Analysis and reporting - Drafting a research note or memoran...

Learning Outcomes

By the end of this article, you will be able to draft a concise and clear research note or memorandum suitable for legal practice, identify and analyse key legal issues, apply relevant primary and secondary sources, and communicate your findings and advice in a form that meets professional standards for SQE2. You will understand the essential structure, content, and style required, avoiding common mistakes and maximizing marks in your analysis and reporting assessments.

SQE2 Syllabus

For SQE2, you are required to understand the principles and techniques of drafting research notes and memoranda from a practical standpoint. You should focus your revision on:

• Identifying and stating the client’s objectives and legal issues in practical scenarios.
• Researching and applying relevant legal principles, case law, and statutory provisions.
• Summarising, analysing, and applying legal findings to specific factual scenarios.
• Presenting advice in a clear, accurate, and practical written format suitable for colleagues or clients.
• Using an appropriate structure, tone, and referencing style in your written report.

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

1. What is the main objective of a legal research note or memorandum in practice?
2. Name three essential sections that should always be included in a research memorandum for a supervisor.
3. Why is it important to link legal principles to the specific facts of the scenario?
4. What are the principal differences, in style and tone, between a client advice letter and an internal research note?

Introduction

Legal research notes and memoranda are a common assessment in the SQE2 exam and are fundamental tools in practice. You may be asked to produce an internal memorandum or note for a supervising solicitor, summarising your research and setting out advice. The required structure, analysis, and presentation differ from those in formal client correspondence and demand a focused, professional approach.

A well-constructed research note allows a colleague to quickly identify the main issues, understand your analysis, and take informed decisions. Clarity, accuracy, and suitability for the intended audience are essential throughout.

Structure of a Research Note or Memorandum

Legal research notes for internal use should be concise, logical, and suitable for rapid reference. The standard sections in most SQE2-style research memoranda are as follows:

1. Heading: Clearly state the addressee, sender, date, subject, and file reference, if any.
2. Summary of Instructions: Briefly state what you have been asked to do and any key client objectives.
3. Issues: Identify the specific legal and factual questions arising from the scenario.
4. Summary of Conclusion(s): Offer a succinct answer to each issue based on your analysis (this often follows straight after issues for quick reference).
5. Analysis: This is the core section—apply relevant law and facts methodically, using references to statutes and case law where appropriate.
6. Recommendations/Advice: Suggest any next steps, practical advice, or further actions.
7. References: Include a list of primary and secondary sources relied on, following firm style.
8. Author, Signature/Initials, Date: End with your name and date.

Key Term: Research Memorandum
A concise, structured legal document prepared for internal use, presenting research and advice on specific legal issues for colleagues or supervisors.

Key Term: Issues Section
The part of a memorandum which breaks down the scenario into numbered legal and factual questions to be answered.

Key Term: Analysis Section
The section where the relevant law is applied to the facts, demonstrating how the legal principles answer the issues identified.

Worked Example 1.1

Question:
You receive these instructions: “Our client was dismissed after rejecting a change to her contract. Is the employer's action lawful?” Briefly outline valid Issues, Conclusion, and Analysis sections for your research memorandum.

Answer:
Issues:

1. Was there a contractual right to impose the change?
2. Was the dismissal potentially unfair under the Employment Rights Act 1996?

Summary of Conclusion(s):

• The employer likely lacked a contractual right to unilaterally alter terms.
• The dismissal is likely to be unfair, subject to a fair procedure and legitimate reason.

Analysis:

• The relevant law (Employment Rights Act 1996) and case law on constructive dismissal state that fundamental contract changes without agreement can constitute a repudiatory breach, justifying an employee's objection and forming the basis for an unfair dismissal claim.

Writing Style and Tone

Your primary audience for a research note or memorandum is your supervisor or another legal professional, not the client. The tone must therefore be formal, detached, and analytical. Avoid emotional language or persuasive tone—your role is to inform, not to advocate or sell. Structure sentences concisely, avoid redundancy, and use plain legal English.

• Use headings and numbered issues for clarity.
• Avoid abbreviations or jargon unless well established within the firm.
• Reference all sources accurately. Use standard legal citations and pinpoint where necessary.

Key Term: Internal Audience
Persons within the legal practice (e.g., supervising solicitors, other lawyers) for whom research memoranda are prepared, as opposed to external clients.

Linking Law to Facts

One of the most frequent reasons candidates lose marks in SQE2 research notes is failure to explain how the law applies to the facts. Legal principles must be expressly connected to the scenario—do not merely recite case law or statutory extracts.

Worked Example 1.2

Question:
A client running a shop faces liability for a slip on ice outside her entrance. You find the local council is responsible for the pavement. How should this be presented in the Analysis section?

Answer:
The Occupiers' Liability Act 1957 covers only premises within the control of the shopkeeper, not the public highway. The council retains responsibility for the footpath under the Highways Act 1980. Therefore, our client owes no direct duty under the 1957 Act for this accident, based on the statutory definitions and on Langley v Dray [1998].

Presenting Conclusions and Recommendations

Your conclusions should answer each issue expressly, with clear reasoning. Avoid hedging language such as "it is possible that..." unless the law is genuinely unclear.

If practical steps are needed, state them directly (e.g., "Advise the client to..."). Recommendations add value and demonstrate your awareness of the client's or firm's objectives.

Common Mistakes to Avoid

Exam Warning

For SQE2, failing to structure your memorandum or omitting clear conclusions and practical recommendations will cost significant marks. Marks are also lost for merely repeating the facts or summarising law without proper application.

Revision Tip

Before submitting your memorandum, check each issue: Have you answered it directly? Is every statement supported by law or fact? Is your advice practical and concise?

Key Point Checklist

This article has covered the following key knowledge points:

• Understand the required structure and audience for a research note or memorandum in legal practice.
• Know how to identify issues and relate legal principles directly to the facts presented.
• Recognise the difference between Analysis and Conclusion in a memorandum.
• Appreciate the need for clear, practical recommendations or advice.
• Use accurate referencing and a formal, precise style.

Key Terms and Concepts

• Research Memorandum
• Issues Section
• Analysis Section
• Internal Audience