Legal Ethics and Professional Responsibility
Duties and Standards
Understand the paramount duty to the court and the administration of justice, the duty to act competently and diligently, and the duty to follow lawful client instructions. Study the retainer, conflicts of interest (including former-client conflicts), confidentiality, and client legal privilege. Know the rules on communication, fees and costs disclosure, and the obligation to avoid misleading the court.
Conduct and Discipline
Study the regulatory framework (legal profession legislation and the uniform law), the meaning of professional misconduct and unsatisfactory professional conduct, and the disciplinary process. Understand trust account obligations, the prohibition on charging excessive fees, and the duty to report serious misconduct.
Traps and Rule of Thumb
Questions often test whether a lawyer may act despite a conflict, or whether a duty to the court overrides a client's instruction. Watch for the difference between confidentiality and privilege, and between an error of judgment and negligence. Rule of thumb: when duties conflict, the duty to the court prevails.
Worked example: A client instructs a lawyer to run a case the lawyer believes is dishonest. The lawyer must not mislead the court and may need to withdraw if the client insists on pursuing a dishonest case. Analyse the conflict between instructions and the paramount duty.