Full Description
Advocacy for SQE2: A Guide to Legal Practice is the first in a new series of books aimed at those preparing for SQE2, providing a comprehensive overview of everything you need to successfully pass the SQE2 advocacy assessment.
Split into the two practice sections that candidates may be tested on - dispute resolution (civil) as well as criminal litigation - the book covers the basics of court procedure in both areas, so that you fully understand the role, duties and responsibilities of an advocate. In line with the requirements of SQE2, it also tests the competency skills required of an advocate in legal practice such as planning and organisation, drafting, legal research, presenting a reasoned argument, witness handling, observation, exercising judgment and the application of knowledge and decision-making. It also includes a range of supporting features, including:
In Summary sections
Key Practice Cases
Practice Tips
Practice Risks
Problem Based Exercises
Realistic Case Scenarios
Self-Reflection Checklist
Further supporting materials are also provided on the companion website.
Written by an author with practice experience and early involvement in the planning and development of the SQE itself, this unique book will be essential reading for any candidate wishing to be fully prepared for their SQE2 advocacy assessment.
Contents
PART A
Introduction
Chapter One - MANAGING YOUR BEHAVIOURS: PROFESSIONALISM AND ETHICS
INTRODUCTION
ETHICS, PROFESSIONALISM AND JUDGMENT
THE SRA STATEMENT OF SOLICITOR COMPETENCE
1.2.1 Acting Honestly and with Integrity
PROFESSIONALISM AND ETHICS
SRA Principles
Public Trust and Confidence
Integrity
Honesty
1.4 MAINTAINING LEVELS OF COMPETENCY AND LEGAL KNOWLEDGE
1.4.1 SRA Code of Conduct
Conflict between the Principles and the Code
WORKING WITHIN THE LIMITS OF COMPETENCY AND UNDER SUPERVISION
1.5.1 Misconduct
1.5.2 Solicitors' Disciplinary Tribunal
1.5.3 The Role of the SRA
1.5.4 SRA Enforcement Strategy
1.5.5 Sanctions
In Summary Section
Case in the Spotlight
Practice Tips
Practice Risks
Exercises
Self-Reflection Checklist
References
Chapter Two - DEVELOPING SKILLS OF CASE PLANNING AND ANALYSIS: EFFECTIVE PREPARATION, RESEARCH SKILLS AND STRATEGY
INTRODUCTION
FACT FINDING
2.1.2 Interview skills
2.1.3 Identify the client's goals
2.1.4 Know the History of Your case
Identify the Issues
OBTAINING ADDITIONAL DOCUMENTS AND MATERIALS
2.2.1 Obtaining Expert Evidence
2.2.2 Evidence Gathering
LEGAL RESEARCH
Researching Cases
Research Trail
Citing Cases
RESEARCHING LEGISLATION
Statutory Interpretation
The Literal rule
The Golden Rule
The Mischief Rule
The Purposive Rule
CASE PLANNING
Using a Focused Strategy
Identify the elements of the charge/claim
Identifying Risks
NEGOTIATION SKILLS
Negotiated Settlements
Making Offers and Concessions
CASE PLANNING
The Jurisdiction of the Court
Pre-Action Protocols
Drafting Witness Statements and Defence Statements
Meeting Time Limits
Damages and Interest
Costs
In Summary Section
Case in the Spotlight
Practice Tips
Practice Risks
Exercises
Self-Reflection Checklist
References
Chapter Three - COMMUNICATING WITH OTHERS: EFFECTIVE COMMUNICATION AND WRITTEN SKILLS
INTRODUCTION
EFFECTIVE WRITING AND DRAFTING
Drafting Case Documents ('Statements of Case')
3.2 WRITING SKILLS
3.2.1 Letter Writing Skills
3.2.2 Writing Emails
3.2.3 Note-Taking for Record Purposes
3.4 EFFECTIVE COMMUNICATION SKILLS
3.4.1 Court Communication Etiquette
3.4.2 Communication Through Appearance
3.4.3 Communicating with Vulnerable Clients and Witnesses
Communicating with Vulnerable Clients and Witnesses
EFFECTIVE ADVOCACY
3.5.1 Know Your Audience
3.5.2 Oral Presentation
3.5.3 Use of Voice
3.5.4 Content
3.5.5 Body Language
3.5.6 Persuasion
How to Formulate Legal Arguments
TRIAL QUESTIONING
3.6.1 Examination-in-chief
3.6.2 Cross-Examination
3.6.3 Re-Examination
3.6.4 Questioning Special Groups
3.6.4.1 Defendant in criminal proceedings
3.6.4.2 Spouses
3.6.4.3 Children
3.6.4.4 Hostile Witnesses
3.6.4.5 Protected Witnesses
3.6.5 Challenging a Witness's Credibility
