law student issue 7 - sweet & maxwell · 2008-10-28 · sweet & maxwell 100 avenue road...

LAW STUDENT

// Legal experiences to help your career

// Who are The Junior Lawyers Division?

// Mooting – essential adviceon practising your oralsubmissions

// Need a part-time job? Why not consider working as a Westlaw UK StudentRepresentative?

// Top tips for effective timemanagement

// Life as a trainee solicitor

// How is the Credit Crunchaffecting the legal industry?

// Making the most of lecturesand classes

ISSUE 7

■ Presents practical guidance on mooting both forthose participating in and those organising moots

■ Covers all aspects of mooting from legal researchand drafting skeleton arguments to moot courtadvocacy and organising mooting competitions

■ Describes the key skills of mooting step-by-step,using worked examples and an illustrativemoot problem

■ Contains material, including a number of precedentsand templates, that will assist not only mooters, butalso newly-qualified solicitors and barristers whoare starting to appear in court

■ Answers many of the questions that mooters typically ask

■ Highlights common pitfalls and explains how to avoid them

Mooting and Advocacy Skills £18Legal Skills SeriesJune 2007, ISBN 978-0-421-92470-3

YOUR ESSENTIAL GUIDE TO MOOTING

Available from www.amazon.co.uk, www.hammickslegal.com and all good bookshops

3

www.sweetandmaxwell.co.uk/academic

Welcome to the seventhissue of Law Studentfrom Sweet & Maxwell.With so muchcompetition for trainingcontracts and pupillagesit’s important that youstand out from thecrowd. On page 6 welook at some of the legalexperiences you canundertake which will notonly look good on your

CV but will be extremely beneficial.

The Junior Lawyers Division was launched back inJanuary. Turn to page 8 to find out more aboutthem, what they do, and how you can get involved.Mooting is something that you will have already, orwill be going to take part in while undertaking yourlaw degree. Our article on pages 10-11 givesessential advice on how you can hone your oralsubmissions.

Ever wondered what the life of a trainee solicitorinvolves? Flick to page 18 to find out how Alan Mak,a trainee solicitor with Clifford Chance, has spenthis time. The economic downturn is affecting manyindustries. However, our article on pages 22-24discusses how the legal industry is still managingto stay buoyant.

Letter from the Editor06-07 Get some legal experience

under your belt

08 The Junior LawyersDivision

10-11 Mooting – practising youroral submissions

13-14 Have you consideredworking as a Westlaw UKStudent Representative?

16-17 Time Management – areyou a Saturday morningor Saturday afternoonperson?

18-20 Life as a trainee solicitor

22-24 The legal industry staysbuoyant in the economicdownturn

26-28 Making the most oflectures and classes

29-30 Types of books available

Contents

Sweet & Maxwell100 Avenue RoadLondon NW3 3PF

ISSUE 7

18-1906-07

8

16-17

22

10-11

13-14

LAW STUDENT

LAW STUDENT

If you’re looking for a part-time job to supplementyour income you could consider working as aWestlaw UK Student Representative. Not only willyou be earning extra money but you’ll be able touse the training you’ll be given to maximise theresearch for your studies. See page 13 for moreinformation.

If you are taking on a part-time job then you’lldefinitely need to ensure you have good timemanagement skills. Read the article on pages 16-17 for advice and top tips. Plus, turn to pages26-28 to learn how to make the most of yourlectures and classes.

I hope you enjoy this issue as much as I do!

Sam Siddle

Editor

Sweet & MaxwellLaw Prize

Westlaw UK, the online service from Sweet & Maxwell, has a network of StudentRepresentatives in universities across the UK. Within their role each StudentRepresentative is available to help students with general or specific Westlaw UKsearch queries. We are currently looking to expand our network of Representatives.If you are interested in learning more about the role please contact Cheza Ross byemail at [email protected]. You could soon be a font of knowledgeon all things Westlaw UK!

Help your fellowstudents and earn extramoney in the process!

The prestigious Sweet & Maxwell Law Prize enables higher education institutions to award their highest achieving law students with the gift of books published by Sweet & Maxwell to the value of £150. The Sweet & Maxwell Law Prize is open to all law schools in the UK.

Announcing the new Sweet & Maxwell Vocational Law PrizeIn addition, Sweet & Maxwell have just launched the Sweet & MaxwellVocational Law Prize. This enables those institutions who offer the LPC or BVC to be able to recognise the achievements of students undertaking the vocational stage of training. The Sweet & Maxwell Vocational Law Prize is the gift of books published by Sweet & Maxwell to the value of £100.

5

We have added three new podcasts to our rangeof free podcasts. These bite sized updates providethought provoking commentary for those of youstarting a new subject and are perfect refreshersbefore your exams. We are adding new ones allthe time so remember to regularly visitwww.podcasts.sweetandmaxwell.co.uk.

The following podcasts are now available:

Judith Masson & Rebecca Probert – Family Law

Ryan Murray – Contract Law

Jo Boylan-Kemp – English Legal System

David Llewelyn – Intellectual Property

Gwyneth Pitt – Employment Law

Carl Stychin & Linda Mulcahy

– Legal Methods

Maureen Spencer – Human Rights

Elizabeth Giussani – Constitutional

and Administrative Law

Rebecca Probert – Family Law

John Sprack – Employment Law

Sara Hadwin & Duncan Bloy – Media Law

David Pope & Dan Hill – Mooting and Advocacy Skills

Learn on the move with our free podcasts!

Now Playing

1 of 2

3:302 -0.49

Sweet & MaxwellGwyneth PittPodcast


ESSAY PRIZES Essay competitions run throughout the yearand give you the opportunity to investigate an area of law while impressing prospectiveemployees and even improving your bankbalance. Even if you do not win thecompetition, you will have somethinginteresting to discuss in your interviews.

Competitions are run by several sources andawards range from hundreds to thousands ofpounds. Probably most famous is the annualOne Essex Court Times Law Awards EssayCompetition. Appearing in The Times earlyeach year, the competition invites essays of1000 words on a topic which has been in the legal headlines. It is possible to view the winning essays (and those of the runnersup) on the One Essex Court website to giveyou an idea of what the judges are looking for. Although it takes valuable time, thecompetition is undoubtedly worth entering,with the winning entry published in The Timeslaw section and scooping an impressive£3,500. The five other prize-winners (selectedfrom twelve finalists) are invited to an awarddinner and win significant financial prizes.

MINI-PUPILLAGESA mini-pupillage or “mini” is a short period ofwork experience in a barristers’ chambers and isthe closest you can get to experiencing life as abarrister without standing in court wearing a wigand gown yourself.

Most mini-pupils will find themselves readingcases and discussing them with a barrister (a mini-pupil supervisor), sitting in on a clientconference or two, going to court and perhapsbeing taken out to lunch to meet somemembers of chambers.

Mini-pupillages are all about the experience.Keep your eyes and ears open. Minis will giveyou a valuable insight into life as a barrister andmay be your first step towards pupillage itself.Make a note of your experiences and save it toassist you later when completing the pupillageapplication forms.

VACATION SCHEMES Vacation schemes are the solicitors’ equivalentof mini-pupillages. Usually lasting betweentwo weeks and a month, they are an excellentexperience and often funded (the big Cityfirms pay around £250 per week). Vacationschemes fill up quickly and can be extremelycompetitive. Apply early to increase yourchances of getting a place.

When applying for a vacation scheme, thinkcarefully about the area in which you wish topractise. Vacation schemes enable you to workin a field which you may not otherwiseexperience through your legal studies.Research firms carefully. If you want to focusyour experiences, target either specialist firmsor large firms with specialist departments inthe areas of law in which you are interested.

