SQE2 advocacy script

An SQE2 advocacy script has seven parts: introductions, what you seek, the legal test, the facts against each part of the test, reply to the other side, the order sought, and a brief close. Typical timings are 45 minutes to prepare and 15 minutes to perform. See the advocacy guide and an annotated example.

The script

1. Introductions. Who you appear for, who appears for the other side.
2. What you seek. The order you want, in one sentence.
3. The test. State the legal test and its source.
4. Facts against each limb. Take each part of the test in turn. Give the fact and where it appears in the papers.
5. Reply. Deal with the strongest point the other side will make, or has made.
6. Order sought. Say again the order and any terms, such as costs or time to comply.
7. Close. Ask if the judge needs anything else.

Write it as short sentences you can say aloud. Number the limbs of the test on your notes so you can find your place after an interruption.

Sample opening: an interim application

"Sir, I appear for the Claimant, Ms Rowe. My friend Mr Adeyemi appears for the Defendant. This is the Claimant's application on notice for an interim injunction. It asks that the Defendant be restrained from using the Claimant's customer list until trial. I will take the court first to the evidence, then to the test in American Cyanamid, and then to the order sought. I have a draft order. May I hand it up?"

That opening takes 25 seconds. It tells the judge what you want and how you will proceed. Then give the test: a serious issue to be tried, damages not an adequate remedy, and the balance of convenience favours the order. Take each in turn and give the facts for each.

Phrases for the bench

• District judge: commonly 'Sir' or 'Madam'. Some courts use 'Judge'. Use what the instructions say.
• Magistrates: 'Your Worships', or 'Sir' and 'Madam' to the chair.
• 'With your permission, I will deal with three points.'
• 'If I may take you to page 14 of the bundle.'
• 'I am grateful, Sir. The answer to that is...'
• 'I do not have an authority on that, Sir, but the principle is...'
• 'Unless I can assist further, those are my submissions.'

When the judge interrupts, answer the question, then return to your structure. Do not say 'I will come to that' unless you will, and do it soon.

Mistakes and ethics

• Reading a script word for word and not looking up.
• Giving the facts but not the test.
• Not answering the judge's question directly.
• No order sought, or an order that cannot be made.
• Overstating the evidence. A solicitor must not mislead the court (SRA Code of Conduct for Solicitors, para 1.4) and must only make assertions that are properly arguable (para 2.4).
• Forgetting to draw the court's attention to relevant cases and statutory provisions likely to have a material effect on the outcome, even when they are against you (para 2.7). On a without notice application you must also give full and frank disclosure of facts against your client.

Checklist

• I can state the order in one sentence.
• I can state the test and its source.
• Every limb has a fact and a page.
• I have an answer to the other side's best point.
• I have thought of the judge's likely questions.

You can rehearse before an AI judge after timed preparation. For the tests, see advocacy legal tests.

Questions

Related

• SQE2 advocacy: how to prepare and perform
• SQE2 advocacy example: a bail application
• SQE2 advocacy legal tests
• SQE2 dispute resolution: what the tasks look like
• SQE2 criminal litigation: what the tasks look like

Sources: SRA presentation: The SQE2 assessment; SRA Code of Conduct for Solicitors, RELs and RFLs; Civil Procedure Rules; Criminal Procedure Rules. Checked 10 November 2026.