(Your institution)’s Legal Advice

Centre

Student Advisor Handbook

2006 Edition

Please note: this Handbook can be reproduced or amended by

your institution providing the acknowledgement in paragraph 4 on

page 5 is retained in full.

November 2006

2

CONTENTS

Page

Welcome to (your institution)’s Legal Advice Centre 5

Introducing Clinical Legal Education 6

How the Centre works 7 - 9

The Client 10

Our Standards 11

Your Centre 12 – 13

Your Participation 14 – 15

The Interview 16 – 19

The Advice 20 – 21

Record Keeping 22 – 25

Office Facilities & Procedures 26 – 28

Professional & Ethical Matters 29 – 30

Confidentiality 31

Learning Through Doing 32-33

A Final Word 34

APPENDICES

Appendix A – Summary of basic rules for Advice Centre Student Advisors 35 - 38

Appendix B – A Guide to Professional Practice 39 - 46

Appendix C – Legal Advice Centre Forms and Letters 47

FORMS & INSTRUCTIONS

Student Advisor Contract 48 - 53

Information for Clients Form 54 - 56

Client Details Form 57

Authority Form 58

Authority to the Legal Services Commission to Audit File Form 58

File Summary Form 59

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Attendance Form 60

Receipt of Documents Form 61

Acknowledgement of Return of Documents Form 61

Research/ Task Record 62

File Closure Sheet 63

Questionnaire for Clients 64 - 66

Student Experience Evaluation Form 67 - 69

Supervisor Quality Evaluation Form 70 - 71

LETTERS

Post-Interview Letter 72

Advice to Client Letter 73

General Letter to Third Parties 74

File Closure Letter 75

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Welcome to (your institution)’s Legal Advice Centre

(Your institution)’s Legal Advice Centre (the Centre) delivers pro bono legal services.

Students at (your institution) have the opportunity to take part in hands-on legal work for

the benefit of the wider community.

The Centre gives free legal advice to members of the public. This service is provided

by (your institution)’s students under the supervision of professionally-qualified

members of staff. This Handbook will guide you through the experience of working and

learning in the Centre. The Handbook describes the Centre’s professional standards,

working practices and rôle in your studies.

We hope that you will find it useful. You should have it to hand at all times when you

are involved in Centre work.

The original version of this Handbook (1999) was prepared with the kind assistance of

the staff at the Law Clinic at Sheffield Hallam University. The final version was

compiled by The College of Law, the help of which is gratefully acknowledged.

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INTRODUCING CLINICAL LEGAL EDUCATION

What is the rôle of the Legal Advice Centre in my legal education?

The Legal Advice Centre is mainly a vehicle for the study of law and of practice.

Although the Centre provides a useful service to the community, it is primarily about

putting theory into practice, whilst allowing you time to reflect on your experience. It

allows you a valuable opportunity to see how a case progresses in practice and how the

skills that you will learn on the LPC come together in the context of one client file.

How will I learn from the experience?

There are three principal ways in which you should learn from this clinical experience:

working on a real client case;

discussion at your follow-up meetings; and

evaluating your experiences.

What skills will I use?

Depending on the case, you will use some or all of the following skills:

interviewing;

factual analysis, i.e. problem-solving;

legal research;

letter-writing; and

negotiation and advocacy.

You will also have the opportunity to develop your office and administrative skills, your

team-working skills and your ability to manage your time. In addition, you should

become familiar with the ethical and professional issues relevant to legal practice.

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HOW THE CENTRE WORKS

All legal advice centres follow the same operational rules. This ensures that the client

and student experience is consistent between such centres. It also enables staff to

maintain quality control more effectively. Solicitors holding practising certificates

supervise each centre. (Your institution) also has professional indemnity insurance

cover to protect its staff, students and clients.

Set out below is an outline of the way in which the Centre works:

All participating students (‘Student Advisors’) must complete an induction

programme in which the operational rules and the reasons for them are clearly

explained. All students get a copy of the Handbook and must sign a contract in

which they agree to comply with the rules.

Student Advisors are organised into pairs or a group of three.

Clients telephone for an appointment.

The Centre Administrator takes brief details of the case from the client. A

Supervisor then decides whether the case is suitable for the Centre. Factors taken

into account include urgency, complexity and available expertise and whether or not

the case is likely to be of educational benefit to the students. If the Centre cannot

help, the client is told why and, where possible, alternative sources of help are

suggested.

If the Centre can help, the Administrator allocates Student Advisors, makes an

appointment and confirms the appointment in writing. The client will also be sent

written details of the nature and extent of the service provided.

The Student Advisors must then check with the Administrator at least a week before

their allocated interview date to confirm the date, time and client details. This gives

the Student Advisors the opportunity to carry out any preliminary research that may

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be necessary. Remember, it is the responsibility of Student Advisors to contact the

Centre Administrator.

The Student Advisors meet with the Supervisor half an hour before the time set for

the interview to discuss how they intend to conduct the interview. You will be

supervised throughout your case by the same Supervisor wherever possible.

The Student Advisors then interview the client. A Supervisor is always available for

consultation but does not take part in the interview. This is a fact-finding exercise.

No advice must be given at this stage. Student Advisors inform the client orally and

in writing of the nature and extent of the service, including the fact that advice can

only be given in writing after the case has been researched.

Following the interview, the Student Advisors have a post-interview review meeting

with the Supervisor and report back on the interview. They will also discuss whether

the case is suitable for the Centre to advise on and, if so, how the Student Advisors

intend to progress the case.

On the same day, the Student Advisors draft a letter informing the client whether the

Centre can advise him or her. If so, the client is also told when the advice letter will

be ready – normally within two weeks of the interview. If not, the client is given the

reason and, where relevant, referred on to another agency which may be able to

help.

If the Centre is able to help, the Student Advisors agree an action plan with the

Supervisor and conduct and record factual and legal research.

The Student Advisors also arrange a further appointment (normally a week later)

with the Supervisor to discuss research findings, the progress of the case and the

first draft of an advice letter.

The Supervisor scrutinises the draft advice letter and approves or suggests

appropriate amendments. In practice, it takes Student Advisors several drafts to

produce a professionally-acceptable advice letter. Exceptionally, if the period

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exceeds two weeks, the client is advised of the delay. If the delay is considered

prejudicial to the case the Supervisor will intervene and take appropriate action.

When the advice letter is eventually approved, the Supervisor and Student Advisors

sign it and place it in the post tray in the Administration Office, together with an

evaluation questionnaire.

On conclusion of the case, all students are asked to complete an Experience

Evaluation Form and to meet with their Supervisor to discuss their performance.

At the end of each term, the Student Advisors must also attend a Group Evaluation

Meeting, to discuss their experience generally within the Centre.

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THE CLIENT

How many clients will I see?

You will interview one client, following which you will have to work intensively for a

period of two weeks. In addition you will be asked to evaluate your experience critically.

Clinical legal education is all about doing, and learning from doing.

Who will be responsible for the client?

You and your partner(s) will be responsible for the client under the overall supervision of

a Centre Supervisor.

Your clients will be real people with real problems. Yes, you will be working under

supervision, but you - not your Supervisor - will have the relationship with the client and

you will have the responsibility of providing the advice.

Where will the clients come from?

The Advice Centre offers advice to members of the public. Although we are in principle

able to take on any case, in practice we only take on clients whose cases suit our

educational purposes. We therefore do not need or expect to take on the cases of all

people whom we might be able to help, nor do we expect to offer the range of legal

services which other agencies might provide. We offer an advice-only service. Clients

are fully informed as to the nature and scope of the service we offer before any case is

taken on. (Your institution) is also aware of the extent of unmet legal needs and tries to

ensure that its service is targeted at those clients who are otherwise unable or unlikely

to get help.

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OUR STANDARDS

What standard will I be expected to achieve?

We owe a duty to provide a competent and professional service to all clients we advise.

The Centre is subject to the professional rules and disciplinary procedures of The Law

Society. All Student Advisors will be working on client matters under the supervision of

Solicitors who hold practising certificates.

Will the Law Society’s Rules of Professional Conduct apply to me?

Yes. You are part of the Advice Centre team. The team is supervised by

professionally-qualified staff. These staff must ensure that the Centre operates within

the relevant rules and codes. It is essential that you become familiar with the

professional rules and operating procedures of the Centre. All advice prepared by you

must be checked and approved by one of the Supervisors.

How will I know that I am doing things right?