FORMER VACATION SCHEME STUDENT:I was sure I wanted to be a barrister. I’d enjoyedmy minis and done well at mooting. I thought Iwould do a vac scheme for pupillage interviewconversation but to my surprise I loved it! Thereis a real buzz and a great sense of teamworkthat I hadn’t anticipated. I was offered atraining contract and haven’t looked back.

SPECIALIST WORK EXPERIENCEIf you have identified an area of law that youwish to practise, you can use work experience toshow prospective employees that your interest isgenuine. Think about all the elements of your

GET SOME LEGAL EXPERIENCEUNDER YOUR BELT

potential practice and draw up a list of placeswhere you could work which would give yousome insight not just into the area of law, butalso the people who will be affected by it. So,for example, if you are interested in clinicalnegligence, start by visiting the General MedicalCouncil (GMC) or doing a vacation scheme at aspecialist firm. You could then spend timeworking in a hospital, volunteer as a hospitalvisitor or visit Hospital Radio to get anunderstanding of patients’ concerns andpriorities. Perhaps you could visit a Coroner’sInquest or even watch an autopsy to see if youcan cope with the blood and gore. Such

Law-related experiences play a fundamental role during your studies. They give you aninsight into the practice of law and its effects on society. They will also help you to decidewhich area of law to practise and confirm whether a legal career is, in fact, for you. Here, adapted from their book: The Path to Pupillage: A Guide for the Aspiring Barrister, Georgina Wolfe and Alexander Robson highlight some of the experiences you could consider.

7

activities do not necessarily involve a major timecommitment: some can take as little as anafternoon. When it comes to filling out yourapplications, however, these experiences willshow your interest is both real and informed.

MARSHALLING This is where you sit “on the bench” next to a judge during a case. It can last any length oftime from a morning to a couple of weeks. Youwill almost certainly be given the opportunity to discuss the case with the judge. Throughsuch experience, you may witness a number ofdifferent styles of advocacy, all from the judge’s

perspective. This can be invaluable for studentswho wish to pursue a career at the Bar and wantto hone their advocacy techniques.

A LAW STUDENT:I spent a day marshalling. The barristers werenot at all impressive – very unprepared andbarely audible. This actually made for anexcellent learning experience. It is often easier to see what someone is doing wrong and I amnow careful not to repeat their mistakes. Itis much harder to put your finger on exactlywhat a good advocate is doing right whenthey make it look so natural and easy.


This article is adapted from the first edition of The Path to Pupillage: A Guide for theAspiring Barrister which is available fromwww.amazon.co.uk, www.hammickslegal.comand all good booksellers priced £14.95 [978-1-847-03401-4]

ABOUT THE JLDLaunched in January 2008 for junior lawyersacross England and Wales, The JLD providesits members with support, advice,information and networking opportunities,and represents their views through lobbyingand campaigns. The JLD aims to ensure thatthe views of its members are heard onimportant issues pre- and post-qualification– both at home and internationally.

HOW DOES THE JLD WORK?The JLD is overseen by an executive committeeof volunteer members. It is chaired by KatherineGibson, a two-year PQE solicitor, and comprisesformer TSG and YSG committee members (thetwo committees replaced by the JLD) and threeLaw Society Council Members. The JLDcommittee has close links with the numerousregional groups representing students, traineesand young lawyer groups.

CAMPAIGNING ON YOUR BEHALFAs the voice of junior lawyers, the JLD aimsto represent the interests of its members.The JLD has identified a number of keypolicy areas which it aims to influence:

■ Student debt – working to find solutionsto counter the level of debt incurred bystudents

■ Legal Practice Course –looking at theprohibitive cost of the LPC, the regulationof providers and the representation ofLPC students

■ Training structure – working tostandardise the quality and level oftraining during training contracts

■ Minimum salaries – aiming to ensurethe protection of the minimum salary

■ Retention of junior lawyers – addressingthe trend of junior lawyers leaving theprofession

■ Work-life balance – committed toimproving the work-life balance

As a member of the JLD you can bring anissue to the attention of the committee forconsideration.

BENEFITS OF JOINING THE JLDThe JLD is in its infancy but benefits ofjoining include:

■ An exclusive web area to supportmembers through the early stagesof their careers

■ A freephone telephone helpline serviceand access to advice via a range ofspecialist personal support services

■ Careers advice and planning services

■ Social and networking events heldnationally and locally

■ Exclusively negotiated products andservices

■ Competitively priced and accreditedcontinuing professional developmenttraining

■ The opportunity to influence the future ofthe profession by helping to run the Division

WANT TO LEARN MORE OR JOIN THE JLD?Registering with the Junior Lawyers Divisionis free for those eligible to join. If you areinterested in joining, have a query, or want to find out more, you can email the JLD [email protected], or visit their website atwww.juniorlawyers.lawsociety.org.uk, where you can also register for regularupdates by completing the online update form.

THE JUNIOR LAWYERS DIVISIONThe Junior Lawyers Division (JLD) is a division of the Law Society with an independent voice. This free membership group is aimed atstudent members of the Law Society enrolled through the SRA, trainees, and solicitors with up to five years' active PQE. Read on for more information and details of how you can join.

THE FIRST DEFINITIVE GUIDE TO OBTAINING A PUPILLAGE AT THE BAR OF ENGLAND AND WALES

■ Takes you through each step of the route topupillage from legal education through to theapplication process itself

■ Draws on the authors’ own personal experiences– between them they have attended over fortypupillage interviews

■ Brings together advice and pearls of wisdom fromover 50 contributors – from recently qualifiedbarristers through to senior barristers and judges– on everything such as what impresses them atan interview, to how to make the most of the BVC

■ Goes through the academic stage of training,looking at the pros and cons of the various variablessuch as a law degree verses a law conversion

■ Details the extra-curricular activities that studentsshould undertake in order to enhance their prospects

■ Discusses the vocational part of training – the BVC –and looks in depth at the four Inns


The Path to Pupillage £14.95A Guide for the Aspiring BarristerFebruary 2008, ISBN 978-1-847-03401-4

NEW!


WHAT’S THE POINT OF PRACTISING?However frenetic the build-up to the moot may be, you should block out sufficient time topractise your oral submissions. Practising yoursubmissions will increase your chance of successand enable you to get the most out of theexperience. The key objectives of practising your oral submissions are outlined below.

TIME YOUR SUBMISSIONSYou need to know how long your preparedsubmissions will last so that you can make surethat what you plan to say neither exceeds yourallotted speaking time nor leaves valuable timeunutilised. You should therefore time yoursubmissions when you practise them, preferablymore than once so that you can check forconsistency. If possible, use a clock that displaysseconds or, better still, a stop-watch.

After timing your submissions, you may findit helpful to record in your notes a few key“milestones” that you can then use during themoot to gauge the pace of your delivery. Forexample, you might mark the point in yournotes where you expect to reach the half-waypoint in your allotted speaking time. If, as youare delivering your oral submissions at themoot, you pass this point sooner thanexpected, you will know to slow down.

POLISH YOUR NOTESPractising your oral submissions will enableyou to improve your notes. If you have drafteda full speech, practising it should highlightany clumsy phraseology. If you have drafted

more truncated notes, running through yoursubmissions should tell you whether theyprovide the prompts that you need in order toremember the points that you wish to make.

FAMILIARISE YOURSELF WITH YOURSUBMISSIONSWhether you are relying on a full written speechor minimal notes, practising your submissionswill help you to remember them. That is not tosay that you should set out to memorise youroral submissions word-for-word. It is rather thatyou want to have as much of your submissionsas possible in your head so that you are notoverly tied to the page when you speak and canmake regular eye contact with the judge. Atthe very least, practising your submissionswill familiarise you with your notes and enableyou to find specific information in a hurry.

IMPROVE YOUR DELIVERYPractising your oral submissions should improveyour delivery in a number of ways. As youbecome more familiar with your submissions,you should be able to speak with a more naturalvoice, for example. Repeated practice will alsoidentify any potentially distracting verbal habitsor physical mannerisms, such as repeatingparticular words or clearing your throat withunnatural regularity. These idiosyncrasiescan be spotted and ironed out as you practise.

