ABSTRACTA lawyer's behaviour derives from their own principles and values, the norms of professionalism, the professional conduct rules and the common law. In the past, much emphasis has been placed upon the first two sources as they formed the basis of self-regulation and influenced the development of legal ethics. Recently, the Australian codes of ethics explicitly detail an increasing range of duties which might reasonably have been thought to be implicit characteristics of sound ethical values and professionalism, for example, a (...) duty to be civil, and an explicit prohibition against harassment, intimidation and bullying. Such additions have been deemed necessary as a response to increasing concerns about lawyer incivility and empirical reports detailing high levels of harassment, intimidation and bullying within law firms. We suggest that the expansion of duties in the codes raises intriguing and troubling questions: Does the expansion of duties in the codes suggest that lawyers, as a group, need rules... (shrink)

Context: Public universities in South Africa are currently facing the challenge of decolonising knowledge. This change requires a review of curriculums, as well as teaching and learning with the goal of embracing the epistemology of the learners, addressing issues such as social justice and transformation. Problem: Human communication is subject to several perceptual errors in both listening and seeing, which challenges the success of the communication in the education system. The ability of the teacher and the learners to effectively communicate (...) with one another is a factor for the success of each reaching their goals. The teacher imparts her knowledge in the classroom, but according to von Foerster, “[i]t is the listener, not the speaker, who determines the meaning of an utterance,” for the listener contextualises this information based on her own past lived experience. Thus, the student’s epistemology and her expression of her understanding is integral in the classroom context and should be actively included into the education system. Method: I present a cybernetic approach to the teacher-learner system, challenging traditional ideas about the role of each actor within the system, with special attention given to Pask’s conversation theory. Results: Early empirical findings suggest that a conversational contextual approach results in higher student involvement and better memory retention among the learners. Conversational approaches that are epistemologically inclusive diffuse social problems where the student groups require their individual worldviews to be reflected within the curriculum. This reduces the friction of competing epistemologies within the education system, moving toward a co-created contextually-driven knowledge system. Implications: Many educators would like deeper engagement from their learners but have not found a way to successfully engage the student group. A cybernetic approach is one method that can be adopted to remedy this. This is particularly useful in contexts where there is cultural diversity and impending social change. Constructivist content: I address von Glasersfeld’s points on human cognition, linking it to Austin’s speech acts. (shrink)

Upshot: Time constraints, locked curriculums, strict management, and possible anarchy in the classroom are some of the themes that originated from the commentaries. I argue that these challenges should be viewed holistically in the broader picture. I also question the educator’s role in mitigating these obstacles. My advice: Do it anyway.

Understand the fundamental principles of lawyering and how to apply them to professional conductEthics and Legal Professionalism in Australia introduces students to the ethics and professional responsibilities that they will encounter in practice. It outlines the concepts, rules and conflicts relating to legal ethics in addition to exploring the ambiguous ethical aspects associated with being a lawyer. The text offers a thematic approach, with each chapter focusing on one theme and how it relates to lawyers' professional obligations. It aims to (...) encourage the development of students' 'moral compass', guiding them on how they might address ethical dilemmas and difficult situations before they are faced with these in reality.This third edition retains the original focus and principles of the previous editions but has been thoroughly updated to address the considerable changes to the legal profession and the environment.NEW TO THIS EDITIONUpdated to reflect rapid technological advances and ongoing globalisation processesStronger focus on health and wellbeing, addressing the mental health issues amongst lawyersMore case studies included throughoutSignificant updates to chapters:2: The Framework of Lawyering - updated to include the application of Uniform Law in Western Australia5: Loyalty to the Client - References to Lawyer X (Nicola Gobbo) case - Gobbo, while representing a number of significant criminal identities, also acted as a police informant providing information that contributed to the arrest and conviction of those clients6: Confidentiality - More detail relating to the Lawyer X case, and a discussion of the case of Collaery. The case is ongoing at the time of writing. It concerns the Commonwealth Government's action in seizing documents from an Australian lawyer representing Timor-Leste. Documents seized included a brief relating to a then current action against the Australian Government before the International Court of Justice7: Competence - more detail added on a lawyer's competence as to understanding and using technology, detailed discussion of mental health issues raised in misconduct proceedings and updated to include the relationship of wellbeing to competence9: Service and Access to Justice - updated to include more on seeking to define access to justice and identifying types of vulnerability. (shrink)

