Cross-Border Practising in a Global World
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Cross-Border Practising in a Global World

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Why you should dual-qualify as an English solicitor via the Qualified Lawyers Transfer Scheme (QLTS) ...

Why you should dual-qualify as an English solicitor via the Qualified Lawyers Transfer Scheme (QLTS)

Looking for innovative ways to advance your legal career, enhance your professional marketability and gain more practical legal knowledge?

In this ebook we discuss why becoming a dual-qualified English solicitor - a legal professional in the world's most important jurisdiction and open economy - will change the way you work and what you can do for yourself, your firm and your clients. We show you how a new, global career awaits you.

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Cross-Border Practising in a Global World Cross-Border Practising in a Global World Presentation Transcript

  • Cross-Border Practising in a Global World Why you should Dual-Qualify as an English Solicitor via the Qualified Lawyers Transfer Scheme (QLTS)
  • Table of Contents Introduction................................................................................................................................3 Globalisation of the Legal Profession....................................................................................5 Leading Law Firms are Expanding Globally..............................................................................6 London as a Legal and Business Centre..................................................................................7 The Dual-Qualified Lawyer..........................................................................................................8 Why Become a Dual-Qualified English Solicitor? ...............................................................10 The English Solicitors’ Profession.........................................................................................12 The Benefits of Practising as an English Solicitor.............................................................13 Wanted: English-Qualified Solicitors. Location: Everywhere! .........................................14 LLM v QLTS......................................................................................................................................15 Path to Qualification: the QLTS...............................................................................................16 Taking the QLTS Assessments.....................................................................................................17 About QLTS School ....................................................................................................................18 QLTS School’s Ultimate QLTS Preparation Course..................................................................19 How to Get Started?...................................................................................................................20 PrIncIPles of enGlIsh for non-uk lawyers............................................................................21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
  • Share This Ebook! www.qlts.co.uk Cross-Border Practising in a Global World 3 I n t r o d u c t i o n1 Looking for innovative ways to advance your legal career, enhance your professional marketability and gain more practical legal knowledge? Then this e-Book is for you! As a lawyer, you’re a well-trained, trusted and hard- working part of a prestigious and well-regarded profession, working in a highly competitive environment. You already know there’s a heavy emphasis on Continuing Professional Development (CPD) or Continuing Legal Education (CLE) – developing and honing lawyers’ skills and legal knowledge. It goes without saying that good lawyers are constantly building their portfolio of professional services and expertise, ever on the lookout for ways of advancing their careers. The days of your primary professional qualification being enough to secure your career are gone. The legal market – and indeed the world of business – is changing radically. If you want to carve out your place in the legal world, you need to go beyond the norm. That’s why you’re reading this e-Book!
  • Cross-Border Practising in a Global World 4 Share This Ebook! Many law graduates and lawyers opt for the academic route and pursue a Master of Laws (LLM) degree. There is, however, a substantial increase in the number of lawyers who appreciate that the transformed and evolving legal market requires lawyers to develop and provide an enhanced array of skills and expertise to their firms and clients. In this e-Book we discuss why becoming a dual-qualified English solicitor – a legal professional in the world’s most important jurisdiction and open business economy – will change the way you work and what you can do for yourself, your firm and your clients. We show you how a new, global career awaits you. We will review the new QLTS scheme – introduced in England and Wales in September 2010 – that unlocks the opportunity for lawyers just like you to become an English solicitor through a fast-track route for qualification, without undergoing an internship, traditional training contract or fulfilling any experience requirement. Whether you are newly qualified as a lawyer or a senior partner in your country of residence, whether you plan to live in London or remain in your home jurisdiction, or wherever you are qualified as a lawyer – be it in the U.S., India, Italy, Russia, China or elsewhere – becoming a dual-qualified English solicitor via the QLTS will provide you with more legal knowledge, unique practising skills and an outstanding professional profile. It will also offer you a remarkable opportunity to hold one of the most prestigious titles in the legal profession – an English solicitor. www.qlts.co.uk
