QUESTION 1 PROFESSIONAL CONDUCT AND THE LEGAL PROFESSION: PRE ADMISSION EXPECTATIONS The situation as is, requires an analysis of the considerations that go into determination of the expected conduct of an aspiring Advocate. Before a person is called to the Roll of Advocates, they must satisfy particular requirements for the Legal Practitioners Board to accept their applications for admission to practice as members of the Bar to the Supreme Court of Queensland. This brief analysis will consider the position of Ali Khan regarding the objections that have been raised against his admission to the Bar. It shall begin by the arguments for admission and the arguments against and make a conclusion. Problem Statement: Ali Khan has made an application for admission. We are told he satisfies all the requirements to practice law before the Supreme Court of Queensland. However, there have been raised objections by certain objectors who believe that due to particularized allegations Mr. Khan ought not to be admitted to practice before the Supreme Court of Queensland. There are allegations that he has close ties to Islamist forces in the country which have engaged in particular activities of protest. Additionally, he has been convicted before for tow offences for being on land unlawfully without excuse. Arguments for: The first argument as to why Ali ought to be admitted as a lawyer of the Supreme Court of Queensland is that he satisfies the eligibility criteria as set out under the
The decision was made on the 13th of December 2013 that the appeal would be dismissed and the sentence upheld. (7) Explain the role of the legal representation: During Lane’s case there were many legal professionals
In order to complete this assignment we must first recognize what Unauthorized Practice of Law is when it comes to paralegals. There is no set definition on what UPL is but as a paralegal there are guidelines to go by. Some ways they can violate the practice of law would be an individual holding themselves as an attorney when they are paralegals, giving legal advice as an attorney would, or representing clients in a court of law. All of the previous are violations and can be subject to several disciplinary actions [ (Unauthorized Practice of Law, 2010) ]. It has been named illegal due to the damages on may suffer due to bad legal advice. In some states it is considered a criminal offense and could be given a jail sentence.
Avoiding the pitfalls of the unauthorized practice of law, also known as UPL, is one of the most important duties that all legal professionals or aspiring law students should learn and integrate into their law career, in order to maintain impeccable ethics and conduct at all times. Clear rules and regulations must be followed in regards to the unauthorized practice of law. Thus, in order to avoid the unauthorized practice of law, one must first know what it is by definition and how it pertains to their best practices and due diligence. Furthermore, the violations of one’s failure to comply with the rules and regulations for UPL, may be costly in more ways than one.
Your managing partner has handed you the Supreme Court of Queenslands’ decision in The Public Trustee of Queensland and Anor v Meyer and Ors [2010] QSC 291 and asked you to answer the following questions. You should assume you are answering questions for someone who has not read the case, so be sure to provide sufficient detail in your answers. You do not need to provide reference details for Part A of the assignment.
All training required for judges, public defenders and prosecutors require a law degree and membership in The American Bar Association in which the state they practice law in. The American Bar Association set professional standards for conduct and certification for lawyers starting in the 19th century (Gufaston& McClellon, 2012). A new model code of professional responsibility has mandated conduction of the procedures of trials that must conform to the core requirements of law set with specific standards (Pollock, 2014). For this very reason of non reliability in regards to set training standards of particular types of lawyers and established practice, Burger (1973) contended that how lawyers trained in and after law school, will ultimately dictate their proficiencies as counsel in our adversary criminal justice system. This will eventually decide the virtue and essence of our justice within the system of courts. With hardly any if not non existent live training in the court system, no required or developed standard is set strictly for attorneys’ and judges to complete; reassuring individual rights of citizens are upheld to the highest standards during the legal process, proving these law practitioners’ are truly proficient in conducting their vital positions as expected in the Constitutional performance of protecting people’s rights (Burger, 1973). The general public assumes that every graduate law student, merely through designation from the bar which then
All training required for judges, public defenders and prosecutors require a law degree and membership in The American Bar Association in which the state they practice law in. The American Bar Association set professional standards for conduct and certification for lawyers starting in the 19th century (Gufaston& McClellon, 2012). A new model code of professional responsibility has mandated conduction of the procedures of trials that must conform to the core requirements of law set with specific standards (Pollock, 2014). For this very reason of non reliability in regards to set training standards of particular types of lawyers and established practice, Burger (1973) contended that how lawyers are trained in and after law school, will ultimately dictate their proficiencies as counsel in our adversary criminal justice system; eventually deciding the virtue and essence of our justice within the system. With hardly any if not non existent live training in the court system, no standard procedure is developed and required strictly for attorneys’ and judges to complete; reassuring individual rights of citizens are upheld to the highest standards during the legal process, proving these law practitioners’ are truly proficient in conducting their vital positions as expected in the Constitutional performance of protecting people’s rights (Burger, 1973). The general public assumes that every graduated law student is accomplished enough, merely through designation from the bar which then qualifies the individual capable to immediately practice and counsel within the court system (Burger,
In beginning my research assignment on the paralegal profession and its impact on ethics, I recalled the information that I learned from Chapter 8 Online Search Techniques: Learning the Methods in the “Legal Research and Writing for Paralegals” textbook. Prior to my search commencing I recalled from Chapter 9 that the most common URL suffixes are .com, .org, .net, .gov, and.edu; but to use my best judgment to determine the accuracy and reliability of a Web site. I learned that search engines provide the link to the Internet or World Wide Web. This process assisted me in gathering information based upon a given set of search terms. I performed a key word search using the Google search engine. Google provides general and advanced searches with an extensive database. I entered in the query “paralegal ethics.” I avoided using the noise word “and” by placing a space between two words which is automatically considered “and” on Google.com. Of the 649,000 results I used the first result from www.nala.org/code.aspx. This was the website of NALA, the National Association of Legal Assistants. “NALA Code of Ethics and Professional Responsibility” was first adopted by the NALA in May of 1975. It is the foundation of ethical practices of paralegals in the legal community. The performance of the duties of a paralegal are governed by specific canons as defined in NALA Code of Ethics and Professional Responsibility so that justice will be served and goals of the profession attained. The
You have asked me to summarize the Supreme Court of Canada decision in Doré v Barreau du Québec, 2012 SCC 12, SCR 395 and analyze whether the Law society is likely to sanction Evan Frank. Although the Rules of Professional Conduct place limitations on certain conduct to ensure professionalism, the expressive rights of lawyers must be given due respect and the likelihood of Mr. Frank’s sanction will depend on a fair balance of “expressive value” of the content in the letter, with the public’s expectation of professionalism.
