Fears that vocational training could produce unethical and underqualified lawyers

The Law Society is endeavouring to protect the revered training contract (TC), saying qualification as a solicitor that does not involve a TC is 'watered down' and could 'damage' the UK legal system's global reputation.

The largest representative body of solicitors said the proposed removal of the training contract is a 'step too far' for a qualification that is already viewed as '[a] "light touch" on the global stage'.

The society published a response to the Solicitors Regulation Authority (SRA) 'Training for tomorrow' proposals that strongly advocated against deviating from the traditional route to qualification as a solicitor via a TC.

The report said: 'Whilst agreeing that improvements to the current system of qualification should be made, the firms we spoke to were highly critical of the prospect of solicitors qualifying having taken an assessment, with no requirement for a period of supervised work based learning. As one firm said "There is a danger around the UK's position as governing law if other jurisdictions think there is insufficient rigour".

'There is, therefore, a significant risk that the SRA's proposed changes to the qualification framework may undermine the positive perceptions held in relation to England and Wales lawyers and in the long-term, undermine the global competitiveness of UK law.'

In its response, the Law Society said: 'It is anticipated that one of the effects of these proposals will be a widening of access to the profession and entry by those who are less likely to progress through more traditional pathways,' something that has already begun to happen following the introduction last year of a formal period of recognised training (PRT), under which a TC falls.

The Law Society said there was a sense among firms it had spoken to that the SRA 'had not thought about its proposals in the context of UK law as a high quality globally exported commodity and service industry'. 

Although firms were open to the recognition of non-degree routes, responses were overwhelmingly in favour of the legal practice course (LPC) route. One commenter said: 'I would welcome an element of standardisation… but that could happen through the LPC.'

However, those solicitors from firms that had incorporated a bespoke LPC as part of their training had less of an open-minded approach to the reforms, saying, 'If there's no LPC then universities should make it that all law degrees incorporate the LPC within the curriculum,' and 'LPC is preparing someone for work, a long induction to starting work as a solicitor.'

Some respondents were outspoken enough to say that the removal of the training contract as a regulatory requirement would have 'an impact in particular on ethical judgement and professional behaviour and client-facing commercial lawyering skills'.

Julie Brannan, the SRA's director of education and training, said the regulator had not yet made any decisions about the future training of solicitors, and that all contributions to the debate were 'helpful'.

From behind what seemed like gritted teeth, Brannan said: 'We are pleased that firms welcome the clarification around standards for solicitors and have expressed their "cautious support" for a centralised assessment.

'Such an assessment would address the recognition in the report that there are significant disparities on the legal practice course, and that variation in standards at the end of the training contract is "inevitable" in the current model, as so many training principals are assessing the standard.'

Brannan said the SRA had commissioned its own independent research on the economic impact of the proposals and the rigour and consistency of any new centralised assessment for solicitors, adding that the SRA was 'very conscious' of the importance of public confidence in the profession, both domestically and internationally.

Mark Solon, the managing director of Wilmington Legal, said: 'As a provider of education for solicitors, we support the Law Society in promoting the highest professional standards, but the independence of the regulator must be respected. The legal world has had more changes in the last five years than in the last 200. Clients want solutions, and provided the personnel within a legal organisation know their field, clients are not interested in how they attained that knowledge.'

Laura Clenshaw is the managing editor of Solicitors Journal

@L_Clenshaw