  • Share This Ebook! www.qlts.co.uk Cross-Border Practising in a Global World 5 2 G l o b a l i s a t i o n o f t h e L e g a l P r o f e s s i o n Different jurisdictions contain different legal systems. While countries like the UK, the U.S., India, Australia, New Zealand, Hong Kong, Singapore and Pakistan adopt a common law system, other countries, such as most of the European Union Member States, Brazil, Argentina, Mexico, Russia, Japan, China and Turkey, use a codified civil law system. Until recently, most law schools focused on a single jurisdiction legal education based on a far more localised industry. Few lawyers bothered to apply to gain admission to foreign Bar Associations or equivalent Law Societies. Before the dawn of the global village, lawyers could practise law with little if any cross-jurisdictional knowledge. Times have changed, however, and lawyers now form part of an increasingly interconnected world, spanning several jurisdictions and different legal systems. This has spawned a multitude of potential clients, and produces an effect – the need for legal services on an international and global level. National borders are no longer a barrier to doing business. Many organisations either see or enjoy the increased profits and recognition that come with worldwide operations and a global focus. In practical terms, this means more and often higher value transactions that involve parties in different countries and complex issues of fact and law on which considered and trusted legal advice is essential for the protection of all parties. As more companies realise profits from overseas operations and cross-border activities, dual-qualified solicitors are set to play an indispensable role in enabling and protecting global trade and competition.
  • Cross-Border Practising in a Global World 6 Share This Ebook! Global businesses seek equally global law firms, a challenge to which the legal profession is responding rapidly. Some of the world’s largest law firms now have a presence in both major and emerging markets, through mergers and acquisitions or expansion into different geographic areas. Thousands of lawyers may work under the banner of a single firm, yet may be dispersed throughout the world, working and specialising in the legal practice areas that keep the modern global business machine well oiled. Despite doom-laden reports about the current state of the world economic situation, top law firms continue to compete for excellent candidates. There will always be a demand for internationally qualified and deployable legal professionals. The strategy of global expansion and service pursued by law firms – and, most importantly, the increasingly complex demands of their clients – requires the services of foreign and dual- qualified lawyers from an increasingly large number of jurisdictions. In light of this global expansion, Ted Burke, Chief Executive of global law firm Freshfields Bruckhaus Deringer LLP, foresees many opportunities for dual- qualified English solicitors to work on global transactions both in London and beyond, such as Asia, the U.S., Europe and Latin America. The skills and abilities of dual- qualified English solicitors are likely to be more highly sought after and yield further opportunities to live and work anywhere in the world. L e a d i n g L a w Fi r m s a r e E x p a n d i n g G l o b a l l y3 www.qlts.co.uk
  • Share This Ebook! www.qlts.co.uk Cross-Border Practising in a Global World 7 L o n d o n a s a L e g a l a n d B u s i n e s s C e n t r e4 The hub of many business negotiations, transactions and a pre-eminent forum for dispute resolution, London is unquestionably one of the command centres of the global economy. Over half of the FTSE 100 companies, one-fifth of Europe’s 500 largest companies and 75% of the Fortune 500 companies choose to base or have a presence in London. Four of the world’s six largest law firms are headquartered in London, whilst international law firms, particularly from China, are establishing a presence in the city so as to service domestic clients living or working in Europe, as well as competing for a lucrative share of this local legal market. Whether it is finance, insurance, media, banking, trading, advertising or professional services, London offers a business-friendly environment and a central international location. With English law recognised as being the dominant law of business, London is both the natural and preferred city for dispute resolution – whether litigation or arbitration – with a reputation for a fair, efficient and impartial judiciary. A survey conducted in 2010 by Queen Mary, University of London and sponsored by White & Case LLP: ‘Choices in International Arbitration’ - reveals that 40% of the corporations use English law as the governing law of cross-border transactions, followed by 17% who use New York law. Moreover, London was referred to as the most preferred and widely used seat of arbitration or litigation, with a reputation for a fair, efficient and impartial judiciary.
