Advocacy for SQE2: A Guide to Legal Practice

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. Cover Half Title Series Page Title Page Copyright Page Dedication Table of Contents List of Figures Series Editor Introduction Acknowledgments Abbreviations Part A: The Competent Advocate Introduction 0.1 What Is an Advocate? 0.2 What Does Competence Mean? 0.3 What Is the SRA Statement of Solicitor Competence? 0.4 How Do I Use this Book? Chapter 1 Managing Your Behaviours: Professionalism and Ethics 1.1 Introduction 1.2 Professionalism and Ethics 1.2.1 SRA Principles 1.2.2 Ethics, Professionalism and Judgment 1.2.3 Public Trust and Confidence (Principle 2) 1.2.4 Honesty (Principle 4) 1.2.5 Integrity (Principle 5) 1.3 The SRA Statement of Solicitor Competence 1.3.1 Maintaining Levels of Competency and Legal Knowledge 1.4 SRA Code of Conduct 1.4.1 Conflict between the Principles and the Code 1.5 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 Key Practice Case Practice Tips Practice Risks Exercise A Exercise B Self-Reflection Checklist References Chapter 2 Developing Skills of Case Planning and Analysis: Effective Preparation, Research Skills and Strategy 2.1 Introduction 2.2 Fact Finding 2.2.1 Interview Skills 2.2.2 Identify the Client’s Goals 2.2.3 Know the History of your Case 2.2.4 Identify the Issues 2.3 Obtaining Additional Documents and Materials 2.3.1 Obtaining Expert Evidence 2.3.2 Evidence Gathering 2.4 Legal Research 2.4.1 Researching Cases 2.4.2 Research Trail 2.4.3 Citing Cases 2.5 Researching Legislation 2.5.1 Statutory Interpretation 2.5.2 The Literal Rule 2.5.3 The Golden Rule 2.5.4 The Mischief Rule 2.5.5 The Purposive Rule 2.6 Strategy and Planning 2.6.1 Using a Focused Strategy 2.6.2 Identify the Elements of the Charge/Claim 2.6.3 Identifying Risks 2.7 Negotiation Skills 2.7.1 Negotiated Settlements 2.7.2 Making Offers and Concessions 2.8 Progressing the Case 2.8.1 The Jurisdiction of the Court 2.8.2 Pre-Action Protocols 2.8.3 Drafting Witness Statements and Defence Statements 2.8.4 Meeting Time Limits 2.8.5 Damages and Interest 2.8.6 Costs In Summary Key Practice Case Practice Tips Practice Risks Exercise A Exercise B Self-Reflection Checklist References Chapter 3 Communicating with Others: Effective Communication and Written Skills 3.1 Introduction 3.2 Effective Writing and Drafting 3.2.1 Drafting Case Documents (‘Statements of Case’) 3.3 Writing Skills 3.3.1 Letter Writing Skills 3.3.2 Writing Emails 3.3.3 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 3.4.4 Video Conferencing 3.5 Effective Advocacy 3.5.1 Know Your Audience 3.5.1.1 Judge 3.5.1.2 Client 3.5.1.3 Witness 3.5.2 Oral Presentation 3.5.3 Use of Voice 3.5.4 Content 3.5.5 Body Language 3.5.6 Persuasion 3.5.7 How to Formulate Legal Arguments 3.6 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 Key Practice Case Practice Tips Practice Risks Exercise A Exercise B Self-Reflection Checklist References Chapter 4 Building Relationships: Working with Others in a Professional Capacity 4.1 Introduction 4.2 Treating Clients with Courtesy and Respect 4.2.1 Promote Equality, Diversity and Inclusion 4.2.2 Building Trust and Empathy 4.2.3 Handling Sensitive Situations 4.3 Progressing the Client’s Case 4.3.1 Vulnerable Clients 4.3.2 Disagreements with the Client 4.4 Maintaining Effective and Professional Relationships with the Court 4.4.1 Rights of Audience 4.4.1.1 Rights of Audience in the Lower Courts ​ 4.4.1.2 Higher Rights of Audience ​ 4.4.2 Courtroom Etiquette 4.4.3 Advocate’s Responsibilities to the Court 4.4.4 Upholding Undertakings Given to the Court 4.4.5 The Overriding Objectives 4.4.6 Adhering to Time Limits 4.4.7 Privilege and Public Interest Immunity 4.4.8 Observing Evidential Rules in Court 4.4.9 Respecting the Hierarchy of the Courts and their Precedents 4.4.10 The Courts’ Jurisdiction 4.4.11 The Role of the Jury 4.5 Maintaining Effective and Professional Relationships