How I Approached Each SQE2 Assessment

A candidate recently asked me how to approach SQE2. Knowing the law is the obvious starting point, but what about the skills? In this article, I go through each SQE2 assessment and share how I approached it.

Legal drafting

You have 45 minutes for this task. Drafting can be tested in property, wills, business, criminal litigation and dispute resolution. I would start by identifying the types of documents you could be asked to draft in each area. In dispute resolution, these could include Particulars of Claim or a defence. In business, they could be board minutes or shareholder resolutions. Then get a rough idea of how each document is structured and what needs to be included.

It was almost impossible for me to remember every document across all the practice areas, so I picked what I considered the most common ones and practised those. For the others, I focused on understanding what the document was meant to achieve and the law behind it. For example, with board minutes, you need to understand the decision being made, the procedure the board needs to follow and whether shareholder approval is also required. That helps you work out what to include in the minutes.

Legal writing

You have 30 minutes to write a letter or email. Remember to use the format requested in the question. I would then check who I was writing to and what I had been asked to address. The recipient could be a client, a partner or the solicitor on the other side, and that affects both the language you use and what you need to explain.

Before writing, I would identify the issues and use them as headings. Under each heading, explain the relevant law, apply it to the facts and set out the advice or next steps. For example, if a client wants to know whether they can bring a breach of contract claim, explain how the legal test applies to their situation, what evidence is still needed and what they can do next.

For a client letter, I would use language the client could understand. If I used a legal term, I would explain what it meant for them. I would keep the introduction and closing short and spend most of the time answering what was asked.

Legal research

You have 60 minutes to research the issues you are given and prepare a note to a partner. The sources are provided, but some may not be relevant. I started by reading the question and getting a rough idea of the legal issues behind it. Then I looked through the sources, identified the ones that were not relevant and set them aside. I would not have had time to read every source in full, so narrowing them down first worked best for me.

As I read, I noted the relevant sections or cases that supported my advice. I copied and pasted the relevant extracts into the answer space, then tailored them to the client’s facts. I also referred to the sources provided, so the partner could see what supported my advice.

Case and matter analysis

You have 60 minutes to review the materials and prepare your report. This is similar to legal writing, but there is usually more material to work through and more analysis required. It is addressed to a partner, so again, you need to tailor your language.

I would first read what the partner had asked me to address, then go through the documents with those questions in mind. There may be several questions to analyse and advise on, and I would use each one as a separate heading. Under each heading, identify the relevant law, apply it to the facts and set out your advice. Even though the report is addressed to a partner, the advice still needs to focus on the client’s circumstances and what they want to achieve.

Client interview and attendance note

You have 10 minutes to prepare, 25 minutes to interview the client and another 25 minutes to write the attendance note and legal analysis.

During preparation, I would read the instructions and work out what I needed to find out from the client. Think about the legal issues that may arise and the questions you need to ask. Having a list of questions helps, but you also need to listen to the answers and ask follow-up questions. I realised it was important to have a set of key questions to cover, because what you ask, or miss asking, affects your attendance note and legal analysis. You need those answers to understand the client’s situation and apply the law afterwards.

For the attendance note, record the relevant information, identify the legal issues, apply the law and set out your advice and next steps. Include any ethical issues and how they should be addressed.

I know some candidates practise mock interviews with another person. I did not do this myself, but do what works for you.

Advocacy

You have 45 minutes to prepare and 15 minutes to make your submissions to a judge. I would first read the instructions to understand what I was being asked to argue and what order I wanted the court to make. Then identify the legal test and the facts that support each part of it.

For example, if you are applying for a freezing injunction, consider whether the applicant has a good arguable case, what assets the respondent has and whether there is evidence of a real risk of unjustified dissipation. You also need to consider whether the order is just and convenient and whether the applicant can give a cross-undertaking in damages. Then apply these principles to the facts provided.

It helped me to organise my points during the 45 minutes of preparation so I could follow them when making my submissions. I also referred to the materials provided so the judge could follow along.

I did not use the full 15 minutes for my submissions. Do not worry just because you finish early. I think you can make a good argument in less time if you have addressed the legal test and supported your points with the relevant facts.

Final thought

Across all the assessments, the approach was similar: work out what you are being asked, identify the relevant law, apply it to the facts and give clear advice or next steps.