Period of Recognised Training / Training Contract Practical Legal Skills and Competence Flashcards

24 sample cards from the Practical Legal Skills and Competence deck

Sampled from the end of the deck, so these are different cards from the ones shown on the syllabus page.

1. In negotiation theory, what does BATNA stand for and why does it matter?

   Best Alternative To a Negotiated Agreement — the course of action you would take if no deal is reached. It sets the benchmark below which you should walk away, and strengthens your bargaining power.

2. What is the four-principle method of 'principled negotiation' from Getting to Yes (Fisher & Ury)?

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

3. What is the difference between a barrister/counsel and a solicitor in the conduct of litigation?

   Traditionally the solicitor has direct client contact, conducts litigation and prepares the case, while counsel (a barrister) is instructed for specialist advice and advocacy; solicitors with higher-rights qualifications may also conduct advocacy.

4. What is an 'instruction to counsel' (brief), and what should it contain?

   A formal document by which a solicitor instructs a barrister, setting out the background facts, the issue/questions on which advice or representation is sought, relevant documents/enclosures, and clear instructions on what is required.

5. What duties does a solicitor owe when dealing with an expert witness?

   To instruct clearly on the issues, provide relevant documents, and ensure the expert understands their overriding duty is to the court (not the instructing party) to give independent, objective opinion within their expertise (CPR Part 35).

6. What does 'managing a caseload' require of a trainee?

   Tracking all active matters, key dates and deadlines; prioritising tasks by urgency and importance; allocating time appropriately; avoiding missed limitation periods/deadlines; and keeping clients and supervisors informed of progress.

7. Give a common framework for prioritising tasks within a caseload.

   The urgent/important matrix (Eisenhower): do urgent-and-important tasks first, schedule important-but-not-urgent tasks, delegate urgent-but-not-important tasks, and minimise/drop those that are neither.

8. Why is meeting limitation deadlines a critical caseload-management priority?

   Because allowing a limitation period to expire usually bars the client's claim entirely, exposing the solicitor to a negligence claim; key dates must be diarised and monitored systematically.

9. What is the fundamental unit used in solicitors' time recording?

   The 6-minute unit — most firms record chargeable time in tenths of an hour, so $1\text{ unit} = 6\text{ minutes} = \tfrac{1}{10}\text{ hour}$; one hour equals 10 units.

10. Calculate the fee for work recorded as 25 units at an hourly charge-out rate of £240.

    Each unit is $\tfrac{1}{10}$ hour, so 25 units $= 2.5$ hours. Fee $= 2.5 \times £240 = £600$.

11. What is the difference between chargeable (billable) and non-chargeable time?

    Chargeable time is work done on client matters that can be billed to the client; non-chargeable time is internal/administrative or business-development work (e.g. training, supervision, marketing) not billed to any client.

12. What three elements typically make up a solicitor's bill to a client?

    Professional charges (fees for the work, usually time x rate or a fixed/agreed fee), disbursements (third-party costs such as court fees, counsel's fees, expert fees), and VAT where applicable.

13. What information about costs must a solicitor give a client at the outset of a matter?

    The best information possible on the likely overall cost — the basis of charges (hourly rate/fixed fee), an estimate or cost ceiling, disbursements, VAT, and how/when the client will be billed, keeping this updated as the matter progresses.

14. What are the key steps in proper file-opening procedure?

    Carry out client identification/AML checks, run a conflict-of-interest check, confirm capacity to act, open the matter file with a unique reference, issue a client care/engagement letter, and set up the file structure, key dates and ledger.

15. Why are client identity and AML (anti-money laundering) checks part of file opening?

    To comply with money laundering regulations and the SRA's requirements — verifying the client's identity, understanding the source of funds, and assessing risk before acting, to prevent the firm being used for financial crime.

16. What should a conflict-of-interest check at file opening identify?

    Whether acting would create a conflict between the firm's own interests and the client, or between two or more clients (e.g. acting for both sides), which generally prevents the firm from acting unless an exception applies.

17. What does proper file maintenance during a matter involve?

    Keeping correspondence, attendance notes, documents and the client ledger up to date and properly indexed, recording time promptly, diarising key dates, and ensuring the file accurately reflects the status of the matter at any point.

18. What are the essential steps in proper file-closing procedure?

    Confirm all work is complete and the client account balance is nil/funds returned, render the final bill, deliver final documents/originals to the client, send a closing letter, archive the file securely, and diarise any future review/destruction date.

19. What is the purpose of an 'end of matter' / closing letter to the client?

    To confirm the matter is concluded, summarise the outcome, deal with the return of documents and any money, explain storage/retrieval of the file, and clarify that the retainer has ended.

20. What does it mean to work effectively 'under supervision' as a trainee?

    Carrying out delegated work to standard while recognising the limits of your competence, keeping your supervisor informed, seeking guidance before acting on matters beyond your experience, and accepting and acting on feedback.

21. When should a trainee proactively seek guidance from a supervisor?

    When facing an issue outside their competence or experience, when uncertain about the law or correct course of action, when an ethical concern or potential mistake arises, or when a deadline/risk threatens the client's interests.

22. How does 'professional judgement' (Competence A) differ from simply knowing the law?

    Professional judgement is the ability to apply legal knowledge sensibly to real situations — weighing ethical duties, client interests, risk and proportionality to decide the appropriate course of action, not merely reciting rules.

23. What is the difference between a solicitor's duty to the client and the overriding duty to the court?

    A solicitor must act in the client's best interests, but where this conflicts with the duty to the court and the proper administration of justice (e.g. not misleading the court), the duty to the court takes precedence.

24. Compare 'particulars of claim' with a 'defence' as statements of case.

    Particulars of claim set out the claimant's factual and legal basis for the claim and the remedy sought; the defence responds to each allegation by admitting, denying (with reasons) or requiring proof, and may raise positive averments or a counterclaim.

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