  • Cross-Border Practising in a Global World 8 Share This Ebook! With recent developments and globalisation trends in the legal profession, lawyers are no longer confined to the jurisdiction in which they were educated and qualified. Ambitious lawyers now work and live in various countries throughout the world. An understanding of the local cultural, economic, political and social differences of each jurisdiction, therefore, is an essential component and a practical aspect of the legal services and advice provided by a lawyer. To survive in the new legal order, the new breed of “global lawyers” must provide sophisticated and specialised legal services to individuals and corporate clients of all sizes anywhere in the world. While still few in number, the new breed of lawyers are at the forefront of a movement that is fundamentally changing the legal profession. Demand for their skills and services has increased and is set to rise further. To meet this international demand, “global lawyers” should have a working knowledge and experience of legal systems of their respective jurisdictions and have the legal and regulatory right to practise law in multiple jurisdictions unimpeded. T h e D u a l - Q u a l i f i e d L a w y e r5 www.qlts.co.uk
  • Share This Ebook! www.qlts.co.uk Cross-Border Practising in a Global World 9 We have already discussed the requirements of the legal profession and the changes in the environment in which law firms operate today, but what about the clients? Globalisation trends are changing what clients expect from lawyers. A German company may buy up property in Malaysia, whilst an English electronics company may wish to source component parts from a specialist Chinese manufacturer. Meanwhile, a French company in dispute with an American corporation wishes to have their dispute resolved through arbitration in London. A glance at any good business newspaper will give you a flavour of just how borderless international business has become. Clients today are sophisticated, their expectations are high and they demand effective and immediate results. Clients expect lawyers to make business happen by advising on risk, facilitating transactions and representing and protecting their interests. Lawyers must cover all areas of a transaction, from employment to intellectual property and everything in between. This requires knowledge of local legal systems, international conventions and treaties and of the governing jurisdiction. Today’s clients are drawn to providers who offer a one- stop service, able to offer an intimate knowledge of their client’s business, the continuity and confidentiality of a full-service practice and the resources that allow every part of a client’s business and legal needs to be serviced by one provider. It is therefore apparent that in an increasingly competitive world, lawyers with a dual qualification have a competitive advantage over their colleagues and are, accordingly, able to offer a much more comprehensive service to their clients.
  • Cross-Border Practising in a Global World 10 Share This Ebook! By now, you probably understand why you should qualify in more than one jurisdiction. You might be wondering, however, why qualify in England? Prized for its fairness, protection and impartial application, English law remains the preferred jurisdiction for global business. The title of English solicitor is more than just an addition to your CV or resumé. As a world leader in the provision of services, the UK legal profession has always played a significant role in influencing the development of legal and regulatory regimes internationally. Moreover, the international reputation of the training and qualification process in England and Wales is well regarded. There are several reasons and motivations why lawyers are looking to join the Roll of Solicitors in England and Wales: • Opening up a variety of career opportunities • Enhancing their professional profile, reputation and marketability in their home jurisdiction • Offering a wider range of legal services to clients • Advising existing clients on matters of English law • Gaining a foothold in the EU market • Working as a solicitor in England and Wales • Getting more business and increasing revenues Why Become a Dual- Qualified English Solicitor?6 www.qlts.co.uk
  • Share This Ebook! www.qlts.co.uk Cross-Border Practising in a Global World 11 Interestingly enough, the majority of lawyers seeking to become dual-qualified do not intend to practise in London, preferring instead to stay in their home jurisdiction and utilise the skills, qualification and knowledge they have gained by qualifying as English solicitors. Why Becoming an English Solicitor WATCH the Video
