New Qualified Lawyers Transfer Scheme
The new Qualified Lawyers Transfer Scheme (QLTS) will replace the Qualified Lawyers Transfer Regulations (QLTR) and the Qualified Lawyers Transfer Test (QLTT).
What’s new?
- More rigorous assessments.
- Applicants will also be assessed on their ability to apply their knowledge and skills in the content of English/Welsh law and legal practice.
- Applications will be open to a larger number and wider jurisdiction than previously offered on the QLTT.
- The standard eligibility requirement will now apply to barristers.
- No route will be made for distinguished specialist practitioners and academic lawyers in the new QLTS.
A further explanation of the above points follows.
Assessments
There will be three different assessments; one for International lawyers, one for European lawyers and one for UK lawyers.
Qualified Lawyers who will be eligible to apply for the new scheme will have to demonstrate the core knowledge and skills needed of all lawyers.
International Lawyers
- International lawyers assessments will be in two parts, consisting of:
- Written assessment,
- Practical or ‘clinical’ assessments.
The written assessment will cover the following areas:
- Solicitors’ accounts, professional conduct, financial regulation,
- Property and probate,
- Litigation,
- Business law and practice,
- Contract and tort, and
- The English legal system, incorporating equitable rights, human rights and EU law
The second part of the assessment will be a practical assessment allowing applicants to demonstrate that they have the skills and ability necessary to practice as a solicitor. Applicants will therefore be tested on the following areas:
- Transactional and dispute resolution skill, and
- Legal, professional and client relationship knowledge and skills.
All International lawyers will be required to pass a separate English Language test where they will be required to demonstrate that they are competent to take accurate instructions from, and give clear and accurate advice to, clients in English, to understand and draft legal documents in English and to further exercise rights of audience.
International lawyers will not be given exemptions from any element of the assessment even if the laws and practice in their home jurisdiction is similar to that in England and Wales. They will be required to pass all assessments.
European Lawyers
European lawyers will be individually assessed as to which assessments they would need to pass. Furthermore, they may be required to take an aptitude test which will fill any gaps in their knowledge and skills and that which is essential to practice as a solicitor.
The aptitude test will consist of, depending on the applicant’s individual assessment, the appropriate elements of the written and practical assessments that will form the International lawyers’ assessment.
UK Lawyers
Applicants will be required to have completed the full training for their professional title - this now includes barristers who previously had been exempt (see below).
UK Lawyers will be required to pass written assessments covering the following:-
- Solicitors’ accounts, professional conduct, financial regulation,
- Property and probate,
- Litigation,
- Business law and practice.
UK applicants will also be required to pass the practical assessment that forms part of the International Lawyers’ assessment.
NOTE: All applicants, whether International, European or UK, will be tested on professional values and ethics through the practical assessments.
Wider Jurisdiction
Lawyers in non-common law jurisdictions will be able to take advantage of the transfer route to qualification as a solicitor.
Eligibility to apply to transfer
Previously, in order to be considered for transfer, applicants would have needed to demonstrate that they were entitled to practise under their professional title in their home jurisdiction without the need to complete additional education, training or assessments; this was with the exception of barristers. This previously meant that students who had taken and passed the BVC would be exempt from this criterion even if they had not completed a pupillage. However, barristers will not, any longer, be exempt from this eligibility criterion; all barristers will now have had to complete their full training (including pupillage) to be eligible to apply for transfer on the QLTS.