Demonstrate a knowledge of the dangers facing lawyers who breach confidentiality principles.

Assessment brief and instructions

You should address the following question:

“As law firms have grown in size and reach, and as institutional clients have adopted the practice of engaging lawyers from a variety of firms on a case-by-case rather than a general retainer basis, the rule has become increasingly out-of-touch with the realities of modern law practice”.

Daniel Bussel, ‘No Conflict,’ Georgetown Journal of Legal Ethics (2012)

Critically assess whether the law relating to conflict of interest needs to be amended.

Assessment brief and instructions

You should address the following question:

“As law firms have grown in size and reach, and as institutional clients have adopted the practice of engaging lawyers from a variety of firms on a case-by-case rather than a general retainer basis, the rule has become increasingly out-of-touch with the realities of modern law practice”.

Daniel Bussel, ‘No Conflict,’ Georgetown Journal of Legal Ethics (2012)

Critically assess whether the law relating to conflict of interest needs to be amended.

Points to note:

•Note that higher marks are awarded for depth of analysis;

• You will need to consider the historical basis of the rule the current law with any relevant case law and whether the law maintains the correct balance between lawyer and client;

• There is no right or wrong answer. It is the quality of your analysis which will generate the higher marks.

• You must include a word count with your work. The bibliography is NOT included within the word count. However, footnotes ARE INCLUDED within the word count. The word count is 2000. There is a 10% leeway permitted if needed, thus you may exceed the word count within said 10% without incurring a penalty. For the avoidance of doubt this amounts to NO MORE than 2200 total words.

• In addition please also note that any false misrepresentation of the assessment word count within the required coversheet will amount to academic misconduct, and thus subject to the University academic misconduct procedure which can be found via the following link: .pdf

Assessed intended learning outcomes

On successful completion of this assessment, you will be able:

Knowledge and Understanding

1.Understand the relevant rules and issues governing the relationship with the client in the context of the principles relating to confidentiality.

2.Understand more of the relevant professional requirements of client care communications.

3. Demonstrate a knowledge of the dangers facing lawyers who breach confidentiality principles.

Practical, Professional or Subject Specific Skills

1. Be able to apply the duties relating to confidentiality in practice in a legal context.

2.Recognise the risk for lawyers in potential, practical confidentiality situations.

3. Identify the necessary steps to be taken to avoid liability in confidentiality matters.

 

Transferable Skills and other Attributes

1.Demonstrate the ability to write in a clear and unambiguous manner using correct terminology.

2. Structure opinions on client care issues in a legal environment that are objective and ethical.

3. Ability to write a concise and comprehensive report on a key issue facing organisations.

4. Analytical and problem-solving abilities.

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