Saturday, 15 August 2009

Which experience would be considered while working in a Solicitor’s office?

According to the SRA regulations, Overseas Lawyers are required to gain at least two years’ work experience in legal practice in a common law jurisdiction of which at least one year must have been gained by practising the law of England and Wales. This experience must have been gained either in a firm or other organisation regulated by the SRA or under the direct supervision of a solicitor (must have held a current practising certificate when they were supervising you and have previously held at least four such practising certificates) who had been admitted as a solicitor in England and Wales.

Further, it is required that the experience should be gained in three distinct areas of law and experience of both contentious and non contentious practice. The length and nature of this experience must have been sufficient to give you a reasonable insight into the practice of law in those areas. You may have gained this experience either in England or Wales or your common law jurisdiction

Newly qualified advocates can also apply for a certificate of eligibility before they meet the above experience requirement. Overseas Lawyers are required to provide the SRA complete evidence of their experience till date. The SRA may consider your experience and issue a conditional Certificate of Eligibility with details of any further experience you will need to gain prior to making an application for admission to the Roll of Solicitors of England & Wales.

The following explains what can be considered by the SRA as sufficient proof of your work experience:

POST QUALIFICATION/ADMISSION
  • Legal employment in the office of a solicitor or lawyer in private practice.
  • Any period spent in practice at the Bar i.e. tenancy or squatting.
  • In house legal employment in a legal department headed by a solicitor or barrister qualified in England & Wales of at least 5 years standing with

    o Crown Prosecution Service
    o Her Majesty’s Court Service,
    o The Civil Service,
    o Local Government,
    o a Public Authority or Commerce or Industry
  • Time spent in the UK based law firms as paralegal, legal executive or legal clerk under the supervision of a qualified solicitor.
  • Experience gained overseas may count if this has been gained in a common law jurisdiction.

PRE QUALIFICATION/ADMISSION

Pre qualification/ admission experience is usually counted only where it is normal practice for a trainee to complete a period of practical training, ‘articles’ or a training contract as part of the training scheme in certain jurisdictions.

The SRA will also consider as standard, any experience gained after you have taken the relevant qualifying examinations (e.g. Bar Exams) in your home jurisdiction. Consideration of experience not falling into one of the above categories will need to be referred to an adjudicator once an application has been made.

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