Cross-qualification
Friday, 21 May 2010 00:24

An unfortunate reality for many BVC students is that pupillage may never come our way. However, we have always been able to shrug and sigh and say, “Never mind, I will still be able to continue my career in law by cross-qualifying under the Qualified Lawyers Transfer Test (“QLTT”) and becoming a solicitor.”

The Solicitors Regulation Authority (“SRA”) has recently changed the rules governing this route to qualification. They will have effect from September this year and will impact on those who have already taken or are taking the BVC course.

PLEASE READ about the changes below:

The long road to qualification

UPDATE: CROSS-QUALIFICATION — 2009 PART-TIME STUDENTS

As most of you will know, last year the SRA changed their Regulations to prevent BVC graduates from cross-qualifying as solicitors. The 2009 full-time intake of the BVC was the last year to be able to take advantage of the old Regulations, leaving part-time students of the same intake disadvantaged.

I am delighted to inform you that, after a year of lobbying by many of us and a judicial review against the SRA by a small number of brave students, the SRA Board has approved changes to the QLTS Regulations to put 2009 part-time students in the same position as their 2009 full-time peers.

The LSB still need to approve these changes, but we believe this will entitle 2009 part-time students to apply for a Certificate of Eligibility and give them the opportunity to cross-qualify as solicitors should they wish. The SRA expect a decision from the LSB in the next month or so. Once full details have been announced, the MTSA will make them available on our website.

To see the announcement, please visit the SRA website: http://www.sra.org.uk/solicitors/qlts.page

As always, if you have any questions please contact me at: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Abby Brindley, Part-Time Student Representative

Middle Temple Student Association

Updated: 9 May 2011


The Old Scheme

Under the old scheme, which will end on 31 August 2010, a non-practising barrister (i.e. someone who has been called to the Bar but who has not completed pupillage) is able to qualify as a solicitor by:

  1. Obtaining a Certificate of Eligibility from the SRA; then
  2. Sitting the relevant tests under QLTT exam; and
  3. Providing evidence of having completed two years work experience after call, including experience in at least 3 areas of English law and a balance of contentious and non-contentious areas.

This system effectively plugged the gaps in knowledge between the BVC and the LPC and recognised the experience of non-practising barristers. A Certificate of Eligibility is valid for three years.

The New Scheme – The Qualified Lawyers Transfer Scheme

From 1 September 2010, only “fully-qualified” lawyers will be eligible to transfer under the scheme. “Fully-qualified” will be taken to mean lawyers who are qualified to practise under their existing qualifications in other jurisdictions, and barristers who have already undertaken pupillage (“those who have completed the full route to qualification”).

The Law Society and the SRA have confirmed that if a non-practising barrister wishes to become a solicitor, they will have to complete the LPC and a training contract. The SRA has agreed in principle that exemptions to the Legal Practice Course (LPC), although not the LPC assessments, should be considered.

What does this mean for non-practising barristers?

The deadline imposed by the SRA to apply under the old scheme is 31 August 2010.

It may be advisable for you to apply for a Certificate of Eligibility to protect your position. Your application MUST be received by the SRA by 31 August 2010. If you have NOT completed the required 2 years of legal work experience by this date, the SRA state:

“If we decide you have not satisfied the full two year requirement, your Certificate of Eligibility will be issued with a condition for you to undertake a period of further experience before you apply for admission to the roll of solicitors. Please note that any remaining work experience requirement can only be evidenced at the point of admission.”

There is likely to be a surge of applications by those who have not completed two years’ work experience.  PLEASE NOTE THE FOLLOWING from the SRA website:

“The candidate can complete QLTT up until expiry of certificate of eligibility. If the candidate fails to complete all the requirements [including 2 years of experience] set out in the certificate of eligibility before expiry of the certificate of eligibility, they must apply for a QLTS certificate of eligibility and complete the QLTS assessments rather than go via QLTT.”

What is our position?

The MTSA feels very strongly that these changes are unfair to all those who have taken the BVC and will not be able to apply for a Certificate of Eligibility. We are in discussions with the Inn in an attempt to mitigate the impact of such changes on everyone who will be affected. We will keep this site updated with any news which may affect MT students and graduates.

Where can I get more information?

The SRA website sets outs how you can apply for a Certificate of Eligibility and sit the QLTT. There is also detailed information about the new scheme and the consultation. You can access the site by clicking here: http://www.sra.org.uk/solicitors/qltt.page

 

© 2012 Middle Temple Student Association