The Law Society of Scotland is marking the end of 2006 with a consultation on legal education and training, and CPD. But is it just the end of the year or the end of an era asks Collette Paterson.

With Christmas fast approaching, the obvious cheer in the air affects us all. In this, the season of goodwill, I hope the ‘new’ contingent of the legal profession will find the time (and not too many excuses) to contribute to the Law Society of Scotland’s biggest ever consultation on the future direction of legal education and training in Scotland.
The consultation was launched on Thursday 9 November 2006, and will run until early February 2007. It is the culmination of over two years’ work by working parties across the country and is a comprehensive look at a typical seven-year qualification process, CPD and fitness to practice. I expect that many of you have been awaiting the next instalment of the debate on legal education and training within the profession, and I am convinced that, given the timing, high numbers of the profession and other sectors of society will respond to the consultation (some 15,000 invitees were on the Society’s initial list). It is of course varied responses which will provide the Society with most food for thought, in terms of how best to instigate reform or change, and it is after the flurry of activity surrounding the consultation dies down the real policy decisions will be taken. As the Society’s New Lawyers’ Coordinator (and member of the profession), I urge all law students, Diploma students, trainees and new lawyers to take part and help shape those policy decisions, which could potentially see the profession entering a new era.
Students, trainees and new lawyers have a distinct role to play in this process, and the Society values your opinion just as highly as it values that of lecturers, the judiciary, or of your senior partner (despite what the latter might think…). Perhaps you are living the current qualification process, or you are new to office life and have discovered a Practising Certificate with your name on it doesn’t mean your learning days are over (CPD, anyone?). During your journey to qualification, have you ever truly stopped and wondered – is what I am studying relevant? Does it really need to take seven years to qualify as a solicitor in Scotland? In England and Wales, many solicitors study a completely unrelated undergraduate degree and are quick to justify the merit in that when they do qualify as solicitors. Finally, could there be an alternative, more effective way to qualify for and retain the badge of ‘solicitor’? If these are the types of questions you would like answered, you are someone who can make a genuine contribution to the future policy in these areas. Remember also that the Society is not saying radical changes are afoot. We are committed to this consultation exercise – if you think the status quo should be preserved, tell us just that.
The Main Questionnaire on the consultation homepage is split into five sections:
ï Core Values and Principles,
ï Foundation Programme (LLB)
ï Professional Education & Training
– Stage 1 (Diploma); and
ï Professional Education & Training
– Stage 2 (Traineeship)
ï Continuing Competence

Considering the Core Values and Principles;
(i) the fundamental values of being a solicitor (eg “the achievement of the highest standards of ethical practice”) and
(ii) the fundamental principles of legal education and training (eg that it should “take as its core educational concept the benchmark of competence in legal practice”). The reader can appreciate the rationale of the working parties whose work underpins the consultation – that each stage in legal education and training is bound together by these common themes. No one stage can be assessed or reviewed independently of the other stages, and there is emphasis on the idea solicitors must work throughout their careers on maintaining an appropriate level of competence.
The Main Questionnaire asks questions which demonstrate how controversial the consequences of the consultation exercise could be. There are tick-box questions, and also free-text boxes for those of you who wish to add further comment. We are confident you can complete the Main Questionnaire in 20 to 30 minutes.
There is also the option of completing Detailed Questionnaires, which analyse the distinct stages of qualification and ongoing fitness to practice in more detail. Those of you who find the Main Questionnaire absorbing may well decide to probe deeper.
The Society hopes that as many students, trainees and newly qualified lawyers as possible can contribute. You might have strong opinions on your current stage of training, or what follows that. Or maybe your old opinions have changed now that you are a qualified solicitor? But the Society can only take your opinions into consideration if you voice them. If you don’t, you might discover you do not agree with the future direction of legal education and training and CPD.
Log on to www.lawscot.org.uk/training/consult and have your say. Any eventual reforms are for life, not just for Christmas.

THE CONSULTATION – TOO CONTROVERSIAL?

