Legal Practice in the English Legal System

Submission DeadlineMarks and FeedbackBefore 10am on: 09/04/202120 working days after deadline (L4, 5 and 7)15 working days after deadline (L6)10 working days after deadline (block delivery) Click or tap to enter a date. Unit title & codeIntroduction to Legal Practice in the English Legal System (LAW010-1)Assignment number and titleReferral Assessment 1Assessment typeOral presentationWeighting of assessment30%Size or length of assessment10 minutes (oral presentation) 1 side of A4 paper (Rule 5 Statement)Unit learning outcomesOn completion of this unit you should be able to: Demonstrate the following knowledge and understandingfundamental knowledge of the sources of English law, the structure of the English legal system and its procedural rules and understanding of the legal professions.Demonstrate the following skills and abilitiesability to research and apply the law in order to produce clear, logical and well-structured arguments supported by appropriately referenced sources. What am I required to do in this assignment? This assessment is an oral presentation on a question of professional conduct of legal service providers and relevant complaint or disciplinary procedures which accounts for 30% of the overall mark for this unit. Scenario: A client makes a £350,000 loan to the solicitor. The loan was supported by an agreement drafted by the solicitor and signed by his client in the presence of the client’s friend. It was repayable at the end of an eight-month period, with interest referred to as being at a “preferential” rate of 2 per cent above the base rate. The agreement was later varied, again by an agreement drafted by the solicitor, to extend the repayment date. In neither case did the solicitor ensure that the client obtained independent advice. The client subsequently obtained a default judgment against the solicitor and the matter was referred to the SDT by the SRA. The SRA has made a decision to refer a complaint to the Solicitors Disciplinary Tribunal (SDT). You are a barrister acing as a counsel for the SRA in the proceedings against the Solicitor. Prepare an application and Rule 5 Statement setting out the rules that guide the SRA’s decision to make a referral to the SDT, the allegations of breach of the SRA Principles 2011 and standards of professional conduct. Note that at the time of the SDT hearing, neither the principal sum nor any interest had been paid and the solicitor inferred that the friend had given independent legal advice. You will be asked to present your statement before the SDT panel. You will have a maximum of 5 minutes in total to present your arguments. You will also be required to respond to questions from the panel for a maximum of 5 minutes. Your total examination time will be 10 minutes. You must submit a completed application form and a typed ‘Rule 5 Statement’ to the panel at the start of your oral presentation and through BREO not less than one week prior to the commencement of the Exam (10am…… date). The Application and the Statement are required elements for this assessment. Failure to submit them on BREO within the deadline will result to a 10-mark reduction to your assessment grade. Note on academic integrity: in all assessments, you are expected to adhere strictly to the principles of academic integrity. All written assignments are submitted electronically and checked for originality through Turnitin. In addition, should any doubt arise as to whether the written work submitted for assessment is your own work, you will be called by the unit coordinator for the purpose of a viva voce examination on the assignment. What do I need to do to pass? (Threshold Expectations from UIF) In order to pass Assessment 1 you will need to: correctly identify and explain the legal rules and procedures which are relevant to the assigned scenario; and apply the law and professional standards to produce a clear and well-structured legal argument. How do I produce high quality work that merits a good grade? We will be filling this section in together in class on make sure you have downloaded/printed out the Assignment Brief and bring it to the session with you. How does assignment relate to what we are doing in scheduled sessions? In your scheduled sessions, you will learn how to adopt a critical approach to legal practice. This will be done through lectures with discussion points testing your ability to link legal and professional principles together, and seminars which give you the chance to participate in the learning process by presenting legal arguments in a concise and well-structured manner. How will my assignment be marked? Your assignment will be marked according to the threshold expectations and the criteria on the following page. You can use them to evaluate your own work and consider your grade before you submit. Feedback to your assignment will be released 20 working days after the deadline. You are strongly encouraged to engage with the feedback and follow any actions suggested by your examiner. 3rd Class – 40-49%Lower 2nd – 50-59%Upper 2nd – 60-69%1st Class – 70%+1 ContentIdentification of some legal issues arising from the scenario and of key relevant legal provisions and principles.Identification of legal issues arising from the scenario and of the relevant provisions and principles.Detailed identification of most of the legal issues arising from the scenario and of the relevant provisions and principles.Accurate identification of all the legal issues arising from the scenario and of the relevant provisions and principles.2 ResearchLimited reference to the key sources.Reference to key sources and evidence of having read and understood some of the relevant cases, commentary/SRA Guidance.Reference to key sources and engagement with relevant cases, commentary/SRA Guidance.Reference to key sources; evidence of advanced understanding of cases, commentary and SRA Guidance. 3 Analysis/ ApplicationApplication of law/rules to the facts to provide basic but overall correct analysis on the legal issue(s) identified.Application of all the relevant principles to the facts to provide correct and clear legal analysis and a coherent oral argument.Detailed application of all the relevant principles to the facts to provide correct and clear legal analysis and a coherent oral argument.Excellent analysis and fully reasoned application of the rules to the facts, to produce legal argument of almost professional quality.4 PresentationBasic but grammatically correct written and oral presentation. Limitations may result from spelling and expression errors, poor structure and/or inadequate referencing.Grammatically correct and clear written and oral presentation. Logically structured and adequately referenced.Good written and oral presentational style, including appropriate referencing. Well structured.Excellent written and oral presentational style. Excellent structure and referencing.