Overview - 4. Legal Research Flashcards
How long is the legal research assessment?
60 minutes
What is the most basic description of the task in the legal research assessment?
Sent a task by partner, and must research provided sources, and produce a report explaining the advice the partner should give
What is the assessment objective for the legal research assessment?
Demonstrate ability to conduct legal research from a variety of resources and produce a written report
What are the assessment criteria for the legal research assessment?
- Advice is client-focused
- Identify and use relevant sources of information
- Clear, precise, concise, and acceptable language
- Legal content is correct, and professional conduct issues identified
What are the two sections of the written report?
- Part 1: Advice to the client
- Part 2: Legal reasoning of the advice, including sources/authorities
Assessment criteria: client-focused
How should part 1 be written?
In a way the client will understand, without unnecessary technical detail
Assessment criteria: client-focused
Although you should be provided with enough information/source material to provide definitve advice, if further factual investigation is required, what should you do?
State it in the report
Assessment criteria: relevant sources of information
What do you record in part 2?
The primary sources and authorities you rely on in formulating the advice given in part 1, e.g. statutes, statutory instruments, reported cases
Note that whilst secondary sources can be useful to answer the question in part 1, only primary sources underlying the position should be cited in part 2
Assessment criteria: relevant sources of information
How should you cite a source in part 1 and part 2?
- Brief reference to the source is enough in part 1, e.g. Sale of Goods Act
- Part 2 requires a full reference, e.g. s.14(1) of the Sale of Goods Act 1979, and if a case, the full citation, e.g. Smith v Manchester City Council [1974] 17 KIR 1
Assessment criteria: relevant sources of information
How much detail of a statute or case should you provide in part 2?
Enough detail so the partner can be satisfied that you have applied the sources correctly
E.g. if a statute: definitions, relevant provisions, and any exclusions/defences
Assessment criteria: clear, precise, concise, acceptable language
What type of English should the advice in part 1 be drafted in and for what purpose?
Plain English, so that it could be copied and included in a letter to the client without much amendment
Assessment criteria: legally correct/comprehensive
What does legally correct mean?
You need to apply your knowledge of substantive law to determine the relevant area of law applicable to the issue
Assessment criteria: legally correct/comprehensive
What does legally comprehensive mean?
You need to deal with all the issues raised by the instructions
Assessment criteria: professional conduct
What should you do if you realise your client has come under an obligation to disclose documents which are unfavourable to their case?
Advise them of their obligations
Assessment criteria: professional conduct
From the perspective of acting in the best interests of the client, how comprehensive should the research be?
You must cover sources which support your client’s case, as well as those which are unfavourable
Advice should be objective, covering any weaknesses in your client’s case. Not making a client aware that a claim/defence is unlikely to succeed is not acting in their best interests.