Work-based learning and the SQE

Jun 17, 2021

Written By Jan Hill

One of the more talked-about aspects of the new Solicitors’ Qualifying Exam (SQE) is that it will allow paralegals or others working within law firms to use ‘equivalent means’ – on-the-job experience - to qualify as a solicitor.

What is ‘equivalent means’?

Equivalent means refers to using learning or work experience in place of the usual requirements to qualify for the “period of recognized training” required to qualify as a solicitor. If a potential solicitor has work experience equivalent to that of a training contract, it could mean a faster route to qualification.

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According to the Solicitors’ Regulation Authority (SRA), qualifying work experience is “any experience of providing legal services that offers a candidate the opportunity to develop some or all of the competencies needed to practice as a solicitor.”

SQE Qualifying work experience can be obtained in the UK, Wales, or overseas, and must be signed off by one of the following:

- A solicitor or compliance officer for legal practice (if the organisation has one)

- A solicitor of England and Wales in the organisation

- Another solicitor of England and Wales outside the organisation but with direct knowledge of the candidate’s work.

The person who signs off a candidate’s qualifying work experience is not verifying whether or not a candidate is competent to practice – the results of the SQE will determine that. However, for each placement, the person signing off must verify the details of the work experience, how it provided the opportunity to develop some or all of the recommended aptitudes for solicitors, and that no problems surfaced during the work experience related to the candidate’s appropriateness to be admitted as a solicitor.

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Work-based learning that could qualify as equivalent means

The SRA is proposing certain boundaries for this type of qualification, including minimum time spent in that work placement and the kind of work that can lead to qualification. Qualifying work experience can be gained in one block of time or in stages, as long as it is obtained in no more than four organisations. It would be paid or unpaid work and might include any of the following:

- A placement during a law degree

- Working in a law clinic

- Volunteering at a charitable organisation like Citizens Advice or a law centre

- Employment as a paralegal

- Experience gained while on a training contract

Candidates can gain experience through equivalent means during or after they sit the SQE assessments, although it must be completed by the time they apply for admission. They can even start obtaining it now and “banking” it for when the SQE takes effect in 2021.

The SRA encourages candidates to take advantage of the new flexibility regarding how and where potential solicitors can obtain work experience, using the opportunity to acquire the required competencies to qualify as a solicitor. They should talk regularly with their current or prospective employer about the training and opportunities that might be in place to help them gain the required skills, and also speak frequently with the person who will sign off for them to resolve any issues that may have come up during the qualifying work experience.

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