What is the Solicitors Qualifying Examination (SQE)?
The SQE is the new way in which future solicitors will qualify in England and Wales. The ‘SQE’ refers to the set of exams an individual will have to pass in order to be eligible to apply to the Solicitors Regulation Authority (SRA) for admission as a solicitor. Therefore, the SQE in itself is not an actual prescribed course of teaching, unlike the LPC, it just refers to the assessments/exams that have to be completed and passed. However, universities will of course be offering courses to prepare you to take the SQE.
The SRA have said that the SQE is to come into force in September 2021 and will eventually replace the current route of the Legal Practice Course (LPC). However, it has been said that the current route will run alongside the SQE for a period of 10 years, to afford flexibility to those individuals who are already on their way to becoming a solicitor.
What has prompted this change?
One key reason for such a drastic change is to ensure that all future solicitors qualify ‘in theory’ in the same way i.e. by all taking the same exams (although the preparatory course you take prior to the SQE and your qualifying work experience may be totally different). The SRA’s view essentially seems to be that if you pass the SQE then you will have the required legal skills and knowledge to be a solicitor. By having a standardised exam/assessments, it will ensure that all future solicitors are meeting the same consistently high standards.
Currently, universities whom provide the LPC will set their own tests/exams. What this means is that there are lots of organisations that set and mark different tests. It is thought that by creating a test/range of assessments that all aspiring solicitors will have to pass, this increases consumer confidence e.g. ‘Almost four out of five members of the public said they would have more confidence in solicitors if they passed the same final examination’ [SRA].
Furthermore, in order to qualify as a solicitor under the current process you need to have two years’ of full time ‘on the job’ experience; this is more commonly known as a ‘training contract’ (TC). It’s no secret that TCs are incredibly hard to come by…competition is fierce! Many students don’t actually have a TC prior to undertaking the LPC; most students will secure a TC either mid-way through the course, or upon completion of the LPC. Now bearing in mind that the LPC can cost anywhere between £13,000 – £17,000, plus the fact that a TC isn’t guaranteed, this can be a huge deterrent to enrolling onto this course without a TC in place. This cost implication and lack of TC guarantee can mean that individuals, who are more than capable of becoming a solicitor, are unwilling to pursue this career path. In turn, this means that access to the profession is limited – obviously it’s only right that anyone who desires to practice law, no matter what their financial background, has a fair chance of pursing their career aspirations; we don’t want extremely talented individuals to not pursue their goals in fear of the financial implications.
Therefore, this change in process seems to somewhat address and rectify the TC bottleneck. Instead of needing to secure a TC, what you will now need is something known as ‘qualifying work experience’ (QWE) and I will talk about what this is in more detail later on. In general, this is something that should, in practice, provide individuals with more flexibility and enhance career prospects.
What transitional arrangements are in place?
As mentioned previously, the SQE is due to come into force in September 2021. However, the LPC is not just going to disappear overnight, it will be gradually phased out. Obviously there are people that, come September 2021, will already be on their journey to becoming a solicitor e.g. may be due to start the LPC next year or have a TC in the pipeline. Therefore, the SRA obviously need to accommodate those individuals. The SRA have said that the current system will run alongside the new system for 10 years (although it is worth bearing in mind that this may not happen in practice i.e. as the old system gets phased out, there may be limited providers who provide the LPC for those 10 years).
You will technically have until 31 December 2032 to qualify as a solicitor under the current route if, before 1st September 2021, you have either completed, started, or accepted an offer in relation to the following:
– Law Degree
– GDL
– Exempting Law Degree
– Legal Practice Course
– Training Contract
What will the fees be?
The total for taking the SQE will be £3,980. The SQE will be split into two parts:
– SQE 1 = £1,558
– SQE 2 = £2,422
Although this is currently much cheaper than the LPC, this does not include any preparatory course that you may take prior to completing the SQE. It is still not known how much the total will be, but it is expected to be around £10,000. It is not yet clear what funding will be available for the SQE/preparatory courses.
What will the assessments/exams be like?
As previously mentioned, the SQE will be split into two parts and each part will test a different aspect.
SQE 1
SQE 1 will consist of two computer-based examinations, each containing 180 multiple choice questions (360 questions in total). The purpose of the SQE 1 is to test your legal knowledge.
Below are some sample questions:
1) The owner of a Greek restaurant orders wall tiles that include a border design showing the Greek flag. After the tiles have been fitted, the owner notices that the tiles are decorated with the flag of Uruguay. The owner wants the tiles to be replaced.
In a claim for breach of contract which of the following measure of damages is the court most likely to award?
