External summary

The University of Edinburgh is one of six Scottish universities to offer a programme leading to the Diploma in Professional Legal Practice. This is a postgraduate programme of professional study required by the Law Society of Scotland and the Faculty of Advocates for all intending solicitors and advocates and must be completed before entering a traineeship. This programme is regulated and accredited by the Law Society of Scotland.

The Edinburgh experience is more commercially focussed than some of the other Scottish Institutions offering this qualification but equips all of our students with the necessary skills required to enter the legal profession.

Educational aims of programme

The main aims, as set out by the Law Society of Scotland, are to:

• develop the knowledge and skills learned on the LLB/LLB(Hons)/Foundation Programme;

• provide students with a platform to develop their legal knowledge, skills, attitudes and values in a situation where there is the opportunity to learn close to the world of legal practice through simulation but free from the implications of live fee paying client work;

• throughout the programme to develop a deeper knowledge and understanding of the law, sources of law, its application and integrate this with related legal and non-legal skills, all by way of pervasive and reflective consideration;

• work in partnership with the legal profession and other relevant professionals to provide a deeper knowledge and understanding and advancement of skills, behaviour and attitudes, in relation to the importance of professionalism, professional communication, personal relationships and team working, transactional research, interviewing, negotiation, use of technology and advocacy to produce more effective learning;

• enable and facilitate effective performance by students in a simulated environment and provide students with a working understanding of the legal regulatory framework and professional standards of conduct and ethics including (but not limited to): duties to the court, duties to the profession, the solicitor-client relationship, conflict of interest and confidentiality.

Programme outcomes: Knowledge and understanding

The structure of the Diploma has two sets of underlying learning outcomes prescribed by the Law Society of Scotland, all of which are compulsory.

These detailed Mandatory and Core outcomes of the Law Society of Scotland as set out in Appendix A of the Law Society of Scotland’s Professional Education and Training Stage 1 accreditation Guidelines (2009) pages 21-68 (inclusive) – see web link below. These outcomes fall into the falling broad categories:

Mandatory Outcomes: Private Client, Conveyancing, Litigation, Business, Financial and Practice Awareness and pervasive teaching of tax.

Core Outcomes: Professionalism, Professional Communication, Professional Ethics and Standards.

Knowledge and understanding

In addition to, and to facilitate the achievement of the underlying Mandatory and Core learning outcomes prescribed by the Law Society of Scotland, by the end of the Diploma, each student should be able to:

Programme outcomes: Graduate attributes - Skills and abilities in research and enquiry

In addition to, and to facilitate the achievement of the underlying Mandatory and Core learning outcomes prescribed by the Law Society of Scotland, by the end of the Diploma each student should be able to:

Programme outcomes: Graduate attributes - Skills and abilities in personal and intellectual autonomy

In addition to, and to facilitate the achievement of the underlying Mandatory and Core learning outcomes prescribed by the Law Society of Scotland, by the end of the Diploma each student should be able to:

Programme outcomes: Graduate attributes - Skills and abilities in communication

In addition to, and to facilitate the achievement of the underlying Mandatory and Core learning outcomes prescribed by the Law Society of Scotland, by the end of the Diploma each student should be able to:

1.  Understand different approaches to the theory of negotiation: explain the differences between co-operative, problem-solving, and adversarial negotiation, and the effects of each approach in practice; demonstrate differences between models in action.
2. Communicate with a client throughout a negotiation: be aware of and remain within boundaries of action plan agreed with client; take instruction from and advise client; negotiate aims with a client; have a clear sense of remit.
3. Plan a negotiation: identify factual and legal issues; understand client’s objectives and prioritise these; discern strengths and weaknesses in a matter, including BATNA; develop a plan of action based on a rational assessment of objectives, strengths and weaknesses.
4. Select strategies to conduct a negotiation: choose strategies that will achieve client objectives; modify strategies flexibly; create a structure that allows negotiation to take place in a coherent manner; be persuasive; use legal logic to further the client’s case; respond to offers and make concessions appropriately.
5. Negotiate according to the practice and conventions of at least one area of law: demonstrate an awareness of practitioner conventions and situated negotiation practice; know and use relevant procedural and substantive law to achieve client objectives.
6. Develop techniques for appraising and developing their own negotiating style: modify own practice in the context of feedback from tutors and peers; demonstrate improvement in practice throughout the span of the Diploma.
7. Introduce and conclude an interview effectively: meet and greet the client; explain the structure of the interview; demonstrate a courteous attitude to the client; draw the interview to a graceful close.
8. Conduct a client-centred interview: encourage the client to explain concerns; identify the client’s goals, and help the client define priorities among the goals; confirm his/her understanding of the client’s concerns sensitively; use listening techniques; obtain the client’s full instructions.
9. Use appropriate questioning techniques: use open and closed questions where appropriate; focus on a fact pattern without losing sight of the whole.
10. Determine what information is required from client or others: elicit necessary information from client; identify what further information is required, both factual and legal; identify where that information may be found.
11. Record the matter accurately: record all relevant factual, legal, procedural and evidential matters; note legal research to be carried out; note possible and actual courses of action; confirm client action and own action in retainer letter or precognition or other document.
12. Advise the client: assist the client to come to a decision regarding the best course of action, taking into account costs, benefits and risks; advise on both legal and non-legal courses of action; advise on a course of action (or give persuasive reasons for absence of advice); construct a feasible time scale for future action.
13. Deal with appropriate professional and ethical issues during and after the interview: identify conflicts of interest and other ethical dilemmas; keep information confidential, identify unethical modes of action and deal appropriately with these.
14. Develop techniques for appraising and developing their own interviewing style: modify own practice in the context of feedback from tutors and peers; demonstrate improvement in practice throughout the span of the Diploma.
15. Write accurate and grammatically correct letters or reports that achieve their purpose: ensure that the documents achieve client goals; perform client, supervisor or tutor instructions; seek information; communicate only relevant information; relate appropriately to other documents or advice.

