SQE2 LEGAL WRITING ASSESSMENT - EXAM NOTES
Language skills for clear, precise, concise & acceptable language; language appropriate to recipient;
letter template; Part 36 letter; email template
Assessment
• Form
o Candidate required to produce a letter/ email as solicitor acting in the matter which clearly and correctly
applies the law to the client’s concerns and is appropriate for recipient
o 3 assessments:
▪ 1 in context of Dispute Resolution (Contract and Tort Law)/ Criminal Litigation (Criminal Liability)
▪ 1 in context of Property Practice (Land Law)/ Wills & Intestacy, Probate & Practice (Trusts)
▪ 1 in context of Business Organisation, Rules & Procedures, including Money Laundering & Financial
Services (Contract Law)
o 1/++ assessment may involve negotiation
o E&PC pervasive throughout
o Receive instructions for each assessment in form of an email from partner
▪ Email will set out relevant facts, explain what candidate is required to do & stipulate whether answer is
to take form of letter/ email
▪ May be accompanied by document(s)
o Computer based assessment
o 30 mins to complete answer
• Letters
o In assessment, will be provided with electronic ‘template’ for letter → likely to be little more than firm’s
letterhead with recipient’s contact details completed
o Need to set out content of letter in appropriate way
o No set format for a letter
• Emails
o No set template
o In assessment, will be provided with electronic template → likely to be little more than mock-up of
standard email heading
• Purpose
o Important to establish purpose of communication before beginning writing
o Purposes:
▪ To seek/ confirm instructions
▪ Record documents received
▪ Give advice
▪ Set an agenda
▪ Propose/ persuade
▪ Request action
o Purpose + identity of recipient determines the contents of letter/email + influences language & structure
• Recipient
o Written communication must be suitable for intended recipient
o Client
▪ Purpose = usually to give advice
▪ Need to strike right balance of friendliness with professionalism
▪ Usually client will have little/ no legal knowledge .: correct advice must be given and must be
communicated in a way that lay person can understand
• Complex legal concepts may need to be carefully explained
o The other side
▪ Usually written in name of firm rather than individual solicitor dealing with matter .: more formal
▪ Can have several purposes → reflected in tone & style
• May be straightforward neutral request for information
, • Set out allegations which form substance of client’s claim → more forceful in tone
• Proposal for settlement → more conciliatory + marked ‘without prejudice save as to costs’
o Third parties
▪ E.g. in PI case, writing to expert instructing them to carry out e.g. medical examination & prepare a
report on client’s injuries
▪ E.g. in criminal matter, writing to potential witness seeking permission to interview them about the
incident
▪ May be simply informative → correspond with courts, HMRC, Companies House etc
o Colleagues
▪ Important to adopt professional tone & style
• Language
o Clarity of expression is key
o Language must be clear & straightforward
o Use plain English in all forms of written communication
o Language must cater for recipient’s level of knowledge & understanding
▪ Lay client = little/ no knowledge of law so jargon & technical terms/ legalese shouldn’t be used a general
rule & should never be used without explanation
▪ When writing to another lawyer, using technical language is more acceptable
o Style must be concise
o Acronyms & abbreviations can keep sentences short
o Some communications are in name of individual solicitor .: must be written in 1 st person singular i.e. ‘I am
writing…’
o Some communications are written on behalf of firm .: 1st person plural must be used i.e. ‘we are…’
o No spell check/ grammar check functions in assessment
• Structure
o No set rules about how to structure piece of legal writing except that it must be logical
o Content of letters/ emails should be broken down into series of paragraphs, each one dealing with a
separate topic
o Presenting content in manageable section makes it easier for recipient to follow & understand
o No specific requirement as to length of a paragraph
o Sensible to assign each key point/ issue a separate paragraph
• Layout
o Layout should be such as to create a professional appearance
o Sub-hearings used should be short, ideally not more than 2/3 words
o Writing sub-heading in bold text will make it stand out
o Incorporating bullet points in letters & emails can be useful
