General

Question 1

Suggested structure for letter

Answer 1

name of firm address (top right)
recipient name address (left)
reference/date (right)

Dear Mr [Brown]

Main heading
(e.g. “Purchase of shares in ABC Ltd”) (e.g. “Your father’s estate)
(e.g. “Purchase of 8 Church Street”)

Main content
1. Introductory para (eg further to our meeting)
2. Sometimes summary of facts
3. Key points
(e.g.
- Basis for the claim, - Damages recoverable, Further steps)
NB all letters not capitalised

Summary
(if long or complex or numerous options)

Next steps/action points

Closing
(e.g. suggest legal advice)

Yours faithfully/sincerely

Any enclosures or CC

Question 2

Salutation if writing to a law firm

Answer 2

‘Dear Sir/Madam’ or ‘Dear [name of the firm]’.

Question 3

Proposed titles for main heading of letter

Answer 3

succinct and precise

• For example, the heading
  ‘The company’ may be too vague, better is ‘Purchase of shares in ABC Ltd’
• Sensitivity must also be exercised. For example, in a letter to a recently bereaved client the heading ‘Your father’s estate’ is to be preferred over ‘F Green (Deceased)’.

‘Purchase of 8, C Street, Bristol’. (not ‘re’)

‘Claim against P & P Ltd’

Question 4

Suggested introductory paragraph where:

• had a meeting
• draft pre-contract comments as purchaser

Answer 4

“Thank you for coming to see me yesterday. As discussed, I am writing to [advise you further] on your claim in relation to the purchase of your house.”

‘We act for Jessica Williams in respect of her proposed purchase of 5, Station Road, Blackpool. We have reviewed the draft contract and set out our comments below for your consideration.’

• May also need to acknowledge recipient’s last communication or if first contact, explain your involvement

Question 5

When to give summary of facts in letter

(legal writing)

Answer 5

new client - to show understood

some cases appropriate due to FLK
e.g. DR - letter before claim

Question 6

What circumstances should include a summary in letter and whereabouts in letter?

Answer 6

Long/complex
Client has lots of options
(probs other situs too)

Towards end of letter before action points

Question 7

Closing paragraph letter suggested wording

• to client
• in letter before claim

Answer 7

• ‘Please do not hesitate to contact me if you have any queries about the contents of this letter. Otherwise, I look forward to receiving your further instructions….’
• ‘If you do not provide a full reply within 14 days of the date of this letter, we are instructed to begin legal proceedings without further reference to you.

‘We suggest that you consult a solicitor before responding to this letter.’

‘Please do not hesitate to contact me if you wish to discuss the contents of this letter.’

Question 8

What to inc if enclosures or copies being sent with letter?

Answer 8

At end of letter

List enclosures, starting with ‘Enc:’

Copies
That person’s name and address should appear at the end prefaced by ‘cc:’.

Question 9

What should header be on email?

Answer 9

same as main header in letter BUT may need to incorporate more re purpose of email
E.g. “Update on purchase of shares. Action required.”

Question 10

If letter to client follow-up from meeting, what must be inc and suggested introductory sentence

Answer 10

• confirm instructions, set out client’s legal position and next steps in the case

Thank you for meeting with me [yesterday]. I am writing to confirm the advice I provided at our meeting and the next steps in your matter.

own idea ^

Question 11

if writing to other side, who should you sign letter/email as from?

Answer 11

the firm (not individual solicitor)

should therefore be ‘we’ and use that throughout

(otherwise, must be ‘I’ throughout)

Question 12

can u use acronyms/abbreviations in legal writing

Answer 12

yes and good but only if familiar or explained

e.g. explaining:
‘His Majesty’s Revenue and Customs (HMRC)’ or ‘Marchant Engineering UK Ltd (Marchant)’.

Question 13

example ethics issues may arise in legal writing task

Answer 13

• Asked by opponent or client to give undertaking where would be inappropriate
  ○ Eg bcos outside of solicitor’s control
• Or asked to advise someone else involved in case/transaction where would be a conflict
  Or asked to disclose info to someone without authority?? (own idea)

also be careful not to misrepresent case in negotiations

Question 14

what should u do if ethical issue arises in legal writing task

Answer 14

If can’t do what client wants, explain why as matter of conduct u can’t

Question 15

Example intro and final closing para on email to colleague

Answer 15

As requested, I have reviewed the Paxton Engineering Ltd (Paxton) file and set out my findings below.

