ADMISSION RULES TO PRACTICE LAW IN THE UK

by Kulwant Singh Boora

Seeking admission to practice law within another jurisdiction (namely, the United Kingdom) we are first called to answer the question, which is, to practice law as what? a Barrister, Solicitor, or Legal Executive? The UK unlike many other jurisdictions has a more flexible approach in allowing suitably and legally qualified staff to practice law.  In UK there is no such thing as the ‘Unauthorized Practice of Law’ (UPL) as there is in the USA. 

Even a Paralegal is permitted to practice law, as long as he or she does not violate or break the law (i.e. The Solicitors Act 1974, s20-23) this being the relevant statue that expressly permits matters affecting property and preparation of certain legal documents. Which can only be carried out by a Solicitor (by an Officer of the Supreme Court of England and Wales, and one that is admitted as a Solicitor in accordance with The Solicitors Act 1974, s1-7). There only a few statues within United Kingdom, which expressly make provisions and reserves matters that only a Barrister, Solicitor, Legal Executive or Paralegal, can carry out. 

With this in mind, the Barrister’s and Solicitor’s profession are governed, monitored and regulated by their own respective professional bodies, the ‘Bar Council’ for Barristers (headquarters which are based in London, Cursitor Street: http://www.barcouncil.org.uk) and ‘The Law Society of England and Wales’ (headquarters which are based in London, Chancery Lane: http://www.lawsociety.org.uk/) for Solicitors.  In addition to this, The Institute of Legal Executives, being the professional body that represents specialized lawyers (is based in Kempton Manor, Bedford: http://www.ilex.org.uk/). 

All these professional bodies have provisions for foreign lawyers or law graduates to be eligible to practice law within the UK. However, with this provision also comes the necessary legal academic requirement of each professional body. For those who are engaged in international law, this certainly is an opportunity to add prestige to their firm or individual character being qualified within another jurisdiction.  

Strange as it may seem, for those who want to qualify as a Solicitor, there is no requirement per se, that you be engaged in the practice of English Law (i.e. if you were applying for admission as an Attorney-at-Law from the USA to the UK).  If this does not strike your fancy, the Bar Council also takes the view, that if the potential candidate has sufficient legal education within English law, but yet in another jurisdiction, they can claim exemptions on all five heads of the ‘Aptitude Test’ (AT). Which is the qualifying transfer test to become a Barrister in the UK.

§         The Solicitor Route 

The starting point for admission purposes is the Solicitor, for those who wish to qualify as a UK Solicitor. The general route is that you have a ‘Qualifying Law Degree’⁽¹⁾ having successfully completed and passed all the requisite exams, the candidate is then required to take the Legal Practice Course (LPC).  Having completed and passed the Legal Practice Course, the candidate is then required to serve as a minimum, two years as a Trainee Solicitor prior to admission to rolls as a UK Solicitor.  For those who have a non-law degree, the individual is required to either take the necessary conversion course which can either be the Common Professional Examination (CPE) or the Post Graduate Diploma in Law (PgDipLaw), which covers the general core foundation law subjects.⁽²⁾ This is the route in a nutshell. 

For those wanting to be admitted from another jurisdiction and who are already admitted as practicing lawyers to the Highest Court in the district or country, the candidate is required to take the ‘Qualifying Lawyer Transfer Test,’ which generally consists of fours individual heads. Head I: Property, Head II: Litigation, Head III: Professional conduct & Accounts and Head IV: Principles of Common law (also see the QLT Regulations (1990) issued by the Law Society). ⁽³⁾  

With this is mind, there is one thing that is favorable to those who are already admitted and that is that you may not be required to take all four heads examinations, the Law Society in its QLT publication (1990), lists jurisdictions which are required to take all or some of the exams, for example, US Attorneys are required to only take to two out of the four heads (Property Litigation and Professional Conduct & Accounts). 

Jamaica, South Australia, Hong Kong for example, is required to take (Professional Conduct and Accounts Head of the Test). So, it’s not that as bad as it may seem, however, prior to taking the exams the candidate has to apply for a certificate of eligibility from the Law Society, allowing them to take the exams, which can be proctored in various jurisdictions. Yet, there still remains the issues of practical experience, how does one overcome this, yet never having the opportunity to step foot in the UK to practice English law or British law. 

As we shall see, the Bar Council takes a totally different view on admission to the Law Society.  There again the Law Society, does not require the individual to have practiced English Law, but merely be engaged in the practice of law in a ‘Common Law’ jurisdiction, they stipulate the following requirement: 

            “Experience gained overseas may count if this has been gained in a common law jurisdiction.” 

                                          The Law Society – Qualifying Transfer Regulations (1990) p. 3

  Having said this, there is a pre-requisite that the applicant have completed as least two years practical legal experience, post his admission in his home jurisdiction. But the approach to being admitted to practice law within the UK, I find to be more flexible and less rigid that its counterpart the Bar Council.  I certainly do not want to give the wrong or false impression, that the Bar Council is a society in my view that distracts applicants, but it is worth stressing this point for potential candidates. 

