Legal Practice Course (LPC) Course Skills Syllabus

What is the function of a recitals (background) clause in an agreement?

Recitals set out the context and purpose of the agreement and the parties' intentions; they are not usually operative obligations but can aid interpretation of the operative clauses.

What is the purpose of a definitions and interpretation clause?

To give specific words defined meanings used consistently throughout the document, reduce repetition, remove ambiguity, and set rules for interpretation (e.g. headings, singular/plural, references to statutes).

What are 'boilerplate' clauses and give three examples?

Standard administrative clauses appearing in most agreements. Examples: governing law and jurisdiction, notices, entire agreement, severance, assignment, and force majeure.

What is the purpose of an 'entire agreement' clause?

To state that the written contract contains the whole agreement between the parties, excluding prior representations or collateral terms, thereby limiting reliance on pre-contractual statements.

What stages make up a well-structured client interview?

Greeting and rapport building, explaining purpose and confidentiality, listening to the client's account, questioning to fill gaps, summarising and confirming facts, advising/discussing options and next steps, and closing with agreed action and costs information.

What is the difference between open and closed questions in a client interview, and when is each used?

Open questions (e.g. 'Tell me what happened') invite a full narrative and are used early to gather the client's account; closed questions (e.g. 'Did you sign on the 5th?') seek specific yes/no or factual detail and are used later to clarify and confirm.

What is the 'funnel' technique in client questioning?

Starting with broad open questions to get the overall picture, then progressively narrowing to closed questions to obtain and confirm specific details.

Why is active listening important in a client interview?

It ensures the client feels heard, helps build rapport, elicits fuller information, allows the adviser to pick up on concerns and unstated objectives, and reduces the risk of missing material facts.

Give three effective note-taking techniques for a client interview.

Note key facts, dates and figures accurately rather than verbatim; use a structured format or headings; record the client's exact words on critical points; and avoid letting note-taking break eye contact and rapport (or use a second note-taker).

When advising a client, what three things should typically be explained about each option?

The likely outcomes/merits, the risks (including litigation and adverse costs risk), and the costs and time involved, so the client can make an informed decision.

What does it mean to manage client expectations, and why is it important?

Giving a realistic, honest assessment of prospects, timescales and costs rather than over-promising; it builds trust, reduces later disappointment and complaints, and supports informed client decision-making.

How can a lawyer establish rapport at the start of a client meeting?

A warm professional greeting, appropriate eye contact and body language, using the client's name, explaining the structure and confidentiality of the meeting, showing empathy, and listening attentively.

What should a lawyer tell a client about confidentiality at the start of an interview?

That what the client discusses is confidential and subject to legal professional privilege, with appropriate explanation of any limits, so the client feels able to speak freely.

What is the difference between giving advice on the law and advising on the client's options?

Advising on the law explains the legal position objectively; advising on options applies that law to the client's circumstances and sets out practical courses of action with their risks, costs and likely outcomes, ending with a recommendation.

What is the recommended structure for an advocacy submission to a court?

A clear introduction identifying who you are and the application, a concise statement of the issue and what you seek, the supporting points/grounds in logical order with reference to law and evidence, dealing with the opponent's points, and a clear conclusion restating the order sought.

What is an interim application and at what stage of proceedings is it made?

An application made to the court during the course of litigation, before the final trial, seeking a procedural order or interim relief (e.g. summary judgment, an injunction, or an order for further information).

What must an advocate generally establish when making an interim application?

The legal basis/jurisdiction for the application, that the procedural requirements are met, the facts supporting it (usually by evidence), and why the order sought is appropriate and proportionate.

How does an advocate effectively oppose an interim application?

By identifying the weaknesses in the applicant's case, challenging the legal basis or evidence, presenting contrary evidence, addressing the relevant test or factors, and proposing an alternative order or refusal.

What is examination-in-chief and what is its key restriction?

Questioning your own witness to elicit their evidence in support of your case; the key restriction is that leading questions (suggesting the answer) are generally not permitted on contested or material matters.

What is a leading question and where is it permitted or not permitted?

A question that suggests its own answer or assumes a disputed fact (e.g. 'You saw the red car, didn't you?'). It is generally not permitted in examination-in-chief on disputed matters but is permitted and central in cross-examination.

What are the two main purposes of cross-examination?

To challenge or undermine the credibility and reliability of the opposing witness's evidence, and to put your own client's case to that witness (the rule in Browne v Dunn).

What is the rule in Browne v Dunn in the context of cross-examination?

If you intend to challenge a witness's evidence or rely on a contradictory version, you must 'put' your case to that witness in cross-examination so they have an opportunity to respond; failing to do so may prevent you from later disputing their account.

How should questions in cross-examination generally be framed compared with examination-in-chief?

Cross-examination uses short, closed, leading questions controlling the witness to one fact at a time, whereas examination-in-chief uses open, non-leading questions allowing the witness to tell their account.

State three key points of court etiquette for an advocate addressing the court.

Use the correct form of address for the judge (e.g. 'Your Honour', 'My Lord/Lady', 'Sir/Madam'), stand when addressing the court and when the judge speaks, and refer to opposing counsel courteously (e.g. 'my friend'/'my learned friend').

What are the correct modes of address for judges in the main English courts?

District/Deputy District Judge and Magistrates: 'Sir' or 'Madam' (Magistrates' chairs: 'Your Worships'); Circuit Judge/judges addressed 'Your Honour'; High Court and senior judges: 'My Lord' or 'My Lady'.

What standards of professional presentation are expected of an advocate in court?

Appropriate professional dress, punctuality, preparation and command of the papers, clear and measured speech, courtesy to the court, witnesses and opponents, and honesty/candour with the court.

What is an advocate's duty of candour to the court?

The duty not to mislead the court, including drawing the court's attention to relevant adverse legal authority and not making assertions the advocate knows to be false; the duty to the court overrides the duty to the client.

Why is thorough preparation considered the foundation of effective advocacy?

It allows the advocate to master the facts, evidence and law, anticipate the opponent's and judge's questions, structure persuasive submissions, respond confidently, and present the case clearly and credibly.

What is a skeleton argument and what is its purpose in advocacy?

A concise written summary of the advocate's submissions, identifying the issues, the arguments and the key authorities relied on; it assists the court's pre-reading and provides a structured roadmap for the oral submissions.

How should an advocate deal with adverse authority or weaknesses in their own case?

Address them candidly: cite relevant adverse authority as required by the duty to the court, distinguish or limit it where possible, and confront weaknesses head-on with reasoned argument rather than hoping they go unnoticed.