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ICCA BPTC Phase 2
Phase 2 will be taught predominantly in a traditional classroom setting with a high prevalence of blended learning.
M1 Advocacy - Examination-in-chief
M2 Advocacy - Cross-examination
M3 Advocacy - Civil Advocacy
M4 Opinion Writing
M5 Drafting
M6 Conference
M7 Ethics - taught and assessed purely online
For each Module, there will be overarching Learning Outcomes and Assessment Criteria. All the Assessment Criteria documents will be uploaded for students at the outset of the course on the VLE. They will be colour coded as above. Every Module apart from Ethics will be taught face-to-face with work set in advance of each session via the VLE. Some subjects will involve more use of the online platform than others. The course has been designed to straddle a 20-week attendance with 17 weeks teaching, 1 week holiday and 2 weeks revision.1 There are 7 discrete Modules: M1. Examination-in-chief M2. Cross-examination M3. Civil Advocacy M4. Opinion Writing
1 This may change in the 2nd cycle subject to BSB exam dates
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M5. Drafting M6. Conference M7. Ethics - taught and assessed purely online
Overarching BPTC Phase 2 learning outcome: 1. In relation to the skill of examination-in-chief, demonstrate an ability to elicit
information from a witness in a non-leading and coherent manner, taking account of all the relevant factual, legal and procedural considerations.
2. In relation to the skill of cross-examination, demonstrate an ability to advance
your case and undermine the credibility of your opponent's case by constructing a series of appropriately leading questions, presented in an effective manner, taking account of all the relevant, factual, legal and procedural considerations.
3. In relation to the skill of civil advocacy, present coherent, comprehensive and
persuasive submissions in a timely fashion to a civil tribunal, supported by a well-constructed skeleton argument, based on accurate identification of all the relevant factual, legal and procedural considerations.
4. In relation to the skill of opinion writing, identify and address relevant client needs
and objectives by writing an accurate, comprehensive, practical and professional opinion, demonstrating thorough planning, legal, procedural and factual research.
5. In relation to the skill of conferencing, demonstrate an understanding of the
relevant theoretical and practical skills, including associated issues of client-care and professional ethics by conducting a client conference.
7.
Phase 2 Modules will attract the following weightings, credits and hours:
PHASE MODULE PERCENTAGE CREDITS HOURS
1 M1 Civil Litigation 15% 18 2 180
1 M2 Criminal Litigation 15% 18 180
2 Criminal and Civil Litigation may change to 20 credits each
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2 M1, M2, M3 Advocacy
M1 EIC
M2 XX
M3 CIV ADV
35%
12
12
11
42
14
14
14
420
140
140
140
2 M4 OPW 10% 12 120
2 M5 Drafting 10% 12 120
2 M6 Conference 10% 12 120
2 M7 Ethics 5% 6 60
2 Extra-curricular 0 0 0
100 120 1200
In the event that a partner institution needs credits to be rounded up to 10, the allocation of credits will be as follows:
PHASE MODULE PERCENTAGE CREDITS HOURS
1 M1 Civil Litigation 17.5% 20 200
1 M2 Criminal Litigation 17.5% 20 200
2 M1, M2, M3 Advocacy
M1 EIC
M2 XX
M3 CIV ADV
35%
12
12
11
40
14
14
12
400
140
140
120
2 M4 OPW 7.5% 10 100
2 M5 Drafting 7.5% 10 100
2 M6 Conference 7.5% 10 100
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2 M7 Ethics 7.5% 10 100
2 Extra-curricular 0 0 0
100 120 1200
M1 - EXAMINATION-IN CHIEF UNITS TOPICS
M1 - EXAMINATION IN CHIEF Learning outcomes ● In relation to the skill of examination-in-chief, demonstrate an ability to elicit
information from a witness in a non-leading and coherent manner, taking account of all the relevant factual, legal and procedural considerations.
●
●
EIC ASSESSMENT CRITERIA - mapped to BSB CAS January 2019
SUBJECT TOPICS PROVISIONAL MARK
Questioning technique 30%
1. Uses appropriate question type throughout;
2. Responds appropriately to witness’ answers;
3. Deals appropriately and accurately with procedural matters
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Communication & delivery 20%
1. Speak to the witness at an appropriate volume;
2. Speak clearly and fluently;
3. Adopt an appropriate tone;
4. Adopt an appropriate manner;
5. Adopt an appropriate pace;
6. Use language which enables the witness to engage and participate properly and fairly in the process;
7. Maintain appropriate eye contact;
8. Avoid over-reliance upon on notes unless posing questions that have been approved in advance;
9. Listen carefully to the answers from the witness allowing sufficient time for the witness to process the question.
Structure 10% 1. Take points in a clear, logical order depending on the nature of the case;
2. Use the time allowed effectively and efficiently;
3. Give appropriate
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weight to issues avoiding the need to rush
Content 40% 1. Demonstrate a clear understanding of the issues of the case and elicit information accordingly
2. Establish a clear and rational case theory;
3. Advance case by asking questions in line with case theory
4. Act within instructions;
5. Allow sufficient time for the witness time to give their evidence
6. Seek relevant and admissible evidence
7. Take steps to avoid inadmissible evidence
8. Take steps to insulate’ the witness in anticipation of cross-examination where appropriate
M2 - CROSS-EXAMINATION
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UNITS TOPICS
M2 - CROSS-EXAMINATION Learning outcomes ● In relation to the skill of cross-examination, demonstrate an ability to
advance your case and undermine the credibility of your opponent's case by constructing a series of appropriately leading questions, presented in an effective manner, taking account of all the relevant, factual, legal and procedural considerations.
