Professional Responsibility and Legal Ethics

This document discusses the importance of legal ethics and professional responsibility in maintaining discipline and order within an organization. It explores privacy laws and their relevance in protecting individual privacy. Case studies highlight the challenges of communication in the legal system.

PROFESSIONAL
RESPONSIBILITY AND
LEGAL ETHICS

Table of Contents
INTRODUCTION ..........................................................................................................................3
MAIN BODY...................................................................................................................................3
QUESTION 2...................................................................................................................................4
Advice to Lucille and Oscar from the issue mentioned from above scenario.............................4
CONCLUSION................................................................................................................................6
REFRENCES...................................................................................................................................7
........................................................................................................................................................7
.........................................................................................................................................................1

INTRODUCTION
Legal ethics are that kind of professional code of conduct that has been used almost in
every profession to maintain discipline and order within a workplace. Such code of conduct is
also helpful in solving all kind of dispute that has been accruing within an organization.These
ethics and professional responsibility are interrelated to each other also cover's wider scope in a
workplace. Nature is very dynamic as they maintain of ethical code of conduct. In this file a case
scenario has been given and a question that is required to be answered as per it
MAIN BODY
QUESTION 1
Discuss the actions of the prosecutor and defence counsel in this case
Case Scenario: In this case Tabitha is a senior solicitor has been hired by Bobby for a litigation
in the District Court in Campbell town. Bobby has been accused over several cyber-crimes that
includes stalking, harassment and identity theft and case has been filed against bobby. When
Jennifer become aware about the judge for Bobby’s case she made an application to have trial
moved to different location and also different judge has to be allocated. The case was further re-
allocated in the Parramatta District Court. As the trial was about to begin Bobby tells Jennifer
that he has committed the crime he has been charged but wish to plead not guilty. During the
course of the trial Jennifer challenges every prosecution witness to the full extent she is able. In
the end Booby was found guilty and prosecution plead to given him sever punishment
In this case the law that has come out is of cyber law and issues raised in the case like
stalking, harassment and identity theft is a criminal offence. Cyber law are the laws that is related
to offences like harassment and stalking over the internet. So, in this case Jennifer was about to
prove his client innocent. She tried to do so but failed on Jennifer’s she tried to protect the client
but defence on their part was quite strong. The legislation to be applied her is cyber law and
privacy law because privacy was maintained so privacy law is going to be used in it (Sisk and et.
al., 2018).

QUESTION 2
Advice to Lucille and Oscar from the issue mentioned from above scenario
Case Scenario: As per the case there is a solicitor named Lucille who has been representing
Frida in a case and has mentioned about cost agreement which sated that Lucille should get 35%
of the damages award or the negotiated payment. As per this Lucille studied documents that has
been presented to her (Hans, 2020). After this a mail has been send to Oscar Gerald’s solicitor to
Gerald. It has an opinion which says that the contents of this document are confidential.
Unless you are the proper recipient of this message you should not read the document,
contact the sender and return the document or delete the message. A letter was send to Oscar
stating his client that Frida is very strong in case and the matter has to be solved as soon as
possible on urgent basis. Now Oscar has claimed that the message was to be sent to his client but
he was not able to take the mail only administrative department can and message was not to be
delivered to Lucille. Oscar is of opinion that only a statute can get override of the secrecy of
communication within legal petitioner and client. Now a case has been filed against Lucille in
order to not let her use the information but the letter was ignored by Lucille and he used the
information given in mail.
From the above scenario the issue that has come out is secrecy of communication. It has
been mentioned under the law that has been presenting within the privacy laws of Australia and
specific act that is been given for it is Privacy Act 1988 (Seagrim, 2018). Such act was
introduced for promoting and protecting of privacy that is been given to an individual and
regulate about the personal information and talking saving an individual's information in secured
manner. An commission has been formed under the act named as Australian Law Reform
Commission.. Certain principals has been established as per the act and they are as follows:
 Body of privacy is related to the protection of individual identity against invasive
procedure like genetic test, drug test and other kind of tests that involves individual’s
personal information.
 Privacy of communication has been given that maintains security and privacy over the
networking and conveying of communication through mail, mobiles and other kind of
communication devices.

