Case and Matter Analysis Flashcards
What is most important for case and matter?
Identifying the relevant facts
Providing CLIENT focused advice, from the clients point of view and what the client wants to achieve
To use clear and acceptable language
What is case and matter?
Analysing the facts, setting them in the context of legal knowledge and devising a strategy which meets the clients needs.
What are they asking you to produce for the case and matter exam?
A written report to a partner, giving legal analysis of the case and providing client focused advice.
What must the written report for case and matter contain?
Both analysis and advice.
Legal analysis with further explanation (showing your working).
What is the model that is recommended for answering a case and matter question?
IRAC model
Issue (instructions - flag them)
Rule (the law)
Application (what does this mean for the client? Apply the law to the facts)
Conclusion (pull the threads together)
If you are analysing an offer of settlement from the other side, what questions should you consider for case and matter analysis?
What is the amount offered as a percentage of the amount sought in POC?
What are the risks of litigation?
If the client wins, how likely is it that the sum is what they wanted? Factors of contrib neg?
What are teh costs consequences of rejecting the offer?
Should the client put forward a counter offer?
What do we know about the clients attitude?
What 4 areas are important to ask for dispute resolution in case and matter?
What is the cause of action?
What is the breach?
What are the consequences of the breach?
What are the financial consequences for the client?
What is the skill of negotiation?
Identifying al aprties interests, objectives and limits, developing and formulating best options for meeting parties objectives, and presenting options for compromise.
What is the style for case and matter report?
Tone and language sould be appropriate to address a partner, but it’s a practical analysis of the clients situation.
Assume that the partner is aware of the law (do not have to explain legal terms unless asked).
Tone can be more informal, because its to a colleague.
What is included in the ISSUE part of IRAC?
Address the parties, defendants, who you are advising, relationships
What is your task?
The facts - relevant or missing - IF ASKED
Parties objectives
Legal issues raised
What is included in RULE part of IRAC?
What is the relevant law?
Use research strategy
What is included in the APPLICATION part of IRAC?
Apply the sources to the facts and issues in a structured manner
Apply GENERAL rle before considering exceptions, defences, limitations
State the specific effect of the law based on the facts
PESTLE analysis
What is included in CONCLUSION part of IRAC?
Identify the elgal remedy/solution/procedure
Evaluate options
Advise on most appropriate options
Provide reasoning for the advice
What to include in a sentencing case and matter answer
Identify key information relevant to setnencing
Apply the law to the facts of the case
Advise on general parameters of sentencing
Explain the factors that will affect Dylan’s sentencing
Advise on the factors that will support plea in mitigation, if asked
Set out strategy that will support plea in mitigation
Conclude
(Headings:
The specific offences
How will the court determine Dylan’s sentence?
The plea in mitigation
Compensation order
Publicity? )
What to include in a note advising on the validity/lack of mental capacity in a will?
Genuine grounds to question the validity of the will. The immediate issues is that ISTHAT PERSON dealing with the estate? If so, need to STOP a grant of probate from beinpblished, by lodging a caveat with the Probate service.
Need information from persons solicitors, and immediately request a copy of the purported will.
General rle : person seeking to asset that a will is valid must PROVE it. Does it contain an attestation clause? Onus is on the person to prove that it was properly executed.
Capacity? Mental state is not clear, we need EVIDENCE to prove or rebut the presumption.
Need to check:
Capacity
Intention
Formalities
Undue influence