  • Cross-Border Practising in a Global World 12 Share This Ebook! The solicitors’ profession is diverse. It ranges from sole practitioners working for local consumers, ‘boutique’ specialist outfits, mid-tier firms servicing a mixture of private and commercial clients in London and the regions, to large multinational firms acting for international clients. There are currently over 120,000 solicitors licensed to practise in England and Wales, regulated under a single regulatory regime. The Law Society has, since January 2007, delegated its regulatory powers to the Solicitors Regulation Authority (SRA). The trend towards globalisation and the major developments in the legal profession have suited the flexible legal system found in the UK. This flexibility allows lawyers, wherever they first qualified, to have access to proportionate and reasonable transfer arrangements and permits UK law firms to compete internationally for the best talent to complement their own domestic talent. These trends have led to the introduction of the Qualified Lawyers Transfer Scheme (QLTS), which is the fast-track route for international lawyers to re-qualify as English solicitors. The scheme, which was introduced in September 2010, is open to qualified lawyers from many jurisdictions all over the world, and marks a crucial step towards a more flexible and unified approach to the regulation of foreign lawyers than the previous regime, the Qualified Lawyers Transfer Test (QLTT). T h e E n g l i s h S o l i c i t o r s ’ P r o f e s s i o n7 www.qlts.co.uk
  • Share This Ebook! www.qlts.co.uk Cross-Border Practising in a Global World 13 Qualifying as an English solicitor takes your professional portfolio to the highest, most respected level. You’ll be able to work on a range of domestic and international matters, undertaking work restricted to those who hold the qualification. Whether you choose to work in a leading law firm in London or remain in your home jurisdiction and develop your legal career locally, being a qualified English solicitor will open doors for you. Combined with your chosen specialism, you will be armed with important insights and advice on the legal and factual aspects of doing business across multiple jurisdictions. This can make the difference between a business enterprise profiting or plummeting, because you will be able to provide answers and advice on matters that only someone with your training and qualification can give. From São Paulo to Sydney and Moscow to Madagascar, the valuable and highly sought after skills and expertise of a dual- qualified solicitor, fluent in the law and language of England as well as their own jurisdiction, provides exciting opportunities for key roles in helping to shape global business. The Benefits of Practising as an English Solicitor8
  • Cross-Border Practising in a Global World 14 Share This Ebook! Wanted: English Solicitors. Location: Everywhere!9 Major cities throughout the world are the focus of many types of negotiations and transactions governed by English law. Consequently, there is an increasing demand for locally-based, dual-qualified lawyers with the experience and knowledge to provide trusted advice on English, cross-jurisdictional and domestic legal elements of transactions and dispute resolution. Wherever business is done, there is always a need for a lawyer! You have an exciting career ahead of you that can take you all over the world – if you want it to! www.qlts.co.uk
  • Share This Ebook! www.qlts.co.uk Cross-Border Practising in a Global World 15 The LLM is a highly specialised qualification that takes an academic approach to complex aspects of many areas of legal practice, and can provide a specialist theoretical expertise in a niche area of law. While gaining an LLM is a worthwhile achievement in itself, it is not as valuable as being able to demonstrate your experience and practical skills to major law firm recruiters. Dual qualification as an English solicitor through the QLTS means you gain a prestigious and internationally recognised qualification and allows you to demonstrate both your academic and practical prowess. You also develop, to a high standard, the practical skills a lawyer requires. These practical skills include: legal knowledge and application, research and analysis of fact and law, time management, verbal and written communication and the provision of legal advice in a commercial context. These practical skills of a dual-qualified lawyer mark you out as an outstanding legal adviser, but are not restricted solely to the legal profession – organisations across all sectors value the commercial aspects you gain by acquiring these transferable skills. Further, the practical advantages of dual qualification presents opportunities for you to assume important roles in law firms or to work within industry as a qualified solicitor, undertaking work at a level that befits, and can only be performed by, a professionally qualified person. Finally, even if you are an LLM graduate, becoming a dual-qualified lawyer via the QLTS will undoubtedly complement your academic knowledge with practical skills and make your professional profile appealing both to law firms and your clients. LLM v Q LTS1 0