1. Expectation.
2. Reliance.
3. Cost of cure.
4. Loss of amenity.
5. Mental distress.
2) A woman in the UK asserts that her rights under Article 8 of the European Convention on Human Rights (ECHR) have been infringed by a public authority. Although she wishes to protest, she is unwilling to bring court proceedings under the Human Rights Act 1998 (HRA) against the public authority, because of the publicity she might receive, and because of the possible cost. The woman’s wealthy cousin is not affected by the alleged infringement, but says she would be willing to bring proceedings on behalf of the woman.
Can the cousin bring legal proceedings as the woman’s representative under the HRA?
1. Yes, because family representatives are specifically granted standing under the HRA.
2. Yes, because the HRA provides that proceedings may be brought by a representative where anonymity is a serious concern for the victim.
3. No, because only a victim of the infringement can bring an action and the cousin is not a victim.
4. Yes, because the court will be satisfied that the cousin as a representative is able to meet the expenses of the proceedings.
5. No, because a representative can only bring an action under the HRA where it replaces numerous individuals making identical claims.
3) A decision is made by the Court of Appeal (Civil Division) in favour of the claimant. The defendant wishes to obtain permission to appeal.
Which of the following courts have the power to grant permission to appeal?
1. The Court of Appeal only.
2. The Supreme Court only.
3. The House of Lords only.
4. The Court of Appeal and the Supreme Court.
5. The Court of Appeal and the House of Lords
SQE 2
SQE2 will consist of 16 written and oral tasks. This is more of a practical-based assessment, testing your legal skills, as opposed to strictly testing just your legal knowledge.
The legal skills that will be assessed are:
1. Client interviewing and attendance notes/legal analysis
This will involve you receiving an email, from a legal secretary for example, which will explain who the client is and what they wish to discuss. You will be given 10 minutes to consider the information you have been provided with. You will then have 25 minutes to conduct the interview. The assessor will play the role of the client. This assessment will assess your skills, as opposed to your application of the law. You aim in this assessment will be to gain the client’s trust and confidence. You also must obtain all the necessary and relevant information; you will not need to provide detailed advice/info to the client, only preliminary advice would be required at this stage. Finally, you will be allowed 25 minutes to handwrite an attendance note/legal analysis of the interview you conducted i.e. to record what was discussed, advice given etc.
2. Advocacy
You will be provided with a case-study. You will need to read over the information you have been provided with. You will then conduct a piece of advocacy work in a courtroom-style setting. You will have 15 minutes to make your submissions to the Judge. The Judge will be someone who is a solicitor, and they will assess your performance.
3. Case and matter analysis
This will be a computer-based assessment in which you will be provided with a case study. You will be asked to provide a written report on that case study, including a legal analysis of the case and advice that can be given to the client. This will be a 60 minute task.
4. Legal drafting
A computer-based assessment in which you will be asked to draft a legal document, or amend an existing document.
5. Legal research
This is a computer-based assessment in which you will need to investigate a problem/issue that a client has. You will be provided with an email which will ask you to research a particular issue(s) so that a partner of the firm can report back to the client. You will have to produce a written report which will include your view, legal reasoning, sources relied upon and the advice that should be given to the client.
6. Legal writing
Another computer-based assessment which will involve writing a letter, as if you were the solicitor acting in the matter, with the aim of addressing the client’s concerns, communicating in a clear manner and correctly applying the law.
At least 1 assessment will also involve negotiation and this will be assessed via either client interviewing or legal writing.
The SQE 2 will also be split into 2 parts:
1) Oral – in the context of client interviewing and attendance notes/legal analysis and advocacy. This will take place over two half days and there will be a total of 4 oral assessments.
On one day you will be tested on advocacy in the context of Dispute Resolution, and interviewing will be tested in relation to Property. On the other day you will be tested on criminal advocacy and interviewing in the context of Wills etc.
2) Written – this will cover case matter analysis, legal research, legal writing and legal drafting. This will take place over three half days and include a total of 12 assessments.
Day 1 – all 4 of the skills assessed, two in the context of Dispute Resolution and two in the context of Criminal Law.
Day 2 – all of 4 skills assessed, two in context of Property and two in Wills.
Day 3 – all of 4 skills assessed, in the contest of business.
What areas of law will I be assessed on?
“The two SQE1 Functioning Legal Knowledge (FLK) assessments comprise the following subject areas:
1. Business Law and Practice; Dispute Resolution; Contract; Tort; Legal System of England and Wales; Constitutional and Administrative Law and EU Law and Legal Services.
2. Property Practice; Wills and the Administration of Estates; Solicitors Accounts; Land Law; Trusts; Criminal Law and Practice.” [SRA].