Programme outcomes: Graduate attributes - Skills and abilities in personal effectiveness

In addition to, and to facilitate the achievement of the underlying Mandatory and Core learning outcomes prescribed by the Law Society of Scotland, by the end of the Diploma each student should be able to:

1. Develop techniques for appraising and developing own interviewing and negotiation style: modify own practice in the context of feedback from tutors and peers; demonstrate improvement in practice throughout the span of the Diploma.

2. Demonstrate and understand the importance of honesty, integrity and civility towards colleagues, clients and the courts: relate to colleagues on the Diploma with civility; treat tutors, administrative staff and others with respect and demonstrate awareness and developing understanding of the lawyer’s duties to the court.

3. Develop techniques for appraising and developing their own writing and drafting styles: modify own practice in the context of feedback from tutors and peers; demonstrate reflection and improvement in practice throughout the span of the Diploma.

4. Develop techniques for appraising, developing and reviewing their own style of personal organisation and time management.

Programme outcomes: Technical/practical skills

In addition to, and to facilitate the achievement of the underlying Mandatory and Core learning outcomes prescribed by the Law Society of Scotland, by the end of the Diploma each student should be able to:

1. Write accurate and grammatically correct letters or reports that achieve their purpose: ensure that the documents achieve client goals; perform client, supervisor or tutor instructions; seek information; communicate only relevant information; relate appropriately to other documents or advice.
2. Write documents that are structured according to convention and audience requirements: follow models, e.g. in use of addresses, date, salutation, heading style, etc.; demonstrate awareness of audience requirements as to form of communication (letter, email, phone) and taking account of knowledge and perceived understanding of the audience; legal literacy; detail of information; priority of information; timing of communication; sensitivity of content.
3.  Draft a well-organised and factually accurate document: use correct and conventional grammar, spelling, syntax and punctuation; write fluently and ensure ease of comprehension; lexical choice should be appropriate to genre and audience; ensure relevant legal and factual issues are addressed; articulate argument and identify options; exercise the appropriate standard of care.
4. Demonstrate use of a precedent bank of styles to progress a transaction: use the appropriate form or style; adapt a style to a particular context, bearing in mind substantive and procedural legal or ethical context, audience, possible future audiences and possible litigation context.
5. Organise the transactional context of writing: organise a transactional file in both paper and electronic formats; create, draft and file documents within an ordered hierarchy; provide own commentary upon formal and informal writings within a file where appropriate, e.g. notes to file.
6. Develop techniques for appraising and developing their own writing and drafting styles: modify own practice in the context of feedback from tutors and peers; demonstrate reflection and improvement in practice throughout the span of the Diploma.
7. Demonstrate their understanding of social responsibility and justice and work as part of the team delivering free legal advice to the wider community by applying their developing legal and practical skills in context under supervision by qualified solicitors in the University of Edinburgh’s Free Legal Advice Centre and work with and in support of other partners in the field of free legal advice and support.

Programme structure and features

Programme Structure

You may take the Diploma as a part-time student over two years and it runs between September and May.

Students are required to complete 120 credits of study at SCQF level 11: this includes seven core courses and a choice of three further elective courses.

To achieve these outcomes at the University of Edinburgh, full-time students must study the following courses in a single academic year and each course is compulsory:

Private Client (10 credits)

Conveyancing (20 credits)

Company and Commercial (10 credits)

Practical Electives (x3 electives) ( Total of 40 credits)

Financial Services and Related Skills (10 credits)

Professional Skills and Responsibility (10 credits)

Criminal Court Practice (10 credits)

Civil Court Practice (10 credits)

Part-time students must study half of these courses in their first year and the remainder in their second year. Each course is compulsory and must be taken in the year in which it is taught, although electives can be spread over two years.

