In case anybody hadn't realised, the LPC is essentially pretty artificial. Makes sense really - I mean, you can't really simulate real law firm conditions all the time and by default some of it has to be adapted.
Let's take a Legal Research assessment. You get given a question, you go off an research it. In practice, this is something a trainee solicitor is very likely to do, so it makes perfect sense it is assessed on the LPC.
However, there is something inherently artificial about this situation. In practice, if you have any questions about what is required, you will trot off to your supervisor and ask them kindly to ring up the client for clarification. This is not an option in Law School.
So you could theoretically fail this skill that is required from a lawyer, not because you cannot do the research, but because you don't have a supervisor or client to tell you what it is they really want you to answer.
Way to teach real lawyering skills.
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5 comments:
I thought legal research assessment wasn't so much assessed on whether you found the "right" answer but on your presentation of your findings.
anyhoo i can assure you that in practice it is never as easy as asking your supervisor for more info. they might not want to be bothered, they might not care, the question might be nothing to do with client instrux but just something they want to know etc etc. so actually - it is quite realistic!
Good point Susie. I went through exactly the same thought (and frustration) process earlier this term when I had the first legal research assignment to complete. The lecturers are always banging on about the course's artificiality but seem reluctant to do even the smallest thing to reduce its effect. Just part of the 'accepted LPC culture' I guess.
I'd say that the Legal Research was probably the least unrealistic part of the LPC, with the exception of the extraordinary amount of time you get to do it. Anonymous is right, except think 'later that day' rather than days or weeks to respond!
We have to do PLR on BVC too, and I'm not so fond of it. Especially when they make us use paper sources and write tediously long research trails!
I guess what you need to do it present that alternatives - "if Mr Bloggs can onfirm (x) then ...., however if this is not the case then....
You should get credit for having identified where you will neeed further inforamtion.
In prcticae, of course, you will find that you have carefully researched your response based on all of the information and then the client at the last minute will inform you that actually, he 'made a mistake' and the facts are quite different, or that he didn';t tell you something becasue 'it didn't seem important', despite all yyour questions, so lack of full information is actually fairly reslistic!
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