Please choose a current legal issue that interests you and describe how it affects/may affect the current legal market? (approx. 300 words max)

The Legal Services Act 2007 has enabled other service providers, such as the big four accountancy firms to have alternative business structures. They can offer clients help with law, tax and audit under one roof, offering a seamless service in a climate where client expectations are constantly changing. They are exploiting what Susskind describes as the “more for less problem” and this is of significant influence, as they are preparing for issues such as Brexit. KPMGs Global Brexit Centre of Excellence can help clients to manage their risks and opportunities globally.

Therefore, law firms must differentiate their offerings.

[Feedback: This question is aimed at testing the candidate’s commercial awareness and knowledge of the legal market. Law firms are looking for you to pick a contemporary issue to discuss, so you should avoid focusing your discussion on something older events. To succeed at answering these kinds of questions, your answer should be structured to include an introduction of the ‘current legal issue’, an analysis of how it impacts the legal market, and your explanation or theory as to how it may be mitigated or avoided.

The candidate selects the “more for less” issue for discussion, with a particular look at the Big Four accounting firms. This topic is commonly chosen by candidates. This is not to say that you may not discuss it in your applications; however, you should be aware that it will be harder for you to differentiate your answer from another candidate’s should you choose such topics. Typically, candidates discuss issues concerning the “more for less” issue, the Big Four versus traditional law firms, legal technology, Brexit, or the COVID-19 pandemic. Hence, if you choose one of these topics, you must ensure that your argument is unique and/or your analysis is especially detailed.

Broadly speaking, the candidate does well in introducing the legal issue. You should note the high level of detail in the answer. The candidate begins by citing a particular piece of legislation and then goes on to suggest the impact that this has had (enabling the Big Four to become so-called “one-stop-shops”). They continue their analysis by citing Susskind and drawing on a specific example of one of KPMG’s service offerings. They end with a final sentence that highlights the need for law firms to adapt accordingly. For this first paragraph, the level of detail and analysis is excellent. The candidate has succinctly introduced the legal issue and provided substantiating detail for their claims.

To improve this answer, the candidate’s writing could have been clearer. The last sentence in the first paragraph relating to KPMG does not flow naturally from the preceding sentence. The candidate could have aided the flow of their answer by writing ‘For example, KPMG’s […]’. On a related note, the candidate writes, as a standalone sentence, ‘Therefore, law firms must differentiate their offerings’. This should have been integrated with the first paragraph. We would suggest you avoid such disconnected one-sentence sections. They disrupt the flow of your answer and need to be connected with the main paragraph to ensure that each of your sections makes a complete argument.

Finally, the candidate should have proofread their work to ensure that they did not make any typographical errors. In the first paragraph’s final sentence, the candidate is missing an apostrophe when they write ‘KPMGs’. Although this may feel like a minor mistake, you should be aware that recruiters are increasingly likely to reject applications that contain such errors. Every year, more applicants are applying to law firms, so recruiters need to be stricter when it comes to filtering out application forms. Hence, you should proofread your work and use a spellchecker (such as Grammarly or Microsoft Word). You can even give your application to a family member or trusted friend to read over to check for mistakes.]

These providers are also investing into legal technology, which can be seen with EY’s acquisition of Riverview law. This is of significance, as this does not follow the billable hour model that is used in law firms. This means they can offer competitive pricing and compete with law firms, by delivering clients an efficient and cost- effective service. Due to this, the prices of legal services are being driven down and there is more competition within the market, where clients have the freedom to choose their provider. Law firms need to innovate to keep up with client demands and unlock new commercial opportunities.

[Feedback: This section discusses the Big Four’s use of legal technology. In essence, the candidate is elaborating on the ‘more for less’ issue they introduced in the previous paragraph. Broadly speaking, the candidate’s answer is strong. They cite a specific example to substantiate their claim (EY and Riverview Law) and go into substantial analysis concerning how legal technology drives down the cost of legal services that law firms must deal with.

