Knowledge and attitudes of lawyers regarding offenders with intellectual disability

People with an intellectual disability appear to be over represented in the criminal justice system and have characteristics that may render them particularly vulnerable. Hypotheses concerning different treatment have been investigated by others through analysis of the attitudes of various criminal justice personnel. The current study extends this work by examining the knowledge and attitudes of Victorian criminal lawyers towards offenders with an intellectual disability. Criminal lawyers (n = 96) responded anonymously to a questionnaire concerning their knowledge of the characteristics of people with intellectual disability and their attitudes regarding the exposure and disposition of this population within the criminal justice system, In addition, respondents were asked to indicate their level of social and professional experience with people with intellectual disability. Results revealed that although the majority of criminal lawyers generally had some understanding of the problems encountered by people with an intellectual disability when they come into contact with the criminal justice system, some deficits that may contribute to vulnerability were evident.

Preparing Australia's future lawyers: an exposition of changing values over time in the context of teaching about ethical dilemmas

This study investigated what values may be influential to decision making in relation to ethical behaviour for early career lawyers. It adopted a longitudinal approach to investigate how values develop or degrade over time as final year law students move into their first two years of employment or further study. To this end, the study investigated the role that tertiary education and employers fulfill in building and perpetuating ‘appropriate’ professional values? Results demonstrate that, in general, ethical behaviour was not uniformly reinforced over time in the workplace. The undertaking of pro bono work stands out here. Results suggested that certain behaviour relevant values may develop or degrade over the early years of the Australian lawyer's career. The implications of results are discussed in the contexts of ethics education in a tertiary context and the continuing education and regulation of the legal profession.

Zero impact: are lawyers' values affected by law school?(Survey)

In 2001 approximately 700 Australian final-year undergraduate law students were surveyed as the first part of a three-year study of Australian lawyers' values. This study is being undertaken in an effort to understand what values are important in determining lawyers' attitudes to difficult behavioural choices confronting them in legal practice. It is hoped that knowledge of the actual values held by lawyers (in the context of critical professional choices) will enable better targeted values awareness education in both pre- and post-admission contexts.

The main quantitative survey employed a number of hypothetical scenarios. These were designed through the use of ethical dilemmas to examine issues of conflicting loyalties within a context of self-interest and lawyers' perceived obligations to the community, employers, family, friends and clients. (1)

Our approach in this paper is to set the scene by providing basic frequencies to responses in each scenario, followed by an analysis of themes elicited from respondents during the focus groups. Our immediate objective is to provide representative interviewee (that is, respondent) commentary designed to throw some light on the major choices of those respondents in the first year of the main quantitative survey. (2) Note that these focus groups were conducted some months after the quantitative analyses, and in particular after respondents had left law school. All respondents were, by that stage, working within a variety of legal workforce environments. In this analysis, it must be stressed, we have not attempted to match and compare individual respondents' comments with their earlier choices in the quantitative survey. That task awaits the longitudinal analysis now under way for the whole period of data collection during the three-year study.

A guide to interviewing children : essential skills for counsellors, police, lawyers and social workers

This book has been written by two people who really understand children. [They show how to] create opportunities to reduce the trauma of the interview and significantly improve the quality of the information obtained. Chief Constable A.J. Butler Gloucestershire Constabulary A few years ago, a Chief Justice said that it was unnecessary to educate lawyers and judges in the techniques of interviewing children because it was 'just common sense'. The authors show that successful interviewing requires much more than 'common sense'. Freda Briggs, Professor of Child Development, University of South Australia...an excellent book for students and professionals in forensic psychology, policing and social work.Helen Westcott, PhD, The Open UniversityIt is critical that children are interviewed properly in cases of suspected abuse or where the children may be witnesses to or victims of a crime. Poor questioning can upset the child further and contaminate evidence that may be needed in court. Interviewing Children is a practical guide to interviewing techniques for a range of professionals including welfare workers, psychologists, schoolteachers and counsellors, police officers and lawyers. Step by step, it outlines the key stages of an interview, and how to respond to the child's needs during an interview. It explains how to deal with children of different ages and from different backgrounds, and also how to work with their parents. Particular attention is paid to the sensitive issue of sexual abuse, and the problems created by multiple interviews.Clare Wilson lectures in the Department of Psychology at the University of Sydney. Martine Powell lectures in the School of Psychology at Deakin University. Both have trained police officers, social workers and legal professionals in interviewing techniques in Australia and the UK.------------------Full quotes to go on half-title page:This book has been written by two people who really understand children. In passing on their knowledge to professionals who engage with children in the interview room, they create opportunities to reduce the trauma of the interview and significantly improve the quality of the information obtained. Writing in a clear and fresh style, the authors have produced a book which is valuable as a point of reference, a day to day tool and as a training aid to develop skills.Chief Constable A.J. Butler Gloucestershire ConstabularyThis book should be read by all professionals who work with children and could findthemselves receiving disclosures of abuse. It is practical, easy to read and full of examples and hints. It should be a compulsory text for social work studen

Almost there : empirical insights into clinical method and ethics courses in climbing the hill towards lawyers' professionalism

Results of a study into the relationships between values and ethical behaviour for early-career legal practitioners - effect of gender, clinical experience and prior ethics education - implications for ethics education in tertiary institutions and after admission to legal practice.

Lawyers and ethics in practice : the impact of clinical and ethics curricula on lawyers’ ethical decision-making

The authors have conducted a longitudinal study exploring the relationships between values and ethical behaviour for early-career legal practitioners. The study comprised a representative Australian cohort of final-year law students and tracked them through their first two years of employment or further study. It examined changes to ethical decision-making by presenting participants with hypothetical scenarios that provided ethical dilemmas. A questionnaire utilising hypothetical situations was presented in 11 scenarios. This chapter examines responses to the scenarios across the three years of the study, particularly exploring changes over time. Of particular interest were the effects of gender and prior ethics education on changing responses. Findings suggested significant differences between males and females in their ethical responses. They also suggested that involvement in clinical practice, in particular during the law degree, may have a positive impact on future willingness to assist access to justice (insofar as such lawyers were more inclined to participate in later pro bono activity).

