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  1. Home
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  5. October 2023
  6. No LLB? No barrier

No LLB? No barrier

Highlighting the alternative route to qualification via the Law Society of Scotland’s exams – and the difficulties that can face those choosing this route due to lack of awareness among employer firms
16th October 2023 | Claire Gregory

The Law Society of Scotland offers an alternative route to qualifying as a solicitor, which involves embarking on a three year pre-PEAT traineeship while studying for the Society examinations. Trainees are required to work under the supervision of a qualified Scottish solicitor and the traineeship should provide the trainee with an opportunity to acquire skills and experience in applying the law in real life situations. At the end of the pre-PEAT traineeship there is still a requirement to complete the Diploma in Professional Legal Practice in either nine months full time or over two years part time, followed by the standard two year traineeship.

My experience

For me, having started an accountancy degree after leaving school (quickly realising it was not for me) then switched to a BA in law, the alternative route to qualification was the better option. Having completed the BA, the thought of going back to university really did not appeal to me. When I set out on my route to qualifying, there were eight Society examinations to complete (now 10). There is however an option to apply for exemptions, which was another attractive feature for me.

From my BA, I was able to produce evidence to show I met the criteria for an exemption in European Community Law, Scots Criminal Law and paper one of Scots Private Law. This route is by no means an easy option; trainees are required to balance working full time while studying for the examinations. The subjects are self-taught and the only learning material available is a syllabus, reading list and past exam papers.

This route requires a lot of hard work and self-discipline. When I began it I had been working as a paralegal for around 18 months. I was keen to continue working full time and continue learning on the job. During my pre-PEAT traineeship I gained valuable experience in litigation, conveyancing and private client work. I learned a lot from two very well established solicitors, the head of Civil Litigation and head of Private Client & Commercial of the firm in which I worked. The support and guidance I received together with the opportunity to acquire skills and gain practical experience, at an early stage, helped shape the lawyer I am today.

Obstacles

There is a lack of awareness of this alternative route to qualification within the profession which can at times present some obstacles to the trainee at the end of the traineeship, as well as the solicitor once qualified. First, the Society’s examinations are not an equivalent to an LLB and are simply an alternative route to qualification. It may not always be possible for a trainee to be kept on at the firm when they complete the three year traineeship, and those not ready to embark on the Diploma may find themselves in a situation where they are unemployable due to lack of awareness. Employers reading a CV will not always understand why an applicant, having completed a traineeship, is not yet qualified.

Secondly, solicitors qualifying in this way do not hold an LLB and may not have held any other degree before embarking on this route. One of the main obstacles I have come across is job specifications for solicitor posts which state it is essential for the applicant to hold an LLB as well as a Diploma in Professional Legal Practice. I have also come across instances of employers requesting that candidates “hold a degree from a university of good standing”.

In some cases, applicants can easily explain within the application that while they do not hold an LLB, they are a qualified solicitor having sat the Society examinations. However, where recruitment portals are used, these are often set up to filter applications and do not allow the applicant to proceed where they say “no” to meeting essential criteria such as holding a degree or LLB. Employers should therefore be mindful of the wording of job advertisements to ensure that solicitors who qualified via the alternative route are not prevented or excluded from applying for a solicitor post.

An easy solution to this could be a request that applicants either hold a current practising certificate or are at least entitled to hold one. Alternatively, the addition of the words “or Law Society alternative” after “LLB” would resolve this issue.

Final words

A very important difference between these two routes to qualification is that some people may embark on an LLB with no intention of ever becoming a solicitor. An LLB can open up many other successful career opportunities. Those who embark on the alternative route to qualification, however, do so with the sole intention of becoming a solicitor. The opportunity to qualify in this way promotes diversity and makes entry into the profession more accessible to those who are not able to or do not wish to attend university. It also, in my opinion, creates a more well-rounded solicitor, which can pave the way to career acceleration.

The Author

Claire Gregory is a senior solicitor in-house with a Scottish local authority

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