Why Do Foreign Lawyers and International Candidates Underperform?

1. Different Legal Systems

One of the main reasons is the difference between legal systems. Most international lawyers come from civil law jurisdictions, where legal reasoning, sources of law, and educational methods are fundamentally different. In many areas, civil and common law systems are not just distinct – they are nearly opposite.

These foundational differences make it much harder to interpret and apply English law in the way the SQE1 demands – particularly when answering scenario-based MCQs under time pressure.

2. Legal Education Gaps

Civil law legal education tends to be highly theoretical and essay-based, while the SQE focuses on the application of law to facts and practical exams. This shift – from memorising codes to applying statutes and case-law precedents to real-world scenarios – is extremely challenging, especially without prior UK education and training.

Without a UK LLB or equivalent, many foreign candidates struggle to grasp the format, expectations, and core content of English legal education. An LLM can be helpful as it provides a good sense of the educational approach — but it’s not the same, unless it’s an SQE LLM.

3. Language Barriers & Lack of English Legal Terminology

Foreign lawyers often have to mentally translate English law concepts or terminology before they can answer SQE1 questions. This slows down reading and increases the risk of misunderstanding. Reading speed and comprehension also impact performance under time pressure.

We’ve worked with candidates whose legal education originated in civil law jurisdictions but who were already qualified in a common law system — typically via the New York Bar. These individuals generally found it easier to requalify in England and Wales via SQE, even if their first law degree was from a civil law country, because they had already learned to distinguish and navigate different legal frameworks.

4. No Exposure to Practice Exams

In many countries — particularly those with civil law systems — legal education focuses heavily on theoretical knowledge. Even when multiple-choice questions (MCQs) are used, they typically test abstract concepts rather than practical application. This is fundamentally different from the SQE1 exam, where single-best-answer MCQs are built around practical, scenario-based situations that reflect the decisions a solicitor must make in real life.

Essay-style exams in civil law jurisdictions may involve some case-based analysis, but they still fall short of simulating day-to-day legal tasks. This lack of exposure becomes even more problematic for the SQE2, which is entirely made up of realistic simulations such as client interviews, advocacy, legal drafting, and case analysis — designed to test whether the candidate can perform as a solicitor in England and Wales.

This gap in experience means that foreign lawyers and students often face a steep learning curve, both in understanding how English law is applied in practice and in mastering the format of SQE assessments.

5. Lack of Exam Technique

SQE1 is not just about knowing the law — it’s about spotting key facts, eliminating wrong answers, and managing time. Many foreign candidates haven’t encountered single-best-answer MCQs or similar to SQE computer-based assessments in legal settings, especially those from civil law backgrounds.

The SQE1 assessment is live and evolving. Since its introduction, Kaplan — the exam provider — has actively refined its approach. The questions have become more nuanced and significantly more difficult than those seen in the early sittings. Candidates can no longer expect straightforward recall SQE 1 or MCT QLTS questions — they now face often complex scenario-based questions that require subtle legal reasoning, critical thinking, and practical application of the law.

This makes SQE1 very different from the earlier QLTS MCT assessments, which some foreign-qualified lawyers may be familiar with. We strongly recommend reading our full article “SQE vs QLTS Explained: Key Differences for International Lawyers” to understand how the new structure impacts foreign candidates.

Finally, remember: if you’re exempt from SQE2, SQE1 is the only exam you’ll face — and the SRA wants to ensure it’s sufficiently robust. As such, it’s increasingly becoming the more demanding stage.

With the right strategy, and exam training specifically tailored for foreign lawyers, success is possible — but the exam must be taken seriously.

6. SQE Prep Not Designed for Foreigners

Today, the SQE market is crowded with providers. Almost all UK universities now offer SQE preparation courses or SQE-based degrees — but these are overwhelmingly designed with domestic candidates in mind. For foreign lawyers and international students, the content often remains inaccessible, unadjusted for language barriers, and assumes familiarity with UK legal education and practice.

This makes preparation more challenging — though not impossible. An SQE1 LLM is generally a good option for some foreign candidates; while expensive, it at least provides a recognised UK law degree alongside exam preparation. Many of the international candidates we support have chosen this route — and still find they benefit enormously from our foreigner-tailored SQE materials to supplement their studies and bridge the gaps left by standard courses.

Moreover, the SRA does not regulate SQE providers: anyone — even those who are not solicitors — can set themselves up as a provider. Indeed, there are many private tutors and small outfits advertising SQE training who are not on the solicitors’ roll (something you can and should check). With dozens of providers now in the market, it can feel overwhelming to choose wisely.