4. Occupational Specialist content – Legal Services Assistant

What skills do students need to demonstrate? The ability to:

• identify and explain the relevant finance law, principles and processes which focus on the whole or part of a process and provide accurate information on which to base client advice (E2, E4)
• offer relevant explanations of the strengths and weaknesses of different options and, where appropriate, advise on the appropriate course of action (E1, E2, E4)
• draft a written report using audience appropriate language (E1, E3)
• use appropriate software and digital tools to produce well drafted reports (D1, D3, D5)

S1.8 Describe legal processes in relation to finance in a business context

S1.9 Evaluate a client’s legal problem in relation to finance in a business context

What skills do students need to demonstrate? The ability to:

• identify and explain the relevant insolvency law, principles and processes which focus on the whole or part of a process and provide accurate information on which to base client advice (E2, E4)
• offer relevant explanations of the strengths and weaknesses of different options and, where appropriate, advise on the appropriate course of action (E1, E2, E4)
• draft a written report using audience appropriate language (E1, E3)
• use appropriate software and digital tools to produce well drafted reports (D1, D3, D5)

S1.10 Describe processes in relation to business insolvency

S1.11 Evaluate a client’s legal problem in relation to business insolvency

What underpinning knowledge do the students need?

English, maths and digital skills

K6: Insolvency in a business context

6.1

Understand the basic principles of business insolvency

• 6.1.1 Personal financial failure:

  • Individual voluntary arrangements (IVA):

    –    purpose of an IVA
    –    how to apply
    –    rules governing an IVA
    –    situations where applicable.

• • Debt Relief Orders (DROs):

    –    purpose of a DRO
    –    restrictions on using a DRO
    –    application to an adviser
    –    recent activity
    –    debts covered/not covered.

• • Bankruptcy:

    –    purpose of bankruptcy
    –    how bankruptcy functions
    –    role of the receiver
    –    rules governing bankruptcy and situations where applicable
    –    role and function of the Insolvency Service.
    –    relevance of the Insolvency Act 1986.

• 6.1.2 The consequences of personal financial failure including:

• • loss of valuable possessions
  • public knowledge
  • closure of bank accounts
  • passport impounded
  • effect on credit rating
  • impact on health and wellbeing
  • impact on dependents.

• 6.1.3 Corporate financial failure:
  • Company Voluntary Agreements (CVA):
    –    functions and purpose
    –    how a CVA operates
    –    advantages and disadvantages.
  • Bankruptcy:
    –    administration
    –    the difference between receivership, administration and bankruptcy
    –    the advantages and disadvantages of receivership, administration and bankruptcy
    –    the purpose of administration
    –    the administration processes
    –    the role, functions and responsibilities of an insolvency administrator.
  • Winding-up:
    –    the implications and purpose of winding up (liquidating a company): selling off assets to pay business debts
    –    voluntary liquidation: agreed by shareholders
    –    compulsory/forced liquidation: application made to the court to liquidate the company
    –    filing final company return with the court
    –    the purpose of administration and the role and responsibilities of the administrators
    –    the winding-up process: appoint an authorised insolvency practitioner; send resolution to Companies House; advertise the resolution in The Gazette.

• 6.1.4 Consequences of corporate financial failure:
  • insolvent partnerships and the consequences for the partners:
    –    capital loss
    –    preferential vs ordinary shareholding
    –    personal liability (guarantee, fraud, director)
    –    obligations.

• 6.1.5 Consequences of corporate failure on different stakeholder groups:
  • –    Directors
    –    Shareholders
    –    Employees
    –    Creditors
    –    The local community.

E1, E2, E3, E4

D1, D3, D5

What skills do students need to demonstrate? The ability to:

• use research skills to locate, identify and navigate a range of legal and non- legal, primary and secondary sources, both online and text-based (D1, D5)
• use research skills and digital search tools to make effective use of legal and non-legal databases (E5, D1, D5)
• use their familiarity with the structure and layout of sources found through research, to identify key elements and support effective research skills (E5, D1, D5)
• use effective comprehension skills when considering the application of primary sources found through research to scenarios (E2, E4, E5)
• summarise key information from longer research findings and present them in both writing and orally (E1, E3, E4, E6)
• use independent research skills to carry out qualitative and quantitative research and produce effective reports which are fully referenced and supported by data where appropriate (E2, E4, E5, M5, M6, D2, D3, D4)
• use digital skills to access a range of electronic research sources as well as navigating those sources and making effective use of a range of search functions (D1, D5)
• use appropriate hardware and software to present research findings, either in writing or orally using audience appropriate language (E1, E3, E6, D1, D2, D3)
• use appropriate software and digital tools to produce well drafted reports (D1, D3, D5)

