SQE2 legal writing: a marked example and a structure to copy

What the task is

You receive an email from a partner and, sometimes, documents such as a lease, a will or a letter from the other side. The email tells you who to write to and what to cover. You then write a letter or an email as the solicitor acting in the matter, in 30 minutes, on screen. There is one legal writing task in each of the three written half-days, so the skill appears three times in the exam. The practice area depends on the half-day: Dispute Resolution or Criminal Litigation on day 1, Property or Wills and Probate on day 2, and Business Law and Practice on day 3.

The recipient changes the task. The SRA lists a client, a third party, the other side to litigation or a transaction, or a partner in your own firm. A letter to a worried client and a letter to the other side's solicitor may cover the same law. Their content, tone and level of detail are different, and the marks follow that.

What examiners mark

Each criterion is graded from A (superior performance) to F (poor performance). The skills half and the law half count equally in the station score. The marking criteria page explains how the grades become a percentage.

Two things decide most legal writing grades. The first is whether every question the partner asked gets a clear answer that applies the law to these facts. The second is whether the letter is written for its reader. A correct answer written as an essay for an examiner loses marks on the language criterion. The SRA's indicators name an "essay-style approach" as a sign that a candidate is not yet competent.

A structure to copy

This is a sound default for a letter to a client. Adapt it to the recipient: a letter to the other side leads with your client's position, and an email to a partner can be shorter and more technical.

1. Heading: the matter, your reference, the date.
2. Purpose in one sentence: why you are writing and what the letter covers.
3. Short answers first: one or two sentences answering each question asked, in the order asked.
4. One section per question, with a plain heading: the relevant facts, the rule in plain words, what it means for the client, and the options with your recommendation.
5. Risks and anything you still need to know, stated plainly.
6. Any conduct point handled openly: what you can and cannot do, and why, without lecturing.
7. Next steps: who does what, and by when.
8. A close that fits the greeting ("Yours sincerely" after a name, "Yours faithfully" after "Dear Sir or Madam").

Time it as about 5 minutes to read and plan, 22 to write and 3 to check names, dates and figures. The check matters more than it looks: a wrong date or amount can cost marks on the law criteria, because the advice is then wrong.

A short annotated example

This is our own excerpt, not an SRA sample. The client, Ade, is executor of his mother's will. The will leaves £15,000 to his sister Grace and the rest of the estate to Ade. Grace's husband, Tom, witnessed the will.

• [1] Earns credit (client focus). The answer to the client's question comes first, and the unwelcome news is given clearly and with care. The performance indicators ask for difficult news to be delivered "clearly and sensitively".
• [2] Earns credit (law, correctly applied). The rule from section 15 of the Wills Act 1837 is stated in plain words and applied to Tom. The letter does not cite the section, which suits a lay reader.
• [3] Loses credit (law, comprehensively applied). The answer does not check whether a third, independent witness signed. Under section 1 of the Wills Act 1968 the gift is saved if the will was properly witnessed without Tom. One question to Ade would close this gap.
• [4] Earns credit (next steps and ethics). The letter offers an option without making a decision for Ade. Ade is the client, and the letter does not advise Grace.

Check your own answer

These questions turn the SRA's performance indicators into a self-check. They are our paraphrase; read the SRA's legal writing performance indicators for the full wording.

• Have I used the facts that change the advice, and left out the facts that do not?
• Could the reader find the answer to each question in under a minute?
• Have I written for this reader's needs and priorities, including what they want to achieve?
• Have I set out the options, recommended one and named the risks?
• If the news is bad, have I said so plainly and kindly?
• Would this reader understand every word, with no unexplained jargon?
• Is every rule I state correct, and applied to these facts rather than recited?
• Is there a conduct issue, and have I dealt with it honestly in the letter?

Common mistakes

• Answering the questions you expected instead of the ones the partner asked.
• Copying the facts back to the reader. The facts criterion rewards facts that matter to the advice, and the indicators mark down answers full of facts with no bearing on it.
• Writing an essay: headings like "The law" and "Analysis", case names for a lay client, no recommendation.
• Leaving the conduct point to the end, or leaving it out. If the client asks you to do something improper, the letter must say what you will do instead.
• Running out of time before next steps. A plan made in the first five minutes prevents this.

The marked answer at the top of this page shows these points on a full letter. Use the SQE2 sample questions index to find the SRA's own legal writing samples, and the case and matter analysis guide for the longer report to a partner. The SQE2 hub and plans and prices show what the full course includes.