LPC

Study Unit Specifications (Compulsory Subject)

Code: UJXTR4-30-M

Title: Litigation and Advocacy

Version: 2

Level: M-level

UWE credit rating: 30

ECTS credit rating: 15 Module Type: Non-MAR

Owning Faculty: Social Sciences and Humanities

Field: n/a Field Leader: n/a

Valid From: September 2008 Discontinued from:

Contributes towards: Postgraduate Diploma in Legal Practice

Pre-requisites: none

Co-requisites: none

Excluded combinations: none

1. Rationale:

As with all study units in the programme, the rationale is to prepare the student for the first day of work as a professional lawyer (i.e. as a new trainee solicitor in a firm of solicitors). Specifically in the case of Litigation and Advocacy, the rationale is to prepare the student to work with appropriate supervision in a variety of different types of firm dealing with civil and/or criminal litigation matters.

2. Learning outcomes:

On completion of the study unit students will be expected to be able (at a professional level) to:

2.1 Identify a (notional) client's goals and critically analyse alternative means of achieving those goals;

2.2 Demonstrate an understanding of the need to obtain and to act appropriately upon the instructions of a (notional) client;

2.3 Identify a range of methods available to resolve disputes and in a civil litigation context appreciate that it may be in the client’s best interests to resolve a dispute by settlement;

2.4 Demonstrate an understanding of the nature of civil and criminal litigation and of the main procedural rules applicable to both and an ability to identify and critically evaluate the rules of procedure so as to advance a (notional) client's case;

2.5 Demonstrate an understanding of rules of evidence and an ability to critically analyse legal, procedural and factual information so as to apply these rules appropriately;

2.6 Analyse and critically evaluate a matter so as to identify the relevant legal, procedural and evidential rules and to develop a case theory and strategy, taking appropriate account of practical matters and weighing the cost of any step or procedure against the benefit to be achieved and the attendant risks;

2.7 Research using practitioner texts and IT sources and critically analyse information so as to advise on matters of procedure of which the student has no prior knowledge;

2.8 Critically analyse and observe the rules of professional conduct;

2.9 Identify available methods of funding legal advice and/or court proceedings in given factual situations and, where appropriate, critically evaluate alternative methods so as to advise a (notional) client appropriately;

2.10 Synthesise factual, legal and procedural information and develop argument both to advance a (notional) client's case and to meet the anticipated arguments of a (notional) opponent;

2.11 Identify and draft documents necessary to progress a (notional) client's case;

2.12 Identify the need to deal with and an ability to communicate appropriately with a range of personnel including counsel, medical and other expert witnesses, police, probation officers and the like;

2.13 Demonstrate an understanding of and an ability to critically evaluate the role of the legal adviser at the police station;

2.14 Comprehend and critically analyse law and procedure relating to sentencing in criminal cases;

2.15 Demonstrate a critical understanding of the issues and processes pertaining to the detention of the individual by a criminal court (before and after conviction);

2.16 Demonstrate an understanding of and an ability to critically analyse the processes of preparing a criminal case for summary trial.

3. Syllabus outline:

3.1 Civil Litigation:

3.1.1 Protocols and other pre and post action matters designed to promote settlement of disputes and the requirement for litigation to be viewed as a last resort;

3.1.2 The Overriding Objective in civil proceedings;

3.1.3 The basic rules of civil procedure relevant to both High Court and county court cases, including issue of proceedings, drafting statements of case, track allocation, directions, interim applications and preparation for trial;

3.1.4 Rules of evidence relevant to the practice of civil litigation;

3.1.5 The main methods of funding civil litigation cases and the rules relating to the award of costs between the parties;

3.1.6 Making or opposing an interim application;

3.1.7 Overview of the main methods of enforcing a civil judgment .

3.2 Criminal Litigation

3.2.1 Law and procedure relevant to advising a suspect detained at a police station, including professional conduct, funding issues and bail;

3.2.2 The first appearance in court by a defendant held in custody and issues relating to funding and to a remand in custody and on bail;

3.2.3 Plea before venue and mode of trial;

3.2.4 Committal proceedings;

3.2.5 Disclosure, including disclosure by the prosecution of used and unused material, advance information and defence disclosure;

3.2.6 Preparing a case for summary trial;

3.2.7 Overview of the law and practice of sentencing;

3.2.8 Making a plea in mitigation.

4. Teaching and learning methods:

4.1 Self-study preparation and research in order to acquire knowledge and understanding;

4.2 Large group sessions to consolidate and develop knowledge and understanding or to introduce important and/or difficult areas of practice and procedure;

4.3 Video/DVD demonstration to aid understanding of the techniques and practice of advocacy;

4.4 A mixture of individual and group work centred on problem-based learning, involving management of information, synthesis of complex facts, law and procedure, developing appropriate case theories, strategic thinking and giving appropriate advice to (notional) clients;

4.5 Role play and oral presentations, including interviewing, negotiation and advocacy, to demonstrate understanding of and effective communication of complex issues of fact, law, procedure and professional conduct;

4.6 Preparation of written communications (primarily in the form of notes of advice, but also in the form of letters and memoranda) to demonstrate understanding and effective communication as above;

4.7 Drafting legal documents to demonstrate synthesis and application of complex fact, law and procedure;

4.8 Self-study and other exercises to promote critical self-evaluation.

5. Indicative sources

For Civil Litigation:

Northumbria Law Press: Civil Litigation in Practice manual

The Civil Procedure Rules, Protocols and Practice Directions (available on line via the Ministry of Justice (MOJ) web site), court forms (available on line via the MOJ and Court Service web sites) and Thompson, Sweet & Maxwell: Civil Procedure (available in hard copy and IT sources).

For Criminal Litigation:

CLP: Criminal Litigation Practice and Procedure – Atkinson and Sharpley

Practitioner texts for research purposes, including ‘Defending Suspects at Police Stations’ by Professor Ed Cape and Blackstone’s Criminal Practice.

6. Assessment Infrastructure:

The Litigation and Advocacy assessment consists of 2 examinations: civil litigation and criminal litigation. In both cases there are two parts to the examinations; namely, a 30 minute unseen examination containing multiple choice questions and a 2-hour unseen, open book examination (in each case the latter part with an additional 20 minutes of reading time).

The two examinations constitute 100% of the marks for the study unit. The pass mark is 50% overall with no requirement to achieve 50% in any individual examination.

Second and final attempts: Re-assessment is by the same method as detailed above. See Assessment Regulations for further details.

Specification confirmed by ............................................... Date ..... February 2004

(Associate Dean, Faculty of Law)