work experience in a legal firm - law society of ireland · 2019-11-06 · 1 work experience in a...

1 WORK EXPERIENCE IN A LEGAL FIRM A Guide for Students 2019

A GUIDE FOR STUDENTS

WORK EXPERIENCE IN A LEGAL FIRM

3WORK EXPERIENCE IN A LEGAL FIRM A Guide for Students 2019

CONTENTS

PAGE HANDBOOK

1 Introduction and General Guidelines

4 Areas of Law and Work within a Legal Firm

4 Ethics and Duties of a Solicitor

5 Confidentiality and Conduct

6 How to become a solicitor

PAGE LEARNING RESOURCES

7 Understanding the Courts System in Ireland

8 Construction and Jurisdiction of the Courts

8 Useful websites and research resources

PAGE TASKS

11 1. Preparation of a Watching Brief or Article

12 2. Accessing Court Judgements

13 3. Research Task - Examining a Book of Evidence

14 4. Conveyancing Task – View a folio on landdirect.ie

14 5. Conveyancing Task – Scheduling Deeds

15 6. Brief to Counsel

15 7. Probate

16 8. Communication Skills

17 9. General Office Tasks


INFORMATION AND GENERAL GUIDELINES

Welcome to your work experience within a legal practice. We

hope that this will be an informative and rewarding experience

for you. This booklet contains information relating to both the

legal working environment and the wider legal profession and

is aimed at students attending a firm’s office for the purpose of

work experience.

Students are expected to act in an appropriate manner during their time

in this office. All business conducted in a solicitor’s office is carried out in

strictest confidence Please read carefully the page in this booklet relating to

confidentiality and conduct.

Included in this booklet are a number of tasks designed to introduce you to

different areas of the solicitors practice, some or all of which you may be asked to

do during your stay in the office.

On your arrival in the office you will be introduced to all staff members. If you

have any questions please do not hesitate to ask us. We aim to provide you with

an insightful experience and we hope you enjoy your time here.


AREAS OF LAW - THE ROLE OF A SOLICITOR & THE FIRM

Each Solicitor in Ireland holds a practising certificate provided by the Law Society. The Law Society

of Ireland is the representative, educational and regulatory body for solicitors in Ireland and has

over 12,000 members.

Solicitors are trained legal professionals who assist clients with a wide range of legal services,

advice and representation. The work of a solicitor can vary greatly from case to case but common

areas of law are: Conveyancing / Property • Probate / Wills & Estates • Criminal • Personal Injury •

Family Law •Employment Law • Legal Aid • Business Law• Arbitration & Mediation

Most work undertaken within a firm is formatted within a solicitor’s client file. The smooth running

of a practice involves the recording of each interaction with a client into their respective file. Some

of the tasks that you may be asked to fulfil whilst completing your work experience are: hand

delivering documents, photocopying papers, opening files, attending Court with the solicitor if the

opportunity arises.

ETHICS AND DUTIES OF A SOLICITOR

In a Society founded on respect for the rule of law, solicitors fulfil a special role. Their

duties do not begin and end with the faithful performance of what they are instructed

to do so far as the law permits. Solicitors must serve the interests of justice a well as

the rights and liberties of their clients

The Guide to Good Professional Conduct for Solicitors in Ireland, 3rd Edition.

Solicitors are governed by both the ethical and moral obligations and their professional conduct

is derived from the statutory obligations of The Solicitors Acts 1954-2015 and various regulations

made under these acts. The legal profession and its regulatory framework hold at its core principles

upon which solicitors are expected to conduct themselves, for example maintaining client

confidentiality, the ability to identify and avoid situations of conflict of interest, professional

independence and honesty.


CONFIDENTIALITY AND CONDUCT

It is important that you read and understand the content of this document. These guidelines are

provided to ensure you have a fulfilling experience.

The aim of your work experience is to provide you with an opportunity to view at first hand

the working practices of a legal office and where the opportunity exists, that of the Courts.

Confidentiality is an important factor in the practice of law and forms a cornerstone of the trust

between a solicitor and their client.

Students are expected to treat with absolute confidentiality any information and knowledge

relating to the firm or the firm’s clients whilst on work experience, and this confidentiality will be

deemed to apply after the completion of the work experience.

Students are asked to dress appropriately in the event of a Court attendance or an offsite visit.

Students are requested not to leave the premises without notifying a member of staff.

