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  • Tricky questions
    2023/10/05

    Don't let them spook you! Take a breath and ask yourself: What's this really about? Use IRAC.

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    8 分
  • Duties to other lawyers (focus on undertakings)
    2023/10/05

    00:00 - Introduction

    01:14 - Don't forget - other lawyers includes lawyers you work with

    02:01 - Think about the reasons - profession!

    03:02 - What is an undertaking?

    03:33 - Breaching an undertaking is prima facie misconduct

    03:47 - Don't give an undertaking unless you know you can keep them

    03:58 - Undertaking given by a partner binds the whole firm

    04:06 - Key issue: Who gives the undertaking?

    04:24 - Think about the circumstances where issue arises

    05:37 - ASCR Rule 6

    06:29 - Coll v Floreat/Dal Pont Ch22

    07:06 - Bryson J Russo v Dupree

    07:41 - Always think about why!

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    8 分
  • Identifying, accepting and rejecting clients
    2023/10/05

    Note, in this episode I refer to the cab rank rule and said it was rule 19 - it's actually rule 17! See http://classic.austlii.edu.au/au/legis/nsw/consol_reg/lpucr2015509/s17.html


    00:00 - Introduction

    00:26 - Why do we need to identify the client?

    03:43 - When do we refuse instructions?

    04:45 - Some questions you might think about

    05:53 - Has another lawyer acted previously?

    06:49 - Can you meet the client's expectations?

    07:25 - Employment lawyers - examples

    08:07 - Working for the 'bad guys'

    09:23 - Cab rank rule (note - I refer to the cab rank rule as rule 19, it's actually rule 17!)

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    11 分
  • Duty of competence - focus on supervised practice conditions
    2023/10/05

    00:00 - Introduction

    00:39 - ASRC Rule 4

    01:28 - What is competence?

    02:12 - What is 'diligence'?

    02:39 - Efficient, timely etc.

    03:46 - How do you become 'competent'?

    04:28 - Supervised Legal Practice condition

    04:49 - All legal work must be supervised

    05:01 - Using supervision as a case study

    06:17 - ASRC Rule 37

    08:48 - Supervision must relate to legal work

    09:14 - D’Alessando and D’Angelo v Bouloudas (1994) 10 WAR 191 at 211-213 - referred to here where you'll find some more resources that might help you have a better understanding.

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    12 分
  • Loyalty, conflicts and information barriers
    2023/10/05

    00:00 - Introduction

    00:35 - Go back to Week 7

    00:50 - Don't forget about the retainer

    01:37 - Duty of Loyalty

    02:52 - Relevant rules - ASCR 10, 11 & 12

    04:02 - Concurrent and successive conflicts

    04:49 - Spincode - key case

    05:43 - Information barriers

    06:43 - Prince Jefri Bolkiah - key case

    07:07 - Is the barrier effective?

    09:52 - Technology and business model changes

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    10 分
  • Confidentiality & legal/client professional privilege
    9 分
  • Some important foundations - food for thought
    9 分
  • Week 12 - time to reflect and revise
    2023/10/05

    And our final week of recordings begins - and our focus in this recording is exam preparation and each of the following are revision highlights.

    In this recording Cath reflects on the importance of ethics and professional conduct in the legal profession. She acknowledges that these topics may not initially seem exciting, but they are crucial to being not just competent lawyers but also good lawyers!

    Throughout the course, we have explored various topics, including the rapid technological advancements in the practice of law. Despite these changes, the core tasks of lawyers have remained the same throughout history - it's just how we do them that has changed.

    In terms of exam preparation, it is important to focus on the Course Learning Outcomes (CLOs) to understand what will be assessed.

    Cath walks through the content available that will help you to practice short answer questions, analyze past exam questions, and utilize the provided resources to prepare effectively. Time management, judicious use of content, and understanding what is being assessed will be key to your success.

    As you're participating using audio only, you might want to have canvas open when listening as Cath walks you though what's available for revision on the platform.


    By reflecting on ethics, professional conduct, and the impact of technology on the law, you will be well-prepared to tackle the exam and excel in this subject.


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    38 分