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Free and Accurate Law School Case Briefs

Want to ace your law school exams? Our case briefs can help! Based on the most popular casebooks, they provide a concise breakdown of key case elements to help you navigate your readings and take better notes. By streamlining your casebook study process, our summaries can improve your outlines and increase your chances of earning top grades. Plus, you can trust that you're studying the right material for class. Start boosting your law school success with our case briefs today!

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association, chicago coliseum club v. dempsey, chiquita international ltd. v. m/v bolero reefer, christensen v. royal school district no. 160, christian v. mattel, inc., city of renton v. playtime theatres, inc., clark v. arizona, clearfield trust co. v. united states, clinton v. jones, clodgo v. rentavision, inc., coblyn v. kennedy’s, inc., cohen v. california, cohen v. cowles media co., coker v. georgia, cole v. turner, colfax envelope corp. v. local no. 458-3m, colmenares vivas v. sun alliance insurance co., columbia nitrogen corp. v. royster co., comcast corp. v. behrend, commerce partnership 8098 limited partnership v. equity contracting co., commonwealth v. azim, commonwealth v. berkowitz, commonwealth v. fremont investment & loan, commonwealth v. koczwara, commonwealth v. lopez, commonwealth v. mochan, commonwealth v. peaslee, commonwealth v. pestinikas, conley v. gibson, connecticut v. doehr, conte v. emmons, cook v. coldwell banker, coomer v. kansas city royals baseball corp., coppage v. kansas, cordero v. voltaire, llc, corinthian pharmaceutical systems, inc. v. lederle laboratories, cosden oil & chemical co. v. karl o. helm aktiengesellschaft, cotnam v. wisdom, county of sacramento v. lewis, courvoisier v. raymond, cox broadcasting corp. v. cohn, crabtree v. elizabeth arden sales corp., cramer v. starr, crawford v. marion county election board, creasy v. rusk, credit bureau enterprises, inc. v. russell n. pelo, crisci v. security insurance co., crumpton v. humana, inc., cruzan v. director, missouri department of health, cullison v. medley, cundick v. broadbent, curtis publishing co. v. butts, curtis v. loether, curto v. a country place condominium association, cutter v. wilkinson, cyberchron corp. v. calldata systems development, inc., d & g stout, inc. v. bacardi imports inc., d’amario v. ford motor co., daimler ag v. bauman, dalton v. educational testing service, dalury v. s-k-i ltd., daly v. general motors corp., daniels v. evans, dave gustafson & co. v. state, david v. crompton & knowles corp., davis v. dallas area rapid transit, davis v. davis, davis v. jacoby, de la concha of hartford, inc. v. aetna life insurance co., debs v. united states, delacy investments, inc. v. re/max real estate guide, inc., delfino v. vealencis, dennis v. united states, derdiarian v. felix contracting corp., desertrain v. city of los angeles, desnick v. american broadcasting co., detroit institute of arts founders society v. rose, detroit will breathe v. city of detroit, deweerth v. baldinger, diamond v. chakrabarty, complete guide to case briefs.

Law students use case briefings to prepare for lectures, readings, exams, and the natural world of practice. Students adopting the Socratic or "case method" of instruction will find this particularly useful.

The case method is frequently used in first-year law classes instead of lecturing students on the law. They instead use in-depth questions on the reading to spark discussion amongst the class. The questions are meant to help students develop their capacity for critical reading and analysis and their grasp of the subject matter.

Although it may be nerve-wracking to have a professor call on you to "recite" material about a case, the case teaching method promotes more in-depth preparation for class. In addition, it helps students hone their oral presentation skills. Self-education in new areas of law is essential, as is the ability to answer challenging inquiries from judges and superiors confidently. Your classes and other law school activities will be the initial training grounds for developing these abilities.

What is Case Briefing?

The term "briefing" refers to extracting the most relevant parts of a judicial ruling and writing them up in a concise summary for use in courses that employ the case method of instruction.

There is more than one benefit to putting together these summaries in writing.

• First, you'll need to be an avid and critical reader for your briefing. Briefing the case requires carefully reading the court's ruling and identifying key points and supporting details. To be helpful, case briefs need to include just the right amount of detail without overwhelming the reader. Choosing what to include and in what depth can be challenging and time-consuming at first, but it helps you develop skills and judgment that will serve you well later.
• Second, you can anticipate your teacher's inquiries with the information provided in the briefing. After briefing a case, you will have a deeper comprehension and retention of the subject, and you will have your case summary available for future reference. The questions posed by your professor will test your knowledge of the case at hand and your speculations about the precedent it may set. The doctrine of stare decisis states that courts must make conclusions in light of earlier rulings. Predicting when a case will supply the rule for future disputes is a crucial part of case analysis and briefing and an important part of a lawyer's job. This will depend on whether or not the new case shares any crucial similarities with the old one.
• Third, course outlines, which are crucial in preparation for a law school exam, are built from the raw information provided by case briefs. Effective case analysis requires knowing how a case works on the inside, comparing that case to a new situation with similar facts to see if it will provide the rule for the new situation, synthesizing multiple cases to get a unified, coherent, and possibly complex set of rules in an area of law, and applying the unified rules to new facts to predict an outcome.

Therefore, case briefs are a valuable teaching resource. However, professors typically do not require students to submit the case briefs they have students write as part of their preparation for class.

How to Write a Case Brief?

Even though there is some variance in how students (and lawyers) draft case briefs, the following sections are usual, after identifying information for the individual sections, you should assess the links between them.

References to cases are "citations" and are short summaries of information found in secondary legal sources. Later in the year, you'll learn the correct citation format, but for now, be sure to include the following in your case briefs: Basic publication information, such as the case reporter volume, reporter abbreviation, and first-page number of the opinion (e.g., 889 N.E.2d141), the court that decided the case (e.g., Ohio App.), and the year it was decided.

Name of the Parties

The name of the case (typically the last names of the opposing parties, e.g., Cole v. Turer).

Facts of the Case

Include who filed suit against whom and under what legal basis in the preceding section. In addition, include the outcome of the case, any appeals, and any notable procedural developments that occurred in the lower court(s).

Focus on the essential facts that determined the verdict. Next, you must determine which pieces of evidence the court relied upon most heavily. Factors in the case, party attributes, and the dispute's procedure are all examples of what could fall under this category. After reading the whole opinion, rather than as you go along, it is frequently easier to determine which facts are crucial.

A fact contributing to the outcome will remain relevant in similar situations. You can better evaluate the decision's implications for similar situations in the future if you isolate the relevant facts. For example, suppose the presence of a given set of circumstances in a future case makes applying a particular set of legal rules or consequences likely. In that case, you should be able to anticipate the rulings of the new court. Furthermore, you must know which facts entail the various principles studied throughout the semester to succeed on law school tests that consist of hypothetical fact situations.

Be specific enough in your summary of the major information to serve as a reminder to yourself later, but don't get bogged down in the weeds to the point that you lose sight of the forest for the trees. In making their decisions, courts frequently provide context-setting or otherwise fascinating or odd elements that aren't always important to the case.

Pinpoint the precise area of law at issue. For example, most published opinions are those of the courts of appeal; hence, the matter will likely involve correcting a mistake made by the lower court.

The court will often indicate the issue it is weighing. Nonetheless, it is important to compare the court's interpretation of the issue with the rest of the ruling. For example, you may find that the court's formulation of the issue is too broad, too narrow, or too particular for your needs. Therefore, each issue that the court considered should be briefed independently.

Your issue needs to avoid being either too broad or too narrow. Many argue that the holding constitutes the issue at hand and that if you pin down the holding first, you'll have a much easier time formulating your issue statement.

This case's holding should not only declare the outcome of the disagreement but also explain how that outcome contributes to the existing body of law in the field. To avoid cluttering the canon with unimportant rulings, courts should only publish those that significantly alter the status quo or apply settled law to novel situations. Take into account the new "case rule."

The challenge of deciding how broadly or narrowly to articulate the holding arises. Because the new rule will appear to apply to many instances, the relevance of the case may be overstated if it is framed in very general language. On the other hand, if the decision is framed in a way that makes it seem to apply to situations with identical or somewhat similar facts, its future relevance may be understated.

Summarize how and why the court reached its verdict. Explain the court's reasoning for its ruling and how it applied the law to the case's specifics. In addition, outline any policy concerns (such as those underlying the existing rules, the broader domain of law, or even greater social principles) on which the court relied, whether directly or implicitly.

As you compose this part, remember that case briefing has a specific purpose. Take care to detail the parts of the court's analysis that will help you determine if the same rationale and underlying policy concerns would apply to a new set of facts, even if it's been three months since you first read the case. Consider how different the circumstances would need to be for the same conclusion to be true in a fresh scenario.

Concurrences and Dissents

All opinions in the casebook, both in agreement and disagreement, should be addressed in your brief. It is important to keep your summary concise, as concurrences and dissents in casebook opinions are typically much shorter than the majority opinion. Explain in great detail why the court mandated a second writing task.

• Discussion Forum

Why and How: Using the Case Study Method in the Law Classroom

Post by: Jackie Kim and Lisa Brem

Why should legal educators use case studies and other experiential teaching methods, such as role plays and simulations, in their classes?  Hasn’t the Langdell method served legal education well these last 140 years?  Certainly creating and using experiential materials requires a different set of skills from faculty, elicits a different response and level of engagement from students, and poses barriers to implementation. The ABA’s LEAPS Project [i] has a comprehensive list of objections to practical problem solving in the classroom: materials are time consuming and expensive to create and deploy; addition of a case study or simulation to a syllabus inherently displaces other material; and there are few incentives from law school leaders to introduce this type of teaching.

Yet, the argument promoting experiential materials and techniques is strong. The 2007 Carnegie Report [ii] recommended integrating lawyering skills practice into the curriculum alongside doctrinal courses, and the ABA added simulation courses to the list of practical experiences that can and should be offered by law schools in its 2015 Guidance Memo [iii] .

In a 2007 Vanderbilt Law Review article [iv] , HLS Dean Martha Minow and Professor Todd D. Rakoff argued that Langdell’s approach to teaching students using appellate cases does not do enough to prepare law students for real-world problems: “The fact is, Langdell’s case method is good for some things, but not good for others. We are not talking about fancy goals here; we are talking about teaching students ‘how to think like a lawyer.’”

But does the case study method result in a higher degree of student learning? While we have not yet seen a study on the efficacy of the case study method vs. the Langdell method in law schools, research [v] from political science professor Matthew Krain suggests that case studies and problem-based activities do enhance certain types of learning over other types of pedagogy.  In his investigation, Krain compared the results of pre-and post-course surveys of students who participated in active learning with those who received a traditional lecture course. The case studies and problems that Krain used in his non-traditional classes included: case studies in the form of popular press articles, formal case studies, films, or problem-based case exercises that required students to produce a work product.

Krain found that:

Student-centered reflection, in which students have the opportunity to discuss their understanding of the case, allows both students and instructors to connect active learning experiences back to a larger theoretical context. Case learning is particularly useful for dramatizing abstract theoretical concepts, making seemingly distant events or issues seem more “authentic” or “real,” demonstrating the connection between theory and practice, and building critical-thinking and problem-solving skills (Inoue & Krain, 2014; Krain, 2010; Kuzma & Haney, 2001; Lamy, 2007; Swimelar, 2013).

This study suggests that case-based approaches have great utility in the classroom, and they should be used more often in instances where students’ understanding of conceptual complexity or knowledge of case details is critical. Moreover, case-based exercises can be derived from a variety of different types of materials and still have great utility. If deployed selectively in the context of a more traditional classroom setting as ways to achieve particular educational objectives, case-based approaches can be useful tools in our pedagogical toolbox.

For those who might be ready to try a case study, role play, or simulation, there are resources that can help.  Harvard Law School produces case studies for use throughout the legal curriculum. The HLS Case Studies program publishes these teaching materials, and makes them available to educators, academic staff, students, and trainers. Outside of Harvard Law School, links to resources for educators implementing the case study method can be found on the Case Studies Program Resources page. Listed are case study affiliates at Harvard, legal teaching and learning tools, tips for case teaching, and free case materials. Examples include the Legal Education, ADR, and Practical Problem Solving (LEAPS) Project [vi] from the American Bar Association , which provides resources for various topics on legal education, and the Teaching Post , an educators’ forum offered by the Harvard Business School where professors can seek or provide advice on case study teaching.

“… [O]ur society is full of new problems demanding new solutions, and less so than in the past are lawyers inventing those solutions. We think we can, and ought to, do better.” – Dean Martha Minow & Professor Todd Rakoff. [vii]

[i] “Overcoming Barriers to Teaching ‘Practical Problem-Solving’.” Legal Education, ADR & Practical Problem-Solving (LEAPS) Project, American Bar Association, Section of Dispute Resolution. Accessed March 16, 2017, http://leaps.uoregon.edu/content/overcoming-barriers-teaching-%E2%80%9Cpractical-problem-solving%E2%80%9D. [ii] William M. Sullivan, Anne Colby, Judith Welch Wegner, Lloyd Bond, and Lee S. Shulman, “Educating Lawyers,”  The Carnegie Foundation for the Advancement of Teaching (2007). [iii] American Bar Association, “Managing Director’s Guidance Memo,”  Section of Legal Education and Admissions to the Bar  (2015). [iv] Martha Minow and Todd D. Rakoff, “A Case for Another Case Method,” Vanderbilt Law Review 60(2) (2007): 597-607. [v] Matthew Krain, “Putting the learning in case learning? The effects of case-based approaches on student knowledge, attitudes, and engagement,” Journal on Excellence in College Teaching 27(2) (2016): 131-153. [vi] “Overcoming Barriers to Teaching ‘Practical Problem-Solving’.” [vii] Minow and Rakoff.

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These online courses are for lawyers looking to do a deep dive into a particular area, and for anyone looking to learn about how law works in practice. Offered by Harvard Law School in collaboration with Harvard’s Vice Provost for Advances in Learning and edX, these  courses are part of our ongoing commitment to lifelong learning.

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Learn about contracts in this online course from Harvard Law Professor Charles Fried, one of the world's leading authorities on contract law.

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Taught by Harvard Law School faculty, this Harvard Online course is designed to help you navigate your organization's or client’s financial goals while increasing profitability and minimizing risks.

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An overview of the legal, medical, and ethical questions around reproduction and human genetics and how to apply legal reasoning to these questions.

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Led by award-winning Harvard Professor Michael J. Sandel, this course will take a deep dive into various “needs” and whether they abuse market mechanisms.

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The course explores the current law of copyright; the impact of that law on art, entertainment, and industry; and the ongoing debates concerning how the law should be reformed.

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A video casebook about the legal decisions that define and govern our constitutional rights. Each video tells the story of an important Supreme Court case, and then shows you how to read the case yourself.

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Firing McDonald’s Easterbrook: What Could the Board Have Done Differently?

Letting a senior leader go is one of the biggest—and most fraught—decisions for a corporate board. Consider the recent CEO scandal and legal wrangling at McDonald's, says James Heskett. Open for comment; 0 Comments.

• 20 Sep 2021

How Much Is Freedom Worth? For Gig Workers, a Lot.

In the booming gig economy, does the ability to set your schedule outweigh having sick leave and overtime? Felix Oberholzer-Gee and Laura Katsnelson turn to DoorDash drivers to find out. Open for comment; 0 Comments.

• 17 Sep 2021

The Trial of Elizabeth Holmes: Visionary, Criminal, or Both?

Eugene Soltes explains why the fraud case against the Theranos cofounder isn't as simple as it seems, and why a conviction probably wouldn't deter unethical behavior from others. Open for comment; 0 Comments.