Keeping gender on the agenda : theorising the systematic barriers to women lawyers in corporate legal practice

Despite the implementation of policies and procedures to redress the gender imbalance at the higher echelons in Australian corporate law firms, only a paucity of women successfully tread the path to equity partnership. In this article, it is argued that it is the systemic, rather than the overt, barriers that present the major obstacle to sexual equality within the corporate legal workplace. Neo-Marxian thought, in particular the work of Charles Derber on the proletarianisation of professional workers, as well as contemporary feminist thought, is utilised to explore why profoundly gendered assumptions in relation to the 'ideal worker' norm remain deeply embedded in the mindsets and attitudes of those organising the legal workplace. It is suggested that fear of change to work practices within firms has not only an ideological but also a material base. It is economically determined. Highly trained women lawyers with family work responsibilities who take up flexible work arrangements in firms are fulfilling a proletarian role and their under-utilised labour is being extracted to increase profit share at the apex and facilitate the progress of their unencumbered colleagues along the path to partnership.

Skills in LLB threshold learning outcomes and competency standards for entry-level lawyers – a comparison using CAQDAS

This exploratory study analysed the Threshold Learning Outcomes ("TLOs") specified in the Bachelor of Laws Learning and Teaching Academic Standards Statement December 2010, and the Competency Standards for Entry-Level Lawyers for Practical Legal Training, as updated by the Australasian Professional Legal Education Council and Law Admissions Consultative Committee in February 2002 ("NCS"). The qualitative analysis was undertaken using the NVivo computer assisted qualitative data analysis software ("CAQDAS"), to investigate how skills were categorised and defined in each of the documents. The results were then analysed to compare the respective categorisation and definition of skills, and to point to potential complements, overlaps, conflicts, gaps, or blind spots, between the TLOs and the NCS. The findings, and the methodology adopted, might provide insights for future instructional design, content, and delivery of Practical Legal Training programs, and for future reviews of the TLOs and NCS.

How doctors and lawyers can help vulnerable patients

Medical-legal partnerships have broken down the barriers to accessible legal services for people experiencing health issues in the United States. Such programs demonstrate the health benefits of effective legal advocacy on behalf of patients and Australia could learn from this model to improve access to justice and deliver better health outcomes.

Social media for social change lawyers: an Australian housing rights lawyer's experience

This paper reflects on the use of Twitter and Facebook at the PILCH Homeless Persons' Legal Clinic (HPLC), and the lessons for social change lawyers. While these two forms of social media have been useful tools in the HPLC's mission to address the systemic and structural issues that impact on people experiencing homelessness in Victoria, Australia, there have been salutary lessons in their deployment, engagement and impact. This paper, written in autoethnographic form by a former HPLC manager, reflects on the costs and benefits of these new media forms for ‘social change lawyering’.

Preventing tobacco use and harm: what is evidence based policy?

The majority of tobacco users commence in early to mid-adolescence. Tobacco smoking can be characterised as a chronic, relapsing disorder. While risk increases with amount smoked, there is no safe level of use (i.e., all use is risky). Duration of use is the most important predictor of premature death with the majority of excess morbidity and mortality avoidable if people quit before middle age. Investment in initiatives that reduce smoking among pregnant women and those at risk of cardiovascular disease provide quickest returns -in reduced health care episodes and expenditure.  Measures that successfully reduce smoking among parents probably reduce smoking uptake by children, and high levels of smoking among both children and parents appear to be associated with higher levels of illicit drug use.
The evidence base for pharmcotherapies in the treatment of tobacco dependence is very strong. Population-level initiatives such as tax increases, mass media-led campaigns and smoke-free policies are all highly cost-effective in reducing population-smoking levels, including among children and young people.
Australian tobacco control initiatives have been based on "social ecology" conceptualisations of the problem, which acknowledge the pivotal role of the media in shaping social values, and public and political opinion.
Broad social change, as well as more focused prevention and cessation initiatives, has drawn heavily on research findings from the behavioural sciences. Considerable effort (mainly, in Australian, in the NGO sector) has gone into documenting policy inputs and monitoring impact and outcome measures.
This chapter discusses why conceptualising tobacco-related harm from legal, economic and social policy perspectives should also help build support for tobacco control policy among academic and practising economists and lawyers, and in the business, welfare and government sectors.

Ethical ramifications of corporatised legal practice

Ethical constraints applying to lawyers are largely found in formal restrictions in legislation - ethical duties arise as a result of a lawyer's service to the public - business ethics - corporatisation and the push for Multi-Disciplinary Practices (MDPs) - duty of confidentiality - avoiding conflicts of interest - the advent of MDP will add further pressures to lawyers juggling competing interests.

Legal ethics is (just) normal ethics: towards a coherent system of legal ethics

The standards governing how lawyers ought to conduct themselves consist of a number disparate principles and rules, which are devoid of an overarching rationale. We argue that legal ethics is not a stand-alone social construct. Rather, it is the application of normal ethical principles so far as they relate to the law. Approached in this manner, legal ethics becomes a far more coherent and justifiable institution. In this paper we apply general moral theory to several key dilemmas facing lawyers. This results in outcomes which some may find counter-intuitive. We conclude that lawyers should not do pro bono work; that the first cab rank off the rank principle is unsound and that there is no relevant difference between expressly misleading the court and putting the other side to the proof of its case.