After satisfying the practical requirements the candidate is then admitted to the ‘Roll of Solicitors’ (see, The Solicitors Act 1974, s6) as a British Lawyer, and is then eligible to engage quite comfortably in the practice of law within the UK, or even from abroad, you are however required in accordance with the rules to maintain a practicing certificate (see, The Solicitors Act 1974, s.9-18 and The Guide to the Professional Conduct of Solicitors, 8^th Ed, September 1999, Chapter 2, Regulations Requirements, p.32 and Practicing Certificate Regulations 1995 (annex 2B) p. 49). This is basically a brief overview of the procedure and requirements for a UK Solicitor, I now turn to look at the Barrister, this being slightly different, but yet it has similarities as we shall see.

§         The Barrister Route 

The initial process is similar to a Solicitor, a qualifying law degree or as the case may be a non-qualifying law degree. After completing this, the barrister ventures into a different arena. After completing the academic stage (being the law degree or, CPE, PgDipLaw) you are still required to complete the vocational stage of training (BVC).  Before starting the vocational stage of training, you must become a member of an Inn of Court. You can however, join during the academic stage, but, if not, you must have joined an Inn by the end of May in the year that you commence the Bar Vocational Course (BVC), (see Bar Council publication called “A Career At the Bar” p.5). 

The potential barrister is required to take and complete the Bar Vocational Course (BVC), this being a more practical qualification, similar to that of the Legal Practice Course for Solicitors. The BVC is designed in such an away that its primary object to place heavy emphasis on developing the skills required for practice at the Bar. This vocational course helps in various ways in assisting the candidate in developing the necessary skills that will be required in practice, i.e. role-playing exercises, interviewing one-another, negotiating solutions to legal problems or even enacting court room procedures, I would like to stress that the key component of the Bar Vocational Course is ‘Advocacy.’ 

Students are also encouraged to obtain what is called Mini-pupillages. This is a way that students get insight to what a practicing barrister does. These can last a week or so, in which the student shadows an experienced barrister, and provides assistance in which they might be required to read through papers, conduct legal research, discuss cases, and attend court. After completing and passing the BVC you are eligible to be called to the Bar.  

However, you cannot practice as a barrister until you have completed the pupilage (note this is not a mini-pupillage, but a form of trainee). This is a one-year period of in-house training, spilt between the first six months as ‘non-practicing’ when you will shadow an experienced barrister, and the second six months, in which you are entitled to supply legal services and exercise rights of audience under supervision. 

Pupillage can be undertaken in chambers or in another organization authorized by the Bar Council.  The next stage from this is sometimes to consider a third six or ‘squatting’ (an additional six months) since only fifty percent of pupils obtains tenancy with a set of chambers.  Then your start life as a junior tenant, incidentally a tenancy is just a term used to describe a barrister who is engaged in the practice of law in a set of chambers. 

This basically highlights the admissions rule to become a barrister whilst in the UK; the position is different when you seek admission from another jurisdiction.  For the sake of ease we shall again use the American Attorney as an example.  The Bar Council has what is called the ‘Aptitude Test,’ this is on similar footing to what one has to do to qualify as a Solicitor, which is the ‘Qualifying Transfer Test’ (stated above). To quote the Bar Councils view:

             “Information on how to transfer to the bar if you are:

·         European lawyers

• Solicitors

• Members of the Bar of Northern Ireland

• Members of the Faculty of Advocates in Scotland

• Qualified legal practitioners in other common law jurisdictions

·         Legal Academics

                                      Transfer to the Bar regulations (The Bar Council Legal Education

“Common Law Practitioners:

One is eligible to apply for admission as a common law practitioner if he/she:

• is a qualified lawyer in a common law jurisdiction

• has regularly exercised rights of audience in the superior courts of a common law jurisdiction for at least 3 years

• has, or is in a position to acquire, the right to remain and work in the United Kingdom

• can show that he/she has reasonable grounds to expect that, upon Call, a set of chambers or other organization will be able to offer the applicant a position from which to practice

If an applicant is approved for admission as a common law practitioner, he/she will normally be required to complete some or all of the Aptitude Test and to complete a period of pupilage,”

Common Law Practitoners

Yet again, it can be seen that the Bar Council take a very similar view to that of the Law Society and even perhaps the Institute of Legal Executives, which view common law jurisdiction rather favorably. This procedure requires the applicant to undertake additional legal education, from a British prospective (i.e. English Law), with respect to the law and legal practice.  The Bar Council has five heads which the applicant will need to cover three of which concentrate on the English Legal System, one concentrates on advocacy skills and requirements, and the final one concentrates on the Conduct and Ethics, a total of 5 heads as stated.  

One point of interest is that the Aptitude Test is administered over two weekends, since the rules have recently changed.  The test, with reference to the English Legal System 1-3, this covers the overall English Legal system, however, the individual may not be required to take this test, based upon his academic status, or may be required to take several subjects, since this is largely dependant on the individuals prior English legal system knowledge.  

