This chapter draws upon some of the material covered in previous sections of the book that focused upon helping students locate and understand the law in order to prepare and deliver an effective oral presentation. It starts by outlining some guidelines on preparing a presentation, including selecting an appropriate topic and making decisions about the use of supplementary materials such as handouts or PowerPoint slides. It then considers issues relating to the delivery of the presentation, including matters such as timing, combating nerves, and engaging the interest of the audience.
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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.
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This chapter discusses the skills needed for practical problem-solving. It focuses on understanding the importance of a problem-solving strategy for effective practice; using a variety of problem-solving techniques; and developing an effective risk-management strategy for one’s own work.
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This chapter discusses the processes of continued learning and development throughout one’s legal career. It focuses on how experiential learning happens; how to use personal experiences to become more proficient; and self-development activities.
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A law degree can provide the student with opportunities to put their knowledge of law and your legal skills into practice, and further develop skills that are key to legal practice. This is important if they want to pursue a career as a lawyer of course, but is of much wider value in developing specific skills to enhance employability more generally. This chapter explores the important legal skills-related extracurricular activities that are commonly available, considering the value of these programmes to the successful law student. It explains how these activities can further develop skills such as analysis and critical thinking, while also developing transferable skills such as professionalism, teamwork, presentation, and timeliness.
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The role of a student or practitioner in the dispute resolution (or litigation) department is to assist in the procedural and theoretical aspects of a client’s case. These latter aspects can include consideration of matters that can determine where an action proceeds and whether it is capable of proceeding. This chapter deals with issues that may be considered either before seeing a client on a new matter, at the first meeting, or, more commonly, after receiving detailed instructions and reflecting on the overall issues in the case. It considers jurisdiction and governing law; the capacity to sue or be sued; limitation; the legal components of an action; and remedies.
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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.
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A statement of case is a summary of allegations of fact which sets out all the elements required by law to show a cause of action, and entitlement to all remedies claimed. Clear, concise, and complete statements of case are central to effective litigation. A good statement of case encapsulates what the case is about, demonstrating good factual analysis, based on a proper understanding of the relevant law. This chapter deals with the rules and skill related to statements of case, and how statements of case can be refined. The discussions cover the process for drafting a statement of case; rules for drafting; principles for focusing on issues; headings for statements of case; framework for particulars of a claim; specifying remedies and relief; refining a statement of case; and challenging a statement of case.
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This Guide is concerned with the lawyers’ skills that underpin practice as a solicitor and which are introduced during the Legal Practice Course (LPC). It serves as a supplement rather than a substitute for skills training undertaken on the LPC. This introductory chapter briefly discusses the nature of legal skills training and then provides instructions on how to use the present Guide.
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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.
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This chapter discusses the use of the legal knowledge in practice. A good general working knowledge of legal principles for effective legal practice should enable a lawyer to get initial ideas about the legal shape of a case so as to be able to draw up a proper research plan. Without a good general knowledge it can be difficult to know where to start, or to spot areas of a case that might require legal analysis. The chapter explains the use of practitioner sources (i.e. statutes and statutory instruments, case law, books and journals, online resources, and other lawyers); the importance of strategic legal research; planning research and presenting findings; the ways in which law is used in litigation; and combining law and fact to define a case. Once full analysis of facts and law has been put together to define a case, the resulting legal elements and the factual allegations that show the legal elements comprise the issues in the case. These issues are then the focus for all decisions on procedure and evidence, and for case management once proceedings are issued.
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This chapter provides an overview of the roles that different types of legal practitioners traditionally take in the litigation process. In England and Wales, it remains the norm that a client will initially approach a solicitor, who may then brief a barrister to provide specialist advice, to carry out key functions such as drafting statements of case, and to appear in court if litigation proceeds. The chapter goes on to discuss the main provisions in the codes of conduct that are relevant to litigation; professional privilege and confidentiality; professional negligence; options for clients dissatisfied with the standard of work done by a lawyer; the use of alternative business structures (ABS) for the delivery of legal services; and the regulation of an ABS.
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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.
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This chapter focuses on legal fees. It discusses the ways in which lawyers charge fees and the different ways of funding legal costs. It goes on to consider the ethical aspects of fees. The chapter covers conditional fee arrangements (CFAs) and speculative fees, legal expense insurance, hourly fees, and legal proceedings to recover fees. It also discusses legal aid.
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Clare Firth, Jennifer Seymour, Lucy Crompton, Helen Fox, Frances Seabridge, Jennifer Seymour, and Elizabeth Smart
A concerted effort is being made within the UK and EU to crack down on money laundering. This is reflected by the European Money Laundering Directives, which led to changes in the UK legislation, in particular the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations (MLR). Solicitors are usually unwittingly involved in a money laundering scheme. They can avoid this by being conversant with the requirements of the money laundering legislation and fully complying with it. This chapter explains the process of money laundering; the primary legislation and offences; and the relevance of the legislation to solicitors.
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This chapter considers the process by which students are required to demonstrate their knowledge and abilities on property law and practice-the subject assessment or examination itself. It presents some hints and tips to enhance and improve examination technique.
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Conveyancing practitioners, whether they are acting for the seller or the buyer, still have much to do once completion has taken place. However, the buyer’s solicitor will have more work to do, as in most transactions acting on behalf of the buyer means after completion dealing with the possible payment of stamp duty land tax and then registration of the title and/or transfer. So far as the seller is concerned, if there is a mortgage, paying off any lender is required, as well as accounting to the client for the net proceeds of sale. This chapter considers all these post-completion procedures.
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This chapter considers what can be done if a conveyancing contract is delayed, disputed or denied. A practitioner must be able to advise a client when a transaction goes wrong and remedies are sought to correct that wrong. The discussions cover late completion; conditions when time is of the essence for a conveyancing contract; consequences of delay; notices to complete; and remedies.
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Deducing title is the process by which the seller demonstrates to the buyer that the seller owns the property and can convey it. In a modern conveyancing transaction the parties will deduce and investigate title before contracts are exchanged. This chapter explains the process of deducing title; investigating title; and some special title situations.
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This chapter deals with the issue of facts in a legal case. Effective litigation requires close attention to establishing and analysing the facts relevant to a case, and an ability to understand and address the problems that dealing with facts can present. It is a vital function of the lawyer to be proactive in gathering, sifting, proving, and presenting the facts. The chapter discusses the challenges of establishing truth and ways to address problems with facts; establishing facts; the stages at which factual information is likely to become available (e.g. the first meeting between the lawyer and the client or following pre-action exchange of information); managing and analyzing facts; identifying and dealing with those gaps in facts; and the interaction of facts and law. The final section explains how to build a factual framework for a case.
