Narrowing degree evidence for foreign qualified lawyers exempt from SQE 'overly restrictive'

Requiring foreign qualified lawyers exempt from the Solicitors Qualifying Examination to prove they are proficient in the English language  could be ‘overly restrictive’, the Law Society has said.

The SRA has been consulting on when and how it seeks assurance that a qualified lawyer exempt from SQE2 has the English or Welsh language proficiency needed to practise as a solicitor.

The regulator would no longer accept as evidence of English language proficiency a degree taught in English unless it was the lawyer’s professional legal qualification.

Chancery Lane has told the SRA the change could be ‘overly restrictive’.

The Society's consultation response says: ‘The stated reason for this change is that a degree taught in English in another subject may not provide the needed background in legal terms need as a solicitor. However, the International English Language Testing System (or equivalent Secure English Language Test) does not specifically test proficiency in legal English either. If the concern is that a qualified lawyer educated at an English language university may still not have sufficient background in legal terminology, then the alternative proposed (IELTS or other SELT testing) does not address this concern.’

For those still needing to take a language test, Chancery Lane agrees with the SRA that the IELTS score should be lowered from the 'unnecessarily demanding' 8.5 to 7.5.

On accepting test scores deemed valid by the testing provider, the Society said: ‘We have a concern that the test providers have an economic incentive to keep the period of validity unnecessarily short in order to require more retesting. There is no evidence that a qualified lawyer who tested to the required level more than two years prior (or the relevant time limit of the test provider) will have had a decline in their English language proficiency.'

Chancery Lane also suggested living and working in an English-speaking country for at least two years could be deemed proof of English language proficiency.

'Qualified lawyers who have achieved English language proficiency through working in an English language environment should not need to study for an artificial exam. IELTS and other SELT are artificial examination situations that require test-taking preparation and can be difficult even for skilled English speakers who are not prepared,' the Society said.

This article is now closed for comment.