The Interview and Advocacy Test
For prices, timetables and booking form, please downlad the file from the bottom of the page or ring us to speak to an advisor
The purpose of the interview and advocacy assessment is to assess a candidate's competence and effectiveness, as a solicitor acting for a client, in Magistrates' Court proceedings by reference to the Standards of Competence.
The candidate will be expected to demonstrate skills and knowledge in a number of areas:
- Procedural knowledge and legal accuracy
- Presentation and advocacy skills
- Interviewing and advising skills
- Communication skills
The assessment consists of two parts; a simulated client interview, and a simulated appearance in a Magistrates' Court in which the candidate makes representations, and/or submissions in respect of three cases, one of which will be a bail application.
The interview stage of the assessment involves a simulated client interview, with the part of the client being played by an actor. The assessment will be recorded, which will be used by an assessor to assess the candidate's performance. The interview will last for a maximum of 15 minutes, and the case will be used as the basis for one of the cases in the advocacy part of the assessment.
The assessment criteria for the interview stage of the assessment are as follows:
Establishing an appropriate and professional relationship with the client. This criterion includes whether the candidate:
- Opened and finished the interview in an appropriate manner
- Treated the client with courtesy and sensitivity
- Used appropriate language having regard to diversity
- Dealt appropriately with client care and professional conduct issues.
Obtaining instructions and identifying the client's objectives. This criterion includes whether the candidate:
- Conducted the interview in a logical and structured manner
- Used appropriate questioning and listening techniques to obtain relevant information
- Allowed the client to explain his or her concerns
- Ascertained the client's expectations and objectives
- Determined whether further information was required
- Complied with relevant client care rules
Identifying and advising on appropriate courses of action. This criterion includes:
- Correctly identifying and analysing the legal and non-legal issues raised, and explaining them clearly
- Identifying and advising the client on appropriate courses of action and their relative benefits and risks
- Assisting the client to make appropriate decisions
- Agreeing on the action to be taken by the solicitor
Following the interview stage of the assessment, the candidate may be handed written information concerning the case in respect of which they have conducted the interview (e.g. if the outcome of the interview is that a bail application is to be made, the candidate may be given information about the substance of the prosecution's objections to bail), as well as written information concerning the other two cases which are to form the basis of the advocacy stage of the assessment.
The candidate will then be given no less than 40 minutes during which they can prepare for the advocacy stage.
The advocacy stage of the assessment involves a simulated appearance in a Magistrates' Court in which the candidate will deal with three cases, one of which will be a bail application. One of the cases will be the same case as that which featured in the interview stage of the assessment. The part of the District Judge will be played by the assessor, and the assessment will be recorded.
The three cases may be called in any order. A maximum of 10 minutes will be allowed for the case derived from the interview stage of the assessment, and a maximum of 10 minutes in total for the other two cases. The assessor may intervene at any stage in order to ask a question of the candidate or to seek clarification in respect of any of the three cases.
The assessment criteria for the advocacy stage of the assessment are as follows:
Establishing an appropriate and professional rapport with the tribunal. This criterion includes:
- Being appropriately dressed
- Using appropriate language, including body language
- Speaking clearly, audibly and at an appropriate pace
- Making appropriate use of notes, and without reading from a prepared text
- Responding appropriately to any intervention by the assessor
Making a coherent and persuasive application/submission that is consistent with the client's goals and instructions. This criterion includes:
- Demonstrating appropriate knowledge of the client's case
- Making concise and well-structured submissions
- Addressing all of the relevant facts
- Addressing the relevant law
- Correctly applying the relevant law to the relevant facts
- Making appropriate submissions having regard to the relevant facts and law
- Observing any relevant evidential or procedural rules
Complying with the ethics and conventions of Magistrates' Court advocacy, and with the rules of professional conduct. This criterion includes:
- Addressing the District Judge appropriately
- Complying with the obligation not to deceive or mislead the court
- Observing the duty of confidentiality owed to the client
- Complying with the Law Society's Code for Advocacy
A candidate may take any relevant materials into the assessment.
The aggregate pass mark for the interview and advocacy assessment is 50%, and in order to pass a candidate must achieve at least 50% in each of the interview, and the advocacy parts of the assessment.
Even if a candidate achieves the pass mark they may, nevertheless, fail if, in the context of the assessment, they commit a gross professional error.
|
Print
Email Us