Please sign at the bottom of this page to acknowledge that you understand what you have read and

you agree not to discuss or disclose any details arising from your attendance at the office .

Signed

Date


AREAS OF LAW - THE ROLE OF A SOLICITOR & THE FIRM

If you think you may be interested in becoming a solicitor you should visit the Law Society website

www.lawsociety.ie/Public/Become-a-Solicitor where information is provided on how to become a

solicitor.

In order qualify to become a solicitor you must follow the qualification process which involves

the following steps:

1. Preliminary Examination (for non-Graduates)

2. FE-1/Final Examination-First Part (entrance exam)

3. Find a Training Contract

4. In-office training (24 months in duration)

5. Professional Practice Courses (PPC I & PPC II)

6. Admission to Roll

Further information on the qualification process outlined above, along with the booklet

How to Become a Solicitor is available to download from www.lawsociety.ie.

https://www.lawsociety.ie/Public/Become-a-Solicitor/Preliminary-Examination/

https://www.lawsociety.ie/Public/Become-a-Solicitor/FE-1-Exam/

https://www.lawsociety.ie/Public/Become-a-Solicitor/#traineeship

https://www.lawsociety.ie/Trainees/In-office-Training/

https://www.lawsociety.ie/Trainees/PPC-Courses/

https://www.lawsociety.ie/Trainees/Admission-to-the-Roll/

https://www.lawsociety.ie/globalassets/documents/education/hbs/how-to-become-a-solicitor-2016.pdf


LEARNING RESOURCES

Understanding the Courts System in Ireland

Organisation of the Courts System

Construction and Jurisdiction of the Courts

Useful websites and research resources

Common Legal Terms

UNDERSTANDING THE COURTS SYSTEM IN IRELAND

In Ireland the Courts System is split into two types of cases: criminal or civil. It is important to

understand the difference between the two types of cases before the Courts

A criminal case is a prosecution by the State, usually by the Director of Public Prosecutions dealing

with cases where a criminal offence has been committed.

A civil case is a determination of a disagreement between two parties on any matter of fact or point

of law. A civil case is taken by one individual or party against another individual or party and is not

prosecuted by the State as a criminal case would be.

ORGANISATION IN COURTS SYSTEM

CRIMINAL CASES

DISTRICT COURT

CIRCUIT COURT

Central Criminal Court

Special Criminal Court

SUPREME COURT

COURT OF APPEAL

CIVIL CASES

DISTRICT COURT

CIRCUIT COURT

SUPREME COURT

COURT OF APPEAL

HIGH COURT


USEFUL WEBSITES

• www.lawsociety.ie/

• www.courts.ie/Judgments.nsf/Webpages/HomePage?OpenDocument

• www.prai.ie/land-registry-services/

• www.courts.ie/Courts.ie/library3.nsf/(WebFiles)/

A15BCA388D64C09C80257DFC003EA21C/$FILE/Explaining%20the%20Courts%20

Complete%20booklet%20for%20web.pdf

CONSTRUCTION AND JURISDICTION OF THE COURTS

SUPREME COURT

The Court of final appeal on civil, criminal matters and

constitutional matters.

COURT OF APPEAL

Deals with appeals in civil cases from the High Court

and appeals in criminal cases from the Circuit, Criminal and

District Court

SPECIAL CRIMINAL COURT

Established for the trial of offences in cases where

it is determined that the ordinary courts are

inadequate.

DISTRICT COURT

Civil Cases up to the value of €15,000 and criminal.

CENTRAL CRIMINAL COURT/CRIMINAL

DIVISION OF THE HIGH COURT

Has jurisdiction over serious crimes, murder, rape, treason and piracy.

HIGH COURT

Has full jurisdiction to deal with all matters of law, fact,

criminal or civil and has the power to determine constitutional matters.

CIRCUIT COURT

Deals with civil cases up to the value of €75,000,

Family Law, Criminal matters and appeals from the District Court on civil

and criminal matters


COMMON LEGAL TERMS

Below is a list of legal terms that you may come across throughout your work experience and these

explanations will assist you in understanding some legal documents more fully.

• Adjournment – The postponement of a court hearing to another date

• Administrator – A person appointed to manage the estate of someone who has died

• Affidavit – A written statement which is sworn to be true by the person who has signed it, and

used by solicitors to provide evidence to the court.

