SQE2 Legal Writing — Questions and Answers
Question 1: When drafting a letter of claim in accordance with the Pre-Action Protocol for Professional Negligence, what must the letter contain?
- Only a demand for payment
- A clear summary of the facts, the basis for the claim, a description of the loss suffered, and the remedy sought (Correct answer)
- A list of all case law authorities
- A request for the defendant's financial records
Correct answer: A clear summary of the facts, the basis for the claim, a description of the loss suffered, and the remedy sought
A letter of claim under the Pre-Action Protocol must set out the facts giving rise to the claim, the basis on which the claim is made (the alleged duty, breach, and causation), the nature of the loss suffered and how it is calculated, and the remedy sought.
Question 2: In legal writing, what does the principle of 'plain English' require?
- Using as much legal jargon as possible to demonstrate expertise
- Using clear, concise language that the intended reader can understand, avoiding unnecessary technical terms (Correct answer)
- Writing in informal slang
- Using the longest possible sentences to cover all points
Correct answer: Using clear, concise language that the intended reader can understand, avoiding unnecessary technical terms
Plain English in legal writing means using clear, straightforward language appropriate to the reader. Technical terms should be used only when necessary and explained where the reader may not understand them. This improves communication and reduces misunderstanding.
Question 3: When writing an attendance note, what information should it record?
- Only the outcome of the meeting
- The date, time, attendees, matters discussed, advice given, instructions received, and any agreed actions (Correct answer)
- Only the client's name
- A transcript of every word spoken
Correct answer: The date, time, attendees, matters discussed, advice given, instructions received, and any agreed actions
An attendance note should record key details including: date and time, who was present, matters discussed, advice given and the client's response, instructions received, agreed next steps, and the time spent. It serves as a contemporaneous record of the interaction.
Question 4: What is the correct approach to drafting particulars of claim for a High Court action?
- Include every detail and document available
- Set out a concise statement of the material facts, the legal basis of the claim, and the relief sought, in accordance with CPR Part 16 (Correct answer)
- Copy the letter of claim verbatim
- Include witness statements within the particulars
Correct answer: Set out a concise statement of the material facts, the legal basis of the claim, and the relief sought, in accordance with CPR Part 16
Under CPR Part 16, particulars of claim must contain a concise statement of the facts relied upon, specify the legal basis of the claim, and state the remedy or relief sought. They should not include evidence or lengthy argument — just the material facts.
Question 5: When writing a legal opinion or advice letter to a client, what structure is generally recommended?
- Start with the conclusion and provide no reasoning
- Begin with the issues, set out the relevant law and facts, apply the law to the facts, and conclude with clear advice and recommended next steps (Correct answer)
- Write in a stream of consciousness style
- List all possible outcomes without recommending any course of action
Correct answer: Begin with the issues, set out the relevant law and facts, apply the law to the facts, and conclude with clear advice and recommended next steps
A well-structured legal opinion follows IRAC or a similar framework: identify the Issues, state the relevant Rules (law), Apply the law to the facts, and Conclude with clear advice. It should end with practical recommended next steps for the client.
Question 6: In legal correspondence, when should 'without prejudice' be used?
- On all letters to the other side
- Only on communications that form part of a genuine attempt to settle a dispute (Correct answer)
- On internal memoranda
- When the solicitor wants to avoid liability for the contents
Correct answer: Only on communications that form part of a genuine attempt to settle a dispute
The 'without prejudice' rule protects communications made in a genuine attempt to settle an existing dispute. Such communications cannot be shown to the court as admissions. The label should only be used for genuine settlement discussions, not routine correspondence.
SQE2 Legal Writing
When drafting a letter of claim in accordance with the Pre-Action Protocol for Professional Negligence, what must the letter contain?