Qualified Lawyers Transfer Scheme

Qualified Lawyers Transfer Scheme Outcomes

Updated on 17 November 2010

The table below states where further specific details about the context and potential scope of the QLTS assessments can be found, namely in the specific detail supporting the 4 stages to qualification in the domestic route (Academic stage, LPC, Training Contract and PSC). These references are either in square brackets or in the further comments column. Outcomes which have been coloured grey will not be assessed as they are assumed of all qualified lawyers.

Academic stage refers to the Learning Outcomes from the Joint Statement
LPC refers to the Legal Practice Course outcomes 2011 (PDF, 31 pages, 270K)
Training Contract refers to the Training Contract Handbook
PSC refers to the Professional Skills Course Guidelines and written standards

Day One Outcome A (last updated on 17 November 2010)

Core knowledge and understanding of the law applied in England and Wales
Outcomes	Indicative content	Further comments
A1 Knowledge of the jurisdiction, authority and procedures of the legal institutions and professions that initiate, develop, interpret and apply the law of England and Wales and the European Union	The legal system of England and Wales The principal EC institutions Sources and interpretation of Community law The relationship between Community and National law Competition Law Free movement of people Free movement of goods
A2 Knowledge of applicable constitutional law and judicial review processes	Constitutional principles and the rule of law Public order law Police powers Judicial review
A3 Knowledge of the rules of professional conduct, including the Solicitors' Accounts Rules	Professional Conduct the core duties of solicitors under Rule 1 acting only when competent to do so principles and practices of good client relations, client care and information about cost conflicts of interest client confidentiality and disclosure professional undertakings the solicitor and the court avoiding discrimination and promoting equality and diversity. Mortgage fraud [PSC] Rules in relation to advocacy [LPC/PSC] Solicitors Accounts requirement to maintain separate office and client ledgers and bank accounts obligations regarding payment into and drawings from client bank accounts entitlement to make transfers between client bank accounts and ledgers and between client and office bank accounts and the need to record such transfers obligation to pay interest to clients and the funding of such payments requirements in respect of the holding of trust monies powers of the Solicitors Regulation Authority to secure compliance with the Solicitors' Accounts Rules and should be able to: recognise, record and interpret receipts into and payments from office and client accounts prepare a simple statement for clients on completion of a matter.	See also Training Contract
A4 Knowledge of the regulatory and fiscal frameworks within which business, legal and financial services transactions are conducted	Money-laundering [LPC/PSC] FSMA and associated legislation (including Scope Rules) [LPC/PSC] Investment products (including tax implications) [PSC] Tax (Income Tax, Capital Gains Tax, Inheritance Tax, Corporation Tax, VAT) [LPC/PSC] The regulatory framework the requirements of practice including practising certificates and indemnity insurance in-house practice, including non-commercial advice services business management of private practice, including the supervision of solicitors' offices, sole principals, partnerships and incorporation relations with third parties. Money Laundering be familiar with the legislation, including the international context; be able to recognise circumstances encountered in the course of practice where suspicion of money laundering should be reported in accordance with the legislation, with particular reference to those types of legal work covered by Stage 1 Financial Services understand the purpose and scope of financial services regulation understand the financial services regulatory framework in general (including authorisation), and how it applies to solicitors' firms recognise when relevant financial services issues arise be able to apply financial services provisions to the types of work covered by the course be able to identify and find appropriate sources of information on financial services. Taxation Candidates should have a sufficient grasp of tax law to enable them to understand the impact of taxation on the areas assessed and should be able to: use the legal knowledge, skills, procedures and behaviours appropriate to the client; recognise and act within the rules of professional conduct; identify the client's reasonable expectations as to quality and timeliness of service. Element 1: Income Tax understand the main features of the income tax system including: total income; personal allowances; calculation of income tax liability understand the distinctions between taxation at source and direct assessment and the taxation of income from investments and interest appreciate the existence of anti-avoidance legislation such as the rules relating to gifts and settlements. Element 2: Capital Gains Tax the main principles of capital gains tax, including the charge on the disposal or deemed disposal of assets and the calculation of chargeable gains the main exemptions and reliefs from capital gains tax. Element 3: Inheritance Tax understand the principles relating to the charge to tax: on death; on immediately chargeable lifetime transfers; in relation to potentially exempt transfers; on gifts with the reservation of benefit be familiar with: payment of tax due; exemptions and reliefs; the principle of cumulation; valuation; accountability and burden; anti-avoidance provisions. Element 4: Corporation Tax Candidates should understand the principles relating to the charge to tax and charges on income. Element 5: VAT Candidates should understand the basic principles of VAT including: registration of taxable persons; taxable supplies; input and output tax; standard and zero rating; exemptions.
A5 Understanding of Contract law	Formation of contracts Privity of contract Terms implied by statute and common law Exclusion and limitation clauses Vitiating factors Discharge and frustration Remedies	The specific detail states the preliminary knowledge which students are expected to have before starting the LPC.
A6 Understanding of Torts	Common causes of action: negligence (duty, breach, causation, remoteness and loss) nuisance trespass to the person, goods and land Occupiers liability Employers liability Product liability Vicarious liability Defences Loss and damage including pure economic loss and damages for nervous shock	The specific detail states the preliminary knowledge which students are expected to have before starting the LPC.
A7 Understanding of Criminal Law	Theft and related offences Offences under the Fraud Act 2006 Homicide offences Offences against the Person and Property Defences Parties Attempts	The specific detail states the preliminary knowledge which students are expected to have before starting the LPC.
A8 Understanding of Property Law	Nature of legal estates and interests Equitable interests Easements Covenants Mortgages Joint ownership Registered and unregistered land (including registration of charges) Leases	The specific detail states the preliminary knowledge which students are expected to have before starting the LPC.
A9 Understanding of Equitable rights and obligations	Nature of fiduciary relationships and the duties of fiduciaries in the context of trusts Powers and duties of trustees Formality and constitution of trusts Express trusts and non express trusts	The specific detail states the preliminary knowledge which students are expected to have before starting the LPC.
A10 Understanding of Human Rights	European Convention on Human Rights and Human Rights Act	Knowledge of human rights is preliminary knowledge expected of students before starting the LPC.
A11 Understanding of the laws applicable to business structures and the concept of legal personality	Limited companies: Liability and corporate personality Partnership: liability, fiduciary duties and authority of partners	See LPC.