 Also territorial privacy has been given that sets some important instructions that allows
an individual information safety in domestic and workplace. In this video search
surveillance of ID cards is done (Sisk and et. al., 2018).
QUESTION 3
Cross-cultural communication in the legal system
R v Kina under this case Queensland Court of Appeal has quashed the decision passed that
convicts Robyn Bella Kina to murder her abusive de facto partner Anthony David Black. As per
the case Robyn was involved in violent beating and physical abuse with rape by Tony. In the year
of 1988 Robyn was given sentence of imprisonment with hard labour. After five years he was
given relief under “exceptional difficulties of communication between the legal
representative and appellant”. Under this there has been subsisted throughout the trial and
exceptional difficulties has risen between Robyn an Ingenious women and her legal
representative because here legal representative has prevented from testing her short had day
murder trial. All the evidences that is in support of the defence over provocation that has been
ignored or are relied upon Robyn’s statement to her own legal counsel, documenting her
history of abuse at the hands of Tony, was overlooked by the same counsel and not
admitted into the brief of evidence at her trial.
An case has been refereed by the Attorney- general which says like Greek tragedy which
is there in the Robyn's legal representation that has focused on the miscarriage of Robyn's legal
representation. It was the fault of Robyn's legal representative that he missed various
opportunities of presenting evidences against defence of prosecution. Also it was marked out that
legal system was only seeing the angel of rape and has failed to focus upon miscarriage of
justice. In the end in this case it was held that there has been a case of miscarriage of justice that
has arisen out of the fact in the material now the court has an evidence that has been presented
over the trial that has raise significant possibility of a verdict that is guilty of murder would not
have been returned. If prosecution would have well then she would have only been found guilty
of manslaughter. It can be said that evidences has been presented during the trial but were not
relevant because of the miscarriage of communication on the legal representative’s part
(Wolanek, 2017). Then Ratten v. The Queen has been taken into consideration because in this

conviction has been quashed and verdict was being set aside due to an serious doubt about the
petitioner was guilty of the offence that she has been convicted (Wolanek, 2017).
Looking at the scenario of the above case it can be observed that the wrong that has been
committed is miscarriage of justice. The statement that justifies it is “exceptional difficulties of
communication between the legal representative and appellant. As per the common law
jurisdiction of an legal professional privilege has been formed to protect any kind of
communication that has been taken place between legal adviser and his or her client. Nothing can
be discussed or disclosed without the permission of client. So, in this case wrong has been
committed on part of the legal representative as he was not able to present evidence which leads
towards miscarriage of justice and the consequences of which has to be faced by the client.
CONCLUSION
It can be concluded from this file that legal ethics is one of the most important part of an
organization and helps in dealing with discipline and order within an organization. Also further
in this file privacy laws has been discussed that explains about importance of maintaining of
privacy in an country to all individuals. Further case study has been explained that explains about
exceptional difficulties of communication between the legal representative and appellant”. In the
end an slight relevance has been given about the relation between case scenario given in the file
with case study taken.

REFRENCES
Books and journals
Babazadeh, N., 2018. Legal Ethics and Cybersecurity. Journal of Law & Cyber Warfare. 7(1).
pp.85-116.
Bateman, E., 2017. Lessons from America: How Modern Law Schools Should be Teaching Legal
Ethics. Available at SSRN 3265786.
Green, B., 2018. The Challenges and Rewards of Teaching Legal Ethics. Prof. Law..25. p.3.
Gross-Schaefer, A. and Kalbers, L.P., 2018. Legal Ethics Education: From Academic Foundation
through Professional Practice. Prof. Law..25. p.18.
Hans, G.S., 2020. How and Why Did It Go So Wrong?: Theranos as a Legal Ethics Case
Study. Georgia State University Law Review, Forthcoming.
Seagrim, W., 2018. Legal ethics, by Jonathan Herring. The Law Teacher.52(4). pp.530-532.
Sisk, G.C and et. al., 2018. Legal Ethics, Professional Responsibility, and the Legal Profession
(Foreword and Table of Contents).
Wolanek, C.C., 2017. Discriminatory Lawyers in a Discriminatory Bar: Rule 8.4 (g) of the
Model Rules of Professional Responsibility. Harv. JL & Pub. Pol'y.40. p.773.

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