).This is NOT an undertaking by the Board not to oppose the
admission of an applicant who has committed Academic Misconduct.

Extensions and Late Submission of Assessment Items


Requests for extensions for assessment items must be directed to the Course Convenor. The Griffith Law
School Assessment Policy sets out the process which must be followed if you need to apply for an
extension.
Students who submit assessment items late without prior approval for an extension will be penalised under
Section 7 of the Griffith Law School Assessment Policy. The Griffith Law School Assessment Policy can
be found at http://www.gu.edu.au/school/law/ then click on “Resources”, then click on “Policies”.

Submission and Return of Assessment Items


Assignments are to be lodged with OC&AHS (Off-Campus and Assignment Handling Services, formerly
GFLS) by the due date and time at one of the following offices:
Gold Coast – At the Assignment Handling counter, next to the Information Desk on the ground floor of the
Library (G10) available while the library is open. During semester, this is:
8am-10pm Monday-Thursday,
8am-6pm Friday and
10am-5pm Saturday and Sunday.
Logan - opposite the Library entrance during hours of 9am – 5pm and next to Student Administration for
24-hour access.
Mt Gravatt- At the Student Administration Centre, with 24 hour access.
Nathan- Lending Services Counter, Nathan Library, Willet Centre (N53) during library hours only. After
hours submission box located outside Off Campus & Assignments Handling Services (N53, 0.02) –
opposite the Enternet café.

                                                                                                              7
OC&AHS staff are available at all of the above offices between 9am-5pm and are able to supply receipts to
students for their assignments.
Once the assignment has been time and date stamped, it will be delivered back to the Griffith Law School
for collection by the Course Convenor.
After the assignment has been marked, it will be returned to students at the next available class. For
assessment due at the end of teaching, assignments will be posted out to the students.



Non-attendance of Compulsory Classes (Small Groups and Offices)


If you are unable to attend a class with a compulsory attendance requirement for medical reasons, you are
required to complete a copy of the pro forma at the back of this course outline, together with a copy of a
medical certificate in the format prescribed by the University.
Students at the Nathan campus are required to take the completed form and medical certificate to Ms
Wendy Lawton for scrutiny and recording. Students at the Gold Coast campus are required to take the
completed form and medical certificate to Ms Catherine Turner for scrutiny and recording. Please note the
following:
Medical certificates not in the prescribed University form will not be accepted. The certificate can be found
at http://www.gu.edu.au/ua/aa/sta/forms.html.
To be eligible to excuse non-attendance at small groups or offices, the Medical Practitioner must complete
Section B of the certificate and indicate that the student’s medical condition would affect either Lectures or
Practical Sessions in a manner either moderate or severe.
Students must complete a separate copy of this form for any other courses offered by the Griffith Law
School in which they have missed compulsory classes.
The submission of this form does not have any effect in relation to extensions for assignments or other
assessment items. See above for the procedure for extensions.




                                                                                                            8
          GRIFFITH LAW SCHOOL – ABSENCE FROM SMALL GROUP/OFFICE


PRINT YOUR RESPONSES CLEARLY AND RETURN TO ADMINISTRATION STAFF -
NATHAN (Wendy Lawton) - GOLD COAST (Catherine Turner)

Student Name:
Student Number:
Course:
Date medical condition began:


Date medical condition ended:
Did you miss one or more Small Groups in this course? [Tick]                     Yes      No
If yes, state the week numbers you missed:


Did you miss one or more Offices in this course? [Tick]                          Yes      No
If yes, state the week numbers you missed:


Reason for absence:




I certify that I have attached a medical certificate in the form required, that I did suffer from the medical
condition described in the medical certificate, and that it did prevent me from attending classes. I certify
that I will provide all necessary assistance to Griffith University and its officers for the corroboration of the
medical condition referred to.
Student Signature:


Notes:
Medical certificates not in the prescribed University form will not be accepted.
To be eligible to excuse non-attendance at small groups or offices, the Medical Practitioner must complete
Section B of the certificate and indicate that the student’s medical condition would affect either Lectures or
Practical Sessions in a manner either moderate or severe.
Students must complete one copy of this form for each course offered by the Griffith Law School in which
they have missed classes in which attendance is required within three working days of the end of the
medical condition certified.


STAPLE TO THIS FORM A GRIFFITH UNIVERSITY STUDENT MEDICAL CERTIFICATE (AVAILABLE
AT http://www.griffith.edu.au/ua/aa/sta/forms/) COMPLETED BY YOUR MEDICAL PRACTITIONER.




SECTION C – KEY UNIVERSITY INFORMATION

ACADEMIC MISCONDUCT



                                                                                                               9
Students must conduct their studies at the University honestly, ethically and in accordance with accepted
standards of academic conduct. Any form of academic conduct that is contrary to these standards is
academic misconduct and is unacceptable.

