Lecture notes
Family Law and Practice WS09 D2
- Module
- Family Law
- Institution
- City University (City)
Family Law and Practice WS09 D2
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LEGAL PRACTICE COURSEPost-Session – Suggested Letter for Davina Green
The scheme set out below breaks up the letter and indicates the criteria involved in the
first column and gives a suggested 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 Mrs Green,
(Adopt the style taken by the supervisor in the memo - does the supervisor
refer to the client by her first name or is a more formal approach used? Here
the supervisor refers to Mrs Green throughout the memorandum of
instruction).
(Also check - if you wrote "Dear Mrs Green, [comma]- did you end the letter
Yours sincerely, [comma]?).
Heading Your Divorce and Financial Arrangements
(Avoid Green v Green - this is too hostile and confrontational and suggests
that there are opposing sides involved in a fight).
(Do not use “RE" in the heading).
From Yours sincerely,
Supervising Partner
(The letter is from Supervising Partner not trainee – see facts).
(Check for consistent use of final comma).
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 [today’s date].
Appropriate
(You should open your letter by acknowledging the meeting earlier in the
PURPOSE week. This should involve one or two very short and clear sentences.)
Accurate
In response to the issues we discussed, I set out your position on the
ADVICE various matters as follows:
Clear and
helpful (As there are a number of issues to deal with, you should consider sub-dividing
Comprehensive the letter with the use of sub-headings and/or numbering - see criteria 2)
Non-legal
language Can your Husband Stop the Divorce?
Legally correct
Use separate (For the content, there is obviously more than one way of giving the right advice
paragraphs and but it must be the right advice, be comprehensive and in the right style).
sub-paragraphs
As the petition is based on two years’ separation with consent, your
for separate
husband is entitled to apply to the court for consideration of his financial
points as
position. If he does so, this will substantially delay the granting of the
numbered
decree absolute (i.e. the final order confirming the divorce). In order to
avoid this, the next step is to decide if you need to make any financial
arrangements for your husband. In order to do so, we will need to
consider both of your circumstances for example, age and health,
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