S2.1 Navigate legal databases

S2.2 Use citation to find and reference research

S2.3 Identify relevant information

S2.4 Review and summarise research findings

S2.5 Identify a client’s legal problem using legislation

S2.6 Carry out legal research using primary and secondary sources

S2.7 Evaluate research findings based on primary and secondary sources

S2.8 Communicate research findings

7.2

Research tasks will be based on themes drawn from any of the topics in knowledge elements 1 to 6. In addition, the content below may provide themes solely for research tasks

• 7.2.1 Consumer law in a business-to-business (B2B) context:
  • the Sale of Goods Act 1979 – statutory provisions and decided cases relating to the supply of goods (must be as described (s.13); must be of satisfactory quality (s.14(2); must be fit for purpose (s.14(3)))
  • the Sale of Goods and Services Act 1982 – statutory provisions and decided cases relating to the supply of services (reasonable care and skill (s.13); reasonable consideration (s.15) and reasonable time (s.14)).
• 7.2.2 Unfair Contract Terms Act 1977 as they relate to B2B:
  • Unfair terms – a business selling goods or services isn’t allowed to exclude liability for: death or injury – under any circumstances; losses or damage caused by negligence – unless to do so is ‘reasonable’; defective or poor-quality goods – unless to do so is ‘reasonable’ – note test of reasonableness.
• 7.2.3 Excluded Protections for B2B:
  • distance selling protections – the Consumer Contracts Regulations 2013 do not apply to B2B situations so businesses have, for example, no cooling off period
  • Consumer Credit Act 1974 – consumer credit protections apply to sole traders, partnerships and unincorporated associations, but they do not apply to limited companies, limited liability partnerships and individuals of high net worth.

E1, E2, E3, E4, E5

What skills do students need to demonstrate? The ability to:

• understand the requirements of a range of legal and non-legal forms and complete or partially complete them using precision, accuracy and attention to detail (D1, D2, D3)
• understand the key characteristics of a range of different documents so that they can be drafted accurately in the appropriate style and format (E1, D1)
• proofread and check the drafted work of clients and colleagues and accurately identify and correct errors and omissions (D1, D2, D3, D5)
• understand the purpose and characteristics of a range of legal documents and how to draft them so that they fulfil their purpose using clear, concise, accurate and audience-appropriate language (E1, E2, E3, D1, D3)
• use a range of software and digital tools in order to draft items in conventional traditional, electronic and multimedia formats and observe required conventions relating to confidentiality, storage, security and data protection (ED1, D2, D3, D5)

S3.1 Draft communication to a client in writing

S3.2 Draft a client notification form

S3.3 Draft an N1 Claim Form

S3.4 Draft an N9B Defence and Counterclaim Form

S3.5 Draft an N20 Witness Summons Form

S3.6 Draft business-related forms (INO1 & MT01/AM01)

S3.7 Interpret and work with legal documentation

S3.8 Communicate accurately and effectively in an audience-appropriate manner

What underpinning knowledge do the students need?

English, maths and digital skills

K8: Drafting Documents and Legal Forms

8.1

Understand the basic principles of drafting a range of commonly used documents and forms

• 8.1.1 The range of documents and forms:
  • forms and precedents
  • Solicitor’s letters (audience appropriate) including client letters and the characteristics of client care letters
  • reports
  • file notes
  • emails (audience appropriate)
  • research log.

E1, E2, E3 D1, D2, D3, D4, D5

• 8.1.2 Understand how to use standard drafting skills
  • writing effectively:
    –    ensuring the style reflects the type of communication and its purpose. Audiences may include professionals or lay clients, legal colleagues, other professionals, the courts and governmental departments, businesses, third sector charities and advice agencies. Audiences may also be internal or external, formal or informal, original or in response, personal or ghost and may take the forms of a letter, report, email, memo, file note, report, form, template, precedent or article
    –    ensuring the purpose is clear and displays an awareness of the audience
    –    using appropriate layout, conventions and salutations depending on the medium being drafted
    –    using language which is audience appropriate
    –    using technical language correctly where appropriate and avoiding archaic, redundant language, jargon and legalese where it is not appropriate
    –    always use accurate spelling, grammar and punctuation
    –    always check and revise your work and ensure it is clear, concise and meets its purpose and intention
    –    if appropriate, have work proofread to check consistency with workplace practices and house-style
    –    always follow formal referencing and citation conventions as appropriate to the document
    –    organise material coherently considering issues such as chronological order of events or issues and using a categorical order where appropriate

• • presenting information:
    –    present information and ideas clearly
    –    organise ideas and information logically

• • summarise information:
    –    summarising key information from written texts
    –    summarising concisely in a style appropriate to audience and purpose.

