LAW 6501 - Lawyer's Skills

North Terrace Campus - Semester 2 - 2021

This course covers the general knowledge and skills needed to become a competent legal practitioner. Skills in this course will be further developed throughout the course and on placement. Topics include: interviewing and advising, legal writing, legal drafting, negotiation, alternative dispute resolution, and advocacy. As part of the advocacy component you will make submission to, and obtain feedback from, senior members of the legal profession at the District Court. The course is offered in partnership with South Australian practitioners, courts and agencies.

  • General Course Information
    Course Details
    Course Code LAW 6501
    Course Lawyer's Skills
    Coordinating Unit Adelaide Law School
    Term Semester 2
    Level Postgraduate Coursework
    Location/s North Terrace Campus
    Units 6
    Contact Intensive
    Available for Study Abroad and Exchange N
    Restrictions Available to GDLP students only. Not available for Study Abroad & Exchange.
    Assessment Assessment in this course will include a combination of the following: letters of advice, legal drafting, demonstration of advocacy skills.
    Course Staff

    Course Coordinator: Desiree Holland

    As course staff work in the South Australian legal profession all communication should be directed to the GDLP Coordinator, Desiree Holland in the first instance: gdlpenquiries@lawsocietysa.asn.au

    The GDLP Coordinator will contact the appropriate course staff as necessary.

    Course Supervisors:

    Maggie Yarak: Interviewing and Advising
    Anne Najjar: Legal Writing and Drafting
    Greg Rooney: Negotiation and ADR
    Elizabeth Griffith: Advocacy

    Adelaide Law School Liaison academic- Associate Professor Anne Hewitt

    Course Timetable

    The full timetable of all activities for this course can be accessed from Course Planner.

    This course will be taught intensively from 9 am - 5 pm over three days, or equivalent number of hours across several evenings. Full details of seminars and activities are made available on MyUni course website prior to the course commencing.

    Students are strongly advised to attend all seminars as assessments are linked to content taught in class. There will also be an in class assessment for Negotiation and ADR.

    Duration SEMINAR 1
    1 hr Topic 1 – Legal Writing
    2 hrs Topic 2 – Client Interviewing and Advising
    2.5 hrs Topic 3 – Legal Drafting

    Duration SEMINAR 2
    2 hrs Topic 4A - Negotiation
    2 hrs Topic 4B - ADR

    Duration SEMINAR 3
    2 hrs Topic 5A – Preparation for Trial
    2 hrs Topic 5B – Opening & Closing
    3 hrs Topic 5C Examination in Chief and Cross Examination
  • Learning Outcomes
    Course Learning Outcomes

    On successful completion of this course, students will be able to:

    1 Identify the purpose, audience and structure and construct concise and cohesive written letters, arguments, and submissions etc for a client/legal/professional/general/mixed audience in the context of social and cultural diversity.
    2 Prepare, conduct and analyse real or simulated client interviews clarify instructions and provide follow-up and advice, if
    applicable, having regard to the circumstances, good practice and the requirements of the law.
    3 Structure and sustain concise and cohesive written arguments about case analysis, statutory interpretation and relevant law using plain English principles.
    4 Prepare and analyse appropriate strategy and tactics to be used in the effective negotiation of client matters as required by law or good practice in the circumstances of the case.
    5 Reflect on their abilities to effectively undertake work as an individual.
    University Graduate Attributes

    This course will provide students with an opportunity to develop the Graduate Attribute(s) specified below:

    University Graduate Attribute Course Learning Outcome(s)
    Deep discipline knowledge
    • informed and infused by cutting edge research, scaffolded throughout their program of studies
    • acquired from personal interaction with research active educators, from year 1
    • accredited or validated against national or international standards (for relevant programs)
    4,5
    Critical thinking and problem solving
    • steeped in research methods and rigor
    • based on empirical evidence and the scientific approach to knowledge development
    • demonstrated through appropriate and relevant assessment
    1-5
    Teamwork and communication skills
    • developed from, with, and via the SGDE
    • honed through assessment and practice throughout the program of studies
    • encouraged and valued in all aspects of learning
    1-5
    Career and leadership readiness
    • technology savvy
    • professional and, where relevant, fully accredited
    • forward thinking and well informed
    • tested and validated by work based experiences
    2,5
    Intercultural and ethical competency
    • adept at operating in other cultures
    • comfortable with different nationalities and social contexts
    • able to determine and contribute to desirable social outcomes
    • demonstrated by study abroad or with an understanding of indigenous knowledges
    1-5
  • Learning Resources
    Required Resources
    No textbooks are assigned for GDLP courses.

