Case and matter analysis

Overview, objective, assessment criteria

Overview

This computer-based assessment requires candidates to review a case study along with its associated documents and prepare a written report for a partner. The report should include a legal analysis of the case and provide client-focused advice, which may optionally cover negotiation strategies and options.

Preparation Time

  • 60 minutes: Candidates are allotted this time to complete the task.

Objective

  • Demonstrate the ability to produce a comprehensive written report for a partner, incorporating a legal analysis and client-focused advice.
  • Skills
    • ★ Identifying Relevant Facts: Accurately pinpointing the key facts of the case.
    • ★ Providing Client-Focused Advice: Delivering advice that shows an understanding of the client’s perspective and objectives, not just a legal standpoint.
    • ★ Using Clear and Precise Language: Communicating in a manner that is clear, precise, concise, and professional.
  • Application of Law
    • ★ Correct Application of Law: Applying legal principles accurately to the client's situation.
    • ★ Comprehensive Legal Application: Thoroughly applying the law to the client’s situation, identifying any ethical and professional conduct issues, and resolving them with integrity and sound judgment.

Assessment Criteria

Ethics, professionalism and judgment

A1. Act honestly and with integrity

  • ★ Recognising ethical issues and exercising effective judgment in addressing them.
  • ★ Understanding and applying the ethical concepts which govern their role and behaviour as a lawyer.
  • ★ Identifying the relevant SRA principles and rules of professional conduct and following them.
  • ★ Resisting pressure to condone, ignore or commit unethical behaviour.
  • ★ Respecting diversity and acting fairly and inclusively.
  • ★ Taking responsibility for personal learning and development.
  • ★ Reflecting on and learning from practice and learning from other people.
  • ★ Accurately evaluating their strengths and limitations in relation to the demands of their work.
  • ★ Maintaining an adequate and up-to-date understanding of relevant law, policy and practice.
  • ★ Adapting practice to address developments in the delivery of legal services.

A3. Work within the limits of their competence

  • ★ Disclosing when work is beyond their personal capability.
  • ★ Recognising when they have made mistakes or are experiencing difficulties and taking appropriate action.
  • ★ Seeking and making effective use of feedback, guidance and support where needed.
  • ★ Knowing when to seek expert advice.

A4. Draw on a sufficient detailed knowledge and understanding

  • ★ Identifying relevant legal principles.
  • ★ Applying legal principles to factual issues, so as to produce a solution which best addresses a client's needs and reflects the client's commercial or personal circumstances.
  • ★ Spotting issues that are outside their expertise and taking appropriate action, using both an awareness of a broad base of legal knowledge (insofar as relevant to their practice area) and detailed knowledge of their practice area.

A5. Apply understanding, critical thinking and analysis

  • ★ Assessing information to identify key issues and risks.
  • ★ Recognising inconsistencies and gaps in information.
  • ★ Evaluating the quality and reliability of information.
  • ★ Using multiple sources of information to make effective judgments.
  • ★ Reaching reasoned decisions supported by relevant evidence.

B1. Obtain relevant facts

  • ★ Obtaining relevant information through effective use of questioning and active listening.
  • ★ Recognising when additional information is needed.
  • ★ Interpreting and evaluating information obtained.
  • ★ Recording and presenting information accurately and clearly.

B3. Develop and advise on relevant options, strategies and solutions

  • ★ Understanding and assessing a client's commercial and personal circumstances, their needs, objectives, priorities and constraints.
  • ★ Ensuring that advice is informed by appropriate legal and factual analysis and identifies the consequences of different options.

B6. Negotiate solutions to clients' issues

  • ★ Identifying all parties’ interests, objectives and limits.
  • ★ Developing and formulating best options for meeting parties' objectives.
  • ★ Presenting options for compromise persuasively.
  • ★ Responding to options presented by the other side.
  • ★ Developing compromises between options or parties.
  • ★ Applying relevant processes and procedures to progress the matter effectively.
  • ★ Assessing, communicating and managing risk.
  • ★ Bringing the transaction or case to a conclusion.

Working with other people

C1. Communicate clearly and effectively, orally and in writing

  • ★ Ensuring that communication achieves its intended objective.
  • ★ Responding to and addressing individual characteristics effectively and sensitively.
  • ★ Using the most appropriate method and style of communication for the situation and the recipient(s).
  • ★ Using clear, succinct and accurate language avoiding unnecessary technical terms.
  • ★ Using formalities appropriate to the context and purpose of the communication.
  • ★ Maintaining the confidentiality and security of communications.
  • ★ Imparting any difficult or unwelcome news clearly and sensitively.

C2. Establish and maintain effective and professional relations with clients

  • ★ Treating clients with courtesy and respect.
  • ★ Providing information in a way that clients can understand, taking into account their personal circumstances and any particular vulnerability.
  • ★ Understanding and responding effectively to clients’ particular needs, objectives, priorities and constraints.
  • ★ Identifying and taking reasonable steps to meet the particular service needs of all clients including those in vulnerable circumstances.
  • ★ Identifying possible courses of action and their consequences and assisting clients in reaching a decision.
  • ★ Managing clients’ expectations regarding options, the range of possible outcomes, risk and timescales.
  • ★ Agreeing the services that are being provided and a clear basis for charging.
  • ★ Explaining the ethical framework within which the solicitor works.
  • ★ Informing clients in a timely way of key facts and issues including risks, progress towards objectives, and costs.
  • ★ Responding appropriately to clients' concerns and complaints.

Managing themselves and their own work

D1. Initiate, plan, prioritise and manage work activities and projects

  • ★ Clarifying instructions so as to agree the scope and objectives of the work.