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Charity talks to Sallyann Mellor, SQE Private Tutor and Preparatory Course Provider about the SQE Review -from a Tutor’s viewpoint.
In December 2024, The Solicitors Regulation Authority (SRA) commissioned the IFF, a social and market research agency, to conduct an independent review on the premise of evaluating whether the Solicitors Qualifying Examination (SQE) is achieving its objectives.
As a tutor what is your general view of the SQE as a route to qualification?
The Solicitors' Qualifying Examination (SQE) has potential as a standardised route to qualifying as a solicitor. Its focus on practical skills and flexibility in gaining qualifying work experience are steps in the right direction. However, the process has challenges, including its intensity, high costs, and the broad scope of content, which can be overwhelming for candidates. These factors, combined with concerns about fairness and support, highlight areas that need improvement to ensure it serves as an effective and inclusive qualification pathway.
How does the SQE fare in contrast with completing the LPC, GDL or traditional LLB law degree?
The Solicitors' Qualifying Examination (SQE) differs significantly from the traditional routes like the Legal Practice Course (LPC), Graduate Diploma in Law (GDL), and LLB law degree. With the LPC being phased out by 31 December 2032, the SQE has become the primary pathway for most aspiring solicitors.
SQE is a centralised, qualification process that evaluates legal knowledge (SQE1) and practical skills (SQE2).
It emphasises flexibility, with Qualifying Work Experience (QWE) replacing the traditional training contract.
Accessibility: Open to graduates of any discipline, making it an inclusive route into the profession, however the distinct costs involved in sitting or resitting the exams are making this questionable.
Cost: Aims to be more affordable than the LPC, though the combination of exam fees and preparation courses can still be substantial.
Flexibility: QWE can be completed in multiple legal settings, offering a more practical and adaptable approach compared to the rigid training contract requirement.
LPC (Phasing Out by 2032)
Combines academic study and practical training, traditionally requiring candidates to secure a formal training contract to qualify.
Accessibility: Requires a qualifying law degree (LLB) or completion of the GDL for non-law graduates.
Cost: Generally more expensive than the SQE, with fees often exceeding £15,000.
Structure: Fixed pathways with limited flexibility, which may not suit all candidates.
Transition Status: The LPC will no longer be available after 31 December 2032, but candidates meeting transitional criteria may still qualify through this route.
GDL
A conversion course providing foundational legal knowledge equivalent to an LLB for non-law graduates.
Accessibility: Designed for graduates in other disciplines who wish to pursue legal careers.
Cost: Adds financial and time costs for non-law graduates aiming to qualify through the LPC or SQE.
Future: Primarily relevant for those pursuing the LPC, which is being phased out, but may adapt to complement the SQE pathway.
LLB Law Degree
A traditional undergraduate degree that offers a comprehensive legal education and acts as a foundation for further qualification.
Accessibility: A common starting point for aspiring solicitors, though additional qualifications (LPC or SQE) are required to practice.
Cost: Standard university tuition fees for a three-year program, which vary by institution.
Key Differences
1. Flexibility: The SQE offers a modular and flexible route compared to the structured LPC and GDL pathways.
2. Inclusivity: Open to candidates with any degree, the SQE fosters accessibility and diversity in the legal profession.
3. Transition: With the LPC being phased out by 2032, the SQE represents the future of solicitor qualification.
4. Training Contract vs QWE: The SQE's QWE replaces the LPC’s rigid training contract, allowing candidates to gain experience across various legal settings.
The SQE marks a shift toward a modernized and standardized qualification framework, though it has its challenges. It provides candidates with greater flexibility but requires careful preparation to navigate its rigorous assessment format.
There seem to be concerns about the pass rate (in particular for the SQE1 assessments).
For example, in October 2024, the pass rate hit an all time low of 44%.
What do you think are the contributing factors? and
The SQE1 pass rate dropping to a record low of 44% in October 2024 has raised questions about the underlying causes.
