Skills for Lawyers 2020/2021

Elkington

Sujets

• Droit et juridique

Informations

• Publié par: College of Law Publishing
• Date de parution: 01 janvier 0001
• Nombre de lectures: 1
• EAN13: 9781913226718
• Langue: English
• Poids de l'ouvrage: 1 Mo

Extrait

SKILLS FOR LAWYERS

Published by
College of Law Publishing, Braboeuf Manor, Portsmouth Road, St Catherines, Guildford GU3 1HA
© The University of Law 2020
All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any way or by any means, including photocopying or recording, without the written permission of the copyright holder, application for which should be addressed to the publisher.
Crown copyright material is licensed under the Open Government Licence v3.0.
EU material is © European Union, http://eur-lex.europa.eu/ , 1998–2020.
British Library Cataloguing-in-Publication Data
A catalogue record for this book is available from the British Library.
ISBN: 978 1 913226 63 3
Typeset and Designed by Style Photosetting Ltd, Mayfield, East Sussex
Index by Moira Greenhalgh, Arnside, Cumbria
Preface
Knowledge of how a car engine works and the rules of the Highway Code is not enough to make anyone a good driver. Knowledge of the law and procedure is not enough to make you a good lawyer. Practice of law requires more than academic and technical understanding. To be a good lawyer you must develop the skills which will allow you to use your knowledge of law and procedure in an effective, ethical and efficient way.
The core skills are:

(a) writing and drafting;
(b) legal research;
(c) interviewing and advising clients;
(d) negotiation; and
(e) advocacy.
The chapters covering each of these skills provide essential introductory reading for those taking the Legal Practice Course and for anyone interested in pursuing a legal career. They can also be useful for trainees and qualified lawyers as a reference and in monitoring their own development and evaluating others.
Contents
PREFACE
CASE SCENARIOS
Road traffic accident / Personal injury case study
Potential transaction
Part I WRITING AND DRAFTING
Chapter 1 WRITING AND DRAFTING

1.1 Introduction to writing and drafting
1.2 Preparation and research
1.3 Planning
1.4 Drafting
1.5 Checking
1.6 Practical and ethical considerations
1.7 Writing letters
1.8 Writing reports and memoranda
1.9 Spelling and grammar
ANSWERS TO EXERCISES
Part II PRACTICAL LEGAL RESEARCH
Chapter 2 INTRODUCTION TO PRACTICAL LEGAL RESEARCH

2.1 Why should I read this section?
2.2 The role of legal research in the office
2.3 Problem-solving
2.4 Principles of practical legal research
Chapter 3 ONLINE VERSUS PRINTED SOURCES

3.1 Introduction
3.2 Advantages of printed sources
3.3 Advantages of online sources
3.4 Accessing online sources
3.5 Guidelines for searching online databases
3.6 The free Internet: Google and beyond
Chapter 4 GETTING STARTED

4.1 Introduction
4.2 Halsbury’s Laws of England
4.3 Practitioner books
4.4 Widening the net
Chapter 5 RESEARCHING CASE LAW

5.2 Which source of cases has the most authority?
5.3 How do I cite cases?
5.4 How do I find a case with an incomplete citation?
5.5 How do I update a case?
5.6 How do I find cases on a subject?
Chapter 6 RESEARCHING LEGISLATION

6.1 Introduction
6.2 How do I cite legislation?
6.3 Where can I find Acts?
6.4 How do I establish whether an Act has come into force?
6.5 Where can I find statutory instruments?
6.6 Legislation on LexisLibrary
6.7 Legislation on Westlaw
6.8 How do I update legislation?
Chapter 7 RESEARCHING EUROPEAN UNION LAW

7.1 Introduction
7.2 General sources
7.3 Primary legislation
7.4 Secondary legislation
7.5 Case law
Chapter 8 RESEARCHING FORMS AND PRECEDENTS

8.1 Introduction
8.2 Atkin’s Court Forms
8.3 Encyclopaedia of Forms and Precedents
Chapter 9 THE RESULT OF LEGAL RESEARCH

9.1 Recording research
9.2 Reporting research
9.3 Cite it right
Part III ORAL COMMUNICATION SKILLS
Chapter 10 INTRODUCTION TO ORAL COMMUNICATION SKILLS

10.1 The importance of oral communication skills
10.2 Listening
10.3 Questioning
10.4 Non-verbal communication
10.5 Conclusion
Chapter 11 INTERVIEWING AND ADVISING

11.1 Why is it important for a solicitor to be a good interviewer?
11.2 Objectives of a solicitor/client interview
11.3 Common failings
11.4 Two ingredients for success – skills and structure
11.5 The skills
11.6 Client care and costs information
11.7 An overview of the structure of the interview
11.8 Structure and management of the initial interview
11.9 The secret of success – practice
Chapter 12 NEGOTIATION AND ALTERNATIVE DISPUTE RESOLUTION

