SQE2 Advocacy & Persuasion 1 — Questions and Answers
Question 1: In SQE2 oral advocacy, a solicitor-advocate must always:
- Win the argument on all grounds submitted
- Not mislead the court, even if it disadvantages their client (Correct answer)
- Avoid disclosing adverse authorities if not raised by the other side
- Prioritise their client's wishes over all duties to the court
Correct answer: Not mislead the court, even if it disadvantages their client
The overriding duty to the court means a solicitor-advocate must never mislead the tribunal; they must draw the court's attention to binding adverse authorities even if not raised by the opponent.
Question 2: An effective opening speech in civil advocacy should:
- Set out all the evidence in exhaustive detail
- Clearly identify the issues, the client's case and the order sought (Correct answer)
- Challenge the opponent's witnesses before they give evidence
- Read from the witness statements in full
Correct answer: Clearly identify the issues, the client's case and the order sought
An opening speech frames the issues for the tribunal, summarises the factual and legal basis of the claim and tells the judge what order is sought, without pre-empting cross-examination.
Question 3: In cross-examination, leading questions are:
- Prohibited at all times
- Permitted because they suggest the desired answer and test the witness's position (Correct answer)
- Only permitted in family proceedings
- Permitted only for your own witnesses
Correct answer: Permitted because they suggest the desired answer and test the witness's position
Leading questions (those which suggest the answer) are the principal tool of cross-examination, allowing the advocate to challenge and test the opposing witness's evidence.
Question 4: The rule in Browne v Dunn requires that:
- Witnesses be sworn in before giving evidence
- An advocate must put their case to any witness whose evidence they intend to contradict (Correct answer)
- All documents must be agreed before trial
- Closing speeches are given before witness evidence
Correct answer: An advocate must put their case to any witness whose evidence they intend to contradict
The rule in Browne v Dunn obliges advocates to challenge witnesses on disputed matters during cross-examination; failure to do so may preclude later submissions contradicting that evidence.
Question 5: When citing an unreported case in court, an advocate should:
- Decline to use it as it has no precedent value
- Obtain the permission of the court and provide the judgment in approved form (Correct answer)
- Use it freely without notification
- Only cite it if the other party agrees
Correct answer: Obtain the permission of the court and provide the judgment in approved form
Practice Direction 40E requires advocates to seek permission when citing unreported cases and to provide copies of the judgment in the approved format for the court's benefit.
Question 6: Closing submissions in advocacy should:
- Introduce new evidence not adduced during trial
- Analyse the evidence as presented and apply it to the legal issues (Correct answer)
- Repeat the opening speech verbatim
- Be confined to purely legal arguments without reference to the facts
Correct answer: Analyse the evidence as presented and apply it to the legal issues
Closing submissions synthesise the evidence heard at trial, apply the law to the established facts and persuade the tribunal why the client's case should succeed.
SQE2 Advocacy & Persuasion 1
In SQE2 oral advocacy, a solicitor-advocate must always: