Lawyers and Dispute Resolution Chapter 1
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Questions and Answers

The authors of the text, Boulle and Field, argue that DR skills should be considered a separate field from transactional lawyering.

False (B)

What is the authors' main argument regarding the integration of DR expertise into legal practice?

  • DR expertise is a separate field from transactional lawyering.
  • DR skills are not relevant for transactional lawyering.
  • DR expertise should be solely focused on augmenting an adversarial system.
  • DR expertise should be fully integrated into legal practice and education. (correct)

    • Why do the authors believe transactional competency is essential for new lawyers?

    Because transactional practice is at least equal to, and perhaps even dominates, DR practice.

    The authors point out that the legal profession is on track to achieving the greater integration of ______ into legal practice.

    <p>DR expertise</p> Signup and view all the answers

    Match the following terms with their descriptions:

    <p>Transactional competency = The ability to understand and negotiate in business transactions. DR expertise = Knowledge and skills in resolving disputes in a non-adversarial manner. Adversarial system = A legal system where opposing parties present their arguments to a judge or jury.</p> Signup and view all the answers

    The authors argue that the legal profession has already fully integrated DR expertise into practice and education.

    <p>False (B)</p> Signup and view all the answers

    What is the authors' perspective on the current role of DR expertise in the legal profession?

    <p>They believe it is currently seen as augmenting the adversarial system but should be more comprehensively integrated into legal practice.</p> Signup and view all the answers

    The authors argue that DR expertise should be accepted as doing ______ than simply augmenting an adversarial system focused on litigation.

    <p>more</p> Signup and view all the answers

    What is the primary reason the authors wrote this book?

    <p>To explore how DR expertise could be more fully integrated into legal practice and education. (B)</p> Signup and view all the answers

    What is the authors' primary focus regarding the integration of DR expertise?

    <p>They focus on integrating DR expertise into both legal practice and legal education.</p> Signup and view all the answers

    Which of the following Australian legislation requires parties to attempt alternative dispute resolution (ADR) before commencing court proceedings?

    <p>All of the above (D)</p> Signup and view all the answers

    Judges in Australia have no authority to refer cases to ADR processes once a matter reaches court.

    <p>False (B)</p> Signup and view all the answers

    What are two examples of areas of legal practice where pre-filing ADR efforts are now required?

    <p>Examples include family law, discrimination, personal injuries law, small claims, and administrative law.</p> Signup and view all the answers

    The ______ and the ______ are two Australian pieces of legislation that mandate parties to attempt alternative dispute resolution before initiating court proceedings.

    <p>Civil Dispute Resolution Act 2011 (Cth), UCPR, Family Law Act</p> Signup and view all the answers

    Match the following legislation with the area of law they are associated with:

    <p>Civil Dispute Resolution Act 2011 (Cth) = General civil disputes Family Law Act 1975 (Cth) = Family Law Anti-Discrimination Act 1991 (Qld) = Discrimination Personal Injuries Proceedings Act 2002 (Qld) = Personal Injuries Law</p> Signup and view all the answers

    Which of the following institutions does NOT offer practical legal training in Australia?

    <p>Australian National University (C)</p> Signup and view all the answers

    Flinders and Newcastle Universities integrate practical legal training into undergraduate degrees.

    <p>True (A)</p> Signup and view all the answers

    What is the purpose of the Legal Profession Uniform Admission Rules?

    <p>To regulate the admission of legal practitioners in Australia.</p> Signup and view all the answers

    Practicing certificates in Victoria are issued by the ______.

    <p>Legal Services Board</p> Signup and view all the answers

    Match the institutions with their type of training:

    <p>Queensland University of Technology = University offering practical legal training College of Law = Independent institution for legal training Leo Cussens Institute = Professional training for law practitioners Flinders University = University integrating training into degrees</p> Signup and view all the answers

    Which of the following statements about practical legal training is correct?

    <p>Practical legal training is available both in universities and independent institutions. (C)</p> Signup and view all the answers

    The main goal of dispute resolution is to ensure that disputes are dealt with fairly.

    <p>True (A)</p> Signup and view all the answers

    What is one of the contemporary common denominators of a profession according to Freidson?

    <p>Expertise (D)</p> Signup and view all the answers

    The term 'profession' originates from the Greek language.

    <p>False (B)</p> Signup and view all the answers

    Match the author with their work:

    <p>Freidson = Professionalism Reborn Wilensky = The Professionalization of Everyone Larson = The Rise of Professionalism Finn = The Fiduciary Principle</p> Signup and view all the answers

    Credentialism is not considered a common denominator of a profession.