Day One Outcome B

Intellectual, analytical and problem-solving skills
Outcomes	Indicative content	Further comments
B1 Ability to review, consolidate, extend and apply knowledge and understanding		See academic stage/LPC and Training Contract for further detail.
B2 Ability to frame appropriate questions to identify clients' problems and objectives, and to obtain relevant information		Outcome reflected at all stages but In particular in LPC.
B3 Ability to evaluate information, arguments, assumptions and concepts		See academic stage/LPC and Training Contract for further detail.
B4 Ability to identify a range of solutions		See academic stage/LPC and Training Contract for further detail.
B5 Ability to evaluate the merits and risks of solutions		See academic stage/LPC and Training Contract for further detail.
B6 Ability to communicate information, ideas, problems and problems and solutions to clients, colleagues and other professionals		Outcome reflected at all stages but in particular on LPC.
B7 Ability to initiate and progress projects		See LPC/PSC.

Day One Outcome C

Transactional and dispute resolution skills
Outcomes	Indicative content	Further comments
C1 Ability to establish business structures and transfer businesses	LPC Outcomes understand the nature and structure of the different business media and be able to select an appropriate medium and structure to meet the client's commercial requirements and to advise on the legal and taxation implications be able to progress basic business transactions arising during the life and development of a business understand the interests of different parties involved in the business including directors, shareholders and creditors of a business. And should also be able to: interpret and apply primary source materials, constitutional documents and other relevant agreements identify conduct and regulation issues, such as conflicts of interest and FSMA, as they arise in the context of relevant transactions draft the relevant documentation and prepare the appropriate forms and filings. Element 1: Business media be able to advise the client as to the advantages and disadvantages of different business media including sole traders, partnership and companies be able to advise on form and legal structure and on the cost, procedures, formalities and taxation implications of setting up and running the business be familiar with the procedures required to incorporate a company and/or form a partnership and understand the approvals, filings and procedures to enable the business to commence operating be familiar with the roles, rights, responsibilities and liabilities of the participants understand the procedures to alter the constitution of a company and to appoint and remove the officers of a company understand how to allot, issue and transfer shares. Element 2: On-going operations and common transactions: progress common business transactions and advise and take steps relating to the business's on-going operations advise on entering into contracts on behalf of the business (including issues arising from contracts in which directors have an interest) advise on steps to protect the assets of the business advise on issues arising from basic finance and lending draft notices, agendas and minutes of meetings and complete and file routine statutory forms and maintain and up-date statutory books advise on taxation of profits (income and capital) generated and distributed by the business demonstrate an appreciation of the continuing duties, obligations and liabilities of the business and of its partners, directors and shareholders advise on the options for and claims arising on insolvency, e.g. bankruptcy, winding up and administration draft and review documentation to give effect to transactions. Element 3: Stakeholders understand the different interests of parties involved in the business including the company, directors, shareholders and creditors of the business be aware of potential conflicts between the different parties understand the importance of knowing the client. Element 4: Business accounts Understanding of the principles of business accounting and should be aware of the need to interpret business accounts to ensure clients are appropriately advised. In particular, should: understand the terms used and basic accounting concepts be familiar with how accounting data is used to prepare a profit and loss account and a balance sheet understand the construction of and be able to analyse and interpret a simple balance sheet and profit and loss account of a sole trader, partnership and limited company understand the nature of shareholders' funds
C2 Ability to seek resolution of civil and criminal matters	LPC Outcomes Candidates should: understand the nature of civil and criminal litigation be able to identify the critical steps in the process of litigation. Element 1: Case analysis should be able to analyse factual material, identify the legal context in which factual issues arise, relate the central legal and factual issues to each other and be able to: identify the elements of selected causes of action and criminal charges identify, analyse and, if necessary, research the propositions of fact going to the elements and be able to identify, analyse, secure and preserve evidence to support propositions of fact identify, analyse and advise on the admissibility and relevance of evidence and assess the strengths and weaknesses of each side's case including, where appropriate, the opponent's evidence. Element 2: Courses of action and funding should be able to: identify possible courses of action, demonstrate an awareness of the legal and non-legal consequences of selecting a course of action and advise the client on the attendant costs, benefits and risks advise the client on the different ways of funding litigation, including the availability of public funding. Element 3: Procedure should be able to identify the steps and strategies that need to be taken in the preparation and conduct of litigation. Element 4: Civil Litigation and Dispute Resolution should be able to: identify the appropriate forum for the resolution of the dispute, including appropriate methods of alternative dispute resolution identify possible cost consequences of different outcomes, the effect of the different costs rules and the impact of the likely costs orders on the conduct of litigation demonstrate an understanding of the Civil Procedure Rules, the overriding objective, and their application demonstrate an understanding of the court's role in the litigation process, in particular the court's case management powers and duties identify steps to be taken prior to commencement and be able to issue, serve and respond to