Advocacy for SQE2 A Guide to Legal Practice

PART A

Introduction

Chapter One - MANAGING YOUR BEHAVIOURS: PROFESSIONALISM AND ETHICS

　

1. INTRODUCTION

1. ETHICS, PROFESSIONALISM AND JUDGMENT
2. THE SRA STATEMENT OF SOLICITOR COMPETENCE

1.2.1 Acting Honestly and with Integrity

3. PROFESSIONALISM AND ETHICS

1. SRA Principles
2. Public Trust and Confidence
3. Integrity
4. Honesty

1.4 MAINTAINING LEVELS OF COMPETENCY AND LEGAL KNOWLEDGE

1.4.1 SRA Code of Conduct

1. Conflict between the Principles and the Code

1. 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

　

1. INTRODUCTION

1. FACT FINDING

2.1.2 Interview skills

2.1.3 Identify the client’s goals

2.1.4 Know the History of Your case

1. Identify the Issues

1. OBTAINING ADDITIONAL DOCUMENTS AND MATERIALS

2.2.1 Obtaining Expert Evidence

2.2.2 Evidence Gathering

1. LEGAL RESEARCH

1. Researching Cases
2. Research Trail
3. Citing Cases

2. RESEARCHING LEGISLATION

1. Statutory Interpretation
2. The Literal rule
3. The Golden Rule
4. The Mischief Rule
5. The Purposive Rule

3. CASE PLANNING

1. Using a Focused Strategy
2. Identify the elements of the charge/claim
3. Identifying Risks

4. NEGOTIATION SKILLS

1. Negotiated Settlements
2. Making Offers and Concessions

5. CASE PLANNING

1. The Jurisdiction of the Court
2. Pre-Action Protocols
3. Drafting Witness Statements and Defence Statements
4. Meeting Time Limits
5. Damages and Interest
6. 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

　

1. INTRODUCTION

1. EFFECTIVE WRITING AND DRAFTING

1. 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

1. Communicating with Vulnerable Clients and Witnesses

1. 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

1. How to Formulate Legal Arguments

1. 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

　

1. INTRODUCTION

1. 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

1. Disagreements with the Client

1. 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

1. Special Measures

1. MAINTAINING EFFECTIVE AND PROFESSIONAL RELATIONSHIPS WITH EXPERTS

4.5.1 The Experts’ Duty

1. 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

1. INTRODUCTION

1. EXCLUDING EVIDENCE

1. Illegally or Improperly Obtained Evidence

2. ADMITTING EVIDENCE INTO THE PROCEEDINGS

1. Admissions
2. Character and Similar Fact Evidence
3. Hearsay

3. PRIVILEGE AGAINST SELF INCRIMINATION
4. INTERIM APPLICATIONS

1. Applicants
2. Respondents

5. THE CIVIL CASE STUDIES

1. Exercise 1 (Setting Aside Default Judgment)
2. Exercise 2 (Summary Judgment)
3. Exercise 3 (Interim Payment)

Self-Reflection Checklist

References

　

Chapter Seven - TRIALS AND APPEALS

2. INTRODUCTION

1. AN INTRODUCTION TO TRIALS

1. Burden of Proof

7.1.1.2 Burden and Standard of Proof in Civil Proceedings

1. 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

1. AN INTRODUCTION TO APPEALS

1. Appeals in Civil Proceedings
2. Appeals in Criminal Proceedings
3. Appeal Notice
4. Crown Court as an Appeal Court
5. 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

Biography

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.