Exit Awards/Progression

Diploma in Professional Legal Practice is the only exit award.

Students must pass all of the Core courses and three Elective courses to be awarded the Diploma in Professional Legal Practice.

Students will be examined in writing in each course of the curriculum (unless exempted).

Students may only present themselves for examination in a course if they have been certified as having given regular attendance and a having duly performed the requisite work of the class (including, without limitation, submission of all required assessed work within agreed timescales) in that course.

At the discretion of the Board of Examiners, students may be permitted to take a re-sit examination in courses in which they have failed to either gain an exemption for or pass the examination in at first sitting. In deciding whether to grant such permission, the Board shall inter alia take into account reports from tutors and teaching staff of each course on the performance of each student in the class work of each course of the curriculum for which the student has been enrolled.

Students are only permitted to sit a single resit examination in each course of the curriculum for which the student has been enrolled. 

Approach to teaching and learning

The core style of teaching on the Diploma is based on spiral learning and the techniques of ‘show, tell, do and reflect.’    

Teaching is generally campus based in the form of lectures, tutorials, workshops and seminars with elements of distance learning by way of captured, web and pod cast lecturing, self-assessment, eLearning and a varying degree of independent and group work by students with a pervasive and reflective consideration of all topics covered.

All sessions are led by legal or other related professionals with a dedicated core academic staff of 3.5 FTE who are all legally qualified.

Promoting social responsibility, sustainability and equality and diversity

Social responsibility

This Diploma programme seeks to contribute to the advancement of knowledge in a complex, multilayered and in parts, fast-changing area of the law which is continuously interacting with issues of policy and public interest. By enabling and encouraging students to become critically aware and to develop autonomous views and arguments on these issues, through innovative techniques and a strong emphasis on reflection and critical analysis, this programme is capable of embedding the University core objective of increasing awareness of social responsibility questions in each specific area e.g. the scope of legal aid, social justice, sources of free legal advice.

One of the outcomes of the Diploma is to demonstrate an understanding of social responsibility and justice and work as part of the team delivering free legal advice to the wider community by applying their developing legal and practical skills in context under supervision by qualified solicitors in the student led University of Edinburgh’s Free Legal Advice Centre and work with and in support of other partners in the field of free legal advice and support.  In addition, students are provided with the opportunity to stand for election to office bearing roles on the board of the Free Legal Advice Centre.

Sustainability and equality and diversity

This Diploma programme seeks to deploy a variety of teaching techniques ranging from face-to-face seminar, tutorial and workshop contact to the utilisation of distance-learning type tools such as self-assessment and e-learning instruments that take advantage of the University IT platforms.  The overarching goal is to ensure flexibility, autonomy and self-reliance in students’ learning while at the same time preserving and enhancing high teaching and learning standards: it is envisaged that this blended approach to teaching and learning will secure strong results in terms of the sustainability and good use of resources in the delivery of the programme; it will also ensure that a diverse student audience will be able to attain its learning outcomes by taking the utmost advantage of the teaching and learning opportunities offered.

Teaching and learning methods and strategies

• The range of teaching and learning methods used on the programme, including opportunities for feedback

 

All courses on the programme are taught in lecture plenary, tutorial or workshop groupings.  The smaller tutorial and workshop group sizes range from 3-14 students and generally last for a variable period between one and two hours.  Students are expected to prepare for these seminars in advance by reading the materials prescribed in class hand-outs and by reflecting upon the issues which will be critically discussed and reflected upon in the seminar.  Each class may include large group discussions, small group work exercises and group and/or individual presentations.  Interaction with course staff, course organisers and fellow students throughout seminars, in which active participation is a prerequisite, ensures that students get ongoing feedback on their contributions to the class and opportunities to reflect on their own learning.  All students must also complete all prescribed course assignments in a timely manner.  All students are allocated personal tutor/director of studies for both pastoral and academic support. Students receive ongoing feedback throughout the course and must adhere to the professionalism requirements of the course (including prescribed attendance and class work completion).  The professionalism policy ensures that students observe and must reflect on their professionalism as they progress through the programme. 

• Facilities (e.g. library; IT or any other distinctive facilities provided within the School)

 

The University of Edinburgh library has one of the largest and most important collections in Britain. It has some two million items including the latest publications, key texts, and rare books. The Law School has its own library within Old College, well stocked in most important fields of law. The library of the Europa Institute, housed alongside the Law Library, is an outstanding European Documentation Centre. Within walking distance from the Law School is the National Library of Scotland which also possesses an important legal collection accessible to postgraduate students.