claim forms advise on interim applications, prepare and conduct applications to the master or district judge understand the steps needed to prepare the case for trial and the procedure and evidential issues arising from expert witnesses, witnesses of fact and disclosure, and demonstrate an awareness of the basic elements of trial procedure demonstrate an awareness of the mechanisms which are available to enforce and appeal a judgment prepare the appropriate documentation and draft claim forms, particulars of claim, defences, application notices, orders and witness statements. Element 5: Criminal Law and Practice should be able to: demonstrate an understanding of the Criminal Procedure Rules, their overriding objective, and their application demonstrate an understanding of the court's role in the litigation process, in particular the court's case management powers and duties demonstrate an awareness of police station representative accreditation schemes, and the court duty solicitor scheme explain the custody, review and detention limits under PACE and the role of the custody officer identify the steps involved in making an application for a representation order identify the steps involved in making or contesting a bail application identify the practical and tactical considerations involved in determining the mode of trial, including an awareness of the range of sentences available, and advise the client accordingly assist in the preparation and conduct of a summary trial, committal proceedings and a trial on indictment. Settlement, mediation, adjudication [Training Contract]
C3 Ability to establish and transfer proprietary rights and interests	LPC Outcomes In the context of domestic or commercial transactions or both, and in relation to freehold and leasehold property: appreciate the nature of a property transaction be able to identify and perform the critical steps in a transaction be aware of conflicts of interest that may arise when acting for more than one party in a property transaction understand the requirements of lenders and the need to consider money laundering issues have a sufficient grasp of the tax aspects of a property transaction, including Stamp Duty Land Tax. Element 1: Pre-contract stage take preliminary instructions and advise on client care identify the steps needed to raise and the issues arising from pre-contract enquiries and pre-contract searches deduce and investigate title as appropriate to the transaction report on the transaction to the client decide, with the client where appropriate, what action needs to be taken and identify what action (if any) the client has to take analyse and draft a contract (and constituent clauses). Element 2: Binding contract Should understand when the contract becomes binding and should appreciate the need to: advise the client on the terms of any offer of finance and ensure that adequate finance is available before committing the buyer to the contract select a method of making the contract binding appropriate to the transaction. Element 3: After the contract becomes binding Should be able to: deal appropriately with the deposit, obtaining undertakings and insurances prepare appropriate, clear and precise undertakings draft document(s) (whether paper-based or electronic) necessary to transfer the legal estate report on the title to the lender prepare the mortgage documentation prepare for completion and select a method appropriate to the transaction carry out the completion and the relevant post-completion steps complete the mortgage and protect the lender's security discharge any existing mortgage over the property.
C4 Ability to obtain a grant of probate and administer an estate	Should have general overview of content, format and validity of wills, obtaining grants of representation and administration of an estate [LPC] and should be able to: use the legal knowledge, skills, procedures and behaviours appropriate to the client identify the client's goals and alternative means of achieving those goals, and deal appropriately with client care recognise and act within the rules of professional conduct identify the client's reasonable expectations as to quality and timeliness of service. Element 1: Pre-grant practice candidates should understand: validity, revocation and alteration of wills and codicils total and partial intestacy identification of property passing by will, intestacy or outside of the estate valuation of assets and liabilities and the taxable estate. Element 2: Application for a grant of representation candidates should understand: the necessity for and main types of a grant the powers and duties of personal representatives and their protection the main types of oath for executors or administrators. Element 3: Post-grant practice candidates should understand: collection and realisation of assets, and claims on the estate raising funds and the payment of inheritance tax and debts pecuniary legacies, vesting of gifted property in the beneficiaries entitled and distribution of the residuary estate.
C5 Ability to draft legal documentation to facilitate the above transactions and matters	LPC Outcomes Drafting candidates should: understand the content and requirements of formal legal documents in the core practice areas understand the principles of good drafting and editing be able to explain their own and others' drafting. Element 1: Drafting and amending documents Should be able to draft and amend basic documents or provisions that: demonstrate an understanding of the relevant legal, factual and procedural issues meet all formal legal or other requirements demonstrate a considered choice, use and adaptation of templates or precedents are in prescribed or generally accepted form. Element 2: Style of drafting and amending Should be able to draft and amend documents that: use accurate, straightforward and modern language use correct spelling, grammar, syntax and punctuation are easy to follow, internally consistent and free of ambiguity use recitals, definitions and boilerplate correctly and appropriately have a clear, logical, consistent and appropriate structure, layout and use of numbering and schedules. Element 3: Explaining and editing Should be able to: explain in clear and simple terms the meaning and effect of basic documents and the possible implications for the client review and edit their own and others' drafting to identify and correct omissions, errors and unnecessary provisions.
C6 Ability to plan and progress transactions and matters expeditiously and with propriety	Producing schedule for a case/transaction [LPC] Planning work including time, cost and risk management [LPC]	See detailed outcomes for the LPC and Training Contract.

