How important are clinics, vacation schemes, sandwich placements and the training contract?

Many law students participate in different types of work experience, such as vacation schemes, university clinics and placements. Once they have left university, some work as paralegals and legal executives, and those who wish to become solicitors need to complete a training contract. Although some kind of work experience is required for qualification as a lawyer in most countries in the world, there are exceptions, notably the United States and India. So a question for the Solicitors Regulation Authority (SRA), as part of its Training for Tomorrow project, is how work experience of different kinds, including paralegal work, may or may not allow people to acquire the competences set out in the Statement of Solicitor Competence. Professor Jane Ching and Pamela Henderson, both of Nottingham Law School, were commissioned by the SRA to work alongside their own research team to explore this issue.

The research explored the contribution made by different types of work experience. Some interviewees were also able to compare different kinds of work experience, for example paralegal work and the training contract, as well as simulation in the classroom (eg, on the LPC) and experience in the workplace.

Not surprisingly, different types of work experience provided individuals with different opportunities to learn about legal practice and develop their personal skillset. Students who had undertaken a short vacation scheme naturally did not consider this had turned them into an accomplished lawyer. However, these schemes still proved to be valuable for most people, because they offered a taster of what everyday life is really like in a law firm or other organisation, which was something that could not be achieved within the classroom, even on a vocational course such as the LPC. Direct experience in the workplace either reassured students that they were making the right career choice or alerted them to the fact that they might be happier following a different path. For some, vacation schemes also offered the possibility of securing a permanent role with that firm or organisation at a later date, as they’d had the opportunity to build a relationship with the organisation (and the organisation had had the opportunity to take a look at them).

Those people who had participated in a student legal clinic, or who had undertaken voluntary work in the not-for-profit sector, such as Citizens Advice, during their time as a student, had typically benefited from more opportunities to become involved in client work than those who had experienced a vacation scheme. Our research indicates that clinics and similar voluntary work could offer a very positive learning experience, although it was a surprise to discover that not all student clinics actually offered direct client contact. Where client contact did occur, the matters that the students were asked to advise on were usually relatively simple in terms of the law, but the practical relevance was much more profound as the clients might be facing severe problems, such as the loss of their job or their home.

This idea that the difference between what happens in the safe haven of the classroom and what happens in the field is that, with real clients, ‘it matters’, was a message that came through strongly throughout our research. The advice needed to be accurate and practical, but delivered with sensitivity and tailored to a client who might be feeling anxious not only about their problem, but also about the very idea of speaking to a lawyer. This requirement to be responsive and able to tailor their communication style to meet the needs of different clients was a valuable learning experience that students found they could build on as they progressed into a permanent legal role. While students might have career aspirations to work in areas of law that were very different from those covered by clinics and the not-for-profit sector, they generally spoke positively of the experience, both in terms of its practical value and also the satisfaction of supporting the community.

However, not all permanent roles offered the same opportunities. Notably, the research highlighted considerable variation in the type of work performed by paralegals. Some were performing roles that were largely administrative, whereas others had a high degree of autonomy and responsibility for managing their own caseload, similar to that of a solicitor. While some found that their paralegal role progressed naturally from performing administrative tasks to progressing their own files as they gained experience, others found that their role remained administrative. The type of paralegal role performed by an individual impacted on the extent to which they were able to develop the knowledge and skills they would need to progress further in their legal career.

What might be surprising is that some paralegals who had previously managed their own files experienced a reduction in their levels of autonomy and responsibility when they later became trainees. Typically, this was because they were now asked to work directly under a more senior fee earner, supporting them on more complex or higher value files. While their scope to demonstrate their ability to take command of a file diminished as a result, there were still clear benefits in progressing to a training contract, as this role afforded the opportunity to develop new skills and expertise, as well as qualify as a solicitor.

In terms of the particular competences that individuals felt they were developing in the workplace, the research sought views on a range of aspects, including: ethics and professional conduct, negotiation, advocacy, team working, client contact, time management, taking responsibility, understanding the business and financial management. We wanted to know which of the environments enabled people to develop which of the competences the SRA has identified for the point of qualification as a solicitor.

Some of these, such as team working, were almost universal, and individuals had good opportunities to develop these skills and competences, regardless of the role they were performing. This appeared to be true even of very short experiences, such as vacation schemes, although the limited duration of these schemes naturally curtailed the amount of learning that could take place.

The extent to which people were able to have direct contact with clients was more variable, with some enjoying a lot of contact and others none at all. However, it is not possible to say, “Trainee solicitors have more direct client contact than paralegals”, as practices appear to vary and may depend on how a role is perceived and utilised, as well as the level of experience and competence of the individual.

Opportunities to develop distinctive legal skills such as advocacy and negotiation were extremely limited for almost all participants. Where opportunities did exist, these were often confined to observing senior colleagues or counsel. Observing a colleague conducting advocacy or a negotiation was highlighted as a useful way to learn key principles and to build confidence. Indeed, observation may be an essential first step in learning about the skill for many individuals. However, it was not considered to be a perfect substitute for direct personal involvement and individuals were clear they would eventually need opportunities to undertake these skills themselves to gain a level of competence sufficient to meet the SRA’s competence level.

In short, there is a general view that workplace experience is important offering valuable opportunities to develop at least some of the knowledge and skills that are essential for a successful legal career. Clearly, not all workplace experiences are created equal, but all have something worthwhile to offer.

Professor Jane Ching is professor of professional legal education at Nottingham Law School and is director of the school’s Centre for Legal Education. Pamela Henderson is a senior lecturer at Nottingham Law School and is an associate director of the school’s Centre for Legal Education.