SQE & QWE: The basics
Since November 2021, the sole route to qualification (aside from a transition period) for aspiring solicitors in England & Wales has been the Solicitors Qualifying Exam (SQE). The SQE has paved a new way for qualification by replacing the traditional Legal Practice Course (LPC) and training contract - with the latter being replaced by Qualifying Work Experience (QWE).
This guide will look at the changes introduced by the new regime. Exploring why and how these changes offer significant opportunities for in-house legal teams to attract, grow and retain talent.
The SQE is a national centralised licensing examination (similar to the Bar Exam in the United States) all aspiring solicitors must pass prior to practice. This centralisation is the main difference between the LPC and the SQE – previously multiple providers set and assessed their own LPC courses which resulted in a disparity in standards. The introduction of the SQE aims to maintain consistency and high standards among trainee solicitors regardless of their route to qualification, whilst also opening up the legal profession to candidates of all backgrounds.
What does the SQE look like?
To qualify as a solicitor, an applicant must:
- have a degree in any subject or equivalent qualification or work experience,
- pass SQE1 (which tests the application of functioning legal knowledge) and SQE2 (which tests the application of practical legal skills),
- complete two years' QWE; and
- meet the character and suitability requirements set out by the Solicitors Regulation Authority (SRA).
Current exam fees (payable to the SRA) (as at 12th of March 2024) are:
SQE1: £1,798 (£899 for FLK1 and £899 for FLK2)
SQE2 - £2,766
Understanding SQE1
SQE1 is a two-day multiple choice exam with 180 questions per day. It sets out to test an applicant’s ability to apply their understanding of legal principles and functioning legal knowledge. The exam covers the seven core subjects typically found on the traditional LPC or Graduate Diploma in Law (GDL), plus the procedural law taught on the LPC. For this reason, there is now no longer a requirement to undertake a GDL for non-law graduates.
Summary of the subjects tested in SQE1
SQE1 must be passed before taking SQE2, but LPC holders are exempt from SQE1.
Understanding SQE2
The SQE2 exams comprise 16 assessments taken over five half days. Of these assessments, 12 are written assessments focusing on legal drafting, writing, research, and case and matter analysis. Whilst the final four are oral assessments, covering interviewing and advocacy skills.
These skills are assessed in the context of the following areas of law:
- Criminal litigation (including advising clients at the police station)
- Dispute resolution
- Property practice
- Wills and intestacy, probate administration and practice
- Business organisations rules and procedures (including money laundering and financial services)
There are exemptions for SQE2 available for those that are qualified overseas, but these vary by jurisdiction.
Giving you the 101 on QWE
QWE replaces the previous training contract regime for those on the SQE path to qualification. The aim of QWE is to provide aspiring solicitors experience of real-life legal work, and opportunities to develop competencies required to qualify.
QWE can be undertaken in a wider variety of organisations and roles, including in-house paralegal roles and pro bono. It can also be obtained through a portfolio of experience in up to four settings. The regulation and formal role of training principal required for the traditional training contract is no longer required. As a much more flexible training route, QWE should provide easier access to the profession and allow more aspiring solicitors to qualify.
However, the QWE must involve providing legal services, be two years in duration, and allow the candidate to gain experience in at least two of the SRA's solicitor competencies. These requirements of the experience need to be confirmed by a solicitor or compliance officers for legal practice (COLP), and must be recorded [Flex QWE journal / SRA QWE journal]. They will also need to confirm that no issues arose during the work experience that raise questions over the candidate's character and suitability to be admitted as a solicitor.Candidates can gain QWE before, during or after completing the SQE assessments. Similarly, QWE can be retrospective if.candidates can also use experience from previous roles.
Competencies & QWE
The SRA does not require someone to develop all of the competencies during QWE, the minimum needed is two. These competences outlined by the SRA are:
- Ethics, professionalism and judgement
- Technical legal practice
- Working with other people
- Managing yourself and your own work
Ethics, professionalism and judgement
Technical legal practice
Working with other people
Managing yourself and your own work
How can the SQE & QWE improve diversity?
Graduates from Russell Group universities represent 22% of all UK graduates, but make up 61.6% of trainee solicitors. Additionally, recipients of private secondary education comprise only 7% of the UK population – but make up more than half of city law firm intakes (Chambers Student).
It goes without saying - this is a problem. Not only for representation, but for the tangible performance of the overall legal industry. Traditional training contract recruitment methods mean that in-house legal teams are simply missing out on incredible talent because talent from historically under-represented backgrounds gets overlooked. Talent that could, one trainee at a time, make the industry both more diverse and more successful.
With the implementation of the SQE, there is a genuine chance to open up the legal profession to wider pools of talent. This is aligned with the aims of the SRA, who have been vocal in their hope that the new qualification framework can offer previously overlooked demographics new routes into the industry. For instance, by recognising legal experience attained in non-regulated environments such as in-house legal teams and charities, and standardising legal qualification for all trainees.