Practical Legal Ethics Second Edition - eBook

The Second Edition of Practical Legal Ethics is an accessible and clear resource for legal practitioners and law students. This book considers the rules of professional responsibility and ethical conduct that are required of legal practitioners in Australia.

This book provides an accessible explanation of those topics required of Ethics and Professional Responsibility subjects in undergraduate law degrees including:

• an overview of the regulatory framework under the Uniform Law;

• admission to practice;

• duties to the client;

• conflicts of interest;

• confidentiality and privilege;

• basic trust accounting concepts;

• cost disclosure requirements;

• duties to the court;

• duties to other practitioners and third parties;

• an overview of the complaints and disciplinary process under the Uniform Law; and

• a lawyer’s role in access to justice.

Focusing predominantly on the Legal Profession Uniform Law regime, that now applies to a majority of Australian lawyers, this book relates statutory rules and legal principles to professional practice. Current case examples are used to illustrate and expound the relevant ethical responsibilities. The chapters are supported with revision questions, answers, tutorial discussion questions and mind maps.

Practical Legal Ethics addresses the basics of compliance but also explores contexts in which the ASCR is silent, inviting the reader to consider issues that often arise in legal practice.

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Chapter 1. The regulatory framework

Chapter 2. Admission to legal practice

Chapter 3. The nature of the retainer

Chapter 4. The duty of loyalty and to avoid conflict

Chapter 5. The duty of confidentiality and privilege

Chapter 6. The duty to account 1.: costs and the retainer

Chapter 7. The duty to account 2: holding the money on trust

Chapter 8. The duty to the court 1

Chapter 9. The duty to the court 2

Chapter 10. Fidelity to the law and the administration of justice

Chapter 11. Duty to other lawyers and third parties

Chapter 12. Complaints and discipline

Chapter 13. Access to justice