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• A Practical Guide to Lawyering Skills
• Published by: Cavendish
Authors:
Fiona Boyle
Deveral Capps
Philip Plowden
Clare Sandford
Important TerminologyLay Client
This is the member of the public you are representing
Professional Client
This is the person who instructed you – the solicitor?
Who will be present at a conference?
In reality there should always be :~
You, the barrister
The lay client
The professional client
Conference Skills
At Northumbria conferences will take place between: ~
You, the barrister; and
The lay client (played by a BPTC student)
Imaginary professional client
Where can conferences occur?
A conference can occur anywhere!
They might occur :~
In Chambers
In Prison
In Court
What is the purpose of a conference?
A conference is an opportunity for you as a barrister to :~
meet your client
hear your client’s version of events
advise your client
take instructions
Will you always have a conference with a client?
The simple answer is no.
You may deal with a client only on paper
Your solicitor may answer any questions that you have.
How should a conference be structured?
When you are in practice, you will adopt your own style of conferences.
However, at Northumbria we will show you a standard method of conducting a conference.
How should a conference be structured?
A conference can be broken up into various separate parts.
This is just like any law essay.
Conference Structure
You should have therefore :~
1. An introduction;
2. A main body; and
3. A conclusion
Introduction (Preliminaries)
-Name / Role
-Confidentiality
-Purpose of Conference
-Agenda
-Questions at end
-10mins to get through everything
Agenda/ Timetable for Conference
Q. Why have an agenda?
A. 1. Professionalism
2. So that the client knows what is going to happen and when.
Your agenda should include :~
• Purpose of the conference• Question and answer section about the
case• Advice for the client• Answer session for any queries that the
client might have.• Taking instructions• Next steps
The Main body
What do you do in the main body?
• The facts of the problem at hand.
• Overview of the case
ConclusionWhat would you do in the conclusion?
Give advice
• Check understanding
• Take instructions
• Confirm instructions
Farewell
• Advise on next steps
• Put the client at ease
• Tell the client that they can contact you through the solicitor should they wish to
• Say goodbye
Teaching Structure?INITIALLY no group divisions. All students will have the same papers. First session split into 2 groups-remain in
same group for subsequent sessions. In each session you will be given some questions to put to the barrister when playing the client.
THEREAFTER-You will be divided into X students and Y students. (Pink / yellow- Variation of client details/ questions).
This is so that when one person is playing the role of the barrister (X) the other person (Y) will play the role of the client.
SPSs
Start next week- SUITS
4 x SPSs and 1 x Mock
You will receive feedback on all performances.
You will receive detailed feedback on 3 complete performances- DVD
Assessment
• You will get one conference assessment
• This is worth 7.5% of you final mark
• This is a seen assessment
• For the purposes of the assessment your client will be played by an actor/actress
Conference skills Assessment Criteria
1. Preparation
2. Conduct
3. Interpersonal skills
4. Questioning
5. Advice
6. Knowledge and comprehension
7. Professional conduct
In order to be graded competent or above you must show your ability to:
1. Preparation (10%). In order to satisfy this criterion you should: Show an understanding of the objectives of the conference.
Illustrate your knowledge of the facts of the case. (case analysis)
Illustrate your knowledge of the legal issues that are relevant to the case. (legal research)
Your plan will be used to determine the extent that you have fulfilled this criterion
Plans
Very important- Will be looked at in your assessment
No longer than 4 sides of A4 (rest discarded)
Possible score of 10 before even enter conference!
Your plan should include
Introduction -Preliminaries
Main Body-Dealing with the matter Research of offence / sentence / procedure
Conclusion – Conclude conference and advise on next steps. Any procedural issues?