1
Ethics and Professional Responsibility
Exam Notes
Subject Learning Outcomes
1. Explain the nature of the legal profession and the relationship between lawyers and
clients
2. Recognise the influence of lawyers in society and he role of lawyers in promoting and
contributing to access to justice
3. Discuss and apply the legislation, regulations and rules of conduct governing the legal
profession
4. Identify, reflect upon and demonstrate a developing ability to respond to ethical issues
facing the legal profession
,2
Ethics and Professional Responsibility
Exam Notes
Lawyers and Lawyering Week 1
The Law
Trying to uniform legal profession across Australia, Victoria was the first to enact the Legal
Profession Uniform Law, where it is then to be adopted by jurisdictions currently only in
NSW.
A Lawyer
Under the Legal Profession Uniform Law s 6(1) (Definitions)
Australian Lawyer –
An Australian lawyer is a person admitted to the Australian legal profession in any Australian
jurisdiction.
Australian Legal Practitioner –
An Australian Legal Practitioner is an Australian Lawyer who holds a current Australian
practicing certificate.
In the profession –
2435 practicing Barristers
o 75.65% in NSW are male, 24.35% are female
o 390 are Senior Council or Queens Council (16%)
o 87.18% are male (340 male, 50 female)
36400 solicitors hold a NSW practicing certificate
o 52.9% are female and 47.1% are male
NSW Bar Association website (18 July 2021) and Law Society of NSW, Practicing Solicitors Statistics
(December 31 2020)
Legal Culture and Professional Identity
A bigger picture in what it means to be a part of the legal profession
Collegiality – companionship and cooperation between colleagues who share responsibility
Dichotomy – a division or contrast between two things
,3
Ethics and Professional Responsibility
Exam Notes
Text Book
Quote - Reference
‘The lawyer’s role is to represent a client and persuade a court (Sanson p13 ; The
to a view on the basis of the evidence presented before it. It is Justice Game, Vintage,
not to fin ‘truth’ or ‘justice’. 1998)
‘[T]he use of legal jargon obscures the truth and confuses the (Sanson p13)
layperson. It creates an image of superiority and trickery, with
lawyer’s economic self-interest at heart’
‘Lawyers are often viewed as overcharging and exercising (Sanson p13)
complete control over the client’s case, rendering the client
dependent and powerless’
‘Legal practice is the integration of many key variables, some (Sanson p19)
‘legal’, some ‘non-legal’.
‘[T]he legal practitioner performs both a professional and a (Sanson p20)
social role in the community’.
‘The history of the High Court in Australia abounds with (Sanson p21)
decisions which have affected the course of our society, both
conservatively and progressively…’
‘The challenges facing law academics are… whether to present (Sanson p23)
the law as it is or to raise issues of how law affects society… to
promote a spirit of enquiry in which the law student develops
values that determine the manner in which the student
ultimately practices law… the influence of the legal academic
can help to determine the professionalism and ethical values
that characterise the legal profession
Culture ‘is generally perceived as a set of practices, values and (Sanson p49)
beliefs which establish the patterns of behaviour of a group of
people’.
‘the legal system and lawyers are not simply neutral and (Sanson p50)
objective social institutions but represent and mirror a cultural
viewpoint dominated by a limited social and ethnic elite’.
‘By 1995 the [ABS] calculated that approximately 62% of legal (Sanson p51 ; ABS
work in Australia was conducted on behalf of the business Legal and Accounting
community, 80% of it by the 20 “top tier” firms in Australia Services 1995-6)
who were able to practice on a national and international
scale’.
‘New South Wales [legislated women practicing law] in (Sanson p59)
, 4
Ethics and Professional Responsibility
Exam Notes
1918… [however] winning the right to study law and practice
law did not lead to greater numbers of female law graduates
until the 1960’s and 1970’s… a reflection of the ‘second wave’
of feminism’.
‘There has been a steady increase in the number of women (Sanson p59 ; Kate
studying law… only 11.4% of law students in 1960… to make Galloway)
up more than 60% of female law graduates in 2013’.
‘the legal profession is fragmented and divided, not only in (Sanson p61)
terms of gender but also in terms of type of practice, type of
work, levels of remuneration and status’.
‘women as latecomers to the legal profession bring a new (Sanson p61)
perspective, forcing the profession to address issues such as
the balance between work and family; working; commitment to
employers; lifestyle issues “that provide all lawyers with the
opportunity to challenge the workaholic model” that has been
the pattern of male lawyers’.
‘women now have greater access into the legal profession (Sanson p61)
because of the changing nature of society, but it is equally
valid to argue that society has changed because of the gender
revolution of the middle-to-late 20th century’.
‘the peak positions were – and still are – occupied by men’. (Sanson p62)
‘women [are] three times more likely than men to be working (Sanson p65)
part-time’.
‘As at June 2015, the [ABA] recorded that, of the 6005 (Sanson p66 ; ABA)
members, 1389 were female… only 91 were Senior Counsel
(compared to 752 male)’.
Indigenous Lawyers – ‘Their legal and cultural expertise (Sanson p70)
would be relevant in a wide range of commercial matters, as
well as in more predictable areas such as native title and
criminal law matters’.
‘making up 1.2% of all solicitors’ (Sanson p71 ; National
Profile of Solicitors
2016 Report)
‘barristers who identify as Indigenous make up 0.02% of the (Sanson p71 ; National
ABA’s members’. Profile of Solicitors
2016 Report)
‘legal services to indigenous clients will continue to be (Sanson p71)
delivered by non-indigenous legal practitioners’.
