The Future Lawyer Weekly Briefing – W/C 27th February 2023
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Key Information on the SQE
To qualify as a solicitor, all aspiring candidates are required to pass the Solicitors Qualifying Exam (SQE), a new set of exams that came into effect in September 2021. This new examination replaces the previous Legal Practice Course (LPC).
Since a law degree, law conversion course, LPC, and completion of a training contract are no longer mandatory requirements, anyone could join as a solicitor provided that they pass the SQE and fulfil two years of Qualifying Work Experience (QWE).
As of today, 3 sittings of the SQE part one (SQE1) have been completed, whereas 2 sittings of the SQE part two (SQE2) have been completed. SQE1 tests gauge functioning legal knowledge, while SQE2 assesses practical legal skills.
SQE has opened a new path for non-law graduates to qualify. It also removes a hurdle for overseas law graduates whose law degrees may not be recognised by the LPC previously. Non-law or overseas law graduates could now gain qualifications without affording an extra law conversion course.
SQE as Professional Qualification
Designed to remove variations in teaching approaches and curricula at various higher education institutions, the SQE provides a centralised assessment method for selecting future solicitors. It eliminates any discrepancies in knowledge or skills and guarantees that all newly admitted solicitors meet the same elevated standard.
Compared to the New York State Bar Examination in the US, which requires exam candidates to have at least completed one year of law school, the SQE puts less emphasis on substantive legal knowledge as well as research and writing skills obtained in academia. Only SQE1 tests on substantive law with multiple-choice questions, as opposed to the previous 3 years of training in law schools or 1 year in a law conversion course, which establish a comprehensive understanding of the substantive law.
Looking at the SQE results, however, the Solicitors Regulation Authority (SRA) seems to have maintained the standard for admission under the new route. In the past, about half of the students could successfully complete the LPC on average – 58% in 2018/19 and 57.7% in 2019/2020. This is consistent with the SQE results. For SQE1 in both the first two assessment windows, 53% of candidates passed. With a comparable passing rate as the LPC, the SQE seems to require candidates to attain a similar level of academic ability.
On top of centralising curricula at different LPC providers, whose completion rate could vary considerably from 33% to 100%, the SRA seems to have achieved one of its objectives in ascertaining a high standard for newly admitted solicitors.
Law Firms Adapting to the New System
Although training contracts are no longer mandatory, some law firms still offer training contracts for their future trainees to qualify through the SQE route. Others may have changed the name to ‘Graduate Solicitor Apprenticeship’ which functions as a training contract.
To qualify for the new Graduate Apprenticeships in major law firms, graduates still have to have completed a law degree or a law conversion course, which is not required by the SRA. For overseas graduates, some firms, like Slaughter and May still require them to complete all or some modules of the law conversion course prior to their SQE preparation.
Several law firms will either pay for or support the costs associated with preparing for and taking the SQE exams, while others will offer QWE to employees who have passed one or both of the SQE1 and SQE2 but will not provide financial assistance.
Some law firms have started recruiting future trainees from their internal legal assistants or paralegals. ‘Graduate Schemes’ or ‘Legal Assistant Programmes’ have been developed to recruit and observe the performance of the graduates before offering training contracts.
More new pathways have been released. The most recent prominent law firm to implement an ‘Apprenticeship Programme’ that results in becoming a solicitor is Bird & Bird. Distinguished from the other programmes aforementioned, this type of apprenticeship targets individuals in year 13 who have completed their A-levels, or an equivalent qualification, but have decided not to pursue higher education. The apprenticeship will last for six years, with the apprentices spending one day a week studying towards a law degree and working with the firm for the rest of the week. Upon the completion of the law degree, apprentices will continue through the SQE. Duration-wise, the apprenticeship works similarly to studying a part-time law degree followed by a part-time SQE preparation course, an intensive and hands-on preparation designed for devoted school-leavers.
Preparation Courses and Materials
Having results of three assessments of SQE1 and SQE2 combined released, more SQE training courses, SQE Master’s courses, and self-learning materials have been available for future SQE candidates. The SRA has released a list of organisations that are set to provide education and training courses or resources for the SQE.
What is noteworthy is that various course providers, such as BPP University, Oxford University Press, and QLTS School, offer self-study packages that enable candidates to learn at their own pace alongside other commitments. This is yet another flexibility facilitated by the new SQE route.