Training and qualifying in Scotland
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Over the last few years, legal education and training in Scotland has undergone a major review, with a number of changes implemented in 2011-12. These included a requirement that all prospective solicitors complete a Foundation Programme – which for the time being remains exclusively the LLB, but leaves room for the potential of some variation in the degree undertaken – and renaming the Diploma in Legal Practice and the traineeship as Professional Education and Training (PEAT) Stage 1 and 2, respectively. However, PEAT 1 is still commonly referred to by legal professionals, universities and students as the Diploma in Professional Legal Practice. A new-look LLB, which is a broader qualification with the opportunity for greater non-legal study, has been available at Abertay University in Dundee for a couple of years and has now been rolled out to 10 universities across Scotland. At the time of writing, the Scottish Law Society website still referred to both the LLB and the diploma in its main education section, so for the purposes of this rundown, we use both terms. For the most up-to-date information, visit www.lawscot.org.uk.
It is possible to study for an LLB/Foundation Programme at 10 universities in Scotland. The ordinary degree takes three years, while the honours degree takes four. There are also accelerated degree options, which can be taken if you have a non-law first degree. Students on the Scottish law degree at the University of Dundee or the University of Strathclyde can take enough English law modules to earn a dual-qualified law degree, enabling them to progress to qualification in England and Wales or Scotland.
If you do not wish to do an LLB, it is possible to do a three-year, pre-diploma training contract with a qualified Scottish solicitor, at the end of which you sit the Law Society of Scotland's professional exams. During the three years you must receive training in various prescribed areas.
All those who intend to practise as a solicitor or advocate (the equivalent of a barrister) must complete the Diploma in Legal Practice/PEAT 1, a 26-week course offered at six universities, including Aberdeen, Dundee, Glasgow and Edinburgh. The course imparts knowledge and skills necessary for working life, with an emphasis on practical application and much of the teaching carried out by practising lawyers.
To qualify as a solicitor, individuals must complete a two-year training contract/PEAT 2. Trainees are usually paid by the training firm as per agreed rates set by the Law Society of Scotland. During the training contract, trainees must complete a minimum of 60 hours of trainee continuing professional development, which is structured learning over and above the trainee's office work. It is possible to be admitted as a solicitor after one year of training (especially useful if the trainee is to appear in court on behalf of clients); but normally, at the end of the two years – and provided that all conditions have been met – the trainee is admitted as a fully qualified solicitor.
The body that administers the Scottish Bar is the Faculty of Advocates. Having completed the diploma, a trainee advocate (or 'intrant') must undertake a 21-month period of paid training in a solicitors' office (as for a trainee solicitor above, although slightly shorter), followed by a nine-month period 'devilling' as an unpaid pupil to an advocate. The trainee must then pass an exam set by the Faculty of Advocates covering written and oral advocacy. At this stage, he or she is admitted as an advocate.
Prospective students should note that a law degree from an English university will not form part of the qualification process in Scotland. Nor will a Scottish law degree be recognised by the Law Society of England and Wales as part of its qualification process. If you train in, say, Scotland, you'll have to retrain to practise in England and Wales or Northern Ireland, and the same applies for movement in the opposite direction – unless you hold the special dual-qualified degree on offer from the universities of either Dundee or Strathclyde.