Ethics and Professional Responsibility
Exam Notes
Subject Learning Outcomes
1. Explain the nature of the legal profession and the relationship between lawyers and
clients
2. Recognise the influence of lawyers in society and he role of lawyers in promoting and
contributing to access to justice
3. Discuss and apply the legislation, regulations and rules of conduct governing the legal
profession
4. Identify, reflect upon and demonstrate a developing ability to respond to ethical issues
facing the legal profession
,2
Ethics and Professional Responsibility
Exam Notes
Lawyers and Lawyering Week 1
The Law
Trying to uniform legal profession across Australia, Victoria was the first to enact the Legal
Profession Uniform Law, where it is then to be adopted by jurisdictions currently only in
NSW.
A Lawyer
Under the Legal Profession Uniform Law s 6(1) (Definitions)
Australian Lawyer –
An Australian lawyer is a person admitted to the Australian legal profession in any Australian
jurisdiction.
Australian Legal Practitioner –
An Australian Legal Practitioner is an Australian Lawyer who holds a current Australian
practicing certificate.
In the profession –
2435 practicing Barristers
o 75.65% in NSW are male, 24.35% are female
o 390 are Senior Council or Queens Council (16%)
o 87.18% are male (340 male, 50 female)
36400 solicitors hold a NSW practicing certificate
o 52.9% are female and 47.1% are male
NSW Bar Association website (18 July 2021) and Law Society of NSW, Practicing Solicitors Statistics
(December 31 2020)
Legal Culture and Professional Identity
A bigger picture in what it means to be a part of the legal profession
Collegiality – companionship and cooperation between colleagues who share responsibility
Dichotomy – a division or contrast between two things
,3
Ethics and Professional Responsibility
Exam Notes
Text Book
Quote - Reference
‘The lawyer’s role is to represent a client and persuade a court (Sanson p13 ; The
to a view on the basis of the evidence presented before it. It is Justice Game, Vintage,
not to fin ‘truth’ or ‘justice’. 1998)
‘[T]he use of legal jargon obscures the truth and confuses the (Sanson p13)
layperson. It creates an image of superiority and trickery, with
lawyer’s economic self-interest at heart’
‘Lawyers are often viewed as overcharging and exercising (Sanson p13)
complete control over the client’s case, rendering the client
dependent and powerless’
‘Legal practice is the integration of many key variables, some (Sanson p19)
‘legal’, some ‘non-legal’.
‘[T]he legal practitioner performs both a professional and a (Sanson p20)
social role in the community’.
‘The history of the High Court in Australia abounds with (Sanson p21)
decisions which have affected the course of our society, both
conservatively and progressively…’
‘The challenges facing law academics are… whether to present (Sanson p23)
the law as it is or to raise issues of how law affects society… to
promote a spirit of enquiry in which the law student develops
values that determine the manner in which the student
ultimately practices law… the influence of the legal academic
can help to determine the professionalism and ethical values
that characterise the legal profession
Culture ‘is generally perceived as a set of practices, values and (Sanson p49)
beliefs which establish the patterns of behaviour of a group of
people’.
‘the legal system and lawyers are not simply neutral and (Sanson p50)
objective social institutions but represent and mirror a cultural
viewpoint dominated by a limited social and ethnic elite’.
‘By 1995 the [ABS] calculated that approximately 62% of legal (Sanson p51 ; ABS
work in Australia was conducted on behalf of the business Legal and Accounting
community, 80% of it by the 20 “top tier” firms in Australia Services 1995-6)
who were able to practice on a national and international
scale’.
‘New South Wales [legislated women practicing law] in (Sanson p59)
, 4
Ethics and Professional Responsibility
Exam Notes
1918… [however] winning the right to study law and practice
law did not lead to greater numbers of female law graduates
until the 1960’s and 1970’s… a reflection of the ‘second wave’
of feminism’.
‘There has been a steady increase in the number of women (Sanson p59 ; Kate
studying law… only 11.4% of law students in 1960… to make Galloway)
up more than 60% of female law graduates in 2013’.
‘the legal profession is fragmented and divided, not only in (Sanson p61)
terms of gender but also in terms of type of practice, type of
work, levels of remuneration and status’.
‘women as latecomers to the legal profession bring a new (Sanson p61)
perspective, forcing the profession to address issues such as
the balance between work and family; working; commitment to
employers; lifestyle issues “that provide all lawyers with the
opportunity to challenge the workaholic model” that has been
the pattern of male lawyers’.
‘women now have greater access into the legal profession (Sanson p61)
because of the changing nature of society, but it is equally
valid to argue that society has changed because of the gender
revolution of the middle-to-late 20th century’.
‘the peak positions were – and still are – occupied by men’. (Sanson p62)
‘women [are] three times more likely than men to be working (Sanson p65)
part-time’.
‘As at June 2015, the [ABA] recorded that, of the 6005 (Sanson p66 ; ABA)
members, 1389 were female… only 91 were Senior Counsel
(compared to 752 male)’.
Indigenous Lawyers – ‘Their legal and cultural expertise (Sanson p70)
would be relevant in a wide range of commercial matters, as
well as in more predictable areas such as native title and
criminal law matters’.
‘making up 1.2% of all solicitors’ (Sanson p71 ; National
Profile of Solicitors
2016 Report)
‘barristers who identify as Indigenous make up 0.02% of the (Sanson p71 ; National
ABA’s members’. Profile of Solicitors
2016 Report)
‘legal services to indigenous clients will continue to be (Sanson p71)
delivered by non-indigenous legal practitioners’.