In Summary Section
Case in the Spotlight
Practice Tips
Practice Risks
Exercises
Self-Reflection Checklist
References
Chapter Four - BUILDING RELATIONSHIPS: WORKING WITH OTHERS IN A PROFESSIONAL CAPACITY
INTRODUCTION
TREATING CLIENTS WITH COURTESY AND RESPECT
4.1.2 Promote Equality, Diversity and Inclusion
4.1.3 Building Trust and Empathy
4.1.4 Handling Sensitive Situations
4.2 PROGRESSING THE CLIENT'S CASE
4.2.1 Vulnerable Clients
Disagreements with the Client
MAINTAINING EFFECTIVE AND PROFESSIONAL RELATIONSHIPS WITH THE COURT
4.3.1 Rights of Audience
4.3.2 Courtroom Etiquette
4.3.3 Advocate's Responsibilities to the Court
4.3.4 Upholding Undertakings Given to the Court
4.3.5 The Overriding Objectives
4.3.6 Adhering to Time Limits
4.3.7 Privilege and Public Interest Immunity
4.3.8 Observing Evidential Rules in Court
4.3.9 Respecting the Hierarchy of the Courts and its Precedents
4.3.10 The Courts' Jurisdiction
4.3.11 The Role of the Jury
4.4 MAINTAINING EFFECTIVE AND PROFESSIONAL RELATIONSHIPS WITH WITNESSES
4.4.1 Competent and Compellable Witnesses
4.4.2 Vulnerable Witnesses
Special Measures
MAINTAINING EFFECTIVE AND PROFESSIONAL RELATIONSHIPS WITH EXPERTS
4.5.1 The Experts' Duty
The Experts' Written Report
4.6 MAINTAINING EFFECTIVE AND PROFESSIONAL RELATIONSHIPS WITH OTHER LEGAL PROFESSIONALS, LITIGANTS IN PERSON AND MCKENZIE FRIENDS
In Summary Section
Case in the Spotlight
Practice Tips
Practice Risks
Exercises
Self-Reflection Checklist
References
PART B
Chapter Five - AN INTRODUCTION TO CRIMINAL LITIGATION
5. INTRODUCTION
5.1 EXCLUDING EVIDENCE
5.1.1 Illegally or Improperly Obtained Evidence
5.1.2 Confessions
5.1.3 Criminal Justice Act Provisions on Hearsay
5.1.3.1 Exceptions to the Hearsay Exclusionary Rule
5.2 CHARACTER AND SIMILAR FACT EVIDENCE
5.2.1 Criminal Justice Act Provisions on Character Evidence
5.2.1.1 Gateways to Admitting Bad Character Evidence of a Defendant
5.2.1.2 Evidence of Motive
5.2.1.3 Evidence of Propensity
5.3 Defendant's Good Character
5.4 Silence at the police station
5.4.1 Silence at the Trial
5.4.2 Silence on Arrest
5.4.3 Other Examples of Silence as Evidence
5.4.4 Privilege Against Self-Incrimination
5.5 PRE-TRIAL APPLICATIONS
5.6 THE CRIMINAL CASE STUDY
5.6.1 Exercise 1 (Bail)
5.6.2 Exercise 2 (Specific Disclosure)
5.6.3 Exercise 3 (Hearsay and Character Evidence)
Self-Reflection Checklist
References
Chapter Six - AN INTRODUCTION TO CIVIL LITIGATION
INTRODUCTION
EXCLUDING EVIDENCE
Illegally or Improperly Obtained Evidence
ADMITTING EVIDENCE INTO THE PROCEEDINGS
Admissions
Character and Similar Fact Evidence
Hearsay
PRIVILEGE AGAINST SELF INCRIMINATION
INTERIM APPLICATIONS
Applicants
Respondents
THE CIVIL CASE STUDIES
Exercise 1 (Setting Aside Default Judgment)
Exercise 2 (Summary Judgment)
Exercise 3 (Interim Payment)
Self-Reflection Checklist
References
Chapter Seven - TRIALS AND APPEALS
INTRODUCTION
AN INTRODUCTION TO TRIALS
Burden of Proof
7.1.1.2 Burden and Standard of Proof in Civil Proceedings
Burden and Standard of Proof in Criminal Trials
7.2 A SUBMISSION OF 'NO CASE TO ANSWER'
7.3 TRIAL BUNDLES
7.4 Opening Speeches
7.4.1. Closing Speeches
7.4.2. The Judge's Summing-Up (Jury Trials only)
7.5 VERDICTS AND JUDGMENTS
7.5.1 Newton Hearings (criminal cases)
7.5.2 Sentencing (criminal cases)
7.5.3. Enforcement of Judgments (civil cases)
7.5.4. Costs
7.5.5. Finality of Litigation
AN INTRODUCTION TO APPEALS
Appeals in Civil Proceedings
Appeals in Criminal Proceedings
Appeal Notice
Crown Court as an Appeal Court
Sources of Potential Miscarriages of Justice
7.7.1 Exercise 1 (Sentencing)
7.7.2 Exercise 2 (Grounds of Appeal)
Self-Reflection Checklist
References
Appendix A
Table of Key Procedural Rules
Appendix B
Table of Key Evidential Rules
PART C
Suggested Answers for Part A chapter one
Suggested Answers for Part A chapter two
Suggested Answers for Part A chapter three
Suggested Answers for Part A chapter four
Suggested Answers for Part B chapter five
Suggested Answers for Part B chapter six
Suggested Answers for Part B chapter seven