BUILD YOUR CONFIDENCEThe more that you practise your submissions,the more confident you are likely to feel at themoot. You will be more conversant with your

notes and will therefore be less worried aboutlosing your place. You will know your argumentsbetter too and should consequently feel moreable to defend them.

HOW TO PRACTISEYou can practise your submissions in a varietyof ways. Five different practice methods aredescribed below. Use as many of them as youcan as often as you are able. It is very hard topractise too much!

PRACTISING OUT LOUD ON YOUR OWNThis method is probably the most common wayof practising submissions. It involves runningthrough them in the speaking voice that you willadopt at the moot. You may well feel quite self-conscious when you practise in this way but it ishugely valuable, particularly for timing yoursubmissions, committing them to memoryand working on your delivery.

PRACTISING IN FRONT OF A MIRRORYou can take practising out loud a step furtherby standing in front of a mirror while you speak.What you will gain from this, apparentlynarcissistic, exercise is a very clear idea ofwhether you know your submissions wellenough to make frequent eye contact withthe judge. Practising your submissions infront of a mirror can also highlight mannerismsthat might not otherwise be apparent to you.You are likely to benefit most if you can use afull-length mirror that allows you to watchyour whole body as you speak.

If you are going to take part in mooting whilst at university, then practising your oral submissions should form a vital part of yourpreparations. The more that you practise, and the more effective your practising is, the more polished and persuasive your submissionswill be. Here, adapted from Mooting and Advocacy Skills, David Pope and Dan Hill explain why it’s important to practise your oralsubmissions and give advice on how to practise.

MOOTING – PRACTISING YOUR ORAL

HAVE A MOOTING QUESTION? NOW IS YOUR CHANCE TO ASK THE EXPERTSIn the next issue, Dan Hill and David Pope, authors of Mooting and Advocacy Skills, will be answering your mooting questions. To put a question tothem, simply email your question to [email protected] by the 30th November. Not all questions may be included andthose that are will be anonymous.

11

TOP PRACTICE TIPS■ Practise using all of the papers that you will have to marshall at the moot. You will lose time

whenever you move from one sheet of paper to another. Build that delay into your timing.

■ You will also lose time whenever you refer the judge to one of your authorities. Factor thishiatus into your timing as well.

■ The rules of the mooting competition will stipulate whether or not the clock stops runningwhen the judge asks questions. If it does not, you will need to allow sufficient time in youroral submissions for dealing with judicial interventions.

■ Try to run through your speech at least once in the actual moot courtroom or a room likeit. The experience will be considerably more authentic and, consequently, more helpfulthan practising at home.

■ Almost invariably, you will have to deliver your oral submissions standing up. So practisethem in that position, and not lounging on the sofa with a drink in your hand.

■ Force yourself to look up at regular intervals. The more eye contact that you can have with the judge, the more effective your oral submissions are likely to be.

■ As you practise, keep a weather-eye on the persuasiveness of what you are saying. You mayfind a point that looked convincing on paper but sounds hollow when you express it out loud.

This article is adapted from the first edition of Mooting and Advocacy Skills, by David Popeand Dan Hill, which is available fromwww.amazon.co.uk, www.hammickslegal.comand all good booksellers priced £18 [978-0-421-92470-3]

PRACTISING IN FRONT OF SOMEONE ELSEIdeally, you should practise your oral submissionsfor each moot at least once in front of someoneelse. This form of practice will provide an objectiveassessment of your performance. An observershould be able to give you valuable feedbackabout the persuasiveness of your argumentsand will be better than you at spotting anydistracting physical or verbal habits.

If possible, your audience should not be passive, butshould play the part of the judge and intervene withquestions of the type that the judge might ask atthe moot. You will then have an opportunity topractise responding to judicial interventionsand, in the process, to skip around your notes.

PRACTISING WITH AUDIO TAPES AND VIDEORECORDERSIf you have access to audio or video equipment,you may learn a great deal from recording apractice session. Listening to yourself on tape can be quite a disconcerting experience but it will get you used to the sound of your own voice.The experience will also highlight your “ums” and “errs”, as well as any words and phrases that you employ with irritating regularity.

If you can deal with the cringe-factor, watchingyourself on screen can be hugely enlightening. Itwill not only provide you with a good appreciationof what you look and sound like on your feet, itshould also give a sense of how engaging you areas a speaker. You will see quickly whether you lookas though you are reading a speech and you willspot any problems with your stance and delivery.Of course, you may also discover that you appearfar more accomplished than you actually felt whilethe tape was rolling.

PRACTISING IN SILENCEBy far the easiest way of practising yoursubmissions is to go over them in your head. This form of practice is perhaps best used forcommitting oral submissions to memory andfamiliarising yourself with the lay-out of your notes.

The beauty of practising submissions in silenceis that you can do it virtually anywhere and atalmost any time. You can even do it on publictransport. Just make sure that you do not moveyour lips too much or your fellow travellers maystart to question your sanity.

SUBMISSIONS


TWO ESSENTIALS FOR LAWSTUDENTS…

Skills… Techniques…Attitude…

everything the modernlaw student needs

The must-have, up-to-date

law directory

How to Study Law £17.95Legal Skills SeriesJuly 2005, ISBN 978-0-421-89380-1

Osborn's Concise Law Dictionary £10.95August 2005, ISBN 978-0-421-90050-9


13

When I was offered the role of StudentRepresentative in early September 2007 for the2007-2008 academic year I was really excited. I went to Sweet & Maxwell’s headquarters inLondon for my induction, where I met fellowReps from other Universities, LPC and BVCproviders. We spent a whole day learning how to navigate and use Westlaw UK, whichcontains both UK and international content.

HOLDING REGULAR CONTACT SESSIONSWhen I got back to University I hit the groundrunning. I met with our Law Librarian todiscuss how I could help my fellow lawstudents make the most of the university’saccess to Westlaw UK. Part of the role of a Rep is to hold regular contact sessions so Iadvertised these with posters and mailed all students inviting them to come and meetme. I made sure I attended all the inductionlectures for Freshers’ and inserted WestlawUK user guides into their welcome packs.

Though my training on Westlaw UK was veryextensive I was quite nervous before my firstcontact sessions. I was worried I would beasked questions I didn’t know the answer to,but I knew that Westlaw UK trainers wereonly an email away, or that I could use the24-hour helpline. The first students whocame to see me had no idea how to use theservice so this meant I sat with them andexplained how it worked, running throughsome example searches.

The regular contact sessions allow me togauge what students are struggling with.I often send out group emails to studentsguiding them on finding certain materials,particularly if I know it is something the entireyear will need to find for seminar preparation.

After the sessions I always encouragestudents to join the Westlaw UK/LawtelFacebook group which a lot of Kent studentshave done. It’s a great way for students toshare tips on using the service.

PROFESSIONAL AND SPECIALIST TRAININGSESSIONSMy contact sessions proved so popular lastyear that I decided to run some professionaltraining sessions, led by one of Sweet &Maxwell’s Academic Trainers. This involved me working with Sweet & Maxwell toorganise and advertise the sessions. Thefeedback afterwards was really good and I felt so pleased that I had not only done a good job but also helped out my fellow students.

This encouraged me to run specialised sessionsand I worked with the Sweet & MaxwellAcademic Trainers to come up with content and skills that we could teach to post-graduatestudents, property law students and studentswith a basic knowledge of Westlaw UK whoneeded a refresher session. In addition to theprofessional training and specialised sessions I continued to run my regular contact sessions.Some weeks no one would come but this wouldgive me time to plan specific demonstrations.

