Summary

Summary SQE2 Advocacy Notes

1 purchase

Module
SQE2

Institution
SQE2

These summaries include a complete and thorough description of what is required of each SQE2 assessment, the technique and strategies to develop the SQE2 legal skills, and many examples of both written and oral mock tasks. The summaries also include relevant FLK knowledge and legal tests commonly t...

[Show more]

Preview 4 out of 94 pages

View example

Uploaded on October 17, 2024
Number of pages 94
Written in 2024/2025
Type Summary

sqe2
sqe2prepcourse
sqe2advocacy
sqe2drafting
sqe2legalwriting
sqe2legalresearch
sqe2caseandmatteranalysis
sqe2interviewing
sqe2examprep
sqe2skills
sqe2summary

Institution SQE2
Education SQE2
Module SQE2

camillacerciello Member since 1 year 100 documents sold

£13.45

Add to cart

Add to wishlist

100% satisfaction guarantee
Immediately available after payment
Both online and in PDF
No strings attached

Unit 1 (Criminal Litigation)

 Mode of Address in the Magistrates Court
 R v. Carlisle case study materials
 ABH
 Allocation
 Contested bail
 Plea in mitigation

Unit 2 (Dispute Resolution)

 How to Address a Civil Judge
 The SQE2 Advocacy Assessment criteria
 Using documentary evidence
 Badger Limited v Gorman case study materials
 Setting aside a default judgment
 Summary judgment, interim payment and security for costs: law

Unit 3 (Criminal Litigation)

 R v Buck case study materials
 Theft
 Confession evidence
 Bad character evidence
 The SQE2 Advocacy Assessment criteria

Unit 4 (Dispute Resolution)

 Striking out a statement of case
 Summary judgment
 Orchadia (Dorset) Limited v Bestboilers (Guildshire) Limited case study materials
 Handling judicial intervention
 Interest on a judgment
 Interim costs
 Security for costs
 Multilingual Tuition Limited v Cadell and Partners (a firm) case study materials

Unit 5 (both practice areas)

 Interim payment
 Barry Gould v Rachel Arbor case study materials
 Hearsay evidence
 R v Cooper case study materials

1

, Advocacy – Course Summary:
UNIT 1: ORAL COMMUNICATION SKILLS AND ADVOCACY
Vocal communication:
Not just what you say, but how you say it.
The term ‘vocal communication’ refers to the way in which you use your voice.
The appropriate use of the voice (for example, in terms of tone of voice and pace) is specifically highlighted
in the SRA Performance Indicators as one element demonstrating competence.
Pitch and Pitch: highness or lowness of voice.
volume:
 If someone is nervous the pitch of their voice often becomes higher = lack of confidence
 Variations in vocal pitch are useful because they help to bring what is being said to life.

Volume: loudness of voice.
 In most situations a natural speaking voice will suffice.
 However, in a large courtroom, for example, it may be necessary to increase volume.
Pace: Most people have a natural tendency to speed up their speaking pace when they are nervous. It is
important to fight that tendency.
You should aim to speak calmly but steadily.
Not too quickly, not too slowly.
Tone: Tone allows the speaker to communicate any number of messages: confidence, empathy, contrition,
respect, the seriousness of the situation etc.
It may be necessary to vary the tone when speaking as the subject matter changes.
Verbal Most people pick up verbal mannerisms which become part of their everyday speech. The mannerisms
mannerisms: may be so automatic that the speaker is not even aware of them.
However, in a formal context such mannerisms should be avoided as they can detract from what is being
said and/or distract the listener.
Examples: ‘ok’, ‘good’, ‘like’, ‘yes?’ or filling pauses with a prolonged ‘erm’.

The listener:

 The language must cater for the recipient’s level of knowledge and understanding.
 Lay person: jargon and technical terms are generally to be avoided or, if there is genuinely no alternative,
they can be used but must be explained.
 When speaking to another lawyer, using technical language is more acceptable.
 In Interviewing you will be dealing with a client who is likely to have little or no legal knowledge.
 In Advocacy your ‘audience’ could not be more legally sophisticated, and this will require you to display
the skill of presenting legal arguments effectively and persuasively whilst maintaining the formalities of
the courtroom.