You should note how the candidate structures their answer. Each sentence is relatively easy to understand and works to advance the candidate’s argument. You must remember that whilst the recruiter may be familiar with the topic you have chosen to discuss, this does not mean that they will make your argument for you. You should structure your argument clearly and ensure that the reader is guided through each step of it.

To improve this answer, the candidate could have provided some more detail with respect to their statement that ‘[l]aw firms need to innovate’. In the previous section, the candidate also mentioned that ‘law firms must differentiate their offerings’. However, the candidate has not provided any examples or suggestions as to how law firms could innovate or differentiate their offerings to compete with the Big Four.

You should remember that whilst the question does not demand your opinion, the recruiter will be assessing your critical thinking skills. Hence, you should give your opinion and suggest strategies. Even if you cannot go into your suggestions in detail, you can also cite real-world examples (which are, ideally, connected with the firm in question) that would suggest the success of your strategy.]

However, the big four have a limited practice area capacity and a mid-market focus. Therefore, firms such as Addleshaw Goddard can rely on their reputation to secure higher value work. Nevertheless, collaboration with alternative business structures, such as with Allen & Overy and Deloitte with their MarginMatrix will ensure that law firms can say relevant in this period of challenge.

[Feedback: This final paragraph makes a collection of points. The candidate attempts to evaluate the issue by suggesting that the problem’s magnitude is smaller than first thought as the Big Four are limited to mid-market work and specific practice areas. Then, the candidate suggests that Addleshaw Goddard could rely on its reputation to secure higher-value work. Finally, the candidate makes another point that law firms could collaborate with alternative business structures in order to maintain relevancy.

The candidate includes a variety of specific details, notably citing MarginMatrix. This is good, as it serves to demonstrate a degree of commercial awareness as well as more niche developments in the legal industry which are spearheaded by different firms.

To improve this answer, the candidate needed to develop their discussion further. Unfortunately, this paragraph is quite short and lacks sufficient argumentation. The candidate, by making several small points, spreads their analysis too thin, meaning their answer comes across as superficial. It is not particularly clear what the claim of this section is. Is the candidate arguing that the issue they have set out is not a problem purely on the basis of law firms’ respective reputations? Or is the candidate arguing that alternative business structures need to be adopted? If it is the latter, what kind of business structure and why?

The candidate may have been better off rewriting this paragraph and focusing it on how Addleshaw Goddard, in particular, could mitigate or adapt to the ‘more for less’ predicament they outlined above. You must remember to keep your answer well-structured. The aim is to introduce an issue, explain why it is an issue of note, and then argue how law firms (specifically, the firm in question) can overcome it. Do not try to cram in lots of small points – a scattergun approach will not properly address the question, and the recruiter will find your argument weaker than you intended.

Finally, the candidate needed to have been more careful with their writing to avoid errors. The candidate writes ‘the big four’; however, this should be capitalised as it is the name of a group of firms. Once again, these errors may seem minor, but they serve to undermine your answer. If your answer is not rejected off the back of typographical errors, the recruiter will certainly look less favourably on what may otherwise be a strong answer.]

Choose one of Addleshaw Goddard's practice areas or sectors and tell us about a major change in law or government policy that clients in that sector/practice area are facing and what opportunities that creates for us?

The recent EU-US Data Privacy Framework signifies a pivotal change in data law and is one major change in the law that will affect the firm's clients who deal with data. This framework was adopted by the European Commission on July 10, 2023, to address concerns about the effectiveness of the previous privacy shield. Notably, the UK-US data bridge, a part of the Data Protection Framework, came into effect on October 12th following the DSIT's announcement on September 21st.

As a result of this decision, organisations in the EU and the UK can now rely on the framework and data bridge to transfer personal data to recipients in the US who are registered under the Data Protection Framework.

This legal change brings significant advantages for clients involved in data exchange. The enhanced data protection provided by the framework, which includes necessary measures to safeguard personal information from unauthorised access, is amongst these benefits. Furthermore, clients dealing with data exchange will no longer be required to implement additional safeguards, such as standard contractual clauses, to ensure GDPR compliance. However, because of this change in the law, they must ensure that their existing Privacy shield certifications are brought up to date.

