LLW1003 : Legal Writing & Drafting – Assignment Prepare a Letter of Advice to a Client - Law Assignment Help

Assignment Task:

TASK:

Task Prepare a letter of advice to a client (based on the materials provided).

Submission requirements Submit electronic copy Assignment 1 dropbox link on unit’s VU Collaborate space. Please save filename as Surname_FirstName_LLW1003_dox prior to uploading.
(Also read this Unit of Study Guide and the statement attached to the dropbox for warnings regarding collusion and plagiarism and information about avoiding those behaviours.)
Late penalty 5% per day including any weekend days and public holidays. Where there is any question about time of submission, the timing of the online submission will be used provided the file uploaded is in a format readable by the examiner and the online marking system (MSWord format for the assignment;). No further submissions will be accepted three days after the due date (Also see this Unit of Study guide for information on extensions and special consideration)
Referencing requirements AGLC 4 compliant bibliography must be attached to your assignment. Footnotes are NOT required for the letter.
Relationship to other tasks and assessments
You will be able to use the feedback from this task to complete Assessment task 2 and Assessment task 3. In session 3 in class you would have completed a legal writing activity which will assist you in completing this task. You may use material in your readings and referred to in class as a guide to structure, content and format.
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 Eddie Cabinstone
• These facts are fictitious - TRIGGER WARNING: This assignment concerns a hypothetical scenario in relation to an intervention order.
• Scenario
• You are a Senior Associate in the law practice of Victoria Lawyers. Mr Eddie Cabinstone has instructed you to represent him in an intervention order matter.
• You have interviewed Eddie twice and have notes of your interviews. You have also obtained copies of text messages and an email from the other party’s lawyer.
• Requirements
• Draft a letter of advice to Eddie addressing the following:
• The meetings between Eddie and yourself;
• Summarise and confirm the legal implications (options and consequences where appropriate to do so) based on
• the interim intervention order and the penalties Eddie may face if he breaches it;
• the application and summons for intervention order and the implications (including legal costs) if Eddie contests it;
• the weight of the evidence;
• the option of negotiating an undertaking with the applicant to resolve the matter;
• Or the option of agreeing without admissions to the Order
• 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 five weekly 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 remember it is a Civil matter. Although sometimes police charges may arise from an incident this matter concerns the Intervention Order, itself. 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 Eddie:
• Information on the law required for this assessment
• The legislation that is relevant in this matter
• Victoria Lawyers interview notes with Eddie Cabinstone
• Interim Intervention Order
• Application and Summons for Intervention Order
• Copies of text messages between the parties
• Email
• Information on the Intervention Order matter required for this assessment
• To obtain a final Intervention order the affected family member needs to show on the balance of probabilities:–
• The respondent has committed family violence against the affected family member and
• is likely to continue to do so or do so again or
• The process for obtaining an Intervention Order usually takes place by the police applying on behalf of an affected family member (AFM) or by that AFM making a direct application with the Court. When making an application the affected family member is able to apply for an “interim intervention order”. An Interim Intervention Order is a short term order (usually until the matter is resolved or a final decision is made by the Magistrate). It is made when the Magistrate believes a AFM is not safe or needs protecting immediately. It can be made without the Respondent being aware.
• After the interim order has been determined, a copy of the interim order and Summons and Application is served by the police on the Respondent. The parties are then required to attend Court.
• An Intervention Order matter is a civil matter and only becomes a criminal matter if the Order is breached.
• The relevant legislative provisions are set out on the next page including the penalties for breaching an Intervention Order. A penalty unit is the value of a fine. One penalty unit in Victoria is currently $165.22 until 30 June 2021. (noting it is reviewed each year)

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