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College of Law threatens SRA with anti-diversity suit

4 February 2008

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Nina Goswami

The Solicitors' Regulation Authority (SRA) has been attacked for taking action that will undermine the diversity of the British legal profession.

The College of Law has instructed Rabinder Singh QC of Matrix Chambers, who has warned that the SRA measures are "potentially in breach of the Race Relations Act and the Competition Act".

Nigel Savage, the College's chief executive, said "We're not against moves to drive up standards and indeed have raised our own concerns about poor standards among some of the lawyers qualifying as solicitors. But these measures are being introduced without warning or discussion and in their present form could have a disastrous effect on recruitment to the London legal market."

The College's condemnation of the SRA comes in response to the regulatory body's review of the Qualified Lawyers Transfer Regulations 1990 (QTLR).

The purpose of the review, according to the SRA, is to ensure those who qualify under the regulations have "the knowledge and skills required for practising as a solicitor of England and Wales".

While a full review of QTLR and the qualified lawyers transfer test (QLTT) takes place, the SRA has put in interim measures requiring re-qualifiers to gain at least one year of practice under English law. This has to be under the direct supervision of a English law qualified solicitor.

In a response paper to the SRA, Savage pointed out that it is comparatively easy for western European, US and Australasian lawyers to obtain employment in a UK firm, as they have larger offices in such jurisdictions or the lawyers can afford to spend time in the UK.

Savage said: "This is less so for say young lawyers from Nigeria, India or China where fewer students are recruited by City firms."

The SRA declined to comment.

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Readers' comments (4)

  • Harinder Bhullar | 5-Feb-2008 7:31 am

    SRA attitude smell of racisim

    The proposal of SRA is totally vague and smells of discrimination between developed and developing countries. Apart from race issue this is anti competitive in nature and falls under Article 81 (1) EU. This proposal needs to be scrapped immediately.

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  • Anonymous | 5-Feb-2008 9:49 am

    Scottish Dual Qualified Lawyers ???

    So this means then that Scottish Dual Qualified Lawyers who may be associates or partners in their own firms would have to undertake the equivalent of a year's traineeship with an English firm before they can practice????

    Ridiculous !!

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  • Anonymous | 5-Feb-2008 5:38 pm

    fear absolute

    This goes to show a growing fear about the determination and success of Lawyers/Solicitors from outside the English soil. Is this another " ALL ANIMALS ARE EQUAL, BUT SOME ARE MORE EQUAL THAN OTHERS."? It is very difficult for the newly qualified English Law Graduates to get training positions with Law Firms , how much more for foreigners. This is equivalent to asking the QLTT candidates to go through another degree programme in an English University before they can they can be deemed fit to practice.

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  • Anonymous | 6-Feb-2008 1:17 pm

    Not so unreasonable

    This review of the QLTT regulations is to be welcomed. Only in England can a qualified overseas lawyer take a simple test to be admitted as a solicitor.
    Most, if not all, other European countries impose much more stringent requirements and require a period of practical training. The QLTT's open book exam & 50 hours of study are no way near enough to prepare a non-common law lawyer for our legal system.
    To the Scots lawyer who is complaining about the possible changes - what are the chances of an English lawyer being taken on by a firm north of the border? Practically zero!

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