Issue 2 - Autumn 2012

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Contents
2
Introduction
3
Abolition of minimum salary for trainees
6
Top 10 tips - Application forms
9
My Story - Cate Hammett
11
Legal Laughs
12
Useful Information
Page 1
We’ve come FLOC-ing back...
Since the release of our last and foremost re-launch issue e-newsletter, things at
FLOC have gotten bigger and better!
Not only are we now fully online and accessible at http://fjglinks.com/FLOC where you can view our
e-newsletters, photos, re-founder profiles and more, we are also available on Twitter at @Future_Lawyers, on
Facebook by searching for 'FLOC' and Linked-In at http://fjglinks.com/FLink.
We here at FLOC are committed to continuing our growing support for all aspiring lawyers, not just in Colchester
but in all surrounding areas and we hope that the materials produced are found useful by those seeking to gain
employment in law.
Welcome to our second, quarterly e-newsletter, continuing on from our breakthrough newsletter in providing
advice, guidance and support for all aspiring legal professionals in Colchester and beyond.
Be sure to look out for our video blogs and other resources on our website coming soon...!
Ashton Carter
Charlotte Digby
Page 2
Solicitors Regulation Approves Abolition of Minimum
Salary for Trainees
It appears that every aspiring solicitor’s lurid scenario has now come to fruition, with news that the
Board of the Solicitors Regulation Authority (‘SRA’) have approved plans to scrap the minimum
salary for trainees in favour of a revised scheme setting a minimum wage for trainees in line with
the National Minimum Wage.
‘Consultation Paper Approved’
The SRA has approved the consultation paper launched on 11 January 2012, within which the SRA argued that
the minimum salary for trainee solicitors was in fact, disproportionate in relation to the national minimum wage,
by way of it having been introduced before the arrival of the national minimum wage in 1982.
At present, the minimum salary for trainees for the year August 2011/12 stands at £18,590 for trainees in central
London, with trainees outside of London can expect to earn a minimum annual salary of £16,650. However, as of
September 2014, these minimums will be abolished in favour of a national minimum wage which currently stands
at £6.08 per hour for those who are over 21, meaning that some trainees can expect to earn as little as £12,000
per annum.
This represents a significant reduction in remuneration for those employed in an industry which, whilst remaining
fiercely in demand for places and training contracts, demands a concerted commitment of time and sacrifice
from its employees.
‘Deferred Implementation’
In response to this, the SRA claims to have deferred the change for two years to minimise the impact on people
already in the training system and allow future candidates to make informed decisions on their situation. The
decision comes after a five-month consultation with the profession and despite concerns that deregulation will
prevent poorer people from getting training contracts.
Despite these claims of deferral, this abolition remains a serious deterrent for all those currently undertaking their
undergraduate or postgraduate degrees, as well as their Legal Practice Course (‘LPC’) with a view to obtaining
a training contract in the next two years. In addition, it also completely negates the reasons for the Law Society
introducing the minimum salary in 1982: in order to protect trainees from exploitation and to encourage
high-calibre graduates into the profession.
Additionally, it represents a significant discouragement for those who are currently considering or studying for a
desired career in the legal profession but have not yet embarked on the academic venture. For the vast
majority, in light of the reforms in relation to university fees, they will be exiting university and law school, with
thousands of pounds of student debt. If they are fortunate enough to obtain one of the lucrative positions as a
trainee in a UK law firm, they will now, instead of spending the first 5 to 10 years of their careers paying off their
loans and fees, spend the best part of their entire careers attempting to payback these vast amounts, whilst
financially struggling throughout the duration of their training contract.
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‘Deregulation could have a Positive Effect’
SRA officials were quoted as saying “the potential for employers to reduce salary levels in the event of
deregulation must be balanced against the fact that the existence of a prescribed minimum salary level that is
higher than the national minimum wage could also be acting as a deterrent to some firms taking on trainees”.
“Deregulation could have a positive effect if some firms decide to start taking trainees or decide to take on
more trainees than they might have done if the minimum requirement remained in force”.
“Currently, many graduates of the Legal Practice Course do obtain legal employment, but as paralegals rather
than trainees. The minimum salary requirement may be a factor in employers choosing to employ graduates in
this way”.
The SRA previously considered abolishing the minimum salary in 2007, but decided against it after a consultation
showed overwhelming support to prevent exploitation of trainees and improve access to the profession.
‘Minimum Salary Out of Step’
In the consultation paper, SRA officials were quoted as saying that the minimum salary for trainees was “out of
step” with outcomes-focused regulation. The SRA also insisted that it was not attempting to control the legal
employment market “in any other way”.
