Annex-A

Curriculam For Young Lawyers skill Trainning

First part

Target Group - Young Lawyers Group (up to 3 years male & female

General Aims

  • To Understand the concept of Thematic Knowledge of Various Law and practice System in the Field of Legal Practice.
  • To Enhanced Young Lawyer basic Skill and Professional attitude based on professional development.

Objective and Introduction

  • Identify the quality required of an Advocate.
  • To understand the basic principle of communication and making an effective presentation.
  • Enhanced new practicing Lawyers, an introduction of skill requires by a lawyers when Drafting
  • Enhance new lawyers Reporting, presentation(Advocacy) legal Research and Negotiation Mediation as well.
  • Capacity Building for new Lawyers basic knowledge of various Law and practicing trend in the court based on thematic knowledge.

Obtaining Methodology

-The Training will be conducted on the basis of participatory Approach.

-Training will base on Lecture.

-Group Exercise and group discussion.

-Case law will be priorities for question answer and group discussion.

-Role play.

-video Display

Training Method

OHP, Power Point,Chart,Transparent Sheet,Training Manual Hands Out.

Foundation course

Module 1

1. Professional skill course [10 Session]

(Sub contain)

-Law firm management.

-Client interview and advising.[ 2session]

-Drafting and Writing skill [2 session]

-Examination/cross/examination of witness

-Negotiation.

-practical legal research

-Trauma counseling

-Presentation.(Advocacy)[ 3 session]

Module 2

2. Knowledge Based [Academic course Based on practice]

Sub contain [7 session]

-Procedural Law.

-Writ petition Injunction Show cause, Interim order, Likhit jawaf,(Practice And Trend in Supreme Court)

-Myad Tarikha[Due date]

Module 3[session 2]

ADR

-Mediation.

-conciliation(Abam 182 based)

Module 4

ProfessionalAttitude [session 3]

Contain

-Professional Ethics,code of conduct and its importance in practice.

-Norms and values of relation Between Bar and Bench, & Basic orientation of development of NBA and its Structure.

-Concept of Legal Aid in Nepal and Role of Lawyer in free Legal Aid.

Module 1 - Professional skill course

session 1 :

Title: Law Firm management

Total Time Allocation : 1.30 hour

Group- (25-30)

Aim of this chapter

-providing Basic skill on Managerial roleto private lawyer in chamber practice.

-Enhance the skill of maintaining law Firm by proper way in the changing context.

-To develop attitude in chamber practice.

objectives

-To understand Managerial Role keep lawyers maintain the law Firms in proper way.

-Enhance lawyers improve their attitude and behaviors in law chamber.

-Enhanced professional planing , Controlling organizing in discipline way.

Target Group: Private Law Practitioners (up to 3 years experience) / No: / Date: / Time:
Contents / Methods / Resources / Time
Session break-up:
-Technical support in law firm
Computer, Tel, Fax,E-mail, Photocopy,
and its technical knowledge
Structural Management
1.Managing lawyer.
2.Supporting lawyer.
3.Asst.and secretarial
staffs.
-Information Management.
  • information
  • update
- -Role of lawyer in chamber
-Time Management.
-Basic knowledge of Account keeping in
law firm
group work
conclusion / Lecture
Discussion and Q/A / power point
White Board, / 20 min.
30min
20min
45 min
15 min
Reading Materials
  • Basic lawyers sill Training manual,
  • Training manualpublished by NBA
  • skill for lawyer, LPC course ,college of law UK
  • Training Book Lawyers skill , Nepal Bar Association

Module 1 - Professional skill course

Secession-2

Topics:

-communication skill

-Client interviewing and Advising.

Time : 2 hour

Group : (25-30)

Secession Aims

-Enhance young lawyers their better communication skill

-Improve way of communication with client

Objectives

-To established of good report between client and Lawyer.

-To obtain relevant information regarding case from the client.

-To help the client reach appropriate decision.

