This computer-based assessment requires candidates to draft a legal document or parts of it. This task may involve drafting from a precedent, amending an existing document, or creating a document from scratch without a precedent.
Preparation Time
★ 45 minutes: Candidates have this time to complete the task.
Objective
Demonstrate the ability to draft a legal document or parts of a legal document for a client, which includes:
★ Using clear, precise, concise, and professionally acceptable language.
★ Structuring the document appropriately and logically.
★ Drafting a document that is legally correct.
★ Drafting a document that is legally comprehensive, identifying any ethical and professional conduct issues, and exercising sound judgment to resolve them with honesty and integrity.
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.
A2. Maintain the level of competence and legal knowledge
★ 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.
Technical legal practice
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.
B4. Draft documents which are legally effective and accurately reflect the client's instructions
★ Being able to draft documents from scratch as well as making appropriate use of precedents.
★ Addressing all relevant legal and factual issues.
★ Complying with appropriate formalities.
★ Using clear, accurate and succinct language.
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.
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.