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Drafting exercise advice
Hi all. I have my first assessment centre tomorrow, which I'm unbelievably nervous about! One of the assessments is a drafting exercise, which I think will involve being given a scenario and the relevant law, then being asked to draft a letter to the client. I appreciate that this would need to be in non-technical language etc, but presumably I still need to mention relevant statutes/ cases? I'm feeling (relatively) confident about this exercise, but this question just occurred to me!
Well, nobody has stepped up to the mark, so, for what it's worth I'll give my opinion...
I did a promotion assessment centre a few years ago. All job related stuff - drafting memo's, completing standard forms, chairing a meeting etc... At my de-brief I was told the sort of stuff they were looking for - and believe it or not, a good deal of the marks went on BODY LANGUAGE!!!! Although that wasn't your question - my advice would be to relax and enjoy it as a challenge and a chance to show your qualities off.
As for the drafting exercise... Well, I'm not sure what the content of a letter to a client should consist of, but I dare say you aren't going to go wrong by stating "we believe there is a case as supported by..." and giving the relevant statue/precedents that apply. (or words to that effect) - but what do i know!
I did a promotion assessment centre a few years ago. All job related stuff - drafting memo's, completing standard forms, chairing a meeting etc... At my de-brief I was told the sort of stuff they were looking for - and believe it or not, a good deal of the marks went on BODY LANGUAGE!!!! Although that wasn't your question - my advice would be to relax and enjoy it as a challenge and a chance to show your qualities off.
As for the drafting exercise... Well, I'm not sure what the content of a letter to a client should consist of, but I dare say you aren't going to go wrong by stating "we believe there is a case as supported by..." and giving the relevant statue/precedents that apply. (or words to that effect) - but what do i know!
Fireman John
Well, nobody has stepped up to the mark, so, for what it's worth I'll give my opinion...
I did a promotion assessment centre a few years ago. All job related stuff - drafting memo's, completing standard forms, chairing a meeting etc... At my de-brief I was told the sort of stuff they were looking for - and believe it or not, a good deal of the marks went on BODY LANGUAGE!!!! Although that wasn't your question - my advice would be to relax and enjoy it as a challenge and a chance to show your qualities off.
As for the drafting exercise... Well, I'm not sure what the content of a letter to a client should consist of, but I dare say you aren't going to go wrong by stating "we believe there is a case as supported by..." and giving the relevant statue/precedents that apply. (or words to that effect) - but what do i know!
I did a promotion assessment centre a few years ago. All job related stuff - drafting memo's, completing standard forms, chairing a meeting etc... At my de-brief I was told the sort of stuff they were looking for - and believe it or not, a good deal of the marks went on BODY LANGUAGE!!!! Although that wasn't your question - my advice would be to relax and enjoy it as a challenge and a chance to show your qualities off.
As for the drafting exercise... Well, I'm not sure what the content of a letter to a client should consist of, but I dare say you aren't going to go wrong by stating "we believe there is a case as supported by..." and giving the relevant statue/precedents that apply. (or words to that effect) - but what do i know!
Well thank you very much for replying!
A few people have said the same thing about body language... I remember reading something saying that what you actually say only makes up 7% of the decision making process or something, but I'm always a bit dubious about statistics like that! I'll certainly do my best to maintain eye contact without staring, smile, stand up straight, look interested, etc! Hopefully once I get there I'll feel more relaxed about it and I'll definitely let you know how I get on.
OK,
From the employer's "side of the fence", I'm actually a big fan of these drafting exercises. They force a candidate to think clearly and express themselves succinctly under pressure - which is exactly what you're going to be required to do when you start work.
Don't assume that the drafting exercise will be law based (unless the firm has told you otherwise). There may well be non-law grads attending the assessment centre and so it is unlikely that you'll be required to draw on your existing knowledge of the law. If it is law-related, then it is more likely that the legal issues will be fictional (i.e. you're given a made-up piece of legislation or cases).
The alternative is that you're asked to draft something completely non-legal (as opposed to "illegal"!). I remember attending an assessment day at, I think, Ashurst Morris Crisp (as they used to be!) about 9 or 10 years ago and we all had to draft the rules to a well-known simple board game (eg snakes & ladders, draughts etc) but without using a diagram. You'd be surprised how difficult it is!
If you are given a "straight" legal problem to advise on, then keep reference to statute and case law to an absolute minimum. That's what you'll be required to do when you start to practise. You are NOT being tested on your legal knowledge (that's what exams are for), rather you are being tested on your ability to convey concepts, ideas and advice in a way which is easy to understand. For example, if the scenario involves a client's property being damaged by something on his neighbour's land then you're better off saying "Under English law, your neighbour is strictly liable for the damage which has been caused to your property - in other words, it won't be necessary to prove that he has been negligent". Rather than "The case of Rylands v fletcher in 1868 held that...." etc etc.