I hope this provides the information you need to send a letter of advice to the client. Please let me know if I can be of further assistance.

Question 16

What should Part 36 letter contain (regardless of who is making it)

Answer 16

(__ v ___)
(PART 36 OFFER: WITHOUT PREJUDICE SAVE AS TO COSTS)

• Confident that should this matter proceed to trial, will be successful in (defending and recovering costs) (establishing liability and recovering full amount)
• However, in a final attempt to settle the matter, we have our clients’ instructions to make your client an offer of settlement.
• For the purposes of CPR, Rule 36.5(1)(d) and (e) the offer on the part of our clients is to accept the sum of _____ in relation to the whole of their claim for damages, after taking into account your client’s counterclaim. For clarity we would confirm that the offer is inclusive of interest.
• In accordance with CPR, Rule 36.5(1)(c) the relevant period is 21 days from the date of service. As we are sending this to you today by first-class post we calculate that the offer will be deemed to be served on 15 November 20XX. Please acknowledge and confirm.

Question 17

good start at letter qualifier (before go into facts)

Answer 17

As further evidence comes to light, this advice may change and I will keep you informed of any developments

Question 18

quote for letter re asking to read through

Answer 18

Please read through the statement and make any corrections you think are necessary and then please sign the copy you have read and return it to me.

(include at next steps, could include in first paragraph too)

Question 19

even if already said it early in letter, if there is more things that need to do, repeat in next steps

Question 20

If client wants to resolve outside of court, how could you end it in letter?

(inc heading)

example: if restrictive covenant being breached but wanna resolve

Answer 20

Action to take

We therefore write to ask that you immediately:
- [stop running business from X]; and
- [repair the fence]

Our client wants to resolve this matter by agreement, but if matters are not resolved within [four weeks] from the date of this letter he will take further action.

Question 21

Draft wording in letter and where would include it where family dispute to be empathetic

Answer 21

In intro

I can appreciate that this ongoing rift is very upsetting. Family disputes are always difficult.

Question 22

If client told u to lie to other side in negotiations, do u have to disclose the info they are telling u to lie about?

Answer 22

Bound by duty confidentiality to client and not under duty to volunteer adverse info

Question 23

SRA checklist re CCLs

apparently won’t get asked to do :))

Answer 23

• instructions / what work is included
• cost
  (hourly rate insufficient)
• timescale
• what client needs to do
• contact details
  (e.g. name of trainee assisting)
  (alternative point of contact)
• right to complain and how complaints can be made

Question 24

Headings for CCL

apparently won’t get asked to do :)))

Answer 24

[matter description]

Contact details and supervision

Scope of services

Next steps

Legal costs

Risk analysis and overall timescale

[prevention of money laundering and terrorist financing]

[prevention of mortgage fraud]

[duties to the court]

Complaints

Action points [what client needs to do next]

Question 25

What to add after saying instructions in CCL?

apparently won’t get asked to do :))

Answer 25

[State your understanding of the client’s requirements and objectives]

We will provide legal advice and services to you with reasonable care and skill. However, the nature of many types of legal work means that it is not possible to guarantee a particular outcome.

Question 26

Conditional fee vs contingency fee

Answer 26

Conditional = no-win-no-fee - so contingent on winning

Contingency = damages based agreement

Question 27

Dibs explain to client

Answer 27

Disbursements are expenses we must pay on your behalf.

Question 28

What to include in “funding and billing”

but this is transferrable:
- who must pay legal costs
- what must let client know re after-the-event insurance
- what must tell client re recovering costs from opponent

Answer 28

You are personally responsible for the legal costs set out in this Engagement Letter.

• after-the-event insurance: may there be a shortfall?
• can u expect to recover costs from opponent and if so, likely to be shortfall which liable to pay?

Question 29

CMA/legal writing/research -

email letter to supervisor how to start if unsure

Answer 29

Thank you for your email. I have set out my advice and analysis below.