1. Justice as access to the legal profession. “I’m still a waitress. With an LLB. And trying to get an internship, trying to get even just to volunteer! I’ve asked; I’m willing to do unpaid work, I just want to get in.” [LETR data]

2. ...encouraging an independent, strong, diverse and effective legal profession (Legal Services Act 2007, s 1) –“ …most trainees look like the cast of Hollyoaks: you know they’re all young and beautiful.” [LETR data] –“…it’s a big waste of time me sitting doing application forms this year, and last year as I did it the final year of my LLB, when you’re not going to get anywhere because they’ll always pick the more experienced person” [LETR data] –“I have to work full time because I have to pay rent and support my daughter. So if I have to do a vacation scheme, I have to take 2 weeks holidays from my job … that’s 2 weeks holidays I can’t take to spend with my daughter...” [LETR data] 12 June 2016

3. 3 Barristers, costs lawyers, legal executives, licensed conveyancers, notaries, patent attorneys, registered trade mark attorneys and solicitors … and paralegals, legal secretaries, barristers’ clerks …. Advocates, solicitors, notaries, patent attorneys, registered trade mark attorneys and regulated paralegals Barristers, patent attorneys, registered trade mark attorneys, solicitors. Advocates Advocates, solicitors (Jersey); advocates (Guernsey)

4. Scottish solicitor Scottish advocate NI solicitor NI barrister Isle of Man Jersey solicitor Jersey advocate Guernsey LLBScots law/ 3 years plus exams Rec’d law degree LLB/ GDL Qualify elsewhere Voc’nal course Dip Profess’al Practice Course in parallel with 2 year training contract Diploma in Profess’al Legal Studies LPC or BPTC Jersey Law course and exams during 2- 3 years practice Certificat d’Etudes Juridiques Françaises et Normandes Practice2 years 1 year2 yearsGuernsey Bar exams before or after 6-12 months pupillage Bar exam Faculty of Advocates exams Manx Bar exams Practice8-9 months3 years 12 June 20164

5. AND YOU THOUGHT THAT WAS COMPLICATED … “ …there’s girls [at my university] with handbags that cost more than my rent.” [LETR data] 12 June 2016

6. England and Wales

7. Based on a law degree –Solicitors (plus LPC, plus training contract) –Barristers (plus BPTC, plus pupillage) (At least one) degree required and possible credit for a law degree –Patent attorneys –Registered trade mark attorneys –Notaries A degree not required (but you might get credit if you have one) –Chartered Legal Executive –Costs lawyer –Licensed conveyancer/CLC probate practitioner 12 June 20167

8. PARALEGAL PURGATORY Q: “Your CV looks good, but you don’t speak enough languages. You haven’t travelled... A: I can’t afford to travel places, I’m trying to pay debts? … I’m sorry I couldn’t go to Cambodia.” [LETR data] “ Loads of the firms now are actually [requiring] unpaid work …for the long run of like 6 months before they even offer you a paralegal role …They call it “internships” and they’re taking on graduates, people with law degrees who have paid the fees for a 3 or 4 year course and are going into voluntary unpaid work. And this benefits only the middle-class people, because as a person from a working background, you need to live.” [LETR data] 12 June 2016

9. Workbased learning pilot LPC graduates In employment/volunteering With a suitable legal workload And a solicitor to supervise (could be outside the organization) And an NLS reviewer to support, advise and assess Portfolio against 37 outcomes 44 people, in local government, law firms, accountancy firms, other organisations and a barristers’ chambers, transitioned to qualification. 9 12 June 2016

10. Legal Education and Training Review Webb J and others, ‘Setting Standards: The Future of Legal Services Education and Training Regulation in England and Wales’ (2013)

11. The LETR research questions 12 June 2016 1. What are the skills/knowledge/experience currently required by the legal services sector? 2. What skills/knowledge/experience will be required by the legal services sector in 2020? 3. What kind of legal services education and training (LSET) system(s) will deliver the regulatory objectives of the Legal Services Act? 4. What kind of LSET system(s) will promote flexibility, social mobility and diversity? 5. What will be required to ensure the responsiveness of the LSET system to emerging needs? 6. What scope is there to move towards sector-wide outcomes/activity- based regulation? 7. What need is there (if any) for extension of regulation to currently non-regulated groups?

