The PLR and Writing assessments are not supervised and you prepare Word count: maximum 1,400 words, including headings
the record card and letter of advice in your own time. The Writing RESEARCH METHOD – CHECKLIST FOR RESEARCH:
and PLR assessments are taken together.
In the assessment, you must demonstrate how you searched, where
Both are assessed on a 'Competent' / 'Not Yet Competent’ basis. you searched, what you found, and why it matters to the client.
If you are Not Yet Competent in PLR but Competent in Writing, you Step 1. Analysing the problem:
will be re-assessed on PLR only by submitting a record card but not a
letter of advice. Try to summarise the problem in your own words.
If you are Not Yet Competent in Writing only, you will be required to Look for more than one problem in your question as you may
write a letter of advice. get more than one.
Understand your client’s objectives from the outset. This will
help you avoid carrying out search into problems that your
LEGAL RESEARCH client does not require a solution to. While no marks are
deducted for this in the exam, this takes away available word
RECORD CARD STRUCTURE: count from more important parts of you research which could
have resulted in extra marks.
Summary of problem(s):
Accurately and clearly summarise the problem. Make sure to look out Decide what facts are material and what facts may be omitted
for more than one problem as there may be more than one in some (non-material facts). A fact is material if it is likely to make a
cases. difference to the answer. Only include material facts in your
summary.
Checklist:
Step 2. Identify the right search terms:
Your summary should include the actual question. More often than not, the question will not describe the actual
legal problem you are facing. As a first step, try to find possible
Do not state that you have been asked to advise the client. legal words relating to your problem. – eg. if your problem is
You are the trainee doing research to aid your supervisor, your regarding some form of injunction, intellectual property,
supervisor will be aware of this. confidential information etc., take a note of these words that
come to mind as these will help you in finding the solution you
Decide what facts are material and what facts may be omitted. are looking for.
A fact is material if it is likely to make a difference to the
answer. Only include material facts in your summary. While you are not allowed to use Google to carry out your
research, you can use Google to help you understand the
Search terms: problem before starting your legal research.
Identify relevant search terms for the problem and consider When looking at your problem, narrow down the problem as follows:
any synonyms.
Is this a Civil, Criminal or Public law matter?
List the search terms in approximate order of priority starting
with broad terms that describe your problem. Find out which area of law you will be researching. Does the
question relate to a matter of substantive law, a procedural
Look at the issues you identified and make sure you have at matter, or both?
least one search term to cover each of these issues.
If the matter is a question of substantive law:
Issues/client objectives: Try to find the relevant substantive area – for landlord-
Analyse the fact pattern and isolate the legal issues. tenant disputes, this will likely be Property/Land law,
for employer-employee disputes, this will likely be
Consider the following (where relevant): Employment law.
* What does the client want to achieve?
* If their ideal solution is not possible, try to find alternatives If the question is procedural:
* Consider potential obstacles/difficulties and costs You will likely find your answer by looking at Civil or
* Consider factors that might make a difference to the outcome Criminal litigation. – eg. what are the cost
* Let client know of any potential risks. consequences of not accepting a Part 36 offer will be
dealt with by Civil litigation.
Checklist:
If the matter involved some kind of obligation:
Identify your client’s objective(s). Identify whether it is owed by your client to another
party/state authority or whether if is owed by another
Set out your answers in a list form. party to the client.
Record of research: In this case, find out:
Accurately record the research process and summarise all the The nature and extent of these obligations.
material you have included.
Whether these obligations have been breached
Show the source of your research, including both primary and or how they, potentially, might be breached in
secondary sources. the future.
Detail your preliminary and final conclusions. The consequences of the breach – this includes
an estimate of liability (whether compensation
Result to supervisor/advice to client: would be payable and how much), and other
practical consequences.
Accurately record the outcome of the research. Analyse and
apply the law to the client’s facts to arrive at a simple and clear Once you found your area, read up on it so you remind
conclusion. – similar to the conclusions you arrive at in your yourself of the context and find key words that are similar.
long form problem questions and when advising a client in the
interviewing and advising exam. Make sure that you use all the key words you have
identified in your research.
Identify any additional practical matters if applicable. – eg.
practical steps for the client to take, or if it may be difficult to If you have found the answer to your question at this
obtain certain documents. stage and know the technical word of what you are
looking for, you can start by looking at narrow terms,
List sources: work backwards by broadening your search terms.
Practitioner’s text (name the text)
Case law as cited If you are having difficulty finding what you are looking
Legislation as cited for, start by using broad search terms.
PLR and Writing – Revision notes | Page 1 of 14
, law by looking them up on Westlaw/LexisLibrary.