-To plan Future action.

Target Group: Private Law Practitioners (up to 3 years experience) / No: / Date: / Time:
Contents / Methods / Resources / Time
Session break-up:
Contain :
Initial skill
-Structure of Environment Management.
-Common Behavior with client.
-Seat planning and welcome.
Principle skill
Listening :-
  • Passive
  • active
-Questioning
  • Open.
  • Close.
-Analyzing.
-Explaining.
-Note taking.
-paraphrasing.
-Advising.
-Fixing Next Appointment.
-closing.
Group work
Conclusion / Lecture
Discussion and Q/A / power point
White Board, / 20 min.
30min
30min
30min.
10 min

Module 1 Professional skill course

Secession-3

Topics:

-Communication skill

-Client interviewing and Advising.[ video Display/ Role play]

Time : 1.30 hour

Group : (same group ,25-30)

structure of the session;

one full session,& group division [3 of each group for role play]

Secession Aims

-To understand properly communication skill displaying video Display

-Improve way of communication with client by the process of role play

Objectives

-To identify the role of lawyer during their interviewing between client and Lawyer.

-To trained lawyer their body language & its importance during client interviewing.

Target Group: Private Law Practitioners (up to 3 years experience) / No: / Date: / Time:
Contents / Methods / Resources / Time
Session break-up:
Contain
  • Behavior with client
  • verbal communication skill [ Body language]
  • group work
Conclusion / Video Display
Instruction
-Role play
group Division[3 of each group]
-Discussion
Q/A / DVD power point,
White Board, / 10 min.
25 min
40 min
15 min

Module 1 Professional skill course

secession-4

Topics : Drafting

Time : 1.30 hours

Aim

-provides an introduction to the skill required by a lawyers when writing Letters,Reports,Memoranda,and Drafting Legal Document.

Objectives

-To Prepare Lawyers for practical Drafting.

-Provide basic Knowledge of Drafting principle.

-To Develop proper Drafting Modality

Target Group: Private Law Practitioners (up to 3 years experience) / No: / Date: / Time:
Contents / Methods / Resources / Time
Session break-up:
Contain;
concept of Basic Drafting Style.
  1. Active Voice.
  2. Passive voice.
  3. Using more adjective.
  4. Word to use.
  5. well structure
Importance of Sentence making
and structure in Drafting
Lay Out
  1. Paragraph.
  2. Numbering.
-Starting and Ending the Draft.
-Form and Style, basic Principle
  1. Logical Sequence.
  2. Separate Paragraph.
  3. Short sentence.
  4. Simple Words.
  5. proper words.
  6. Reflect client Instruction properly
Group work
conclusion
Reading Materials
  • Basic lawyers skill training manual,
  • Training manualpublished by NBA
  • skill for lawyer, LPC course 1997,college of law UK
/ lecture
Discussion
Q/A / power point,
White Board, / 25 min.
15min
10 min
10 min
20 min
10min.

Module 1 Professional skill course

secession-5

Topics : Examination/ cross examination of witness

Time : 1.30 hours

Aim

  • provides an introduction to the skill required by a lawyers when the cross examination & examination of witness.

Objectives

- To Prepare Lawyers for examine of witness.

- Provide basic oral communication skill during the examination of witness.

Target Group: Private Law Practitioners (up to 3 years experience) / No: / Date: / Time:
Contents / Methods / Resources / Time
Session break-up:
Contain;
  • Concept & preparation of examine the witness.
  • Examination in chief
  • open ended Question
- traditional Q/A
cross question
-type of cross Question
-Dirty tricks in cross Question
Group work
conclusion
Reading Materials
  • Basic lawyers skill training manual,
  • Training manualpublished by NBA
skill for lawyer, LPC course 1997,college of law UK / lecture
discussion
Q/A / power point,
White Board, / 40 min.
30 min
20min

Module 1 professional skill course

Secession -6

Title: Negotiation.

