Ethics and Legal Professionalism in Australia introduces students to the ethics and professional responsibilities that they will encounter in practice. It outlines the concepts, rules and conflicts relating to legal ethics in addition to exploring the ambiguous ethical aspects associated with being a lawyer. This text takes a thematic approach, with each chapter focusing on one theme and how it relates to lawyers' professional obligations, rather than simply focusing on the rules of professional conduct. Lawyers do not work in a vacuum, but within a framework of legal and professional regulation, and having the ability to make sound professional decisions is at the heart of good professional conduct. This edition has been updated to include the Uniform Law framework which has been implemented in NSW & VIC, and includes tables that outline the comparative sections and rules for each Australian jurisdiction. New To This Edition Additional cases added throughout the text to support the content Updated to include information about technological advances and how these affect the legal profession in terms of the conduct required of lawyers when operating in the digital environment (ie what some term 'e-professionalism') Includes additional information about mental health issues amongst lawyers and how this affects professional practice Comparative tables updated to reflect changes following the abandonment of the proposed national law
Once a highly cosmopolitan profession, law was largely domesticated by the demands of the Westphalian state. But as the walls between sovereign states are lowered, law is globalizing in a way that is likely to change law, lawyering and legal education as much over the next 30 years – when the students entering law schools today reach the peak of their profession – as it has over the last 300. This book provides a sustained investigation of the theoretical and practical aspects of legal practice and education, synthesizing and developing nearly thirty years of Professor Sampford’s critical thought, analysis and academic leadership. The book features two major areas of investigation. First, it explains the significance of the ‘critical’, ‘theoretical’ and ‘ethical’ dimensions of legal education and legal practice in making more effective practitioners – placing ethics and values at the heart of the profession. Second, it explores the old/new challenges and opportunities for ethical lawyers. Challenges include those for lawyers working in large organisations dealing with issues from international tax minimisation to advising governments bent on war. Opportunities range from the capacity to give client’s ethical advice to playing a key role in the emergence of an international rule of law as they had to the ‘domestic’ rule of law. The book should stimulate great interest and occasional passion for legal practitioners, students, teachers and researchers of law, lawyering, legal practice and legal institutions. Its inter-disciplinary approaches should be of interest to those with interests in education theory, international relations, political science and government, professional ethics, sociology, public policy and governance studies.
This book discusses the opportunities and challenges facing legal education in the era of globalization. It identifies the knowledge and skills that law students will require in order to prepare for the practice of tomorrow, and explores pedagogical shifts legal education needs to make inside and outside of the classroom. With contributions from leading experts on legal education from various jurisdictions across the globe, the work combines theoretical depth with practical insights. Seeking to understand the changing landscape of legal education in the era of globalization, the contributions find that law schools can, and must, adopt educational strategies that at least present students with different understandings of what studying and practicing law is meant to be about. They find that law schools need to offer their students choices, a vision of practice that is not driven entirely by the demands of the marketplace or the needs of major international law firms. Bridging the gap between theory and practice, this book makes a significant contribution to the impact of globalization on legal education, and how students and law schools need to adapt for the future. It will be of great interest to academics and students of comparative legal studies and legal education, as well as policy-makers and practitioners.
This Handbook examines the essential nature of the law within an educational context and asks why there is not greater preparation for this aspect of a teacher’s role. Principals and teachers across the world now work in increasingly uncertain and challenging environments involving complex legislative frameworks, with their roles and responsibilities constantly changing to meet these demands: thus, it is imperative that educators adapt and acquire new skills relating to child protection and criminal law. On a daily basis, teachers and practitioners are being challenged to critically examine and evaluate the legal rights and obligations of various stakeholders, including students, parents, educators and administrators. However, if these skills are not developed, the implications will be significant: particularly so if principals are deterred from pursuing innovative education strategies due to potential litigation risks. Consequently, the chapters will empower principals and teachers in the management of these concerns. This wide-ranging handbook, including case studies from around the world, will be of interest and value to both scholars of education law and practitioners.
The Good Lawyer explores the ethical and professional challenges that confront people who work in the law - or are considering it - and offers principled and pragmatic advice about how to overcome such challenges. This book takes a holistic approach that begins with your innate humanity. It urges you to examine your motives for seeking a career in law, to foster a deep understanding of what it means to be 'good', and to draw on your virtue and judgement when difficult choices arise, rather than relying on compliance with rules or codes. The Good Lawyer analyses four important areas of legal ethics - truth and deception, professional secrets, conflicts of interest, and professional competence - and explains the choices that are available when determining a course of moral action. It links theory to practice, and includes many examples, diagrams and source documents to illustrate ethical concepts, scenarios and decision making.
Whilst educational theory has developed significantly in recent years, much of the law curriculum remains content-driven and delivered traditionally, predominantly through lecture format. Students are, in the main, treated as empty vessels to be filled by the eminent academics of the day. Re-thinking Legal Education under the Common and Civil Law draws on the experience of teachers, practitioners and students across the world who are committed to developing a more effective learning process. Little attention has, historically, been paid to the importance of the application of theory, the role of reflective learning, the understanding and acquisition of lawyering skills and the development of professional responsibility and wider ethical values. With contributions from across the global north and south, this book examines the history of educating our lawyers, the influences and constraints that may shape the curriculum, the means of delivering it and the models that could be used to tackle current shortcomings. The whole is intended to represent what might be desirable and possible if we are to produce lawyers that are fit for purpose in the 21st century, be that in either in civil or common law jurisdictions. This book will be of direct assistance to those who wish to understand the theory and practice of legal pedagogy in an experiential context. It will be essential reading for academics, researchers and teachers in the fields of law and education, particularly those concerned with curriculum design and developing interactive teaching methods. It is likely to be of interest to law students too – particularly those who value a more direct engagement in their learning.
The social work, health and human services sectors employ a variety of professionals to provide care to people. There is an increasing need for practitioners to be skilled in ethical decision making as the professional practice context becomes more complex and concerned with risk management. Interprofessional Ethics explores the ethical frameworks, policies and procedures of professional practice for multidisciplinary teams in health, government and community-based workplaces. The second edition includes content on criminology, environmental practice, youth work practice, the intersection of law and ethics, and cultural content, including non-Western philosophies and Indigenous worldviews. New 'Through the eyes of a practitioner' boxes provide insight into the professional experiences of practitioners in the field, while reflection points and links to further readings encourage students to think critically about the content. Interprofessional Ethics encourages readers to better understand the perspectives, approaches and values of others, preparing them to work within collaborative teams.