LAW406 Clinical Legal Practice Assignment Sample

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Introduction: Clinical Legal Practice

This case of Alicent Rivers presents some legal and factual challenges that should be appreciated. The legal risks relate to the duties and obligations of the company and the lawyers that work for it involve; Religious bias and Professional compliance. Firstly, there is unprofessional behavior by the solicitor, which is evident by failing to communicate, failing to meet important dates, and missing appointments, something that is against the “Solicitors Regulation Authority (SRA) Principles”. It also gets to the issue of legal claim, Mr. Reeves has a business relationship with a claims adjuster who works at the insurance company of the company that has been accused of being involved in legal claim[1]. This potential breach of what “SRA Section 7” calls for as acting in the client’s best interest erodes trust and create G doubts relating to Mr. Reeves impartiality. Students seeking guidance on analyzing such legal challenges can benefit from our professional assignment writing help to structure and present their arguments effectively.

Discussion

Ms. River’s concerns about lack of communication and transparency are frightening as the possible damage that missed deadlines can cause to her claim. Moreover, the relations of Mr. Reeves, financial and business with the insurance adjuster can create serious concern and possible bias in her decision for her claim. An issue of negligence and conflict of interest therefore requires these facts that are fundamental to its proof[2]. If the evidence can be procured which show that Mr. Reeves’s action led to financial losses or in other words, damaged Ms. Rivers’s case, then Ms. Rivers has valid reasons for filing a professional negligence lawsuit against Reeves & Associates. The conflict of interest actually supports her even further because it underlines her lack of concern for her best interests. Before going further to launch legal proceedings, this are also want Ms. Rivers to seek formal redress at “Reeves & Associates and the SRA”[3]. This step might result in bringing resolution or setting of regulations. Ms. Rivers should seek legal redress under the legal allegations of negligence and conflict of interest. Ms. Rivers worries about lack of communication and transparency are all warranted, the kind of harm there is possibly in missing a deadline can significantly jeopardize her claim[4]. Furthermore, because Mr. Reeves had a financial and business relationship with the insurance adjuster, he could become prejudiced in rendering his professional decision. It is therefore apparent that negligence and conflict of interest form the core of any given claim in the case[5]. If such proof can be obtained that Mr. Reeves’s actions resulted in monetary losses or in dilution of the merits of Ms. Rivers’s case, then Rivers would have adequate basis for filing a professional negligence lawsuit against Reeves & Associates.

LAW406 Clinical Legal Practice Assignment Sample

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Conclusion

In this above report entire content is primarily focused on the SRA and is recommended to resolve the conflict of interest while bringing together all supporting material including missed deadlines and correspondence will be important if the case goes to court. Ms. Rivers’s claim looks quite plausible, the decision to go to court will depend on the extent of detrimental impact of Mr. Reeves’s actions.

Letter 

Stellar & Co LLP

[Your Address]

[City, Postcode]

[Date: 19.11.2024]

Ms. Alicent Rivers

[Your Address]

[City, Postcode]

Dear Ms. Rivers,

Subject: Legal Advice Regarding Issues with Reeves & Associates

These letters have been designed to remove the apprehensions and enlighten with all the available legal recourse. From the legal facts, one is convinced that Mr. Emmanuel Reeves, the solicitor dealing with their personal injury claim, promised that he would get a job done properly. However, his inability to achieve these important deadlines, appointments, and ensure which are informed understandably puts on the receiving. It has found new grounds of bias-error arising from Mr. Reeves’s concealed business and financial involvement with the claims adjuster of their matter. These matters pose both legal and ethical questions as to the manner in which their matter has been handled.

This will involve outlining of the laws that relate to the case under evaluation and path which the handling of that case is destined to take. It is a common law requirement that solicitors bear certain duties to their clients. This duty makes them perform their legal tasks with reasonable skill and care. Should they fail on this duty and the client is financially prejudiced there are legal remedies for professional negligence. There is another question conflict of interest, they are interested in the result of at least one of the parties. The SRA Principles require solicitors always to act in their client’s best interests and to be independent. A solicitor cannot act in any case where the interests of the parties involved are opposed, unless all parties agree to the same. It is highly questionable whether Mr. Reeves has delivered the necessary impartiality and loyalty if his business relation to the claims adjuster has been concealed, a business relation which in fact might pose a conflict of interests in this case.

The information which have presented would have a good foundation of a professional negligence claim if Mr. Reeves' actions cost business and opportunities or harmed their personal injury claim. For instance, cases like the failure in making the deadline on the submissions on the court, offer of settlements or negotiations may amount to negligence. Also, if the jury learns of the undisclosed conflict of interest, this fact will only help case as it may show that Mr. Reeves did not act in their best interest, as a professional should.

The legal action is inevitable when filing a complaint, the first thing to do when filing a complaint is to collect evidence. This includes compiling all letters exchanged, any written evidence of the failure to meet the timelines set or any records that would link of dealership between Mr. Reeves and the claims adjuster. Developing a precise chronology of events will also be useful to show how these matters have affected their situation as well.

This should then seek help from a solicitor who has a specialty in professional negligence to explain more about this. This solicitor will help and liaise with draft and serve a letter before claiming under “Civil Procedure Rules”. This letter will explain their objection against “Reeves & Associates”, the details of the negligence, conflict of interest allegations and will demand a reply. This measure has to be taken before a legal case is initiated and may lead Reeves & Associates to settle out of court. If successful there are remedies which can be claimed whereby these could be awarded actual dollar amounts for loss or damage which he put you through.