Time : 2.00 hours

Group : (25-30)

Aim of session;

-Enhanced new Lawyers an introduction of skill requires by a lawyers when legal Research and Negotiation.

-to enhanced Art of Negotiation during the practice.

-to understand basic skill of dispute resolution.

objectives

-To knowledge preparation & the adoption of a logical approach when the talks.

-the avoidance of aggressive style.

-to promotion of trust between the parties.

-Searching for different solution to problem.

Target Group: Private Law Practitioners (up to 3 years experience) / No: / Date: / Time:
Contents / Methods / Resources / Time
Session break-up:
Contain:
-the ethical Aspects of negotiating
-categories
-Avoiding
-accommodating
-compromising
-competing
-collaborating
  1. preparation for a Negotiation
-importance of Negotiation
-interest not position
-strengths and weaknesses
-BATANA
  1. Arranging for meeting & and planning and its phase:
  • Planning
  • Educating
  • Bargaining
  • Implementation
  • Closing
  1. using tricks on negotiation
  2. concluding & commitment for resolve the problem
-group work
conclusion
Reading Materials
  • Basic lawyers skill training manual,
  • Training manualpublished by NBA
  • skill for lawyers, LPC course 1997,college of law UK
/ lecture
Discussion
Q/A / power point,
White Board, / 30 min.
30 min
10 min
20 min
20 min
10 min

Module 1 professional skill course

session -7

Topics; practical legal research

Time 2.00 hour

group; 25-30

Aims;

-To developed legal practice through research

Methodology

-To identify & understanding by the limited way to find

Resource & solution to specific problem

Objectives;

-To familiarities to the range of Areas of law, past case law,& sensitivity, to the practical implication.

-To understand basic skill of research methodology using Library Electronics Books in practice.

-to find legal solution.

Target Group: Private Law Practitioners (up to 3 years experience) / No: / Date: / Time:
Contents / Methods / Resources / Time
Session break-up:
Contain;
essential elements
-Assembling the fact & specifythe problem.
-legal analysisskill to useof electronic& book library.
Basic skill of research& its using methodology
- organizing the research & study
Identifying the correct source
-extracting the key points
-reporting the result of research and study
using Methodology
-subject index
-source index search
-updating study & research
-routine exercise
General procedure of updating
-checking the law
-practitioner books
-citation & use of primary source
-judicial decision
-conducting search &
-Electronics library
- on line referencematerials
-Lexis
-Internet
-searching for Bar and supreme court web site
Group work
conclusion
Reading Materials
  • Basic lawyers skill training manual,
  • Training manualpublished by NBA
  • skill for lawyer, LPC course 1997,college of law UK
/ lecture
practical exercise
Discussion
Q/A / power point,
White Board, / 20 min.
30 min
20 min
20min.
20 min
10 min

Modul 1professional skill course

Secession-8

Topics: Presentation skill (Advocacy)

Time : 2.30 hour

Group : (25-30)

Secession Aims

-To understand a brief consideration of the question what is advocacy.

-To achieve presentation skill during the court room.

-To enhance young lawyers' effective oral presentation as required.

-To develop young lawyer's organizational skill in law chamber practice.

Objectives

-To understand the basic principles of communication and making an effective presentation.

-To be able to apply it.

-To perceive behavioral attitude and to adopt it.

-To enhancethe using and managing documents effectively.

- Practical analysis of legal and factual issues.

