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
-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
- Open.
- Close.
-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
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.
- Active Voice.
- Passive voice.
- Using more adjective.
- Word to use.
- well structure
and structure in Drafting
Lay Out
- Paragraph.
- Numbering.
-Form and Style, basic Principle
- Logical Sequence.
- Separate Paragraph.
- Short sentence.
- Simple Words.
- proper words.
- Reflect client Instruction properly
conclusion
Reading Materials
- Basic lawyers skill training manual,
- Training manualpublished by NBA
- skill for lawyer, LPC course 1997,college of law UK
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
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
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
- preparation for a Negotiation
-interest not position
-strengths and weaknesses
-BATANA
- Arranging for meeting & and planning and its phase:
- Planning
- Educating
- Bargaining
- Implementation
- Closing
- using tricks on negotiation
- concluding & commitment for resolve the problem
conclusion
Reading Materials
- Basic lawyers skill training manual,
- Training manualpublished by NBA
- skill for lawyers, LPC course 1997,college of law UK
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
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.
- Context
- Analysis.
- Presentation.
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
- Subject Matter.
- Dispute concern with subject.
- Burden of Proof.
- Psychology in court room
-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
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
- group work, exercise
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]
conclusion
Reading Materials
- Muluki Ain,
- sanchhipta karyabidhi Ain,
- Special court Ain
- Judicial Administration Act 2048
- law dictionary, shankar kumar shrestha
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
conclusion
Reading Materials
- Training Manual ,NBA
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