SQE2 Oral Skills Flashcards by N. W.

Q

Interview: We are looking to build _______ throughout the interview?

A

Rapport

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Q

Interview: We are looking __________ gather throughout the interview?

A

Fact gather

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Q

Interview: What should we do for the client once we have gathered the facts?

A

Consolidate

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Q

Interview: Once we have gathered facts and consolidated we should offer the client some, what?

A

Preliminary advice

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Q

Interview: We should always ask the client towards the end of the interview whether __________________ ?

A

Whether they have any questions for us

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Q

Interview: We should ask the client whether they have brought __________________ ?

A

Any documents with them

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Q

Interview: The final thing to set out to the client before the end of the interview is _________________ ?

A

Next steps

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Q

Interview: At the start of the interview we should explain we will be doing something in particular - what is it?

A

Taking notes

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Q

Interview: We should always check the client’s ____________ are correct?

A

Details

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Q

Interview: What are the six stages of the interview?

A

Rapport
Fact gather (and whether they’ve brought anything)
Consolidate
Preliminary advice
Any questions
Next steps

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Q

Interview: What are the six stages of the interview?

???????????????
Fact gather (and whether they’ve brought anything)
Consolidate
Preliminary advice
Any questions
Next steps

A

Rapport

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Q

Interview: What are the six stages of the interview?

Rapport
???????????????
Consolidate
Preliminary advice
Any questions
Next steps

A

Fact gather (and whether they’ve brought anything)

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Q

Interview: What are the six stages of the interview?

Rapport
Fact gather (and whether they’ve brought anything)
??????????????
Preliminary advice
Any questions
Next steps

A

Consolidate

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Q

Interview: What are the six stages of the interview?

Rapport
Fact gather (and whether they’ve brought anything)
Consolidate
????????????
Any questions
Next steps

A

Preliminary advice

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Q

Interview: What are the six stages of the interview?

Rapport
Fact gather (and whether they’ve brought anything)
Consolidate
Preliminary advice
??????????????
Next steps

A

Any questions

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Q

Interview: What are the six stages of the interview?

Rapport
Fact gather (and whether they’ve brought anything)
Consolidate
Preliminary advice
Any questions
???????????????

A

Next steps

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Q

Interview: If the client has not yet instructed the firm, how should we present the advice / next steps?

A

Talk about what we would do if instructed.

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Q

Note: Once the client’s name, date and heading are down, what is the first thing to write with regard to the interview that’s just happened?

A

Please see attached interview notes.

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Q

Note: What should be the MAIN focus of the attendance note?

A

Legal advice.

Q

Note: How should the note be structured?

A

Client details
Matter
Brief outline
Issues raised
Legal advice
Conduct issues [if relevant]
Next steps

Q

Note: What two words should I always ask myself with regard to giving advice?

A

So what?

Q

Note: What should I always remember to include because the examiners absolutely LOVE it?

A

Subheadings.

Q

Note: What should I do if I have forgotten something from the interview, or something new occurs to me?

A

Write that in the attendance note.

Q

Adv: What should be the opening line of an advocacy?

A

My name is A Solicitor, and I represent [CLIENT] today in their application for [INSERT APPLICATION TYPE]

Adv: After the introduction what do I need to set out, before diving in to the submissions?

Go through the paperwork the judge should have A roadmap of today's advocacy (saying what I shall deal with, and in which order) State the powers that the court has to deal with this application Offer a brief summary of facts

Adv: Once the brief summary of facts has been given, what should the next thing to be addressed be?

The legal test.

Adv: After the legal test has ben outlined, what is the next step?

Submissions on each strand of the test.

Adv: After the submissions have been made, how should I wrap up the advocacy?

Offer a summary of the key arguments Remind judge what the application is for Ask the judge to grant the application Ask if there are any further questions

Adv: During the submissions, what should I refer the judge's attention to?

Where the evidence for each submission can be located in the papers.

Adv: What is the overall structure of an advocacy? (There are ten steps)

Introduce self and client Roadmap of advocacy Outline powers Offer brief summary of facts Legal test Submissions Summary of arguments Remind judge of application Ask for granting of application Any further questions.

Adv: What is the overall structure of an advocacy? (There are ten steps) ??????????????????? Roadmap of advocacy Outline powers Offer brief summary of facts Legal test Submissions Summary of arguments Remind judge of application Ask for granting of application Any further questions.

Introduce self, client & case

Adv: What is the overall structure of an advocacy? (There are ten steps) Introduce self, client & case ?????????????? Outline powers Offer brief summary of facts Legal test Submissions Summary of arguments Remind judge of application Ask for granting of application Any further questions.

Roadmap of advocacy

Adv: What is the overall structure of an advocacy? (There are ten steps) Introduce self, client & case Roadmap of advocacy ????????????? Offer brief summary of facts Legal test Submissions Summary of arguments Remind judge of application Ask for granting of application Any further questions.

Outline powers

Adv: What is the overall structure of an advocacy? (There are ten steps) Introduce self, client & case Roadmap of advocacy Outline powers ?????????? Legal test Submissions Summary of arguments Remind judge of application Ask for granting of application Any further questions.

Offer brief summary of facts

Adv: What is the overall structure of an advocacy? (There are ten steps) Introduce self, client & case Roadmap of advocacy Outline powers Offer brief summary of facts ????????????? Submissions Summary of arguments Remind judge of application Ask for granting of application Any further questions.

Legal test

Adv: What is the overall structure of an advocacy? (There are ten steps) Introduce self, client & case Roadmap of advocacy Outline powers Offer brief summary of facts Legal test ???????????????? Summary of arguments Remind judge of application Ask for granting of application Any further questions.

Submissions

Adv: What is the overall structure of an advocacy? (There are ten steps) Introduce self, client & case Roadmap of advocacy Outline powers Offer brief summary of facts Legal test Submissions ????????????????? Remind judge of application Ask for granting of application Any further questions.

Summary of arguments

Adv: What is the overall structure of an advocacy? (There are ten steps) Introduce self, client & case Roadmap of advocacy Outline powers Offer brief summary of facts Legal test Submissions Summary of arguments ??????????????????? Ask for granting of application Any further questions.

Remind judge of application

Adv: What is the overall structure of an advocacy? (There are ten steps) Introduce self, client & case Roadmap of advocacy Outline powers Offer brief summary of facts Legal test Submissions Summary of arguments Remind judge of application ?????????????????? Any further questions.

Ask for granting of application

Adv: What is the overall structure of an advocacy? (There are ten steps) Introduce self, client & case Roadmap of advocacy Outline powers Offer brief summary of facts Legal test Submissions Summary of arguments Remind judge of application Ask for granting of application ?????????????????

Any further questions.

Adv: What should I be doing differently from DR, whilst giving criminal advocacy

Standing up

Adv: What information should I be focused on giving to the judge during submissions?

The information the judge needs as decision maker.

Adv: During submissions, other than dealing with the legal test, what else should be addressed?

What the other side may say - try and give counter arguments in advance.

Adv: Whilst preparing for the advocacy, what should I do when arguments against my application are discovered?

Note them down and find a way to deal with them as part of submissions.

Adv: What is different about the paperwork for FR and Crim?

Assume the judge has not read the paperwork for crim (in reality it is often handed over on the day)

Adv: What are the most likely scenarios for Crim?

Bail application Please in mitigation Mode of trial

Adv: In a plea in mitigation case, which piece of information will the court likely have?

Pre sentencing report.