Listening:

 Listening is an underrated skill which requires considerable concentration.
 Listening as a solicitor: need to pick up every nuance or recall precisely what was said.
 Most authorities on oral communication skills make a distinction between ‘passive listening’ and ‘active
listening’.
 Passive listening:
2

, o using silences and other unobtrusive signals to encourage the speaker to continue.
o silence is one of the most powerful techniques available to a solicitor. It may require a conscious
effort to remain silent for longer than normal in the hope that the speaker will fill the void with
more information.
 Active listening:
o more obtrusive techniques which demonstrate to the other person that the solicitor has both
heard and understood.
o Most common example: summarising —> giving a short, clear precise summary of what the
speaker has just said.

Questioning:

 Open questions:
o Give maximum freedom to the person being questioned, they encourage expansion and they do
not seek to influence the content of the reply:
o ‘So, what happened next?’
o ‘What were your reactions to that?’
o ‘How did you respond to the offer?’
o ‘Why did you do that?’
o ‘Tell me about your relationship with the managing director.’
o ‘Tell me more about ...’

 Closed questions:
o Invite a narrow answer, from a few words or a sentence to a ‘yes’/‘no’ reply (sometimes called
‘yes/no questions’):
o ‘Were you also carrying a knife?’
o ‘Did you accept the offer?’
o One particular form of closed question is the leading question. For example, the questioner
might deliberately seek to influence the content of the reply by asking a question which
encourages a particular answer: ‘So you must have been drunk, mustn’t you?’

Non-verbal communication:

 Appearance: looking professional inspires confidence in the client. Dress code for SQE2 oral
assessment: clothing suitable for a business environment.
 Body language: importance of body language is highlighted in the SRA Performance Indicators for the
SQE2 Client Interviewing Assessment.
o To begin by smiling and making eye contact makes for a confident start and enables you to
establish the all-important connection with the observer from the outset.
o Sitting or standing in a physically relaxed manner can help you feel more relaxed and convey the
impression of confidence to an observer.

ADVOCACY – PREPARING FOR A HEARING:
Advocacy: the art of influencing outcomes, the art of persuasion.

In its legal context, advocacy is the skill of presenting legal argument to a court or tribunal.

Person practicing the skill: advocate.

3

, In the SQE2 Advocacy assessments candidates will be given a case study on which they will conduct a piece
of courtroom advocacy. An email will ask you to conduct the advocacy and tells you in which court you are
appearing. You are likely to be given a file of documents to study.

Two advocacy assessments, questions mat drawn from FLK:

 One in Dispute Resolution (Contract Law and Tort); and
 One in Criminal Litigation (Criminal Liability).

Questions on ethics and professional conduct will be pervasive.

45 mins to prepare and 15 mins to make submissions to a judge who is present in the room.

 The judge will assess you both on skills and application of the law.

NB. You may be asked questions during your advocacy.

You will be assessed on how well you present your case. This may seem obvious, but you must always
remember not to repeat what the court already knows unless it is to emphasise or persuade the court of
something. Simply repeating what the court is already aware of is not advocacy.

Should be concise: do not repeat what you have said unless you want to stress something.

Persuasion: you use the facts that assist you. If the facts do not assist, you try to minimise their impact.

 However, you must never lie or knowingly mislead the court.

Skills:

(1) Use appropriate language and behaviour.
(2) Adopt a clear and logical structure.
(3) Present a persuasive argument.
(4) Interact with/engage the court appropriately.
(5) Include all key relevant facts.

Application of law:

(1) Apply the law correctly to the client’s situation.
(2) Apply the law comprehensively to the client’s situation, identifying any ethical and professional
conduct issues and exercising judgment to resolve them honestly and with integrity.

NB. the level of knowledge required for the assessments is that of a Day One solicitor. If the piece of
advocacy requires knowledge of an aspect of the law which a Day One solicitor would have to look up, this
will be given to you in the assessments.

Analysis:

 The law
 The facts
 Identify any gaps and inconsistencies in the facts
 Link the facts to the law
 Identify any strengths and weaknesses
 Structure submissions

4

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.

Quick and easy check-out

You can quickly pay through credit card for the summaries. There is no membership needed.

Focus on what matters

Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!

Frequently asked questions

What do I get when I buy this document?

You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.

Satisfaction guarantee: how does it work?

Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.

Who am I buying these notes from?

Stuvia is a marketplace, so you are not buying this document from us, but from seller camillacerciello. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for £13.45. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

68175 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy revision notes and other study material for 15 years now

Start selling

Summary

Summary SQE2 Advocacy Notes

Document information

Subjects

Written for

Seller

Reviews received

Content preview