Strategy and written reporting - Providing clear, actionable...

Learning Outcomes

This article outlines strategic written reporting that converts legal analysis into clear decisions and actionable next steps, including:

• Framing advice around the reader’s objectives and constraints
• Confirming the factual and legal position succinctly and accurately
• Translating recommendations into a practical action plan with responsibilities and deadlines
• Differentiating advice for a lay client (plain, outcome-focused) versus a supervisor (technically precise with appropriate references)
• Presenting a single recommendation with reasons, while outlining credible alternatives
• Explaining material risks, costs, timelines, and dependencies candidly
• Using plain language, professional tone, and clear structure suited to SQE2 tasks
• Recording instructions, decisions, and next steps in a professional form (memos or attendance notes) suitable for assessment
• Allocating ownership for follow-up tasks and setting realistic timeframes and monitoring points
• Demonstrating proportionate research and correct application of relevant law and procedure to support the advice

SQE2 Syllabus

For SQE2, you are required to understand how to report legal analysis and tailored advice in writing. Effective strategy and reporting are assessed through practical tasks. This article covers the following aspects of the syllabus:

• identifying the client’s or supervisor’s objectives and key issues arising from the scenario
• presenting a clear, structured written report responding to a legal problem or query
• communicating advice and recommendations in plain, jargon-free English
• outlining actionable next steps for the client or supervisor
• ensuring advice accounts for commercial and practical considerations (cost, timing, evidence, reputation)
• recording relevant advice, decisions, and instructions concisely in attendance notes or memos
• allocating responsibility and deadlines for follow-up tasks, including any contingencies
• using inclusive, professional language and appropriate tone across different audiences

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

1. What are three essential elements to include in a written legal report advising a client?
2. In what circumstances should you detail risks as well as recommendations in your advice?
3. When is it appropriate to include “next steps” in your report, and who typically takes these actions?
4. Why is it important to deliver advice in plain language to a client or supervisor?

Introduction

Providing clear, written legal advice is a core skill for any solicitor. The ability to structure a report so that it answers the client’s or supervisor’s queries, states your recommendations plainly, and sets out concrete next steps is fundamental for success in SQE2. Written reporting links problem analysis to implementation: what should be done, by whom, by when, and at what cost. This article covers key principles for strategic written reporting, focusing on actionable advice and guidance for the next stage in a matter.

The Purpose of Written Legal Advice

A well-drafted report bridges the gap between legal analysis and practical action. Your objective is not just to recite the law, but to deliver advice that the reader can follow to achieve their goals. Good advice converts facts and legal principles into clear outcomes and constraints, then proposes a realistic route forward with responsibilities and deadlines.

Key Term: actionable advice
Advice that is practical, specific, and enables the client or supervisor to take further steps. It identifies the preferred option, explains why, and sets out who does what, by when, with a note of risks and any contingencies.

Planning Your Written Report

Before you begin writing, clarify the report’s purpose:

• Who is your reader? (Client, supervisor, colleague)
• What is the main question to answer?
• What practical outcome is sought?
• What decisions (go/no-go and process) are needed now?

Take focused instructions, identify gaps in the facts, and research the relevant law before committing to recommendations. Treat interviews and file reviews as fact-gathering stages; summarise the facts in a way that supports the legal framework and decision-making. When using checklists, convert them into topic prompts so you do not impose an agenda that prevents listening or adjusting to the case.

Conduct proportionate legal research using authoritative sources and current procedure. For legislation, use legislation.gov.uk, and cross-check updates with paid databases if available. For case law, verified sources such as BAILII and official court websites are acceptable. When advising on civil procedure, refer to the Civil Procedure Rules (CPR) and Practice Directions; for offers to settle, explain Part 36 in plain language.

Key Term: next steps
A list of immediate actions or recommendations that should be undertaken by the client, solicitor, or other parties, set out at the end of a report or advice, with responsibilities and deadlines.

Structuring Your Written Report

A clear report should follow a logical structure. For SQE2-style reporting, a common structure is:

1. Heading: State the subject or matter.
2. Summary of Instructions or Query: Briefly outline what you have been asked.
3. Summary of Key Facts: Concisely record relevant background.
4. Legal Analysis: Identify and apply relevant law or procedure.
5. Advice and Recommendations: State your main advice, using plain language.
6. Risks and Alternative Options: Highlight significant risks and other viable options.
7. Next Steps: List practical actions, including who should undertake each step and by when.
8. Conclusion: Restate the recommended outcome and decisions.

Adjust the structure to the scenario. Chronological ordering suits single-transaction advice; categorical structure (e.g., landlord’s and tenant’s obligations separately) suits ongoing duties. In all cases, signpost sections clearly, keep paragraphs short, and make the main message visible early (e.g., an executive summary).

