Farewell from the 2015/16 firms!

It’s that time of year again where students who have been working in the Student Law Office begin to prepare for life after university. Following on from Abbie’s welcome post in November, it seems fitting to reflect on the work we have completed this year – and what a year it’s been!

Campus - CCE

We have been dealing with queries ranging from website policies, terms and conditions and intellectual property issues from many different clients including an engineering business, a sole trader service provider and even a university business clinic.

Our time in the Student Law Office has given us an exciting insight into commercial practice. We have also reflected on how our work may have long-lasting benefits for clients who are able to invest funds elsewhere and continue to progress in a thriving business community.

The experience has undoubtedly enhanced our career prospects by providing us with a year of unique practical legal experience and an increased level of commercial awareness.

On a personal note, we felt an amazing sense of achievement when we saw that our client has successfully implemented policies we had drafted onto their company website.

Below, some of our fellow students reflect on their experience and what they have enjoyed the most.

Robyn Heeran says:

“Throughout this year in the SLO I have really enjoyed the hands-on learning experience. Knowing that a client is depending on you to advise them on real life issues ASAP is really motivating and rewarding.”

Perri Byrne says:

“I have really enjoyed working with real clients, especially being given the responsibility to hand and manage their cases.”

As well as our client work we have been lucky enough to be involved in the Student Law Office in other exciting ways, including:

  • travelling to London to give intellectual property advice to a client;
  • leading our own firm meetings (this included playing Jenga and Pass the Parcel!);
  • networking at the Inspiring Entrepreneurs event;
  • receiving a visit from a member of the University of Strathclyde’s Law Clinic; and
  • raising an enormous amount of food for Newcastle West’s foodbank!

The experience has been truly unforgettable and the lessons learnt will stay with us throughout our professional lives. We hope that next year’s students and clients have an experience as enjoyable and rewarding as ours!

This blog post was written by Elena Cross and Dan Watson:

Elena and Dan


Elena is a final year MLaw student currently working in a business and commercial firm in the Student Law Office. Elena has secured a training contract with Bond Dickinson LLP in Newcastle for September 2016 and is excited to get started! In the meantime, Elena will continue to work as a bridal consultant in a wedding dress shop and enjoys spending her free time cooking and socialising.

Dan is a final year MLaw student who is currently advising commercial clients in the Student Law Office. He has aspirations to become a commercial lawyer and outside of work has passion for playing and watching sport.

 

Solicitors and the Code of Conduct

The legal profession encompasses many different roles and the term ‘lawyer’ can be used to mean a plethora of job titles. In simple terms, there are two key types of lawyer: barristers and solicitors. This blog post is solely focused on solicitors, and the varying roles commonly found within a typical solicitors’ office. Legal professionals, such as solicitors are overseen by governing bodies and must adhere to various rules in order for them to continue to practise. This post will focus on the professional conduct rules for solicitors, and the different job roles you might find in a solicitors’ firm.

Code of Conduct

Solicitors are regulated by the Solicitors Regulation Authority (SRA). The SRA is responsible for regulating everything from training to be a solicitor, to dealing with how solicitors firms are run. Within the SRA Handbook, 10 principles are set down which are mandatory and apply to everyone who is regulated by the SRA, as well the Solicitors Code of Conduct. The Code of Conduct section includes Outcomes which must be achieved, usually by acting in light of the Indicative Behaviours.

The Solicitors Regulation Authority website can be found here:

The Solicitors Regulation Authority Handbook can be found here:

Chapter 1 of the Code of Conduct, within the SRA Handbook, is concerned with Client Care. This chapter is about providing a proper standard of service, taking into account the individual differences of each and every client. This includes ensuring that the client is given all the information they require to make informed decisions about the services they require, how they will be delivered and the costs involved. This chapter also deals with complaints handling.

The Outcomes which must be achieved in this chapter are lengthy. Examples of the Outcomes include:

  • Outcome 1.1 – You treat your clients fairly.
  • Outcome 1.4 – You have the resources, skills and procedures to carry out your clients’ instructions.
  • Outcome 1.9 – Clients are informed in writing at the outset of their matter of their right to complain and how complaints can be made.
  • Outcome 1.12 – Clients are in a position to make informed decisions about the services they need, or how their matter will be handled and the options available to them.

This list is non-exhaustive and includes 16 individual Outcomes, all of which must be satisfied.

The way in which a solicitor acts can suggest that they satisfy the Outcomes. These are known as Indicative Behaviours which accompany each chapter of the Code of Conduct. For example, one of the Indicative Behaviours for chapter one is:

  • Indicative Behaviour 1.3 – Ensuring that the client is told, in writing, the name and status of the person(s) dealing with the matter and the name and status of the person responsible for its overall supervision.

