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The Journal

English criminal bar threatens to strike over legal aid payments
88% prepared to refuse instructions to attend court

No early changes to HSBC Scots panel despite England concession
CQS-accredited solicitors now to be accepted south of border

Bypass appellant secures protective costs order
Aberdeen appeal set for Supreme Court hearing in July

Justice Committee seeks more action on SLC reports
Letter to MacAskill proposes use of "committee bill" procedure

Celebrated appellant Cadder walks free after retrial collapses
Essential witness admits inability to identify attacker

"Deferred prosecution agreements" proposed for errant companies
UK ministers consult on new way to tackle economic crime

SLAB extends child code of practice response deadline
Move follows delay to new Children's Hearings Act

Reported hate crime on rise, says Crown Office
Race, religion and sexual orientation figures all at new highs

National Library Bill passed
Measure to modernise NLS governance set for royal assent

Salmond may get his way over referendum date
Prime Minister says "not fussed" over when poll is held

Welfare Reform Bill recommended for stage 1 approval
Committee backs measure aimed at softening blow of UK cuts

Faculty combines free services units
Free Legal Services Unit to take in Free Representation Unit

Bankruptcy changes threaten the poorest, say insolvency specialists
ICAS and R3 warn of "trap" for debtors in proposed long term agreements

LSEW cites diversity as pro-marriage conference cancelled
Organisers angered by refusal to honour premises booking

Judges rule on explaining "balance of probabilities"
No definition needed, but jury should be told that lower standard of proof

Alcohol minimum price to be set at 50p per unit
Ministers uprate 2010 45p proposal for inflation

Another £10m seized as proceeds of crime last year
£7m in confiscation orders and £3.5m civil recovery secured

Final Council places filled after poll
Ken Dalling and John Mulholland returned for Stirling, Falkirk & Alloa

Conference seeks to "embed" ADR in justice system
Society, Government and mediators join to explore potential

House price "reality gap" widening: report
Last quarter sales average 10% below asking price

FAQ

This section includes some of the frequently asked questions we receive at the Society. If you have a question that is not answered on this page please email newlawyers@lawscot.org.uk.

 

The Diploma

How long is Diploma valid? Can I extend the time?

The Diploma in Legal Practice is valid for two years from the January following its completion award, i.e. Diploma awarded June 2011, valid until end December 2013. If you still wish to pursue a traineeship you can apply for an extension to the validity of your Diploma.

You would need to submit evidence of what you have been doing to keep up-to-date with the law, any evidence of unsuccessful applications you may have made for traineeships and an up-to-date CV.

Email registrar@lawscot.org.uk to find out more about applications for extension.

 

Entrance Certificate

What is the Entrance Certificate. Why is it important?

An Entrance Certificate is the Certificate that the Society issues to all trainees prior to the commencement of their traineeship. The Certificate is important because it is granted when the Society has determined that the trainee has the relevant academic qualifications and is a fit and proper person to enter into a post-Diploma traineeship. You must have an Entrance Certificate to enter into a traineeship.

 

What do I need to do to apply for an Entrance Certificate? Where do I get the forms?

The application form and guidance notes can be downloaded from our website. You should apply for your entrance certificate at least 4 weeks before you start your training contract. You will also need to complete a Disclosure Scotland form; this is available from your university or from the Registrar's Department of the Society. Please contact registrar@lawscot.org.uk with your name and address if you would like the Society to send you a form.

  

What is my training contract number? Where can I find it?

Your Training Contract (TC) number is supplied on the lower half of your Entrance Certificate. You will require this when submitting your Quarterly Review. If you need a copy of your TC number then you can email registrar@lawscot.org.uk

 

General

I already have a degree but I’m thinking of now studying law but not sure whether to study in England or Scotland. Can you advise?

Please note it is not role of the Society to advise anyone to take a particular course of action when considering career options but we are happy to provide information so that you may make an informed decision.

It is important to remember that qualifying as a solicitor in one jurisdiction means you are generally restricted to practicing law in that jurisdiction without studying general 'conversion' exams which allow you to practice in another legal system, however many Scots qualified solicitors are working as solicitors in England and Wales without requalifying.

Recruitment consultants are probably best placed to advise you of employment opportunities for Scots Lawyers in England, with and without requalifying.

I would suggest you contact the Solicitors Regulation Authority (formerly the Law Society of England and at www.sra.org.uk as regards the requirements of either (i) requalifying in England when you are already a Scottish qualified solicitor, or (ii) embarking on conversion courses straight after the Scottish LLB and before any further period of training in Scotland has been undertaken.

As the SRA is a separate organisation and legal system I am unable to comment further as regards what they might require a person who has a Scottish LLB to do to qualify in England and Wales.

Should you decide to undertake a Scots LLB and undertake further study towards qualifying as a solicitor in England and Wales), and subsequently wish to requalify in Scotland, you would require to study for the Intra-UK Transfer Test to requalify in Scotland. Details are available on our website.

