Please enable JavaScript.
Coggle requires JavaScript to display documents.
Advocacy - SQE2 - Coggle Diagram
Advocacy - SQE2
Skills (7) - IMPORTANT - INCLUDING ALL RELEVANT FACTS
Do NOT MISLEAD THE COURT by presenting the key facts incorrectly or omitting key facts
Develop a technique for ensuring that, as part of your presentation, you do not omit any relevant facts, and state the relevant facts correctly
Write down the decision you want the judge to make and the reason this is the correct decision - (Case Presentation theory - eg summary judgement should be granted to the claimant because there is no real prospect of success for the defnece)
Record all facts which support your case presentation theory - eg goods are of satisfactory quality.
Make specific references to the facts as you make your submissions; eg by
referring to the page/paragraph number
and the document in which the facts appear
Record all facts which OPPOSE your case presentation theory, and then come up with
REBUTTALS
to each (good fact/bad fact analysis)
Once you complete this analysis, ensure you incorporate all the good and bad facts into your submissions ot the judge
Skills (2) - Appropriate Behaviour
Calm, assertive manner
Do not interrupt the judge
Do not make excessive hand gestures (can distract judge)
If the judge asks a question:
Most judge questions come at the end of your advocacy, and they’re likely asking it because you have done of the below and they want to give you a chance to address it
They think you have omitted something relevant; or
Have explained something incorrectly
The Judge may also ask a question just to see how you respond and react. Do NOT assume that just because you answered it in your submission that the judge did not listen; just answer the question again
Don't ask the judge questions unless
You need clarification on their question
You want to know whether they need a brief summary of facts
DO NOT REFER TO THE ATTENDANCE NOTE in the context of 'you can see on page 1 of the attendance note'. You can use info from it but the JUDGE DOES NOT HAVE ACCESS TO IT
PREPARATION ORDER - don't confuse with PRESENTATION ORDER
Read through your instructions
Write out, on paper, what you need to cover in advocacy
Identify and note down the relevant legal test which governs the Court’s power to grant your application
Once you’ve identified the test, skim the rest of the papers to find the points which help you
Do not assume that the argument sare set out in your papers; you may need to draw points together to make a good argument
Make NOTES to summarise the submissions you’ll make to demonstrate to the court your client has met the test
Outline the relevant facts and law for each submission
To establish the facts, you need to take the judge to the relevant passage from the witness statements given to you
You need to be able to do this quickly; ie no undue hesitation or rooting around in the paperwork
Make NOTES from the facts to summarise the submissions you’ll make to demonstrate to the court your client has met the test
Note; do NOT write out your argument in full; your job is advocacy, not to read out a prepared note
Skills (5) - Persuasive Arguments
Imagine you are the judge and want to write up your judgement/decide the case
To do this, you ideally want to find some key propositions of law and fact, showing the evidence in favour of the legal test is satisfied, leading to the inescapable conclusion that you should decide in the advocate’s favour
Ensure submissions are
succinct
and
let judge note down key points
Signpost your presentations
clearly say ‘I
request
you
order summary judgement in the claimant
/Mr Fox’s favour for 3 reasons’ (recall - NOT ‘my client Mr Fox or my client’s)
Finish with a clear conclusion linked to the outcome you’re seeking; best done by making it clear what power the judge has to grant your application, and asking them to grant hte order you’re seeking
Skills (1) - Appropriate Language
Vary intonation
Should be
clear
from
voice **
what points are most important**
Do not
use personal language
Eg; NOT 'I think': instead
Instead use: 'I submit -> the claimant's application should succeed for the following reasons'
Say: "Mr Fox/Claimant; NOT my client"
Claimant/Defendant/Respondent/Appellant/Mr
Stick to the
facts
and
law
- no opinions
Address the judges correctly
Skills (4) - Appropriate engagement with Court
Eye contact with Judge -
don't just stare at your notes
Link your points together
Use
short, active voice sentences
Open body language, non-defensive manner
Take a deep breath, acknowledge the Judge's question is a good one, and answer it without a trace of irritation to the judge, maintaining a neutral demeanour
Skills (3) - Clear and Logical Structure
General Structure
State the nature of the application and who you're representing
(a) Judge, I am representing the claimant Mr Smith today in an application for summary judgement
(b) Say ‘if it please the Court, I will provide a brief summary of how the matter comes before you today’
Facts presented should be
uncontested
Check the judge has all the relevant paperwork before them, listing each document that should be before the court.
You should have before you the following documents: [X], [Y] and [Z].
State what powers the court has to deal with the application.
As you will be aware, the court’s power to grant this application is governed by [X].
Set out the
legal test
, then
evidence
, then
how it links to the legal test
‘Judge, in my submission the defence that the respondent has raised has no real prospect of success for three reasons
Set out the legal test, then provide the evidence, showing the judge it (the evidence - ie telling them where it is)
Outline the relevant law - ie outline any points which you haven’t addressed previously - eg if the defendant raises the defence of agency/duress which you say is misconceived
Summarise key arguments and remind the judge what the application is for
Set out the outline of the 3 arguments you will be making
Judge, the relevant law is … then address the SUBSTANTIVE, and then the PROCEDURAL law