SRA Training for Tomorrow Threats & Opportunities for Law Clinics

Training for yesterday It still looks like … Training for yesterday

Solicitors Qualifying Exam A done deal Requirement for a degree is an important concession Threats and opportunities for most law schools Threat to traditional academic LLBs that do not address professional qualification Opportunities for those that do Opportunities to mainstream clinical legal education and contribute to local access to civil justice

SQE Stage 1 SQE Stage 1 The depth and breadth of legal knowledge required of candidates in any of the assessments is that of Functioning Legal Knowledge. This means that a candidate should be able to: identify relevant core legal principles or rules – whether derived from cases, statutes or regulatory sources   apply them appropriately and effectively to client-based and ethical problems and situations encountered in practice. Candidates are not required to recall case names or cite statutory authority except where specified.

SQE Stage 1 6 x Functioning Legal Knowledge Assessments: Principles of Professional Conduct, Public and Administrative law, and the Legal Systems of England and Wales Dispute Resolution in Contract or Tort Property Law and Practice Commercial and Corporate Law and Practice Wills and the Administration of Estates and Trusts Criminal Law and Practice. 1 x Practical Legal Skills Assessment: Legal Research and Writing.

SQE Stage 2 There are five Practical Legal Skills Assessments: Client Interviewing Advocacy/Persuasive Oral Communication Case and Matter Analysis Legal Research and Written Advice Legal Drafting.

SQE Stage 2 The candidate must choose two contexts from the following list:   Dispute Resolution Property Commercial and Corporate Practice Criminal Practice Wills and the Administration of Estates and Trusts. Each of the five practical legal skills assessments is assessed once in each chosen context.

SQE Stage 2 This is a total of ten assessments. All ten assessments must be passed. The assessments are set in a range of practice contexts to provide a platform for the assessment of competence. They assess the core competences required for effective practice, including ethical and professional conduct, but do not assess legal knowledge. Primary legal resources will be provided to candidates. Although the stage 2 assessments are assessing skills, the candidate cannot be competent in a skill area if they misconceive the law. If candidates are not able to correctly identify and apply legal principles or ethical considerations, they will fail the assessment.

Pre-qualification work based experience 24 months (possibly 18 months) - To be taken before SQE Stage 2 Legal experience would need to be obtained either in an SRA-regulated entity or under the supervision of a solicitor in a non-SRA regulated entity. We would expect employers or the supervising solicitor (where work experience was not gained in a regulated entity) to sign a declaration that a candidate had had the opportunity to develop the competences in the Statement of Solicitor Competence through the required period of workplace experience.

Pre-qualification work based experience Periods of experience acquired under a formal training contract, through working in a student law clinic, as an apprentice or a paralegal, or through a placement as part of a sandwich degree could all contribute to this requirement.

SRA - Possible Routes to Qualification

Effect of SQE Splits traditional LPC between SQE Stages 1 & 2 Procedure taught and assessed alongside legal knowledge in SQE Stage 1 Skills developed through ‘opportunity to develop the competences’ in legal work based experience and assessed in SQE Stage 2

How much legal knowledge is required to pass SQE Stage 1 ? The depth and breadth of legal knowledge required of candidates is that of 'functioning legal knowledge'. This means that a candidate should be able to: identify relevant core legal principles or rules – whether derived from cases, statutes or regulatory sources apply them appropriately and effectively to client-based and ethical problems and situations encountered in practice.

How much legal knowledge is required to pass SQE Stage 1 ? Candidates are not required to recall specific case names or cite statutory or other regulatory authorities except where specified. Candidates are required to demonstrate an ability to navigate their way round the Civil Procedure Rules so as to be able to identify relevant provisions and apply them to the conduct of a civil dispute.

How much legal knowledge is required to pass SQE Stage 1 ? e.g. Dispute Resolution in Contract or Tort - Legal Knowledge In this assessment candidates are expected to draw on and apply knowledge from the following areas of law to civil dispute scenarios regularly encountered in practice: The core principles of contract law The core principles of tort The principles, procedures and processes involved in dispute resolution and the Rules of Civil Procedure.

