Legal Research, Writing and Document Drafting
Legal Research, Writing and Document Drafting
This domain tests finding and updating authority, citing it correctly, and drafting documents that are clear, structured and enforceable.
Research method
- Start with facts and issues, then locate primary authority: Constitution, legislation, EU instruments and case law. Use secondary sources to orient, not as binding authority.
- Core sources include the Irish Statute Book, Courts Service judgments, BAILII, EUR-Lex, Westlaw/LexisNexis and official EU databases. Always update with subsequent legislation and later judgments.
- Use neutral citations where available (e.g. [2020] IESC 12, [2021] IECA 5, [2019] IEHC 40); for older cases give volume, report and page. Cite legislation as title, year and section, e.g. Companies Act 2014, s 228.
Writing and drafting
- Structure for the reader: heading, parties, recitals/background, defined terms, operative clauses, boilerplate, execution and attestation.
- Use plain English, consistent defined terms, active voice and short paragraphs. Avoid archaic pairs such as null and void unless the formula is required.
- A legal memo commonly uses Issue, Rule, Application, Conclusion. A letter should identify the sender, date, recipient, subject, advice and next steps. Attendance notes should record date, attendees, instructions, advice and actions.
Worked example
A trainee cites the Companies Act without a year or section in a memo. The supervisor cannot verify the proposition. Correct citation to Companies Act 2014, s 228 makes the source traceable and shows the duty relied on.
Traps
Secondary commentary cannot replace the statute or case. Failing to update a case that has been overruled is a serious error. A draft that omits execution or attestation may be unenforceable.