Australian Legal Professional Practice - Essay Example

Download file to see previous pages Further, the education and training of legal practitioners may also be necessary in other areas – where more personal, moral know-how and judgment may be necessary. This may be required – as the operations of the legal framework often will call for informed opinions and in-depth know-how – mainly due to the dynamics of human relations and the modern society, which make up the epicenter of legal practice. One of these areas that really call for legal ethics and professional responsibility from lawyers is that of the nature, dynamics, and the effects of family violence, where areas like sexual assault – found at the center of the family violence context is given critical regard and review. In support of the personal responsibility to be exercised by lawyers in this area, is that consistent definitive meanings of family aggression across the varied legislative schemes – namely the state and regions need to be clearly understood. This is the case, as a common understanding of the types of the varied conduct that constitute or amount to family violence is to be formed or understood. The professional responsibility of the lawyers is also called upon, in the cases where implementation gaps are evident – for example in the area of sexual assault, mainly because written law and the practice in operation often are not in line with each other. Such a case is traceable in the case where some individuals, parties or localities give consideration to myths and misconceptions related to the nature and the dynamics to be considered....
This paper will be a documentation of the justification for this varied approach in the practice of law – which is supposed to provide a more accommodative field of practice, and give reasons and justifications as to why it is not enough for a lawyer to simply follow the guidelines of legal practice. The paper will also explain on what other sources or resources may be useful towards a more effective legal practice – with reference to Australian legal practice (Milne 112)(Zines 130). The basic proposition in question is that lawyers – despite being guided by the Legal practice guidelines, have to employ their ethical and professional sense of responsibility in the making or arriving at distinctive resolutions. This is the case, as the guidelines simply offer a basic framework within which the ultimate decision is to tend – but not any definite resolutions regarding the issues at hand. In this case, the moral and professional judgment of the lawyers is to be put to use – in defining the appropriate course of action or decision to be taken, for the case at hand. This paper’s argument is fully in agreement with the basic proposition in question – and will be backed up by solid evidence to precisely show how the personal – as well as the moral judgment of the Lawyer are a major requirement in legal practice, if only legal practice is to be completely accommodative of each case and legal situation (Howard 75). Further, the education and training of legal practitioners may also be necessary in other areas – where more personal, moral know-how and judgment may be necessary. This may be required – as the operations of the legal framework often will call for informed opinions and in-depth know-how – mainly due ...Download file to see next pages Read More