Apprenticeships needed to reduce barriers to profession, MSPs report
Legal apprenticeships should be introduced as soon as possible as part of a drive to reduce barriers to entry to the legal profession, a Holyrood committee reports today.
In its report, Training the Next Generation of Lawyers: Professional Legal Education in Scotland, the Justice Committee calls on schools, universities and the Law Society of Scotland to consider what barriers exist to becoming a lawyer and to take action to remove them.
After hearing a range of opinions about access to legal education, including the view that costs may deter students from disadvantaged backgrounds from qualifying as a solicitor, the MSPs suggest that a range of possible solutions be considered, such as increasing student support to cover tuition fees, requiring firms to recruit trainees in advance of them undertaking the Diploma, and ensuring the availability of alternative modes of study including part-time study.
They also call for legal apprenticeships, which are currently being developed by the Law Society of Scotland and Skills Development Scotland, to be progressed without delay.
Focus
The committee's main focus was on what steps could be taken to widen access to qualifying as a solicitor in Scotland, and different perspectives were offered in a round table discussion on what more could be done to widen access while maintaining standards. The MSPs therefore explored what barriers currently exist that prevent equal access to legal education and training, as well as possible options for reform.
They recognise the work being undertaking by the Society, universities, schools and other organisations, such as the Lawscot Foundation and Street Law projects, to widen access to the LLB, but consider "that the Law Society has a duty to investigate what barriers exist to studying the LLB and take action, both itself and in conjunction with schools and universities, to further widen access to the LLB".
Regarding the Diploma in Professional Legal Practice, the report notes the view that the lack of full funding for students the Diploma course, or of a guaranteed training place to follow, could deter those from financially disadvantaged backgrounds, and concludes that "further consideration needs to be given to whether these are significant barriers to widening access and, if so, how these barriers could be removed. This could involve, for example, increasing student support to cover tuition fees or requiring firms to recruit trainees in advance of them undertaking the Diploma. Ensuring the availability of alternative modes of studying the Diploma, such as part-time study, could also help those who need to work to afford their studies or those with caring responsibilities".
The MSPs make no recommendation about a general qualifying exam such as is planned by the Solicitors Regulation Authority in England & Wales, but note that a consultation by the Society found strong support from the legal profession for an apprenticeship route to qualification as a solicitor in Scotland. Their report continues: "The committee notes that the Law Society and Skills Development Scotland appear to be making slow progress in introducing apprenticeships. The committee requests an update from the Law Society and Skills Development Scotland on plans to introduce apprenticeships, including proposed timescales and further detail on how this new route will widen access to legal education and training. In the committee's view, this work should be progressed by the Law Society and Skills Development Scotland without delay."
Having considered a paper by advocate Tim Haddow, a campaigner for equal access to the profession, the committee also requests "further information from the Law Society as to why the option of piloting an integrated Diploma and traineeship was not progressed, and whether this option could be revisited".
Efforts
Committee convener Margaret Mitchell MSP, commented: "Becoming a lawyer is a career that many people in Scotland aspire to achieve. The Justice Committee has been considering the pathways that exist, sought to identify possible barriers and ensure that they do not deter able, ambitious people, who do not fit into the traditional mould.
"MSPs heard that efforts to widen access are already being made by a range of organisations, including the Law Society. However, removing barriers wherever they exist should be everyone’s focus.
"Developing legal apprenticeships, which have proven successful elsewhere, could be pivotal. The committee considers that these should be introduced as soon as possible, and that other options should be kept firmly on the table in the future."
Reaction
Responding to the report, Liz Campbell, executive director of Education, Training & Qualification at the Law Society of Scotland said: "We want talented individuals who have the dream and ability to become solicitors to be able to do so, regardless of their background, which is why we’ve introduced a number of initiatives to help make that a reality. We think it’s important that there can be different ways to qualify as a solicitor. We have already been working with Skills Development Scotland on the creation of a legal apprenticeship and would very much welcome assurances on Government funding to allow this to be developed so that young people can go on to realise their ambition of becoming a solicitor.”
In a statement the Society pointed to its growing schools’ Street Law programme and the Lawscot Foundation, which is now supporting 17 students through their legal education with mentoring in addition to financial help. It continued: "The Law Society has identified existing barriers to the LLB degree and has said it is important that there is a focus on school attainment to ensure that bright, capable young people can pursue their career goals.
"Currently students from less advantaged backgrounds are equally likely to start the postgraduate legal diploma required to qualify as a solicitor as their more advantaged peers; however the Law Society has said if evidence showed financial issues were a barrier to completion it would urge the Scottish Government to offer grants for this instead of the current loan system."
It highlighted that law firms operate in a highly competitive environment and there can be fluctuations in the number of trainees and ultimately the jobs that they can offer. Students are given information throughout their studies about traineeships numbers, and the wider legal sector, to help them make informed decisions about their future.
Ms Campbell added: "We want to ensure the solicitor profession remains an attractive career option so that people can obtain high quality legal advice when they need it. It’s important that all those involved in legal education and its funding continue to work to remove any unnecessary barriers for people who would be excellent solicitors in the future."