News: SRA proposes a Solicitors Qualifying Examination for all new solicitors

[Legal Beagles]

We are proposing a shake-up in the way solicitors qualify, with a consultation on a new standardised system for assessing trainees.

More...

[nemesis45]

Re: News: SRA proposes a Solicitors Qualifying Examination for all new solicitors

We are proposing a shake-up in the way solicitors qualify, with a consultation on a new standardised system for assessing trainees.

More...

It's about time competence was tested.
nem

[Amethyst]

Re: News: SRA proposes a Solicitors Qualifying Examination for all new solicitors

The proposed new assessment - called the Solicitors Qualifying Examination - is based on a new ‘competence statement’ developed by the SRA – a benchmark defining what all solicitors should be able to do competently in order to qualify and to practise. Pre-qualification workplace experience is an important part of qualifying as a solicitor in England and Wales and is likely to form part of any new system.

Seems like a jolly good idea to me.

Statement of solicitor competence

This document takes a broad definition of competence as being "the ability to perform the roles and tasks required by one's job to the expected standard" (Eraut & du Boulay, 2001).

The advantage of this definition is that it recognises that requirements and expectations change depending on job role and context. It also recognises that competence develops, and that an individual may work 'competently' at many different levels, either at different stages of their career, or indeed from one day to the next depending on the nature of their work.

The competence statement should be read holistically. By way of example, the requirement in A1d to respect diversity and act fairly and inclusively pervades all areas of work and underpins all of the competences in the statement.

Solicitors should be able to:
A Ethics, professionalism and judgement
A1 Act honestly and with integrity, in accordance with legal and regulatory requirements and the SRA Handbook and Code of Conduct, including

Recognising ethical issues and exercising effective judgement in addressing them
Understanding and applying the ethical concepts which govern their role and behaviour as a lawyer
Identifying the relevant SRA principles and rules of professional conduct and following them
Resisting pressure to condone, ignore or commit unethical behaviour
Respecting diversity and acting fairly and inclusively

A2 Maintain the level of competence and legal knowledge needed to practise effectively, taking into account changes in their role and/or practice context and developments in the law, including

Taking responsibility for personal learning and development
Reflecting on and learning from practice and learning from other people
Accurately evaluating their strengths and limitations in relation to the demands of their work
Maintaining an adequate and up-to-date understanding of relevant law, policy and practice
Adapting practice to address developments in the delivery of legal services

A3 Work within the limits of their competence and the supervision which they need, including

Disclosing when work is beyond their personal capability
Recognising when they have made mistakes or are experiencing difficulties and taking appropriate action
Seeking and making effective use of feedback, guidance and support where needed
Knowing when to seek expert advice

A4 Draw on a sufficient detailed knowledge and understanding of their field(s) of work and role in order to practise effectively, including

Identifying relevant legal principles
Applying legal principles to factual issues, so as to produce a solution which best addresses a client's needs and reflects the client's commercial or personal circumstances
Spotting issues that are outside their expertise and taking appropriate action, using both an awareness of a broad base of legal knowledge1 (insofar as relevant to their practice area) and detailed knowledge of their practice area

A5 Apply understanding, critical thinking and analysis to solve problems, including

Assessing information to identify key issues and risks
Recognising inconsistencies and gaps in information
Evaluating the quality and reliability of information
Using multiple sources of information to make effective judgements
Reaching reasoned decisions supported by relevant evidence

B Technical legal practice
B1 Obtain relevant facts, including:

Obtaining relevant information through effective use of questioning and active listening
Finding, analysing and assessing documents to extract relevant information
Recognising when additional information is needed
Interpreting and evaluating information obtained
Recording and presenting information accurately and clearly.

B2 Undertake legal research, including:

Recognising when legal research is required
Using appropriate methods and resources to undertake the research
Identifying, finding and assessing the relevance of sources of law
Interpreting, evaluating and applying the results of the research
Recording and presenting the findings accurately and clearly.

