This assignment requires us to critically analyse the statement that “the legal profession professes to be accessible and diverse in targeting and recruiting law graduates to the Legal Practice Course and the Bar Professional Training Course, as well as the legal profession as a whole.” This statement will be considered with reference to the cost of professional courses, changes to the professional training courses and profession, consideration of the number of training contracts/pupil ages as against the number of graduates, ethnicity and my own individual skills and experience. After considering in detail the statement above I will consider my own skills to determine my suitability for my chosen career path as a commercial solicitor.
There are many types of careers that can be pursued within the legal system, however they generally fall into two categories that of solicitor and barrister. It is without doubt that perhaps one of the biggest hurdles to a career in the law is the cost of the vocational element of the training. There is no doubt the cost of the professional courses for barristers and solicitors is high and increases every year. The current years fees are anything from £9,000 to £12,000 for the year. The fees do vary depending on where you complete your LPC and BVC, and increasingly as it matters what university you attend for your degree, it matters where you complete your professional course. Callaghan [1]provides a warning to law students stating that it is important where you study the LPC; however, on the other hand he also points out that students should remain realistic about their career path given the tough competition for training contracts. The cost of the LPC/BVC demonstrates the need to obtain a training contract or pupilage for two reasons, the first is with the hope of securing funding for completion of the course, (although this is becoming increasingly rare) and the second reason is so that the individual is guaranteed paid employment and the ability to complete their professional training upon completion of the vocational course. As we will discuss in more detail below the prospect of finding employment after completion of the academic and vocational training is a daunting one. Whilst the purpose of this discussion is to look both at the BVC and the LPC the main focus of the discussion will be the LPC as this is my chosen career path.
The LPC and BVC have very recently been reviewed by their respective governing bodies in order to consider whether or not changes could be made to the courses to ensure that they are more aligned with the career paths chosen by students. Considering first some of the changes in relation to professional training courses, it appears that there has not been a great number of changes in recent years, however that a number of changes are proposed to the existing system. One such change is the introduction Clifford Chance, in conjunction with the College of Law, of a fast-track seven-month Legal Practice Course; this has also been introduced by BPP Law School in conjunction with other City firms. As this is at an early stage it remains to be seen as to whether this will lead to a two-tier legal education, and whether all students would be able to cope with the intensity and work demands of a shortened course[2]. There is no doubt this evidences the increased pressure on law graduate and demonstrates quite clearly law firms to receive more for the money that they invest into trainees. By placing their graduates on a shorter more intense Legal Practice Course they ensure that they start receiving a return on their investment some five months earlier and also will involve working for them during their Legal Practice Course. Other changes are being trialled to create a more flexible vocational route; these will be discussed in more detail below.
Whilst attempts to improve the vocational training for solicitors and barristers are admirable, it is no secret that the number of Law Graduates vs. the number of training contracts and/or pupil ages represents a mismatch. In a recent Law Society report it was identified that the individuals who have completed the vocational element of the course far exceeds the number of training contracts that are available, and that many of those who have completed the LPC find themselves taking paralegal positions to wait for training contracts that they have managed to secure several years hence.
Several factors have influenced this mismatch and added to the increased competition for training contracts and pupil ages. The most oft citied are of course the recession and the fact that there is increasingly year on year more students opting to take law degrees and the preceding professional courses. Brassey identified this problem and considers that given the high cost incurred by law students pursuing vocational courses , as discussed above there is a need for changes to the system to prevent so many from being allowed to train where there are no positions available for them to complete vocational training[3].
Such is the problem that the Law Society’s intends to launch a campaign aimed at encouraging school and university students to think twice about a career in law in light of the increasing gap between the number of students completing the LPC and the number of training contracts available. This appears to create an apparent conflict between the campaign and efforts to encourage greater diversity amongst entrants to the legal profession[4], which is discussed in more detail below.
It is without doubt that whilst the profession seeks diversity, there are still large sections of the community that are poorly represented in the legal profession, at least in senior positions. Given the current difficulty with securing training contracts and pupilages the position does not look set to improve in the near future. The Solicitors Regulation Authority reviewed the existing LPC course in December 2009 and recommended a number of changes to the course, primarily designed to provide students with greater flexibility[5]. They also identified that students who completed the LPC in the academic year 2006/7 demonstrated that there was a significantly lower pass rate for students from some minority ethnic groups compared to white students and highlights that the issues of inequality in performance on the LPC previously researched by the Law Society continue to exist. It was hoped that the increased flexibility “in the new policy would be able to provide opportunities for courses to be designed to suit the study preferences and prior educational experiences of different groups of students[6]”
The same research by the SRA demonstrated that Data from 2006/7 and the findings of the 2004 research indicate that generally men do less well on LPCs than women. This is surprising given the representation of women in the law generally which indicates that women although now well represented in the profession as a whole are poorly misrepresented in the ranks of partner and other senior legal advisors. In fact statistics demonstrate that only 10% of QC’s are women and only 23% of all senior partners are women, and whilst this represents a vast improvement, it still quite frankly is not good enough. In a recent report by the University of Westminster it was that the legal profession as a whole is ‘segmented and stratified’ along the lines of gender, race and class[7].
