Overview - 6. Case and Matter Analysis

Question 1

How long is the case and matter analysis assessment?

Answer 1

60 minutes

Question 2

What is the most basic description of the task in the case and matter analysis assessment?

Answer 2

Review case study with documents, and produce a written report to a partner setting out legal analysis of the case and providing client-focused advice

Question 3

What is the assessment objective for the case and matter analysis assessment?

Answer 3

Demonstrate ability to produce a written report to a partner giving legal analysis of the case and client-focused advice

Question 4

What are the assessment criteria for the case and matter analysis assessment?

Answer 4

• Identify relevant facts
• Provide client-focused advice
• Clear, precise, concise, and acceptable language
• Legal content correct and professional conduct identified

Question 5

Assessment criteria: identify relevant facts

As you likely won’t have time to list relevant facts at the start of the report, how should you demonstrate you have identified them?

Answer 5

Tie them in when explaining the position

Question 6

Assessment criteria: client-focused advice

What is a good way to keep advice client-focused?

Answer 6

Tell the client everything they want/need to know, not everything you know

Question 7

Assessment criteria: client-focused advice

What are some questions to consider when providing client-focused advice?

Answer 7

• Who is my client?
• What background info is relevant to the advice I will provide?
• What are the client’s objectives?
• What are their concerns?
• What options are available?
• Can client impose their wishes on others?
• If not, what can client offer in return for others agreeing to their wishes?

Question 8

Assessment criteria: clear, precise, concise, and acceptable

Even though the report is prepared for a partner, what should you ensure and why?

Answer 8

Ensure you write in a way the lay client can understand, as the partner may wish to cut and paste parts to the client

Do not do this at the expense of relevant detail and law

Question 9

Assessment criteria: legally correct/professional conduct

When negotiating, or offering advice for negotiation, why should you not make an offer which is unattractive to the other side?

Answer 9

Because the other side simply walking away, or worse, being offended/insulted, is not in your client’s best interests

Question 10

Assessment criteria: legally correct/professional conduct

What other things should you consider when negotiating, or offering advice for negotiation?

Answer 10

• Alternatives to settling and how attractive they are to client
• That parties may wish to work together in future
• Sticking points of both your client and the other side (and let the range of options be bounded by this)

Question 11

Tips

How should you refer to legal content to signpost that you are dealing with it to the examiner?

Answer 11

Using a phrase which includes law or legal

Examples:
* The legal basis of the claim is negligence on the basis the defendant’s advice was below the standard of what could be expected from a reasonably competent accountant
* The CPR contain the relevant procedural law governing disclosure and inspection of documents…

Question 12

Tips

How should you phrase the advice if writing to (1) a supervisor and (2) the client?

Answer 12

1. I would advise the client to…
2. I would advise you to…

Question 13

Approach

When you read the instructions and identify the issues (including what is out of scope), what should you do?

Answer 13

Note down the issues as headers before even reading the remainder of the report

Include professional conduct and negotiation as headers, to be deleted at the end if nothing comes up for them

Question 14

Approach

Before reading the case papers, what should you do?

Answer 14

Note down some key points of law relevant to the issues you have identified

Question 15

Approach

When you read through the case papers, what should you do?

Answer 15

Note the sections you will copy into your advice later

Question 16

Approach

Based on this template, how should you complete the answer?

Answer 16

Flesh out, refine, and add in the relevant law and relevant extracts from the case papers

Apply the law to the facts, and reach a clear and specific conclusion on each issue

Question 17

Approach

How should you wrap up the report?

Answer 17

With a set of clear outcomes for the client and the firm

Include what the the next steps are for the client, and how can the firm assist