LAW3312 Ethics for Lawyers Case Study

The assignment focuses on various ethical dilemmas faced by lawyers, analyzing case studies related to regulation, litigation, competence, conflicting loyalties, and relations with other lawyers. It emphasizes the importance of ethical conduct in legal practice and the responsibilities lawyers have towards their clients and the legal system.

Ethics For Lawyer

Table of Contents
INTRODUCTION ..........................................................................................................................1
MODULE 3: Regulation and Discipline..........................................................................................1
Given Case..............................................................................................................................1
1. Do you tell Persephone and/or the police about Halbert’s actions (either before or after
Persephone death)? Whether you do or don’t, explain why...................................................1
2. What could happen to you if you do tell?...........................................................................1
MODULE 5 - Litigation and Advocacy Ethics...............................................................................2
Case Scenario.........................................................................................................................2
Has Jane acted lawfully and ethically?...................................................................................2
MODULE 6 – Competence and Care..............................................................................................2
Case Study..............................................................................................................................2
Does Soren owe a duty of care to Jenny?...............................................................................3
MODULE 7 - Conflicting loyalties.................................................................................................3
1. What should Diandre do in this situation?.........................................................................3
2. Can or should Conflicts Lawyers Pty Ltd accept instructions to act for the new client (the
mother) in this scenario?........................................................................................................4
MODULE 8 - Relations with other lawyers....................................................................................4
1. If you are enrolled in LAW3312 Ethics for Lawyers, re-draft the letter so that it complies
with the letter- writing conventions and ethical principles outlined in the course.................4
CONCLUSION................................................................................................................................5
REFERENCES................................................................................................................................6