Target Group: Private Law Practitioners (up to 3 years experience) / No: / Date: / Time:
Contents / Methods / Resources / Time
Session break-up:
  • Basic concept of argument in the court.
  • Organization skill in chamber practice.
  • Body Language.
Presentation ( Cap Approach)
  1. Context
  2. Analysis.
  3. Presentation.
-Before the court)
a.Fact gathering and Analysis.
b.Knowledge of relevant Law.
c. proper handling the paper work
-During the court
Framing the case and its importance in presentation
  1. Subject Matter.
  2. Dispute concern with subject.
  3. Burden of Proof.
  4. Psychology in court room
concept of presentation
-Opening speech
-Closing speech
-Re-closing
After the presentation
- role of lawyer after completion the hearing.
Group work
conclusion
Reading Materials
  • Basic lawyers skill training manual,
  • Training manualpublished by NBA
  • skill for lawyer, LPC course 1997,college of law UK
  • Advocacy at the Bar, A Beginner's guide by Keith Evans
  • Advocates, Danid Pannick
  • Advocacy and other skill ,Legal practice hand book
  • Pupilage & the vocational course, Institute for the study of the Legal profession, faculty of law Shefield UK.
  • starting Practice: work & training at the junior Bar, faculty of law Shefield UK
/ Lecture
Discussion and Q/A
brief Note / power point
White Board,
chart / 20 min.
20min
30min
30 min.
25 min
25min
15 min
10 min

Module 1 professional skill course

Secession-9

Topics:

Video Display (presentation in court Room)

Time : 1.30 hour

Group : (25-30)

structure: small group division [ each of 3 group]

Secession Aims

-To understand new Lawyers adjust Situation and scenario in court Room during the Presentation.

Objectives

-To understand basic way of presentation in court room.

-To find bad and good presentation skill

Target Group: Private Law Practitioners (up to 3 years experience) / No: / Date: / Time:
Contents / Methods / Resources / Time
Session break-up:
Contain;
Basic rules of presentation
-Way of argument.
-Body Language.
- Attidue
group work
conclusion
Reading Mterials
Making legal trainning easier,Legal net work
Television UK.
Vidio library N B A / Video Display
Discussion
Q/A / DVD power point,
White Board, / 20 min.
55min
15 min

Module 1 professional skill course

Secession-10

Topics:

-presentation [Role play]

Time : 1.00 hour

Group : 25-30, [small group division each of 3 ]

-structure: small group division each of 3,& this session develops the theme of persuasiveness which incorporates all the objectives of presentation skill, Instructor will guide for role play.

Secession Aims

-To under stand New lawyer way of presentation.

Objectives

-To recognize persuasive behaviors & to adopt it.

Target Group: Private Law Practitioners (up to 3 years experience) / No: / Date: / Time:
Contents / Methods / Resources / Time
Session break-up:
Contain;
  • case & law study
  • verbal communication
skill [ Body language]
  • group work, exercise
conclusion
Reading Materials
starting practicing ;work & training
at the Junior Bar, Faculty of law University of
Shefield, U K / Lecture
Discussion/ QA / White Board,
Chart, / 25 min.
15 min
40 min
10 min

Module 2

2. Knowledge Based (Academic course Based on practice]

Aims of this Module

-To enhance New Lawyer Practicing trend of the courts.

-To Developed their knowledge of various Law based o law practice.

-To oriented young lawyer of technical knowledge base on practice and decision made by the court.

Objective

-TO familiarize lawyer about basic concept of court proceedings and system in Nepalese court system.

-To provide Basic orientation Regarding Law of limitation case Registration in different level of the court.

-To under stand concept of Bail system in Nepal

- to enhance technical knowledge relating with hearing & justice delivery by the different level of the court.

- To be able to know medical terminology used in post mortem Reports and problem properly applied in hearing and justice delivery.

Module 2

Secession-11

Topics:

procedural law Based on law practice

Time : 2.00hour

Target- young lawyer

Group : 25-30

Secession Aims

-To understand Basic court proceeding system in Nepal under the Muluki Ain

Objectives

-To able to know Basic concept of procedural law regarding Jurisdiction,Limitation, Bail, case registration,concept of legal drafting based on structure.

-Importance of court proceeding based on law practice.

-Basic concept of limitation based on hearing & case registration.

-Jurisdiction regarding A.Bam. 29,& judicial administration Act 2048.