Note that it is possible to apply for exemptions from the Intra UK transfer Test, depending on previous qualifications which, as someone with a Scots Law LLB, you may be entitled to.

If you were to go to England straight after doing the LLB in Scotland, our understanding is that you would both require to undertake a conversion course and LPC/BVC, although as far as we are aware it can be possible to do these concurrently. We cannot authoritively comment on the requirements of the SRA and would recommend that you speak with them.

You will also require to speak to the Scottish Regulation Authority (formerly Law Society of England and Wales) before you are able to take a view on which route to pursue , including the straightforward option of following the entire route to qualification in England and Wales.

 

I’m still at school and interested in studying law. I am not sure what subjects I need to take in school to qualify?

People usually start studying for a law degree after finishing either S5 or S6 at school. Straight after school, you would normally study the Foundation Programme  - the LLB - for four years, then study the Diploma in Professional Legal Practice, also known as Professional Education and Training Stage 1 for 26 weeks.

Finally you complete a “traineeship” (also known as Professioanl education and Training Stage 2) for two years, which is when someone works for a firm of solicitors. After all of this, you are a qualified solicitor. More details are available on our website.

Universities are open-minded about the subjects pupils study at Standard Grade and Higher level, provided good grades are achieved and they have studied enough academic subjects. Whilst there are no set subjects apart from Higher English, some law students do feel that Modern Studies was a helpful choice at school, though it is not a pre-requisite.

There are ten Universities which offer the LLB, and I would recommend your visit our website to find out what they are so you can find out more about them. Universities are accredited by the Law Society of Scotland but courses at these ten universities are all different in their approach and way of teaching.

I would recommend you visit the universities (they often hold university open days, or law specific open days) to find out which university and course you like best, as part of the approach to choosing a law school. You might also have extra curricular interests which have an impact on what university you choose!

The Society has launched various projects to assist young people to make informed career choices. Blogs, podcasts and other projects are available on this careers website. One of such projects is the “Legal Study and Careers Event” which we hold twice yearly. Look out for details of these on the website.

Please contact careers@lawscot.org.uk if you have any further questions.

 

Is it possible to study the LLB and / or PEAT 1 part time?

Most people who wish to become solicitors in Scotland begin by studying a Bachelor of Laws (LLB) degree in Scots law. Applications to university are made through the Universities and Colleges Admissions Service (UCAS) and there are 10 universities in Scotland accredited by the Society - details can be found on our website.

Prospective students should note that a law degree from an English university will not form part of the qualification process in Scotland. Nor will a Scottish law degree be recognised by the Law Society of England and Wales as part of their qualification process.

The Foundation Programme – the LLB degree - in Scotland can be studied over two, three or four years. The single honours law degree, which is taken by the majority of students, takes four years. The ordinary degree takes three, and the accelerated ordinary degree, for those with a first degree in another discipline, takes two.

It is also an option to study law as a joint honours degree at several institutions. It is possible to undertake part-time study at certain universities and you should contact the universities to find out the options their courses hold.

The University of Edinburgh offers a part-time Diploma in Professional Legal Practice, also known as PEAT 1. If you wish to find out more about this, please contact the University of Edinburgh.

In academic session 2011/2012 Strathclyde University, in association with Central Law Training (Scotland) Limited is to offer a part-time PEAT 1 (Diploma in Professional Legal Practice). The course is to run in parallel with Strathclyde’s one-year full-time PEAT 1 course. If you wish to find out more about this option please contact the University of Strathclyde.

In the future more providers may offer this option so contact them at the time you are considering what course of action to take.

 

I am currently a trainee and will qualify soon. Can you tell me what salary I should expect upon qualification?

The Society does not prescribe salaries, this is something that is determined by market forces.

However, we are aware that recruitment consultants specialising in legal recruitment often undertake market surveys to ascertain as much as they can. To give you an indication of salaries across both different practice areas and locations in Scotland it may be worth enquiring with appropriate recruitment consultants.

Of course in the current climate the recession is affecting salaries and also the availability of jobs in Scotland and this may also have a bearing on salaries.

To find out more please contact the Secretary of the Admissions Committee at katiewood@lawscot.org.uk

 

I am considering studying to become a solicitor in Scotland, and I already have an English law degree. What do I need to do?

As a person with a previous degree you qualify for the two year accelerated LLB in Scotland rather than simply the standard three or four year degree. With an English degree only there is no fast-track route, you are viewed as any other person with a previous degree. You would require to follow this course (two year courses are self-funded), followed by the Diploma in Legal Practice and two year traineeship.

See the website for details of what courses are on offer at what universities. You should read through various parts of that website, for information on our route to qualification.

There is no previous credit having been awarded with an English LLB only. There is, however, another route you may wish to consider. If you have not followed any part of the route to qualification after the English LLB, and if you do decide to qualify in England and Wales before you become a Scottish solicitor you could do this and then study for the Intra-UK transfer test. Details of this are available on the website.