They went on to say: “we do not, for example, set minimum salaries for anyone else providing legal services in a
firm we might regulate or minimum salaries for the provision of particular legal services”.
“We have also looked at the practice in other professions which shows that, with the exception of the Bar
Standards Board, no other regulator included in the sample, prescribes, or suggests, a minimum salary for
trainees”.
“The SRA board is of the view therefore, that there is no clear regulatory justification for the SRA to continue to
set a minimum salary for trainees and we would welcome your views on the prospect of deregulation in this
area”.
Upon the approval of the consultation papers: proposal to scrap the minimum salary for trainees, SRA Executive
Director Samantha Barrass, said:
“We wish to thank everyone who responded to the consultation, and those who took part in the stakeholder
meetings, focus groups, and the online survey for their views and information that were taken into account in
reaching this decision.”
“This decision was based on an objective consideration of very full and detailed evidence gathered through a
variety of sources.”
SRA officials detailed that 30% of trainees were paid just above the minimum wage, but if this was abolished they
would still be ‘protected’ by a national minimum wage of £6.08 per hour.
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‘No Clear Evidence against Abolition’
Executive Director of the SRA: Samantha Barrass was quoted as saying, in light of the approval by the SRA of the
January 2012 consultation paper:
“Our consultation paper explains that there is no clear evidence that setting a minimum salary for trainees fulfils
any of the regulatory objectives within the Legal Services Act”.
“We do not regulate prices, including rates of pay, in any other area of our work. We have compared the
practice with other professional regulators and found very few examples where this occurs”.
“It would appear that setting a minimum salary does not address any identified risk to the public interest or the
rule of law, nor is it clear that it improves access to the profession”.
‘Concerns’
It begs the questions as to why the SRA felt it appropriate to now abolish the minimum salary for trainees, when
staunch opposition and unwavering support has again been demonstrated by trainees, aspiring trainees and
others throughout the profession. Even the board papers themselves admitted that there was a risk that
employers would decide to cut salary levels as a result of deregulation. There were also calls to defer a decision
until the findings of the Legal Education and Training Review were known, none of which were heeded by the
SRA.
Conversely, a minority of stakeholders responding to the consultation, including the Sole Practitioners Group and
some would-be trainees, were in favour of deregulation and the ensuing abolition of the minimum salary for
trainees. They argued it would open the market for training contracts and create more opportunities for
individuals, even if they were on lower-paid contracts.
It therefore seems that the minority have bolstered the SRA’s intention to abolish the minimum salary for trainees
at a time when competition for places in a struggling economy has never been greater.
Whilst it does seem marginally logical in that, at a time where demand for jobs and training contracts are at their
highest, the abolition of a minimum salary will allow firms to save significant expenditure when employing
trainees. However, it is the trainees themselves who stand to suffer on the justification that it is ‘in the best
interests of the profession as a whole’
The pressures placed on aspiring young solicitors are already great burdens for them to bear, but they now have
to contend with both a highly competitive market in conjunction with their ever-increasing level of student
debts. By abolishing the minimum salary for trainees, the SRA have further burdened the future of our profession
in ensuring that they will carry their student debts and repayment obligations, for a considerably longer period, in
light of the lower salaries which will inevitably be offered by firms nationwide.
Only time will tell how this abolition affects the recruitment of trainees and demand for training contracts within
the profession. All eyes will be on the SRA and the legal profession come September of 2014, but there could be
many more developments and twists in the tale until then…
Page 5
Top Tips
Application Forms
Following on from our previous articles giving you all of the inside knowledge and guidance to put
you in the best possible position to obtain a training contract, we here at FLOC wanted to
complete the process by providing you with our top tips for completing application forms.
Application forms are becoming increasingly prevalent amongst potential legal employers, as it allows each
individual firm to tailor the questions asked to meet their particular needs or requirements. In addition, it allows
firms to compare each candidate directly on the basis of answers given, creating a more personal feel for each
applicant as they have the chance to express themselves and appeal to the employer directly.
Whilst for some employers this may mean the traditional paper application form, for others it may consist of an
application form completed and submitted online.
As with all job applications, your form must look professional, be concise and informative, and above all, must
set you apart from all of the other applicants.
To assist you in this somewhat lengthy and gruelling process, we here at FLOC have put together our top ten tips
when completing an employer application form, to give you best chance possible of being successful.
1.
Plan your time - Unlike a CV, which once prepared, is generally sent out to various different employers
without alteration, an application form can take much longer to complete. Often the
application form itself is broken down into a series of questions, which can take a long
time to complete and check thoroughly. It is really important that you dedicate sufficient
time to completing it. It is not just a matter of copying bits from your CV across. Many of
the questions are as detailed as you would get in a face to face interview and therefore
preparation is key.