How much legal knowledge is required to pass SQE Stage 1 ? Looks like first instance law rather than cases on appeal Looks like LPC law rather than LLB law Compare Draft Assessment Criteria with SRA Statement of Legal Knowledge

DAC - Dispute Resolution in Contract or Tort Functioning Legal Knowledge Assessment Candidates are required to demonstrate that they know how to: A. Analyse merits of a claim or defence, using knowledge of the core principles of the law of contract and tort B. Evaluate pre-action considerations and steps to meet a client's objectives C. Apply the Civil Procedure Rules for bringing or responding to a claim in contract or tort D. Evaluate how best to progress or defend the claim to meet a client’s objectives E. Evaluate the evidence needed to progress or defend a claim F. Prepare a case for a trial and take forward post trial steps Throughout they must demonstrate their ability to act honestly and with integrity

Statement of Legal Knowledge - Torts 6a. Negligence:   duty of care and breach of duty of care causation and remoteness of damage problematic areas, including pure economic loss and psychiatric illness damage 6b. Breach of statutory duty and product liability 6c. Nuisance, and the rule in Rylands v Fletcher 6d. Trespass to the person 6e. Defamation 6f. Vicarious liability 6g. Remedies, including damages and injunctions 6h. Defences, including consent and contributory negligence

Statement of Legal Knowledge – Contract Law 9a. Formation, including offer and acceptance, consideration, intention to create legal relations, certainty 9b. Variation and promissory estoppel 9c. Privity of contract and rights of third parties 9d. Terms, including terms implied by common law and statute 9e. Interpretation of contracts 9f. Exemption clauses and unfair terms 9g. Vitiating factors: including mistake, misrepresentation, duress and undue influence 9h. Termination of contract for breach or frustration 9i. Remedies: damages, award of an agreed sum, specific performance, injunctions 9j. Restitution for unjust enrichment (especially in the context of termination of a contract)

Statement of Legal Knowledge – Civil Litigation 13a. Different options for dispute resolution: litigation, arbitration, mediation and other forms of alternative dispute resolution 13b. Funding 13c. Costs consequences, possible liability for costs and cost recoveries 13d. Preliminary considerations: limitation, jurisdiction and applicable law 13e. The Civil Procedure rules, including Practice Directions, Forms and Court Guides 13f. Pre-action steps, court structure and choice of court, issue, service, acknowledgment of service, judgments in default and summary judgment, drafting and service of statements of case, disclosure, part 36 and other settlement offers, interim applications and interim remedies, preparing for trial, settlement 13g. The court's case and costs management powers and duties 13h. Evidence: expert witnesses and witnesses of fact 13i. Key elements of trial procedure 13j. Methods of enforcement and enforcement procedures 13k. Rights of appeal and appeal procedures

How much legal knowledge is required to pass SQE Stage 2 ? ‘The assessments are set in a range of practice contexts to provide a platform for the assessment of competence. They assess the core competences required for effective practice, including ethical and professional conduct, but do not assess legal knowledge. Primary legal resources will be provided to candidates. Although the stage 2 assessments are assessing skills, the candidate cannot be competent in a skill area if they misconceive the law. If candidates are not able to correctly identify and apply legal principles or ethical considerations, they will fail the assessment.’

Will the SQE assess all the QAA Law Benchmark outcomes ? It does not appear to address:   viii ability to recognise ambiguity and deal with uncertainty in law ix ability to produce a synthesis of relevant doctrinal and policy issues, presentation of a reasoned choice between alternative solutions and critical judgement of the merits of particular arguments

Will the SQE assess the desired SoSC competencies ? How is A5 critical thinking tested ? - Apply understanding, critical thinking and analysis to solve problems Descriptors are mostly identify, understand apply – where does critical thinking fit within Miller's pyramid ?

How much legal knowledge is required to pass SQE Stages 1 & 2 ? DAC = core principles, despite scope of SoLK Looks like LPC law and procedure No Theory No Legal Ambiguity No Points on Appeal

SQE Stage 2 - Developing legal skills 24 months (possibly 18 months) - To be taken before SQE Stage 2 Legal experience would need to be obtained either in an SRA-regulated entity or under the supervision of a solicitor in a non-SRA regulated entity. We would expect employers or the supervising solicitor (where work experience was not gained in a regulated entity) to sign a declaration that a candidate had had the opportunity to develop the competences in the Statement of Solicitor Competence through the required period of workplace experience.