12.1 Introduction
12.2 The ethics of negotiation
12.3 Negotiating styles
12.4 Preparation for a negotiation
12.5 The forum for the negotiation
12.6 Other considerations before a meeting
12.7 Overview of a negotiation
12.8 The opening
12.9 The middle phase: discussion and bargaining
12.10 The end: closing a negotiation
12.11 ‘Dirty tricks’
12.12 Alternative dispute resolution
Chapter 13 ADVOCACY

13.1 Introduction
13.2 Skills
13.3 The basics
13.4 Opening the case
13.5 Examination-in-chief
13.6 Cross-examination
13.7 Re-examination
13.8 Closing the case
13.9 Ethical issues
13.10 Criminal cases: bail and mitigation
13.11 Civil cases: interim applications
13.12 Conclusion
BIBLIOGRAPHY
INDEX
Case Scenarios
ROAD TRAFFIC ACCIDENT / PERSONAL INJURY CASE STUDY
Summary
An accident occurred at the junction of Larkhall Road and Forest Road on Monday, 15 January 2018. A white van heading south on Forest Road was turning right into Larkhall Road. As the van was turning right it collided with a car heading north up Forest Road. The collision also involved a cyclist who was travelling alongside the car at the moment of impact.

Vehicles and drivers involved
Van
White Ford company van owned by Armitage Deliveries and driven by Adam Worcik. Mr Worcik is a Polish national living in the UK and working as a driver for Armitage Deliveries. He sustained minor whiplash as a result of the accident. Car
Silver Vauxhall Zafira owned and driven by Hina Patel, a senior midwife who works for her local NHS trust. Ms Patel suffered serious whiplash, a broken collar bone and a cut to her forehead which required seven stitches as a result of the accident. She has serious ongoing symptoms in relation to the whiplash injury, and the cut has left a permanent scar on her forehead (there is the possibility of further surgery to improve the appearance of this scar). Cycle
Red Trek 200 ridden by Linford Chester, a freelance musician. Mr Chester suffered a broken left wrist and a cut to his arm which required 13 stitches.
Liability
Liability is disputed. Mr Worcik claims that Ms Patel was driving far too fast and that she was using her mobile phone when the accident happened. Ms Patel claims that Mr Worcik suddenly pulled into her path without indicating as she pulled out of the junction. Mr Chester, the cyclist, does not have a clear recollection of what happened.
Solicitors for the parties
Acting for Mr Worcik, the van driver Acting for Ms Patel, the car driver Acting for Mr Chester, the cyclist Shea & De Sousa Alexa Hughes & Co Marshalls 67 Longbridge Road 33 Millennium House 114–116 Market Street Stockwell Teddington Kingston KT1 4RT London SW9 4RT KT4 6RB 0208 566 3228 0207 479 4791 0208 221 3445 [e-mail]
POTENTIAL TRANSACTION
Robert Grove Ltd is a large company specialising in restaurants/retail food outlets. Toast & Tea is a small chain of upmarket cafes owned by two brothers, Mark and Dominic Flowers, and a friend of theirs, Florence Lowe. The Toast & Tea owners are seeking to find a buyer for their company, and Robert Grove Ltd has expressed an interest in purchasing the chain.
Sellers
The owners of Toast & Tea have decided to sell, as their interests in the business are beginning to diverge. The chain has been very successful and currently owns 16 outlets in prime locations in central London. The cafes are old fashioned in design with a focus on service and quality which is reflected in the prices. Each cafe offers a children’s room where under-8s enjoy supervised play. The cafes have won many awards for both food provided and provision for children/families.
The owners are keen for the transaction to progress quickly, as two of them have other ventures in which they would like to invest. They hope to achieve a purchase price of £22 million, but accept that in the current economic climate and given the current property market they may have to accept a figure closer to £18 million. Most of the value of the company is in ownership of cafe properties which have been purchased as freeholds/long leaseholds and in most cases have undergone valuable development work. The Flowers brothers were the major investors in the company and have a bigger stake, but Florence Lowe has acted as CEO and has been very hands-on in managing the chain.
Solicitors for the seller:
Mace McKenzie
Frobisher House, City Road, London EC2 5BR
0207 422 2134
Buyer
Robert Grove Ltd owns a range of pubs, restaurants and retail food outlets across the UK and Ireland. It has been looking to expand into the ‘luxury’ market. Toast & Tea’s award-winning combination is attractive to it as a complement to its existing portfolio, and Robert Grove Ltd believes that given greater economies of scale it can make the business highly profitable.
Robert Grove Ltd would like to see Florence Lowe continue in her role or accept a position as an advisor for an agreed handover period. It is happy to proceed quickly but would ideally like any deal to include structured payments over a 12-month period. The current suggested purchase price of £22 million is based on valuation of Toast & Tea including its premises made at a time when commercial property prices were significantly higher.
Solicitors for the buyer:
Salinger & Rye
40–47 City House, Cornhill Square, London EC1 4RT
0207 836 9368
PART I
WRITING AND DRAFTING
CHAPTER 1
W RITING A