2.
Keep to the word limits - Often, the majority of application forms and the questions
contained therein are subject to strict word limits for your responses. It is therefore,
extremely important that you do not exceed these word limits as for many employ
ers, you are expected to provide a concise and detailed response within such limits
for specific reasons. If you fail to keep within these limits, it demonstrates to the
potential employer that you are lacking in discipline and are, most unfortunately,
prone to waffle which is not a desirable trait!
Similarly, try to utilise the word limit to its fullest extent. If you have something of importance to say and the
available word limit to include it, make sure you include it as part of your response. Failing to use the word
limit available to you will reflect just as negatively on you as exceeding it.
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3.
Attention To Detail - As with writing a CV, proof reading and ensuring the accuracy of
your spelling and grammar is critical. Spelling and grammatical errors simply
demonstrate your lack of care and attention to detail to a prospective employer. Be
wary when using spell check as, whilst it is a useful tool, it does not always catch all of
the errors that may exist in your application form. Having someone else check over
your application for these purposes is very beneficial...the more eyes the better!
In the unlikely event that the application form is handwritten, ensure that your handwriting is neat and
legible. No prospective employer will waste time trying to decipher what you might or might not have
written due to illegible handwriting.
Finally, make sure you are accurate with the content of your application. Be sure to check all dates and
academic grades are accurate as these will be checked by the employer prior to any potential interview.
Most importantly, check that your contact details are correct. Many employers chose to contact potential
employees by email, meaning that one typo in your email address could be the difference between
obtaining a job or not!
4.
Use any available job description and firm ethos - Should the firm provide any job description, specification
or otherwise, it is extremely important that you utilise this. Utilising such information can
help you clearly Identify the key skills and qualities that the employer is looking for.
Make sure that your answers clearly highlight that you have these skills and more.
In addition, many companies are now using ‘keyword searches’ on application forms
as a method of identifying those which have utilised such ‘buzz words’ present in the
job specification - a means of short-listing for the position. If you have not picked up on
these crucial words or phrases, your chances of getting through to the next stage will be severely reduced.
Finally, make sure you do your research in relation to the particular firm to which you are applying. Most
firms will have a ‘mantra’ or ‘company ethos’ which it is important to incorporate into your application
form. This will show that you have tailored your application form for the particular firm to which you are
applying, further demonstrating your dedication and commitment to the application itself.
5.
Justify your responses and do your research - Application forms often include some of
those questions normally asked at interview, most notably ‘why do you want to work
for us?’ It is therefore, extremely important that you spend time preparing your answer
to such a question as this. To assist you in answering a difficult question such as why
do you want to work for us, make sure that your answer shows you have done your
research on the particular firm. Look at the individual firms’ website and give specific
reasoning proving that you are interested in them, not just applying for any job.
6.
Timing is everything! - Every law firm will have a window for training contract applications. This period of
time usually runs across the summer, two years before the commencement of the training contract you are
applying for. It is very important that you submit your application within the time frame set by the firm as it is
extremely unlikely that any firm will consider an application outside of the specified time. However, every
firm is different so it is also very important to do your research!
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7.
Answer the question! - This may sound like an obvious statement but it is very easy to go
off on a tangent when you are aiming to impress potential employers. It is important to
focus your answer and be concise. It is often helpful to break down your answer into
sections, this is a useful tool and will help add structure to your answer. Potential
employers have asked the question for a reason so it makes sense to answer it!
8.
Commercial Awareness - This is a phrase that you will hear/see on all application forms and you will most
likely get asked about commercial awareness in an interview. This will mostly apply to
the larger and medium sized firms and is a key skill that they're looking for and that
you should be demonstrating throughout the application process.
Commercial Awareness is the ability to view situations from a business or commercial
perspective. This skill is completely non-law related but it is a very important
competency skill that firms will expect you to have.
9.
Keep a copy of your application - You will need a good knowledge of your application
form and the answers that you gave if you are lucky enough to be invited for an
interview. You will inevitably be asked questions about your answers, therefore you will
make a good impression if you have a copy of your application to hand and have
mem orized it!
10.
Never lie - Again, this may seem like an obvious point to make however, it is a common mistake too often
made. A lie will always be discovered at interview stage or before and it is not a good way to begin your
career in the legal profession!
With these tips you should be well on your way to having a first class application form and to securing an
interview. It is tough to even get through the door of law firms in this current climate therefore, having a really
polished application form that stands out from the others will make sure you are ahead of the game.
