A Career in the Legal Profession in Scotland - Frequently Asked Questions

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1 A Career in the Legal Profession in Scotland - Frequently Asked Questions This information sheet covers some of the key questions about a career in the legal profession in Scotland. It is particularly targeted at Scots law students and people considering studying the graduate entry 2 year accelerated LLB in Scotland. Following a major review of legal education and training in Scotland by the Law Society of Scotland, it is anticipated that a new route to qualification will be in place for academic year 2011/2012. The information in this leaflet refers to the situation at the time of writing () This FAQ sheet is a starting point. Additional information and resources can be found in our law folders at the Careers Service, 2 nd floor, The Hub, or in our online virtual library at Initial Legal Training Page 1 Graduate entry LLB (2 year accelerated course) Page 1 Diploma in Legal Practice (DLP) Page 2 Becoming a Solicitor Page 4 Becoming an Advocate Page 6 General Law careers questions Page 7 Initial Legal Training The current route to qualification as a solicitor (and for intending advocates), is set out below LLB degree (NB non-law graduates complete the 2 year accelerated law degree) 26 week Diploma in Legal Practice 2 year traineeship with solicitors firm or other organisation employing solicitors. (NB same route for both solicitors and intending advocates to this point) Bar Exams and a period of unpaid devilling for intending advocates. Following a major review of legal education and training in Scotland by the Law Society of Scotland, the following changes are in the process of being implemented, and it is anticipated that a new route to qualification will be in place for academic year 2011/2012. Check the Law Society of Scotland website for latest updates o LLB degree to be replaced with a new Foundation Programme o DLP to be replaced by Professional Education and Training Stage 1 (PEAT 1) o 2 year traineeship to be replaced by Professional Education and Training Stage 2 (PEAT 2) due to be in place from 2011 The information below refers to the current situation at the time of writing () Use the FAQs sections to find out more about graduate entry to the profession via the 2 year accelerated LLB, becoming a solicitor if you already hold or are working towards your LLB, the diploma in legal practice, becoming an advocate, and answers to a variety of questions of concern to intending lawyers. Graduate Entry LLB (2 year accelerated course) I am a non-law graduate. How can I qualify as a lawyer in Scotland? Entry to the legal profession in Scotland for non-law graduates is via the Graduate Entry LLB, usually offered over 2 years, and leading to an ordinary degree in Scots Law. Some institutions offer a part-time option over 3 years. (NB unlike the situation in England and Wales, there is no one-year law conversion course for graduates in Scotland. Entry for graduates is via the accelerated LLB). Following successful completion of the Graduate Entry LLB, you would continue to qualification via the same route as Scots law graduates from the 3/4 year LLB ie the Diploma in legal Practice, followed by a two year traineeship (see below). Institutions offering the Graduate Entry LLB include the following universities: Aberdeen, Dundee, Edinburgh, Glasgow, Glasgow Caledonian, Napier, Stirling, Strathclyde. Contact individual institutions for further information about their courses. It is important to be aware that, at the time of writing, entry to the Diploma in Legal Practice (DLP) course is based on academic performance in your professional subjects ie all or most of the courses you take in your 1

2 Graduate Entry LLB. You therefore have to hit the ground running from day one of your course. All your exam grades will count, from first (often at the end of your first term/semester) to last. (NB. the introduction of PEAT 1 to replace the DLP (see above Initial Legal Training ) means that entry selection criteria and process for entry onto the PEAT 1 stage will be reviewed in due course. Check the Law Society of Scotland s website for details of these changes as they are updated How do I apply for the Graduate Entry LLB, and when is the deadline? Application for the full time Graduate Entry LLB is via UCAS, with a deadline of 15 th January. For part time courses, contact the institution directly. Most institutions will be looking for a 2(i) degree or an ordinary degree with merit, plus evidence of experience and understanding of the legal profession in your application. How much does the Graduate Entry LLB cost? As the graduate Entry LLB is a second first degree, there is no subsidy for the cost of the course. Fees vary with each institution, and latest figures show you can expect to pay 5,500-9,000 per year for the full time course. Fees for the part time course are in the region of 2,000 per year. The Careers Service can help you investigate sources of funding via Career Development Loans, trusts and charities etc. Also, check with the Law School you apply to - they may have knowledge of sources of funding for their particular institution. The Law Society of Scotland also has details of several bursaries available to law students In practice, many students use a combination of loans, savings, family support and part-time work to fund themselves through this route. You will need to consider the financial implications of