Andamios y plataformas de trabajo .1 Andamios fijos

NB: some of the higher level statements allow accredited providers to set more specific learning outcomes beneath them, or provide guidance or assessment criteria. In other cases there is a single provider and as far as publicly available, that provider’s learning outcomes are stated.

Some outcomes relating to ethics include equality and diversity issues, whilst others treat this as a separate topic.

At the conclusion of this section you will understand the importance of acting ethically in practice, complying with fiduciary duties, dealing with complaints and be able to act professionally the standards required of a Costs Lawyer.

You will be able to apply the ethics and standards learned in the work that you do.

No specific outcome but positive certification required on completion of practical training

Students should have a knowledge and understanding of:

- the Notaries Practice Rules and other rules and regulations, …

- the notary’s function in preventing money laundering.

Not publicly stated.

N/A.

Exercise appropriate professional management, conduct and ethics skills with responsibility and with independence and accountability.

On completion of Stage 1 students should be able to identify and act in accordance with the core duties of professional conduct and professional ethics which are relevant to the course.

[specific sub-outcomes are then set out for the principles, the code of conduct, money laundering, financial services and solicitor’s accounts] Yes, both generically for the

programme and for each

OUTCOMES ETC NQF LEVEL EXAMPLE: LEGAL ETHICS (OR NEAREST EQUIVALENT)

A Code of Conduct and fitness to practise

1. have detailed working knowledge and understanding of the code of conduct and the written standards for the conduct of professional work.

2. demonstrate the skills and competencies as appropriate to holders of the practising certificate in terms of the Code of Conduct; apply the Code of Conduct to self 3. be deemed competent in terms of fitness to practise,

by demonstrating that he/she is fit to do so in terms of the Code of Conduct, and able to represent clients and members of the public

4. recognise reputational risk in behaviour outside professional work/life and behave accordingly 5. have detailed knowledge and understanding of what

action to take and what consequences may arise if a complaint is made or a barrister is asked to give a witness statement, provide evidence, or withdraw etc B Ethics

1. have knowledge and understanding of ethical values (including duty to the client and to the court)

2. have a systematic understanding of relevant knowledge and ethical principles in law and practice, together with a full understanding of techniques applicable to practice at the Bar of England and Wales

3. be honest and straightforward in professional dealings, including with the court and all parties

4. must demonstrate (and implement) an understanding of equality, diversity and cultural issues

N/a

By the end of the period of qualifying employment you must be able to:

6.1 Apply the rules of professional conduct appropriately to relevant situations

6.2 Provide appropriate information to clients and service users

6.3 Understand the need to avoid discrimination and promote equality and diversity

No specific outcome but positive certification required on completion of practical training

The supervisor has a particular obligation to ‘ensure (so far as he is able) that the supervised notary is aware of, and complies with, all Rules and Orders made by the Master under section 57 of the Courts and Legal Services Act 1990, and conducts himself in a manner calculated to maintain the reputation of the office and profession of a public notary’

Not publicly stated, although a checklist of activities is used A number of mandatory courses (which may be tested) are prescribed by regulator

Not publicly stated although checklist of activities may be available.

PROGRAMME USE OF OUTCOMES ETC NQF LEVEL EXAMPLE: LEGAL ETHICS (OR NEAREST EQUIVALENT)

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No separate standard relating to professional code or to ethics. Some references in other topics, such as:

• The importance of keeping clients regularly informed of the progress of a matter and the client care procedures in Rule 15 should be emphasised to trainees.

• They should be given work that helps them understand the need to …establish a professional relationship with the client,

… a successful candidate should be able to 8.1 interpret any situation in the light of solicitors’ core

duties and any other relevant professional conduct requirements, and act accordingly

8.2 exercise effective judgement in relation to ethical dilemmas and professional conduct requirements.

A3 Knowledge of the rules of professional conduct, including the SRA Accounts Rules

F1 Knowledge of the values and principles upon which the rules of professional conduct have been developed F2 Ability to behave professionally and with integrity F3 Ability to identify issues of culture, disability and

diversity

F4 Ability to respond appropriately and effectively to the above issues in dealings with clients, colleagues and others from a range of social, economic and ethnic backgrounds

F5 Ability to recognise and resolve ethical dilemmas Not stated

Not stated

Not stated Practice skills standards

prescribed by regulator

Yes, outcomes prescribed by regulator

Yes, ‘day one outcomes’

prescribed by regulator Training Contract

SRA WBL pilot

QLTS

PREQUALIFICATION

PROGRAMME USE OF OUTCOMES ETC NQF LEVEL EXAMPLE: LEGAL ETHICS (OR NEAREST EQUIVALENT)

Not publicly stated

Upon completion of training, barristers will be able to:

• Understand the circumstances in which a client’s best interests would be served by the instruction of a solicitor;

• Understand when it would be in a client’s best interests to refuse instructions or withdraw from a case;

• Interact appropriately and effectively with lay clients in:

Making initial contact and establishing a relationship;

Discussing, explaining and agreeing fees;

Explaining the role of a barrister and discussing whether it might be in the client’s best interests to instruct a solicitor;

• Understand the relevant considerations for instructions from intermediaries;

• Write appropriate letters and manage systems for keeping files; and

• Apply and adhere to the Proceeds of Crime Act 2002 and the Money Laundering Regulation 2007.

Advocates must be able to

1. advise the client on suitable representation at court including the possibility of instructing a barrister or a solicitor higher court advocate not from his/her own firm or practice,

2. resolve issues arising from unintentional or inadvertent disclosure of confidential or privileged information,

3. resolve potential and actual conflicts including conflicts arising between the advocate’s duty owed to the client and the advocate’s duty to the Court,

4. advise on potential conflicts between acting as an advocate for a client and becoming a potential witness for that client,

5. recognise when an advocate may become professionally embarrassed and have to withdraw from a case,

6. advise the client of the advocate’s need to maintain professional independence and the associated need to draw any unfavourable law of which the advocate is aware to the attention of the court,

7. comply with courtroom etiquette.

The solicitor or representative must be able to demonstrate a practical understanding of

1.1.1. ethical rules and principles relevant to advising and assisting a client at the police station …

2.3.7. deal with any ethical problems which may arise when advising the client

The solicitor or representative must act in accordance with relevant ethical rules and principles at all times.

Ethical and contractual rules

Criminal Procedure Rules 2010 (and any successor rules) Law Society Practice Notes

Standard 5: Was professional at all times and sensitive to equality and diversity principles

5.1 Established professional relationships in court

5.2 Observed professional etiquette and ethics in relation to client/third parties

5.3 Was professional at all times 5.4 Observed professional duties

5.5 Observed duty to act with independence

5.6 Advised the court of adverse authorities and, where they arise, procedural irregularities

5.7 Assisted the court with the proper administration of justice Publicly stated as content

coverage for each module Yes

Yes

Yes (includes underpinning knowledge and skills as well as standards of performance)

ACCREDITATIONS USE OF OUTCOMES ETC EXAMPLE: LEGAL ETHICS (OR NEAREST EQUIVALENT)

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