Apart from being closely supervised at all stages of your participation in the Centre, we

believe that you will wish to know whether the work you have produced and your overall

contribution to the Centre have been of a satisfactory standard. We believe the best

way to achieve this is through a process of self-evaluation coupled with a consideration

of your file by the Supervisor.

If you have completed your case satisfactorily you will be presented with a certificate to

acknowledge your achievement. It is hoped that student performance in the Centre will

become a formally-assessed part of the BVC and LPC.

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YOUR CENTRE

Who are the Supervisors?

Members of the Centre staff for 2006/2007 are:

Title Name Telephone No.

Where is the Centre?

The Centre is at:

……………………………………………………………………………………………………

There are dedicated interviewing, administrative and student work spaces together with Supervisory facilities.

The e-mail address is:

The postal address is:

Telephone number:

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When does the Centre operate?

Client appointments will be made during normal office hours. The telephone number for

the Centre’s Administrator is a dedicated Centre telephone number and voicemail on

which clients can leave messages, 24 hours a day, seven days a week.

Appointments will be held on weekdays during term-time, at ……………………

Students will be allocated to a rota. The advice rota will not be maintained during

vacation periods or when students do not have sufficient time to devote to their

casework, e.g. revision and examination times. The rota will also be suspended if the

caseload exceeds the optimum number for the Legal Advice Centre’s purposes.

When will I be able to use the Centre facilities?

Due to the confidential nature of the work and to the equipment involved, we cannot

leave the Centre unlocked for casual use. If you need access to the Centre when it is

locked, you can get a key from ………………………….. at …………….... You will have

to provide identification and will need to sign the key out. You are responsible for

returning the key as soon as you have finished working in the Centre. You should never

take the key off the premises or leave the Centre unlocked when unoccupied by the

Centre staff or Student Advisors. You can use the Centre whenever (your institution) is

open unless Centre staff tell you otherwise.

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YOUR PARTICIPATION

How do I know what my case is about and what case details will I have?

As stated earlier, you will be allocated a date and time for a client interview. The Centre

Administrator will contact you by e-mail at least one week before the allocated date, to

check the date, time and client details and provide you with a copy of the Appointment

Request Form.

What case details will I have?

The Appointment Request Form will contain a brief outline of the client’s problem as

recorded by the Centre Administrator. You are then expected to arrange a preliminary

meeting with your partner(s) to discuss how you propose to conduct the interview and

also to carry out any preliminary research that may be necessary. You should use this

information to consider the facts you will need to establish during the interview and the

questions you will need to ask.

What if I am unable to attend?

It is imperative for the client, the Centre, (your institution), and for your own reputation

that the rota system operates effectively.

IF FOR ANY REASON YOU ARE UNABLE TO ATTEND AN APPOINTMENT, YOU

MUST NOTIFY THE CENTRE ADMINISTRATOR OR SUPERVISOR IMMEDIATELY,

AND WE WILL TRY TO ARRANGE FOR ANOTHER APPOINTMENT AT A LATER

DATE. WE WILL ONLY DO SO IF YOU HAVE A GOOD REASON FOR BEING

UNABLE TO ATTEND THE INTERVIEW.

My commitment

If you are selected as a Student Advisor you will be asked to sign a contract. A copy of

this is set out in Appendix C. You should read this carefully and make sure you

understand the commitment you are making. You will need to complete the necessary

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details in the Client Register Card for the index folder. Your student number must be

quoted on all correspondence, attendance notes and other documents you create.

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THE INTERVIEW

BEFORE THE INTERVIEW

How will I know what questions to ask?

A week before the scheduled interview, the Administrator will e-mail you a copy of the

Appointment Request Form on which the case details will appear. Half-an-hour before

the interview, you will be asked to attend a meeting with your supervisor and the other

Student Advisor(s) to discuss how you will conduct the interview.

Your Supervisor will discuss with you the sort of questions you should ask, but this will

not be an exhaustive list. Thinking about the kinds of questions you should ask is part

of the learning process. If you do not get all the information that you need at the first

interview, then you may have to contact the client, but only with the Supervisor’s

permission. This will be one of the matters to discuss at the Post-Interview Review.

What will happen on the day of the interview?

On the day of the interview you must arrive at the Centre at least 30 minutes before the

client’s appointment. This is to enable you to deal with the opening of the file, and to

discuss the questions you intend to ask with your Supervisor.

When the client arrives, he or she will report to Student Services who in turn will

telephone the Centre. You will collect your client from Student Services and take him or

her to the interview room. Your Supervisor and the Administrator will remain on duty in

the Centre throughout the interview and will be available to do any photocopying or

other tasks that may become necessary. Your Supervisor will remain available

throughout the interview.

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THE INTERVIEW

What will I have to do at the interview?

Your most important task will be to put the client at ease and listen to what he or she

has to say. The interview is a fact-gathering exercise – an opportunity for you to find

out what the client’s problem is. You will not give any advice to the client and you will

explain this at the start of the interview. You and your partner(s) must take a detailed

note of the interview. We suggest that you should share the work between you and

each have the opportunity to ask questions and take notes. Therefore, one of you

should start asking questions, the other taking notes, and you should swap rôles

halfway through the interview.

Immediately after the interview you should complete an Interview Summary Form and

attach that to the file together with the notes.

What information will I have to give the client about the Centre?

At the start of the interview you must check that the client has received a copy of the

Information for Client leaflet. You must then summarise and explain its contents.

In particular, you must emphasise:

1. that the Centre provides an advice-only service and cannot represent the client in

any proceedings;

2. that you and your partner(s) are students who are advising under supervision;

3. that the service is free;

4. that the Centre does not give advice in every case;

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5. that where the Centre cannot give advice it will try to suggest alternative sources

of help for the client;

6. that the Centre is not covered by the ‘Solicitors' Indemnity Rules’ but that the

work of the Centre is covered by professional indemnity insurance; and

7. that if the client has a complaint he or she can use the Centre’s complaints

procedure, which initially involves contacting the Centre Solicitor.

You will need to take with you to the interview a copy of the Centre’s Information for

Clients Form. After summarising the contents, you must ask the client if he or she

understands it and if so ask the client to sign it. The Centre cannot advise a client

who does not sign this form.

AFTER THE INTERVIEW

What happens after the interview?

As soon as the interview has finished, you will need to escort the client off the premises

and then meet with your Supervisor to go through the information that you have

received. This post-interview review is your opportunity to check that you have

understood properly the client’s case and thought about the relevant areas of the law.

Your Supervisor will also be able to guide you to relevant resources and help you

formulate your research and action plan.

Following the post-interview review, the Supervisor will book an advice consultation

appointment with you to take place within seven days of the interview. This should give

you enough time to conduct your research and produce a first draft letter of advice. You

should leave a copy of your research and draft advice letter in the Centre in-tray for the

Supervisor the day before your next meeting with the Supervisor. If for any reason you

do not think you will be able to complete your advice within seven days, you must

contact your Supervisor immediately and explain why.

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What if the case is complicated?

At the post-interview review, part of the discussion will involve considering whether you

can usefully advise the client. If you cannot, it will be necessary to write to the client

explaining why you are unable to help and, if appropriate, refer him or her to another

agency. The decision as to whether the Centre is able to help a client will be made by

the Supervisor, in consultation with you.

What if it is an area of law that I know nothing about?

Good lawyers do not know all the answers to every legal problem but they should know

where to find them. Your Supervisor will be able to refer you to useful resources. Apart

from this, your lecturers possess a wealth of knowledge and expertise, and, provided

confidentiality is preserved, the Supervisor may refer you to a lecturer who may be able

to help you. However, in no circumstances should you consult another lecturer for help

without your Supervisor’s prior permission.

Whatever happens, you must make a detailed record of your research using the

Centre’s Research Record Form. This is so that you, your partner, the Supervisor, or

any other lawyer who picks up your file will be able to follow the research trail that led

you to your conclusions.

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THE ADVICE

How will we give our advice?

Your advice will always be in writing. You must never give advice to the client at the

interview or without the Supervisor’s prior approval, nor must you ever contact clients in

any way without a Supervisor’s agreement.

Can we represent the client in courts or tribunals or assist in other ways e.g.

write letters for the client or draft documents?

Unfortunately, no. You must make it clear to the client at the start of the interview that

assistance is limited to advice only. This is for both educational and professional

reasons. (Your institution)’s insurance policy does not currently cover representation.

This restriction also applies to where the client asks you to go along with them to a

hearing just to help them if they need it.

How will I maintain contact with my client?

