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Chapter

Cover A Practical Approach to Effective Litigation

10. Legal Letters and Opinions  

This chapter deals with legal writing. Professional quality writing is an important skill for the effective litigator. While there is still a focus on oral advocacy at trial, written advocacy has become increasingly important in persuading a court with the focus on defining issues in the statements of case, the use of witness statements as evidence in chief, and the increasing use of skeleton arguments. The clarity of letters and opinions for a client are also important in communicating information and advice. The chapter discusses the purpose, audience, content, and structure of legal writing; the professional use of language; the importance of correct taking and storing of notes; writing letters and e-mails; the role of opinions; the format and structure of an opinion; and the content of an opinion.

Chapter

Cover How to Moot

10. Competitions  

This chapter deals with the next and necessary step towards the completion of apprenticeship in moot advocacy — the step into the world of competitive mooting. It provides answers to the following questions: What further information is there out there about mooting? What are inter-university competitive moots?

Chapter

Cover Legal Systems & Skills

13. Advocacy and mooting  

Scott Slorach, Judith Embley, Peter Goodchild, and Catherine Shephard

This chapter focuses on advocacy skills required during academia and in practice. The section on academia considers persuasive oral communication and confidence. It provides guidance on how to succeed both in mooting and in criminal advocacy competitions. It examines how to undertake effective case analysis using the IRAC model, and how to prepare skeleton arguments and case bundles. Examples of skeleton arguments are provided. The section on professional advocacy considers professional roles, rights of audience, areas of practice and activities. It covers practicalities such as etiquette, dress, conduct and ethics. The progress made towards a move to digital courts is also explored.

Chapter

Cover Legal Systems & Skills

13. Advocacy and mooting  

Scott Slorach, Judith Embley, Peter Goodchild, and Catherine Shephard

This chapter focuses on advocacy, mooting, and communication skills. The section on advocacy skills considers the preparation and use of skeleton arguments and case bundles.

Chapter

Cover Employment Law

31. Preparing and presenting a case  

This chapter provides practical guidance to aid in the preparation and presentation of a case before an employment tribunal. Although it is primarily written from the point of view of the advocate at such a hearing, the material is also relevant to advisors, witnesses and the parties to a case. The text guides the parties to a tribunal case through the whole tribunal procedure from the very beginning. It covers fact management, understanding the law, starting the process—filling in claim and response forms, preparing a schedule of loss, negotiating a settlement, drafting witness statements, disclosure, preparing bundles and advocacy.

Chapter

Cover Mental Health Law: Policy and Practice

12. Legal Responses and Advocacy for Clients  

This chapter examines whether the law provides adequate mechanisms for those brought under the mental health system to ensure that they are dealt with consistently with the substantive and procedural rules provided by the law, and whether sufficient recompense is available in the event that the standards are not complied with. The discussions cover review tribunals; judicial review; civil and criminal actions; the Mental Health Act (MHA) 1983 and the Deprivation of Liberty Safeguards; criminal prosecutions; civil actions for damages; complaint processes; the appointment of advocates to help people governed by the MHA 1983 and the Mental Capacity Act 2005; and representing people with mental disabilities.