Some students engage deliberately in academic misconduct, with intent to deceive. This conscious, pre-
mediated form of cheating is one of the worst forms of fraudulent academic behaviour, for which the
University has zero tolerance and for which penalties, including exclusion from the University, will be
applied.

However the University recognises many students commit academic misconduct without intent to deceive.
These students may be required to undertake additional educational activities to remediate their behaviour.
Specifically it is academic misconduct for a student to:
   • Cheat in examinations and tests by communicating, or attempting to communicate, with a fellow
        individual who is neither an invigilator or member of staff; by copying, or attempting to copy from a
        fellow candidate; attempting to introduce or consult during the examination, any unauthorised
        printed or written material, or electronic calculating or information storage device; or mobile
        phones or other communication device, or impersonates another.

    •    Fabricate results by claiming to have carried out tests, experiments or observations that have not
         taken place or by presenting results not supported by the evidence with the object of obtaining an
         unfair advantage.

    •    Misrepresent themselves by presenting an untrue statement or not disclosing where there is a
         duty to disclose in order to create a false appearance or identity.

    •    Plagiarise by representing the work of another as their own original work, without appropriate
         acknowledgement of the author or the source. This category of cheating includes the following:
    1.   collusion, where a piece of work prepared by a group is represented as if it were the student's
         own;
    1.   acquiring or commissioning a piece of work, which is not his/her own and representing it as if it
         were, by
                  purchasing a paper from a commercial service, including internet sites, whether pre-written
                  or specially prepared for the student concerned
                  submitting a paper written by another person, either by a fellow student or a person who is
                  not a member of the University;
    2.   duplication of the same or almost identical work for more than one assessment item;
    3.   copying ideas, concepts, research data, images, sounds or text;
    4.   paraphrasing a paper from a source text, whether in manuscript, printed or electronic form, without
         appropriate acknowledgement;
    5.   cutting or pasting statements from multiple sources or piecing together work of others and
         representing them as original work;
    6.   submitting, as one own work, all or part of another student's work, even with the student's
         knowledge or consent.

    A student who willingly assists another student to plagiarise (for example by willingly giving them their
    own work to copy from) is also breaching academic integrity, and may be subject to disciplinary action.

Visit the following web sites for further details:
Institutional Framework for Promoting Academic Integrity among Students
Academic integrity for students

PLAGIARISM DETECTION SOFTWARE
The University uses plagiarism detection software. Students should be aware that your Course Convenor
may use this software to check submitted assignments. If this is the case your Course Convenor will
provide more detailed information about how the detection software will be used for individual assessment
items.

HEALTH AND SAFETY
Griffith University is committed to providing a safe work and study environment, however all students, staff
and visitors have an obligation to ensure the safety of themselves and those whose safety may be affected
by their actions. Staff in control of learning activities will ensure as far as reasonably practical, that those
                                                                                                             10
activities are safe and that all safety obligations are being met. Students are required to comply with all
safety instructions and are requested to report safety concerns to the University.

General health and safety information can be obtained from
http://www.griffith.edu.au/hrm/health_and_safety/

Information about Laboratory safety can be obtained from
http://www.griffith.edu.au/ots/secure/health/content_labsafety.html

KEY STUDENT-RELATED POLICIES

All University policy documents are accessible to students via the University’s Policy Library website at:
www.griffith.edu.au/policylibrary. Links to key policy documents are included below for easy reference:
      Academic Calendar
      Academic Standing, Progression and Exclusion Policy
      Assessment Policy
      Examinations Timetabling Policy and Procedures
      Guideline on Student E-Mail
      Health and Safety Policy
      Institutional Framework for Promoting Academic Integrity Among Students
      Policy on Student Grievances and Appeals
      Student Administration Policy
      Student Charter

UNIVERSITY SUPPORT RESOURCES

The University provides many facilities and support services to assist students in their studies. Links to
information about University support resources available to students are included below for easy
reference:
Learning Centres - the University provides access to common use computing facilities for educational
purposes. For details visit https://intranet.secure.griffith.edu.au/computing/student-computing/finding-
available-computers
Learning@Griffith - there is a dedicated website for this course via the Learning@Griffith student portal.
Student Services facilitate student access to and success at their academic studies. Student Services
includes: Careers and Employment Service; Chaplaincy; Counselling Service; Health Service; Student
Equity Services (incorporating the Disabilities Service); and the Welfare Office.
Learning Services within the Division of Information Services provides learning support in three skill areas:
computing skills; library skills; and academic skills. The study skills resources on the website include self-
help tasks focusing on critical thinking, exam skills, note taking, preparing presentations, referencing,
writing, proof reading, and time management.




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Description: Law School Outline Accounting for Lawyers document sample