Highlights
Purpose of this assignment and ULOs assessed
The purpose of this assignment is to:
Develop your writing skills using the principles of plain English
Practice your writing skills based on observations
Prepare you for legal practice
The unit learning outcomes assessed are:
Scrutinise complex legal problems; conduct research and draft legal documents in plain English language (LO 1)
Interpret and apply different types of legal writing and drafting techniques and conventions (LO 2)
Locate, analyse, adapt and use relevant legal precedents for effective legal drafting (LO 3)
Employ analytical, cognitive, and written communication skills in producing context-specific legal documents, in contemporary Australian legal contexts (LO 4)
Utilise a variety of approaches to interpreting legal documents (“statutory interpretation”) and understand how such approaches may inform the process of drafting legal documents in appropriate contexts. (LO 5)
Letter of Advice - In the Matter of Melissa Cameron
Scenario
You are a Senior Associate in the law practice of Victoria Lawyers. Ms Melissa Cameron has instructed you to represent her in a criminal matter.
The police have charged Melissa with the offence of Dangerous Driving causing serious injury.
You have interviewed Melissa twice and have notes of your interviews. You have also obtained from the police a copy of the Brief of Evidence.
Requirements
Draft a letter of advice to Melissa addressing the following:
The meetings between Melissa and yourself;
Summarise and confirm the legal implications (eg penalties and options) based on
the seriousness of the charge and the penalties that Melissa faces if she contests the charge and is found guilty;
the weight of the police evidence;
the option of requesting the police to downgrade the present charge to a lesser charge that carries lower penalties in exchange for Melissa pleading guilty to the lesser charge;
a request for Melissa obtain character references to be used in a plea in mitigation in case she is found guilty of the present charge or she pleads guilty to a lesser charge;
Address general administrative matters;
a time frame for the next interview or meeting;
a request for a deposit of $5,000 towards costs, payable in two monthly instalments.
Writing
Observe professional letter-writing conventions and structure;
Clarity of written expression appropriate language style, grammar, punctuation and spelling;
Be persuasive. Structure an argument using the facts given, to support your case.
For this exercise you do not need to canvass legal defences, so you can assume they are not relevant. You may make up minor details where no information is available, so long as it is consistent with the facts provided.
Please use the following documents when you write your letter to Melissa:
Information on the criminal law required for this assessment
The legislation that is relevant in this matter
Victoria Lawyers Interview notes with Melissa Cameron
Charge and summons
Brief of evidence
Charge
Witness statements as attached
Victoria Lawyers Interview 2 notes with Melissa Cameron
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