Lawyer and Client Costs Booklet V1.0

Total Page:16

File Type:pdf, Size:1020Kb

Lawyer and Client Costs Booklet V1.0 Lawyer and Client Costs CONTENTS PAGES CHAPTER 1 OUTCOMES 2 THE REGULATORY FRAMEWORK OF THE LEGAL SERVICES MARKET 3-10 TYPES OF WORK 11-14 LAWYER CLIENT RETAINERS 15-24 FUNDING METHODS 25-29 CHAPTER 2 OUTCOMES 30 REMUNERATION OF LAWYERS 31-41 ENTERING A RETAINER (COSTS INFORMATION AND ESTIMATES) 42-49 TERMINATION OF THE RETAINER 50-55 CHAPTER 3 OUTCOMES 56 LEGAL ACCOUNTS AND COSTS 57-60 TYPES OF BILL 61-69 COMPLAINTS ABOUT A LAWYERS BILL 70-76 CHAPTER 4 OUTCOMES 77 SOLICITOR AND OWN CLIENT ASSESSMENTS 78-82 LAWYER’S RIGHTS TO RECOVER COSTS 83-93 1 Chapter 1 Learning outcomes After studying this chapter you should understand the following main points: þ the development of the legal services market; þ how work of lawyers may be classified; þ what retainers are, the law that governs retainers and the relevant professional conduct rules; and þ the way matters may be funded. 1.1 The Regulatory Framework of the Legal Services Market 1. Introduction The regulation of legal services has grown as the legal profession developed and expanded over hundreds of years, historically regulations were created by both the profession itself and by governments through legislation. It was the Solicitors Act 1974 that authorised the Council of the Law Society to make rules regulating the professional practice, conduct and discipline of solicitors, and rules relating to the keeping of accounts. Whilst this is still the case in some instances in others, in recent times, the law has changed dramatically. Whilst the Solicitors Act 1974 used to govern the vast majority of persons who conducted litigation, as a result of changes made by the Courts and Legal Services Act 1990, then the Access to Justice Act 1999, and finally the Legal Services Act 2007 the ambit of persons who are able to provide this and other types of legal service has widened considerably to all “authorised persons”. The main aim behind the Legal Services Act 2007 was to refocus regulation on consumer interests, as opposed to professional interests, ensuring independent regulation and removing unnecessary barriers to competition. 2. The Regulators Concern about self-regulation by some categories of lawyers was one reason why the Legal Services Act 2007 was introduced. The Legal Services Act 2007 triggered the formation of a new organisation called the Legal Services Board (LSB). The statute authorised the LSB to reform and modernise the legal service market by placing the interests of the consumer at the heart of the system by overseeing the regulation of lawyers across England and Wales through authorised regulating bodies. The LSB has 8 regulatory objectives, namely: þ protecting and promoting the public interest; þ supporting the constitutional principles of the rule of law; þ improving access to justice; þ protecting and promoting the interest of consumers; þ promoting competition in the provision of services; þ encouraging an independent, strong, diverse and effective legal profession; þ increasing public understanding of the citizen’s legal rights and duties; and þ promoting and maintaining adherence (by authorised persons) to the professional principles. In achieving the above 8 objectives the LSB is an overarching regulator. 2.1 The Approved Regulators The approved regulators of the legal service market are listed in paragraph 1 of Schedule 4 to the Legal Services Act 2007 or they have been designated as an approved regulator by © Association of Costs Lawyers Training 2020 3 an order under paragraph 17 of that Schedule. ACL remains the approved regulator of Costs Lawyers although the function has now been delegated to the Costs Lawyer Standards Board. 2.2 The Internal Governance Rules Section 30 of the Legal Services Act 2007 places a duty on the LSB to make internal governance rules (IGR), which set out requirements to be met by approved regulators for the purposes of ensuring that: þ the exercise of their regulatory functions is not prejudiced by any representative functions; and þ so far as reasonably practicable, decisions relating to the exercise of regulatory functions are taken independently from decisions relating to the exercise of representative functions. Putting IGR in place in 2009 was one of the LSB’s first priorities. The IGR were then amended in 2014 to update the rules on Board appointments and reappointments. The LSB published their vision for legislative reform in September 2016. This document explained why the current lack of full independence between approved regulators and their frontline regulatory bodies was unlikely to be sustainable. The Competition and Markets Authority undertook a legal services market study and a final report was published in December 2016. This report identified a number of issues arising from the current regulatory structure. It considered that full regulatory independence from providers and government is a fundamental principle for the regulatory framework