• 23 Aug 2021

Why White-Collar Crime Spiked in America After 9/11

The FBI shifted agents and other budget resources toward fighting terrorism in certain parts of the country, and financial fraud and insider trading ran rampant, according to research by Trung Nguyen. Open for comment; 0 Comments.

• 23 Feb 2021

Examining Race and Mass Incarceration in the United States

The late 20th century saw dramatic growth in incarceration rates in the United States. Of the more than 2.3 million people in US prisons, jails, and detention centers in 2020, 60 percent were Black or Latinx. Harvard Business School assistant professor Reshmaan Hussam probes the assumptions underlying the current prison system, with its huge racial disparities, and considers what could be done to address the crisis of the American criminal justice system in her case, “Race and Mass Incarceration in the United States.” Open for comment; 0 Comments.

• 19 Oct 2020
• Working Paper Summaries

Bankruptcy and the COVID-19 Crisis

Analyzing the impact of the COVID-19 crisis on bankruptcy filing rates in the United States, this study finds that large businesses, small businesses, and consumers experience very different effects of the crisis.

• 12 Aug 2020

Why Investors Often Lose When They Sue Their Financial Adviser

Forty percent of American investors rely on financial advisers, but the COVID-19 market rollercoaster may have highlighted a weakness when disputes arise. The system favors the financial industry, says Mark Egan. Open for comment; 0 Comments.

• 26 Jun 2020

Weak Credit Covenants

Prior to the 2020 pandemic, the leveraged loan market experienced an unprecedented boom, which came hand in hand with significant changes in contracting terms. This study presents large-sample evidence of what constitutes contractual weakness from the creditors’ perspective.

• 23 Mar 2020

Product Disasters Can Be Fertile Ground for Innovation

Rather than chilling innovation, product accidents may provide companies an unexpected opportunity to develop new technologies desired by consumers, according to Hong Luo and Alberto Galasso. Open for comment; 0 Comments.

• 01 Nov 2019

Should Non-Compete Clauses Be Abolished?

SUMMING UP: Non-compete clauses need to be rewritten, especially when they are applied to lower-income workers, respond James Heskett's readers. Open for comment; 0 Comments.

• 28 May 2019

Investor Lawsuits Against Auditors Are Falling, and That's Bad News for Capital Markets

It's becoming more difficult for investors to sue corporate auditors. The result? A weakening of trust in US capital markets, says Suraj Srinivasan. Open for comment; 0 Comments.

Writing Effective Legal Case Briefs for Law Students

How to write a case brief, complete with examples.

tl;dr - Case briefs help your understanding of legal concepts and enable you to better prepare for exams. Here are some example case briefs .

As a new law student, one of the essential skills you need to develop is the ability to write effective legal case briefs. A case brief is a concise summary of a legal case that highlights the key issues, legal principles, and holdings of the court. Writing a good case brief can help you better understand the law, prepare for class discussions and exams, and become a more effective legal professional. In this article, we'll explore the key elements of a good legal case brief and provide some tips on how to write one effectively.

Legal case briefs are an essential tool for you as a law student, as they provide a concise and organized summary of a court case. Case brief examples serve as a means for you to understand the facts, issues, and legal principles underlying a court decision, and are crucial in helping you develop analytical and critical thinking skills.

One of the primary reasons why case briefs are important for you is that they help you understand the law in a practical and applied manner. In law school, you study legal principles and concepts in a theoretical sense. However, case briefs provide a means for you to see how these principles are applied in real-world situations. By analyzing and dissecting court decisions, you are able to gain a better understanding of how legal principles and concepts are applied in practice. For example, case brief examples of landmark cases like Marbury v. Madison or Brown v. Board of Education can help you understand the historical and legal significance of these cases.

Understand the Structure of a Legal Case Brief

Before we dive into the details of how to write a good legal case brief, it's important to understand its structure. A typical legal case brief, such as the examples of case briefs available on LSD , includes the following sections:

• Title and Citation: This section includes the name of the case, the court that decided the case, and the citation (i.e., the reference that identifies where the case is published).
• Facts: This section provides a brief summary of the key facts of the case, including who the parties are, what they did, and how the case came to court.
• Issues: This section identifies the legal issues that the court was asked to decide, and focuses on the questions that the court addressed in its decision.
• Holding: This section summarizes the court's decision on the legal issues presented in the case.
• Analysis: This section provides an explanation of the court's reasoning in arriving at its holding, including the legal principles and rules that the court relied on.

Focus on the Key Facts and Issues

When writing a case brief, it's important to focus on the key facts and legal issues presented in the case. You should avoid including unnecessary details or information that is not relevant to the legal issues. Instead, focus on the facts and issues that are essential to understanding the court's decision. This is evident in many examples of case briefs written by legal professionals.

Identify the Legal Principles and Rules

In addition to focusing on the key facts and issues, it's important to identify the legal principles and rules that the court relied on in arriving at its decision. This will help you understand the court's reasoning and the legal principles that are relevant to the case. Many examples of case briefs available online also highlight the legal principles and rules that were applied in a particular case.

Use Clear and Concise Language

A good legal case brief should be written in clear and concise language, as seen in examples of case briefs written by legal professionals. You should avoid using legal jargon or technical terms that may be difficult for a layperson to understand. Instead, use plain language that accurately conveys the meaning of the court's decision.

Be Organized and Structured

To make your case brief more effective, it's important to be organized and structured in your writing. Use headings and subheadings to separate different sections of your brief, and make sure that each section flows logically from one to the next. This is evident in many examples of case briefs available online, which are organized and structured in a clear and logical manner.

So, what’s the point?

Developing analytical and critical thinking skills.

Writing case briefs helps you develop analytical and critical thinking skills. By analyzing court decisions and identifying key facts, issues, and legal principles, you are practicing your ability to think critically and to identify relevant legal issues. Case briefs provide a practical way to develop these skills and apply them to real-world legal problems.

To further develop your analytical and critical thinking skills, you can practice writing your own case briefs. Take a recent court decision and write a brief that summarizes the key facts, issues, and legal principles involved. This will help you become more proficient at identifying relevant information and organizing it in a structured manner.

Preparing for Class and Exams

In addition to being a valuable tool for developing analytical skills, case briefs also help you prepare for class discussions and exams. As you read cases and write briefs, you are gaining a deeper understanding of the law and the reasoning behind court decisions. This knowledge will help you participate more effectively in class discussions and will also help you prepare for law school exams.

To get the most out of case briefs when preparing for exams, you can practice writing case briefs for cases that you studied throughout the year, or to hypotheticals from past exams. This will help you apply the analytical skills you've developed to new situations and ensure that you are able to communicate your understanding of legal principles effectively.

In conclusion, case briefs are an essential tool for law students as they provide a practical application of legal principles, help develop analytical and critical thinking skills, and aid in preparing for class discussions and exams. By studying case brief examples, practicing writing your own briefs, and developing a deep understanding of the law in context, you can become a more proficient and effective student and legal professional. For examples, check out LSD's case brief database .

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Case Studies

Explore case studies of previous cases which Allan Rouben has represented. Find examples of case studies in all focus areas of law.

Legroulx v. Pitre: Striking Jury Notice, Charter of Rights and Freedoms and Rules of Civil Procedure

Background: A complicated action was proceeding in Ottawa before Justice Denis Power and a jury. The plaintiff’s injuries, arising out of a car accident, raised difficult issues of causation and required that complex medical evidence be heard. The plaintiff’s lawyers considered the medical issues were too complex for the jury and brought a motion to …

Legroulx v. Pitre: Striking Jury Notice, Charter of Rights and Freedoms and Rules of Civil Procedure Read More »

Lucia’s Case: Appeal, Civil Litigation, Jurisdiction and Forum non Conveniens

Background: Lucia resides in Ontario with her family, and was involved in a car accident in Michigan. She brought suit in the Ontario Superior Court of Justice against the driver and owner of the vehicle, as well as her own insurer given that the Michigan defendants claimed the accident was caused by an unknown vehicle. …

Lucia’s Case: Appeal, Civil Litigation, Jurisdiction and Forum non Conveniens Read More »

Patrizia’s Case: Appeals, Civil Litigation, Negligence and Minimum Maintenance Standards

Background: Patrizia was driving to work early on a snowy morning in April. The roads in Milton were snow covered and slippery. Weather forecasts from the day before predicted an 80% chance of snow, yet the Town of Milton had not scheduled an evening patrol to monitor the roads and clear the snow. Tragically, as …

Patrizia’s Case: Appeals, Civil Litigation, Negligence and Minimum Maintenance Standards Read More »

F.A.’s Case: Criminal Law, Appeals, Sexual Assault and Ineffective Assistance of Counsel

Background: F.A. worked in a medical facility with a much younger female co-worker. There was flirting between them. They went out together one evening, meeting up in a park and later driving around in F.A.’s car. He said he had a surprise for her at the office so they parked close by. Instead of going …

F.A.’s Case: Criminal Law, Appeals, Sexual Assault and Ineffective Assistance of Counsel Read More »

Clare’s Case: Labour Law, Duty of Fair Representation and Ontario Labour Relations Board

Background: Clare had been working for General Motors for 23 years before his termination. The company claimed that he had threated a supervisor after being told that a urine sample he had given was diluted. Clare denied the allegation and asked the Union, Canadian Auto Workers Local 222, to grieve the termination. He communicated frequently …

Clare’s Case: Labour Law, Duty of Fair Representation and Ontario Labour Relations Board Read More »

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Legal case studies and written exercises

As part of the recruitment process, in this kind of exercise you are given a set of papers relating to a particular situation and asked to make recommendations in a brief report. The firm will pick a case study relevant to the work they do. You are provided with a large amount of factual information. 

The most common written exercise is writing a letter to a client on whether or not to proceed with a business proposal, once you have read the relevant documents. You may be asked to present advice to the client (usually played by a partner) or answer questions on the case. You are being tested on your ability to: 

• Analyse information
• Think clearly and logically
• Exercise your judgement
• Express yourself on paper/ present yourself to a client

Examples of exercises

• Investment project - given a bundle of documents including letter from the bank, background information on accounts. Should the client invest?
• Write a report summarising the information given about an energy firm wanting to take over an urban community regeneration scheme. Look at the strengths, risks, obstacles to scheme and suggestions about whether it should move forward.
• Given a lengthy consultant's report with half an hour to read and then draft a presentation recommending whether to go ahead on buying the company - followed by questions.
• The client, a steel company, is losing money due to a rival. There's also a proceeding against your client. The rival company is thinking of merging with / acquiring your client's company. Look at the extract of a contract between the client and the steel supplier and advise your client of the pros and cons regarding the proceeding.
• Given an accident and medical report and photos - written answers to a series of questions.
• Proposed M&A - pick out the relevant parts to read and then present to the interviewers on what you feel is the correct course of action.
• Legal interpretation question based on fictional health and safety legislation.
• Interpret a section of the mental health act - answer questions from the interviewer.
• Employment service contract - review in order to answer 10 set questions.
• Five passages to rewrite in layman's terms.
• Draft a letter of complaint to a local electrical store regarding faulty goods.
• Read a case study on police ill treatment and then draft a report on the legal matters arising from it.

Individual tasks

Candidates generally work independently on such an exercise and their recommendation or decision is usually to be communicated in the form of a brief written report and/or a presentation made to the assessors. Ensure your thought processes are clearly articulated and available for the scrutiny of the assessors. Of paramount importance, if the brief requires a decision to be made, ensure that a decision is made and articulated.

Group tasks

You may be asked to do a case study as a group. It is likely to be along the lines of the first two exercises in the example with information given to the group to sift through and pull out the key facts. At the end the group will be asked to present to the interviewers, outlining the issues involved and key recommendations and then take questions as a group.

Letter drafting criteria

If in the exercise you are involved in drafting a letter, as part of the assessment the interviewer will check that it:

• Protects the interests of the client
• Meets the client's objectives
• Addresses all relevant factual and legal issues
• Identifies relevant options
• Is logically organised
• Is consistent and coherent
• Is clear and concise

Other preparation

In addition to the general preparation your course provides, you could also:

• Find out what sort of cases your employer specialises in
• Practice a Watson Glaser test, a critical reasoning test often used by firms at assessment centres
• Practice 'skim' reading which is an important skill. This feedback from a candidate demonstrates this: 'The exercise was very time-pressured and I made the mistake of reading all of the information given before starting to write anything down. I got the impression that not all of the info was supposed to be relevant and that they were testing our ability to sift through written material to extract the most important things.'

Don't focus on the technicalities

Non-law students often do well on these exercises as they do not have the relevant knowledge of the law and so focus on sifting the information, whereas law students often get too involved with trying to understand the information in legal terms.

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The essential cases every law student should know

Cases capture human stories, shape public debate and establish new expectations of the state. Their wider effect can reflect society's consciousness but often lead to new laws. Cases and judges' decisions are a law student's bread and butter. Here are a few you will come across:

Care for thy neighbour:

In 1932 Mrs Donoghue launched the modern law of negligence, after finding her ginger beer less than appealing. Known to generations of law students as the "snail in the bottle" case, it is best known for Lord Atkin's famous neighbour principle. In declaring we should take reasonable care to avoid harm to those we foresee can be affected, he established when we owe duties to each other. Accidents and injuries were forever to be reshaped into claims and compensation.

Foreign detainees

Known as the Belmarsh decision , there is no modern case that better sets the boundary between national security and civil liberties. Decided by a panel of nine law lords, the 2004 decision became an important milestone in judges protecting both the rule of law and human rights. In a challenge to the Labour policy of indefinitely detaining foreign terrorist suspects without charge, the majority declared the British state acted illegally and in a discriminatory way. In his powerful rejection, Lord Hoffman stated "The real threat to the life of the nation… comes not from terrorism but from laws such as these."

Spanish fisherman

Providing the legal backdrop to a decade of EU-scepticism is the 1991 case of Factortame , this case on the rights of Spanish fisherman to fish in British waters is a mainstay on any public law course. It confirmed the priority of European laws over UK acts of parliament and thus struck a blow against parliament's legal supremacy. In so doing it provoked much constitutional debate about the extent of EU legal powers - and Britain's relationship with Europe as a whole.

Officially the longest case in English legal history, this ten year David v Goliath libel battle exposed the price of justice when corporations take on individuals. The fast food giant sued green campaigners David Morris and Helen Steel for libel over a stinging pamphlet criticising the their ethical credentials. McDonalds walked away with both a win and a PR disaster. The European court of human rights later declared in 2005 that the pair, who were unfunded and were representing themselves, had been denied their right to a fair trial.

Jodie and Mary

In the year 2000 the plight of conjoined twins made front page news . The question was whether it was justified to separate and knowingly "kill" the weaker Mary in order to save her stronger sister Jodie, given both were destined for a premature death. In spite of parents favouring non-separation, doctors wanted a declaration that such an operation would be lawful. In a maze of ethical and legal conflicts, Lord Justice Ward rather hollowly declared that "this is a court of law, not a court of morals."

After admitting to sleepless nights, the judges allowed the doctors to separate. Lord Justice Brooke declared the situation as one of necessity, allowing the option of a lesser evil. The stronger twin survived and made a full recovery. The thankfully rare case, otherwise found in philosophy debates, demonstrates the relationship between law and morality, perhaps one of the first questions on a legal theory course.

