The following is an update provided by Beth Quinn, Key Account Manager at the Law Society for members of Liverpool Law Society
SIF
We have been clear as an organisation that we are opposed to the potential closure of SIF and have now prepared a draft response outlining the main points the Law Society is considering making in response to the SRA’s consultation on SIF/PSYROC.
Our draft response has been shared in confidence with you via the Local Law Society Bulletin (distributed on 21 January) to assist you with your own responses to the SRA consultation. We also have available on our website a short template response to help our wider membership respond.
In summary, we are concerned that any decision by the SRA to close SIF and terminate PSYROC as a regulatory arrangement would not address the practical alternatives suggested by analysts who provided their expert report. It would also be bad for consumers whose interests the SRA is under a statutory duty to promote and protect. We believe the SRA’s regulatory objectives and the regulatory principles would be better served through a continuation of the SIF, funded through an annual levy on law firms.
As previously mentioned, we are encouraging members, firms and local law societies to respond to the consultation (which closes on Tuesday 15 February). This is to ensure that the SRA receives a widespread, impactful, response.
Find out more about the consultation on the future of SIF and PSYROC
Download the template response
SQE
In November 2021, over 1000 candidates (including 27 solicitor apprentices) took the first-ever Solicitors Qualifying Exam (SQE) – SQE1. The candidates received their results a few weeks ago, and the Solicitors Regulation Authority (SRA) has revealed an overall pass rate of 53%.
The SQE1 assessment is made up of two parts – Functioning Legal Knowledge (FLK) 1 and FLK2 – which candidates are required to pass in order to pass the SQE1 overall.
Of the 1,090 candidates that took the SQE1 in November, 683 were women, 376 were men and 25 preferred not to say – the SRA reported no difference between the pass rates (54%) of men and women. That said, there was a reported difference between the pass rates of white candidates (464) compared to candidates of colour. According to the SRA’s report, the percentage from each group that passed is as follows:
- White candidates – 66%;
- Asian/Asian British – 43%;
- Black/Black British – 39%;
- Mixed/multiple ethnic groups – 58%; and
- other ethnic groups – 41%.
There has been continued coverage of the pass-rate disparity between white candidates and candidates of colour, and the Law Society has welcomed the news that the SRA has commissioned in-depth research so it can better understand the causes of differential attainment in legal qualifications.
Research will be conducted by the University of Exeter, and the SRA will continue to monitor and report on performance by candidates by ethnicity after each assessment. The SRA have noted that one of the benefits of the SQE is the rich dataset that it will provide over time to help explore this issue. They have said that they will provide more detailed analysis across a number of assessments in Kaplan’s annual report, the first of which will be published in 2023.
>First SQE assessment results and breakdown of available data
Undertakings
Following the Supreme Court decision on solicitors’ undertakings last year we have been considering its implications and have been engaging with the SRA to fully understand the potential impact. We convened a meeting with members who are experts in the topic, which proved useful, and are now in the process of developing a Practice Note on undertakings which will include a section on the Harcus decision.
At present I do not have a timeline for when this will be published but shall let you know any developments when possible.
In the meantime, we have commissioned a blog from Iain Miller (Kingsley Napley) offering practical solutions to address potential risks and we also have an article by John Gould, a regulatory lawyer, on undertakings that was published in the Gazette and on our website.
Digital community for Local Law Societies
I wanted to flag the Law Society’s plans for a digital community for Local Law Societies.
A year or so ago, a revised approach for engaging with Local Law Societies was created after consultation with you and other Local Law Societies in England and Wales. As a result, 7 commitments were established, 6 of which have been progressed and are underway. The seventh, a digital community, is now being created.
The platform will be along the same vein as our digital community for small firms, which was launched in 2020 and has been positively received by our members. It is a dedicated community where small firm practitioners can ask burning questions, provide tips for their peers, raise topics of interest, share information and learn from fellow small firm members in a safe and supportive space.
Our hope is to now replicate a similar space for Local Law Societies to engage and connect with one another which, though will be moderated and maintained by the Law Society, shall very much be member-led.
A short survey has been circulated for everyone actively involved in managing the operations of their local law society – office holders, committee members and staff. The purpose of the survey is to help us develop the online forum features and those topics which would provide most value.
We are not necessarily looking for a formal committee response and are happy to have several individual replies. The survey is intended to close on 28 February 2022.
LLS Policy Forum
We are holding Local Law Society Policy Forums for the largest LLS throughout 2022.
The purpose of these Local Law Society Policy Forums is to provide large Local Law Societies with a thematic update from our internal policy experts on key issues of importance. It is an opportunity to not only directly connect with them, but also to share your views, ask questions and raise any concerns your members have.
Further policy themes we plan to cover in future sessions are on:
- The Rule of Law
- A modern, diverse and inclusive profession
- The International practice of law
- Regulation and Anti-Money-Laundering
- Supporting our members’ business
D&I
LGBT History Month
February also brings with it LGBT History Month, and solicitors in England and Wales will be participating in events across the country to raise public awareness of LGBT+ people and their history.
The Law Society has been gathering data on the experiences of our LGBT+ colleagues and, in 2021, published landmark research which showed we have seen a significant change in attitudes to LGBT+ equality and visibility in the profession in the last decade.