Within each section:

• Summary of Key Facts: Focus on those facts that matter to the decision. Avoid unnecessary detail; include dates, parties, amounts, and procedural posture.
• Legal Analysis: Apply the law to the facts. State relevant rules or practice directions only to the extent necessary to support your recommendation.
• Advice and Recommendations: Give a single recommended option unless the client requires a choice. Explain why it best meets objectives and constraints (e.g., budget, evidence, risk appetite).
• Risks and Alternatives: Present material risks candidly. Include credible alternatives if the preferred option is not available or if the client needs them to make an informed decision.
• Next Steps: Convert recommendations into an action plan. Specify actions, responsible person, and deadlines. Consider dependencies (e.g., need a report before issue of proceedings).
• Conclusion: Reconfirm decisions taken and the immediate plan.

Worked Example 1.1

You receive an email from your supervisor asking you to review a draft contract and advise on potential issues before signing. How should you structure your response?

Answer:

1. Begin with a heading (e.g., “Advice on Draft Contract: [Name]”).
2. Summarise the supervisor’s instruction and key facts (parties, purpose, price, term).
3. Highlight any problematic clauses with reference to relevant law or market practice (e.g., ambiguous limitation of liability, unclear termination triggers, warranties/representations).
4. Advise on necessary amendments and whether the contract is fit for signature (state your recommendation plainly).
5. List next steps:
   • Send a marked-up draft using tracked changes and a clean version for ease of review.
   • Amend clause 7 to clarify obligations; revise limitation of liability to a reasonable cap aligned with the fee.
   • Check governing law and jurisdiction clauses are suitable.
   • Confirm client’s risk appetite for exclusivity and indemnities.
   • Revert with revised draft for approval and instructions on negotiation points.
6. Conclude with a short summary: “Subject to the above amendments, the draft is acceptable.”

Giving Clear, Client-Focused Advice

Advice for clients must be practical and stated in ordinary language. Avoid unnecessary legal jargon or long-winded explanations. Use short paragraphs and bullet points if clarity requires. Be specific about time and money: ranges are acceptable where precise figures are unknown. Where terms of art must be used (e.g., “Part 36”), explain what they mean in plain words before using them.

Key Term: plain language
Direct, everyday English, free of unnecessary legal terminology, so advice is easily understood by non-lawyers. Prefer active voice and specific words (“we will draft and send the letter by Friday”) rather than vague or passive constructions.

When advising a supervisor or colleague, include technical detail where needed to support the recommendation, but still communicate actionable steps plainly. Tailor style and content to the reader’s needs.

Practical writing tips:

• Prefer verbs to noun phrases (write “terminate” not “effect a termination”).
• Use specific terms (give dates, amounts, ranges).
• Limit adverbs and emotive language; be precise and measured.
• Avoid archaic terms (“herewith”, “forthwith”, “aforesaid”).
• Use inclusive language and neutral forms of address.
• Maintain a professional tone across emails, letters, and memos. Compose once, with complete information, and proofread before sending.

Worked Example 1.2

You are advising a client who could bring a claim in negligence or breach of contract. How do you present your recommendations?

Answer:
Clearly explain the options in plain English (“You can claim either negligence or breach of contract”). Summarise the strengths and weaknesses of each route:

• Negligence: requires proving duty, breach, causation, and loss; may offer different limitation periods and contributory negligence issues.
• Breach of contract: depends on the terms; proving breach and loss may be simpler if the contract obligations are clear; damages may be governed by remoteness rules under established principles. Explain key risks (evidence, costs, limitation) and non-legal factors (time, stress, reputational impact). Recommend the best option based on the client’s objectives and the available proof (e.g., “Given the written warranty and clear delivery terms, breach of contract is likely the more straightforward route”). End with next steps (“If you wish to proceed with breach of contract: we will draft the Letter Before Action within 7 days, obtain copies of all relevant invoices and emails by [date], and advise on any settlement response.”).

Including Risks and Alternatives

Assess the client’s objectives and constraints. Where there is genuine risk or uncertainty, explain it directly, together with viable alternatives. Two useful frames:

• Fix-it problems (e.g., litigation, disputes): assess how a court is likely to treat the legal issues on these facts, and weigh costs, timing, and evidential risks.
• Do-it problems (e.g., transactions): test whether the other side could take a credible position that would create future conflict, and propose steps to limit or block that risk.

Present alternatives to allow informed choices. Include non-legal considerations such as commercial disruption, reputational impact, and resource constraints. Involve the client in weighing pros and cons and confirm decisions taken.

Key Term: risk–benefit analysis
A concise assessment of the advantages and disadvantages of each option, including costs, evidence, timing, and non-legal factors, used to support a recommendation and inform client decisions.

Exam Warning

You will not be credited for simply reciting the law. The examiner rewards concise, applied advice with clear recommendations appropriate to the scenario. Always link your advice to practical outcomes, include the main risks, and show a realistic action plan with responsibilities and deadlines.

Outlining “Next Steps”

At the end of the report, provide a list of immediate actions, stating:

• What is to happen (action)
• Who is responsible (client, solicitor, third party)
• By when (date or timeframe)
• Any dependencies (e.g., expert report needed before issue)
• How progress will be monitored (e.g., weekly update, diarised review)

Build in contingency planning where appropriate: what could go wrong, how to prevent it, and how to fix it if it occurs. This is essential when deadlines are tight or several tasks depend on prior steps.

