Lords debate whether solicitor ‘super exam’ will lower quality of students’ legal education

The value of the planned new Solicitors Qualifying Examination (SQE), which all solicitors would have to pass in order to qualify, has been questioned in the House of Lords.

During a debate on professional qualifications, Lord Low of Dalston, a former law lecturer, questioned whether the government was aware of “widespread concern” that the Solicitors Regulation Authority’s (SRA) planned ‘super exam’ would lead to universities and law schools teaching solely for the exam, thus stifling the education of prospective solicitors. Justice minister Lord Keen of Elie (Richard Keen QC) played down such fears, insisting that learning solely for the exam would not be the outcome.

As the Law Gazette reports, the debate also widened to consider the SQE’s implications for access to justice, which has been overwhelmingly reduced for people of average or below-average means during the last several years of coalition and Conservative government. Lord Beecham, a Labour peer, asked: “Given the massive cuts in legal aid, the rising costs of tribunal and court proceedings, and the difficulties resulting from the consequential growth in the number of unrepresented litigants, should not any qualification programme include a requirement to provide pro bono advice and representation?” However, Keen refused to consider the issue, saying that it would ultimately be up to the Legal Services Board to decide whether to proceed with the SRA’s proposals, not the government.

On the merits of introducing the SQE, Keen commented: “We do not believe that if these proposals were taken forward it would have such a stultifying effect upon the university law schools. I observe that there are currently 110 qualifying law degree providers, 40 providers of the Graduate Diploma in Law and 26 providers of the Legal Practice Course, and no consistency of examination at the point of qualification. For example, the study of jurisprudence may not be regarded as absolutely essential to passing examinations set by the SRA, but nevertheless it is appropriate for anyone expecting to pursue a career in law.”