Immediately after the post-interview review you must draft a letter to the client thanking

him or her for attending and saying when you will send your advice. This will normally

be within ten working days. If, towards the end of that period, you need more time, you

will agree a date with the Supervisor and send a further letter to the client explaining the

reason for the delay and when you will send the advice. However, wherever possible

you should adhere to the deadline.

You must not enter into any other contact with the client except with the authorisation of

the Supervisor.

You will send all letters - after your Supervisor has signed and approved them - by

placing them in the post tray in the Administration Office.

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The advice letter will also enclose a Client Questionnaire. The aim of this is to provide

some feedback on your performance and the service provided by the Centre.

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RECORD-KEEPING

What records will I have to keep?

Record-keeping is an essential part of the work of a Solicitor. Your records must be

accurate, up-to-date and maintained, so that anyone picking up the file can readily

understand it. All documents must be kept in the file, including drafts, notes etc.

By the time you attend the first interview the Centre Administrator will have sent an

appointment letter to the client. This will be attached to the Appointment Request Form

with any telephone messages, and kept in the Administrator’s office at the Advice

Centre.

When you arrive for your appointment with the client, the Administrator will give you the

file which has been opened for your client. You will need to fill in the Client Card

Register with your own and the client’s contact details. You will also need to complete

the whiteboard in the Centre, as your case progresses.

The number allocated to the client file will act as the Centre’s point of reference for that

case. You must quote it in all correspondence and dealings with the case.

When you see a new client you will record his or her basic details (name, address,

contact number) on the Client Details Form and on the Interview Summary Form. This

procedure must never be bypassed, as clients will return to the Centre expecting those

advising them to know their basic details.

In a case where the Centre can advise, the first documents in the file will be:

Appointment Request Form;

letter confirming date of appointment;

Interview Summary Form;

original Notes of the First Interview attached to an Interview Summary Form;

signed Information for Clients Form;

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File Summary Form; and

records of both the Pre- and Post-Interview Meetings with your Supervisor.

These documents provide the basic information needed to manage the file.

As documents are accumulated the following must be kept tagged in the order in which

they arise or are received:

copies of correspondence sent;

correspondence received;

full notes of all client and other relevant contacts such as interviews, telephone

calls etc, on Attendance Forms;

records of meetings with Supervisors;

records of legal research; and

draft letters.

You must also summarise every step taken in the case on the File Summary Form,

identifying who was involved, when, what was done and how long was taken on the

particular task.

Other documents relevant to the case, such as correspondence supplied by the client,

copies of agreements, plans, statements of clients and witnesses, will be kept on file but

not on the tag. You must keep all court papers separately within the file. You can get

plastic wallets for these documents from the Administrator.

Even if the Centre cannot advise the client, you must still place the Interview Summary

Form, interview notes and copy letter informing the client that the Centre cannot help,

on the file.

All files must be stored in the filing cabinet in the Centre and must not be removed from

the Centre without the consent of the Supervisor or the Administrator.

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Should I keep original documents?

No. If your client brings any original documents with him or her, you should copy the

documents on the Centre photocopier. You should do this at the end of the interview.

If for any reason you need to keep an original document (e.g. it is too large to be

copied) then you must record the nature of the document(s), sign the Receipt Form and

give the receipt to the client. The document must then be returned to the client by

registered post or arrangements made for the client to collect it from the Centre, as

soon as possible.

What details do I have to record of the work that I do?

You should not take any step in a case without making a careful record of the time

spent on the matter, the date, place, people involved and details of that step. This

includes setting out any information received or requested from a client. This record

must be completed on the File Summary Form, which must be attached to the left-hand

side of the file.

You must make your records without delay

You must also put any documents on file as soon as you create or receive them. This

includes documents such as attendance notes or records of research. Once made, you

may not remove records from the file in any circumstances.

Can I take a file away with me?

No. Files are kept in the Centre. If you need to work on a file when the Centre is closed

then you must follow the access protocol that you were given at training. If you do need

to do work relating to the file, for example to carry out your research in the library, then

you should make a detailed note of the information you need. You must make sure that

you do not record information (for example names, addresses or case details) which

could enable others to identify the client or matter. This would be a breach of

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confidentiality. You should refer to the case by its allocated number in any situation

where confidentiality is at risk.

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OFFICE FACILITIES AND PROCEDURES

Where can I type up my work?

There are computers in the Centre, which are available for you to use. If you are going

to type up any of your work – and wherever possible you should – you must use the

Centre’s computers. The Administrator will advise you how and where to save your

work.

You must not use any of the other computers belonging to (your institution) or

your own computer to work on a client’s case. This is to avoid you breaching the

duty of confidentiality owed to your client.

What if I need to telephone my client?

Again, if you need to make any calls regarding your case you may only do so from the

Centre. Before you make any calls, you must discuss the purpose of the call and the

questions you are going to ask with your Supervisor or Administrator. ‘Thinking on the

telephone’ is time-wasting and potentially dangerous. You must plan your call in

advance and in writing.

You should also never make a call unless the file is to hand. This is because you will

invariably have to refer to facts, figures or dates from the case.

As soon as you have finished the call, you should complete a detailed file note on an

Attendance Form. You should include details of who had the conversation, when the

conversation took place and what was said. Again, this must be kept on the file.

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What about photocopying?

A photocopier is available for your use in the Advice Centre. You must not use any

other photocopiers belonging to (your institution) for Advice Centre work. You may only

use the photocopier in question for Advice Centre work.

How will I know if I have any mail?

The Supervisor or Administrator will open all incoming mail. The mail will be dated as at

the date of opening and placed in the Incoming-Post Tray in the Centre. Feedback from

your Supervisor will be placed in the Student Tray under your supervisor’s name. After

you have interviewed your client, you or your partner(s) should check the Student Tray

daily until the case has been completed.

Both you and the Centre Supervisor will sign all outgoing mail (including fax messages).

You must never send any written communication (including e-mail) without checking

with the Centre staff and obtaining a counter-signature. Any post will be sent out first-

class by the Centre Administrator.

How will the Centre contact me?

You will be allocated a time and date for your client interview at the start of the

programme.

You must provide term-time and home addresses, telephone numbers (including mobile

telephone number) and e-mail addresses.

You must notify the Centre Administrator immediately of any changes to these. You

should also make sure that your Student Advisor partner(s) always have an up-to-date

contact number and details of when and where they can contact you.

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What happens if my course work comes into conflict with my Advice Centre

duties?

If you are having any difficulties fulfilling your duties in the Centre (for example, you do

not think you will be able to complete your advice letter on time because you have to

complete an in-course assessment), you must let your Supervisor know as soon as

possible.

We will do whatever we can to help you resolve any such conflicts, but we must stress

that we will not be able to obtain any extensions to your coursework deadlines. Whilst

the Centre will not operate in the period immediately before and during the compulsory

and elective exams, we cannot avoid all other assessment dates. As a result,

inevitably, you may find yourself allocated to a client in the same week as an

assessment deadline. If this does happen we would normally expect you to fulfil both

responsibilities. If you do not think you will be able to cope with this, then you should

consider whether you should participate in the Centre.

Remember that whilst the Centre staff are there to supervise and support you so that

you can achieve the standards expected of the profession, it is inevitable that pressure

will arise. Pressure of work and time management are facts of life. It is good practice

for the future!

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PROFESSIONAL AND ETHICAL MATTERS

Conflicts

What should I do to avoid a conflict of interest?

The Advice Centre cannot act simultaneously for two or more people who have an

actual or potential conflict of interest with each other. The Administrator will check the

list of current and previous clients before you interview the client, and your Supervisor

will discuss the issue of conflict with you at the post-interview review. If you identify any

conflict, you must consult your Supervisor before you take any action on the case.

If it appears that you may have any personal involvement or vested interest in the

client's problem, then again the Centre cannot act for the client. If this arises, you must

consult your Supervisor before discussing the matter further with the client.

Can I act against (your institution)?

No. We are unable to take any action on behalf of a client against (your institution),

Governors, employees or current students. The reason for this is the actual or potential

conflict of interest. In such cases, after discussion with the Supervisor, you must try to

refer the client to another suitable agency. The Interview Summary Form contains a

question specifically designed to identify possible conflicts.

Referrals

How do I refer a case to another agency or Solicitors?

This will be appropriate where we do not have the expertise or resources to take on a

particular matter or the case needs urgent action or Centre staff do not consider a case

to be of sufficient educational value.

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The ultimate decision whether to take on a case or to advise the client to seek help

elsewhere will be made by your Supervisor in discussion with you at the post-interview

meeting. You must not mislead your client into expecting any help until a decision is

made in each case.

