LLW1003 : Legal Writing & Drafting - Practise - Meetings - Professional Letter Writing - Assessment Answer

Internal code: 1AIACE Code: LLW1003

Legal Writing & Drafting - Assessment Answer

Assignment Tasks: Task 1:- Purpose of this assignment and ULOs assessed The purpose of this assignment is to: 1. Develop your writing skills using the principles of plain English. 2. Practice your writing skills based on observations 3. Prepare you for legal practice The unit learning outcomes assessed are: 1. Scrutinize complex legal problems; conduct research and draft legal documents in plain English language. 2. Interpret and apply different types of legal writing and drafting techniques and conventions. 3. Locate, analyse, adapt and use relevant legal precedents for effective legal drafting. 4. Employ analytical, cognitive, and written communication skills in producing context-specific legal documents, in contemporary Australian legal contexts. 5. 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. Requirements Draft a letter of advice to Daniel addressing the following: 1. the meetings between Daniel and yourself; 2. summarise and confirm the legal implications (eg penalties and options) based on a. the seriousness of the charge and the penalties that Daniel faces if he contests the charge and is found guilty; b. the weight of the police evidence; c. the option of requesting the police to downgrade the present charge to a lesser charge that carries lower penalties in exchange for Daniel pleading guilty to the lesser charge. d. a request for Daniel to obtain character references to be used in a plea in mitigation in case he is found guilty of the present charge or he pleads guilty to a lesser charge; 3. address general administrative matters a. a time frame for the next interview or meeting b. a request for a deposit of $4,000 towards costs, payable in two monthly instalments. 4. Writing a. Observe professional letter-writing conventions and structure. b. Clarity of written expression appropriate language style, grammar, punctuation, and spelling. c. Be persuasive. Structure an argument using the facts given, to support your case. Task 2: Draft a final settlement agreement that incorporates the terms agreed by the parties. Your agreement must include:

•  the key “action clauses” (settlement payments),
• a mutual release clause,
•  a non-disparagement clause,
•  a no admissions clause,
•  a jurisdiction clause and
•  a default clause.

Task 3: As the Senior Associate in the law practice of Brown and Blake Lawyers acting for Suzie Sampson, draft an affidavit on behalf of Frank Petersen to swear as a deponent in support of an interlocutory application for an order for substituted service. (You may make up minor details as long as they are consistent with the facts. You do not need to provide a barrister backing sheet and you do not need to draft the interlocutory application/application in the case itself.)

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