As with any drafting, you're trying to explain something as clearly as possible as simply as possible. Short sentences are good. A letter might start with a short summary of your understanding of the facts, continue to identify the main legal issues and then provide your advice. Sub-headings are useful - anything to help the reader follow what you're trying to say.
Right, for all my spouting about clarity and conciseness, I've rambled for ages.
Hope that helps....
Chalks.
From the employer's "side of the fence", I'm actually a big fan of these drafting exercises. They force a candidate to think clearly and express themselves succinctly under pressure - which is exactly what you're going to be required to do when you start work.
Don't assume that the drafting exercise will be law based (unless the firm has told you otherwise). There may well be non-law grads attending the assessment centre and so it is unlikely that you'll be required to draw on your existing knowledge of the law. If it is law-related, then it is more likely that the legal issues will be fictional (i.e. you're given a made-up piece of legislation or cases).
The alternative is that you're asked to draft something completely non-legal (as opposed to "illegal"!). I remember attending an assessment day at, I think, Ashurst Morris Crisp (as they used to be!) about 9 or 10 years ago and we all had to draft the rules to a well-known simple board game (eg snakes & ladders, draughts etc) but without using a diagram. You'd be surprised how difficult it is!
If you are given a "straight" legal problem to advise on, then keep reference to statute and case law to an absolute minimum. That's what you'll be required to do when you start to practise. You are NOT being tested on your legal knowledge (that's what exams are for), rather you are being tested on your ability to convey concepts, ideas and advice in a way which is easy to understand. For example, if the scenario involves a client's property being damaged by something on his neighbour's land then you're better off saying "Under English law, your neighbour is strictly liable for the damage which has been caused to your property - in other words, it won't be necessary to prove that he has been negligent". Rather than "The case of Rylands v fletcher in 1868 held that...." etc etc.
As with any drafting, you're trying to explain something as clearly as possible as simply as possible. Short sentences are good. A letter might start with a short summary of your understanding of the facts, continue to identify the main legal issues and then provide your advice. Sub-headings are useful - anything to help the reader follow what you're trying to say.
Right, for all my spouting about clarity and conciseness, I've rambled for ages.
Hope that helps....
Chalks.
Thanks so much, chalks - I was hoping you might be about! I've been told that it will be legal advice to a client, but that the area of law will be one not taught on undergraduate courses, so as not to put non-law students at a disadvantage. Anyway, your comments are extremely helpful and I like the idea of structuring a letter in that way - thanks again!
Best point made is DO NOT baffle them with law. Clients want solutions, and the one thing they most certainly do not want to see is a load of jargon which they dont understand. By all means say "the issue is x" or whatever, but do not say "under sX of the Y Act 1964 youa re..." you get the picture. Its not like in academics where oyu want authority for everything.
Make sure your language is perfect, and yeah ... that anybody could understand it. However, in the corporate world often the client will be an in-house lawyer or a business director who will know whats going on anyway and you don't want to patronise them, you still need to write in short sentences (as chalks said) and make it absolutely clear what al the relvant options are, and which one you would proceed with. But explain them all, as the client doesn't HAVE to take your advice, although he probably should lol.
Good luck matey!
Make sure your language is perfect, and yeah ... that anybody could understand it. However, in the corporate world often the client will be an in-house lawyer or a business director who will know whats going on anyway and you don't want to patronise them, you still need to write in short sentences (as chalks said) and make it absolutely clear what al the relvant options are, and which one you would proceed with. But explain them all, as the client doesn't HAVE to take your advice, although he probably should lol.
Good luck matey!
Like Chalks and lewis have stated, do not state relevant statutes/precedents. From looking at old solicitor letters that my mum holds, her solicitor doesnt include any citation at all. It would just not be relevant and for the non-lawyer, very intimidating.
From a client point of view, he just wants you to sort out his problem, not to baffle them with legal jargon!
From a client point of view, he just wants you to sort out his problem, not to baffle them with legal jargon!
chalks
No problem.
If in doubt, think to yourself - would my Mum/dad/best friend understand what I'm trying to explain here? If not, start again!
If in doubt, think to yourself - would my Mum/dad/best friend understand what I'm trying to explain here? If not, start again!
That's such a good way of thinking of it! It turned out to be advice to a client about an insurance policy, but I think the actual law was fictional. The only hard thing was planning and writing the letter in such a short timeframe, but I think I did ok. Anyway, thanks everyone for your help - the whole day went pretty well, but it's difficult to tell how you're doing compared with others, so it's just a matter of waiting to see what happens.
what firms have you been to if you dont mind saying?
Related discussions
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