Addressing the Skills Gap for Trainee Solicitors Under the SQE 

The Solicitors Qualifying Examination (SQE) was introduced with the ambition to standardise the path to qualification for solicitors in England and Wales. It has been largely welcomed as a positive change, promising greater accessibility, flexibility, and a more consistent standard of competence across the legal profession. However, as the first cohorts progress through this new system, concerns have emerged about a notable skills gap that trainee solicitors face once they complete the SQE assessments. 

While the SQE tests core legal knowledge and practical legal skills, it leaves several essential competencies underdeveloped. This article explores the key areas where trainee solicitors may find themselves lacking and how law firms, in-house legal teams, educational providers, and the trainees themselves can bridge these gaps effectively. 

1. Advocacy Skills 

Advocacy has long been considered a cornerstone of legal practice, but the SQE offers limited focus on this critical area. A solicitor’s ability to settle disputes, develop trial strategies, and handle witnesses is paramount, particularly for those who aspire to work in litigation or contentious law. 

Settling Disputes and Trial Strategy:

While the SQE includes a brief introduction to dispute resolution, it doesn't dive deeply into negotiation techniques, tactical settlement planning, or the nuances of keeping disputes out of the courtroom. Trainee solicitors must learn the concept of these skills to navigate these situations in the future, whether that involves advising clients on out-of-court settlements or preparing a case for trial. 

Handling Witnesses:

Equally, the art of witness handling, whether during depositions or at trial, is a complex skill which should be introduced at an earlier stage as they require confidence, intuition, and an understanding of human behaviour. It is crucial that trainees gain exposure to real-world scenarios and real-time feedback in order to develop their instincts and hone their craft. 

2. Business Development Skills 

The modern solicitor is no longer just a legal adviser; they are also a trusted business partner, especially in-house. Yet, the SQE provides little grounding in business skills that are increasingly vital in a competitive legal landscape. 

Commercial Awareness and Business Development:

Clients expect their solicitors to have a strong grasp of the business context surrounding their legal needs. This requires commercial savviness: an understanding of industries, market dynamics, and how legal advice fits into broader business strategies. Furthermore, solicitors are often expected to contribute to business development, requiring basic knowledge of networking, client acquisition, and maintaining long-term relationships. 

Effective Commercial Contract Drafting:

The ability to draft commercial contracts that are both precise and practical is another key skill. Drafting is tested in the SQE, but often without the necessary depth that comes from understanding the business implications of legal terms. Trainees need to learn how to craft agreements that protect their clients’ interests while maintaining the flexibility to adapt to changing circumstances. 

3. Communication Skills 

Communication is at the heart of legal practice. From business writing to negotiating deals, the ability to convey ideas clearly and persuasively is crucial. However, the SQE's focus on communication is narrow (client interviewing in SQE2), leaving significant gaps in areas essential to daily legal practice. 

Effective Business Writing:

Trainee solicitors are expected to draft clear, concise emails, reports, and legal documents. Yet, many struggle with business writing because it is not sufficiently covered in the SQE. Mastering how to communicate in writing, whether to colleagues, clients, or opposing counsel requires an understanding of both legal and business perspectives. 

Meetings and Negotiation:

Similarly, the art of conducting meetings, what to say, and how to say it are often learned on the job rather than during qualification. Negotiation skills are crucial for solicitors in almost every legal field, whether they are trying to close a deal or settle a dispute. Trainees need to understand not only how to present their own position but also how to read the room and adjust their approach accordingly. 

Presenting and Report Writing:

Public speaking and the ability to present complex legal arguments to a range of audiences are undervalued in the SQE. Solicitors must also be skilled in report writing, condensing detailed legal analyses into actionable advice for clients. 

4. Personal Management Skills 

The pressures of legal practice, whether time management, dealing with stress, or overcoming imposter syndrome, are also overlooked in the SQE. 

Time and Stress Management:

Trainee solicitors must manage competing deadlines, long hours, and client demands while maintaining a high standard of work. The legal profession is notoriously stressful, and new solicitors need tools to manage their workload effectively, without sacrificing their well-being. 

Project Management:

Complex legal cases often involve multiple tasks, timelines, and team members. Trainees need to understand the fundamentals of project management, from delegating tasks to tracking progress, to ensure that cases are handled efficiently and meet client expectations. 

Imposter Syndrome and Innovation:

Many young solicitors struggle with feelings of inadequacy, particularly in a high-pressure environment. Trainees need support in recognising their strengths and building confidence. Additionally, embracing innovation—whether through legal tech or alternative working methods—should be encouraged, as the legal profession continues to evolve at pace. 

The SQE is Still a Positive Step Forward 

Despite these skills gaps, it’s important to recognise that the SQE represents significant progress. It introduces greater consistency and transparency into the qualification process, removing barriers and providing flexibility that benefits a wider pool of aspiring solicitors. Furthermore, many of the practical skills that are lacking in the SQE can be developed through targeted training in the workplace or through supplementary courses offered by educational providers such as BARBRI.  

The SQE should be seen as a foundation. It lays down the essential knowledge and competencies, but it is the responsibility of employers and trainees to build upon that foundation with real-world skills that will enable solicitors to thrive in practice.