    Seminar resources and readings are available on MyUni ONLY. Students must bring electronic devices to seminars to access seminar materials.

    Due to an emphasis on current legal practice other materials may be added after the course outline has been posted. Students are required to check MyUni daily to keep up to date.
    Recommended Resources
    Most course resources are provided to students online via MyUni. Relevant legislation can be accessed online via:

    http://www.comlaw.gov.au/

    http://www.legislation.sa.gov.au/index.aspx

    http://www.austlii.edu.au/

    MyUni will be used to post announcements, post additional lecture materials (including slides, and where available, audio recordings of lectures) and announce assignment tasks. It will also contain electronic copies of the Course Outline, Lecture and Seminar Guides, and
    Course Materials.

    Students are expected to check MyUni daily to keep up to date with these materials and additional learning resources throughout the course.

    Online Learning
    The course is supported by the MyUni course website. The website contains the following resources:

    1. Course information – including seminar schedule and assessment outline.
    2. Course materials – such as lecture presentations, seminar materials, readings and resources.
    3. Assessment – items of assessment and online submission.
    4. Grade centre – where students’ results for assessments are entered.

    MyUni will also be used to post announcements in both the course and GDLP Essentials. Students are expected to check MyUni daily to keep up to date.

    Students should check daily their University of Adelaide email.
  • Learning & Teaching Activities
    Learning & Teaching Modes
    The course will be taught intensively. Problem-solving seminars and practical exercises are supported by online lectures and readings.

    Students must come prepared for seminars and, where applicable, having listened to online lectures, undertaken prior reading and developed draft responses to seminar questions.

    A reminder that students must bring along electronic devices to the seminar so they can access the seminar materials electronically.

    Seminar Attendance-Attendance at seminars is not compulsory, however not attending will put you at a severe disadvantage in completing the assessments, as content taught in class is linked to the assessments.
    Workload

    The information below is provided as a guide to assist students in engaging appropriately with the course requirements.

    Contact time
    This course will be taught intensively.

    Preparation time
    In addition to attending formal classes it is anticipated that students will do substantial independent work to prepare for classes and to complete the course assessments.

    This is a six-unit course and the university workload measurement for students on this course, including class contact time, is 312 hours. This includes any required pre-reading before the classes commence, and any research and writing of assignments after the end of formal classes.


    Learning Activities Summary
    Learning activities will involve an intensive seminar series as well as online lectures and materials to be used in preparation for the seminars.

    Lectures are a teacher-driven learning activity; relaying of knowledge and information.
    Seminars are more interactive than lectures. Students are expected to prepare answers to seminar questions to facilitate useful in-class discussions between peers. As such, seminars are largely student driven. Seminar leaders are learning facilitators.

    Assessment tasks are also learning activities.

    A detailed seminar schedule will be posted to MyUni prior to the course commencing.  Topics include: interviewing and advising, legal writing, legal drafting, negotiation, alternative dispute resolution, and advocacy.
    Specific Course Requirements
    The course is based on the rules of the Legal Practitioners Education and Admission Council (LPEAC) 2018 which specifies the expected competency standards for entry level lawyers at the point of admission. In order to pass this course you are expected to demonstrate competence in these standards.

    The national competency standards include underpinning knowledge and skills in:

    Ethics and professinal responsibility
    Lawyer's skills
    Problem solving
    Work management and business skills

    For futher information please contact the Law Society of SA Program Manager (GDLP).
  • Assessment

    The University's policy on Assessment for Coursework Programs is based on the following four principles:

    1. Assessment must encourage and reinforce learning.
    2. Assessment must enable robust and fair judgements about student performance.
    3. Assessment practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned.
    4. Assessment must maintain academic standards.

    Assessment Summary
    Assessments will be made available to students, prior to the nominated deadline. Assessment deadlines will be posted on MyUni prior to the course commencing.

    The assessment tasks due dates may vary to what is currently scheduled.


