James Cook University Subject Handbook - 2023

LA4038 - Legal Ethics and Trust Accounting

Subject Description

The subject covers the rules of ethics and professional conduct, including the statutory and other requirements for the maintenance of Trust Accounts, that are relevant and required for practice as a member of the legal profession in Queensland.

Learning Outcomes

• demonstrate knowledge and understanding of the functions, duties and privileges of solicitors and barristers in democratic capitalist society; the structure of the legal profession in Queensland and in other Australian jurisdictions and of the regulatory scheme and specific parts of the scheme, enacted in The Legal Profession Act 2004
• demonstrate knowledge and understanding of the meaning and nature of ethics and professionalism and how such forces interact with the practice of law and of the consequences of unethical and unprofessional behaviour
• demonstrate knowledge and understanding of the responsibility of lawyers for outcomes based on the processes that they are empowered to initiate as professionals and of key concepts and organising principles which form the basis of ethical practice in law including its political framework, social and gender dynamics, business practices and cultural makeup
• demonstrate an ability to communicate effectively an understanding of the complex legal and ethical solutions that can arise in the study and practice of law and other professions (generally);the appropriate steps that can and should be taken in advance to avoid these risks; and an understanding of the implications for law reform, policy and practice and the application of law to solve particular problems
• demonstrate an ability to recognise and suggest solutions to trust account related problems which may arise in legal practice; knowledge and understanding of general accounting principles and the legislative requirements governing the operation of trust accounts in a legal practice setting and to accurately complete all documentation required for the proper operation of a trust account under the relevant legislative requirements

Subject Assessment

• Written > Test/Quiz 1 - (30%) - Individual
• Written > Examination (College administered) - (70%) - Individual

Note that minor variations might occur due to the continuous subject quality improvement process, and in case of minor variation(s) in assessment details, the Subject Outline represents the latest official information.

Inadmissible Subject Combinations:  LA4009 and CO3201

Availabilities