TOPIC 1:

LEGAL SKILLS
DR. ANI MUNIRAH MOHAMAD
U U M S C H O O L O F L AW
WHO ARE THE LEGAL PRACTITIONERS?

Private Public Adjudicating Other

practitioners practitioners officers Court officers practitioners
• Advocates & • Public • Judge • Police • Commissioner
solicitors prosecutors • Magistrate • Bailiff for oaths
• In-house • Federal @ • Registrar • Interpreter • Notary public
counsel State Counsel • Penghulu • Admin staffs
• Mediator
• Legal
counsellor
TYPES OF LEGAL SKILLS

Communication Interviewing
Reading skills Listening skills
& People skills skills

Argumentation Litigation and

Writing skills Others...
skills advocacy skills
READING SKILLS
Why?
• Identify the relevant facts
• Inter-relations
• Interpret and understand
Act of Parliament
• Long/Short title
• Preamble
• Definitions
• Sections/Sub-sections
• Illustrations
Latin Terms/Legal Maxims
• Memorising/Familiarising
• Understand the contexts
Court Case
• Case name
• Year
• Law report
• Court level + judge(s)’ name
• Summary of facts + judgment
• Ratio decidendi + obiter dicta
Journal article
• Title + year
• Author(s) is authoritative?
• Facts @ opinion?
• Cited by others?
Online content
• TLDs = .gov, .edu, .com, .biz
Official report
• Land search, company search, OA search, etc.
COMMUNICATION
& PEOPLE SKILLS Unwritten, unspoken

Non-Verbal
Facial, body language

Sound
Verbal

Eye contact

Written
Tone of voice
Sign language
E.g. returning
calls/messages promptly,
punctuality, quality of work
INTERVIEWING SKILLS
• Lawyer-client relationship
Why? • Get full facts of the case, identify the issues, advise accordingly
• Communication with other parties (opponent, police, witnesses)

• Know what information is required

Preparing • Identify the relevant facts – ask open ended questions, snowball effect
for the • Bear in mind the applicable laws + elements of law
interview • Consider potential questions/remarks by opposing lawyer

• Record all details, make sure to keep proper records

After the • Research on the applicable laws + verify to confirm
interview • Link with opinion writing + argumentation skills
LISTENING SKILLS

Why? Look for facts Look for How?

• Good listener = • Be attentive expressions/ • Listen more than
commitment + • Analyse based on emotions you speak
interest facts + elements of • Let the person use
• "Res ipsa loquitor"
• Maintain objectivity law their own
• Reflect on the
= receptive of new • Separate the terminologies
context of that
ideas relevant facts from • Do not offer advice
person
• Consultation mere opinion unless asked for it
• Court appearance
• Deal with other
parties
WRITING SKILLS

Represents the
Shows Legal opinion
firm/company/
professionalism writing
department

Advice to
Drafting court Communication/
clients/ other
documents covering letters
parties
OUTLINING SKILLS
Why?
• Interconnectivity between the relevant facts + elements of law
• Keeps you motivated and on track all step of the way
What?
• Legal assignments
• Case briefs
• Opinions to clients
• Pleading drafts
How?
• Sequential / chronological
• Deductive reasoning vs inductive reasoning
OUTLINING FOR Problematic Question
EXAM PURPOSES • 1. Identify the legal issues
• Whether…
• 2. State the relevant laws
Essay Question • Acts, cases, directives
• 3. Apply the law to the facts of
• 1. Introduction the case
• 2. Body of the text • In the present case...
• 1 paragraph = 1 point • 4. Conclusion/results
• 3. Conclusion • For the first issue...
• For the second issue...
 Apply the
relevant law
ARGUMENTATION
SKILLS

To the context
of the case at
Legal
hand argumentation

Acceptable
conclusion
LITIGATION & ADVOCACY SKILS

1.Preparation 1.Case -Satisfied? File

Trial
Pre-trial

Post-trial
2.Do research management the court order
(legal and facts) 2.Triable? -Not satisfied?
3.Communicate Proceed to trial Appeal @
with client 3. Exam-in-chief Review
4.In the loop 4.Cross-exam
with the court 5.Re-exam
LEGAL EDUCATION & TRAINING
• “The professional lawyer requires a sufficiently general and broad based education to enable him
to adapt himself successfully to new and different situations as his career develops;
• an adequate knowledge of the more important branches of the law and its principles;
• the ability to handle facts, both analytically and synthetically, and to apply the law to situation of
fact; and
• the capacity to work, not only with clients, but also with experts in different disciplines.
• He must also acquire the professional skill and techniques which are essential to practice, and a
grasp of the ethos of the profession;
• he must also cultivate a critical approach to existing law, an appreciation of its social
consequences, and an interest in, and positive attitude to appropriate development and change.”
• - The Ormrod Report, 1971 (UK)
GENERAL TRANSFERRABLE SKILLS

Autonomy and
Communication Problem solving Teamwork
personal skills

Information Intellectual
Numeracy
technology skills
QUESTIONS?
a n i mu n i ra h @u u m . e d u . my