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Best practice guidance: work experience placements
This guidance represents our view of good practice for employers who provide work experience to those seeking experience of a legal career.
- The purpose of work experience
- Good practice
- The type of work that should be undertaken
- Feedback and references
- Other considerations
In following this guidance, providers of legal services, as employers, will be promoting fair access to the legal profession.
Employers should also be aware that work experience may now count towards an individual’s qualifying work experience (QWE) for the purposes of the Solicitors Qualifying Exam (SQE), particularly where placements are more complex in nature and over a longer time period.
The legal profession has become increasingly competitive, with the number of law graduates having increased by 45% in the past decade.
Many individuals looking to qualify as a solicitor will seek to undertake some form of work experience within the profession before applying for training contracts, or longer placements for QWE for the SQE.
The profession has increasingly placed a premium on previous experience when deciding whom to recruit and many larger organisations use vacation or shorter work experience placements as part of their recruitment process. Legal work experience provides aspiring solicitors with the opportunity to:
- gain exposure to legal work and therefore the ability to make an informed career choice
- prove their commitment to joining the profession to prospective employers
Where competition for work experience is intense, individuals may be faced with a choice between taking placements under conditions that are not in their best interests, or not taking placements at all.
This environment raises significant issues for equality, diversity and social mobility, both for students and for the future of the profession.
3. The purpose of work experience
(a) For the student
High-quality work experience should provide:
- insight and information about careers in the legal profession
- the chance to learn about and develop the key skills needed in the legal profession, and
- sufficient exposure to legal work to enable the individual to make an informed career choice
(b) For the firm or organisation offering work experience
Offering work experience can offer several benefits for your business, including:
- assisting in the recruitment of potential future employees
- complying with corporate social responsibility and/or equal opportunities objectives of your organisation
- raising your organisation’s profile, improving community relationships, and greater networking and marketing opportunities
4. Good practice
In order to be fair and accessible, work experience opportunities should:
- be clearly defined
- be openly advertised and fairly recruited
- be remunerated to national minimum wage or above, where possible
- cover reasonable expenses incurred by participants
(a) Defining work experience
Employers should set clear expectations when advertising and offering work experience placements, including, but not limited to:
- how long the placement will last
- the normal hours of work you expect the individual may attend
- whether the placement will be paid or unpaid
- expenses that will be reimbursed
- what type of work the individual may be expected to observe or undertake
While there is no legal requirement for a written work experience agreement, it can be helpful in order to clarify:
- the role of the individual on work experience during the placement
- start and finish dates
- hours of attendance
- any specific learning objectives, and any induction or training procedures
- methods for reimbursing expenses
- health and safety matters, and any welfare or safeguarding issues (as appropriate)
- confidentiality and data protection
The Information Commissioner's Office (ICO) has warned employers about the importance of making sure that temporary staff who regularly handle personal information receive adequate data protection training.
This is likely to be relevant to temporary employees in an office where solicitors work because of solicitors’ duties of confidentiality and the sensitive nature of the personal data they handle.
Whether or not there is an agreement, the work experience provider owes a duty of care to the law student under Health and Safety law.
If the individual is below the age of 18, it may be necessary to consider certain measures for their protection under the Management of Health and Safety at Work Regulations 1999 (see Regulation 3(4) for examples of the requirement for risk assessments).
Terms offered to individuals on work experience should not be unfair or discriminatory in any way.
(b) Advertising work experience
Work experience should be openly recruited to ensure fair access to potential participants. Depending on the size and reach of your organisation, you may wish to advertise work experience placements:
- on your website
- through engagement with local schools and colleges
- at universities
- through the local or legal press
- through a recruitment agency or specialist charity such as AccessProfessions
(c) Remunerating work experience placements
Work experience should be paid to at least the national minimum wage. However, we accept that there will be occasions where work experience placements are unpaid. Examples of when work experience might be unpaid include:
- where the work experience student is still in school or sixth form college
- where a firm does not have the means to pay individuals coming in for work experience and would cease to be able to host such placements if payment was required – this will most likely apply to sole traders, small firms or firms operating in the social advice sector
Where work experience placements are unpaid, they should last no longer than four weeks.
If your organisation needs an individual to perform tasks for a particular period, you should consider the needs of your business. Engaging an individual as a paid employee may serve your purposes better.