and consequently that the government should undertake a review of the independence of regulators. The Ministry of Justice undertook Tailored Reviews of the Legal Services Board and Office for Legal Complaints and published its findings in July 2017. This review recommended that to ensure continued public and international confidence in the regulation of the legal sector, the LSB should use all of its powers to provide robust assurance on the separation of the frontline regulators from the representative functions of the Approved Regulators, including the use of its investigative powers where appropriate. Any changes, including those as a result of the review of internal governance rules, should be made within the existing legislative framework. A review of the IGR was undertaken by the LSB between November 2017 and July 2019, following which new rules and accompanying statutory guidance were published in July 2019. The approved regulators are under a duty to implement arrangements for securing independence in line with the IGR, and to update these arrangements in accordance with amendments made by the LSB. With the publication of the new internal governance rules and accompanying statutory guidance, a 12 month transition period commenced. By 24 July 2020, the approved regulators must demonstrate their compliance with these rules. © Association of Costs Lawyers Training 2020 4 3. The Practitioners Only an authorised person is entitled to undertake reserved legal activities because they are regulated by an approved regulator that has been designated to regulate that activity under the provisions of the Legal Services Act 2007. For completeness, you should also remain aware that an exempt person can carry out a reserved legal activity (section 14 of the Legal Services Act 2007). 3.1 Authorised Persons Section 18 Legal Services Act 2007 defines and “authorised person” as: þ a person who is authorised to carry on the relevant activity by a relevant approved regulator in relation to the relevant activity (other than by virtue of a licence under Part 5); or þ a licensable body which, by virtue of such a licence, is authorised to carry on the relevant activity by a licensing authority in relation to the reserved legal activity (see sections 83-85 of the Legal Services Act 2007). It should be noted that an authorised person may include an entity, or in other words a business with a licence to undertake reserved legal activities. In light of entity regulation (i.e. of firms not just individuals), all staff (qualified or not) in a regulated entity have to be aware of the requirements of their regulator (such as the SRA) to the extent necessary to do their job. This can be seen if you consider Chapter 7 of the SRA Code of Conduct. The approved regulators are responsible for setting appropriate regulatory arrangements which provide the conditions on which a person is authorised and must abide by when carrying out the reserved activities, see for example the SRA Authorisation Rules 2007. Through the regulatory arrangements, it is the approved regulators that determine the nature of regulation for activities carried out by individuals or the entities they regulate. The requirements include such provisions as: þ qualification and entry requirements; þ practice rules; þ conduct rules; þ disciplinary arrangements; and þ indemnification arrangements and compensation arrangements. In some instances these are framed partly by statutory requirements of existing legislation that were maintained within the Legal Services Act 2007 such as the Solicitors Act 1974, the Administration of Justice Act 1985 and the Courts and Legal Services Act 1990. 3.2 The Duties of Regulated Persons Part 8 of the Legal Services Act 2007 contains miscellaneous provisions about lawyers, including the duties of regulated persons. Section 176(1) of the Legal Services Act 2007 states that a person who is regulated by an approved regulator has a duty to comply with the regulatory arrangements of the approved regulator as they apply to that person. © Association of Costs Lawyers Training 2020 5 4. Duty of the Lawyer to their Client in respect of Costs At the current time the only regulation by the Courts of costs is in respect of solicitors’ costs. Although barristers, chartered legal executives and costs lawyers are all regulated legal professionals, and have their own regulatory bodies to which complaints can be made and can be investigated by the Legal Ombudsman, there is no provision for the courts to assess the costs of any lawyer other than a solicitor. This is clearly an area which needs reform given that legal executives and direct access barristers can now set up alone and can conduct litigation. Costs lawyers can also conduct costs litigation, and a client may want to challenge the bill of any of these legal professionals through the courts. It is possible a court might be prepared to assess the bill of a legal professional other than a solicitor, there is no statutory right for the client in respect of the same.
