Name: _A.N Other______Membership no: _55559999____
- Competency: 1 Learning Outcome: 1.1
- Evidence provided:
- Outline how the evidence demonstrates you meet the outcome
How the law applies: The client intends to plead guilty accepting that there is strong evidence against him. Advice provided on likely length of sentence based on factors identified as aggravating/mitigating.
Explain how law applied to the matter: In this matter, the client was provided with advice on the likely sentence he would receive for an assault committed on his former partner. I considered the definitive guidance provided as follows:
The victim sustained a serious injury,
Aggravating factors: he has previous convictions, attacked the victim in her home, it was late at night, the client was drunk and the victim was hs ex-girlfriend.
Mitigating factors: single blow, remorse and isolated incident.
There was also a linked charge of criminal damage. However, this was charged much later – advised that it may be linked to the GBH charge or dropped. Either way it is unlikely to impact on sentence length.
Having applied the sentencing guidelines to the facts, I advised the client the factors which will be taken into account indicate a category 2 sentence – 18-30 months custody.
- Reflection and evaluation (what you learnt from the activity you undertook to meet the outcome). Note: you may want to complete this section at a later date once you have had time to reflect on your practice and experience.
- Completion date: 1.1.13
- Signed (applicant)A.N. Other
- Signed (supervisor)A.N. Other
Name: ____A.N. Other___Membership no: _____55559999______
- Competency: 1 Learning Outcome: 1.2
- Evidence provided:
- Outline how the evidence demonstrates you meet the outcome
How it applies to the matter: The claimant has previously been asked to disclose the documents and has refused to do so. The letter sets out the procedure and the requirement to disclose the requested documents.
Explain how the procedure has been used: A letter was submitted to the Arbitral Tribunal, setting out the request and the rules which govern disclosure in the matter. Supporting documents provided are the letter to the Tribunal and a copy of the letter provided by the claimant in response to the previous requests.
- Reflection and evaluation (what you learnt from the activity you undertook to meet the outcome). Note: you may want to complete this section at a later date once you have had time to reflect on your practice and experience.
- Completion date: 1.1.13
- Signed (applicant) A.N. Other
- Signed (supervisor) A.N. Other
Name: ___A.N Other______Membership no: ___5555999_____
- Competency: 1 Learning Outcome: 1.3
- Evidence provided:
- Outline how the evidence demonstrates you meet the outcome
Dealing with the issue: In order to obtain the policy, information was required from the seller. A letter was sent to the seller’s solicitor to obtain the necessary information which would enable the policy to be drawn up. The policy would protect the purchaser from the cost of future claims relating to mines/mineral rights.
Action taken: A letter was written to the seller’s solicitor to enable the matter to be taken forward.
- Reflection and evaluation (what you learnt from the activity you undertook to meet the outcome). Note: you may want to complete this section at a later date once you have had time to reflect on your practice and experience.
- Completion date: 1.1.13
- Signed (applicant)A.N. Other
- Signed (supervisor)A.N.Other
Name: ____A.N.Other____Membership no: ____55559999______
- Competency: 1 Learning Outcome: 1.4
- Evidence provided:
- Outline how the evidence demonstrates you meet the outcome
Sources used: and
Research used: I located the relevant information from the above sources (attached).
Apply findings to the matter: Having researched the matter I discovered that until 31 December 2012, it would not be compulsory to register the property as having a septic tank, as it was located in England.
- Reflection and evaluation (what you learnt from the activity you undertook to meet the outcome). Note: you may want to complete this section at a later date once you have had time to reflect on your practice and experience.
- Completion date: 1.1.12
- Signed (applicant)A.N. Other
- Signed (supervisor)A.N.Other
Name: ______Membership no: ______
- Competency: 2 Learning Outcome: 2.1
- Evidence provided:
- Outline how the evidence demonstrates you meet the outcome
Why each was the most effective method of communication: The face to face meeting enabled me to ensure the witness fully understood the procedure and was able to feel comfortable giving their statement. In the telephone witness statement, the doctor was busy and more familiar with the procedure and therefore was comfortable with a telephone meeting. The email was chosen to communicate the date, time and overview of the meeting as it was not necessary to explain detail and forms a written record to which both parties could refer back to if necessary.
- Reflection and evaluation (what you learnt from the activity you undertook to meet the outcome). Note: you may want to complete this section at a later date once you have had time to reflect on your practice and experience.
- Completion date: 1.1.13
- Signed (applicant)A.N. other
- Signed (supervisor)A.N.Other
Name: _____A.N.Other__Membership no: ____55559999______
- Competency: 2 Learning Outcome: 2.2
- Evidence provided:
- Outline how the evidence demonstrates you meet the outcome
Suitable professional practice, politeness and respect: the letter demonstrates my professionalism and that I communicate with my clients in a polite and respectful way. It does this by clearly setting out the client’s options, which have been previously explained ensuring the client is clear about the possible consequences of appeal of sentence.
Tailor language: As the client was a young person, I made sure that the letter was constructed in layperson’s language that would be easily understood and avoided the use of technical legal language.
