SRA to consult on new Qualified Lawyers Transfer Scheme
10 November 2008
Consultation on a new scheme for lawyers qualified overseas and other lawyers qualified in the UK1 who wish to be admitted as solicitors in England and Wales, starts today, 11 November 2008.
Following a full review by the SRA of the current system, the proposed Qualified Lawyers Transfer Scheme (QLTS) is designed to ensure that all solicitors in England and Wales have comparable standards of skills and knowledge, however they qualify. Under the proposals the QLTS would be accessible to lawyers in more countries than the current transfer arrangements.
The consultation will run for 12 weeks, although changes are not expected to take effect before 2010.
The SRA's review was prompted by a number of issues:
- a commitment to remove unnecessary barriers to qualification
- a commitment and duty to regulate so that members of the public can be confident that all solicitors, however they qualified, are competent to practise
- the modernisation of the domestic route to qualification and the wish to ensure parity between domestic and overseas qualification routes
- concerns about the robustness of the current transfer scheme
- the rise in the number of solicitors who qualify using the transfer scheme - about 20% of the total number of solicitors who qualify each year having followed the transfer route.
The proposed new scheme would:
- Introduce three assessment schemes - one for UK qualified lawyers, one for lawyers qualified in overseas jurisdictions, and an aptitude test for European lawyers.
- Provide for a sole assessment organisation to be appointed to manage the assessments on behalf of the SRA.
- Open up eligibility to transfer to lawyers from an increased number and wider range of jurisdictions than at present.
Dr Jonathan Spencer, chair of the SRA's Education and Training Committee, said: "During the eighteen years since the original Qualified Lawyers Transfer Regulations were introduced, there have been many changes both in legal education generally and the domestic route to qualify as a solicitor in England and Wales. The transfer scheme is now out of step.
"It doesn't serve any purpose to have a transfer scheme that is not rigorous and robust. It does not serve the public or the profession if the standards do not match those for solicitors qualifying here. Nor does it help people who wish to transfer and who will be competing for jobs.
"The proposed new scheme would be based on the same standards of knowledge, skills and intellect, and the same test of character and suitability, that now underpin the domestic route to qualification. This would be fairer than the present system.
"The proposals contain many novel features, and we shall welcome comments and observations to help us optimise the new scheme before it is finalised."
Tony King, a member of the Review Group on QLTS, and Head of HR Development at Clifford Chance LLP, said: "The QLTR is long overdue for a review. The training environment has changed around it but that route has remained largely static. All the stakeholders - the regulators, the profession, the providers, would-be entrants - need to work together to ensure the regime is "fit for purpose" for the benefit of the profession and the public."
The original QLTR scheme was introduced in 1990 for lawyers from a range of countries to qualify as solicitors in England and Wales. The regulations recognise obligations within Europe to facilitate the free movement of EU nationals. The consultation paper on QLTS is available to download from the SRA website at www.sra.org.uk/consultations, and the closing date for comment is 6 February 2009.
Solicitors in Scotland and Northern Ireland; Barristers in England and Wales and Northern Ireland; and Advocates in Scotland.