Advocacy for SQE2

Dr Rita D’Alton-Harrison is a senior lecturer, solicitor, author and legal education trainer and adviser and has been teaching in Higher Education for over 20 years both on undergraduate and postgraduate professional courses. Rita has over ten years’ post qualification experience as a solicitor and previously practised in the field of civil and criminal litigation. Rita is also the series editor for the Routledge Legal Practice SQE2 series.

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