Legal Writing Flashcards
What is the structure of a letter before a claim?
Heading: [ ] contract/negligence [date]
Opening: we are instructed by XXX. This is a letter before claim…
Factual background
Clients claim
Consequences of breach
Liability
Remedy required
Documetns enclosed and requested
ADR?
Expert
Acknowledgment and responses
Sign off
What should the opening of a letter before claim be?
“This is a letter before claim in accordance with the Practice Directions - Pre-Action Conduct and Protocls in teh Civil procedure Rules. We are instructed to [ ] for XXX.
The purpose of this letter is … we are aiming to achieve …”
What should be said about the documents within a letters before claim?
We enclose a copy of the practice direction for your information.
We also enclose copies of the following documetns on which XXX replies:
List
In turn, we request taht you supply copies of the following documents to us…
What should be written for acknowledgment and response in a letter before claim?
Please acknowledge receipt of this letter by no later than XXX
Please provide a substantive response to this letter by XXX> if you do, please contact us immediately to discuss payment of XXX compensation. If you do not accept the claim, you must set out detailed reasons as to why, together with any documents you intend to rely on in your defence.
If you do not respond substantively by XXx, we are instructed to commence legal proceedings without further reference to you. XXX reserves the right to bring this letter to the attention of a judge on the question of costs.
You shoudl be aware that pursuant to the practice direction, a court may impose sanctions for non-compliance with its contents. We suggest that you consult a solicitor before responding to this letter.
What is the structure of Part 36 effect letter?
(Firms address, client contact and address, date, reference)
Dear ___,
Heading
Courtesy intro/purpose of the letter
The offer (details of the letter)
Explain Part 36: reasons for and timelines
Consequences if ACCEPT or DO NOT
Advice as to decision the client needs to make
Next steps
Courtesy sign off /need for prompt response
What must you say about disclosure in a client letter?
I have attached a copy of the list of documents that i have drafting in accordance with your instructions. Please check that it is a complete list of all the documents which are or have been in your control and which you are required to disclosure.
Explain duty of disclosure
If you are unsure of any aspects of your disclosure duty, please let me know as a matter of urgency,
What must you say to a client if they ask you to sign the disclosure statement on their behalf?
I cannot sign on your behalf. This is becuase you must personally confirm to teh court that you understand your obligations regarding disclosure, and that to teh best of your knowledge, you have carried out those obligations.
What is the structure in a 3rd party request action letter?
Formalities
Dear
Opening, saying purpose of letter
Say what the legal position is(what has been breached etc)
Action to take (what is requested from 3rd party)
Next steps (our client wnat sot resolve this matter by agreement… but if not, will take further action)
What is the structure for a breach of covenants letter to the defendant?
Formalities
Dear Sir and madam
We are advising _____, who has consulted us about _____.
Breach of covenants, we understand you are in breach of the following covenants:
(List)
Action to take
(List)
Our client wants to resolve this matter by agreement, but if matters ar not resolved within ____ from the date of this letter, they will take further action
What is the structure for a renovations issue email?
Formalities
I have looked at the ____, and considered them and planning requirements in terms of the proposals.
NUTSHELL - brief what you have found
List the differnet renovations wanted, highlighting to the clauses within the lease/agreement
___ will need to make enquiries of the landlord and the planning authority to find out if he will be able to proceed with his plans.
Please let me know if there is anything i can explain in more detail
What is the structure for further information from a buyer during a property transfer?
Formalities
Thank you for sending us the per-contract package
We have begun our investigation of title and have the following requisitions on entires contained in the official copies of title number _____.
Property register, entry __
(Please confirm…)
Property/Proprietorship/Charges register, entry ___.
We look forward to receiving your replies to the above requisitions.
What is the structure of a letter about co-ownership issues after a death?
Formalities
I am writing to confirm my advice on the points we discussed.. CONDOLENCES
Will/intestate?
Married?
Finances separate? Ownership rights on the house through constructive trust?
As your next steps…
Please let me know on how you wish to proceed. If you have any questions in the meantime, please do not hesitate to contact me.
What is the structure for Codicil advice?
Formalities
Your Will - thank you for your email …
The Codicil - as discussed, i have prepared and attached the codicil to your will.
Choice of Executor
Requirements for Signing the Codicil
If you have any questions about how to sign the codicil, please do not hesitate to contact me
How do you structure an email about appealing?
Formalities
Grounds of appeal : where. If they must allow appeal
Factors we will reply on , and explain them, argue that the conviction is unsafe because of these factors.
The factors i have highlighted are key to determining whether the conviction was safe. I am hopeful…
If i can help with any further information or queries, do let me know
What is the structure of an email to CPS for change of charge?
Formalities
2 issues: prosecution may struggle to prove that force was used or threatened, and even if prosecution DO prove this, they may not be able to prove it was immediately before or at the time…
Relevant facts outlined
What is the structure for selling share advice letter?
Formalities
Legally, no one can prevent X from selling shares
Explain what will happen if they DONT buy the shares
Explain what will happen if they DO buy the shares
Cannot respond to specific queries as to the competitors plans, as she is bound in negotiations
What is the structure of a business client care letter?
Formalities
Thank you for calling in to see me…
Explain what is going to happen
Costs and hourly rate plus VAT
Explain WHEN things are going to happen
If any problems arise, senior partner details - contact details
Monthly meetings to assess payment and progress
Adequate information about the right to complain and how complaints are made.
What is the structure for a conflict of interest letter?
Formalities
Include relevant facts, initial instructions and additional documents
Legal position
Potential ratification of conflict
Alternatives if ratification is not possible
Further steps
What is the structure for retiring directo/breach?
Formalities
Thank you for your email.
Liability for ____ debt
Liability for ____ debt
Indemnity present?
What is the structure for proposed allotment of shares?
Formalities
Altering constitution
Board authority to allot shares
Existing shareholders right of pre-emption rights