undertaking this course, plus the Diploma in Legal Practice, carefully when considering a legal career in Scotland. Diploma in Legal Practice (DLP) (NB. The DLP will be replaced by PEAT 1 for the academic session (see section Initial Legal Training). The information below refers to the current DLP (). How do I apply for the DLP and what is the deadline? The 26-week full-time Diploma course, delivered over one academic year, is offered at seven institutions in Scotland from 2010: the Universities of Aberdeen, Dundee, Edinburgh, Glasgow, Stirling, Strathclyde, and the Robert Gordon University in Aberdeen. (Prior to 2010, Glasgow and Strathclyde offered a combined course at Glasgow Graduate School of Law, but offer separate courses from 2010). Application for the Diploma takes place in the year to which the application refers, normally by the end of March at the latest. Application forms are distributed by the law schools several weeks before the closing deadline. Students name the institution to which they wish to apply, and the law school then forwards the application to the relevant institution. Anybody who is no longer an undergraduate when applying should contact the university at which they completed their LLB to obtain an application form. All Diploma schools operate the same entry criteria, currently based on performance at first sitting in the professional law subjects, usually taken during the first 2 years of the LLB. From Edinburgh law school is piloting a part time evening DLP, delivered over 2 years. What are the admission criteria for the DLP course? If you are studying for the LLB and have an interest in qualifying in the Scottish legal profession it is important you are aware from day one of your LLB that admission to the DLP course is based on performance in the first sitting of your 'core' or 'professional' subjects. These subjects are normally studied in the first 2 years of your LLB. It is therefore vital to hit the ground running in the first year of your LLB to have the best chance of gaining a place on the DLP. It is not possible to take up a traineeship and qualify for the legal profession in Scotland without successful completion of the DLP course. (The introduction of PEAT 1 to replace the DLP in 2011 means that entry selection criteria and process for entry will be reviewed in due course.) How is the DLP course structured and assessed? The timetable for the Diploma course is very full in comparison with many undergraduate courses. As the emphasis is on learning practical skills for the legal profession, there are a large number of contact hours, many in small seminar groups, workshops and tutorials. You can expect to have a 9-5 timetable, or equivalent, though some of this will be preparation time. You will also be expected to spend at least 10 hours a week on course work and preparing for exercises outwith the timetabled sessions. Participation in practical class work is extremely important, and some exercises require substantial preparation beforehand. Some institutions run probono clinics offering the opportunity to gain valuable practical experience. 2

3 From 2009 Edinburgh is offering a part-time course run in the evenings, over 2 years. Delivery is via evening lectures and seminars and podcasts. Much of the teaching on Diploma courses is done by part time tutors, many of whom are practicing advocates, solicitors and accountants who bring their expertise in current professional practice into the classroom. Teaching methods include a mix of tutorials, lectures, group-based projects and skills workshops. Some diploma courses use delivery methods which include the use of multimedia, information and communication technology (ICT), and becoming a member of a four-person firm to simulate aspects of the legal working environment. Assessment is via examination and a piece of coursework in each of the subjects. The balance between exam and coursework element varies with the subject and institution, though is more often in the ratio 80:20. What will I study on the DLP course? The syllabus for the Diploma course is similar at all institutions, and the content determined by national committee with representatives from the legal profession and all Diploma institutions. The focus is on the practical skills needed in the profession. Courses in Conveyancing, Private Client, Civil Court Practice, Financial Services and Related Skills, Practice management and Professional Ethics and Conduct are all compulsory, with a choice of either Company and Commercial or Public Administration. The practitioner skills of advocacy, interviewing, negotiation and mediation are developed throughout the course. (With the introduction of PEAT 1 in 2011, the course will move to outcome-based delivery and include core and elective subjects). Should I start the DLP without having first secured a traineeship? A significant number of students start the diploma without traineeships, and in recent years the majority have gained a traineeship during the diploma or within a short time of completing the course. Traineeship opportunities with smaller firms of solicitors and in-house (including those with the councils and the banks) are not usually advertised a long way in advance (unlike the larger firms which recruit 2 years in advance). Therefore if you are interested in working in this area of the legal profession you will need to start your DLP without having secured a traineeship, and then apply during your DLP year. However, the increase in DLP places over