    <p>False (B)</p> Signup and view all the answers

    According to Freidson, a profession requires __________.

    <p>autonomy</p> Signup and view all the answers

    What is a critical skill for lawyers in both transactional and dispute resolution (DR) practices?

    <p>Communication skills (C)</p> Signup and view all the answers

    Lawyers primarily focus on litigation when it comes to dispute resolution.

    <p>False (B)</p> Signup and view all the answers

    What are the two essential skills mentioned that lawyers need to use daily?

    <p>Communication and negotiation skills</p> Signup and view all the answers

    DR expertise should be recognized as a core aspect of __________.

    <p>contemporary lawyering</p> Signup and view all the answers

    Match each function to the corresponding aspect of legal practice:

    <p>Transactional practice = Focus on client needs and interests Dispute Resolution (DR) = Manage disputes through negotiation or mediation Litigation = Ensuring courtroom representation Negotiation = Settlement of disputes prior to trial</p> Signup and view all the answers

    According to the content, why is negotiation an important skill for lawyers?

    <p>It allows for the resolution of disputes without going to court (D)</p> Signup and view all the answers

    Currently, DR expertise is viewed as an essential part of all legal practices.

    <p>False (B)</p> Signup and view all the answers

    What has historically limited the perception of DR expertise?

    <p>A narrow focus on litigation</p> Signup and view all the answers

    Lawyers should cater to not just their clients' legal rights but also their __________.

    <p>needs and interests</p> Signup and view all the answers

    Study Notes

    Chapter 1: Lawyers, Lawyering and Dispute Resolution

    • This book examines the role of an Australian lawyer in the 21st century, emphasizing dispute resolution (DR) skills.
    • DR, particularly non-litigation dispute resolution (NLDR), is increasingly crucial for effective contemporary legal practice.
    • The first chapter explores the Australian legal profession, its philosophical framework, and the role of lawyers as dispute managers and resolvers.

    The Profession of Law

    • The legal profession is ancient and global, existing in various forms in different jurisdictions and cultures.
    • China is recognized as having one of the oldest legal systems, dating back to approximately 2800 BC.
    • Lawyers provide legal advice, representation, and advocacy for clients, while also serving society and the public good, particularly in democratic societies.
    • Lawyers practice as solicitors or barristers in private sector, government, or community legal sectors.
    • Legal practice requires specialist knowledge, skills (legal thinking, legal research, communication), and attitudes.

    Australian Dispute Resolution

    • DR knowledge, skills, and attitudes are critical aspects of modern lawyering.
    • Traditional legal practice largely involved face-to-face meetings, phone calls, and written communication.
    • The legal profession is today undergoing changes impacting the delivery of legal services.
    • Law schools now teach Law graduates both undergraduate (LLB – Bachelor of Laws) and post-graduate (JD – Juris Doctor) level law degrees.
    • Legal work comprises transactional and DR work.
    • Transactional work involves forming, negotiating, and closing business agreements.
    • Transactional lawyers manage disputes by evaluating legal and commercial risks, performing due diligence, and drafting contracts/agreements.
    • Lawyers should understand the broader context surrounding transactions.
    • DR expertise is critical to modern lawyering.
    • The legal profession faces challenges affecting its efficacy and value.
    • Criticism of the legal profession includes that it is too expensive and too adversarial.
    • Economic pressures, technology, market competition, and changes in client expectations are impacting legal service provision.
    • Lawyers may lose power and control.
    • DR expertise should be central to legal education.
    • The Priestley 11 (compulsory law subjects) are criticized for their focus on doctrinal law, potentially neglecting legal skills and values.
    • The TLOs (Threshold Learning Outcomes for Law) are modern educational standards emphasizing skills and attitudes required in legal practice.
    • DR subjects in law school can help students satisfy TLOs in knowledge, ethical reasoning and communication.

    Conclusion

    • Dispute Resolution (DR) is now central to the legal profession and crucial for maintaining the rule of law.
    • Legal practice demands critical thinking, communication skills and flexibility to meet challenges.
    • Effective legal service provision requires new approaches supported by the understanding of DR processes and legal concepts.

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    Related Documents

    Australian Dispute Resolution: Law and Practice Chapter 1 PDF

    Description

    This quiz explores Chapter 1 of the book focusing on the contemporary role of Australian lawyers, emphasizing their dispute resolution skills. It covers the philosophical framework of the legal profession and the importance of non-litigation dispute resolution in today's legal practices.

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