For more than 30 years, aspiring solicitors in England and Wales would have to complete a law degree, the Legal Practice Course (LPC) and two years of work-based training (a ‘training contract’) to become a fully-fledged practitioner.
Of course, there were other ways to qualify as a solicitor, but the majority of students took this route, myself included.
The status quo was changed on 1 September 2021, when the Solicitors Regulation Authority (SRA) introduced the Solicitors Qualifying Exam (SQE).
Students must now have a degree level qualification (or equivalent), two years of qualifying work experience and complete two sets of centralised assessments (SQE 1 and SQE2) in order to qualify.
The new system was originally intended, in part, to further the legal sector’s desire to widen diversity and inclusion and boost social mobility.
Paralegals who may have struggled to qualify before due to the limited number of training contracts now have a more accessible route into the profession, particularly as the work they do may count towards the qualifying work experience requirement.
Whether the SQE is having the desired effect on diversity and inclusion, however, is yet to be seen, as the profession and aspiring solicitors are still within the transitional phase, with old and new systems running concurrently.
In January, the SRA published its first ever results for the SQE1. It showed there was some disparity of pass rates between Black, Asian and minority ethnic students and their white counterparts.
According to the SRA, 65% of white candidates passed compared to 44% of Black, Asian and minority ethnic candidates.
For the Legal Practice Course, 65% of white students passed compared with 52% of Asian/Asian British students and 39% of Black students.
This attainment gap is concerning, and we welcome news the SRA has commissioned in-depth research into this area. This will go some way towards better understanding the causes of differential attainment in legal qualifications and addressing barriers.
The regulator also needs to monitor closely whether the situation is worsening or improving with the move to SQE, if so why and what can be done to address the causes or drive the positives.
A question of price
The SQE has the potential to be cheaper than the old route into the profession, with a far greater degree of flexibility in timetable and courses, such as the ability to work alongside preparation courses for the assessments.
However, the total cost of preparation courses (around £6,000 for short preparation courses and more for other options) and assessment fees of over £4,000 are still a substantial amount – particularly for anyone from a lower socio-economic background.
There is currently no stated intention from the UK government to provide support with funding for freestanding SQE preparation courses or the SQE assessments for people who cannot afford the costs. Some course providers have made arrangements with private loan providers, but the interest rates for these can be high.
Additionally, the SRA announced in April that fees will be increasing by 3.4% from October 2022 due to inflation.
The fee for SQE1 will rise from £1,558 to £1,622 and SQE2 from £2,422 to £2,493, pushing the total price of qualification to £4,115.
We remain concerned about what this could mean for aspiring solicitors from lower socio-economic backgrounds, especially at a time when we know the cost of living is likely to skyrocket again in October.
It was hoped that the SQE would increase social mobility. However, with rising costs and a dearth of loans for those who need them, this looks less achievable.
The government must provide access to funding for those wishing to take the SQE, to ensure aspiring solicitors have the same opportunities and choices available to them whatever their background.
Reasonable adjustments
Ensuring that reasonable adjustments are available and there is fair treatment and opportunity for all who wish to practise the law is of the utmost importance.
The Law Society and its Lawyers with Disabilities Division are continuing to work with the SRA to ensure the SQE is accessible for disabled candidates, including through the availability of assistive technology.
A new normal
As with any new venture, the SRA has faced teething problems with the implementation of the SQE. Candidates at one centre taking the first functioning legal knowledge test (FLK1) faced ‘IT issues’ and then had their exam cancelled in July.
Kaplan – the assessment provider for the SQE – subsequently announced that candidates who missed the test due to the technical issue would receive a full refund. The exams were rescheduled in August.
Paul Philip, the CEO of the SRA, subsequently wrote in the Gazette about the issue and pledged to work with Kaplan to minimise the risk of future problems.
He also added that the SRA has a 10-year evaluation programme to see if the SQE delivers long-term benefits.
We, like the many thousands of aspiring solicitors, will be watching closely to see if the SQE delivers the desired benefits to the profession.
I. Stephanie Boyce is president of the Law Society of England and Wales
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