Learning Outcomes
After reading this article, you will understand how to provide structured, practical legal advice in written reports, identify appropriate next steps for clients or supervisors, and ensure your reporting is clear and actionable. You will develop the ability to analyse facts, summarise legal positions succinctly, and present advice in a format suitable for SQE2 assessments.
SQE2 Syllabus
For SQE2, you are required to understand how to report legal analysis and tailored advice in writing. Effective strategy and reporting are assessed through practical tasks. You must be able to:
- identify the client’s or supervisor’s objectives and key issues arising from the scenario
- present a clear, structured written report responding to a legal problem or query
- communicate advice and recommendations in plain, jargon-free English
- outline actionable next steps for the client or supervisor
- ensure your advice accounts for commercial or practical considerations as appropriate
- record relevant advice and decisions made in a concise and professional manner
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.
- What are three essential elements to include in a written legal report advising a client?
- In what circumstances should you detail risks as well as recommendations in your advice?
- When is it appropriate to include “next steps” in your report, and who typically takes these actions?
- Why is it important to deliver advice in plain language to a client or supervisor?
Introduction
Providing clear, written legal advice is a core skill for any solicitor. The ability to structure a report so that it answers the client’s or supervisor’s queries, states your recommendations plainly, and sets out concrete next steps is fundamental for success in SQE2. This article covers key principles for strategic written reporting, focusing on actionable advice and guidance for the next stage in a matter.
The Purpose of Written Legal Advice
A well-drafted report bridges the gap between legal analysis and practical action. Your objective is not just to recite the law, but to deliver advice that the reader can follow to achieve their goals.
Key Term: actionable advice
Advice that is practical, specific, and enables the client or supervisor to take further steps, rather than being abstract or purely legalistic.
Planning Your Written Report
Before you begin writing, clarify the report’s purpose:
- Who is your reader? (Client, supervisor, colleague)
- What is the main question to answer?
- What practical outcome is sought?
Collect all relevant facts, legal rules, and procedural requirements.
Key Term: next steps
A list of immediate actions or recommendations that should be undertaken by the client, solicitor, or other parties, set out at the end of a report or advice.
Structuring Your Written Report
A clear report should follow a logical structure. For SQE2-style reporting, a common structure is:
- Heading: State the subject or matter.
- Summary of Instructions or Query: Briefly outline what you have been asked.
- Summary of Key Facts: Concisely record relevant background.
- Legal Analysis: Identify and apply relevant law or procedure.
- Advice and Recommendations: State your main advice, using plain language.
- Risks and Alternative Options: Highlight any significant risks or other viable options (if required).
- Next Steps: List practical actions, including who should undertake each step.
- Conclusion: Restate the outcome or decision in summary.
Worked Example 1.1
You receive an email from your supervisor asking you to review a draft contract and advise on potential issues before signing. How should you structure your response?
Answer:
- Begin with a heading (e.g., “Advice on Draft Contract: [Name]”).
- Summarise the supervisor’s instruction and key facts in brief.
- Highlight any problematic clauses with reference to relevant law.
- Advise on necessary amendments and whether the contract is fit for signature.
- List next steps (e.g., “Amend clause 7 to clarify obligations, discuss limitation of liability with client, revert with revised draft for approval”).
Giving Clear, Client-Focused Advice
Advice for clients must be practical and stated in ordinary language. Avoid unnecessary legal jargon or long-winded explanations. Use short paragraphs and bullet points if clarity requires.
Key Term: plain language
Use of direct, everyday English, devoid of unnecessary legal terminology, so the advice is easily understood by non-lawyers.
If advising a supervisor or colleague, written reports may include more technical detail but should still communicate recommendations and required actions plainly.
Worked Example 1.2
You are advising a client who could bring a claim in negligence or breach of contract. How do you present your recommendations?
Answer:
Clearly explain the options (e.g., “You may claim for negligence or for breach of contract”). Summarise the strengths and weaknesses of each route, any risks (cost, time limits, evidence), and then recommend the best option based on the client's circumstances. End with next steps (e.g., “If you wish to proceed with [route], I will prepare the claim form for your approval within 7 days”).
Including Risks and Alternatives
Assess the client’s objectives and circumstances. Where there is genuine risk or uncertainty, explain it directly, together with possible alternatives.
Exam Warning
You will not be credited for simply reciting the law. The examiner rewards concise, applied advice with clear recommendations, appropriate to the scenario. Always link your advice to practical outcomes.
Outlining “Next Steps”
At the end of the report, provide a list of immediate actions, stating:
- What is to happen
- Who is responsible (client, solicitor, third party)
- By when (if time is a factor)
If appropriate, include a table summarising steps—this is especially helpful for transactional or multi-stage matters.
Worked Example 1.3
A client has asked if they should accept a settlement offer within a set deadline. What should your written advice include?
Answer:
Summarise the offer.
State clearly whether you recommend acceptance or not, with reasons (pros, cons, risks).
Provide step-by-step instructions:
- Confirm your decision to us by [date].
- If accepted, we will notify the other party and prepare a consent order.
- If declined, we will proceed to prepare for trial.
Use plain language and make sure the action points are clear and time-specific if relevant.
Checking and Presenting Your Written Work
Proofread for errors, ambiguity, and completeness. Avoid unexamined jargon or assumptions (for example, do not assume the client knows what a “Part 36 offer” means—explain it or use plain language).
Present your work in a professional format with headings, numbered paragraphs or logical bullet-points, and clear separation between sections. Transparency aids comprehension and reduces errors.
Revision Tip
Use a short summary at the start of your advice. This ensures your main message is clear even to time-pressured readers, such as examiners.
Key Point Checklist
This article has covered the following key knowledge points:
- Structured written advice must be client-focused, practical, and clear.
- Include headings, a brief summary, factual background, analysis, advice, risks, and next steps.
- Always recommend clear, actionable next steps, stating who does what and by when.
- Use plain language instead of legal jargon, and summarise your main advice at the start.
- Reports for supervisors may include more technical detail but must retain clear recommendations.
- Proofread all written work to avoid ambiguity, error, or missing steps.
- Clarity, brevity, and precision are essential for SQE2 written reporting tasks.
Key Terms and Concepts
- actionable advice
- next steps
- plain language