Assessment task details and instructions You should address the following question: - "As law firms have grown in size and reach, and as institutional clients have adopted the practice of engaging lawyers from a variety of firms on a case-by-case rather than a general retainer basis, the rule has become increasingly out-of-touch with the realities of modern law practice". -Daniel Bussel, 'No Conflict,' Georgetown Journal of Legal Ethics (2012) Critically assess in whether the law relating to conflict of interest needs to be amended. Please note that higher marks are awarded for depth of analysis. You will need to consider the historical basis of the rule the current law with any relevant case law and whether the law maintains the correct balance between lawyer and client. There is no right or wrong answer. It is the quality of your analysis which will generate the higher marks. Assessed intended learning outcomes On successful completion of this assessment, you will be able to: - Knowledge and Understanding 1.To understand the relevant rules and issues governing the relationship with the client in the context of the principles relating to confidentiality. 2.To understand more of the relevant professional requirements of client care communications. 3.To demonstrate a knowledge of the dangers facing lawyers who breach confidentiality principles. Practical, Professional or Subject Specific Skills 1. To be able to apply the duties relating to confidentiality in practice in a legal context. 2. To recognise the risk for lawyers in potential, practical confidentiality situations. 3.To identify the necessary steps to be taken to avoid liability in confidentiality matters. Transferable Skills and other Attributes 1.To demonstrate the ability to write in a clear and unambiguous manner using correct terminology. 2.Structure opinions on client care issues in a legal environment that are objective and ethical. 3.Ability to concise and comprehensive report on a key issue facing organisations. 4. Analytical and problem-solving abilities. Assessment Criteria 0-39 Demonstrates little understanding of the basics and little evidence of wider reading. Poor ability to apply knowledge or focus on the assignment question. Little or no awareness of recent research findings, limited ability to critically evaluate concepts and abstract principles, and no originality in addressing business problems. 40-49 Displays understanding of the basics with evidence of some appropriate reading. A lack the ability to develop a well- structured argument which is sufficiently focused on the assignment is evidenced. Limited knowledge of recent research findings with limited ability to critically evaluate concepts and abstract principles is revealed with little or no originality in addressing business problems. 50-59 An understanding of a complex body of knowledge and the ability to synthesise knowledge from a range of appropriate sources is demonstrated. An ability to apply knowledge to specific scenarios in an appropriate manner is shown as is an ability to develop an argument which is clearly justified and relevant to the task in hand.A grasp of recent research findings is demonstrated as is and a developing maturity in critically evaluating concepts and abstract principles, and limited originality in addressing business problems. 60-69 Demonstrates a very good understanding of a complex body of knowledge which is consistently accurate in depth and breadth and the ability to analyse and synthesise knowledge, reflect on the application of theory in practice and to use these skills to develop an argument which is well structured, clearly justified and relevant to the particular circumstances of the situation under consideration with a good identification of key themes. A good grasp of recent research findings shown and demonstrates ability and maturity in critically evaluating concepts and abstract principles in a business context. 70 + An excellent understanding of a complex body of knowledge is demonstrated and the ability to use such knowledge with excellent critical analysis skills in evidence. A very good grasp of recent research findings is shown and demonstrates a maturity in critically evaluating concepts and abstract principles, and originality in addressing business problems