England: proposals to widen access to the legal profession could have the opposite effect, warns Law Society

Social mobility and the global competitiveness of UK law could be damaged by the removal of current approved routes to qualifying as a solicitor, the Law Society warned today.

The Solicitors Regulation Authority (SRA) is proposing that a Solicitors Qualifying Examination (SQE) – a series of new centralised assessments for knowledge and skills – will replace existing ways to qualify as a solicitor.

Responding to the SRA consultation, the Law Society has warned that proposals intended to widen access to the legal profession may prevent some of the best talent from entering the legal profession. This could jeopardise the international standing of the solicitor qualification and, over time, affect the quality of legal advice which is valued by clients.

Law Society president Jonathan Smithers said: “Our view is that the removal of approved routes to qualification will cause uncertainty for those wishing to enter the profession and will most negatively affect those who have least access to good sources of information and advice.

“This could promote nepotism and result in wealthier students being favoured especially as there may be no restrictions on the number of times an assessment could be retaken and no time restrictions on the completion of all elements.

“It is likely that these proposed changes would disproportionately affect less advantaged students because they would find it harder to gain funding for non-compulsory courses and will still need to prepare for the assessments in some way. It is also likely that crammer courses or other such provisions will arise, which will intensify the cost.”

Mr Smithers added: “Although we welcome the setting of one standard of entry into the solicitor profession, we are concerned that quality indicators, such as a degree level qualification are maintained.

“The period of on-the-job training is important for the solicitor qualification both nationally and internationally, where our entry requirements are already viewed as ‘light touch’ due to their relative brevity.

“The suggested changes, if they are seen to devalue the current qualification, could damage the global competitiveness of UK law especially if the standards achieved at the point of qualification are diminished. English and Welsh solicitors play a significant role in the export of UK plc. The legal industry is worth more than £30 billion to the UK economy.

“The SRA state that their assessments will be at degree level but there will be no requirement for an underpinning course, such as the law degree or other course. A modular approach weakens the reliability of the assessments. A degree-level qualification is essential – academic rigour underpins the commercial success of the profession.”

The SRA have said it is likely that they will include some form of pre-qualification work experience, but have not committed to this. The Law Society believes work-based learning is essential and must take place in a legal environment, under the supervision of a solicitor, for a substantial period of approximately two years.

The Law Society president said: “Although the SRA claim that entry to the profession will be at a lower cost than currently if students do not take the Legal Practice Course (LPC) we have seen no evidence in support of this.

“The SRA suggest that their proposals will increase access to the profession, but they admit that this will only be the case if legal education and training providers develop training courses that are cheaper and more flexible. However, there is no guarantee that this will be the case as the SRA has not yet appointed a provider for their proposed assessments and therefore cannot be assured of the cost. Overall, the consultation contains disappointingly little detail on the proposed assessments.”