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75424 Legal and Professional Skills

Warning: The information on this page is indicative. The subject outline for a particular session, location and mode of offering is the authoritative source of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.

Subject handbook information prior to 2016 is available in the Archives.

UTS: Law
Credit points: 6 cp
Result type: Grade and marks

Requisite(s): (102 credit points of completed study in spk(s): STM90688 102cp Core subjects LLB OR 108 credit points of completed study in spk(s): STM90832 LLB Core Subjects) AND (114 credit points of completed study in spk(s): C04236 Juris Doctor OR 162 credit points of completed study in spk(s): C10124 Bachelor of Laws OR 114 credit points of completed study in spk(s): STM90691 144cp Law Stream OR 114 credit points of completed study in spk(s): STM90401 Law Stream Combined Degree BA Communication Bachelor of Laws)
These requisites may not apply to students in certain courses. See access conditions.

Description

This subject covers the skills, practice areas and values required of a law student to be admitted to practise law as prescribed by the 'competency standards' set out in the Sixth Schedule to the Legal Profession Admission Rules 2005. The subject assumes an understanding of disciplinary knowledge taught in core law subjects in a relevant degree. In this subject, students learn and practise tasks in preparation for professional practice as an entry-level lawyer.

This subject focuses on the ability to demonstrate legal skills and the understanding of the ethical responsibilities of legal practitioners, including obligations relating to a solicitor's trust account. The practice of law requires an understanding of the legislative and regulatory environment in which the legal profession operates. The integration of practical and theoretical approaches to legal ethics and legal practice provides a basis from which students can better integrate ethical priorities within their own moral compass and develop personal priorities around resilience.

Participation in workshops dealing with drafting, interviewing and negotiation tasks are designed to enable students to practice essential skills in a client focused environment. The workshops also provide practical scenarios in which students can better understand the application of the conduct rules, the operation of trust accounting procedures and the application of resilience tools in the work place environment.

The subject encourages students to experience and reflect on the targeted graduate attributes developed by the faculty.

Subject objectives

Upon successful completion of this subject students should be able to:

1. identify and respond appropriately to problem solving from the client?s perspective and be able to suggest a range of options for accessing justice, including the fundamental principles of negotiation and the basic methods of a principled bargaining approach to dispute resolution;
2. understand the different communication skills, both oral and written, required to draft non contentious legal documents using plain English and to be an effective client focussed communicator in a culturally diverse community;
3. develop an ethical framework for the practice of law together with the ability to recognise ethical challenges and be able to apply this framework to resolve such challenges used in template;
4. demonstrate a sound knowledge of the significance of, and the principles governing, trust and general accounting in legal practice;
5. address the relationship between personal and professional attitudes and values and to build on the notion of professionalism and public service; develop an awareness of risk management and resilience.

This subject also contributes specifically to the development of the following graduate attributes:

  • Legal Knowledge
    An advanced and integrated understanding of a complex body of legal knowledge including the Australian legal system, social justice, cultural and international contexts, the principles and values of ethical practice, and contemporary developments in law and its professional practice (1.0)
  • Ethics and Professional Responsibility
    An advanced and integrated capacity to value and promote honesty, integrity, accountability, public service and ethical standards including an understanding of approaches to ethical decision making, the rules of professional responsibility, an ability to reflect upon and respond to ethical challenges in practice, and a developing ability to engage in the profession of law and to exercise professional judgment (2.0)
  • Communication and Collaboration
    Effective and appropriate professional communication skills including highly effective use of the English language, an ability to inform, analyse, report and persuade using an appropriate medium and message and an ability to respond appropriately. (5.0)

Teaching and learning strategies

Teaching and Learning Strategies

Strategy 1 Lectures providing overall content coverage

Strategy 2 Online workshops/discussion

Strategy 3 Oral on campus assessments for client interviewing skills

Strategy 4 Use of UTS Online as part of flexible learning initiatives

Strategy 5 Written assessments to practise communications, trust accounting procedures and reflection on the role of law and the ethics of the legal profession

Strategy 6 Observation of instructional audio visual resources

Content

  • Introduction to legal practice
  • Trust Accounting
  • Client interviewing
  • Communication and problem solving
  • Plain language and drafting
  • Risk management
  • Best Practice and resilience
  • Practical Application of knowledge and theory
  • Negotiation
  • Professionalism and personal practice
  • Social Justice and cultural awareness

Assessment

Assessment task 1: File Note Letter to client and Accounting Obligations

Objective(s):

This task addresses the following subject learning objectives:

1, 4 and 5

This task contributes specifically to the development of the following graduate attributes:

1.0, 2.0 and 5.0

Weight: 40%
Length:

The File Note, Letter to Client and advice on Accounting Obligations are to be a combined length of no more than 1800 words.
Criteria:
  • Development and communication of appropriate and clear future management strategy.
  • Reflection, analysis and evaluation of issues, client’s perspective and ethical implications evident in file note.
  • Integration and development of a comprehensive strategy for the issues identified in the file note that is clearly communicated to the client.
  • Demonstrates effective and clearly structured written communication and use of plain language in letter to client.
  • Evidence in accounting transactions and client letter, of knowledge and application of relevant trust accounting principles. Understanding of the fiduciary obligations of lawyers when managing client’s money evident in transaction(s).

