Lawyer-client relationship: duty of competence, care and loyalty Flashcards
What does competence mean?
- the ability to perform a range of legal tasks and solve a range of legal problems according to measurable standards within the framework of the rules of conduct and ethics of the legal profession
- it is a minimum standard and one that is constantly changing
- its about how a lawyer uses their skills and knowledge to help achieve the goals of the client
List some values of competence 4
- problem-solving capabilities
- attitudes of professional responsibility
- sensitivity to client needs and concerns
- knowledge of the law, practice and procedure
What is the standard of care required?
- Rogers v Whitaker 1992 175 CLR 479 provides for a common law test for an objective standard of care as a reasonable and competent degree of skill
Discuss points for whether or not there should be different standards for a specialist lawyer?
What financial assurance is there for clients if they are successful in a cliam against their lawyer?
Discuss the for and against for advocate’s immunity
What is professional indemnity insurance?
Why is loyalty so important?
What is a lawyer’s duty of confidentiality and why is it important?
List some of the circumstances in which confidential client information can be disclosed and from what part of the law
What is legal professional privilege? (LPP)
How is LPP different from the duty of confidentiality?
What is conflict of interest?
What are a lawyer’s responsibility in relation to conflicst of interest?
Why are conflicts of interest so common today?