You may be able to recruit and retain someone who can assist you efficiently because they are familiar with your business needs and systems, and ensure that you comply with relevant legislation and conduct issues.
(d) Paying expenses
Regardless of whether work experience is paid or unpaid, reasonable expenses should always be reimbursed. This is in line with good practice and may support any social mobility policy your organisation may have.
The type of expenses you wish to reimburse may include basic costs incurred, such as travel or lunch.
When paying expenses you should clearly identify the basis of all payments and reimburse sums against receipts wherever possible.
You should keep receipts and records of any money paid to an individual on work experience.
5. The type of work that should be undertaken
A structured work plan with clear goals and objectives will enable both the individual and your organisation to understand what tasks are to be assigned, and how work is to be managed during the placement. This should enable individuals to make the best use of their skills and to gain valuable, structured experience.
Where there is capacity, it's preferable to nominate one individual to mentor the individual on work experience and provide feedback on their performance. In the case of those under 18, you should consider whether this may give rise to any safeguarding requirements.
The tasks that are appropriate for an individual to undertake will depend on the level of legal education and training already received. For example, tasks relevant to an individual who has not yet started their legal education may be less appropriate for an individual who is part-way through, or one that has completed a law degree – and vice versa. Therefore you should consider the tasks allocated to each individual carefully.
The purpose and potential benefit of work experience will change depending on an individual's:
- stage reached on their legal pathway (whether to qualify as a solicitor or other legal career)
- knowledge, skills and experience
The following examples may be useful when considering appropriate tasks to allocate to an individual, but are not intended to be definitive or restrictive.
Tasks for those studying for A Levels
- Shadowing fee-earners and attending appropriate meetings for the sole purpose of exposing them to a 'day as a solicitor'
Tasks for those studying at degree level, or who have completed their degree
- Work as above
- Working on example files, based on matters that have already been completed
- Meaningful administrative tasks, such as helping put together bundles or files
- Basic research on areas of law
- Qualitative legal work and research which is not billed to clients – this may include researching an area of law and drafting a memo to the trainee solicitor or solicitor working on the case
- Where appropriate, reading the background to a case at the same time as a solicitor, and discussing the claim's merits
It is not appropriate for an individual undertaking work experience at your organisation to:
- perform billable client work, or
- be expected to work outside of the hours agreed as part of the work experience agreement
6. Feedback and references
At the end of the placement, you should have a final meeting with the individual and give them a written factual reference detailing the:
- work they've undertaken
- skills and experience they've gained
This is particularly important where an individual may wish to use a longer placement towards their QWE for the SQE. Any work undertaken should be noted against the relevant competencies and confirmed as appropriate.
This meeting will also give you an opportunity to ask for feedback on the quality of the work experience.
Gathering information and feedback may prove useful when you're considering offering work experience in the future, as well as when considering future recruitment.
7. Other considerations
Organisations offering work experience placements should carefully consider any employment law implications that may arise. Be aware that data protection, and anti-discrimination and health and safety laws will also apply.
In some cases, child protection legislation may also be relevant.
- an individual may be protected by discrimination legislation even if they are not engaged by your organisation as a worker or an employee
- it is appropriate to ask work experience participants to sign confidentiality agreements
- where students aged under 18 are on office premises, you should consider whether there should be at least one person in the room with a Disclosure and Barring Service (DBS) check, depending on the circumstances and nature and regularity of the work involved
You should also:
- consider which files are appropriate to disclose to those under 18 years old, both in terms of the inability of under 18s to consent to a confidentiality agreement, and whether all material is appropriate – for example, cases relating to child abuse or sensitive material relating to relatives, neighbours, school friends or anyone likely to be known to them
- make sure you get each client's consent before disclosing client information or records, or allowing work experience students to attend meetings with clients or where client matters are discussed
It's important to be transparent with clients regarding the fact that you may periodically have work experience students on the premises, and to indicate what age group these students fall in to. Clients must:
- know whether and to what extent students may have access to their confidential information and records, and the controls that are in place
- be given an opportunity to refuse to allow such access, and assurances as to the mechanisms by which it can be prevented if necessary
The government has produced a common best practice code on high-quality internships.
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