Although we can make appropriate suggestions about which agency the client should

consult, the choice is ultimately the client's. We must never favour one firm of solicitors

over another. However, it is acceptable to advise clients that a particular firm has

relevant expertise.

The Centre also has a list of Solicitors and other organisations willing to accept

referrals. You will only advise the client of the possibility of referral if the Supervisor

agrees. It is then a matter for the client whether to use the referral point. You must not

seek to refer a client until you have discussed the matter in full with the Supervisor and

obtained the Supervisor’s agreement. Any referral will be made in writing.

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CONFIDENTIALITY

Do the Law Society’s rules of confidentiality apply to my work in the

Centre?

Yes. You must be familiar with the Solicitors' Practice Rules and Code of Conduct on

confidentiality. The Practice Rules are summarised later on in the Handbook, but you

should also look at the Law Society’s Code of Conduct (2004) and Recognised Bodies

Regulations (2004).

You will breach confidentiality if you discuss a case with any person not involved in the

Legal Advice Centre, if this would or could lead to any identification of the client, case or

other individuals concerned. This does not mean you cannot discuss the nature of the

work you have undertaken or what you have learned from it, but you can only do this

where clients or cases cannot be identified.

However, it is not a breach of confidentiality to discuss a case with another Centre

Student Advisor or with a Centre Supervisor or Administrator. To avoid the risk of

accidentally disclosing information, we recommend, though, that you only discuss the

case with your partner(s), your Supervisor or the Administrator at your Centre.

Are we allowed to receive any money from the client?

No. This is a free service and we cannot receive money from or on behalf of clients.

We do not have a client account. You may only accept a gift with the Supervisor’s

knowledge and consent. However, it has been known for grateful clients to offer boxes

of chocolates!

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LEARNING THROUGH DOING

How will I learn from participating in the Centre?

Although the Centre provides a useful service, its main purpose is to aid your learning.

Self-evaluation is a vital part of this process. We will therefore ask you to do two things

after you have completed your participation in the Centre.

The first is to complete an Evaluation Form. This asks you to think about what you

achieved at the Centre, what you could have done better and what you might have done

differently. The form will also help the Supervisors if asked to provide a reference. You

will then attend an Evaluation Meeting with your Supervisor to discuss your experience

and to find out how your Supervisor has evaluated your performance.

The second is to ask you to attend a Group Evaluation Meeting with other participants

to discuss in general terms your involvement in the Centre’s work. Learning from the

experience of others is as important as reflecting on your own work. This meeting will

take place at the end of the term in which you participate in the Centre.

In some cases, Student Advisors may be allocated to firms. Each firm will consist of

two Student Advisor pairs. Each pair will attend the post-interview review and advice

consultation meeting for their own case and that of the other firm pair. In this way,

Student Advisors will get the opportunity to take part in two cases.

Will I get any credit for working in the Advice Centre?

Apart from the obvious benefits to your main studies of practising how to apply the law

in context, (your institution) will also award a Certificate of Participation to all students

who successfully complete their case in the Advice Centre. Success in this context

means conducting the interview, researching the case and providing written advice.

You will also be expected to behave in an appropriate, professional manner throughout

the case.

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33

A FINAL WORD

Working in the Advice Centre is a unique opportunity for two reasons. First, it gives you

hands-on experience, within a closely-supervised environment, of the practical matters

you are studying on the LPC. Second, and perhaps more importantly, it gives you time

on your course to think about what you have achieved, and how you could improve on

your performance. The opportunity to reflect on your experiences is one that you will

have all too rarely when you finally enter practice. As a result, if you are to gain the

maximum benefit from taking part in the Centre’s work, not only do you need to aspire

to the highest professional standards but, also, you must recognise that your work with

the Centre gives you a valuable opportunity to learn about your own strengths and

weaknesses.

We all have to learn from experience and it is inevitable that both staff and students

involved will have constructive suggestions for ways in which our operations can be

improved. Please pass on any suggestions - even where they are critical - as they are

invaluable to us.

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APPENDIX A

Summary of basic rules for Advice Centre Student Advisors

1. PRE-INTERVIEW

1.1 The Administrator will contact you the week before the interview date.

1.2 Read Appointment Request Form.

1.3 Carry out any preliminary research necessary.

1.4 Open client file.

1.5 Meet Supervisor half an hour before interview.

2. FIRST INTERVIEW

2.1 Greet client and introduce yourselves.

2.2 Take client to interview room.

2.3 Refer client to copy of Information for Clients. Client will have been sent a copy of

this with the appointment letter.

2.4 Summarise contents of Information for Clients. These are:

The Legal Advice Centre is run by (your institution). You are the Student

Advisors allocated to the case. You are students and are not legally qualified.

However, the Centre is supervised by qualified Solicitors.

Although the Centre aims to meet the high standards expected of any Solicitors’

practice, it is also for the educational benefit of students.

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The Centre reserves the right not to provide advice if the case involves any

conflict of interest, is not of sufficient educational value in the view of the Centre

staff or the Centre cannot assist for any other reason. If the Centre is unable to

advise it will suggest referrals, where appropriate, to other agencies.

The Centre can in any event only provide initial advice. It cannot represent clients

in court or tribunals or become involved in any other aspect of a case.

The Centre is covered by professional indemnity insurance although not through

the Solicitors’ Indemnity Fund.

The Centre’s service is free. The Centre cannot receive any money from or on

behalf of a client.

The client may be entitled to receive public funding to conduct his or her case, or

enter into a conditional fee agreement, and, if the client requests it, details of

solicitors undertaking such work can be provided.

If, as a result of advice from the Centre, the client does become involved in legal

proceedings, the client may be ordered to pay costs by the relevant court or

tribunal.

In the event of any client being dissatisfied with the service given by the Centre

he or she should raise the matter initially with the Centre Solicitor.

2.5 Ask the client if he/she understands the basis on which the Centre offers its

services. If so, ask the client to sign the Information for Clients Form. Advice

cannot be given unless this form is signed.

2.6 Ask the client for the details of their problem.

2.7 Make full notes of the interview.

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2.8 Explain that you will contact the client within three days to tell him or her if the

Centre can advise them and, if so, when he or she can expect to receive the

written advice. The Centre aims to provide advice wherever possible within ten

working days.

2.9 See the client out at the end of the interview.

2.10 Return to the Centre for a post-interview review with the Supervisor. Agree on a

plan of action including making an Advice Consultation appointment to see the

Supervisor within seven days to discuss how the case is progressing, your legal

research and your draft advice letter.

2.11 On the same day draft letter to client thanking him/her for their visit and informing

him/her of when the advice will be sent or, if advice cannot be given, the

reasons(s) why.

2.12 Before leaving review session, complete Interview Summary Form and an

Attendance Form summarising the discussion with your Supervisor, the File

Summary Form. These forms, together with your interview notes, should then be

filed in the case file.

2.13 Place up-to-date file in filing cabinet.

3. CASEWORK

3.1Carry out the action plan including your research.

3.2Check the Student Advisors’ in-tray at least daily, once you have held the first client

interview and until the case is completed.

3.3Meet with Supervisor at Advice Consultation meeting(s). Undoubtedly there will be

several!

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3.4Finally, complete draft advice letter for Supervisor to approve. We aim to send out

advice letters to clients within two weeks of the interview. If this deadline cannot

be met, write to the client explaining why and saying when the advice will be

sent.

3.5Make complete record of all activities and place on case file.

4. CENTRE MEETINGS

Attend the Group Evaluation Meeting with your supervisor held at the end of the case.

5. WASTE PAPER

All waste paper should be shredded.

AND, finally;

Reflect on your experience: use the ‘Experience Evaluation’ Form to help you. Then

hand the forms to your Supervisor for comments and feedback, and as evidence of your

performance. If in doubt about any aspect of how the Centre operates, JUST ASK!

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APPENDIX B

A Guide to Professional Practice

The Solicitors working in the Advice Centre must ensure that the Centre complies in all

respects with the practice rules governing the profession and other principles of

conduct. Accordingly, students must adhere stringently to rules of professional practice,

and this handbook gives an outline of the basic rules, for your attention. Of course, this

is not a comprehensive guide to the rules of professional conduct and your attention is

drawn in particular to the client care code, a copy of which is in the Advice Centre,

together with the rules of professional practice. As the Centre operates an advice-only

service, certain sections of this guide will not be relevant, but they are included for

completeness.

