Are we ready for new routes into the profession?

There is a real risk the SRA’s work on improving diversity and social mobility could amount to nothing, writes Verity Quaite

In the last year, around a dozen people qualified ?as solicitors through equivalent means, the route to qualification introduced by the Solicitors Regulation Authority (SRA) in 2014 that permits exemptions from parts of the academic and vocational stages of training.  

Despite the introduction of a competence statement in April 2015, the exact nature of the experience that will be accepted by the SRA remains somewhat unclear, though in theory the introduction of alternative routes to qualification, rather than the rigid and expensive LLB/graduate diploma in law, legal practice course (LPC), and training contract formula, should foster diversity in the profession by making routes to qualification more flexible and accessible. 

This year, the SRA is considering and will be consulting on further changes ?in a bid to improve accessibility. At the Young Legal Aid Lawyers’ (YLAL) September meeting, the SRA’s director of education and training, Julie Brannan, raised ?the possibility of introducing a common practice assessment at the post-training contract stage. 

This would enable the regulator to certify the competence of those passing their training contracts, as well as demonstrating the comparability and credibility of alternative routes to qualification. However, for the new assessment to ?be successful in increasing accessibility, and therefore diversity within the profession, ?a number of issues would need ?to be ironed out. 

For many in the profession, ?a shift away from the current system is unpalatable. The Law Society’s response to the ?SRA’s ‘Training for Tomorrow’ consultation demonstrates ?the reluctance to acknowledge alternatives to training contracts, citing the ‘damage’ to the reputation of the UK legal system that a ‘watered down’ training contract would have. 

Without real change in opinion within the profession, alternative routes will become unviable, ?as they will present little real prospect of success. The bottleneck will simply shift from the pre to post-training contract stage, with those who cannot afford the rising costs of studying undertaking low or unpaid jobs, and those who do not wish to be encumbered by substantial debt continuing to be deterred. 

The additional cost of an extra assessment may also present a further barrier to entry to the profession to those from less privileged backgrounds. Those who could not self-fund the exam(s) would rely on their employers, for whom there ?would be little incentive to put would-be solicitors through ?the assessment. Why pay for examinations and subsequently ?a higher salary for your employee when you could continue to ?pay your unqualified paralegal ?a lower wage for the same standard of work? 

It is likely the introduction of this assessment could contribute to the rising ‘paralegalisation’ of the sector, with aspiring solicitors taking on more responsibility in order to demonstrate their experience – without the salary ?to reflect it. 

There is a real risk, if these issues are not considered and addressed, that the work the ?SRA is doing to improve diversity and social mobility could amount to nothing. In 1993, the LPC replaced the Law Society finals ?as the only route to qualification, and subsequently other routes ?to qualification have proliferated, including the qualified lawyers transfer scheme, apprenticeships, and equivalent means. 

There are legitimate concerns that a common practice assessment, if introduced without an opportunity for real discussion and debate, could represent a backward step for the cause of social mobility.

Verity Quaite is an aspiring barrister, paralegal at Fulcrum Chambers, and committee member of the YLAL @YLALawyers www.younglegalaidlawyers.org