QWE for Paralegals
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The introduction of the Solicitors Qualifying Examination (SQE) on 1 September 2021 has brought about a transformative shift in the legal profession, offering a more flexible route to qualification as a solicitor. For paralegals and individuals in similar legal roles, this new pathway opens up opportunities to use their existing work experience as qualifying work experience (QWE) without needing to complete a formal training contract.
The Shift from Traditional Routes to the SQE
The SQE was introduced to simplify and democratise the process of qualifying as a solicitor, gradually replacing older methods like the Legal Practice Course (LPC) and training contracts. Under this new regime, paralegals and others in legal support roles can count their work experience toward qualification. This change addresses a long-standing bottleneck where aspiring solicitors struggled to secure training contracts, a requirement under the previous system. The flexibility of QWE offers a way around this challenge, enabling more individuals to advance in their legal careers.
What Counts as QWE?
QWE under the SQE can include a broad range of legal work, from traditional paralegal roles to positions in in-house legal teams. Work carried out before the SQE’s implementation in September 2021 can still be counted as QWE, provided it meets the SRA’s requirements. Candidates can register relevant experience retrospectively with the Solicitors Regulation Authority (SRA).
To qualify as a solicitor, candidates must pass both the SQE1 and SQE2 assessments, in addition to holding a degree-level qualification or its equivalent. However, the introduction of QWE allows candidates to bypass the need for a training contract by instead relying on their accrued experience. The experience must be confirmed by a solicitor (practising or non-practising) or a Compliance Officer for Legal Practice (COLP), ensuring it aligns with SRA guidelines.
The Role of Employers in Supporting QWE
Employers play a crucial role in the QWE process, even if they do not operate formal training programs. Firms and organisations may be asked to confirm that an employee’s work meets the criteria for QWE. This applies whether the role is in a traditional law firm, an in-house legal team, or another legal setting. The requirements for QWE are intentionally broad, allowing candidates to accumulate experience across up to four different organisations, with no minimum time threshold for each placement.
When an employer is asked to confirm QWE, they are responsible for ensuring that the candidate’s work aligns with the SRA’s standards. Importantly, confirmation of QWE does not equate to an assessment of the candidate’s competence; that is determined solely through the SQE1 and SQE2 exams. Employers cannot unreasonably refuse to confirm QWE if the candidate’s experience meets the necessary criteria, even if the candidate was not on a structured training path.
Keeping Accurate Records
For both candidates and employers, meticulous record-keeping is key to ensuring that QWE can be properly confirmed. Employers should maintain clear records of employees' roles, the tasks they performed, and the duration of their employment. Even short-term placements can qualify as QWE if they provide relevant legal experience.
Candidates are responsible for documenting their work experience in detail. This includes recording the length and timing of their work, the specific tasks they undertook, and how those tasks contributed to the development of competencies set out in the statement of solicitor competence. These records are critical when it comes time for a solicitor or COLP to confirm the QWE with the SRA.
Setting Expectations and Managing the QWE Process
Effective communication between employers and candidates is vital throughout the QWE process. When hiring paralegals or other legal professionals, it is good practice to discuss the potential for QWE confirmation from the outset. This includes clarifying the firm’s policies, the support available for candidates, and how the employer’s internal processes align with the candidate’s qualification goals.
Employers should manage expectations about future roles, including the possibility of continuing to employ the candidate in a non-solicitor role even after they qualify. Additionally, it is important to determine who will bear the cost of the practicing certificate if the candidate successfully qualifies but does not transition into a solicitor role within the organisation.
The SQE Assessments and Transitional Arrangements
In addition to QWE, passing the SQE1 and SQE2 exams is mandatory for solicitor qualification. Candidates who have already completed the LPC may be exempt from SQE1 but must still undertake the SQE2 assessment. Transitional arrangements allow those who began their legal training under the old system to either continue on that path or switch to the SQE route.
Some firms are offering support to candidates preparing for the SQE exams, providing financial assistance or study leave. While this is not required, it can help attract and retain talent and promote diversity within the legal profession by removing financial barriers for aspiring solicitors.
Employment After Qualification
One of the most significant changes under the SQE system is the flexibility it grants employers in managing their workforce post-qualification. Even if a paralegal qualifies as a solicitor via the SQE route, the employer is not obligated to change their role to that of a solicitor. The firm can continue to employ the individual in a paralegal or similar capacity if it aligns with their business needs. However, if the individual provides legal services, they must hold a practicing certificate and meet regulatory standards.
The SRA does not dictate job titles or roles as long as they are not misleading to clients. That said, employers may want to reassess how best to utilise the skills and experience of newly qualified solicitors within their organisation. Retaining talent and providing clear career progression opportunities can be beneficial both for the employee and the firm.
