Plea in Mitigation – The Begging

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I haven’t posted on here for a while. I have been working very hard – trying to get Assessments out the way in time for Christmas.

My last assessment was Criminal Litigation. Bottom line. WOW. What an experience. My senior tutor, Alfred Vannet; a well respected Sheriff had set an assignment which enabled us as law students to perform a Plea in Mitigation in front of a real sheriff at Glasgow Sheriff Court.

They intended to make it as real as possible. We received the crown statement, the precognition, the charge and so on….in relation to our poor Client who was normally “a productive member of society.”

Fast forward to the night of my appearance, the nerves hit me. I am thinking about all of the horror stories I am told by my tutors.

Our tutorial groups go to our respective court rooms. I am first to present my plea (As I have constant bad luck – I won’t go into the tummy troubles I had the night before which were still ongoing on this day). The gown I am wearing is huge and trails on the floor (I am 5ft), I am very cautious not to put my heel through the bottom, or even worse have my gown get caught in the chair I am sitting on. My Tutorial Group and I are waiting for the sheriff. I am sitting at the table whilst they are in the public gallery. I have to run over and over in my head that I address the Sheriff as ‘M’Lady’ and not ‘My Lord’ (In Scotland, we have Lords and Ladies). I am trying to think how I make the Sheriff like me…

I am lost in thought at this point….”ALL RISE”..I totally wasn’t ready…

How did I make her like me? I did the only thing that I do best. I gave her a big  grin and tried to smile as sweetly and as innocently as possible. This is not recommended at all. Please do not try this in court – Unless you resemble a pixie or a gnome.

My Plea in Mitigation – or begging for forgiveness as I call it went smoother than I thought. It was basically conducting an apology on behalf of my poor client who I promise will never do it again. Honest! Please! No Custodial Sentence I would say to the Sheriff.

“Unless I could be of further assistance M’Lady, that is all today.” I gather my papers and approach the well of the Court. I bow (Court Etiquette).

After I had finished – and I would have got what I asked for by the way (another bonus), it felt brilliant! As such, I would highly recommend University of Glasgow Diploma if it would mean you would get to this! If you told me this time last year that I would be appearing in Glasgow Sheriff Court I would have laughed in your face. I felt like I could take on the world.

Top Tip: Remember to highlight the discounted sentence if your Client pleads guilty at the earliest opportunity. Bonus Points.

BEFPA – Business, Ethics..Finance Bla Bla Bla

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I would like to take this opportunity to talk about one of my classes labelled as “BEFPA.” Just saying the acronym makes me feel nauseated. However, it has nothing to do with the sound you make when you are about to vomit. The Programme Coordinators should really think of a better name.

Anyway, BEFPA stands for Business, Ethics, Finance and Practical Awareness. I suppose the name is better than spending half of your life saying it in full. In my opinion, it is an extremely useful course in the Diploma. It is a hands-on approach into being a solicitor. It is not just about law and procedure. It is the about the firm as a business.

Higher Business Management was my favourite subject in High School so I already had an interest in the way of how a business worked, be it, sole trader or large national companies. Almost a decade ago, I saw myself becoming an Entrepreneur and retiring at 21. I am now 23 and in a ton of debt…but I digress. …

In BEFPA, we are required to start up our own law firm. I find this easy because I have been assigned a High Street Firm. I love my firm so must that I am actually considering using my Marketing and Start Up Plans for one day in the future.

BEFPA enables us to understand that being a solicitor is not all about winning cases, wearing suits and representing clients. It is about being a part of a business. We are in an age where commercial awareness is essential. In most applications forms I have been asked what I think it means by commercial awareness. Apart from keeping up with current events in the business world, I find this difficult to explain. IF ANYONE CAN HELP ME WITH THIS THEN PLEASE DO! I like to think I am commercially aware and BEFPA has been helping me increase this further.

During my undergrad, I used to prepare presentations a week in advance. In BEFPA, we have 10 minutes. I am becoming more confident in public speaking and gaining more and more communication skills each week. Oh and I love my Tutor. She makes my day more bearable.

Putting aside the Tax module and the horrific name, BEFPA is an excellent course as far as the Diploma is concerned.

