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
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?
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)
Ensure advice is client-focused
What is an example of a constraint a client might face?
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
Ensure advice is client-focused
If relevant to the assessment, what should you clearly explain to the client?
How you will progress the matter
Ensure advice is client-focused
What are three helpful phrases to apply the law to the client’s situation?
- This has the following consequences for you…
- Applying the law to your situation…
- I would advise you to take the following steps…
Clear, precise, concise, and acceptable language
How does thinking about who the recipient is influence the work product?
You will tailor the tone and depth of legalese depending on who the recipient is
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?
Avoid it unless absolutely necessary
Clear, precise, concise, and acceptable language
When might a great degree of legalese and technicality be warranted?
If writing to a firm of solicitors to convince them of your client’s case for negotiation purposes
Clear, precise, concise, and acceptable language
What approach should you adopt to terminology used in and throughout the work product?
Be consistent
Clear, precise, concise, and acceptable language
Should you use the active or passive voice?
Clear
Active
E.g. Party A will maintain the premises in good repair instead of The premises shall be maintained in good repair
Clear, precise, concise, and acceptable language
How should sentences and paragraphs be kept?
Clear
Short
Clear, precise, concise, and acceptable language
How should you ensure the recipient will interpret what you are saying?
Clear
In the way you intend them to interpret it
Avoid ambiguity
Clear, precise, concise, and acceptable language
What sort of English should you use?
Precise
Plain English
Clear, precise, concise, and acceptable language
How should expression be kept?
Precise
Simple
Clear, precise, concise, and acceptable language
What two things should you not do in order to ensure you score on concise?
Concise
Do not:
- Repeat yourself
- Use padding or unnecessary words
Clear, precise, concise, and acceptable language
How should you reference facts to score on acceptable language?
Acceptable
Correctly, and without embellishment or ignoring facts which don’t serve your client
Clear, precise, concise, and acceptable language
What should you check for at the end to ensure you score highly on acceptable language?
Acceptable
Spelling and grammar
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
- Yours sincerely
- Yours faithfully
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
Include [address to be provided]
Include all relevant facts
How should you ensure your legal advice is not taken out of context by the recipient?
Clarify the factual basis for the legal advice you are giving
Include all relevant facts
How can you clarify the factual basis for the legal advice you are giving?
Explain how the facts are relevant to the advice you are giving
Include all relevant facts
What makes a fact relevant?
If it influences your understanding of what the client’s issue is and what advice they might need
Structure document appropriately and logically
To what standard should work be produced?
The appropriate professional standard
Structure document appropriately and logically
Marks will only be lost for spelling and grammar errors which impact what?
The legal accuracy, clarity, or certainty of the writing
Structure document appropriately and logically
What are some examples of spelling and grammar errors which would lose marks?
Errors in names, addresses, dates, and verb tense
Structure document appropriately and logically
Under this assessment criteria, will marks be lost for poor formatting?
No
Structure document appropriately and logically
Unless advised to the contrary, how should you sign off?
A solicitor, or An associate
Not your own name