Assessment task 2: Negotiation reflection and general participation

Objective(s):

This task addresses the following subject learning objectives:

1, 3 and 5

This task contributes specifically to the development of the following graduate attributes:

1.0, 2.0 and 5.0

Weight: 30%
Length:

Simulation of group negotiation 30- 40 minutes (approx.)

Negotiation Reflection - comments on SPARKPlus are to be a combined length of no more than 1000 words.
Criteria:

Negotiation Reflection

  • Provides feedback about others participation in the group negotiation process that is constructive, specific and individualised.
  • Makes suggestions for group member’s future development as legal professionals working in a team.
  • Communicates feedback to others about their contribution to the negotiation professionally and succinctly.
  • Comments on personal experience of an interest based negotiation, reflecting on knowledge, skills and of prior learning.

General Participation

  • Contribution to effective collaborative workshop activities.
  • Thoughtful discussion around ethical challenges and the role of lawyers in the community.
  • Application of the law and ethical conduct principles as an entry level lawyer.
  • Evidence of professionalism and ethical decision making in online and face to face workshops

Assessment task 3: Client Interview and letter to client

Objective(s):

This task addresses the following subject learning objectives:

2 and 3

This task contributes specifically to the development of the following graduate attributes:

1.0, 2.0 and 5.0

Weight: 30%
Length:

Letter to the client is to be in total no more than 800 words.
Criteria:
  • Clear oral communication, listening skills and rapport demonstrated throughout client interview.
  • Evidence of client focus and cultural sensitivity in all communication.
  • Awareness of client’s perceptions of legal issues demonstrated through questioning techniques.
  • Ethical and professional approach in dealing with transactions, preparation of documents and face to face interactions.
  • Reflection, evaluation and integration of knowledge to communicate orally and in writing an appropriate and clear future strategy to client.

Required texts

Legislation referred to in lectures, including:

  • Legal Profession Act 2004 & Legal Profession Regulation 2005 - available on austlii
  • Legal Profession Uniform Admission Rules 2015
  • Legal Profession Uniform Conduct (Barristers) Rules 2015
  • Legal Profession Uniform Continuing Professional Development (Barristers) Rules 2015
  • Legal Profession Uniform Continuing Professional Development (Solicitors) Rules 2015
  • Legal Profession Uniform General Rules 2015
  • Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015
  • Legal Profession Uniform Legal Practice (Solicitors) Rules 2015

College of Law Practice Papers as directed in the Subject Outline, including:

AC201 Accounting Records for Law Practices in NSW

PR202 The Lawyer and Client Relationship

PR203 A Lawyer's Relationship with the Court

PR204 A Lawyer's Relationship with the Public

PR201 Professional Conduct and Discipline

S101 Effective Legal Drafting Skills

S102 Drafting Legal Documents and Correspondence

S103 Work Management for new lawyers

S104 Negotiation and Dispute Resolution

S105 Interviewing Clients

PR 205 Pro Bono Practice.

Recommended texts

For the Ethics component of this subject:

Parker. C., & Evans. A., Inside Lawyer’s Ethics, Cambridge University Press, 2nd Edition, 2013

Dal Pont, G. E., Lawyer’s Professional Responsibility, Law Book Co. Sydney, 5th Edition, 2013

Lamb, A., & Littrich,J., Lawyers in Australia, Federation Press, 2007

For the Skills component of this subject:

Lamb, A., & Littrich,J., Lawyers in Australia, Federation Press, 2007

Wolski, Bobette., Skills, Ethics and Values for Legal Practice Lawbook Company 2nd Edition 2009

James, Nickolas., Field, Rachel., The New Lawyer John Wiley & Sons Australia 2013

Doraisamy, Jerome., The Wellness Doctrines for Law Students & Young Lawyers Jerome Doraisamy 2015

Lewis, G., Kryou, E., & Direlli, A., Handy Hints on Legal Practice, 3rd Edition, Thomson Lawbook Co, Sydney

Hyams, R., & Campbell, S., & Evans, A., Practical Legal Skills, Oxford, 3rd Edition Melb, 2007

Ellis, Elizabeth; Principles & Practice of Law Lawbook Company 1st Edition 2005

Asprey, Michele; Plain Language for lawyers,The Federation press 4th Edition 2010

Grigg, Brendan; Corbett-Jarvis, Nichola; Effective Legal Writing A Practical Guide Lexis Nexis 2014

Aitken, J.K Piesse The elements of drafting 10th edition Lawboook Co 2004

Macdonald, R. and Clark-Dickson, D. Clear and Precise, Writing Skills for Todays Lawyer Thomson Reuters 3rd Edition 2010

Meehan, M & Tulloch, G Grammar for lawyers 2nd Edition Butterworths 2007

Evans, David R. and others Essential Interviewing: A Programmed Approach to Effective Communication Brooks/Cole 1984

Spegel N, Rogers B & Buckley R., Negotiation- theory & tactics Butterworths skills series

Fisher, R, Ury, W & Patton, B., Getting to Yes: Negotiating an agreement without giving in Random House 2nd Edition 1999

For Trust Accounting component of this subject

Olliffe, B., Professional Conduct: Legal Accounting, zortonomy, 3rd ed., 2011

Other resources

Article by David Spencer on Negotiation

Administrative Decisions Tribunal – Legal Services Division

Websites, including:

(Law students are automatically members of Young Lawyers. Young Lawyers gives students the opportunity to gain first-hand insight into the profession you will soon be part of. Young Lawyers’ website includes information on Mental Health and Wellbeing.)