Addleshaw Goddard, renowned for its expertise in data protection and information law with a Band 1 ranking, stands to benefit from this legal shift. The firm's privacy lawyers are well-positioned to guide clients through these changes, offering tailored advice on compliance and ensuring that privacy obligations align with the new framework. This presents a prime opportunity for the firm to attract clients seeking specialised counsel, leading to increased billable work, heightened revenues, and increased profitability.

Feedback: Once again, the candidate does well to state their point from the outset. In general, the candidate provides well-structured and informed reasoning. They do well to focus on a specific and unique development in data law that is closely applicable to Addleshaw Goddard and its clients. In specifying the UK-US data bridge and the EU-US Data Privacy Framework, the candidate shows understanding of current developments and their direct relevance to Addleshaw Goddard’s data protection/information law practice. You should also note how the candidate concisely outlines the impacts of these changes (in that they simplify compliance processes for clients). Not only does the candidate show a strong grasp of the subject, but they also show an appreciation for the impact of legal developments on business strategy.

However, the candidate should have tied their reasoning to Addleshaw Goddard more closely. Had the candidate specified Addleshaw Goddard’s Band 1 capabilities and identified specific clients/matters, then their reasoning would be much more tailored to the firm. Addleshaw Goddard is not the only firm with strengths in data protection, so the candidate needed to be far more specific in this regard.

Please choose a current legal issue that interests you and describe how it affects/may affect the current legal market? (approx. 300 words max)

With the rise of digital technology, most valuable data is now stored digitally. In turn, cybercriminals have increasingly exploited this trend by targeting businesses’ digital sources for confidential information and intelligence. According to the SRA report, cybercrime was the most prevalent crime in 2017. Subsequently, this has been a key driver in the increased focus on cybersecurity, the protection of computer systems from being stolen, harmed or being compromised in a cyberattack. As the threat of cybersecurity is ever more imminent, this has, and can further impact the current legal market in various ways.

For example, this can pose as a business opportunity for law firms; in case of such breaches happening, businesses will require legal advice. Thus, law firms with a strong sector knowledge of technology and cybersecurity are likely to benefit. However, firms that lack in this specific sector may improve their position within the wider market by strengthening their practices by recruiting specialist lawyers or by investing in internal training.

However, as law firms have increasingly adopted legal technology, they have also become vulnerable to such cyberattacks. This can have significant economic impact: compensation for losing client data and reduction in productivity, thus loss of billable hours, can cause high immediate costs. Additionally, a cyberattack on a law firm can create reputational damage, leading to long-term loss of work. Therefore, firms need to ensure they have the appropriate softwares in place to make both client protection and self-preservation at the heart of their businesses.

[Feedback: This is a better answer.  The candidate has picked a topical issue which is one of the main threats to large businesses today. 

The answer is relatively clear and is divided into (1) introduction to issue, (2) business opportunity for law firms and (3) threat to law firms.  We like this structure.  To take the answer to the next level, we suggest that the candidate:

●      Identifies the specific practice areas which may benefit from this trend.  This demonstrates that you understand the work carried out by each practice area.  For example, Addleshaw Goddard’s commercial team (IP, data protection, GDPR support for breach of customer data), regulatory team and disputes team are all likely to be involved when acting for a client that has been the victim of a cyber attack

●      Provides examples of firms that have been affected.  DLA Piper suffered significant disruption in 2017 following a ransomware attack.  This demonstrates that you have done your research

●      Talks about likely future issues, such as insurers withdrawing coverage for cyber attacks because of a spike in claims.]

If you could introduce a new law what would it be and why? (250 words)

I would introduce mandatory vaccinations for all U.K. citizens. The legislation will increase GDP by: (1) improving the populations’ health; and (2) stimulating the pharmaceutical sector. 

[Feedback: Excellent start.  The candidate clearly states what the proposed law is and then signposts the two arguments that he will make in the following paragraphs.  We strongly recommend leading with the answer-first like this candidate where possible.] 