Domestic abuse

A year after marital rape was declared rape in 1991, came the case of Kiranjit Ahluwalia , who had been abused for over a decade by a violent husband. She was convicted of murder after setting her husband alight as he slept. In recognising long-term domestic abuse and the possibility of a slow-burn anger that led to her snapping, the case was a cause célèbre for feminist and domestic abuse groups. Though finally the decision in the end was based on diminished responsibility, it was seen as a benchmark for tackling the gender bias in the criminal law and raising public awareness of domestic abuse. Ahluwalia's conviction was reduced to manslaughter, and she was freed.

International human rights law received a global TV audience in 1998 after former Chilean dictator General Pinochet was arrested in London. Under the rules of universal jurisdiction, he was detained following a Spanish extradition request facing charges of crimes against humanity. The law lords declared that there could be a limit to the immunity enjoyed by heads of states. Though Pinochet was never extradited, the case sent out a strong message about accountability for leaders who commit human rights abuses,before the international criminal court was established.

The case is also well known among lawyers when after the first hearing it was disclosed that that one of the ruling law lords, Lord Hoffmann, was a director of Amnesty International, a party to the cases. The entire hearing had to be repeated to show that "justice must not only be done but be seen to be done."

The internet age

Injunctions, twitter, privacy and the extra marital activities of footballers were all the rage in early 2011. Nothing struck up more attention than the application for an injunction by Ryan Giggs against the Sun. His name was widely tweeted and the situation became more farcical when MP John Hemming revealed his name in the House of Commons. The debate forced the law to react to an age of the internet and social media. The case followed a long line of celebrity court battles in the 2000's, and became another marker in the debate between balancing freedom of expression and the right to a private life.

From across the Atlantic arguably no case better demonstrates the political and social impact of judicial decisions. The landmark decision in 1973 upheld a woman's right to an abortion. Synonymous with abortion in the USA. Hundreds of thousands march on the US supreme court on the anniversary of the decision each year.

Any of Denning's cases

In our common law system, many judges leave their mark on a particular area of law. However clichéd, no judge will live longer in the memory of law students than the controversial Lord Denning. He demonstrates the power of personality in a subject that is often seen technical, dry and rule-based. In the words of Lord Irvine, "the word Denning became a byword for the law itself." Denning reminds us that all cases are eventually decided by individuals who are made up of values and personal perspectives that make them who they are. Students , you are encouraged to think, debate and learn the law in the same spirit. Good luck.

Are there any need-to-know cases missing from this list? Add them in the comments below.

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Definitive Guide to Law Firm Case Studies! *Monday Article Series*

• Thread starter Jacob Miller
• Start date Jan 18, 2021
• Tags assessment centre assessment centre case study case studies case study case study interview law firm case study written assessment

Jacob Miller

Legendary member.

• Jan 18, 2021
• InvestLDN: 50%
• Jacob M: 40%
• Alice G (Jacob’s grandmother): 6%
• Daniel B (Jacob’s uncle): 4%
• We absolutely want 100% ownership; we won’t settle for anything less.
• We don’t want the hassle of having to set up new supply lines for their existing locations, we’re keen to more or less pick up all their suppliers.
• We haven’t been told how much they want for the business yet, but ideally, we don’t want to pay much more than £850mn
• We want Jacob to stay on with a public-facing role in the company - he’s a major part of the brand and we don’t to lose him.”
• For in-person assessment centres, if you’re wearing a wristwatch, take it off and put it somewhere you can see it at a glance to keep time. If you’re completing your assessment centre virtually, make sure there is an accurate clock somewhere that you can see at a glance for the same purpose.
• Spread all the documents in pack across your workspace with a notepad/ whatever you’ll be using for notes in the middle, where you can easily use it. This mitigates the chances of accidentally missing a document if you have them all in one profile.
• Locate whatever document in the file contains the key issues you are asked to cover and make a note of, or highlight, these so you can easily make reference to them.
• Take a few minutes to make a plan. Skim read the information you’ve been given to get a solid handle on key facts and the broad scenario. Use this time to make notes of any particularly obvious issues that jump off the page.

• The solicitor-client relationship between Lawyer McLawface LLP and KoffeeKulture
• The potential buyer-target relationship between KoffeeKulture and Jacob’s Juices
• The shareholder-company relationships between Jacob’s Juices Worldwide and its four shareholders, as well as Jacob’s daily position within the company
• The group company relationships between Jacob’s Juices Worldwide Ltd, the target, and JJ UK/ JJ USA/ JJ Canada
• The supplier-client relationship between FruitsRUs and JJ UK
• Colour coding each issue with a different colour of pen or highlighter. Beware, though, that you could quickly run into issues with the number of colours you have relative to the number of issues in the paper; it is also not guaranteed that you’ll be able to access your bag/ pencil case before the exercise starts, so you may be unable to get all your pens/ highlighters
• Give each issue a number. This is the approach I personally used. As you read through each document and identify an issue, number it. If you then come across another piece of information in a subsequent document which relates to an issue you have already numbered, you can give it the same number, so you remember that they are correlated

• Note, for example, that we have raised concerns about tax and employment obligations after the deal. These are considerations which are a part of every commercial transaction; it is important to show that you have a wider understanding of how deals work.
• In this example, points such as KK’s large existing market share are subtle and also mixed in among a lot of unimportant background information, yet any challenge from a competition authority can completely destroy the prospect of a deal. It is important to look for even the smallest hints throughout the case study.
• For example, in this case study, the termination clause of the contract between JJ and FruitsRUs is included, but, although it seems as though it ought to be important, it is actually of very little consequence for any issues we are considering here.
• In case you were wondering, the issue we left out was in regards the fact that JJ were developing a franchise model before discussions started concerning the acquisition. We would need to conduct further due diligence to find out more about this: what stage were preparations at? Are there prospective franchisees who have signed agreements for obligations we would need to carry forward? Missing a point doesn’t make you any weaker a candidate - they don’t expect you to catch everything!
• Key issues here are that Alice is potentially developing of dementia and Daniel is adamant that he does not want to sell his stake
• There are various issues with the JJ/FruitsRUs contract which could pose challenges here
• JJ was recently valued at £1bn so there is a clear mismatch here. We may need to look at leveraging different issues to lower the purchase price and also look at nuanced payment models such as instalments or targets-based payment
• Jacob wants to leave to start a new venture; we would need to try and negotiate him staying for a longer period and also need to ensure his new venture would not compete with JJ/ KK. We would look to have a non-compete clause in the contract to secure this.
• Identify where you have had to make assumptions for lack of information OR identify where you would need to investigate/track down additional information to not make assumptions.
• Think realistically about the time you are given to prepare and to “report” back (whether in an interview, a presentation or written format). These tasks are always given with a very strict time limit so think about what’s reasonable to do within that. Quality over quantity will generally win out. Do you want to be the person who identifies lots of things superficially and with no connection to other points, or do you want to be the person who is able to show depth of analysis in some areas?
• Prioritise - linked to the above aspect of limited time, but also try to prioritise your points. There’s probably lots you could make, but some are likely to be more substantial, more urgent or more important than others. Your analysis or opinion of what’s more influential will probably be assessed.
• Skim read or have a quick glance through all the information given to you first to try and gauge what information you have in front of you before you start to pull your ideas together. If you start to read through it meticulously from the start, you might end up realising something on the last page blows everything out of the water or changes another point considerably, effectively meaning you have to start from scratch.
• Remember who your audience is. For instance, with a written response, sometimes you’ll be writing something for a partner, sometimes you will be writing for a client. They are very different audiences with very different perceptions of what is important, with very different levels of knowledge. Think carefully about who your audience is and what they might (or might not) already know.
• Plan! When you are given the task don’t be tempted to jump in immediately, have a glance over the information then use your brief to create a plan (e.g. what is the issue, what is the evidence for this issue, what is the solution). This way you can avoid aimlessly looking through the information as you will never have enough time to go through everything in detail.
• Perspective! To help you find a range of issues, try to read through the information given to you from the perspectives of the different practice areas (e.g. what issues would the corporate team raise vs the banking team vs the real estate team vs the competition team). Doing this will enable you to cover more ground.
• Be solution focused! More often than not, once you have identified the issues interviewers will be looking to test your problem-solving skills either directly through the task itself or indirectly through follow up questions. Ultimately the role of a solicitor is to advise clients, so it is important that when you spot your problems, you consider proposals for solving them.
• Structure - Always include an executive summary of your conclusions/analysis/solutions at the beginning. Anyone that has little time to be reading through an entire document of details will want to get the information that is most important first and I think this holds true for any potential audience of the document you’re writing (partners, clients, associates etc.)
• Reasoning - This is a tip geared particularly to case studies that have a discussion element. Even if you are unsure of the answers to any follow up questions you might receive, the key thing is to demonstrate how you’ve come to the conclusion you have made. Really talk through every step of your thought process because even if the final answer is wrong, this is something that demonstrates the analytical skills that firms look for.
• Practice - Make full use of any of the sample case studies you can find on the forum or anywhere else to practice your clarity of writing, structure and level of analysis. This can really help candidates snap out of the long-winded style of writing that many of us default to because of writing university essays.
• Diagram: Often you will be asked to give an overview or a summary of the matter at hand. A great way to do this simply and concisely is to use a diagram to show a visual representation of the scenario. If you have an M&A case study for example, you might want to draw who the buyer, the seller and the target are and use arrows to show the relationship between the parties. You could also note the price of the target here and also perhaps how the transaction is being funded by the buyer if this is given – if they are getting a bank loan, you could add the bank to the diagram and also the sum of the loan. The diagram doesn’t need to be a work of art, but it just needs to sum up the scenario well and it is serving as an aid for you to tell the overall story above anything else. It also doubles up as a repository of useful info from the documents (like deal price) so you don’t need to worry too much about retaining everything in your head! ( Note from Jacob: Looks like we’re on the same page here, Alice! ) 2. Organisation strategy for multiple questions: If you are posed with multiple questions to answer in a case study, I tended to like spider diagrams. I used to write each key question in a bubble in the middle of an A4 page (which would become my spider diagram) and I attributed a different coloured highlighter for each question. Say there were three questions I needed to answer, I would have three pages upon which I would do my diagram and three highlighters, one for each question. I would then go through the materials and use the correct highlighter for when a piece of information would help me to answer a particular question. I would then add that information onto the correct spider diagram with a page number beside it for ease of reference. By the time I had gone through all the information pack, I then had all the info I needed which was easy to re-find in my colour coded information pack. At that stage, I could spend my time constructing my written work/presentation with a greater focus on argument, structure and precision. I found this a really good technique which worked well for me, especially in tight time constraints. 3. Practice areas: Before opening information packs, I would write down all the law firm practice areas and have that in front of me. This helped me to think critically about what I was reading and meant I was actively searching for points and information. Law firms tend to add details into case studies which are really subtle and can be easily missed so I found in approaching case studies in this way, I was better able to pick up on these more subtle and nuanced points which would often help me to get credit for innovative and ‘outside the box’ thinking. Final point – leave ten minutes at the end to proof if it is a written task – this is vital.

Star Member

• Jan 25, 2021

My first AC is coming up tomorrow morning - this could not have come at a better time. Thank you for taking the time to write this!  

Founder, TCLA

Polyglot said: My first AC is coming up tomorrow morning - this could not have come at a better time. Thank you for taking the time to write this! Click to expand...

Jaysen said: Best of luck! Click to expand...

• Jan 26, 2021

Distinguished Member

Hi Jacob, first of all, thank you for this really helpful guide! I just wanted to clarify a few points: 1) In a written case study, let's say about 45 mins, how many points should you pick out? Should you stick to the ones specifically related to the client's demands (so in this case the 4 points mentioned in the note from KK Managing Director) or is it better to include everything you can find? 2) Could you please clarify what's a "targets-based payment"? I tried googling this but couldn't really find the answer. 3) Would you say it's better to try and focus equally between legal and commercial issues? Thank you! 😊  

rachelzane said: Hi Jacob, first of all, thank you for this really helpful guide! I just wanted to clarify a few points: 1) In a written case study, let's say about 45 mins, how many points should you pick out? Should you stick to the ones specifically related to the client's demands (so in this case the 4 points mentioned in the note from KK Managing Director) or is it better to include everything you can find? 2) Could you please clarify what's a "targets-based payment"? I tried googling this but couldn't really find the answer. 3) Would you say it's better to try and focus equally between legal and commercial issues? Thank you! 😊 Click to expand...

• Feb 5, 2021

Jacob Miller said: Very very best of luck with your AC! I'm sure you'll smash it and I'm delighted the article was of help to you!! Click to expand...

Daniel Boden

Polyglot said: Jaysen and Thank you so much! Just wanted to say I was offered a place for the CMS Academy this Tuesday and it is still sinking in. Thank you again for the article, it definitely helped! Click to expand...

Daniel Boden said: Huge congrats! Hope you've been able to celebrate 🎉🥂 Click to expand...

Emma Raymond

• Feb 6, 2021

Thanks so much for posting this article. Was really helpful having a break down of how to approach case studies ahead of my assessment centre. Also appreciated the creativity with regards to the name of the stakeholders!  

• Feb 14, 2021

Hi, You wrote DT in the mind map above. I was wondering what it stands for...Does it mean Dispute Team?  

Alya said: Hi, You wrote DT in the mind map above. I was wondering what it stands for...Does it mean Dispute Team? Click to expand...

