QLTS School is today the premier provider of QLTS courses and consulting services for the QLTS assessments.

We are the only provider that offers preparation courses for the MCT, OSCE and TLST. We have been offering our services since the commencement of the QLTS in September 2010. We have a proven track record of candidates who successfully passed all QLTS assessments, first attempt.

Marc Piano, Director of Marketing at QLTS School and QLTS School’s Client Services team, will host a free, hour-long webinar: “Introduction to the QLTS Course”.

The webinar will cover the following topics:

• Why become an English solicitor?

• The QLTS assessments

• Why do you need a QLTS Course Provider?

• The MCT course (including demonstration of the online training system)

• The OSCE & TLST (practical assessments)

The webinar is intended for anyone who is still undecided whether to take the QLTS or to sign up for a course.

Register for the webinar >>>

https://www3.gotomeeting.com/register/672946750

We hope to see you there.

Taylor Hannon
QLTS School
Tel: + 44 (0) 207 117 6077
Email: info@qlts.co.uk
Website: www.QLTS.co.uk

Two directors of a private limited company are seeking a written resolution from the members of the company in order to remove a director from his post before the end of his term. The director in question believes the resolution must be a special resolution and passed at a meeting of the members, rather than by a written resolution. The articles of association of the company are silent as to the ways directors can be removed from their office before the end of their term.

Which of the following best describes the legal position?

A. A resolution to remove a director is a special resolution and must be passed a meeting.

B. A resolution to remove a director is a special resolution but can be passed by a written resolution.

C. A resolution to remove a director is an ordinary resolution, unless the company’s articles of association state otherwise, and can be passed by a written resolution.

D. A resolution to remove a director is an ordinary resolution, unless the company’s articles of association state otherwise, and can be passed in a meeting or by a written resolution.

E. A resolution to remove a director is an ordinary resolution according to the Companies Act and cannot be passed by a written resolution.

E is the best answer. A resolution to remove a director is an ordinary resolution according to the Companies Act 2006 (the Act) and cannot be passed by a written resolution. Generally, a resolution is an ordinary resolution unless the company’s articles of association state that a higher majority is required than in an ordinary resolution. However, there are some instances in which the Act states that certain decisions by the members are considered to be ordinary resolutions or special resolutions. When the Act states that an ordinary resolution is required – such as a resolution to remove a director before the expiration of his period of office (section 168 of the Act) – this is applicable despite any requirements of a higher majority being made by the company’s articles. The Act requires that a special notice will be given to the company at least 28 days before the meeting at which the decision to remove the director is moved. The Act also states that a resolution of a private company to remove a director or auditor before the expiration of their term in office may not be passed as a written resolution (section 288 of the Act).

Q1 2013 is set to coincide with the publication of significant reports and investigations concerning legal education and training, which will have an impact on the QLTS.

The QLTS milestone will be the three-year review of the scheme in March this year. However, we will also see the publication of the long-awaited LETR report, whose publication date has slipped from December 2012 to some time in January.

Here at QLTS School, we will do the reading for you and present articles that focus on research and reports that include the QLTS.

Independent research concludes that the QLTS assessments are ‘robust’, the rationale for the assessment methodology is ‘strong’ and having a single assessment provider ‘safeguards assessment standards’. But there is room for improvement, particularly in support for QLTS candidates.

The report, by ICF GHK for the SRA, was conducted in advance of the SRA’s three-year review of the QLTS assessments and the renewal of the contract with Kaplan as sole assessment provider. The report was commissioned to help the SRA assess, amongst other objectives:

“whether in order to enable the SRA to promote the regulatory objectives and principles of good regulation (and in particular the SRA‟s ability to set and maintain standards and to act in the best interests of the consumer), there is an optimum number of assessment bodies, or whether a sole assessment body is most effective in fulfilling this objective.”

ICF GHK conducted desk research and interviews with QLTS training providers (including us, the QLTS School), regulators for other professions and regulators for other legal jurisdictions. The report’s 6 recommendations to the SRA were:

“1. Maintain the current single assessment provider model in the short- to medium-term (for the next three years at least).

2. If possible, continue with the existing assessment provider relationship in the next phase, but, in doing so, consider setting an explicit timescale for re-tendering the contract on a competitive basis.

3. As part of the contract re-negotiation with the assessment provider, consider ways in which the risk the SRA of provider withdrawal can be minimised. Some of these options may already be included in the current contract, but in the next phase are likely to include penalty clauses for withdrawal and the possible transfer of some intellectual property for the QLTS to the SRA in conjunction with a future funding approach that ensures that the contract is commercially viable for the assessment provider based on current candidate volumes (which may be assumed to be something of a worst case scenario).

4. Provide additional help to candidates looking to navigate the QLTS training market through, as a minimum, the publication of a list of training providers offering QLTS training (couched as other regulators do by being clear that inclusion on the list is not an endorsement). Provide informal control over this list by ensuring that only providers engaging with the SRA (i.e. attending information sessions) are included on the list.

