TL30015 - Ethics & Professional Conduct: NSWDC Court Report

This essay provides an analysis of ethics and professional conduct within the legal profession, specifically focusing on observations made at the New South Wales District Court (NSWDC). The essay details the court's structure, security measures, and the roles of judges, clerks, and lawyers. It examines interactions between lawyers, emphasizing the importance of maintaining professionalism and ethical standards even during adversarial proceedings. Furthermore, the essay explores the fiduciary relationship between lawyers and their clients, highlighting the duties of lawyers to prioritize client interests, provide honest assessments, and offer support. The second part of the essay discusses the working conditions and responsibilities within law firms, using a case study to illustrate challenges faced by female lawyers and the importance of work-life balance. It also includes perspectives from a male catering employee on the issues presented. Desklib offers more resources like this, including solved assignments and past papers, for students.

Running head: ETHICS AND PROFESSIONAL CONDUCT
Ethics and Professional Conduct
Name of the Student
Name of the University
Author Note

1ETHICS AND PROFESSIONAL CONDUCT
Part 1
Court administration
The district court in New South Wales is an intermediate code. The court is provided jurisdiction
in both criminal and civil matters. With respect to its criminal jurisdiction the district court deals
with issues regarding indictable matters which signify serious criminal offences. These offences
are generally heard by a judge and a jury, however on certain occasions the matter can also be
heard by a lone judge. However, this court does not deal with offences like murder and treason
which are only dealt by the Supreme Court. The criminal court also has the power of hearing
appeals arising out of the local Court. The case which was heard by me is the case of R v Deha
Kelekci [2018] NSWDC 227. I reached the court which is situated at “DOWING CENTER”,
Liverpool Street, Sydney on the 4th level at 9: 30 AM on 23 August 2018. While entering the
court I was subjected to strong Security Check. As I was aware about my Court etiquettes, I had
switched off my mobile phone as soon as I entered the court building. During the Security Check
I was informed that I am not able to click any photographs inside the court building and that is
why I clicked my photograph outside the building. When I went to the court room I saw that the
judge is yet to arrive. There were four clerks who were present around the judge’s table to assist
the judge. I also saw strict security provided by the police, which I feel was more because this is
the criminal court. When the judge entered the court room everybody along with the Jury stood
up. As the judge settled down, everyone else in the room also settled down and the lawyer started
to prepare for the case. The name of the lawyers was Counsel A Williams (Offender) and
Solicitors S Jaeger (Crown). The role of the lawyers in the court is to present the case before
the judge. The judge has the duty of presenting the law and facts of the case in a simple manner

2ETHICS AND PROFESSIONAL CONDUCT
before the Jury so that they can make the correct decision. When the jury is not present the judge
alone makes decisions in relation to the case.
Interaction between lawyers and lawyers
As professionals, lawyers often have to face off against each other in the court room. Although
they are acquainted to each other they have to professionally represent there respective clients.
Therefore it is very important for the lawyers to maintain a professional relationship with each
other especially when they are within the court room. While pleading for a case there may be
heated arguments between the lawyers, however it is essential for them to ensure that they
maintain the court decorum and be in their professional limits while communicating in the court
room. As lawyers they are aware about the need to act ethically within the courts room. When I
visited the courtroom I saw lawyers for both the parties were present and were sitting together on
the same bench. They had been busy with their paperwork and were explaining to the paralegal
the matter which is to be presented before the judge. There was not much interaction between the
lawyers before the judge enter the courtroom. I only saw them greeting each other with a
handshake and after that not talking much. However after the judge had entered the courtroom
the intensity of the lawyers totally changed like footballers on field. Their focus was totally on
presenting their clients case before the judge and ensuring that the judge is convinced by their
submission. They were treating each other in the same manner as opponent in any sports does. I
observed that the lawyers while arguing their respective cases did not leave any opportunity to
challenge the submission made by the other party. After the hearing had been concluded for the
day both lawyers had a small interaction with their respective clients and shook hands with the
lawyer of the other party. There were no hard feelings which were prima facie taken out of the
courtroom by the lawyers.

