'Scrap training contract for unreserved work', thinktank urges

stephenmayson.jpg
Thursday 24 September 2009 by Catherine Baksi

An influential thinktank has proposed scrapping the training contract for non-reserved work as part of a radical overhaul of the qualification process.

The College of Law’s Legal Services Policy Institute advances far-reaching proposals for change in a strategy ­document to be published this week.

It proposes moving the point of qualification to grant the professional title of ‘solicitor’ to everyone who successfully completes the legal practice course (LPC). These solicitors would be able to undertake unreserved legal activities such as transactional work or employment advice.

However, those wishing to practise any reserved activity such as exercising rights of audience would need to undergo a period of training at a firm, similar to the current training contract, before they could obtain an endorsement to their practising certificate which would allow them to carry out this work.

Report author Professor Stephen Mayson (pictured), policy institute director, said the new process would better reflect the current realities of legal practice, in which only a minority of the profession does reserved work.

The report claims the change would also raise standards of competence in those areas of law currently reserved to solicitors, would help widen access to the profession and would be better suited to the new regulatory environment created by the Legal Services Act 2007.

Mayson told the Gazette: ‘Our perception is that the LPC and training process lead to a lot of people being overqualified for the work they do. At the same time, those who do reserved work are under-trained because they have had to cover a broad range of subjects in insufficient detail.

‘The thrust of the paper is about preserving and improving the quality and delivery of reserved legal activities.’

Comments

'Scrap training contract'

"The College of Law’s Legal Services Policy Institute advances far-reaching proposals for change in a strategy ­document to be published this week.
It proposes moving the point of qualification to grant the professional title of ‘solicitor’ to everyone who successfully completes the legal practice course (LPC). These solicitors would be able to undertake unreserved legal activities such as transactional work or employment advice."

PLEASE LET THIS HAPPEN. As my LPC qualification feels completely pointless without a training contract and there is a serious lack of them, especially in Cambridgeshire.
I have a very expensive LPC certificate which seems to qualify me to answer the phone!

Thank god!!! If it does

Thank god!!! If it does happen, please let it apply retrospectively!

This is an absolutely bizarre

This is an absolutely bizarre idea! I challenge anyone who has completed the LPC straight from university or GDL to say categorically that they were fit for practice.

It risks creating a two-tier profession, a lack of clarity to consumers about who they are instructing (how many times have you been asked, "what's the difference between a barrister and a solicitor?"). It really goes back to what ILEX were saying earlier this month in that it appears to be something of an oddity that students go into the LPC thinking that they will be guaranteed a job at the end in what is, however you look at it, one of the most competitive professions around. There are other routes into practice and it is extremely frustrating to read comments above that people who have completed the LPC simply want the "solicitor" moniker.

I went through the same round of training contract applications that everyone else did and I honestly think that my determination and resoluteness makes me a better lawyer. Furthermore, if I was a consumer, I would want to ensure that the person who was undertaking extremely important work (whether or not it's "reserved") was qualified, experienced and capable. I think the LPC prepares a student for practice but not totally - for this idea to work it would need to be scrapped and re-started.

Why Not? - There are good LPC post grads out here!

If you have passed the LPC you are prepared for practice but may lack experience agreed.
However in every profession you have to start somewhere.
There is no reason why people with an LPC qualification shouldn't be able to carry out unreserved legal activities such as transactional work or employment advice / their elective areas in my view.

The individual would work within code of conduct rules / be regulated by the SRA as a solicitor.
Firms work in teams and would assist i'm sure if required.

If you have a LPC qualification from the College of law (for instance) you are qualified and capable(these are the exams the law society / colleges put together for heavens sake)

Everyone is continually learning - give us a chance and let the legal world move into the 21st Century...

To suggest that an LPC

To suggest that an LPC graduate is competent to work as a solicitor (even in unreserved areas) is absurd.

Law graduates should be encouraged to spend time in the work place, more like the ILEX system

If this is put into practice all that will be achieved is a hefty rise on our Practising Certificate fees to deal with the resulting problems.

I see that this may mean the

I see that this may mean the profession forms intentionally or otherwise a two tier system of training which may hinder rather than assist the profession to ensure equality to people from all backgrounds or mean that people are pigeon holed to early.

However, there clearly are many paralegals out there who are waiting and applying, applying and waiting to no real avail. Many of these paralegals are very capable and essentially do the same work as any solicitor for 1/3 of the wage. The system as it is clearly does need a radical overhaul. we did not go into the law to be exploited ( forever!) and it is in every one's best interest to keep standards within the profession high, however, we were aware that the profession to competitive and for that you have to accept the consequences and ride any storms. To expect to obtain a training contract just because you have the LPC, is an utter nonsense in the current climate more so than ever.

