Swansea LPC 2018/19: What to expect guide
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Swansea LPC 2018/19: What to expect guide 1 Swansea LPC 2018/19
1 INTRODUCTION
1.1 LPC as preparation for practice as a Trainee Solicitor
The LPC is currently an essential component of the process of qualification
for those who wish to practise as solicitors in England and Wales. It seeks to
build upon your academic study of law and already acquired skills to prepare
you for practice as a Trainee Solicitor.
1.2 Advising not describing
It is also essential to understand the difference in approach and emphasis of
the LPC as compared with your law degree or graduate conversion course
(GDL). For example, on the LPC your task will not be simply to identify legal
problems and describe/criticise the relevant law; rather you will be expected
to advise on a specific course of action or range of options which may meet
your client's objectives and how you will carry out your client’s instructions.
So (as in practice) it will not be enough merely to tell your client the law;
you will need to be able to explain its effect and implications in the
context of the client's particular circumstances and how you will carry
out your client’s instructions.
This difference of approach is reinforced by the teaching methods and types
of assessments that you will encounter on the LPC. For example, you may be
asked to advise a client (in an interview or by means of a letter) as to his/her
legal position, using non-technical language.
1.3 Preparation and Full Participation
As for teaching methods, you will find a heavy emphasis upon preparation
for classes, whether large group or small group sessions, and an expectation
of your full participation in various forms of session activity - which will
include working as part of a team, role play and giving feedback.
A student who is not ready, willing and able to undertake the necessary
preparatory work and/or who is unwilling to accept the necessity of
embracing a considerable measure of responsibility for their own
learning is unlikely to get the most out of the LPC, or life in practice as a
trainee solicitor.
2 Swansea LPC 2018/192 THE STRUCTURE OF THE LPC
There is a basic structure and curriculum which all LPC providers broadly
adopt:
Stage 1: Core Modules
Stage 2: Vocational Elective Modules
Course Skills
2.1 Stage 1: Core Modules
Stage 1 of the course (Stage 1) is more particularly described in the ‘Legal
Practice Course Outcomes 2011’, which are prescribed by the Solicitors
Regulation Authority (SRA) and are available on the SRA website at
http://www.sra.org.uk/lpc/.
Stage 1 runs for approximately 26 weeks from September 2018 and includes
the core modules of:
Property Law & Practice
Business Law & Practice
Litigation (both civil and criminal)
Professional Conduct & Regulation
Solicitors Accounts
Wills & Administration of Estates
Module tutors will supply module handbooks and relevant advice and
information in relation to the core modules throughout the course.
All the Stage 1 core modules are assessed by examination. Some of the
examinations which you are required to undertake are "open-book" - i.e. you
will be entitled to take with you into the examination certain permitted
materials that you will be allowed to consult during the assessment. After all,
when in practice you will not be encouraged to give advice on the basis of
something you may only half remember from a session that you attended
some weeks/months ago! However, you will not get credit simply for copying
verbatim material from the books available to you: you will be expected to do
something with the law e.g. to advise upon the most suitable course of action
in the context of your client's circumstances.
Stage 1 examinations will take place in February/March 2019
2.2 Stage 2 Vocational Elective Modules
Stage 2 of the LPC runs for approximately 10 weeks from March 2019.
Students must choose three elective modules to study (each is of broadly
equal length in terms of hours). Each elective module will be assessed by
means of an “open book” examination. Elective examinations will take place
in June 2019.
3 Swansea LPC 2018/19Your choice of elective modules must be made at the appropriate time during
Stage 1 of the LPC (usually immediately before the Christmas vacation).
Further advice and information on the elective modules will be given during
the course and an elective choice form will be supplied for completion.
Module tutors will supply module handbooks and relevant advice and
information in relation to the elective modules.
2.3 Course Skills
Course skills are prescribed by the SRA and are as follows:
Legal writing
Practical Legal Research
Legal drafting
Interviewing & Advising
Advocacy
For teaching purposes, the prescribed skills form an integral part of the core
and elective modules; you can expect to receive training and opportunities to
practise and develop them throughout the LPC.
