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CA PRACTICAL GUIDE TO LAWYERING SKILLS Second Edition Cavendish Publishing Limited London ? Sydney ? Portland Oregon C CA PRACTICAL GUIDE TO LAWYERING SKILLS Second Edition Fiona Boyle BSc Cert Ed Solicitor and Senior Lecturer in Law Deveral Capps LLB LLM Cert Ed Barrister and Principal Lecturer in Law Philip Plowden BA LLM Barrister Solicitor and Associate Dean all at the University of Northumbria Newcastle Upon Tyne Clare Sandford MA Cert Ed Solicitor and formerly Senior Lecturer in Law Cavendish Publishing Limited London ? Sydney ? Portland Oregon CSecond edition ?rst published in Great Britain by Cavendish Publishing Limited Cavendish Publishing Limited The Glass House Wharton Street London WC X PX United Kingdom Telephone Facsimile Email info cavendishpublishing com Website www cavendishpublishing com Published in the United States by Cavendish Publishing c o International Specialized Book Services NE Hassalo Street Portland Oregon ?? USA Published in Australia by Cavendish Publishing Australia Pty Ltd Barrenjoey Road Newport NSW Australia ? Boyle F Capps D Plowden P and Sandford C First edition Second edition All rights reserved No part of this publication may be reproduced stored in a retrieval system or transmitted in any form or by any means electronic mechanical photocopying recording scanning or otherwise except under the terms of the Copyright Designs and Patents Act or under the terms of a licence issued by the Copyright Licensing Agency Tottenham Court Road London W P HE UK without the prior permission in writing of the publisher British Library Cataloguing in Publication Data Practical guide to lawyering skills ?? nd ed Practice of law ??Great Britain I Plowden Philip II Boyle Fiona ' ' ISBN - - - CPREFACE Lawyering skills are increasingly part of the curriculum whether on undergraduate law degrees on joint honours degrees on the postgraduate diploma in law and most obviously on the postgraduate vocational law courses such as the Legal Practice Course LPC and the Bar Vocational Course BVC Once there was a view that the study of practical lawyering skills was somehow separate from and lesser than the study of ? proper ? law ??the ? Pericles and the plumber ? debate as it became known In other jurisdictions such as America and Australia that debate is now of historical interest only law is taught in all its formsthe academic the practical the socio-political the clinical No one form needs to be seen as more important than any other no one form needs to be seen as undermining the study of any other We hope very much that this book will contribute to that process in this jurisdiction This book is intended as a practical guide to the development of certain core lawyering skills for all students ??whether in the context of undergraduate or postgraduate courses We have been guided by the skills content of the two main postgraduate courses the LPC for solicitors and the BVC for barristers but we have tried to look more widely at the other skills that are demanded of those