Exam Policies and Process

The Law Society has produced the following guidance on applications for exemptions from exams.

Guidance on exemption applications

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. 

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

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

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

Rights of appeal against exam marks

The Law Society has produced the following guidance on the submission of late exam answers.

Policy On Late Submission Of Exam Answers

Download Policy On Late Submission Of Exam Answers File

The Law Society has produced the following guidance on cheating and collusion.

Policy On Cheating And Collusion

Download Policy On Cheating And Collusion File