SQE2 Advocacy

Question 1

When making an opening speech in a civil trial, what is the primary purpose of the advocate's address?

Accepted Answer

To outline the facts of the case, identify the issues, and explain what the evidence will show

Answer

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?

Accepted Answer

Open-ended questions that allow the witness to give a narrative answer

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?

Accepted 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

Answer

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?

Accepted 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

Answer

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?

Accepted Answer

The circumstances of the offence, the defendant's personal circumstances, and any relevant mitigating factors from the sentencing guidelines

Answer

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.

SQE2 Practice Test

SQE2 Practice Test

SQE2 Advocacy