recent years, combined with the reduction in traineeship numbers as a result of the current recession, means there is now a significant mismatch between traineeship places and the number of people completing the DLP. It is vital to be realistic about your chances of securing a traineeship, if you have not already secured one before starting the DLP. To maximise your chance of success you need to be prepared to put time and effort into your job search and make use of the careers support provided by the university. (See section on Becoming a solicitor ) Are deferred course place offers possible? It is not usually possible to defer course place offers. Admission to the DLP is based on performance in the first sitting of the 'core' or 'professional' subjects (normally studied in the first 2 years of your LLB), so the bench mark for admission to the course can vary slightly each year, depending on the cohort. If I want to take a gap year should I do this before or after the DLP? Your DLP has a shelf life of 2 years, after which, if you have not yet secured a traineeship you will need to discuss your circumstances with the Law Society of Scotland. Your LLB has no such shelf life, though DLP course admissions tutors may question the currency of your legal knowledge if you apply more than 5 years after graduation. Therefore, it is usually more practical to take a gap year before your DLP rather than after. Firms will also usually prefer you to do your gap year first so that you go into your traineeship from your DLP while it is still fresh in your mind. How much does the DLP cost and is funding available? Full-time DLP fees can cost up to 5,500 (the part-time DLP at Edinburgh costs 2,750 per year). In the past the Students Award Agency for Scotland (SAAS) has made partial awards for a proportion of the places on the Diploma course at each institution in recent years this has been 300 grants of circa 3,000 although this funding has never been guaranteed from year to year. Academic session 2009/2010 is the last year of the funded places. In 2008, the Scottish Government announced plans to change the student support arrangements for the Diploma in Legal Practice, as part of a much wider review of a particular category of post-graduate student 3

4 support in Scotland. Check the Law Society of Scotland s website for updates on this as this will affect applicants starting the DLP in 2010 and PEAT 1 from It is not common practice in Scotland for law firms to offer funding awards to cover diploma fees and living costs to the students who have accepted traineeship places with them, though prior to the recession a few of the larger commercial firms ensured the fee-element of the course was covered. In the current economic climate firms have been reviewing their practice on this, so you will need to check with individual firms. Students fund their place in a combination of different ways including loans, small awards from grants and trusts, savings, parental contributions and part-time work. Find out more from the Law Society of Scotland and by contacting your Diploma course provider. Law Society of Scotland - University of Aberdeen School of Law - University of Dundee School of Law - University of Edinburgh School of Law - University of Glasgow Law School - The Robert Gordon University, Aberdeen University of Stirling Law School University of Strathclyde Law School Becoming a Solicitor After completion of the Diploma in Legal Practice (see section on DLP), you will have to complete a two year traineeship with a firm/employer approved by the Law Society. This is a period of practical experience under the supervision of qualified solicitors and on successful completion you will be fully qualified as a solicitor. See for full information on how to become a solicitor. NB From academic session the traineeship will be replaced by PEAT 2 (see section on Initial Legal Training). The information below refers to the current position (July 2009). How are vacancies advertised? This will depend on the size of firm many small to medium sized firms do not advertise and so it is very important to be proactive and make speculative applications. This is particularly the case in the current situation where, due to an increase in the number of DLP places over the last few years and a reduction in the numbers of traineeships due to the current recession, there is a significant mismatch between traineeship places and the number of people completing the DLP. Where traineeships are advertised the most common resources are: Law Schools noticeboards/websites Firms own websites University Careers Service s websites (see question below on smaller firms for more information about this) University Law Fairs (mainly for large firms) Target Law Scotland Press e.g. Herald and Scotsman (mainly for public sector traineeships) When should I apply for a traineeship? The very large firms of solicitors tend to recruit two years ahead with deadlines around mid end October for traineeships starting in the summer two years later. (The occasional firm may have an earlier deadline or may even fill all their traineeships from students on their summer placement scheme see question below on finding legal work experience.) Recently both the Crown Office and the Government Legal Service for Scotland have also started to recruit up to 2 years ahead (GLSS in October, Crown Office in Jan/Feb), with the rest of the public sector (e.g. local authorities) not normally recruiting any earlier than six nine months before the start of a traineeship. Other firms and organisations recruit for trainees before, throughout and beyond the Diploma year. There is no set pattern, other than the very broad one that, as a general rule, the larger the firm, the earlier they are likely to recruit. This can be frustrating - it can sometimes feel as if you are the only one without a traineeship. This will not be the case! A significant number of students starting on the Diploma in Legal Practice do not have 4

5 traineeships. Don't let yourself be panicked into making applications for traineeships you're not interested in - make considered, well thought out applications and your chances of success are much higher. However, bear in mind the advice in the question above about starting the DLP without the offer of a traineeship and make sure you have weighed up the risks and given careful and realistic thought to whatever decision you make. Smaller firms don t seem to advertise traineeships how can I apply? Smaller firms have fewer vacancies for traineeships and may feel that they do not need to advertise as they receive sufficient speculative applicants. So, if you want to work for a smaller firm don t sit back and wait for advertised vacancies you could be waiting a long time! Identify firms you would be interested in and start to make speculative applications. Useful resources for identifying firms include: Law Society of Scotland Find a Solicitor section and Scottish Legal Aid Board s Find a Solicitor section allow you to search for firms and organisations by name, geographical location and type of work. Surveys of Recruitment Practices of smaller law firms, which cover some of the regions of Scotland, and are available at your Careers Service, or via your Careers Service website. Information about the career destinations of previous Diploma students, available from your university Careers Service. The names of the employers they have gone to can be another useful source for speculative applications. Research firms you think you would be interested in and send a targeted CV and covering letter. (Use your university Careers Service for advice and guidance on CVs, applications and interviews.) University Careers Services are working with the Law Society of Scotland to encourage all sizes of firm/organisation with traineeships to advertise their vacancies free of charge on Careers Service s websites so make sure you consult your own Careers Service website on a regular basis. How can I find out about individual firms? You can meet representatives from the larger firms, and from organisations such as the Crown Office and the Government Legal Service for Scotland, at the Law Fairs which most university Law Schools/Careers Services run. The larger firms/organisations will also have extensive websites which you can consult. Remember to look at the entire site and not only at the recruitment/careers section. In addition publications such as Legal and Chambers provide information about leading firms (often, but not always, the larger firms) and their areas of expertise. For smaller firms there is less published information and so you are likely to be limited to their websites, or leaflets they produce for clients. However, remember that if you are on the Diploma in Legal Practice almost all your tutors will be practitioners and may well be able to give you information about smaller firms. While it is important to find out about individual firms, it is also very important to be aware of what is happening in the legal world in general. The Journal of the Law Society of Scotland can help keep you up to date with what is happening. Getting a traineeship seems very competitive how do I maximise my chances? First of all, make sure you know and can explain why you want a job in the legal profession. Students are often taken aback when employers ask why they want to be solicitors and yet it is an obvious interview question! Once you re clear that this is indeed the right area of work for you, treat the job-search as you would any other important task (dissertation, planning a holiday etc.) Work out how much time you can realistically devote to applications alongside your other commitments. Decide whether you are targeting all traineeships, regardless of type of work, or whether you want to concentrate on particular types of work. (There is no right or wrong answer to this one as long as you bear in mind the following points: - making considered, well thought out applications is very time-consuming - focusing on types of work which genuinely interest you may be your best use of time. - your traineeship lasts for two years and will have some impact on your future career as a solicitor) Research firms/organisations as thoroughly as you can to ensure you can demonstrate genuine motivation to work for them. Consider carefully the employer s requirements and make sure your applications provide evidence that your skills and achievements match these requirements. Gaining some legal experience (see question below) is very valuable but don t dismiss the other employment experience you have had. It will also have given you skills which will be useful to future legal employers. Finally, make good use of your university Careers Service to help you with preparation for applications and interviews. 5