In conclusion, the SQE and QWE represent a major shift in how aspiring solicitors can achieve their goal of qualification. For paralegals and those in similar legal roles, this new pathway offers the chance to use their day-to-day work as a stepping stone toward becoming a solicitor. The flexibility provided by QWE not only broadens access to the profession but also supports the development of a more diverse and skilled legal workforce.
The Shift from Traditional Routes to the SQE
The SQE was introduced to simplify and democratise the process of qualifying as a solicitor, gradually replacing older methods like the Legal Practice Course (LPC) and training contracts. Under this new regime, paralegals and others in legal support roles can count their work experience toward qualification. This change addresses a long-standing bottleneck where aspiring solicitors struggled to secure training contracts, a requirement under the previous system. The flexibility of QWE offers a way around this challenge, enabling more individuals to advance in their legal careers.
What Counts as QWE?
QWE under the SQE can include a broad range of legal work, from traditional paralegal roles to positions in in-house legal teams. Work carried out before the SQE’s implementation in September 2021 can still be counted as QWE, provided it meets the SRA’s requirements. Candidates can register relevant experience retrospectively with the Solicitors Regulation Authority (SRA).
To qualify as a solicitor, candidates must pass both the SQE1 and SQE2 assessments, in addition to holding a degree-level qualification or its equivalent. However, the introduction of QWE allows candidates to bypass the need for a training contract by instead relying on their accrued experience. The experience must be confirmed by a solicitor (practising or non-practising) or a Compliance Officer for Legal Practice (COLP), ensuring it aligns with SRA guidelines.
The Role of Employers in Supporting QWE
Employers play a crucial role in the QWE process, even if they do not operate formal training programs. Firms and organisations may be asked to confirm that an employee’s work meets the criteria for QWE. This applies whether the role is in a traditional law firm, an in-house legal team, or another legal setting. The requirements for QWE are intentionally broad, allowing candidates to accumulate experience across up to four different organisations, with no minimum time threshold for each placement.
When an employer is asked to confirm QWE, they are responsible for ensuring that the candidate’s work aligns with the SRA’s standards. Importantly, confirmation of QWE does not equate to an assessment of the candidate’s competence; that is determined solely through the SQE1 and SQE2 exams. Employers cannot unreasonably refuse to confirm QWE if the candidate’s experience meets the necessary criteria, even if the candidate was not on a structured training path.
Keeping Accurate Records
For both candidates and employers, meticulous record-keeping is key to ensuring that QWE can be properly confirmed. Employers should maintain clear records of employees' roles, the tasks they performed, and the duration of their employment. Even short-term placements can qualify as QWE if they provide relevant legal experience.
Candidates are responsible for documenting their work experience in detail. This includes recording the length and timing of their work, the specific tasks they undertook, and how those tasks contributed to the development of competencies set out in the statement of solicitor competence. These records are critical when it comes time for a solicitor or COLP to confirm the QWE with the SRA.
Setting Expectations and Managing the QWE Process
Effective communication between employers and candidates is vital throughout the QWE process. When hiring paralegals or other legal professionals, it is good practice to discuss the potential for QWE confirmation from the outset. This includes clarifying the firm’s policies, the support available for candidates, and how the employer’s internal processes align with the candidate’s qualification goals.
Employers should manage expectations about future roles, including the possibility of continuing to employ the candidate in a non-solicitor role even after they qualify. Additionally, it is important to determine who will bear the cost of the practicing certificate if the candidate successfully qualifies but does not transition into a solicitor role within the organisation.
The SQE Assessments and Transitional Arrangements
In addition to QWE, passing the SQE1 and SQE2 exams is mandatory for solicitor qualification. Candidates who have already completed the LPC may be exempt from SQE1 but must still undertake the SQE2 assessment. Transitional arrangements allow those who began their legal training under the old system to either continue on that path or switch to the SQE route.
Some firms are offering support to candidates preparing for the SQE exams, providing financial assistance or study leave. While this is not required, it can help attract and retain talent and promote diversity within the legal profession by removing financial barriers for aspiring solicitors.
Employment After Qualification
One of the most significant changes under the SQE system is the flexibility it grants employers in managing their workforce post-qualification. Even if a paralegal qualifies as a solicitor via the SQE route, the employer is not obligated to change their role to that of a solicitor. The firm can continue to employ the individual in a paralegal or similar capacity if it aligns with their business needs. However, if the individual provides legal services, they must hold a practicing certificate and meet regulatory standards.
The SRA does not dictate job titles or roles as long as they are not misleading to clients. That said, employers may want to reassess how best to utilise the skills and experience of newly qualified solicitors within their organisation. Retaining talent and providing clear career progression opportunities can be beneficial both for the employee and the firm.
In conclusion, the SQE and QWE represent a major shift in how aspiring solicitors can achieve their goal of qualification. For paralegals and those in similar legal roles, this new pathway offers the chance to use their day-to-day work as a stepping stone toward becoming a solicitor. The flexibility provided by QWE not only broadens access to the profession but also supports the development of a more diverse and skilled legal workforce.