Recommended publications
  • Solicitors' Rights of Audience, Competence and Regulation: A
    Legal Studies (2021), 1–18 doi:10.1017/lst.2021.5 RESEARCH ARTICLE Solicitors’ rights of audience, competence and regulation: a responsibility rights approach Jane Ching* Nottingham Trent University, Nottingham, UK *Author e-mail: [email protected] (Accepted 22 December 2020) Abstract This paper takes as its context the decision of the Solicitors Regulation Authority in England and Wales to abandon before the event regulation of lower court trial advocacy. Although solicitors will continue to acquire rights of audience on qualification, they will no longer be required to undertake training or assessment in witness examination, by contrast with other, competing, legal professions. Their opportunities to acquire competence outside the classroom will remain limited. The paper first explores this context and its implica- tions for the three key factors of rights to perform, competence and regulatory accountability. The current regulatory system is then displayed as a Hohfeldian network of rights and duties held in tension between sta- keholders intended to inhibit the incompetent exercise of rights to conduct trial advocacy. The SRA’s proposal weakens this tension field and threatens the competitive position of solicitors. The paper therefore finally offers a radical alternative reconceptualisation of rights of audience in terms of Waldron’s ‘responsibility rights’ as a solution, albeit one with significant implications for the individual advocate. This model, applic- able globally, is closer to notions of societal good and professionalism than to those of the competitive market, whilst inhibiting incompetent performance and remediating the SRA’s approach. Keywords: trial advocacy; practice; procedure and ethics; legal regulation; legal education Introduction The legal services market in England and Wales possesses two peculiarities.
    [Show full text]
  • Hosted by Nottingham Law School Your Future Your Legal Career Conference
    Hosted by Nottingham Law School Your Future Your Legal Career Conference Wednesday 13 November 2013 Introductory Remarks • Paula Moffatt, Principal Lecturer NLS, Solicitor • Professor Andrea Nollent, Dean of NLS • Peter Kay, Senior Careers Consultant, University of Nottingham If you would like to tweet about the conference, please do!! #mylawfuture Session 1 Chair: Professor Rebecca Huxley- Binns Professor Jane Ching, Professor of Professional Legal Education An Overview of the Legal Education and Training Review Legal Services Education Jane Ching Not everyone who does a law degree will enter (one of the) legal professions, but… Legal Professions in England and Wales • Regulated under the Legal Services Act 2007 – Solicitor – Barrister – Chartered Legal Executive – Patent Attorney – Licensed Conveyancer –Notary – Registered Trade Mark Attorney –Costs Lawyer – [some accountants] • Regulated separately – Claims Manager – Immigration Advisor • Not currently regulated – Paralegals – Will writers Legal Professions in England and Wales • Regulated under the Legal Services Act 2007 – Solicitor (120,000) – Barrister (15,300) – Chartered Legal Executive (7,500, but c 20,000 CILEx members) – Patent Attorney (1,700) – Licensed Conveyancer (1,100) –Notary (850) – Registered Trade Mark Attorney (620) –Costs Lawyer (400) – [some accountants] • Regulated separately – Claims Manager – Immigration Advisor • Not currently regulated – Paralegals – Will writers • And law librarians, legal secretaries and accountants, barristers’ clerks, legal publishers,
    [Show full text]
  • Download Download
    Downloaded from the Humanities Digital Library http://www.humanities-digital-library.org Open Access books made available by the School of Advanced Study, University of London Press ***** Publication details: Legal Records at Risk: A strategy for safeguarding our legal heritage Clare Cowling http://humanities-digital-library.org/index.php/hdl/catalog/book/lrar DOI: 10.14296/919.9781911507154 ***** This edition published 2019 by UNIVERSITY OF LONDON PRESS SCHOOL OF ADVANCED STUDY INSTITUTE OF ADVANCED LEGAL STUDIES Senate House, Malet Street, London WC1E 7HU, United Kingdom ISBN 978-1-911507-15-4 (PDF edition) This work is published under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License. More information regarding CC licenses is available at https://creativecommons.org/licenses Legal Records at Risk A strategy for safeguarding our legal heritage Clare Cowling THE LEGAL RECORDS AT RISK PROJECT Project patrons: William Twining, Professor of Jurisprudence Emeritus, UCL and Avrom Sherr, Emeritus Professor, IALS Legal Records at Risk A strategy for safeguarding our legal heritage Clare Cowling Associate Research Fellow, IALS and Director, Legal Records at Risk project 2019 First published 2019 © Clare Cowling and contributors, 2019 ISBN 978-1-911507-14-7 (paperback edition) ISBN 978-1-911507-15-4 (PDF edition) DOI: 10.14296/919.9781911507154 University of London Press Institute of Advanced Legal Studies Charles Clore House 17 Russell Square London WC1B 5DR Email: [email protected] This book is published under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International (CC-BY-NC-ND 4.0) license. More information regarding CC licenses is available at https://creativecommons.org/ licenses/ Available to download free or to purchase at https://www.sas.ac.uk/publications Any third-party material in this book is published under the book’s Creative Commons license unless indicated otherwise in the credit line to the material.