Many solicitors firms include these details in their client care letters. These are usually the first correspondence that you would receive from a solicitor, and tend to include information on client care.

Different roles with a law firm 

The aim of this section is to briefly highlight the various roles which are commonly found within a solicitors’ firm.

Partner: Law firms are generally partnerships and are therefore owned and managed by a partner. Partnership tends to be the ultimate ambition of an individual entering the legal profession and can be considered as the highest step on the career ladder. Partners are the owners of a firm, and therefore take a proportion of profits generated by the firm.

Associate/Senior Associate Solicitor: An associate is a fully qualified solicitor who is an employee of the firm. This usually means that this individual is working under the supervision of a Partner, or a more senior associate. These solicitors tend to work on a fixed salary. This role can also be considered to be a ‘fee-earner’, in that the work that they do generates the income of the firm. Levels of seniority are usually dependant on how much experience or expertise in an area that individual has. As a newly qualified associate in a firm, the next logical step would be increased seniority to become a ‘senior associate’ (if such a role exists within that particular firm), followed by partnership.

Trainee Solicitor: In order to become an associate in a law firm, an individual must secure and complete a training contract, or a period of recognised training within a law firm. An individual in the process of completing one of these will be known as a trainee solicitor. A period of recognised training tends to last 2 years and involves the individual ‘rotating’ around the various areas of law which the firm offers.

Paralegal/Legal assistant: This role is essentially that of an individual who carries out legal work that does not strictly have the status of a solicitor as they have not completed a training contract.

Chartered Legal Executive: Chartered Legal Executives are individuals which usually have the same expertise as a solicitor, but have simply chosen a different route to qualification.

Legal Secretary: Legal secretaries carry out administrative work for solicitors. Legal secretaries aren’t required to have any official legal qualification.

This post was written by Robert Bayles. Robert is a final year MLaw student currently working in the business and commercial firm in the Student Law Office. On graduation Robert aspires to secure a training contract within an in-house legal department of a company. Outside of law, Robert enjoys everything related to football specifically, as well as most other sports.

 

Trade Marks 101: Part 2

In this two part series, Perri Byrne and Liam Faulkner are taking us on a whistle stop tour of trade marks. In Part 1, Perri explained what a trade mark is and the benefits of registration. Here, in Part 2, Liam looks at how to register a trade mark.

In the highly competitive business world that we live in, the well known phrase “dog eat dog” is an understatement to say the least. If it wasn’t hard enough having to fiercely compete with other businesses that aim to conquer the market, there are new businesses popping up round every corner who also have the burning desire to succeed. However, there are tools available to all business owners which can potentially propel them to flourish in even the most cutthroat business environments! You need to look no further. One essential tool that is readily available to you is the registration of your trade mark. If you’ve had the tenacity to create such a creative brand, then why not make sure it was protected?

How can I make my application to register a trade mark?

You may have imagined the registration process entailing a damp old office down a corridor of your local town hall where you are presented with stacks upon stacks of dusty books containing previous trade marks, in which you have to tediously sort through to only find out that someone had registered the same trade mark ten years before you. Thanks to the 21st Century, this is not the case at all.

You will make your application to the UK Intellectual Property Office (click here for more about the IPO).

There are three methods available when applying to register a trade mark. Whichever method you choose, you will need to identify the “class” or “classes” that you wish to register it under. This is essentially the field/fields your trade mark will have protection in, for example “education” or “advertising”.

1)           Firstly, there is the standard paper service (post) which costs £200 (for one class of goods/services). There is a fee of £50 for each additional class.

2)            The second method is an online application, which costs £170 for one class, with a further £50 fee for each additional class.

3)            The final method is the ‘Right Start’ scheme which costs £200 (for one class) and is also an online service. You will pay only half of the fee with your application (for instance, if applying to register under one class, this would be £100). If the report is successful you may then proceed with the registration and the remainder of the fee will then be payable.

With each of these methods the Intellectual Property Office will email/post the examination report to you within 20 working days.

What happens after the application?

If the examiner has no objections to the registration of the mark, you will be published online in the Trade Marks Journal for a period of 2 months. This is open to public inspection in which, interested parties may oppose the registration. As long as no objections arise during that period, then the trade mark will be registered and a registration certificate will be issued to you. Consequently, you will now be the happy owner of a registered trade mark!

laimThis blog post was written by Liam Faulkner. Having studied intellectual property previously he has found it very interesting to apply this knowledge to real life scenarios. In his spare time he enjoys playing football, and after graduating he hopes to either secure a training contract or work as a paralegal.