QUESTION THREE a) In 2020, Victoria became the first jurisdiction in Australia to allow lawyers to charge contingency fees in class actions. Many argue that such a fee structure creates a conflict between the lawyer's own interests and those of the client(s). However, its proponents argue that it can improve access to justice for those who would not otherwise be able to afford action against powerful defendants. REQUIRED (PART A) Briefly evaluate the strength of arguments for and against contingency fees, and explain whether you believe they should be allowed in Australia. OR b) The 'zealous advocate' ethical model is an artefact of an idealised adversarial justice system which has never really existed. Exploiting loopholes gives lawyers a bad name, and reduces public confidence in the justice system as a whole. REQUIRED (PART B) Do you agree? Discuss with reference to the Uniform Law, conduct rules and alternative ethical frameworks we have studied in this course.

QUESTION THREE a) In 2020, Victoria became the first jurisdiction in Australia to allow lawyers to charge contingency fees in class actions. Many argue that such a fee structure creates a conflict between the lawyer's own interests and those of the client(s). However, its proponents argue that it can improve access to justice for those who would not otherwise be able to afford action against powerful defendants. REQUIRED (PART A) Briefly evaluate the strength of arguments for and against contingency fees, and explain whether you believe they should be allowed in Australia. OR b) The 'zealous advocate' ethical model is an artefact of an idealised adversarial justice system which has never really existed. Exploiting loopholes gives lawyers a bad name, and reduces public confidence in the justice system as a whole. REQUIRED (PART B) Do you agree? Discuss with reference to the Uniform Law, conduct rules and alternative ethical frameworks we have studied in this course.