Furthermore, the candidate may also be exempt for part four, which relates to advocacy, but this again is dependant on the candidate’s knowledge and part five which relates to ethics and conduct, this again is dependant on the candidates prior knowledge.  All of this reviewed and considered by the ‘Joint Regulation Committee’ of the Bar Council. 

Again, the candidate will be required to obtain and secure pupilage, with a set of barristers’ chambers, within the UK, contrasting the position with Solicitors and Legal Executives, which can be admitted, though not resident within the UK.  However, the Bar Council has the power to exempt candidates, which are termed as ‘Specially Qualified Applicants’ under ‘Part IV of the Consolidated Regulations’, from pupilage, but usually the candidate is required to be within the UK. 

I would like to mention that those who wish to peruse such an career or legal qualification are required to contact the appropriate professional body, and again like every jurisdiction, I’m sure you will agree that each individual applications is based upon its merits.  For those who are Attorneys, I would state that I find this approach to be slightly favorable since the Attorney’s role is to engage in advocacy.  I would not dispute that an American Attorney with substantial experience and academic education will be viewed favorably. 

Finally I now turn to the British Legal Executive. You may well be asking how or were does, he or she fit into this big picture of the British lawyer. The Legal Executive is in their own right a lawyer, who engages in the practice of law within England and Wales. They engage in the practice of law very similar to that of a Solicitor, with exceptions of course.  They are not Solicitors, since Solicitors are a separate branch entirely, nor can the Legal Executive cannot hold themselves out as Solicitor, since this would be contrary to the Solicitors Act 1974, section 21 which states as follows  

            “Any unqualified person who willfully pretends to be, or takes or uses any name, title, addition or description implying that he is, qualified or recognized by law is qualified to act as a solicitor shall be guilty of an offence and liable on summary conviction to a fine not exceeding the fourth level on the standard scale.” 

The Solicitors Act 1974 s21

 This certainly, in my view, is another route that a candidate can take in becoming a legally qualified person, who can engage in the practice of law within the UK, though much of this article concentrates on the popular terms such as barrister and solicitor. With respect to the education of a legal executive, one thing I can say for obtaining a professional or legal professional credential, apart from the paralegal qualification is that it is one of the more inexpensive that I have seen, especially if you wish to obtain the prestige of being called a lawyer, since fully qualified legal executives are specialized lawyers. 

§         The Legal Executive 

This route does not require that you have a law degree or a non-law degree, but a law degree can be helpful since you can be eligible for exemptions from all the law papers in part one and part two.  In order to qualify as a legal executive, should you wish to go that far, you are required to pass all papers, both law and practice in part one and part two, which incidentally has now been changed to ‘ILEX Level 3 Professional Diploma in Law’ for part one and for part two it is now called ‘ILEX Level 6 Professional Higher Diploma in Law.’⁽⁴⁾ 

Furthermore you are also required to have had five years of practical experience, prior to admission as a Fellow of the Institute of Legal Executives.  Only Fellows on the institute of Legal Executives can call themselves Legal Executives or British Lawyers.  For those who seek admission from other jurisdictions, you can take the Institutes course by distance learning, or seek exemptions if you have comparable or equivalent English law or legal subject qualifications obtained within your jurisdiction.  One thing that the Legal Executive Institute does it that it has been approved by the Law Society, so an individual wishing to pursue a career as a Solicitor can in fact come through the Legal Executive non-law or degree route (in reality you do not even need a law degree or non-law degree to become a solicitor). 

For those jurisdictions, which engage in common law practice there again would I say that this is something that would be viewed in my opinion and understanding as something rather favorable. So in closing, we see that for those who wish to pursue admission in the UK, it may not seem that bad, since there are a lot of ways round the complicated system of things. Furthermore this also will serve credibility and justice to you as an individual and to your organization or law practice, in my personal view.

Footnotes 

1. The Bar Council publication (2003-2004) ‘Qualifying Law Degree’ publication p.2 “A Qualifying Law Degree (QLD) is a degree that satisfies the requirements of the Bar Council and Law Society contained in the Joint statement 1999 or its predecessor. The Joint Announcement/Statement on a Qualifying Law Degrees is a definitive statement which is agreed and issued from time to time by the Bar Council jointly with the Law Society. Qualifying Law Degree will need to have been approved by the Professional Bodies and a list of currently approved Qualifying Law Degrees is available from the Professional Bodies and can be down loaded on their respective websites.” The Joint Statement was issued in 1999.

2. The Bar Council publication (2003-2004) ‘The Common Professional Examination,’ ‘Graduate Diploma in Law,’ p. 9-12. The course subjects are, Obligations I: Contract Law, Obligations II: Law of Tort, Criminal Law, Equity and the Law of Trusts, European Union Law, Property Law and Public Law.

3. The Qualifying Transfer Regulations (1990) QLTR (98/4).

4. See the Institute of Legal Executive Course Syllabus 2003, available on-line.

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