If you’re looking to qualify as a solicitor of England and Wales, you’re probably already aware that from September 2021, a new centralised assessment was introduced: The Solicitors Qualifying Examination (SQE exam).
It was developed by the Solicitors Regulation Authority (SRA) to replace the Graduate Diploma in Law (GDL) and Legal Practice Course (LPC) for candidates in England and Wales and the Qualified Lawyers Transfer Scheme (QLTS) for lawyers from elsewhere. The SRA is the sole assessment provider of the SQE exam.
It’s an entirely new way of testing your lawyering skills and legal knowledge. You can now take the SQE1 exam, which comprises two substantive and procedural law tests, and the SQE2 exam, where you’ll have to pass 16 tests assessing your practical legal skills.
Demonstrating your practical ability is just as important as having a high level of legal knowledge, so participants taking the SQE will also need to complete two years worth of qualifying work experience.
What is the pass mark for the SQE exam?
The pass mark for the SQE assessment is scaled depending on how difficult the tests are and how well your fellow candidates perform. There is no standard pass mark or grade. Instead, those who pass are expected to have level three competency as stated by the SRA’s Threshold Standard.
To pass the SQE assessment, you must first pass the two SQE1 tests (if you fail one but pass the other, you have to retake both) before taking and passing the practical legal skills assessment and oral legal skills assessments of the SQE2. Unless you’re a qualified lawyer, you’ll also have to show that you’ve undertaken two years of work experience.
In this article, we’ll explain how you’ll be assessed in more detail and go through what your options are if you fail.
How will I be assessed for the SQE exam?
Before you can apply to become a solicitor in England and Wales, you have to pass both parts of the SQE assessment and complete two years of Qualifying Work Experience (QWE). The older routes of taking a Graduate Diploma in Law (GDL) or a Legal Practice Course (LPC) are being phased out.
SQE1 exam
Two exams make up the SQE1: The FLK1 and the FLK2 (Functioning Legal Knowledge 1 and 2). Each of them lasts for five hours and six minutes, and you must take the two parts in a single assessment window. They’re both closed book, and each one comprises a series of 180 multiple-choice questions, whereby you’ll be given a scenario and asked to choose between five possible answers. One of the answers will be the best response, while the others will be incorrect, partially correct or won’t reflect a proper application of the law.
The questions are designed to test your approach to some of the legal issues you may encounter as a newly qualified solicitor, with a great emphasis on ethics and professional conduct. You’ll be expected to demonstrate your honesty and integrity in accordance with the SRA code of conduct.
For each correct response, you will receive one mark. No marks will be deducted for incorrect answers. However, if you give multiple responses to one question, your answer won’t be counted. You’ll then be awarded an overall percentage mark for each of the tests.
The FLK1 covers:
- Business law and practice
- The legal system of England and Wales
- Dispute resolution
- Contract law
- Tort law
- Constitutional and administrative law and EU law
- Legal services
The FLK2 covers:
- Wills and the administration of estates
- Property practice
- Trusts
- Land law
- Solicitors’ accounts
- Criminal law
- Practice law
SQE2 exam
The SQE2 is made up of two parts (oral and written). However, you’ll be given one pass mark for the assessment as a whole.
There are 16 tests in total: Four oral assessments, which take place over two half-days and 12 written assessments, which take place over three half-days.
As well as completing the written parts of the assessment on a computer, you’ll be assessed on your practical skills via role-play scenarios, covering solicitor-client interactions, court-based procedures and file reviews.
The examiner will provide everything you need to complete the assessments for you, and you won’t be permitted to bring any other materials into the examination centre.
The exams aren’t designed to test how well you can memorise legal knowledge, although you will be required to demonstrate that you can apply fundamental legal principles in a way that addresses a client’s needs and concerns.
Each task that makes up the SQE2 is referred to as a ‘station’. The interviewing stations will be marked on skills by an assessor playing the role of the client, while all other stations will be marked on both skills and application of the law by a solicitor.
You’ll be assessed based on global professional judgements rather than a checklist approach. For each station, you’ll be given a grade from A to F, according to your performance. These are then given a numerical score and added together to provide a total. Your final percentage score is an average of all your station scores.
The SQE2 oral legal skills assessment covers:
- Client interviewing with linked attendance note / legal analysis
- Advocacy
The SQE2 written legal skills assessment covers:
- Case and matter analysis
- Legal research and written advice
- Legal drafting
- Legal writing
Qualifying Work Experience (QWE) for the SQE
You’ll need to complete two years’ full-time (or part-time equivalent) Qualifying Work Experience (QWE) to qualify as a solicitor of England and Wales through the full SQE route.
To qualify through the LPC route, you can use passing the SQE2 and QWE as an equivalent to a period of recognised training (training contract).