Examples:
Also, ensure that the resources you rely on are up to date. For online
Matter: Matter: Matter: resources, this is usually clear.
Norwich Pharmacal Bail for kidnapping Mirror Orders
Order Westlaw:
1. Statute – You will find green, yellow and red icons next to each
section to show whether parts of the statute are in force,
Area: Area: Area: repealed or not yet in force. Westlaw will display legislation
Intellectual Property Criminal law Family law, Child law, that is updated.
law, Commercial law Public law 2. Caselaw – Green, yellow and red icons to signal how the case
Search terms: law will be treated by courts in the future.
Bail Search terms:
Search terms: ↓ Child abduction
Confidentiality Release on bail ↓ LexisLibrary:
↓ ↓ Hague Convention 1. Statute – Will always be – Negative Treatment
Disclosing Conditions for bail ↓ updated on this source – Cautionary Treatment
confidential ↓ Child law orders 2. Caselaw – LexisNexis – Positive Treatment
information Seriousness of past ↓ indicates how the case will – Neutral Treatment
↓ offences Child Arrangements be treated in subsequent – Information
Injunction ↓ order cases.
↓ Kidnapping severity ↓
Norwich Pharmacal Mirror Orders
Order
Practitioners’ text:
Step 3. Tracking down the information: Ensure that you are looking at the up-to-date version. Publishers often
produce annual ‘handbooks’ – check when these books were published
and check if they have any supplemental information.
Start your research with an open mind. Do not try to confirm a
predetermined conclusion you may have as your research will
not be accurate. Common problems:
* Insufficient analysis: Do not rush the initial stages as this could
lead you to the wrong direction.
Carry out the research by reviewing different legal sources.
Assess which sources are the most appropriate to your scenario
and the most authoritative. * Not enough time: Remain focused on the summary of the
problem, legal issues and client’s objectives throughout the
Never use Google to actually carry out legal research. research to make your research quicker. After two secondary
Referencing Google on your record card will result in a grade of sources, carry out a preliminary analysis before moving on to
Not Yet Competent. the primary sources.
Types of sources: * Dealing with ambiguity: If you find ambiguity such as
conflicting case law, fully research the conflicting law and set
You are expected to use the sources available in a legal library, either in out the judges’ views, showing how these conflict and then
hard copy or electronic form. Use the BPP Online library. present your own analysis.
While, primary sources are more authoritative, you should start by * Cannot find relevant case law/statute/statutory instrument?
looking at secondary sources to help you understand the primary You must mention this in your exam answer. Mention if
sources. something is your own analysis, due to missing information, as
it is not the law.
Secondary sources/Commentary:
* What if there is no answer? You must keep researching, until
Secondary sources do not you do find an answer. There will always be an answer in your
constitute the law, but List of secondary assessment.
sources/commentary:
rather, they collate and * Practical Law – very useful,
discuss the law. Step 4. Communicating the solution:
always search there first.
* Lexis Nexis Present your research well and in a way that makes sense to
While looking at secondary * Halsbury’s Laws of England
sources, take a note of any others reading it.
relevant primary source you – find it via LexisLibrary
find. * Westlaw Use the record card format showing your research trail and
* The White Book your conclusions. This should look like a clear route map to the
Start your research using at * Practitioner texts – provide information you have discovered.
least two secondary sources a detailed treatment of the
and aim to find two relevant law. Use for general Step 5. Summarise the answer:
practitioner texts to use in guidance.
your record card by the time Add a conclusion to your answer.
you finish your research of
secondary sources. Books Guidance notes This conclusion must be in the form of a result to your
supervisor that will advise your client.
Journal articles should not be used as references in your assessment. Make sure this looks slightly similar to your solution to
This is because journal articles include the writer’s opinion and a problem question – eg. list the requirements that
therefore there is greater risk that the research results will not be need to be satisfied and apply the law to the facts or if
accurate. there are more than one possible outcomes, list them
and conclude which one is more likely based on the
Primary sources: facts.
List of primary sources: Give practical advice to the client as much as possible.
* Statute – eg. Senior Court act 1981
* Case law – eg. Turner v Grovit If you find from your research that the claim is very
difficult to prove, mention that and give client an
These sources constitute the law. Once you have identified the relevant alternative to reach their objective.
primary sources using the secondary sources, check if they are up to
date and read them. If you find good summaries for the cases, that If the claim is going to be time-consuming or expensive
should be sufficient, but make sure that the summary is reliable. that this is not something the client will likely want,
mention that and again, offer an alternative.
Updates:
Remember that the law is always changing. You must research
carefully before arriving at a conclusion even if you know the area of
law. Ensure that each case you are using in your research is still good
PLR and Writing – Revision notes | Page 2 of 14
