LLW3009: Lawyers' Ethics and Responsibility Assignment

This assignment analyzes the ethical and professional responsibilities of lawyers, focusing on a case study involving a legal practitioner named Dhillon and his cousin Freya. The assignment explores the concepts of fiduciary duty, client confidentiality, and conflicts of interest within the lawyer-client relationship. It examines the application of legal principles and regulations, including the Legal Practice Act 1996 in Victoria and professional conduct rules, to the scenario. The analysis addresses Dhillon's potential conflicts and obligations in representing his cousin, considering his inexperience in civil litigation and the importance of acting in the client's best interest. The assignment emphasizes the duty of care, the need for honest and reasonable conduct, and the avoidance of misleading statements to the court. The document references relevant legal sources to support its arguments.

Running head: ETHICS AND RESPONSIBILITY OF LAWYERS
Ethics and responsibility of lawyers
Name of the Student
Name of the University
Author Note

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Answer to Question 1:
According to the scenario, Dhillon is the cousin of Freya who is the co-owner of the
Freico Pty Ltd. Freya desires to file a case against the co-owner, Rico Bellini on the charge of
utilising $290,000 from the account of the company for his personal usage. At first, Dhillon was
apprehensive to take the case as he is not proficient with the civil litigation and commercial
disputes legal system. As he is a cousin to Freya and a next-door neighbour, Freya approached
him to take up her case and fight in the court of law. However, because of the inexperience of
Dhillon, she refused. The relationship between Dhillon and Freya is of being a cousin and hence,
Dhillon feels to help her during the tough time. However, he refers here to one of his
experienced friends in the legal front for her help. Freya refuses and shares that Dhillon should
be managing the case as she does not have enough money to afford for a private firm. This type
of a relationship and frankness is likely to be established between a lawyer and a client only
when they have known each other for a long time or since childhood. A lawyer's lawful expertise
and preparing, together with the relationship of trust and certainty among legal counselor and
client, make the chance of exceeding when the legal counselor partakes in a business, property or
budgetary exchange with a client1. The connection between the legal expert and the client is a
guardian one. This emerges from the idea of the relationship which is that of trust and certainty.
The professional is the archive and trustee of the clients' privileged insights2. The law forces on
the professional certain commitments, for example that the professional may not benefit from
data gave by or having a place with the client or gained over the span of representing the client,
like trustees in the law of value. A specialist has no obligation to acknowledge a case or to
1 Peter G. Klein, Robert Joseph Wuebker and Kathrin Zoeller, "Relationship Banking And Conflicts Of Interest: Evidence From German Initial
Public Offerings" (2017) 84 SSRN Electronic Journal.
2 Jennifer M. Pacella, "Advocate Or Adversary? When Attorneys Act As Whistleblowers" (2015) 28 SSRN Electronic Journal.

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attempt work for a client. In any case, when work is acknowledged, an obligation of care
emerges to take sensible consideration not to make misfortune or harm the client in the direct of
the case or accomplishing the work for the client.
Answer to Question 2:
A practitioner must, over the span of taking part in lawful practice, act sincerely and
reasonably to clients' greatest advantage and keep up clients' confidences. A lawyer ought to
consent to represent a client in an issue just when the practitioner sensibly hopes to serve the
client genuinely and decently, and with ability and tirelessness; and to take care of the work
required with sensible expeditiousness. As per the Legal Practice Act 1996 in Victoria, a
specialist is subject to speak to their quick individuals in the family who might be a spouse, or
children, grandchildren, sibling, parent or grandparent of the expert3. After breaking down the
case situation, it very well may be found out that Dhillon will have the option to represent Freya.
A practitioner must look to progress and ensure the client's advantages to the best of the lawyer's
aptitude and tirelessness, uninfluenced by the professional's very own perspective on the client or
the client's exercises, and despite any undermined disagreeability or analysis of the specialist or
some other individual, and consistently as per the law including these standards. A lawyer must,
where fitting, educate the customer about the sensible accessible options in contrast to
completely challenged arbitration of the case except if the practitioner accepts on sensible
grounds that the client as of now has such a comprehension of those options as to allow the client
to settle on choices about the client's eventual benefits according to the prosecution. Dhillon is
liable to adhere to the law of the court and speak for Freya in the court and submit to the
standards and liabilities of an attorney to properly represent his customer. In any case, there is no
3 "Professional Conduct And Practice Rules 2005", Liv.Asn.Au (Webpage, 2010) <https://www.liv.asn.au/PDF/Practising/Professional-
Standards/Acts/2005ConductRules.aspx>.

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doubt of being biased to the confirmations that have been accumulated from the client and speak
to without inclination in the official courtroom. A practitioner must not go about as the
unimportant mouthpiece of the client or of the educating professional and must exercise the
criminological decisions called for during the case autonomously, after suitable thought of the
client's and any teach practitioner's desires where practicable. A professional must not purposely
offer a deceptive expression to a court. A professional must find a way to address any deceptive
articulation made by the lawyer to a court at the earliest opportunity after the specialist becomes
mindful that the announcement was deceiving. Dhillon has the duty to cross-check all the data
that has been shared by Freya and finds the strategy and represents his cousin in the court.

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References
"Professional Conduct And Practice Rules 2005", Liv.Asn.Au (Webpage, 2010)
https://www.liv.asn.au/PDF/Practising/Professional-Standards/Acts/2005ConductRules.aspx
Klein, Peter G., Robert Joseph Wuebker and Kathrin Zoeller, "Relationship Banking And
Conflicts Of Interest: Evidence From German Initial Public Offerings" (2017) 84 SSRN
Electronic Journal
Pacella, Jennifer M., "Advocate Or Adversary? When Attorneys Act As Whistleblowers" (2015)
28 SSRN Electronic Journal