Scotland’s QLA: empowering legal mobility

The legal landscape, once seen as a realm confined to local practices, is today proving globally accessible. Notable jurisdictions like the New York, California and Ontario Bars set the precedent. Scotland, a relatively fresh contender, now also welcomes international legal practitioners. The mechanism facilitating this openness is the Qualified Lawyers Assessment (“QLA”).

With its mixed legal system which blends elements of civil law and common law cultures, Scotland stands as a unique legal landscape for those who want to grow their career. It was the allure of Scotland’s mixed system that propelled my decision to requalify there, where my civil law foundation could meld with common law principles to enrich my legal practice and understanding. The QLA presents a compelling avenue for practitioners who aspire to contribute and practise within Scotland.

Deciphering the QLA

The path to becoming a Scottish solicitor offers three distinct routes for individuals not yet qualified. While the standard route caters to those entering university for the first time, the accelerated LLB route accommodates those with degrees in other disciplines or law degrees from other jurisdictions. Additionally, the pre-PEAT traineeship offers an alternative to the LLB, welcoming a select number of trainees annually. Amid these routes, the QLA extends its arms to lawyers already qualified in other jurisdictions.

The process is straightforward. The Law Society of Scotland invites applications from lawyers across the globe who wish to requalify as a Scottish solicitor. Requalification is a comprehensive journey, spanning 11 subject areas such as legal system and legal method, criminal law and more. These topics offer a holistic understanding of Scottish law, and candidates need to pass all modules. Exemptions based on prior qualifications and experience can be granted.

To embark into the QLA journey, one must prove status as a “fit and proper person to be a solicitor”. This entails providing various documents, including a certificate of good standing from one’s home bar association. It is a meticulous process, recommended by the Society to be initiated months ahead of the intended first examination. Official English translations should be obtained when necessary. I initiated my application four months prior to my intended first examination date.

QLA assessments are conducted biannually in May and November, spread across four days. This offers candidates the flexibility to stagger their modules across multiple sittings, adapting to their schedules – a boon for individuals like me, who occasionally face intensive working periods. I opted to take fewer modules and compensated by taking more during subsequent exam periods. Resits are allowed, but the number of retakes is finite.

Strategies for QLA preparation

Preparing for QLA is rather different than for other bar exams. Unlike England’s SQE or New York’s Bar Exam, I know of no preparatory courses. The Society offers a syllabus, recommended reading lists, and previously posed questions without model answers. This scarcity of resources may appear daunting, but it encourages rigorous study and mastery of the material.

Depending on the module, questions can be problem-based or essay-style, assessing candidates’ ability to present legal arguments coherently. While challenging, this assessment method proves rewarding as it cultivates in-depth understanding. Personally, I adhered to recommended reading lists for each module, delving into relevant sections before tackling past questions. This method, fortified with notes from my readings, enabled me to answer exam questions. Also, it is a good idea to work on writing techniques for Scottish law exams if you are coming from a civil law culture and educational background, like me, as the style of answering differs greatly. For mastering the fundamentals of Scots law, The Scottish Legal System by Megan Dewart, and contracts, which I personally found the most demanding area, MacQueen and Thomson on Contract Law in Scotland were my invaluable companions among others.

Final words

The QLA’s recognition by the Law Society of Scotland and its alignment with global legal trends give international lawyers the confidence that their requalification efforts will be acknowledged and respected in Scotland. Undertaking the QLA exposes them to a comprehensive curriculum covering various legal subjects, enhancing their understanding of Scottish law while also contributing to overall professional development, making them better-rounded legal practitioners.

From the other side of the coin, the QLA promotes diversity within Scotland’s legal community by encouraging practitioners from various backgrounds to bring their unique insights and experiences. This exchange enriches legal discourse and innovation in Scotland.

In conclusion, the Qualified Lawyers Assessment is more than a qualification – it is an enabler of legal mobility, an embodiment of legal diversity, and a catalyst for innovation. Scotland’s embrace of international legal practitioners through the QLA stands as an inspiring model for inclusivity, inviting legal minds from around the globe to embark on a transformative odyssey within its dynamic legal landscape. Personally, I am looking forward to engaging with the Scottish legal community and practising law as a Scottish solicitor.