01. Module Content for the year starting 21/22 PDF

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This is a guide for the LPC for the year starting 21/22...

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Linklaters INTRODUCTION TO PROFESSIONAL PRACTICE MODULE GUIDE

Outcomes After completion of this module, students should be able to: 1.

Communicate complex concepts and principles in a clear, structured manner both orally and in writing, choose a format and style suitable for the purpose of the communication, and critically evaluate the quality of written material.

2.

Draft and edit precedents to produce basic legal documents which are clear, logical, consistent and appropriately structured.

3.

Process information, evaluate arguments, and solve problems systematically.

4.

Present reasoned conclusions in the form of comprehensive advice, which addresses the client’s concerns and takes account of relevant legal, financial, commercial, ethical and practical considerations.

5.

Analyse the facts of increasingly complex problems, and undertake independent research by identifying the issues which require research, planning a research strategy, and presenting the results in the form of an oral or written report.

6.

Interview a client to determine the client’s objectives, apply knowledge of the relevant law, and critically assess and advise on a range of options.

7.

Demonstrate a coherent and detailed knowledge and understanding of the core principles and concepts relating to the ethical and regulatory requirements of professional practice and apply those principles and concepts in a range of professional and commercial contexts.

8.

Identify and explain the key aspects and effects of taxation in a range of individual and commercial contexts.

9.

Analyse and interpret the final accounts of a sole trader and a partnership.

10. Demonstrate a coherent and detailed knowledge and understanding of the core principles and concepts of wills and administration of estates and apply those principles and concepts in a range of contexts. 11.

Plan and progress the administration of a simple estate.

12. Demonstrate the ability to record payments and receipts of business and client money, and to present financial information to a client in a structured and concise manner. 6eaff58a082f695c2d8abd7a39d4a93b.docx

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Syllabus In this module the students will study the core knowledge areas of professional conduct and regulation, wills and administration of estates, and taxation. They will also study the skills of legal writing, drafting, interviewing and advising, carrying out practical legal research, compiling solicitors’ accounts and financial statements, and interpreting business accounts. The syllabus covers: (a) Practical Legal Research     

Identification of the client and their objectives; Analysing a client’s problems; Planning and undertaking research to solve the legal issues and a client’s problems, taking into account all relevant considerations; Reporting research findings to a supervisor on specific legal issues and more complex matters; Time recording

(b) Interviewing and Advising      

Planning for and conducting a first interview; Establishing rapport with the client and ascertaining the client’s objectives with effective questioning and listening techniques; Presenting advice which addresses the client’s concerns by analysing options for a client, applying known law to the relevant considerations, and identifying the next steps available; Critically assessing courses of action by reference to costs, benefits and risks to help the client reach a decision; Recording the interview in an appropriate format; Critically reviewing the student’s own performance.

(c) Legal Writing   

Principles of good writing; Ensuring effective written communication; Selection of appropriate method of communication.

(d) Drafting   

Principles of good drafting and editing; Content and requirements of formal legal documents; Amending precedent documentation.

(e) Business Accounts Basic accounting concepts and terminology; The purpose and construction of profit and loss accounts and balance sheets; The need to examine all accounts critically, identifying factors that question the reliability and significance of entries. (f) Professional Conduct and Regulation

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Linklaters 

       

The statutory and SRA regulatory regimes applicable to the provision of legal services, financial services and financial promotions, including the SRA Principles, SRA Codes of Conduct, Scope Rules and the Conduct of Business Rules, Professional Indemnity Insurance and the SRA's Compensation Fund; Finding clients and accepting instructions; The client relationship and professional standards; Complaints, inadequate professional work and negligence; Prohibitions on acting; Charging a client and enforcing a bill; Undertakings and duties to third parties, counsel and the court; Avoiding regulated activities by using an exclusion or carrying them out using the s327 exemption; Money laundering: the concept, the statutory framework, and risks in practice.

(g) Wills and Administration of Estates      

Ascertaining beneficial entitlement; Need for and entitlement to a grant of representation; Calculation of Inheritance Tax; Preparing probate applications for personal representatives; Payment of Inheritance Tax, debts and legacies; Possible challenges to the estate distribution.

(h) Taxation 

Basic principles of Income Tax, Inheritance Tax and Capital Gains Tax.

(i) Solicitors’ Accounts   

Making entries to record receipts and payments of client money and the firm’s own money; Identifying the person for whom money is held in a property transaction or probate matter; Preparing a financial statement in a property transaction.