1st Year LLB : 10 Things I Would Do if I Could Relive First Year

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It’s been done before but I would like to have my say in this. As a 1st Year Law Student at University, it takes a long time to find your feet. It may be that you don’t ‘settle in’ until the end of 2nd year. This was my case.

Having worked for a year before University, it was difficult to get back to Academic Life. Even though I tried to keep my mind working during the year by reading a countless number of books in law, it did not prepare me for 13th September 2010.

The list I have devised will hopefully see you through. It is a list that I wished I could have read before commencing my first year LLB. Without further ado…

  1. Make Friends With the Year Above

I never did this – or even thought of doing this! By making friends with your successors, they will be able to give you hints and tips about what is to come. They have already been through what you are going through. They know the short-cuts. They know what classes to take and what not to take.  It is beneficial to keep them in your circle of friends for free advice. I did it the other way around. I made friends with the year below me. I grudged giving them advice because I never got the opportunity to be given some.

2. Know How To Use Westlaw, Lexis Nexis etc 

This is extremely important. I spent hours in the law level of the library looking through the Scots Law Times and Case Records of books dating back to the 1900s. I then proceeded to use up all my print credit by scanning them and bringing mile long transcripts into my seminars. There is absolutely no need for this. Everything is done electronically.  Westlaw provides the whole case online. All that is required is some key words typed into the search engine. Et voilà! You have the whole case report in front of you. The cases analysis will give you a brief summary on what the case is about.
Free Tip: If you are looking for a certain part of the case: Ctrl + S – Type in the key words and there you have it.

3. Go To Lectures

It is safe to say I have heard it all. There is no point in going, Lectures will be posted on Blackboard, I have the book and my personal favourite: Bamboo were offering £1 shots last night. There is nothing worse than going to a lecture after missing one and not knowing what the heck is going on. You don’t lose anything by going. In relation to the ‘slides are on-line’ excuse.  Here is some clarification on that. Yes, slides are on line but most of the information provided on slides are limited. Lecturers usually use Powerpoint slides as guidance for them. It is usually just titles. By going, your lecturer usually gives their own examples on pieces of information that may be complex. Just a heads up, I knew this one guy who never went to lectures. He never graduated with us and I do not know where he is now…

4. Seminars/Tutorials

This next point is for all of those who wish to go on to do the Diploma. Upon commencing the diploma, it has come to my attention that there are certain universities that assess by participation on seminars.I.e Occasionally shouting out answers. If you are from one of these universities, move on to the next point. If, like me, you are from a university which does not implement this type of assessment method, listen up. A Diploma Tutor does not like a mute student. If you are collectively asked a question, be heard! I used to hate 1st year Contract Law last thing on a Thursday afternoon because my tutor would go round the class and personally ask you a question. Now I love her for it. You need to learn to be able to have an opinion and be able to express that opinion. That’s what lawyers do, right? Like my Diploma Tutor said, there is no right or wrong answers and no silly questions. Taking part in mooting may help you prepare for this.

5. Only Buy Books You Need

We are law students for 4 years. Unfortunately, laws change more than Scottish weather. We cannot avoid books. There are ways around paying for them. After the first lecture, you have obtained the reading list, bolt to the library as fast as your legs can carry you. The library usually have the responsibility of stocking the books on your reading list. If it isn’t there, make friends with the law librarian who might order in the book. Another way of circumventing an unnecessary dent in your bank account is by using Google Scholar/Google Books. I found these very useful during my dissertation. It may not show you every chapter at once. You may need to wait a while until they hide the parts you have already read and show the parts that you need.  As a result, more money for fun!

6. “Extra Curricular Activities”

I am not a fan of extra curricular activities. We already have enough to do. We should not be doing anything “Extra.” I have exceptions to some things. For example, during my first year I got the opportunity to attend Tommy Sheridan’s trial with one of my lecturers. If I did not go, I would never have had the confidence to go into the court myself, walk up the front and say the words, “I am a student of the law and I would like to know if there are any interesting cases on today.” -Well not as rehearsed or dramatic. But anyway, Go to court! It is interesting, it is beneficial and you start to learn the procedure which will be of assistance when you start Criminal Law.