5. Continue to develop a relationship with training providers offering QLTS without regulating that market. Continuing to offer regular information sessions should be a core part of this activity, but the SRA should also consider offering to attend training sessions in an observer capacity.

6. In light of Recommendation #3, the SRA should consider whether it is possible to make more information about the QLTS assessments publicly-available. As a minimum, there should be a presumption of openness about the exams as seen in other professions and jurisdictions. While it is recognised that publishing multiple choice exams is problematic, a wider range of sample questions may possibly be made available.”

The SRA’s response (for consideration by the SRA Board’s Education and Training Committee (“the Committee”)) notes the report’s recommendation to retain Kaplan and renew the contract, which is a confidential business matter between the SRA and Kaplan.

In respect of the report’s other recommendations in relation to support for QLTS candidates, the response reminds the Committee that the nature of the QLTS is in line with the outcomes-focused approach of the SRA to regulation. In practice, this means a ‘hands-off’ approach to intervention, i.e. regulation of the training market.

As a short-term measure, the SRA proposes publishing a list of ‘engaged training providers’, whilst the more considered matters of the SRA’s relationship with training providers and the publication of further exam questions (beyond the samples already published by Kaplan) be dealt with as part of the SRA’s three-year evaluation of the QLTS, due by the end of March 2013.

Our view? QLTS School is a training provider; it is not our position to comment on whether or not the single assessment provider model is best for delivery of the QLTS: such considerations are a matter for the SRA, and their independent research supports the case for a sole assessment provider.

We certainly support and welcome the recommendations at 4-6 of the report! Each of the training providers offer different approaches to delivering preparation courses. We feel that a publication of the small list of providers by the SRA, without any endorsement or recommendation, is important for the candidates. It’s only fair that candidates be aware of their choices so that they can conduct their own research and choose the provider whose offering best suits their needs and circumstances.

Many candidates, on signing-up, ask us for information about past papers. We have to give them the bad news that there is very limited information about the assessments as matters stand. At the very least, a wider range of sample questions for all three of the QLTS assessments, perhaps with a detailed answer explanation and some commentary as to the structure and approach for select questions will help candidates understand the format and how to prepare for the examination.

We look forward to the SRA’s consideration of the recommendations and await the LETR report and QLTS review with baited breath!

We’ll keep you posted with updates on the implementation of the findings of this report, the LETR findings and the QLTS review!

In December last year, we quietly revamped our MCT packages, adding new features.

As we’ve been flat out updating course content, we didn’t announce the new packages straight away; our priority was to ensure all the course materials reflected the new SRA Day One Outcomes.

The idea was to ‘officially’ announce the new packages in our next webinar (coming later in January) and in a blog post. But people are already seeing the value in the new MCT training courses and signing up, in greater numbers than we expected!

What’s so special about the new offering? The MCT Premium Course includes initial guidance and a tailor-made study plan prepared by a QLTS School senior tutor. The study plan is a suggested calendar for study, with target completion dates for each of the modules and a step-by-step guide to preparation for each Day One Outcome assessed in the MCT. It is prepared after consultation with one of our tutors by telephone and is customised according to the individual needs and circumstances of each candidate.

The personalised study plan is an excellent tool for candidates to make a solid and focused start in their preparation efforts. With suggested yet realistic deadlines, candidates can check their progress and hopefully maintain the self-discipline needed to thoroughly prepare for the ‘gruelling’ (not our words!) QLTS MCT assessments.

So why have we introduced this offering? Easy:

• it’s a good idea; and

• candidates requested it.

Whilst the QLTS Course Handbook – included as standard with all MCT packages – contains generic advice and a blank study guide, we felt it was time to address the needs of candidates who really wanted to hit the ground running or who weren’t quite sure how, when and where to start. After all, there’s a lot of material; the textbooks alone amount to over 2,000 pages!

Candidates often ask: “How long does it take to prepare for the MCT and how long should I spend each week studying?” Without really spending time to understand a candidate’s position, experience, time commitments and needs, neither question can really be answered in anything other than very vague and general terms. Here’s just four of a few reasons why:

• some candidates prepare for the MCT inside of a month (from scratch, we might add!) Others sign-up for the preparation course 3-6 months or even longer. Do you think the same preparation strategies would apply equally to both candidates?

• one candidate may be an experienced civil litigator from a common law jurisdiction who can navigate a contract in her sleep (how’s that for multi-tasking?) whilst a candidate from a civil law jurisdiction may have limited experience working in a law firm with no experience whatsoever of common law;

• if you work full-time, you have less time to study. If you work part-time or can devote yourself to full-time study, you will have more time to prepare;

• Kaplan, the sole assessment provider for the QLTS, provides feedback on the subject areas in which previous MCT candidates did not perform strongly. Perhaps more time should be spent on these areas and less on others? Again, it depends on the candidate.

So check out our MCT course offerings. January is a great time to start preparing for the July MCT – many candidates allow themselves 6 months for study. If you want to really kick start your preparation efforts and take the hard work out of planning your schedule, you should consider the benefits you will enjoy from the initial consultation and personalised study plan offered as part of our new MCT Premium Course.