XX ASSESSMENT CRITERIA - mapped to the BSB CAS January 2019
SUBJECT TOPICS PROVISIONAL MARK
Questioning technique 30%
1. Use appropriate question types throughout;
2. Respond appropriately to witness’ answers;
3. Where relevant, use notes, exhibits, maps, plans appropriately;
4. Reach conclusions.
Communication & delivery 20%
1. Speak to the witness at an appropriate volume;
2. Speak clearly and fluently;
3. Adopt an appropriate tone;
4. Adopt an appropriate manner;
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5. Adopt an appropriate pace;
6. Use language which enables the witness to engage and participate properly and fairly in the process;
7. Maintain appropriate eye contact;
8. Avoid over-reliance upon on notes unless posing questions that have been approved in advance;
9. Listen carefully to the answers from the witness.
Structure 10% 1. Take points in a clear, logical order depending on the nature of the case;
2. Use the time allowed effectively and efficiently;
3. Give appropriate weight to issues avoiding the need to rush
Undermining credibility of witness 20%
1. Identify and challenge any weaknesses identified through thorough case analysis;
2. Deal with inconsistencies, where relevant;
3. Make effective use of
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any contradictory materials.
Putting and advancing the case 20%
1. Understand and put case efficiently, accurately and comprehensively;
2. Advance case in line with the case theory
3. Challenge disputed evidence where necessary;
4. Elicit useful information from the witness where appropriate
5. Act in accordance with professional instructions.
M3 - CIVIL ADVOCACY UNITS TOPICS
M3 - CIVIL ADVOCACY- Learning outcome ● In relation to the skill of civil advocacy, present coherent, comprehensive and
persuasive submissions in a timely fashion to a civil tribunal, supported by a well-constructed skeleton argument, based on accurate identification of all
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the relevant factual, legal and procedural considerations.
CIVIL ADVOCACY - SUBMISSIONS ASSESSMENT CRITERIA - mapped to the BSB CAS January 2019
SUBJECT TOPICS PROVISIONAL MARK
Content of skeleton argument 20%
Identifies relevant issues of law and fact and makes clear to the court how they want them to be decided Sets out a sustainable argument on each issue Cross-refers to the evidence
Structure of skeleton argument 10%
Written in clear grammatical English Is concise and accurate Complies with appropriate formalities
Content and persuasiveness of oral performance 30%
o ·
Deals with judicial intervention
o
Appropriate use of skeleton argument and other documents
Structure of oral
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performance 20% Follows a clear, logical order Uses time effectively Gives appropriate weight to issues Appropriate use of signposting
Delivery 20%
o
Appropriate volume
o
Appropriate tone
o
Appropriate manner
o
Appropriate pace
o
Appropriate language
o Speaking clearly/fluently
o Eye contact
o Not over-reliant on notes
Communication & delivery 20%
10. Speak to the witness at an appropriate volume;
11. Speak clearly and fluently;
12. Adopt an appropriate
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tone; 13. Adopt an appropriate
manner; 14. Adopt an appropriate
pace; 15. Use language which
enables the witness to engage and participate properly and fairly in the process;
16. Maintain appropriate eye contact;
17. Avoid over-reliance upon on notes unless posing questions that have been approved in advance;
18. Listen carefully to the answers from the witness.
Structure 10% 4. Take points in a clear, logical order depending on the nature of the case;
5. Use the time allowed effectively and efficiently;
6. Give appropriate weight to issues avoiding the need to rush
Undermining credibility of witness 20%
4. Identify and challenge any weaknesses identified through thorough case analysis;
5. Deal with
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inconsistencies, where relevant;
6. Make effective use of any contradictory materials.
Putting and advancing the case 20%
6. Understand and put case efficiently, accurately and comprehensively;
7. Advance case in line with the case theory
8. Challenge disputed evidence where necessary;
9. Elicit useful information from the witness where appropriate
10. Act in accordance with professional instructions.
· ·
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M4 - OPINION WRITING 8 UNITS, 1 Formative (mock) assessment, 1 Summative assessment
MODULE UNIT TOPICS FORMAT
M4 U1 - Case analysis Identification of issues, assessment of evidence, legal research & parties
Factual analysis Planning Sifting Helpful & unhelpful evidence Chronology Further information Legal research Identification of issues, parties, needs & objectives Case theory Procedural issues
M4 U2 - Foundation basics
Language Grammar Syntax
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Structure, style, layout, headings grammar, syntax, punctuation & professional prose
Punctuation Online language assessment Professional writing Prose Journalism Not essay writing
M4 U3 -Criminal advice Criminal advice on evidence, the admission of bad character & Vye directions on good character
Case study? - existing or new?
