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Exam (elaborations)

Example of a full mark solicitor's letter Unit 1 - Dispute Solving in the Legal System

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This document is an example of a solicitor's letter marked by a tutor that received the mark of 30/30. The scenario is of a personal injury claim of a workplace dispute between an employer and an injured employee. This letter has been used as an example for others in class.

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February 18, 2025
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Perfect example of a solicitor’s letter (30/30 marks, marked by a tutor)
Scenario:
The client, Daniel White, used to work at Safe Co Logistics, and was involved in
an accident at work when a pallet stacked above his height collapsed and the
boxes fell on him. He sustained a fractured wrist and injured back, as a result of
his injuries, he had to stay off work for three months.


Law Firm, (Adress)
24th October 2024
Mr Daniel White, (Adress)



Dear Mr White,

Re: your personal injury claims against your employer from Safe Co Logistics
regarding your accident three months ago.

Thank you for contacting us regarding the recent accident you were involved in
when a pallet stacked above you became unstable and collapsed, causing the
boxes to fall onto you at work. I am writing to provide legal advice on how to
pursue thus claim during this difficult time.

Firstly, to file for a negligence claim, you need to send an N1 form to your
employer. Once they receive the form, they can accept your settlement offer and
pay you, ignore the claim, then it will automatically be in your favour, or disagree
with this settlement offer and claim. In this event, your employer will send an N9
form to you, which shows they want to dispute the claim legally.

One form of legal advice that is suitable for you is a trade union. For this, you
need to already be a member of a trade union, but if you are then the advice you
will receive will be free. One advantage of using a trade union is that they
specialise in workplace disputes, and personal injury claims. However, the
limitation of using a trade union is that your case might not be their priority, so it
might take a long time to receive advice. Another from of legal advice that I
would recommend you using is the Citizen’s Advice Bureau. They are a free and
usually local service, who give initial advice on how to pursue your claim.
However, one of the limitations of a Citizen’s Advice Bureau is that they might
refer you to a solicitor, which is unfortunately not an option for you due to your
current financial situation.

Legal advice and proceeding are very expensive, so you will have to choose a
method of funding. One type of funding that is appropriate for your situation is a
pro bono scheme. This is when volunteers from law firms or students represent
you and your case. An advantage of pro bono schemes is that they are free of
charge and the volunteer who represents you might be specialised in the field of
the claim. However, a disadvantage is the volunteer might be inexperienced, and
the schemes might be difficult to find. A different type of legal funding is CFA
(conditional fee agreement), where if you win your claim, you have to pay a
solicitor’s rate and a success fee, but if your case loses, you don’t pay. An
advantage is that the solicitor will only take your case if you are likely to win,
$5.05
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