Professional Responsibility

Semester 2 2018

 

Mid-Semester Assignment

 

Word Length:                        2500 – plus or minus 10%

Weighting:                             40% of the total marks for the unit

Style:                                      strict adherence to the AGLC; a bibliography IS required.

Topic:

Discuss, with reference to appropriate authority and legislation, the accuracy of the following statement:

 

The commission of an act of dishonesty, particularly fraud, really irrespective of context or the subsequent effluxion of time, is an inevitable insurmountable barrier to the perpetrator gaining admission as a legal practitioner in Australia.

 

Marking Rubric:

Style:              2/40

Research:      8/40

Structure:       10/40

Content:         20/40

 

ANSWER SUMMARY 

 

Legal practice is often deemed a sensitive profession as it bears the public expectations and perceptions. In most part, it prefers a self-regulatory formula where it institutes controls to weed out unethical characters either aspiring to join the legal practice and those already practicing. Ideally, this piece focuses on those who are aspiring to join, and the fraudulent misconduct that commonly afflicts such characters is fraudulent academic misconduct such as plagiarism and collusion. Manifestly, this position is illustrated by the array of cases presented each focusing on specific matters.[1] Notably, there are unintended repercussions such as; the incentive to disclose, the reputation of academic institutions and intensive resources used to investigate and make deliberations of the disclosures made as per the alleged misconduct.

[1] Law Society of Tasmania v Richardson [2003] TASSC 9; Re AJG [2004] QCA 88; Re Liveri [2006] QCA 152; Re Humzy-Hancock [2007] QSC 34; In the matter of OG, a Lawyer [2007] VSC 520

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