I for one, have certainly benefited from my additional experience as a paralegal and believe that I am certainly a better solicitor for it.

Just remove the training contract...

Could we just remove the training contract- and let LPC Graduates gain 1-2 years flexible experience in ANY law firm in England & Wales as a Trainee Solicitor...that would be a start in my opinion...

remove the training contract

I agree and think that it should be more like the ILEX system- work for 2 years as a fee earner and be qualified in that area. Training contracts appear to be as much about who you know and random luck as they are about the candidate.
The current system leaves a lot of intelligent graduates being exploited in under paid jobs as they try and gain experience for their CV's to get an elusive training contract. For example, I am gradaute of russell group uni and work as a paralegal earning less than the trainee salary, but I charge more per hour than a trainee- meaning I am a great asset for the firm's bank balance. To add further insult to injury the same firm told me I was not good enough to be a trainee there- but I am given more complex work than the trainees in the office- hmmm. exploitation? if only the market was better.............

I believe training contract

I believe training contract should be scrapped, in the US for example you dont need to do 2 years training contract to qualify as lawyer and yet they have really good lawayers.

Training Contract alternatives...

And what do other 'professions' do?

Chartered Tax Advisers (CTA) do their exams (which are a lot harder than the exams to make the grade as a solicitor - I know, I've done both) whilst working. There is a requirement to have a couple of years work experience as well as actually passing the exams (and it's a low low pass rate) before they can call themselves CTA. ACA (accountant/audit) and ACCA have similar arrangements. Although there aren't prescribed 'seats'.

What is wrong with changing it so that the LPC is done whilst working instead of being an upfront cost? That way, you still get 2 years solid experience in law and an exam before being able to call yourself 'solicitor' (circumventing the argument that the exam by itself is insufficient, with which I agree, and shattering the barriers to cash-poor students of the high cost), and there could be an additional exam/ training on the job period structure for the 'Reserved' elements.

It took me an awfully long time to pay off the cost of my LSF, and I never bothered becoming a solicitor as I went into tax instead during the last recession (early 90s) and never quite made it back - the CPE/LSF helped hugely in that tax career so the cost wasn't entirely wasted; and I've found it much more interesting that I would have done if I'd gone into private client work on the legal side which is what I intended - I wouldn't have been able to abide all that drafting! But given my time again, I think I would have preferred not to have to pay for something I didn't use directly.

Please DO NOT remove the training contract!

To even suggest that an LPC graduate is competent enough to work as a solicitor (even in unreserved areas) is totally ridiculous!

The LPC is a very important and essential course which enchances a law students skills and knowledge from those learnt on their Law degree.

What the LPC doesnt do is teach the law student the practicals of working as a solicitor in the real legal market and dealing with real life clients. This is a skill which can only be gained whilst working alongside a qualified solicitor, whether it be document drafting or meeting clients.

Scrapping the Training contract would be a horrendous mistake. This would not only lead to an influx of unqualified and incompetent solicitors but also under value the solicitors profession as a whole.

For those of you looking for training contracts, you must appreciate that they are in short supply. The best way to proceed as most of us did is to work as a paralegal for a few months (or years) and then ask for a training contract. If you are the best and most hard working candidate, there is no reason why you will not succeed.

Best of luck boys and girls.

The new Work Based Learning route (Pilot Scheme)

The current route to qualification as a Solicitor is elitist. There are so many LPC Graduates out there, who have worked so hard and spent so much money for the chance to qualify as a Solicitor. To get a foot on the ladder is hard work rejection is common place and it is expected that we will work for free into the bargain.

In my experience you have very little chance of qualifying if you do not have relatives and/ or friends who will give you a training contract. Having connections seems to be the more important than intelligence and actual legal skills.

It seems unfair that those who have passed the LPC cannot say I am a qualified Solicitor but a person who has passed the BVC can call themselves a Barrister.

However, it seems at long last there is some light at the end of the tunnel for me and I hope also for those of you out there who have dedicated themselves to the profession through all of the above.

A stroke of luck has meant that I have the opportunity to qualify as I am currently participating in the Pilot of the new route to qualification, which if successful will mean that people working as Legal Assistants who can provide evidence that they have met the skills standard will be able to qualify and as I understand it, the inherent flexibility will allow the training to be transferred to other firms,

Details about the Pilot are available on the Law Society web site.

