Professional Legal Studies Outline of Course Competencies Successful completion of the College of Law course in Professional Legal Studies will equip you with the following competencies in three core practice areas, an elective practice area and in various professional areas: CP1 Civil Litigation Practice An entry level lawyer should be able to conduct civil litigation in first instance matters in courts of general jurisdiction, in a timely and cost-effective manner. 1. Assessing the merits of a case and identifying the dispute resolution alternatives 2. Initiating and responding to claims 3. Taking and responding to interlocutory and default proceedings 4. Gathering and presenting evidence 5. Negotiating settlements 6. Taking action to enforce orders and settlement agreements CP2 Commercial Practice An entry level lawyer should be able to conduct commercial transactions such as the sale or purchase of a small business. The lawyer should be able to set up standard business structures using entities such as companies, trusts and partnerships; and provide basic advice on finance and securities and the obligations of companies and their officers. 1. Conducting commercial transactions 2. Setting up commercial structures 3. Dealing with loans and securities CP3 Property Practice An entry level lawyer should be able to convey, lease and mortgage real property. The lawyer should also be able to provide general advice on standard matters arising under legislation relating to land use. 1. Transferring title 2. Creating leases 3. Creating and releasing securities 4. Advising on land use EP1C Elective Practice (Corporate Client) An entry level lawyer who acts for a corporate client should be able to conduct corporate transactions, act in commercial litigation and advise on employment matters. 1. Acting in Mergers and Acquisitions 2. Acting in Banking and Finance Matters 3. Acting in Corporate Management Matters 4. Acting in Insolvency Matters 5. Acting in Commercial Litigation 6. Advising on Employment Matters EP1P Elective Practice (Private Client) An entry level lawyer who acts for a private client should be able to act in Wills and Professional Legal Studies Course Competencies Estates, Criminal Law, Family Law and employment law matters. 1. Drafting and Advising on Wills 2. Administering the Estate 3. Advising on Criminal Charges 4. Advising on Dissolution of Marriage 5. Advising on Ancillary Family Law Matters 6. Advising on Employment Law Matters PA1 Professional Responsibility An entry level lawyer should act ethically and demonstrate professional responsibility and professional courtesy in all dealings with clients, the courts, the community and other lawyers. 1. Acting ethically 2. Discharging the legal duties and obligations of legal practitioners 3. Complying with professional conduct rules 4. Complying with fiduciary duties 5. Avoiding conflicts of interest 6. Acting courteously 7. Complying with rules relating to the charging of fees 8. Reflecting on wider issues PA2 – PA 6 Professional Skills An entry level lawyer should be able to demonstrate oral communication skills, legal interviewing skills, advocacy skills, negotiation and dispute resolution skills, and letter writing and legal drafting skills. Communicating effectively 1. Identified the purpose of a proposed communication, the most effective way of making it, an appropriate communication strategy, and the content of the proposed communication 2. Presented thoughts, advice, and submissions in a logical, clear, succinct and persuasive manner, having regard to the circumstances and the person or forum to whom the communication is made 3. Identified and appropriately dealt with verbal, non-verbal and cross-cultural aspects of the proposed communication 4. Taken any follow-up action in accordance with good practice Interviewing clients 1. Prepared for the interview properly, having regard to relevant information available before the interview and the circumstances 2. Conducted the interview using communication techniques appropriate to both the client and the context 3. Ensured that the client and lawyer have both obtained all the information which they wanted from the interview in a timely, effective and efficient way, having regard to the circumstances 4. Ensured that the lawyer and client left the interview with a common understanding of the lawyer’s instructions (if any) and any future action that the lawyer or client is to take 5. Made a record of the interview that satisfies the requirements of law and good practice 6. Taken any follow-up action in a timely manner Writing letters 1. Identified the need for, and purpose of, the letter 2. Written the letter in simple, straightforward English which conveys its purpose clearly and can be easily understood by the person to whom it is sent Professional Legal Studies Course Competencies Drafting documents 1. Identified the need for, and purpose, of the document 2. Devised an effective form and structure for the document having regard to the parties, the circumstances, good practice, principles of writing simple, straightforward English and the relevant law. 3. Drafted the document effectively having regard to the parties, the circumstances, good practice, principles of writing simple, straightforward English, and the relevant law. 4. Taken every action required to make the document effective and enforceable in a timely manner and according to law (such as execution by the parties, delivery and registration). Negotiating settlements and agreements 1. Prepared the client’s case properly having regard to the circumstances and good practice 2. Identified the strategy and tactics to be used in negotiations and discussed them with and obtained approval from the client 3. Carried out the negotiations effectively having regard to the strategy and tactics adopted, the circumstances of the case and good practice 4. Documented the negotiation and any resolution as required by law or good practice and explained it to the client in a way the client can easily understand Facilitating early resolution of disputes 1. Identified the advantages and disadvantages of available dispute resolution options and explained them to the client 2. Performed in the lawyer’s role in the dispute resolution process effectively, having regard to the circumstances 3. Documented any resolution as required by law or good practice and explained it to the client in a way the client can easily understand Representing a client in court 1. Observed the etiquette and procedures of the forum 2. Organised and presented in an effective, strategic way: − factual material; − analysis of relevant legal issues; and − relevant decided cases 3. Presented and tested evidence in accordance with the law and good practice 4. Made submissions effectively and coherently in accordance with law and good practice PA7 Office and Personal Management In the practice of law, the effective utilisation of systems for office and personal management, including managing client funds, is an essential professional skill which promotes efficient office, personal and ethical practices. An entry level lawyer should know how to: 1. introduce a new matter or client into an office system and follow subsequent procedures 2. interpret the commonly used trust account rules and understand various billing and costing practices. 3. identify file management problems and solutions 4. understand and apply personal management strategies including effective time management 5. understand the importance of effectively managing stress, and be able to identify and use effective stress management techniques 6. understand the importance of building relationships in the profession, and effective techniques for developing and maintaining professional relationships, including those with clients and others 7. understand the importance of a supportive professional environment Professional Legal Studies Course Competencies 8. apply fundamental business concepts and how to practise in a businesslike manner. Note: The above skills competencies are derived from: 1. The Professional Legal Studies Course and Assessment Standards Regulations 2002 of the New Zealand Council of Legal Education http://www.nzcle.org.nz/Docs/Course_Assess_Stand_Regs.pdf