• Applicant – The person who has asked the Court to do something

• Attendance Note – A solicitor’s note outlining an attendance with a client or the instructions

received from the client orally.

• Bill of Costs – The bill which the solicitor sends to the client outlining the fees charged along

with details of any outlay and expenses the solicitor has paid on behalf of the client

• Brief – A note of instructions prepared by a solicitor for a barrister

• Case Law – Law that is based on the results achieved in previous court cases.

• Client File – The client file is a collection of documents, which document all correspondences

and communications with and on behalf of the client

• Client Management or Case Management systems – A case management system is a

computer database where a solicitor can log correspondence with a client and generate

documents which are saved directly to the database providing an electronic copy of the file

• Commissioner for Oaths – A person who has been appointed by the Chief Justice to administer

the swearing of an oath

• Conveyance – The name given to the document which transfers ownership of lands.

• Counsel – A terms used to refer to a barrister or a solicitor

• Estate – A accumulation of all that is owned by a person at the date of their death

• Executor – A person who has been appointed in a will to deal with the administration of an

estate

• Expert Witness – A person with specific expertise called upon to give evidence or an opinion in

court.

• Grant of Probate – A certificate received from the courts which provides that an executor/or

executors are entitled to deal with the estate.

• Injunction – An order of the courts directing a party to an action, to do, or refrain from doing

something.

• Judgement – The decision given by the court

• Order – A formal direction provided by a judge in writing

• Out of Court Settlement – An Agreement made by two persons to settle a matter before it

proceeds to the court hearing or before the provision of a decision by the court.


• Plaintiff – A person who goes to court to make a claim against another

• Pleadings – Witten statements submitted by one party to another setting out either facts or

arguments relating to a case before the courts

• Power of Attorney – A written authorisation providing authority from one person to another to

act on their behalf in certain circumstances.

• Right of Way – a legal right which allows the passage through land owned by another

• Settlement – An agreement reached

• Stamp Duty – Duty that is payable on the documents transferring property from one owner to

another, calculated on the value of the property

• Statute Book – A record of all the existing statutes in this jurisdiction.

• Summons – A written direction ordering the appearance of someone in court

• Title Deeds – A document which identifies who owns a property and any terms that apply.

• Vendor – A person selling a property

• Without Prejudice – without detriment to any existing agreement or contract

• Witness Statements – A signed written document which records the evidence of a witness

TASKS

1. Preparation of a Watching Brief or Article

2. Accessing Court Judgements

3. Research Task -Examine a Book of Evidence

4. Conveyancing Task – View a folio on landdirect.ie

5. Conveyancing Task – Registry of Deeds

6. Brief to Counsel

7. Probate

8. Communication Skills

9. General Office Tasks


TASK 1: PREPARE A WATCHING BRIEF OR AN ARTICLE DESCRIBING YOUR DAY IN

COURT

A watching brief is a document prepared by an observer who may have an interest in a

case but who is not a party represented in the matter. If you attend court during your

work experience you can use this document to help you record the information and

create a watching brief or an article describing your experience in court. The following

questions will assist you to obtain the information.

What is the name of the case?

Date:

In what court did the case take place?

Who was the judge?

Who else was present in the Court?

What type of case is it - civil or criminal?

Any questions you have for the solicitor:

Give a short summary of what occurred whilst you were present.


TASK 2: ACCESSING COURT JUDGEMENTS

www.courts.ie is the main website for the Courts Service of Ireland. You will find

plenty of information in relation to the working of the courts.

To access the information you need for this task you should log on to www.courts.

ie, select the language you want to use and then you will be directed to the home

page. Under the section marked ‘Online’ you will find judgements and determinations

section. Select a judgement.

Based on the judgement you have chosen, prepare a memo summarising the facts, the

court’s decision and the reasons for the decision.

Name of Case & Record Number:

Facts of the Case:

The Courts Decision:


TASK 3RESEARCH TASK: EXAMINE A BOOK OF EVIDENCE

The firm may have an old book of evidence which they can let you look at. A book of

evidence is a collection of documents handed to a defendant or accused person when

they are being charged with a criminal offence. The book of evidence contains all the

evidence which will be used against that person.

Read the book of evidence and compile a summary of the evidence. This summary

should include any relevant statutes or case law which may affect the case. Resources

such as the court website listed in Task 2 or the list of useful websites in the learning

resources section will be of use to you.

