Candidates receive a case study for a piece of courtroom advocacy. An email specifies the court and provides necessary details. Relevant documents are also provided if needed. During the advocacy, candidates might face questions.
Preparation Time
★ 45 minutes: Candidates have this time to review the case study, email, and any accompanying documents.
Advocacy Duration
★ 15 minutes: Candidates will make their submission to a judge who is present in the room.
Assessment Type
★ Skills and application of law: The judge will be played by a solicitor of England and Wales who will assess the candidate both on skills and application of law.
Objective
★ Candidates can demonstrate they are able to conduct a piece of advocacy before a judge.
Assessment Criteria
Ethics, professionalism and judgment
A1. Act honestly and with integrity
★ Recognising ethical issues and exercising effective judgment in addressing them.
★ Understanding and applying the ethical concepts which govern their role and behaviour as a lawyer.
★ Identifying the relevant SRA principles and rules of professional conduct and following them.
★ Resisting pressure to condone, ignore or commit unethical behaviour.
★ Respecting diversity and acting fairly and inclusively.
A2. Maintain the level of competence and legal knowledge
★ Taking responsibility for personal learning and development.
★ Reflecting on and learning from practice and learning from other people.
★ Accurately evaluating their strengths and limitations in relation to the demands of their work.
★ Maintaining an adequate and up-to-date understanding of relevant law, policy and practice.
★ Adapting practice to address developments in the delivery of legal services.
A3. Work within the limits of their competence
★ Disclosing when work is beyond their personal capability.
★ Recognising when they have made mistakes or are experiencing difficulties and taking appropriate action.
★ Seeking and making effective use of feedback, guidance and support where needed.
★ Knowing when to seek expert advice.
A4. Draw on a sufficient detailed knowledge and understanding
★ Identifying relevant legal principles.
★ Applying legal principles to factual issues, so as to produce a solution which best addresses a client's needs and reflects the client's commercial or personal circumstances.
★ Spotting issues that are outside their expertise and taking appropriate action, using both an awareness of a broad base of legal knowledge (insofar as relevant to their practice area) and detailed knowledge of their practice area.
A5. Apply understanding, critical thinking and analysis
★ Assessing information to identify key issues and risks.
★ Recognising inconsistencies and gaps in information.
★ Evaluating the quality and reliability of information.
★ Using multiple sources of information to make effective judgments.
★ Reaching reasoned decisions supported by relevant evidence.
Technical legal practice
B1. Obtain relevant facts
★ Obtaining relevant information through effective use of questioning and active listening.
★ Recognising when additional information is needed.
★ Interpreting and evaluating information obtained.
★ Recording and presenting information accurately and clearly.
B5. Undertake effective spoken and written advocacy
★ Preparing effectively by identifying and mastering relevant facts and legal principles.
★ Organising facts to support the argument or position.
★ Presenting a reasoned argument in a clear, logical, succinct and persuasive way.
★ Making appropriate reference to legal authority.
★ Complying with formalities.
★ Dealing with witnesses appropriately.
★ Responding effectively to questions or opposing arguments.
★ Identifying strengths and weaknesses from different parties' perspectives.
Working with other people
C1. Communicate clearly and effectively, orally and in writing
★ Ensuring that communication achieves its intended objective.
★ Responding to and addressing individual characteristics effectively and sensitively.
★ Using the most appropriate method and style of communication for the situation and the recipient(s).
★ Using clear, succinct and accurate language avoiding unnecessary technical terms.
★ Using formalities appropriate to the context and purpose of the communication.
★ Maintaining the confidentiality and security of communications.
★ Imparting any difficult or unwelcome news clearly and sensitively.
C3. Establish and maintain effective and professional relations with other people
★ Treating others with courtesy and respect.
★ Delegating tasks when appropriate to do so.
★ Supervising the work of others effectively.
★ Keeping colleagues informed of progress of work, including any risks or problems.
★ Acknowledging and engaging with others’ expertise when appropriate.
★ Being supportive of colleagues and offering advice and assistance when required.
★ Being clear about expectations.
★ Identifying, selecting and, where appropriate, managing external experts or consultants.
Managing themselves and their own work
D1. Initiate, plan, prioritise and manage work activities and projects
★ Clarifying instructions so as to agree the scope and objectives of the work.