This one should assess the losses incurred because of his actions, more of Mr. Reeves. This could involve looking at whether the breaches of deadlines lessened the merit of their claim, entitled to benefits later than these are wanted or were simply very upsetting[8]. In negligence claims compensation can be in money losses and or general damages for anxiety or other inconvenience arising from negligent services. An independent assessment of the same could help to put a figure on these losses and therefore build a stronger argument of there being deserving compensation that has not been provided for. To be ready for any legal or regulatory procedures, it’s important to keep all information about their communication with Reeves & Associates.

However, in addition to suing their employer, this may feel like proceeding with a complaint to the SRA. This complaint may lead to the “Legal Tribunal” to take regulatory action against Mr.Reeves for his non-disclosure of the conflict of interest as well as all other violations of SRA Principles. It would not only keep him in check but also fortify legal standing. It is also important to note that because of the problems which will be encountered it is plausible that Reeves & Associates did not meet the provisions of the “Code of Conduct for Solicitors”, “RELs and RFLs”. Other regulated matters of practice for solicitors include unreasonable billing, self-serving interests, lack of clarity on both billing and actions done, and any conduct that may lead to the erosion of the community’s confidence in the profession[9]. If they feel like the firm handling their case has not complied with these principles then this would give them more grounds to make more regulatory complaints and enforcement. It may also be necessary to find out such losses that may have incurred due to Mr. Reeves’s misconduct. Negligence claims allow non-financial losses in addition to tangible losses, and the common losses include anxiety or inconvenience as a result of receiving low quality services. Such losses might be somewhat subjective, and an independent assessment might do a lot to evaluate them and make a more powerful push for compensation.

Proceeding to litigation, they formally write “Reeves & Associates” a complaint so they could resolve the complaint internally. Then bringing a complaint to legal ombudsman SRA and getting advice from solicitors about taking further legal actions are the next steps. They also have to keep all the future correspondents with Reeves & Associates and all of the case progress documented to back their claims.

Yours sincerely
[Your Name]
Trainee Lawyer
Stellar & Co LLP

Reference List

Journals

• Chan KW, McMorrow JA and Sherr A (eds), Regulating Lawyers Through Disciplinary Systems (Routledge 2024).
• Crump R, Keyse M and Price L, 'Setting the Standard: Using Multiple Choice Tests to Enhance Feedback and Reliably Evaluate Student Performance' in Enhancing Assessment and Feedback: A Case Study Compendium (2024) 71.
• Fan A, 'Reimagining Legal Ethics: Co-Existence of Dominant and Alternative Principles in Lawyering' (2024) International Journal of Legal Ethics and Technology 217.
• Fitz-Gibbon K, Walklate S and Reeves E, 'Exploring the Outcomes of Divergent Approaches to the Policy Making Process: Domestic Violence Disclosure Schemes and Perpetrator Registers in Australia' (2024) feminists@law 13(1).
• Hare SM, Benzer S, Knight SR, Rouhakhtar PR, Reeves GM, McDonald K and RachBeisel J, 'Virtual Civil Commitment Hearings: Convenience at the Cost of Compromised Communication and Safety Assessments' (2024) Psychiatric Services 75(1) 3-5.
• Mason M, 'From Psychotherapy to Legal Practice: The Use of Clinical Supervision by Lawyers in England and Wales' (2024) Psychiatry, Psychology and Law 1-20.
• Vaughan S, Moral Remainders: What Is The Price of Professional Integrity? (2024) https://ssrn.com/abstract=4856109 accessed 19 November 2024.
• Whelan C, The Bodyguards of Lies: Lawyers' Power and Professional Responsibility (2024).
• Whyte A, Do Prizes Have Any Point? The Potential for Diversity Initiatives to Change the Ethnic Profile of the Solicitors’ Profession (2024) University of Westminster.
• Vaughan S, Moral Remainders: What Is The Price of Professional Integrity? (2024) https://ssrn.com/abstract=4856109 accessed 19 November 2024.
• Crump R, Keyse M and Price L, 'Setting the Standard: Using Multiple Choice Tests to Enhance Feedback and Reliably Evaluate Student Performance' in Enhancing Assessment and Feedback: A Case Study Compendium (2024) 71.
• Whyte A, Do Prizes Have Any Point? The Potential for Diversity Initiatives to Change the Ethnic Profile of the Solicitors’ Profession (2024) University of Westminster.
• Chan KW, McMorrow JA and Sherr A (eds), Regulating Lawyers Through Disciplinary Systems (Routledge 2024).
• Whelan C, The Bodyguards of Lies: Lawyers' Power and Professional Responsibility (2024).
• Fan A, 'Reimagining Legal Ethics: Co-Existence of Dominant and Alternative Principles in Lawyering' (2024) International Journal of Legal Ethics and Technology 217.
• Mason M, 'From Psychotherapy to Legal Practice: The Use of Clinical Supervision by Lawyers in England and Wales' (2024) Psychiatry, Psychology and Law 1-20.
• Hare SM, Benzer S, Knight SR, Rouhakhtar PR, Reeves GM, McDonald K and RachBeisel J, 'Virtual Civil Commitment Hearings: Convenience at the Cost of Compromised Communication and Safety Assessments' (2024) Psychiatric Services 75(1) 3-5.
• Fitz-Gibbon K, Walklate S and Reeves E, 'Exploring the Outcomes of Divergent Approaches to the Policy Making Process: Domestic Violence Disclosure Schemes and Perpetrator Registers in Australia' (2024) feminists@law 13(1).