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Chapter

Cover A Practical Approach to Alternative Dispute Resolution

10. Overview of Negotiation and Mediation  

This chapter provides an overview of negotiation and mediation, both of which can take place at any stage in a case, whether or not proceedings have been issued. Neither has formal procedural rules save for those agreed by the parties. Both can only take place with the agreement of the parties, and both will only result in a settlement with the agreement of the clients. In very broad terms, it might be said that mediation is a facilitated and more structured form of negotiation. Despite the broad similarities, the role of a lawyer in these two processes can be very different. Negotiation is normally carried out by the lawyers acting for each party, often without clients being present. In mediation, the mediator may deal only with the parties, especially in a small case, or both parties and lawyers may attend with the lawyer providing advice to the client at all stages.

Chapter

Cover International Law

9. Postscript  

Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. This chapter presents some brief, final thoughts concerning the declining influence of the individual nation-State. It suggests that the power of the State is in decline when measured against the increasing power of other actors, such as international and supranational organizations. The result, however, is not so much an expansion in the scope of international law so as to claim all these other actors as its own, but rather that the boundaries between international law and neighbouring legal subjects are breaking down. The most important point is that all of the ground occupied by international law is shared with others who are not lawyers but men and women in the vast range of other professions and businesses whose cumulative efforts shape the world. While lawyers have a contribution to make going about resolving some of the most crucial problems that face the world, it is only one way among many.

Chapter

Cover How to Moot

6. Professional practice  

This chapter demonstrates the relevance of mooting for professional practice. It shows that mooting insists upon exacting standards of behaviour, dress, personal presentation, research, preparation, information management, time management, and communication. Mooting provides students with a set of skills than can make them better lawyers. At the very least it will equip students to work within a team, and to a deadline, and to present the fruits of teamwork in a robust, attractive, and memorable way. The chapter provides answers to the following questions: How should colleagues be liaised with and should their arguments be known? Are there any rules of fair play to be observed in mooting? Should the original law reports be produced in front of the moot court? When should skeleton arguments be used and what form should skeleton arguments, if permitted, take? Should Latin be used in the moot presentation? Is a professional courtroom manner important? What is the dress code for a moot? How should colleagues and opponents be addressed and referred to?

Chapter

Cover Complete Public Law

20. Judicial Review: Putting It All Together in Problem Answers  

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter ties together the loose strands of judicial review to provide a checklist of issues that must be considered in order to diagnose a judicial review problem and to provide a legal opinion for clients. The following questions are addressed: What are judicial review problem questions designed to test? How does one approach a judicial review problem question? How does one approach whether the body may be judicially reviewed? How does one approach whether the client has standing or may intervene in an action? How does one approach whether the other preconditions are met? How does one approach the grounds for review? How does one deal with issues of remedy? How does one provide a final assessment to the client?

Chapter

Cover A Practical Approach to Effective Litigation

7. Defining Objectives, Advising a Client, and Taking Instructions  

This chapter focuses on the elements of effective litigation. It first explains the importance of a good working relationship as well as good communication between lawyer and client. It then discusses how to maintain a structured interface with the client. A poorly managed interface can undermine the strength of the case and is also a risk. Aside from face-to-face meetings, there is now a wide range of interface options, from conference calls to using shared web space for documents and exchanges. The remainder of the chapter elaborates on identifying client objectives and managing their expectations, advising a client (e.g. elements of advice, giving sufficient information, delivering bad news), advising clients on options, taking client instructions, and dealing with difficult clients.

Chapter

Cover Legal Ethics

6. Confidentiality  

This chapter discusses the principle of confidentiality. It explains the protection of lawyer–client communications and it discusses professional guidance on confidentiality. It is clear that the duty of confidence is not an absolute one and there are circumstances in which it is appropriate, indeed even required, for a lawyer to disclose confidential information. The chapter explores when these exceptions to the general principle of protection of confidence arise. It goes on to examine the rule of legal professional privilege and the circumstances in which lawyers have a duty to disclose. The chapter discusses when a lawyer is permitted to breach confidence. In doing so, it looks at the broader ethical foundation for the duty of confidence.

Chapter

Cover Legal Ethics

5. Confidentiality  

This chapter discusses the principle of confidentiality. It explains the protection of lawyer-client communications and it discusses professional guidance on confidentiality. It goes on to examine the rule of legal professional privilege and the circumstances in which lawyers have a duty to disclose. The chapter discusses when a lawyer is permitted to breach confidence. In doing so, it looks at the broader ethical foundation for the duty of confidence.

Chapter

Cover Legal Systems & Skills

6. Legal services and the ethical lawyer  

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

This chapter examines the development of the legal profession in the UK. It discusses the importance of lawyers to the Rule of Law, and the role of lawyers as professionals. It identifies the range of lawyers and their roles. It then examines the nature of legal services in England & Wales, and their regulation. The chapter then looks at the central role of ethics in lawyers’ work, and the implications of this priority. The chapter identifies changes to the legal profession—changes driven by the wider worlds of politics, society and technology.

Chapter

Cover A Practical Approach to Alternative Dispute Resolution

3. Factors Influencing the Selection of an ADR Option  

This chapter identifies the factors influencing the selection of an alternative dispute resolution (ADR) option. A lawyer has a general professional duty to give legal advice on ADR options, and there are identifiable points in a case and in litigation where this is particularly important. It is good practice to have a coherent strategy as regards potential use of ADR to resolve a dispute. There are many factors that may be relevant to the use of ADR, and to which form of ADR is most appropriate, including cost, the nature of the dispute, and the objectives of the parties. It is important to select the ones relevant to each case. The chapter then considers the various concerns which may be expressed in relation to ADR, as well as the various ways to encourage a reluctant opponent to use ADR.

