SQE2 ADVOCACY ASSESSMENT EXAM NOTES
Overview of Assessment
• Exam times
o 45 minutes to prepare
o 15 minutes to make submission
o Assessed on skill and application of relevant law
o Likely to asked questions
• Dress Code
o Clothing suitable for a business environment
o Will be expected to stand to deliver submissions
• Areas assessed
o Criminal litigation including advising clients at police station
o Dispute resolution
o Contract law
o Tort law
o Criminal law
• Criminal Litigation Advocacy Assessment will be set in the Magistrates Court
o Modes of Address:
▪ District Judge = ‘Judge’
▪ Chairperson of law Magistrates = Sir/ Madam
• Addressing Civil Judges
o ‘Judge’ = Masters of HC, DJ of HC and CC
▪ Usual to sit while addressing
o CC Circuit Judge = ‘Your Honour’
▪ Usual to stand while addressing
Preparation (45mins)
• Initial read through
o answer initial key questions :
▪ Which party do I represent?
• Prosecution or defence? Claimant or defendant? Applicant or respondent?
▪ What type of hearing is this?
• Bail application? Case Management Conference? Application for a summary judgment? Or for a
stay?
▪ Which court will I be appearing in?
• High Court? County Court? Magistrates’ court?
▪ What (factual and legal) issues have I been instructed to deal with?
▪ Are there any issues which I have been instructed to ignore?
▪ Do any ethical or professional conduct issues arise?
▪ What is the story?
o May be instructed to deal with more than 1 issue at the hearing
• Analysis
o May be helpful to approach in the order below:
▪ The law
• May be provided some law e.g. sentencing guidelines
• Identify & apply only law that is relevant to advocacy piece
• Unlikely to be provided with all the law required → will need to remember some legal &
procedural rules
, • Not usually required to cite specific CPR provisions
o Should be able to recall relevant tests e.g. for summary judgement
• Should not be required to recall specific case names but may be provided with a case/ extract
from one as part of assessment materials
o Need to consider whether case supports/ detracts from client’s position & prepare arguments
on this basis
o Can highlight similarities between facts of case & those of case study OR distinguish them
o If case is contrary to client’s position, must still draw it to court’s attention
▪ The facts
• May be useful to prepare brief chronology of key events
• Chronology should end with procedural steps taken so far
• If parties have given different version of facts, should flag this up on chronology so you are clear
about where any conflicts of evidence are likely to arise
• Once have events clear in mind, can begin to sift through info to find facts to support legal test/
principle which you have identified.
▪ Identify any gaps and inconsistencies in the facts
• Once clear about facts, take step bac & consider whether anything is missing
• When analysing facts, pay attention to what is not there as well as what is
o Looking for situations where might expect a person to say/ do a particular thing if their account
of events is correct BUT THEY DON’T DO SO
o Recognising inconsistencies and gaps in info forms part of SOSC
▪ Link the facts to the law
• When analysing facts, should begin to organise them so they support your argument/ position
o SRA performance indicator = must refer to sufficient relevant facts to support submissions
• Bullet point facts next to each legal point intend to make
• Another approach = in relation to each legal issue, list which facts support client’s case and
which undermine opponent’s case
▪ Identify any strengths & weaknesses
• Having established framework of legal principles & facts, now start to widen analysis to identify
strengths and weaknesses of parties’ positions
• Weaknesses in client’s case
o Anticipate and defuse any arguments which opponent might advance
o Don’t ignore allegations – deploy available evidence to demonstrate why case is reasonable
o EXAMPLE SUBMISSION in D’s application to set aside default judgment with 7 day delay in
making the application
Judge, the claimant will no doubt argue that the application to set aside the judgment in default
was not made promptly and that, in those circumstances, the court should not exercise its
discretion to set aside the judgment. However, as is clear from paragraph 3 of the defendant’s
witness statement, the default judgment did not reach her until (day 2) which was a Saturday. In
paragraph 4, the defendant states that she contacted her solicitor on the Monday (day 4) but
due to her work commitments was unable to meet with her until Wednesday (day 6). As is
evidenced in paragraph 5, the defendant’s application was made the following day (day 7). The
application was therefore made within 4 working days of the defendant receiving the judgment
in default. In the circumstances, I submit that the application to set aside judgment in default
was made promptly.
