SQE2 Advocacy — Questions and Answers
Question 1: When making an opening speech in a civil trial, what is the primary purpose of the advocate's address?
- To argue the legal merits of the case in detail
- To outline the facts of the case, identify the issues, and explain what the evidence will show (Correct answer)
- To cross-examine the opposing party's witnesses
- To request an adjournment
Correct answer: To outline the facts of the case, identify the issues, and explain what the evidence will show
The opening speech provides the court with a roadmap of the case. The advocate outlines the relevant facts, identifies the key issues in dispute, and explains what the evidence will demonstrate. Detailed legal argument is typically reserved for closing submissions.
Question 2: During cross-examination, an advocate should avoid asking which type of question?
- Leading questions
- Open-ended questions that allow the witness to give a narrative answer (Correct answer)
- Questions that challenge the witness's credibility
- Questions about prior inconsistent statements
Correct answer: Open-ended questions that allow the witness to give a narrative answer
In cross-examination, advocates should use closed and leading questions to control the witness and the information elicited. Open-ended questions allow the witness to give narrative answers that may be unhelpful or damaging to the cross-examiner's case.
Question 3: What is the 'cab rank rule' applicable to barristers, and does it apply to solicitor-advocates?
- It requires barristers to accept any brief in their area of competence, and it applies equally to solicitor-advocates
- It requires barristers to accept any brief in their area of competence at a proper fee, but it does not apply to solicitor-advocates (Correct answer)
- It allows barristers to refuse any case without reason
- It only applies to criminal cases
Correct answer: It requires barristers to accept any brief in their area of competence at a proper fee, but it does not apply to solicitor-advocates
The cab rank rule requires barristers to accept any brief in their field of practice at a proper fee, regardless of the nature of the case or the client. This rule does not apply to solicitor-advocates, who have greater discretion in choosing which cases to accept.
Question 4: An advocate discovers during trial that their client has given perjured evidence. What must the advocate do?
- Continue as if nothing has happened to protect the client
- Advise the client that they cannot continue to act if the client insists on maintaining the false evidence, and inform the court if necessary (Correct answer)
- Immediately announce to the court that the client has lied
- Ask the court for a recess to fabricate alternative evidence
Correct answer: Advise the client that they cannot continue to act if the client insists on maintaining the false evidence, and inform the court if necessary
The advocate must not mislead the court. They should advise the client privately that they cannot continue acting if the perjury is maintained. If the client refuses to correct the position, the advocate should withdraw from the case rather than participate in misleading the court.
Question 5: In a magistrates' court, when making a plea in mitigation, which of the following should an advocate address?
- Only the defendant's financial circumstances
- The circumstances of the offence, the defendant's personal circumstances, and any relevant mitigating factors from the sentencing guidelines (Correct answer)
- Only the sentencing guidelines
- Only character references
Correct answer: The circumstances of the offence, the defendant's personal circumstances, and any relevant mitigating factors from the sentencing guidelines
An effective plea in mitigation covers the circumstances of the offence (how it compares to the sentencing guidelines), the defendant's personal circumstances (employment, family, health), and any relevant mitigating factors such as remorse, cooperation, and good character.
Question 6: What is the purpose of a skeleton argument in civil proceedings?
- To replace the need for oral submissions entirely
- To set out in advance the main legal and factual arguments, with references to authorities and evidence (Correct answer)
- To provide a personal statement from the client
- To list all documents in the trial bundle
Correct answer: To set out in advance the main legal and factual arguments, with references to authorities and evidence
A skeleton argument is a written summary of the party's key arguments, including references to relevant case law, statutory provisions, and evidence. It assists the court in understanding the issues before oral argument and is required by the Civil Procedure Rules for most hearings.
SQE2 Advocacy
When making an opening speech in a civil trial, what is the primary purpose of the advocate's address?