Is this the Light at the End of the Tunnel?

There has been a lot of debate about altering the training framework for solicitors, since I left university in 2003 after having completed the LPC. But nothing has happened. Please scrape the training contract as soon as possible.

I have worked in numerous law firms in various roles from receptionist to legal secretary and have been exploited along the way. Next month I will finally pay off my student loan. I have absolutely nothing to show for the time that I invested at university. I can't even call myself a 'solicitor'.

There are hundreds of LPC graduates in the same position. We cannot apply for other jobs as we are 'over qualified' and cannot apply for legal jobs as a paralegal without having so many years experience. Or apply for training contracts because the employer requires X amount of experience in their areas of law.

I know for a fact that I am more than capable of being a solicitor. One of the most important qualities that a solicitor must possess is common sense.

Please make the contents of Professor Mayson's Report a reality so as to stop further suffering of the many hundreds of LPC graduates who have been excluded from the legal profession.

(un) realistic expectations

Although I sympathise with the last couple of posters as I am in a similar position, I don't think LPC graduates should be recognised as solicitors. I think the problem lies in the over-subscription of law and unrealistic expectations.

No institution along the way gave me a realistic appraisal of how difficult it would be to gain a TC. The parts of my journey that were the smoothest were the parts where there was money to be made out of me. When it came to me being able to start a career it felt like wading through treacle with the entire Halsbury's laws of England on my back.

Law is an extremely popular subject these days. Even discounting the fact that not everyone studying it will wish to become lawyers, there are just too many candidates who will be disappointed. Ability to do the job is insignificant when there are only so many positions that can be filled.

I have found the above out at my expense now that I am in over £10k debt and have never been able to make a significant dent in this amount because the only jobs I've been able to acquire pay under the student loan £15k threshold. I've been strung along as a paralegal with promises of a TC that never materialised only to be 'not required anymore' 6 months later. When trying to apply for any job let alone a legal one the euphemism 'over-qualified' is never far away. So just what are LPC graduates supposed to do if no one is willing to employ us without specific experience of a specific duration?

LPC'ers should be proud of their achievements..

We are stuck between a rock and a hard place (as the saying goes) or is that the law society and the elite.

I agree with the above in that the pilot scheme should just be introduced across the board at the very least.
Foreign NY bar students don't have to have a magical training contract in England..
LPC'ers that take the NY Bar exams don't have to get the magical training contract either in England... but why should we have to become a NY Attorney to get around the TC?

Please change the system to make it fair.... there is a case to answer!

If an LPC'er is NOT a "career" paralegal (as i have had quoted to me from legal agencies) and NOT a trainee solicitor without a training contract what the * am i qualified to be...Law Society SORT IT OUT!

In who's interest?

Nigel Savage has been suggesting this since the days when I was Chair of the Trainee Solicitors' Group (and before no doubt) so its no surprise to see this old chesnut raised again when the market for training contracts has contracted alarmingly.

This is about LPC providers coffers not the public interest. Whilst it would be in the interest of my institution (Cardiff Law School) and the students who do not get training contracts would naturally like to be able to call themselves solicitors, the key issues here are: a) impact on the public and b) the longer-sighted need to protect the legitimacy of the profession. Anyone can practice in unreserved areas without any legal qualification already, but does the profession want to associate itself with half-qualified advisers who can then call themselves solicitors without the (in my view) any of the necessary practical training? I doubt it. It will provoke a race to the bottom.

The profession needs to bolster the competence of its members not dilute it.

The main problem seems to be

The main problem seems to be people starting the LPC without a TC. Considering that the LPC is such a significant expense (and that there's no guarantee of any work at the end of it), starting without a TC seems to me to be fairly imprudent. Some might call it determined but there's a line where determination crosses over into stubborness and myopia.

Maybe some people need to reassess their expectations - not everyone can get a TC at a magic/silver circle or big regional firm.

Many non-law businesses are crying out for people with intelligence and common sense (I know from experience) - maybe law/LPC grads don't realise that there is a world of opportunity away from law...the granting on the title 'solicitor' upon completion of the LPC certainly isn't going to actually create any more law jobs!

