Advocacy for SQE2: A Guide to Legal Practice

Cover
Half Title
Series Page
Title Page
Copyright Page
Dedication
Table of Contents
List of Figures
Series Editor Introduction
Acknowledgments
Abbreviations
Part A: The Competent Advocate
Introduction
0.1 What Is an Advocate?
0.2 What Does Competence Mean?
0.3 What Is the SRA Statement of Solicitor Competence?
0.4 How Do I Use this Book?
Chapter 1 Managing Your Behaviours: Professionalism and Ethics
1.1 Introduction
1.2 Professionalism and Ethics
1.2.1 SRA Principles
1.2.2 Ethics, Professionalism and Judgment
1.2.3 Public Trust and Confidence (Principle 2)
1.2.4 Honesty (Principle 4)
1.2.5 Integrity (Principle 5)
1.3 The SRA Statement of Solicitor Competence
1.3.1 Maintaining Levels of Competency and Legal Knowledge
1.4 SRA Code of Conduct
1.4.1 Conflict between the Principles and the Code
1.5 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
Key Practice Case
Practice Tips
Practice Risks
Exercise A
Exercise B
Self-Reflection Checklist
References
Chapter 2 Developing Skills of Case Planning and Analysis: Effective Preparation, Research Skills and Strategy
2.1 Introduction
2.2 Fact Finding
2.2.1 Interview Skills
2.2.2 Identify the Client’s Goals
2.2.3 Know the History of your Case
2.2.4 Identify the Issues
2.3 Obtaining Additional Documents and Materials
2.3.1 Obtaining Expert Evidence
2.3.2 Evidence Gathering
2.4 Legal Research
2.4.1 Researching Cases
2.4.2 Research Trail
2.4.3 Citing Cases
2.5 Researching Legislation
2.5.1 Statutory Interpretation
2.5.2 The Literal Rule
2.5.3 The Golden Rule
2.5.4 The Mischief Rule
2.5.5 The Purposive Rule
2.6 Strategy and Planning
2.6.1 Using a Focused Strategy
2.6.2 Identify the Elements of the Charge/Claim
2.6.3 Identifying Risks
2.7 Negotiation Skills
2.7.1 Negotiated Settlements
2.7.2 Making Offers and Concessions
2.8 Progressing the Case
2.8.1 The Jurisdiction of the Court
2.8.2 Pre-Action Protocols
2.8.3 Drafting Witness Statements and Defence Statements
2.8.4 Meeting Time Limits
2.8.5 Damages and Interest
2.8.6 Costs
In Summary
Key Practice Case
Practice Tips
Practice Risks
Exercise A
Exercise B
Self-Reflection Checklist
References
Chapter 3 Communicating with Others: Effective Communication and Written Skills
3.1 Introduction
3.2 Effective Writing and Drafting
3.2.1 Drafting Case Documents (‘Statements of Case’)
3.3 Writing Skills
3.3.1 Letter Writing Skills
3.3.2 Writing Emails
3.3.3 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
3.4.4 Video Conferencing
3.5 Effective Advocacy
3.5.1 Know Your Audience
3.5.1.1 Judge
3.5.1.2 Client
3.5.1.3 Witness
3.5.2 Oral Presentation
3.5.3 Use of Voice
3.5.4 Content
3.5.5 Body Language
3.5.6 Persuasion
3.5.7 How to Formulate Legal Arguments
3.6 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
Key Practice Case
Practice Tips
Practice Risks
Exercise A
Exercise B
Self-Reflection Checklist
References
Chapter 4 Building Relationships: Working with Others in a Professional Capacity
4.1 Introduction
4.2 Treating Clients with Courtesy and Respect
4.2.1 Promote Equality, Diversity and Inclusion
4.2.2 Building Trust and Empathy
4.2.3 Handling Sensitive Situations
4.3 Progressing the Client’s Case
4.3.1 Vulnerable Clients
4.3.2 Disagreements with the Client
4.4 Maintaining Effective and Professional Relationships with the Court
4.4.1 Rights of Audience
4.4.1.1 Rights of Audience in the Lower Courts ​
4.4.1.2 Higher Rights of Audience ​
4.4.2 Courtroom Etiquette
4.4.3 Advocate’s Responsibilities to the Court
4.4.4 Upholding Undertakings Given to the Court
4.4.5 The Overriding Objectives
4.4.6 Adhering to Time Limits
4.4.7 Privilege and Public Interest Immunity
4.4.8 Observing Evidential Rules in Court
4.4.9 Respecting the Hierarchy of the Courts and their Precedents
4.4.10 The Courts’ Jurisdiction
4.4.11 The Role of the Jury
4.5 Maintaining Effective and Professional Relationships with Witnesses