Mason and McHugh argue against the support of free legal representation though do address the basis of the claim and how it appears fall under the ICCPR’s standards. by referring to paragraph Article 14 of the ICCPR states, ‘In the determination of any criminal charge against him, everyone shall
Acting as a legal practitioner is considered a “great privilege” and “offers the opportunity to serve the community in a profoundly important way.” Lawyer’s roles as officers of the Court and administrators of justice give them a monopoly on the delivery of counselling and representation services. In order to “maintain their capacity to serve the community” , legal practitioners must accept that they are
Everywhere you go and in everything you do, professionalism comes in to account in some way or another. Professionalism has been defined as, “a strict adherence to courtesy, honesty and responsibility when dealing with individuals or other companies in the business environment” (Clarke, 2015). When it comes to the career of nursing, professionalism is taken to a whole other level. Not only does professionalism come in to account with your business professionals and peers, but you have patients with whom professionalism is highly practiced as well. Professionalism in nursing means that you are able to handle all the responsibilities given to you in an efficient and proper way. It means that when you are given an order that needs to be carried out by a doctor or a patient who needs your help, you adhere to what is being expected of you in a timely manner. Physicians put trust into nurses in order to carry out orders that are needed to save patients’ lives. If you’re not looked at as professional and responsible, it is going to be very hard to have a successful career. Responsibility is what nursing is all about. Professionalism in nursing means that along with taking on big responsibilities, you have discipline. Discipline in nursing is crucial to being successful. Not only to keep your patients safe, but so that you personally are on the ball and looked at by others as professional, therefore, making you a great nurse. Professionalism means that you have the
The Merriam-Webster Online Dictionary defines professionalism as the conduct, aims, or qualities that characterize or mark a profession or a professional person. Yet the White Paper on Pharmacy Student Professionalism says it is displaying values, beliefs and attitudes that put the needs of another about your personal needs. There is still another definition. The Medical Professionalism Project says professionalism is the basis of medicine's contract with society. It demands placing the interests of patients above those of the physician, setting and maintaining standards of competence and integrity, and providing expert advice to society on matters of health. In my opinion, a person's attitude, values, and behaviors
that many may not be able to pay with cash and may have to take up a
Professionalism can be defined as “the conduct, aims, or qualities that characterize or mark a profession or a professional person.”(Merriam-webster) My interpretation of this definition is that professionalism is a standard that we must hold ourselves accountable to in order to provide the best service. How do we get from a basic understanding of this definition, to practicing and applying professionalism? Major attributes that lead to professionalism can include accountability, communication and reflective practice. Reflective practice in the healthcare system is when “practitioners engage in a continuous cycle of self-observation and self evaluation in order to understand their own actions and the reactions they prompt in themselves” (becoming a better university teacher…). In the day-to-day life, everyone performs a type of reflection whether it is by unconscious thought or by habit. When it is unintentional it is hard to learn and grow from the knowledge that can potentially be gained. Therefore we need to find a way to effectively incorporate reflective practice into our daily lives, especially as radiation therapy students.
‘What kind of lawyer do I want to be’ is a very wide question open to a whole range of interpretations. Choosing to study Law at university almost certainly means becoming either a barrister or a solicitor will be the route to follow, but this choice as well as deciding whether to practice civil or criminal law is one which requires substantial thought. Having carried out work experience at my local Crown Court, and visited the Exeter Crown Court, it has impacted how I see my future. Additionally, my independent research coupled with seminar tasks in negotiation and advocacy have also helped to shape my decision. These experiences have brought to my attention a range of ethical concerns within the courtroom, however there are two issues in particular that have stood out. The first being cross-examination of vulnerable witnesses and defendants, for example, the elderly, rape victims, and children, and the second issue being legal aid and its impact. Learning about legal aid within the legal foundations course has opened my eyes to the struggle of the ‘ordinary person’ unable to obtain legal advice, and the significant, increasing divide between city firms advising corporate clients and the ‘high street firm’ advising the everyday citizen. Both of these issues have impacted on how I see my future as a lawyer.