Answering 'hypothetical' questions

While many firms are known for asking ‘hypothetical’, ‘situational judgment‘-type questions at Assessment Centre stage, some firms may also ask these questions during the written application stage. For those unfamiliar, here is an example of this question type:

You are a trainee in STRIVE LLP’s Corporate Department. Your supervisor has been working on a piece of research for a prospective client with the matter partner (and you have had minimal involvement in the matter so far), but your supervisor called you this morning to let you know that she is ill and therefore will take leave today. She will not be contactable for the rest of the day. The matter partner calls you and asks for a summary note of the research your supervisor has done by COB today, which is intended to be sent to the prospective client. The partner stresses that this is urgent as STRIVE LLP would like to be retained by the prospective client for future work. In the meantime, you have received emails from two other associates who have asked you for updates on matters you have not yet started. How would you react?

From our experience, we see that students struggle with these questions for four main reasons:

  1. They are lulled into a false sense of security that these questions are more ‘freehand’, and therefore they throw structure out of the window;

  2. They do not effectively use the facts provided by the question. For example, the question specifically mentioned Corporate, COB today, the fact that your supervisor has already previously worked on the deal (which means you rather than redoing the research on your own you should look on file to see what has already been done, rather than duplicating work), the fact that the research note is ultimately meant to be sent to the client etc for a reason.

  3. Perhaps as a direct result of Point 2 above, students tend to waffle and talk about points that could have applied to any situation, rather than this specific situation (e.g. “I would feel excited about this task”, “I would speak to other people who have already done something similar and learn from them”, “I would send a capacity email to other trainees and, with the consent of the matter associates, hand over my other tasks to trainees who are willing to help“ etc). While these points (such as giving tasks to other trainees) are valuable to an extent, and so they do need to be addressed, you will unfortunately not stand out by staying only on that level.

  4. Finally, and perhaps most importantly, they fall into the trap of believing that, because the question is hypothetical, their answer can also stay at the hypothetical level - but if you want to stand out, this won’t be enough! Instead, for every claim you make (i.e. claiming you would do XYZ in the hypothetical scenario), you should back it up with similar scenarios from your own work experience where you have actually done what you claim you would do. That being said, you must also be mindful of spending so much of your answer talking about your past experiences that you are straying too far from answering the actual question. Striking the balance could be tricky - please see the following template to see that this part should be no longer than 1-2 sentences at the end of each paragraph.

Taking all of these factors into account, please consult the following formula/template.

In order to deliver all of these tasks effectively, I would undertake three action steps.

Firstly, I would prioritise quickly responding to chaser emails from matter associates by explaining that an urgent business development task for a priority prospective client has arisen from a partner, and whether there can therefore be any flexibility with the deadline on delivering their tasks. If so, I would thank them and provide an updated estimate of when this work would be completed. If not, I would ask for consent from the associate to send out a capacity email to other trainees who might be happy to cover me. When confronted with a similar situation at ABC Ltd as an intern, where a senior manager had tasked me with an urgent matter which meant I had to postpone other commitments from my supervisor. I handled this situation by a mixture of explaining to my supervisor the urgency of my task at hand, requesting for deadline extensions and delegating tasks to other members of the team.

Secondly, given that my supervisor has already started carrying out the research, I would look on file for draft research memos or email exchanges to ascertain and build on the extent of work already done. When faced with a similar situation during my work experience week at EVIRTS LLP, … (and so on)

Thirdly, ….

You can see from the sample response above that each of the four points above have been addressed. Especially in relation to the last point, you can see that the part where you mention your past experience to back up your claim should be no longer than 1-2 sentences at the end of each paragraph.

Task-based vs Context-based: A Crucial Distinction to Make In Competency Questions

Consider the paragraph below:

As a paralegal in the Dispute Resolution department at STRIVE LLP, I carried out important tasks such as bundling, billing, due diligence, updating financial spreadsheets and redacting documents. I also liaised with other departments of the firm when assisting clients, and also handled client queries where associates and partners did not have the capacity to do so.

How does this sound to you? Good, or not so good? Why?

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I would say that this answer is not good. While you might believe that there was a decent amount of detail, there is another issue with it: that it is too task-based, and not sufficiently context-based.

What I mean by this is that you are bringing the reader’s mind to the granular, day-to-day tasks of what you were up to. There are two issues with this approach (what I call the ‘task-based’ approach):

  1. Even if you were in this particular role for, say, as long as three years, this approach does not reward that. Presumably, you are going to be doing the same tasks (e.g. due diligence, bundling etc), over and over again, across all different projects. We therefore need a different approach that provides you well-deserved recognition for working on different projects across your role.

  2. It doesn’t sound impressive - any Dispute Resolution paralegal would be expected to perform bundling, billing, due diligence tasks etc. You are simply stating the general role description of a DR paralegal, which anyone could guess simply by reading the role ‘DR paralegal‘. If you are saying something the reader could’ve guessed, your words are not adding value and therefore are a waste of precious word count!

How might you improve this? Simply zoom out of your granular focus on tasks, into a more high-level, context-based approach.

What this means is that, rather than saying what you were doing, saying WHY you were doing it. What was the deal you were working on? This is not to say that you shouldn’t mention you were doing due diligence, but you need to encapsulate that task within the grander context of the wider deal. For example, rather than focusing on the fact that you were doing some due diligence work, focus on the fact that you were part of the high-profile acquisition of Sunflower Ltd by Venus Ltd valued at £300m within the retail sector, which was fraught with competition complications along with employment, tax, loan finance and capital markets. Contrast the paragraph below to the one above:

I was involved in the high-profile acquisition of Sunflower Ltd by Venus Ltd valued at £300m within the retail sector, which was fraught with competition complications along with employment, tax, loan finance and capital markets. As part of the due diligence process, I reviewed 3,000 documents within 2 days, as the first layer of human review after the documents underwent an AI-driven sorting process to determine their relevance to negotiation of the purchase price.

I like to think of this as ‘milking’ your experience or ‘beefing it up’ - even though you weren’t the partner who drafted the SPA that was signed at the M&A closing, doesn’t mean you weren’t an integral part of it (and that you shouldn’t claim credit for being part of it)!

As a final note, this applies to any competency question where you are evidencing your skillset with your experience, whether it be working in a law firm as part of a vac scheme, or working in a committee of a society at uni.

This approach should also be applied to CVs - it’ll add multitudes of ‘oomph’ to your work experience, promise!

Sana: From Local Comprehensive to a Vacation Scheme in a City Law Firm

Hi, my name is Sana and I graduated with a law degree from the University of Sheffield. I will be undertaking the Spring Vacation Scheme at Norton Rose Fulbright this April! I’m currently carrying out the Legal Practice Course at the University of Sheffield and hope to secure a training contract within commercial law.

7 Q’s With: Future Shoosmiths trainee – Ceej

7 Q’s With: Future Shoosmiths trainee – Ceej

Ceej Ntsiu is a future trainee solicitor at Shoosmiths LLP and a founder of ComAware.net. Here’s his top tips on his journey towards securing a TC. Head on over to ComAware too to make sure you’re up to date with everything you need to know to ace those Assessment Centres!