4.5.1 Competent and Compellable Witnesses
4.5.2 Vulnerable Witnesses
4.5.3 Special Measures
4.5.3.1 Vulnerable Witnesses
4.5.3.2 A Witness in Fear
4.6 Maintaining Effective and Professional Relationships with Experts
4.6.1 The Expert’s Duty
4.6.2 The Expert’s Written Report
4.7 Maintaining Effective and Professional Relationships with Other Legal Professionals, Litigants-in-Person and McKenzie Friends
In Summary
Key Practice Case
Practice Tips
Practice Risks
Exercise A
Exercise B
Self-Reflection Checklist
References
Part B: The Litigation Advocate
Chapter 5 An Introduction to Criminal Litigation
5.1 Introduction
5.2 Excluding Evidence
5.2.1 Illegally or Improperly Obtained Evidence
5.2.2 Confessions
5.2.3 Criminal Justice Act Provisions on Hearsay
5.2.3.1 Exceptions to the Hearsay Exclusionary Rule
5.3 Character and Similar Fact Evidence
5.3.1 Criminal Justice Act Provisions on Character Evidence
5.3.1.1 Gateways to Admitting Bad Character Evidence of a Defendant
5.3.1.2 Evidence of Motive
5.3.1.3 Evidence of Propensity
5.4 Defendant’s Good Character
5.5 Silence at the Police Station
5.5.1 Silence at the Trial
5.5.2 Silence on Arrest
5.5.3 Other Examples of Silence as Evidence
5.5.4 Privilege Against Self-Incrimination
5.6 Pre-Trial Applications
5.7 The Criminal Case Study
5.7.1 Exercise 1 (Bail)
5.7.2 Exercise 2 (Specific Disclosure)
5.7.3 Exercise 3 (Hearsay and Character Evidence)
Self-Reflection Checklist
References
Chapter 6 An Introduction to Civil Litigation
6.1 Introduction
6.2 Excluding Evidence
6.2.1 Illegally or Improperly Obtained Evidence
6.2.2 Character and Similar Fact Evidence
6.3 Admitting Evidence into the Proceedings
6.3.1 Hearsay
6.3.2 Admissions
6.4 Privilege Against Self-Incrimination
6.5 Interim Applications
6.5.1 Applicants
6.5.2 Respondents
6.6 The Civil Case Studies
6.6.1 Exercise 1 (Setting Aside Default Judgment)
6.6.2 Exercise 2 (Summary Judgment)
6.6.3 Exercise 3 (Interim Payment)
Self-Reflection Checklist
References
Chapter 7 An Introduction to Trials and Appeals
7.1 Introduction
7.2 An Introduction to Trials
7.2.1 Burden of Proof
7.2.1.1 Burden and Standard of Proof in Civil Proceedings
7.2.1.2 Burden and Standard of Proof in Criminal Trials
7.3 A Submission of ‘No Case to Answer’
7.4 Trial Bundles
7.5 Speeches
7.5.1 Opening Speeches
7.5.2 Closing Speeches
7.5.3 The Judge’s Summing-Up (Jury Trials only)
7.6 Verdicts and Judgments
7.6.1 Newton Hearings (Criminal Cases)
7.6.2 Sentencing (Criminal Cases)
7.6.3 Enforcement of Judgments (Civil Cases)
7.6.4 Costs
7.6.5 Finality of Litigation
7.7 An Introduction to Appeals
7.7.1 Appeals in Civil Proceedings
7.7.2 Appeals in Criminal Proceedings
7.7.3 Appeal Notice
7.7.4 Crown Court as an Appeal Court
7.7.5 Sources of Potential Miscarriages of Justice
7.8 The Post-Trial Case Studies
7.8.1 Exercise 1 (Sentencing)
7.8.2 Exercise 2 (Grounds of Appeal)
Self-Reflection Checklist
References
Appendix A
Table of Key Procedural Rules
Appendix B
Table of Evidential Rules
Part C: Knowledge Revealed
Suggested Answers for Chapter 1
Exercise A – Problem Question
Exercise B – Multiple Choice Tests
Test One
Test Two
Suggested Answers for Chapter 2
Exercise A – Problem Question
Exercise B – Multiple Choice Tests
Test One
Test Two
Suggested Answers for Chapter 3
Exercise A – Problem Question
Exercise B – Multiple Choice Tests
Test One
Test Two
Suggested Answers for Chapter 4
Exercise A – Problem Question
Exercise B – Multiple Choice Tests
Scenario One
Scenario Two
Suggested Answers for Chapter 5
Exercise 1 (Bail)
Exercise 2 (Specific Disclosure)
Exercise 3 (Hearsay and Character Evidence)
Hearsay Evidence of Callum Proustin
Character Evidence of Simon Montiana
Suggested Answers for Chapter 6
Exercise 1 Memorandum A – Setting Aside a Default Judgment
Exercise 2 Memorandum B – Summary Judgment
Exercise 3 Memorandum C – Interim Payments
Suggested Answers for Chapter 7
Exercise 1
Exercise 2
Index