Assessment task details and instructions
Word count 1800 including footnotes. No bibliography.
Osocla referencing
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”.Discuss
– Daniel Bussel, ‘No Conflict,’ Georgetown Journal of Legal Ethics (2012)
Critically assess whether the law relating to conflict of interest needs to be amended.
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.
Assessed intended learning outcomes
On successful completion of this assessment, you will be able to: –
Knowledge and Understanding
1. To understand the relevant rules and issues governing the relationship with the client in the context of the principles relating to confidentiality.
2. To understand more of the relevant professional requirements of client care communications.
3. To demonstrate a knowledge of the dangers facing lawyers who breach confidentiality principles.
Practical, Professional or Subject Specific Skills
1. To be able to apply the duties relating to confidentiality in practice in a legal context.
2. To recognise the risk for lawyers in potential, practical confidentiality situations.
3. To identify the necessary steps to be taken to avoid liability in confidentiality matters.
Transferable Skills and other Attributes
1. To 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.