7. Networking

I was not told this either. Networking is extremely important. As a Diploma Student, we network most weeks. I used to think I was good at it until we were forced to listen to a lecture on ‘How to Network’ (if that’s such a thing). I  have now become too aware of how I speak to people. I have become more socially awkward than I was before.  When networking with lawyers and potential employers be passionate and ask them questions. The legal profession in Scotland is who you know. Everyone you meet is someone you will come across at least once in your career.

8. You Do Not Have to Become a Lawyer

All the way through my undergraduate degree we were trained and taught only to become a lawyer. With a Law Degree the world is your oyster! Only 5 of us in my year went on to do the diploma. My best friend is now living the high life in London. She  works in Legal Compliance for a huge Asset Management company which will probably take her all over the world. There are so many choices! You can do pretty much anything with a Law Degree. Apart from Brain Surgery. Do not apply for any positions that require a 7 Year Medicine Degree – unless you are a doctor who wishes to study law.

9. Work Experience

So it is the Christmas break, you have finished your exams and gone home. During this period of boredom, you should e-mail solicitors and ask for work experience for the summer. Solicitors usually don’t mind being shadowed. Those who I have come into contact with have been fantastic! If you can’t get work experience, volunteer at the CAB or anywhere you can give pro bono advice (Law Clinics). You will get experience in dealing with clients and you can put what you have learned into practice. As a side note, by volunteering at the CAB, you may get 6 months of your sentence. *coughs* I mean Traineeship.

10. Friends

I know they say that doing a law degree is completely anti-social. This is a common misconception.  Actually, doing a law degree is very social. I have met the best group of gals while doing my undergraduate degree. We have helped each other and we have worked well together when we have had to work in teams. Having friends makes the law degree a little less stressful.

Writing or Typing? Call Me Retro.

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It is 9am on a Wednesday morning. All Diploma students are sitting in their respective rows ready for a lecture on Real Burdens in Property Law and Conveyancing. I wonder what it must look like from our Tutor’s point of view. Hundreds of flat panels that is the back of laptop screens? Students are hiding behind them, using them as shields and hoping that they will not get picked on to answer one of the Tutor’s questions. In my opinion, that is the only efficient use of laptops in lectures.

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What happened to the classic pen and paper? I, for one, prefer this method. There is a mixed opinion on this. I asked my friend as she was tapping the keys on her Apple Mac, why the laptop? Her reply was fair enough. She types faster than writing. But does she take in what she types ?

There are studies demonstrating that students learn more when writing by hand. I have written notes by hand ever since I have learned to write. It has worked for me up until now so I will not be changing it.

Upon reading Robinson Meyer’s Article: To Remember a Lecture, Take Notes by Hand – Google it! I have come to the conclusion that taking notes by hand is more beneficial than typing notes on my laptop. Don’t get me wrong – I love Apple Products and I embrace technology as much as the next person but when it comes to learning, give me a good pen and some quality paper.

My Tutor, Andy Todd explained  that right now, everyone is working from laptops and iPads. This is because it is what we all do and know. We copy our peers. However, it has been known that when we begin our traineeships, we go back to the pen and paper because that’s what we have seen our superiors using. Interesting…

Rantings and Ravings of a Diploma Student

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Hello everybody, nice to meet you. This is my first ever legal lawg.

I have been inspired to write a blog by a certain solicitor that goes by the name of Brian Inkster.  I have thought about writing a blog but have been discouraged up until now.

Who would read it? What would I write about? These were two questions that have deterred me from creating a blog. Alas, Brian Inkster, in a Business, Finance, Ethics and Practical Awareness Lecture (BEFPA for short – I will cover this atrocious module title later) opened my eyes to the world of Lawyers and Social Media. He demonstrated the importance of social media in the world today – while wearing an Inkster’s Christmas Hat that went viral last year. One click of a button or Tap of a screen can send your words across the world.

What I got from the lecture was that I should not be put off from exercising my freedom of speech via social media – with limitations of course! Thank you Mr Inkster for the introduction into the world of blogging.

Welcome to the ranting and ravings of a Diploma Student.

Disclaimer: God help you all. Please excuse any Typos. It is midnight.