Diploma in Professional Legal Practice (DPLP) Practical Skills and Drafting Syllabus

Practical Skills and Drafting syllabus — full chapter and topic list

Expand any chapter to see its topics and sub-topics. This is the whole examinable outline for Practical Skills and Drafting in Diploma in Professional Legal Practice (DPLP), not a summary of it.

1. 1

   Legal Writing and Drafting

   3 topics

   • Principles of Effective Legal Writing
     • Plain language and structure
     • Audience and purpose
   • Drafting Court Documents
     • Pleadings and written submissions
     • Affidavits and statements
   • Drafting Transactional Documents
     • Letters of engagement and reports
     • Deeds and agreements
2. 2

   Interviewing and Advising

   3 topics

   • The Client Interview
     • Structuring an interview and active listening
     • Taking instructions and managing expectations
   • Giving Legal Advice
     • Identifying issues and options
     • Communicating risk and recording advice
   • Working with Vulnerable and Diverse Clients
3. 3

   Negotiation and Advocacy

   3 topics

   • Negotiation Strategy
     • Positional and principled negotiation
     • Preparation and BATNA
   • Court and Tribunal Advocacy
     • Examination-in-chief and cross-examination
     • Making and responding to motions
   • Settlement and Joint Minutes
4. 4

   Legal Research and Technology

   3 topics

   • Practical Legal Research
     • Primary and secondary sources of Scots law
     • Updating the law and noting up
   • Legal Technology and Case Management
     • Document automation and e-signatures
     • Cybersecurity and data protection in practice
   • Professional Communication and Reporting

Practical Skills and Drafting flashcards for Diploma in Professional Legal Practice (DPLP)

19 of 61 cards from the Practical Skills and Drafting deck — real questions with worked answers.

1. What are the seven recognised principles of effective legal writing (the "7 Cs")?

   Clear, Concise, Correct, Complete, Coherent (well-organised), Courteous, and Concrete (precise rather than vague). Good legal writing is also reader-focused and uses plain language.

2. In plain legal drafting, what is the difference between "shall", "must", "may" and "will"?

   "Shall"/"must" impose a mandatory obligation; "may" confers a discretion or permission; "will" expresses futurity or a party's intention rather than a strict obligation. Modern drafting favours "must" for clarity to avoid ambiguity in "shall".

3. What is the IRAC (or CRAC) structure used in legal writing and analysis?

   Issue, Rule, Application, Conclusion. CRAC reverses to lead with the Conclusion. It structures legal reasoning by identifying the legal issue, stating the applicable law, applying it to the facts, and concluding.

4. What is meant by "plain English" drafting and why is it favoured in modern practice?

   Writing using everyday vocabulary, short sentences, active voice and logical structure, avoiding archaic legalese and Latin where possible. It improves client comprehension, reduces ambiguity and disputes, and reflects regulatory expectations of clear communication.

5. What is the difference between the active and passive voice in legal drafting, and which is generally preferred?

   Active voice names the actor before the action ("The tenant must pay rent"); passive voice hides or delays the actor ("Rent must be paid"). Active voice is generally preferred for clarity and to make obligations and responsibility unambiguous.

6. In Scottish civil procedure, what is the document that initiates an ordinary action in the Sheriff Court called, and what are its key parts?

   The Initial Writ. Its key parts are the instance (parties and court), the crave (the remedy sought), the condescendence (numbered statements of fact), and the pleas-in-law (legal propositions justifying the crave).

7. What is the document that initiates an ordinary action in the Court of Session, and how is it structured?

   The Summons. It contains the instance, the conclusions (remedies sought), the condescendence (averments of fact in numbered articles), and the pleas-in-law.

8. What is a "crave" in a Sheriff Court writ and a "conclusion" in a Court of Session summons?

   Both are the formal statement of the specific remedy or order the pursuer asks the court to grant (e.g. payment of a sum, decree of divorce, interdict). The crave is used in the Sheriff Court; the conclusion in the Court of Session.

9. What is the function of "pleas-in-law" in a Scottish court pleading?

   Pleas-in-law are concise legal propositions that state the legal grounds on which a party asks the court to find in their favour; each crave/conclusion should be supported by a corresponding plea-in-law, and they frame the legal debate at debate/procedure roll.

10. What is the distinction between averments of fact and pleas-in-law in a pleading?

    Averments of fact (in the condescendence) set out what happened and must be supported by evidence; pleas-in-law state the legal consequence flowing from those facts. Facts are proved; pleas are argued.

11. What are "defences" and "answers" in the context of responding to a Scottish writ?

    Defences are the document lodged by the defender; within them, "answers" respond article-by-article to the pursuer's condescendence (admitting, denying, or not knowing and calling for proof), and the defender adds their own pleas-in-law.

12. What does it mean to draft a document "holograph" and why does it matter for execution?

    A holograph document is written (and signed) in the granter's own hand. Historically it was self-proving without witnesses; under the Requirements of Writing (Scotland) Act 1995 most formal documents now need subscription, with self-proving status achieved by one witness.

13. Under the Requirements of Writing (Scotland) Act 1995, what is required for a document to be "self-proving" (probative)?

    The granter must subscribe (sign at the end) and the signature must be witnessed by one witness who also signs, with the granter's name, the witness's name and designation included. This raises a presumption that the document was validly subscribed.

14. What is the function of recitals (the "whereas" clauses) in a transactional document?

    Recitals provide background context, identify the parties' purpose and the factual matrix leading to the agreement. They are not usually operative/binding terms but aid interpretation of the operative provisions.

15. What is a "definitions" clause and why is it placed early in a contract?

    It assigns precise meanings to defined terms (usually capitalised) used throughout the document, ensuring consistency and avoiding repetition. Placing it early lets the reader interpret operative clauses correctly.

16. What is the difference between a condition precedent and a condition subsequent in a transactional document?

    A condition precedent must be satisfied before an obligation or the contract comes into effect; a condition subsequent brings an existing obligation or the contract to an end if it occurs.

17. What is an "entire agreement" clause and what is its drafting purpose?

    It states that the written contract contains the whole agreement between the parties and supersedes prior negotiations and representations. It limits reliance on pre-contractual statements and reduces the scope for collateral or implied terms.

18. In drafting, what is the difference between a representation, a warranty and an indemnity?

    A representation is a statement of fact inducing the contract (breach gives a misrepresentation remedy); a warranty is a contractual promise (breach gives damages); an indemnity is a promise to reimburse a specified loss on a pound-for-pound basis without needing to prove ordinary damages rules.

19. What is the recommended five-stage structure of a client interview?

    (1) Greeting/opening and rapport-building; (2) Listening/obtaining the client's account; (3) Questioning to fill gaps and clarify; (4) Advising/explaining options and next steps; (5) Closing/summarising and confirming follow-up actions.

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