Practical Family Lawyering, Ethics and Collaborative Law

Singapore University of Social Sciences

Practical Family Lawyering, Ethics and Collaborative Law (LAW355)

Synopsis

LAW355 Practical Family Lawyering, Ethics and Collaborative Law is a two part course. The first is designed to engender discussion and thinking about the provision of practical and holistic advice drawn from the actual practical experience of being a family lawyer. There are many issues that arise or are not touched upon in the black letter of the classroom or in the courtroom, that are practical, and may not entirely be a matter of law. However, as a family practitioner, the lawyer is the frontline guide to the client and can advise on many fronts within ethical boundaries. The second part of the course deals with the emerging interest-based conflict management known as collaborative law or collaborative practice. This is a conflict management approach where the lawyers work with clients and with each other in a four-way dialogue to reach a collaborative solution that avoids litigation.

Level: 3
Credit Units: 5
Presentation Pattern: EVERY JULY

Topics

A. Practical Family Lawyering a. Marriage and finances – pre/post nuptial agreements b. Family violence and abuse: reliefs and orders c. The end of a marriage: separation, reconciliation and divorce d. Consequences of divorce i. Children ii. Assets iii. Maintenance iv. Post-divorce relationships e. The Courtroom – before during and after f. Other people – family, friend and third parties
B. Collaborative Law a. Explaining the process b. The first four-way meeting c. Subsequent meetings d. Other professionals e. Implementing final agreements

Learning Outcome

Indicate the various sources of the relevant law, how it is made and developed; of the institutions within which that law is administered and the personnel who practice law
Demonstrate understanding of legal concepts, values, principles and procedures of Singapore law and explain the relationship between them in a number of subject areas, as well as to apply them
Analyse fact patterns to identify relevant issues of law, fact and procedure.
Interpret the relevant rule of substantive law, procedure or evidence relevant to the issues identified
Apply the relevant laws and principles to come to a conclusion on the issues
Formulate an opinion, provide a solution and advise based on the conclusions
Discuss critically, competing arguments in literature or in a group situation and make a reasoned choice between alternatives
Examine ideas, concepts and arguments in the English language and legal terminology with care and accuracy
Employ information technology in an office environment for the search for information, the preparation of documents and presentations