Look out for our video where the FLOC re-founders will be talking you through these points...
Page 8
My Story
Cate Hammett - More than one way to the top
Everyone assumed that I would progress to teaching having studied these
subjects... so naturally I went into media sales, selling advertising space in
magazines! I enjoyed this job a lot; it was fun and fast-paced and I really enjoyed
the pressure of deadlines and the discipline of targets. It was also very creative, I
often had to overcome objections from clients and find a mutually acceptable
solution. However, this career didn't offer me the mental stretch I wanted and so I
looked into a potential career in law.
Cate Hammett
The first time I went to University was in 2002. I studied English and History and I had
a really great time. I chose the subjects mainly because I enjoyed them, not
because I had any real clue as to what it was that I wanted to do with my career.
I hoped that law would offer me the same things I enjoyed about media sales, but
with a further 'something'. The more I looked into a career in law, the more I liked what I found and subsequently
decided to pursue a position in the legal profession.
In September 2008 I started a 2 year part time course at BPP Law school in London, Waterloo. The course was
called the Graduate Diploma in Law ("GDL") and was designed to convert my current degree to a law degree.
I did 7 modules over 2 years, with option of doing a further 3 modules in an additional final year to make it a full
LLB Law Degree.
I was studying in London every other Saturday from 10.30am to 4.30pm which were long days. On top of all of
the travelling I was doing, the work itself was very challenging! I was really excited to be learning again and it
was good to get back into it. However, this time I had a full time job as well. I had to sit down every night and
read for at least 2-3 hours and do exercises in preparation for the next session of my GDL course. I effectively
waved goodbye to my social life from September 2008!
When my first year exams came round I was really frightened. I didn't have the same camaraderie that I had
had at university during this time because all my class mates were scattered around the country and we didn't
spend a tremendous amount of time together, being that we were studying part-time.
I also had to take holiday from work to attend the exams. In addition, as I had various deadlines to adhere to for
work whilst at the magazine, I would often panic that I wouldn't be allowed the time off. I found that I got quite
stressed too because I couldn't spare any holiday for extra 'study leave' before the exams because I was also
planning on using my holiday for work experience at local firms.
After my first year exams I was relieved to have a break. However, in the back of my mind I knew I had another
year of studying to go and so, I decided to approach some local firms and arranged a few weeks of work
experience over the summer. I felt that I needed this experience so that I could actually see law in practice and
make sure I was working towards something I was sure I really wanted to build a career in.
I was also really keen on making myself known within local firms and getting some contacts in the profession by
showing them how hard I would work for my future. I did this from 2008 when I started studying again and the
Page 9
next time I had a holiday that wasn't used for study leave was 2011. I genuinely wouldn't have changed this
routine though, because each week that I worked for a firm I was learning and experiencing so much that it
significantly helped my studies and completely confirmed that law was what I wanted to do.
By July of 2010 I had completed and passed the GDL, meaning that I was eligible to apply for my LPC. Some of
my friends took this natural break in things to have a year off, and so I decided to go it alone into the LPC. I knew
that if I stopped my momentum then, I would never get it back and also, I was so close to finishing it seemed
nonsensical to not continue.
My LPC started in September 2010. This time I was studying on both Saturday and Sunday from 10am to 5.15pm
every third weekend. The first thing that struck me was that the LPC was worlds away from the GDL. The LPC
required just as much reading, research and attention as the GDL but was much more application focussed. It
made me think about the client and their commercial situation rather than case law and theory.
It was during this first year of the LPC that we did practical assessments; including interviewing and advising,
practical legal research and advocacy. At this point I was still not working in a law firm. I was worlds away from
the profession in that I was still pedalling ad space for the magazine company I was working for and as a result, I
found the transition in working habits really difficult. I had no context of the day-to-day running of a law firm and
more importantly, I didn't know what clients actually needed and how to translate a statute to practical advice.
Whilst I now know that this is a gear change that most students struggle with, at the time I did feel lost. The
amount of reading on the LPC was not as dense and theoretical as the GDL, it was just tricky in a different way!
In February 2011 I was offered a job as a Paralegal at QualitySolicitors FJG, which was really pleasing. Working in
a law firm and studying at the same time helped things to start to make much more sense academically and I
suddenly had so many more resources at my disposal to check my understanding of concepts I was learning.
I completed my LPC in June of this year and being completely honest, the last 4 years have flown by. My friends
and family are incredibly proud of me and all that I have accomplished. I am so pleased I stuck with it as I am
certainly reaping the rewards now that I have obtained a position in the profession.
