Law and Ethics

Instructions

Warning:QLD Regulations require that unfair practice findings are referred to the SRA (SolicitorsRegulation Authority) and BSB (Bar Standards Board) and can prevent admission as abarrister or a solicitor. Take your referencing seriously. Do not risk you career.Page 3 of 7[213]Assignment TaskThis assignment consists of two parts, PART A and PART B. You must complete bothPART A and PART B.PART A1. The law is created without regard to morality. Do you agree with this statement?In your answer you should refer to the literature dealing with the relationshipbetween law and morality, as well as ethical theories..(1500 words)(50 marks)(LO 1-2)PART B2. Lucy, a solicitor, has been representing two clients, Jack and Jill, in the jointpurchase of a new property. The initial plan was that the clients were to purchasethe property together to open a new caf, splitting the responsibility of running thebusiness between each other. The purchase is nearly complete, however there hasbeen a lot of infighting between the clients. This is due to a disagreement betweenJack and Jill regarding the name of the caf. Each client is asking Lucy to side withthem and to help convince the other client to agree to their name. Lucy believesboth clients can get over this issue, but Lucy is also concerned about herprofessional duties. Lucy needs to determine whether she can represent both Jackand Jill. Lucy also needs to determine her duties regarding information provided byher clients.Identify the professional and ethical issues arising from the scenario above withreference to the SRA Code of Conduct and other relevant sources.(1500 words)(50 marks)(LO 3 - 4)Page 4 of 7GuidelinesYou MUST underpin your analysis and evaluation of the key issues with appropriate andwide ranging case law and ensure this is referenced using the OSCOLA system. The MyStudy Skills Area contains an OSCOLA Referencing Interactive Tutorial. You must use theOSCOLA referencing method in your assignment.Additional notes:Students are required to indicate the exact word count on the title page of the assessment.The word count excludes the title page, tables, figures, diagrams, footnotes, referencelist and appendices. Where assessment questions have been reprinted from theassessment brief these will also be excluded from the word count. ALL other printedwords ARE included in the word count See Word Count Policy on the homepage of thismodule for more information.

Answer

Part ALaw and Morality The public has been equating law with morality. The primary reason for this conclusion is that law and moral concentrates on the idea of doing the right thing in society. Conversely, to the legal minds, political analysts and ethicists, the two terms are different. According to Hans Kelsen (2017), law does not seek to describe what must occur, but rather only defines certain rules to abide by.[1] On the other hand, morality involves the study of what is right or wrong. Morality entails the idea of the uprightness of individual conscience. From the above definitions, it is evident that law and morality are two different practices. The contemporary world is only seeing the term legal ethics used mostly to describe the conduct of attorneys and judges. The most significa...

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