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Chapter

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

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

This introductory chapter explains the philosophy of the book and its pedagogical features. It assists in broadening research skills and knowledge. Further, it introduces the Civil Procedure Rules. Finally, it highlights professional conduct considerations and how they are dealt with in this book.

Chapter

This introductory chapter explains the philosophy of the book and its pedagogical features. It assists in broadening research skills and knowledge. Further, it introduces the Civil Procedure Rules. Finally, it highlights professional conduct considerations and how they are dealt with in this book.

Chapter

This chapter concerns privilege. A witness is ‘privileged’ when they may validly claim not to answer a question, or to supply information relevant to the determination of an issue in judicial proceedings. Because the effect is to deprive the tribunal of relevant evidence, powerful arguments are required for such rules. Modern law has reduced their number and scope, although this is arguably balanced by an increase in their status, which has been further enhanced by implementation of the European Convention on Human Rights (ECHR). This chapter discusses certain types of privilege: the privilege against self-incrimination, legal professional privilege, privilege for statements made without prejudice as part of an attempt to settle a dispute, and a privilege derived from the former for statements made to a conciliator.

Book

Jonathan Herring

Legal Ethics provides an overview of this topic, highlighting that the issues surrounding professional conduct are not always black and white and raising interesting questions about how lawyers act and what their role entails. Key topics, such as confidentiality, negligence, and fees are covered, with references throughout to the professional codes of conduct. The work asks: who would or should defend a potential murderer in court? Can a lawyer represent two parties on the same case? Is ‘no win-no fee’ an ethical system? What are Chinese walls and do they work? Features throughout the title to aid learning include the highlighting of key cases, principles, and definitions; the inclusion of a variety of viewpoints through cases, popular media, and scholarly articles; and the inclusion of ‘digging deeper’ and ‘alternative viewpoint’ boxes which encourage critical reflection and better understanding of key topics.

Chapter

This chapter discusses the final stages of professional training necessary for students who wish to practise in one of the two traditional branches of the legal profession: the training contract for solicitors and pupillage for barristers. It offers guidance on the various specific areas of legal practice before explaining the structure, content, and purpose of training contracts and pupillage. The chapter concludes with a discussion on finding funding.

Chapter

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter discusses the law on medical malpractice. It covers breach of contract; establishing a case for negligence and the defences available; problems with clinical negligence; reforming the clinical negligence system; the NHS complaints system; professional regulation; whistleblowing; and criminal liability for gross negligence manslaughter and the new offence of wilful neglect. It also looks at the special issues raised in wrongful pregnancy and wrongful birth cases.

Chapter

The term ‘private privilege’ relates to separate privileges that prevent evidence from being disclosed in litigation, or witnesses from being compelled to answer questions at trial. In a criminal case, privilege may be claimed in two situations: legal professional privilege and the privilege against self-incrimination. This chapter discusses legal professional privilege in criminal cases; legal professional privilege and the courts; waiving legal professional privilege; the privilege against self-incrimination; and the privilege against self-incrimination and the European Convention on Human Rights 1950.

Chapter

This chapter deals with important issues arising in relation to a mortgage taken out by a client to assist in financing the purchase of a property. It looks at the most popular types of mortgage, the impact of the Financial Services and Markets Act 2000, and other matters, including important professional conduct issues. It also considers mortgages of leasehold property and mortgages of commercial property.

Chapter

Although a large percentage of civil cases are settled well in advance of trial, it remains important for legal representatives look to the possibility of running a case to trial. This chapter focuses on fast-track and multi-track cases that proceed to trial. It covers professional conduct issues; procedural and administrative preparation for trial; the day of the trial; judgment and appeals. It also discusses settlement without trial.

Chapter

Martin Hannibal and Lisa Mountford

The term ‘private privilege’ relates to separate privileges that prevent evidence from being disclosed in litigation, or witnesses from being compelled to answer questions at trial. In a criminal case, privilege may be claimed in two situations: legal professional privilege and the privilege against self-incrimination. This chapter discusses legal professional privilege in criminal cases; legal professional privilege and the courts; waiving legal professional privilege; the privilege against self-incrimination; and the privilege against self-incrimination and the European Convention on Human Rights 1950.

Chapter

This chapter deals with important issues arising in relation to a mortgage taken out by a client to assist in financing the purchase of a property. It looks at the most popular types of mortgage, the impact of the Financial Services and Markets Act 2000, and other matters, including important professional conduct issues. It also considers mortgages of leasehold property and mortgages of commercial property.

Chapter

Although a large percentage of civil cases are settled well in advance of trial, it remains important for legal representatives look to the possibility of running a case to trial. This chapter focuses on fast-track and multi-track cases that proceed to trial. It covers professional conduct issues; procedural and administrative preparation for trial; the day of the trial; judgment and appeals. It also discusses settlement without trial.

Chapter

This chapter explains how the IRAC method of legal essay writing can be adapted for professional practice, with particular reference to drafting original documents (letters, attendance notes, memoranda, briefs (instructions) and opinions) that do not rely on precedents. While the discussion does not go into the same amount of detail as a professional legal training course, it does outline the forms of documents that every law student will encounter in legal practice and demonstrate how the IRAC method can be used to create those types of documents. The chapter also provides a brief overview of various formatting issues that may arise in professional practice. Writing tips are provided throughout the chapter.

Chapter

This chapter discusses the law’s response to medical malpractice. It covers breach of contract; negligence; problems with the clinical negligence system; the NHS complaints system; professional regulation; whistleblowing; criminal liability for gross negligence manslaughter and the new offence of wilful neglect. It also looks at the special issues raised in wrongful pregnancy and wrongful birth cases.

Chapter

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.

Chapter

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

Alistair Fraser and Dick Hobbs

This chapter examines a range of criminological classifications for urban criminal groups, covering both youthful and adult-oriented collaborations. The chapter provides a critical overview of the following categorizations: gangs; subcultures; neighbourhood crime groups; professional crime; the underworld; and organized crime. Debates relating to each are introduced. While criminological approaches to youthful groups have a clear history, from the ‘Chicago School’ to the ‘Birmingham School’, perspectives on adult groups are less solid and more interdisciplinary. In both cases, the chapter argues that criminological classifications have struggled to capture the complexities brought on by the changing nature of the urban political economy. The chapter concludes by introducing a critical perspective that problematizes criminological categorizations of urban criminal collaborations.

Chapter

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. This chapter looks at the multitude of different professionals, both legal and lay, in the English legal system (ELS). Legal professionals, often referred to as ‘lawyers’, includes such individuals as solicitors, barristers, legal executives, and paralegals. Barristers and solicitors were traditionally two very distinct roles in the ELS. Nowadays, a fusion of roles has occurred, meaning that the two professions are not as different as they formerly were. Meanwhile, judiciary refers to the various judicial ‘offices’ and ‘office-holders’. Law officers are the individuals responsible for the operation of the ELS and include such persons as the Attorney General and the Solicitor General. Court staff are the individuals involved in the day-to-day running of the ELS and include such persons as clerks, ushers, legal advisers, and many other persons. Finally, laypersons refer to a special class of individuals—namely magistrates and juries responsible for trying cases in the Crown Court and magistrates’ court respectively.