Possible contributing factors include:
Increased Complexity of the Exam: SQE1 demands a comprehensive understanding of various areas of law. Candidates are still acclimating to the exam's rigorous and unique structure, including the "single best answer" format, which can feel subjective and unfamiliar to many.
Preparation and Time Constraints: There is a perception that candidates supported by preparation providers are more likely to succeed. However, this one-size-fits-all approach does not account for individual learning needs. For instance, rigid online programs with limited one-on-one support can be especially challenging for students whose first language is not English. Additionally, the intricate nature of the UK's legal system requires significant time and effort to master, which some candidates may struggle to articulate
Challenges for First-Time Test-Takers: Although first-time candidates fared slightly better, achieving a 48% pass rate, the overall difficulty of the exam remains a substantial hurdle.
Wide Range of Content: The two parts of SQE1, FLK1 and FLK2, encompass a vast array of legal topics. Candidates may find some areas disproportionately difficult, depending on their background or level of prior exposure to specific subjects.
Additionally, there is a persistent attainment gap issue (differential outcomes by ethnicity-specifically impacting black candidates.
To date the causes have yet to be identified and no solutions established.
What do you think could be causing this “persistent issue”? and
The attainment gap, particularly affecting Black candidates, is a deeply concerning issue. Data shows that white candidates consistently outperform Black, Asian, and minority ethnic candidates.
Possible causes include:
Systemic Inequalities: Broader societal and educational disparities may contribute to differences in preparedness and confidence levels.
Cultural Bias in Assessments: Despite efforts to eliminate bias, subtle cultural differences in question framing or context may disadvantage some candidates.
Access to Resources: Candidates from underrepresented groups may have less access to high-quality preparatory materials or mentorship.
What solutions would you as a tutor suggest to remedy this?
As a tutor, here are some strategies I’d suggest to address these challenges:
Enhanced Preparation Support: Provide targeted 121 academic support to help candidates navigate the exam’s demands. This is something I offer my students with my preparation courses. All my students receive weekly 121 academic support for up to 1 hour for the duration of their course. The hour is spent going through areas students are struggling with specifically, they are also given access to workshops providing additional academic support and 121 exam strategy guidance.
Mentorship Programs: Pair candidates with mentors who can offer guidance, encouragement, and insights into the profession.
Addressing Bias: Work with exam providers to ensure questions are culturally neutral and inclusive.
Research and Data Analysis: Conduct in-depth studies to identify specific barriers faced by underrepresented groups and develop evidence-based interventions.
Community Building: Foster a supportive learning environment where candidates can share resources, experiences, and strategies.
These are complex issues, but with a collaborative effort from educators, exam providers, and the legal profession, progress is achievable
What do you perceive to be the positive aspects of the SQE? and
Standardisation of Qualification: The SQE introduces a unified framework for assessing all aspiring solicitors, ensuring consistency in the qualification process across the legal profession.
Accessibility: By replacing the Legal Practice Course (LPC), the SQE aims to provide a potentially more accessible route to qualification, particularly by removing the upfront requirement of significant financial investment in the LPC.
Focus on Core Competence: The examination seeks to test essential legal knowledge and practical skills, ensuring that qualified solicitors possess the foundational competence needed in their profession.
Diversity of Entry Routes: The SQE supports flexible qualification routes, allowing candidates from non-traditional legal backgrounds to progress through apprenticeships or qualifying work experience.
Emphasis on Practical Skills: SQE2, in particular, focuses on practical legal skills like client interviews, advocacy, and drafting, aligning with real-world professional requirements.
The negative aspects of the SQE?
Unrealistic Exam Conditions: The format and randomness of the exam questions create stress and uncertainty, often feeling disconnected from practical legal work.
Overly Broad Scope: The requirement to study a vast range of legal topics, regardless of specialisation, may be inefficient for experienced professionals focusing on specific areas of law.
High Cost of Resits: The financial burden of resitting entire exams, especially when improvement is needed in only specific areas, disproportionately impacts candidates and limits social mobility.