S. 101(d) Criminal Justice Act 2003: it is relevant to an important matter in issue between the defendant and the prosecution, which includes:whether the defendant has a propensity to commit offences of the kind with which he is charged, except where such propensity makes it no more likely that he is guilty of the offence(section 103(1)(a) Criminal Justice Act 2003); whether the defendant has a propensity to be untruthful, except where it is not suggested that the defendant's case is untruthful in any respect (section 103(1)(b) Criminal Justice Act 2003)
M4 U4 - Civil advice (1) Contractual dispute leading to injunctive relief and summary judgment
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M4 U5 - Civil advice (2) RTA case -quantum including RFI and expert opinion
M4 U6 - Civil advice (3) Limitation
M4 U7 - Civil advice (4) TOLATA - Part 7, Part 8, Part 36, dead mother donated funds, foreign nationals
M4 U8 - Civil advice (5) Liability, trespass, nuisance, damages - cow case?
M4 FORMATIVE ASSESSMENT Written assessment - take and do Civil procedure, liability, damages protocols etc.
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Assessment Criteria set and distributed
M4 - OPINION WRITING Learning outcomes
● Identify and address the relevant client needs and objectives by writing an accurate, comprehensive and practical opinion to the appropriate party or parties;
Within the body of the written opinion: ● demonstrate a thorough grasp of all the material facts and evidential
issues ● correctly apply an acute understanding of the relevant law and
procedure; ● where necessary, identify and request relevant further information
and/or evidence; ● where appropriate, in a civil context, give practical and realistic advice
on the need for expert evidence, quantum of damages, and any limitation aspects;
● Be able to provide practical advice to the correctly identified client throughout, including any procedural steps to be taken, compliance with any pre-action or other protocols, necessary to take the matter forward;
● Where appropriate, demonstrate an awareness of the ethical considerations associated with the provision of providing legal advice to a client;
● produce a written opinion which is correct in terms of grammar, syntax, punctuation, which is logical, well-planned and structured and which demonstrates a clear mastery of the English language.
CURRENT BSB HANDBOOK 2017/18 DETAIL Description/Rationale:
The aim of this part of the course is to develop the student’s skill in opinion writing; that is, providing written advice to the instructing solicitor and lay client. Providing
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written advice in the forms of opinions is an important part of professional activity. Opinions must be practical, reliable, clear and well-presented.
Aims and Objectives: The unit aims to:
● take students from the academic sphere (in which legal essays are expected to discuss legal principles and difficulties with some depth of research) into the professional sphere in which they hope to prosper in competition with other skilled professionals, in assisting clients with particular legal problems develop students’ skill by teaching them:
I. that they must understand the client’s problem and do their best
(subject always to ethical considerations) to provide a practical solution to the problem
II. that they must understand the facts, distinguishing between those which
are undisputed and those which are likely to be in dispute, and distinguishing the relevant from the irrelevant (a process which interacts with analysis of the applicable law)
III. they must have a sound knowledge of the applicable law, analysing the
problem so as to give reliable and realistic advice on its solution
IV. their advice must be clear, practical and as definite as possible in giving written advice they must eliminate mistakes in spelling and grammar, cultivate a clear and concise prose style, and present the opinion in a professional format.
● enable students to identify clients’ needs through a thorough grasp of the facts,
the law and the relevant procedures
● develop in students the skill of analytical reasoning. Intended Learning Outcomes: By the end of this unit the student will be able to:
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● identify and address the needs and objectives of the client and seek (subject always to ethical considerations) to provide a practical solution to the client's problems
● accurately identify and show a thorough grasp of all the material facts, the relevant law, the real issues, the relevant procedure, parties and evidence, distinguishing one issue from another; and asking
● identify and ask for further information/evidence, when necessary ● give clear, sound, practical advice on the matters raised in the instructions and
advise on any practical steps to be taken ● where appropriate, advise on the need for expert evidence, on quantum of
damages, and on any limitation aspects ● and generally give realistic and practical advice as to steps to be taken,
including further inquiries or investigations, compliance with pre-action protocols, and other protocols necessary to take the matter forward.
In addition, opinions must:
● cover everything that needs to be covered, be fully reasoned and follow a clear line of reasoning
● answer all questions put in instructions ● use a clear and appropriate structure, dealing with each issue in a logical order
and separating issues into paragraphs in a sensible way, dealing with one issue at a time and giving each its due weight and significance
● be signed and dated, properly headed and laid out, making sensible use of subheadings where appropriate, and written in a style appropriate to an Opinion
● be in clear grammatical English, correctly spelt, appropriately punctuated and written fluently and concisely in appropriate language
● follow a logical order, distinguishing between different topics with appropriate subheadings
● be as short as is consistent with advising properly on all aspects of the matter. Teaching & Learning Strategies: Knowledge and understanding gained in Civil and Criminal areas should be utilised for opinion writing as well as their being taught as a discrete subject. Assessment: Assessment must consist, as a minimum, of one formal unseen time-constrained invigilated examination (where ‘open book’ materials may be used as specified in advance).