• Feb 18, 2021

Jacob Miller said: Hi all, please see below the third of my Monday Article Series! This week is my definitive guide to case studies. It's a long one - you might want to go get a coffee and settle in! Introduction This week’s Monday Article will cover how to approach law firm case studies, one of the most intimidating parts of the Assessment Centre (this was certainly the case for me!). We will first go over a mock case study scenario and then consider some points of technique for approaching the task when you’re first handed the document pack. Thereafter, we will break down the example case study and detail the approach I took to organise my thoughts and group together issues and solutions. Afterwards, we will look at how we would structure our answer for either a written assessment or a subsequent case study interview. Finally, we’ll conclude with some top tips from the fantastic TCLA team! Note, we won’t be examining how to excel in the case study interview, or in wider drafting tasks, today. This article will cover up to the point of structuring your response for the interview or drafting the letter/ email to whomever you have been asked to send it. Case studies are designed to test a variety of skills, including your ability to interpret and analyse large amounts of information. Depending on the format of assessment (i.e., written or presented interview), your drafting or presentation skills may be tested. Interview-style assessments also test your ability to think on your feet and respond to stressful situations where you may not always know the answer. Case studies are also an opportunity for you to demonstrate that you understand the work that commercial law firms undertake and how they may advise clients. Mock Scenario Note: as part of this mock cast study, we have drafted certain contract provisions. These have been greatly simplified for the purposes of this exercise, so will probably look a little different to ones you might see in real assessments! Background: You are a third-seat trainee sitting in M&A at Lawyer McLawface LLP, a large, London-based commercial law firm with international offices in most major European cities as well as satellite offices in New York and San Francisco. It is early on a Monday morning; you’ve just finished your second coffee of the day and are getting ready to go about your usual Monday routine when Jaysen, a Partner from your department, knocks on your door: “Hey- hope you had a nice weekend. Listen, we’ve just been instructed by a regular client on a potential acquisition. I’m really busy, so I don’t have time to fully brief you, but I want you on the deal team after you did so well on that big deal last month. Can you take charge of some initial due diligence for me? Just to pick up on any major issues to flag at a meeting with the client later. It’s urgent and needs to be completed in the next hour while I’m in this meeting. I’ve printed everything you’ll need.” No sooner has Jaysen handed you the document pack than he has turned around and hurried along the corridor to a meeting about another on-going deal that’s been challenged by the CMA. Your training principal, who overheard the conversation, has allowed you to delay the work you were doing for them to let you work on this new task. You open the document pack and establish that the client is KoffeeKulture (‘KK’), a large coffee chain known for their high-quality, ethically sourced coffee. In fact, you just finished one of their signature Orange Mocha Frappuccinos. They are an extremely well-established brand with approximately 25,000 stores and a large market share across the UK and Western Europe. Around 7,000 stores are owned and 18,000 are franchises. They have begun to engage in discussions with Jacob’s Juices (‘JJ’), a newer, but rapidly growing, smoothie and juice chain. JJ has around 12,000 stores across the UK and North America. JJ has supplied your client with a document containing mostly background information about the company, as well as an extract from a key contract with its main supplier, FruitsRUs. These documents, as well as a recent news article about JJ, and a short note from KK’s Global Managing Director, John Koffman, comprise the document pack which Jaysen gave you. Document 1: Background information “To whom this may concern, This document has been drafted for and on behalf of Jacob’s Juices Worldwide Ltd (‘us’/‘we’). It is to be viewed only by its intended recipients, namely, KoffeeKulture Senior Management, legal counsel and any external law firm instructed on the matter. We undertake that any information is true to the fullest extent of our knowledge, although no information contained herein shall form the basis or any part of a sale and nothing contained herein shall be considered a guarantee, warranty or indemnity. Jacob M launched our flagship Juice Bar in Farringdon, London in 2012. He used personal savings as well as money given to him by his uncle and his grandmother to launch the first venue. The venue was a great success and, in 2013, he launched two more Juice Bars, in the Spitalfields and Clerkenwell areas of London respectively. In 2015, by this time with ten Juice Bars around London and the South East, we came to the attention of Private Equity firm InvestLDN, and, after negotiations, they purchased 50% of the equity in the company. Our current shareholder stakes are as follows: InvestLDN: 50% Jacob M: 40% Alice G (Jacob’s grandmother): 6% Daniel B (Jacob’s uncle): 4% The business in its current form was valued in Q3 2020 at £1bn. Jacob is currently our global Managing Director and remains very active in the daily running of the business- it’s not uncommon for him to be seen working at our original Farringdon location if he has a quiet day (our HQ is just a few minutes away). Jacob is a major part of our brand’s image and ongoing success, but he is looking to start a new venture and, thus, is interested in selling his shares in the company and standing down as MD. InvestLDN are now looking to sell their stake in the company to realise their investment. Alice has said that she would be happy to also sell her stake in the company, but Daniel is adamant that he wants to hold onto his share for the foreseeable future. There have been rumours within the senior management that Alice is on the foothills of dementia. In terms of our global position, we currently have around 12,000 stores worldwide with around 2,500 in the UK, 6,500 in the USA (almost entirely on the East Coast) and 3,000 in Canada. We do not currently have a market presence in mainland Europe, although some recent market research we undertook would indicate that our products and brand would be well received in France, Italy, Spain and Germany. All of our stores are brand-owned, though we were developing a franchise model before these discussions started. We had hoped to launch this franchise model by late 2021 or 2022. Each country’s branches are technically under separate legal ownership- “JJ UK”, “JJ USA”, and “JJ Canada” respectively- but they’re all 100% owned by us. We have commercial rental agreements in place for all of our Juice Bars and the HQ office in Farringdon, but we have mortgages on our commercial processing plants in Luton, Delaware and Ontario. Our main produce provider for the UK, FruitsRUs, sources much of the produce from Europe and South America. They have recently raised some concerns surrounding importing produce to the UK post-Brexit, but we are confident that there shouldn’t be any issues. On that note, our contract with them is on a two-year rolling basis. The current two-year period ends on 31st March 2021. Please feel free to reach out for any further information.” Document 2: Extracts from contract between Jacob’s Juices and FruitsRUs “2.1: Change of Control FruitsRUs may, in the event of the sale of more than 50% of Jacob’s Juices Worldwide’s shares, terminate with immediate effect, or re-negotiate any terms of, this contract without committing a breach thereof. FruitsRUs must be notified of any sale before it occurs. ​ 3.7: Termination In order to terminate this contract, Jacob’s Juices must provide a minimum of 90 working days’ written notice to FruitsRUs. FruitsRUs must provide a minimum of 60 days’ notice to JJ for the same. ​ 4.3: Force Majeure FruitsRUs may, in the event of a force majeure event, terminate the contract without committing a breach thereof. ​ 5.1: Dispute Resolution In the event of a dispute arising under this contract, both parties submit to the jurisdiction and laws of Luxembourg.” ​ ​ Document 3: Extract from a recent newspaper article (dated 12/1/2020) “…the TCLA Times can report that Jacob’s Juices has allegedly been accused of causing a customer to have a severe allergic reaction after failing to label one of its signature smoothies appropriately at one of its London locations. The customer is alleged to have gone into anaphylactic shock and required an ambulance after nut-based products were not properly identified as an ingredient in one of the brand’s drinks. The wife of the customer, who is said to be in intensive care in hospital, was heard screaming “This isn’t over! I’ll sue this company until it’s bankrupt!” during the incident. It is unclear whether legal action has commenced. That’s not all that the global drinks chain has had to deal with recently, with reports that a small, rival smoothie chain in the UK has alleged that Jacob’s Juices stole its recipes during its early days, using a disgruntled ex-employee to obtain copies. It recently released a statement saying that it would use the “full force of the law” to see that “justice was done to prevent small companies being taken advantage of by global chains”. Jacob’s Juices have been approached for comment on both matters but have thus far refused.” Document 4: Note from KK Managing Director, John Koffman “… about this proposed acquisition of Jacob’s Juices, I just wanted to make a few points clear: We absolutely want 100% ownership; we won’t settle for anything less. We don’t want the hassle of having to set up new supply lines for their existing locations, we’re keen to more or less pick up all their suppliers. We haven’t been told how much they want for the business yet, but ideally, we don’t want to pay much more than £850mn We want Jacob to stay on with a public-facing role in the company - he’s a major part of the brand and we don’t to lose him.” Your Task: Please complete the due diligence (further research into and analysis of the legal and commercial implications of the information contained within the four preceding documents) that Jaysen has asked you to. You will have 60 minutes. Please pay particular attention to the points raised by John Koffman, as well as any other issues which you feel it is important to raise. Please be ready to present your findings to the client at the meeting in an hour [OR] Please draft a letter to the client to present your findings. Points of Technique It can be extremely intimidating when you’re first presented with the document pack. There is often a mass of information and it can be hard to know where to start. When I approached these tasks, I tended to go through a few routine steps before I started my substantive preparations. Here are some of the things you might wish to consider: For in-person assessment centres, if you’re wearing a wristwatch, take it off and put it somewhere you can see it at a glance to keep time. If you’re completing your assessment centre virtually, make sure there is an accurate clock somewhere that you can see at a glance for the same purpose. Spread all the documents in pack across your workspace with a notepad/ whatever you’ll be using for notes in the middle, where you can easily use it. This mitigates the chances of accidentally missing a document if you have them all in one profile. Locate whatever document in the file contains the key issues you are asked to cover and make a note of, or highlight, these so you can easily make reference to them. Take a few minutes to make a plan. Skim read the information you’ve been given to get a solid handle on key facts and the broad scenario. Use this time to make notes of any particularly obvious issues that jump off the page. Organising your thoughts After you’ve made your initial plans and have a broad understanding of the key issues and parties, it is time to start more substantive preparations. One technique I was taught, which I continue to use even outside of case study scenarios, is to draw a diagram. Using a diagram to identify key parties, their relationships to one another, and also to identify which key issues are linked to each party gives an easy-to-reference visual representation of issues which are at the core of the scenario. They can also be expanded to add information as you continue to read through the scenario in more detail and identify new issues. The diagram will become the ‘hub’ from which you can develop the framework of your response depending on the type of assessment. When drawing your diagram, the first step is to map in the key parties (stakeholders) and their relationships to one another. Below, you’ll see the first stage of my diagram for the above scenario – this will continue to grow as we go through the scenario in more depth. View attachment 2550 As you can see, we have identified key stakeholders in the first ‘phase’ of our diagram, as well as the relationships which they have to one another. In this case, these are: The solicitor-client relationship between Lawyer McLawface LLP and KoffeeKulture The potential buyer-target relationship between KoffeeKulture and Jacob’s Juices The shareholder-company relationships between Jacob’s Juices Worldwide and its four shareholders, as well as Jacob’s daily position within the company The group company relationships between Jacob’s Juices Worldwide Ltd, the target, and JJ UK/ JJ USA/ JJ Canada The supplier-client relationship between FruitsRUs and JJ UK Now we have identified our key stakeholders, we want to move towards analysing the key legal considerations and key commercial considerations. We also need to begin to consider what law firm practice areas would be involved in the deal and in what capacity, as well as whether we can give a definitive answer or solution for a given issue or whether we need more information and, if so, what information is required . By now, you will have a broad understanding of the content of each document. It is still worthwhile, however, to go back in and re-read all the information you’ve been given, this time paying more attention to particular items. It’s important to highlight and annotate information as and when you recognise it is relevant- there are various different ways you could approach this, for example: Colour coding each issue with a different colour of pen or highlighter. Beware, though, that you could quickly run into issues with the number of colours you have relative to the number of issues in the paper; it is also not guaranteed that you’ll be able to access your bag/ pencil case before the exercise starts, so you may be unable to get all your pens/ highlighters Give each issue a number. This is the approach I personally used. As you read through each document and identify an issue, number it. If you then come across another piece of information in a subsequent document which relates to an issue you have already numbered, you can give it the same number, so you remember that they are correlated Breaking down the case study In no particular order (we’ll cover that later), below are a selection of the legal and commercial issues that are present in the above case study example, as well as detail about whether we can provide a solution or if we need more information. Before you read them, though, try going back to see how many you can pick out yourself. Remember that we’ll break down almost every possible issue that could be pulled from this scenario. In a real, timed, case study, it is highly unlikely that you’ll be able to identify every single possible issue. In the next section, we’ll discuss prioritising the different issues you manage to identify, but, for now, these issues are all things which you might expect to pop up in a case study. Note, if a Practice Area block is left blank, this is an issue that would be covered by the Deal Team, i.e., the team in M&A who would lead the transaction from start to finish (in the case study, this is the team that you are a part of, headed up by Jaysen, the partner) . View attachment 2551 View attachment 2552 View attachment 2553 Now that we’ve identified all the relevant issues and potential solutions, let’s see how our diagram has developed with the advent of these new issues being added. New information has all been added in brown ink, with relevant departments noted in black (DT denotes any area that the Deal Team would take charge of): View attachment 2554 Before we go any further, though, I want to highlight a few key considerations based on what we pulled out from the case study in the table above: Not all issues are stated explicitly in the case study Note, for example, that we have raised concerns about tax and employment obligations after the deal. These are considerations which are a part of every commercial transaction; it is important to show that you have a wider understanding of how deals work. Some issues are only stated very subtly In this example, points such as KK’s large existing market share are subtle and also mixed in among a lot of unimportant background information, yet any challenge from a competition authority can completely destroy the prospect of a deal. It is important to look for even the smallest hints throughout the case study. There will almost always be ‘red herring’ information in a case study which is designed to look somehow important but is of little consequence For example, in this case study, the termination clause of the contract between JJ and FruitsRUs is included, but, although it seems as though it ought to be important, it is actually of very little consequence for any issues we are considering here. You will almost never pull out every single issue. We’ve even left one issue out of the table above! This is natural, it would be extremely unusual to be able to identify every single potential challenge in a case study owing to your time restrictions. In case you were wondering, the issue we left out was in regards the fact that JJ were developing a franchise model before discussions started concerning the acquisition. We would need to conduct further due diligence to find out more about this: what stage were preparations at? Are there prospective franchisees who have signed agreements for obligations we would need to carry forward? Missing a point doesn’t make you any weaker a candidate - they don’t expect you to catch everything! Getting ready to present: identifying and prioritising key issues Because case study exercises are timed in such a way as to never quite give you enough time to do all the work you would like to, it is imperative to prioritise key issues so that you’re presenting the most important issues first. The reason for this is that clients, or a Partner heading into a meeting with a client, needs to know the more important issues before they are concerned with smaller, more extraneous matters. It is also very important to present either a solution or next steps in relation to each issue you raise; at the end of the day, it is a commercial solicitor’s job to find solutions to clients’ challenges, so it’s important that you show this in assessment. In my experience, I tended to find that I only ever had time to list the 6 – 8 most important issues when either drafting a letter to a client or preparing for the subsequent interview. When identifying key issues, these don’t have to be all legal or all commercial; in any event, there is often some amount of overlap between them anyway. The key thing to think about when deciding whether an issue is essential or more extraneous is what impact it could have on the deal. If an issue has the potential to stall the deal or is something which is of substantial importance to your client, it would be considered a key issue. If, on the other hand, an issue is unlikely to pose any major challenge and is not of particular importance to your client, it would be considered more extraneous and, so, less important to raise. If your document pack/ task has included particular item of importance, these are things which it is essential to bring up in the letter/ presentation. In this example, we might consider four such points: KK want 100% ownership Key issues here are that Alice is potentially developing of dementia and Daniel is adamant that he does not want to sell his stake KK don’t want to find new supply lines for JJ products and want to maintain their existing suppliers for the time being There are various issues with the JJ/FruitsRUs contract which could pose challenges here KK ideally don’t want to spend any more than £850mn JJ was recently valued at £1bn so there is a clear mismatch here. We may need to look at leveraging different issues to lower the purchase price and also look at nuanced payment models such as instalments or targets-based payment KK want Jacob to stay within the company in a prominent public-facing role Jacob wants to leave to start a new venture; we would need to try and negotiate him staying for a longer period and also need to ensure his new venture would not compete with JJ/ KK. We would look to have a non-compete clause in the contract to secure this. Structuring your response for a subsequent interview There are several factors to consider when structuring a case study response in anticipation of an interview. The first thing to consider is the structure: often, a case study interview will be structured as a presentation and subsequent interview. This presentation may be 10 – 15 minutes and involve you presenting your initial points to the assessor, usually a partner at the firm. Sometimes, the partner will be ‘in character’ as a client, so you must pitch your presentation to the client, and sometimes they won’t, so you’ll pitch it to the partner as such. The firm will almost invariably advise you what the case will be before you go into the room. It is essential that you adjust your presentation according to whether you are meant to be presenting to a lawyer or a client – essentially a layperson with some commercial, but little legal, acumen. If you’re pitching to a client, consider dropping the legal jargon and, instead, explain the issues you raise in plain English. If my interviewer was in character as a client, I would also typically check that they fully understood the point I had made before moving onto the next issue in my presentation. While this might seem patronising, considering that you know the ‘client’ is actually a lawyer who almost certainly knows far more than what you’re presenting them, it is important to show that you have good soft skills and a client-focussed manner. A client wouldn’t like to be rushed through a presentation without knowing what was being said. At the end of the day, they’re paying a lot of money to understand the various issues at hand, so play up to that character as necessary. As an extension of this point, always try and explain the thought process/ logic behind your decisions and conclusions in your presentation. When I had to prepare for an oral presentation, I would typically switch away from my diagram and spend the last ten minutes or so of the preparation time writing a bullet point list with the key issues, and next steps/solutions, I planned to raise during the presentation. I would set this out in the same way that the key issues are identified above. If I had time, I would quickly jot down some of the more extraneous issues in case I had time to discuss them, or for when I was then questioned on them. In my experience, you’re generally allowed to take all your notes into the interview with you, so I would always take my diagram and, if a point came up which I hadn’t subsequently noted on my bullet point list, I could consult this before giving a response. Check on the day whether this is permitted, though, so you know how reliant you will be on whatever materials you are permitted to take in with you. Structuring your response for a written assessment Although preparing a letter for a client, or emailing a partner, might seem starkly different to preparing for an interview, much of the same logic and approach apply. First of all, it is still vital to pitch your writing to the appropriate audience. If anything, it is even more important that, if writing for a client, you write in plain, accessible language and avoid all legal jargon. The reason for this is that, in an interview, a ‘client’ could always stop you to ask for clarification of a point where you have used inaccessible language; this is impossible with a letter. Secondly, and this goes for all legal drafting irrespective of the intended audience, be as concise and straight-to-the-point as possible. Lawyers and high-flying clients are exceptionally busy people and, as such, they don’t have time to read a long-winded introductory paragraph full of niceties and waffle. You almost certainly don’t have time to write it, either. Get straight to the issues you need to mention! I would typically include an Executive Summary at the start of my written exercise with 1 – 2 sentence bullet point summaries of each key issue and solution/next steps before more fully exploring each of the issues thereunder. This shows a good understanding of the needs of those who are likely to read the letter, for example, they might only have time to scan over key points walking between meetings and need a very brief outline of key points. It also shows good drafting skills. Similarl to an oral presentation, try and include some of the thought process/logic that’s gone into each conclusion – make sure to save this for the main paragraphs rather than the Executive Summary though! Another key point to consider here, following on from the issue of pitching to the correct audience in your style of writing, is also to pitch your tone of writing correctly. If, for example, you are drafting an internal email to be sent to a partner, this may be slightly less formal in tone than a letter going to a client. Similarly, if the case study is based on, say, advising a client on a litigious matter, this is likely to be even more formal in tone and approach than advising them on a deal. Use all these different points to show your understanding of client needs and drafting skills. Finally, and possibly the most important part of a written assessment, leave time to proofread! The last thing you want is a great response marred by a couple of silly grammatical or typographical errors. Top Tips from the TCLA team Jessica’s Top Tips: Identify where you have had to make assumptions for lack of information OR identify where you would need to investigate/track down additional information to not make assumptions. Think realistically about the time you are given to prepare and to “report” back (whether in an interview, a presentation or written format). These tasks are always given with a very strict time limit so think about what’s reasonable to do within that. Quality over quantity will generally win out. Do you want to be the person who identifies lots of things superficially and with no connection to other points, or do you want to be the person who is able to show depth of analysis in some areas? Prioritise - linked to the above aspect of limited time, but also try to prioritise your points. There’s probably lots you could make, but some are likely to be more substantial, more urgent or more important than others. Your analysis or opinion of what’s more influential will probably be assessed. Skim read or have a quick glance through all the information given to you first to try and gauge what information you have in front of you before you start to pull your ideas together. If you start to read through it meticulously from the start, you might end up realising something on the last page blows everything out of the water or changes another point considerably, effectively meaning you have to start from scratch. Remember who your audience is. For instance, with a written response, sometimes you’ll be writing something for a partner, sometimes you will be writing for a client. They are very different audiences with very different perceptions of what is important, with very different levels of knowledge. Think carefully about who your audience is and what they might (or might not) already know. Naomi’s Top Tips: Plan! When you are given the task don’t be tempted to jump in immediately, have a glance over the information then use your brief to create a plan (e.g. what is the issue, what is the evidence for this issue, what is the solution). This way you can avoid aimlessly looking through the information as you will never have enough time to go through everything in detail. Perspective! To help you find a range of issues, try to read through the information given to you from the perspectives of the different practice areas (e.g. what issues would the corporate team raise vs the banking team vs the real estate team vs the competition team). Doing this will enable you to cover more ground. Be solution focused! More often than not, once you have identified the issues interviewers will be looking to test your problem-solving skills either directly through the task itself or indirectly through follow up questions. Ultimately the role of a solicitor is to advise clients, so it is important that when you spot your problems, you consider proposals for solving them. Dheepa’s Top Tips: Structure - Always include an executive summary of your conclusions/analysis/solutions at the beginning. Anyone that has little time to be reading through an entire document of details will want to get the information that is most important first and I think this holds true for any potential audience of the document you’re writing (partners, clients, associates etc.) Reasoning - This is a tip geared particularly to case studies that have a discussion element. Even if you are unsure of the answers to any follow up questions you might receive, the key thing is to demonstrate how you’ve come to the conclusion you have made. Really talk through every step of your thought process because even if the final answer is wrong, this is something that demonstrates the analytical skills that firms look for. Practice - Make full use of any of the sample case studies you can find on the forum or anywhere else to practice your clarity of writing, structure and level of analysis. This can really help candidates snap out of the long-winded style of writing that many of us default to because of writing university essays. Alice’s Top Tips: Diagram: Often you will be asked to give an overview or a summary of the matter at hand. A great way to do this simply and concisely is to use a diagram to show a visual representation of the scenario. If you have an M&A case study for example, you might want to draw who the buyer, the seller and the target are and use arrows to show the relationship between the parties. You could also note the price of the target here and also perhaps how the transaction is being funded by the buyer if this is given – if they are getting a bank loan, you could add the bank to the diagram and also the sum of the loan. The diagram doesn’t need to be a work of art, but it just needs to sum up the scenario well and it is serving as an aid for you to tell the overall story above anything else. It also doubles up as a repository of useful info from the documents (like deal price) so you don’t need to worry too much about retaining everything in your head! ( Note from Jacob: Looks like we’re on the same page here, Alice! ) 2. Organisation strategy for multiple questions: If you are posed with multiple questions to answer in a case study, I tended to like spider diagrams. I used to write each key question in a bubble in the middle of an A4 page (which would become my spider diagram) and I attributed a different coloured highlighter for each question. Say there were three questions I needed to answer, I would have three pages upon which I would do my diagram and three highlighters, one for each question. I would then go through the materials and use the correct highlighter for when a piece of information would help me to answer a particular question. I would then add that information onto the correct spider diagram with a page number beside it for ease of reference. By the time I had gone through all the information pack, I then had all the info I needed which was easy to re-find in my colour coded information pack. At that stage, I could spend my time constructing my written work/presentation with a greater focus on argument, structure and precision. I found this a really good technique which worked well for me, especially in tight time constraints. 3. Practice areas: Before opening information packs, I would write down all the law firm practice areas and have that in front of me. This helped me to think critically about what I was reading and meant I was actively searching for points and information. Law firms tend to add details into case studies which are really subtle and can be easily missed so I found in approaching case studies in this way, I was better able to pick up on these more subtle and nuanced points which would often help me to get credit for innovative and ‘outside the box’ thinking. Final point – leave ten minutes at the end to proof if it is a written task – this is vital. That’s all for our biggest yet Monday Article! I hope you've enjoyed reading my Definitive Guide to Case Studies and that you'll find it helpful in coming assessment days! This was the third in a four-part series, please feel free to post or DM me with ideas for the next article and, as always, follow up with any questions in the thread below. Click to expand...