You will be assessed once in each skill and a determination will be made
whether you are ‘competent’ or ‘net yet competent’ in the skill.
There are no marks attached to the skills assessments. However, you
must be assessed as ‘competent’ in the skills in order to pass the
course. To do so your ability to communicate in written and spoken
English is key.
There will be opportunities to practise the skills in which you will be
assessed and to receive feedback on those practice attempts before the
summative assessments.
4 Swansea LPC 2018/193 PRIOR KNOWLEDGE AND UNDERSTANDING
As indicated in the introduction, the LPC is an intensive course, building
particularly (but not exclusively) upon your prior study of the law. What
follows is an indication of certain key areas of knowledge and
understanding that you will be expected to be able to demonstrate on
commencing the course. Without this, the LPC will be less able to
achieve its goal i.e. of preparing you for the world of practice when you
start your training contract.
You will notice that in each of the LPC core modules you will need to utilise
your knowledge and understanding of several aspects of the law which you
may have previously studied as "separate subjects" and perhaps at different
times in your legal studies. This very much reflects practice, where it will be
very important not to adopt a "compartmentalised" approach to clients' issues.
3.1 Business Law & Practice (“BLP”)
On commencing the BLP course, it will be assumed that you have knowledge
and understanding of the following areas of law: Contract; Equity and Trusts;
European Union law; and Land law. These underpin many aspects of
business law. Do not worry if you have not studied company and/or
commercial law before, as no prior knowledge in these areas will be
assumed.
3.2 Property Law & Practice (“PLP”)
PLP is concerned with the transfer of land and of interests in land in
residential and commercial contexts e.g. a house or development land. From
the solicitor's perspective PLP involves the application of land law and equity
and trusts law and other legal principles such as the law of contract in
practical contexts. Therefore to be a competent property lawyer you must be
a competent land, contract, and equity and trusts lawyer. This is so that when
you encounter a property transaction or matter in practice, you can identify
the relevant legal issues and apply them.
3.3 Litigation
You will study both Civil Litigation and Criminal Litigation. On commencing
the LPC you will be expected to demonstrate knowledge and understanding
of many of the substantive law concepts that you have studied. Almost any
area of law (including property law or trusts) is capable of being the subject
matter of litigation. The following are likely to be particularly relevant:
5 Swansea LPC 2018/193.3.1 Contract
It will be assumed that you understand the requirements of the formation of a
binding contract, the rules relating to express and implied terms of contract,
discharge and remedies, including compensation.
Examples of the scenarios which you may encounter on the LPC include:
a client who has purchased defective goods is looking for a refund
disputes in relation to the performance of a building contract
a business client who alleges that they have been badly advised by
professional advisers and wants to claim compensation for their losses
3.3.2 Tort
It will be assumed you understand the basis of liability in respect of the major
torts, defences, contributory negligence and damages. The tort of negligence
is likely to be particularly important.
Examples of the scenarios which you may encounter in Civil Litigation on the
LPC include:
a client seeking compensation for the broken leg suffered in a road traffic
accident
a widow seeking compensation for the death of her husband in an
accident at work
3.3.3 Criminal Law
An understanding of the major criminal offences (such as offences against the
person and theft) is critical to the study of Litigation, as teaching on the LPC
focuses on litigation procedure – students are assumed to already understand
the substantive law. You should understand the essential elements of the
offences, defences and the basics of criminal penalties, including fines and
imprisonment.
Examples of the scenarios which you may encounter in Criminal Litigation on
the LPC include:
being called to the police station to advise a client who has been arrested
for alleged assault
appearing in court to represent a client charged with defrauding their
employer
3.3.4 Equity and Trusts
As explained above, any area of law could be the subject of litigation, but the
most important aspect of your previous study in this area is likely to be
equitable remedies, including injunctions and specific performance. You
should understand when these remedies are likely to be available.
6 Swansea LPC 2018/193.3.5 Human Rights
You are assumed to understand the European Convention on Human Rights,
including the rights and freedoms enshrined in the Convention and the
method of their incorporation into domestic law via the Human Rights Act.
You are also assumed to understand the institutions of the Convention, in
particular the role of the European Court of Human Rights. You should have
an awareness of the likely practical impact of the Convention on key areas of
civil liberties.