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From Academic Year 2013-14, candidates may be provided with an option to undertake their Opinion Writing and Drafting assessments on computers, as long as security requirements are met and a policy is in place to deal with issues in the event of software failure. In addition, at least five opinions covering a broad range of scenarios should be undertaken by students as formative exercises. Each exercise must require the application of legal research and legal knowledge, and on each of the six occasions, the student must receive individual feedback from the tutor. Poor English, grammar and syntax must be penalised. Indicative Content/Teaching schedule: Overview
● needs and objectives of the client; solution of the client's problems ● identification of material facts, relevant law, real issues, relevant procedure
and evidence; - distinction between issues ● specialised language and grammar ● headings, subheadings, layout and style; lines of reasoning ● structure, order, weight and significance; conciseness and length ● practical approach, as opposed to academic discussion of the law ● addressing questions expressly or implicitly raised in the instructions by
expressing clear conclusions where appropriate, alternatively explaining why there can be no clear conclusions
● explanation of legal and factual alternatives, and setting out of conclusions, with full advice
● identifying the need for relevant further information/evidence, explaining where appropriate why the further information is needed
● providing clear, identifiable, appropriate, sound, practical advice on the matters raised in the instructions.
Reading/Reference List: Providers should draw on a balanced selection of student text books dealing with opinion writing which are currently available.
Mapping to the Professional Statement/core duties Legal knowledge, skills and attributes
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1.1 Uphold the reputation of the Bar and observe their duty to the court in the administration of justice.
1.2 Have a knowledge and understanding of the key concepts and principles of public and private law.
1.3 Have a knowledge and understanding of the law and procedure relevant to their area(s) of practice.
1.4 Have an awareness of the wide range of other organisations supporting the administration of justice.
1.5 Apply effective analytical and evaluative skills to their work.
1.6 Provide clear, concise and accurate advice in writing and orally and take responsibility for it.
1.7 Negotiate effectively.
Practical knowledge, skills and attributes
1.8 Exercise good English language skills.
1.9 Exercise good communication skills, through any appropriate medium and with any audience as required in their work.
1.1 Make sound judgements in their work.
1.11 Ensure they are fully prepared.
1.12 Employ effective research skills.
2 Personal values and standards
Values, characteristics and behaviours
Barristers will:
2.2 Be honest in their dealings with others.
2.3 Be aware and active in the pursuit of equality and respect for diversity, not tolerating unlawful discrimination, in themselves or others.
2.4 Ensure their work does not incur unnecessary fees.
2.5 Adopt a reflective approach to their work, enabling them to correct errors and admit if they have made mistakes.
2.6 Ensure they practise with adaptability and flexibility, by being self-aware and self-directed, recognising and acting upon the continual need to maintain and develop their knowledge and skills
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3 Working with others
3.1 Understand and exercise their duty to act in the best interests of their client.
3.3 Respond appropriately to those from diverse backgrounds and to the needs and sensitivities created by individual circumstances.
3.4 Treat all people with respect and courtesy, regardless of their background or circumstances.
3.5 Where appropriate, keep clients, whether lay or professional, informed of case progress in a clear and timely manner and manage their expectations.
M4 ASSESSMENT CRITERIA - mapped to BSB Assessment criteria in CAS January 2019
Student Name and ID
BPTC M4 OPINION WRITING ASSESSMENT CRITERIA - MARK SHEET
SUBJECT TOPICS Provisional Mark
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LANGUAGE 10%
1. Produce a written opinion which is grammatically correct throughout;
2. Produce a written opinion which demonstrates an excellent use and practice of syntax and punctuation;
3. Write an opinion which clearly demonstrates an excellent command of English;
4. Demonstrate an ability to write in a concise fashion and in professional prose.
STRUCTURE 10%
1. Write an opinion within the given timeframe which is logical and well-planned;
2. Produce an opinion which is well-structured and well laid out, using headings and subheadings where necessary
3. Produce an opinion which flows, which has a discernible beginning, middle and end and which reaches a definitive conclusion on the information provided.
4. Produce an opinion which is neatly laid out, signed and dated.
ISSUES LAW AND FACTS 30% Provide practical advice on any procedural steps to be taken, any compliance with any pre-action or other protocols which may be
1. Identify the relevant law, facts
and issues, correctly identifying the party or parties, their needs and objectives
2. Demonstrate a thorough understanding of the relevant areas of law and procedure omitting irrelevant matters
3. Demonstrate a sound understanding and application of the relevant law to the
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relevant facts giving each issue due weight and significance
4. Set out a concise and accurate analysis of the factual situation, identifying relevant issues and evidential pros and cons
CONCLUSIONS AND REASONING 30%
1. Provide practical,
comprehensive and and realistic advice on all of the issues raised in the instructions;
2. Reach a clear overall conclusion based on all relevant issues which should be covered in the body of the opinion;
3. Explain, where necessary, why a definitive conclusion cannot be reached
4. Support all conclusions by appropriate reasoning
ADVICE ON EVIDENCE, PROCEDURE AND PRACTICAL MATTERS 20%
1. Identify relevant areas where
further information and/or evidence may be necessary and explain why;
2. Where applicable, identify and address any requirements for expert evidence, quantum and any limitation issues;
3. Show a practical understanding of where, how, why and from
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whom further information may be obtained;