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Interaction between the lawyers and the client
The relationship between a lawyer and client has a fiduciary nature to it. The clients bestow their
trust on the lawyers and hope that they will carry out there responsibility with diligence and care
and in good faith to the best interest of the clients. It is the role of a lawyer to ensure that they
always prioritise the interest of the client above any personal interest. They must let the client
know the prospects of success with respect to a case truthfully. It is the responsibility of a lawyer
to provide the client with all information as much as possible with respect to the case. It is their
duty to guide to the client through the legal claim or defence in a proficient and efficient manner.
When talking to a client there was ensure that they are talking in a modest way so as to not hurt
their emotions. When a client comes to the court they are already very distressed and therefore it
is the responsibility of a lawyer to ensure that they calm down the clients by talking to them in a
polite manner. The case I visited was a criminal case and therefore one of the clients was accused
of a crime. The client looked very depressed and the lawyer of the client was constantly
providing motivation to the client before the judge came into the courtroom. Before entering the
court room I also saw that the lawyer was preparing the client for the trial by explaining to him
what is probably going to take place in the court room today. He was also informally cross
examining the client to ensure that they do not make any mistake before the judge. The lawyers
were carrying out the duty in a very appropriate manner and were very polite and caring with the
client.
Part 2
A

4ETHICS AND PROFESSIONAL CONDUCT
The working conditions for most lawyers are dictated by the ethos of large firms they are
working for. Primarily the lifestyle of the lawyer would revolve around fitting into the needs of
the corporate clients. They also have to adapt to a wide range of time zones. Long working hours
are correlated with the requirement of cost time budget. Paralegals and lawyers are generally
required to comply with a budget of specific hours of paid work daily and weekly. However, not
all hours provided by the lawyers are billable such as research activities. When lawyers indulge
in hard work, involving early start and late finish they usually derive higher salary due to their
actions.
There are several responsibilities which are imposed on a law firm. The two primary
responsibilities are in relation to encouraging a corporate social environment and the rotation of
available work to new recruits. It is the duty of the firm to ensure that a new recruit is provided
with adequate work and also to ensure that they have a good work life balance. Given the
difficulties faced by a female lawyer in early stages of her career it is all the more important for
the firm to ensure that she is provided with adequate time to maintain her work life balance. In
the present situation it has been provided that although Aphrodite Sergeant is indulged in a work
provided by a senior attorney, she is being questioned because she is not able to complete her
billable hours. Taking into consideration the circumstances the firm should indulge into building
a corporate social environment and reduce the billable hours of Aphrodite Sergeant initially so
that she can not only focus on her work but also indulge into her personal activities.
In the same situation it has been provided that Aphrodite Sergeant is not willing to talk to the
firm manager about the problems which have been faced by her in relation to her work. As a
female lawyer there might be some communication problems which a person may have.
However as the employee of the firm it is the duty of Aphrodite to ensure that she communicates

5ETHICS AND PROFESSIONAL CONDUCT
the problem she is facing while working to the firm manager so that they can take a step towards
addressing the problem. If she does not notify the problem to her seniors then a
miscommunication will occur and the problem could worsen. She may also talk about the
problem with her senior as he is more experienced in handling such matters. He would be able to
properly guide her out of the problem. The first step we should be taken by her in this situation
would therefore be to inform the problem to the management because they have more experience
in dealing with the matter and would be able to provide her with proper guidance. She has the
responsibility of ensuring that she maintains a proper balance between work and nice to have a
prolonged career as a lawyer.
Marcus also has a responsibility according to the facts provided in the present situation. It is
because of the work provided by him that Aphrodite is not able to complete her billable hours
and also have to work more than what she is paid for. She is doing a charity work for the benefit
of Marcus. Marcus should therefore ensure in the present situation that he does not provide her
with complex work which she would not be able to address because of less experience in the
field. In addition she should be helped by Marcus in completing any work which is provided to
her. Marcus should also ensure that he bridges the gap between Aphrodite and the firm with
respect to communication so that after that does not have any problems towards communicating
with the firm in the future. Proper communication is a very essential skill required by a lawyer.
They not only need to communicate with the client but also with their seniors and the firm to
ensure continuous professional development.
B
i

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I am a male and I am working in the catering department. I am also married and I have two kids.
From my perspective as a male I feel that the lady lawyer is trying very hard to find the place in
her workplace. However as she is less experienced she is facing a problem with respect to
managing the situation. If she would have been a male, her primary concern would have been to
earn money and pursue her career. However as she is a female, she may also have other family
commitments which may not allow her to continuously provide 10 to 15 hours of working time
to the firm. She may also get tired physically by indulging into hectic work activity.
ii
Being a married person I understand how important it is to give time to family along with
earning money. A proper work life balance has to be created between employment and personal
life to ensure that both situations can be handled in a smooth manner. If we continue to work by
ignoring family situation it would eventually affect our work life as we would be having too
much stress. If the lady lawyer would have been married she would have faced more difficulties
in carrying out the work. This is because she also had to take care of her husband and children
and would have not got the required time for indulging into hard work for the law firm.
iii
With respect to my employment situation I am working in a catering business. I usually do not
have to work for more than 8 to 10 hours in a day. however if I am ask to work for more than 10
hours it would have a severe impact on me physically as well as mentally. I would not be happy
as I would not be having any personal time for myself. This would have caused too much stress
to me and I may have to think about an alternative job because ultimately I would not have been
happy with my life.

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