Advocacy for SQE2

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.

• PART AIntroductionChapter 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 Misconduct1.5.2 Solicitors’ Disciplinary Tribunal1.5.3 The Role of the SRA1.5.4 SRA Enforcement Strategy1.5.5 SanctionsIn Summary SectionCase in the SpotlightPractice TipsPractice RisksExercisesSelf-Reflection ChecklistReferencesChapter Two - DEVELOPING SKILLS OF CASE PLANNING AND ANALYSIS: EFFECTIVE PREPARATION, RESEARCH SKILLS AND STRATEGY INTRODUCTION FACT FINDING 2.1.2 Interview skills2.1.3 Identify the client’s goals2.1.4 Know the History of Your case Identify the Issues OBTAINING ADDITIONAL DOCUMENTS AND MATERIALS 2.2.1 Obtaining Expert Evidence2.2.2 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 SectionCase in the SpotlightPractice TipsPractice RisksExercisesSelf-Reflection ChecklistReferencesChapter Three - COMMUNICATING WITH OTHERS: EFFECTIVE COMMUNICATION AND WRITTEN SKILLS INTRODUCTION EFFECTIVE WRITING AND DRAFTING Drafting Case Documents (‘Statements of Case’) 3.2 WRITING SKILLS3.2.1 Letter Writing Skills3.2.2 Writing Emails3.2.3 Note-Taking for Record Purposes3.4 EFFECTIVE COMMUNICATION SKILLS3.4.1 Court Communication Etiquette3.4.2 Communication Through Appearance3.4.3 Communicating with Vulnerable Clients and Witnesses Communicating with Vulnerable Clients and Witnesses EFFECTIVE ADVOCACY 3.5.1 Know Your Audience3.5.2 Oral Presentation3.5.3 Use of Voice3.5.4 Content3.5.5 Body Language3.5.6 Persuasion How to Formulate Legal Arguments TRIAL QUESTIONING 3.6.1 Examination-in-chief3.6.2 Cross-Examination3.6.3 Re-Examination3.6.4 Questioning Special Groups3.6.4.1 Defendant in criminal proceedings3.6.4.2 Spouses3.6.4.3 Children3.6.4.4 Hostile Witnesses3.6.4.5 Protected Witnesses3.6.5 Challenging a Witness’s Credibility In Summary SectionCase in the SpotlightPractice TipsPractice RisksExercisesSelf-Reflection ChecklistReferencesChapter Four - BUILDING RELATIONSHIPS: WORKING WITH OTHERS IN A PROFESSIONAL CAPACITY INTRODUCTION TREATING CLIENTS WITH COURTESY AND RESPECT 4.1.2 Promote Equality, Diversity and Inclusion4.1.3 Building Trust and Empathy4.1.4 Handling Sensitive Situations4.2 PROGRESSING THE CLIENT’S CASE4.2.1 Vulnerable Clients Disagreements with the Client MAINTAINING EFFECTIVE AND PROFESSIONAL RELATIONSHIPS WITH THE COURT 4.3.1 Rights of Audience4.3.2 Courtroom Etiquette4.3.3 Advocate’s Responsibilities to the Court4.3.4 Upholding Undertakings Given to the Court4.3.5 The Overriding Objectives4.3.6 Adhering to Time Limits4.3.7 Privilege and Public Interest Immunity4.3.8 Observing Evidential Rules in Court4.3.9 Respecting the Hierarchy of the Courts and its Precedents4.3.10 The Courts’ Jurisdiction4.3.11 The Role of the Jury4.4 MAINTAINING EFFECTIVE AND PROFESSIONAL RELATIONSHIPS WITH WITNESSES4.4.1 Competent and Compellable Witnesses4.4.2 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 FRIENDSIn Summary SectionCase in the SpotlightPractice TipsPractice RisksExercisesSelf-Reflection ChecklistReferencesPART BChapter Five - AN INTRODUCTION TO CRIMINAL LITIGATION5. INTRODUCTION5.1 EXCLUDING EVIDENCE5.1.1 Illegally or Improperly Obtained Evidence5.1.2 Confessions5.1.3 Criminal Justice Act Provisions on Hearsay5.1.3.1 Exceptions to the Hearsay Exclusionary Rule5.2 CHARACTER AND SIMILAR FACT EVIDENCE5.2.1 Criminal Justice Act Provisions on Character Evidence5.2.1.1 Gateways to Admitting Bad Character Evidence of a Defendant5.2.1.2 Evidence of Motive5.2.1.3 Evidence of Propensity5.3 Defendant’s Good Character5.4 Silence at the police station5.4.1 Silence at the Trial5.4.2 Silence on Arrest5.4.3 Other Examples of Silence as Evidence5.4.4 Privilege Against Self-Incrimination5.5 PRE-TRIAL APPLICATIONS5.6 THE CRIMINAL CASE STUDY5.6.1 Exercise 1 (Bail)5.6.2 Exercise 2 (Specific Disclosure)5.6.3 Exercise 3 (Hearsay and Character Evidence)Self-Reflection ChecklistReferencesChapter 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 ChecklistReferences 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 BUNDLES7.4 Opening Speeches7.4.1. Closing Speeches7.4.2. The Judge’s Summing-Up (Jury Trials only)7.5 VERDICTS AND JUDGMENTS7.5.1 Newton Hearings (criminal cases)7.5.2 Sentencing (criminal cases)7.5.3. Enforcement of Judgments (civil cases)7.5.4. Costs7.5.5. 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 ChecklistReferencesAppendix ATable of Key Procedural RulesAppendix BTable of Key Evidential RulesPART CSuggested Answers for Part A chapter oneSuggested Answers for Part A chapter twoSuggested Answers for Part A chapter threeSuggested Answers for Part A chapter fourSuggested Answers for Part B chapter fiveSuggested Answers for Part B chapter sixSuggested Answers for Part B chapter seven