Learning Outcomes
After reading this article, you will be able to apply the core principles of courtroom etiquette and time management relevant to oral SQE2 assessments. You will understand the importance of respectful conduct in court, time allocation to issues, including pacing, prioritisation, and how to structure submissions for clarity and efficiency. You will be able to spot common pitfalls in courtroom conduct and apply exam-appropriate techniques for planning and managing limited hearing time.
SQE2 Syllabus
For SQE2, you are required to understand courtroom etiquette and be able to manage and allocate time effectively during advocacy exercises. You should focus your revision on:
- Following the required standards of professional behaviour and etiquette during court hearings and oral submissions
- Correctly prioritising and allocating your time to different legal and factual issues under time pressure
- Adjusting your approach to courtroom protocols and judge-led expectations during hearings
- Recognising and avoiding common errors in pacing, submission structure, and time management
Test Your Knowledge
Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.
- Why is it risky to spend too long on less significant issues during a timed oral advocacy assessment?
- What is the correct way to address a Circuit Judge, a District Judge, and your opponent in the County Court in oral submissions?
- List three strategies for keeping your oral presentation on schedule during a hearing.
- True or false: In SQE2, exceeding the allocated time for advocacy always leads to immediate assessment failure.
Introduction
Courtroom etiquette and efficient time management are essential skills for SQE2 advocacy tasks. Proper conduct and clear, concise communication ensure you present yourself as a competent solicitor and maintain the respect of the court. Simultaneously, your ability to pace your submissions and allocate time to the most important issues affects your effectiveness and assessment outcome. This article will provide the rules and techniques you need to address the court correctly, structure your time, prioritise submissions, and avoid the pitfalls of running out of time or covering trivial points.
Courtroom Etiquette – Professional Conduct and Respect
Professional courtesy and proper behaviour are non-negotiable in all court settings.
Key Term: courtroom etiquette
The set of behaviours, forms of address, and conventions which demonstrate respect for the court, parties, and process during hearings or trials.
Your manner, language, and treatment of the judge, court staff, witnesses, opponents, and clients reflect on you and your firm. Disregarding etiquette risks undermining your credibility and the interests of your client.
Key Term: form of address
The correct title or phrase used to address a judge or court official, depending on their role and the court's level (e.g., "Your Honour", "Sir", "Madam").
Show respect by:
- Standing when addressing the judge, unless directed otherwise
- Using the correct form of address for the judge (see below)
- Referring to your opponent as 'my friend' or 'my learned friend' (for barristers)
- Avoiding personal or antagonistic remarks
- Remaining calm and listening attentively when the judge speaks
- Never interrupting the judge or opponent unnecessarily
- Keeping language professional and avoiding slang
Key Term: professional conduct
The behaviour and ethical standards required of solicitors, including upholding public trust, acting with courtesy, and complying with court rules.
Mistakes in etiquette, such as incorrect address or unprofessional language, are frequently penalised in real hearings and the SQE2.
Correct Forms of Address
The key forms of address at court are as follows:
- Circuit Judge (County Court): 'Your Honour'
- District Judge: 'Sir' or 'Madam'
- Magistrates: 'Sir', 'Madam', or collectively 'Your Worships'
- Procedural Judges (High Court): 'Sir' or 'Madam'
- Opponent (Solicitor): 'my friend'
Always clarify the judge’s role before the hearing.
Time Management and Pacing – Core Principles
Oral examination hearings in SQE2 are strictly timed. Effective management of your submission is essential to cover all necessary points and achieve a positive outcome. Poor pacing, such as spending too long on minor issues or rushing complex topics, may leave important arguments unresolved or unfinished.
Key Term: pacing
The controlled speed and distribution of time during submissions or questioning to ensure all essential issues are covered within the time allowed.
Common scenarios include:
- Failing to reach key arguments before the time expires
- Finishing early but missing opportunities to argue stronger points
- Running out of time because of over-detailed background or rambling
Effective pacing is achieved by deciding in advance the time you will allocate to each issue, keeping answers focused and refusing to be sidetracked.
Key Term: allocation of time
The planned and deliberate distribution of available minutes or sections of a hearing to specific issues or arguments.