Whilst South Korea is currently enjoying the spotlight due to rapper Psy’s ‘Gangnam Style’, developments in relation to the market for legal services in the sovereign Asian state present exciting news and opportunities for international law firms and lawyers.

July 2011 saw the EU-South Korea Free Trade agreement come into effect. One consequence was the opening up of the South Korean legal market, which was augmented by South Korea’s granting of licenses for international law firms to open offices in the jurisdiction.

Baker & McKenzie, a UK based international law firm, has recently applied for a licence to operate in the jurisdiction, along with a rash of law firms from across the globe. Coupled with the announcement this month that the Law Society has signed a memorandum of understanding (MoU) with the Korean Bar Association, links between the two jurisdictions are set to get closer and numerous events are planned over the next six months.

The MoU covers matters such as knowledge exchange, seminars and training, international legal services and cross promotion of events, activities and publications, and is set to ensure close ties and working relationships between the two bodies and their members in the future.

South Korean lawyers are already eligible to dual-qualify as English solicitors via the QLTS. Chul-Won Lee was the first South Korean lawyer to do so. You can hear an interview that QLTS School conduct with Chul-Won.

The recent developments in South Korea are the latest in a string of legal markets across the world that are opening up. This wave of liberalisation presents significant opportunities for growth for UK-based law firms they seek to gain a foothold in lucrative new jurisdictions.

Marc Piano, Director of Marketing at QLTS School and QLTS School's Client Services   team, will host a free, hour-long webinar: "Introduction to the QLTS Course".The webinar will cover the following topics:

• Why become an English solicitor?

• The QLTS assessments

• Why do you need a QLTS Course Provider?

• The Ultimate QLTS Preparation Course

• The MCT course (including demonstration of the online training system)

• The OSCE & TLST (practical assessments)

The webinar is intended for anyone who is still undecided whether to take the QLTS or to sign up for a course, or for those who wish to learn more about the QLTS programme.

_{Register for the webinar >>>}

https://www3.gotomeeting.com/register/452404182

Hope to see you there.

Taylor Hannon
QLTS School
Tel: + 44 (0) 207 117 6077
Email: info@qlts.co.uk
Website: www.QLTS.co.uk

This week, the SRA announced additional jurisdictions – Peru and Egypt – whose lawyers are eligible to sit the QLTS assessments and dual-qualify as English solicitors.

Previously forced to dual-qualify through the time-consuming domestic process, Peruvian and Egyptian lawyers can now leverage their international qualifications and experience by taking the fast-track route to English qualification.

With movement in Peru in particular – Legal Week reported recently that Baker & McKenzie are opening an office in Lima through a local merger – all signs indicate that the expansion of law firms across borders and into emerging markets with high potential is set to continue. This may well increase demand for business deals governed under English law – and for dual-qualified lawyers to assist local and international firms with advising on the English law aspects of a transaction.

This news, combined with the Multiple Choice Test Assessment (MCT) being offered for the first time in New York in January 2013, was confirmed by the SRA as being in response to increased demand for the QLTS from eager international lawyers. SRA Policy Director, Jenny Crewe, stated in the press release: “Over the past year, we've seen increasing number of applications from jurisdictions from all over the world so this is opening up accessibility to lawyers wishing to practise in England and Wales.”

Demand for English-qualified solicitors globally is not set to slow; in a recent interview, Oliver Brettle – London Managing Partner of global law firm White & Case – confirmed the demand for English law in global business and the benefits of dual-qualification.

TheCityUK – a lobby group that “champions the international competitiveness of the financial services industry” – has published a London Employment Survey, from which the Law Society Gazette quotes a 3.3% rise in the number of “legal service employees” in the first half of 2012, to 118,700.

Whilst the legal services sector is the third largest sector by employment in the City of London –  behind management consultancy and accounting and banking – it saw the biggest increase in jobs in the first half of 2012.

Not all of these employees are solicitors, of course; SRA figures show that there are 127,109 practicing solicitors in total on its books. Nor do we have details of what these recent jobs are or in which practice areas.

But the news offers a glimmer of hope that the professional services sector in the City of London, at least, appears to be faring reasonably well despite a bleak economic outlook, nationally and internationally; a recent Legal Week article highlights the contraction in both local and global merger markets

Commenters on the Law Society Gazette website deride the story, arguing that the employment picture outside the City of London is quite different.

Interestingly, the Law Society Gazette story also cites figure released by the SRA showing an additional 185 Registered Foreign Lawyers (“RFL”) practising in England and Wales in September, bringing the total number of RFL to 1929. This is in marked contrast to the August 2012 figure of 1744, 108 RFL fewer than were practising in July 2012.

Anecdotally, recruiters elsewhere in England have told QLTS School staff that the market is not as tight as it was even 6 or 7 months ago at some levels and in some areas of practice, but that law firms and clients alike are still feeling the squeeze of a sluggish economy. We are not out of the woods yet and this story needs to be read in context.

Nonetheless, these figures – including the increase in RFLs – are indicative that growth remains – albeit muted – in the professional services sector in the City of London, and that London remains the world’s premier financial centre.