The SQE – A Year On

ARTICLE

The SQE – A Year On

This September marked one year since the introduction of the Solicitors Qualifying Exams (“SQE”) as the new route to qualification as a solicitor. It therefore seems timely to reflect on the SQE so far and I can do so with the added perspective of being amongst the first cohort to qualify this way, having gone through the first SQE 1 and SQE 2 exams.

The objectives set out for the SQE by the SRA were:

1. greater assurance of consistent, high standards at the point of admission; and

2. the development of new and diverse pathways to qualification, which are responsive to the changing legal services market and promote a diverse profession by removing artificial and unjustifiable barriers.

In terms of the examination process, the first objective is being achieved through the centralisation of the exams. Law schools examining their own students on the LPC led to reported pass rates in 2019 that ranged from 23% to 100% across 25 providers. There was some concern over the multiple-choice format of SQE 1 and the lack of elective modules. However, the first sitting of SQE 1 had an overall pass rate of 53% which, in my opinion, shows that it was sufficiently academic and did not consist of a “watered down” insight into the different areas of law examined. In my experience, the practical assessments of SQE 2 (which included client interviews, advocacy, case and matter analysis, legal research, legal writing and legal drafting) were a good reflection of the work a day one solicitor would be expected to undertake.

The downside of the centralisation of the exams has so far been the administrative issues students have experienced. Students have reported being held in queues for hours when trying to book assessments, delays on the release of results and, the most unfortunate incident so far; the students who could not take SQE 1 on the dates they had booked this summer due to IT issues at their test centre. Kaplan (the assessment organisation appointed by the SRA) clearly has work to do but has been proactive in seeking to address these issues and receive feedback to improve the process.

It remains to be seen whether the SRA’s second objective for the SQE will be fulfilled but the early indicators are concerning. Although the cost of the SQE exams themselves are cheaper than the LPC, few students would embark on the exams without a preparation course. The limited options for funding such courses have led to many students choosing a combined SQE/ LLM because of the loans available. These courses, plus the cost of the exams, are not significantly cheaper than the LPC. However, the SQE has seen new providers enter the market with cheaper courses and, if students are prepared to give these a chance, there could be significant savings.

Whilst there is no longer a requirement for a training contract (which was previously a barrier to qualification for many), the alternative format of qualifying work experience may have gone too far the other way in its flexibility. Candidates can gain qualifying work experience in up to four organisations and are required to meet a minimum of just two of the competences outlined in the Statement of Solicitor Competence. Whilst many firms and in-house organisations will ensure a high standard of qualifying work experience, it remains to be seen whether candidates who have had placements in multiple organisations (which can include pro bono legal advice clinics) will be able to ensure the same quality of training. Although the barrier to qualification of the training contract has been removed, the new system could instead lead to a more difficult NQ job market with candidates whose qualifying work experience reflects the structure of a training contract having the advantage.

The first SQE exams also showed a diversity gap with white candidates generally outperforming BAME candidates. Investigations as to the reasons behind this are ongoing, but it is of course not what the SRA had hoped for when aiming to increase diversity in the profession.

Overall, whilst the SQE is not perfect and the SRA’s objectives have not yet been achieved in full, the SRA and Kaplan will be keen to improve the route and build on what has been learnt from the first cohort of candidates. Having been through the SQE, I can reflect on a very positive experience with my course provider, a straightforward process for exam bookings and arrangements on the day and quality training at my firm. If more candidates can say the same going forward, a profession that is usually hesitant to such change will certainly be less reluctant about embracing the SQE. ■

Seema Gill

Seema Gill

Howell Jones Solicitors