    [Show full text]
  • Application to the Legal Services Board S.20, Schedule 4, Part 3 of the Legal Services Act 2007
    Application to the Legal Services Board S.20, Schedule 4, Part 3 of the Legal Services Act 2007 Applicant: Costs Lawyer Standards Board Purpose: Approval of new route to qualification as a Costs Lawyer under Costs Lawyer competence assessment Date: 26 January 2019 1. Abbreviations ACL Association of Costs Lawyers CLCA Costs Lawyer Competence Assessment CLCT Costs Lawyer Competence Test (name by which the CLCA was initially referred to) CLSB Costs Lawyer Standards Board LSA Legal Services Act 2007 LSB Legal Services Board MCT Multiple choice test 2. Attachments Proposed Costs Lawyer Competence Assessment Handbook with Annex 1-10 inclusive, ACL response and SRA response. 3. This application It is the role of the CLSB to encourage a strong and diverse Costs Lawyer profession as well as ensuring high standards of service. There is only one means of entry into the profession, a prescriptive three-year education program leading to qualification offered by one provider. The CLSB is of the view this creates several barriers, for example: (i) lack of choice on learning methods; and (ii) lack of flexibility on time taken to qualify; and (iii) lack of flexibility on the cost of qualifying; and (iv) it is too onerous on an “earn and learn basis” and therefore likely unattractive to the longer serving costs law practitioners; and (v) it does not offer adequate exemptions for cross qualification for those whose knowledge and skills have already been assessed under another legal qualification; and (vi) the minimum age for commencing the qualification was revised from 16 to 18 following a request by the provider due to the law on educating minors; and (vii) minimum education standards on applying to commence the qualification were applicable.
    [Show full text]
  • Downloaded from SAS Space Open Access Books Made Available by the School of Advanced Study, University of London Press
    Downloaded from SAS Space http://www.sas-space.sas.ac.uk Open Access books made available by the School of Advanced Study, University of London Press ***** Publication details: Legal Records at Risk: A strategy for safeguarding our legal heritage Clare Cowling DOI: 10.14296/919.9781911507154 ***** This edition published 2019 by UNIVERSITY OF LONDON PRESS SCHOOL OF ADVANCED STUDY INSTITUTE OF ADVANCED LEGAL STUDIES Senate House, Malet Street, London WC1E 7HU, United Kingdom ISBN 978-1-911507-15-4 (PDF edition) This work is published under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License. More information regarding CC licenses is available at https://creativecommons.org/licenses Legal Records at Risk A strategy for safeguarding our legal heritage Clare Cowling THE LEGAL RECORDS AT RISK PROJECT Project patrons: William Twining, Professor of Jurisprudence Emeritus, UCL and Avrom Sherr, Emeritus Professor, IALS Legal Records at Risk A strategy for safeguarding our legal heritage Clare Cowling Associate Research Fellow, IALS and Director, Legal Records at Risk project 2019 First published 2019 © Clare Cowling and contributors, 2019 ISBN 978-1-911507-14-7 (paperback edition) ISBN 978-1-911507-15-4 (PDF edition) DOI: 10.14296/919.9781911507154 University of London Press Institute of Advanced Legal Studies Charles Clore House 17 Russell Square London WC1B 5DR Email: [email protected] This book is published under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International (CC-BY-NC-ND 4.0) license. More information regarding CC licenses is available at https://creativecommons.org/ licenses/ Available to download free or to purchase at https://www.sas.ac.uk/publications Any third-party material in this book is published under the book’s Creative Commons license unless indicated otherwise in the credit line to the material.