The report was a result of interviews carried out with 77 lawyers, those training to be lawyers and former lawyers, and some diversity managers. The responses demonstrated that those interviewed believed that the allocation of work in firms was unfair such that it fostered the careers of some but that this was at the expense of other lawyers. This research also believed, unsurprisingly that, powerful senior figures, ‘generally white men’, tended to foster the careers of ‘young white men’ in what is a ‘white, male elitist’ profession[8].
Given the decreasing number of training contracts and pupilages and the increasing number of candidates, law firms and barristers chambers can afford to be very selective in their recruitment process. Most law firms (particularly commercial law firms) have a rigorous selection procedure for trainees. Graduates are required to perform to a high standard throughout their degree course. Then at the selection stage they are tested both in writing and verbally at interview on their ability to solve problems, express them clearly and commercial awareness. This is a rigorous process often spanning over several days[9].
Having considered a number of aspects of legal training it is clear that there are a number of criticisms levied both at the training and the legal profession more generally. One such critic is Michael Zander[10]who argues that both the academic and the vocational elements of legal training should be fused in such a way that during the academic stages of training, students are taught basic skills such as drafting and interviewing skills. He also argues that the quality of training received by individuals once they have secured a training contract or pupilage can vary enormously.
Having set out the background to working in the legal profession it is beyond doubt that the career choice of a commercial solicitor is not an easy one and it is an area where there is increasingly greater and greater competition, therefore making it necessary for individuals to have qualities and skills that set them apart from other candidates. However, despite the negativity that surrounds access to the legal profession, especially in relation to female ethnic groups, the legal profession is still a great profession to be in and remains my career of choice. I see aspects of the legal profession described above not as obstacles but challenges which I need to overcome to qualify in my chosen profession.
It is useful at this juncture to consider the challenges faced above and consider the requirements necessary for my chosen career and demonstrate how I consider myself to be suitable for a career as a commercial solicitor. The first requirement is a good solid academic background; my results thus far in my Law degree demonstrate just that having achieved predominately 2:1 or 1sts in my second year[11]. The second requirement that is clearly necessary for pursuing a career as a commercial law solicitor is excellent commercial awareness, business acumen and an excellent understanding of the commercial environment. This is clearly evidenced from my work experience which can be seen in my CV[12] and I would therefore be able to clearly demonstrate to a potential employer of my knowledge, skills and experience in law, particularly through my exam results and my work experience.
I have several other attributes which make me suitable for my chosen career path. I am organized and this allows me to ensure that tasks are completed comprehensively, and that even were faced with several responsibilities at the same time I am able to work efficiently. I am undaunted at the prospect of assuming responsibility and my aspiration ensures that I am successful in everything that I set out to achieve. Despite being ambitious and forthright I also recognise that there is something to learn, and I will never assume that there is nothing for me to learn from any given situation. Although I am self-confident this does not mean I am conceited, and I am therefore always willing to learn. I approach learning and my career very positively and open minded. I am also of the view that my compassion, sincerity, and trustworthiness are among my supreme assets, and will only assist me in setting out to achieve my goals, both personal and professional. Finally, it is without doubt that the decision to pursue a career as a solicitor, particularly in the commercial field requires a great deal of determination given the increased competition that individuals face. I consider one of my greatest assets to be determination and the desire to complete any task big or small right through the end, irrespective of effort involved. I consider that this individual quality will prove invaluable in pursing my choose career path as a commercial solicitor. Therefore, in conclusion it is without doubt that whilst the statement that the legal profession “professes to be accessible and diverse in targeting and recruiting law graduates to the Legal Practice Course and the Bar Professional Training Course, as well as the legal profession as a whole,” appears on the face of it to be little more than an aspiration, I still believe this to be the career for me. I do need however to improve my public speaking skills and I am taking steps to improve these at the moment. I believe that the difficulties that I face in this area are related to a lack of confidence, so I am taking steps to practice this skill as much as possible in order to improve my skills in this respect.
The discussion above has demonstrated the challenges faced by aspiring lawyers however the above discussion also demonstrates the skills that have that will enable me to take on that challenge head on.
