In England, the choice between becoming a solicitor or a barrister is like two sides of the same coin. Both allow you to work in the legal field, represent the rights of individuals or entities, draft legal documents, and practise law. However, each path offers distinct status and requires a unique route to qualification.
Before deciding on your transition, it is essential to consider your area of law, the time you are willing to dedicate to the process qualifying as a barrister, and the financial costs involved. Understanding these factors will guide you in making the best decision.
Whether you’re preparing for SQE1 or SQE2, our specialised resources are here to guide you every step of the way:
Solicitor vs Barrister
Solicitors and barristers play different but complementary roles in the legal system, each contributing to the judicial process. Solicitors typically:
- provide client consultations,
- draft legal documents, and
- represent clients in lower courts
They may work in law firms or as independent practitioners.
In contrast, barristers specialise in representing clients in more complex cases, usually in higher courts e.g. the High Court of Justice, the Supreme Court. Their primary responsibilities include:
- participating in legal proceedings,
- developing defence or prosecution strategies, and
- preparing and presenting evidence in court.
They are experts in the court advocacy, examination in chief and cross-examination. This is why the vocational component assessments play a vital role in qualifying as a barrister. Barristers usually do not work directly with clients, except when they receive instructions through a solicitor. Solicitors often engage barristers when a case requires representation in a higher court.
Key Steps for Aspiring Solicitors
If you are a lawyer from another jurisdiction with a focus on corporate, business or international commercial law, requalifying as a solicitor in England might be a suitable path. The work of corporate solicitors in England is very similar to that of lawyers specialising in corporate law in many countries, including Ukraine, where the author of this article is originally from.
To requalify as a solicitor in England, you must prepare for and pass the SQE 1 and SQE 2 exams. You may self-study for the SQE1 or prepare with an SQE training provider. Choosing a suitable training provider is especially essential for the SQE2, which is a very practical bar exam and requires a deep understanding of how to practise law in the UK. If you are a qualified lawyer or other qualified legal professional in certain jurisdictions, you may be eligible for the SQE2 exemption.
For example, Ukraine is one of those, which entitles Ukrainian advocates to be exempt from the SQE2 exam. It is known as SQE2 agreed exemption.
Once ready, you must register for the exams via the Solicitor Regulation Authority (SRA) website.
Alternatively, you may be eligible for an SQE 2 exemption based on your experience. It is known as SQE2 individual exemption. So, the exemptions are often granted if you have already completed similar assessments or training in another jurisdiction, or if you possess significant practical legal experience. You can find more information about exemptions on the SRA website and check the eligibility criteria for applying for one.
Obtaining exemptions from the SQE1 or both SQE exams is challenging. To qualify for these exemptions, you must demonstrate that you have covered and passed all the SQE subjects. For instance, you might be a graduate of one of the Legal Practice Course programmes or have passed the first stage of the Qualified Lawyer Transfer Scheme while also covering any SQE subjects not included in the scheme, such as those studied through the Chartered Institute of Legal Executives (CILEX).
Step-by-Step Guide to the Bar Transfer Test (BTT)
If you are an overseas lawyer or legal academic from another jurisdiction and wish to practise as a barrister in England and Wales, you must undergo a so-called ‘transfer to the Bar’. Depending on your qualifications and experience, while transferring to the UK Bar you may be eligible for so-called ‘bar exemptions’ from some or all of the training requirements for the Bar.
Bar Transfer Test exemptions or waivers are granted on a case-by-case basis. You may be required to pass assessments as part of the BTT if no exemptions are available. To apply for an exemption, you must submit a BTT application detailing your qualifications and experience. The application form and guidelines are available on the Bar Standards Board website.
Even if you are granted exemptions, you may still need to complete a period of pupillage (BTT pupillage) or work-based learning before being authorised to practise as a barrister. During this period, you will also need to complete the Professional Ethics assessment unless you are specifically exempted. Detailed information on the Bar Transfer Test exemptions (Barrister training waivers) and requirements can be found in the Bar Qualification Manual.
Timeframe and Costs
The time required to qualify as a solicitor or barrister in England can vary significantly. On average, the qualification process for foreign-qualified lawyers or other qualified legal professionals can take anywhere from 1 to 5 years, depending on the chosen route and individual circumstances. The cost of preparation will depend on your selected provider – whether it is a certified provider offering online courses or a higher education institution. Be prepared for a financial commitment, as costs can vary based on the training provider and the specific path you take.
In conclusion, foreign transferring lawyers who wish to practise as a solicitor or barrister in England require careful consideration of your legal background, the area of law you wish to specialise in, and the financial and time commitments involved. Whether you choose the SQE requalification route to become a solicitor or apply for the Bar Transfer Test to become a barrister, both paths offer distinct requirements and potential exemptions based on your qualifications and experience. Ultimately, your decision should align with your career goals, existing legal experience, and the type of practice you wish to build in the English legal system.
