Learning Outcomes
After reading this article, you will be able to identify legal issues from a factual scenario, apply relevant law to the material facts, structure logically sound legal analysis, evaluate the strengths and weaknesses of a case, and report on legal merits in clear, concise written form, as required for SQE2 assessment tasks.
SQE2 Syllabus
For SQE2, you are required to demonstrate robust and practical skills in applying legal principles to facts and accurately assessing legal merits. Carefully review:
- Identifying material facts and relevant legal issues in client scenarios and dispute files
- Applying statute and case law to specific factual circumstances
- Evaluating legal merits, including strengths and weaknesses of parties' positions
- Structuring and presenting written legal analysis and advice clearly, concisely, and logically
- Making reasoned recommendations and recording legal advice in a form suitable for internal or client reports
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.
- When assessing the legal merits of a case, what must you identify first: the legal issues or the client's objective?
- What is a "prediction assessment" in the context of written legal reporting?
- True or false: You should reach a legal conclusion before evaluating the risks and options with your client.
- In preparing a written advice, name at least three features that should appear in your answer to receive full marks on the SQE2.
Introduction
Written reporting of legal merits is an essential skill for SQE2 candidates. You will often need to advise clients or report to supervisors by identifying legal issues, applying the law to the facts, assessing the likelihood of particular outcomes, and making recommendations based on sound analysis. This article breaks down each element of this process, with emphasis on the structured, logical approach that examiners expect.
Identifying Material Facts and Client Objectives
All legal analysis begins by establishing the client’s aim and thoroughly identifying the key facts.
A client may present a complex narrative or a set of documents. Your first step is to clarify what the client wishes to achieve and to separate relevant facts from background details. Read carefully, ask follow-up questions if needed, and avoid making assumptions about intent or relevance.
Key Term: Material Fact
A fact that could affect the application or outcome of the relevant legal rules to the client's situation.
Spotting Legal Issues
After extracting material facts and the client’s objective, you must determine which legal issues arise.
This means translating factual information into one or more questions of law. This step forms the basis of every SQE2 written assessment and must be performed methodically.
Key Term: Legal Issue
A specific point of law raised by the facts, which must be analysed to advise or resolve the case.
Applying Law to Facts
Once you have identified the legal issues, you need to select the relevant statutory provisions and case authorities, then apply them precisely to the facts.
The application should:
- Address each issue in turn
- Use legal reasoning to explain how a rule or precedent fits (or does not fit) the facts
- Consider any evidence or points which might weaken or strengthen your client’s position
Key Term: Application
The process of explaining how the applicable rule or legal principle operates on the specific facts in the scenario.
Worked Example 1.1
You act for Dana, who loaned £10,000 to Max. Max claims the loan was a gift; Dana insists it was repayable. There is no written contract. You are asked to advise on the prospects of recovery.
Answer:
The absence of a written agreement does not prevent recovery, but Dana must prove there was an intention for the sum to be repaid. The burden is on Dana to establish a loan rather than a gift on the balance of probabilities. Evidence (such as communications or witnesses) supporting her version would increase the chances of success.
Analysing Legal Merits
Assessing the legal merits means predicting the likely outcome of the case by weighing the strengths and weaknesses of each party’s position, the sufficiency and quality of supporting evidence, and any procedural considerations. This analysis should move beyond simply stating the law to evaluating “who is likely to win, why, and on what evidence.”
Key Term: Legal Merits
The likelihood that a party will succeed in a dispute, based on the substantive legal principles and the available facts or evidence.
Worked Example 1.2
The client’s dismissal was for alleged misconduct. You identify the key legal issue—whether there was a fair procedure and a reasonable belief in misconduct. The employer followed a process but there is conflicting evidence on what was said.
Answer:
The merits depend on whether the tribunal will find the employer’s process and belief reasonable on the evidence. Weaknesses include lack of written warnings and inconsistent accounts by a key witness for the employer, which you should highlight in your report.
Structuring Written Legal Analysis
SQE2 requires written analysis to be structured logically. A clear report will:
- Start with a summary of the client’s objective and the core legal issues
- Address each issue using the IRAC method (Issue, Rule, Application, Conclusion)
- Weigh up possible arguments and counterarguments
- State your reasoned view as to likely outcomes
- Offer practical advice and next steps
Key Term: IRAC Method
A common structure for legal writing: Issue, Rule, Application, and Conclusion.
Making Recommendations
You should not merely identify risks, but also guide your client or supervisor towards a practical decision. Recommendations may include the likelihood of settlement, potential counterclaims, further evidence needed, or the merits of negotiation compared with litigation.
Exam Warning
SQE2 examiners penalise candidates who merely repeat the law or copy large case extracts without linking them to the facts. Always apply the law to the question’s specific scenario.
Recording and Presenting Legal Advice
Written advice must be concise but sufficiently detailed for the recipient to understand and act upon. Avoid excessive jargon. Use plain English but include technical terms where required, always explained in context.
Revision Tip
When practicing legal writing, use bullet points or tables for clarity, but ensure narrative answers in the exam are presented in structured paragraphs with clear headings.
Key Point Checklist
This article has covered the following key knowledge points:
- A systematic process is needed for applying law to facts and assessing legal merits for SQE2.
- The client’s objective and the material facts must be explicitly stated at the outset.
- Legal issues must be precisely identified before legal principles are applied.
- Written analysis should follow a logical order, preferably the IRAC structure.
- Assess strengths and weaknesses, including factual and evidential aspects affecting legal merits.
- Reports must be written in clear, professional language, suitable for clients or supervisors.
Key Terms and Concepts
- Material Fact
- Legal Issue
- Application
- Legal Merits
- IRAC Method