Admission as a solicitor in England and Wales
- The Qualified Lawyers Transfer Test

Introduction

It is obviously desirable to be admitted as a solicitor in this jurisdiction if you wish to work here for some time; it may also make you more attractive to an English employer - in particular smaller firms. Furthermore if you return to NZ it may add gravitas to your CV if you have qualified in England.

Most City firms will pay the cost of your Qualified Lawyers Transfer Test ("QLTT") and subsequent admission. So if you are confident of gaining City employment you can organise the QLTT examination at your convenience. If you are not so fortunate, you should remember the process takes some time (obtaining a certificate of eligibility to sit the exam can take up to 3 months, and there are only 2 opportunities to sit the test each year (April and October)). The following is a summary of what is involved. Please contact Belinda Moffat, [T (004420) 7859 1905 F(004420) 7638 1112] a member of our Society who works for Ashurst Morris Crisp, if you would like further assistance with any of the issues in this section.

Admission as a solicitor in the United Kingdom based on New Zealand qualifications and experience

New Zealand practitioners wanting to be admitted as solicitors in the United Kingdom enjoy a significant privilege in that they may apply to have their New Zealand qualifications and experience recognised and taken into account by the Law Society of England and Wales ("the Law Society") in determining their eligibility to become English solicitors. If the Law Society considers them eligible they may then sit the Professional Conduct and Accounts head of the QLTT and, upon passing, may apply forthwith to be admitted as a solicitor in England and Wales.

Obtaining a certificate of eligibility from the Law Society

The first step in the process is obtaining a certificate of eligibility to sit the QLTT from the Law Society. The relevant application forms and an information pack can be obtained by telephoning the Law Society's information line 0870 606 2555, or by going to the Law Society website.

The fine print

Regulation 5 of the Qualified Lawyers Transfer Regulations 1990 provides that the Law Society may require that the applicant be someone who:

(a) is a person to whom any of Regulations 6 to 15 applies; and

(b) is suitable to be admitted as a solicitor.

New Zealand practitioners will generally satisfy these requirements by having been a barrister and solicitor of the High Court of New Zealand of good standing with two years relevant experience. If an applicant satisfies these requirements the Law Society will normally issue a certificate of eligibility to be admitted as a solicitor. The certificate will be valid for three years from date of issue and requires an applicant to complete the Professional Conduct and Accounts head of the QLTT before applying to be admitted.

In the event that a practitioner has not had two years post admission experience the Law Society may take relevant pre admission experience into account, or issue a certificate of eligibility with the additional requirement that the applicant gain further relevant experience before being admitted as a solicitor.

The Law Society requires (a requirement that is rigorously enforced) applicants for a certificate of eligibility to submit the following :

Qualified Lawyers Transfer Test

Once an applicant has obtained a certificate of eligibility it is necessary to sit the Professional Conduct and Accounts head of the QLTT. This is a 2 hour written examination. As its name suggests, the test is in 2 parts: (a) Professional Conduct and (b) Accounts. To pass the applicant must obtain (i) an overall mark of 50% and (ii) at least 25% or more in the Professional Conduct part of the exam.

It is not necessary to enrol in a course of study to sit the exam; you can obtain the requisite materials and do it yourself. However there are only two bodies that are accredited to provide tuition and/or to hold the QLTT. In other words to sit the QLTT (whether you enrol for tuition or not) you must make the appropriate arrangements to sit the exam with either:

Admission as a solicitor

Once an applicant has passed the exam and fulfilled any other outstanding condition of the certificate of eligibility, he or she can then apply to the Law Society to have their name entered on the roll of solicitors. This application requires: