As the legal landscape becomes increasingly globalised, Australian lawyers are exploring opportunities to cross-qualify in the UK. This dual qualification can open doors to exciting career prospects, broaden professional networks, and enhance earning potential. However, the process requires careful planning and consideration.
In this feature article, we delve into the key requirements, steps involved, and potential challenges of cross-qualifying as an Australian lawyer in the UK. We spoke to Duha Al Hassnawi, an Australian foreign lawyer based in London, for her insights on the dual qualification process. Duha is currently enrolled in The College of Legal Practice’s SQE1 prep course.
The Path to Dual Qualification: Requirements and Steps
“Australians will need to follow the same procedure as any other international student or applicant wishing to qualify,” Duha explains. “They will need to complete all the steps set out by the SRA to qualify as an English solicitor. The route to qualification is now through the Solicitors Qualifying Examination (SQE), and the four parts to the route, include passing the SQE1 and SQE2 exams, completing the Qualifying Work Experience (QWE) element and passing the character assessment.”
Although, if you are a lawyer admitted to practice in Australia, you can bypass this process by registering as a foreign lawyer.
“This allows them to work as an Australian foreign lawyer,” Duha says. “However, there are limitations to this route. They won’t be able to practice all areas of law, and I understand they cannot go to court and work in litigation. This option is often preferred by those interested in corporate or commercial law.”
“If the applicant is already an admitted Australian lawyer with a practising certificate and wants to qualify as an English solicitor, they can be exempt from the qualifying work experience element and potentially some parts of SQE2, depending on their area of practice,” Duha says. “However, they will still need to pass SQE1, which focuses on the law of England and Wales.”
You can find more details on SQE exemptions for qualified lawyers here and more details about the SQE here.
Navigating the Transition: Advice for Australian Lawyers Seeking UK Qualification
Duha suggests that potential applicants first consider their desired area of practice in the UK. She notes that if corporate or commercial law is the goal, registering as an Australian foreign lawyer might be a more straightforward route.
Duha noted four key considerations for Australian lawyers seeking to qualify in the UK.
- Your salary may be lower (depending on practice area)
“The legal market in the UK is much more saturated than in Australia, making it highly competitive,” Duha explains. “Generally, earning potential as a solicitor is higher in Australia compared to the UK. I would say the only area where salaries would be significantly higher in the UK is corporate law, particularly in the magic circle, silver circle, and American law firms.”
- Do you see yourself living in the UK?
“It would be wise to consider cross-qualifying if you envision yourself living in the UK,” Duha says. “I recommend visiting for a while to see if the UK is truly right for you. Australia is quite different from the UK, especially in terms of weather, housing, and other factors. It’s important to remember that being a city lawyer in London is often idealised!”
- It can be difficult to switch between specialties
“It’s crucial to avoid specialising in a field you don’t enjoy,” Duha cautions. “Switching specialities in the UK can be quite challenging. For instance, if your CV highlights property law experience, you might only be considered for property law roles. Therefore, your initial job is significant because it can influence the trajectory of your career.”
- The UK legal system can significantly differ from ours
“Australian lawyers have an advantage due to their familiarity with the common law concepts and legal principles that form the foundation of the UK legal system,” Duha says. “Nonetheless, there are significant differences in legal procedures, courts, and legislation that will require some training and adaptation to navigate.”
The Rewards of Dual Qualification: Benefits and Opportunities
Duha highlights the numerous professional and personal advantages that Australian lawyers can reap by cross-qualifying as UK lawyers. These benefits include:
- Expanded Career Opportunities: Cross-qualifying allows Australian lawyers to practice in the UK, opening up job opportunities in a wider range of legal markets and firms, including international law firms with offices in both Australia and the UK.
- Enhanced Marketability: Being qualified in both jurisdictions makes lawyers more attractive to employers who value versatility and a broad understanding of different legal systems. This is particularly beneficial for lawyers working in areas like international law, commercial law, or cross-border transactions.
- Higher Earning Potential: Practising in the UK, especially in London, can lead to higher earning potential compared to many Australian markets. This is because the UK’s legal industry offers competitive salaries, particularly for those working at top-tier firms (i.e. Magic Circle, American firms).
- Diverse Legal Experience: The UK legal market offers exposure to legal issues that Australian lawyers may not be familiar with, including European Union law.
- Global opportunities: UK qualifications are often recognised or valued in other common law jurisdictions, which can offer further opportunities to work in countries like Hong Kong, Singapore, or the Middle East.
- Professional Development and Expanded Client Base: Cross-qualifying can demonstrate a high level of professional development and offer access to a larger client base who appreciate your experience and knowledge.
Understanding the UK Legal Market
While the UK legal market offers numerous opportunities for Australian lawyers seeking to expand their careers, it's essential to understand both the advantages and challenges associated with navigating this complex legal landscape.
Advantages:
- Commercial Law: "Australian lawyers with experience in commercial law, such as mergers and acquisitions, corporate governance, and contract law, can benefit from their transferable skills in the UK market."
- Dispute Resolution and Arbitration: "Australian lawyers familiar with common law principles and international arbitration rules can find their skills highly applicable in the UK's dispute resolution and arbitration market."
- Banking and Finance: "Given London's status as a global financial center, Australian lawyers with expertise in banking, finance, and capital markets have many opportunities. Their familiarity with complex financial instruments and regulatory frameworks can be advantageous."
- Construction and Infrastructure Law: "Lawyers with experience in construction law, project finance, and infrastructure projects can leverage their skills in the UK, given the similarities in common law principles applied in both jurisdictions."
Challenges:
The practice areas where cross-qualified lawyers might face challenges are those that are highly jurisdiction-specific, such as:
- Regulatory law: Tax law, competition law, and financial services regulation.
- Family law: Localised UK laws.
- Property and real estate law: Localised UK laws.
- Public and administrative law: Due to the differences in government structures between Australia and the UK.
- Employment law: As UK law in this area is heavily influenced by the European Union.
Please note these observations are based on Duha's personal experiences and may not fully reflect the experiences of others in the UK legal sector.
Cross-qualifying as an Australian lawyer in the UK presents a unique opportunity to expand career horizons, gain exposure to diverse legal markets, and potentially enhance earning potential. While the process requires careful planning and consideration of the challenges and benefits involved, the rewards can be substantial. By understanding the requirements, navigating the transition, and leveraging the advantages offered by the UK legal market, Australian lawyers can position themselves for success in this thriving legal market with dual qualification.
Background on The College of Legal Practice
You may not know that one of the Colleges in The College of Law Group specialises in qualification via the SQE. The College of Legal Practice is a fully accredited postgraduate law school based in the UK. All their training is fully virtual so students can study for the SQE from anywhere across the world. If you would like to find out more about preparing for the SQE exams with The College of Legal Practice, please visit their SQE Hub.
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