During the tail end of the academic year when students were getting busy with essays,dissertations and revision I tailored my contacthours. I would advertise some sessions as ‘find something special for your dissertation’ or ‘giveyour essay an international element’. >>>


HAVE YOU CONSIDERED WORKING AS A WESTLAW UKSTUDENT REPRESENTATIVE?

Westlaw UK has a network of Student Representatives in universities across the UK. But what exactly does being a Student Representative involve and how can you become one? Madelaine Power, Student Representative at the University of Kent, provides illumination on this rewarding role.

STUDENT REPS – WHO’S WHO■ BPP Manchester – Alex Payne

■ College of Law Bloomsbury – Henry Offord

■ College of Law Guildford – Rowan Binns

■ College of Law York – Nicola Stevenson

■ Oxford Brookes University – Jade Carter

■ Southampton Solent University –Tina Campbell

■ University College London – Robin Walker

■ University of Buckingham – Rodger Outten

■ University of Dundee – Harry Sheddon

■ University of Edinburgh – Stephen Allison

■ University of Hertfordshire – David Orchard

■ University of Kent – Madelaine Power

■ University of Liverpool – Hannah Brookfield

■ University of Manchester – Chantal Tuffet

■ University of Nottingham – Lee Bakewell

■ University of Portsmouth – Tom Storey

■ University of Sheffield – Laura Beardsmore

■ University of Sussex – Fleur Bassett

■ University of Westminster –Viviet Zvavamwe

■ University of Wolverhampton –Katarzyna Pilarska

This again proved to be popular and as students’ use of Westlaw UK grew Iencouraged them to come to me with specificquestions or topics to search for. I also madesure I didn’t do their research for them – Itaught them how to do it themselves!

AN EXCELLENT JOB AND GOOD EXPERIENCEI really enjoyed the job during the 2007-2008academic year – so much so that I amcontinuing as a Rep at Kent again this year.The research skills I have learnt have helpedme greatly with my own studies. Helpingother students and promoting Westlaw UKwithin my University has made me moreconfident and definitely more creative intrying to help students realise how the servicecan help their research. It has also increasedmy profile within my University and I amknown to the majority of law students, even ifit is as ‘the Westlaw UK Rep’. It also allowedme to build a relationship with academics –who sometimes need help developing theirown research skills believe it or not!

In the next couple of months I am undertakingtraining on Lawtel which is another onlinesearch service offered by Sweet & Maxwell. I can’t wait to utilise this service for my ownstudies and to bring another legal informationsource to the students.

I cannot encourage anyone enough to apply forthe job of a Westlaw UK Student Rep. It definitelykeeps you on your toes and helps you with yourown studies as well as helping the studies of your fellow law students. All whilst being paid!

If you are interested in learning more about the role please contact Cheza Ross by email at [email protected].

THE DO’S AND DON’TS OF ADVOCACY EXPLAINED

■ Provides you with punchy advice and insightfulcomments to equip you with all the skills you need to be effective in court

■ Explains the art of persuasiveness, how to makeconvincing speeches, and effective cross-examination

■ Describes well-established techniques and exercisesused in court for constantly improving questioning and witness control

The Devil's Advocate £14.95April 2005, ISBN 978-0-421-91480-3

Available from www.amazon.co.uk, www.hammickslegal.comand all good bookshops

YOUR LEGAL RESEARCH MADE EASIER

■ Presents the information in a step-by-step format, leading you through the world of legal research from using a law library tosearching online

■ Incorporates examples of Law Reports, Acts, Halsbury's, Current Law, Hansard

■ Explains how to research EU and ECHR materials

■ Includes web shots from key online sources

■ Features Tip Boxes highlighting important points to remember

■ Includes abbreviation lists of Law Reports, Series and Journals

■ Summarises sources for English Law and online sources of Scots and Northern Ireland Law

Researching and tracing information is an essential skill you need to master if you want to succeed both in your studies and in your future career.

Effective Legal Research is a practical guide to researching or tracing legal information effectively and to use it with confidence.


Effective Legal Research £16.95Legal Skills SeriesMarch 2006, ISBN 978-0-421-92270-9


As a law student, you will be expected to doa number of different things: attend classesor lectures, prepare work for discussion intutorials, seminars or classes, and write essays.Often you will be given several of these tasksat once.

Clearly you cannot do them all at the sametime. You will have to plan carefully, workingout how much time is available in total,identifying what you need to do, how long it takes and when you are going to do it, sothat you can complete all the tasks before the deadline.

To help plan your time, buy a diary. To beeffective, your diary needs to contain acomplete record of what you have to do.You need to carry it with you and add newappointments as you make them. Youcould start by putting in all your academiccommitments – lectures, tutorials/seminars,deadlines for coursework and so on. Then youcan add other commitments as they come up.

”It is counterproductive to set yourselfa deadline that you cannot possibly

hope to meet. Many activities will takelonger than you think.”

MAKE LISTSMake a list of all the things you have to do.There will probably be more things on your listthan you have time to do, so you will have toprioritise the list, deciding what you need todo very soon, and what you can do later.

Think about the best order in which to dothings. Make a list of those things that youmust do, like attending compulsory classes,and other tasks which have to be completed bya particular deadline, such as preparation foressays or tutorials. Next, make a list of othertasks that are important, such as getting arepair kit for your bike. The next list can be forthe things you would like to do fairly soon, suchas going round to see friends.

Finally, there are a number of things that youwould like to do at some point when you havethe time, such as writing to your brother;these can go last on your list. Use the listsyou make to keep track of your progress,

crossing out the things that you havecompleted, and highlighting things

that still need to be done.

HIDDEN TIME CONSTRAINTSYour time management

can be upset by thearrangements made by

your institution. It is allvery well planning todo lots of research foran essay during thevacation, but not ifthe library is going to be closed for three weeks.

Equally, you may come across the problemof ‘bunched deadlines’, where several of thecourses you are doing require assessed workto be handed in on the same day. You canalleviate these problems by finding out aboutthe library, computers and other supportservices well in advance and by asking tutorsto give you assignments in good time, but youmay not be able to overcome such difficultiescompletely. If you are used to planning yourtime, however, you will be able to deal withthe resulting pressure on your time muchbetter than someone who has given nothought to such problems.

Create a physical space where you can beundisturbed, where you can have all thethings you need conveniently to handand where you can read and take notescomfortably. Organise your notes and yourcourse materials for each course that youstudy – use different coloured folders orring-binders for each one. Think about thebest times for you to work – in the mornings,or in the evenings?

BE REALISTICAlthough you will often be working todeadlines imposed by your tutors, it will be up to you to organise your time aroundthose deadlines. Be realistic about how much time you need to set aside in order tocomplete your essays or tutorial preparation.It is counterproductive to set yourself adeadline that you cannot possibly hope tomeet. Many activities will take longer thanyou think; for instance, some law students are surprised how long it takes them to dothe research for an essay!

TIME MANAGEMENT –ARE YOU A SATURDAY MORNING OR S

Time management is one of the most useful skills you can learn. It will not just be useful whilst you are a student, but it is a transferableskill because it can be used throughout the rest of your life. Here, from How to Study Law, is advice on effective time management.

“Be realistic about how much time you need to set aside in

order to complete your essays or tutorial preparation.”

17

When you are planning your time, you needto be realistic about your own strengths andweaknesses too. If you are the sort of personwho can stay in and write your essay on aSaturday afternoon when all your friends aregoing out together, that’s fine. On the otherhand, if you are the sort of person who cannotwake up before midday, it is unrealistic to planto write your essay at 8.30 in the morning.

If you do not allow yourself sufficient time to dosomething, you may start to feel depressed andfrustrated. If your schedule is realistic, you willgain satisfaction from knowing that you haveachieved what you set out to do. Of course,everyone underestimates the time they needsometimes, but you should try to avoid thishappening to you too often.

