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The answer is by way of the Qualified Lawyers Transfer Regulations (QLTR).

These regulations allow certain overseas lawyers (and lawyers from Ireland and Scotland) to practice in England and Wales by proving their experience as a lawyer and passing certain examinations (known as a Head) in the following legal areas;

• Property (Head One)
• Litigation (Head Two)
• Professional conduct and accounts (Head Three)
• Principles of common law. (Head Four)

These examinations are known as the Qualified Lawyer Transfer Test (QLTT).

So far so simple but there are different requirements for your level of experience and different examinations to pass depending on the country that you qualified in originally.

The QLTT

You will have established the heads of examinations that you will need to sit from the SRA’s guidance (see link above) and the next step is to book your examination(s) and decide how much tuition you wish to have.

You can just book the examinations if you are confident of your knowledge but there are options if you need to improve your understanding of the law. At Kaplan Altior we provide distance learning materials and leading textbooks in each area as one option and you can even book on revision days if you wish to give yourself the best chance of passing the exams.

For more information on the QLTT please see

http://www.altior.co.uk/QLTT

Application to the Roll

Once you have passed your examinations you can apply to be “admitted to the roll” this means you will be placed on the register of qualified solicitors. As part of this process you will need to show that you are of suitable character. This basically means that you must show that you are honest and trustworthy; willing to comply with regulatory requirements; and capable of handling financial transactions responsibly.

Once the SRA are satisfied that you are of suitable character and subject to having a practising certificate you will be able to act as a solicitor in England and Wales.

The future

The SRA are currently looking at the future of qualifying through this route and they have put out some proposals (consultation is now closed) to change the procedure in late 2010 \ early 2011.

See here for the consultation document

http://www.sra.org.uk/sra/consultations/1454.article

Some of the options put forward in the consultation include expanding the jurisdictions that will be eligible to apply and to add practical assessments and interviews and also the possible expansion of the examinations to include business law and the law of contracts and tort.

No decision has been made on these proposals yet but it is likely that if the examination areas are expanded and the interview \ practical assessment process is adopted that qualifying may become a longer process and also have additional costs.

Some examples of qualifying through the QLTR

European

Generally European Lawyers from countries that are part of the EU will not need to prove any level of experience but they are required to sit all four heads of examination.

Pakistan

Advocates from Pakistan are required to have two years experience and to pass all four heads of examination.

USA

Attorneys at Law in the USA require two years experience and also sit the Property; Litigation and Professional Conduct and Accounts exams.

UK \ Hong Kong \ Barristers

Lawyers from the above jurisdictions and qualifications have specific routes to qualification under the QLTR and you should study the SRA guidance above for the specific forms etc required.

It would be beyond the scope of this article to set out all the experience and examinations requirements and so I will concentrate on a few examples at the end of the article to demonstrate how to become qualified. For any of the jurisdictions not covered in these examples then please go to:

http://www.sra.org.uk/documents/solicitors/qltt/qltt-application-guidance.pdf

where you will find guidance on what exactly is required of you under the Qualified Lawyers Transfer Regulations (QLTR).

Certificate of Eligibility

Once you have checked your requirements you will need to apply for a certificate of eligibility which requires you to set out where and when you gained your experience.and you will need to provide supporting documentation on the Experience Evidence Form to prove that you have done the work you have claimed in the application. 

This form also needs to be signed by a supervisor at the organisation that you work / worked for. The Solicitors Regulatory Authority (SRA) will check this form and then issue you with the certificate which allows you to book onto the Qualified Lawyers Transfer Test (QLTT).

There is a fee from the Solicitors Regulation Authority (SRA) for this process (currently £400)

Pete Cowan

Trainer

Kaplan Altior

11-10-2009