Liberty and the legal services act

The new qualifying regime for solicitors in England

Abstract

Seeking to assure consistent standards, and to promote diversity, the solicitors profession in England has adopted two different approaches to qualification, terminating in a capstone examination.  One is by a funded government apprenticeship of 5-6 years, and the other is almost entirely open.  Candidates in the latter may in principle choose how to prepare for the examinations and compile the necessary work experience in up to four different organisations.  This article shows how the two routes are characterised by different concepts of “liberty”.  Further, it uses Fraser’s axis of recognition and retribution and Youngs’ concept of oppression, to interrogate the extent to which each is capable of contributing to a statutory obligation to promote diversity in the profession.  Whilst there are overlaps, it concludes that, in principle, an apprentice achieves qualification because of their job, but a candidate in the open route may need to do so despite their job.