What is Work Based Learning for intending solicitors?

WBL requires candidates to compile a portfolio of evidence demonstrating that they can meet a set of learning outcomes. They are assisted by a reviewer who meets them at least four times during the period of WBL (currently two years, to coincide with their training contract if they are trainees). At the end of this period, candidates submit their portfolio of work for assessment.

The evidence submitted needs to demonstrate competence in at least three different practice areas, one of which is contentious work.

The outcomes are set by the SRA.

The key characteristics of the scheme of Work Based Learning piloted by the SRA were:

1. Trainee solicitors were required to pass the assessment of their portfolio at the end of their period of Work Based Learning in order to qualify as solicitors. This represents an end to the time served nature of the training contract.
2. Trainee solicitors must demonstrate their competence by compiling evidence which showed that they could meet the learning outcomes set by the SRA. Their work is therefore assessed against a set of objective criteria.
3. Each trainee had a seat supervisor, responsible for their day to day work, and a reviewer, who reviewed the evidence in a trainee’s portfolio, provided feedback and reported to the firm on the trainee’s progress.
4. Firms had to manage their trainees through WBL. They needed to ensure that trainees gained access to the type of work which enabled them to meet the outcomes. Through the review process, firms were able to judge whether a trainee was on target to meet the outcomes. If a trainee was struggling, firms needed to implement strategies to support the trainee. This might be additional training or closer supervision.
5. The portfolio was assessed at the end of the period by an assessor.

Work Based Learning for Trainee solicitors and Work Based Learning for paralegals

A controversial aspect of the SRA’s pilot was that it includes two very different schemes:

1. Work Based learning for trainee solicitors as summarised above.

   Work Based Learning makes the route to qualification more demanding for trainees because of the assessment which they must pass in order to qualify.

2. Work Based Learning for paralegals not employed on traditional training contracts.

   On the other hand, for LPC graduates who are employed as paralegals, Work Based Learning opened (as piloted by the SRA) up the opportunity to qualify regardless of whether they had a training contract. This aspect of the pilot has been the most controversial. Firms commonly have different recruitment channels for paralegals and trainee solicitors, and might not necessarily employ individuals on a trainee solicitor basis who they employ as paralegals. Paralegals are commonly employed to do a specific type of work and may not have access to the range of experience required for Work Based Learning. Some paralegals are not directly supervised by a solicitor, and so finding a suitable seat supervisor may be problematic. All these potential issues will need to be addressed before Work Based Learning can be rolled out for paralegals as well as trainee solicitors.