The Solicitors Act 1974 authorises the Council of the Law Society to make rules to

regulate the professional practice, conduct and discipline of Solicitors. A number of

rules have been made by the Council of the Law Society. The main rules which affect

the Advice Centre can be found in the Law Society’s Code of Conduct (2004) and

Recognised Bodies Regulations (2004).

1. INDEMNITY INSURANCE RULES

All Solicitors who are held out as principals in private practice are required to be insured

against loss arising from claims in respect of civil liability, of any description, incurred in

connection with practice. Your institution’s insurance covers the Advice Centre for any

professional negligence claims.

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2. SUPERVISION AND MANAGEMENT OF AN OFFICE

The supervising Solicitors are responsible for exercising proper supervision over the

students giving advice within the Law Centre. One Solicitor in each Advice Centre is

designated as Centre Solicitor and is responsible for day-to-day management.

Staff who do not hold a practising certificate or who are not Solicitors, may also act as

Supervisors providing the Centre Solicitor oversees them.

In accordance with the above, the Centre Solicitor will supervise and manage the office.

The general principle of professional conduct is that a Solicitor cannot escape

responsibility for work carried out in the office by leaving it to other staff, however well

qualified. The Centre Solicitor will therefore provide or arrange the necessary

supervision.

3. GENERAL PRINCIPLES OF OBTAINING INSTRUCTIONS

A prospective client who is seeking a Solicitor must have a free choice as to whom to

instruct. It is therefore fundamental to the relationship which exists between a Solicitor

and the client that a Solicitor should be able to give impartial and frank advice to the

client, free from any pressures or interests which would destroy or weaken professional

independence or the relationship with the client. The fundamental principle relating to

obtaining instructions is that a Solicitor cannot do anything in the course of practising as

a Solicitor, or permit another person to do anything on his or her behalf, which

compromises or impairs or is likely to compromise or impair any of the following:

the Solicitor's independence or integrity;

a person's freedom to instruct a Solicitor of his/her choice;

the Solicitor's duty to act in the best interests of the client;

the good repute of the Solicitor or of his/her profession;

the Solicitor's proper standard of work;

the Solicitor's duty to the court.

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Rule 1 of the Solicitors' Practice Rules 1990 as amended forbids the Solicitor to act in

circumstances where the client or potential client has not been given complete freedom

of choice as to whom to instruct. The Solicitor and students within the Advice Centre

must comply with the Solicitors' Introduction and Referral Code 1990, which is

contained in 'The Guide to the Professional Conduct of Solicitors', which can be found in

the Advice Centre’s library. The Advice Centre also uses a referral list, which you can

obtain from the Centre Supervisors.

4. PUBLICITY

Students in the Advice Centre should be aware of rules of publicity, which are relevant

to our practice. The Solicitors' Publicity Code 2001 permits advertising providing it:

does not breach the Solicitors' Practice Rules;

is not in bad taste;

is not inaccurate or misleading.

Any publicity relating to the Advice Centre must be discussed with the Centre Solicitor.

It is clear the following are forbidden:

unsolicited visits or telephone calls to the general public;

comparisons with other identifiable Solicitors;

naming own clients without the clients' consent.

5. ARRANGEMENTS FOR THE INTRODUCTION OF BUSINESS

Under the provisions of the Solicitors’ Anti-Discrimination Rules 2004, Solicitors may

accept introductions and referrals of business from other persons and may make

introductions and refer business to other persons, provided there is no breach of these

Rules, and that Solicitors comply with the Solicitors’ Introduction and Referral Code

1990 In the context of our work, it is perfectly permissible for other agencies, for

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example a Citizens Advice Bureau (CAB) to refer clients to us, or for us to refer people

to other agencies or Solicitors.

6. RETAINER: ACCEPTANCE OF A CLIENT'S INSTRUCTION ARRANGEMENT

A Solicitor is generally free to decide whether or not to accept instructions. A refusal to

act, however, must not be based upon the race, colour, ethnic or national origins, sex or

creed of the prospective client.

A Solicitor must not act or, where relevant, must cease to act further, where the

instructions would involve the Solicitor in a breach of the law or a breach of the

principles of professional conduct, unless the client is prepared to change the

instructions appropriately.

A Solicitor must not act or continue to act in circumstances where he/she cannot

represent the client with competence or diligence.

A Solicitor must not accept instructions where he/she suspects that a client under

duress or undue influence has given those instructions.

Where instructions are received not from a client but from a third party on behalf of that

client, a Solicitor should obtain written instructions from the client that the client wishes

the Solicitor to act. In any case of doubt, the Solicitor should see the client or take other

appropriate steps to confirm instructions.

A Solicitor must not accept instructions to act in a matter where another Solicitor is

acting for the client in respect of the same matter, until either the first retainer has been

determined by the client or the first Solicitor has consented to the second Solicitor

acting in his or her place.

A Solicitor who has accepted instructions on behalf of a client is bound to carry out

those instructions with diligence and must exercise reasonable care and skill. Above all

else, a Solicitor must keep the client's business and affairs confidential. Further, it is

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implied with the retainer that a Solicitor is under a duty, at all times, to observe the

principles of professional conduct. In the light of this, a Solicitor must not take

advantage of the age, inexperience, want of education or business experience, or

emotional or other vulnerability of the client. The Solicitor is under a duty to keep the

client properly informed and to comply with reasonable requests from the client for

information concerning the client's affairs.

A Solicitor is under a duty to consider and advise a client of assistance that may be

available through publicly-funded help and representation.

7. COMPLAINTS

The Advice Centre operates an internal procedure for complaints. This works on the

following basis:

The client must know the name of the Student Advisors responsible for

conducting the case and the Supervisor responsible for supervision. This

information will be contained in the letter confirming that the Centre will be able to

provide advice.

The client must know whom to approach in the event of any problem with the

service provided. In the first instance, this will be the Centre Solicitor.

We must ensure that a client is, at all relevant times, given any appropriate

information as to the issues raised in the progress of the matter. This information

is set out in the Information for Clients leaflet.

Any complaint received from a client must be passed immediately to the Centre

Supervisor.

8. TERMINATION OF RETAINER

A Solicitor must not terminate the retainer with a client except for good reason and upon

reasonable notice. Examples of good reasons for a Solicitor terminating a retainer

would include:

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Where a Solicitor cannot continue to act without being in breach of the

professional rules of conduct;

Where a Solicitor is unable to obtain clear instructions from a client;

Where there is a serious breakdown in the confidence between a Solicitor and a

client.

A client, however, can terminate a Solicitor's retainer for any reason. Any decision to

terminate a retainer must be made by the Centre Solicitor or be reported to him or her if

a client so decides.

9. HELP & REPRESENTATION: PROFESSIONAL STANDARDS

When advising a client, you must inform clients about the existence, availability and

possibility of publicly-funded help and representation (formerly known as “Legal Aid”).

The client may apply for such assistance through an authorised Solicitor. The Advice

Centre does not handle such matters. Where possible, Student Advisors should

research the availability of Legal Aid Solicitors in the client’s locality from

www.clsdirect.org.uk, and refer the client to an authorised Solicitor.

10. CONFLICT OF INTEREST

A legal adviser should not accept instructions to act for two or more clients where there

is a conflict, or a significant risk of a conflict, between the interests of those clients.

If a Solicitor or firm of Solicitors has acquired relevant knowledge concerning a former

client during the course of acting for that client, the Solicitor or firm of Solicitors must not

accept instructions to act against the client.

A Solicitor or firm of Solicitors must not continue to act for two or more clients where a

conflict of interest arises between those clients (Rule 16D, Solicitors’ Practice Rules

1990). Exceptions to the Rule are contained in R16D(3).

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A Solicitor must not act where the Solicitor's own interests conflict with the interests of a

client or potential client. In this way, the Advice Centre cannot act against (your

institution), its Governors, staff or current students.

11. CONFIDENTIALITY AND PROFESSIONAL OBLIGATIONS TO THE CLIENT

As mentioned earlier, a Solicitor is under a duty to keep confidential to the Centre the

affairs of the client, and to ensure that all the staff do the same. Although this duty can

be overridden in certain exceptional circumstances, this is a decision that can only be

taken by the Centre Solicitor. An adviser must not disclose a client's address without

the client's consent under any circumstances. Nor must the details of a client's case be

revealed or the fact that you are advising a client e.g. by leaving a telephone message

for a client (unless the client has authorised this). Care must also be exercised if using

e-mail.

A Solicitor is obliged to deal promptly with correspondence on behalf of the client or

former client and with any correspondence with the Law Society.