    Assessment item % of final mark Dates Weight Length Learning Outcomes Redeemable
    Interviewing and Advising Individual First week n/a 2,500 words approximately 1-3 yes
    Pre task Legal drafting-short answer questions Individual First week n/a 850 words approximately 1-5 yes
    Legal drafting Individual First week n/a See assessment detail 1-5 yes
    Negotiation and ADR + in class assessment Individual Second week n/a In class assessment 2-3 yes
    Pre task short answer questions Advoacy Individual Second week n/a 1,000 words approximately 1,3,5 yes
    Advocacy- Oral
    presentations
    Individual Per appointment time n/a Approx. 30 mins 5-6 yes
    Advocacy - case concepts Individual Submitted after Advocacy oral presenation n/a 250 words approximately 1,5 yes
    Assessment Related Requirements
    The purpose of the GDLP program is to facilitate your transition from undergraduate academic law studies to the legal professional employment environment through the demonstration and practice of professionally-based skills and competencies.

    Assessments will be made available to students, prior to the nominated deadline. Assessment deadlines will be posted on MyUni prior to the course commencing. Assessments guidelines will be provided for each assessment task.


    Assessment Detail
    All assessments are competency based (non-graded pass). Competence must be demonstrated in all assessment tasks and activities. MyUni requires a numerical value to display that competency has been demonstrated. Please note:
    1=Competency demonstrated (Non-graded pass)
    0=Competency not demonstrated (Re submission required)


    Assessment Detail

    Interviewing and advising
    Letter confirming client’s instructions. Length  Max 1,500 words.

    This assessment is designed to allow students to demonstrate their ability to:
    -Interview a client and confirm the client's instructions in writing;
    -Summarise advice provided during the interview and identify any legal advice extracted from the materials provided;
    -Identify the next steps for the client, including a summary of the process to be followed;
    -Confirm terms of engagement, including hourly rate and an estimate of how much the matter will cost the client;

    Letter to Other Party’s Solicitor in an Estate or Defamation matter. Length Max 1,000 words.

    Estate matter
    -Notify other party's Solicitor that you act for your client who intends to make a claim for provision from the estate of the deceased;
    -You are gathering personal and financial information in respect of your client's claim;
    -You are requesting an undertaking that the estate will not be distributed before the six-month time limit from the date of the grant of probate;
    -The letter must specify who you are asking to give the undertaking;
    -In whose favour the undertaking is being given;
    -The scope of the undertaking.

    Defamation matter
    -The Other Party's Solicitor has written to you with an offer which was rejected by your client as inadequate;
    -You are to write to the Other Party's Solictor noting that your client has been willing to compromise, having made various offers and advising that you have been instructed to issue proceedings.

    Legal Drafting-Pre -attendance Task short answer questions. Length – 850 words approximately
    This assessment is submitted prior to the seminar on legal drafting. The assessment comprises of 4 short answer questions in relation to:
    -Affidavit evidence;
    -Drating affidavits;
    -Affidavit rules- Uniform Civil Rules 2020

    Legal Drafting -Interlocutory application -Affidavit and Form 14- cover sheets for exhibits
    This assessment is designed to allow students to demonstrate their ability to:
    -Draft an Interlocutory application;
    -Draft an Affidavit;
    -Complete Form 14 -cover sheets for exhibits.

    Negotiation
    -This is an in class assessment based on participation.
    Students are divided into two teams representing an Australian company. Both companies design and produce the same product. Each team is required to participate in a pricing exercise. The pricing negotiation exercise is used to demonstrate the power of collaboration and the role of strategic concessions in formulating a workable resolution.

    ADR Mediation
    -This is an in class assessment based on participation.
    An in class seminar activity allows students to practice and observe the role of the mediator.

    Advocacy
    Pre attendance task - Preparation of a detailed chronology of a brief of evidence. This assessment is submitted prior to the seminar on advocacy.

    Oral assessment
    This assessment is designed to allow students to demonstrate their ability to:
    -Present either an Opening or Closing Address-time allowed 5 mins;
    -Orally examine one witness and cross examine another-time allowed 8 mins in total.

    Case concept
    This assessment is designed to allow students to demonstrate their ability to:
    -Develop a case concept for both the prosecution and the defence;
    -Prepare a short precise factual narrative containing the key facts;
    -Identify the elements of the offences;
    -Summarise the principal strengths and weaknesses of each case.

