Module P17 - Higher Rights Advocacy Course


Programme

Time

-

Activity

Type of activity

Day 1

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-

-

0915-0930

1

Registration

-

0930-1030

2

Evidence: Burden and standards of proof and the differing roles of judge and jury, hearsay evidence including being able to identify hearsay evidence, recognise when it may be admissible, how it may be admitted and its evidential value when adduced, documentary hearsay including laying the evidence for documentary hearsay, any formal requirements and time limits, similar fact and character evidence including being able to recognise when similar fact and character evidence is appropriate as evidence.

Tutor led session

1030-1145

3

Opinion evidence: Opinion and expert evidence including when and to what extent opinion and expert evidence is admissible. Group work tasks dealing with opinion evidence.

Group Work session

1100-1115

4

Coffee during session

-

1145-1215

5

Drafting: Statements of case, skeleton arguments and trial strategy plans

Tutor led session

1215-1245

6

Drafting Exercise: Delegates will work on drafting exercise.

Group Work session

1245

7

Statements of Case: The tutor will hand out statements of case

-

1245-1300

8

Explanation of homework

Tutor led session

1300

9

END OF MODULE 1

-

Homework

10

Homework following Module 1: Read the trial case study and the submission case study and complete sections A1 (Trial Case Analysis), B1 (Submission Analysis) of the Workbook and C (Equality and diversity) (Allow 5 hours)

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Day 2

-

-

-

0915-0930

11

Registration

-

0930-1000

12

Sources: Solicitors' Code of Conduct 2007 [SRA Code of Conduct 2011] and in particular rule 1 - Core duties, [Principles] rule 2.01(1)(b) - competence to deal with a matter, [Outcome 1.4] and rule 11 - Litigation and advocacy [Chapter 5]. Bar Standards Board's Code of Conduct 2008.

Tutor led session

1000-1045

13

Specific Conduct Rules: Advise the client on suitable representation at court including the possibility of instructing a barrister or a solicitor higher court advocate not from his/her own firm or practice, resolve issues arising from unintentional or inadvertent disclosure of confidential or privileged information, resolve potential and actual conflicts including conflicts arising between the advocate's duty owed to the client and the advocate's duty to the Court, advise on potential conflicts between acting as an advocate for a client and becoming a potential witness for that client, recognise when an advocate may become professionally embarrassed and have to withdraw from a case, advise the client of the advocate's need to maintain professional independence and the associated need to draw any unfavourable law of which the advocate is aware to the attention of the court and comply with courtroom etiquette.

Tutor led session

1045-1100

14

Coffee (during session)

-

1045-1145

15

Professional Conduct: Discussion problems concerning conduct issues in an advocacy context.

Group Work session

1145-1245

16

Drafting: Statements of case, skeleton arguments and trial strategy plans with drafting exercises.

Tutor led session

1245

17

END OF MODULE 2

-

Homework

18

Homework following Module 2: Complete Part A2 (Facts to be elicited and put at trial), Part B2 (Structuring of submission) and Part D (Alternative dispute resolution) in the Advocacy Workbook. (Allow 4 hours)

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Day 3

-

-

-

0915-0930

19

Registration

-

0930-1015

20

Submissions: Preparation of coherent skeleton arguments and necessary supporting documents and supplying the court with copies of the relevant law, presenting legal argument to the court accurately citing only relevant and material law where necessary, responding to interventions by the court and developing legal argument, responding to the opponent's legal arguments and develop appropriate legal argument in the light of these, presenting the case in detail as required by the court and being able to respond to any application as well as interventions by the court.

Tutor led session

1015-1030

21

Documents: Disclosure, including issues relating to confidentiality, privilege and public interest immunity, improperly obtained evidence including being aware of how evidence has been obtained, the evidential constraints and effects of adducing improperly obtained evidence. Preparation of trial bundles.

Tutor led session

1030-1045

22

Opening and Closing: Understanding the importance of and be able to draft and present clear trial strategies and plans, using the trial strategy and plan, outlining the facts and evidence, in terminology and detail as appropriate to the type of case, presenting an effective and coherent opening speech. During the closing speech, identifying and appropriately presenting the key issues in the client's case, the positive and negative evidence elicited from witnesses, anticipating and appropriately addressing arguments likely to be advanced by the opposing advocate, effectively dealing with interventions by the court and responding appropriately to them.

Tutor led session

1045-1145

23

Costs and Applications: Group work exercises on costs and applications.

Group Work session

1100-1115

24

Coffee during group work

-

1145-1230

25

Witness Examination: Conducting an examination in chief, if required, by asking relevant non-leading questions which promote the client's case, identifying and placing before the court relevant documentation produced by the witness after establishing the necessary evidential foundation. In cross examination knowing on what matters in dispute a witness can be cross examined, controlling the direction and pace of the evidence, appropriately challenging the witness' evidence in accordance with the client's instructions, ensuring that all relevant disputed matters are put to the witness, identifying and appropriately cross-examining on any previous inconsistent statements. Identifying situations when re-examination is required to put the client's case and to repair damage done to the witness in cross examination or to clarify or amplify matters raised in cross-examination.

Tutor led session

1230-1300

26

Special Witnesses: Identifying and using effectively expert evidence, challenging expert evidence, where necessary confirming or questioning the expert's qualifications and expertise. Identifying vulnerable witnesses, using appropriate techniques when questioning vulnerable witnesses and complying with judicial directions regarding vulnerable witnesses.

Tutor led session

1300-1400

27

Drills and Discussion: Witness examination drills followed by group discussion on structuring a cross-examination.

Group Work session

1400

28

END OF MODULE 3

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Homework

29

Homework following Module 3: Complete preparation for cross examination and preparation of legal submission. (Allow 4 hours)

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Cases


Statutes


Rules