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Chapter

This chapter discusses the skills needed for effective legal writing. It focuses on the ‘Plan, Write, Revise’ approach to effective writing; strategies for developing the ability to write plain English; how to vary language and style to suit the needs of readers; and being self-critical and continuing to develop writing skills.

Chapter

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

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

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

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

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 chapter analyses the stages of a criminal trial. The trial begins with the arraignment of the defendant, wherein the defendant is accused in court of the offence or offences which are to be tried. Twelve jurors, which are members of the public, are then sworn to try the case. The prosecuting lawyer makes a short opening statement telling the jury what the case is all about. Each of the prosecution witnesses is then called to give evidence from the witness box directly opposite the jury so that the jury can observe them. After the prosecution's case is presented, the defence lawyer may or may not make an opening speech, then continues in giving evidence. Both the prosecuting lawyer and defence lawyer give closing speeches. The judge then sums up the case, the jury announces their verdict, and the defendant is sentenced.

Chapter

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

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

This chapter discusses the skills of interviewing and advising clients. It covers the purpose of interviews; the importance of non-verbal communication; preparing for initial client interviews; the WASP approach; listening and questioning techniques; providing appropriate advice and information; and establishing a professional relationship with the client.

Chapter

Legal representatives are obliged to give clients the best information possible about the likely costs of pursuing and ultimately resolving disputes, and to discuss with the client the best way of funding the action. This funding advice is inextricably linked to a legal representative’s professional conduct duties highlighted in the Handbook. This chapter focuses on the information clients need to know about costs in accordance with the Handbook’s Principles and its Chapter 1 on Client Care in the Code, as well as the different types of funding options available that may or may not be offered to a client. This chapter considers important recent changes in the application of costs and funding options in litigation.

Chapter

This chapter begins by identifying the various skills that family lawyers must possess. These include technical skills such as advocacy, interviewing, negotiation, and writing; and ‘soft skills’, i.e. interpersonal and organizational skills, such as persuasiveness, tact, diplomacy, and time management. The discussion then turns to the professional conduct issues that are crucial to seeing a client for the first time, including confidentiality and money laundering. It includes the new General Data Protection Regulation (GDPR) which was implemented in May 2018. It also considers the importance of the first interview with the client and the client care letter. Litigants in person are also explained and discussed.

Chapter

Legal representatives are obliged to give clients the best information possible about the likely costs of pursuing and ultimately resolving disputes, and to discuss with the client the best way of funding the action. This funding advice is inextricably linked to a legal representative’s professional conduct duties highlighted in the Handbook. This chapter focuses on the information clients need to know about costs in accordance with the Handbook’s Principles and its Chapter 1 on Client Care in the Code, as well as the different types of funding options available that may or may not be offered to a client. This chapter considers important recent changes in the application of costs and funding options in litigation.

Chapter

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.

Chapter

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

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

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

Legal representatives are obliged to give clients the best information possible about the likely costs of pursuing and ultimately resolving disputes, and to discuss with the client the best way of funding the action. This funding advice is inextricably linked to a legal representative’s professional conduct duties highlighted in the Handbook. This chapter focuses on the information clients need to know about costs in accordance with the Handbook’s Principles and its Chapter 1 on Client Care in the Code, as well as the different types of funding options available that may or may not be offered to a client. The chapter considers important recent changes in the application of costs and funding options in litigation.

Chapter

This chapter begins by identifying the various skills that family lawyers must possess. These include technical skills such as advocacy, interviewing, negotiation, and writing; and ‘soft skills’. The discussion then turns to the professional conduct issues that are crucial to seeing a client for the first time, including confidentiality and money laundering. It includes the General Data Protection Regulation (GDPR) The Divorce, Dissolution and Separation Act 2020 is mentioned as well as the new Solicitors Regulatory Authority’s (SRA) Standards and Regulationswhich came into force in November 2019. Litigants in person are also explained and discussed.

Chapter

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.