The Foundation Programme (LLB)
It is suggested that there are ‘Core Areas of Knowledge’ which should be taught, as opposed to set courses prescribed by the Society. The reason being that it is the attainment of set ‘standards’ of knowledge in particular areas of law which should determine whether a person should be entitled to progress to the next stage of legal education and training.
This could potentially open up the market to third party commercial providers of the ‘Foundation Programme’, other than the Universities or the Society. As an LLB student or recent graduate, would this make your degree less valuable?

Professional Education & Training – Stage 1 (Diploma)
The Diploma in Legal Practice, with its focus on practical and professional skills, could be broken down into a series of ‘Competencies’ that, again, anybody could deliver.
This could mean that the Diploma in Legal Practice becomes only one of many routes to achieve the same outcome. Would you prefer, or would have you preferred, a combined LLB and Diploma, or a three-year traineeship with day-release?

Professional Education & Training – Stage 2 (Traineeship)
There could be more effective ways of assessing a trainee’s competence. Traineeships vary across the country and the standard of newly qualified solicitors is not currently fully measurable.
Are Quarterly Performance Reviews and logbooks a true test of a trainee’s competence, or do they merely demonstrate exposure to an area of law rather than practical experience? Should there be some form of examination during the traineeship?

Continuing Professional Development
In keeping with the fundamental principles of being a solicitor and the fundamental principles of legal education and training, it is suggested that the Society should be more proactive in prescribing CPD for the profession.
Should CPD be more closely monitored, with compulsory courses on issues which continue to affect the profession (eg money laundering), or a greater emphasis on CPD which truly tests competence in line with career advancement? Would this make promotion more or less attainable for newly qualified solicitors?

The PART-TIME LLB STUDENT’s view
“Studying for the part-time law degree is a big financial commitment. I already have a career as a research development scientist and it’s a daunting prospect having to give up work to study the Diploma full time and face a huge salary reduction during any traineeship. The best students, regardless of whether they studied the degree part-time or full-time, should have the least obstacles blocking their path into the profession. A consultation on the qualification process is exactly what is needed.”
Dr Sharon Hardie, part-time law student, University of Strathclyde.

The LLB graduate/dip lp student’s view
“During the first few weeks of the Diploma in Legal Practice it has become apparent that I am not continuing with my academic studies, but rather I am starting the three-year period of my professional training. There are aspects of this year that will be a steep learning curve but I think it is important to maintain the separation between the academic study of law through the LLB and the practical application of the law as taught through the diploma. However, I do feel that it would be beneficial for there to be consistency in the LLB syllabus across Universities offering the LLB, as not all students undertake the diploma at the same university as they undertook their undergraduate LLB degree. This would prevent any unnecessary overlap between the LLB and diploma in terms of academic teaching. The skills based teaching on the Diploma is an excellent insight into working in the legal profession and should stand us all in good stead when embarking on our traineeships.”
Josephine Mendum, student, Diploma in Legal Practice, University of Edinburgh.

The Trainee’s View
“It is unsettling to hear that what I need to achieve in the future might change, and a little demoralising to hear the profession question the worth of all the hard work people have to put in to get to the same stage as I am currently at. My concern is that those raising the issues may be a long way removed from the actual training – not really understanding what happens at present. My main reason for logging on will be to check whether there is an understanding of what training actually involves and to suggest that expanding the number of Diploma places and traineeships available is equally as important as re-evaluating the content of the LLB or Diploma.”
Andrew Freeman, second year Trainee, Boyds Solicitors.

The solicitor’s (1 yr pqe) View
“I qualified in September 2005 and now work in the employment law field. My job is varied and demanding, and the nature of my specialty means that I must keep myself abreast of all changes in employment law. Doing this contributes to my CPD, and I would say this is a true reflection of my continuing ability to practice. Nevertheless I expect there are other areas of Scots law which are not as fast-paced as employment law, and so CPD is undertaken in relation to developing other skills. If the suggestion is to amend CPD so that it truly represents ongoing fitness to practice, perhaps a ‘one size fits all’ approach is not appropriate.”
Gillian Bain, Solicitor (1 year PQE), Just Employment Law, Glasgow.


Collette Paterson is New Lawyers’ Coordinator
at the Law Society of Scotland.
Email: collettepaterson@lawscot.org.uk
Consultation Homepage: www.lawscot.org.uk/training/consult