B3 Develop and advise on relevant options, strategies and solutions, including

Understanding and assessing a client's commercial and personal circumstances, their needs, objectives, priorities and constraints
Ensuring that advice is informed by appropriate legal and factual analysis and identifies the consequences of different options

B4 Draft documents which are legally effective and accurately reflect the client's instructions including

Being able to draft documents from scratch as well as making appropriate use of precedents
Addressing all relevant legal and factual issues
Complying with appropriate formalities
Using clear, accurate and succinct language

B5 Undertake effective spoken and written advocacy2, including

Preparing effectively by identifying and mastering relevant facts and legal principles
Organising facts to support the argument or position
Presenting a reasoned argument in a clear, logical, succinct and persuasive way
Making appropriate reference to legal authority
Complying with formalities
Dealing with witnesses appropriately
Responding effectively to questions or opposing arguments
Identifying strengths and weaknesses from different parties' perspectives

B6 Negotiate solutions to clients' issues, including

Identifying all parties’ interests, objectives and limits
Developing and formulating best options for meeting parties' objectives
Presenting options for compromise persuasively
Responding to options presented by the other side
Developing compromises between options or parties

B7 Plan, manage and progress legal cases and transactions, including

Applying relevant processes and procedures to progress the matter effectively
Assessing, communicating and managing risk
Bringing the transaction or case to a conclusion

C Working with other people
C1 Communicate clearly and effectively, orally and in writing, including

Ensuring that communication achieves its intended objective
Responding to and addressing individual characteristics effectively and sensitively
Using the most appropriate method and style of communication for the situation and the recipient(s)
Using clear, succinct and accurate language avoiding unnecessary technical terms
Using formalities appropriate to the context and purpose of the communication
Maintaining the confidentiality and security of communications
Imparting any difficult or unwelcome news clearly and sensitively

C2 Establish and maintain effective and professional relations with clients, including

Treating clients with courtesy and respect
Providing information in a way that clients can understand, taking into account their personal circumstances and any particular vulnerability
Understanding and responding effectively to clients’ particular needs, objectives, priorities and constraints
Identifying and taking reasonable steps to meet the particular service needs of all clients including those in vulnerable circumstances
Identifying possible courses of action and their consequences and assisting clients in reaching a decision
Managing clients’ expectations regarding options, the range of possible outcomes, risk and timescales
Agreeing the services that are being provided and a clear basis for charging
Explaining the ethical framework within which the solicitor works
Informing clients in a timely way of key facts and issues including risks, progress towards objectives, and costs
Responding appropriately to clients' concerns and complaints

C3 Establish and maintain effective and professional relations with other people, including

Treating others with courtesy and respect
Delegating tasks when appropriate to do so
Supervising the work of others effectively
Keeping colleagues informed of progress of work, including any risks or problems
Acknowledging and engaging with others’ expertise when appropriate
Being supportive of colleagues and offering advice and assistance when required
Being clear about expectations
Identifying, selecting and, where appropriate, managing external experts or consultants

D Managing themselves and their own work
D1 Initiate, plan, prioritise and manage work activities and projects to ensure that they are completed efficiently, on time and to an appropriate standard, both in relation to their own work and work that they lead or supervise, including

Clarifying instructions so as to agree the scope and objectives of the work
Taking into account the availability of resources in initiating work activities
Meeting timescales, resource requirements and budgets
Monitoring, and keeping other people informed of, progress
Dealing effectively with unforeseen circumstances
Paying appropriate attention to detail

D2 Keep, use and maintain accurate, complete and clear records, including

Making effective use of information management systems (whether electronic or hard copy), including storing and retrieving information
Complying with confidentiality, security, data protection and file retention and destruction requirements

D3 Apply good business practice, including

Demonstrating an adequate understanding of the commercial, organisational and financial context in which they work and their role in it
Understanding the contractual basis on which legal services are provided, including where appropriate how to calculate and manage costs and bill clients
Applying the rules of professional conduct to accounting and financial matters
Managing available resources and using them efficiently

[nemesis45]

Re: News: SRA proposes a Solicitors Qualifying Examination for all new solicitors

There are certain solicitor/firm that we see daily here, that would really benefit from some retrospective and immediate competence/compliance check.
nem