How to Demonstrate and Confirm QWE

Aspiring solicitors in England and Wales must demonstrate their Qualifying Work Experience (QWE) as part of the process to become fully qualified. Understanding how to effectively record and confirm this experience is crucial for meeting the necessary requirements.

Recording Work Experience
To assist candidates in documenting their work experience, a template is available that can be used to record how the experience aligns with the necessary solicitor competencies. Although this template serves as a helpful training and recording tool, it is not a regulatory requirement. The purpose of the template is to guide candidates in reflecting on how their work experience has contributed to their development as a solicitor.

Who Can Confirm Your QWE?
For QWE to be officially recognised, it must be confirmed by a solicitor of England and Wales or a Compliance Officer for Legal Practice (COLP). It is important to note that the confirming solicitor does not need to hold a practising certificate. Furthermore, the solicitor confirming the experience does not necessarily have to work for the same organization as the candidate. However, they must have reviewed the candidate's work during the relevant period and received feedback from the person(s) supervising the candidate's work.

It is essential to ensure that the person confirming your QWE meets the criteria set out by the Solicitors Regulation Authority (SRA). The confirmer cannot be a barrister of England and Wales unless they are also a solicitor or a COLP. Additionally, a different type of qualified lawyer (e.g. CILEX lawyer, barrister, trademark attorney), whether from the UK or internationally, is not eligible to confirm QWE unless they also hold solicitor status.

What is Being Confirmed?
When a solicitor or COLP confirms a candidate's QWE, they are attesting to specific aspects of the experience. First, they confirm the length of the work experience. Second, they verify that the experience involved providing legal services, and that the candidate had the opportunity to develop at least two of the competencies required for solicitors. Finally, they confirm that no issues arose during the work experience that would raise concerns about the candidate's character and suitability for admission as a solicitor.

It is important to understand that confirming QWE does not involve assessing the candidate's competence or determining their suitability to practice law. These aspects are evaluated through the Solicitors Qualifying Examination (SQE) assessments. The role of the confirming solicitor is simply to verify that the experience meets the SRA's criteria.

The Role of the Confirming Solicitor
The confirming solicitor's role does not include evaluating the quality of the candidate's training or the standard of their work. Their responsibility is limited to confirming that the experience meets the required criteria. However, the confirming solicitor may request specific evidence from the candidate to support the confirmation process. This could include reviewing documents, receiving feedback, or any other relevant information.

Using Past Experience
Candidates can also claim QWE retrospectively for previous jobs, placements, or volunteer roles, as long as the experience meets the necessary criteria. There is no time limit on how far back the experience can be claimed. To do this, candidates will need to contact their previous employers to identify someone who can confirm their experience.

While solicitors and COLPs are expected to take reasonable steps to confirm backdated QWE requests, there may be situations where this is not possible, such as if no records of the experience are available.

In conclusion, demonstrating and confirming QWE is a vital step in the journey to becoming a solicitor. By ensuring that the experience is properly documented and confirmed by an eligible professional, candidates can confidently progress towards qualification.