Advocacy & Persuasion Flashcards

In SQE2 oral advocacy, a solicitor-advocate must always:

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.

An effective opening speech in civil advocacy should:

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.

In cross-examination, leading questions are:

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.

The rule in Browne v Dunn requires that:

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.

When citing an unreported case in court, an advocate should:

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.

Closing submissions in advocacy should:

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.