Don’t leave things to the last minute. Thisespecially applies to preparation for tutorialsand seminars, and the research you will needto do for assignments. If you leave things to thelast minute, you may well find that most of thebooks and articles you need to use have alreadybeen borrowed by other students. You cansometimes rescue the situation by finding theinformation you need elsewhere, but it takes a lot of thought, time and energy.

SATURDAY AFTERNOON PERSON?


10 TIPS FOR TIME MANAGEMENT1. Keep a diary of what you have to do

2. Make a list of all the things you have to do

3. Keep track of your progress, crossing out the things that you have completed

4. Think about the best times for you to work – mornings or afternoons?

5. Create a physical space where you can work without being disturbed

6. Be realistic about how much time you need to set aside in order to complete tasks

7. It is counterproductive to set a deadline that you cannot possibly hope to meet

8. Don’t leave things to the last minute

9. Don’t try to study for long periods of time without a break

10. Plan to ensure that you have some time off each week

This article is adapted from the fifth edition of Howto Study Law, by Anthony Bradney, Fiona Cownie,Judith Masson, Alan Neal and David Newell,which is available from www.amazon.co.uk,www.hammickslegal.com and all goodbooksellers priced £17.95 [978-0-421-89380-1]

KEEP A SENSE OF PROPORTIONDon’t try to study for longperiods of time without abreak. You will find thatmaking a coffee, going for a brief stroll or reading anewspaper for ten minutes in between periods of studyhelps you relax and enablesyou to extend your total period of study. Similarly, plan to have some time offeach week. The aim of organising your time isto allow you to plan your academic work to thebest of your ability, but also to have some timeleft over and do all the other things you wantto do, including to enjoy yourself and to relax.

PROFILE I am currently a trainee in the Banking &Finance practice, my third seat at CliffordChance. My first seat was in the Corporatepractice's Private Equity Group and my secondseat was in Public Policy, Clifford Chance'sgovernment affairs practice. I am spendingmy last seat with the Corporate practice'sPrivate Funds Group. Prior to joining CliffordChance in February 2007, I read Law atCambridge University and then completed theLPC in Oxford. After the LPC, I took six monthsout, working for an MP and travelling. I amcurrently Chair of the Firm's TraineeCommittee in London.

A VARIED AND INTERESTING WORKLOAD Trainee work involves great variety: talking toclients, legal research, managing parts of thedeal, helping other lawyers, and more. Duringmy first seat I was in charge of incorporating aSwedish shelf company for a client in London, as part of a large corporate deal taking placein America. Straightaway I was working acrossthree time zones, with colleagues from differentdepartments in London and New York, and alsogetting a lot of client contact. It meant somevery long days, but I enjoyed it and was pleasedto have been given the responsibility. Working as part of the deal team on other transactions, I have had to research UK tax law, draft andreview documents, file documents at CompaniesHouse, and act as a contact point for clientsand other law firms.

Under SRA rules, all trainees must gainlitigation experience during the trainingcontract. I was fortunate to complete a seat inour Public Policy Group, which brings togetherthe Firm's legal (especially litigious) knowledgeand policy expertise to help our clientsunderstand and adapt to changes in laws thataffect them. I was responsible for drafting a4,000-word briefing which summarised theprevious week's main political events, listed

what was happening in Parliament the followingweek and collated information about importantpublic appointments, announcements,consultations and publications. I sent it to over900 clients by e-mail each week. It was a veryinteresting project to lead for 6 months and agreat way of keeping up with the news.

I was also involved in two topical cases. Firstly,the attempt to overturn the ban on foxhunting,which went all the way to the House of Lords,where my role was to research Law Lords'judgements and advise on Parliamentaryprocedure; and secondly I also assisted with the Firm's work in relation to the nationalisationof Northern Rock, where I monitored thepassage of relevant legislation.

Clifford Chance is the only Magic Circle lawfirm with a public policy group, and during my seat I was also involved in advising onjudicial review, freedom of information and developments in EU, UK and US lawregulating the activities of political lobbyists,as well as monitoring draft legislation. I alsohelped to prepare clients, who had been askedto give evidence to Parliamentary committeesabout their commercial activities, by givingthem advice on matters such as what toexpect at committee hearings and how to best respond to questions.

CLIENT SECONDMENTAs part of my Banking seat, I spent threemonths on secondment at Barclays Capital(BarCap), the investment banking arm ofBarclays Bank, one of the Firm's biggestclients. I sat with one of BarCap's in-houselegal teams, and was responsible for draftingand reviewing legal documents such asconfidentiality agreements and assistingbankers with their transactional work, forexample by conducting commercial research,and referring questions back to my bankingcolleagues at Clifford Chance.

LIFE AS A TRAINEE SOLICITORIf you’re considering a career as a solicitor you’ll need to undertake a training contract. Alan Mak is nearing the end of his trainingcontract with Clifford Chance. In the following article he explains how he’s made the most of the experience and how it has helped him prepare for his career as a solicitor.

19

My time at BarCap gave me the opportunity tobetter understand our client's business, especiallyin terms of how they operate, what their goals are,and how we, as their legal advisors, can help themin achieving those goals. I met a wide variety ofBarCap employees, ranging from juniors on their

graduate programme tosenior management,

and this allowedme to build

some strong

relationships, which I hope to maintain. On a day-to-day level, I acted as a link between the bankingdepartment back at Clifford Chance and BarCap,keeping both parties updated on what the otherwas doing, and helping the client as much as Icould, for example sending some researchmaterial from our knowledge bank to a seniorBarCap lawyer who needed help preparing apresentation on cross-border banking regulation.

BEYOND FEE-EARNING WORK Working as a trainee at any law firm – large or

small, in the City or in the regions – willinvolve taking on your fair share of

drafting, proof-reading, bibling,bundling, and document

management, but

it’s important that you get involved in these tasks,as they will give you a better understanding ofhow transactions work at their simplest level,especially when you are joining a newdepartment. And if you show that you can dothese basic tasks well, you will gain the trust ofyour supervisors, who will feel confident in givingyou more advanced work and responsibility. Getthe basics right, then build from there. But thereis more to life as a trainee than fee-earning work and getting involved in pro bono, businessdevelopment and sports and social events willmake your training contact experience all themore enjoyable.

An important factor that led me to join CliffordChance was its commitment to pro bono workand supporting community projects. Last year,more than half the lawyers in the London office,including trainees, were involved in pro bonoprojects, and it’s a great way to give back to thecommunity and develop legal skills. Across anumber of seats, I've worked on cases for theNational Autistic Society (NAS), helping parentsto challenge local councils' decisions in relationto providing support for children with specialeducation needs. The Firm also supports myrole as a governor of a local primary school nearthe office, and I mentor a sixth form student whois interested in a legal career, meeting hermonthly to help her with her UCAS application.

I've also been involved in a wide range of businessdevelopment work. For example, I've helped towrite a "pitch" document for a potential newclient, which is a booklet setting out what servicesthe Firm can provide, and how we think we canhelp them achieve their commercial goals. We'llbe doing more and more business developmentwhen we're qualified lawyers, so it's been greatto have had the opportunity to contribute as atrainee. I have also helped with graduaterecruitment events, for example attendinglaw fairs and on-campus presentations.


I spent the four months leading up to January 2008 organising a drinks reception to launch the Law Society's new representative body fortrainees and junior lawyers – the Junior Lawyers’Division (JLD). This was hard work, but a veryfulfilling experience, and over 120 guestsattended what was a successful event at ourLondon office. One of the great things aboutbeing a trainee, especially here, is that if youwant to take on more responsibility and showinitiative, your partners will support you.

THE OPPORTUNITY TO WORK WITH OTHER OFFICESWorking for a large international firm has alsogiven me opportunities to work with lawyersfrom offices around the world, and to travel.Almost all my client work has a cross-borderelement. Not only have I formed good workingrelationships with colleagues from ourinternational offices, I have also visited othertrainees and lawyers on secondment, forexample in Paris, Madrid and New York.