▪ Can be employed to highlight/ summarise key elements
▪ Help keep letter/ email concise
• Tone
o Appropriate tone to adopt = courteous, professional & business like
o Contractions, slang & colloquial language are to be avoided
o Stupe of writing should be restrained
o Unnecessary adverbs create overemphasis .: should be avoided
• Legal content
o Must be accurate & unambiguous
o Usually matter of using/ explaining the law rather than setting out the detail
▪ E.g. letter of advice to client should explain how the relevant law applies to facts of client’s case
o Precision is important
o Letter/ emails don’t usually require use of case names/ statutory references
▪ Almost invariably inappropriate where recipient is a lay person → wont be understood
▪ Usually unnecessary if recipient is a lawyer
, • Ethics and professional conduct issues
o Can arise in variety of ways:
▪ Solicitor may be asked by opponent/ client to give an undertaking in circumstances where it would be
inappropriate to do so e.g. because subject matter is beyond solicitor’s control
▪ Solicitor may be asked by client to advise someone else involved in case/ transaction in circumstances
where there would be a conflict of interest
• solicitor has duty to act in client’s best interests but this doesn’t mean must do everything client says
• in such circumstances, it’s a matter of explaining why, for professional conduct reasons, you cant do
what client asks
▪ content of letter/ email shouldn’t cause writer to be in breach of rules of professional conduct/ act in
unethical manner
• e.g. letter/e email shouldn’t contain statements which are untrue
▪ tone of letter/email must be considered carefully
• ‘robust’ communication with opponents is permissible but should ensure such communications don’t
cross the line by using inflammatory language/ being gratuitously offences either to other side/ about
their client
▪ Number of client care matters e.g. costs which must be dealt with at outset of client’s case as matter of
professional conduct
o Whether required to deal with any/ all of these in assessment will depend on scenario
▪ Might be necessary if e.g. asked to write a letter to client following 1st meeting
o Must check instructions carefully → may be specific direction to the effect that such matters don’t need
to be addressed
Language skills for clear, precise, concise & acceptable language; language appropriate to recipient;
letter template; Part 36 letter; email template
Assessment
• Form
o Candidate required to produce a letter/ email as solicitor acting in the matter which clearly and correctly
applies the law to the client’s concerns and is appropriate for recipient
o 3 assessments:
▪ 1 in context of Dispute Resolution (Contract and Tort Law)/ Criminal Litigation (Criminal Liability)
▪ 1 in context of Property Practice (Land Law)/ Wills & Intestacy, Probate & Practice (Trusts)
▪ 1 in context of Business Organisation, Rules & Procedures, including Money Laundering & Financial
Services (Contract Law)
o 1/++ assessment may involve negotiation
o E&PC pervasive throughout
o Receive instructions for each assessment in form of an email from partner
▪ Email will set out relevant facts, explain what candidate is required to do & stipulate whether answer is
to take form of letter/ email
▪ May be accompanied by document(s)
o Computer based assessment
o 30 mins to complete answer
• Letters
o In assessment, will be provided with electronic ‘template’ for letter → likely to be little more than firm’s
letterhead with recipient’s contact details completed
o Need to set out content of letter in appropriate way
o No set format for a letter
• Emails
o No set template
o In assessment, will be provided with electronic template → likely to be little more than mock-up of
standard email heading
• Purpose
o Important to establish purpose of communication before beginning writing
o Purposes:
▪ To seek/ confirm instructions
▪ Record documents received
▪ Give advice
▪ Set an agenda
▪ Propose/ persuade
▪ Request action
o Purpose + identity of recipient determines the contents of letter/email + influences language & structure
• Recipient
o Written communication must be suitable for intended recipient
o Client
▪ Purpose = usually to give advice
▪ Need to strike right balance of friendliness with professionalism
▪ Usually client will have little/ no legal knowledge .: correct advice must be given and must be
communicated in a way that lay person can understand
• Complex legal concepts may need to be carefully explained
o The other side