▪ Structure submissions
,Basic Oral Advocacy – how to present your case
• Cannot simply write something out and read it to assessor → insufficient to pass
• Must impart information to judge/ tribunal that they don’t already know
• Don’t repeat what court already knows unless its to emphasise/ persuade court of something
• When impart information to court, must understand what it is you’re telling court
• What is said should be clear and direct → no mumbling or distractions
• Language should be precise → court must not be confused as to what you’re saying
o Use simple, plain and easily understandable language when available
• Be concise
o Don’t repeat what have already said unless particularly want to stress something
o The shorter the advocacy the better
o Don’t ignore important points
• Persuasive → convince court to undertake your desired course of action
o Use facts to assist you & minimise impact of facts that don’t
• Never lie or knowingly mislead court
• Not impartial → represent one side that is diametrically opposed to other
Submissions
• Submission = the argument which advocate puts forward to court & gives the facts their persuasive spin
• Demonstrate competence by making clear & articulate admissions which are easily understood by judge
• Should always be clear to judge why you are presenting a particular fact.
• Each fact put forward should have a purpose, should be linked to a relevant legal issue & what you are
trying to prove.
o Use words ‘and so..’ to link fact/ collection of facts to legal argument
o Other useful expressions = therefore, in the circumstances, for these reasons, … amount to reasons why…
• Structure
o Having clear structure for advocacy is key
o Help judge & keep them engaged more easily if adopt clear structure using regular signposts
o Rule of thumb = set out what you are going to say, then say it then summarise 9if necessary) & tie the point
into what you are asking court to do
o During advocacy, should regularly check back in with structure & signpost that you are moving on to next
stage e.g. ‘Judge, I shall now turn to the second ground…’
o Golden rule = at any given point during advocacy, should be clear to judge how point you are making fits
into overall structure
o Likely to be more than one issue to address
▪ Make list of all issues and incorporate all into structure
▪ Take care to address all limbs of any relevant legal test
o Pattern which can generally be followed/ adapted:
▪ Grounds for application/ objection
▪ In relation to each ground:
• List relevant issues which may include substantive &/ procedural law
• Apply relevant facts
• Summarise/ draw conclusions, as appropriate
▪ Conclude & signal submissions are finished.
, Advocacy plan
• Notes of proposed submission
• Don’t prepare script → makes advocacy less engaging, not able to maintain eye contact with judge
• Advocate must be able to adapt to unexpected
o Judge may intervene by suddenly asking a question on a particular issue or for the location of a particular
piece of evidence in a document OR may want to deal with matters in a particular order which hadn’t
been anticipated.
• Prepare advocacy plan → set out main points which you need to cover as headings, with bullet points
beneath each one
o Use as checklist as you go through
o Include abbreviated references to the relevant documents
Ethics and professional conduct
• SRA Principles makes it clear that should principles come into conflict, those which safeguard the wider
public interest take precedence over an individual client’s interest
• Solicitor should where relevant, inform client of circumstances in which solicitor’s duty to court & other
professional obligations outweigh their duty to client
• Don’t mislead/ attempt to mislead your clients, the court/ others by own acts/ omissions or allowing/ being
complicit in acts/ omissions of others, including your client
Courtroom etiquette
• Addressing the court
o Some further rules to follow when speaking in court:
▪ Maintain eye contact with judge
• Good for rapport with judge
• Makes you appear confident in what you’re saying
▪ Stay still → don’t sway side to side
▪ Stand/ sit up straight
▪ Don’t speak with hands in front of your face → common mannerism when speaker is nervous
▪ Keep hands & arms still within reason
▪ Avoid annoying mannerisms e.g. clicking pen, fiddling with glasses
▪ If hands shake when nervous, don’t hold piece of paper → try to keep notes on table or anchor writs/
arms on desk
• Language
o When describing opponent’s case, use neutral words e.g. claims/ assets/ contends
o If want to introduce opposing POV = it is the prosecution’s case that …/ the defendant disputes that…
o Language used should always be measured & avoid emotive e.g. heart-breaking/ exaggerated e.g. gigantic
o Never give evidence yourself/ offer own opinion
o Often necessary to put client’s views to court
▪ In civil applications = I am instructed that/ my instructions are
• NOT TO BE USED IN CRIMINAL CASES → interpreted as coded messages that advocate doesn’t
believe what client is saying
▪ In criminal cases = I have discussed this with my client and he wants you to know …/ my client wishes
me to inform you
o When persuading court to adopt your view on a case = in my submission/ I submit … / I would seek to
persuade you…/ if I may address you…
o REMEMBER = only opinion that counts is the opinion of the court
• Pacing your delivery
o Speak slowly in clear, low tine
Overview of Assessment
• Exam times
o 45 minutes to prepare
o 15 minutes to make submission
o Assessed on skill and application of relevant law
o Likely to asked questions
• Dress Code
o Clothing suitable for a business environment
o Will be expected to stand to deliver submissions
• Areas assessed
o Criminal litigation including advising clients at police station
o Dispute resolution
o Contract law
o Tort law
o Criminal law
• Criminal Litigation Advocacy Assessment will be set in the Magistrates Court
o Modes of Address:
▪ District Judge = ‘Judge’
▪ Chairperson of law Magistrates = Sir/ Madam
• Addressing Civil Judges
o ‘Judge’ = Masters of HC, DJ of HC and CC
▪ Usual to sit while addressing
o CC Circuit Judge = ‘Your Honour’
▪ Usual to stand while addressing
Preparation (45mins)
• Initial read through
o answer initial key questions :
▪ Which party do I represent?