Ethics and Professional Conduct is to be examined throughout the two SQE1 assessments.
Taxation is to be examined in the context of Business Law and Practice, Property Law and Practice and Wills and the Administration of Estates.
How will the SQE 2 be marked?
You will be graded from A – F.
A = superior performance.
F = poor performance.
This will then be converted into numerical marks i.e. A = 5 and F = 0.
There will be one pass mark for SQE 2 as a whole.
What is qualifying work experience?
Strictly speaking it will no longer be necessary for an aspiring solicitor to obtain a TC. Instead, what you will now need is what will be known as ‘qualifying work experience’ (QWE). QWE is any experience in providing legal services which in the process enables an individual to have exposure/involvement with some (or all) of the competencies needed to practice as a solicitor. What this essentially means is providing legal services in a real life, legal environment. This work experience can be obtained in England and Wales, as well as overseas.
There are currently no restrictions regarding when you can undertake your QWE – could be before, during or after assessments. But you must undertake QWE before being admitted as a solicitor. SRA have not provided an exact number of hours but have said that this must be two years’ full time experience, so basically the same duration as a TC.
It has been suggested that a typical candidate would pass SQE 1, undertake QWE as it is thought that this will be the best way to prepare you for SQE 2, and then take the final assessment. However, it is not clear what would happen for an individual if for example, they undertook their QWE at a firm and then failed the SQE 2 – some firms may insist that you pass the SQE as a whole before doing the QWE so actually the process may remain similar to the current LPC/TC route (if undertaking QWE within a law firm).
Your QWE must be signed off by a solicitor (they don’t have to have a practicing certificate so they can be retired) or compliance officer. By signing off the QWE, the solicitor or compliance officer is not saying whether or not someone is competent to be a solicitor, that is the SRA’s call and they use the SQE to check this, they are just saying whether or not the individual has been exposed to some or all the competencies.
In order to be able to sign off QWE, there will have to be some sort of record kept i.e. to keep track of what competencies you have been exposed to/what sort of work you have undertaken and in what areas. Most firms will have a system in place already that they use to keep track of someone’s learning development, but it is best to be clear from the outset and establish who will oversee/sign off your QWE.
You can gain QWE in stages or all at once, so long as it is not undertaken with more than 4 organisations. This is to essentially stop someone from undertaking say a weeks’ worth of experience at lots of firms (i.e. a VAC scheme) and attempting to use this as QWE – experience has to be for a substantial period of time. Furthermore, QWE can be paid or unpaid.
The SRA have suggested that QWE would include:
– Placement during law degree
– Working in law clinic
– Voluntary or charitable organisation i.e. Citizen Advice
– Working as a paralegal
– On a TC
You could start gaining necessary experience now and ‘bank’ it for when the SQE comes in. Again, if you are thinking of doing this then it is best to have a chat with your employer beforehand so that everyone is on the same page.
So what are the main differences/changes?
v Law degree or GDL not necessary – you can have an undergraduate degree (or the equivalent) in any subject.
v No longer need TC, you need QWE (although some firms may continue to structure their QWE in the same way as a TC to ensure that their trainees met the firm’s required standards).
v Everyone will now sit the same exams across the country.
v Currently the quality and suitability checks that are undertaken by the SRA are carried out prior to the TC stage. However, under the new process, the checks will be carried out after the QWE stage.
v No regulation of preparation courses – there is no requirement that you undertake any prescribed course before sitting the SQE – if you pass the SQE first time without any preparation then in theory this is fine (not sure how easy it would be though!)
v No more electives – as with the current LPC route, you have core modules and then the option to choose ‘electives’ i.e. you can decide what other modules you wish to study alongside your core modules. However, this is now unlikely to be the case. Universities will have to create a prep course and you are likely to study what the university deems relevant in preparing you for the SQE.
v No essay writing – with the current LPC/masters option, it involves essay writing, just like it would with your undergrad degree. However, it is likely that with the multiple choice SQE 1 and the practical SQE 2, this will no longer be as prevalant.
So what are the pros and cons?
More flexibility – essentially, individuals will be given more flexibility in terms of what they choose as their QWE and at what stage they decide to sit the SQE. This new route should help to avoid instances where an individual begins their TC with a firm and, 6 months down the line for example, decides they are not enjoying their time at that particular firm. Well, now you have the option of undertaking QWE with up to four different establishments, trainees may feel less ‘trapped’ in those kind of circumstances. Furthermore, as the SRA have not dictated what QWE must include i.e. there is no requirement for trainees to undertake work in both contentious and non-contentious practice areas, it should afford more flexibility to individuals to train in an area of law they enjoy.