Day One Outcome D

Legal, professional and client relationship knowledge and skills
Outcomes	Indicative content	Further comments
D1 Knowledge of the legal services market		See LPC.
D2 Knowledge of commercial factors affecting legal practice		See LPC and Training Contract.
D3 Ability to undertake factual and legal research using paper and electronic media	From primary sources [Academic stage] LPC Outcomes Candidates should: understand the need for thorough investigation of all relevant factual and legal issues involved in a transaction or matter be able to undertake systematic and comprehensive legal research be able to present the results of their research. Element 1: Legal and factual issues should be able to investigate legal and factual issues and: determine the scope and identify the objectives of the research determine whether additional information is required and identify appropriate sources for factual investigation identify the legal context(s) and analyse the legal issues address all relevant legal and factual issues. Element 2: Research should be able to undertake systematic and comprehensive research and: identify and apply current case law, statute law, statutory instruments, regulations and rules to the research problem identify, prioritise and use relevant primary and secondary sources locate and update cases and statutes, and use indices and citators use periodicals, digests and standard practitioner texts select and use appropriate paper and electronic research tools. Element 3: Presentation of results should be able to: keep a methodical, accurate and complete record of the research undertaken draw clear conclusions and identify courses of action present the results of their investigation and research in a way which meets the skills outcomes.	See also Training Contract.
D4 Knowledge to use technology to store, retrieve and analyse information		See academic stage and Training Contract.
D5 Knowledge to communicate effectively, orally and in writing, with clients, colleagues and other professionals	Understanding and ability to choose the appropriate method of communication [LPC/Training Contract] Understanding and ability to apply principles of good writing [LPC/Training Contract] LPC Outcomes writing Candidates should be able to communicate effectively in writing and should: understand and be able to choose the appropriate method of communication understand and be able to apply the principles of good writing. Element 1: Appropriate use of media Candidates should: understand the appropriate uses of emails, letters, memoranda and other forms of written communication be able to choose the appropriate medium, form and style be able to tailor the written communication to suit the purpose of the communication and the needs of different clients or recipients. Element 2: Writing style should be able to produce written work which is appropriate for the chosen medium and the recipient and which: uses accurate, straightforward and modern language uses correct spelling, grammar, syntax and punctuation has a clear, logical, consistent and appropriate structure and format has been checked and edited. Element 3: Content should be able to produce written work which: forms a coherent whole and, where appropriate, advances the matter; addresses accurately and correctly all the relevant legal and factual issues and, where appropriate, identifies practical options including the costs, benefits and risks of those options identifies clearly clients' objectives and priorities, addresses their concerns and carries out their instructions accurately and systematically records a meeting or presentation and its outcomes. LPC Outcomes I and A should demonstrate an understanding of the principles and techniques of the skills of interviewing and advising. Element 1: Interviewing Should: be able to choose an appropriate way to obtain relevant information be able to plan, prepare for and identify the objectives of an interview understand how to conduct an effective interview that elicits the relevant information, allows the client to explain any concerns, anticipates the client's questions and has clear outcomes be able to listen actively and use appropriate questioning techniques be able to establish a professional