Public Interest Lawyering

This subject is not offered in 2011.

Legal Method and Reasoning; Torts; Constitutional Law; Administrative Law; Dispute Resolution; or in each case their equivalents.

For the purposes of considering requests for Reasonable Adjustments under the Disability Standards for Education (Cwth 2005), and Students Experiencing Academic Disadvantage Policy, academic requirements for this subject are articulated in the Subject Description, Subject Objectives, Generic Skills, and Assessment Requirements of this entry.

The University is dedicated to providing support to those with special requirements. Further details on the disability support scheme can be found at the Disability Liaison Unit website: http://www.services.unimelb.edu.au/disability/.

This subject will introduce students to how law is used and practiced in the public interest and seeks to build the knowledge and competencies required of students who wish to work in this area. The seminars are based around 3 broad themes: (1) the relationship between the public interest and lawyering; (2) the various models available for the delivery of public interest lawyering services and their underlying theories such as a rights based approach to service delivery and (3) public interest lawyering skills and strategies such as communicating with clients, interviewing skills, general advocacy skills, submission writing and litigation in both domestic and international forums. Students will have the opportunity to interact with and to learn from a variety of lawyers and advocates who practice in the public interest arena. This subject will have an enrolment cap of 24 students

Enrolment will be limited to a maximum of 24 students to:

• Enhance the value to students of the group work dimension of the subject; and
• Enhance the frequency and quality of interaction between students and lawyers and advocates who practice in the public interest arena.

Students will be required to complete a written application for admission to this subject. The application will address the following criteria:

• Academic performance;
• Relevant work experience including involvement in community based activities;
• Teamwork experience and skills; and
• Relevance of student’s career goals to the overall goals of Public Interest Lawyering.

Interviews may also be conducted. Students who are closest to the completion of their degree will be given priority for admission to the subject. The subject will be available to all Melbourne Law School Students.

At the end of this subject, students should be able to:

• Reflect critically on the role of law and the way in which law is practiced in the public interest and/or the public arena;
• Reflect critically on the nature of lawyers’ ethical and professional responsibilities in public interest law practice;
• Evaluate critically theories and models of legal service delivery;
• Identify and develop strategies to respond to and to address legal issues in a public interest context; and
• Advocate effectively in the public interest.

• 1,000-word piece of legal writing that involves writing up an interview which is conducted with a lawyer who is, or has, practiced in the public interest. The subject coordinator will assist with the identification of suitable interviewees. (20%)

AND

• 4,000-word piece of legal writing on a topic/s set by the subject coordinator or formulated by a student with the consent of the subject coordinator. It will be due at the end of the semester and presented to other students in the subject at a conference to conclude the semester. (80%)

OR

• 5,000-word piece of legal writing on a topic/s set by the subject coordinator or formulated by a student with the consent of the subject coordinator. It will be due at the end of the semester and presented to other students in the subject at a conference to conclude the semester. (80%)

*Students should confirm with the subject coordinator if they are writing the 4,000- or 5,000-word piece to ensure that it is noted as a Substantial Piece of Legal Writing for honours purposes where applicable.

*The coordinator will provide students with the option of undertaking a range of styles of legal writing relevant to public interest lawyering which require engagement and consultation with the broader community and public interest practitioners on contemporary issues. The writing styles will include:

• A letter or memorandum of advice;
• A briefing note;
• A submission to a Government department, law reform commission, inquiry on a contemporary public interest legal issue;
• An amicus curiae brief or submission to a court;
• A research paper intended for submission to a journal for publication;
• A draft speech;
• A complaint to an international human rights mechanism.

Printed materials will be available from the Melbourne Law School.

This subject is not available as a breadth subject.

On completion of the subject, students should have developed the following generic skills:

• Attitudes towards knowledge that include valuing diversity, openness to new ideas and ethics associated with knowledge creation and usage;
• The capacity for critical and independent thought and reflection;
• The capacity to solve problems, including through the collection and evaluation of information;
• The capacity to communicate, both orally and in writing;
• The capacity to plan and manage time;
• The capacity to participate as a member of a team;
• Intercultural sensitivity and understanding.

In addition, on completion of the subject, students should have developed the following additional specific skills:

• Interviewing;
• Communicating clearly and persuasively orally and in writing, for specific audiences and to achieve specific public interest objectives.

This subject has a quota of 24. Please contact the Law Student Centre for enrolment information.
The 5,000 word research assignment option is regarded as a substantial piece of legal writing for honours purposes.