Introduction The Autumn Final Exam in this Subject will be undertaken in an online format. This means that: There will be NO face to face examinations The exam will be held at a time designated by the University Exams Unit and announced via the University Exam Timetable OR will be at the time specified by your Subject Coordinator, if the exam has not been formally scheduled in the University Exam Timetable The text of the exam will be released via vUWS at a time consistent with the University Exam Timetable OR the information provided by your Subject Coordinator where the exam has not been formally scheduled in the University Exam Timetable All examinations must be typed with a word processing software (such as Microsoft Word). No handwritten submissions are permitted; Your answer to the exam must be uploaded to a specific exam-related Turnitin link by the end of the allowed time for the exam – late submissions will not be marked. Duration The final exam for this Subject will be 24 hours from the designated start time on the Exam Timetable for this exam. (Students with additional time for take home exams under their AIPs will be permitted additional time). Students are not expected to spend 24 hours answering this exam. A well-prepared student should be able to complete the exam in 2-3 hours. The 24 time period is to allow students flexibility as to when they attempt the exam. Word length The maximum word length for the exam responses is 3000 words (including references). Markers will be instructed to stop marking once a student's paper reaches the maximum word length. Materials The exam will be open book and you will be allowed to access any printed or digital material. Referencing AGLC citation is NOT required. Bibliographies are not required. Footnotes and endnotes are not required. However, sources must be cited and failure to acknowledge sources may contribute to an allegation of academic misconduct. Here are some examples of how you may cite your sources: Instead of referencing Trident General Insurance Co Ltd v McNiece Bros Pty Ltd (1988) 80 ALR 574, 586 (Brennan J) you may cite: “Brennan J in Trident”. Instead of referencing the full case citation Trident General Insurance Co Ltd v McNiece Bros Pty Ltd (1988) 80 ALR 574 you may cite: "Trident" Instead of referencing JD Heydon and MJ Leeming, Cases and Materials on Equity and Trusts (LexisNexis, 9th ed, 2018) 208 you may cite: “Heydon and Leeming at 208”. When citing legislation, students only need to write and underline the (short) title of the legislation, eg. Frustrated Contracts Act, or you may cite a commonly used abbreviation, eg ACL for Australian Consumer Law. Access to exam paper On the date and time specified for this exam, a folder will appear containing the exam paper and the Turnitin link for you to upload your response. You will need to download the exam script Document from vUWS onto your computer. Submission of response All examinations must be typed with a word processing software (such as Microsoft Word). No handwritten submissions are permitted. Your response to the exam questions must be uploaded to Turnitin in a format that can be ‘checked for similarity’ by Turnitin, which means the document usually is a Word document, a text document or a PDF saved in text readable or ‘highlightable text’ format as a typed word or typed PDF document by the deadline. Your response should make clear which question(s) you are answering (eg by using appropriate headings -Part A, Question 1 etc). There are no other prescribed formatting requirements other than the requirement to use standard formatting: font (Arial/Calibri/Times New Roman or similar) • text size (10 to 12 point) • standard spacing (1.5 – 2.0 line spacing) • standard margins. LATE SUBMISSIONS WILL NOT BE ACCEPTED. The exam for this Subject is a timed exam, and must be submitted to the Turnitin link by the deadline OR IT WILL NOT BE ACCEPTED. This is a formal examination and extensions are not permitted for any reason. All submissions are time-stamped. All submissions uploaded after the deadline will be rejected as non-submissions and therefore not marked. If you experince illness or misadventure and are unable to complete the exam by the due date and time, you must apply for a deferred exam. See: https://www.westernsydney.edu.au/currentstudents/current_students/exams/deferred_exams If you experience any technical difficulties in uploading your response to Turnitin, you must email your response to your Subject Coordinator PRIOR TO the due date and time, as evidence that you completed the exam on time. It will be at the Subject Coordinator's discretion as to whether they accept this submission. LAWS2015 Professional Responsibility & Legal Ethics Extra guidance regarding the final examination Composition of the final examination The final examination is comprised of two (2) questions: Q1 - is a problem question worth 35 marks Q2 - is an essay question worth 10 marks. It is divided into two parts (both worth 5 marks each) There is no choice in questions. All questions must be answered. Focus topics to be examined (for the final examination) All topics within the subject may, potentially, be used to answer parts of problem and essay style questions. However, the ‘particular’ focus of the final examination will be on the topics listed below. Week 03 Week 06 Week 10 Week 11 Week 12 Week 13 Week 14 The Lawyer-Client relationship (but not Admission) Confidentiality (but not Legal Professional Privilege) Cross-cultural communication, Aboriginal Clients & witnesses, Gender, sexuality & disability Duty to Court, Duty to Obey and Uphold the Law Criminal Practice Professional Colleagues, Third Parties & Undertakings The Disciplinary Jurisdiction, Types of Misconduct (but not The Disclosure Regime) The ‘focus’ topics for the deferred exam may be different to the above. Further details of the topics to be covered in the deferred exam will be provided to students who are approved for the deferred exam. Particular advice You should examine the examination-marking rubric, as provided in the Learning Guide. Preparation (answering questions) For the purpose of the problem style question you are guided as follows. You should practise producing full answers to the 2020 and 2021 exam papers and seminar questions that require the application of legal authorities to an extended set of facts, and the viva voce scenarios. It is recommended that you use the IRAC framework (as discussed throughout this subject), with a focus on defining the issue in the form of a question and ensuring that your explicit statement of the relevant legal principle is clearly applied to the relevant stated facts. For the purpose of essay style question you are guided as follows. You should practise producing full answers to the 2020 and 2021 exam papers and seminar questions that require some comprehension, analysis or argument. You should consider the ‘reflections’ questions that appear at the end of every set of seminar questions. Reflect on the readings and discussion from today’s class, and prepare a short response that addresses the following: (a) Why does the law surrounding these elements of professional responsibility exist, and what does this tell us about the unique circumstances of the legal profession? (b) What is your view on the utility or merits of the law in these areas? (c) What norms of professional practice could, or should, be implemented to better uphold the relevant goals for the legal profession? 3. You should consider the learning outcomes for each topic and for the unit as a whole (as extracted immediately below). (a) Identify and explain the professional obligations of legal practitioners in an historical, ethical and regulatory context with reference to the duties of legal practitioners (b) Communicate in a professional manner and context (c) Consider the link between legal, psychological and cultural factors that underpin professional ethical decision-making (d) Demonstrate an understanding of the necessity for legal practitioners to effectively and ethically communicate across cultures, particularly with Aboriginal and Torres Strait Islander peoples. Style & Referencing These comments are directly related to the clarity of the ideas that you need to share in your writing. We are guided by professional writing standards. You are required to write in full prose sentences. However, dot points are acceptable to the extent that you use them sparingly and concisely – that is, they may be employed but should not be preferred. You may use subheadings to divide up parts of your responses. Referencing needs to provide sufficient detail to allow the examiner to understand what the relevant source is but needs not be overly detailed – see the information in the ‘Exam information 24 hour take home exams 2022’ file.