Training contract, decision to second a trainee solicitor
Principles of regulatory decision-making, approved by the SRA Board, provide a set of standards applicable to decisions. The principles are supported by guidelines.
The reasons given by a decision-maker will normally include specific criteria applicable to the decision. SRA Policies relevant to decision-making are reflected in the criteria.
The following criteria are relevant for the decision-maker but are not exhaustive:
- The applicant:
- submits an application in writing;
- provides the name of the organisation where the trainee will be seconded;
- provides details of the type of work the trainee will be doing;
- provides the name and experience of the person who will supervise the trainee during the secondment;
- details the time-period of the secondment;
- confirms the training requirements will be adhered to during the secondment.
The example below is illustrative and does not set any type of precedent. Each matter is considered on its own facts and merits.
A firm applies to second their trainee to another local firm of solicitors as it is unable to offer a third seat and has arrangements in place for its trainee to serve a six month period at another firm, while they continue to be responsible for the training and pay the salary to the trainee.
The fact that the firm offered specialised training was noted at the time of authorisation. As part of its authorisation the firm had stated that whilst it only offers two areas of law within which it can train, it has arrangements with another local firm for trainees to work on a six month basis.
We are satisfied the firm and trainee complying with the requirements of the Solicitors’ Training Regulations 2009 and agree to a secondment to another local firm.