12. Recommendation 1 Learning outcomes should be prescribed for the knowledge, skills and attributes expected of a competent member of each of the regulated professions. … Recommendation 2 Such guidance should require education and training providers to have appropriate methods in place for setting standards in assessment to ensure that students or trainees have achieved the outcomes prescribed. Recommendation 3 Learning outcomes for prescribed qualification routes into the regulated professions should be based on occupational analysis of the range of knowledge, skills and attributes required. They should begin with a set of ‘day one’ learning outcomes that must be achieved before trainees can receive authorisation to practise. These learning outcomes could be cascaded downwards, as appropriate, to outcomes for different initial stages or levels of LSET. … 12 June 201612

13. AND WHAT HAS HAPPENED SINCE? “I would have loved to have gone into legal aid or human rights work, but the placements, and jobs, are usually unpaid. I therefore applied for commercial vac schemes” (Junior Lawyers Division, 2014) 12 June 201613

14. The Legal Services Board Over time we expect regulators to have in place regulatory arrangements for education and training that deliver the following outcomes: Education and training requirements focus on what an individual must know, understand and be able to do at the point of authorisation Providers of education and training have the flexibility to determine how to deliver training, education and experience that meets the outcomes required Standards are set that find the right balance between what is required at the point of authorisation and what can be fulfilled through ongoing competency requirements Regulators successfully balance obligations for education and training between the individual and the entity both at the point of entry and on an ongoing basis Regulators place no inappropriate direct or indirect restrictions on the numbers entering the profession 1412 June 2016

15. Bar Standards Board Plans: –Developing a competency framework for barristers –Aligning the Bar Training Regulations (BTRs) to modern regulatory standards –Establishing an outcomes-focused approach to continuing professional development –Sharing data to support our regulatory objectives in education & training –Improving access routes to the profession –Collaborative development of Academic Stage regulation Consulting on a competence statement “Assessing” alternatives to a graduate route Possible flexibility and freeing up of the BPTC from 2017, if focus is on outcomes “We are not convinced there is a need for us to prescribe the structure of pupillage” – consultation planned Piloting a non-hours based CPD approach 1512 June 2016

16. Recommendation 14 LSET structures which allow different levels or stages (in particular formal education and periods of supervised practice) to take place concurrently should be encouraged where they do not already exist. It should not be mandated. Sequential LSET structures, where formal education is completed before starting supervised practice, should also be permitted where appropriate. In either case, consistency between what is learned in formal education and what is learned in the workplace is encouraged, and facilitated by the setting of ‘day one’ outcomes. Recommendation 15 Definitions of minimum or normal periods of supervised practice should be reviewed in order to ensure that individuals are able to qualify or proceed into independent practice at the point of satisfying the required day one outcomes. Arrangements for periods of supervised practice should also be reviewed to remove unnecessary restrictions on training environments and organisations and to facilitate additional opportunities for qualification or independent practice. 12 June 201616

17. Solicitors Regulation Authority 12 June 201617 “Bonfire of the Regulations”

18. Solicitors Regulation Authority Training for tomorrow Qualification stage: –Competence statement –Consultation on a (possibly centralised) assessment Implications for LLB/GDL; LPC, training contract –“Equivalent means” to bypass any of the three stages –Apprenticeships Post qualification –Competence statement now in place for qualified solicitors –Non-hours based CPD model adopted 12 June 201618

19. Equivalent means “... the burden should be on the regulator, adopting a risk- based approach, to identify why a proposed route should not be permitted if the relevant learning outcomes can be achieved. This can lead to multiple routes to achieving the same outcomes.” (Webb et al) 2.2 We may admit you as a solicitor if you have completed all or any part of 2.1(a) [academic stage] or (b) [vocational stage, including period of recognised training] by equivalent means. 2.3Where 2.2 applies you must apply to us in writing in the prescribed form and support your application with such evidence as we consider necessary.