6 How can I get legal work experience? Larger firms of solicitors often offer paid structured summer placements. These are normally targeted at penultimate year students and tend to be advertised with application deadlines around November February. These placements can range in length from a couple of weeks to a couple of months. Increasingly firms are also using these placements to identify students who would be suitable for traineeships so if you are interested in working for these types of firms it can be very helpful to have had a placement with them. The Government Legal Service for Scotland and the Crown Office, and some local authorities, may also offer paid summer experience. It is also possible to gain experience with smaller firms, even if they do not offer structured placements. As with traineeships with these firms (see question about applying for traineeships with smaller firms) it is important to make speculative applications. Experience may be paid or unpaid. Volunteering experience e.g. with Citizens Advice Bureaux, Law Centres, university Law Clinics can also be very useful. And if you think you might be interested in litigation, consider getting involved in mooting (competitive legal debating in mock court settings). However, remember that employers will value all employment experience as long as you can show what you have gained from it. It is not necessary to fill your vacations exclusively with legal experience and students without legal experience do still find traineeships! Becoming an Advocate What education and training do I need to become an Advocate? In order to practice at the Scottish Bar you must be a member of the Faculty of Advocates. At present it involves four stages: 1. matriculate as an Intrant to the Faculty of advocates 2. meet the educational requirements of the Faculty 3. satisfy the professional training requirements of the Faculty 4. be admitted as an advocate To meet the educational requirements of the Faculty, you must undertake the following: Complete a Scottish law degree from a Scottish university (2.2 or above); or an Ordinary degree with Distinction in Scottish Law from a Scottish university; or a degree from a UK university (2.2 or above) together with a Scottish law degree from a Scottish university (a two-year accelerated law degree is an option for graduates). (Scottish Universities are those which have been accredited by the Faculty of Advocates). You must then complete the Diploma in Legal Practice and a two year solicitor s traineeship. An eight or nine month period of unpaid practical training (devilling) with an experienced advocate (a devilmaster) follows (usually after a period of practise as a solicitor, in order to gain experience and exposure in the legal profession). Your training is complete after a final competency assessment covering written and oral advocacy skills. See for further details on the process of admission to the Faculty of Advocates. What is devilling? Devilling, as the period of pupillage or training to become an advocate is generally known, lasts between eight and nine months and comprises a mix of skills training and courses and time spent working with a devilmaster. As a devil, you will have a principal devilmaster who is a practising member of the junior bar of at least seven years standing, and working in civil practice. You also spend part of the time with another devilmaster practising in the criminal courts, and many devils spend a short period of time with a third devilmaster working in a different aspect of civil work from your principal devilmaster. In order to take a devil, a devilmaster must be approved by the Dean of Faculty. The Faculty maintains a list of approved devilmasters. If you wish to commence devilling with a view to admission to the Faculty of Advocates, contact Scott Brownridge for advice on the deadlines which will be applicable to your particular situation. Contact details can be found at 6

7 What funding is available for training to become an advocate? Funding for educational training up to the completion of the Diploma in Legal Practice is the same as that for intending solicitors. Devilling, the period of professional training to become an advocate, is largely self-funded. However, there are currently two annual scholarships available The Lord Reid Scholarship and the Faculty Scholarship. One Lord Reid Scholarship is awarded annually, to the outstanding applicant. A variable number of Faculty Scholarships are given each year and the size and number of awards is at the discretion of the Faculty Committee. Previous awards have ranged from 2,000 to 4,500 and advertisements for applications are placed in the Journal of the Law Society of Scotland and the Scots Law Times during February and March each year. Further details are available from the Faculty of Advocates at How can I develop relevant experience? Exposure to a wide range of legal experience is useful if you are considering a career at the Scottish Bar. As well as spending time with solicitors firms and ensuring that your traineeship involves substantial exposure to court work, other good forms of legal experience might include volunteering at a Law Centre or Citizen s Advice Bureau and spending time as a research assistant at the Law Commission. Experience of debating, mooting and public speaking would be useful and getting involved with professional bodies such as the Scottish Young Lawyers Association (SYLA) from an early stage can help to raise your profile and develop your professional skills. Bearing in mind that your livelihood may one day rely largely on work given to you by solicitors, the more contacts you have in the profession and the more you know about