QLTT becomes QLTS

The Qualified Lawyers Transfer Scheme (QLTS) is a system run by the Solicitors Regulation Authority (SRA) whereby lawyers from foreign jurisdictions can qualify as solicitors in England and Wales. The SRA estimates that in 2009 some 25% of registered solicitors in England and Wales have entered the profession via such an alternative route, so this is an important means of becoming an English lawyer.

The QLTS replaced the QLTT (Qualified Lawyers Transfer Test) on 1 September 2010. It’s more than a simple name-change: the QLTS is a completely new system based on an extensive consultation and impact assessment by the SRA. Below we’ll give you an overview of the changes implemented as well as a blow-by-blow account of the new system.

The old system

For those unfamiliar with the QLTT - and what it was for - here is a brief run-down of how the old system worked:

• The QLTT was aimed at lawyers from outside England and Wales - including Ireland and Scotland - as well as English and Welsh barristers. It allowed both groups to qualify as solicitors without taking an LPC or completing a (full) training contract.
• Foreign lawyers and barrister would apply to the SRA for a certificate of eligibility. The certificate states which elements of the QLTT they must pass and any requirements for further training.
• The QLTT consisted of four papers: property; litigation; professional conduct and accounts; and the principles of common law. Depending on past work experience applicants were at times exempt from one or all of these.
• In addition to this non-EU lawyers were required to show they had two years’ experience working in a common law jurisdiction. One of those years had to be with a firm regulated by the SRA or working in a position under a qualified English solicitor.
• All candidates also needed to obtain a Criminal Record Bureau (CRB) check as well as passing and fulfilling certain standard character and suitability criteria.
• Five institutions (including the College of Law and BPP) were authorised to administer the QLTT. Some providers offered an accompanying course in advance, but these were not obligatory.

Changes to the system

According to the SRA, the QLTS is ‘designed to ensure that all solicitors in England and Wales have achieved the same standards of skills and knowledge, as those who have qualified via the domestic route.’ The overhaul was also carried out reflect increased regulation contained in the Legal Services Act 2007 and to make the testing of foreign lawyers tighter and more thorough. The QLTS is also designed to ensure that candidates can no longer repeat the test an unlimited number of times.

These are the major changes that the introduction of the QLTS entailed:

• BPTC graduates can no longer use the system to qualify as a solicitor. To be eligible for the QLTS barristers must have completed a pupillage. BPTC graduates will need to take the LPC in order to become a solicitor. The SRA says it is looking into ways in which exemptions might be granted for certain parts of the LPC.
• The QLTS replaces the QLTT’s experience requirements with competency assessments.
• The SRA has appointed Kaplan Law School as the sole provider of these assessments for a three-year period. Kaplan is to charge a whopping £3,230 for the service, compared to the £800 cost of the QLTT.
• The QLTS regulations prohibit Kaplan from offering preparatory training for the assessments. Other providers will still provide preparatory training for the QLTS tests; they include BPP, Central Law Training and the College of Law. 

The QLTS

The QLTS process looks like this:

• First, applicants need to check whether the country they are qualified in is is regarded as a recognised jurisdiction by the SRA. They also need to check that they count as a qualified lawyer under SRA guidelines: that they have rights of audience; that they are an officer of the court; and that they have had generalist (non-specialist and non-fast-track) legal education and training.
• Applicants then apply for a certificate of eligibility from the SRA. The certificate is valid for a five-year period.
• The process then differs for applicants from the European Economic Area (the EU plus Iceland, Liechtenstein and Norway) and those from other foreign jurisdictions (termed ‘international applicants’).
• All international applicants are required to complete the QLTS assessments. Like ancient Gaul, the assessment is divided into three parts: Part one: a multiple-choice test which covers ten areas: legal institutions; constitutional law and judicial review; professional conduct; regulatory and fiscal frameworks; contract law; torts; criminal law; equitable rights; human rights; and business structures and legal personality. Part two: a practical examination to test interviewing and advocacy skills. These practical skills are tested on the basis of three practice areas: business law; civil and criminal litigation; and property and probate law. Part three: a test of technical legal skills such as legal research, drafting and writing.
• Applicants need to pass part one before progressing to parts two and three. Parts two and three can be taken in any order. Applicants can take three attempts at each part. If you fail any part three times, you have to wait for your five-year certificate of eligibility to expire. You can then reapply for a certificate and try the test again. Full information on the content of Kaplan’s assessments is available on its website.
• Non-EEA applicants also need to evidence that they have adequate knowledge of the English language, usually through an external test.
• EEA and UK lawyers will be individually assessed on the basis of the QLTS’s competency requirements. If they can demonstrate through prior work experience that they meet these requirements, they do not need to complete the QLTS assessments and can apply directly for admission as a solicitor. If EEA and UK applicants do not meet one or more of the competency requirements, they will need to complete one or more of the assessments.
• All candidates also still need to obtain a CRB check and fulfil the character and suitability criteria as mentioned above.

The SRA’s website provides a lot more information on the assessments, qualifying jurisdictions and the QLTS in general.

Like any new system, the QLTS is not immune from teething problems. The SRA’s approach to assessing the eligibility of recognised jurisdictions has seen India, Canada and New York excluded from the list. Regulatory authorities in these jurisdictions failed to return the SRA’s survey in time and were therefore not been assessed for eligibility. The SRA has promised that the list will be expanded, but it is left up to lawyers in overseas jurisdictions to make this happen. The SRA website states: ‘If your jurisdiction or qualification is not recognised, contact your home bar or law society and find out if they have applied to us for recognition. If they have not applied, they should contact us and request a survey.’

The QLTS is clearly a more thorough system than the QLTT. But the system is new and untested, so keep an eye out for any changes which might be made to it in the (near) future.