QWE can be paid or volunteer work, but it has to be confirmed by a solicitor or Compliance Officer for Legal Practice (COLP) who either works at your workplace with you or has direct knowledge of your work.
You’ll need to demonstrate your competency across a wide variety of areas, some of which are:
- Ethics
- Managing yourself at work
- Technical legal practice
- Professionalism and judgement
- Working with others
If you’re unsure whether a particular role covers all of the necessary competencies, your current employer or hiring organisation should be able to confirm this for you. It’s worth bearing in mind that you can gain QWE in different roles within the same organisation.
You have a few options when it comes to obtaining QWE. It can be done in England, Wales or overseas, and it doesn’t have to cover English and Welsh law. You can complete it in either a single two-year block or in separate stages across a maximum of four organisations, and it can even come from experience gained prior to starting your SQE. You can also do it in between or after sitting your SQE1 and SQE2 exams.
Some examples of QWE include:
- Working in a law clinic
- A placement during a sandwich law degree
- Voluntary or charitable work at an organisation like Citizens Advice or a law centre
- Working as a paralegal in a law firm or an in-house legal department
- Time spent on a training contract
If your role isn’t grounded in legal work, it’s unlikely to be QWE. Here are some examples of roles that don’t count as QWE:
- Admin, IT, finance or marketing work – even if it’s within a law organisation
- A placement consisting of a single repetitive and limited task
- Simulated legal services
You can find out more about Qualifying Work Experience on our dedicated FAQs page.
When will I get my SQE exam results?
Before you sit your assessments, you’ll be given a date by which you can expect to receive your results.
The date is usually six to ten weeks after taking the SQE1 and 14 to 18 weeks after you’ve taken the SQE2.
You’ll receive an email confirming that your results are ready, and you’ll be able to see them when you log into your SQE account.
Your results will be broken down as follows:
- Your overall mark as a percentage score
- The pass mark for the exam
- Whether you’ve passed or failed
- How many attempts you’ve made
- The date you sat the exam
- The date your results were published
- Candidate quintiles so you can compare your results with other candidates
Can I retake the SQE exams if I fail?
You’re allowed a maximum of three attempts to pass each of the SEQ1 or SEQ2 exams. If you fail either of the FLK1 and FLK2, you have to retake them both within the same assessment window.
You have to pass all exams within a six-year period, starting from the date of your first attempt at the SEQ1 exam to the date you get your final SQE2 exam result. If you fail any of the SQE assessments three times within this time frame, you’ll have to wait until the six years are up before you can reapply, and you’ll have to start from scratch. Although, in exceptional circumstances, candidates can apply to the SRA to extend this six-year period.
It’s also worth noting here that you won’t be able to resit an assessment that you’ve passed simply because you’re unhappy with your results.
Can I appeal if I disagree with my SQE exam results?
If you disagree with the results of your exam, you can make a first stage appeal on one or more of the following grounds:
- The decision of the assessment board involved material irregularity, or it was manifestly unreasonable or irrational
- You disagree with the assessment board’s findings of improper conduct or malpractice
- There are mitigating circumstances that you were unable to put before the assessment board before it made its decision
Mitigating circumstances are defined as evidence of bias during the assessment, an irregularity or mistake in the conduct or administration of the assessment or illness or other personal circumstances beyond your control that affected your performance in the assessment.
Following a first stage appeal, you can make a final appeal on the grounds that the decision of the first appeal involved material irregularity or it was manifestly unreasonable or irrational.
To make a first stage or final appeal, you must do so in writing in accordance with the SQE Appeals Policy, and you’ll have to pay a fee. However, this will be refunded if an error is found.
Summary
From September 2021, lawyers wanting to qualify to become a solicitor of England and Wales have to take the SQE assessment, which will replace the GDL, LPC and QLTS.
There’s no pre-determined overall pass mark, meaning whether you pass or fail depends on the difficulty of the tests and how well the other candidates perform.
The SQE exam consists of two parts: The SQE1 and the SQE2. The SQE1 assesses you on your functioning legal knowledge and professional conduct via two multiple-choice tests lasting just over five hours each, while the SQE2 is a two-part oral and written assessment in which you’ll need to demonstrate understanding of a client’s needs and concerns within a legal context.
Unless you’re already a qualified lawyer, you’ll also need to complete two years of Qualifying Work Experience (QWE). This can be done before, during or after sitting your exams. You’ll be tested on your ethics, professionalism, judgement and ability to work with others by a solicitor or Compliance Officer for Legal Practice (COLP) who has direct knowledge of your work.
If you fail the SQE, you’re able to resit each exam up to a maximum of three times within a six-year period. If you don’t pass all of the exams within six years, you won’t be able to carry any pass marks forward, and you will therefore have to start again from scratch.
There are options to appeal if you disagree with your results.