Prepare a letter of advice to a client (based on the materials provided).
Relationship to other tasks and assessments
You will be able to use the feedback from this task to complete assessment task 2 and assessment task 3. In session 3 in class you would have completed a legal writing activity which will assist you in completing this task.You may use material in your readings and referred to in class as a guide to structure, content and format.
Purpose of this assignment and ULOs assessed
The purpose of this assignment is to:
1. Develop your writing skills using the principles of plain English.
2. Practice your writing skills based on observations
3. Prepare you for legal practice
The unit learning outcomes assessed are:
1. Scrutinise complex legal problems; conduct research and draft legal documents in plain English language (LO 1)
2. Interpret and apply different types of legal writing and drafting techniques and conventions (LO 2)
3. Locate, analyse, adapt and use relevant legal precedents for effective legal drafting (LO 3)
4. Employ analytical, cognitive, and written communication skills in producing context-specific legal documents, in contemporary Australian legal contexts (LO 4)
5. Utilise a variety of approaches to interpreting legal documents ("statutory interpretation") and understand how such approaches may inform the process of drafting legal documents in appropriate contexts. (LO 5)
Letter of Advice - In the Matter of Daniel Sampson
Scenario
You are a Senior Associate in the law practice of Victoria Lawyers. Mr Daniel Sampson has instructed you to represent him in a criminal matter.
The police have charged Daniel with the offence of recklessly or intentionally causing injury to Mr Oscar Taylorwithout lawful excuse.
You have interviewed Daniel twice and have notes of your interviews. You have also obtained from the police a copy of the Brief of Evidence.
Requirements
Draft a letter of advice to Daniel addressing the following:
1. the meetings between Daniel and yourself;
2. summarise and confirm the legal implications (eg penalties and options) based on
a. the seriousness of the charge and the penalties that Danielfaces if he contests the charge and is found guilty;
b. the weight of the police evidence;
c. option of requesting the police to downgrade the present charge to a lesser charge that carries lower penalties in exchange for Daniel pleading guilty to the lesser charge.
d. a request for Daniel to obtain character references to be used in a plea in mitigation in case he is found guilty of the present charge or he pleads guilty to a lesser charge;
3. address general administrative matters
a. a time frame for the next interview or meeting
b. a request for a deposit of $4,000 towards costs, payable in two monthly instalments.
4. Writing
a. Observe professional letter-writing conventions and structure
b. Clarity of written expression appropriate language style, grammar, punctuation and spelling.
c. Be persuasive. Structure an argument using the facts given,to support your case.
For this exercise you do not need to canvass legal defences such as provocation or self-defence, so you can assume they are not relevant. You may make up minor details where no information is available.
Please use the following documents when you write your letter to Daniel.
- Information on the criminal law required for this assessment
- Legislation and Summary of Offences Act 1966 (Vic)
- Victoria Lawyers Interview notes with Daniel Sampson
- Charge and summons
- Brief of evidence
- Charge
- Witness statements
a. Constable Matthews
b. Senior Constable Fields
c. Oscar Taylor
d. PhyJobbs
e. Jake Thomas
- Victoria Lawyers Interview 2 notes with Daniel Sampson
Information on the criminal law required for this assessment
To prove that an offence has been committed, the prosecution must show that all the elements of the offence are satisfied.
The indictable offence of recklessly orintentionally causing injury without lawful excuse has the following elements:
1. the defendant committed an act that caused injury to the victim;
2. the defendant -
a. was reckless as to whether his act would cause injury; or
b. had the intention to cause injury;and
3. the defendant had no lawful excuse for causing the injury.
The offence of common assault has the following elements -
1. the defendant assaulted or beat the victim; and
2. the assault or beating was unlawful.
A person's criminal conduct may satisfy more than a single offence. In such a case, the police would often charge the person with the more serious offence. Defence counsel may then try to negotiate with the police or the prosecution to reduce the charge to a lesser one in return for not contesting the original charge. If the police or prosecution agree, the charge is amended and the defendant pleads guilty to the lesser charge.
A police Brief of Evidence is a set of documents that provides the evidence that the prosecution will use against the defendant. In Victoria, a defendant or his legal representative is entitled to a copy.
A plea in mitigation of sentence ("plea") is a submission to the court for leniency in sentencing after the defendant has been found guilty of an offence or the defendant pleads guilty to committing an offence.
The relevant legislative provisions are set out on the next page. The differences between an indictable offence and a summary offence are not relevant to this assessment. A penalty unit is the value of a fine. One penalty unit in Victoria is currently $158.57.
Attachment:- legal writing and drafting.rar