Postgraduate students have access to the extensive computing facilities provided by the Law School. The School maintains a number of computer labs, all of which are available for the exclusive use of postgraduate students. Wireless network access is available in many parts of the Law School including within the Law Library and Lecture Theatres. Postgraduate students have extensive access to online legal research facilities including electronic journals, LexisNexis and Westlaw. Additional computing facilities (including a laptop loan service for flexibility of learning) are available in the University's Main Library and via the University's Computing Services.

The School is proud to boast a Moot Court Room, which is installed with all the latest IT and audio facilities, giving all students who participate in mooting competitions and exercises a flavour of practice in a real court situation.

The School of Law has established a Centre and team dedicated to the study of the Diploma in Professional Legal Practice and this is housed in 7 Bristo Square together with the Institute of Academic Development.

Assessment methods and strategies

There will be some variation amongst your courses as to the modes of assessment as differing courses will test different competencies and aptitudes.  These vary from written exercises, assessed in class performance, presentations, satisfactory achievement of practical learning outcomes, collaborative group exercises (written and presented), class tests, self learning and testing and formal examinations.  The assessment matrix for each course provides more details.

The School provides targeted, timely and useful feedback to students on their performance in a number of ways:

• through direct comment by staff members in class;

• through written comments provided to students during the course of the academic session on formative assessment, such assessment designed to assist students in improving their legal writing, essay, report writing, professional communication and examination technique;

• through individual written feedback provided to students on summative coursework such as legal writing, essays, reports, course problem based analysis and drafting exercises;

• through informal meetings that students can arrange with course organisers, or other members of the teaching team, where additional support or advice on how to improve their learning strategies and practice is required;

• through the continual monitoring of attendance and professionalism outcomes and meeting with students as appropriate as a result of such monitoring.

The School is always looking to improve the quality and helpfulness of its feedback to students, and takes seriously the comments on feedback provided anonymously in class questionnaires and via the annual Postgraduate Taught Experience Survey.

Student feedback and evaluation is a valued input to curriculum and programme review and development within the school and students are asked to complete evaluation forms on each course they take.  Student representatives are elected at the start of every year and represent the study body throughout the period of the programme of study.

Career opportunities

This is a specialist professional programme of study.  The majority of students pursue a career as a trainee solicitor or advocate.

The School is dedicated to ensuring all students are academically and socially prepared and are responsible and ethical citizens.  We offer training events and support for all our postgraduate students in both academic and key life skills.  The current employment market is a difficult and competitive one but we aim to ensure our students are independent thinkers with practical skills, and where possible give them an advantage over their peers.

We will support you with events and training sessions aimed at advancing the skills needed to complete your programme or pursue further study.

All students on this programme are taught by future employers and/or future colleagues in practice in the same profession.

The Free Legal Advice Clinic provides students with the opportunity to gain and hone multiplicity of transferable skills allowing students to work together with practising solicitors to provide legal advice to those in need on civil legal matters.  Students who lead and promote the work of the Free Legal Advice Centre will be given the opportunity to work towards the Edinburgh Award supported by the Pro Bono Co-ordinator.

All of our postgraduates are also able to draw upon the expertise and services offered by key support services within the university.  The Institute of Academic Development offers further training on research skills, as well as support for identifying suitable sources of research funding, data library usage, research publication services and guidance on data management.  The English Language Training Centre offers support and training for international students wishing to enhance their language skills and the Careers Service offers expert advice on careers options, searching for careers, CV writing and preparing for interviews.  This support can be tailored for students from the School of Law. 

Other courses and training events offered by the Institute include essential communication skills, information technology skills, time management, project management, decision-making and much more.

However, legal traineeships are limited and some students and not all students secure a traineeship and some decide not to pursue a legal traineeship.

Over and above legal traineeships and employment in law firms, the employment opportunities for students graduating from this programme include:

Other items

The School and its research centres actively organise frequent events including seminar and lecture series, conferences, research training, workshops and fairs.  We strongly encourage all our postgraduate students to attend these events as well as getting involved with their organisation.

The Diploma students can participate in 3 national competitions focussing on the skills of mediation, client consultation and negotiation respectively.  The Diploma team runs internal competitions to select students to represent the University.

The Edinburgh Student Law Review is the first of its kind in Scotland.  Managed and written entirely by the School’s student body, it aims to provide a forum for law students to engage in a more analytical approach to the study of law.  Students from all levels and legal disciplines are encouraged to submit articles, case notes and updates which are published in the Review each year.

The School of Law and Edinburgh University are committed to providing pastoral support for postgraduate students.  The programme director and Edinburgh Centre for Professional Legal Studies office staff act as points of first contact and can advise students on the extensive network of services that exist throughout the University.  Additional language training and support is available for international students, the Student Disability Service offers guidance and support for students experiencing difficulties or suffering from impairments covered by the Equality Act, and the Edinburgh University Students’ Association, run by and for students themselves, offer a broad range of services to support students’ well-being at the University.  The University’s Accommodation Services can also help students finding appropriate accommodation in the city.