Annex II      Periods of supervised practice

 

Length Supervisor requirements Prescribed content or outcomes Sign off or assessment Availability of part-time or integrated models
Barristers One year pupillage (possible reduction for relevant prior experience) A barrister who
  • Is registered with the Bar Standards Board,
  • holds a current practising certificate,
  • has practised for six out of the last eight years,
  • has regularly practised as a barrister over the past two years
  • is entitled to exercise a right of audience before every court in England and Wales in relation to all proceedings. There is training for supervisors through the Inns of Court and circuits.

 

Pupillage must take place within an Authorised Training Organisation.

Pupils must achieve a stated minimum level of competence, with specific reference to advocacy.Core:
  • Conduct and etiquette
  • Advocacy
  • Conferences and Negotiations
  • Drafting, paperwork and Legal Research
  • Specialist work is likely to form a fifth element.
  • Pupils may in principle undertake fee-earning work in the second 6 months. Prescribed courses must be completed during pupillage.

 

Certification by pupil supervisor, director of training and head of chambers using pupillage checklists. Part-time pupillage is available in principle. BPTC must be completed prior to entry into pupillage.
CILEx members (to 2013) Five years qualifying employment Employment must be:
(a) by a solicitor or a firm of solicitors in private practice;
(b) by a Licensed Conveyancer or a firm of Licensed Conveyancers; or
(c) by any firm, corporation, undertaking, department or office where the employment is subject to supervision by a Fellow, Solicitor, Barrister or Licensed Conveyancer employed in duties of a legal nature by that firm, corporation, undertaking, department or office.

 

This must be work of a legal, as distinct from an administrative nature. Completion confirmed on application for fellowship. Three of the five years may be concurrent with study. The final two years (post level 6 assessment) must be consecutive. There is provision for part-time work and for breaks in employment. Up to 43 weeks spent on an LPC can be counted as part of the period.

 

 

Length Supervisor requirements Prescribed content or outcomes Sign off or assessment Availability of part-time or integrated models
CILEx members (from 2013) Three years qualifying employment employed by either:
  • an authorised person in private practice;
  • an organisation where the employment is subject to supervision by an authorised person employed in duties of a legal nature by that firm, corporation, undertaking, department or office; and in each case, the trainee must undertake work that is wholly of a legal nature[1] for at least 20 hours per week.
Work-based learning competencies divided into eight areas;
  • practical application of the law and legal practice,
  • communication skills,
  • client relations,
  • management of workload,
  • business awareness,
  • professional conduct,
  • self awareness and development;
  • working with others.
Assessed by reference to a portfolio and supporting documents. Two f the three years may be concurrent with study. The final two years of qualifying employment prior to application for Chartered status must be consecutive. There is provision for part-time work (in the 20 hours requirement) and for breaks in employment of up to 12 months. Up to 43 weeks spent on an LPC or BPTC can be counted as part of the period.
Costs lawyers Three years relevant work experience No specific provision as to the nature of supervision. In costs law and practice ACL/CLSB may audit alleged relevant experience to ensure it was achieved and was indeed relevant.' Period may be before, during or after the period of study and need not be continuous.
Licensed conveyancers At least 1200 chargeable hours based on 25 supervised hours a week for 48 weeks A licensed conveyancer, a solicitor or a FILEX who in either case is entitled to offer conveyancing services directly to the public Assisting in the provision of conveyancing services. A practical training checklist sets out a number of tasks to be performed during the period. For each period of training the trainee will be required to submit a statement to the Council, signed by the supervisor giving an account of the training received. If the supervisor is not 'qualified' as above, the statement must be countersigned by a 'qualified' person. Only after all the examinations have been successfully completed or been exempted and practical training certificates have been submitted to the CLC can a first licence be applied for.' Normally in parallel with study for CLC assignments and examinations.
Notaries (Master of the Faculties, 2009) Normally two years Supervision by a notary with at least five years experience. Notaries carrying out probate or conveyancing may have supervision from solicitors or licensed conveyancers with experience in the fields. Notarial practice Supervision involves visits and inspection of work and mandatory course attendance (which may be examined). The supervisor then indicates whether the notary is fit to practise.

Scrivener notaries (who must first have qualified as a notary) are required to undertake two years training with a scrivener notary involving inspection of work and the possibility of final assessment by viva
Supervised practice is post-qualification.

 

Length Supervisor requirements Prescribed content or outcomes Sign off or assessment Availability of part-time or integrated models
Patent attorneys (European qualification) Not less than three years Supervision by a professional representative or as an employee dealing with patent matters in an industrial company. The trainee must take part in 'a wide range of activities pertaining to patent applications or patents'. Period must be completed at the date of the EPO examination.
Patent Attorneys (domestic qualification) Not less than two years Supervision by a registered patent attorney or by a barrister, solicitor or advocate engaged in or with substantial experience of patent attorney work in the UK.NB: 'unsupervised' practice of no less than four years relevant work is an alternative Practice in the field of intellectual property, including 'substantial experience of patent attorney work' Evidence of this experience (eg, in a training diary) may be required on application for registration. Period often in parallel with study and assessment.
Registered trade mark attorneys Not less than two years Supervision by a registered trade mark attorney or by a barrister, solicitor or advocate engaged in or with substantial experience of trade mark attorney work in the UK.NB: 'unsupervised' practice of no less than four years relevant work is an alternative Practice in the field of intellectual property, including 'substantial experience of trade mark attorney work' Evidence of this experience (eg, in a training diary) may be required on application for registration. Period often in parallel with study and assessment.
Solicitors Two years (possible reduction for relevant prior experience) Supervision by a solicitor with at least five years experience, a barrister or a legal executive. The training contract must be with an authorised Training Establishment. The compulsory Professional Skills Course (part of which is examined) must be completed by the end of the training contract. Completion is certified by the Training Establishment. Trainees must be provided with:
  • Practical experience - by secondment if necessary - in at least three distinct areas of English law[2]
  • Development of skills in both contentious and non-contentious work
  • Development of skills needed in practice (Practice Skills Standards
  • Guiding and tutoring in professional conduct, ethics and client care
  • Gradual increase in level and complexity of work.
  • Proper supervision
Training record of experience must be kept. Sign off is by training principal. Training contracts may be full or part time following completion of the LPC or part-time study contracts, where work is full time and study of QLD, GDL or LPC is part time. Variants allow for the elective stage to be disaggregated and taken into the workplace.

 

 



[1] Defined as work that ‘involves the application of the law or legal practice or procedure in areas such as:

  • taking instructions;
  • advising and making recommendations;
  • drafting documents;
  • undertaking legal research;
  • corresponding with the parties to an action or transaction;
  • making decisions in a legal matter based on legal principles or rule of law;
  • representing in negotiations and submissions’.

[2] Compare, however, the Republic of Ireland, where the training contract must encompass: conveyancing, landlord and tenant and litigation and two of wills, probate and administration/commercial, corporate, insolvency/other specialisations including criminal or family law.