QLTR guidance changes
27 June 2008
Revised guidance for foreign lawyers wanting to practise as solicitors in England and Wales
Following public consultation, the Solicitors Regulation Authority has announced improvements to the arrangements which allow foreign lawyers to be admitted as solicitors in England and Wales-the Qualified Lawyers Transfer Regulations (QLTR).
The changes are an interim measure, to help to ensure that all solicitors in England and Wales have the knowledge and skills to practise competently and effectively. Around one in five new solicitors who qualify each year do so through the transfer route.
Guidance, revised in the light of the consultation, was agreed by the SRA's Board yesterday and will take effect from 1 September 2008. It follows a consultation held earlier this year, to which 216 individuals or groups responded. The changes were supported by the majority of consultation responses, although several criticisms were also raised.
Antony Townsend, chief executive of the SRA said: "The reason for the changes is to help to ensure that all solicitors in England and Wales – however they qualified – have the knowledge of the law and insight into legal practice in England and Wales to be able to offer competent advice to their clients. The changes are designed to protect the public interest, to be fair to all solicitors, and to continue to allow appropriately experienced lawyers who qualified abroad to come and practise in England and Wales as fully recognised England and Wales solicitors.
"There were weaknesses with the current system and the existing guidelines were vague in some areas, with the risk of inconsistency and unfairness."
The changes agreed are:
- Clarified guidance on the existing experience requirements set out in the regulations now confirms that all transferees will have at least one year's experience of the law of England and Wales before they are admitted as solicitors.
- New guidance for use when considering requests for exemption from the Qualified Lawyers Transfer Test (QLTT)
- A temporary hold on organisations that can set and mark the QLTT (pending the introduction of further safeguards to secure standards). This will take effect immediately.
Mr Townsend added: "We would like to thank everyone who responded to the consultation. We have looked at these responses carefully, considering all the points raised, and we have modified the guidance as a result.
"Overall, the new guidance on experience will be easier for many transferees to satisfy than the current requirements. We accept it will make it more difficult for some, but believe the guidance is proportionate and fair, and will help to ensure that all clients can continue to have confidence in the solicitors they instruct, regardless of their route to qualification."
For further information please contact the SRA Press Office on 01527 883229.
Note to editors
- The Qualified Lawyers Transfer Regulations, introduced in 1990, allow some lawyers who have qualified outside England and Wales and barristers of the English Bar, to practise here.
- Many overseas lawyers can and do practise in England and Wales under their home professional title. These changes to guidance do not affect lawyers practising in this way.
- A full and fundamental review of the whole QLTR scheme is under way. However, it is unlikely a new transfer scheme could be introduced before the start of 2010, as approval would be required under the provisions of the Courts and Legal Services Act.
- More information