4. Clearly identify and advise on any practical and procedural steps;
5. Demonstrate an awareness of the ethical considerations associated with the provision of providing legal advice to a client
5. Identify any ethical areas of concern or conflict and deal with them accordingly applying knowledge of the Code of Conduct
First Marker comments
FM Marks
Second Marker/Moderator Comments
SM Marks
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FINAL OUTCOME
FINAL Marks
Name Signature Date
1st Marker
2nd Marker/Moderator
3rd Marker
External Examiner
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M4 ASSESSMENT CRITERIA
BPTC M4 OPINION WRITING ASSESSMENT CRITERIA - Student copy
SUBJECT TOPICS
CONTENT 60%
1. Correctly identify the party or parties, their needs and objectives
2. Set out a concise and accurate analysis of the factual situation, identifying relevant issues and evidential pros and cons
3. Demonstrate a thorough understanding of the relevant areas of law and procedure;
4. Identify relevant areas where further information and/or evidence may be necessary and explain why;
5. Provide practical, comprehensive and and realistic advice on all of the issues raised in the instructions;
6. Where applicable, identify and address any
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requirements for expert evidence, quantum and any limitation issues;
7. Provide practical advice on any procedural steps to be taken, any compliance with any pre-action or other protocols which may be necessary to take the matter forward;
8. Apply relevant knowledge of civil litigation, evidence and remedies to the given problem scenario
PRESENTATION 20%
1. Produce a written opinion which is grammatically correct throughout;
2. Produce a written opinion which demonstrates an excellent use and practice of syntax and punctuation;
3. Write an opinion which clearly demonstrates an excellent command of English;
4. Demonstrate an ability to write in a concise fashion and in professional prose;
5. Provide an opinion which is dated, paginated and which contains appropriate legal headings
STRUCTURE 15%
1. Write an opinion within the given timeframe which is logical and well-planned;
2. Produce an opinion which is well-structured and well laid out, using headings and subheadings where necessary
3. Produce an opinion which flows, which has a discernible beginning, middle and end and which reaches a definitive conclusion on the information provided.
PROFESSIONALISM 5%
1. Demonstrate an awareness of the ethical considerations associated with the provision of providing legal advice to a client
2. Identify any ethical areas of concern or conflict and deal with them accordingly
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applying knowledge of the Code of Conduct
M5 - DRAFTING UNITS TOPICS
M5 - DRAFTING Learning outcomes ●
M6 - CONFERENCE 8 UNITS, 1 Formative (mock) assessment, 1 Summative assessment
MODULE UNIT TOPICS FORMAT
M6 U1 - Soft skills
Communication Language Listening Emotional intelligence Facilitation Persuasion Critical thinking
Plenary - small groups, limited role-play Watch film in advance
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Time management Creativity Flexibility Conflict management
Complete survey
M6 U2 - Foundation basics
Case analysis Information gathering Agenda setting Objective identification Ethical considerations Scene setting Evidential ambiguity & further information requests
Plenary - small groups, limited role play Watch film in advance
M6 U3 -Advising
Case analysis Context Scope Subject matter expertise Evidence Advising
Plenary - groups of 6 - more role play
M6 U4 - Pre-trial conference
Allocation - section 122(2) of the Coroners and Justice Act 2009
Groups of 6 TUTOR OBSERVED (1)
M6 U5 -Pre-trial conference in Chambers
Bail, evidential issues, ethical issues, conflicting evidence , missing evidence,
Groups of 6 TUTOR OBSERVED (2)
M6 U6 - Pre-trial conference at court
Plea, sentence, mitigation, emotional/disabled client/
Groups of 6 TUTOR OBSERVED (3)
M6 U7 - Civil Conference
Civil case/opinion advice/evidence/quantum/RFI/ discovery
Within context of trial weeks
M6 U8 - Criminal Conference
Criminal case/evidence, strength & weakness/outcomes/plea/ discount/bail/sentence
Within context of trial weeks
M6 FORMATIVE Criminal conference TUTOR OBSERVED
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ASSESSMENT 1 oral assessment set by ICCA 20-25 minutes in length, timed Assessment Criteria set and distributed
potential assessment areas: Evidence pre-trial review Bail hearing Plea/ allocation Plea in mitigation material Sentencing
(4) Individual feedback scheduled after the event. Playback facilities Recommendations for improvement Opportunities for practice
M6 - CONFERENCE Learning outcomes 1. Demonstrate a knowledge and understanding of the theory underpinning
effective conference skills in a legal context by conducting a comprehensive client conference in a criminal context.
Within the conference: 2. employ a range of appropriate ‘soft-skills’ demonstrating sensitivity towards
issues relating to client-care. 3. analyse and prioritise information and appropriately manage the available
time. 4. employ a range of questioning techniques in order to elicit relevant
information and advise the client in a way which is readily understood. 5. demonstrate a clear understanding of the facts and any legal and procedural
issues in order to accurately and comprehensively advise a client in conference.
6. recommend any appropriate course or courses of action based on sound analysis and preparation.
7. demonstrate an acute understanding of any associated ethical considerations.
CURRENT BSB HANDBOOK 2017/18 DETAIL: Conference Skills Description/Rationale:
The aim of this part of the course is to provide students with knowledge and an
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understanding of the theory underpinning the application of the skills of a conference, making them sensitive to issues of client care, and emphasising the importance of an associated awareness of professional ethics.
Aims and Objectives (knowledge and skills): This section/unit seeks to:
● provide students with knowledge and understanding of the theory underpinning the application of the skills of a conference
● make students sensitive to issues of client care ● make students aware of professional ethics, equality and conduct issues that
may arise within the context of a conference (including issues such as reasonable adjustments etc.)
