Legal education and training is not ‘fundamentally broken’ but is failing to ensure consistent levels of quality across the profession, a long-awaited pan-profession report says today.

The Legal Education and Training Review, which has taken two and a half years to complete, rejects a radical overhaul of the system in favour of what it described as ‘incremental reform’.

The report favours set standards in assessment across all education and training providers and more flexibility in how people enter the legal profession.

That could mean the development of apprenticeships, new forms of workplace training and a new model for allowing non-graduates to become solicitors and possibly barristers.

The report notes ‘considerable dissatisfaction’ among aspiring pupils and trainee solicitors who spend large sums of money ‘in pursuit of a career that they are never likely to achieve’.

Changing the pathways to the profession, it argues, will reduce ‘such a waste of human and economic resources’.

New entrants should also be given more training to plug skills gaps in legal values, professional ethics, communication, management skills and equality and diversity awareness.

Noting that ‘the lack of variety of models of vocational training for solicitors and barristers restricts development of a more competitive market’ the report calls for:

  • The further development of apprenticeships to the level 7 qualification for intending solicitors;
  • Development of new forms of training integrating more of the vocational stage with workplace training;
  • Alternative ‘work-based learning pathways through the training contract’ and the development of ‘additional alternative pupilages;
  • Assessing the viability of a model that would exempt solicitors and ‘potentially’ barristers from the requirement for a three-year degree.

The report also raises the possibility of the cost of training being shouldered by the profession as a whole.

The 335-report was commissioned jointly by the three key legal regulators: the Solicitors Regulation Authority, Bar Standards Board and ILEX Professional Standards. Each is now expected to spend at least three months assessing the report before making any policy changes.

Despite eschewing radical change, the report is critical of the current system that it ‘does not consistently ensure that desired levels of competence are reliably and demonstrably achieved’.

Key weaknesses in the system are identified as:

  • Reliance on shallow, vague or narrow conceptions of competence;
  • Too great a reliance on initial qualification as a foundation for continuing competence;
  • Insufficient clarity and consistency standards at points of entry.

Among 26 key recommendations, the report says standards must be established for the knowledge, skills and attributes of those entering the profession.

Regulators are encouraged to consider more focus on ethics and professionalism rather than a limited focus on conduct rules or principles.

Skills such as commercial awareness and communication should become part of legal education, as well as extra advocacy training in how to appear against litigants in person.

On continuing professional development (CPD), the report says regulators may take the approach of prescribing minimum hours. But more important than the time spent on CPD, schemes must be audited to make sure they provide relevant and purposeful training.

Training policies should also reflect the fact that many more people will enter the profession through apprenticeships, as paralegals and on work experience placements.

LETR - The main messages

  • ‘There is no evidence that the system, or any one professional regimen, is fundamentally broken. Indeed, there is substantial evidence of the strength of the system, both from domestic and international viewpoints.’

 

  • ‘There was a high level of consistency in the skills and tasks used as part of solicitors’ work in 1991 and 2012. However, the data offers clear indications of both knowledge and skills gaps: professional ethics and legal values, commercial awareness and commercial law. The need to enhance writing skills and communication generally is widely recognised.’

 

 

  • ‘It is possible the market has already moved to a position where smaller numbers of trainees will be the norm... Competition for recruitment is likely to remain fierce.’

 

 

  • ‘The case for reaccreditation at this stage is regarded as not proven, in light of substantial reforms that could be made to CPD.’

 

 

  • 'Provision should be made for random audit of annual CPD plans, and for trigger powers to review CPD across an entity where this [gives] cause to investigate.’

 

 

  • ‘The report does not propose pushing change towards common training or necessarily greater blending between classroom and workplace, though it encourages experimentation in both directions.’

 

 

  • ‘Provided specialist accreditation schemes can demonstrate robust membership criteria, and appropriate assessment/audit and review processes, they should be supported by regulation.’

 

 

  • ‘A wide range of views was expressed... It became clear removing some significant parts of the system such as training contracts and pupilages would not be acceptable. Often participants said "if it ain’t broke, don’t fix it".’

 

 

  • ‘The traditional professions of solicitor and barrister will continue to play a significant role, though perhaps one less central than currently. For some new organisations the workforce structure could comprise a smaller core of qualified individuals surrounded by a set of paralegals, trainees of one kind or another and support staff.’

 

 

  • ‘It is questionable whether the cost of training should be subsidised or borne across the profession.’

 

 

  • ‘Approve regulators should have formal guidance regarding the offer of internships.’

 

 

  • ‘It is not clear the benefits of aptitude-based admission testing outweigh the costs and potential risks. This report calls for a moratorium on their development.’

 

 

  • ‘The report strongly supports continued work on both the merged LPC/training contract approach and the development of higher apprenticeships.’