Guide

Qualifying work experience for paralegals

This guidance explains how paralegals and those in similar legal roles can gain qualifying work experience (QWE) without a training programme. It also sets out the role of their employers.

05 Aug 2021

3 minutes read

Qualifying work experience

This guidance explains how paralegals and those in similar legal roles can gain qualifying work experience (QWE) without a training programme. It also sets out the role of their employers.

The Solicitors Qualifying Examination (SQE) was introduced on 1 September 2021. It will gradually replace all other routes into the profession.

The SQE makes it possible for individuals working as paralegals, or in other legal roles, to use this work as qualifying work experience (QWE).

Work carried out before 1 September 2021 can potentially be claimed as QWE.

Candidates can register any relevant completed experience with the Solicitors Regulation Authority (SRA).

Requirements for candidates

To qualify as a solicitor, candidates would still need to complete the SQE1 and 2 assessments, as well as have a degree-level qualification (or equivalent).

However, this route provides a way around the ‘bottleneck’ of having to complete a training contract, which has prevented some people from qualifying under the current routes.

Candidates should consider the quality of the training they are looking to claim as QWE and how it demonstrates their skills as a solicitor to future employers.

To use their work experience as QWE, these candidates will need to have it confirmed in the same way as any other candidate.

A solicitor or compliance officers for legal practice (COLP) can provide the confirmation.

Find out more about confirmation of qualifying work experience

Keeping records

Firms should keep accurate records of who they have employed and in what role, even if they only employ them for a short time.

Candidates are responsible for keeping their own records of:

the length and timing of their work
the tasks they undertake, including their specific role in those tasks
how the tasks helped them develop the competencies set out in the statement of solicitor competence

Employing paralegals

Managing expectations

If you employ someone in a paralegal or similar role, you may be asked to confirm their work as QWE regardless of whether you run a formal training programme for aspiring solicitors.

This could apply to roles in-house as well as at law firms.

When you hire new individuals in these roles, it is good practice to discuss their expectations around QWE and career development.

You should also discuss your programmes and processes for solicitor roles. For example, if you require certain training programmes or academic results to be eligible for a solicitor role, this should be made clear.

If the paralegal is seeking to become a solicitor, you must continue to:

maintain clear communication
manage expectations about future roles and opportunities
discuss how much financial or other support you can provide, such as time off to study or contributions to SQE courses or assessment fees

You should also consider and communicate who will pay for the practicing certificate if the candidate qualifies but is not taken on as a solicitor.

Requirements for employers

The requirements for QWE are much broader and less defined than requirements for the current period of recognised training.

Experience with providing legal services will count as QWE as long as it offers the chance to develop some or all of the competencies.

QWE can be accrued in up to four organisations. There is no minimum amount of time that candidates can claim, so you may need to confirm QWE even for short placements.

The solicitor or COLP confirming the QWE will need to check that it meets the SRA’s requirements.

They cannot unreasonably refuse to confirm the QWE if it meets the requirements. This applies even if the individual is not on a dedicated training programme.

The confirmation is of the completed QWE, not the candidate’s competence. That is judged through the SQE1 and 2 assessments.

Employees can request confirmation of previous training even after they leave the business. This expectation also applies where candidates in international offices request confirmation.

SQE assessments

To qualify as a solicitor, candidates must:

complete their SQE1 and 2 assessments
have a degree level qualification (or equivalent)
complete their QWE

If a candidate has passed the Legal Practice Course (LPC), they are exempt from the SQE1 but will still need to complete the SQE2.

Find out more about the SQE assessments

The SRA's transitional arrangements outline the process for switching routes in more detail.

Read our guide to the transitional arrangements

Some firms support suitable candidates through their SQE assessments and preparation courses.

This is not required but is a good way to encourage paralegals or those in other legal roles to progress. It may also have a positive effect on equality and diversity within the workforce.

Employment post-qualification

The SRA has confirmed that firms and organisations can hire individuals in any role as long as it is not misleading to clients.

While we encourage employers to consider hiring qualified solicitors in solicitor roles, this means that if a paralegal or someone in a similar role qualifies via the SQE route, you do not have to hire them as a solicitor. You can continue employing them in their existing role.

Regardless of job title, individuals providing legal services must hold a practising certificate and follow regulatory requirements as with any solicitor.