Do you consider that the current system of legal education and training can provide the lawyers that this country needs?

Written by Meagan Pitt

INTRODUCTION:

Being able to be part of the legal system is seen as being very prestigious, no matter in which country it is. Throughout history the United Kingdom has seen many great solicitors and barristers and surely their will be more in the future, however, exactly how many gruelling challenges do potential legal professionals have to undertake and what contributions have the legal education system made to help them be the best they can be for themselves, their clients and the state.

In this essay I plan to put across the education and training currently made available by both the Law Society and the Bar Council, the different criticisms and suggestions made by individuals and professional bodies regarding the training and education and I will also deliver my own opinion about each.

AVAILABLE TRAINING FOR SOLICITORS:

Initially students would obtain their A levels and then move onto obtaining a law degree, however students that have a degree in another subject is able to take the Common Professional Exam for a duration of two years, concentrating on core legal subjects.

There is also another route of entry. The student would obtain 4 GCSEπs, do part 1 and 2 of the ILEX exam, work in a solicitorπs office for two years and if over 25 and they have worked in solicitors firm for 5 years, they will be admitted as a Fellow of Institute of Legal Executives.

After these stages the student would take the Legal Practice Course for duration of one year and he would then undertake a two year paying training contract in a solicitors firm, while doing a 20 day Professionals Skills Course which builds on the skills learnt on the Legal Practice Course.

At the end of this time the trainee would now be a qualified solicitor and would be added to the role of solicitors by the Master of the Roles.

AVAILABLE TRAINING FOR BARRISTERS:

The student would initially obtain their A levels and then move onto obtaining their Law degree, however there are two other ways in which they are able to qualify for the next stages of training.

A non-law degree student can go onto doing the Common Professional Exam for duration of one year and a mature non-graduate student is able to take the Common Professional Exam for duration of two years.

After these stages the student would be required to under take the Bar Vocational Course for duration of one year which focuses on factors such as interviewing, drafting pleadings for use in court, negotiation & advocacy and legal research.

They would also then join one of the four Inns of Court namely:

1. Lincolnπs Inn

2. Grayπs Inn

3. Inner Temple

4. Middle Temple

Dining there twelve times in order to establish contacts that would be essential further on in their futures as trainee and qualified barristers.

If the costs involved for doing this are proving to be too costly, they can take the alternative weekend residential course at different intervals in order to undertake their twelve dinners.

Once students have reached this stage they are then called to the Bar and are qualified barristers, however they have to complete the next stage of practical training.

They would do a pupillage in a fully qualified barristerπs chambers for duration of 2x6 months and would earn a salary usually about half the amount paid to a trainee solicitor.

During the first 6 months the trainee would be shadowing his master and for the second 6 months they are eligible to appear in court and conduct their own cases.

After completing all these stages the trainee is now able to practice as a self-employed barrister.

COSTS INVOLVED:

With the cost of living rising, increasing tuition fees and other accumulated debts from universities it has become financially restricting for students to undergo necessary education and training.

Fees like £6000 to take the Legal Practice Course and £9000 to for barrister trainees to take their Bar Vocational Course mean that many students who arenπt financially equipped have to take out loans, resulting substantial amounts of debt even before they qualify.

This can be quite discouraging to potentially excellent barristers and solicitors who are financially disadvantaged, as the education and training procedure seems to be catering for the most financially able instead of the most intellectually able.

However when a trainee solicitor does his training he is paid quite well and can therefore work on paying his debts earlier but trainee barristers are far less lucky

According to studies conducted for the Bar by barristers, including Nigel Lickley, the debt for young barristers under the age of 25 is averaged at £20.000 and because they arenπt paid well during their pupillage and they have to wait at least 18 months to be paid when they are qualified they are unable to work on paying their debts sooner.

This results in deterioration in the number of future quality barristers because they consider alternative careers, such as becoming a solicitor instead, in order to pay off their large sums of debt.

WHAT CAN BE DONE TO HELP?

Charter 88 argues that the government should issue funding throughout the duration of education and training.

I think this is a good idea because it provides another source of finance for students. It should be deducted as tax from the public and they shouldnπt frown upon it as it is being used to educate and train quality solicitors and barristers that would be representing them, the public, in the future.

A report written by Sir Robin Mountfeild, a former permanent secretary at the Cabinet Office recommended that barristers could contribute 0.25% of their gross income if they earn between £100.000 and £250.000 and if they earn amounts above that, they could contribute 0.5% of their gross income towards a scholarship scheme.

I think this should be done as the qualified barristers appreciate and understand the difficulties trainees are going through and by contributing they are keeping the profession they have dedicated their lives to alive by enabling potential barristers to enter the dream that they are living presently.

OMROD COMMITTEE REPORT (1971):

This report expressed that the main entry route should be via Law degree.

I disagree because students that have taken the Common Professional Exam and have another degree have the advantage of being able to specialise in a particular field.

Say for instance a student with a Business Studies degree takes the CPE; he would then be able to specialise in Business Law and perform very well for the client and himself.

Also if a student is dilligent enough to pass the CPE surely he must be competent, reliable and trustworthy enough to make a good solicitor/barrister.

MICHAEL ZANDER:

Michael Zander argues that the academic and vocational stages of training should include special attention in areas such as drafting documents and interviewing within the Law degree and also, that there should be better links between the two.

I agree because emphases on issues like drafting documents and interviewing skills prior to the LPC and BVC would allow the student to become familiar with these skills before hand and therefore they would be able to grasp the in-depth concepts and ideas constituted in law.

They themselves would then have better understanding of what they are doing, encouraging confidence with clients in the later stages of their career.

Michael Zander further argues that pupillage and training contracts can vary and ranges in different levels of quality.

I think that this could be problematic because a person that would make a wonderful solicitor/barrister could be disadvantaged because their employees and staff are not supportive and leave the trainee to his own devices, limiting the traineeπs experience that is so crucial to the progression of his career.

UNAVAILIBILITY OF TRAINING CONTRACTS & PUPILLAGES:

When the Legal Practice Course was set up in the 1990πs to replace the Law Societies Finals Course, more places were made available stopping the criticism that students with good law degrees were unable to find a place for the next stage of training.

Similarly, the Bar Vocational Course was made more accessible to students after September 1997 as the 6 other bodies besides the 4 Inns of Court were validated and were allowed to offer the course.

Due to this, far more students are passing their LPC and BVC, resulting in a decrease of the balancing ratio between the number of passes and the number of training contracts and pupillages available.

WHAT CAN BE DONE TO HELP?

I think that the Law Society and the Bar council should try to establish a system wherein each applicant is able to find a training contract or pupillage, e.g. each firm/chamber in the UK is given a certain amount of people they have to issue training contracts and pupillages to.

LORD CHANCELLORS ADVISORY COMMITTEE:

In a report issued in 1996 the ACLEC suggested that all students should take a Professional Legal Studies Course, lasting 18 weeks and should then decide between doing the Legal Practice Course or the Bar Vocational Course.

I agree with this report because it allows students to derive in-depth understanding of the pleasantries and challenges associated with each of these professions.

It will make it easier for them to do introspection and establish whether their personal characteristics and preferences are suitable and would allow them to do well in either of the two occupations.

CONCLUSION:

In conclusion I would like to say that I do believe that the legal education system has been cultivating wonderful solicitors and barristers but if the suggestions and the points argued above were taken into consideration, it would make way for exceptional solicitors and barristers!

23^rd Sept 2004.