Key Term: contingency planning
A brief plan for foreseeable problems (e.g., delay in receiving documents), setting out preventative steps and remedies if the issue arises.

Worked Example 1.3

A client has asked if they should accept a settlement offer within a set deadline. What should your written advice include?

Answer:

1. Summarise the offer (amount, conditions, deadline).
2. State clearly whether you recommend acceptance or not, with reasons (strength of case, likely damages range, costs risks, time to resolution, any Part 36 consequences explained in plain language).
3. Provide step-by-step instructions:
   • Confirm your decision to us by [date].
   • If accepted, we will notify the other party and prepare a consent order; funds should be received within [timeframe].
   • If declined, we will proceed to prepare for trial, including instruction of an expert by [date] and exchange of witness statements by [date]. Use plain language and make sure the action points are clear and time-specific. Note any contingencies, e.g., if expert availability shifts dates.

Checking and Presenting Your Written Work

Proofread for errors, ambiguity, and completeness. Avoid unexamined jargon or assumptions (for example, do not assume the client knows what a “Part 36 offer” means—explain it plainly). Use active voice so that responsibilities and actions are clear (“We will file the application by Friday” rather than “The application will be filed”).

Practical checking steps:

• Leave the document briefly before re-reading; read aloud for clarity.
• Confirm names, figures, dates, addresses, and cross-references.
• Check headings, numbering, and section signposting.
• Ensure the advice aligns with the client’s objectives and confirmed instructions.
• Remove padding and vague language; replace with specific actions and dates.
• For emails and electronic documents, turn off tracked changes and ensure only the intended content is sent.
• Use inclusive, respectful language throughout.
• When writing to external parties, keep tone restrained and professional; avoid jokes and emotive phrasing.

Maintain a professional format with clear headings and short paragraphs. Numbered sections or logical bullet points improve readability, especially for multi-stage advice.

Key Term: attendance note
A concise record on the file of key facts, advice given, client decisions, and agreed next steps (who does what, by when), prepared promptly after meetings or calls to preserve an accurate audit trail.

Worked Example 1.4

You are advising a client on a Part 36 offer they have received in a personal injury claim. How do you explain and structure the advice for a lay client?

Answer:
Start with plain language:

• “A Part 36 offer is a formal settlement offer under the court rules. It has cost consequences if not accepted and later the court awards less.” Summarise key points:
• Amount offered vs. realistic damages range.
• Deadline for acceptance and any interest implications.
• Costs consequences if you reject and recover less at trial (you may pay the other side’s costs from a certain date). Recommendation:
• “Based on medical evidence and likely valuation, the offer is [fair/unfair]. We recommend [accepting/rejecting] because [reasons].” Next steps:
• “Please confirm by [date]. If accepting, we will file the notice and draft the consent order. If rejecting, we will update the case plan: instruct the orthopaedic expert by [date], arrange witness statements by [date], and prepare for the next directions hearing.”

Worked Example 1.5

Your supervisor asks for a memorandum recommending whether to issue an interim application (e.g., for summary judgment) and what to do next. How do you structure it?

Answer:

• Heading and brief instruction summary.
• Key facts and procedural posture (claim issued, defence filed, evidence exchanged).
• Legal test applied to facts (e.g., summary judgment test and why it is met or not).
• Recommendation:
  • “Apply now / do not apply yet because [evidential gaps/prospects].”
• Risks and alternatives (costs risk if unsuccessful; option to seek specific disclosure first).
• Next steps:
  • “If applying: draft application notice and evidence by [date], serve by [date], propose a draft order, diarise hearing window, and prepare a short chronology bundle; if not: request documents by [date] and consider application after disclosure.”
• Conclusion confirming the decision sought from the supervisor.

Revision Tip

Use a short summary at the start of your advice (a few sentences). This ensures your main message is clear even to time-pressured readers, such as examiners. Make the recommendation and key next steps visible early, then provide detail.

Key Point Checklist

This article has covered the following key knowledge points:

• Structured written advice must be reader-focused, practical, and clear.
• Use a consistent report structure: heading, instructions, key facts, legal analysis, advice, risks, next steps, conclusion.
• State a clear recommendation and provide risk–benefit analysis to support it.
• Always recommend clear, actionable next steps, stating who does what and by when, and include contingencies where relevant.
• Use plain language instead of legal jargon; explain technical terms briefly before using them.
• Tailor content and tone to the reader (client vs supervisor) while keeping actions and deadlines explicit.
• Record advice, decisions, and instructions promptly in attendance notes.
• Proofread all written work; check names, figures, dates, cross-references, and alignment with objectives.
• Inclusive language, professional tone, and active voice improve clarity and support compliance with conduct duties.

Key Terms and Concepts

• actionable advice
• next steps
• plain language
• risk–benefit analysis
• contingency planning
• attendance note