• Feb 21, 2021

hi all, where can I find TCLA’s case studies? I know I have seen them but cannot for the life of me find them right now. (PS: Jacob, thank you so much for this! It is really helpful!)  

Veep9 said: hi all, where can I find TCLA’s case studies? I know I have seen them but cannot for the life of me find them right now. (PS: Jacob, thank you so much for this! It is really helpful!) Click to expand...

• Feb 22, 2021

Jacob Miller said: Pleased you like them! I think @Jaysen or @Alice G might be best-placed to advise on where the case study resources are as I'm unsure of the access level they require. Click to expand...

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Understanding Legal Case Studies: An In-Depth Analysis of Real-Life Legal Scenarios

Hello and welcome! Today, we will delve into the fascinating world of legal case studies. Through an in-depth analysis of real-life legal scenarios, we will explore the intricacies of the law and gain a better understanding of how it applies in different situations. So, let’s jump right in and explore this exciting topic!

Understanding Legal Case Studies:

📋 Content in this article

1. What are Legal Case Studies? Legal case studies are detailed examinations of real legal cases that have been heard in courts across the United States. These studies provide a comprehensive analysis of the facts, legal issues, arguments presented by both parties, and the final decisions reached by the courts.

2. Purpose of Legal Case Studies: The primary purpose of legal case studies is to educate and inform individuals about the law by illustrating how it is applied in real-life situations. By studying these cases, individuals can gain insights into legal principles, reasoning, and how courts interpret and apply laws.

3. Types of Legal Case Studies: Legal case studies cover a wide range of legal areas, including criminal law, civil law, constitutional law, administrative law, and more. Each case study focuses on a specific legal issue and provides a detailed examination of the facts, legal arguments, and outcomes.

4. Key Components of Legal Case Studies: a. Facts: Case studies present a detailed account of the events that led to the legal dispute.

b. Legal Issues: These studies highlight the specific legal questions or controversies that arose in the case.

c. Arguments: Both parties present their arguments and legal reasoning to support their positions.

d. Precedents: Case studies often reference previous court decisions (precedents) that may have bearing on the current case.

e. Court Decision: The case study provides an analysis of the court’s final decision and its reasoning.

5. Benefits of Studying Legal Case Studies: Studying legal case studies can be beneficial for various individuals, including law students, legal professionals, and curious individuals interested in understanding the law. By examining these cases, one can develop critical thinking skills, improve legal analysis, and gain a deeper understanding of the legal system.

6. Ethical Considerations: When studying legal case studies, it is essential to approach them with an open mind and respect for the parties involved. Remember that these cases involve real people and real legal disputes that have had significant impacts on their lives. It is crucial to maintain privacy and confidentiality while discussing and analyzing these cases.

In conclusion, legal case studies provide a valuable tool for understanding the law and its application in real-life situations. By examining the facts, legal issues, arguments, and court decisions of these cases, individuals can develop a deeper appreciation for the complexities of the legal system. So, let’s embark on this journey together and explore the fascinating world of legal case studies!

Understanding the Practical Application of Case Studies in Real Life Scenarios

In the realm of law, case studies play a crucial role in understanding and analyzing legal scenarios. A case study is a detailed examination of a particular legal case or situation, which serves as a valuable tool for lawyers, law students, and anyone interested in understanding the practical application of law in real life.

1. Detailed Analysis: Case studies provide a comprehensive analysis of legal issues, facts, parties involved, and the reasoning behind court decisions. These studies offer a deeper understanding of the complexities and intricacies of legal cases by breaking them down into distinct elements.

2. Real-Life Scenarios: Case studies simulate real-life situations that legal professionals encounter in their practice. They present actual legal disputes that have been resolved by courts or settled through negotiations. This allows for a direct application of legal principles to real-world scenarios.

3. Legal Principles and Precedents: Case studies delve into the legal principles and precedents that have shaped the outcome of a particular case. By examining previous court decisions and legal doctrines, case studies help lawyers develop a deep understanding of the principles that guide the law.

4. Learning from Precedents: Precedent is a fundamental concept in the legal system, referring to previous court decisions that serve as binding authority for future cases. Case studies provide an opportunity to study and analyze precedents, allowing legal professionals to understand how courts have interpreted and applied the law in similar situations.

5. Problem-Solving Skills: Studying case studies enhances problem-solving skills by presenting complex legal issues that require critical thinking and analysis. Lawyers must identify relevant facts, assess legal arguments, and propose effective strategies to resolve the case. Case studies offer valuable practice in honing these skills.

6. Ethical Considerations: Case studies often explore ethical dilemmas faced by legal professionals. By examining the ethical implications of legal decisions and actions, case studies promote ethical awareness and encourage lawyers to make informed and morally sound choices in their practice.

7. Practical Application: Understanding legal case studies is essential for effectively applying legal concepts in real-life scenarios. By studying how the law has been applied in similar situations, lawyers can draw upon that knowledge to advocate for their clients, negotiate settlements, or develop strategies to prevent potential legal disputes.

In conclusion, grasping the significance of legal case studies is crucial for anyone involved in the legal field. They provide a detailed analysis of real-life legal scenarios, allowing for a deeper understanding of legal principles, precedents, and problem-solving skills. By immersing oneself in case studies, one can gain valuable insights into the practical application of law in various situations.

Analyzing a Legal Case Study: Key Steps and Considerations

Legal case studies are an essential tool used by legal professionals to analyze and understand real-life legal scenarios. These studies offer a detailed examination of the facts, the legal issues involved, and the outcome of a particular case. An in-depth analysis of a legal case study can provide valuable insights and guidance for both attorneys and potential clients.

It is important to approach the analysis of a legal case study in a systematic and methodical manner. The following steps and considerations should be taken into account when analyzing a legal case study:

• 1. Identify the Relevant Legal Issues: The first step in analyzing a legal case study is to identify the specific legal issues that arise from the facts of the case. These issues may include matters such as contract disputes, negligence claims, criminal charges, or constitutional questions. Clearly identifying the legal issues at hand will help focus the analysis and determine which areas of law are applicable.
• 2. Review the Facts: Carefully reviewing and understanding the facts of the case is crucial to conducting a comprehensive analysis. This involves examining the events leading up to the legal dispute, the actions of the parties involved, and any relevant documentation or evidence. The facts will serve as the foundation for applying legal principles and determining the strengths and weaknesses of each party’s position.
• 3. Research Applicable Laws: Once the legal issues and facts have been identified, it is important to research and understand the relevant laws that apply to the case. This involves reviewing statutes, regulations, case precedents, and legal doctrines that pertain to the specific areas of law involved. A thorough understanding of the applicable laws will provide a basis for evaluating the strength of each party’s arguments.
• 4. Analyze Precedent Cases: Examining relevant precedent cases can provide valuable guidance and insights when analyzing a legal case study. Precedent cases are court decisions that have addressed similar legal issues in the past and have established legal principles or guidelines. They can help predict how a court might rule in a similar situation, and assist in crafting persuasive arguments.
• 5. Evaluate Legal Arguments: After conducting thorough research and analysis, it is important to evaluate the strength of each party’s legal arguments. This involves assessing the credibility and relevance of the evidence presented, identifying any weaknesses or inconsistencies, and weighing the potential impact of legal precedents. Evaluating legal arguments requires careful reasoning and the consideration of various perspectives.
• 6. Consider Potential Outcomes: When analyzing a legal case study, it is important to consider the potential outcomes or consequences of different legal arguments. This involves assessing the likelihood of success for each party, considering the potential remedies or damages that may be awarded, and evaluating the impact on future legal precedents. Considering potential outcomes helps inform strategic decision-making and assists in determining the best course of action.
• 7. Seek Legal Advice: While analyzing a legal case study can provide valuable insights and guidance, it is important to consult with a qualified attorney for professional advice. A knowledgeable attorney can provide a deeper understanding of the legal issues involved, offer strategic advice, and help navigate the complexities of the legal system.

Analyzing a legal case study requires careful attention to detail, thorough research, and critical thinking. By following these key steps and considerations, one can gain a deeper understanding of real-life legal scenarios and make informed decisions based on sound legal principles.

Understanding the Mechanics of an In-Depth Case Study

In the world of law, legal case studies play a vital role in understanding the intricacies of real-life legal scenarios. These studies provide a comprehensive analysis of the mechanics involved in the resolution of complex legal disputes. Whether you are a law student, a legal professional, or simply interested in gaining a deeper understanding of the legal system, delving into the details of case studies can be an enlightening and educational experience.

What is a Legal Case Study?

