University of the West of England
MODULE SPECIFICATION
(Template revised October 2005)
Code: UJXTX8-0-M Title: PCFSMA 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:
1 Effective research skills into matters of professional conduct using The Solicitors’ Code of Conduct 2007’
2 An understanding of the professional conduct of solicitors generally and the following in particular:
§ Core duties
§ Client relations
§ Conflict of interest
§ Confidentiality and disclosure
§ Relations with third parties
§ Litigation and advocacy
§ Property selling
3 An appreciation of the circumstances in which the Financial Services and Markets Act 2000 applies
4 An appreciation of the circumstances in which the firm may continue to act in matters beyond the scope of their Part XX exemption
5 An outline understanding of the Money Laundering regulations in so far as they affect solicitors’ practice
6 A familiarity with the offences under the Proceeds of Crime Act 2007, the provisions under the Money Laundering Regulations 2007 and practical procedures
7 An outline understanding of the consequences of breach of regulatory rules
8 An ability to identify the appropriate professional conduct and financial services rules and apply them ethically to complex facts and advise a client and/ or a solicitor on the action that must be taken
Syllabus outline: The PCFSMA study unit introduces students to the regulation of solicitors by the Solicitors’ Regulation Authority and the Financial Services Authority. In particular, students will consider:
1 In the context of the regulation of the professional conduct of solicitors:
1.1 the regulatory regime and the purpose of the Solicitors’ Code of Conduct
1.2 the Solicitors’ Code of Conduct 2007 generally
1.3 the following rules, in particular
§ Core duties
§ Client relations
§ Conflict of interest
§ Confidentiality and disclosure
§ Relations with third parties
§ Litigation and advocacy
§ Property selling
1.4 recent developments affecting solicitors and their clients
1.5 the consequences of breach of regulatory rules.
2 In the context of financial services regulation:
2.1 the circumstances in which the Financial Services and Markets Act 2000 applies
2.2 the circumstances in which the firm may continue to act in matters beyond the scope of their Part XX exemption
2.3 the Money Laundering regulations in so far as they affect solicitors’ practice
2.4 the offences under the Proceeds of Crime Act 2007, the provisions under the Money Laundering Regulations 2007 and practical procedures
2.5 the consequences of breach of regulatory rules.
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
3 Oral presentations/ discussions/ critique to demonstrate understanding and communication of 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:
SRA’s Solicitors’ Code of Conduct 2007*
UWE FSMA Resource Book*
UWE Money Laundering Resource Book*
Guide to Financial Services (Rider et al)
Financial Services Authority Listing Rules
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
There are at least four assessment points contained in any of the compulsory area examinations, the Accounts examinations and/ or the skills assessments. There is a further discrete assessment at the end of the programme. Students are assessed on a competent/ not competent basis.
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)