Subjectivity in Marking: Despite claims of uniformity, the subjective nature of marking can lead to inconsistencies, undermining confidence in the fairness of assessments.
Lack of Empathy and Understanding: Those trained under previous systems often struggle to empathise with candidates, leading to feelings of isolation and additional stress.
Health Impacts: The demanding nature of the SQE process has been linked to significant mental and physical health challenges, including anxiety, chronic fatigue, and stress-related conditions.
Barriers to Diversity: The system inadvertently disadvantages individuals with personal challenges, such as family responsibilities or chronic health conditions, reducing diversity in the legal profession.
As a tutor, what advice and guidance would you give to those wishing to qualify through the SQE route?
As a tutor, my role would be to equip candidates with strategies, resources, and support to successfully navigate the SQE.
Here’s my advice for those embarking on this journey:
Preparation and Planning
1. Understand the Structure:
Familiarise yourself with the SQE's structure, including the content and format of SQE1 (multiple-choice questions) and SQE2 (practical legal skills).
Review the assessment specification to identify key areas to focus on.
2. Create a Study Plan:
Develop a clear and realistic study schedule that allocates time to all required areas while balancing other commitments.
Use modular learning to break down broad topics into manageable segments.
3. Prioritise Weak Areas:
o Focus on areas where you feel less confident or lack experience, ensuring a well-rounded preparation.
Study Resources
1. Choose the Right Materials:
Invest in comprehensive, up-to-date study materials specifically designed for the SQE.
Use a mix of textbooks, online platforms, and practice exams.
2. Engage with Practice Questions:
Practice multiple-choice questions for SQE1 to build familiarity with the question format and test your understanding.
For SQE2, practice skills such as client interviews, legal drafting, and advocacy.
3. Mock Exams:
Regularly attempt timed mock exams to replicate exam conditions and manage time effectively.
Mental Health and Well-being
1. Take Care of Yourself:
Prioritise self-care, including regular exercise, a balanced diet, and sufficient sleep.
Practice stress management techniques, such as mindfulness or meditation, to stay focused and calm.
2. Seek Support:
Reach out to tutors, mentors, or peers for guidance and encouragement when needed.
Don’t hesitate to access professional mental health resources if the pressure feels overwhelming.
What aspects of the SQE do you think could be improved to enable the SRA to achieve its goal of advancing social mobility in the legal profession? And
To advance social mobility in the legal profession, here are some aspects of the SQE that could be improved:
Reduce Financial Barriers
Affordable Resits: Implement a modular resit system so candidates only retake sections they fail, minimising costs and making the process less financially burdensome.
Financial Support: Offer grants, bursaries, or subsidised fees for candidates from disadvantaged backgrounds to ensure affordability. Flexible payment options for fees could also ease the financial strain.
Increase Accessibility
Flexible Exam Options: Provide more testing centres in diverse geographical locations and allow remote examination options to accommodate candidates who cannot travel.
Reasonable Adjustments: Ensure that candidates with disabilities or health issues have access to necessary accommodations, aligning with the principles of inclusivity.
What feasible steps does the SRA need to take to ensure they achieve this?
Focus on Practical and Relevant Skills
Specialisation Focus: Allow candidates to focus on specific areas of law that align with their intended practice, reducing the need to master unrelated fields.
Skills-Based Assessment: Emphasise real-world, practical legal skills over theoretical knowledge to better reflect workplace requirements and provide value to candidates.
Standardise Marking
Objective Criteria: Introduce transparent, standardised marking schemes to reduce subjectivity and inconsistency, ensuring candidates are assessed fairly, regardless of their background.
External Review: Conduct regular reviews of assessment practices to ensure fairness and alignment with the SRA’s goal of social mobility.
Sallyann Mellor
SQE Private Tutor and Preparatory Course Provider
Mellor SQE Preparation Courses/Tutor and Coaching Services
https://www.linkedin.com/in/sallyann-mellor-422353260/
April 2025
Interviewed by Charity Mafuba
Commissioning Editor,
Solicitor (England and Wales), New York Attorney