Diploma in Professional Legal Practice (DPLP) Practical Skills and Drafting Syllabus

What is the "funnel" technique in legal interviewing?

Starting with broad open questions to let the client narrate freely, then progressively narrowing to focused closed questions to extract specific facts. It maximises recall while ensuring necessary detail is captured.

What is active listening and what behaviours demonstrate it during a client interview?

Fully concentrating on, understanding and responding to the client. It is shown by appropriate eye contact, not interrupting, reflecting/paraphrasing, summarising, acknowledging emotions, and using minimal encouragers ("I see", nodding).

What essential matters must usually be addressed at the close of a first client interview?

A summary of the client's instructions, the advice or preliminary view given, agreed next steps and who does what, time limits, the costs/fees position and funding, and confirmation that a letter (client care/engagement letter) will follow.

What is the BAID-style structure commonly used for giving legal advice clearly?

A typical framework: state the Bottom line/answer first, set out the Applicable law, apply it to the client's facts (analysis), and identify the Decision/options and next steps. Lead with the answer, then justify it.

When advising a client, what is the difference between advising on the law, the merits, and commercial/practical considerations?

Advising on the law explains the legal position; advising on the merits assesses the likely outcome and strength of the case (including litigation risk); commercial/practical advice covers cost, time, reputation and the client's wider objectives. Good advice integrates all three.

Why should legal advice typically be confirmed in writing, and what risk does failure create?

Written confirmation creates a clear record of the advice and instructions, manages client expectations and protects against later disputes. Failure to record advice is a leading cause of negligence claims and complaints because it leaves no evidence of what was advised.

What does it mean to advise a client on the "risks and consequences" of a course of action, and why is informed consent important?

It means clearly explaining the realistic downsides, costs, prospects of success and alternatives so the client can make an informed decision. Informed consent is essential because the decision is the client's; the lawyer advises but the client instructs.

Under the Equality Act 2010, what are the nine protected characteristics relevant when working with diverse clients?

Age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.

What is a "reasonable adjustment" and how might it apply when interviewing a client with a disability?

A reasonable adjustment is a step taken to remove a substantial disadvantage faced by a disabled person. Examples: accessible premises, longer appointments, providing documents in large print or easy-read, allowing a supporter, or using a sign-language interpreter.

What factors may make a client "vulnerable", and how should advice be adapted?

Factors include age (very young or elderly), mental health or capacity issues, disability, language barriers, bereavement, illness, addiction, or being a victim of abuse/trauma. Advice should be adapted with plain language, more time, breaks, support persons, and checking understanding.

What is the legal test for capacity to give instructions, and what is the presumption?

A client is presumed to have capacity unless the contrary is shown. Capacity is decision-specific: the person must be able to understand, retain, weigh up the relevant information and communicate a decision. Lack of capacity in one area does not mean lack in all.

When a professional interpreter is used in a client meeting, what good-practice rules apply?

Use a neutral, qualified interpreter (not a family member where avoidable), speak to and look at the client (not the interpreter), use short sentences, allow time, check understanding, and ensure confidentiality. The interpreter translates faithfully without giving advice.

What is the difference between distributive (positional) and integrative (interest-based/principled) negotiation?

Distributive negotiation treats the matter as a fixed pie with win-lose haggling over positions; integrative negotiation seeks to expand value by exploring underlying interests to reach win-win outcomes. Most legal negotiations contain elements of both.

In negotiation theory, what do BATNA and WATNA stand for and why do they matter?

BATNA is the Best Alternative To a Negotiated Agreement; WATNA is the Worst Alternative. They define the value of walking away: you should not accept a deal worse than your BATNA, and knowing both sets realistic limits and bargaining power.

What is a "reservation point" (resistance point) in negotiation?

The least favourable point at which a party will accept a deal — the walk-away threshold derived from their BATNA. Any offer beyond this point should be rejected in favour of the alternative.

What is the ZOPA in a negotiation and when does it exist?

The Zone of Possible Agreement: the overlap between the parties' reservation points where a deal acceptable to both is feasible. A ZOPA exists only when the buyer's maximum exceeds the seller's minimum; without overlap, no negotiated settlement is possible.

What are the four core principles of "principled negotiation" from Fisher and Ury's Getting to Yes?

(1) Separate the people from the problem; (2) Focus on interests, not positions; (3) Invent options for mutual gain; (4) Insist on objective criteria/standards for evaluating outcomes.

What is an "anchor" in negotiation and what is the strategic effect of making the first offer?

An anchor is the first number put on the table, which exerts a strong pull on the final outcome. Making an ambitious but credible first offer can anchor the negotiation in your favour, though it carries the risk of seeming unreasonable if poorly justified.

What are the principal stages of a civil trial or proof at which an advocate appears?

Typically: opening/preliminary matters, examination-in-chief of own witnesses, cross-examination of the opponent's witnesses, re-examination, submissions/closing speeches on evidence and law, and the court's decision. In Scottish civil cases the leading of evidence is a "proof".

What is the difference between examination-in-chief, cross-examination and re-examination?

Examination-in-chief is questioning your own witness (leading questions generally not allowed on contested matters); cross-examination is questioning the opponent's witness (leading questions allowed, to test and challenge evidence); re-examination clarifies matters arising from cross-examination and cannot introduce new topics.

Why are leading questions generally prohibited in examination-in-chief but permitted in cross-examination?

In chief, leading questions (suggesting the answer) would let the advocate put words in their own witness's mouth, undermining the value of the evidence. In cross-examination they are permitted because the goal is to test, challenge and control a witness who is not your own.

What is the rule in Browne v Dunn (the duty to "put your case")?