    [Show full text]
  • The Student's Guide to the Leading Law Firms And
    2021 The student’s guide to the leading law firms and sets in the UK e-Edition chambers-student.com Connect with us on cbaK Travers Smith is everything you could want from a law firm. First-rate training and market-leading work alongside some of the City’s finest lawyers. Prestigious clients. The opportunity to progress. And all in a supportive, non-hierarchical and inclusive environment. www.traverssmith.com 10 Snow Hill, London EC1A 2AL +44 (0) 20 7295 3000 The Bar A career at the Bar: a preliminary warning p.631 Pupillage and tenancy p.633 Getting Bar ready p.635 Pupillage applications and interviews p.637 Mini-pupillages p.640 The Inns of Court p.643 The Inns of Court p.645 The civil courts of England and Wales p.646 The Chancery Bar p.647 The Commercial Bar p.649 The Common Law Bar p.650 The Criminal Bar p.651 The Employment Bar p.652 The Family Bar p.654 Public law at the Bar p.656 chambersstudent.co.uk A career at the Bar: a preliminary warning A career at the Bar: a preliminary warning The prestige, the power, the nail-biting courtroom drama, the intellectual tussle, the silly wigs: it’s easy to see how joining this profession is quite so competitive. Landing a pupillage (the Bar’s version of a training con- that in the wake of Covid-19, pupillage numbers are likely tract) is, as one pupil we spoke to put it, “a strenuous and to fall to even lower numbers.
    [Show full text]
  • Costs Lawyer
    LawyerJULY/AUGUST 2014 | ISSUE 4 Costswww.costslawyer.co.uk Opportunity knocks A new profession takes shape Practice rights ACL faces down ‘malevolent’ threats Transferring CFAs Assignments versus novations explained Changing times New CPR 3.8 analysed ACL conference Manchester Friday 24 October Hilton Manchester Deansgate SAVE THE DATE Confirmed speakers include: ■ Costs Judge Master Leonard ■ Alexander Hutton QC Hailsham Chambers ■ Regional Costs Judge Besford North Eastern Circuit ■ Jonathan Dingle London School of Mediation Confirmed topics include: ■ New model form bill of costs – latest developments ■ The new guideline hourly rates – implications for costs lawyers ■ ADR and mediation ■ The latest legal developments For more information, ■ The future of the costs lawyer profession please email Diane Pattenden ■ Panel discussion at [email protected] or call the ACL office on0203 174 0967 03 CostsLawyer Editor ’s comment JULY/AUGUST 2014 | ISSUE 4 y first two of Costs Lawyer. Our cover story examines Editor Richard Parnham months as editor the ACL’s recently refreshed qualification, [email protected] Mof Costs Lawyer and highlights its new focus on issues such have been a whirlwind of as advanced civil procedure and business activity. In my first week, management. Useful insights are also provided Chairman I was privileged to meet in our final Annual Conference report beginning Sue Nash Vice Chairman a large cross section on page 30, which explores the possible future Position vacant of the profession at the career
    [Show full text]
  • Annex 1 CLCA: Part 1 Statement of Legal Knowledge Core Legal Principles
    DRAFT Annex 1 CLCA: Part 1 Statement of legal knowledge Core legal principles This statement sets out the legal knowledge of core legal principles expected of a Costs Lawyer at the point of qualification. 1. THE LEGAL SYSTEM OF ENGLAND & WALES 1(a) The main legal professions Barrister under the Legal Services Solicitor Act 2007 & their Chartered Legal Executive authorised rights Costs Lawyer Conveyancer Trade Mark Attorney Patent Attorney Notary 1(b) The principles of the The Crown & Parliament British constitution Central government Devolved institutions 1(c) Legislation Nature, status & procedure on passing: Primary legislation Delegated legislation 1(d) Privy Council Role 1(e) Law The rule of law Classifications Human Rights Act 1998 1(f) Sources of law Statute Case law European context 1(g) The judiciary Role History Judicial independence 1(h) Rules of interpretation 1(i) Doctrine of precedent Judicial precedent The hierarchy of the courts 1(j) Civil courts Hierarchy, jurisdiction, structure & function: Tribunals County court Family court High court Court of appeal Supreme court 1(k) Criminal courts Hierarchy, jurisdiction, structure & function: Magistrates court Crown court 1(l) Basic principles of criminal Actus Reus (conduct): law Act Omissions Consequences Surrounding circumstances Mens Rea (state of mind): Consequences Intentions Recklessness Gross negligence 1(m) Court of Protection Function Relationship with Public Guardianship Office 1(n) Arbitration Uses of arbitration 1(o) Tribunals Forms of tribunal 1(p)
    [Show full text]
  • Alternative Careers for Law Graduates