Self-interest

For years course providers have encouraged far more people to undertake the LPC than there are Training Places. This is naked commercial self-interest.Like it or not the number of Training Places reflects the demand for qualified solicitors.Graduates who have spent vast amounts of money on getting through the LPC to find they cannot gain a Training Contract are doubtless telling their friends and family that it was very poor value for money.The Colleges fear that the next generation will take note of what has happened and vote with their feet. The answer, it seems, is to create another qualification that by-passes the bottle neck caused by the limited number of training places.In reality this is an attempt to bolster demand for places on the LPC in the face of growing student antipathy.Regrettably, the end result will be the same for those hapless students who are, in reality, surplus to requirements.

This is a wonderful news to

This is a wonderful news to all those LPC Graduates who have been suffering for years without getting a training contract after spending time and money to do the LPC despite some of us are more experience than some qualified solicitors in some areas of law. I some times train solicitors on how to appear before Immigration Courts and also on how to process claims on behalf of clients under the Consumer Credit Act 1974. However, I am still not withot a training contract because the firm I am working for cannot afford to pay me the basic training contarct salary. I know if I am given the title of solicitor I will be opening my firm today to help young LPC graduates to fulfill their long overdue dream of becoming a solicitor just like our American counterparts. You have my backing and the backing of thousands of LPC graduates like myself. God bless and keep up the goood work.

competence???

I think the training contract should be scraped. The question about competence may be solved by introducing a taugh exam similar to newyork bar exam. If you pass the exam you should be enrolled. On the other hand if you are not competent enough then its you who may suffer not the profession. There are so many incompetent lawyers who completed their training contracts and there are so many competent paralegals who even havnt done a law degree. I think training contract formalities are designed just to make things hard.

Yes Please!

I completed the LPC with distinction 2 years ago and I have worked in a law firm as a legal assistant ever since, but cannot seem to get a training contract anywhere! I handle my own case load and do more work than any of the firms trainees, and apart from advocacy, I am doing all the work that a 'qualified' solicitor does for a fraction of the pay and the staus. It is totally unfair and demoralising and I 100% agree that the training contract should be scrapped. If it was, having worked 2 years as a legal assistant, I would be qualified now, like I damn well deserve to be!

I have a great deal of

I have a great deal of sympathy with those who have not found training contracts. However, theirs is not the only view which should be borne in mind. I became a solicitor having qualified at the Bar. In order to sit the Qualified Lawyers' Transfer Test, I was required to complete two years' of legal work experience, which could be made up from both time in Chambers (e.g. Pupillage) and from time working as essentially a trainee or paralegal in a law firm. Like LPC graduates, I had to have work experience in both contentious and non-contentious areas. I was lucky in that I was well-supervised in my work-experience, which was a training contract by another name. But, in reality, as many former trainees would support, the formality of a training contract is redundant. Provided that LPC graduates can get the requisite work experience (two contentious, one non-contentious), there is no reason that they should not be enrolled as solicitors. There is also no reason that the work experience/training period should not be shortened to 12 - 18 months.

The present proposal will confuse the legal market. With ABSs just around the corner, the Profession cannot lose sight of one of its most marketable qualities: the name "solicitor." The English and Welsh legal market is already fragmented, with titles diverse as barristers, solicitor-advocates, solicitors, Legal Executives, and licensed conveyencer. Adding a second category of "solicitor" would:
- Flood the market;
- Decrease the clarity of the title "solicitor."
Neither of these outcomes is good for the profession in the long run. LPC graduates, in my submission, are best served by making the route to full qualification easier, not by handing them the title without the gravitas.

Law is an elitist profession - deal with it

It is very irritating to learn that there is a proposal to award the title ‘solicitor’ to individuals who have not succeeded in securing a training contract. If you are good enough you will get one. It is as simple as that. Law is an elitist profession - deal with it if you can’t you are in the wrong game.

Today achieving a contract is far more about academic achievement than nepotism - although the latter does exist. I am sick to the back teeth of listening to sub standard self deluded candidates who pursued the law (PgDL, LPC) without any hope of a contract. If you have CDD and a 2.2 in Diana studies from the University of Luton, Clifford Chance don’t want you! Why should the profession lower its standards to accept you?

The truth is - unless you have good to very good academics, and by that I mean at least 3 As by today’s A level standards and a 2.1 from a Red Brick and a bit of character, the chances of you achieving a training contract with a city firm (or increasingly, any firm) are slim to none - unless of course your father (or mother) is a partner.

Stop whining about elitism; if you are bright enough to practise law, you are bright enough to secure a training contract. If you aren’t don’t blame class and nepotism (I am from an immigrant working class background and I practise with a top ten firm).

This proposal will confuse the public and further devalue the profession and I absolutely agree with Andrew Lund‘s comment ‘Self Interest‘.