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LCN Says

Sticking to the code

updated on 26 February 2013

Do the dates 31 July and 1 September mean anything to you? Are you aware of the Code for the Recruitment of Trainee Solicitors and how it can help you? If not, read on…

What is it?

In the late1970s, with the rapid growth in the recruitment of trainees (happy days!) and the number of law graduates, the recruitment playing field was becoming bumpy – there were few rules or guidance for either firms or students to follow. Confusion reigned, with ever earlier deadlines (or no deadlines) established, students being pressured and sometimes reneging on offers, and both parties tempted to "beat the opposition". Inevitably, there were tears and loss of faith, all round.

University careers advisers (ie, AGCAS) were increasingly concerned about the situation for students and employers, so took the initiative in seeking to establish with employers a code of practice for all to follow. Following negotiations, a code evolved, endorsed in due course by all the relevant parties: the Law Society (this was before the time of the SRA), university careers advisers, the Trainee Solicitors Group (ie, the TSG, the predecessor body to the Junior Lawyers Division) and the Association of Graduate Recruiters (AGR).

Amendments have been made over the years, in particular in 1990 when there was another increase in numbers. The current edition was approved in 2007. It is of particular relevance to practices that recruit trainees two years ahead, but does apply to all firms, and could be very relevant for any firm and student/graduate at the stage when offers are being made.

Applications, interviews and offers

The three main points under this heading are as follows:

  • The final date for the receipt of applications will not be before 31 July at the end of the student's penultimate year of undergraduate study.
  • Where part of the selection procedure takes place off campus during term time, alternative interview dates will be offered if requested by the student.
  • Offers of employment as a trainee solicitor will not be made before 1 September in the student's final year of undergraduate study.

These apply to all applicants whether they are law or non-law students, and whether they have undertaken/are undertaking a vacation placement with the employer.

Vacation schemes

It's very useful to be aware of these provisions when on vacation schemes, particularly during the summer season. Clearly schemes provide a golden opportunity to find out more, but do remember that it is a two-way process. Your attitude and involvement will be observed, almost constituting a long interview, with feedback often being given. Pre-planning as to how you approach the experience, then recording and evaluating your participation is vital (see Atticus' Sept 2012 blog for an appraisal of the value of summer schemes). Do remember that formal offers may be made only after the 1 September deadline if you are not a graduate or a final-year student.

Acceptance of offers

Should you be in the happy situation of getting offers, the following applies: "In all cases, unless the student has been given an extension of time by the employer, the student must make a decision one way or the other within four weeks of receipt of the offer. A student who receives more than two offers will without delay turn down the excess offers that he/she does not wish to hold."

There are other provisions regarding offers involving financial support – see the full code for these clauses.

Finally…

Although technically the code is voluntary, it has an essential role in maintaining good practice for students and employers in order to provide a level playing field for all. Many firms declare their commitment to the code in their recruitment literature, and it makes good sense for students to be alert to their obligations too. Infringements may be referred to, and investigated by, the SRA.

Why not keep a copy or link in your file for reference? It is only a two page PDF and may be useful for you to find it quickly, particularly in September. In addition, if you have difficulties with the interpretation or implementation of any of these provisions, remember that you may always consult your careers adviser. Mutual communication is always important, so if in doubt, ask!

Dick Lidwell is a freelance careers adviser and former careers adviser at the University of Oxford.