Advocacy for SQE2

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