Bar Training Course (BTC) Advocacy Syllabus

Advocacy syllabus — full chapter and topic list

Expand any chapter to see its topics and sub-topics. This is the whole examinable outline for Advocacy in Bar Training Course (BTC), not a summary of it.

1. 1

   Foundations of Advocacy

   4 topics

   • The role and duties of the advocate
     • Duty to the court and duty to the client
     • Not misleading the court
   • Case analysis and theory of the case
     • Identifying issues, facts and law
     • Building a persuasive narrative
   • Court etiquette, modes of address and procedure
   • Structuring a submission with a clear ask
2. 2

   Witness Handling

   4 topics

   • Examination-in-chief technique
     • Open questions and the funnel approach
     • Refreshing memory and exhibits
   • Cross-examination technique
     • Closed and leading questions to control the witness
     • Putting your case and confronting inconsistencies
   • Re-examination
   • Handling expert and vulnerable witnesses
     • Ground rules hearings and the Advocate's Gateway toolkits
3. 3

   Legal Submissions and Applications

   4 topics

   • Submissions on points of law
   • Making interim and interlocutory applications
   • Bail applications and submissions on no case to answer
   • Responding to the bench and dealing with judicial intervention
4. 4

   Speeches and Persuasion

   4 topics

   • Opening speeches
   • Closing speeches and submissions on the evidence
   • Plea in mitigation
   • Persuasive delivery, pace, signposting and use of authority

Advocacy flashcards for Bar Training Course (BTC)

19 of 51 cards from the Advocacy deck — real questions with worked answers.

1. What are the advocate's two paramount, sometimes competing, duties?

   The duty to act in the client's best interests (fearless, independent representation) and the overriding duty to the court and the administration of justice. Where they conflict, the duty to the court prevails.

2. State the advocate's core duty of candour to the court regarding adverse law.

   An advocate must not knowingly mislead the court and must draw the court's attention to relevant binding authorities and statutory provisions, including those adverse to the client's case.

3. Can an advocate put forward a positive case they know to be false?

   No. An advocate must never deceive or knowingly mislead the court. They may test the prosecution's evidence but cannot assert as true facts they know to be untrue or call evidence they know to be false.

4. What is the 'cab-rank rule' for barristers?

   A self-employed barrister must accept any instruction in a field they practise in, irrespective of the client, the nature of the case, or the barrister's personal opinion, provided they are available and properly paid.

5. Define 'theory of the case' in advocacy.

   A single, coherent, persuasive account of what happened that fits the credible evidence, accounts for undisputed facts, and supports the legal outcome you seek. Every line of questioning and submission should advance it.

6. What is a 'case theory' built from? Name its two essential components.

   A factual theory (the story of what happened, consistent with the evidence) and a legal theory (the legal framework and elements that, if the facts are accepted, produce the result you want).

7. In case analysis, what is the difference between a 'theme' and a 'theory of the case'?

   The theory is the full logical explanation of the case; the theme is a short, memorable phrase or moral idea (e.g. 'this is a case about broken promises') that encapsulates it and is repeated to persuade the tribunal.

8. List the typical stages of analysing a case to prepare for trial.

   Identify the legal issues/elements; identify the facts in dispute and not in dispute; assess the strength of each piece of evidence; build a theory and theme; identify what must be proved by each side and the burden/standard; plan questioning and submissions accordingly.

9. How should an advocate address a Circuit Judge sitting in the Crown Court?

   'Your Honour'.

10. How should an advocate address a High Court Judge, and a Recorder?

    A High Court Judge: 'My Lord' / 'My Lady'. A Recorder: 'Your Honour'.

11. How should an advocate address District Judges and Magistrates?

    A District Judge (Magistrates' Court) is addressed as 'Judge' or 'Sir'/'Madam'; lay magistrates (the bench) are addressed as 'Sir'/'Madam' or collectively as 'Your Worships'.

12. How does an advocate refer to their opponent and to the court's prior decisions in submissions?

    Refer to opposing counsel as 'my learned friend' (for barristers) or 'my friend' (for solicitors). Refer to the judge's earlier rulings respectfully, e.g. 'as Your Honour found' or 'in Your Honour's judgment'.

13. What is the conventional opening when an advocate rises to address the court?

    Identify yourself and your role, e.g. 'May it please Your Honour, I appear for the prosecution and my learned friend Ms X appears for the defendant.' Then state the purpose of the application.

14. What three-part structure makes a persuasive submission with a 'clear ask'?

    (1) Tell the court precisely what you want it to do (the ask/order sought); (2) give the reasons/grounds supporting it; (3) restate the ask. Lead with the conclusion, then justify it.

15. Why should an advocate state the 'ask' at the very start of a submission?

    It orients the judge so every subsequent point is understood as supporting a known objective, aids judicial note-taking, and frames the issue on the advocate's terms (the 'signpost first' principle).

16. What is the primary purpose of examination-in-chief?

    To elicit, from your own witness, admissible evidence that advances your case theory, presented clearly and credibly to the tribunal, while complying with the rule against leading questions on disputed/material matters.

17. What type of question is prohibited in examination-in-chief, and what is the exception?

    Leading questions (those suggesting the answer or assuming disputed facts) are prohibited on contested issues. They are permitted on introductory, undisputed, or agreed matters to save time.

18. Name the open-question prompts used to elicit narrative in examination-in-chief.

    The 'WH' prompts plus 'how': Who, What, When, Where, Why, How — together with phrases like 'Tell the court…', 'Describe…', 'Explain…'.

19. What is the primary purpose of cross-examination?

    To advance your own case and to challenge/undermine the opposing witness's evidence — i.e. to put your client's case and to test reliability, credibility, accuracy and honesty.

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