LAW LP - Week 8 - Competent Lawyers PRACTICE QUESTIONS ALREADY PASSED

Defining the Duty What are lawyers' duties of 'competence' and 'care'? How do they arise? 1. Common law - contract and tort 2. Equity 3. Statute law - ACL 4. Professional regulation (ie. ASCR/ BR 2011) - The common law, equity and statute law impose a number of obligations on lawyers when they carry out legal work. The law of tort and the law of contract impose an obligation to exercise reasonable care. The law of equity imposes fiduciary obligations. Statute law, including the Competition and Consumer Act 2010 impose an obligation not to engage in conduct that is misleading or likely to mislead. Breach of one of these obligations may result in liability to a client, or in some cases to a third party, to pay damages or other compensation. What is Competence and Care? - An absolute standard? - Contextualised by particular needs of an individual client - Legal knowledge used to give effect to the legitimate goals of clients - What is the relationship between competency and ethical behaviour?