    Further details will be provided on MyUni.
    Submission
    Students must retain a copy of all assignments submitted.

    All assignments in this course are to be submitted electronically through Turnitin. Submissions to Turnitin are to be in Microsoft Word format (NOT in pdf)’.

    Students work will be marked in accordance with the marking rubric.

    Resubmission

    Students are required to demonstrate competency in all elements of the national competency standards and failure to do so will result in the relevant assessment being marked as non-competent. If the assessment is deemed non-competent students may be offered the opportunity to revise and resubmit the assessment. A re submission is only allowed if a bona fide attempt has been made in the initial submission. In most cases only the parts of the assessment that do not attain competence will be required to be resubmitted. Only ONE opportunity is provided for resubmission.


    Final assessments that do not attain competence on resubmission (fail), per University policy, are double-marked before the results are released back to the student.

    Extensions

    Requests for extensions must be made electronically via GDLP Enquiries GDLPEnquiries@lawsocietysa.asn.au Students MUST apply for an extension prior to the deadline. Extensions will be granted only for unexpected illness, hardship or on compassionate
    grounds in accordance with University Policy. Work commitments, travel, holidays or sporting engagements are not unexpected circumstances.

    Late Submission

    Assessments submitted late without an approved extension will not be marked.

    Failure to complete assessments

    All assessment in this course must be completed. Failure to complete any of the assessments will result in course failure.
    Course Grading

    Grades for your performance in this course will be awarded in accordance with the following scheme:

    GS8 (Coursework Grade Scheme)
    Grade Description
    CN Continuing
    FNS Fail No Submission
    NFE No Formal Examination
    F Fail
    NGP Non Graded Pass
    P Pass
    C Credit
    D Distinction
    HD High Distinction
    RP Result Pending

    Further details of the grades/results can be obtained from Examinations.

    Grade Descriptors are available which provide a general guide to the standard of work that is expected at each grade level. More information at Assessment for Coursework Programs.

    Final results for this course will be made available through Access Adelaide.

    Finality of Assessment Grades

    Students are advised that Course Coordinators will not enter into negotiations of any kind with any student regarding changes to their grades. It is irrelevant, in any given circumstance, that only a minimal number of additional marks are required to inflate a student’s grade for any individual assessment item or course as a whole. Pursuant to the University’s Assessment for Coursework Programs Policyand the Adelaide Law School Assessment Policies and Procedures, grades may only be varied through the appropriate channels for academic review (such as an official re-mark).

    Moderation
    In accordance with the University’s Assessment for Coursework Programs Policy, course coordinators ‘ensure that appropriate marking guidelines and cross-marking moderation processes across markers are in place’ in each course. Procedures adopted by Adelaide Law School to ensure consistency of marking in courses with multiple markers include:
    • assurance of the qualifications of markers, and their knowledge of the content covered in each course;
    • detailed marking guidelines and assessment rubrics to assist in the marking of items of assessment;
    • sharing of example marked assessments at various grade bands across markers;
    • reviewing of selected marked assessments from each marker by the course coordinator;
    • comparison of the marks and their distribution across markers;
    • automatic double-marking of all interim assessment receiving a fail grade, and of final assessments where a student’s overall result is a fail grade;
    • the availability of re-marking of assessments in accordance with Adelaide Law School’s Assessment Policies and Procedures.

    Approval of Results by Board of Examiners
    Students are reminded that all assessment results are subject to approval (and possible moderation/change) by the Law School’s Board of Examiners. Assessment results at the University are not scaled. Under the Assessment for Coursework Programs Policy, students are assessed ‘by reference to their performance against pre-determined criteria and standards … and not by ranking against the performance of the student cohort in the course’. However, under that same policy, the Board of Examiners (as the relevant Assessment Review Committee for courses at Adelaide Law School) is required to ‘ensure comparability of standards and consistency’ in assessment. On occasions, the Board of Examiners will form the view that some moderation is required to ensure the comparability of standards and consistency across courses and years, and accordingly provide fairness to all law students. All assessment results are therefore subject to approval (and possible change) until confirmed by the Board of Examiners and posted on Access Adelaide at the end of each semester.
  • Student Feedback

    The University places a high priority on approaches to learning and teaching that enhance the student experience. Feedback is sought from students in a variety of ways including on-going engagement with staff, the use of online discussion boards and the use of Student Experience of Learning and Teaching (SELT) surveys as well as GOS surveys and Program reviews.