relationship. Element 2: Advice and follow up Should be able to: advise the client taking into account the client's objectives, priorities and constraints and addressing all relevant factual, practical and legal issues identify possible courses of action, the legal and non-legal consequences of a course of action (including the costs, benefits and risks) and assist the client in reaching a decision identify any further decisions to be made or steps to be taken and manage the client's expectations including likely outcomes and timescales accurately record an interview, advice given orally, decisions made by the client and follow-up steps and, where appropriate, confirm instructions in each case in accordance with the outcomes for Writing identify the circumstances in which to take instructions or seek advice from a supervising solicitor.	See outcomes for all stages.
D6 Ability to advocate a case on behalf of a client	understand basic skills in presentation of cases before courts and tribunals [LPC/Training Contract/PSC] ability to formulate and present a coherent submission [LPC/Training Contract/PSC] LPC Outcomes should: understand the importance of preparation and the best way to undertake it understand the basic skills in the presentation of cases before courts and tribunals be able to formulate and present a coherent submission based upon facts, general principles and legal authority in a structured, concise and persuasive manner. Element 1: Case analysis and preparation should be able to: identify and analyse the relevant facts, the legal context in which the factual issues arise, and how they relate to each other summarise the strengths and weakness of the case from each party's perspective prepare the legal framework of the case, and a simple narrative outline of the facts prepare the submission as a series of propositions based on the evidence identify, analyse and assess the purpose and tactics of examination, cross-examination and re-examination to adduce, rebut and clarify evidence. Element 2: Oral presentations Should be able to: identify, analyse and assess the specific communication skills and techniques employed by a presenting advocate demonstrate an understanding of the ethics, etiquette and conventions of advocacy.
D7 Ability to exercise solicitors' rights of audience	civil and criminal courts [PSC]	See outcomes for LPC/Training Contract/PSC
D8 Ability to recognise clients' financial, commercial and personal priorities and constraints		See outcomes for LPC/Training Contract/PSC
D9 Ability to exercise effective client relationship management skills	dealing with difficult clients [PSC]
D10 Ability to act appropriately if a client is dissatisfied with advice or services provided.	avoiding complaints/identifying potential complaints [PSC] handling complaints [PSC]	See also Training Contract.

Day One Outcome E

Personal development and work management skills
Outcomes	Indicative content	Further comments
E1 Ability to recognise personal and professional strengths and weaknesses		See LPC and Training Contract.
E2 Ability to identify the limits of personal knowledge and skills		See LPC and Training Contract.
E3 Ability to develop strategies to enhance professional performance		See Training Contract.
E4 Ability to manage personal workload		See Training Contract and PSC
E5 Ability to employ risk management skills		See Training Contract and PSC
E6 Ability to manage efficiently, effectively and concurrently a number of client matters		See LPC/Training Contract/PSC
E7 Ability to work effectively as a team-member		See Training Contract

Day One Outcome F

Professional values, behaviours, attitudes and ethics
Outcomes	Indicative content	Further comments
F1 Knowledge of the values and principles upon which the rules of professional conduct have been developed
F2 Ability to behave professionally and with integrity
F3 Ability to identify issues of culture, disability and diversity
F4 Ability to respond appropriately and effectively to the above issues in dealings with clients, colleagues and others from a range of social, economic and ethnic backgrounds		See LPC/PSC
F5 Ability to recognise and resolve ethical dilemmas		See LPC/Training Contract/PSC.

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