Mandatory vaccinations will improve all citizens’ immunology, increasing GDP. Illness contributes to approximately 141.4 million lost working days. Vaccinations will decrease the amount of sick leave taken, ensuring fewer hours are lost and workers operate at full productive capacity. With improved health, citizens will register higher on the Gross National Happiness index, indicating future productivity improvements. Though mandatory vaccinations may prove unpopular, in the long run, increases in GNH will offset lost political capital. Furthermore, a fall in vaccine preventable sickness will relieve strain on the NHS. These savings will be chanelled into another sector, such as education, forming a virtuous cycle by re-stimulating GNH.

[Feedback: The candidate deploys a succinct and punchy writing style to argue forcefully for his proposed law.  By weaving in statistics like the number of lost working days (presumably per year), the candidate demonstrates that he’s done his research.  This kind of quantification is a powerful way to make your point.

You should clearly define abbreviations before using them (e.g. “GNH”), but this is a very minor point in the context of an excellent paragraph.]

The law will shift-out the production and supply of vaccinations. Pharmaceutical manufacturers will benefit from increased revenues by reinvesting their increased volume of profit into research and development. With AstraZeneca, GlaxoSmithKline, and leading university research (ranking ~3rd globally for clinical trials), the U.K. is well-placed to benefit from an expanding pharmaceutical sector. Growing the industry will boost GDP, and allow technologies to be researched and transferred between sectors at a faster rate. Consequently, the U.K. will increase its patented pharmaceutical exports and have a technological advantage, which triggers a further increase in real output.

[Feedback: In this paragraph, the candidate applies a commercial lens to his answer and suggests what the commercial ramifications of mandatory vaccination are.  This illustrates his commercial awareness.  One small issue is the candidate’s assumption that increased revenues will lead to higher R&D.  This is arguably not the case - it could be towards increased dividends and shareholder buybacks instead.  This is fine in the context of the word limit, but you are setting yourself up for a devil's advocate style grilling at an interview when you make this kind of assumption in your application.]

Though politically provocative, the law’s benefits are objective. Improving GDP and citizens’ health are necessary to mitigate the pandemic induced recession and decline in public health.

[Feedback: Short and effective conclusion which summarises the argument. Very good.]

How is the legal landscape changing and what are the challenges facing Ashurst? (250 words max)*

As we enter this fourth industrial revolution which is dominated by technological advancements, the legal landscape is being affected by the increasing use of data as law firms continue to digitise their assets and operations. Ashurst faces challenges regarding cyber-security and data protection, especially with 48% of the top 150 law firms reporting data breaches since the GDPR came into force. With Ashurst’s creation of Ashurst Advance Digital, the firm will process increasing amounts of highly sensitive, strategic data of clients, resulting in Ashurst needing to meet stringent regulatory requirements. To overcome this challenge the firm must ensure they develop a robust cyber defence and GDPR compliance strategy to avoid data breaches.

[Feedback: This paragraph demonstrates some pertinent commercial awareness, and directly answers the question. Note, that the question has two parts: (1) how is the legal landscape changing, and (2) what are the challenges facing Ashurst. Although the way this candidate has structured their answer is fine, you may consider splitting up the question into two 125-answers, with one answering the former half of the question, and the other answering the latter.

When starting your paragraphs, try and lead with your answer and use the terms of the question. This ensures that you not only answer the question, but you also keep the reader engaged. Hence, this paragraph may have started like, ‘The legal landscape is being changed by the increasing use of data as law firms continue to digitise their assets and operations […]’.

A final key point is that the candidate, unprompted, suggests a solution to the challenge they have brought to light in their answer. This is excellent, and highlights the candidate’s critical thinking skills. This part of the answer could have been improved by drawing on some existing evidence: have a look for news articles or press releases relating to Ashurst and how they are trying to do what you have mentioned.]

Another way in which the legal landscape is being changed is with the introduction of stricter ESG regulations resulting in legal and financial risks for businesses which fail to comply. This presents a plethora of challenges for the firm’s office practice.. Ashurst will be pushed towards going paperless and adopting more environmentally sustainable working styles. Moreover, the outbreak of Covid-19 has exacerbated a shift in the legal industry towards virtual and remote working and Ashurst will face the challenge of managing this change over the next year.