• Prosecution or defence? Claimant or defendant? Applicant or respondent?
▪ What type of hearing is this?
• Bail application? Case Management Conference? Application for a summary judgment? Or for a
stay?
▪ Which court will I be appearing in?
• High Court? County Court? Magistrates’ court?
▪ What (factual and legal) issues have I been instructed to deal with?
▪ Are there any issues which I have been instructed to ignore?
▪ Do any ethical or professional conduct issues arise?
▪ What is the story?
o May be instructed to deal with more than 1 issue at the hearing
• Analysis
o May be helpful to approach in the order below:
▪ The law
• May be provided some law e.g. sentencing guidelines
• Identify & apply only law that is relevant to advocacy piece
• Unlikely to be provided with all the law required → will need to remember some legal &
procedural rules
, • Not usually required to cite specific CPR provisions
o Should be able to recall relevant tests e.g. for summary judgement
• Should not be required to recall specific case names but may be provided with a case/ extract
from one as part of assessment materials
o Need to consider whether case supports/ detracts from client’s position & prepare arguments
on this basis
o Can highlight similarities between facts of case & those of case study OR distinguish them
o If case is contrary to client’s position, must still draw it to court’s attention
▪ The facts
• May be useful to prepare brief chronology of key events
• Chronology should end with procedural steps taken so far
• If parties have given different version of facts, should flag this up on chronology so you are clear
about where any conflicts of evidence are likely to arise
• Once have events clear in mind, can begin to sift through info to find facts to support legal test/
principle which you have identified.
▪ Identify any gaps and inconsistencies in the facts
• Once clear about facts, take step bac & consider whether anything is missing
• When analysing facts, pay attention to what is not there as well as what is
o Looking for situations where might expect a person to say/ do a particular thing if their account
of events is correct BUT THEY DON’T DO SO
o Recognising inconsistencies and gaps in info forms part of SOSC
▪ Link the facts to the law
• When analysing facts, should begin to organise them so they support your argument/ position
o SRA performance indicator = must refer to sufficient relevant facts to support submissions
• Bullet point facts next to each legal point intend to make
• Another approach = in relation to each legal issue, list which facts support client’s case and
which undermine opponent’s case
▪ Identify any strengths & weaknesses
• Having established framework of legal principles & facts, now start to widen analysis to identify
strengths and weaknesses of parties’ positions
• Weaknesses in client’s case
o Anticipate and defuse any arguments which opponent might advance
o Don’t ignore allegations – deploy available evidence to demonstrate why case is reasonable
o EXAMPLE SUBMISSION in D’s application to set aside default judgment with 7 day delay in
making the application
Judge, the claimant will no doubt argue that the application to set aside the judgment in default
was not made promptly and that, in those circumstances, the court should not exercise its
discretion to set aside the judgment. However, as is clear from paragraph 3 of the defendant’s
witness statement, the default judgment did not reach her until (day 2) which was a Saturday. In
paragraph 4, the defendant states that she contacted her solicitor on the Monday (day 4) but
due to her work commitments was unable to meet with her until Wednesday (day 6). As is
evidenced in paragraph 5, the defendant’s application was made the following day (day 7). The
application was therefore made within 4 working days of the defendant receiving the judgment
in default. In the circumstances, I submit that the application to set aside judgment in default
was made promptly.