Firm-wide events that bring together colleaguesfrom different offices, such as the hockey "worldcup" held last year in Madrid, have also allowedme to meet colleagues from other offices. I havebeen lucky enough to spend long weekends in

Berlin, Madrid and Cannes with the Firm onteam-building retreats. I am looking forward tospending three months on secondment inAmsterdam later this year. Apart from allowingme to get closer to a client I have been workingfor in London, it will also allow me to meet newpeople, explore a new city and prepare for life asa qualified solicitor…

CONCLUSION – A FULFILLING EXPERIENCEI've thoroughly enjoyed my training contract.Excellent on-the-job training, great workopportunities, meeting colleagues from aroundthe world, international travel, and above all,being given real responsibility and valued as animportant team member have made the last 18months an exciting and challenging experience.I've developed not just my legal skills, but widerbusiness skills like project management,budgeting, team-working and networking, which will be useful as I progress in my career.

Time spent on the training contract is as muchabout becoming a good, well-rounded client-focused lawyer as it is about just developing goodlegal knowledge. It is a great opportunity to getinvolved in a diverse range of work as you movethough different departments, hone yourtechnical skills such as drafting, build stronger

relationships with colleagues and clients (athome and abroad), and gain wider business skillssuch as networking and project management.Above all, it’s an enjoyable, challenging andfulfilling experience that will equip you to meetthe challenges that you will face when you qualify and to make the most of the great opportunities.

International law firm Clifford Chancecombines the highest global standardswith local expertise. Leading lawyers fromdifferent backgrounds and nationalitiescome together as one firm, offeringunrivalled depth of legal resources acrossthe key markets of the Americas, Asia,Europe and the Middle East.

The firm focuses on the core areas ofcommercial activity: capital markets;corporate and M&A; finance and banking;real estate; tax, pensions and employment,and litigation and dispute resolution.

Through a strong understanding of clients'cultures and objectives, Clifford Chancedraws on the full breadth of its legal skills to provide results-driven,commercial advice.

book

s...

and a

grea

t

deal

mor

e

www.jscampus.co.uk

Law bo

oks f

rom

a ca

mpu

s nea

r you

www.jscam

pus.c

o.uk

Regu

lar fe

atur

ed of

fers

Full r

ange

of tit

les

Quick d

elive

ry

MAKE A SUCCESS OF LEGAL WRITING

■ Uses worked examples and exercises to guide you through the legal writing process

■ Focuses on improving writing skills in bothassignments and exams

■ Contains shaded tip boxes highlightingimportant points to remember

■ Provides questions and reflective exercisesto help you assess your progress and identifyyour learning needs

■ Presents the information in a step-by-step format,leading you through the world of legal writingfrom understanding good and bad writing toassessing your own strengths and weaknesses

■ Details at the start of each chapter the keylearning points and rounds each chapter off with a brief summary of what’s been learnt

■ Supplies answers to frequently asked questionsthroughout the work


Successful Legal Writing £16.95Legal Skills SeriesSeptember 2006, ISBN 978-0-421-96120-3


THE LEGAL INDUSTRYSTAYS BUOYANT IN THEECONOMIC DOWNTURN

The 2009 edition of Top Legal Employers,published by Sweet & Maxwell, has uncoveredan industry continuing to do well despite aneconomic downturn, and increasingly willing toshare its success with its employees.

Legal firms have suffered an image problem in the past – perceived as stuffy,old-fashioned businesses that not only failedto move with the times, but also frequentlyworked their staff through the night withlittle regard for the all-important work-lifebalance. But much has changed.

The picture of law firms as preferredemployers is highlighted by the economicenvironment in which they are currentlyoperating. Going into the latter half of 2008,the economy is not at its best but asthe newspaper headlines shout aboutimpending doom and gloom, the country’slegal industry continues to deliver strongresults and talk of ambitious growth plans.

The legal market is one of the UK’s strongestexports, as British law firms prosper both at home and abroad, and whilst a dippingeconomy is good news for no-one, the majorityof the firms profiled on the pages of Top LegalEmployers 2009 show only respectful signs ofconcern. Whilst it is undoubtedly the case thatthose firms that are heavily dependent on thedomestic property market, for example, arehurting, the truth is that most law firms inthis country are now diversebusinesses that have learntfrom past recessionsand structuredtheir practicesaccordingly.

The financial results announced by the UK’s top 100 law firms in May 2008 makeoptimistic reading: despite nine months havingpassed since the onset of the so-called CreditCrunch, many firms recorded double-digitincreases in both turnovers and profits. TheLawyer magazine reported in July that the UK’stop 30 law firms have increased revenues by noless than 145% since 2000, generatingfees in 2008 of £10.5 billioncompared to £4.3 billion eightyears ago. Profits tell a similarlyoptimistic tale, up 93% so thatthe average equity partner inthe top 30 now earns£765,000 a year.

A number of firmsattributed their successesto the diversity of theirbusinesses, many ofwhich are nowinternational in reach,and have remained busyin areas such aslitigation, employment,private client, intellectualproperty and regulatorywork even whilecorporate and real estatehas suffered.

In spite of the Credit Crunch the legal industry continues to do well. In the followingarticle, Claire Smith, Editor of Top Legal Employers 2009, looks at the legal industryand why its robustness still makes it a good career choice for you.

The good news for potential employees of lawfirms is that as profits continue to rise, thelegal industry has not shied from sharing itssuccess with its employees. In 2008, theAssociation of Graduate Recruiters (AGR)published an annual survey of graduatesalaries, and found that trainee solicitors hadovertaken investment bankers for the firsttime to become the highest paid graduates inthe country. The average starting salary fornew lawyers was £36,500 in 2008, comparedto £35,000 at investment banks and fundmanagers. Most law firms increased theirstarting salaries in 2008 despite widereconomic concerns.

The law remains a highly competitiveindustry to get into, with the AGRreporting an average of 26 applicants for each job. But the Credit Crunch hasdone nothing to reduce the number of graduate positions available, withthe report showing that there will be12% more vacancies for universityleavers in 2008 compared to 2007.

>>>>


AN INSIGHTFUL, MUST-HAVEINTRODUCTION FOR ANYONE WISHING

TO STUDY LAW EFFECTIVELY

■ A must-have book for every law student and for anyone considering a career in the law, about to study for a law degree or law module of a non-law degree

■ Gives an overview of the English legal systemin a clear and accessible style

■ Explains how to interpret statutes and how thesystem of precedent works

■ Introduces legal problems that you are likely tocome across and explains how best to tackle them

■ Goes through legal research and how best to undertake it

■ Offers you advice on study methods and exampreparation in order that you make the most ofyour time

■ Gives guidance on how to prepare for and takepart in moots and mock trials

Glanville Williams: Learning the Law £12.95August 2006, ISBN 978-0-421-92550-2


Top Legal Employers 2009 profiles a total of 24 lawfirms who can be considered the cream of the crop,evaluating each of them on the basis of theirperformance in terms of compensation, careerprospects, working environment, innovation, corporatesocial responsibility, governance and environmentalfootprint. Each criteria is given a weighting, and only the top performers make it into the guide.Sweet & Maxwell has worked in conjunction with anindependent research company, CRF, to identify firmsthat stand out from the pack. Then, a top research andwriting team combined qualitative and quantitativeresearch with articles from leading opinion formers toproduce a truly unique and informative publication.Top Legal Employers 2009 is available in print fromSweet & Maxwell, priced £19.99. Ratings from Top LegalEmployers 2009 are also free to view on Legal Hub(www.legalhub.co.uk), together with further articles.