their business the better. How can I find out more about the work of an advocate? The Faculty of Advocates website, gives details on the profession. Court visits to watch advocates engaging in advocacy, particularly in the Court of Session and the High Court of Justiciary, can give you valuable insight into the role. You can also obtain further information from the Faculty s Intrants Programme Co-ordinator, Mr Scott Brownridge by ing him at scott.brownridge@advocates.org.uk General Law Careers Questions Do law firms prefer applicants with 4 year law degrees over 2 year accelerated law degrees? No. Whilst all applications for traineeships are looked at on individual merit, law firms value the commitment you demonstrate by undertaking a second degree. Prior experience in the workplace is also very marketable. Many students on the accelerated degree have a proven track record in the workplace, and valuable skills and experience to bring to a firm or organisation. What are the chances of becoming a solicitor or advocate for a mature graduate or career changer? The legal profession is a very competitive profession to get into (see previous sections) for all applicants. Mature graduates and career changers have successfully entered the profession, perhaps building on skills from their earlier career (e.g. a former civil engineer moving into construction law or someone from a related profession such as the police or criminal justice service changing direction). You need to research the profession thoroughly and make sure you sell your relevant skills and experiences from your earlier career. Bear in mind though, that investment of your time and money in legal training does not guarantee a training opportunity at the end of it. What other opportunities are there for jobs related to the legal profession but not as a solicitor? Other roles include: Paralegal, Fiscal Officer, Advocates Clerk, roles with the Scottish Legal Services Commission, Scottish Law Commission, Scottish Court Service, Police, Prison Service, advisory services, including Citizens Advice Bureau, legal publishing and regulatory bodies such as Trading Standards, Patent Attorney. For more ideas, see the handout Career Choices with Law where else can I use my law degree without qualifying as a lawyer, available in your Careers Service. More detailed information on all the above can be found in the Careers Information Centre, and via the Careers Service website. 7

8 International issues How can overseas qualified lawyers practise in Scotland? This will depend on where you have qualified. It may be possible to transfer via the Qualified Lawyer Transfer Test, or you may have to complete the accelerated LLB and further training. Contact the Law Society of Scotland to check your individual situation. If I have a law degree from outside the UK will I still have to do the accelerated LLB? Your degree is very unlikely to be a qualifying law degree for Scots law, so you will have to complete the accelerated LLB followed by the Diploma in Legal Practice. However if you are a qualified lawyer in your home jurisdiction you may be able to transfer (see above). Check your individual circumstances with the Law Society of Scotland, Academic issues What are my chances if I don t meet the academic requirements stated by the recruiters? Firms of solicitors, particularly the larger commercial firms, usually specify strong academic grades in their recruitment criteria as strong intellectual skills are needed in the legal profession. If there is a mitigating reason why your academic grades were lower than expected or you have taken a different route through education (e.g. as a mature entrant) then you may need to explain this in your application and many recruiters will take this into account, particularly if your application is strong in other areas. Outside the larger firms, grades may be less of an obstacle, though you will need to demonstrate commitment to the area of law you wish to practice. However, in a competitive recruitment market, academic grades lower than other applicants may be an obstacle and it will also be difficult to secure a place on the DLP with re-sits or low marks in your professional courses. Most firms ask for a 2:1. If I have a 2:2 will doing a postgraduate degree and getting a good grade in this override the lower grade at undergraduate level? Recruiters, particularly those in the larger commercial firms, are looking for consistency in academic achievement and will still look at your undergraduate grade. Doing a postgraduate degree, while showing your commitment to developing yourself academically, will not necessarily make any difference to the recruiter s selection decision. Postgraduate study is a big investment of your time and money and you will still have to complete the Diploma in Legal Practice on top of that. Therefore if your only reason for doing a postgraduate degree is to override an undergraduate result then you should think carefully before embarking on it. Careers Advisers will be happy to discuss your own individual situation with you. If you can t find an answer to your question above, your Careers Service has a range of information resources on legal careers. You can also ask a careers adviser or a member of the information team. We will do our best to help you answer your question. We are happy to make this publication available in an alternative format. Please contact the Careers Service, University of Aberdeen, 2 nd Floor, The Hub, , careers@abdn.ac.uk July