3.3.6 Evidence
The Litigation module incorporates an intensive evidence section. This is
intended to give you the procedural knowledge required to conduct basic
criminal and civil proceedings in practice. It is appreciated that not all students
will have studied evidence as a separate course before enrolling on the LPC.
7 Swansea LPC 2018/194 PRACTICAL LEGAL RESEARCH (PLR)
This has been identified as perhaps the most important skill which you will
need as you enter your training contract. As with the other skills, you can
expect training in and opportunities to develop your practical research skills
during the LPC.
Prior to joining the LPC, you will be expected to have the ability to:
Generally:
locate, collate, analyse and apply information to answer specific legal
problems - using both traditional paper-based sources and electronic
bibliographic primary and secondary sources
check the development and current validity of the law in a particular area
Specifically:
Find and use the primary sources of the law (cases, statutes and statutory
instruments) using both paper-based and electronic sources. In particular,
you should be able to:
locate a law report from either the reference or the party information
use a case citator and understand its significance
find statutes and statutory instruments and know how to use relevant
updating services
use Halsbury's Laws of England and Current Law
access EU material, in particular Directives, Regulations and EU case
reporting series
access relevant articles in the leading legal journals
locate and use secondary sources (such as leading practitioner texts),
where appropriate, as a precursor to detailed reference to primary
sources
collate, analyse and apply relevant material in a particular field of law
8 Swansea LPC 2018/195 SKILLS OF WRITING AND NUMERACY
The skills of Writing and Numeracy are relevant to the LPC in a number of
ways, as indicated below. Although the Course includes teaching in relation
to both of these skills, a basic level of knowledge and ability has to be
assumed.
5.1 Writing
On the LPC, you will be required to write letters in various contexts, examples
of which are as follows:
a letter of advice to your client, taking into account the level of
understanding of the subject-matter which the particular client may be
expected to possess
a letter to another provider of services to your client, including a bank,
counsel or estate agent
The skill of writing is developed not only in the context of legal letter-writing
but also in relation to the skill of legal drafting. Both letter writing and drafting
are assessed on the LPC.
In writing a letter and, as appropriate, in drafting a document (e.g. a contract
for the sale of land or an agreement governing the relationship between
partners), you will need to demonstrate the following, without specific tuition
on the LPC:
correct use of grammar
correct spelling
correct use of punctuation
correct construction of sentences
the conventions of letter-writing
Your ability to communicate clearly in written English is key.
5.2 Numeracy
On the LPC, numeracy is important in a number of contexts, in particular:
taxation, where the method of teaching is likely to include the use of
examples of the calculation of a client's tax liability
book-keeping and accounts, which (by their nature) necessitate the use of
figures and calculations based on those figures
Numeracy is not itself an assessed skill on the LPC; nevertheless, in order to
test your understanding, an assessment may require you to:
9 Swansea LPC 2018/19 calculate the amount of tax payable by a client on a given set of facts
calculate the amount of profit made by a business in relation to a given
set of accounts
Without specific tuition on the LPC, you will therefore be expected to be able
to demonstrate competence at the following:
addition, subtraction, multiplication and division
the use of percentages
Please note that only non-programmable calculators (and never a
mobile phone) may be taken into assessments for calculation purposes.
6 ORAL COMMUNICATION SKILLS
Oral communication skills are of particular significance on the LPC, which is
designed to equip you for the demands of life in practice. The LPC includes
teaching programmes for both court room advocacy and client interviewing
and advising. During the Course you will be given the opportunity to practise
and develop your oral communication skills.
7 INFORMATION TECHNOLOGY
Your minimum standards of computer competency on entering the LPC are:
Basic keyboard skills. These are the primary necessity for IT, including
the basics of using a computer, keyboard and pointing device (i.e. a
mouse).
You will need to perform basic legal tasks through the medium of IT, such
as the production of documentation, including coursework.
The ability to perform legal research through the medium of IT resources.
All law students should be able to conduct legal research through on-line
enquiry facilities such as LEXIS or Westlaw.
The ability to communicate via e-mail.
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