The legal industry has one other crucialadvantage over the investment banking worldwhen it comes to career choice, and that is thelongevity of its recruitment strategies. During thecourse of 2008, layoffs by the world’s big banksbecame a regular feature, with Citigroup just oneof the firms that in June announced plans to cutits 65,000-employee global investment bankingdivision by 10%. Law firms have in the past maderedundancies during economic downturns, butsuch moves are now rare as a result of thedifficulty firms face when trying to re-recruitskilled staff as the market picks up.

All in all, the UK legal industry has rarely beenin better shape, and the competitive natureof the race for bright employees can onlybe a boon for those looking to enter theprofession. Law firms have become moresophisticated in their recruitment initiatives,with issues such as diversity, flexible working,alternative career paths and corporate socialresponsibility now taken far more seriously.

Major organisations such as Barclays Bank are increasingly calling on their law firms to beproactive about their diversity initiatives, andthose push factors mean firms can rarely getaway with the age-old excuse of simply hiringon merit. Proactive efforts to make theprofession more accessible to candidatesfrom minority backgrounds are now morecommon, and The Law Society published its first diversity charter in 2008 to demanddetailed statistics on age, gender, race,sexuality, disability and religion from law firms.

The last 12 months have also seena number of law firms making considerableheadway on the thorny issue of offeringalternatives to partnership for bright lawyerswho, for whatever reason, do not want tobecome partners. Whilst the profession hashistorically operated an up-or-out philosophy,such that those who were not interested incommitting to partnership were often leftwithout a role, things are moving forward andmany firms now offer counsel or director rolesto good people that they don’t want to lose.

Finally, the legal industry has been movingquickly in the area of Corporate SocialResponsibility, as the profiles in the pages of Top Legal Employers 2009 detail. No longercontent to give a nod to the occasional pro bonoproject and make efforts to recycle paper, firmsare now frequently publishing detailed CSRreports on their websites, working closely withtheir communities on projects that genuinelymake a difference, and taking theirenvironmental footprint far more seriously. As the UK economy enters tougher times, theBritish legal industry has rarely been in bettershape. The firms profiled in Top Legal Employers2009 are the best of the bunch when it comes totreating their employees properly: they will onlyconsider first-rate applicants, and they expectjoiners to work hard. Nevertheless, these firmsall go the extra mile to counter overwork andto inject some fun and friendliness into theirworking environments, and that work-hard, play-hard mentality is to be encouraged now more than ever.

THE IMPORTANCE OF ATTENDING LECTURESIn the Middle Ages lectures were necessarybecause of the shortage of books. Now thatprinting has been with us for some hundreds of years, that many lecturers provide verycomprehensive handouts and that the internetis developing apace, is there any need tocontinue the lecture system?

Perhaps the only comprehensive answer to this complex question is that it depends upon the particular lecturer and the particularlectures. You should soon appreciate that not all lecturers are seeking to achieve precisely the same objectives in the course of a lecturesession. If you start with the assumption thateach lecturer is determined to provide you with a set of perfect notes, with the aid of which youwill be equipped to sail through theexamination, you will be sorely disappointed.

But, speaking generally, lectures may be said to possess several merits as a means of instruction. They can quicken interest. Tolisten to even a competent lecturer makes awelcome change from the reading of books.Some lecturers seek to help an audience bygiving the ‘‘basis and essentials’’ of the subject,elucidating the broad principles and indicatingwhat is matter of detail. It is possible to dwell onthe parts of the subject that experience shows to cause special difficulties. Another point infavour is that by varying the emphasis the lecturercan be more readily understood than can thetoneless words of a book. Finally, the lecturer canbring textbooks up to date, and in a smallish classcan solve individual difficulties through interactionand discussion.

TAKING NOTES You will in time develop your own system of note taking, but there are some well-established systems, such as the ‘‘Cornell’’system for taking notes and subsequent study.

This suggests that you should draw a verticalline about 2 inches from the left hand edge ofthe paper, using the right hand side to ‘‘record’’the lecture itself, and the left for ‘‘recall’’purposes subsequently. That is, the lecture iscaptured in general idea rather than detail andthe key ideas can be summarised and reflectedupon later in the recall column.

Some lecturers regard it as their sole function tostimulate and inspire; oblivious, perhaps, to theold Chinese proverb that ‘‘the palest ink is worthmore than the most retentive memory’’, they donot particularly want notes to be taken. Certainlyit is a great waste of time to sit through theaverage lecture making notes mechanicallywithout thinking what they are about. Eitherconcentrate on the lecture and rely upon yourbooks for acquisition of facts, or form the habit of taking notes (using a lap-top if you aresufficiently familiar with the operation of such a machine as not to be distracted by it, and youcan do this without distracting others) and at the same time following the line of argument.

It may set an edge upon your attention if youimagine that you are due to be tested in thesubject immediately after the lecture. Anotherinestimable habit is of spending a part of eachevening reading through all the notes taken inthe day. It need hardly be added, after what hasalready been said about transcription, that themaking of a fair copy of one’s own lecture notesis a dismal waste of time.

USING SHORTHAND Some lecturers are blamed for saying too manyvaluable things in too short a time, makingit difficult for the pens of their audiences(particularly those not used to note-taking) tokeep pace. Often, you will find that the lectureris in fact making the same (or a very similar)point but in different language, in order to getthe idea across. But if you are not used to taking

notes in lectures, and if the lecturer is using ahandout and visual aids (such as a Powerpointpresentation), the difficulties of keeping trackare compounded.

One tip that might help to meet these difficultiesis to suggest that you use abbreviations. You candevise your own system, but might find that thefollowing are particularly useful:

In land law it is customary to refer to imaginarypieces of land as Blackacre, Whiteacre, etc. Theconventional abbreviations for these are Bacre,Wacre, etc.

Some traditional abbreviations make use of thestroke, ‘‘/’’. Apart from ‘‘a/c’’ (account), they allrepresent two words, the stroke being placedbetween the initial letters of each:

MAKING THE MOST OF LECTURES AND CLASSES

Attending lectures and classes is an important part of your legal education. Here, from Glanville Williams: Learning the Law, A.T.H. Smith explains how to make the most of them.

H husband W wife

T tenant L landlord

Er employer Ee employee

C claimant D defendant (in bothcivil and criminal cases)

A agent P principal

P purchaser V vendor

b/e bill of exchange

b/l bill of landing

b/n bank note

b/s bill of sale

h/p hire purchase

p/n promissory note


>>>

This method can, of course, be extended to othercommon legal phrases:

Alternatively the initial letters may be separatedby periods:

Or they may even be joined up:

Another traditional method of abbreviation is to write the first pronounceable part of the wordand then write the ending. Common examples of this method are assn for association, deptfor department and insce for insurance.

If you fail to catch or understand a particularsentence, most lecturers do not mind beingasked to repeat or amplify it. Exercise discretionin the matter. If you have missed the name of acase, and the lecturer has provided a handout, it may be better discreetly to ask a neighbour to point you in the right direction rather thandisrupt the flow of the lecture. Some lecturersinvite questions and argument; in that casesee that you play your part.

DISCUSSION CLASSESConsiderably more important than the averagelecture is the discussion class, generally calleda tutorial, class, seminar or supervision. And of discussion classes, the most beneficial arethose in which the discussion is centered onlegal problems. With regard to these classesmy injunctions are limited to two: first, attend

them, and secondly, prepare for them byattempting to work out the problems foryourself before the session.

Half the value of the exercise is missed if yousit supinely back and let the instructor orthe other members of the class address the

problems for you. The larger the group, theless likely it is that you will be pressed to

speak, and the more important it is thatyou should speak–if only in order tocultivate self-possession and to getused to the sound of your own voice in public.

