This will require you to use the IRAC methodology to logically identify the following information to the client:
all the legal issues that the client’s problem raises
all the relevant legal rules
an application of the rules to the facts of the problem
a conclusion that is correct in law and based on the forgoing analysis
Once a client is in possession of correct legal advice, they are able to make a decision in relation to their problem.
Students will be given a factual scenario to analyse. Students should then review the learning materials in order to identify the legal issues, or problems, that the scenario raises. These are issues of law, not fact. It is helpful to ask yourself whether these issues can be framed as ‘whether’ questions. There may be a number of issues, so list the most important ones first, followed by lesser sub-issues. If you do not identify all the relevant issues at this stage, you will lose marks at the analysis stage. Your analysis should apply the legal rules to the facts. This is an important stage, as it is an opportunity to demonstrate to the client how the legal rules relate to their particular situation – this is what the client wants to know, not a description of the law in general. The client also wants to know a short summary (conclusion) that is the result of the analysis.