Why suitable: As my client was under 18, I chose to simplify issues to ensure that he clearly understood the possible consequences of appealing his sentence, simply because he was unhappy with one aspect. I felt it was important for my client to fully understand the reasons why it would be advisable not to appeal the sentence.
- Reflection and evaluation (what you learnt from the activity you undertook to meet the outcome). Note: you may want to complete this section at a later date once you have had time to reflect on your practice and experience.
- Completion date: 1.1.13
- Signed (applicant)A.N.Other
- Signed (supervisor)A.N.Other
Name: ____A.N.Other__Membership no: _____55559999______
- Competency: 2 Learning Outcome: 2.3
- Evidence provided:
- Outline how the evidence demonstrates you meet the outcome
Law/procedure identified in relation to the issues: The procedure was case management prior to an adjudication held at the GMC. The each issue that may arise under the procedure was considered for relevance to the case and where appropriate further action was agreed to take the case forward, including the agreement of a date for the next stage of the process.
- Reflection and evaluation (what you learnt from the activity you undertook to meet the outcome). Note: you may want to complete this section at a later date once you have had time to reflect on your practice and experience.
- Completion date: 1.1.13
- Signed (applicant)A.N.Other
- Signed (supervisor)A.N.Other
Name: ___A.N. Other__Membership no: __55559999______
- Competency: 2 Learning Outcome: 2.4
- Evidence provided:
- Outline how the evidence demonstrates you meet the outcome
Communicate the request: the telephone note clearly sets out what it required and why. It indicates what the next steps in the process will be, including the presentation of the witness with a transcript of the statement for signature. It was confirmed that the statement would be kept confidential.
Apply relevant law/procedure: The witness was advised of the procedure for confirming her statement was complete and correct and that her statement would be confidential.
- Reflection and evaluation (what you learnt from the activity you undertook to meet the outcome). Note: you may want to complete this section at a later date once you have had time to reflect on your practice and experience.
- Completion date: 1.1.13
- Signed (applicant)A.N. Other
- Signed (supervisor)A.N. Other
Name: _____A.N Other___Membership no: ____55559999______
- Competency: 2 Learning Outcome: 2.5
- Evidence provided:
- Outline how the evidence demonstrates you meet the outcome
Represent your client using legal and professional skills: The client instructed me to seek a pension sharing order, with other assets to remain as presently divided. I set out the position from the Form E and my client in relation to the assets and set out the reasons for the pension sharing order.
- Reflection and evaluation (what you learnt from the activity you undertook to meet the outcome). Note: you may want to complete this section at a later date once you have had time to reflect on your practice and experience.
- Completion date: 1.1.13
- Signed (applicant)A.N. Other
- Signed (supervisor)A.N. Other
Name: ____A.N. Other____Membership no: ____55559999______
- Competency: 3 Learning Outcome: 3.1`
- Evidence provided:
- Outline how the evidence demonstrates you meet the outcome
Demonstrate understanding of the position: The transfer of equity must complete as quickly as possible and not later than the deadline to avoid W from forcing the sale of the property. Correspondence by email was agreed to ensure the client need not make unnecessary visits to the office.
Evidence confirmation of identification and confirmation of the issues: the attendance note indicates that I understood the pressing nature of the transaction, I took details of the date by which the case must complete and I stated that I would use my best endeavours to complete the transaction within the timescale. The note also demonstrates that I understood the particular needs of this client by virtue of his disability.
- Reflection and evaluation (what you learnt from the activity you undertook to meet the outcome). Note: you may want to complete this section at a later date once you have had time to reflect on your practice and experience.
- Completion date: 1.1.13
- Signed (applicant)A.N. Other
- Signed (supervisor)A.N. Other
Name: ____A.N. Other___Membership no: __55559999______
- Competency: 3 Learning Outcome: 3.2
- Evidence provided:
- Outline how the evidence demonstrates you meet the outcome
Confirm with client the instruction: In this case the client confirmed their instruction in writing.
Evidence of taking and confirming the instruction: This can be found in the letter from the client and also in my subsequent action which sets out the amount being claimed and that the client will be claiming for the costs incurred through the action taken.
- Reflection and evaluation (what you learnt from the activity you undertook to meet the outcome). Note: you may want to complete this section at a later date once you have had time to reflect on your practice and experience.
- Completion date: 1.1.13
- Signed (applicant)A.N. Other
- Signed (supervisor)A.N. Other
Name: ______A.N.Other__Membership no: ___55559999______
- Competency: 3 Learning Outcome: 3.3
- Evidence provided:
- Outline how the evidence demonstrates you meet the outcome
Legal advice provided: I advised the client that the lack of regulations may mean that the garage is unsafe. I advised that the client could ask for the garage to be inspected by the appropriate person or take an indemnity policy to cover the situation where the garage was not safe.
- Reflection and evaluation (what you learnt from the activity you undertook to meet the outcome). Note: you may want to complete this section at a later date once you have had time to reflect on your practice and experience.
- Completion date: 1.1.13
- Signed (applicant)A.N. Other
- Signed (supervisor)A.N. Other
Name: ______A.N. Other___Membership no: ___55559999______