12. PROFESSIONAL OBLIGATIONS OWED TO THE COURT AND

PROFESSION

A Solicitor who acts in litigation, whilst under a duty to do the best for the client, must

never deceive the court. If, prior to or in the course of any proceedings, a client admits

to the Solicitor that he or she has committed perjury or misled the court in relation to

those proceedings, it is the duty of the Solicitor to decline to act further unless the client

fully agrees to disclose the conduct to the court.

A Solicitor must comply with any order of the court which the court can properly make

requiring the Solicitor to take or refrain from taking some particular course of action.

Equally, a Solicitor is bound to honour an undertaking given to any court or tribunal.

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A Solicitor must not act, whether in a professional capacity or otherwise, towards

anyone in a way which is fraudulent, deceitful or otherwise contrary to the Solicitor's

position as a Solicitor. Nor must the Solicitor use the Solicitor's position to take unfair

advantage.

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APPENDIX C

Legal Advice Centre Forms and Letters

Attached are samples of forms/documents used in the Legal Advice Centre. These

forms are to be used in the Legal Advice Centre.

FORMS

Student Advisor Contract 48-53

Information for Clients Form 54-56

Client Details Form 57

Authority Form 58

Authority to the Legal Services Commission to Audit File Form 58

File Summary Form 59

Attendance Form 60

Receipt of Documents Form 61

`Acknowledgement of Return of Documents Form 61

Research/Task Record 62

File Closure Sheet 63

Questionnaire for Clients 64-66

Student Experience Evaluation Form 67-69

Supervisor Quality Evaluation Form 70-71

LETTERS

Post-Interview Letter 72

Advice to Client Letter 73

General Letter to Third Parties 74

File Closure Letter 75

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Student Advisor contract

This contract is between you and (your institution). It sets out only your primary

obligations. You will find further details of the procedures that you must follow

during your work at the Legal Advice Centre in your Centre Handbook.

1. ORGANISATIONAL/INTERNAL MATTERS

Advice Centre sessions –

(a) Clients will telephone the Centre for an appointment which will be held on days

fixed by Centre staff. The details of the Centre and its staff are contained on

page 12 of this Handbook.

(b) Student Advisors will contact the Administrator at least seven days before their

allocated interview date to check the time, date and client details.

(c) To ensure the smooth running of the client interview you must arrive at the

office at least 30 minutes before the appointment.

(d) After your appointment you will need to allow at least one hour for your Post-

Interview Review with your Supervisor as well as to deal with any follow-up

work and paper work. All files must be maintained in accordance with the

procedures laid down in your Centre Handbook. Written notification will be

given of any changes.

(e) You must attend punctually during the agreed hours.

(f) If you are unable to attend as agreed, it is your responsibility to inform your

Supervisor according to the procedure set out in your Centre Handbook.

Standard of dress -

You are expected to dress in a manner appropriate to working in a Solicitor's

office.

Contact with clients -

(a) There must always be two Student Advisors in attendance during the

interview.

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(b) No work involving contact with clients is to be undertaken at any time when

an Advice Centre Supervisor is not available, except with prior authorisation.

(c) No advice of any kind can be given without first checking with your

Supervisor. Advice may only be given in writing. You must never give

oral advice.

(d) Before a client leaves the office, you must ensure, so far as is possible, that

you have checked that all relevant information has been obtained and forms

completed.

(e) No correspondence of any nature can be sent out without the Advice Centre

Solicitor's counter signature.

(f) You must tell clients that the Centre is supervised by qualified Solicitors

with practising certificates.

Casework -

The decision as to whether any advice on a case can be given will be made by your

Supervisor in consultation with you. In the event of disagreement the Advice Centre

Solicitor will make the final decision.

Confidentiality -

To preserve the confidentiality of the Advice Centre’s affairs, you must not receive

personal visitors or personal telephone calls at the office.

Discussion Meetings -

In order to enable you to share your experiences with other Student Advisors you will be

invited to a meeting to discuss your experience. This is an essential part of your

participation in the Centre.

Working together -

Working in pairs is an essential part of your Advice Centre experience. It develops

communication skills and confidence, and means responsibility and workloads are

shared and work double-checked.

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Self-evaluation -

A Self-Evaluation Form must be completed and handed to the Supervisor at your

evaluation meeting.

Post -

If you receive post you will be sent an e-mail asking you to come in and collect it from

the post tray in the Centre.

Timetables -

All Student Advisors working in the Advice Centre must provide a copy of their most up-

to-date timetable and contact address and telephone number to the Advice Centre

Administrator. This is because the Centre staff may need to contact the Advisors and

therefore must know where and how to do so.

2. PROFESSIONAL AND ETHICAL MATTERS

We are unable to take any action on behalf of a client against (your institution), any

of its branches, its Governors, employees, current students or any former client. The

client should be referred elsewhere, after the reasons for our inability to act have been

explained.

Professional Responsibilities and Confidentiality: -

(a) The duty of confidentiality extends to Advice Centre matters.

(b) Everyone working within the Advice Centre must be familiar with the

Solicitors' Practice Rules and codes of conduct on confidentiality. A copy of

the rules is available in the Advice Centre - please read them. (See The

Guide to the Professional Conduct of Solicitors - The Law Society – 1999 – 8th

edition).

(c) Student Advisors must ensure that at all times their conduct is in accordance

with the professions’ Conduct rules. This applies to all conduct – conduct of

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the case, conduct when dealing with their Supervisor and Legal Advice

Centre staff, and conduct as between Student Advisors.

(d) A breach of professional conduct may result in the Student Advisor being

removed from the Legal Advice Centre service. This is a matter for the

Supervisor to decide.

(e) Student Advisors must ensure that their file is managed in accordance with

the Legal Advice Centre protocols. A failure to do so will be treated as a

breach of the professional conduct rules. It will also mean that the file cannot

be signed off by the Supervisor as closed and no Certificate of participation in

the Legal Advice Centre will be issued to the Student Advisor. Supervisors

and Legal Advice Centre staff can advise how relevant protocols can be met.

(f) For reasons of confidentiality you must not discuss or disclose to any persons

other than your student partner, your Supervisors or the Office Manager or

the Administrator, matters confidential to the Advice Centre and its clients.

(g) For reasons of confidentiality, files must not normally be removed from the

Centre. If, in exceptional circumstances, it is necessary to take a file from the

Centre, you must first obtain permission to do so from a Supervisor.

(h) Your duty not to discuss or disclose to any other persons matters confidential

to the Centre, its clients, or any other matters which may come to your

knowledge through your work, continues after you have ceased to participate

in the Advice Centre.

Supervision: -

(a) In order to comply with the Law Society's rules and procedures and principles

of good practice, all advice given and work done by student advisers must

be under the overall supervision of the Advice Centre Solicitor.

(b) It is a breach of these rules to do any of the following without an Advice Centre

Supervisor’s authority:-

see or contact a client;

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send out any material of any sort, whether on headed or unheaded paper, in

connection with any matter the Advice Centre is actually or potentially

handling, or has handled;

agree to take any other step for a client.

(c) In order to comply with the Law Society's rules, all correspondence and

outgoing documentation must be checked and signed by a supervising

Solicitor.

(d) The decision as to whether the client can be offered advice will only be

undertaken with the agreement of a Supervisor, after consultation with you.

(e) No individual Advisor may continue to deal with a case if it appears that he/she

may have any personal involvement or vested interest in the client's problem.

If any such involvement is identified, the student must consult his/her

Supervisor before discussing the matter further with the client.

3. MONEY

(a) We do not charge clients for our services.

(b) No payment should be received from or on behalf of a client.

(c) The offer of any gift by a client or any other person in connection with Advice

Centre work must be referred to the Centre Solicitor.

4. ASSISTANCE UNDER THE ACCESS TO JUSTICE ACT 1999

(a) We have a professional duty to inform all clients of the possible availability of

the assistance under the Act (formerly known as “Legal Aid”).

(b) This is covered in the Information for Clients leaflet.

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5. CLIENT CARE

(a) All clients advised at the Advice Centre must be given a copy of 'Information

for Clients'. This should be given to the client at the start of the first interview.

The contents of the leaflet should be explained clearly to the client.

(b) Clients may only be given advice in writing and only after proper consideration

and research and with the approval of the Supervisor.

(c) No casework can be undertaken unless the client has signed the Information

for Clients Form.

(d) It is essential that you complete work in accordance with the time scales set

out in the Handbook or agreed with your Supervisor. You must let the

Supervisor know immediately if this is not going to be possible.

(e) Where an appointment for a client is made, the student advisers must keep

that appointment. In the event of a Student Advisor not being able to keep an

appointment, he or she must inform the Supervisor in accordance with the

procedure laid down in the Handbook.

