Exam Policies and Process

Solicitors from some jurisdictions have been granted exemptions “by right”. The exemptions by right noted below will automatically be granted and do not require a separate application.

Exemptions for solicitors, advocates and barristers in England & Wales, Northern Ireland, Ireland and Channel Islands

English and Welsh solicitors and barristers, Northern Irish solicitors and barristers, Irish solicitors and barristers and solicitors and advocates from the Channel Islands and the Isle of Man are exempt from sitting examinations in:

• public law
• obligations
• European law and institutions
• professional conduct

Exemptions for lawyers qualified in non-UK EEA jurisdictions or Switzerland

Lawyers qualified in non-UK European economic area jurisdictions or Switzerland are exempt from sitting an examination in European law and institutions.

Exemptions for lawyers qualified in common law jurisdictions

Lawyers qualified in other common law jurisdictions have the option to answer any three questions in the examination in legal system and legal method. Non-common law candidates also must answer three questions, in which one question will be compulsory.

If you believe that you are qualified in a common law jurisdiction which is not included in this list at the link above, please indicate so on your application and explain your reasons.

It is important to note that it is not sufficient to provide evidence that you have prior qualifications and/or work experience in another jurisdiction that merely relates to the subject from which you are applying for an exemption.  It is fundamental that you provide evidence that your prior qualifications and/or experience matches to the Scots law syllabus being examined. 

Even the most experienced of foreign qualified lawyers will be required to sit the Society’s QLA exams, if they cannot show that their prior qualifications and/or experience matches the Scots law syllabus being examined.  The key is whether you can show you have a relevant qualification in Scots law or have sufficient experience working in relevant areas of Scots law.  If you cannot, even where you have considerable prior experience in your home or another jurisdiction, your exemption application will likely be refused. 

Around two thirds of all exemption applications are refused.  As an example, the table below shows the number of successful applications per exam in 2023:

There is a fee associated with making an application (noted on the exemption application form) and that there is no right to have your application reconsidered where you disagree with the examiner’s assessment of your experience or qualifications.  Only where you can establish that the Law Society has not acted in accordance with its exemption guidelines will your application be reconsidered.  Applicants are asked to keep all of this in mind when considering making an application. 

Issue of paper

Exam papers will be sent to candidates, by email, 10 minutes before the scheduled start time of each exam. If you do not receive the exam paper at the start of the exam, contact exams@lawscot.org.uk or 0131 476 8105.

Format

The exam paper will be in broadly the same format as would have been supplied in an exam hall setting. It will comply with the terms of the syllabus for each subject in terms of numbers and types of question etc.

Return of exam scripts

Completed exam answers must be emailed back to the Society within 10 minutes of the scheduled finish time. Papers that are returned latter than this will be marked as a fail.

Form of submission

In principle, exam answers should be Word-processed. If you will be unable to comply with this requirement, you must arrange, in advance, to handwrite your answers and submit photos of each page within the 10-minute period allowed for this at the end of the exam. Excessively long answers should be avoided. Quality is more important than quantity. 

Writing the exam answers

As soon as you receive the exam paper, save it to your own desktop so that it will not matter if you lose internet connectivity.  Save your work frequently, and make sure that it has been saved.

Open book

While exams are being held remotely, all exams are now open book. In answering them, candidates may consult any material available to them. The questions will take some account of the fact that all materials are accessible. Do not rely on being able to find the material required during the exam. Access to materials can serve only as aide-memoire so that, for example, it may be possible to check a detail such as a case name.

Referencing and avoiding academic dishonesty

For case law and legislation, full citation is required to be stated at least once but can be shortened after that for any subsequent reference. If you quote another source directly, you must put that quotation in inverted commas and give a brief citation of the source (eg “Chalmers, (2015), p8)”.

We remind candidates that you have signed a disclaimer to avoid academic dishonesty, plagiarism and AI platforms. A copy of the disclaimer that has been signed and agreed by you can be found here.

Referencing

Full referencing (OSCOLA etc) is NOT required. You should still use supporting evidence for your points as you would in an exam. For example, ‘as the case of Smith v Smith (2018) demonstrates…’ or ‘Smith, in her book What is Law? argues that…’  If you quote another source directly, you must still put that quotation in inverted commas and give a brief citation of the source (eg “Chalmers, (2015), p 8)”.

Candidates with reasonable adjustments

Please discuss these in advance with the Law Society.

The Society’s Marking Scale and Descriptors are available on the Society’s website.

Each paper will be graded A to G. Grades A to D are passes.  Grade D3 is regarded as a borderline pass, and in certain circumstances could be cause for a candidate to sit an oral exam.

Grade E1 is regarded as a marginal fail. Where a candidate is awarded a marginal fail, the exam script may be re-marked by a second examiner with expertise in that subject, at the discretion of the Chair of the Board of Examiners.

Law Society of Scotland Exam Marking Scale

Candidates are advised in writing of results, normally within eight weeks of the exam date, but only after the results are ratified by the Convener and Vice-Convener of the Board of Examiners.

Candidates will only be provided with feedback for questions that they have failed, in a failed exam:

• Where an exam has been passed, even where a candidate has failed a question within that exam, feedback will not be provided at all.
• Where an exam has been failed but certain questions within that exam have been passed, feedback will only be provided for the questions that have been failed, not for questions that have been passed.

The Law Society has produced the following guidance on oral exams.

Oral exam policy

Occasionally, candidates will enroll in an exam and then be unable to sit that exam.  For instances where this happens, the Law Society has produced the following guidance on extenuating circumstances and reasonable cause.

Extenuating circumstances and reasonable cause policy

Use of AI-generated content is not permitted for Law Society of Scotland exams. Candidates must not submit an AI-generated answer to a question or use an AI platform as a research or audit tool, in order to answer question(s). Candidates are reminded that, when enrolling for their first exam, they will have signed a disclaimer noting this.

Even if appropriately flagged, the Law Society would view the use of AI-generated content to answer any part of an assessment or exam question as dishonest behaviour / cheating.

The Law Society has produced the following guidance on rights of appeal against exam marks.

Rights of appeal against exam marks