CONVEYANCING – TITLES AND FOLIOS

When solicitors provide services to clients on property transactions it is called

conveyancing. They prepare the documents to convey the title to another party.

The Property Registration Authority of Ireland (PRAI) is the state organisation

with responsibility for the registration of all property transactions in Ireland and

encompasses the Registry of Deeds and the Land Registry. The role of the PRAI is to

provide a system of registration which is easily accessible and comprehensive. The

PRA was established in 2004 and manages both the Land Registry and Registry of

Deeds. It can be viewed at www.prai.ie.

There are 2 systems of registration in Ireland

• Land Registry - under this system the title itself is registered. Every transaction

related to a Land Registry property is registered on a Folio.

• Registry of Deeds - under this system it is the individual deed which is registered

and most frequently applies to properties in urban areas, especially Dublin and

Cork


TASK 4CONVEYANCING TASK - LAND REGISTRY

You can access a folio through the Property Registration Authority website

www.landdirect.ie.

Your solicitor will give you a folio. On the PRA website, access the folio and take a

note of the following information which will give you a full view of the property history:

1. The folio number

2. The description of the related property

3. Is there reference to a map or land related to the folio number

4. Is there a name and address of the registered owner of the property

5. Are there any burdens registered against the property, for example; a mortgage,

judgement mortgage, right of residence.

TASK 5

CONVEYANCING TASK: REGISTRY OF DEEDS

The firm may be in a position to provide you with an Old Registry of Deeds title. This

will be a bundle of deeds affecting a property which was registered in the Registry of

Deeds.

Read through the deeds in date order and prepare a memo describing what changes

have occurred to the tile over the last 50 years.

A schedule of deeds is a document which will list out all of the documents that affect

this title. Prepare a schedule of the title deeds


TASK 6BRIEF TO COUNSEL

A brief to counsel is a type of memo with supporting documentation, providing

instructions from a solicitor to a barrister. The firm may be in a position to provide you

with an old brief to counsel in a civil litigation case. The information in the learning

resources section of the guide will explain to you how a civil case may proceed

through the courts system. When you have read the brief, summarise the main facts

of the case, the strengths and weaknesses of each side and list the steps you think

should be taken in preparation for the hearing.

TASK 7PROBATE

A will is a document which sets out how a person’s estate is to be distributed after

their death. A grant of probate is a document extracted from the Probate Office,

which is part of the High Court. The Grant of Probate will enable the estate to be

distributed. An Inland Revenue Affidavit is a document containing the details of the

deceased person’s assets and liabilities. In order to extract the grant the solicitor will

submit the Will, along with the Inland Revenue Affidavit and the relevant supporting

documentation.

Read the Will and Inland Revenue affidavit you have been given. Prepare a note

calculating the approximate share of each beneficiary before tax.


TASK 8COMMUNICATION SKILLS

When working in a legal firm it is important to develop the requisite communication

skills in order to ensure that the firm take the correct action on behalf of a client.

Based on the probate task competed in Task 7 you should prepare a draft letter

or email to the client or to a colleague outlining for them what is involved in the

examination of the file for the purpose of filling out the Inland Revenue Affidavit and

how you have calculated the approximation of each beneficiaries share under the Will.

When you are drafting correspondence to the client always include the following

information:

• The client’s name to whom you are addressing the letter

• The firm’s reference number for that file

• Tell the client what it is you are writing to them about

• Explain what the next course of action is that you are proposing to do on their

behalf

• Try to use the correct legal terms, if you are unsure what they are please ask or

refer to the information provided herein.

Similarly when drafting an email to a colleague always provide them with the client

file name and reference number.

You may be asked to research the next step in the transaction and the staff of the firm

can assist you with this or alternatively you can use the research resources outlined

earlier in the Guide.


TASK 9GENERAL OFFICE DUTIES

Undertaking how an office works is a valuable skill for any career. Whilst in the office

you may be allocated other tasks to complete whilst on your work experience, these

may include:

• hand delivering documents

• photocopying papers

• opening files using the firms file referencing system

• lodging documents to the Land Registry

• general administration duties.


NOTES


t +353 1 672 4800f +353 1 672 4801

e [email protected] www.lawsociety.ie

Blackhall Place Dublin 7

Published by the Guidance & Ethics Committee©Law Society of Ireland 2019

work experience in a legal firm - law society of ireland · 2019-11-06 · 1 work experience in a...

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