Talking about your work, whether in class or withfriends, has the further very important advantageof helping the memory. To quote one of ourpsychologists:

‘‘Some form of action or of expression would seemto be essential to unimpaired retention. It seems thatgood conversationalists and great talkers generallyhave good memories. It is over-simple to supposethat this is due to the fact that, having goodmemories, they are well supplied with topics ofconversation. The reverse connection would seem to be involved. What is talked about is more firmlyimpressed upon the mind. Such men when theyread a book immediately discuss it with a friend,thus unconsciously employing the potent principleof active repetition.’’ C.A.Mace, op. cit. pp. 40–41.

THE HUMBLE NOTEBOOKIn conclusion, a few words on a comparativelyhumble matter, that of materials. The use of bound lecture notebooks is not to berecommended, because they are cumbersomeand inelastic. If you use such notebooks andhave three or four lectures to attend in amorning, this means a considerable weightand bulk to be carried about. Also, if you wantto expand the lecturer’s remarks with notes ofyour own you will find it difficult to do so withinthe confines of the notebook.

On both counts the loose-leaf system is greatlypreferable. The student who adopts this systemneeds to take to lectures only a single loose-leafnotebook, the day’s work being transferred tolarger specialised files in the evening. Notestaken down in this form can be rearranged and expanded at leisure.

This article is adapted from the 13th edition ofGlanville Williams: Learning the Law which isavailable from www.amazon.co.uk,www.hammickslegal.com and all good booksellers priced £12.95 [978-0-421-92550-2]

a/b act of bankruptcy

a/t abstract of title

A/P Act of Parliament

b/f bona fide

e/r equity of redemption

l/a letters of administration

n/i negotiable instrument

n/k next of kin

p/a power of appointment

p/p personal property, part performance

p/r personal representative

r/p real property

r/c restrictive covenant

s/g sale of goods

s/p specific performance

b.f. (p) bona fide (purchaser)

c.q.t. cestui que trust c.q.tt. cestuisque trust

p.f. prima facie

CPS Crown Prosecution Service

DPP Director of Public Prosecutions

29

UNDERSTANDING LAW SERIES

The Understanding Law Series is a collectionof introductions designed particularly withthe new law student in mind. Written in anengaging style that avoids unnecessary legaljargon, each text offers an overview of aspecific area of law, highlights the varietyof legal problems which legislation strivesto address and explains why the law hasevolved in its current form. These textsare ideal as pre-course reading for thenew law undergraduate and CPE student.

Titles include:

■ Understanding Law

■ Understanding Public Law

■ Understanding Contract Law

■ Understanding Criminal Law

■ Understanding Environmental Law

■ Understanding EU Law

■ Understanding Family Law

■ Understanding Property Law

■ Understanding Tort Law

TEXTBOOKS

Whether for your core or optional subjects, Sweet& Maxwell publish the ideal textbook for yourneeds in a range of different formats.

They include:

■ The Fundamentals Series – uses clear textcombined with charts, grids and diagramsto give you an understanding of thefundamentals of the law

■ Textbook Series – gives a clear and detailedaccount of the law - explains the principlesand how the law operates in practice – takesa clear, logical and progressive approach –provides sufficient depth of coverage andanalysis to act as the main course text

■ Cases and Materials Series – provides you with cases and the major statutory materialsin a particular field

■ Texts and Materials – gives you extracts fromoriginal material – both cases and academicarticles – along with expert commentary whichputs the material into perspective for you

■ Classic Textbooks Series – supplies you withdetailed coverage of the core subjects. Writtenin a traditional and straightforward way theyare essential reading

WHAT TYPE OF BOOKS ARE AVAILABLETO HELP WITH YOUR STUDIES?

Sweet & Maxwell publish a huge range of titles to help you all the way through yourstudies. From your first dip into a subject, to more detailed information to help youthrough your course, to easy-to-use revision guides to help ensure youare fully prepared for your exams.

In addition, Sweet & Maxwell publish a number of titles related to helping you with thegeneral aspects of your studying – such as Successful Legal Writing.

LEGAL SKILLS BOOKS

As well as helping you with the actualsubjects of your course, Sweet & Maxwellpublish a range of titles to help you with theskills you need to do well in your degree andin your future career. Checking out some ofthe Legal Skills titles available is a must:

■ Mooting and Advocacy Skills

■ Effective Legal Research

■ Successful Legal Writing

■ Glanville Williams: Learning the Law

■ How to Study Law

■ The Devil’s Advocate

■ Osborn’s Concise Law Dictionary

■ The Path to Pupillage: a Guide for theAspiring Barrister


Sweet & Maxwell books can be obtained from www.amazon.co.uk,www.hammickslegal.com and all goodbookshops.

The full range can be viewed on ouronline catalogue by visiting us atwww.sweetandmaxwell.co.uk/academic

Sweet & Maxwell have over 200years of experience in professionallegal publishing and we only publishlaw titles. Our unique specialisationin the legal field means that we offeryou unparalleled knowledge andexperience and products tailored tomeet your course requirements.

NUTSHELLS

Nutshells present you with the essentials of lawin clear, straightforward language, explainingthe basic principles and highlighting key casesand statutes. With model question and answersections included in each one, and at just £8each, you’ll find them to be the ideal meansof revising for your subjects. There areNutshells on all of the following areas:■ Constitutional & Administrative Law■ Medical Law■ Criminal Law■ Evidence■ Intellectual Property■ Tort■ A Level Law■ Commercial Law■ Company Law■ Consumer Law■ Contract Law■ Employment Law■ English Legal System■ Equity & Trusts■ European Union Law■ Family Law■ Human Rights■ International Law■ Land Law

NUTCASES

Another revision aid loved by students, Nutcases provide you with the basic facts and key principles of the important cases ineach area of law, in a clear, straightforwardlanguage. Cases are organised by topic areasillustrating key principles of the law. Factsand decisions are summarised concisely, andadditional commentary draws together majorthemes. At £8.50 each (except for NutcasesMedical Law which is £9.50), Sweet & Maxwellpublish them in a range of subjects:

■ Contract Law

■ Human Rights

■ Criminal Law

■ Tort

■ Constitutional & Administrative Law

■ Employment Law

■ Equity & Trusts

■ European Union Law

■ Land Law

■ Evidence

■ Family Law

■ International Law

■ Medical Law

You’ve got itcracked withSweet & Maxwell’s

Nutshells

Nutshells

■ Present the essentials of lawin clear and straightforwardlanguage, explaining thebasic principles

■ Include diagrams andflowcharts to illustratedifficult concepts

■ Contain an examinationchecklist

■ Provide sample questions with model answers

Also available is a podcast by MaureenSpencer, author of Nutshells: HumanRights. This and other informativepodcasts can be accessed by visiting

www.sweetandmaxwell.co.uk/podcasts


Commercial Law • Company Law • Constitutional & Administrative Law • Consumer Law • Contract Law • Criminal Law • EmploymentLaw • English Legal System • Equity & Trusts • European Union Law • Evidence • Family Law • Human Rights • Intellectual Property

Law • International Law • Land Law • Medical Law • Tort Law


You’ve got itcracked withSweet & Maxwell’s

Nutcases

Nutcases

■ Present the essential facts and key principles of the mostimportant cases

■ Use clear and straightforwardlanguage and summarise factsand decisions concisely

■ Break the subject down into key topics

■ Include additionalcommentary, explaining thedecision and implications

■ Fully indexed byindividual cases and topics

Also available is a podcast byRebecca Probert, author of Nutcases:Family Law; and a podcast byMaureen Spencer, author ofNutcases: Human Rights. These andother informative podcasts can be accessed by visitingwww.sweetandmaxwell.co.uk/podcasts


Constitutional & Administrative Law • Contract Law • Criminal Law • Employment Law • Equity & Trusts• European Union Law • Evidence • Family Law • Human Rights • International Law

• Land Law • Medical Law • Tort Law

law student issue 7 - sweet & maxwell · 2008-10-28 · sweet & maxwell 100 avenue road...

Documents