A legal case study refers to an in-depth examination of a specific legal dispute, typically based on real-life scenarios. These studies aim to provide a detailed analysis of the legal issues at hand, the parties involved, the relevant laws and regulations, and ultimately, the outcome of the case. By dissecting the facts and circumstances of a case, legal case studies offer valuable insights into the application and interpretation of the law.

Why Study Legal Case Studies?

1. Learning from Precedents: Legal case studies help us understand how courts have interpreted and applied the law in previous cases. By analyzing past precedents, we can gain a better understanding of how legal principles are established and how they evolve over time.

2. Developing Analytical Skills: Studying legal case studies hones our ability to analyze complex situations, identify key legal issues, and evaluate different arguments. This analytical skillset is crucial for any legal professional, as it enables them to effectively navigate through complicated legal disputes.

3. Gaining Practical Knowledge: Case studies allow us to see how legal theories and concepts are put into practice. By examining the strategies and tactics employed by attorneys in real-life cases, we can gain practical knowledge that may prove valuable in our own legal endeavors.

4. Understanding Legal Processes: Legal case studies provide a behind-the-scenes look at the legal process. From the initial filing of a complaint to the final resolution of a case, these studies shed light on the various stages and procedures involved in legal proceedings.

The Mechanics of an In-Depth Case Study

When conducting an in-depth case study, several key components should be considered:

1. Factual Background: A thorough understanding of the facts surrounding the case is essential. This includes information about the parties involved, their relationships, and the events leading up to the legal dispute.

2. Legal Issues: Identifying the central legal issues is crucial. This involves analyzing the applicable laws and regulations and determining how they relate to the facts of the case.

3. Legal Analysis: A comprehensive legal analysis involves examining and interpreting relevant statutes, regulations, and precedents. This step helps establish the legal framework within which the case will be evaluated.

4. Arguments and Counterarguments: A critical aspect of an in-depth case study is evaluating the arguments put forth by each party. Understanding the strengths and weaknesses of these arguments allows for a more objective assessment of the case.

5. Outcome and Implications: Finally, analyzing the outcome of the case and its potential implications is essential. This includes considering the impact on future legal disputes and potential changes to existing laws or regulations.

As a seasoned attorney in the United States, I understand the value of staying up-to-date with legal case studies. Legal case studies provide an in-depth analysis of real-life legal scenarios, allowing attorneys and legal professionals to deepen their understanding of various areas of law and refine their legal strategies. In this article, I will reflect on the importance of staying informed about legal case studies and offer some suggestions on how to effectively utilize this valuable resource.

Legal case studies offer a unique opportunity to examine the application of law in real-world situations. They provide detailed accounts of actual legal disputes, including the facts, legal issues, arguments presented by both parties, and the final outcome. By studying these cases, attorneys can gain insights into the intricacies of legal reasoning and decision-making by judges and juries.

One of the key benefits of understanding legal case studies is the ability to learn from the successes and failures of others. By examining past cases, attorneys can identify effective legal strategies that have proven successful in similar situations. This knowledge can be applied to future cases, allowing attorneys to advocate more effectively for their clients and increase their chances of achieving a favorable outcome.

Furthermore, legal case studies serve as a valuable source of precedent. The decisions made in previous cases, especially those by higher courts, often establish legal principles that guide future rulings. By familiarizing themselves with relevant case law, attorneys can provide informed advice to their clients and craft persuasive arguments based on established legal principles.

Staying up-to-date on legal case studies is essential for any attorney seeking to provide high-quality legal representation. Here are some suggestions on how to effectively utilize this valuable resource:

1. Read Legal Journals and Publications: Legal journals and publications often publish analyses of significant legal cases. These articles provide expert insights and interpretation of the key issues and implications of the cases. Subscribing to reputable legal publications can ensure that you receive regular updates on new and noteworthy case studies.

2. Attend Continuing Legal Education (CLE) Programs: CLE programs are designed to help attorneys stay current with legal developments. Many CLE programs include sessions dedicated to analyzing recent case studies and their impact on specific areas of law. Attending these programs can provide valuable insights and allow for networking with other legal professionals.

3. Join Professional Associations: Professional associations, such as bar associations and specialized legal organizations, often offer resources and opportunities for attorneys to engage in case study discussions with peers. These associations may provide access to exclusive databases or discussion forums where attorneys can exchange ideas and insights on recent legal cases.

4. Utilize Online Legal Research Platforms: Online legal research platforms, such as LexisNexis and Westlaw, provide comprehensive databases of legal cases. These platforms allow attorneys to search for relevant case studies, filter results based on specific criteria, and access additional resources such as court opinions and secondary legal materials.

While legal case studies are an invaluable resource, it is important to exercise caution and verify the content presented. Not all sources may be reliable or accurately reflect the current state of the law. Attorneys should always cross-reference multiple sources and consult primary legal authorities to ensure the accuracy and currency of the information they rely upon.

In conclusion, staying informed about legal case studies is crucial for attorneys looking to expand their knowledge and refine their legal strategies. By studying real-life legal scenarios, attorneys can learn from the successes and failures of others, understand legal reasoning, identify effective strategies, and establish a solid foundation of case law precedent. By utilizing various resources such as legal publications, CLE programs, professional associations, and online research platforms, attorneys can stay up-to-date with the latest legal case studies and provide exceptional legal representation to their clients.

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Practice makes perfect

You have worked hard to win an assessment centre spot. You are close to your goal of securing a training contract. Don’t let it slip away.  

To make the most of this chance, you need to prepare effectively for the commercial case study exercise. Use our high-quality written and live practice case studies to practise and learn:

• In our live case study , you will take on the role of a trainee lawyer at the commercial law firm Young & Page. Your supervisor has sent you 15 pages of emails, internal memos and newspaper articles about a fictional pharmaceutical transaction. You have 45 minutes to review the documents and prepare answers to your supervisor’s questions before he gets back to the office.  
• In our written case study , you will provide commercial advice to a struggling clothing manufacturer. There’s a kick-off call in 45 minutes. You need to review their current business model based on 10 pages of memos, emails and charts. Then you need to draft your recommendations on the client’s strategy for your supervisor to present on the call.

Each mock case study provides a crucial opportunity for you to practice and learn. Just like mock exam papers, practising a mock case study is the best way to prepare yourself for your assessment centre.

We’ve seen dozens of real-life example case studies. Our founders are qualified lawyers who assess candidates on actual assessment days. As a result, the NCL Case Studies are the closest examples of the real thing.  

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Practice-Ready Licensing

Rethinking licensure.

This article is adapted from an article, “Enhancing the Validity and Fairness of Lawyer Licensing: Empirical Evidence Supporting Innovative Pathways ,” forthcoming in the Washington University Journal of Law & Policy .

Licensing systems aim to protect the public by excluding incompetent practitioners from the profession. The bar exams administered in the United States, however, fail to live up to that promise. Those exams do not assess candidates’ ability to counsel clients, interview witnesses, or negotiate with opponents. Nor do they require candidates to draft contracts, respond to discovery requests, or develop strategies for addressing client matters. The exams do not even require candidates to show their proficiency at legal research, an essential skill given the vast number of U.S. and foreign rules that will affect today’s clients.

In the United States, each jurisdiction (including states, territories, and the District of Columbia) sets its own rules for admitting candidates to the bar. Some of those jurisdictions have started to ask: What if the requirements for licensing more effectively measured the competencies that new lawyers need for practice? These jurisdictions are breaking the hold of the traditional bar exam, creating new ways to assess the competence of candidates for bar admission.

In this article, we describe the problems that plague the bar exam and the new avenues that jurisdictions have adopted or are exploring. We then present empirical evidence that one of these avenues—evaluating candidates during a period of postgraduate supervised practice—is a valid, feasible, and fair way to assess competence for law practice. This approach, the data shows, can benefit candidates, their employers, and the clients they serve.

What’s wrong with the bar exam?

The traditional bar exam falls short on three fronts: (1) It fails to assess the knowledge and skills that new lawyers most need to practice competently. (2) It imposes heavy financial burdens on both jurisdictions and test-takers. (3) Partly because of those financial burdens, the exam disproportionately excludes from the profession candidates of color, candidates with caretaking responsibilities, and candidates who live with disabilities.

Defining competence

The recent Building a Better Bar study offers a particularly persuasive picture of the competencies new lawyers need. That study convened 50 focus groups, some with new lawyers and some with supervisors, in 18 locations across the country. The lawyers described the competencies that new lawyers need, the mistakes they make, and the training that would help them avoid those mistakes. Analysis of transcripts from those sessions demonstrated that lawyering competence rests on 12 interlocking building blocks:

• The ability to act professionally and in accordance with the rules of professional conduct
• An understanding of legal processes and sources of law
• An understanding of threshold concepts in many subjects
• The ability to interpret legal materials
• The ability to interact effectively with clients
• The ability to identify legal issues
• The ability to conduct research
• The ability to communicate as a lawyer
• The ability to see the “big picture” of client matters
• The ability to manage a law-related workload responsibly
• The ability to cope with the stresses of legal practice
• The ability to pursue self-directed learning

Traditional bar exams measure fewer than half the competencies identified by research, and NCBE’s proposed NextGen exam will do little to address the problem. Instead, those exams focus on knowledge and skills that are unnecessary—and even harmful—for contemporary practice. They test knowledge of common-law rules that no longer govern client matters, require extensive memorization of legal rules, and prize rapid responses over reflection and deliberation.

Lawyers who participated in the Building a Better Bar study emphatically rejected these exam-based habits. New lawyers must look to contemporary statutes, regulations, and court decisions rather than common-law rules; they must check their knowledge from sources rather than relying on memory; and they must take time to reflect on client matters, seek input from others, and revise their written work. The slapdash responses demanded by the bar exam can produce mistakes in practice.

Traditional bar exams measure fewer than half the competencies identified by research, and NCBE’s proposed  NextGen exams  will do little to address the problem.

Practicing lawyers also criticized the static fact patterns that dominate bar exams. These questions do not test the candidates’ ability to explore a client’s varying goals, gather facts, or adapt to the changing circumstances of real-world representation. Nor do the exams require candidates to develop a holistic view of client problems. Bar exam questions focus candidates on narrow doctrinal issues, replicating law school exams rather than law practice.

These flawed exams are expensive for both jurisdictions and candidates. Each exam requires the development, editing, and pretesting of questions. Jurisdictions then pay steep fees to rent exam sites, compensate proctors, and arrange accommodations for test-takers with disabilities. California spends more than $5,600,000 per year to cover those costs alone. Grading, scaling, and equating the exams add still more to the tab.

The heaviest expenses, however, fall on candidates. They pay some of the exam development and administrative costs through exam fees, and they pay travel and lodging costs to stay near exam sites. Most burdensome, candidates purchase expensive bar-preparation courses and forego income while devoting 10 or more weeks to intensive study. The exams’ focus on excessive memorization and undue speed requires those expenditures: research demonstrates that candidates who do not—or cannot—assume bar-prep costs are more likely to fail the exam.

The bar exam’s expense disadvantages test-takers with limited financial means , as well as those with caretaking responsibilities . Educational loans, notably, do not cover bar-prep courses, exam fees, travel expenses, or the cost of living while studying for the exam. Unequal resources explain at least part of the race and gender gaps that characterize bar results. Bar exams sharply favor white test-takers over examinees of color and offer some advantage to male candidates . Jurisdictions rightly worry about this impediment to diversifying the profession.

Many candidates who live with disabilities also struggle with bar exam. Jurisdictions require them to submit expensive documentation to secure accommodations and often refuse accommodations that candidates have relied upon during law school. The fact that the exam is offered just twice a year imposes additional obstacles for candidates with chronic conditions, those with illnesses, and those who are pregnant or breastfeeding.

States, finally, set different passing scores for their exams—even though most administer the same Uniform Bar Examination . Research shows that higher passing scores dramatically reduce the diversity of lawyers in states with those scores, without increasing the competence of new lawyers. Economic advantage and freedom from caretaking exacerbate this unfairness: candidates who fail in one jurisdiction, but have sufficient financial resources and personal mobility to relocate, can move to a state where their score will allow them to practice law.

New avenues

In light of these flaws, several jurisdictions are exploring or adopting new ways to license lawyers. Starting in May, candidates for admission to the Oregon State Bar will be able to choose between taking the traditional bar exam and demonstrating their competence through a Supervised Practice Portfolio Examination (for more on this, see “Speaker’s Corner.” ) Candidates who choose the latter option will obtain provisional licenses, allowing them to practice under supervision. During their supervisory period they will compile portfolios consisting of written work product, assessments of client encounters, and appraisals of negotiations. Bar examiners will review redacted versions of this work to determine whether a candidate is competent to practice law.

The California State Bar has recommended that the California Supreme Court establish a pilot program for a similar licensing option. Task forces in several other states are exploring ways other than the traditional bar exam to measure lawyering competence. Updated information about those innovations, including licensing paths based upon experiential work in law school, is available from a website we maintain with other scholars.

Will [supervised-practice pathways] measure the skills and knowledge that new lawyers need?

Some lawyers wonder whether supervised-practice pathways will be valid, feasible, and fair. Will they measure the skills and knowledge that new lawyers need? Will practicing lawyers be willing to serve as supervisors? Will these programs generate new forms of bias and unfairness for applicants, which has been a problem in countries using articling and apprenticeships?

Supervised-practice pathways differ significantly from articling and other forms of apprenticeship. The pathways offer an option, not a mandate, which reduces both the demand for supervisors and the power that supervisors hold over candidates. Independent examiners provide a further check on supervisors’ power. Substantial research in medical workplaces, meanwhile, shows that it is possible to evaluate licensees fairly and rigorously as they work with patients; those studies offer detailed models for assessing lawyers. And we already have evidence, drawn from a study of New Hampshire-’s Daniel Webster program , that portfolio-licensed lawyers can outperform peers who pass a traditional bar exam. Our research adds to this evidence base.

The current study

We obtained access to a unique data set offering a first look at the validity, feasibility, and fairness of licensing systems that, like the one adopted in Oregon, assess candidates’ competence while they engage in postgraduate supervised practice. The data derives from participants in two California programs . The “Original Program” allows pandemic-era graduates to practice under supervision while waiting to pass the bar exam. The “Pathway Program” allows some individuals who narrowly failed the bar exam to become fully licensed after 300 hours of supervised practice. While working under supervision, candidates in both programs use provisional licenses that allow them to do most types of legal work.

Neither program completely parallels the licensing pathways that Oregon recently adopted and other states are considering. Candidates in the Original Program must still take the bar exam to gain full licenses, while those in the Pathway Program do not submit portfolios of work product to examiners for review. The programs, however, offer important insights into the competencies that can be assessed during supervised practice, as well as the feasibility and fairness of such programs.

In fall 2022, the California State Bar surveyed candidates and supervisors in both programs, as well as candidates who were eligible for the Pathway Program but did not participate. Those surveys generated the data we analyze in this article. The survey responses offer strong evidence that practicing lawyers are willing to supervise candidates for bar admission; that workplaces have sufficient training and mentoring systems in place to support those programs; that candidates find supervised-practice placements fair; that supervised practice assesses a greater range of knowledge and skills than the bar exam; and that innovative licensing paths expand client service—including to clients who currently lack access to justice.  

The California State Bar surveyed three populations: (1) 1,585 candidates who had received provisional licenses, (2) 1,393 supervisors of those candidates, and (3) 1,154 candidates who were eligible for the state’s Pathway Program but did not participate. Survey links were emailed to all population members in October 2022.

