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Chapter

Cover English Legal System

10. Access to justice  

This chapter addresses the issues and arguments surrounding access to justice. The chapter considers changes and proposed changes to legal aid provision. There is an outline of the basic principles relating to public funding in both civil and criminal cases. Different methods of funding civil legal representation are discussed including CFAs and DBAs. Organizations involved in giving legal advice, including Citizens Advice and law centres, are also included in the discussion about the availability of legal advice.

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 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 Systems & Skills

18. Understanding clients: individuals and businesses  

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

This chapter uses a client case study to explore life events that will require individuals and businesses to have recourse to the law. It also looks at how both individuals and businesses raise money, showing that there are many reasons why individuals and businesses will have recourse to the law. Often the need for legal services is triggered by some form of important life event, such as moving house, divorce, or setting up a business. All life events will have a legal and financial impact on individuals and businesses. Lawyers need to anticipate their clients’ needs in the light of this.

Chapter

Cover Legal Systems & Skills

17. Understanding clients: individuals and businesses  

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

This chapter uses a client case study to explore life events that will require individuals and businesses to have recourse to the law. It also looks at how both individuals and businesses raise money, showing that there are many reasons why individuals and businesses will have recourse to the law. Often the need for legal services is triggered by some form of important life event, such as moving house, divorce, or setting up a business. All life events will have a legal and financial impact on individuals and businesses. Lawyers need to anticipate their clients’ needs in the light of this.

Chapter

Cover Evidence

9. Legal Professional Privilege  

Chapter 9 focuses on the doctrine of legal professional privilege. Technically, this encompasses two separate privileges: legal advice privilege, which protects communications between client and legal adviser; and litigation privilege, which protects communications between client or legal adviser and a third party, so long as preparation for litigation is the dominant purpose of the communication. Legal advice privilege, unlike litigation privilege, is regarded as ‘absolute’ and incapable of being overridden. The chapter also briefly looks at ‘without prejudice privilege’, aspects of which the House of Lords and Supreme Court have considered in relatively recent years.

Chapter

Cover Introduction to the English Legal System

9. Providing legal services: the legal professions  

This chapter discusses the role both of those professionally qualified to practise law—solicitors and barristers—and of other groups who provide legal/advice services but who do not have professional legal qualifications. It examines how regulation of legal services providers is changing and the objects of regulations. It notes the development of new forms of legal practice. It also considers how the use of artificial intelligence may change the ways in which legal services are delivered. The chapter reflects on the adjudicators and other dispute resolvers who play a significant role in the working of the legal system, and on the contribution to legal education made by law teachers, in universities and in private colleges, to the formation of the legal profession and to the practice of the law.

Chapter

Cover Murphy on Evidence

19. Public interest immunity and privilege II  

Privilege

A privilege is a rule of law that permits a witness to refuse to answer a question, or a party to refuse to produce certain materials. This chapter discusses the privilege against self-incrimination. Legal professional privilege, consisting of legal advice and litigation privilege, is explained along with the exceptions and the importance of the ‘dominant purpose’ rule in litigation privilege and the limitation of litigation privilege to adversarial, and not investigative or inquisitorial, proceedings. Other privileges, in particular the ‘without prejudice’ rule in civil cases, and the protection of sources of information contained in publications under the Contempt of Court Act 1981, s. 10, are also examined.

Chapter

Cover Evidence Concentrate

11. Privilege  

This chapter looks at the rules relating to legal professional privilege and, in outline, the doctrine of the privilege against self-incrimination. Under these provisions potentially relevant evidence may be excluded at trial. The role of legal professional privilege in protecting defendants in criminal trials is outlined and the absolutist stance of the courts discussed. The chapter outlines the various immunities which are embraced under the privilege against self-incrimination. Summarizing some recent case law, the chapter reflects on the extent to which the privilege may now extend to a broader set of circumstances than the earlier authorities suggested. For example, the privilege may not necessarily be unavailable against the use of compelled questions in an administrative enquiry.

Chapter

Cover The Modern Law of Evidence

22. Privilege  

This chapter discusses several well-established principles whereby relevant evidence is excluded because of extrinsic considerations which outweigh the value that the evidence would have at trial. Three types of privilege are considered: (i) the privilege against self-incrimination (including statutory withdrawal of the privilege, compatibility with Art 6 of the European Convention on Human Rights, the compulsory production of pre-existing documents and materials, and substituted protection); (ii) legal professional privilege, which enables a client to protect the confidentiality of (a) communications between him and his lawyer made for the purpose of obtaining and giving legal advice (known as ‘legal advice privilege’) and (b) communications between him or his lawyer and third parties for the dominant purpose of preparation for pending or contemplated litigation (known as ‘litigation privilege’); and (iii) ‘without prejudice’ privilege, which enables settlement negotiations to be conducted without fear of proposed concessions being used in evidence at trial as admissions.

Chapter

Cover Legal Systems & Skills

9. Problem-solving and case/matter analysis  

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

This chapter first explains how to deal with problem-solving questions set for students on undergraduate law programmes. This includes consideration of the IRAC model and how to identify the relevant issues, apply the relevant law to the facts, identify a remedy, draw a clear conclusion, and structure and communicate an answer effectively. It then explores the practicalities for lawyers when problem-solving in practice, such as: effective case/matter analysis, clients providing insufficient or too much information, taking account of clients’ personal and commercial objectives, and considering other stakeholders’ interests. Next, the chapter considers in more detail the conclusion of problem-solving in practice: identifying options and advising the client.

Chapter

Cover Sanders & Young's Criminal Justice

4. Detention in the police station  

This chapter examines the effectiveness of the checks, controls, and safeguards provided for suspects in police detention, including for suspects considered to be vulnerable by the police. It also evaluates the effect of the European Convention on Human Rights and the Human Rights Act 1998. The discussions cover the powers and duties of custody officers and detention officers; length of detention without charge; suspects’ rights including the right to legal advice and the rights of vulnerable suspects; the purpose of and experiences of police detention; and deaths in police custody.

Chapter

Cover Legal Systems & Skills

9. Problem-solving and case/matter analysis  

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

This chapter first explains how to deal with problem-solving questions set for students on undergraduate law programmes. This includes consideration of the IRAC model and how to identify the relevant issues, apply the relevant law to the facts, identify a remedy, draw a clear conclusion, and structure and communicate an answer effectively. It then explores the practicalities for lawyers when problem-solving in practice, such as: effective case and matter analysis, clients providing insufficient or too much information, taking account of clients’ personal and commercial objectives, and considering other stakeholders’ interests. Next, the chapter considers in more detail the conclusion of problem-solving in practice: identifying options and advising the client.