Intended Learning Outcomes: By the end of this unit the student will be able to:
1. Demonstrate an understanding of the objectives of a conference and the factual, legal, procedural and evidential issues that should be raised in a conference
2. Conduct the conference in a structured and efficient way, follow an agenda as far as possible and cover all relevant issues in a logical sequence
3. Communicate effectively with the client and advise the client as appropriate. Teaching & Learning Strategies:
● Students must be given the opportunity to practise conducting a conference on at least four occasions across a broad range of scenarios involving lay and professional clients.
● Each of the four conferences must be observed by a tutor and the tutor must
provide feedback to the student.
● Each conference should, wherever possible, be video/DVD recorded. Following each conference exercise, students should be offered the opportunity to reflect on the conduct of the exercise and to review their own performance, including how, with hindsight, they might have done it differently.
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● There should, if possible, be participation by members of the public, as ‘clients’ or observers to provide additional feedback.
Assessment: There must be a minimum of one formal oral assessment, although additional formative assessment should be utilised, as indicated above (i.e., at least three additional ‘formative only’ opportunities). Indicative Content/Teaching schedule: 1. General Conference skills
● demonstrating an understanding of the objectives of a conference; ● demonstrating an understanding of the factual, legal, procedural and
evidential issues that should be raised in a conference; ● conducting the conference in a structured and efficient way, following an
agenda as far as possible and covering all relevant issues in a logical sequence; communicating effectively with the client and responding appropriately to the client's concerns and questions by putting the client at ease and using appropriate language;
● advising the client appropriately by explaining the legal, procedural and evidential issues in clear and unambiguous language;
● demonstrating an understanding of the need to observe professional ethics when conducting and concluding a conference.
2. Conducting a Conference with a client
● ensuring the client understands the objectives of the conference; ● listening to what the client says; ● permitting the client to raise concerns; ● listening to the client in a non-judgmental manner, empathising with and
reassuring the client when appropriate; ● clarifying the relevant gaps and any ambiguities; ● selecting and using appropriate questioning techniques; ● eliciting the information required to advise the client; ● demonstrating a clear understanding of the client's account of the case/facts.
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3. Advising
● setting out the strengths and weaknesses of the case; ● advising on the consequences of any course of action taken; ● advising on what further action should be taken; ● ensuring the client understands what has been discussed; ● obtaining the client's full instructions; ● adhering to the instructions; ● avoiding invention/fabrication of facts; ● avoiding misleading the client as to the facts or the law; ● avoiding misleading the client as to the facts or the law; ● explaining fully and frankly when required; ● observation of the rules of professional conduct.
4. Interpersonal skills
● having due regard for the client’s background, together with the impact this might have on their situation and view of their case (and in order to avoid stereotyped assumptions being made);
● possessing and exercising sensitivity to the client’s predicament and state of mind (as caused by anxiety, distress, or anger).
Mapping to the Professional Statement/core duties Legal knowledge, skills and attributes
1.2 Have a knowledge and understanding of the key concepts and principles of public and private law.
1.3 Have a knowledge and understanding of the law and procedure relevant to their area(s) of practice.
1.4 Have an awareness of the wide range of other organisations supporting the administration of justice.
1.5 Apply effective analytical and evaluative skills to their work.
1.6 Provide clear, concise and accurate advice in writing and orally and take responsibility for it.
1.7 Negotiate effectively.
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Practical knowledge, skills and attributes
1.8 Exercise good English language skills.
1.9 Exercise good communication skills, through any appropriate medium and with any audience as required in their work.
1.1 Make sound judgements in their work.
1.11 Ensure they are fully prepared.
1.12 Employ effective research skills.
Professional standards
1.16 Comply with regulatory requirements set down by the Bar Standards Board, including the Code of Conduct.
1.17 Know how to conduct themselves appropriately in court.
1.18 Only accept work which they believe they are competent to undertake
2 Personal values and standards
Values, characteristics and behaviours
Barristers will:
2.1 Act with the utmost integrity and independence at all times, in the interests of justice, representing clients with courage, perseverance and fearlessness.
2.2 Be honest in their dealings with others.
2.3 Be aware and active in the pursuit of equality and respect for diversity, not tolerating unlawful discrimination, in themselves or others.
2.5 Adopt a reflective approach to their work, enabling them to correct errors and admit if they have made mistakes.
2.6 Ensure they practise with adaptability and flexibility, by being self-aware and self-directed, recognising and acting upon the continual need to maintain and develop their knowledge and skills
3 Working with others
3.1 Understand and exercise their duty to act in the best interests of their client.
3.3 Respond appropriately to those from diverse backgrounds and to the needs and sensitivities created by individual circumstances.
3.4 Treat all people with respect and courtesy, regardless of their background or circumstances.
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3.5 Where appropriate, keep clients, whether lay or professional, informed of case progress in a clear and timely manner and manage their expectations.
