Scrap training contract, says thinktank

Mortarboard
Monday 22 November 2010 by Jonathan Rayner

A legal thinktank has today called for the abolition of the training contract as part of proposed radical changes to legal education and training.

A 53-page discussion paper from the College of Law’s Legal Services Institute (LSI) urges scrapping training contracts and making the Legal Practice Course the new gateway to the profession. Law degrees should become more relevant to the vocational stages of legal training, the paper says, and the Legal Services Board should ensure the highest standards by requiring all legal regulators to set common standards of competence.

The paper adds that only a minority of law graduates now enter the practising professions, and calls for a new type of degree specifically tailored for those intending to practise. It also proposes that reserved legal activities, such as probate, litigation or commercial conveyancing, should become subject to separate authorisation after qualification. These changes would better reflect the realities of practice, raise standards and help widen access to the profession by removing the ‘bottleneck’ of training contracts, the paper suggests.

The call for change follows the announcement of a joint review of legal services education and training by the Solicitors Regulation Authority, the Bar Standards Board and the Institute of Legal Executives Professional Standards.

LSI director Professor Stephen Mayson said: ‘It is two decades since the LPC replaced the Solicitors’ Final Examination and much has changed in that time, in both the market for legal services and in the regulatory framework. If the expanded and diverse provision of legal services, envisaged by the Legal Services Act 2007, is to be effective in providing clients with high quality and affordable services, the need for change that we identify must be acted on.’

College of Law chief executive Nigel Savage said: ‘We welcome the review by the three regulators – no part of legal education should be left out. We cannot insulate the English education and training market from the global market.’

The LSI is a policy thinktank funded by the College of Law as part of its charitable foundation.

Comments

Scrap training contract

So how much will this cost? Excuse me for being overly cynical, but... is this not another method of income generation for the Universities/LPC providers that would effectively hold the prospective solicitor to ransom? Interesting that an LPC provider came up with this idea, even if it was outsourced through it's LSI charitable foundation.
I paid over £8,000 for my LPC (most of which was delivered by podcast) and at least as a trainee solicitor I am receiving a salary, whilst being trained. If this were to go ahead, I would suggest that the profession would become even more difficult to crack for the 'average' student that lacks funds and therefore make the profession even more elitest, not least because what would then happen, is firms would (even more than they already do) only look to certain providers from which to draw their new solicitors and if you don't get in on a course at that provider, you may as well not bother.

This is just self

This is just self interest.

The College of Law realises that fewer people are going to subscribed to the LPC once it becomes obvious that it is a waste of money unless a training contract is secured.

The real issue is that there aren't enough jobs to go round.

It doesn't matter what you do to legal training; changing legal training does not change the number of jobs available.

There will still be the same number of unemployed graduates every year.

Tosh

What a load of tosh. I agree with 'this is just self'. There are a finite number of jobs and a lot of LPC graduates. There are not jobs for everyone and that causes the bottleneck not training contracts.

A new type of degree for those intending to practice? Well it may be a good many years since I did my law degree but how on earth is somebody at 17 and applying for university to know whether they want to practice? A degree should be about intellectual challenge and of course vast amounts of drinking, chasing members of the opposite sex and generally enjoying the experience. It should not be some extended LPC readying students for the meat grinder (and let's face it the LPC by its vocational nature is hardly an intellectual challenge - anyone with a pulse should obtain the required pass mark if they put in the work).

I wonder who would provide this new vocational degree. Oh yes College of Law of course.

Yep, this "think tank" is

Yep, this "think tank" is about as much a charity as is the College of Law!

You just can't find a Suzi Leather to abolish charitable status when one is needed, can you?

College of Law Think Tank ???

I note the learned opinions of the College of Law Think ( ? ) Tank.

Do I detect just a hint of self interest here ?

In the words of Mandy Rice Davies " they would say that would'nt they ! "

Nonsense

Senior managers at the College of Law (a charity!!!!!) paid significantly more than the Prime Minister and now self-interested nonsense pretending to be serious research. WHY is the Gazette publishing this? Has it undertaken any checking of the validity or is it just space for what used to be (many years ago now) the Law Society's own college?