Allocating Time to Issues: Prioritisation
Not all points are equal. In limited time, you must tackle the most important legal or factual issues first.
Worked Example 1.1
You are instructed to present an application for summary judgment. You note five points to raise, but the first relates only to minor evidence while the final two are essential to the core legal argument. The hearing lasts ten minutes. What is the risk if you discuss the first three points in detail before addressing the main issues?
Answer:
You may run out of time before arguing the central points. If the judge is unconvinced on your strongest arguments, your client’s case may fail even though the less important points were well presented. Always cover the central issues before adding less significant material.
Allocate your time to reflect each issue’s importance, bearing in mind the weight it carries in the decision.
Practical Steps for Pacing and Time Allocation
- Preparation: Identify the main issues and list them in priority order. Estimate roughly how long is needed for each.
- Outline Your Submission: State at the start how many issues you will cover (e.g., "There are three points for the court's consideration").
- Monitor Your Progress: Make a note or set visual reminders to check approximately when to move to each issue.
- Be Concise: Avoid repetition or unnecessary detail on introductory matters.
- Keep an Eye on the Time: If allowed, use a watch or clock to glance discreetly or rely on the judge's time calls.
Exam Warning
In oral SQE2 assessments, candidates who fail to reach their main argument because of overspending time on less critical points may not achieve the required standard—even if early sections are well delivered.
Structuring Submissions for Effective Time Management
A well-structured submission enables both the court and the advocate to allocate time effectively.
- Introduction: Briefly state your purpose, parties, and order of arguments.
- Main Arguments: Present each main issue first, keeping explanations short but clear.
- Secondary Points: Only include additional matters if time permits and they add value.
- Conclusion: Summarise your main submissions and the outcome sought.
Worked Example 1.2
You are making a plea in mitigation and have fifteen minutes. Your written plan allocates four minutes each to the offence and the personal background, and five minutes to mitigation and sentence. During the oral presentation, you spend ten minutes detailing background. What is the likely consequence?
Answer:
You may have insufficient time to address mitigation or argue for a particular sentence. This risks failing to demonstrate mitigation, leaving the client exposed to a harsher penalty.
Revision Tip
When practising for SQE2 advocacy, rehearse aloud with a timer and stop when your time is up. Adjust your delivery to hit your key points in the allotted time.
Handling Interventions and Adjusting Pace
Court hearings are dynamic. Judges may interrupt with questions or seek clarification. You must remain polite, answer directly, and adjust your pace if interruptions have delayed your submission.
- Return promptly to your plan after interruption.
- If running short on time, move immediately to your main submissions.
- Politely summarise less urgent points to save time.
Never argue about timing with the judge; instead, accept directions and continue.
Practical Tips for Allocating Time and Pacing
- Arrange Your Notes: Number or highlight your main points.
- Set Benchmarks: Plan where you should be halfway through and adjust if behind.
- Signal Yourself: Use brief keywords in your outline to remind you to progress.
- Prioritise Arguments: If pressed for time, focus only on your strongest submissions.
- Keep to Structure: Avoid getting lost in detail early on.
Common Pitfalls in Pacing and Issue Allocation
- Spending most of your time on minor background or weaker issues
- Providing excessive procedural history at the expense of legal argument
- Repeating information instead of progressing
- Losing track of remaining time
- Ignoring judge's signals to move on
Worked Example 1.3
During a possession hearing with tight time limits, you spend the opening five minutes describing the lease, leaving only three minutes for grounds and evidence. What should have been done differently?
Answer:
The structure should cover legal grounds for possession and supporting evidence first. Background and detail should only be added if time allows.
Key Point Checklist
This article has covered the following key knowledge points:
- Adhering to courtroom etiquette, showing respect to the judge and all parties
- Using correct forms of address for different court levels
- Structuring oral submissions to allocate more time to key issues and arguments
- Prioritising the most important points and keeping less significant details brief
- Managing time effectively through planning, scripting, and tracking progress
- Adjusting pacing in response to interruptions or an overflowing schedule
- Avoiding the common error of failing to deliver the main arguments due to poor pacing
Key Terms and Concepts
- courtroom etiquette
- form of address
- professional conduct
- pacing
- allocation of time