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Overview

Course Prescription

A study of legal ethics and professional responsibility including: an introduction to ethical analysis which examines various theories of ethics; the applicability of ethical analysis to legal practice; the concept of a profession and the ethical and professional duties of practitioners (which will include, amongst other topics, conflicts of interest, confidentiality, duties to the court, duties of loyalty and fidelity); the wider responsibilities of lawyers in the community.

Course Overview

To best prepare for this course, you should already have completed all of Part III because concepts from the Law of Equity are included.

You must take this course if you intend to be admitted to practice law in New Zealand.

If you are not sure what you will go on to do after graduating you should take this course to keep all options open to you.

You must sit the final exam to be eligible to pass this course.

The NZ Council of Legal Education has set the following requirements for you to study on this course:

  1. An introduction to ethical analysis including an examination of various theories of ethics.
  2. The applicability of ethical analysis to legal practice
  3. The principles of ethical conduct and the role and responsibilities of lawyers
  4. The wider responsibilities of lawyers in the community

The course prescription above sets the framework for your learning and this course ids designed around it. It gives rise to interesting questions about working in professional legal practice including:

  • What is the ethical threshold that law graduates must meet in order to enter the legal profession?
  • What is appropriate ethical behaviour by lawyers towards others including their clients, opposing parties, other lawyers and judges?
  • The significance of the law contract, consumer law, equity, and torts in relation to lawyer-client duties, breaches, and remedies.
  • What is appropriate ethical behaviour in different contexts including the office, in Court and outside work hours?
  • What is the disciplinary process for lawyers who breach their ethical obligations?
  • What wider ethical obligations do lawyers have to the New Zealand public to facilitate access to justice?
  • What are significant ethical issues facing the legal profession that have arisen in recent years and how are these being addressed?

Workload Expectations

This is a 10 point course.

There are 12, weekly lectures that are two hours long.

As a general guide, you should expect to work three hours outside of the classroom for each hour spent in class.

The guidelines for the total workload for this course is 100 hours.

Course Prerequisites, Corequisites and Restrictions

Prerequisite

Locations and Semesters Offered

LocationSemester
City
City

Teaching and Learning

Campus Experience

This course is offered on campus.

Classes will be conducted live in-person and/or recorded videos which will be available on Panopto.

Any discussion-based parts of the classes will not be clearly recorded.

The details of coursework assessment is set out on Canvas. We reserve the right to hold assessment in person and/or online.

You must attend the final examination in person as this will be on campus and invigilated.

Learning Resources

Taught courses use a learning and collaboration tool called Canvas to provide students with learning materials including reading lists and lecture recordings (where available). Please remember that the recording of any class on a personal device requires the permission of the instructor.

Additional Information on Learning Resources

Please bookmark:

  • The Lawyer and Conveyancers Act 2006
  • Lawyers and Conveyancers Act (Lawyers:Conduct and Client Care) Rule 2008

The leading New Zealand texts/commentaries are:

  • Richard Scragg The Ethical Lawyer: Legal Ethics and Professional Responsibility (Thomson Reuters, Wellington, 2018)
  • Matthew S Palmer (ed) Professional Responsibility in New Zealand (LexisNexis, Wellington, 2020)

Australian texts:

  • Gino Dal Pont Lawyers' Professional responsibility (8th ed, Thomson Reuters, Australia)
  • Christine Parker and Adrian Evans inside Lawyers' Ethics (3rd ed, Cambridge University Press, 2018)

Other Sources:

  • 2023 Report and Recommendations on regulating the Legal Profession: https://legalframeworkreview.org.nz/wp-content/uploads/2023/04/Regulating-lawyers-final-report.pdf
  • The website of the New Zealand Law Society (https://www.lawsociety.org.nz) contains valuable information on a number of topics including regulatory requirements, complaints and discipline information, practice resources (e.g. on professional development, the business of law, wellbeing, culture change) and Law Society services (law reform, mediation, Women in Law, Young Lawyers). It is worth spending some time exploring the website.
  • LawTalk, the NZLS magazine, available online at: https://www.lawsociety.org.nz/lawtalk contains interesting articles about current professional issues and summaries of disciplinary decisions.
  • Students and members of the public can sign up to NZLS's weekly email publication, NZLS Weekly, which contains similarly useful but more regular information here: https://www.lawsociety.org.nz/news-and-communications/email-updates
  • On culture change in the legal profession, see here:
  • From NZLS: https://www.lawsociety.org.nz/practice-resources/bullying-and-harassment-in-the-legal-profession
  • Culture Change report: https://www.lawfoundation.org.nz/?p=11012

Copyright

The content and delivery of content in this course are protected by copyright. Material belonging to others may have been used in this course and copied by and solely for the educational purposes of the University under license.


You may copy the course content for the purposes of private study or research, but you may not upload onto any third-party site, make a further copy or sell, alter or further reproduce or distribute any part of the course content to another person.

