SQE offers an opportunity for us all

Julie Brannan, Director of Education and Training

SQE offers an opportunity for us all
SQE offers an opportunity for us all, Julie Brannan

The residents of Cambridge use solicitors at crucial times in their life. When they do, they reasonably expect their solicitor will have gone through rigorous training so that they are competent and fit to practise.

The vast majority live up to that standard. The Cambridge area has many excellent solicitors and firms, and more broadly England and Wales rightly has a reputation for producing some excellent lawyers. There are many strengths to our current qualification process.

But there are some significant downsides as well. With more than 100 organisations setting and marking exams, and over 5,000 firms authorised to take trainees, it isn’t possible to have absolute confidence that every qualifying solicitor has met the same, high standard.

At the same time, the prospect of paying up to £17,000 for the LPC, on top of university fees, is enough to give anyone pause for thought. It may well put off talented candidates who we would like to welcome into our profession.

A new consistent assessment

The new Solicitors Qualifying Examination aims to address these problems. It will introduce a single, rigorous assessment. The assurance that everyone is assessed on a consistent basis is fairer for candidates; fairer for employers; and fairer to the public – four out of five of whom say they would have more confidence if qualifying solicitors had to pass the same final exam.

With the SQE we are building on what works in the current system. For instance we are keeping the benefits of on-the-job experience and flexibility around the need to study law at university. Many of our top lawyers and judges did not do law degrees. I know firms value the flexibility this approach provides in attracting the best talent – and different skillsets – into the profession.

Barriers to diversity

Despite a positive story when it comes to diversity of academic background, there is still a way to go when it comes to wider diversity in the profession. We know that some socio-economic and ethnic groups, for example, are under-represented. We all benefit if the profession reflects the society it serves and can attract the best talent from all walks of life.

There are many reasons why the profession is not as diverse as it should be. One is just how expensive it is to qualify, unless you have a training contract at a firm – mainly the larger, commercial firms – which will pick up the cost.

Many aspiring solicitors must instead take the ‘LPC gamble’ – investing large amounts of money up front with no guarantee of a training contract. Talented people can spend tens-of-thousands on a degree, law conversion and LPC and still get stuck unable to qualify.

Giving people a fair shot at qualifying

The SQE alone will not solve problems with diversity in the profession, but it should make things better.

It will give people much more flexibility around how they train. They will still need two years’ work experience, but they can acquire it in different ways, with far greater opportunities to earn as they learn.

This includes the zero-cost route of qualifying as an apprentice. It is not only an attractive option for candidates, but also firms. As well as taking advantage of the apprenticeship levy, firms are reporting practical benefits. It means they can attract new talent into their business, people who can swiftly start helping the bottom line.

Those who are looking at qualifying through a more traditional university route should soon have more choices as well. It’s early days but the initial signs in the training market are encouraging.

We are seeing lots of innovation. There is more choice in how to train: online or blended courses; training which integrates classroom, online and work-based learning; and courses which are highly focused on SQE as well as courses which offer add-ons like commercial awareness, legal tech or tuition in specialist areas of legal practice. On top of that we have removed the all-or-nothing gamble baked into the current system.

A rigorous assessment

Of course, these benefits only make sense when combined with the reassurance that the SQE is serving its purpose – making sure only those who are good enough qualify as solicitors.

The SQE will be a tough but fair assessment. Developed following years of consultation, working with leading experts in the field, it comes with a guarantee that all questions will have been written, reviewed and checked exclusively by solicitors.

You will not qualify if you haven’t got the right knowledge and experience, but under the new system everyone should have a fairer shot.

Opportunities for legal businesses

We’ve now had final approval of the SQE from the Legal Services Board. We are continuing to work hard to make sure everyone understands what the SQE means for them, and the opportunities it brings.

This includes greater flexibility for firms on recruitment and training. A firm which doesn’t take on trainees could do so more easily with the SQE. Perhaps you have some great paralegals you would like to support with qualification? Or would apprentices work well for your business?

With standardised SQE data you may be able to broaden your recruitment to tap into different talent pools, with the assurance that you can confidently compare candidates’ performance. This should make it easier for a firm to identify a talented candidate who has done well in the SQE but may not have gone to an ‘elite’ university or trained through a traditional route.

The first SQE sitting will be later this year. It is in all our interest to make the SQE a success. A fair way of qualifying fit for a modern legal sector. One where everyone can trust in high standards at the point of admission, while attracting a greater diversity of talent into the profession.

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