▪ Usually written in name of firm rather than individual solicitor dealing with matter .: more formal
▪ Can have several purposes → reflected in tone & style
• May be straightforward neutral request for information
, • Set out allegations which form substance of client’s claim → more forceful in tone
• Proposal for settlement → more conciliatory + marked ‘without prejudice save as to costs’
o Third parties
▪ E.g. in PI case, writing to expert instructing them to carry out e.g. medical examination & prepare a
report on client’s injuries
▪ E.g. in criminal matter, writing to potential witness seeking permission to interview them about the
incident
▪ May be simply informative → correspond with courts, HMRC, Companies House etc
o Colleagues
▪ Important to adopt professional tone & style
• Language
o Clarity of expression is key
o Language must be clear & straightforward
o Use plain English in all forms of written communication
o Language must cater for recipient’s level of knowledge & understanding
▪ Lay client = little/ no knowledge of law so jargon & technical terms/ legalese shouldn’t be used a general
rule & should never be used without explanation
▪ When writing to another lawyer, using technical language is more acceptable
o Style must be concise
o Acronyms & abbreviations can keep sentences short
o Some communications are in name of individual solicitor .: must be written in 1 st person singular i.e. ‘I am
writing…’
o Some communications are written on behalf of firm .: 1st person plural must be used i.e. ‘we are…’
o No spell check/ grammar check functions in assessment
• Structure
o No set rules about how to structure piece of legal writing except that it must be logical
o Content of letters/ emails should be broken down into series of paragraphs, each one dealing with a
separate topic
o Presenting content in manageable section makes it easier for recipient to follow & understand
o No specific requirement as to length of a paragraph
o Sensible to assign each key point/ issue a separate paragraph
• Layout
o Layout should be such as to create a professional appearance
o Sub-hearings used should be short, ideally not more than 2/3 words
o Writing sub-heading in bold text will make it stand out
o Incorporating bullet points in letters & emails can be useful
▪ Can be employed to highlight/ summarise key elements
▪ Help keep letter/ email concise
• Tone
o Appropriate tone to adopt = courteous, professional & business like
o Contractions, slang & colloquial language are to be avoided
o Stupe of writing should be restrained
o Unnecessary adverbs create overemphasis .: should be avoided
• Legal content
o Must be accurate & unambiguous
o Usually matter of using/ explaining the law rather than setting out the detail
▪ E.g. letter of advice to client should explain how the relevant law applies to facts of client’s case
o Precision is important
o Letter/ emails don’t usually require use of case names/ statutory references
▪ Almost invariably inappropriate where recipient is a lay person → wont be understood
▪ Usually unnecessary if recipient is a lawyer
, • Ethics and professional conduct issues
o Can arise in variety of ways:
▪ Solicitor may be asked by opponent/ client to give an undertaking in circumstances where it would be
inappropriate to do so e.g. because subject matter is beyond solicitor’s control
▪ Solicitor may be asked by client to advise someone else involved in case/ transaction in circumstances
where there would be a conflict of interest
• solicitor has duty to act in client’s best interests but this doesn’t mean must do everything client says
• in such circumstances, it’s a matter of explaining why, for professional conduct reasons, you cant do
what client asks
▪ content of letter/ email shouldn’t cause writer to be in breach of rules of professional conduct/ act in
unethical manner
• e.g. letter/e email shouldn’t contain statements which are untrue
▪ tone of letter/email must be considered carefully
• ‘robust’ communication with opponents is permissible but should ensure such communications don’t
cross the line by using inflammatory language/ being gratuitously offences either to other side/ about
their client
▪ Number of client care matters e.g. costs which must be dealt with at outset of client’s case as matter of
professional conduct
o Whether required to deal with any/ all of these in assessment will depend on scenario
▪ Might be necessary if e.g. asked to write a letter to client following 1st meeting
o Must check instructions carefully → may be specific direction to the effect that such matters don’t need
to be addressed