However, it is difficult to know in practice just have much more flexibility this will afford to individuals. For example, it is conceivable that some firms may potentially ask you to do things in a certain order if you are going to be undertaking QWE with them i.e. they may ask you to pass SQE 1 and 2 prior to beginning your work experience. Furthermore, because there is no requirement to obtain QWE within x areas of law, your training will be limited in scope if you just want to obtain experience in one or two areas of law for instance. Although, it is rational to assume that firms will want to ensure that their future solicitors undertake a high standard of training so once you have technically been admitted as a solicitor, they may require slightly more training, or they may ensure that as you are undertaking your QWE, you are exposed to a variety of practice areas.
Finally on this point, flexibility may be further compromised in the sense that some firms may have a desire to stick to their TC regime. Therefore, say an individual passed the SQE first and then decided to go on and obtain QWE, they may find it difficult to obtain QWE within a desired firm i.e. there will still be limited spaces for QWE within firms and it will still be competitive. If, however, you chose to gain your QWE through working at Citizens Advice for example, then upon being admitted as a solicitor and securing a job at a firm, it is likely that your future firm will require you to undertake further training to ensure you have reached their required standards.
Potentially cheaper – it is thought that the new route will be somewhat cheaper. However, with limited information on the cost of prep courses and funding, this is difficult to say for sure.
Uncertainty – as with any new process, how this new route will operate in practice appears uncertain. For example, say a paralegal at a firm passes the SQE and has had their QWE signed off, is that firm then obliged to pay that individual a solicitor’s salary? Upon being admitted, is the individual ready to take on the solicitor role, even though they’ve basically obtained QWE in the context of paralegal work? Probably not, it is likely that firms will then have something else you need to do before this stage. Furthermore, you may feel daunted by the prospect of being one of the first cohorts to undertake the SQE. However, it’s important to note that the legal sector/firms are always evolving and adapting to change, and therefore I think firms will be keen to get the ball rolling with the new system for qualification (especially if this is going to increase client confidence).
Not requiring a law degree – so currently some firms recruit students who are part-way through their law degree or GDL, but have not yet undertaken the LPC. Firms may be unsure of individuals who have a non-law degree i.e. would non-law graduates still have the same depth of legal knowledge? Hopefully, the SQE in itself acts as a safeguard to ensure that all future solicitors will have the required legal knowledge, regardless of their background.
Less specialist knowledge – currently if you do the LPC you can choose electives or you have the option to do a masters degree alongside the LPC; this basically gives you the option to study more modules in greater detail i.e. with one of the masters degrees, you have to produce a detailed report on an area of law of your choice. It is unlikely that the SQE will give individuals the option to do this and it may be that you do your degree, and then do a masters before embarking on the SQE, as opposed to doing a masters alongside the SQE.
What is my view?
Well, if you don’t meet the criteria set out in the section regarding ‘transitional arrangements’ then, quite simply, you will have to sit the SQE. Furthermore, if you are not yet on your journey to becoming a solicitor then it is likely that by the time you do have to sit the SQE, the process will be much more established. However, for those individuals who do have the option then it is quite tricky to know what is best.
I would firstly think about how you perform with certain types of exams. For example, if you’re a good essay writer and not particularly good with multiple choice exams, then maybe it would be best to utilise the LPC route. However, I would be conscious of the fact that firms do need to adapt to change and be flexible and you wouldn’t want to be viewed as not being capable of adapting to change. Furthermore, I believe funding is going to be a massive factor. As mentioned previously, it is currently uncertain as to how much everything is going to cost and whether funding will be available. However, if the SQE is going to be cheaper, and the financial aspect of things is a bit of a worry, then hopefully the SQE should somewhat address this.
Lastly, I think uncertainty is going to put people off and this is completely understandable. However, I think if you communicate with prospective and current employers and ask about what they have lined up in order to accommodate this change, then hopefully things should be okay. For example, I believe that with increasing technology and artificial intelligence, the need for a legal secretary in law firms will overtime decrease and instead, firms will be looking for more paralegals who can undertake delegated work, run some of their own files and also do some of the admin side if needed. This, along with voluntary organisations, should hopefully begin to get rid of the TC bottleneck. Of course, if you decide to undertake QWE as a paralegal, for example, and then apply to another firm to work as a solicitor once you have been admitted, the firm may require you to undertake a bit more training but again no one really knows for sure. Therefore, the more communication and clarity you have with employers, the less likely there is to be uncertainty and worry.
I hope that this information was helpful and provided as much clarity as is possible at this present time.
Abby [all opinions are my own].
legallifeofabby.law.blog 