Response rates exceeded survey standards for all three groups: 47.8 percent for candidates holding provisional licenses, 32.0 percent for supervisors, and 47.2 percent for individuals who were eligible for the Pathway Program but did not participate. The California State Bar collected all responses in a deidentified database that was given to us for analysis. State bar staff did not participate in our analyses, and the views in this article do not reflect the perspectives of the state bar.

Key findings

Benefitting employers: feasibility.

Supervised-practice licensing systems are feasible only if practicing lawyers are willing to supervise candidates working toward their licenses. In California, almost 1,400 licensed lawyers stepped forward to supervise candidates with provisional licenses. That number of volunteers is particularly impressive because the program was new, and the state bar offered no incentives or support for participation. Survey responses, moreover, suggest that many of these volunteers are willing to make an ongoing commitment. More than two-thirds of supervisors (70.6 percent) indicated that they were willing to continue supervising candidates, and another 16.5 percent were open to that possibility.

Survey respondents backed up this commitment by pointing to many benefits of working with candidates holding provisional licenses. Supervisors were satisfied with their candidates’ work and thought their candidates were especially hardworking. This competence and work ethic allowed organizations to serve more clients: almost nine-tenths of supervisors (86.8 percent) reported expanding their client base with the help of supervised-practice candidates.

Supervisors also applauded the diversity that candidates brought to their practice teams. The candidates were more demographically diverse than recently licensed lawyers, and some possessed unusual life experiences or training. That diversity allowed organizations to enhance service to existing clients, tap new client bases, and even explore new practice areas.

Employer benefits

“The work product of the [candidate] was superior to other ‘full’ attorneys because he would put more time and effort into preparing his cases.” —Private Practitioner

“[Candidates with provisional licenses] allowed us to provide pro bono full representation to clients, whereas we would have only had the resources to provide them with advice.” —Legal Aid Supervisor

“[Our candidate] increased the diversity of our firm’s attorney staffing, which was badly needed. She also bridges our firm to new client groups . . . and is a notable client referral source. Our firm is monetarily better off, and her underserved community has greater access to much needed legal referrals.” —Law Firm Partner

“Being able to offer guidance and support to my [candidate] was personally and professionally rewarding and just made me feel good to be able to share knowledge and help her grow professionally.” —Solo Practitioner

California’s provisional licensing programs, finally, complemented employers’ hiring practices. The programs were attractive to candidates, which gave organizations an advantage when recruiting in a tight labor market. At the same time, the programs allowed organizations to give candidates a trial run before committing to a full-time position. During that trial period, candidates did not need time off to study for the bar exam; they could devote all their attention to learning the employer’s practices and serving clients.  

Most organizations already provided supervision and training to newly licensed lawyers; they were able to use that infrastructure to provide oversight and feedback for candidates with provisional licenses.

Supervisors reported obtaining these benefits with few costs. More than two-thirds of supervisors experienced no problem “at all” from candidates making mistakes, and just 4.4 percent reported that mistakes concerned them to a “great extent.” Similarly, few employers found the supervision and training of candidates burdensome. Most organizations already provided supervision and training to newly licensed lawyers; they were able to use that infrastructure to provide oversight and feedback for candidates with provisional licenses. Many supervisors shared the sentiment of a government lawyer who commented: “This program is rare in that I cannot identify one downside as it was administered in my office.”

Benefiting candidates: Fairness

Some stakeholders worry that bias and old boy networks could disadvantage women and people of color in finding supervisors or succeeding in supervised-practice pathways. Just the opposite was true in California’s programs. Women and people of color were significantly more likely than white men to participate in the Pathway Program, and they were slightly more successful than white men in completing the program and earning full licenses. 

First-generation college graduates, individuals living with disabilities, and individuals who identified as LGBTQIA+ also succeeded as candidates. We found no significant difference in success rates for these groups compared with other candidates. Nor did satisfaction ratings differ by race/ethnicity, gender, first-generation status, disability, or sexual orientation. Members of all groups expressed very high degrees of satisfaction with supervised practice. Indeed, respondents from historically disadvantaged groups offered eloquent comments about the importance of the supervised-practice program to them, their families, and their professional careers. Some supervisors volunteered similar observations.

More inclusive licensing

“I am a first generation BIPOC law student with a disability. As a single parent . . . I do not have the luxury of not earning money for months while I study for the bar.” —Candidate

“My [candidate] was exceptionally qualified and was having trouble passing the bar because her first language was not English. She was better than at least 50 percent of attorneys practicing who have passed the bar.” —Law Firm Partner

“The alternative pathway to licensure substantially improved almost every aspect of life. It allowed me to rediscover a sense of purpose and dignity, and to gain additional skills, knowledge and insights that could not have otherwise been achieved without this opportunity.” —Candidate Living with a Disability

“I know of two women of color from low-income backgrounds who qualified and succeed[ed] under the program. Our bar will benefit from their admission. Both had given up and moved on and otherwise would have left the profession.” —Nonprofit Director

Some candidates (9.7 percent) reported experiencing harassment or discrimination while engaged in supervised practice, but most of them characterized the challenges from this negative treatment as “small” or “moderate.” More important, candidates who reported discrimination or harassment were just as likely as other candidates to succeed in the programs. They also reported the same levels of satisfaction as candidates who did not report any negative treatment. Some candidates noted that the discrimination or harassment they experienced in the programs was no greater than what they endured in other contexts and that the programs, on balance, “countered” discrimination by allowing them to establish their competence and serve clients.

Stakeholders also worry that supervised-practice programs could force candidates to work without pay or accept low-paying positions. Almost all (93.6 percent) of the candidates in California’s Original Program, however, received compensation. Two-fifths of supervisors (39.4 percent) reported paying those candidates the same salaries as they paid newly licensed lawyers; 37.4 percent paid the same wages given to unlicensed law graduates; 14.4 percent paid paralegal wages; and 8.4 percent paid law student rates. These numbers suggest that programs allowing candidates to substitute supervised practice for the written bar exam may benefit both candidates and employers financially. Candidates will save the heavy expenses of bar preparation (including 10 weeks of foregone income), while employers have the option of modestly discounting entry-level salaries during the licensing period. Jurisdictions, meanwhile, can ensure that employers don’t discount salaries too heavily by requiring that employers pay candidates at least as much as they pay other law graduates who have not yet passed the bar exam.

Benefiting clients: A more valid measure of competence

The California data confirms that supervised-practice programs can assess more knowledge and skills than the traditional bar exam. More than three-quarters of candidates reported that they used key skills that are not tested on the bar exam. The prevalence of these skills in the first months of law practice demonstrates both the need to assess candidates’ competence in performing them and the possibility of assessing them during a period of supervised practice.

Percentage of licensees exercising skills

Jurisdictions can readily incorporate each of these skills into their portfolio requirements. For the small number of candidates who are not able to exercise these skills in their supervised-practice settings, jurisdictions can follow Oregon’s lead and create simulations for candidates to use in developing and demonstrating missing skills. While the traditional bar exam fails to test essential lawyering skills like research, counseling, and client communication, supervised-practice pathways will protect clients by rigorously assessing these critical competencies.

The California data confirms that supervised-practice programs can assess more knowledge and skills than the traditional bar exam.

California’s survey responses offer similar reassurance about the scope of doctrinal knowledge that can be assessed through supervised practice. Candidates reported drawing upon an average of 5.5 doctrinal areas in their practice, with a quarter of them listing eight or more subject areas. Even candidates who focused on a particular practice area, such as criminal law or personal injury work, drew upon concepts from a range of subjects.

Candidates did not work in every subject area that they might pursue as lawyers, so a licensing system based on supervised practice could not assess their knowledge in all fields. This, however, is also true of traditional bar exams. Those exams assess knowledge in just eight to 12 doctrinal areas, with a heavy emphasis on common-law rules. The California data demonstrates just how narrow the bar exam is: almost nine-tenths of candidates reported using knowledge from subjects that are not tested on the bar exam, and more than a fifth reported practicing in four or more subjects that do not appear on the bar exam.

“Our [candidate],” one law firm partner wrote, “has been the best ‘associate’ that we have had at our firm, better than associates that have passed the bar exam.”

Supervised practice, in other words, may be more effective than the bar exam at testing candidates’ knowledge in areas of contemporary practice. Those areas include critical fields like immigration, intellectual property, arbitration, tax, employment law, and dozens of other areas that are not tested on the bar exam. Licensing systems rooted in supervised practice, moreover, will adapt naturally to changes of focus in entry-level practice.  

What about candidates who work in one field during supervised practice and then, after receiving a full license, switch to another practice area? Will those lawyers endanger clients? Once again, the same question applies to lawyers licensed through the bar exam. They are allowed to practice environmental law, international tax, admiralty, and any other subject. Supervised-practice pathways, like the bar exam, assume that professionals who have demonstrated their competence in some areas of practice are able to transfer their skills to other areas and learn the doctrinal rules of those new subjects.

The California survey did not ask supervisors to compare candidates to attorneys who had passed the bar exam, but some did so spontaneously. “Our [candidate],” one law firm partner wrote, “has been the best ‘associate’ that we have had at our firm, better than associates that have passed the bar exam.” Other supervisors noted that candidates gained “on the job training,” experience “dealing with clients,” and “more applicable knowledge” than peers who had passed the bar exam.

Practice-ready lawyers

“By participating in the actual practice of law, rather than memorization techniques for three months as with the current Bar Exam setup, these new attorneys learn more, focus on what is expected of them in the profession, and can hit the ground running faster when licensed as compared to those who have just passed a test.” —Law Firm Partner

“The ability to issue spot with a live person by asking the right questions and having the right ‘bedside manner’ is quite different from picking apart a written set of facts.” —Candidate

“Much of what we do is not even covered on the bar exam. In my experience, competence on the job is a greater predictor of success than bar passage.” —Legal Aid Supervisor

“The practical application of the law is what truly changes your view and understanding of the complexity of the law itself.” —Candidate

Finally, our research suggests that supervised-practice licensing paths can expand access to justice. In the California programs, more than a fifth (22.2 percent) of licensees worked for legal aid, public defenders, or other public-interest employers. They were able to represent disadvantaged clients immediately, without waiting to take and pass the bar exam. As one provisional licensee noted, “I am working as a first-generation lawyer in a legal aid office.  I have already put in 3,000 hours of direct community lawyering in a domestic violence clinic and doing housing rights advocacy.” Public-interest employers expressed similar enthusiasm for supervised practice. “The provisional licensees I supervised were highly competent legal advocates,” a legal aid attorney wrote, “passionate about serving low-income clients, and expanded the availability of legal services in underserved portions of rural California.” 

Building on the data

Data from California’s supervised-practice programs suggests that these programs offer a promising pathway for licensing lawyers. Practicing lawyers are willing to supervise candidates, and their organizations benefit from the candidates’ work. Supervised-practice paths lower expenses for law graduates and open the profession to candidates who can more readily demonstrate their competence in practice than on a traditional exam. Most important, supervised-practice paths allow jurisdictions to protect clients by using a more comprehensive and rigorous assessment process that encompasses a fuller range of skills and contemporary doctrine than the bar exam measures.

California’s current programs, though, are just the beginning. Jurisdictions can build on those programs—as Oregon has done—to increase their feasibility, fairness, and validity. Law schools and bar associations can help connect candidates with willing supervisors. Bar associations might offer training to supervisors who want to enhance their supervisory skills. Regulations can prevent economic exploitation of candidates, and an ombudsperson can aid candidates who encounter problematic treatment. Lastly, candidates can compile portfolios of redacted work product that they submit to bar examiners for review. Measures like these will develop a rigorous, inclusive licensing system that benefits employers, candidates, clients, and the public.

A team of highly regarded psychometricians once wrote : “The time-honored way to find out whether a person can perform a task is to have the person try to perform the task.” State courts and bar examiners are starting to heed that advice, seeking more authentic ways to assess the competence of aspiring lawyers. Our research shows that licensing systems rooted in supervised practice offer a valid, feasible, and fair avenue for measuring the knowledge and skills that lawyers need to serve contemporary clients effectively. As jurisdictions explore those options, we hope that they will add to this research base. Research can point the way to licensing systems that increase both the competence and inclusiveness of our profession.

Questions for further research

The data from California supports further exploration of licensing pathways rooted in postgraduate supervised practice. As jurisdictions develop those programs, additional research should address questions like these:

• How can jurisdictions create reliable systems for portfolio review?
• How will the costs of reviewing portfolios compare with the costs of preparing, administering, and grading exams?
• How does the performance of lawyers licensed through supervised practice compare with the performance of those who pass the traditional exam?
• How does the inclusiveness and equity of supervised-practice pathways compare with the traditional bar exam?

Deborah Jones Merritt is Distinguished University Professor and John Deaver Drinko-Baker & Hostetler Chair in Law Emerita at Moritz College of Law, the Ohio State University.

Andrea Anne Curcio is Professor of Law at Georgia State University College of Law.

Eileen Kaufman is Professor of Law at Touro Law Center.

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The Journal of Appellate Practice and Process Publishes Winter 2024 Issue

The University of Arizona James E Rogers College of Law and the National Institute for Trial Advocacy (NITA) have released the Winter 2024 issue of the Journal of Appellate Practice and Process (Volume 24, Issue 1). The issue features articles related to judicial behavior and its impact on the practice of law and precedent.   

Assistant Director of Legal Writing and Clinical Professor of Law Tessa L. Dysart , who serves as the Journal Editor-in-Chief and contributor said, “This issue focuses on an important participant in our system of government—judges and judicial behavior that impacts the practice of law and precedent. It also continues the important conversation started in the Summer 2023 issue about the role and future of the Court of Appeals for the Armed Forces. We are honored to help facilitate scholarly discussion on these issues.”  

The issue opens with a look at how gaps in judicial misconduct cases could potentially be filled by more regular recording of judges in state court, before moving onto articles that address the distinction between final decisions and final judgments; examine a fascinating constitutional crisis in Montana that led to a showdown between the state legislature and the state supreme court; and respond to a call in the Summer 2023 issue for terminating the United States Court of Appeals for the Armed Forces. A review on a legal biography about a veteran appellate attorney in the New Jersey Attorney General’s office who had the once-in-a-lifetime opportunity to handle a case before the United States Supreme Court rounds out the Winter issue.    

The issue’s contributors are Sarah M. R. Cravens , Washington and Lee University School of Law; Gregory R. Hargis , Ozarks Coca-Cola/Dr Pepper Bottling Company; Bryan Lammon , University of Toledo College of Law; Anders K. Newbury , formerly of the Montana Supreme Court; and Tessa L. Dysart , University of Arizona Law.  

To access the Winter 2024 issue click here .   

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The Gambia is debating whether to repeal its ban on female genital mutilation

Opponents of the ban on female genital mutilation (FGM) gather outside the National Assembly in Banjul, The Gambia, on March 18, 2024. Lawmakers voted to advance a highly controversial bill that would lift the ban on FGM. Muhamadou Bittaye/AFP via Getty Images hide caption

Opponents of the ban on female genital mutilation (FGM) gather outside the National Assembly in Banjul, The Gambia, on March 18, 2024. Lawmakers voted to advance a highly controversial bill that would lift the ban on FGM.

As more and more countries outlaw the practice of female genital mutilation (FGM), The Gambia could become the first country in the world to overturn such a ban.

The country's National Assembly advanced a bill on March 18 that would repeal the 2015 law criminalizing all acts of FGM. That prospect has alarmed health and human rights activists in The Gambia and worldwide.

"This is pushback against women's rights," says Nimco Ali, an FGM survivor and co-founder of the Five Foundation . "As soon as we make progress toward equality, the religious right comes together."

