A legal problem.

Smith and Jones Solicitors instructed a young Barrister, Peter LeBest, to advise and represent Tom Thief on a theft charge in the Magistrates Court. The Barrister provides written advice that Tom should plead guilty, arguing that once he presents a plea of mitigation Tom should be given a non-custodial sentence.

On the day of the hearing the young Barrister oversleeps and turns up at Court late to find that Tom Thief had been sent to prison after pleading guilty ñ essentially this arose because a plea of mitigation was not put to the Magistrates.

A few days later Peter LeBest is advised that Smith and Jones Solicitors have decided top avoid adverse publicity by settling a claim of negligence against them from Tom Thief (a £100,000 settlement). In turn, Smith and Jones decide to bring a negligence claim against Peter LeBest and they also refuse to pay him for all of his legal services (including his services for other cases which he dealt with professionally).

Break into Law Firms to discuss the issues ñ you must make use of relevant case law.

Law Firm A ñ advise and represent Smith and Jones Solicitors in a Court Hearing before your Honourable Law Teacher.

Law Firm B ñ advise and represent Peter LeBest in a Court Hearing before your Honourable Law Teacher.

Law Firm C ñ advise the Court on the current law in a Hearing before your Honourable Law Teacher.

[Ideally there should be two or three students in each Law Firm. In large classes it may be necessary to have more law firms - with two cases being heard].