[Feedback: First, again, be wary of typos such as in ‘challenges for the firm’s office practice..’ [underlining added]. Second, this paragraph is substantially shorter than the previous one – all parts of your answer, as far as possible, should be balanced, to show consistency and attention to detail. Furthermore, this answer comes in at approximately 200 words; considering that you have 250 words for these answers, we would suggest making every word count and using the space to its fullest.

This answer shows some awareness of key trends affecting the legal industry; however, unlike the last paragraph, it does not identify challenges for Ashurst specifically. Furthermore, there are several points crammed into one answer, which has resulted in a superficial discussion of each one. Try and stick to one point per paragraph and the PEE/AL structure.]

Please could you discuss a legal case that recently caught your attention. Why did this interest you and what were the implications? (300 words max) *

The EU Competition Commissions Statement of Objections against Amazon has caught my interest. In November, the Commission completed its investigation into Amazon’s practices in the online retail market. The Commission has found that the company has been acting anti-competitively by using independent sellers' data on the Marketplace platform to benefit their own position as a seller on the platform.

[Feedback: The candidate has chosen topic that meshes well with their previously stated interest in competition law and has painted a reasonably clear picture of the facts to the reader. However, the topic misses the mark because it is not technically a legal case. It is a preliminary view expressed by the European Commission, i.e., an executive organ. Strictly speaking, a legal case would have materialised if said view had been formalised as a Commission decision, and if said decision would have then had been challenged before a court, i.e., a legal organ. A legal case materialises when two (or more) parties bring a dispute before a court of law.

Within the modules EU Competition Law and Economics for Competition Law, I became interested in the growing trend of regulators clamping down on the activities of the world’s largest tech companies. Tech companies have been encouraged to grow exponentially in the past, as they have provided important innovations to goods and services in many markets. As such, they have been very beneficial for the world’s economy. However, there is now a growing concern that these companies, with their large financial reserves and access to consumer data, create unfair barriers to entry for start-ups and leverage their dominance to create competition dampening effects.

[Feedback: Although this paragraph showcases the candidate’s knowledge of the wider issues raised by their chosen topic, it does not serve to elucidate why they are interested in said topic. The candidate simply states that they are taking/ have taken modules that appear to be relevant but does not elaborate any further. Instead, they proceed to discuss “the growing trend of regulators clamping down on the activities of the world’s largest tech companies”. We would have liked to see an explicit discussion of how the modules cultivated the candidate’s interest in the competitive landscape surrounding tech companies (as opposed to e.g., supermarket chains). We would have also liked to see a brief exposition of something they learnt or did as part of the modules that would support any such claims.

This trend began, in part, after the introduction of the strict GDPR regimes introduced in 2018. Although an EU regulation, it has had global affects. As a consumer, I have become increasingly aware of the invaluable nature of personal information. Specifically, where companies like Google and Facebook are financially free to use for end consumers, our buying or using habits are shared with many third parties for revenue. So, if Amazon is forced to make all customer data freely available or Facebook is made to unwind its acquisitions, there will likely be an insurgence of similar interventions from regulators globally. It may also result in companies competing on the quality of privacy policies they have in place as opposed to traditional price competition.

[Feedback: The candidate expresses their ideas in a rather convoluted manner, which makes it difficult to follow their train of thought and discern their concrete view as to the implications of their chosen topic. For instance, it is unclear why the candidate believes Amazon would be forced to make all customer data freely available and by whom it would be forced to do so – the Commission did not state any such intentions as part of its preliminary view on the matter. As such, it does not clearly follow that there will be “an insurgence of similar interventions from regulators globally”. On the face of it, the last claim, i.e., that companies will compete on the quality of their privacy policies rather than on price, is rather outlandish. Given the lack of elaboration, it simply sounds as if the candidate were seeking to prove too much. Had they explained the thought behind the claim, it might have turned out to be a great point of analysis.

Note: the second sentence does not make grammatical sense, incorrect use of “affects” (instead of “effects”), awkward phrasing at “companies […] are financially free to use for end consumers”.