The Law Society of Scotland can not comment on the route to qualification in England and Wales and you should contact our corresponding body in England and Wales.

Many solicitors who are qualified in one jurisdiction work in the other jurisdiction and whether this in itself is possible may depend on the firm you are working for and the type of work undertaken.

If you require further details contact careers@lawscot.org.uk

 

Funding

I’m studying the LLB and hope to go and do the Diploma – are there any funding opportunities?

Whist the Law Society of Scotland does not maintain a fund which provides assistance to individual applicants, we can provide information on funds available.

Firstly we would like to draw your attention to the Pritchard Educational Trust. This Trust was established to assist those who are unable to qualify as solicitors, but who, through financial constraints are unable to do so.

Preference is likely to be given to students embarking on the Diploma in Legal Practice, but no student is precluded from applying. Applications usually open in December and close in late June. Please visit the website to download the application at the relevant time.

Secondly, please also visit the above website and visit the section entitled ‘Grants and Trusts. There you will find information on other funding opportunities which may apply to you.

If you require further details contact legaleduc@lawscot.org.uk

 

Changes to the Route to Qualification

I’ve heard the route to qualification as a solicitor in Scotland is changing. What will the new route to qualification be?

Over the last three years, legal education and training in Scotland has undergone a major review.

This answer below summarises the changes to  the way solicitors are educated, and trained in Scotland. For more comprehensive information on the policy of education and training visit the Society’s website.

 

Studying Scots law

Scots law (the LLB) can be studied as a first degree in 10 higher education institutions in Scotland. This can take two, three or, more commonly, four years. The single honours law degree, which is taken by the majority of students, takes four years.

The ordinary degree takes three, and the accelerated ordinary degree, for those with a first degree in another discipline, takes two. It is also possible to study law as a joint honours degree at several institutions.

For those who do not wish to obtain an LLB Degree, an alternative route to qualification exists. This involves entering into a three year pre-diploma training contract with a Scottish solicitor and studying for the Society’s professional exams.

It should be noted that people who take this alternative route are still required to obtain a Diploma in Legal Practice and to undertake a two-year post-Diploma traineeship. This route was reviewed and there is a commitment to retain it until a replacement can be found.

However, it is likely that within the next few years the emphasis of the Pre-Diploma Training Contract will change significantly to reflect changes elsewhere on the route to qualification. It is likely that these changes will be coupled with other flexible options for entrance to the solicitors’ profession. 

In Scotland, there is no equivalent to England and Wales’ law conversion course.

 

Moving towards Professional Education and Training

 

The Current Situation

At present, there two post-graduate stages of legal education and training – the Diploma in Legal Practice and the traineeship.

The Diploma in Legal Practice (Diploma) is a 26-week course which can be taken at seven institutions in Scotland and is designed to teach the practical knowledge and skills necessary for the working life of a solicitor.

The final stage in the route to qualification is the ‘traineeship’. This is a two-year period working in a solicitor’s firm, Crown Office or for another organisation employing solicitors.

Currently, admission to the Dip LP course is based on performance in the first sitting of ‘core’ or ‘professional’ subjects, which are studied in the first two/three years of the LLB. The introduction of PEAT 1 to replace the Dip LP means that entry selection criteria and process for entry to the PEAT 1 stage will be reviewed in due course. The Law Society of Scotland’s website will continue to detail these changes as they happen.

 

From September 2011

From September 2011, the present LLB will be replaced with a new ‘Foundation Programme’ which will be offered at the same level as the LLB, with the benefits of more flexibility in the programme to deliver subjects required for entry to the solicitors’ profession.

The post-graduate stages of legal education – the Diploma in Legal Practice (the vocational stage) and the traineeship (the work-based stage) will see significant changes. The Law Society of Scotland is introducing Professional Education and Training or PEAT.

The first stage, the vocational element (PEAT 1) will replace the Diploma in Legal Practice. This will incorporate the reserved areas but also, for the first time, allow electives to be offered. Up to 50% of the content of PEAT 1 will be elective meaning that for the first time students will have a real choice regarding the areas of law they might wish to practice in.

To ensure linking between the vocational and work-based stage, the Society is introducing common outcomes which span both stages. This means that those graduating from PEAT 1 all meet a defined minimum standard that training firms can rely upon.

PEAT 2, the work-based or in-office stage of the route to qualification, shares the outcomes of PEAT 1 but this is where the knowledge, skills, attitudes and values taught in PEAT 1 are honed in the working environment.

This new framework for legal education and training for the future (i) will produce newly qualified solicitors who are educated and trained to the highest possible standard; (ii) can be delivered by the academic and training communities, and (iii) is suitable for Scotland and the Scottish legal services market.

In order to fully understand the changes being made to the route to qualification in Scotland, the current routes to qualification and options are explained here the changes resulting from the major review of legal education and training are outlined below and will be implemented from 2011. Keep checking the sources quoted for up-to-date information.

 

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