    SELTs are an important source of information to inform individual teaching practice, decisions about teaching duties, and course and program curriculum design. They enable the University to assess how effectively its learning environments and teaching practices facilitate student engagement and learning outcomes. Under the current SELT Policy (http://www.adelaide.edu.au/policies/101/) course SELTs are mandated and must be conducted at the conclusion of each term/semester/trimester for every course offering. Feedback on issues raised through course SELT surveys is made available to enrolled students through various resources (e.g. MyUni). In addition aggregated course SELT data is available.

    The University places a high priority on approaches to learning and teaching that enhance the student experience. Feedback is sought from students in a variety of ways including on-going engagement with staff, the use of online discussion boards and the use of Student Experience of Learning and Teaching (SELT) surveys as well as GOS surveys and Program reviews.

    SELTs are an important source of information to inform individual teaching practice, decisions about teaching duties, and course and program curriculum design. They enable the University to assess how effectively its learning environments and teaching practices facilitate student engagement and learning outcomes. Under the current SELT Policy (http://www.adelaide.edu.au/policies/101/) course SELTs are mandated and must be conducted at the conclusion of each term/semester/trimester for every course offering. Feedback on issues raised through course SELT surveys is made available to enrolled students through various resources (e.g. MyUni). In addition aggregated course SELT data is available.


  • Student Support
    The University Writing Centre provides academic learning and language development services and resources for local, international, undergraduate and postgraduate coursework students enrolled at the University of Adelaide.

    The centre offers practical advice and strategies for students to master reading, writing, note-taking, time management, oral presentation skills, referencing techniques and exam preparation for success at university through seminars, workshops and individual consultations.

    Lex Salus Program
    Lex Salus (law and wellbeing) is an initiative of the Adelaide Law School aimed at destigmatising mental health issues; promoting physical, mental and emotional wellness; building a strong community of staff and students; and celebrating diversity within the school. It also seeks to promote wellness within the legal profession, through the involvement of the Chief Justice of the Supreme Court of South Australia, the Honourable Chris Kourakis, as the official Patron of the program.

    Students can participate in the Lex Salus program by attending barbecue lunches, pancake breakfasts, knitting and crochet circles, seminars, guest speakers, conferences and other activities. Our Facebook page, website and regular all-student emails promote upcoming events, and have tips and information on wellness.

    Our Lex Salus YouTube channel also includes videos on topics like managing stress, and interviews with LGBTQ lawyers and their supporters which celebrate diversity and individuality. Students who commit to 10 hours of volunteering with Lex Salus in one year can have their service recognised on their academic transcript and through a thank you morning tea with the Chief Justice and law school staff.

    Student Life Counselling Support
    The University’s Student Life Counselling Support service provides free and confidential service to all enrolled students. We encourage you to contact the Student Life Counselling Support service on 8313 5663 to make an appointment to deal with any issues that may be affecting your study and life.
  • Policies & Guidelines

    This section contains links to relevant assessment-related policies and guidelines - all university policies.

    Academic Integrity
    All students must be familiar with the University’s Academic Integrity Policy. Academic Misconduct is a serious matter and is treated as such by the Law School and the University. Academic Misconduct (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South Australia to admit a person to practice as a legal practitioner in South Australia. Academic Integrity is an essential aspect of ethical and honest behaviour, which is central to the practice of the law and an understanding of what it is to be a lawyer.
  • Fraud Awareness

    Students are reminded that in order to maintain the academic integrity of all programs and courses, the university has a zero-tolerance approach to students offering money or significant value goods or services to any staff member who is involved in their teaching or assessment. Students offering lecturers or tutors or professional staff anything more than a small token of appreciation is totally unacceptable, in any circumstances. Staff members are obliged to report all such incidents to their supervisor/manager, who will refer them for action under the university's student’s disciplinary procedures.

The University of Adelaide is committed to regular reviews of the courses and programs it offers to students. The University of Adelaide therefore reserves the right to discontinue or vary programs and courses without notice. Please read the important information contained in the disclaimer.