Legal Writing Flashcards
In what 3 ways can Legal Writing be assessed in SQE2?
- Business (always)
- Property or Probate
- Dispute Resolution or Criminal Practice
Summarise what the Legal Writing assessment involves
You’ll be provided with instructions relating to a client matter and be given 30 minutes to write an email or letter setting out your legal advice as a solicitor acting or assisting in that matter
How long is the preparation time and assessment time for legal writing?
Prep time = 0 mins
Assessment time = 30 minutes
How should you sign off a letter/email?
“A solicitor” or “An associate”
What’s the first thing you should do once you’ve read the question?
Make a bullet point list of 4-5 issues that you need to address in your letter/email
What are the 4 skills that will be assessed in legal writing?
- Language - clear, precise, concise, and acceptable
- Facts - include relevant information
- Client and recipient focused - in relation to the content
- Structure - should be logical, the reader should not have to jump around to understand
What are 4 types of recipient you could be asked to write to?
- A lay client (no or little understanding of law)
- Sophisticated non-lawyer client
- Client with legal training
- Another firm of solicitors
What should you do if you have to write a letter and the client’s address is not provided?
Put “address to be provided” in the correct space of the page
How should you sign off a letter if you know the name of the recipient?
Yours Sincerely
How should you sign off a letter if you don’t know the name of the recipient?
Yours faithfully
What three things of the client should you focus on to ensure it’s recipient-focused?
- Concerns
- Needs
- Objectives
Set out the typical structure of an email/letter for legal writing
(hint: there are 8 elements)
- Greeting
- Letter/email header
- Introductory paragraph
- Summary of facts
- Legal advice
- Next steps
- Closing sentence
- Sign off
What structure should you use when setting our your legal advice?
Issue
Law
Application
Conclusion
(aka: ILAC)
Give 4 examples of professional conduct or ethics issues that may be tested in a legal writing assessment?
- Maintaining independence
- Conflict of interests
- Integrity
- Undertakings