Addendum

Never forget the importance of organization. It is vital to organize, not only the writing, but also the theory of the case.

Consider your advice

Obviously your advice is to a considerable extent wrapped up in the answers you have given to the questions.

Construct a legal framework

Once the facts are fully analysed it is safe to start analysing the legal issues. This is where the professional ability of the barrister begins to come into play, deciding what legal possibilities there are, and which is strongest. The first step is to identify the possible causes of action.

Analyse the facts

Before you form views on the appropriate legal solution you will need to carry out a thorough fact management exercise. The legal argument must be based on the facts, not twisted to fit your preconceived legal theory.

Clarify your client’s objectives

The instructions will never ask you to write all you know that is vaguely legally relevant, but will set you specific tasks, which are normally set out at the start or the end of the instructions.

Read and digest your instructions

Be careful of forming strong views at the initial stage, or you may prejudice the depth and width of your analysis at the later stages. In reading instructions the point is to avoid labelling the case, for example; ‘breach of contract’ or ‘negligence’, too early. At the initial reading your goal is to absorb as much of the factual background as possible.