Mapping to Code of Conduct: CD2, CD3, CD5, Cd6, CD7, CD8, CD10
Reading/Reference List: Bar Manual: Conference Skills (18th ed., 2016) by M Soanes (OUP) ISBN: 9780198766032
M6 ASSESSMENT CRITERIA
Student Name and ID
BPTC M6 CONFERENCE ASSESSMENT CRITERIA - MARK SHEET
SUBJECT TOPICS Provisional
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Mark
PREPARATION 10%
1. Demonstrate an ability to adapt and be flexible
2. Identify the objectives of the conference and understand the correct stage in proceedings and purpose of the assessed conference
3. Identify and demonstrate a sound knowledge of the law, facts, procedure and evidence relevant to the case
4. Identify the issues relevant to the case
INTERACTION AND COMMUNICATION & EMOTIONAL COMPETENCES 20%
1. Use appropriate and clear
language, manner and tone – avoiding jargon
2. Adopt appropriate body language 3. Adopt a non-judgemental
approach 4. listen carefully and actively 5. Take active steps to ensure that
the client understands the advice 6. Use best endeavours to establish a
good rapport with client 7. Demonstrate a combination of
personal attributes that allow harmonious interaction with another person’ -e.g. listening, persuading, facilitating, critical thinking being flexible, adaptable and creative, resourceful, inspiring, able to managing difficult conversations, being confident and courteous
QUESTIONING/ PRESENTATION 20%
1. Use an appropriate questioning technique to elicit all the necessary information
2. Ask appropriate follow-up questions where necessary
3. Demonstrate an appropriate use of prior instructions and avoid asking irrelevant questions
4. Identify and addresses any discrepancies, omissions, gaps
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and/or ambiguities in the case
ADVICE 30% 1. Give accurate, realistic, full clear and appropriate advice
2. Explain the full range of options to client
3. Give advice which demonstrates that instructions were carefully and properly taken
4. Demonstrate sound judgement 5. Provide accurate factual analysis of
the case
STRUCTURE 20%
1. Have a clear and appropriate agenda 2. Manage time efficiently and carefully
allowing for the client to process important information
3. Follow a logical order
4. Guide the conference and the client to a point where reasoned decisions can be made
First Marker comments
FM Marks
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Second Marker/Moderator Comments
SM Marks
FINAL OUTCOME
FINAL Marks
Name Signature Date
1st Marker
2nd Marker/Moderator
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3rd Marker
External Examiner
BPTC M6 CONFERENCE ASSESSMENT CRITERIA - STUDENT COPY
SUBJECT TOPICS
CONTENT 40%
1. Understand the correct stage in proceedings and purpose of the assessed conference
2. Demonstrate a sound knowledge of the relevant law 3. Demonstrate a sound knowledge of relevant procedure 4. Accurately identify the factual issues 5. Demonstrate a clear understanding of the evidential
issues 6. Advise accurately and comprehensively on all factual
issues 7. Advise accurately and comprehensively on all legal and
procedural issues 8. Demonstrate a knowledge and understanding of any
associated ethical considerations
PRESENTATION 25%
1. Demonstrate a sensitivity towards any associated client-care issues
2. Elicit relevant information in an appropriate manner 3. Use language that can be readily understood by the
client 4. Demonstrate a willingness and an ability to listen to the
client 5. Give advice which is accurate and in such a way that the
client can make rational decisions
STRUCTURE 25%
1. Demonstrate preparation and analysis by setting an appropriate agenda
2. Carefully and appropriately manage the time allowed
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for the conference given the particular circumstances 3. Allow time for the client to process important
information 4. Avoid asking questions about irrelevant issues 5. Guide the conference and the client to a point where
reasoned decisions can be made
SOFT SKILLS 10%
● The ‘personal attributes that allow someone to interact harmoniously and effectively with people’ e.g. listening, negotiating, persuading, facilitating, critical thinking being flexible, adaptable and creative, resourceful, inspiring, able to managing difficult conversations, being confident and courteous.
TOPICS
M7 ETHICS - learning outcomes: ● ●
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Assessments All formative and summative internal assessments will be written, peer reviewed and signed off by the External Examiner. The level of scrutiny will be aligned with that for the internal validation processes. There will be formative and summative assessments in each of the 7 Part 2 Modules:
M1 Advocacy - Examination-in-chief
M2 Advocacy - Cross-examination
M3 Advocacy - Civil Advocacy
M4 Opinion Writing
M5 Drafting
M6 Conference
M7 Ethics - taught and assessed purely online
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FORMATIVE ASSESSMENT Currently3, students must be provided with the following minimum opportunities to practise and to receive feedback: Advocacy: the equivalent of twelve 15-minute practice exercises (of which three are summative assessments) Conference: 4 complete, tutor-observed conferences (of which one is a summative assessment) Opinion Writing: 6 assignments (of which one is a summative assessment) Drafting: 6 assignments (of which one is a summative assessment) Feedback must relate back to the LO’s to enable students to understand what they need to do to improve.
Marking and moderation: What is moderation? Moderation is a process which is separate from the marking of any assessments. It is carried out to ensure that an assessment outcome is fair, valid and reliable and that the assessment criteria have been applied consistently. It is important that, where there are differences in academic judgement between individual markers, these can be acknowledged and addressed. Moderation ensures consistency in marking. Moderation occurs before any BPTC External Examiners (appointed by the BSB) review the marking and any internal moderation process.