-concept of bail system based on Abam 118 and its practice .

Target Group: Private Law Practitioners (up to 3 years experience) / No: / Date: / Time:
Contents / Methods / Resources / Time
Session break-up:
Contain
Importance of court proceeding based on
law practice.
Basic concept of limitation based on
hearing & case registration.
Jurisdiction regarding A.bam. 29,
& judicial administration Act
2048.
concept of principle of bail system
based on A.bam. 118 and its practice .
group work
conclusion
Reading Materials
Law of bails, principle, practice,& procedure.
S S Rao,sodhi publication. / lecture
Discussion
Q/A / power point,
White Board, / 30 min.
25 min
25min
30 min
10 min

Module 2

Secession-12

Topics: Myad Tarikha.[ Due Date]

Time 1:30 hour

Target- young lawyer

Group : 25-30

Secession Aims:-

  • To understand Basic concept of Myad Tarikha.[ Due Date] importance in hearing & court procedure in Nepal.
  • To Enhance concept of Myad Tarikha.[ Due Date] based on procedure of Muluki Ain, sanchhipta karyabidhi Ain, Special court Ain,and various other legal provision based on summon, Mayad Tarikha.

Objectives

  • To able to know beginners concept & provision of Myad Tarikha.[ Due Date] based on legal practice.
  • prepare to young lawyer for their practice of general orientation of Myad Tarikha

Target Group: Private Law Practitioners (up to 3 years experience) / No: / Date: / Time:
Contents / Methods / Resources / Time
Session break-up:
Contain
  • concept of Abam 59,62 court precedure.
  • Differences between sanchhipta karyabidhi Ain, Samanyea karyabidhi ,Special court Ain based on Myad Tarikha.[ Due Date]
Group work
conclusion
Reading Materials
  • Muluki Ain,
  • sanchhipta karyabidhi Ain,
  • Special court Ain
  • Judicial Administration Act 2048
  • law dictionary, shankar kumar shrestha
/ lecture
discussion/QA / power point, / 30 min.
30min
20 min
10min

Module 2

Secession-13

Topics: Trauma counseling

Time 1:30 hour

Target- young lawyer

Group : 25-30

Secession Aims:-

  • To understand basic concept of Trauma counseling and its importance in law practice & professional Manner.

Objectives

  • To able to know beginners concept of Trauma & professional behaviors & gesture.
  • To understand the trauma & use in profession during the client meetining.

Target Group: Private Law Practitioners (up to 3 years experience) / No: / Date: / Time:
Contents / Methods / Resources / Time
Session break-up:
Contain;
  • Concept of Trauma & its importance in legal Profession.
  • cause of Trauma
  • stage of Trauma & its effect.
  • type of Advising
Group work
conclusion
Reading Materials
  • Training Manual ,NBA
/ lecture
discussion/QA / power point, / 50 min
30 min
10

Module 2

Secession-14

Topics: constitution & writ practice

Time 2 Hour

Target- young lawyer

Group : 25-30

Secession Aims:-

  • To understand alternative remedies & extraordinary jurisdiction of Supreme Court.
  • To Enhance concept of Writ petition,injunction and its reply & other proceedings.

Objectives

  • To able to know beginners type of interim order,show cause notice,
  • To able to proper skill of way of presentation in show cause, and final hearing.

Target Group: Private Law Practitioners (up to 3 years experience) / No: / Date: / Time:
Contents / Methods / Resources / Time
Session break-up:
Contain;
-Concept of Writ & importance of Natural justice,Due process law .
-Differences between Interim order,vacate & Intervene based on practice in supreme court
-concept of law of injunction and its ground
for order.
-presentation skill ; show cause & final
hearing.
-Doctrine of latches & limitation.
Group work
conclusion
Reading Materials
Administration law, wades & Forsyth
writ law, p m bakshi / Lecture
Q/A / Power Point / 30 min
30
25
15
15
5

Module 3