20. School-leaver apprenticeship routes Recommendation 21 Work should proceed to develop higher apprenticeship qualifications at levels 5-7 as part of an additional non-graduate pathway into the regulated professions, but the quality and diversity effects of such pathways should be monitored. But: –67% of apprentices nationally already employees –Only 35% of apprenticeships are at levels 3 and 4 –42% of apprentices are over 25 (7% of the applicants) (Local Government Association, 2015) 12 June 201620

21. Attempts to define and accredit the paralegal role Scottish registered paralegals Recommendation 22 …To ensure consistency and enhance opportunities for career progression and mobility within paralegal work, the development of a single voluntary system of certification/licensing for paralegal staff should also be considered, based on a common set of paralegal outcomes and standards. CILEX –Junior membership grades –Paralegal enquiry National Association of Licensed Paralegals and Institute of Paralegals –Professional Paralegal Register Smaller professions – licensed conveyancers/CLC regulated probate practitioners Outliers – APIL, MASS 12 June 201621

22. The rise and rise of the legal executive “Figures revealed last month by the Central Applications Board admissions service showed that the number of applications for the LPC’s 2014/15 session have decreased by 10% compared to the previous year, however, the number of applications for CILEx’s specialised graduate programme has increased by 32% during the same period.” (August 2014) 12 June 201622

23. ….when I started thinking about oh I could be a lawyer when I was finishing my GCSEs and picking my A levels, I didn’t know about solicitor and barrister and it was only through asking people that I found that out. And obviously the people who I knew were teachers they didn’t know anything about CILEx or any other structures that there are …. [LETR data] 12 June 201623

24. England and Wales

25. Bar Standards Board, ‘Future Bar Training’ Chartered Institute of Legal Executives, ‘Apprenticeships in Legal Services’ Chartered Institute of Legal Executives, ‘Infographic’ Chartered Institute of Legal Executives, Paralegal Enquiry (16 June 2014) Chartered Institute of Legal Executives Institute of Paralegals, The Professional Paralegal Register (No date) Institute of Paralegals Junior Lawyers Division, ‘Early Career Work Experience Survey’ (Law Society of England and Wales, 2014) 1 Law Society of Scotland, Registered Paralegal Scheme Law Society of Scotland Legal Services Act 2007 Legal Services Board, ‘Guidance on Regulatory Arrangements for Education and Training Issued under Section 162 of the Legal Services Act 2007’ http://www.legalservicesboard.org.uk/what_we_do/consultations/closed/pdf/20140304_LSB_Education_And_Training_Guidance_2.pdf http://www.legalservicesboard.org.uk/what_we_do/consultations/closed/pdf/20140304_LSB_Education_And_Training_Guidance_2.pdf Legal Services Board, ‘Increasing Flexibility in Legal Education and Training’ Local Government Association, LGA Responds to IPPR Apprenticeships Research (24 May 2015) Local Government Association Simmons, Richard, ‘Training: Paralegal Purgatory’ The Lawyer, 24 March 2014 Skills for Justice, Route Maps of Entry Legal Profession Skills for Justice Skills for Justice, The Apprentice Perspective - Higher Apprenticeship in Legal Services (2015) Solicitors Regulation Authority, Equivalent Means Information Pack (July 2014) Solicitors Regulation Authority, Training for Tomorrow (2013) Solicitors Regulation Authority Webb, Julian et al, ‘Legal Education and Training Review Research Phase Literature Review’ (Legal Education and Training Review, 2013) Webb, Julian et al, ‘Setting Standards: The Future of Legal Services Education and Training Regulation in England and Wales’ (Legal Education and Training Review, 2013) http://letr.org.uk/the-report/index.htmlhttp://letr.org.uk/the-report/index.html 12 June 201625

26. Jane Ching Professor of Professional Legal Education, Nottingham Law School, NTU Jane.ching@ntu.ac.uk 12 June 201626