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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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.
Book
A Practical Approach to Effective Litigation analyses the key skills needed to handle a case effectively. At a time of rapid and wide-ranging change in the delivery of legal services, the current edition reworks the text to take into account the implications of the implementation of the Jackson Review, and to see effective litigation clearly in the context of concerns about funding, case management by the court, costs, and the growing use of alternative dispute resolution. The volume has a strong focus on the needs of the legal practitioner, the decisions to be taken at each stage of a case, and the criteria to apply in making those decisions. This is all securely based in references to relevant Civil Procedure Rules and decided cases, with checklists and commentary to assist in the project management of a case. The work also focuses on the skills a lawyer needs to work effectively. This includes skills in dealing with a client, drafting legal documents, and presenting a case in court. Throughout the work the emphasis is on demonstrating how to use law effectively, how to develop a case, and how to present persuasive arguments. Lawyers operate in an increasingly complex environment, faced with challenges in funding a case, in managing a case to avoid sanctions, and in using complex rules to best effect. The work addresses the use of legal knowledge and skills within this rapidly changing context, bearing in mind not least that the pace of change is likely to continue with the developing use of IT, and the widening use of alternative business structures.
Chapter
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
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. This chapter addresses funding access to the English legal system. Funding legal services may be provided publicly or privately. Public funding relates to funding available from the state, whereas private funding specifically refers to the assets and monetary resources available to that specific individual. Only certain individuals are entitled to benefit from public funding, whilst all persons can, in theory, privately fund legal services. Moreover, legal aid—meaning state-funded assistance in legal matters—is available in both criminal and civil cases but is restricted to narrow circumstances and types of cases. The availability of legal aid depends on several tests set by the government. Where legal aid is not available and the individual cannot privately fund their case, pro bono institutions may be available to provide advice.
Chapter
Scott Slorach, Judith Embley, Peter Goodchild, and Catherine Shephard
This chapter first discusses the business aspect of law firms. Law firms have the same financial motivations and pressures as any other business. They need money (investment) to set up, and then to survive and grow. Law firms need to make a profit, attract clients, and stay ahead of other law firms. They operate within the legal market, producing a product-legal services-the ‘consumers’ of which are the clients. The chapter considers the different types of law firm operating within this market, who their clients are, and why those clients chose a particular firm. It examines the challenges faced by law firms in both the domestic and international markets.
Chapter
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
Scott Slorach, Judith Embley, Peter Goodchild, and Catherine Shephard
This chapter first discusses the business aspect of law firms. Law firms have the same financial motivations and pressures as any other business. They need money (investment) to set up, and then to survive and grow. Law firms need to make a profit, attract clients, and stay ahead of other law firms. They operate within the legal market, producing a product-legal services-the ‘consumers’ of which are the clients. The chapter considers who those clients are, and why they chose a particular firm.
Chapter
This chapter sets out the basic aims, themes, and structure of this book which are to provide an introductory account of the English legal system, to note how it has developed in recent years, and to consider how it may develop in future. Part II raises fundamental issues about the social functions of law and the legitimacy of law; and considers the institutional framework within which law is made. Part III looks at the different contexts in which law is developed and practised. Part IV looks at the provision and funding of legal services. Finally, Part V offers reflexions on a system in flux.
Book
Scott Slorach, Judith Embley, Catherine Shephard, and Peter Goodchild
Legal Systems & Skills provides essential knowledge and skills for underpinning legal studies, providing a foundation for graduate employability both within and outside the legal service profession. It develops students’ understanding in three core areas: legal systems, legal skills, and professional development and commercial awareness. The first part of the book looks at legal systems, sources of law, legislation, case law, and legal services and ethics. The next part considers, in the context of academia and practice, how to read and understand law, legal research, problem solving, oral communication and presentations, client interviews and meetings, negotiation and mediation, mooting, advocacy and criminal advocacy competitions, writing and drafting, and revision and assessment. The final part examines employability skills, commercial awareness, business, economics and finance, law firms, and clients.
Chapter
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
This chapter focuses on how legal services, in particular litigation, to the less well off and the poor are paid for. It considers first the radically changed shape of the legal aid scheme and publicly funded legal services in recent years and then discusses the developments designed to control the costs of litigation. It summarizes new ideas for the funding of litigation and improving access to justice. It considers the contribution of the legal profession and approaches to re-engineering the system, finally asking whether new processes—alternatives to the courts—might be better at providing cost effective and proportionate dispute resolution services.
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
Matthew J. Homewood and Clare Smith
This chapter focuses upon Article 49 TFEU and the Freedom of establishment and Article 56 TFEU and the freedom to provide services. The chapter explores the meaning and scope of the concepts including application to both natural and legal persons alongside an analysis of the content of rights afforded and the equal treatment provisions therein. Consideration is also given to derogations to the freedoms on the grounds of public policy, public security, and public health (Articles 52 and 62 TFEU) and the official authority exception within Articles 51 and 62 TFEU.
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 first discusses the freedom of establishment, distinguishing between the freedom of establishment for natural persons and the freedom of establishment for legal persons; and then considers the freedom to provide and receive services, explaining the possible derogations to both freedoms.
Chapter
This chapter focuses upon Article 49 TFEU and the Freedom of establishment and Article 56 TFEU and the Freedom to provide services. The chapter explores the meaning and scope of the concepts including application to both natural and legal persons alongside an analysis of the content of rights afforded and the equal treatment provisions therein. Consideration is also given to derogations to the freedoms on the grounds of public policy, public security, and public health (Articles 52 and 62 TFEU) and the official authority exception within Articles 51 and 62.
Chapter
This chapter explores the nature of the relationship between a lawyer and a client. It discusses professional codes and the three principles of standard conception: partisanship, neutrality, and non-accountability. It goes on to discuss the advertising of legal services, the ‘cab-rank rule’, solicitors and client choice, and ending a relationship with a client. It considers how lawyers should balance their duties to their clients and to others. The chapter also discusses the nature of the contract between solicitors and their clients.
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 first discusses the freedom of establishment, distinguishing between the freedom of establishment for natural persons and the freedom of establishment for legal persons; and then considers the freedom to provide and receive services, explaining the possible derogations to both freedoms. Finally, there is consideration of the impact of Brexit on the freedom of establishment and the freedom to provide and receive services.
Chapter
This chapter explores the nature of the relationship between a lawyer and a client. It discusses how the professional codes regulate that relationship. It also looks at three standard conceptions from an ethical perspective: partisanship, neutrality, and non-accountability. The differences between these turn on the extent to which the interests of the client should be the sole primary concern of a lawyer. It goes on to discuss the advertising of legal services, the ‘cab-rank rule’, solicitors and client choice, and ending a relationship with a client. It considers how lawyers should balance their duties to their clients and to others. The chapter also discusses the nature of the contract between solicitors and their clients.
Book
Martin Partington
Introduction to the English Legal System 2021–2022 has been fully updated to consider the latest developments in the English legal system. The underlying theme is change and the impact of the COVID-19 pandemic and the underlying approach is holistic. Changes to the criminal system (Chapter 5), the administrative system (Chapter 6), the family justice system (Chapter 7), and the civil and commercial (Chapter 8) justice systems are all considered. Developments in the ways in which the legal profession is regulated are also discussed (Chapter 9). Ways of funding access to justice and controlling the cost of litigating are considered (Chapter 10), as are the purposes and sources of law (Chapters 2 and 3). Chapter 11 offers a final reflection on a system in flux.
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