Chapter

Cover Legal Ethics

1. Ethical theories  

This chapter sets out some general theories about ethics. How do we judge what is the right thing to do? What makes a decision morally justifiable? What makes a person good? It considers some ethical disagreements and describes some of the general ethical approaches that are taken to ethical dilemmas. It then addresses the question of whether lawyers’ ethics are any different from others; in other words, whether lawyers can be said to have any extra ethical obligations because they are lawyers. Finally, it looks at how legal training and legal practice has taken the ethical obligations of lawyers more seriously.

Chapter

Cover Legal Ethics

12. Third parties  

This chapter explores how lawyers can balance their obligations to promote their clients’ interests and their obligations to third parties. While there are circumstances in which duties are owed to third parties, these are limited. The law and ethical codes struggle to ensure that, even when these duties are imposed, they are not used to undermine the relationship between lawyer and client. The regulations ensure that the lawyer never acts against the best interests of the client. The chapter explores the guidance issued by the professional codes of practice. It also looks at the practice of giving an undertaking, which is an important aspect of some lawyer’s work.

Chapter

Cover Legal Ethics

2. The social context of the legal profession  

This chapter looks at lawyers in a broad social context. Lawyers hold a position of privilege within society by virtue of their knowledge about the law. It explores why lawyers have this special status and the role that they play in the broader society. This is coming under challenge as a range of other individuals and groups seek to take on what might be traditionally seen as legal work. There is also a tension between the wish to maintain the integrity of the legal profession, while increasing access to it. The chapter shows that the legal profession is under challenge from a number of directions.

Chapter

Cover Legal Ethics

4. The regulation of the legal profession  

This chapter considers who is allowed to become a solicitor or a barrister. It also considers what training they must have completed. The profession of solicitor has recently undertaken some radical, and controversial, changes in relation to training. The chapter goes on to examine the nature of the ethical guidance issued by the profession through its Codes of Practice. It sets out the general principles which underpin the guidance for solicitors and barristers. There is discussion of the different ways in which the legal professions are regulated. The work of the Solicitors Regulatory Authority (SRA) and the Bar Standards Board (BSB) is explained.

Chapter

Cover Legal Systems & Skills

6. Legal services and the ethical lawyer  

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

This chapter examines the development of the legal profession in the UK. It discusses lawyers as professionals; the importance of legal services and their regulation; the legal profession in England & Wales; the role of ethics in lawyers’ work and the changing face of the legal profession within society.

Chapter

Cover Environmental Law

1. What is Environmental Law?  

This chapter provides an introductory overview to environmental law including the way the subject is defined and the challenges involved in studying it. As with other chapters in this book, this introductory chapter provides an advanced introduction to environmental law containing carefully selected abstracts from cases, legislation, and academic debate. The chapter begins with an overview of the environmental law landscape in the UK and moves on to describe three different ways to define environmental law—descriptively, purposively, and jurisprudential—and why these different definitions matter. The challenges of practising and studying environmental law are explored and in the last section a framework is provided for structuring environmental law inquiry. Overall, the chapter provides a launching off point for the study of environmental law as well as a reference point for those who are studying the subject.

Chapter

Cover The Successful Law Student: An Insider's Guide to Studying Law

4. Learning and Studying Law  

This chapter considers approaches to and developments in teaching and learning in law programmes. It looks at the student’s role in the learning process, and how they may be able to enhance their learning in law, for example by understanding learning strengths and working with them. The chapter also considers the importance of critical thinking and analysis in legal learning and beyond, and the notion of ‘thinking like a lawyer’. It considers techniques for responding to legal problems and questions, looking at the ‘IRAC’ (or ‘ILAC’) and ‘CEEO’ methods. It also considers the importance of making connections and developing argument and analysis.

Chapter

Cover Legal Ethics

1. Ethical theories  

This chapter sets out some general theories about ethics. How do we judge what is the right thing to do? What makes a decision morally justifiable? What makes a person good? It considers some ethical disagreements and describes some of the general ethical approaches that are taken to ethical dilemmas. It then addresses the question of whether lawyers’ ethics are any different from others. Finally, it looks at how legal training and legal practice has taken the ethical obligations of lawyers more seriously.

Chapter

Cover Legal Ethics

11. Third parties  

This chapter explores how lawyers can balance their obligations to promote their clients’ interests and their obligations to third parties. While there are circumstances in which duties are owed to third parties, these are limited. The law and ethical codes struggle to ensure that, even when these duties are imposed, they are not used to undermine the relationship between lawyer and client. The regulations ensure that the lawyer never acts against the best interests of the client.

Chapter

Cover Legal Ethics

2. The social context of the legal profession  

This chapter looks at lawyers in a broad social context. Lawyers hold a position of privilege within society by virtue of their knowledge about the law. It explores why lawyers have this special status and the role that they play in the broader society. It shows that the legal profession is under challenge from a number of directions.

Chapter

Cover Legal Ethics

3. The regulation of the legal profession  

This chapter considers who is allowed to become a solicitor or a barrister. It also considers what training they must have completed. The chapter goes on to examine the nature of the ethical guidance issued by the profession. There is discussion of the different ways in which the legal professions are regulated. The work of the Solicitors Regulatory Authority (SRA) and the Bar Standards Board (BSB) is explained.