Assessment Criteria Master

Question 1

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

Answer 1

• 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)

Question 2

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

Answer 2

Interview, because this is assessed in the associated attendance note

Question 3

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

Answer 3

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

Question 4

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

Answer 4

Advocacy, writing, and CMA

Question 5

Legal content

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

Answer 5

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

Question 6

Legal content

What does comprehensive require?

Answer 6

It requires you to deal with all of the issues raised

Question 7

Legal content

How can you apply THINK CLIENT?

Answer 7

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

Question 8

Professional conduct

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

Answer 8

Who is the client?

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

Question 9

Professional conduct

What are three ways you should also act?

Answer 9

• With intregrity
• With independence
• In the best interests of the client

Question 10

Ensure advice is client-focused

What mantra should you always keep in mind?

Answer 10

THINK CLIENT

Question 11

Ensure advice is client-focused

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

Answer 11

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

Question 12

Ensure advice is client-focused

What are the only things the client will care about?

Answer 12

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

Question 13

Ensure advice is client-focused

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

Answer 13

It influences the complexity of your communication with them

Question 14

Ensure advice is client-focused

What aspects should you consider beyond legal?

Answer 14

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

Question 15

Ensure advice is client-focused

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

Answer 15

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

Question 16

Ensure advice is client-focused

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

Answer 16

• 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

Question 17

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?

Answer 17

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)

Question 18

Ensure advice is client-focused

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

Answer 18

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

Question 19

Ensure advice is client-focused

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

Answer 19

How you will progress the matter

Question 20

Ensure advice is client-focused

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

Answer 20

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

Question 21

Clear, precise, concise, and acceptable language

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

Answer 21

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

Question 22

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?

Answer 22

Avoid it unless absolutely necessary

Question 23

Clear, precise, concise, and acceptable language

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

Answer 23

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

Question 24

Clear, precise, concise, and acceptable language

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

Answer 24

Be consistent

Question 25

# **Clear**, precise, concise, and acceptable language Should you use the active or passive voice? ## Footnote Clear

Answer 25

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

Question 26

# **Clear**, precise, concise, and acceptable language How should sentences and paragraphs be kept? ## Footnote Clear

Answer 26

Short

Question 27

# **Clear**, precise, concise, and acceptable language How should you ensure the recipient will interpret what you are saying? ## Footnote Clear

Answer 27

In the way you intend them to interpret it | Avoid ambiguity

Question 28

# Clear, **precise**, concise, and acceptable language What sort of English should you use? ## Footnote Precise

Answer 28

Plain English

Question 29

# Clear, **precise**, concise, and acceptable language How should expression be kept? ## Footnote Precise

Answer 29

Simple

Question 30

# Clear, precise, **concise**, and acceptable language What two things should you not do in order to ensure you score on **concise**? ## Footnote Concise

Answer 30

Do not: 1. Repeat yourself 2. Use padding or unnecessary words

Question 31

# Clear, precise, concise, and **acceptable** language How should you reference facts to score on **acceptable** language? ## Footnote Acceptable

Answer 31

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

Question 32

# Clear, precise, concise, and **acceptable** language What should you check for at the end to ensure you score highly on acceptable language? ## Footnote Acceptable

Answer 32

Spelling and grammar

Question 33

# Clear, precise, concise, and **acceptable** language How should you sign off correspondence when referencing parties (1) by name and (2) by Sir or Mr? ## Footnote Acceptable

Answer 33

1. Yours sincerely 2. Yours faithfully

Question 34

# 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? ## Footnote Acceptable

Answer 34

Include [address to be provided]

Question 35

# **Include all relevant facts** How should you ensure your legal advice is not taken out of context by the recipient?

Answer 35

Clarify the factual basis for the legal advice you are giving

Question 36

# **Include all relevant facts** How can you clarify the factual basis for the legal advice you are giving?

Answer 36

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

Question 37

# **Include all relevant facts** What makes a fact **relevant**?

Answer 37

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

Question 38

# **Structure document appropriately and logically** To what standard should work be produced?

Answer 38

The appropriate **professional** standard

Question 39

# **Structure document appropriately and logically** Marks will only be lost for spelling and grammar errors which impact what?

Answer 39

The legal accuracy, clarity, or certainty of the writing

Question 40

# **Structure document appropriately and logically** What are some examples of spelling and grammar errors which would lose marks?

Answer 40

Errors in names, addresses, dates, and verb tense

Question 41

# **Structure document appropriately and logically** Under this assessment criteria, will marks be lost for poor formatting?

Answer 41

No

Question 42

# **Structure document appropriately and logically** Unless advised to the contrary, how should you sign off?

Answer 42

*A solicitor*, or *An associate* | Not your own name