They don't get it

They just don't get it. The advent of ABSs will destroy the high street branch of the profession. Once that becomes clear then people aren't going to do the LPC, whether or not you qualify as a solicitor without a training contract. Shame you didn't speak up when New Labour decided to bring in the LSA 2007, Prof. Savage. You were certainly very prominent at Law Society junkets in those days.

Welcome to the real world !

Welcome to the real world Mr Savage and the College of Law.

Now there is insufficient demand for courses due to a lack of job prospects you will have to close down some your of many branches of the College of Law just like firms of Solcitors and other businesses have had to close during the recession. Why expect to be treated differently. You are of course a commercial enterprise and not a charity !

By the way an ability to pay for a course does not evidence that you have the aptitude to be a Solicitor. A liitle bit of comonsense here, please !!!

Trapped in the bottle with the cap firmly screwed on

It is shamefully clear that this proposal equates to nothing more than a money-making scheme for The College of Law but even if I were to agree with the supposed theory behind it, I can not see how it would work in practice. Where would it leave those of us who have funded and completed the existing LPC but have yet to escape through that ‘bottleneck’ to qualification by already securing a training contract?

There is no

There is no "bottleneck"

"Bottleneck" implies that once you get through everything is fine.

This is not the case. The number of training contracts approximately reflects the demand for new solicitors.

At some point LPC students need to look at the situation from an economic perspective: the fact that there are too many students means that there is insufficient demand for labour.

Grow up and stop complaining. Take the the hint and do something else (preferably a job of which there is demand)

The real solution is not to try and manufacture demand or manipulate the training system but rather for surplus students to do something else (or don't be stupid enough to self-fund the LPC) Then supply will have the chance to meet the demand.

It may seem harsh but this is reality.

Forgive me

Forgive me, oh ye who has all the answers. I had not meant to complain about the position that I find myself in (a position that I readily accept a degree of responsibility for). I was merely commenting on the logistics of such an extreme proposal. I had not realised, however, that the solution was so simple. I am sure that all surplus students will now stop their futile efforts to pursue a career in the law and consider one of those many alternative jobs for which there currently is such demand, thanks to your words of wisdom.

The old joke still has a ring

The old joke still has a ring of truth about it:

q. what do you say to a law graduate?

a. big mac and fries please.

Using Savage's argument, you

Using Savage's argument, you may as well do away with the LPC and call anyone who has done a law degree a Solicitor...

This bit of laughable "independent research" is yet another small step on the decimation of our once proud profession.

In 10 years time will anyone actually want to become a Solicitor?

Reap what you sow Mr Savage.

Has anyone thought about

Has anyone thought about referring the college of law to watchdog?

That would an interesting programme.

£440K!

According to CoL accounts (p24) the highest paid employee in 2009 'earned' a package of at least £440k, with a few others over the £200k mark. No wonder this 'charity' is trying to protect its future, with so much at stake for some!
http://www.charity-commission.gov.uk/ScannedAccounts/Ends97%5C0000271297...

Let's work together

Many other professions allow for qualification on completion of entry level exams why should the legal profession be different? Often further exams or competencies are required to be passed in order to advise or practice in more complex areas or at a higher level. These higher levels are then recognised by accreditation of the individual. This would allow the profession to be opened up and enable access to those newly qualified from University whilst recognising the expertise of those already within the profession.

Let's work together -"Many

Let's work together -"Many other professions allow for qualification on completion of entry level exams".

Really? It's easy to throw around the term 'profession' but how many can you actually name which allow practitioners loose on the public in important areas of life after four years of classroom based training? True professions against which lawyers should wish to be compared, eg medical practitioners, don't!

Let's work together - Reply

As previously suggested to advise or practice in more complex areas or at a higher level would require further exams or competencies. I note your comments however it is possible to maintain standards and allow wider access to the profession.