Osborne Clarke is renowned for working across core sectors that are at the cutting edge of innovation and driving transformation of our clients' businesses. Please describe a current business issue or opportunity for organisations operating within one of our sectors. Why is this topic of particular interest to you? 250 (248)

I became interested in the increasing importance of ESG whilst working on the due diligence for acquisitions at [redacted company]. I learned about the ESG-related concerns our clients faced, including how perceptions of the target company might impact their brand image and their standing with investors as well as potential regulatory issues. Osborne Clarke’s unique focus on decarbonisation as a discipline across sectors including energy and utilities, mobility, real estate and infrastructure makes this issue particularly relevant to the firm.

Feedback: The aim of this first paragraph looks good. The candidate states a topic of interest from the outset, before introducing a personalised example in support of this. Then, the candidate focuses on how their interest in ESG developed from their personal example. In turn, this highlights how the candidate has a genuine interest in ESG stemming from a specific personalised example. You should follow this candidate’s general approach in your writing. First, you should highlight a specific commercial issue relevant to Osborne Clarke’s practice areas and contextualise that issue in full. Then, you should introduce and explain a specific personalised example that shows how your interest in that subject developed over time. In turn, this will persuade the recruiter that you have a sustained interest in a topic relevant to Osborne Clarke’s business. 

That said, the candidate should have improved this paragraph by providing deeper context/explanation on the issue they raised. They assert a general interest in “ESG” without ever fully explaining what this is or how it ties in with one of Osborne Clarke’s sectors. “ESG” is not a commercial “issue” or “opportunity” in its own right. It is simply a metric by which investors decide where to invest their money. Here, the candidate simply asserts an interest in this metric without explaining how it is relevant to a sector that appeals to them. As such, the candidate’s analysis is currently quite weak. It does not demonstrate a full understanding of what ESG involves. Instead, the candidate should have explained (1) what this metric is and (2) how it has influenced trends in a specific sector of relevance to Osborne Clarke. This would have resulted in a higher-level analysis demonstrating the candidate’s full understanding of this area.

Similarly, the candidate’s linking sentence to Osborne Clarke is quite vague and untailored. First, decarbonisation is not a unique feature of Osborne Clarke (as the candidate claims). Many City law firms will have a decarbonisation focus or environmental strategy of some kind. Secondly, the candidate’s discussion is not specific enough. The candidate generalises that decarbonisation features across all of Osborne Clarke’s sectors, without ever explaining what they mean by this. Instead, the question asks you to pick out one sector and analyse it thoroughly. The candidate should have picked out one specific sector, before explaining how ESG has guided Osborne Clarke’s work in that area.

I have also been interested in an emerging anti-ESG backlash from some investors who see a conflict between ESG concerns and shareholder value. The "anti-ESG activist” Vivek Ramaswamy used his fund’s minority stake in Chevron to argue for increased oil production. He has also criticised management of Disney and Apple for adopting robust positions on DEI that he claimed were unrelated to their core business: Disney’s CEO vocally opposed Florida’s bill on parental rights in education (he has since been replaced, with his stance on the bill regarded by some commentators as an error of judgement); Apple sought to conduct a racial equity audit of its employees. Disney’s CEO has been.

Feedback: The candidate goes into a good level of detail here. First, you should note how the candidate backs up their analysis with specific examples and news stories. The candidate draws upon specific evidence from their wider reading, with inclusion of specific stories from major global investors and corporations. In turn, this helps demonstrate that the candidate has conducted wider research into the topic and can analyse it accordingly. Similarly, you should be just as specific in your own writing. You should identify a broad topic of interest (such as ESG), before honing in on specific examples to back up your interest. 

However, this paragraph is somewhat descriptive and lacking in purpose. The candidate spends much of this paragraph simply describing interesting news stories. We are given basic narrative details about Vivek Ramaswamy and his criticisms of Apple/Disney, but the candidate does not go any further than this. The candidate’s writing lacks critical analysis of any kind. In turn, it is unclear how this paragraph addresses the question. The recruiter is left questioning (1) why any of this interests the candidate personally and (2) how any of this relates to Osborne Clarke. In your own writing, you need to address the exact question being asked. If you write about ESG, you should identify a specific Osborne Clarke practice area influenced by ESG trends and explain (1) how that area is being impacted and (2) why that interests you.