An advocate must put to a witness in cross-examination any matter on which they intend to contradict or challenge that witness's evidence, giving the witness a chance to respond. Failure to do so may prevent later reliance on the contradictory point or invite adverse comment.

What are the key elements of an effective advocacy submission to a court or tribunal?

A clear statement of what you want the court to do, a logical structure, accurate citation of the relevant law, application of law to the established facts, anticipation of the opponent's and the bench's points, and a concise, persuasive conclusion. Brevity and candour to the court are essential.

What is the advocate's duty of candour to the court, and how does it interact with the duty to the client?

The advocate must not knowingly mislead the court, must disclose binding adverse authority, and must not assert as fact something they know to be false. This overriding duty to the court takes precedence over the duty to advance the client's case zealously.

In Scottish litigation, what is a "Joint Minute" and what is its function?

A Joint Minute is a formal written agreement between the parties' representatives, lodged in process, recording agreed facts, agreed evidence (e.g. authenticity of documents), or the terms on which the action is settled or disposed of. It binds the parties and removes agreed matters from dispute.

What is a Joint Minute of Admissions and how does it assist at proof?

It records facts or matters the parties agree are not in dispute (e.g. dates, sums, document authenticity), so they need not be proved by evidence. This narrows the issues, shortens the proof and saves time and cost.

What is the difference between settlement by extra-judicial agreement and settlement recorded in a Joint Minute (with decree)?

An extra-judicial settlement is a private contract between the parties resolving the dispute; a Joint Minute lodged in a live action can crave the court to grant decree (often "decree of absolvitor" or in terms of the settlement), giving the agreement the force of a court order and enabling enforcement.

What practical matters should be addressed when drafting the terms of a settlement agreement?

The sum/consideration and payment timing, who pays whom, treatment of expenses/costs, interest, confidentiality, full and final discharge of claims, any without-prejudice/Tomlin-style mechanics, tax treatment, and how the action is to be disposed of (e.g. dismissal or decree).

What is the difference between a "without prejudice" communication and an "open" communication in settlement?

"Without prejudice" communications are genuine attempts to settle a dispute and are generally inadmissible as evidence of admissions; "open" communications can be referred to in court. The privilege encourages frank settlement negotiations without fear they will be used at trial.

What is the typical hierarchy of authority a legal researcher should rely on, from most to least authoritative?

Primary legislation (statutes) and binding case law from higher courts rank highest, then secondary legislation, then persuasive authority (lower/other-jurisdiction cases), then secondary sources (textbooks, journal articles, encyclopaedias such as the Stair Memorial Encyclopaedia). Always verify primary sources directly.

What is the importance of "updating" or "noting up" a case or statute during legal research?

Checking whether a case has been overruled, distinguished, doubted or followed, and whether legislation is in force, amended or repealed. Using a citator/currency tool ensures the law relied upon is still good law and current as at the relevant date.

What is the difference between a primary source and a secondary source in legal research, with examples?

Primary sources are the law itself — statutes, statutory instruments and case reports. Secondary sources explain or comment on the law — textbooks, journal articles, practitioner texts, legal encyclopaedias and commentaries. Secondary sources guide research but primary sources are cited as authority.

What are the core functions of a legal case/matter management system, and why are they used?

Centralised storage of matter files and documents, contact and conflict-checking, diary/time-limit (key date) management, time recording and billing, task allocation and workflow, document automation, and an audit trail. They improve efficiency, reduce risk of missed deadlines, and support compliance.

What is document automation in legal technology, and what are its benefits and risks?

Software that generates documents from templates using merged data/answers to questions. Benefits: speed, consistency and fewer typing errors. Risks: over-reliance, propagation of template errors, and loss of tailoring — outputs still require professional review for the specific matter.

What key professional and ethical issues arise when using legal technology and AI tools (e.g. generative AI) in practice?

Client confidentiality and data protection (not inputting confidential data into insecure tools), accuracy and the risk of fabricated "hallucinated" citations, the duty to supervise and verify outputs, competence to use the tool, and retaining professional responsibility for the work product.

What information security obligations apply to managing client data under data protection law?

Personal data must be processed lawfully, fairly and securely, kept accurate and only as long as necessary, with appropriate technical and organisational measures (encryption, access controls, backups). Solicitors must safeguard confidentiality and report personal data breaches where required.

What is the structure and purpose of a professional "file note" (attendance note)?

A contemporaneous record of a meeting, call or instruction, recording the date/time, who was present, what was discussed, advice given, decisions and next steps. Its purpose is to evidence what occurred, support continuity of the file, justify time recorded, and protect against later disputes or claims.

What are the essential components of a well-structured professional letter or report to a client?

A clear heading/reference and date, an opening stating the purpose, a logical body (background, advice/analysis, options), a clear statement of recommendations and next steps/action points, the costs position where relevant, and a courteous close inviting questions. Tone should be clear and client-appropriate.

What is a "client care" (engagement) letter and what core matters must it cover?

A letter sent at the outset confirming the retainer. It typically covers the scope of work and instructions, the responsible solicitor and supervision, the basis and likely level of fees and outlays, billing arrangements, complaints procedure, and terms of business. It manages expectations and is a regulatory requirement.

How should a lawyer adapt written communication when reporting to a lay client versus another professional?

For a lay client: use plain English, explain technical terms, focus on practical impact and clear next steps. For another professional: more concise, may use precise technical/legal terminology and citations, focus on the legal/technical analysis. In both, accuracy, structure and clarity remain paramount.

What is the difference between an "opinion" (counsel's opinion / memo of advice) and a letter of advice to a client?

An opinion/memo is a structured legal analysis (often for the file or instructing solicitor) setting out the law, reasoning and conclusions on the merits, frequently with reservations and prospects. A letter of advice is addressed to the client, translating that analysis into accessible, action-oriented guidance.