Assessment Criteria Master Flashcards
What are the five assessment criteria which appear in more than one skill?
- Legal content legally correct and comprehensive, and ethical/professional conduct issues (6/7)
- Ensure advice is client-focused (4/7)
- Clear, precise, concise, and acceptable language (4/7)
- Include all relevant facts (3/7)
- Structure document appropriately and logically (2/7)
What is the only skill in which legal content/professional conduct is not assessed, and why?
Interview, because this is assessed in the associated attendance note
In which four skills are:
(1) ensure advice is client-focused and
(2) clear, precise, concise, and acceptable language assessed?
- All of the written assessments, except drafting
- All of the written assessments, except attendance note
In which skills is include all relevant facts (expressly) assessed?
Advocacy, writing, and CMA
Legal content
What is the three stage process to scoring on this assessment criteria?
- Spot relevant issues
- Correctly explain each issue
- Apply correct law to relevant facts
Legal content
What does comprehensive require?
It requires you to deal with all of the issues raised
Legal content
How can you apply THINK CLIENT?
Show that you have not only found the relevant law, but you have thought about how it impacts the client based on what you understand about their situation
Professional conduct
What is one question you must always ask regarding the client?
Who is the client?
E.g. the company or its directors? The deceased or their executors?
Professional conduct
What are three ways you should also act?
- With intregrity
- With independence
- In the best interests of the client
Ensure advice is client-focused
What mantra should you always keep in mind?
THINK CLIENT
Ensure advice is client-focused
What four aspects pertaining to your client should you keep in mind?
The client’s needs, objectives, and priorities, as well as the outcome(s) most important to them
Ensure advice is client-focused
What are the only things the client will care about?
- Chances of success
- If the course of action is possible
- Risks, and how to protect against them
- Time and costs
- Alternate approaches
- Steps to be taken by them, and steps to be taken by the solicitor
Ensure advice is client-focused
Why is it important to consider who the client is and their level of sophistication?
It influences the complexity of your communication with them
Ensure advice is client-focused
What aspects should you consider beyond legal?
The commercial, personal, social, relational or financial consequences of a particular approach
Ensure advice is client-focused
What is an example of thinking beyond the legal aspects generally?
A client may have a slam dunk cause of action, but may not want to disrupt the relationship with the other party, e.g. family, or a business partner, or a supplier from whom they get a good deal
Likewise, a client may have a poor case but is keen to take all legitimate steps to bring a claim, even if it would be costly and ultimately unsuccessful
Always consider what the client wants, legally and otherwise
Ensure advice is client-focused
What is an example of thinking beyond the legal aspects in a probate situation?
- Will a family member dispute the will?
- Is client unhappy with a provision in the will but not prepared to argue with family over it