Learning Continuity

In the event of an unexpected disruption, we undertake to maintain the continuity and standard of teaching and learning in all your courses throughout the year. If there are unexpected disruptions the University has contingency plans to ensure that access to your course continues and course assessment continues to meet the principles of the University’s assessment policy. Some adjustments may need to be made in emergencies. You will be kept fully informed by your course co-ordinator/director, and if disruption occurs you should refer to the university website for information about how to proceed.

Academic Integrity

The University of Auckland will not tolerate cheating, or assisting others to cheat, and views cheating in coursework as a serious academic offence. The work that a student submits for grading must be the student's own work, reflecting their learning. Where work from other sources is used, it must be properly acknowledged and referenced. This requirement also applies to sources on the internet. A student's assessed work may be reviewed for potential plagiarism or other forms of academic misconduct, using computerised detection mechanisms.

Similarly, research students must meet the University’s expectations of good research practice. This requires:

  • Honesty - in all aspects of research work
  • Accountability - in the conduct of research
  • Professional courtesy and fairness – in working with others
  • Good stewardship – on behalf of others
  • Transparency – of research process and presentation of results
  • Clarity - communication to be understandable, explainable and accessible

For more information on the University’s expectations of academic integrity, please see the Academic Conduct section of the University policy hub.

Disclaimer

Elements of this outline may be subject to change. The latest information about taught courses is made available to enrolled students in Canvas.

Students may be asked to submit assessments digitally. The University reserves the right to conduct scheduled tests and examinations online or through the use of computers or other electronic devices. Where tests or examinations are conducted online remote invigilation arrangements may be used. In exceptional circumstances changes to elements of this course may be necessary at short notice. Students enrolled in this course will be informed of any such changes and the reasons for them, as soon as possible, through Canvas.


Assessment and Learning Outcomes

Course Learning Outcomes

CLO #OutcomeProgramme Capability Link
1
2
3
4
5

Assessments

Assessment TypeAssessment PercentageAssessment Classification

Assessment to CLO Mapping

Assessment Type12345

Student Feedback, Support and Charter

Student Feedback

Feedback on taught courses is gathered from students at the end of each semester through a tool called SET or Qualtrics. The lecturers and course co-ordinators will consider all feedback and respond with summaries and actions. Your feedback helps teachers to improve the course and its delivery for future students. In addition, class Representatives in each class can take feedback to the department and faculty staff-student consultative committees.

Additional Information on Student Feedback

Students have suggested in their feedback that only those who have done both Parts II and III should take this course because the relevance is more tailored to students who are familiar with principles of contract, tort and equity and who are close to completing their degree and are about to enter the legal profession.

Class representatives

Class representatives are students tasked with representing student issues to departments, faculties, and the wider university. If you have a complaint about this course, please contact your class rep who will know how to raise it in the right channels. See your departmental noticeboard for contact details for your class reps.

Tuākana

Tuākana is a multi-faceted programme for Māori and Pacific students providing topic specific tutorials, one-on-one sessions, test and exam preparation and more. Explore your options at Tuakana Learning Communities.

Inclusive Learning

All students are asked to discuss any impairment related requirements privately, face to face and/or in written form with the course coordinator, lecturer or tutor.

Student Disability Services also provides support for students with a wide range of impairments, both visible and invisible, to succeed and excel at the University. For more information and contact details, please visit the Student Disability Services’ website.

Additional Information on Inclusive Learning

The Student Charter and the Student Academic Conduct Statute 2020 apply. Any disrespectful and any dishonest behaviour, especially concerning assessments, will be taken very seriously.

If you are found to have breached your obligations, the Law School must notify the New Zealand Law Society. This may prevent you from entering the legal profession.

Wellbeing

We all go through tough times during the semester, or see our friends struggling. There is lots of help out there - please see the Support Services page for information on support services in the University and the wider community.

Special Circumstances

If your ability to complete assessed work is affected by illness or other personal circumstances outside of your control, contact a member of teaching staff as soon as possible before the assessment is due. If your personal circumstances significantly affect your performance, or preparation, for an exam or eligible written test, refer to the University’s aegrotat or compassionate consideration page. This should be done as soon as possible and no later than seven days after the affected test or exam date.

Additonal Information on Special Circumstances

Please note that you must sit the exam to complete the course.

Student Charter and Responsibilities

The Student Charter assumes and acknowledges that students are active participants in the learning process and that they have responsibilities to the institution and the international community of scholars. The University expects that students will act at all times in a way that demonstrates respect for the rights of other students and staff so that the learning environment is both safe and productive. For further information visit Student Charter.

Student Academic Complaints and Disputes

Students with concerns about teaching including how a course is delivered, the resources provided, or supervision arrangements, have the right to express their concerns and seek resolution. The university encourages informal resolution where possible, as this is quicker and less stressful. For information on the informal and formal complaints processes, please refer to the Student Academic Complaints Statute in the Student Policies and Guidelines section of the Policy Hub.