with Witnesses 4.5.1 Competent and Compellable Witnesses 4.5.2 Vulnerable Witnesses 4.5.3 Special Measures 4.5.3.1 Vulnerable Witnesses 4.5.3.2 A Witness in Fear 4.6 Maintaining Effective and Professional Relationships with Experts 4.6.1 The Expert’s Duty 4.6.2 The Expert’s Written Report 4.7 Maintaining Effective and Professional Relationships with Other Legal Professionals, Litigants-in-Person and McKenzie Friends In Summary Key Practice Case Practice Tips Practice Risks Exercise A Exercise B Self-Reflection Checklist References Part B: The Litigation Advocate Chapter 5 An Introduction to Criminal Litigation 5.1 Introduction 5.2 Excluding Evidence 5.2.1 Illegally or Improperly Obtained Evidence 5.2.2 Confessions 5.2.3 Criminal Justice Act Provisions on Hearsay 5.2.3.1 Exceptions to the Hearsay Exclusionary Rule 5.3 Character and Similar Fact Evidence 5.3.1 Criminal Justice Act Provisions on Character Evidence 5.3.1.1 Gateways to Admitting Bad Character Evidence of a Defendant 5.3.1.2 Evidence of Motive 5.3.1.3 Evidence of Propensity 5.4 Defendant’s Good Character 5.5 Silence at the Police Station 5.5.1 Silence at the Trial 5.5.2 Silence on Arrest 5.5.3 Other Examples of Silence as Evidence 5.5.4 Privilege Against Self-Incrimination 5.6 Pre-Trial Applications 5.7 The Criminal Case Study 5.7.1 Exercise 1 (Bail) 5.7.2 Exercise 2 (Specific Disclosure) 5.7.3 Exercise 3 (Hearsay and Character Evidence) Self-Reflection Checklist References Chapter 6 An Introduction to Civil Litigation 6.1 Introduction 6.2 Excluding Evidence 6.2.1 Illegally or Improperly Obtained Evidence 6.2.2 Character and Similar Fact Evidence 6.3 Admitting Evidence into the Proceedings 6.3.1 Hearsay 6.3.2 Admissions 6.4 Privilege Against Self-Incrimination 6.5 Interim Applications 6.5.1 Applicants 6.5.2 Respondents 6.6 The Civil Case Studies 6.6.1 Exercise 1 (Setting Aside Default Judgment) 6.6.2 Exercise 2 (Summary Judgment) 6.6.3 Exercise 3 (Interim Payment) Self-Reflection Checklist References Chapter 7 An Introduction to Trials and Appeals 7.1 Introduction 7.2 An Introduction to Trials 7.2.1 Burden of Proof 7.2.1.1 Burden and Standard of Proof in Civil Proceedings 7.2.1.2 Burden and Standard of Proof in Criminal Trials 7.3 A Submission of ‘No Case to Answer’ 7.4 Trial Bundles 7.5 Speeches 7.5.1 Opening Speeches 7.5.2 Closing Speeches 7.5.3 The Judge’s Summing-Up (Jury Trials only) 7.6 Verdicts and Judgments 7.6.1 Newton Hearings (Criminal Cases) 7.6.2 Sentencing (Criminal Cases) 7.6.3 Enforcement of Judgments (Civil Cases) 7.6.4 Costs 7.6.5 Finality of Litigation 7.7 An Introduction to Appeals 7.7.1 Appeals in Civil Proceedings 7.7.2 Appeals in Criminal Proceedings 7.7.3 Appeal Notice 7.7.4 Crown Court as an Appeal Court 7.7.5 Sources of Potential Miscarriages of Justice 7.8 The Post-Trial Case Studies 7.8.1 Exercise 1 (Sentencing) 7.8.2 Exercise 2 (Grounds of Appeal) Self-Reflection Checklist References Appendix A Table of Key Procedural Rules Appendix B Table of Evidential Rules Part C: Knowledge Revealed Suggested Answers for Chapter 1 Exercise A – Problem Question Exercise B – Multiple Choice Tests Test One Test Two Suggested Answers for Chapter 2 Exercise A – Problem Question Exercise B – Multiple Choice Tests Test One Test Two Suggested Answers for Chapter 3 Exercise A – Problem Question Exercise B – Multiple Choice Tests Test One Test Two Suggested Answers for Chapter 4 Exercise A – Problem Question Exercise B – Multiple Choice Tests Scenario One Scenario Two Suggested Answers for Chapter 5 Exercise 1 (Bail) Exercise 2 (Specific Disclosure) Exercise 3 (Hearsay and Character Evidence) Hearsay Evidence of Callum Proustin Character Evidence of Simon Montiana Suggested Answers for Chapter 6 Exercise 1 Memorandum A – Setting Aside a Default Judgment Exercise 2 Memorandum B – Summary Judgment Exercise 3 Memorandum C – Interim Payments Suggested Answers for Chapter 7 Exercise 1 Exercise 2 Index