  • Cross-Border Practising in a Global World 16 Share This Ebook! P a t h t o Q u a l i f i c a t i o n : t h e   Q LTS1 1 The QLTS is your key to becoming a dual-qualified English solicitor – it unlocks the international career and professional benefits outlined in this e-Book. The QLTS comprises assessments that test candidates’ knowledge and understanding of the English law, as well as various skills required to practise as a solicitor. There are two sets of assessment under the QLTS: • Multiple Choice Test (MCT) – comprising 180 questions divided into one morning and one afternoon session of three hours each. • Objective Structured Clinical Examinations (OSCE) – this tests the skills of interviewing, advocacy, online legal research, drafting and writing. The MCT must be passed before the OSCE can be attempted. Candidates must obtain a Certificate of Eligibility from the SRA before taking the assessments and are allowed to attempt each of the two parts of the assessment three times during the five-year validity of their Certificate of Eligibility. Some candidates also need to satisfy an English language requirement. There is no experience requirement or training contract to complete prior to your admission to the Roll of Solicitors on the successful completion of all the QLTS assessments. WATCH the VideoWebinar – Introduction to the QLTS Course www.qlts.co.uk
  • Share This Ebook! www.qlts.co.uk Cross-Border Practising in a Global World 17 The assessments are offered in the UK twice a year by a sole assessment provider appointed by the SRA. To ensure the integrity of the assessment process, the assessment provider is not allowed to offer preparation courses for the assessments. It is therefore extremely important to prepare for the QLTS assessments with an established course provider that will guide you through the assessment requirements, build your knowledge, skills and confidence, so that you can sit the assessments knowing that you are as fully prepared as you can be. T a k i n g t h e Q LTS A s s e s s m e n t s1 2
  • Cross-Border Practising in a Global World 18 Share This Ebook! A b o u t Q LTS S c h o o l1 3 ExperienceFocus Success QLTS School is the premier provider of training and consulting services for the QLTS assessments. We are the only course provider that has been offering courses for the QLTS assessments since its introduction in 2010. All of our time, energy and resources are invested in developing strategies for the unique content of the QLTS. Our tutors and administrative staff have been regularly attending the QLTS workshops held by the SRA in London over the last several years. Accordingly, we have designed and developed our Ultimate QLTS Preparation Course, the most effective QLTS training available today which reflects the SRA and the examiner’s requirements. www.qlts.co.uk
  • Share This Ebook! www.qlts.co.uk Cross-Border Practising in a Global World 19 QLTS School’s courses cover the two elements of the QLTS assessment: MCT and OSCE. Our courses are based on professionally written textbooks, video tutorials, online resources and extensive tutor support. All our tutors are drawn from University Law Lecturers, Solicitors and Barristers, as well as SRA External Examiners on the Legal Practice Course. We have a proven track record of numerous candidates who successfully passed all QLTS assessments on their first attempt. With us, you study when you want, how you want and where you want. Success Stories of former QLTS School’s Candidates WATCH the Videos QLTS School’s Ultimate Preparation Course1 4
  • Cross-Border Practising in a Global World 20 Share This Ebook! Take your Legal Career to the Next Level and Around the World – Become a Dual-Qualified English Solicitor Apply Now for the QLTS Course with QLTS School Join the QLTS Professional Network Request a Free Consultation H o w t o G e t S t a r t e d ?1 5 www.qlts.co.uk
  • Share This Ebook! www.qlts.co.uk Cross-Border Practising in a Global World 21 If you’re a non-UK lawyer working internationally who needs to enhance your knowledge and understanding of English law, the books ‘Principles of English for Non- UK Lawyers’ are for you! This publication is your one-stop resource, providing you with all you need for the most complete and accurate resource for all aspects of principles of English Law. ‘Principles of English Law for Non-UK Lawyers’ is offered in a loose leaf format over 3 volumes, and weighs in at nearly 2,000 pages. But this is a practical publication designed with the working lawyer in mind – every word is relevant. Important case law is cited. The content is clear and concise, written in plain English. Non-native English speaking lawyers from Civil Law jurisdictions are exactly who this book is written for. Lawyers qualified in Common Law countries will also find this publication extremely useful in their day-to-day practice. The areas of law covered by the books are similar to those tested in the QLTS assessments. The books could be an excellent starting point if you wish to gain more knowledge and understanding of English law and take the QLTS assessments sometime in the future. Principles of English for Non-UK Lawyers1 6 Principles of English Law for Non-UK Lawyers The Law Books Any Legal Practice Simply Must Have! Get a Free Sample Chapter Order Now