MLL113 - Legal Communication and Ethical Decision Making - Law Assignment Help

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Assignment Task

 

OVERVIEW

The purpose of this part of the assessment is to develop the skills of legal analysis and problem-solving, as well as listening and written communication skills. All of these skills are key to successful law study and successful legal practice.
Assessment 2 - part 2A requires you to watch a video recording of a client interview and then prepare a Memorandum of Advice to your supervising solicitor in relation to the legal issues raised by the client.

MEMORANDUM OF ADVICE – CONTEXT
You are a lawyer working at Conduct & Co, a law firm which specialises in assisting other lawyers in relation to matters of an ethical nature. A new client, Hilary White, contacted the firm recently. Your supervising solicitor, a partner by the name of Sydney Porter, asks you to meet with Hilary and to report back to her. Hilary is a practising
solicitor. Prior to your interview with Hilary, she provided a copy of the email she previously sent to the purchaser’s lawyer in one of her matters:

Email address: sasha@coastlawyers.com.au
Dear Jeffrey
Re: Sale of block of land at Indented Head
Please see attached Settlement Statement I received from the purchaser’s lawyer. They have
the balance owing at settlement as $765,000 ($850,000 less $85,000 deposit). You can see they
have overlooked the initial $20,000 holding deposit the purchaser paid into our trust account to
secure the block. My view is to not remind them of this $20,000 and wait and see if they
remember. If they don’t remember, well it is a bonus for you, an extra $20,000!
Kind Regards
Hilary White
Lawyer
Northside Lawyers

Sydney Porter, your supervising solicitor, also provides you with the following information and instructions:
• Hilary is currently a practising Australian Legal Practitioner who works as a solicitor in Victoria.
• Hilary has not breached the duty of confidentiality owed to her clients by meeting with and seeking advice from Conduct & Co.
• As no action has been taken against Hilary by either the Victorian Legal Services Commissioner or any of her clients, she is not interested in advice about the potential consequences which might flow from any breach of her ethical obligations.

 

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