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Lecture Summaries Lecture Subject area Professional Conduct and Overview of the SRA Principles and Codes of Regulation Conduct, regulation of financial services and money laundering Inheritance Tax Basic concepts Income Tax

Basic concepts

Capital Gains Tax

Basic concepts

Solicitors’ Accounts 1

Introduction to client ledger entries

Solicitors’ Accounts 2

Consolidation

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Linklaters Unit Workshop Summaries Subject Area

Student Preparatory Unit Workshop Activity Tasks Business Accounts Directed reading (textbookTask on drawing up final is also accounts a workbook) Task on analysis of final i-tutorial study on basicaccounts accounting principles Task on ‘forensic’ accounting Test & Feedback Task on accounting entries Drafting

Directed reading

Task on use of a precedent

Test & Feedback

Task on ‘Free’ drafting

i-tutorial study on drafting

Consolidation task, drafting a licence

Task on drafting errors Self-study drafting workbook Interviewing

Task involving interviewing and advising, and role plays

Directed reading Test & Feedback

Consolidation task, reflecting on student’s performance Self-assessment task on identifying and correcting poor interviewing technique Inheritance Tax

Test & Feedback

Task on IHT payable on lifetime gifts and a death estate

Task on IHT payable on a death estate

Task on the application of Business Property Relief

Directed reading

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Subject Area Practical Research

Student Preparatory Tasks Legal Directed reading

Unit Workshop Activity Case study requiring:  

Test & Feedback

problem analysis; and application of law to a client’s situation

Task on finding a statute that is relevant to the client’s problem and related case Task on selecting appropriate solutions and law reporting to a supervisor Self-assessment task on Consolidation tasks in a production of a simple workbook to practise legal research record and memorandum to supervisor research and reporting skills, using both electronic and paper sources ProfessionalDirected reading Conduct 1 Test & Feedback

Case study involving issues relating to:

Task on professional standards of behaviour in practice and private life

 

conflicts of interest; and confidentiality and disclosure

Self-study PCR Workbook Case study involving issues relating to:

ProfessionalDirected reading Conduct 2 Test & Feedback

 

Task on undertakings Self-assessment task on financial services Solicitors’ Accounts 1 Directed reading

financial services; and proceeds of crime

Self-study PCR Workbook

Task on and Client money and receipts/payments

Test & Feedback

Tasks on recording receipts Task on completing a ledger and payments, and issuing in a probate matter bills Task on dishonoured cheques Self-study Solicitors’ Accounts Workbook

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Linklaters Subject Area

Student Preparatory Tasks Solicitors’ Accounts 2 Directed reading

Unit Workshop Activity Preparing a financial statement

Test & Feedback Completing ledgers for a property transaction Tasks on completing ledgers for a property sale and Task on paying interest to purchase clients Self-study Solicitors’ Accounts Workbook Wills Administration of Estates 1

and Directed reading

Case study on intestacy, incorporating tasks on entitlement, IPFDA claims, administration and tax

Test & Feedback Task on validity of wills

Wills Administration of Estates 2

Legal Writing

MCQ based consolidation task Continuation of case study and Directed reading on testate estate, incorporating tasks on tax, Test & Feedback administration and post grant Case study on a testate steps estate, incorporating tasks on entitlement and tax Task on identifying writing errors

Directed reading Test & Feedback i-tutorial writing

study

on

Task on letter writing legal

Task on selecting and preparing different types of written communication Self-study writing workbook

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Bibliography / Recommended Sources 1.

CLP Textbooks Elkington, Holtam, Shield and Verlander, ‘Skills for Lawyers’. Bamford, Browne, Embley, King, Morgan, and Rawcliffe, ‘Legal Foundations’. Kempton and King, ‘Accounts for Solicitors’. Mavrikakis, Watson, Kempton and Hancock, Business Law and Practice’.

2.

Textbooks  ATH Smith, ‘Glanville Williams: Learning the Law’, Sweet & Maxwell (chapters about The Mechanism of Scholarship and Legal Research) (via hard copy)  ‘Legal Method’ (GDL Manual) (2020), University of Law;  Knowles J. (2016) ‘Effective Legal Research’” 4th Ed. Sweet & Maxwell; (via hard copy)  Adler (2017) ‘Clarity for Lawyers.’ The Law Society (via hard copy)  Higgins and Tatham (2015) ‘Successful Legal Writing.’ Sweet & Maxwell (via hard copy)  Butt and Castle (2013) ‘Modern Legal Drafting.’ Cambridge University (via hard copy)

3.

Practitioner texts  Cordery on Legal Services  Tolleys: Administration of Estates  Barlow, King and King (2020). ‘Wills, Administration and Taxation Law and Practice.’ Sweet & Maxwell (via hard copy)  Law Society Publication: ‘The Probate Practitioners’ Handbook’ (via hard copy)

4.  5.

Practitioner databases Practical Law

Useful websites  Cardiff index to legal abbreviations: www.legalabbrevs.cardiff.ac.uk/  Solicitors Regulation Authority: www.sra.org.uk  HM Revenue and Customs: www.gov.uk/government/organisations/hmrevenue-customs

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