Professional Conduct

Module title	Professional Conduct
Module code	LAWM136
Academic year	2019/0
Credits	15
Module staff	Mr David Tyzack (Convenor)

Duration: Term	1	2	3
Duration: Weeks	2

Number students taking module (anticipated)	20

Module description

This module has been designed, and will be delivered, by a former barrister, Queen’s Counsel and Judge with extensive knowledge and experience of practising the law and trying civil and criminal cases in courts in the UK.

This module assumes that you will already have a clear understanding of basic legal concepts e.g. the difference between civil and criminal work, a knowledge of criminal law, contract and tort law, and civil and criminal procedure.

The module will introduce you to some fundamental guiding principles and theories, in a legal context, which underpin the Rule of Law in the UK – but which ought to apply in any civilised, democratic society anywhere in the world. You will study these theories in sufficient depth to understand how ethics played (and plays) an important part in shaping and maintaining high standards of professionalism in both lawyers and the judiciary. You will be able to define professionalism and recognise it in your future practice of the law. You will be able to identify its importance.

You will be shown how, historically, the two branches of the legal profession emerged – solicitors and barristers - and how each came to be separately regulated. You will be shown in broader outline the wider political and constitutional context including the development of the separation of powers.

This background will enable you to understand how judges are appointed in the UK (the role of the Judicial Appointments Commission) and how and why high standards of professional ethics are an essential requirement for judicial appointment. You will study the role of the regulators – The Bar Council, the Solicitors’ Regulation Authority and the Judicial Conduct Investigation Office and will be shown how misconduct is dealt with by the relevant regulators.

In addition to formal lectures and teaching in seminars, you will spend time in smaller groups considering actual case studies and questions, so as to further your knowledge and understanding of the issues covered in this module, and you will be given opportunities for written and oral presentations.

This module may enable you to develop a further interest into other related academic topics e.g. the tension between politics, law and ethics; into a study of human rights, and also more deeply into ethics.

Please note that this module is only available to those studying on the Contemporary Legal Studies in Bangkok programme.

Module aims - intentions of the module

The aim of this module is to provide you with a solid knowledge and understanding of the law relating to professional conduct, including how misconduct is dealt with.

The module will focus on the following issues:

- The history and development of professional legal regulation.

- Ethics and professional standards;

- The regulation of judicial conduct;

The regulation of solicitors and barristers in England and Wales.

Intended Learning Outcomes (ILOs)

ILO: Module-specific skills

On successfully completing the module you will be able to...

1. apply knowledge, understanding and problem-solving abilities to issues relating to professional conduct
2. Explain in detail the rationale behind the adoption of regimes designed to protect standards
3. explain and analyse the role of the law and professional standards, and how ethics operate in this context.

ILO: Discipline-specific skills

On successfully completing the module you will be able to...

4. Effectively select, integrate and present coherently and reflectively, relevant law and legal/theoretical arguments
5. Effectively integrate and assess information from a wide variety of primary and secondary legal sources, using this to produce reasoned arguments and analysis in relation to legal issues.

ILO: Personal and key skills

On successfully completing the module you will be able to...

6. Effectively, confidently and autonomously manage relevant learning resources/ information/ learning strategies and to develop own reasoned arguments and opinion
7. communicate and engage in debate effectively and accurately, orally and in writing, in a manner appropriate to the discipline and context.

Syllabus plan

Whilst the module’s precise content may vary from year to year, it is envisaged that the syllabus will cover some or all of the following topics:

Judiciary and Legal Professionals (the Bar and Solicitors) – historical context – how an independent judiciary came into being – essential components – separation of powers – why important? Academic theories - need for trust, honesty, integrity and transparency – how the 2-branched profession developed in England.
Essential elements of professionalism

Integrity, Objectivity and Independence
Professional Duties of Confidentiality
Honesty
Upholding the Rule of Law
Checks and balances – the citizen and the state – representing the state
Conflicts of Interest
Overall – the maintenance of the highest possible standards

3. What happens in a state when its leaders and citizens abandon professional standards?

Case studies – Nazi Germany, South Africa before 1993 and Zimbabwe.

4. Ethics and professional standards – the importance of professionalism – for the individual client (citizens) – for the state and the overall interests of justice (natural law) – academic theories.

5. How professional conduct is regulated and how misconduct is dealt with:

The judiciary – role of the JCIO (history/functions/punishments/transparency)
The Bar – Bar Council
Solicitors – SRA
Case studies – in each e.g. the R v Bow Street Metropolitan Stipendiary Magistrate, ex parte Pinochet Ugarte (No 2) [2000] 1 AC 119 and Hoekstra v. H.M. Advocate (No. 1) 2000 S.L.T. 602.

Learning activities and teaching methods (given in hours of study time)

Scheduled Learning and Teaching Activities	Guided independent study	Placement / study abroad
40	110	0

Details of learning activities and teaching methods

Category	Hours of study time	Description
Scheduled Learning & Teaching Activities	40	10 x 4hr Seminars, interactive teaching
Guided independent study	45	Preparation for seminars
Guided independent study	10	Preparation and delivery of presentation
Guided independent study	55	Preparation of Essay

Formative assessment

Form of assessment	Size of the assessment (eg length / duration)	ILOs assessed	Feedback method
Presentations	10 mins	1-6	Oral

Summative assessment (% of credit)

Coursework	Written exams	Practical exams
100	0	0

Details of summative assessment

Form of assessment	% of credit	Size of the assessment (eg length / duration)	ILOs assessed	Feedback method
A problem based essay	100	5000 words	1-6	Written feedback

Details of re-assessment (where required by referral or deferral)

Original form of assessment	Form of re-assessment	ILOs re-assessed	Timescale for re-assessment
A problem based essay	A problem based essay (5000 words)	1-6	December

Indicative learning resources - Basic reading

Basic reading:

Andrew Boon Lawyers’ Ethics and Professional Responsibility (2014, Hart).

Andrew Boon The Ethics and Conduct of Lawyers in England and Wales (2014, Hart).

Andrew Boon International Perspectives on the Regulation of Lawyers and Legal Services (Hart, 2017)

Jonathan Herring Legal Ethics (2017, OUP).

Legal Ethics, journal.

Key words search

'professional', 'professionalism', 'ethics', 'ethical', 'conduct', 'amoral', 'misconduct', 'judicial', 'legal', 'privilege', 'confidential', 'criminal'. 'paternalism' 'autonomy', 'fiduciary'

Credit value	15
Module ECTS	7.5
Module pre-requisites	Module only available to students on the following programmes: Contemporary Legal Studies in Bangkok.
Module co-requisites	None
NQF level (module)	7
Available as distance learning?	No
Origin date	01/07/2019
Last revision date	28/08/2019