The candidate’s writing is also quite unfocused. The candidate begins by talking about ESG in the context of oil consumption, before later discussing topics like parental rights and racial equity audits. This leaves it unclear exactly what interests the candidate about ESG. If you are going to write about a topic as broad as ESG, you should perhaps pick one metric out of environmental/social/governance and explain why that interests you. In a 250-word answer, you simply do not have enough space to cover all three.

A number of US state employees’ pension funds have become wary of prioritising ESG concerns over investment performance. Texas accused Blackrock and others of effectively boycotting fossil fuel companies. Some banks appear to be retreating from ESG commitments. HSBC is financing RWE’s new lignite mine in Germany despite having stated a reluctance to lend to fossil fuel projects.

Feedback: Again, the candidate does well to back up their writing with specific news articles and detailed examples. This demonstrates that the candidate has carried out a good level of research into ESG. In turn, this demonstrates that the candidate has a sustained interest in ESG backed up by wider reading and research.

As with the previous paragraphs, it is not clear how this paragraph answers the question. The candidate spends the paragraph describing trends amongst US pension funds, before suddenly jumping towards HSBC’s financing of a mine in Germany. The candidate never drills down on either of these examples, nor do they explain why each topic interests them. To avoid these issues, you should pick out just one topic/news article. You should then provide detailed,  in-depth analysis explaining their relevancy to Osborne Clarke and the reasons they interest you.

Exploring your topic in more detail, please outline the key legal issues and describe how Osborne Clarke could assist our clients in this space over the next 5 years. 250 (249)

Osborne Clarke’s combination of thought leadership and extensive experience in decarbonisation across relevant sectors positions the firm as a leading advisor on evolving ESG-related regulation.

Governments and regulators will certainly require advice. Companies will need help to navigate ever-stricter auditing standards relating to the claimed impact of their ESG measures, amid concerns about “greenwashing”.

Feedback: In continuation from the previous question, you now need to take the issue that interests you and explain how it is applicable to Osborne Clarke’s business. In that regard, this first paragraph has good intentions. The candidate states a clear point (namely that Osborne Clarke is a unique leader in ESG/decarbonisation), before identifying a specific subset of clients that would benefit from Osborne Clarke’s expertise. Then, the candidate provides some more insight into the general ESG trend and how it might challenge businesses. This results in a fairly coherent paragraph that generally addresses the question.

However, the central issue is that it is not specific enough to Osborne Clarke. First, Osborne Clarke is not the only commercial law firm with expertise in decarbonisation/ESG. Many City firms now boast expertise in decarbonisation/ESG, with many having specialised ESG lawyers and an impressive roster of ESG-focused companies and investment funds to boot. This means that the candidate’s writing is not truly focused on the question. The candidate needed to explain specifically what Osborne Clarke has done in relation to ESG/decarbonisation, before explaining how it could use that specific expertise to aid clients. In your own writing, you should base your analysis on specific strengths and deals/matters that Osborne Clarke has worked on. This will make your analysis as detailed and specific as it possibly can be.

Equally, the candidate’s analysis is quite generic. The candidate broadly discusses “governments and regulators”. However, the candidate never identifies specific governments/regulatory bodies that Osborne Clarke has worked with. Similarly, the candidate never specifies what “advice” these bodies will require. This is because the candidate immediately jumps towards “companies” before making generic assertions that they would need help with “stricter auditing standards”. The candidate never identifies a specific client/group of clients that Osborne Clarke works with, nor do they analyse specifically how Osborne Clarke can assist with these clients’ issues. In turn, this leaves the recruiter unconvinced that the candidate has fully grasped the question. In your own writing, you need to be as specific as possible. You should identify specific Osborne Clarke clients, before analysing how Osborne Clarke’s unique expertise/strengths can help clients navigate the trend you have identified previously.

