Advocacy involves the presentation to a judge of two competing versions of the facts, of the law, or both. This chapter discusses the skills of solicitor advocacy. It focuses on identifying key principles of the ethics of advocacy; understanding the structure of a case presented for trial; developing a case presentation strategy incorporating the client’s goals; making an effective submission; and planning an examination-in-chief and cross-examination using appropriate questions.
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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.
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Jennifer Seymour, Clare Firth, Lucy Crompton, Helen Fox, Frances Seabridge, Susan Wigglesworth, and Elizabeth Smart
This chapter provides an overview of Chapters 13 to 15. When a person dies, their relatives or friends usually deal with the most pressing matters—registering the death and arranging the funeral—before consulting a solicitor. In simple cases, or where the deceased has left little property, it may well be that a solicitor is not consulted at all. Commonly, however, the advice of a solicitor will be sought as to who is entitled to the deceased’s property, as to the liability of the estate to tax, and generally as to ‘what has to be done’ in order to pass the deceased’s property to those now entitled to it.
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Clare Firth, Jennifer Seymour, Lucy Crompton, Helen Fox, Frances Seabridge, Jennifer Seymour, and Elizabeth Smart
This chapter provides an overview of Chapters 13 to 15. When a person dies, their relatives or friends usually deal with the most pressing matters—registering the death and arranging the funeral—before consulting a solicitor. In simple cases, or where the deceased has left little property, it may well be that a solicitor is not consulted at all. Commonly, however, the advice of a solicitor will be sought as to who is entitled to the deceased’s property, as to the liability of the estate to tax, and generally as to ‘what has to be done’ in order to pass the deceased’s property to those now entitled to it.
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This chapter discusses the skills needed for drafting legal documents. It covers preparing to draft; responsibility for drafting; getting down to drafting; the appearance, style, and content of the draft; the use of grammar and language; the process of amendment; engrossment and completion; construction of documents; applying the ‘plan, write, revise’ approach; and persuasive and informative drafting.
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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 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.
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This chapter discusses workload management skills. It focuses on managing time for personal effectiveness; developing a project management approach to legal work; key issues of working with and for others; and managing stress.
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This chapter discusses legal negotiating skills. It covers the characteristics of effective negotiators; negotiating styles and strategies; common negotiating mistakes; and negotiation and alternative dispute resolution.
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Jennifer Seymour, Clare Firth, Lucy Crompton, Helen Fox, Frances Seabridge, Susan Wigglesworth, and Elizabeth Smart
A concerted effort is being made within the EU to crack down on money laundering. This is reflected by both the European Money Laundering Directives, which have 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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Alisdair A. Gillespie and Siobhan Weare
This chapter explains what the legal professions are, what they do, and how to qualify as a member of the professions. It examines the rules governing practice as a member of the professions and, in particular, the issue of ethical behaviour. There are three principal branches to the legal profession in England and Wales. The first consists of barristers, the second of solicitors, and the third of chartered legal executives. The routes to qualification vary for each of the branches, but broadly speaking all involve an academic stage and work-based training. When considering the current routes to qualification for each of the branches of the profession, the chapter also explores potential qualification reforms, in particular those proposed by the Solicitors’ Regulation Authority with the introduction of the Solicitors’ Qualifying Exam (SQE). Diversity within each branch of the profession is also explored in relation to gender, ethnicity, and socio-economic backgrounds.
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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
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.
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
Alisdair A. Gillespie and Siobhan Weare
This chapter explains what the legal professions are, what they do, and how to qualify as a member of the professions. It examines the rules governing practice as a member of the professions and, in particular, the issue of ethical behaviour. There are three principal branches to the legal profession in England and Wales. The first consists of barristers, the second of solicitors, and the third of chartered legal executives. The routes to qualification vary for each of the branches, but broadly speaking all involve an academic stage and work-based training. When considering the current routes to qualification for each of the branches of the profession, the chapter also explores potential qualification reforms, in particular those proposed by the Solicitors’ Regulation Authority with the introduction of the Solicitors’ Qualifying Exam (SQE). Diversity within each branch of the profession is also explored in relation to gender, ethnicity, and socio-economic backgrounds.
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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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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.
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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.
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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.
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This chapter considers the roles of solicitors and barristers and other legal professionals such as Chartered Legal Executives and paralegals. It outlines the basic business models of legal practice, including alternative business structures (ABS) and the constraints on such organisations. It discusses the rules affecting practice as a solicitor or a barrister and outlines the regulatory organisations overseeing solicitors and barristers. It explains the routes to qualification for barristers: what pupillage is, the need for barristers to be members of an Inn of Court, and the route for solicitors via a training contract. The debate as to whether the two main branches of the legal profession should be fused into one is set out. The most recent reforms to legal education are signposted.