I have read and accept the terms of the contract and undertake to respect the

confidentiality of the Advice Centre and its clients at all times. I understand I will be

removed from the Centre rota if I fail to attend a meeting with a client or any case

management meeting without good reason or breach the rules of professional conduct.

I undertake to read the Centre Handbook and abide by its procedures.

Name of Student …………………………………………………………..

Signed …………………………………………………………..

Date …………………………………………………………..

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Information for Clients

ABOUT THE ADVICE CENTRE

(Your institution)’s Legal Advice Centre has been established to enable students

studying at (your institution) to obtain practical legal experience. Students are not

professionally qualified but will be working under the supervision of (your institution)

staff. The Centre is supervised by Solicitors holding practising certificates. Other staff

who may be professionally qualified will also be involved in supervision, under the

general auspices of the Centre’s Solicitors. The Centre aims to provide a high standard

of service similar to that offered by any Solicitors’ practice.

WHAT YOU CAN EXPECT FROM THE ADVICE CENTRE

An appointment will be made for you to attend the Centre where you will be interviewed

by two Student Advisors. The Advisors will not be able to give you any advice at that

interview. After your interview the Advisors will discuss your case with a Supervisor. If

at this stage it appears that the Student Advisors will be unable to give you advice, due

to the nature of your case, pressure of time or complexity, you will be informed by letter.

The Centre will, wherever possible, give information on other organisations or bodies

which may be able to help you.

If the Centre is able to offer advice you will receive a letter within three working days of

your initial appointment indicating when you may expect to receive your advice. The

letter of advice is normally sent to you within four weeks of the interview but if possible

within ten working days. If for any reason this is not possible you will be informed

before the original deadline expires.

WHAT SERVICE CAN THE CENTRE OFFER?

The Centre provides an advice-only service. This means that we cannot represent you

in court or at any other hearing. However, where possible the Centre will offer a referral

to an appropriate body or organisation. We do not offer assistance beyond initial

advice, for example, letter writing or form filling. These limitations are for educational

54

reasons. If further advice is sought, this may be offered but with a different set of

Student Advisors.

WHAT WILL IT COST?

The Centre does not charge for its services. However, you should be aware of the

following points:-

You may be eligible for publicly-funded help and representation to pursue or defend

your claim (formerly known as “Legal Aid”). The Centre can refer you to a Solicitor

who may be able to obtain such assistance for you. If you are eligible to receive

assistance you may be liable to pay a contribution. You may also be liable to repay

your costs from any money or property recovered.

If you decide to pursue court or tribunal proceedings you may be ordered to pay the

costs of your opponent if you lose your case.

The Centre cannot brief Barristers on your behalf.

INSURANCE

The Centre has insurance cover provided by (your institution’s) Insurers. If the Centre

were negligent in the handling of your case you would be covered by this insurance and

we would be under a duty to advise you of the possibility of a claim were such

circumstances to arise.

WHAT IF I WISH TO MAKE A COMPLAINT?

We hope you will be satisfied with the service provided by the Centre. If you are

unhappy please ask to see the Senior Supervising Solicitor and talk things over with her

to see if you can solve the problem. However, if you do wish to complain in writing, you

should address your complaint to the Office Manager. If you are dissatisfied with the

response, you can request that the matter be investigated by our Head of Pro Bono

Services & Clinical Education c/o the Legal Advice Centre.

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STUDENT ADVISORS

Your Student Advisors are:

_____________________________________________________________________

_____________________________________________________________________

I confirm that I have read the above and accept the terms set out above.

Signed: ……………………………………………………………………...

(CLIENT)

Name of client: ……………………………………………………………………...

Date: ……………………………………………………………………...

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Client Details FormStaple this form to the back inside cover of the file. Shaded areas indicate where information needs to be provided at a later stage.

Date case opened: Advisors: File Number: Useful Names/ Details:

Matter:

Name:

Address:

Post Code:

Phone Numbers:Home:

Mobile:

Work:

DOB: Doctor:Practice Address:

Tel. No:NI No:

Conflict Check: Y / N Information for clients form signed: Y / N

Monthly income: Source of income:

Experts: [where applicable]

Counsel:

Review Dates:

Undertakings Given:

Key Dates:

Publicly Funded Work [where applicable]

Grant of Public Funding:

Advance Costs Info:

6 Months Cost Letter:

Linked File Number:

Issue:

Closed File Date

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Authority Form

TO

ADDRESS

FROM

ADDRESS

I authorise (your institution) Legal Advice Centre to represent me in respect of my case.

Signed

Date

Authority to the Legal Services Commission to Audit File

TO LEGAL SERVICES COMMISSION REPRESENTATIVE

FROM

ADDRESS

I consent to the disclosure by (your institution) Legal Advice Centre of my file, purely for audit purposes.

Signed

Date

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File Summary Form

Client Name:

Client Contact Numbers:

Opponent’s Name and Number:

Date opened:

File Number:

Claim Number:

Student names +

contact numbers:

Date Action/Event NAME Time Spent

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Attendance Form

Telephone - Incoming/Outgoing or Meeting or Conference / Note of work carried out on the case (delete as appropriate)

File number: Full name of client:

Attended by: Name of person spoken to:

Supervisor: Tel No.

Date: Start: End:

Facts:*

Key dates/ Deadlines:

Action to be taken by client:

Steps to be taken by Legal Advice Centre:

Continue on a separate sheet if necessary*See attached note if the attendance is for a lengthy interview- delete as appropriate.

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Receipt of Documents Form

YOU ONLY NEED TO FILL THIS RECEIPT OUT IF YOU TAKE ORIGINAL

DOCUMENTS. PLEASE NOTE ORIGINAL DOCUMENTS SHOULD NOT BE

RETAINED WITHOUT THE PRIOR APPROVAL OF YOUR SUPERVISOR.

File Number

Client Name

Received from

Received by

Document details

Date* Description***The date that the document was sent.**The description should include by whom the document was written and to whom it was sent

Signed

Print name

Date

Acknowledgement of Return of Documents Form

I, ………………………………. (insert client name), acknowledge the return of the original documents listed on the attached Receipt of Documents Form(s).

Signed (dd/mm/yyyy)

Print name

Date

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Research/Task Record

File No:Name of client:Student Advisor completing task:

Supervisor:

Date:

Research Objective or task:

Research Location: (Library/Law Clinic, etc)Research Material:(Statute, Regulation, Case, Book, Article. Lexis, etc)Research Finding:

Are your findings up to date?

Yes/No (delete as appropriate)

Further Research Required:

Time spent on research:

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Please use a continuation sheet if necessary

File Closure sheet

CLIENT’S NAME

DATE FILE CLOSED: FILE NO:

ALL POINTS ON THIS SHEET MUST BE COVERED WHEN A CASE IS BEING CLOSED FOR STORAGE

YES N/A

1. Has the client been told the outcome of the case and any further action which the client or Law Centre will have to take in the future?

2. Has the client been advised when the case should be reviewed if appropriate?

3. Has all outstanding money in client’s account been either returned to client or accounted for?

4. Have all disbursements been paid?

5. Has the case been billed?

6. Have all original documents been returned to the client?

7. Has the client been informed that case papers will be archived and stored for six years and then destroyed?

8. Has the client been sent a letter confirming, or covering the above points?

Matter Type: Divorce/Family/Property/Consumer/Welfare Benefits/Company/Litigation (delete as appropriate)

NOTES

Signed………………………… Signed………………….. Signed………………….Student Advisor Student Advisor Student Advisor

Signed off by…………………..Office Manager / Supervisor* delete as appropriate

Once completed, please give this form to the Office Manager or the Administrator

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Questionnaire for Clients

Please complete this questionnaire to give us your views. This will help us improve our service to clients.

Where appropriate, please mark the appropriate boxes with a cross like this . Please provide as much detail on the form as possible.This form will be optically scanned. Please use a pen with dark ink.

1. How did you know about the Legal Advice Centre?

Publicity leaflet Local Library

Citizens Advice Bureau Newspaper advert

Other (please specify)

2. Did you consider going elsewhere for legal assistance? Yes No

If yes, where did you think about going?

3. Why did you decide to use the Legal Advice Centre?

4. Before you attended your interview at the Legal Advice Centre, did you view the fact that your advisors were to be students rather than qualified lawyers as:

Helpful Unhelpful Unimportant

For the following three questions please rate how well we did on a scale of:5 (very well), to 1 (very badly).

