Non-Welsh SQE will impact access to justice

The issue of access to justice in Wales will be compounded if the Solicitors Qualifying Exam (SQE) is not o©ered in Welsh, the Junior Lawyers Division (JLD) said. Writing to the Welsh Language Commissioner Aled Roberts, outgoing JLD chair Amy Clowrey criticised the apparent decision of the SRA not to o©er the SQE in Welsh for now. She said this compounds the problem of access to justice in Wales “when coupled with, for example, court closures requiring lawyers and clients to attend non-Welsh speaking courts which are much further aŽeld”. Previously, the regulator said it would o©er a Welsh SQE if it could ensure comparability of standards and the cost of producing a Welsh version was not exorbitant.

The JLD said it would work with the Commissioner on this issue. In a separate letter, the JLD raised a range of concerns with the chair of the Justice Select Committee (JC), particularly that the SQE will dilute the standard of the solicitor qualiŽcation by moving away from an academic, essay-based means of assessing legal knowledge. This would a©ect the reputation of our legal industry, it said. The JLD called on the JC to timetable a short evidence session or inquiry to address the issues. Serious concerns raised by Žrms and legal educators such as Oxford University, Linklaters and Clyde & Co relate to the multiple choice question testing. Oxford University, for instance, previously said testing is “of no value in determining whether an individual would be able to give competent advice in situations in which the law is unclear…[this] can only be judged through more sophisticated forms of testing in which the candidate is permitted to explore the problem at length in writing”.

The JLD called for detailed scrutiny by the JSC and stakeholders, saying the current part one format is not Žt for purpose and presents a “clear risk to the reputation of the profession if introduced”. Although the pilot led to a major change to part one, further pilots are not anticipated and the JLD expressed “major concern” that it will not be tested until it actually goes live. It also warned of the likely adverse impact on social mobility and diversity in the profession if the SQE in its present form is introduced, citing concerns raised by Žrms and legal educators that non-law students, BAME students and the disabled could be disadvantaged.