We encourage our members to read this research so they can use the insights to make a positive change to their working practises. Read our Pride in the Law report
Other resources
Also marks two years since the first ‘Legally Disabled?’ research report was published, exploring the experiences of disabled people in the legal profession and identifying ways in which we can create change to become more inclusive and accessible.
On the theme of disability inclusion, we have a new article from Arwen Makin (senior crown prosecutor at CPS) who provides practical examples of reasonable adjustments, at recruitment and employment level, for neurodivergent people. It’s a great article that discusses the importance and impact of adjustments and inclusion.
We’re also really pleased to share the recordings of our diversity and inclusion conference. Across six recordings, speakers explore several strands of D&I (mental health; LGBT+, disability, race/ethnicity; gender; social mobility) by discussing their perspectives and offering insights to individuals and organisations alike. The conference was held last September in conjunction with Leeds Law Society, and if you were unable to attend, I would encourage you to catch up and listen to personal experiences, practical advice and insights from expert panelists.
EVENTS/TRAINING
International Women’s Day Webinar, 9 March (15:30-17:00)
This year the Law Society will be focusing its international discussion on the topic of eradicating microaggressions as a way of achieving gender equality in the legal profession.
Microaggressions are defined as subtle slights, which can be offensive or hurtful. There are varying categories of workplace microaggressions and the most common are micro-assaults, microinsults and microinvalidations. Each type can have a lasting impact on the person’s ability to experience belonging, social acceptance, self-esteem, and overall well-being. One of the defining characteristics of microaggressions is how difficult, frustrating, or risky they can be to confront. In recent times, there has been greater exposure to many forms of micro aggressions and a new awareness about their detrimental impact.
To create a more equal and balanced profession, we all need to take responsibility, be more understanding, and learn to be self-reflective whenever we are biased. For that reason, the purpose of this session will be to discuss:
- What are micro aggressions? What are some examples of these microaggressions? What might be the specific impact of each?
- To what extent are you aware of how often you and/or others around you use microaggressions when speaking with or about others of another gender, race, etc.?
- What are the risks associated with confronting microaggressions?
- How can we, as lawyers, contribute to becoming more self-aware of micro-aggressions to eliminate them from our language?
The event is free and will be held online. Find out more and register
> View our 2021 on-demand event recordings
Free: What CLAIR Means For You
21 February, 2pm-3pm
The MoJ has published a consultation on the proposals arising from the Criminal Legal Aid Independent Review (CLAIR) report. This webinar will summarise the MoJ proposals and help you to assess the impact the consultation proposals might have on your firm and identify issues you may wish to comment on in a response to the consultation.
Free: Solicitors Qualifying Exam (SQE) – A guide for overseas lawyers and law students 2022
24 February 2022 10.00 am to 11.30am
Learn more about the new route to qualify as a solicitor in England and Wales with this interactive seminar. Topics covered by our expert panel will include:
- How is the SQE structured?
• Who is eligible for exemptions?
• How can overseas candidates take the SQE?
Free: JLD Webinar – A guide to avoid burnout
1 March 5.30pm-6.30pm
The recent LawCare Life in the Law 2020/2021 report, identified that participants aged between 26-35 displayed the highest burnout scores. This age group also reported the lowest autonomy, the lowest psychological safety and the highest work intensity.
In this interactive session, we will hear from those who have experienced work-related stress and burnout, how they mitigate and manage this, how to get the support needed and what more firms and organisations can do.
Free: International Women’s Day Webinar
9 March 2022 3.30pm-5pm
International Women’s Day is an opportunity to recognise and celebrate the achievements of women and to contribute to a growing global community committed to act on gender equality.
In March 2022, the Law Society will be focusing its international discussion on the topic of eradicating microaggressions as a way of achieving gender equality in the legal profession.
FREE: JLD Webinar – How to sell yourself as a candidate
10 March 2022 12 noon to 1pm
This interactive webinar will explore how candidates can boost their employability potential. We will focus on how you build commercial and business awareness, establish a personal brand, hone your communication skills and showcase your passion and strengths for a future legal career.
OPEN CONSULTATIONS
Post six year run-off cover and the Solicitors Indemnity Fund (closing date 15 February) – Solicitors Regulation Authority
The Solicitors Regulation Authority (SRA) are consulting on their regulatory position in relation to the future of post six-year run-off cover for solicitors and law firms and the future of the Solicitors Indemnity Fund (SIF). This consultation is running for 12 weeks from 23 November 2021 until 15 February 2022.
Ongoing competence (closing date 7 March) – Legal Services Board (LSB)
The LSB is consulting on a set of high-level expectations for regulators set out in a policy statement. Regulators are expected to demonstrate how these high-level principles have been met, recognising that one size does not fit all. The Law Society will be responding to the Legal Services Board (LSB) consultation looking at ongoing competence.
Human Rights Act Reform: A Modern Bill of Rights (closing date 8 March) – Ministry of Justice
This consultation seeks views on the government’s proposals to revise the Human Rights Act and replace it with a Bill of Rights, in order to restore a proper balance between the rights of individuals, personal responsibility and the wider public interest.
>Read about the consultation
>Read about the Independent Human Rights Report of 2020
National Planning Policy Framework and National Model Design Code: consultation proposals (closing date 27 March) – Ministry of Housing Communities and Local Government
This consultation seeks views on draft revisions to the National Planning Policy Framework (“the Framework”). The text has been revised to implement policy changes in response to the Building Better Building Beautiful Commission “Living with Beauty” report.