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Skills > Assessment Criteria Master > Flashcards

Assessment Criteria Master Flashcards

1
Q

What are the five assessment criteria which appear in more than one skill?

A
  • 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)
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2
Q

What is the only skill in which legal content/professional conduct is not assessed, and why?

A

Interview, because this is assessed in the associated attendance note

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3
Q

In which four skills are:
(1) ensure advice is client-focused and
(2) clear, precise, concise, and acceptable language assessed?

A
  1. All of the written assessments, except drafting
  2. All of the written assessments, except attendance note
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4
Q

In which skills is include all relevant facts (expressly) assessed?

A

Advocacy, writing, and CMA

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5
Q

Legal content

What is the three stage process to scoring on this assessment criteria?

A
  1. Spot relevant issues
  2. Correctly explain each issue
  3. Apply correct law to relevant facts
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6
Q

Legal content

What does comprehensive require?

A

It requires you to deal with all of the issues raised

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7
Q

Legal content

How can you apply THINK CLIENT?

A

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

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8
Q

Professional conduct

What is one question you must always ask regarding the client?

A

Who is the client?

E.g. the company or its directors? The deceased or their executors?

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9
Q

Professional conduct

What are three ways you should also act?

A
  • With intregrity
  • With independence
  • In the best interests of the client
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10
Q

Ensure advice is client-focused

What mantra should you always keep in mind?

A

THINK CLIENT

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11
Q

Ensure advice is client-focused

What four aspects pertaining to your client should you keep in mind?

A

The client’s needs, objectives, and priorities, as well as the outcome(s) most important to them

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12
Q

Ensure advice is client-focused

What are the only things the client will care about?

A
  1. Chances of success
  2. If the course of action is possible
  3. Risks, and how to protect against them
  4. Time and costs
  5. Alternate approaches
  6. Steps to be taken by them, and steps to be taken by the solicitor
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13
Q

Ensure advice is client-focused

Why is it important to consider who the client is and their level of sophistication?

A

It influences the complexity of your communication with them

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14
Q

Ensure advice is client-focused

What aspects should you consider beyond legal?

A

The commercial, personal, social, relational or financial consequences of a particular approach

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15
Q

Ensure advice is client-focused

What is an example of thinking beyond the legal aspects generally?

A

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

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16
Q

Ensure advice is client-focused

What is an example of thinking beyond the legal aspects in a probate situation?

A
  • 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
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17
Q

Ensure advice is client-focused

What might a client’s objectives and priorities be influenced/determined by, and what is the best way to get ahead of these?

A

Their particular constraints

Get the client to clearly specify their objectives at the outset so you can be aware of any constraints (or extract these from the instructions)

18
Q

Ensure advice is client-focused

What is an example of a constraint a client might face?

A

A client with no source of funding other than paying privately by the hour may need to limit actions to those with the least cost

19
Q

Ensure advice is client-focused

If relevant to the assessment, what should you clearly explain to the client?

A

How you will progress the matter

20
Q

Ensure advice is client-focused

What are three helpful phrases to apply the law to the client’s situation?

A
  • This has the following consequences for you…
  • Applying the law to your situation…
  • I would advise you to take the following steps…
21
Q

Clear, precise, concise, and acceptable language

How does thinking about who the recipient is influence the work product?

A

You will tailor the tone and depth of legalese depending on who the recipient is

22
Q

Clear, precise, concise, and acceptable language

Even though you could get away with slightly more legalese to a sophisticated recipient, what should you still do?

A

Avoid it unless absolutely necessary

23
Q

Clear, precise, concise, and acceptable language

When might a great degree of legalese and technicality be warranted?

A

If writing to a firm of solicitors to convince them of your client’s case for negotiation purposes

24
Q

Clear, precise, concise, and acceptable language

What approach should you adopt to terminology used in and throughout the work product?

A

Be consistent

25
Q

Clear, precise, concise, and acceptable language

Should you use the active or passive voice?

Clear

A

Active

E.g. Party A will maintain the premises in good repair instead of The premises shall be maintained in good repair

26
Q

Clear, precise, concise, and acceptable language

How should sentences and paragraphs be kept?

Clear

A

Short

27
Q

Clear, precise, concise, and acceptable language

How should you ensure the recipient will interpret what you are saying?

Clear

A

In the way you intend them to interpret it

Avoid ambiguity

28
Q

Clear, precise, concise, and acceptable language

What sort of English should you use?

Precise

A

Plain English

29
Q

Clear, precise, concise, and acceptable language

How should expression be kept?

Precise

A

Simple

30
Q

Clear, precise, concise, and acceptable language

What two things should you not do in order to ensure you score on concise?

Concise

A

Do not:

  1. Repeat yourself
  2. Use padding or unnecessary words
31
Q

Clear, precise, concise, and acceptable language

How should you reference facts to score on acceptable language?

Acceptable

A

Correctly, and without embellishment or ignoring facts which don’t serve your client

32
Q

Clear, precise, concise, and acceptable language

What should you check for at the end to ensure you score highly on acceptable language?

Acceptable

A

Spelling and grammar

33
Q

Clear, precise, concise, and acceptable language

How should you sign off correspondence when referencing parties (1) by name and (2) by Sir or Mr?

Acceptable

A
  1. Yours sincerely
  2. Yours faithfully
34
Q

Clear, precise, concise, and acceptable language

If including an address is relevant to the assessment and this has not been provided, how should this be dealt with?

Acceptable

A

Include [address to be provided]

35
Q

Include all relevant facts

How should you ensure your legal advice is not taken out of context by the recipient?

A

Clarify the factual basis for the legal advice you are giving

36
Q

Include all relevant facts

How can you clarify the factual basis for the legal advice you are giving?

A

Explain how the facts are relevant to the advice you are giving

37
Q

Include all relevant facts

What makes a fact relevant?

A

If it influences your understanding of what the client’s issue is and what advice they might need

38
Q

Structure document appropriately and logically

To what standard should work be produced?

A

The appropriate professional standard

39
Q

Structure document appropriately and logically

Marks will only be lost for spelling and grammar errors which impact what?

A

The legal accuracy, clarity, or certainty of the writing

40
Q

Structure document appropriately and logically

What are some examples of spelling and grammar errors which would lose marks?

A

Errors in names, addresses, dates, and verb tense

41
Q

Structure document appropriately and logically

Under this assessment criteria, will marks be lost for poor formatting?

A

No

42
Q

Structure document appropriately and logically

Unless advised to the contrary, how should you sign off?

A

A solicitor, or An associate

Not your own name

Skills (7 decks)

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