A final solution - 16 March 1990

Few people will mourn the passing of the solicitors' final examination if the Law Society's proposal to abolish it comes to fruition. There is more controversy about whether the regime intended to replace the course will equip the profession better to meet the challenges which lie ahead.

The flaws in the system for educating solicitors are widely acknowledged. Certainly, the present finals course is a significant improvement on the old six months one, but it still depends too heavily on testing the memory. This is not to say that a solicitor does not need a good memory '“ but that is only one of a range of necessary attributes, several of which (including, for example, communication skills) are even more important.

The ever rising cost of the course is also a source of concern. Discretionary grants are not as widely available today as in the quite recent past. There is a risk that many young people with strictly limited financial means will find it difficult, perhaps even impossible, to join the profession '“ which will suffer as a result.

The Law Society suggests that academic training should either incorporate or be followed by a legal practice course lasting for 24 weeks. This would be intended to equip students with the legal skills to perform common basic transactions with competence. The emphasis would shift from teaching law itself to training in drafting, interviewing, appearing in court and so on. This course would be followed by a training contract comparable to the current system of articles of clerkship. The contract would be subject to 'exacting Law Society specifications' and would end with a two-week professional skills course to be paid for by the employing firm.

The Law Society's training committee, which has put the new package together, believes that, even though more institutions may offer an 'integrated law degree' incorporating the 24 week course, places at the College of Law will remain in demand. Whether it is right remains to be seen.

In theory, the proposal has much to commend it. How it will work in practice must depend on the content and quality of the legal practice course and the training contract but - as seems to be the modern trend - the time for reflection on this major shake-up is relatively short. The Council of the Law Society will consider the proposals in the light of views emerging from consultation in May. It is envisaged that the new courses might begin as early as the autumn of 1991. Those who scoff at lawyers' delay might be surprised to hear that the profession contemplates achieving far-reaching changes in its educational system in such a short period of time. It is argued that the timetable will help to minimise the risk that students would put off the present finals course for a year in order to take advantage of the new set-up.

Could it be, though, that much of the impetus comes from the perceived need to increase the number of qualified entrants to the profession, thus easing the recruitment crisis? The limited number of places on the finals course is a problem, but if a solution were to be seized upon in panic, the risk is that the quality of entrants would actually decline as the quantity increased. This must not be allowed to happen. The aim must be that any change is demonstrably for the better and that it serves the needs of the clients as well as of the profession.

Copyright & permissions