Solicitors with civil higher rights poised to overtake criminal


Courts: Slow increase in solicitor-advocates

The number of solicitors with civil higher rights of audience is poised to overtake criminal for the first time, Solicitors Regulation Authority (SRA) figures have shown.

Meanwhile the regulator said that although most legal practice course (LPC) providers told it that 2024 would be their final year, some indicated that they would continue beyond 2026, under the transitional rules for the introduction of the Solicitors Qualifying Exam (SQE).

The education and training annual report for the year to 31 October 2023, released last month, said that over the past seven years, there had been “a gradual increase” in the number of solicitors with a higher rights of audience qualification.

“This is largely due to the increase of individuals with a qualification to appear in civil cases, while there has been a drop in those who have rights for criminal cases and a slight decrease for those with both.”

The SRA said the number of solicitors with civil higher rights had grown from over 1,900 in 2015/16 to over 2,800.

Meanwhile the number of those with criminal higher rights shrunk from 3,300 to just under 3,000. The result was that the proportion of civil solicitor advocates, at 40%, was almost the same as criminal solicitor advocates, with 41%. The remaining solicitors were qualified in both.

Researchers said the number of solicitors qualifying through the SQE were “already increasing”, rising from 437 in 2021/22 to 1,469 in 2022/23.

“The majority of those individuals are qualified lawyers – these are lawyers who have qualified in other jurisdictions or are a qualified lawyer in England and Wales, such as a barrister.”

Solicitor apprenticeships grew sharply, with new registrations for 2022/23 up by a third on the previous year (777 compared to 584).

In a separate report on the SRA’s education and training authorisation and monitoring activity for 2022-23, the regulator said it held meetings with providers last year, as part of its monitoring activities, to gain insights into their plans for delivering the LPC.

“Nearly half of the LPC providers reported that their final student intake was in September 2023.

“Most providers reported the 2024 intake would be the final year they would offer the LPC. However, some indicated that there was some demand for the LPC among cohorts still eligible to take the LPC under the transitional arrangements, and so they would submit plans for extending their course validation beyond 2026.

“All providers demonstrated that they are informing students about the phase-out of the LPC, clearly indicating when resit assessments will be available and outlining options for students who wish to qualify through the LPC route before the 2032 deadline.”

The SRA said the number of students enrolling on the LPC decreased by 35% from over 18,900 in 2021/22 to 12,200 in 2022/23.

Successful completion rates for the LPC increased overall, with 57% of students completing the course in 2022/23, up from 48% in 2021/22 and returning to pre-Covid levels.

However, “significant differences in successful completion rates between providers persisted, ranging from 32% to 100%”.

The SRA said various factors, “such as student ability, engagement, teaching quality and assessment arrangements”, may influence the rates. However, “firm conclusions” could not be drawn.

“The wide differences in completion rates between providers was one of the reasons we introduced the SQE.”

The figures, which did not name the providers, showed that the top four all achieved 100% pass rates, while the bottom three achieved results of 40%, 37% and 32%.

The regulator commented: “In addition to this, there is significant variation between providers in terms of the proportion of students obtaining ‘pass’, ‘commendation’ and ‘distinction’ grades. It is unclear what the reasons are for such a wide disparity in grades awarded.

“There are large differences in the size of course providers and the number of students studying. LPC cohorts range from fewer than ten students to many thousands of students, spread over multiple locations.”




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