The Long Term Effects Of The New Qualified Lawyers Transfer Scheme

By Author: Lee Price
Total Articles: 13
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For many years in the legal profession in the UK, priority in terms of seeking admission as a solicitor in England or Wales was given either to those who had attained their qualifications in the UK or those who were transferring in from countries within the Commonwealth. The new Qualified Lawyers Transfer Scheme (QLTS) seeks to redress this balance by placing lawyers from foreign countries that are outside the Commonwealth on an equal footing in terms of admission as those who happen to have gained their qualification within this jurisdiction, assuming they pass an initial English test and prove their abilities match those of lawyers who have achieved their qualification via the domestic route.

This isn't all that the new scheme has to offer though, as its main aim is to ensure that all solicitors practising in England and Wales have the same standards of skills and knowledge as those who have achieved their qualifications via the domestic route. This is especially relevant for those who have received their qualifications outside of the domestic route, as they will have to undergo a test to ensure that their standards ...
... of practise match those that are considered acceptable in the UK by the Solictor's Regulation Authority (SRA). The upshot of this is that it creates a standard form of practise throughout the nation, which all solicitors must abide to in order to be considered eligible for admission as a solicitor.

While the scheme does place foreign lawyers on the back foot a little bit initially, its overall benefits will far outweigh the initial hardship of having to be retested outside of their initial qualification. Getting approval from the QLTS not only means that the lawyer is considered eligible to practice in the UK, but it also places a certain confidence in that lawyer's work. It is entirely possible that those who receive their qualifications in a foreign country could be accused of not abiding by the standards and practices of the UK system due to unfamiliarity, but the QLTS not only aims to foster a familiarity, but also to prove decisively that any lawyer it approves is fully qualified to practise law in the UK.

Confidence in these professionals is the main crux of the issue that the SRA are aiming for with the new QLTS, with qualification through the scheme intended to inspire confidence in those who will go on to utilise these solicitor's services in the future. By creating a set of standards by which all lawyers must abide, no matter where they initially received their qualification, the QLTS not only places all solicitors on an equal footing in terms of the way they practise, but also inspires confidence in the public due to the fact that a client will be able to see that their solicitor has received this qualification, thus ensuring they are fully capable of practising in the UK and have received the same standards of knowledge and tuition as every other solicitor.

These sets of standards are the main talking point of the QLTS, but they are not the only amendments that have been made to the previous Qualified Lawyers Transfer Regulations (QLTR). Another important facet of the QLTS is to allow qualified lawyers to apply to practise in a larger amount of jurisdictions than they are currently able. This has the obvious advantage of providing more job opportunities for those who may be struggling to find work in their current jurisdiction, allowing them to branch out where appropriate.

However, it also allows for a more even spread of qualified professionals throughout these jurisdictions. The opening up of these areas to solicitors that were not previously able to apply within them could lead to a boom in practising solicitors in some areas, and this can only be beneficial in the long run.

Another facet of the QLTR that will be altered is the current experience level required to become qualified. This has long been a stumbling block, especially for graduates and foreign lawyers, as it leaves them in a loop of being unable to work due to lack of previous experience, while also being unable to gain any experience due to this lack of work.

The new amendment now utilises a practical system of tests in which the solicitor's capabilities will be independently tested. This will enable the examiners to see just how capable an applicant is of practising law in the UK, judging their state of practise in a number of key areas and placing all applicants on a level footing.

This practical method was initially proposed to be a structured interview process, judging standards of English and competence, however the SRA now believe that seeing a solicitor's methods of practice will be a much more useful barometer when it comes to deciding their competence, with Dr Jonathan Spencer, chair of the SRA's Education and Training Committee stating that "We are confident that the new scheme will be rigorous, robust and fairer than the present system, ensuring all solicitors qualifying to practise in England and Wales have the same standards of knowledge, skills and intellect, and meet the same test of character and suitability."

In the long term, the scheme does appear to provide a much fairer route towards admission, even if it perhaps requires a little extra work. The QLTS will put all solicitors who qualify on a completely level footing, and will provide a superb demonstration of skills for foreign lawyers who may have had a difficult time proving their knowledge of the legal system within the UK under the previous QLTR.

The fact that all solicitors must pass this scheme also provides a much more fair and balanced system, eliminating the prioritisation of those who have qualified via domestic routes in many respects, as well as accurately weeding out those who are genuinely unable to practise in the UK thanks to the rigorous English tests and practical examinations.

Most importantly though, the QLTS will inspire confidence in every solicitor that passes it. Ensuring potential clients that you are fully qualified to practise in the country is vital, especially for foreign lawyers. The QLTS appears to aim to eliminate any uncertainty surrounding practising solicitors and their competence, and this can only be a good thing in the long run.

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