Baffled

How does charging people a fortune to do the LPC lead to wider access to the profession?

The training contract allows

The training contract allows firms to vet the best candidates and clients have some security that standards are maintained.

Allowing people to qualify as a solicitor with just pieces of paper is extremely dangerous. It will devalue the profession and significantly increase indemnity insurance for firms. It will become harder for firms to distinguish between the fakers and the talented.

Law firms are the best institutions to judge whether a law student is suitable for practice because their business depends on getting such class of student.

The ability of some LPC students is not good enough and, for them, the LPC is just a vanity project.

In any case I don't think it would make any difference if you allow students to qualify upon obtaining the LPC because they still won't get jobs. Law firms will still only take people they have vetted themselves via vacation placements and the number of jobs won't be affected.

I suppose people might feel better about the amount of money they have spent. Other than that I don't see any genuine benefit.

Something must be done

Interesting comments here. Something must be done. Having had a number of trainees I am profoundly unimpressed with the standard of the finished product. Why is it that LPC students appear to forget everything the minute they leave the college? What about all the advocacy skills and research skills that they should have? Reasonable communicatioon skills would be helpful, too. I am driven to the conclusion that the LPC is insufficiently robust and maybe increasingly irrelevant for the needs of modern practice, where clients are increasinglty demanding and selective.

I too have interviewed

I too have interviewed trainees and the standards are disappointing.

Trainees tend to have no commercial awareness, no business sense and delusions about what the job entails.

These days trainees need to be skilled at selling and generating work if they are to prove to be an asset to a firm.

Trainees don't seem to understand that upon qualification they need to justify their position by selling.

That's a growing element of the job.

Quality of trainees?

I am always amazed at firms / recruiters that are 'surprised' that new law / LPC grads have poor commercial awareness. If you're looking at a 22-year-old trainee who's never had a proper job before, how exactly is it expected that they would have commercial awareness? Career changers / older applicants are often shunned for not necessarily being as easily mouldable as the applicants coming in straight from university, and yet it is the former who tend to have a more rounded set of skills and better undertanding of the reality of how businesses work.

I do not disagree, however, that the current system is not good at ensuring it is the best candidates who qualify. We should observe, however, that what we could do with is an independant bar exam, rather than an often relatively weak academic qualification (LLB / GDL) followed by an overly expensive and bloated vocational course (the LPC), followed by a TC obtained on the basis of interview performance or personal connections. The current system just doesn't seem to be the best way to pick out the best future lawyers. (To this, I'm sure we'll hear that "this is how we have done things for hundreds of years!").

To Quality of trainees?

To Quality of trainees? There can't be many solicitors currently in practice who haven't got there via the LLB/GDL route followed by the LPC or before that the LSF. Much can be said about the detail eg the LPC has seen a significant increase in pass rates compared with the LSF. However, are you really saying that 'that the current system is not good at ensuring it is the best candidates who qualify' so the 100k or so solicitors in practice are less suitable than a similar number who didn't make it but would have done if the system had been different?

In response to the two

In response to the two comments immediately above.

I'm a solicitor with 7 years PQE. I can't wait to get out but that's another story.

I've worked with many solicitors in my time already and I can genuinely say I've only been impressed by 1 solicitor.

Many are, and have been, good but not impressive and certainly not worth the hourly rate.

To: In response to the two

To: In response to the two - of course many solicitors are not worth their hourly rate, I'm always amazed that so many firms are so eager to boast about PEP - I'd be ashamed to highlight that we live in a society where fat cat lawyers can be paid 30x the earnings of a lifesaving nurse AND not have enough ethical sense even to keep quiet about it. BUT said lawyers operate in a free market with ample competition, so if clients are stupid enough to pay these bloated fees....!

scrap/improve LPC more like...

Whoever lectures on the conveyancing side of the LPC knows nothing of the practical side, and trainees have to be retrained.

I found this myself nearly 15 years ago, and nothing has changed...bet the same out of practice lecturers are still doing it.

I should not have to seek out being a guest lecturer to fix this.