    Alternative Careers for Law Graduates Career options, within and outside the legal sector, for law graduates not planning to qualify as a solicitor or barrister ? ? 6th edition, June 2017 Alternative Careers for Law Graduates Contents: Page Introduction 3 Reasons for considering alternatives to law 3 Skills gained through studying law 4 Short-term alternatives 4 Opportunities in the legal field or using law directly: Chartered Legal Executive Lawyer 5 Paralegal 6 Barristers' Clerk 6 The Law Commission 6 The Crown Prosecution Service 6 Licensed Conveyancer 7 Costs Lawyer 8 Legal Secretary/PA 8 Legal Publishing 9 Legal Information Work 10 Tax Work 11 Company Secretary 12 Trade Mark Attorney 13 Teaching 14 Community and Advisory Work 15 Law Enforcement and Criminal Justice 15 Careers where a legal knowledge is useful: Human Resource Management and Recruitment 16 Public Sector Management 16 The European Institutions 17 Insurance 17 Compliance 18 Contracts Management and Procurement 18 Journalism 19 Voluntary Organisations 19 Other career options 20 Postgraduate study 21 Frequently-asked questions 22 What next? 23 The Careers and Employability Service 23 Further information and resources 24 2 Introduction This booklet is for law students who: do not plan to go on to qualification as a solicitor or barrister or plan to take some time out to gain useful experience before continuing into professional legal study or just want to know all the options open to law graduates before making a career decision It aims to help you develop your awareness of career options and provide ideas for, and information about, career areas outside and beyond the legal profession.
    [Show full text]
  • Regulation of the Legal Profession in the UK (England and Wales): Overview by Suzanne Rab, Serle Court Chambers
    Regulation of the legal profession in the UK (England and..., Practical Law Country... Regulation of the legal profession in the UK (England and Wales): overview by Suzanne Rab, Serle Court Chambers Country Q&A | Law stated as at 01-Nov-2019 | England, Wales A Q&A guide to the regulation of the legal profession in the UK (England and Wales). The Q&A gives a high level overview of the key practical issues including required qualifications for both domestic and foreign legal professionals working in a jurisdiction; common legal professional structures; national regulators, legal professional insurance and client protection; confidentiality and legal professional privilege; legal fees and fee regulation; client money; and notaries. To compare answers across multiple jurisdictions, visit the Regulation of the legal profession Country Q&A tool. The Q&A is part of the global guide to legal systems. For a full list of jurisdictional Q&As visit global.practicallaw.com/legalprofession-guide. Introduction to the regulatory framework On 23 June 2016, a referendum took place and the people of the UK voted to leave the European Union (EU). On 29 March 2017, the UK Prime Minister served notice of the UK's intention to withdraw from the EU pursuant to Article 50 of the Treaty on the Functioning of the European Union (TFEU), officially triggering a process known as "Brexit". The date for the UK's withdrawal from the EU (and from which all existing EU Treaty obligations would cease to apply to the UK (exit day)) is not certain at the time of writing. Until then, the UK remains subject to its EU law obligations.
    [Show full text]
  • The Challenges Facing Legal Services Education in the 21St Century: a Case for Collaboration and Conversation?
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Nottingham Trent Institutional Repository (IRep) The challenges facing legal services education in the 21st Century: a case for collaboration and conversation? Jane Ching1 1 Introduction The genesis of this article is a legal education conference held in Turkey in May 2014, hosted by Atlanta’s John Marshall Law School, Bahçeşehir University and the Turkish Bar Association. As the lone British participant, I was struck by the extent to which all of us were responding, in different ways in our different jurisdictions, to similar crises in and affecting legal education. These crises transcend both the civil and common law dichotomy and the variations between the structures in which pre-qualification education for those intending to provide legal services (“legal services education and training”: LSET2) is delivered. Indeed, in this article it will be my thesis that response to these crises could bring those models closer together. I do, however, apologise to my hosts if this article inadvertently contains any errors about their legal education models, in Turkey or in any part of the USA. 2 The components of a legal services education There is a tendency to focus on the obvious differences between legal education structures, and to argue whether a law degree should be postgraduate or undergraduate, or about the relative contribution of the academy and practitioners to the support and development of young lawyers. In some jurisdictions, including my own, there is an ongoing debate about the role of a university legal education as liberal arts study, or as a preparation for the practice of law.
    [Show full text]