• 8.1.3 Drafting in a digital context:
  • design, create, develop and integrate digital content, using different formats and multi-media making use of their features to:
    –    draft and present information appropriately and effectively employing software tools to control layout, presentation styles, fonts and effects, spelling, grammar and punctuation checkers, find and replace functions as well as functions to allow electronic storage and sharing
    –    use digital tools to review, check and proofread for errors and omissions as well as checking clarity and effectiveness of purpose
    –    process and analyse information and data effectively and securely, using relevant digital tools including a range of online forms and databases and resources which allow secure sharing, transfer and storage (traditional and cloud)

• • demonstrate understanding of the potential implications, risks, and issues relating to the use of contemporary digital technologies by considering:
    –    data security and data protection (GDPR) obligations
    –    confidentiality to both colleagues and clients
    –    security, filing and storage protocols based on requirements of particular documents (such as wills)
    –    importance of contemporaneity.

• 8.1.4 Working with key documents, forms and precedents:
  • reports and file notes will be used throughout all content
  • client letters will be based on:
    –    next steps advice on a civil matter, sources of legal advice and funding.

• • forms and precedents will be based on:
    –    a client letter based on civil justice system
    –    a claim notification form
    –    N1 claim form
    –    N9 defence and counterclaim form
    –    N20 witness summons form
    –    two forms based on business (company registration IN01) or insolvency (MT01/AM01).

8.2

Drafting activities will be drawn from knowledge elements 2 to 6 as well as the following areas:

• 8.2.1 Alternative Dispute Resolution:
  • negotiation o mediation o conciliation o arbitration
  • online dispute resolution.
• 8.2.2 Advice and funding in civil justice:
  • sources of advice:
    –    legal professions – solicitors, barristers, legal executives and paralegals
    –    online
    –    pro-bono schemes
    –    organisations – Citizens Advice, Law Centres, charities
    –    insurance.
  • sources of funding:
    –    public funding (legal aid) – eligibility
    –    private funding
    –    pro-bono
    –    conditional fee agreement
    –    damages based agreements
    –    insurance

E1, E2, E4, E5

D1, D2, D3, D4, D5

Occupational Specialism Project – Legal Services Assistant Business, Finance and Employment

Externally assessed project: 16 hours 30 minutes 183 marks

Performance Outcomes
In this project students will:
PO1 – Assist with the inception, progression and completion of legal services in Business, Finance and Employment
PO2 – Carry out legal and factual research and present findings both orally and in writing in Business, Finance and Employment
PO3 – Draft legal documents and standard legal communications in Business, Finance and Employment, for review by a supervisor

Assessment overview
There are 9 parts to the assessment.

• Task 1a: Independent Research
• Task 1b: Communicating Research Findings in Writing
• Task 1c: Communicating Research Orally
• Task 2: The law of Tort and Civil Justice System
• Task 3: Employment Law
• Task 4: Business, Finance and Insolvency
• Task 5a: Research with Internet Access
• Task 5b: Identify and Summarise Research Findings
• Task 6: Drafting standard legal communication and forms

Students will respond to a given scenario to complete a substantial project. They will be assessed on their application of the skills listed for the Performance Outcomes. Students will not be assessed against specific ‘knowledge’ outcomes but will be expected to draw on and apply related knowledge to ensure appropriate outcomes when applying the skills in response to an assessment scenario.

• Students will undertake the project under a combination of supervised and controlled conditions.
• The assessment will take place over multiple sessions, up to a combined duration of 16 hours and 30 minutes.
• The project outcomes will consist of a portfolio of evidence submitted electronically.
• This project will be set and marked by Pearson.

Performance Outcome

Weighting

Raw marks

% of total marks

PO1

Assist with the inception, progression and completion of legal services in Business, Finance and Employment

75

41%

PO2

Carry out legal and factual research and present findings both orally and in writing in Business, Finance and Employment

57

31%

PO3

Draft legal documents and standard legal communications in Business, Finance and Employment, for review by a supervisor

51

28%

Assessment Task

Resource

5a

https://www.bailii.org/form/search_cases.html

5a

https://www.legislation.gov.uk/search