SQE Stage 2 Developing legal skills Supervision of legal work experience ‘116. So, employers would of course need to make sure their trainees or paralegals are competent in those roles even though candidates' competence to practise as a solicitor would be tested through SQE stage 2.’ This does need address the need to provide experience and feedback that develops skills and confidence

SQE Stage 2 - Developing legal skills No preparation for skills development and work based learning anticipated in SRA Possible Routes to Qualification Legal work experience - No required structure or content, no obligation to provide feedback – just an opportunity to develop competence ? We will need to support the development of skills

How much will SQE cost ? QLTS MCT costs £678 (5.5 hours = £123 ph) Estimate SQE Stage 1 will cost £2,214 (18 hours x £123 ph) QLTS OSCE costs £3,510 (12.75 hours x £275) Estimate SQE Stage 2 will cost £4125 (15 hours x £275) TOTAL: £6,339

Will SQE be cheaper ? Estimated total is £6,339 – just for the assessments Assumes pass first time No additional revision courses No 4th year of study

Diversity Impact Cost of qualifying will be more or less ? – assessment fees, crammer/revision fees, 4th year of study, placement year Narrow assessment strategy Two tier system – prestigious academic degrees and SQE focused LLBs/LLMs Benefits of flexibility

Can we / should we teach and assess our LLB so as to prepare our students for the SQE Stage 1 Align our syllabus and assessments to the SQE ? Probably what our students want and need also a market imperative How do we keep knowledge alive for SQE assessment after the end of the LLB ?

What will a new LLB look like ? It may need a final year that lines up with the 6 SQE Stage 1 assessments: 6 x Functioning Legal Knowledge Assessments: Principles of Professional Conduct, Public and Administrative law, and the Legal Systems of England and Wales Dispute Resolution in Contract or Tort Property Law and Practice Commercial and Corporate Law and Practice Wills and the Administration of Estates and Trusts Criminal Law and Practice. 1 x Practical Legal Skills Assessment: Legal Research and Writing.

Threats to our current LLB If we try and prepare students for SQE in three years, we might lose: Options – what happens to Family Law for example Project – no independent learning and research at Level 6 Theory modules – no critical and reflective thinking Understanding of the development of the law and law reform issues – a focus on core principles rather than the ‘penumbra’ and academic debate and research

Students need instruction and feedback to develop skills for SQE Stage 2 We will need to teach procedure and develop skills throughout the LLB Expand clinic and simulation Probably still need 4th year – compare Northumbria integrated LLB/LLM Suggestion of a 4 year placement degree shifts training costs from firm (minimum wage) to student (sfe loan)

Consider to what extent our courses can offer pre-qualification legal work experience Time in Clinic and on placements can count towards qualifying legal experience Probably 3 months minimum Expand clinic and SLLS placements, talk to fiirms 4 year placement degree ?

Our courses must be suitable for BSB Future Bar Training , CILEX and Apprenticeships as well as SQE BSB say there preferred option is as follows: Option B is a “managed Pathways approach This approach would establish a number of different training pathways alongside each other.   Option B is the BSB’s favoured option because we think that this would be the best approach for ensuring that education and training providers can develop and offer more flexible modes of study so that that students are able to train in a way that suits them best.

Our courses must be suitable for BSB Future Bar Training , CILEX and Apprenticeships as well as SQE BSB Option B provides for several routes which the BSB might authorise, including: Option B(i): Academic legal education followed by the vocational training, followed by work-based learning (as in Option A above); Option B(ii): Combined academic and vocational learning followed by work- based learning; Option B(iii): Academic legal education followed by combined vocational and work-based learning requirements; and Option B(iv): Modular format, in which components of qualification can be acquired separately over time (may also include an apprenticeship pathway).

To what extent can BSB students be taught alongside SQE students BSB say: In addition to these guiding principles, we have identified the following policy points, which will be common to any or all of the options for future Bar training that we consider. A general expectation that the Bar would remain a graduate profession and normally meet the minimum degree classification of 2:2; Students would need to pass an aptitude test and BSB centralised assessments; We should reduce to a minimum our regulatory involvement in the academic legal education (ie the “Qualifying Law Degree” or “Graduate Diploma in Law” under the current system); We should continue to pursue as much of a common agenda with other legal regulators, and the SRA in particular, as can be achieved in pursuit of our principles;

Our courses must be suitable for BSB Future Bar Training , CILEX and Apprenticeships as well as SQE We currently have CILEx Membership embedded in options on the LLB and in the LLM Civil Litigation & Dispute Resolution. CILEx have not yet responded to SRA and BSB Consultations. We need to develop courses that do not require students to decide too early how to qualify

Creates opportunities - Clinic, Access to Justice and Professional Qualification Strong arguments for expanding the LAC, placements and Clinical method Opportunity for University Law Clinics to make a greater contribution to local access to civil justice Offer student flexible routes to qualification

Initial View Develop placement opportunities in and around the course but do not offer a placement year Seek to ensure apprentices can take the course on a modular basis Maintain CILEx and encourage professions to align syllabus and assessment methodology as much as possible (as LETR recommend) Need to review all LLMs as well as LLB All of us will have to adapt our current modules Competitors may create 3 year LLB for SQE