It has been very tiring, stressful, and has taken up an excessive amount of my time, but it has definitely been
worth it. Unlike some friends of mine who were enthusiastic and motivated in relation to courses they were
starting when I began the GDL, but didn't stick with them, I feel I am now in a much better position both
academically and professionally than I was previously. I personally think that if you really want something and
you have the determination and desire to see it through, then you will do it.
It is not impossible to do a law degree part time but you need to be aware it does own you and occupy all of
your time. However, the rewards at the end of the journey are certainly worth it!
Page 10
Legal Laughs
A selection of the funniest and most bizarre stories, lawsuits and verdicts from around
the legal world
In issue one we gave you three of the most biz lawsuits and verdicts (courtesy of the US Legal System). Well,
to continue that trend we thought it only right to provide you with part 2 of this hilarious instalments!...
Ms
Amber Carson
of
Lancaster Pennsylvania. Ms
Carson
w as
awarded
$113,500 by a jury verdict
after she slipped on some
spilt soft drink whilst in a
restaurant in Philadelphia
and broke her tailbone as a
result…However, the reason
for the soft drink being on
the floor was on account of
Ms Carson throwing it over
her then-boyfriend seconds
earlier! Apparently, people
are no longer responsible for
their own actions!
Ms Kara Walton of Claymont, Delaware. Ms Walton successfully sued the
owner of a night club in a nearby city for $12,000 plus her dental expenses
when she fell from the bathroom window to the floor, knocking out her two
front teeth…suspicious as to why Ms Walton was even on the bathroom
window… it then transpired that the reason for her being on the bathroom
window was that Ms Walton was trying to sneak through the said window in
the ladies toilet to avoid paying the $3.50 entry fee!
Things not to say in questioning
Question: “Do you drink when you’re on duty?”
Response: “I don’t drink when I’m on duty…unless I come on duty drunk”
Question: “Madam, were you cited in the accident?”
Response: “Yes Sir, I was so cited I wet myself!”
Mr Jerry Williams of Little Rock, Arkansas. Mr Williams was awarded $14,500 plus his medical expenses as a
result of him being bitten on the backside by his neighbours vicious beagle even though it was chained up in
his neighbours back garden…strange
…but not as strange as Mr Williams not recovering as much as he had originally claimed for on account of
the jury believing the dog may have been aggravated somewhat on account of Mr Williams climbing over
the fence and repeatedly shooting the dog with a pellet gun!
The world's stupidest laws:
Here are a few of the world's stupidest laws. This instalment
is provided again from across the pond:
Humorous Extracts from Witness Statements
and Case Files:
Some people really have a way with words…
1) Chicago- it is legal to protest naked in front of city hall
as long as you are under 17 years old and possess a
relevant permit.
“The Claimant entered the chip shop and
purchased a bag of chips…he was then
battered by the Defendant”
2) Michigan- A man legally owns his wife's hair, and so a
woman isn't allowed to have her hair cut without her
husband's permission!
“I was looking at a young lady in shorts and the
next thing I knew, a lamp post jumped into my
car”
3) Florida- it is considered an offence to shower naked!
Page 11
Useful Info
Here you’ll find an ever-changing selection of useful contact details, dates and
events that could be of interest to you
Academic:
www.bpp.com
Website of the GDL, LPC, Degree and Legal Careers courses provider and
more!
www.college-of-law.co.uk
Website of the alternative provider of the GDL, LPC, Degree and Legal
Careers courses and more!
www.lawcareers.net
Very useful for the latest vacancies and training contract information
Resource and Legal Research/Information:
uk.practicallaw.com
Database for legal precedents, commentaries, reports and many more
extensive legal resources
www.lexisnexis.com/uk/legal
Provider to the Legal Profession for precedents, resources and the most
extensive online knowledge repository
directlaw.co.uk
Remote client access to legal documentation, including precedents and
information
www.jordanpublishing.co.uk
Specialist website resources for family lawyers including precedents, journals,
commentary and more
General Legal Information:
www.lawgazette.co.uk
Great for all the latest news and vacancies
www.familylawweek.co.uk
The Family Law Weekly website, useful for the latest judgements and
case summaries
www.lawsociety.org.uk
Information on news, events, support and training for all lawyers
www.juniorlawyers.lawsociety
.org.uk
Additional news, reviews and resources for all future lawyers
www.sra.org.uk
Useful information, guidance and explanations in relation to the
regulations governing both future and lawyers
www.qsfjg.co.uk
Useful information on a wide variety of areas of law and a selection of
blogs, videos and other useful resources.
FLOC website
FLOC facebook
FLOC LinkedIn
Design & Production by Matt Cann
FLOC twitter page
Page 12
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