Hi I’ve done a few written exercises at ACs/online now and I’m always confused whether or not it is good practice to refer directly to clauses when you’re given an agreement or instead condense the information in the agreement in a structured way without directly referencing the clauses (as a means of not throwing legal agreement language at clients). Would appreciate any advice on this as I’ve done a mix between the two across the written exercises I’ve done!
Hey!
I would say that it really comes down to who you are writing to and what the exercise is testing. In most written exercises in an AC, if you are advising a client, it is usually better to prioritise writing in clear and plain English (i.e. what the clause does and why it matters commercially), rather than heavily referencing clause numbers. The assessors will often be looking at your ability to translate legal drafting into clear practical advice for clients.
However, I don't think there is anything wrong with briefly anchoring your point to the agreement were helpful (e.g. referring to the "termination clause") or being more precise if you are writing for someone internally.
I'd say a good balance is to explain the effect (+ any risks) in straightforward terms first, and then refer to the clause if it adds any clarity or helps identify it
