Tech Level Unit 2 - Title: PRACTICAL LEGAL SKILLS ..., Lecture notes of Law

Download Tech Level Unit 2 - Title: PRACTICAL LEGAL SKILLS ... and more Lecture notes Law in PDF only on Docsity! Tech Level Unit 2 Title: PRACTICAL LEGAL SKILLS Level: Level 3 Credit Value: 10 Guided Learning Hours 60 Learning outcomes The learner will: Assessment criteria The learner can: Knowledge, understanding and skills 1. Understand the professional requirements of representing clients 1.1 Explain the regulatory framework of rules for conduct, practice and professional performance with reference to: • The CILEX Code of Conduct • The Solicitors Regulation Authority Code of Conduct 1.1 The principles, outcomes and indicative behaviours contained within the SRA Code of Conduct (‘SRACC’) and CILEx Code of Conduct (‘CILEx CC’); understanding of fundamental principles of Solicitors’ Accounts Rules e.g. operation of office and client account; statutory regulatory framework in relation to provision of legal services; reserved activities; complaints procedure; consequences of failure to comply with requirements e.g. disciplinary consequences; role of key compliance officers e.g. COLP and COFA. 1.2 Explain the requirements for client identification 1.2 Requirements of file opening procedures within context of organisation and the significance of legal and regulatory procedures e.g. conflict of interest search; meaning of and requirements for due diligence checks e.g. types of identity verification. 1.3 Explain the need to guard against money laundering 1.3 Meaning of money laundering; content and purpose of statutory and regulatory provisions; e.g. Proceeds of Crime Act 2002 and Money Laundering Regulations 2007; knowledge, suspicion, reasonable grounds; disclosure requirements. This specification is for 2018 Tech Level 1.4 Explain conflict of interest 1.4 Definition of conflict of interest, distinguishing between conflicts between lawyer and client (i.e. ‘own interest conflict’) and conflicts between two or more clients (i.e. ‘client conflicts’); identifying mandatory Principles, Outcomes and Indicative behaviours of SRACC and CILEx CC; exceptions to the general rule; appropriate systems and controls. 1.5 Explain the requirement for a client care letter 1.5 Regulatory requirements and statutory regulations; what is meant by a retainer; identifying what information must be provided in writing at commencement of retainer e.g. complaints, costs information; other information to be provided as prescribed by SRACC, Provision of Services Regulations 2009 and Consumer Contracts Regulations 2013; specific requirements if providing financial services; practical application in drafting e.g. Law Society good practice note. 1.6 Explain the requirements with regard to costs and funding 1.6 Costs - understanding concept of chargeable and non- chargeable time; understanding the purpose of recording billable time and the need for accuracy e.g. ensuring that the client is only billed for work done that is reasonable and necessary, within agreed parameters and in accordance with the charging rate set out in the client care letter; understanding key requirements of SRACC e.g. Chapter 1. Funding - understanding range of options which may be available and suitability for client e.g. possibility of third party funding, Union backing, CFA, DBA, BTE insurance, private retainer; situations when opponent’s costs might need to be met and funding options for that e.g. ATE insurance; understanding impact of costs reforms on costs in certain types of matter e.g. Qualified One-Way Costs Shifting in personal injury matters; making appropriate arrangements in line with legal and regulatory requirements e.g. SRACC. This specification is for 2018 Tech Level recommendations and advice e.g. options, solutions, advantages and disadvantages; style and format for presenting research dependent on recipient e.g. client or colleague; relevant legal, ethical and organisational procedures to ensure clear, concise and accurate record of the discussion, advice and instructions given. 3.8 Apply to a given situation the principles of legal research 3.8 Skills application of KUS 3.1-3.7 demonstrating knowledge and understanding. 4. Understand how to draft documents 4.1 Explain how to draft a document with reference to: • instructions • its purpose • its structure • its intended recipient • any formal requirements 4.1 Instructions - drafting document in accordance with instructions provided and within competence and authority Purpose - ensuring document meets its purpose in accordance with instructions e.g. letters, agreements, court documents; observing requirements for specific content to achieve purpose e.g. to record advice and instructions received, agreements, applications e.g. to court or Land Registry. Structure - logical setting out; drafting succinctly, chronologically and consistently; correct referencing to relevant documentation; using appendices and headings and sub-headings where appropriate; Intended recipient - understanding impact on tone and style e.g. the client, the opponent, other parties, the court; recognising different styles and impact e.g. formal and informal; understanding need for professionalism. Formal requirements - understanding that different areas of legal practice have prescribed forms for specific types of work e.g. court forms (civil and criminal), mortgages of land, transfers and other Land Registry forms, probate, family law, insolvency and company law; understanding how to locate relevant forms e.g. Companies House, Justice website, court forms finder; This specification is for 2018 Tech Level impact of non-compliance and potential for claim for professional negligence. 4.2 Explain how to ensure accuracy with reference to: • content • spelling • grammar 4.2 Understanding need for accuracy and how to read document thoroughly and cross-check information to highlight errors and ambiguity; distinguishing between presentation errors and content errors e.g. as to facts, dates, names, law etc; understanding need for attention to presentation e.g. ensuring correct meaning and simplicity, avoiding unnecessary long or unusual words, adding explanation for technical words e.g. Latin or legal terms; using computer functions to carry out amendments for presentation or word-processing errors e.g. spelling, punctuation and formatting. 4.3 Explain how to complete prescribed forms relevant to specific types of work 4.3 Understanding principles as to how to complete relevant forms e.g. ensuring up-to-date forms are used; reference to guidelines, accurate completion of all relevant sections. 4.4 Apply to a given situation the ability to draft documents 4.4 Skills application of KUS 4.1-4.3 demonstrating knowledge and understanding. 5. Understand how to apply practical legal skills 5.1 Apply practical legal skills to situations that may arise in the professional legal environment. 5.1 Understanding how to apply practical legal skills and respond appropriately to a range of tasks likely to arise in a professional legal environment. Additional information about the unit Unit aim(s) The learner will develop key professional skills, values and understanding of working in the Legal Sector along with practical skills and knowledge of the requirements of individuals Legal roles. Name of the organisation submitting the unit CILEx (The Chartered Institute of Legal Executives) Availability for use Only available to owning awarding body Availability for delivery 1 September 2016 This specification is for 2018 Tech Level