5. How clearly was the way in which the Legal Advice Centre works explained to you?

5 4 3 2 1

6. How well were you kept informed by the Legal Advice Centre about the progress of your case?

5 4 3 2 1

File Number:

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7. How clearly were law and legal procedures explained to you?

5 4 3 2 1

8. How happy were you with the speed with which the Legal Advice Centre dealt with your case?

5 4 3 2 1

9. How good was the service we gave you overall?

5 4 3 2 1

10. Did you have confidence in the students advising you?

Yes No Not sure

11. Would you use the Legal Advice Centre again?

Yes No Not sure

12. Would you recommend the Legal Advice Centre to someone else?

Yes No Not Sure

13. Is there anything we could have done better in your case?

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14. Is there anything else that would help us to improve our service?

15 What is your name? (This question is optional; you do not have to answer it)

16. Are there any other comments that you would like to make?

Thank you very much for taking the time to complete this form.

Please use the pre-paid envelope to return it, or you can hand it in to:

(Your institution)Legal Advice Centre(address)

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Student Experience Evaluation Form

Please complete the questionnaire to give us your views and help us improve the education we offer to our students and the service we give to the public. Please answer each question by marking the appropriate box with a cross and write your comments in the boxes provided. Where relevant, please give a score on a scale of 5 (highest score) to 1 (lowest score).

(1) Case DetailsClient name: -------------------------------------------------------------------------------

Your name: -------------------------------------------------------------------------------Please summarise the nature of the case

(2) Legal ResearchTo what extent did the legal research that you carried out for your case improve your legal research skills?

5 4 3 2 1

(3) Substantive LawDid your participation in Legal Advice Centre work increase your understanding of the law as discussed during the Legal Advice Centre training?

5 4 3 2 1

(4) Problem SolvingDid your participation in Legal Advice Centre work increase your capacity to apply the law to practical problems?

5 4 3 2 1

(5) Ethics and Professional ResponsibilityDid your participation in Legal Advice Centre work increase your awareness of the ethical and professional issues affecting a lawyer in practice?

5 4 3 2 1

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(6) Overall Impression How valuable was the experience of your involvement in the Legal Advice Centre?

5 4 3 2 1

(7) Your experienceWhat did you enjoy most about participating in Legal Advice Centre work?

What did you least enjoy about participating in Legal Advice Centre work?

In your opinion, how might the Legal Advice Centre be improved?

(8) How many hours did you spend in preparation for participation at the Legal Advice Centre?

Number of hours

(9) Do you feel you were adequately supported in your work at the Legal Advice Centre?

(10) Would you have liked to work more independently at the Legal Advice Centre?

(11) Is the workspace satisfactory?

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(12) Would you value more training?

(13) Has the experience been of educational value?

(14) Have you any other comments to make?

PLEASE RETURN THIS FORM TO YOUR SUPERVISOR AT THE EXPERIENCE EVALUATION MEETING.

THANK YOU FOR YOUR TIME.

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Supervision Quality Evaluation Form

(Your institution) places great importance on the quality of the supervision you receive when participating in the Legal Advice Centre and on your view of such supervision. The information that this form contains may affect your Supervisor’s career and development so please complete it as accurately and fairly as you can. Your Supervisor will also use the information on this form in order to reflect on what you found helpful about his/ her supervision and in what ways it can be improved. Please only use this form to comment on your Supervisor’s performance in supervising your participation in the Legal Advice Centre. Please mark the appropriate number in response to each question. It would be helpful if you could explain each of your answers.

Thank you

1. Supervisor’s Name:_____________________________ Date:___________________

2. How do you rate on a scale of 5 – 1 the effort/ 5 4 3 2 1level of commitment YOU have made to the Legal Advice Centre, for example in preparation of case; attendance at meetings with supervisor; participation in the student advisor team? (5 = ‘very good’; 1 = very poor).

3. How do you view the PERFORMANCE/ APPROACH by your Supervisor in the supervision of your casework? Please mark the appropriate boxes below on a scale of 5 – 1 (5 = ‘very good’; 1 = ‘very poor’).

Encouraging the participation of the Student Advisor team 5 4 3 2 1

Creating an open co-operative atmosphere insupervisory meetings 5 4 3 2 1

Providing constructive feedback on your work 5 4 3 2 1

Dealing effectively with questions in supervisory meetings 5 4 3 2 1

Making it easy for you to ask questions in supervisory meetings 5 4 3 2 1

Dealing effectively with questions you asked outside scheduled supervisory meetings 5 4 3 2 1

Being well-informed on subject matter 5 4 3 2 1

Showing enthusiasm for the subject matter of the supervision 5 4 3 2 1

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Placing the subject matter of the supervision in a practical context 5 4 3 2 1

Improving your understanding of the legal process 5 4 3 2 1

Time management of the supervision 5 4 3 2 1

Managing the supervision effectively so as to enableyou to derive educational benefit from your participation in the Legal Advice Centre 5 4 3 2 1

4. Taking into account your replies to question 3 above and any comments you may wish to make below, how do you rate, on a scale of 5 – 1, the QUALITY OF SUPERVISION by your supervisor overall? (5 = ‘very good’, 1 = ‘very poor’)

5 4 3 2 1

5. Please use the space below to(a) explain further if you have put 1 or 2 for any aspect of question 3 and/ or,(b) make any CONSTRUCTIVE SUGGESTIONS you may have for the IMPROVEMENT of

supervision by the Supervisor. Please give as much detail as possible.

6. Please describe, also in the space below, any ways in which you feel the supervisor has made the Supervision and experience of participation in the Legal Advice Centre work well for you. Please give as much detail as possible.

Thank you for completing this form. Please bring it with you to your evaluation meeting.

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Post-Interview Letter

Private & Confidential [Date][Name of client] [File №][Address]

Dear [name]

Appointment on [ day, date + time ]

Thank you for coming to see [Student Advisor] and [Student Advisor] at the Advice Centre.

You asked advice on the following issues:1.INSERT issues2.etc

We are now researching your case and expect to despatch our letter of advice to you by [date].

Please note that the Legal Advice Centre is an advice-only service. We are unable to take cases further and will, if relevant, refer you to other possible sources of help within the Community Legal Service.

In the meantime, if you have any queries please contact [Administrator’s name] on the number below.

Yours sincerely

[Centre Supervisor’s name]Centre Supervisor

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Advice to Client Letter

Private & Confidential [Date][Name of client] [File №][Address]

Dear [name]

[SUBJECT]

The facts

[insert facts]

Your Concerns

[insert concerns]

Our Advice

[insert advice]

Summary

In summary, having provided detailed advice above, we have identified the following action available to you:- [if appropriate]

We do hope that the service provided by the Legal Advice Centre was satisfactory and we would be pleased to hear if you have any comments or suggestions about the service we gave you. We encourage feedback from our clients so that their needs and concerns can be taken into account in our service delivery plans. Please find enclosed a Client Questionnaire for you to complete and return in the stamped addressed envelope. We would be grateful if you could take a few moments to complete the form and return it to us.

Thank you for consulting the Advice Centre. Should you require any help in the future on any other matters, please do not hesitate to contact us.

Yours sincerely

[Supervisor’s name] [Student Name] [Student Name] [Student Name]Centre Supervisor Student Advisor Student Advisor Student Advisor

Encs

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General Letter to Third Parties

[DRAFT – PLAIN PAPER, DOUBLE SPACING][FINAL DRAFT – LETTER-HEADED PAPER, SINGLE SPACING]

Name and Address of 3rd Party [Date][File №]

Dear Sirs

[SUBJECT]

[Insert text]

Yours faithfully

LEGAL ADVICE CENTRE

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File Closure Letter

Private & Confidential [Date][Name of client] [File №][Address]

Dear [name]

[SUBJECT]

We write to confirm that your file is now closed.

The Legal Advice Centre will not be taking any further steps for you, except to claim our costs under the block contract legal advice and assistance scheme from the Legal Services Commission if you received legal aid during your case.

If we retained your original documents, please could you contact the Legal Advice Centre to arrange to collect them from reception.** delete as appropriate

We will keep your file for a period of six years, after which time it will be destroyed. You may have a copy of your file if you wish by making a request in writing and including the reference at the top of this letter.

We confirm that we are not holding any money for you.

Thank you for consulting the Advice Centre. Should you require any help in the future on any other matters, please do not hesitate to contact us.

Yours sincerely

[Supervisor’s name] [Student Name] [Student Name] [Student Name]Centre Supervisor Student Advisor Student Advisor Student Advisor

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