Table Of Content

ADVOCACY FOR SQE2 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. 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. Legal Practice for SQE2 Series editor: Rita D’Alton Harrison, Royal Holloway, University of London The Legal Practice Skills for SQE2 series maps out key legal skills against five main areas of practice, and the Statement of Solicitor Competence, providing candidates with a set of concise, practical volumes to help them prepare for the examination. The style of each book is precise, with bullet-point lists summarizing key information and revision points concluding each chapter. The books also feature multiple choice questions with answers, example problem questions and realistic case scenarios. Advocacy for SQE2 Rita D’Alton Harrison ADVOCACY FOR SQE2 A Guide to Legal Practice Rita D’Alton-Harrison Cover image: © Getty Images First published 2023 by Routledge 4 Park Square, Milton Park, Abingdon, Oxon OX14 4RN and by Routledge 605 Third Avenue, New York, NY 10158 Routledge is an imprint of the Taylor & Francis Group, an informa business © 2023 Rita D’Alton-Harrison The right of Rita D’Alton-Harrison to be identified as author of this work has been asserted in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988. All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe. British Library Cataloguing-in-Publication Data A catalogue record for this book is available from the British Library Library of Congress Cataloging-in-Publication Data A catalog record has been requested for this book ISBN: 978-0-367-68224-8 (hbk) ISBN: 978-0-367-68087-9 (pbk) ISBN: 978-1-003-13477-0 (ebk) DOI: 10.4324/9781003134770 Typeset in The Sans by Deanta Global Publishing Services, Chennai, India Dedicated to Angela and every heart that she touched. Contents List of Figures xv Series Editor Introduction xvii Acknowledgments xix Abbreviations xxi PART A: THE COMPETENT ADVOCATE 1 Introduction 3 0.1 What Is an Advocate? 4 0.2 What Does Competence Mean? 4 0.3 What Is the SRA Statement of Solicitor Competence? 4 0.4 How Do I Use this Book? 5 1 Managing Your Behaviours: Professionalism and Ethics 7 1.1 Introduction 7 1.2 Professionalism and Ethics 8 1.2.1 SRA Principles 9 1.2.2 Ethics, Professionalism and Judgment 9 1.2.3 Public Trust and Confidence (Principle 2) 10 1.2.4 Honesty (Principle 4) 12 1.2.5 Integrity (Principle 5) 13 1.3 The SRA Statement of Solicitor Competence 16 1.3.1 Maintaining Levels of Competency and Legal Knowledge 17 1.4 SRA Code of Conduct 17 1.4.1 Conflict between the Principles and the Code 19 1.5 Working within the Limits of Competency and under Supervision 20 1.5.1 Misconduct 20 1.5.2 Solicitors’ Disciplinary Tribunal 21 1.5.3 The Role of the SRA 22 1.5.4 SRA Enforcement Strategy 22 1.5.5 Sanctions 23 viii Contents In Summary 24 Key Practice Case 25 Practice Tips 27 Practice Risks 27 Exercise A 27 Exercise B 28 Self-Reflection Checklist 29 References 29 2 Developing Skills of Case Planning and Analysis: Effective Preparation, Research Skills and Strategy 33 2.1 Introduction 33 2.2 Fact Finding 34 2.2.1 Interview Skills 35 2.2.2 Identify the Client’s Goals 35 2.2.3 Know the History of your Case 36 2.2.4 Identify the Issues 38 2.3 Obtaining Additional Documents and Materials 39 2.3.1 Obtaining Expert Evidence 41 2.3.2 Evidence Gathering 43 2.4 Legal Research 46 2.4.1 Researching Cases 47 2.4.2 Research Trail 48 2.4.3 Citing Cases 49 2.5 Researching Legislation 51 2.5.1 Statutory Interpretation 51 2.5.2 The Literal Rule 52 2.5.3 The Golden Rule 53 2.5.4 The Mischief Rule 53 2.5.5 The Purposive Rule 53 2.6 Strategy and Planning 55 2.6.1 Using a Focused Strategy 55 2.6.2 Identify the Elements of the Charge/Claim 56 2.6.3 Identifying Risks 58 2.7 Negotiation Skills 60 2.7.1 Negotiated Settlements 60 2.7.2 Making Offers and Concessions 62 2.8 Progressing the Case 63 2.8.1 The Jurisdiction of the Court 64 2.8.2 Pre-Action Protocols 65 2.8.3 Drafting Witness Statements and Defence Statements 65 2.8.4 Meeting Time Limits 66 2.8.5 Damages and Interest 66 2.8.6 Costs 67 Contents ix In Summary 68 Key Practice Case 69 Practice Tips 70 Practice Risks 71 Exercise A 71 Exercise B 72 Self-Reflection Checklist 73 References 73 3 Communicating with Others: Effective Communication and Written Skills 77 3.1 Introduction 77 3.2 Effective Writing and Drafting 78 3.2.1 Drafting Case Documents (‘Statements of Case’) 79 3.3 Writing Skills 84 3.3.1 Letter Writing Skills 84 3.3.2 Writing Emails 87 3.3.3 Note-Taking for Record Purposes 88 3.4 Effective Communication Skills 89 3.4.1 Court Communication Etiquette 89 3.4.2 Communication Through Appearance 91 3.4.3 Communicating with Vulnerable Clients and Witnesses 91 3.4.4 Video Conferencing 91 3.5 Effective Advocacy 93 3.5.1 Know Your Audience 93 3.5.1.1 Judge 94 3.5.1.2 Client 94 3.5.1.3 Witness 95 3.5.2 Oral Presentation 96 3.5.3 Use of Voice 96 3.5.4 Content 96 3.5.5 Body Language 96 3.5.6 Persuasion 97 3.5.7 How to Formulate Legal Arguments 99 3.6 Trial Questioning 101 3.6.1 Examination-in-Chief 102 3.6.2 Cross-Examination 102 3.6.3 Re-examination 103 3.6.4 Questioning Special Groups 103 3.6.4.1 Defendant in Criminal Proceedings 104 3.6.4.2 Spouses 104 3.6.4.3 Children 105 3.6.4.4 Hostile Witnesses 105 3.6.4.5 Protected Witnesses 106 3.6.5 Challenging a Witness’s Credibility 107