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LCN Says

Huge shake-up in UK legal training coming… but it’s already here!

updated on 29 November 2013

The headline may sound like a perplexing Zen koan, but there's no need to meditate deeply on its meaning - the future of legal training is shaping up and at QLTS School, we already have a fairly good idea of how it may turn out.

First, some background. The Legal Education Training Review (LETR) released its long-awaited report on 25 June 2013. The project was a joint project of the Solicitors Regulation Authority (SRA), the Bar Standards Board (BSB) and the Ilex Professional Standards (IPS). The review was a root and branch review of legal education and training across the legal sector in England and Wales.

The report held up the Qualified Lawyers Transfer Scheme (QLTS) - which is a fast-track route to dual-qualification for international lawyers - as an example of a system that achieves the objectives of the Legal Services Act 2007, including the need to protect and promote the interests of consumers, ensuring an independent, strong, diverse and effective legal profession, and promoting and maintaining adherence to the professional principles.

QLTS assessments

The Qualified Lawyers Transfer Test (QLTT) used to be the method by which international lawyers, as well as barristers, could dual or cross-qualify as solicitors. In September 2010 the SRA introduced the QLTS to replace the QLTT. The new regime takes an outcomes-focused approach to training. Those in practice or taking the LPC will be familiar with the theory behind outcomes-focused regulation: the SRA sets high-level principles and objectives and the onus on meeting these standards rests on the practitioner (or firm, as the case may be).

The same approach is taken with the QLTS. The SRA sets 'Day One Outcomes' - so named because the outcomes are those expected of a newly-qualified solicitor of England and Wales on the first day in the job - and the candidate who wants to dual-qualify must demonstrate to the SRA's satisfaction that they meet the requirements contained in those outcomes.

This is achieved by way of two assessments - a 180-question multiple choice test focusing on application of legal knowledge and principles, and the objective structured clinical examination, which tests the practical 'lawyering' skills of client interviewing and advocacy (with live actors), legal research, writing and drafting. This is similar to the LPC, but is assessed at a higher standard.

Outcomes-focused training

One of the LETR report's recommendations was to "enhance consistency of education and training through a more robust system of learning outcomes and standards, and increased standardisation of assessment". Accordingly, the SRA recently announced its Training for Tomorrow policy statement, which will move towards an outcomes-focused approach to legal training in all areas that the SRA regulates.

The QLTS was the first legal qualification to be formulated and developed using an outcomes-focused approach to training and it is entirely likely that this will be used as the prototype for the SRA's overhaul of legal training in future.

In other words, the QLTS model offers a glimpse right now of what the future of legal training may look like in the United Kingdom. Outcomes-focused training for the QLTS means that there is no longer a practical experience requirement, which presented an obstacle for many international lawyers who were seeking dual-qualification. Now, this career path may be more attractive for international lawyers seeking to enhance their professional development, but who couldn't (or couldn't afford to) fulfil the practical experience component.

This flexibility also removes the prerequisite for formal vocational education. Theoretically, you could sit the QLTS without any preparation. But this would be like taking your driving theory and practical tests without any prior knowledge or experience; a risky and potentially expensive endeavour.

How to prepare

The new approach to training means that there is no longer any need to physically attend lectures or travel to the United Kingdom except to sit the assessments themselves. Under the new system, the QLTS assessments are administered by Kaplan Law School, although Kaplan is not allowed to provide preparation courses. This is different to preparation for the LPC, where private training providers may both provide the preparation course and administer the assessments.

Some people may therefore choose to compile their own set of materials and resources and administer their own study efforts. However, there is a risk of information overload or using inaccurate or outdated information. Then there is the practical assessment to consider. How do you self-study for something that uses live actors and do so in a way that lets you accurately gauge your performance against the outcomes? You can't simply read a book to prepare for the practical assessment.

QLTS School was the first provider of training for the QLTS assessments. Taking the letter and the spirit of outcomes-focused training to heart, we provide preparation courses that can be taken anywhere in the world and fit around a candidate's family, work and time commitments. We're quite proud to say that our candidates enjoy a great success rate and many pass the assessments on their first attempt.

The move to outcomes-focused training will see a similar approach taken to the QLTS - a demand for targeted and effective preparation courses that take advantage of the new approach and fit the needs and circumstances of the students, rather than the other way around.

Marc Piano is marketing director at QLTS School. For more information about the QLTS and preparation for outcomes-focused qualifications, visit QLTS School.