University of the West of England

MODULE SPECIFICATION

(Template revised October 2005)

Code: UJXTX6-0-M Title: Interviewing and Advising Version: 1

Level: M-level UWE credit rating: ECTS credit rating:

Module type: Non-MAR

Owning Faculty: Social Sciences and Humanities Field: n/a

Valid from: September 2008 Discontinued from:

Contributes towards: Postgraduate Diploma in Legal Practice

Pre-requisites: Recognised Law Degree (or equivalent)

Non-Law Degree and Recognised CPE (or equivalent)

Co-requisites: None

Excluded combinations: None

Learning outcomes:

On completion of the module students are expected to demonstrate:

    (a) Active listening, effective non-verbal and verbal communication, appropriate use of open, narrow/ closed questions and funnelling technique

    (b) An ability to establish a suitable rapport with a client

    (c) An ability to structure and close an interview properly

    (d) An ability to elicit a client’s goals and instructions

    (e) An understanding of the appropriate ethical and regulatory requirements

(f) An ability to advise a client fully and accurately

(g) In the context of a first interview concerning the estate of a person who has died recently, an ability to advise a client on their entitlement (if any), and relevant procedural, practical and regulatory issues

Syllabus outline: The Interviewing and Advising Skills study unit introduces students to the basic skills of interviewing and advising. In particular, students will consider how to:

1 In the context of various legal scenarios:

1.1 Establish and maintain a suitable rapport and professional relationship with a client by opening and finishing an interview in an appropriate manner

1.2 Treat a client with courtesy and sensitivity

1.3 Use appropriate language and body language

1.4 Speak clearly, audibly and at an appropriate pace

1.5 Deal with fees and other appropriate client care and professional conduct issues

1.6 Identify a client’s concerns

    1.7 Establish the relevant facts by conducting an interview in a logical and structured manner, using appropriate questioning and listening techniques to elicit relevant information, allowing a client to explain his or her concerns, ascertaining a client’s goals, expectations and priorities, determining if further information is required, and summarising where appropriate.

2 In the context of Probate:

2.1 Identify and advise on appropriate courses of action by correctly identifying and analysing the legal and non-legal issues raised and explaining these clearly

2.2 Identify and advise a client on appropriate courses of action and their relative costs, benefits and risks

2.3 Assist a client to make appropriate decisions where appropriate

2.4 Identify and explain matters where further research and/or consultation are necessary

2.5 Agreeing the action to be taken by both parties subsequent to the interview and an appropriate time-frame for such action.

Teaching and learning methods: These include:

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

2 Individual and group work centred on problem-based learning involving management of information, analysis of complex facts and application of knowledge and acquisition of the skills and sub-skills of effective interviewing and advising

3 Role-play and oral presentations/ discussions/ critique to demonstrate understanding and effective communication of advice on complex areas of law applied to detailed factual scenarios

4 Formative practice/ formative assessment and feedback

Reading Strategy:

Students are provided with their own copies of the books listed below marked *. All other texts are stocked in the students’ Workshop Room Mini-Practice Libraries and/ or in the dedicated LPC/ BVC Legal Resource Room.

Indicative Reading List:

OUP “Lawyers’ Skills Manual”*

OUP Foundations for the LPC*

SRA’s Solicitors’ Code of Conduct 2007*

Tristram & Coote’s Probate Practice

Theobold on Wills

Wills, Probate & Administration Service (Butterworths)

Wills, Administration and Taxation (Barlow, King & King)

Wills Draftsman’s Handbook (Riddett)

The following list is offered to provide validation panels/accrediting bodies with an indication of the type and level of information students may be expected to consult. As such, its currency may wane during the life span of the module specification. However, as indicated above, CURRENT advice on readings will be available via other more frequently updated mechanisms.

Assessment

Assessment is by way of a single role-play interviewing and advising exercise in which a student interviews a client played by a professional actor in the presence of an assessor, using an unseen role-play scenario. Students are assessed on a competent/ not competent basis.

The assessment criteria for the skill of Interviewing and Advising are

1 Establish and maintain a suitable rapport and professional relationship with the client eg by:-

      • opening and finishing the interview in an appropriate manner

      • treating the client with courtesy and sensitivity

      • using appropriate language and body language

      • speaking clearly, audibly and at an appropriate pace

      • dealing with fees and other appropriate client care and professional conduct issues.

2 Identify the client’s concerns and establish the relevant facts by:-

      • conducting the interview in a logical and structured manner

      • using appropriate questioning and listening techniques to elicit relevant information

      • allowing the client to explain his or her concerns

      • ascertaining the client’s goals, expectations and priorities

      • determining if further information is required

      • summarising where appropriate

3 Identify and advise on appropriate courses of action by:-

      • correctly identifying and analysing the legal and non-legal issues raised and explaining these clearly

      • identifying and advising the client on appropriate courses of action and their relative costs, benefits and risks

      • assisting the client to make appropriate decisions

      • where appropriate, identifying and explaining matters where further research and/or consultation are necessary

      • summarising where appropriate

      • agreeing the action to be taken by both parties subsequent to the interview and an appropriate time-frame for such action.

SECOND (OR SUBSEQUENT) ATTEMPT: Attendance at taught classes is not required.

Re-assessment is by the same method as detailed above. See Assessment Regulations for further details.

Specification confirmed by …………………………………………………Date ……………………………

(Associate Dean/Programme Director)

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