When is it necessary to moderate? Moderation is required for all components of summative assessment, irrespective of any credit weighting of the assessments. The ICCA’s moderation 3 BSB BPTC Handbook 2017/18 https://www.barstandardsboard.org.uk/media/1846141/bptc_handbook_v2.pdf
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procedures are flexible given the subjective nature of the work and the nominal credit weightings attached to the work4. The ICCA will not generally moderate during the process of formative assessments. These results do not contribute to the overall result for the BPTC. The ICCA acknowledges that it is good practice to operate processes to ensure consistency of marking and feedback of formative assessment. In this endeavour, tutors will sometimes ‘blind mark’ a formative assessment before embarking on their own allocated assessments in order to reach a consensus of marking protocols.
ICCA regulations on moderation
ICCA tutors and academic staff will be provided with general guidance to assist with ICCA regulations on moderation. http://www.ed.ac.uk/academic-services/policies-regulations/regulations/assessment
Who has responsibility for organising and supervising moderation? The ICCA Board of Examiners is ultimately responsible for determining the form of moderation for each component of assessment, and for ensuring the appropriate operation of moderation processes. The BPTC Course Leader is responsible for organising and supervising the moderation processes for the internal assessments. The BPTC Course Leader will appoint one or more member(s) of academic staff (a ‘moderator’) to undertake the moderation activities for each assessment. The moderator should not be a first marker for the assessment.
How does the ICCA ensure that markers and moderators understand the BPTC assessment moderation arrangements?
4 BSB no longer prescribe credit weightings. ICCA will still allocate a weighting to every element.
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The BPTC Course Leader, or a senior tutor with delegated authority, will meet with those involved in the marking and moderation process in advance of marking to ensure everyone understands how the processes will operate, who is responsible for which aspects of the process, and to arrive at a shared understanding of how the criteria should be applied. Meetings may be held face-to-face or arranged remotely. Markers and moderators should aim to reach a consensus regarding marks and grades5. The BPTC Course Leader will make known in advance to markers the process for resolving any disagreements.
How does the ICCA moderate?
Most academic institutions adopt a requirement that any single item of assessment equivalent to 40 credits or more will be double marked. None of the elements of the BPTC are 40 credits or more. The ICCA will therefore generally adopt a Sampled Second-Marking approach. 1. Sampled Second Marking Sampled Second Marking involves one or more first markers marking all assessments and a moderator reviewing these marks for a specified proportion (sample) of the cohort of students’ assessments. The BPTC Course Leader will determine and make known the proportion and minimum number of assignments to include in the sample in advance, taking account of advice from the ICCA Board of Examiners and the size of the cohort. Ordinarily, approximately one-third of the 120 cohort will be sample second-marked. The sample will include examples of fails, and assessments on each grade boundary6 (ie 2% above or below the grade boundary). Where the marking has been conducted by a team of first markers, the sample should include assessments marked by each of the first markers. The following sets out where Sample Marking will take place:
PASS/FAIL 58, 59, 60, 61, 62
MERIT 68, 69, 70, 71, 72
5 The BSB no longer prescribe grade boundaries but the ICCA will impose its own regime of grades and mark towards this. 6 BSB will no longer prescribe boundaries. ICCA likely to resort to Fail (below 60%), Pass, (60-69%), Merit (70-84%), Distinction (85% or above)
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DISTINCTION 83 and above
The moderator will review the first markers’ marks and comments for the sample, and check that marking for the sample is consistent with the relevant Assessment Criteria. If a team of first markers is involved, the moderator should also check that they are all taking a consistent approach. If the moderator is not satisfied that the marks are appropriate, they should discuss them with the marker(s) concerned and then make any necessary adjustments to the marks and associated feedback. In circumstances where the moderator identifies a systemic issue regarding the marking, any adjustments or remarking should be applied to all relevant students (eg all the students who attempted the assessment, or all the students marked by a particular marker), not just those in the moderation sample.
Moderation of performances as opposed to written assessments
In cases where assessment involves advocacy or conference performances, as opposed to written assessments, moderation will be incorporated by the moderator either being present at the time that the assessment is observed or by having access to a video recording of the event.
In the event of disagreement between the marker(s) and moderator Averaging may be used if there is a difference of no more than 5% between the first marker’s and moderator’s marks. In the event that the marker(s) and moderator are not able to agree final marks, the BPTC Course Leader will identify a 3rd marker to independently review the relevant assessments and the first marker’s and moderators’ marks and comments, and to seek to resolve the disagreement (and, if necessary, to determine appropriate outcomes for the assessments). Where it is necessary for a 3rd marker to resolve disagreements, the ICCA will include the relevant assessments and information regarding the moderation process and resolution in the sample seen by the BSB’s External Examiner, so that the External Examiner can comment on how these processes operated. BSB External Examiners will not normally be expected to intervene in resolving individual cases in the event of markers and moderators disagreeing.
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Maintaining records of the moderation process
It is important that the ICCA maintains records to that show how the moderation process has operated, including showing the rationale for decisions in relation to individual marks / grades, including any decisions that marks or grades should not be altered. The ICCA will use an adapted version of the Assessment Criteria to record all of this information which must be signed and dated by all first markers, second markers (moderators ) and any 3rd marker or External Examiner. After the moderation and Board of Examiner processes have concluded, the ICCA will operate in line with new GDPR protocols and processes.
