Each year, hundreds of lawyers from Asia Pacific countries such as Singapore, Hong Kong, China, South Korea, Australia, Japan and Malaysia, decide to qualify as English solicitors, and become dual-qualified lawyers. What motivates them to do this?
England, and in particular London, has always been a popular destination for foreign lawyers seeking to work overseas and advance their legal career, but many of the foreign lawyers that seek to dual-qualify as English solicitors do not necessarily intend to move to the UK.
The leading law firms in the UK continue to recruit foreign lawyers including from civil law jurisdictions who demonstrate significant expertise in their field and can offer both multi-disciplinary and multi-jurisdictional legal advice.
But those who wish to stay in their home jurisdiction appreciate that becoming a dual-qualified English solicitor will enhance their professional profile and marketability, allowing them to offer a wider range of legal services to their existing clients. This is especially true in a legal business environment where English law is often the chosen law in cross-border transactions, international disputes and arbitration, banking and financing, maritime and shipping, and mergers and acquisitions.
WHY BECOME A DUAL-QUALIFIED ENGLISH SOLICITOR?
A survey conducted by Queen Mary University of London in conjunction with White & Case LLP: ‘Choices in International Arbitration’, revealed that 40% of corporations use English law as the governing law for their cross-border transactions. This is followed by 17% who opt for New York law. In addition, London was singled out as the most preferred seat of international arbitration, used by 30% of respondents.
Thus, dual-qualified lawyers, whether based in the UK or in other countries, have a unique advantage over their peers in their offering to clients, whether they focus on transactional work or dispute resolution. They can represent their clients in negotiating cross-border agreements, or in arbitration proceedings, both in matters involving state law, and in matters involving English law; both locally and in London, the world’s capital of arbitration and one of the command centres of the global economy.
THE QUALIFIED LAWYERS TRANSFER SCHEME – QLTS
In order to become a dual-qualified English solicitor, foreign lawyers can take the Qualified Lawyers Transfer Scheme (QLTS) assessments. The QLTS is administered by the Solicitors Regulation Authority (SRA), the regulatory body of the Law Society of England and Wales, and enables lawyers who qualified in jurisdictions outside of the UK to practise as English solicitors.
ASSESSMENT FORMAT
The QLTS assessments are in two parts:
Part I – Multiple Choice Test (MCT) – this part tests a candidate’s knowledge, understanding and correct application of the main areas of the law of England and Wales.
The MCT consists of 180 multiple choice questions, and is divided into morning and afternoon periods of two hours and 45 minutes each, with 90 questions in each period. The MCT is delivered online and offered in a number of locations around the world (such as Singapore, Hong Kong, China, London, New York).
Part II – Objective Structured Clinical Examination (OSCE) – this part tests five practical skills: client interviewing; advocacy/online presentation; online legal research; legal drafting and legal writing. The OSCE is conducted in the context of three legal practice areas: business law, civil and criminal litigation and property and probate. The OSCE is normally offered across several days in London, UK.
WHO IS ELIGIBLE FOR THE QLTS?
There are no eligibility requirements for registering to take the QLTS assessments. Once a lawyer has passed both parts of the QLTS assessments, they can apply to the SRA for admission to the Roll of Solicitors of England and Wales. At this point, the SRA will require evidence of eligibility for admission.
One of the requirements is that the applicant must be a Qualified Lawyer in a Recognised Jurisdiction, in good standing with their local Bar Association or Law Society. The SRA recognises lawyers qualified in most Asia Pacific countries as eligible for admission.
TAKING THE QLTS ASSESSMENTS
The assessments are administered and offered twice a year by a sole assessment provider, Kaplan QLTS. To maintain the integrity of the assessments, Kaplan is not allowed by the SRA to offer training for the assessments.
When a candidate has completed and passed the two parts of the QLTS assessment, they are eligible to apply to the SRA for admission to the Roll of Solicitors of England and Wales, and have the same rights and obligations as a solicitor who followed the domestic route to qualification in the UK. There is no experience requirement or training to complete under the QLTS.
TRAINING FOR THE ASSESSMENTS
QLTS School is the premier training provider for the QLTS assessments. Candidates can prepare for the assessments at any time and in any location around the world.
The course programme includes professionally written textbooks, practice questions, video lectures, digital flashcards, mock tests, skills workshops, extensive online resources and personal tutor support.
Many of the candidates complete the QLTS course and assessments within 6-9 months, but this varies based on each candidate’s own circumstances and work commitments.
QLTS School’s website features success stories and video interviews with over 100 foreign lawyers who have taken the QLTS assessments and become dual-qualified English solicitors.
For more information about the QLTS assessments and training visit http://www.qlts.co.uk/