INTRODUCTION
Lawyer are the one whose main job is to give legal advices on any of the legal topic so
that problem can be solved. They are said as the professional body who takes the charge of any
of the disputed matter. When it comes to ethics, they are required to work ethically because that
plays the most important role for any of the lawyer (Sternlight, 2012). In context of the file, the
major discussion will be on roles and responsibility of the lawyer. There will be various cases
which is required to be solved in this file.
MODULE 3: Regulation and Discipline
Given Case
The case is related with Halbert and Persephone who are getting married and after that
they will get the option to earn huge amount of money because wills will be transferred to
Halbert. Here, Halbert says that he wants to kill her fiance after marriage so that property will be
of his alone. During the time of their honeymoon it was found that Persephone died as she fell
down from the rocky hills . Due to lack of evidences police have closed the case. All these things
have been already discussed with the legal advisor but it was in the manner of joke and their was
no intention like that.
1. Do you tell Persephone and/or the police about Halbert’s actions (either before or after
Persephone death)? Whether you do or don’t, explain why.
As per the given case, it was found that Persephone died during their honeymoon. In this
case, as I know much and more about the situation but still I will not inform the police about the
case because there is high possibility that Halbert was not serious at that time when he was
discussing about killing her fiance (Zipursky, 2011). Even their was no conclusive evidences
about the case through which it can be concluded that Halbert have killed her wife. So, from my
point of view I will not inform the police about the words which has been spoken by Halbert
during the discussion.
2. What could happen to you if you do tell?
In this case, if I inform the police about the case, then there is the possibility that legal
action can be taken against Halbert. Even there is the chances that wills which is going to be
transferred to Halbert can also go under stay order from court till the date of actual finding or
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outcome. This case will have the chances to reopen. Even if this will not be proved that who
have done this crime then also Halbert will not be allowed to do lots of work. For example: his
passport will be under the custody of court due to which he will not be allowed to visit any other
places.
MODULE 5 - Litigation and Advocacy Ethics
Case Scenario
The case is related with Jane Eyre, her client, Gavin and owner of the artwork. It is being seen in
the case that Jane's client is willing to obtain the written statement of Gavin that artwork which
has been purchased is fake and even the charges which has been decided for the painting is more
then the actual price of it. Here, Gravin is the good friend of client and that is the main reason
that he is ready to write whatever they wants him to say in front of court (Annas, Crosby and
Glantz, 2013).
Has Jane acted lawfully and ethically?
From the above given case study, it is found that Jane ad not acted lawfully and ethically
in this case because here they are ready to prepare the fake file through which they want to
prove in front of the court that the owner of art gallery have acted unlawfully. It is the
responsibility of Jane client that they should have tried to know about the things which he was
purchasing because under sales of goods act it is mentioned that buyer should also be aware
reading the things which they are purchasing (Morgan, 2012). Here, Jane should have decided
that her client should pay the amount of money in which they have decided to purchase the
artwork. The work which is being done is totally unethically.
MODULE 6 – Competence and Care
Case Study
The given case study is related with Inger, Soren, Ben, Jenny and Bob. Here, Inger
consulted Soren which is one of the reputed firm in the field of Succession law. They do charge
minimum amount of $150 for preparing any of the simple will also. The drafted will was signed
by Inger and non of the question were asked by Inger. Once the will was signed Inger marries
Bob and after that will had automatically revoked and she has the option to gift her husband but
not allow to transfer.
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Does Soren owe a duty of care to Jenny?
In this case, there was the duty of Soren to inform about the will that what can be the
consequences if will is transfer to Bob and after marriage who will have the option to have
power of attorney. But, there was no duty of Soren to inform Jenny because the will was
prepared by Inger and there was no role of Jenny in it (Banks, 2018). If Jenny wants to file the
case against Soren then there is high chances that this case will not be entertained in the court in
he court room.
MODULE 7 - Conflicting loyalties
1. What should Diandre do in this situation?
The whole scenario is presenting that, Diandre have began working as a graduate lawyer
within the Conflicts Lawyers Pty Ltd. In the second week of her service she encountered a
confusion which generally revolved a similar client. Basically, there is a case which Diandre
faced at both the times when she was practising as a paralegal (former employer) in NoBarriers
Lawyers Pty Ltd and when she started working in Conflicts Lawyers Pty Ltd. The case was of a
couple relating to get the parenting of children. In this case, both the parents have applied an
application for parenting orders for their two children.
In this situation, it can be said that Diandre would first require to convey the whole
situation to the client (Client Mother), so that she could understand that she has worked for the
other client while working for No Barriers Lawyers Ltd. The contact with other client was fairly
limited and mostly revolved around his demanding job of accountant with negligible mention of
family law issues. Diandre recalled that she was not aware of future actions of client. Then after,
Diandre may ask for serving her or to wait for the next day when one of the other lawyers returns
back, who was absent on that day due to illness. If she (mother client) agrees on the same, then it
is may be possible that Diandre could offer her with more details regarding what she saw and
examined while practising for No Barriers Lawyers Pty Ltd. She can also deliver the information
regarding the affidavit material which she typed for the client father in regards to the same case.
On the other side, being an ethical lawyer, Diandre can also hide the things which she
was aware of (regarding the case on behalf of client father) because it was the matter of one day
as she will not be serving client mother for longer.
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2. Can or should Conflicts Lawyers Pty Ltd accept instructions to act for the new client (the
mother) in this scenario?
If it is talked about Conflicts Lawyers Pty Ltd., then it can be said that company should
not accept all the instructions just when Diandre has delivered the information regarding the
case. It is because, there are many cases came in front in all over the world regarding bribery that
people taking money from one client and providing false information to concerned parties. It is
required for the company (Conflicts Lawyers Pty Ltd) to first go through the whole situation and
check for any sort of connections between Diandre and client's father, if they are having any
connectedness regarding the same case. If nothing comes up then the information could easily be
used in pulling out favourable outcomes for client mother. With the help of this, right decisions
can easily be made in short span.
MODULE 8 - Relations with other lawyers
1. If you are enrolled in LAW3312 Ethics for Lawyers, re-draft the letter so that it complies with
the letter- writing conventions and ethical principles outlined in the course.
Firstly, there are number of cases being entertained in the court and it is compulsory to
ensure that lawyer can show their aggression but it is more important that they must consider the
norms of ethics because their behaviour represent the court session. Lawyer are require to
maintain the peaceful decorum when ever they argue with other lawyer and there is never a
personal argument so that all are required to know on whose behalf they are working (Boon,
2014).
Re-drafting the letter
Our Ref: SMA:JJ: 23757
Your ref: SRS: 227385
20 June 2018
Smith and Smith
Parenting Matter
The further discussion on the topic is related with the previous communication which
Jones and Jones lawyer have sent.
It is necessary that client must ensure that they are not allowed to give any kind of trouble
to the child who is with them. It is necessary that child must get all those facilities which he
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deserves to get. My client is not capable of returning the vehicle which he have. There are
number of option available with him but it is more important that how you deal. If your client is
not able to take care of child properly then they are required to send the child to my client
(Prentice, 2015). If anything wrong is found by my client then he is willing to take any sort of
legal action against the person who has taken the situation for grant.
The further action will be taken as per the response which is given by your client and
even it is necessary the everything should be done ethically so that best results can be taken out
in future (Inghilleri, 2013) . If client wants to take any sort of legal action in this case then they
are free to do that and after that new proceeding will be conducted in the court.
CONCLUSION
It is concluded from the above file, that lawyer are required to take each and every steps
ethically. They are the person how helps to provide legal advices so that better outcome can be
achieved any of the client. It is necessary that lawyer must not try to take those decision due to
which other life is affected because they are expertise in their field. Even they are required to
maintain the discipline while drafting any of the letter to opposition party and legal formate must
be followed in this situation.
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REFERENCES
Annas, G.J., Crosby, S.S. and Glantz, L.H., 2013. Guantanamo Bay: a medical ethics–free
zone?. New England Journal of Medicine, 369(2), pp.101-103.
Banks, C., 2018. Criminal justice ethics: Theory and practice. Sage Publications.
Boon, A., 2014. The ethics and conduct of lawyers in England and Wales. Bloomsbury
Publishing.
Gillers, S., 2014. Regulation of lawyers: Problems of law and ethics. Wolters Kluwer Law &
Business.
Heath, J., 2014. Morality, competition, and the firm: The market failures approach to business
ethics. Oxford University Press.
Inghilleri, M., 2013. Interpreting justice: Ethics, politics and language. Routledge.
Morgan, D., 2012. Issues in medical law and ethics. Routledge-Cavendish.
Parker, C. and Evans, A., 2018. Inside lawyers' ethics. Cambridge University Press.
Prentice, R.A., 2015. Behavioral ethics: Can it help lawyers (and others) be their best
selves. Notre Dame JL Ethics & Pub. Pol'y, 29, p.35.
Sternlight, J.R., 2012. Psychology for lawyers: Understanding the human factors in negotiation,
litigation and decision making. American Bar Association Publications.
Zipursky, B.C., 2011. Legal Positivism and the Good Lawyer: A Commentary on W. Bradley
Wendel’s Lawyers and Fidelity to Law. Georgetown Journal of Legal Ethics, 24(1165).
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