Boards will need to understand how directors’ duties might be expanded, in the UK and internationally. Working at a German court, I learned about recent revisions to the German corporate governance codex, with local lawyers noting how ESG has developed from a factor in investment decision-making to an additional set of duties for directors of listed companies.

Feedback: As with the previous paragraph, the candidate offers a fair summary of a specific legal issue that clients face. Then, the candidate drills down on what they mean by this (by using a specific personalised example). This demonstrates that the candidate at least has a rudimentary understanding of the legal issues surrounding ESG.

However, this paragraph does not truly answer the question. It summarises a general area of interest to the candidate, but it does not explain (1) how this issue is relevant to Osborne Clarke’s clients specifically nor (2) how Osborne Clarke can help said clients navigate that issue. Indeed, most law firms will understand how directors’ duties work and how ESG trends might impact that element of the Companies Act 2006. This means that the candidate’s writing is not sufficiently geared towards Osborne Clarke’s clients.

The candidate’s writing is also quite speculative. They write about how directors duties “might” be expanded to include new ESG-related duties, but they never explain (1) what these duties might be nor (2) do they provide any specific evidence demonstrating a clear regulatory trend in support of this. In your own writing, you must back up any assertions you make with high-quality research and evidence. In turn, this will convince the recruiter that you have a high level of critical thinking skills.

Antitrust law may become less restrictive in certain cases following the COP 26 recommendations that regulators take into account sustainability-related efficiencies when considering proposed transactions.

Feedback:This paragraph is quite weak and could have been safely cut out, in favour of more meaningful analysis elsewhere. The candidate makes a generalised statement that antitrust law may become less restrictive, but never truly explains (1) how this would happen, (2) how that specifically relates to Osborne Clarke’s clients nor (3) how Osborne Clarke can assist clients with this trend. You must make sure that each point is analysed completely and fully addresses the question. Given the restrictive word count, the candidate should’ve cut out this paragraph in favour of more meaningful discussion elsewhere.

Companies will continue to need advice on how to deal with challenges from activist shareholders, including both pro- and anti-ESG investors. Energy and natural resources companies have faced pressure from the former, for example Engine No. 1 pushing Exxon to accelerate its transition to renewables and Bluebell urging Glencore to divest its coal division. As the latter become more active, lawyers will need to advise on dealing with conflicting shareholder interests, for example when drafting ESG disclosures.

Feedback: This paragraph is an improvement on the previous. The candidate does well in identifying a specific ESG issue impacting a broad subset of clients. Then, the candidate drills down on their point with a specific news article example. The candidate then highlights how these two specific examples demonstrate their point, namely that energy companies are being increasingly strong-armed by activist investors. Finally, the candidate gears their final sentence towards the role of lawyers in assisting clients with this issue. The candidate identifies a specific method by which lawyers can draft ESG disclosures to protect clients against the aforementioned risks. In turn, this demonstrates that the candidate has a decent understanding of commercial risks and how lawyers protect against them.

However, this paragraph is not specific enough to the question. The candidate never identifies a specific group of Osborne Clarke clients, nor do they ever drill down on how Osborne Clarke’s lawyers can specifically protect clients against these risks. Instead, the candidate generalises that “lawyers” could help navigate shareholder conflicts by “drafting ESG disclosures”. The candidate never drills down on this further. In turn, this means the candidate’s writing does not truly answer the question. In your own writing, you need to identify a specific ESG issue impacting named Osborne Clarke clients. You must then draw upon previous examples from Osborne Clarke’s work to explain how they can protect said clients again.

The corporate activity undertaken in response to activist pressure, including restructurings and divisional sales could also generate demand for high-value legal services. Some activists may pursue their demands through the courts, creating litigation work.

Feedback: As with the third paragraph, this final paragraph does not contribute much to the candidate’s answer. It at least demonstrates that the candidate has broad knowledge of ESG trends. However, it does not go much further in answering the question. The candidate never explains how this corporate activity impacts Osborne Clarke’s clients, nor how Osborne Clarke can assist clients with this trend. Given the restrictive word count, this probably could also have been cut out.