Lecture notes
Family Law and Practice LPC WS06 d2
- Module
- Family Law
- Institution
- City University (City)
Family Law and Practice LPC WS06 d2
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LEGAL PRACTICE COURSEPost-Session – Suggested Letter
_________________________________________________________________________
The scheme set out below breaks up the letter. It indicates the criteria involved in the
first column and gives the “answer” in the second column.
For the content there is obviously more than one way of giving the right advice but it
must be the right advice, be comprehensive and in the right style.
Element Formalities
In letter form (as requested by supervising partner)
To
Dear Sally
Heading
Financial Arrangements
(avoid Faure-Brown v Faure-Brown. This is hostile and confrontational and
suggests that there are opposing sides involved in a fight.
Also you should not use “RE” this is so even if the client has used this on
his/her letter)
From Yours sincerely,
Supervising Partner
(letter is from Supervising Partner not trainee)
(check for consistent use of final comma – Dear Sally, or Mrs Faure-Brown,
Yours sincerely,)
Use of “I” is appropriate given style and tone of the client’s letter.
(check for consistent use of I or We throughout the letter)
Criteria and Style Content
INTRODUCTION Thank you for coming to see me on Wednesday.
Appropriate (you should open your letter by acknowledging the meeting earlier in the
week. This should involve one or two very short and clear sentences)
PURPOSE
Accurate In response to the issues we discussed, I set out your position on the
various matters as follows:
ADVICE
Clear and (As there are a number of issues to deal with, you should consider sub-dividing
helpful the letter with the use of sub-headings and/or numbering (see criteria 2)).
Comprehensive
Non-legal Division of Assets
language
Legally correct (For the content there is obviously more than one way of giving the right advice
Use separate but it must be the right advice, be comprehensive and in the right style and tone.
paragraphs and You must not only comply with the writing assessment criteria but also follow the
sub-paragraphs guidance given to you in the Resolution Code of Practice.
for separate
As I explained, the settling of financial matters on divorce is called financial
points as
remedies. The law in this area is very flexible to enable courts to achieve
numbered
fairness depending on the individual circumstances of each case. There
are a number of factors which the courts consider when deciding what is
fair. These are as follows:
- the welfare of any child of the family;
- the income, earning capacity, property and resources of each person;
- the financial needs, obligations and responsibilities of each person;
2019-docs_852379627.docx 1/3 © City, University of London 2019
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