According to a United Nations report released earlier this month, over 230 million girls and women have survived FGM and live with its lasting effects. The practice of cutting, altering or injuring female genitalia for non-medical reasons presents serious, potentially fatal health risks to young girls and women.

"Beyond excruciating pain and severe bleeding, long-term physical and psychological damage can result from the procedure, including infection, infertility and post-traumatic stress disorder," the U.N. report says, as well as "childbearing complications, including postpartum hemorrhage, stillbirth and infant mortality."

The campaign to repeal The Gambia's ban on FGM speaks to how deeply entrenched a custom it remains there, as well as in a number of other countries in Africa, Asia and the Middle East. Female genital mutilation is often regarded as a mandatory rite of passage, a prerequisite for marriage or even a religious requirement.

"Respected Islamic leaders have refuted such links and justifications," says Ali. "But if more people become persuaded that there is a religious justification, more people from the religious right will also be attracted."

"FGM is not in the Koran," says Wisal Ahmed, who manages the program on the elimination of FGM run by UNFPA, the U.N. sexual and reproductive health agency, and the United Nations Children's Fund (UNICEF). "It is not in any of the holy books. We have many resources from several U.N. agencies about de-linking religion and FGM and answering religious issues."

The debate over FGM has divided The Gambia for months, with hundreds gathering to protest outside parliament. Here, anti-FGM protestors demonstrate at the National Assembly session on March 18. MUHAMADOU BITTAYE/Muhamadou Bittaye/AFP via Getty Images hide caption

The debate over FGM has divided The Gambia for months, with hundreds gathering to protest outside parliament. Here, anti-FGM protestors demonstrate at the National Assembly session on March 18.

A growing backlash

The full Gambian National Assembly would still have to approve any repeal of the ban, which stays in effect in the meantime.

The push to roll it back flared up in August 2023, when three women became the first Gambians to be fined for performing FGM.

"Islamic cleric Imam Abdoulie Fatty, who believes that FGM is prescribed by Islam, found that outrageous," says Rose Sarr, The Gambia representative for UNFPA. "[He] led a delegation to the women's village and paid their fines."

The movement to repeal the ban picked up steam from there over the following years. "We had hoped that because the ban has the support of so many young people and Gambians that the Assembly would not have voted this way," says Ali. "The President had given assurances that this bill would not go through, but unfortunately he reneged on that."

Sarr notes that The Gambia's Speaker of the House opposes repealing the ban, and says the anti-FGM law is "here to stay." Lawmakers will decide its fate at the next Assembly session in June.

If the ban were to be repealed, activists worry that it could lead to the further erosion of women's rights.

"There is more to come in Gambia," says Ali. "The Imam has stated that once the ban is repealed, then the next [goal] will be to repeal laws against child marriage."

Sarr says the ripple effects of repealing the ban could go far beyond The Gambia.

"We are afraid that this will cause a spill-over effect in other countries and around the world," Sarr said.

Ali says her organization is working to pass an anti-FGM law in Sierra Leone.

"That has been difficult," she says. "If the repeal in Gambia goes forward, there is no hope for that."

Seeking solutions

Changing deeply-held traditions around female genital mutilation is a complicated process, says Ahmed.

"Every community has different beliefs, and so one intervention does not work for all settings," she says.

"For [many cultures], FGM is associated with the marriageability of their daughter, of their remaining pure and virginal. But it is a misconception ... You have to adapt to each community or culture and it takes time to progress and have an impact."

The support of boys and men will be crucial in ending FGM, says Sarr, adding that the community projects her program works with reinforce that message.

"[Males] can support the women and fight and stop the practice in the current and next generation. We will count on them to help fight for the women," she says.

Ali and others activists say FGM is ultimately a matter of human rights. The vast majority of FGM survivors did not consent to undergoing the practice – most are well below the age of consent, generally between infancy and adolescence.

"FGM is a form of violence, a horrific form of gender-based violence," says Ali. "I say this as an FGM survivor, having undergone this as a 7-year old. The physical, psychological and emotional scars left by this experience cannot be undone. We have the right to not be harmed."

Diane Cole writes for many publications, including The Wall Street Journal and The Washington Post. She is the author of the memoir After Great Pain: A New Life Emerges. Her website is DianeJoyceCole.com .

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About Harvard Law Case Studies

Case studies at harvard law school.

"[In 2004], Harvard Law School embarked on a major curricular review aimed at determining what changes might help us to prepare our students even more effectively for the complex global challenges of this new millennium."

--Supreme Court Justice and former HLS Dean Elena Kagan, 2007

One of the major initiatives that came out of this review was the Problem Solving Workshop, a required first-year program aimed at practical lawyering skills. View this short video about the Problem-Solving Workshop:

Harvard’s curricular review in 2004 challenged the accepted way of teaching law. In 2007, HLS Dean Martha Minow and Professor Todd Rakoff published these findings, "A Case for Another Case Method," in the Vanderbilt Law Review.

The Langdellian case method , which focused on "a retrospective view of facts," was falling short in teaching critical problem solving skills. What law school needed, according to Minow and Rakoff, was a new way to simulate “legal imagination.”

Minow and Rakoff wrote: "What [students] most crucially lack ... is the ability to generate the multiple characterizations, multiple versions, multiple pathways, and multiple solutions, to which they could apply their very well-honed analytic skills."

To that end, Harvard Law School instituted the Problem Solving Workshop, a required first-year course that teaches problem solving skills through the case study method . The Problem Solving Workshop encourages the use of case studies throughout the HLS curriculum.

Now, several faculty initiatives produce case studies at Harvard Law School.  

The Case Development Initiative 

The Case Development Initiative   creates case studies for J.D. and Executive Education classes. HLS faculty use case studies to teach a variety of legal topics, including career dilemmas that lawyers face and management issues that law firms and professional service firms experience. These case studies expose participants to real-world problems that lawyers and firm leaders confront, and help them work through possible approaches and solutions. CDI was founded by Professor Ashish Nanda and is now directed by Dr. Lisa Rohrer.

Great for: discussion-based case studies, law and business, management , professional development

Sample Teaching Units: Professional Development for In-House Counsel , Professional Development for Law Firms , Leadership

Additional Information:   The Case Development Initiative at Harvard Law School

Harvard Negotiation and Mediation Clinical Program

The Harvard Negotiation and Mediation Clinical Program , directed by Professor Robert Bordone , developed several role plays for an advanced negotiation workshop at HLS. The course, Multiparty Negotiation, Group Decision Making, and Teams , enables students to participate in and conduct complex, multiparty negotiations. "Lawyers and other professionals, irrespective of their specialty, find themselves party to negotiations with multiple (more than two) principals all the time," explains Bordone. "This course combines theory and practice to give students an opportunity to hone their skills in multiparty settings."  Students work in teams to address complex, global, and professional issues. The advanced workshop integrates intellectual and experiential learning by combining readings, lectures, and discussions with frequent exercises, extensive review, live and filmed examples, individual and small group reviews, and analysis of the negotiation process and the process of learning from experience.

Great for: role plays, multiparty negotiation, DVDs , mediation

Sample Teaching Units: Critical Decisions in Negotiation

Program on Negotiation 

Program on Negotiation materials use real events or fictionalized versions of events to teach negotiation and mediation theory, issues, and practice. These materials can take the form of a discussion exercise, a role playing game, a dilemma-based case study, or a factual account of a negotiation event. Events and historical contexts, such as the rise of organized labor in the United States, the conflict between Catholics and Protestants in Northern Ireland, and the history of Zionists and Arabs in the Middle East, catalyze discussion and debate on negotiation and dispute resolution.

Great for: role plays, historical case studies, negotiation, value-based conflict resolution, water rights and environmental management, examples of Great Negotiators

Sample Teaching Units: Mediating Value-Based Conflict

Problem Solving Workshop 

Problem Solving Workshop materials immerse students in the type of real-world problems faced every day by practicing lawyers. The case studies present the problem at hand and provide readings on related theory, excerpts of relevant law, and other illustrative documents, such as contracts and leases. Students complete team assignments and exercises that include tasks such as drafting a press release as general counsel of a toy company in trouble; determining, as an associate at a law firm, the possible actions open to a client facing a harassment change from a tenant; or deciding, as a new Assistant U.S. Attorney in New York, whether—and how—to charge someone with Section 8 housing fraud. Professors   Todd Rakoff   and   Joseph Singer lead the PSW teaching group, which develops new materials yearly.

Great for: workshop-based case studies , 1Ls, J.D. programs, lawyering, problem solving , free materials

Sample Teaching Units: Problem Solving Workshop , Advanced Problem Solving Workshop: Cyberlaw, Intellectual Property, and Internet & Society

Additional Information: Information Law and Policy: Advanced Problem Solving Workshop

Case Studies Program 

The Case Studies Program supports additional HLS faculty in developing case studies.

Great for:  discussion-based case studies

Sample Teaching Units:  Decision Making and Leadership in the Public Sector

Next:  The Case Study Teaching Method  >>

The Best Law Practice Management Software in 2024: Top Picks for Efficient Firm Operation

I n the dynamic landscape of legal practice, efficient management is vital. As a lawyer or administrator in a small law firm, you’re often confronted with the challenge of juggling multiple tasks and responsibilities. The best law practice management software of 2024 offers sophisticated solutions that streamline your operations, from client intake to billing. With a range of options available, selecting the right software can significantly enhance your firm's productivity and profitability.

The progression of legal technology has yielded powerful tools tailored for law firms of all sizes. Small law firms might find the versatility and cost-effectiveness of cloud-based platforms particularly beneficial. Features like time tracking, client and matter management, and integrated billing and accounting are designed to consolidate your workflow into a cohesive, user-friendly system. With these tools, you can focus more on delivering exceptional legal services and less on administrative burdens.

Choosing the ideal software for your firm is a matter of matching your specific needs with the right features. It's important to consider variables such as ease of use, customization, support, and scalability. Whether you're looking for a solution like CosmoLex with its all-in-one approach or a system that accommodates the nuances of your practice, there's a law practice management platform out there that fits the bill.

Analyzing Top Law Practice Management Software Features

In 2024, selecting the best law practice management software is critical for optimizing your firm's operations. Key features to look for include comprehensive case management, efficient time tracking and billing, robust document management, and more.

Case Management

Your law practice management software should streamline how you handle cases. Look for a system like Clio, which organizes all case details in one location, enabling easy access to information ranging from client communication to case documents.

Time Tracking and Billing

Efficient time tracking and accurate billing are indispensable. Solutions such as Smokeball integrate time tracking within your daily tasks and automate billing processes, reducing the time spent on manual entry.

Document Management

Document management capabilities should allow you to create, store, and organize legal documents with ease. Features like template automation and version control save valuable time and reduce errors.

Client Portal

A client portal is an essential feature for secure communication and document sharing with clients. It should provide clients with the ability to view the status of their case, access documents, and communicate with your firm directly.

Calendaring and Docketing

Precision in calendaring and docketing helps avoid missed deadlines. Seek features that synchronize with your team's calendars and offer reminders for critical dates and events.

Task Management

Task management tools keep your team coordinated. Your software should enable the setting up of tasks, delegation to team members, and monitoring progress to ensure nothing falls through the cracks.

Conflict Checking

To maintain ethical standards, conflict checking is a must-have feature. Your chosen software should be able to search through your records quickly to identify potential conflicts before they become an issue.

By focusing on these key features, you can ensure that your selection will greatly contribute to the efficiency and effectiveness of your legal practice operations.

Evaluating Software Providers

When selecting a law practice management software, it is vital to assess various factors such as market presence, customer support, security protocols, integration capabilities, and cost. This evaluation will help you choose a solution that aligns with your law firm's needs.

Market Leaders

Explore providers like Legalkart , recognized for their robust platforms tailored for legal professionals. By leveraging cutting-edge technology and expert legal knowledge, LegalKart simplifies complex legal processes for construction companies, contractors, and professionals. From contract drafting and compliance management to dispute resolution and licensing assistance, LegalKart provides end-to-end solutions to meet the diverse needs of construction projects.

With LegalKart, clients can access reliable legal guidance, mitigate risks, and ensure regulatory compliance, all from the convenience of an online platform. Whether it's navigating regulatory frameworks or resolving legal disputes, LegalKart empowers construction businesses to thrive in a dynamic and challenging industry landscape.

Gavel revolutionizes legal practice by offering automation solutions tailored to the unique needs of legal professionals. With Gavel, lawyers can streamline their workflows, freeing up valuable time to focus on higher-value tasks and providing enhanced services to a broader client base.

By harnessing automation, legal practitioners can create more efficient processes, manage their time effectively, and ultimately improve client satisfaction. Gavel empowers legal professionals to embrace innovation, maximize productivity, and elevate their practice to new heights.

Customer Support and Training

Effective training and support are essential for any law practice management software to be valuable. Providers should offer comprehensive training materials, tutorials, and responsive customer support to ensure a smooth transition and ongoing utilization of their software. Look for real user feedback on the ease of use and the quality of the support provided.

Security and Compliance

Security is non-negotiable and a high-priority concern for legal practice management. Your chosen software must adhere to industry standards for data protection and comply with legal regulations. Ensure the software has robust encryption, regular audits, and compliance with regulations such as GDPR or HIPAA, where applicable.

Integration Capability

The ability to seamlessly integrate with other tools and services is a significant feature of top providers. Software should support integration with email clients, accounting systems, and document storage solutions to streamline your workflow. Verify that the platforms you're considering can accommodate such integrations without compromising performance.

Cost Analysis

Lastly, conduct a cost-benefit analysis. While some providers may offer a range of features, consider whether the costs align with your firm's budget and needs. 

Key Insights on Law Practice Management Software

In your search for efficiency, the right law practice management software can transform your legal practice in 2024. It streamlines case management, enhances client communication, and ensures compliance with your industry's regulations.

By integrating features like document automation, time tracking, and billing, these tools can significantly increase productivity. When selecting software, prioritize security, user-friendliness, and customizability to perfectly align with your firm's needs.

Fennemore Craig Raids Denver Boutique Moye White for 50 Lawyers

By Tatyana Monnay

Fennemore Craig is hiring some 50 lawyers from Denver boutique Moye White, marking the likely end of the firm after nearly half a century.

The hires, which also include about 30 legal professionals, will see the majority of Moye White’s lawyers and staff head to Fennemore Craig. Moye White is expected to officially wind down its operations later this year, according to Fennemore CEO James Goodnow.

Arizona-founded Fennemore has been aggressively looking to grow. The firm acquired three smaller firms—in Sacramento, San Diego, and Seattle—in the first three months of the year.

Fennemore’s goal is to reach $200 million in annual gross revenue by 2025, Goodnow said in an interview. That would be a nearly 40% jump from the $143.2 million in gross revenue the firm reported for last year.

The new team is expected to boost Fennemore’s corporate transaction, litigation, and energy practice groups.

“They are strong in the areas where the Denver economy is booming,” Goodnow said. The additions “expand the firm’s offering for existing clients” and will help the firm diversify its practice areas to withstand turbulent demand.

Moye White is a full-service boutique whose lawyers have defended AT&T Corp. and gone up against Amazon Corp. in court. A small group of staffers is likely to handle winding down operations, Goodnow said.

Fennemore, meanwhile, is looking to continue to grow through lateral hires. The firm is not likely to do more large group hires or acquisitions for the rest of the year, Goodnow said.

To contact the reporter on this story: Tatyana Monnay at [email protected]

To contact the editors responsible for this story: Chris Opfer at [email protected] ; John Hughes at [email protected] ; Alessandra Rafferty at [email protected]

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