Assessment name:Practical Aspects in Law (PAL) Weight:25% Feedback mode: Written individual feedback. Learning Objectives Assessed: This assignment assesses Learning Objectives2, 3, 4 and 5. Details:...

Assessment name:Practical Aspects in Law (PAL)

Weight:25%

Feedback mode:

Written individual feedback.

Learning Objectives Assessed:

This assignment assesses Learning Objectives2, 3, 4 and 5.

Details:

This assessment task requires you to work individually through tasks reflective of those in practice.

Purpose:

The purpose of the PAL assessment is to expose students to an authentic assessment task which allows them to learn contemporary legal skills which they will use as lawyers.

Part A - Law Firm Simulation

In
Part A (Law Firm Simulation),
students will receive an audio recording from a new client outlining a legal problem. They will then receive a series of legal tasks to prepare for the client’s matter to assist the firm’s principal lawyer with the client’s matter. These tasks will total10 marks, and a maximum of 1,000 words.

Part B - Letter of Advice to your client

Your second assignment is a letter of advice to your client.A maximum of15 markswill be allocated for this letter of advice. The word length is1,200 words (excluding footnote content).

You are required to draft a letter of advice to your client based on the facts provided. This means that you should identify the law that applies to your scenario (e.g. negligence, defamation, nuisance), outline the elements of the cause of action and apply the law to the facts. You must support your legal points with relevant case law or legislation in footnotes, as these is what you will be assessed on along with clear writing.

Some hints for you:

• Address the letter to your client and write in clear and simple language your client will understand.


• Explain the law that relates to their problem (e.g. negligence requires 3 elements to be satisfied).


• Refer to relevant cases and legislation (e.g.Wrongs ActorDefamation Act)


• Refer to any matters raised in your meeting with the client (e.g. your client wants to mediate rather than litigate).


• Use footnote citations that comply with theAGLC.


• Use headings!

Please submit Part A and Part B documents under the same submission portal (you can either combine the file or upload separate documents).

A detailed rubric for the letter of advice can be downloaded below.

WELCOME TO BIRDWOOD & SPANGLE

The partners at Birdwood & Spangle would like to welcome you to your role as Junior Lawyer at this firm. In your new role, you will be expected to interact with clients, undertake legal research, write memos to your principal lawyer and draft letters of advice to your clients. We’re excited to have you on board and get started with some real legal work. In fact, we think we already have a case we can get you started on!

Instructions for Assessment 2

As part of assessment 2,you have received preliminary instructions from a new client. She has left you two voicemail audio recordings below which you should take a moment to listen to.

You may wish to listen to the recordings without interruptions on the first go, and then return and pause the recordings as you take notes.

BirgittaBergström

• 
  Main recording(Links to an external site.)https://rmit-arc.instructuremedia.com/embed/d4453d43-9d93-4682-9d35-78691df1b920 (6:45)


• 
  Recording 2(Links to an external site.)https://rmit-arc.instructuremedia.com/embed/3d6bf033-2989-438d-abf9-f610e8abf5b8 (1:30)


• 
  Recording 3(Links to an external site.)https://rmit-arc.instructuremedia.com/embed/cdd5861f-79a4-4e6b-a2e9-4a3a878b3452 (1:23)

The format of an audio recording is intended to simulate a real-world experience of interacting with clients, especially when a new client reaches out and needs legal assistance.

Part A - Law Firm Simulation

You will need to complete a series of tasks as part of Assessment 2B and these will relate to your client's voicemail recordings. These are as follows:

Task 1: File Note

• Draft a file note (using the templates on Canvas) summarising the key facts from your client's voicemail recording. This should not exceed 300 words.(3 marks)
  

Task 2: Internal Memo

• Draft an internal memo to Eloise Spangle (your senior partner) before she phones the client. She has a specific question she needs an answer to which is contained
  here.
  
  Download here.
  


• Use the memo of advice template to structure your answer and use case law and/or legislation to support your answer. Your response should not exceed 700 words.(7 marks)
  

The Part A tasks total10 marks, and a maximum of 1,000 words.

Part B - Letter of Advice to your client

Your second assignment is a letter of advice to your client.A maximum of15 markswill be allocated for this letter of advice. The word length is1,200 words (excluding footnote content).

You are required to draft a letter of advice to your client based on the facts provided. This means that you should identify the law that applies to your scenario (e.g. negligence, defamation, nuisance), outline the elements of the cause of action and apply the law to the facts. You must support your legal points with relevant case law or legislation in footnotes, as these is what you will be assessed on along with clear writing.

Some hints for you:

• Address the letter to your client and write in clear and simple language your client will understand.


• Explain the law that relates to their problem (e.g. negligence requires 3 elements to be satisfied).


• Refer to relevant cases and legislation (e.g.Wrongs ActorDefamation Act)


• Refer to any matters raised in your meeting with the client (e.g. your client wants to mediate rather than litigate).


• Use footnote citations that comply with theAGLC.


• Use headings!

Please submit Part A and Part B documents under the same submission portal (you can either combine the file or upload separate documents).