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

24 sample cards from the Practical Skills and Drafting deck

Sampled from the end of the deck, so these are different cards from the ones shown on the syllabus page.

1. What is an "anchor" in negotiation and what is the strategic effect of making the first offer?

   An anchor is the first number put on the table, which exerts a strong pull on the final outcome. Making an ambitious but credible first offer can anchor the negotiation in your favour, though it carries the risk of seeming unreasonable if poorly justified.

2. What are the principal stages of a civil trial or proof at which an advocate appears?

   Typically: opening/preliminary matters, examination-in-chief of own witnesses, cross-examination of the opponent's witnesses, re-examination, submissions/closing speeches on evidence and law, and the court's decision. In Scottish civil cases the leading of evidence is a "proof".

3. What is the difference between examination-in-chief, cross-examination and re-examination?

   Examination-in-chief is questioning your own witness (leading questions generally not allowed on contested matters); cross-examination is questioning the opponent's witness (leading questions allowed, to test and challenge evidence); re-examination clarifies matters arising from cross-examination and cannot introduce new topics.

4. Why are leading questions generally prohibited in examination-in-chief but permitted in cross-examination?

   In chief, leading questions (suggesting the answer) would let the advocate put words in their own witness's mouth, undermining the value of the evidence. In cross-examination they are permitted because the goal is to test, challenge and control a witness who is not your own.

5. What is the rule in Browne v Dunn (the duty to "put your case")?

   An advocate must put to a witness in cross-examination any matter on which they intend to contradict or challenge that witness's evidence, giving the witness a chance to respond. Failure to do so may prevent later reliance on the contradictory point or invite adverse comment.

6. What are the key elements of an effective advocacy submission to a court or tribunal?

   A clear statement of what you want the court to do, a logical structure, accurate citation of the relevant law, application of law to the established facts, anticipation of the opponent's and the bench's points, and a concise, persuasive conclusion. Brevity and candour to the court are essential.

7. What is the advocate's duty of candour to the court, and how does it interact with the duty to the client?

   The advocate must not knowingly mislead the court, must disclose binding adverse authority, and must not assert as fact something they know to be false. This overriding duty to the court takes precedence over the duty to advance the client's case zealously.

8. In Scottish litigation, what is a "Joint Minute" and what is its function?

   A Joint Minute is a formal written agreement between the parties' representatives, lodged in process, recording agreed facts, agreed evidence (e.g. authenticity of documents), or the terms on which the action is settled or disposed of. It binds the parties and removes agreed matters from dispute.

9. What is a Joint Minute of Admissions and how does it assist at proof?

   It records facts or matters the parties agree are not in dispute (e.g. dates, sums, document authenticity), so they need not be proved by evidence. This narrows the issues, shortens the proof and saves time and cost.

10. What is the difference between settlement by extra-judicial agreement and settlement recorded in a Joint Minute (with decree)?

    An extra-judicial settlement is a private contract between the parties resolving the dispute; a Joint Minute lodged in a live action can crave the court to grant decree (often "decree of absolvitor" or in terms of the settlement), giving the agreement the force of a court order and enabling enforcement.

11. What practical matters should be addressed when drafting the terms of a settlement agreement?

    The sum/consideration and payment timing, who pays whom, treatment of expenses/costs, interest, confidentiality, full and final discharge of claims, any without-prejudice/Tomlin-style mechanics, tax treatment, and how the action is to be disposed of (e.g. dismissal or decree).

12. What is the difference between a "without prejudice" communication and an "open" communication in settlement?

    "Without prejudice" communications are genuine attempts to settle a dispute and are generally inadmissible as evidence of admissions; "open" communications can be referred to in court. The privilege encourages frank settlement negotiations without fear they will be used at trial.

13. What is the typical hierarchy of authority a legal researcher should rely on, from most to least authoritative?

    Primary legislation (statutes) and binding case law from higher courts rank highest, then secondary legislation, then persuasive authority (lower/other-jurisdiction cases), then secondary sources (textbooks, journal articles, encyclopaedias such as the Stair Memorial Encyclopaedia). Always verify primary sources directly.

14. What is the importance of "updating" or "noting up" a case or statute during legal research?

    Checking whether a case has been overruled, distinguished, doubted or followed, and whether legislation is in force, amended or repealed. Using a citator/currency tool ensures the law relied upon is still good law and current as at the relevant date.

15. What is the difference between a primary source and a secondary source in legal research, with examples?

    Primary sources are the law itself — statutes, statutory instruments and case reports. Secondary sources explain or comment on the law — textbooks, journal articles, practitioner texts, legal encyclopaedias and commentaries. Secondary sources guide research but primary sources are cited as authority.

16. What are the core functions of a legal case/matter management system, and why are they used?

    Centralised storage of matter files and documents, contact and conflict-checking, diary/time-limit (key date) management, time recording and billing, task allocation and workflow, document automation, and an audit trail. They improve efficiency, reduce risk of missed deadlines, and support compliance.

17. What is document automation in legal technology, and what are its benefits and risks?

    Software that generates documents from templates using merged data/answers to questions. Benefits: speed, consistency and fewer typing errors. Risks: over-reliance, propagation of template errors, and loss of tailoring — outputs still require professional review for the specific matter.

18. What key professional and ethical issues arise when using legal technology and AI tools (e.g. generative AI) in practice?

    Client confidentiality and data protection (not inputting confidential data into insecure tools), accuracy and the risk of fabricated "hallucinated" citations, the duty to supervise and verify outputs, competence to use the tool, and retaining professional responsibility for the work product.

19. What information security obligations apply to managing client data under data protection law?

    Personal data must be processed lawfully, fairly and securely, kept accurate and only as long as necessary, with appropriate technical and organisational measures (encryption, access controls, backups). Solicitors must safeguard confidentiality and report personal data breaches where required.

20. What is the structure and purpose of a professional "file note" (attendance note)?

    A contemporaneous record of a meeting, call or instruction, recording the date/time, who was present, what was discussed, advice given, decisions and next steps. Its purpose is to evidence what occurred, support continuity of the file, justify time recorded, and protect against later disputes or claims.

21. What are the essential components of a well-structured professional letter or report to a client?

    A clear heading/reference and date, an opening stating the purpose, a logical body (background, advice/analysis, options), a clear statement of recommendations and next steps/action points, the costs position where relevant, and a courteous close inviting questions. Tone should be clear and client-appropriate.

22. What is a "client care" (engagement) letter and what core matters must it cover?

    A letter sent at the outset confirming the retainer. It typically covers the scope of work and instructions, the responsible solicitor and supervision, the basis and likely level of fees and outlays, billing arrangements, complaints procedure, and terms of business. It manages expectations and is a regulatory requirement.

23. How should a lawyer adapt written communication when reporting to a lay client versus another professional?

    For a lay client: use plain English, explain technical terms, focus on practical impact and clear next steps. For another professional: more concise, may use precise technical/legal terminology and citations, focus on the legal/technical analysis. In both, accuracy, structure and clarity remain paramount.

24. What is the difference between an "opinion" (counsel's opinion / memo of advice) and a letter of advice to a client?

    An opinion/memo is a structured legal analysis (often for the file or instructing solicitor) setting out the law, reasoning and conclusions on the merits, frequently with reservations and prospects. A letter of advice is addressed to the client, translating that analysis into accessible, action-oriented guidance.

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