What will SQE2 assess?

Jan 05, 2024

Written By Helena Kudiabor

SQE2 is the second and last part of the SQE superexam, meaning you will be able to apply for qualification once you pass the exam. It has two parts, an oral section and a written section.

What does the oral section assess?

- Client Interviewing

- Attendance note/legal analysis

- Advocacy

What is the format of the oral exam?

The oral exam will begin with an advocacy task, where you prepare a presentation using a case study for 45 minutes, and then you have 15 minutes to present. Afterwards, you will have 10 minutes to prepare for a client interview, and then 25 minutes for a mock interview.

The exam will finish with an attendance note which will take 25 minutes. This order is not set in stone, and the exam can start with either the interview and attendance note or the advocacy task. The two days also cover different topics. Day one will cover dispute resolution and property practice, while day two will cover criminal litigation, wills and intestacy. and probate administration and practice.

What does the written section assess?

- Case and matter analysis

- Legal research

- Legal drafting

- Legal writing

What is the format of the written exam?

The written exam will take place over three half-days, and candidates will take 12 small exams in total. There will be a case matter analysis task lasting an hour, and afterwards half an hour of legal writing. Then, after a 15 minute break, there will be a legal research task lasting an hour and then legal drafting lasting 45 minutes. In total, the exam will last 2 hours and 30 minutes each day, and the same format will be used throughout.

Day one will cover dispute resolution and criminal litigation and day two will cover property practice, wills and intestacy and probate administration and practice. Day three will only cover business organisations, rules and procedures.

In which practice areas does SQE2 assess these skills?

- Criminal litigation: Covering issues such as the right to bail and bail applications, character evidence and the definition of bad character, and youth court procedure.

- Dispute resolution: Characteristics of arbitration, mediation and litigation; responding to claims and preparation for trial.

- Property practice: Structure of property transactions, acting for a lender and remedies for breach of a leasehold covenant.

- Wills and Intestacy: Alterations and amendments to wills, revocation of wills and Administration of Estates 1925 (section 46).

- Probate Administration and Practice: Inheritance Tax, valuation of assets and liabilities, and excepted estates. Business organisations, rules and procedures (including financial services and money laundering).

Aside from these core areas, questions may also draw on:

- Criminal liability: Offences Against the Person Act 1861, mens rea vs actus reus and partial defences.

- Contract law and tort: Vitiating factors, negligence and potential defences (necessity, illegality).

- Land law: Taxes on property (Land Transaction Tax), Trustee Act 1996 and the difference between real and personal property.

- Trusts: Saunders v Vautier, liability of strangers to the trust and trustees' liability.

Note that these subcategories are not exhaustive and a full list can be found on the SQE2 assessment specification. There will also be questions about ethics and professional conduct.

SQE