Over recent years, lawyer misconduct and regulation of the profession have been topics of considerable interest. Yet, when the topic of legal ethics is raised, the focus tends to be on lawyer conduct external to the firm: lawyer conduct in court; lawyer conduct vis-a-vis client; or lawyer conduct vis-a-vis opposing counsel or the judiciary. The recent National Attrition and Re-engagement Study, however, raises a different aspect of legal professional ethics. This Report found a widespread incidence of bullying, intimidation, discrimination and (...) harassment within law firms, primarily affecting though not confined to, female lawyers. Of course, bullying and associated behaviours are not confined to the legal profession. But these behaviours are at odds with a profession that purports to be deeply concerned with the ethical conduct of its members. Arguing that ‘ethics begins at home’, this paper suggests NARS raises uncomfortable questions about legal professional ethics: if law firms cannot treat their own staff members ethically, what does that say about the firm’s approach to ethical conduct more generally? And if this culture is as widespread as the report suggests, what does this say about the ethics of the legal profession as a whole? (shrink)

ABSTRACTSince 2004 in Australia, there has been a significant amount of interest in the issues of lawyers and mental illness. As a result there is now a substantial body of literature that examines...

Open peer commentary on the article “Cybernetic Foundations for Psychology” by Bernard Scott. Upshot: Scott’s ideas of a unifying conceptual framework and metanarrative for the seemingly divergent psychology fields may be met with challenges. Four obstacles are presented, which can be addressed in order to mitigate resistance to Scott achieving his goal of cybernetics fulfilling these dual roles in the psychologies.

ABSTRACTCivility has long been considered a core value of lawyering. For some time, concern has been expressed in the literature about the loss of civility in the legal profession, and regulators and professional associations have sought to foster civility and to discourage, and in some cases, penalise, incivility. In particular, instances of incivility or discourteousness are increasingly linked to questions of misconduct. However, the notion of ‘civility’ is itself, often contentious, and the line between ‘robust' communication and incivility is unclear.Does (...) civility matter? If so, when will lawyer advocacy on behalf of the client, or their strongly worded criticisms of an opponent's actions, become the subject of claims of unethical behaviour?Arguing that civility is important, this article will analyse relevant case law from Australia, the United Kingdom, the United States, Canada and New Zealand, in order to better understand contemporary conceptions of civility and to draw out principles currently b.. (shrink)

I argue that bias can be reduced but never completely removed, owing to humanity’s incomplete knowledge. A proposal is thus made for research to have more than one paradigmatic approach in order ….

Open peer commentary on the article “Designing Academic Conferences in the Light of Second-Order Cybernetics” by Laurence D. Richards. Upshot: Richards’s long history and commitment to cybernetics provides a well-rounded view of the dichotomy between the traditional conference and one aspiring for second-order cybernetic attributes. We examine why traditional conferences have proved so resilient, despite their shortcomings, and discuss some issues that underlie the dynamics of the participation of academics in non-traditional conferences.

. Whether to use privileged information as a basis for a decision to sell stock is the central issue in thiscase. A conflict between a stockbrokers perceived obligations to maximize clients stock values and protect their investments (fiduciary responsibility) and violating Security and Exchange Commission insider trading regulations must be resolved.

.Whether to use privileged information as a basis for a decision to sell stock is the central issue in this␣case. A conflict between a stockbroker’s perceived obligations to maximize clients stock values and protect their investments and violating Security and Exchange Commission insider trading regulations must be resolved.

This case involves the quandary of a businessman named Arthur Eldredge. A member of the Board of Trustees of Plum Valley Hospital, he is uneasy about apparent conflicts of interest among many board members. Further, Mr. Eldredge is unsure if he can fulfill his responsibilities to the Board. As a trustee of the hospital, he thinks he should do something about these issues: and he is uncertain about what action to take.

This case involves the quandary of a businessman named Arthur Eldredge. A member of the Board of Trustees of Plum Valley Hospital, he is uneasy about apparent conflicts of interest among many board members. Further, Mr. Eldredge is unsure if he can fulfill his responsibilities to the Board. A trustee of the hospital, he thinks he should do something to resolve these issues. He is uncertain about what action to take.