▪ Structure submissions
,Basic Oral Advocacy – how to present your case
• Cannot simply write something out and read it to assessor → insufficient to pass
• Must impart information to judge/ tribunal that they don’t already know
• Don’t repeat what court already knows unless its to emphasise/ persuade court of something
• When impart information to court, must understand what it is you’re telling court
• What is said should be clear and direct → no mumbling or distractions
• Language should be precise → court must not be confused as to what you’re saying
o Use simple, plain and easily understandable language when available
• Be concise
o Don’t repeat what have already said unless particularly want to stress something
o The shorter the advocacy the better
o Don’t ignore important points
• Persuasive → convince court to undertake your desired course of action
o Use facts to assist you & minimise impact of facts that don’t
• Never lie or knowingly mislead court
• Not impartial → represent one side that is diametrically opposed to other
Submissions
• Submission = the argument which advocate puts forward to court & gives the facts their persuasive spin
• Demonstrate competence by making clear & articulate admissions which are easily understood by judge
• Should always be clear to judge why you are presenting a particular fact.
• Each fact put forward should have a purpose, should be linked to a relevant legal issue & what you are
trying to prove.
o Use words ‘and so..’ to link fact/ collection of facts to legal argument
o Other useful expressions = therefore, in the circumstances, for these reasons, … amount to reasons why…
• Structure
o Having clear structure for advocacy is key
o Help judge & keep them engaged more easily if adopt clear structure using regular signposts
o Rule of thumb = set out what you are going to say, then say it then summarise 9if necessary) & tie the point
into what you are asking court to do
o During advocacy, should regularly check back in with structure & signpost that you are moving on to next
stage e.g. ‘Judge, I shall now turn to the second ground…’
o Golden rule = at any given point during advocacy, should be clear to judge how point you are making fits
into overall structure
o Likely to be more than one issue to address
▪ Make list of all issues and incorporate all into structure
▪ Take care to address all limbs of any relevant legal test
o Pattern which can generally be followed/ adapted:
▪ Grounds for application/ objection
▪ In relation to each ground:
• List relevant issues which may include substantive &/ procedural law
• Apply relevant facts
• Summarise/ draw conclusions, as appropriate
▪ Conclude & signal submissions are finished.
, Advocacy plan
• Notes of proposed submission
• Don’t prepare script → makes advocacy less engaging, not able to maintain eye contact with judge
• Advocate must be able to adapt to unexpected
o Judge may intervene by suddenly asking a question on a particular issue or for the location of a particular
piece of evidence in a document OR may want to deal with matters in a particular order which hadn’t
been anticipated.
• Prepare advocacy plan → set out main points which you need to cover as headings, with bullet points
beneath each one
o Use as checklist as you go through
o Include abbreviated references to the relevant documents
Ethics and professional conduct
• SRA Principles makes it clear that should principles come into conflict, those which safeguard the wider
public interest take precedence over an individual client’s interest
• Solicitor should where relevant, inform client of circumstances in which solicitor’s duty to court & other
professional obligations outweigh their duty to client
• Don’t mislead/ attempt to mislead your clients, the court/ others by own acts/ omissions or allowing/ being
complicit in acts/ omissions of others, including your client
Courtroom etiquette
• Addressing the court
o Some further rules to follow when speaking in court:
▪ Maintain eye contact with judge
• Good for rapport with judge
• Makes you appear confident in what you’re saying
▪ Stay still → don’t sway side to side
▪ Stand/ sit up straight
▪ Don’t speak with hands in front of your face → common mannerism when speaker is nervous
▪ Keep hands & arms still within reason
▪ Avoid annoying mannerisms e.g. clicking pen, fiddling with glasses
▪ If hands shake when nervous, don’t hold piece of paper → try to keep notes on table or anchor writs/
arms on desk
• Language
o When describing opponent’s case, use neutral words e.g. claims/ assets/ contends
o If want to introduce opposing POV = it is the prosecution’s case that …/ the defendant disputes that…
o Language used should always be measured & avoid emotive e.g. heart-breaking/ exaggerated e.g. gigantic
o Never give evidence yourself/ offer own opinion
o Often necessary to put client’s views to court
▪ In civil applications = I am instructed that/ my instructions are
• NOT TO BE USED IN CRIMINAL CASES → interpreted as coded messages that advocate doesn’t
believe what client is saying
▪ In criminal cases = I have discussed this with my client and he wants you to know …/ my client wishes
me to inform you
o When persuading court to adopt your view on a case = in my submission/ I submit … / I would seek to
persuade you…/ if I may address you…
o REMEMBER = only opinion that counts is the opinion of the court
• Pacing your delivery
o Speak slowly in clear, low tine
