PART-TIME STUDY TRAINING CONTRACTS

The following should give you an outline of your role and responsibilities as a trainee and of your training establishment during your training contract. Although the majority of training establishments provide good first class training and the all-important step on the career path, some fall short of their obligations.

To find out more about the different types of training contract available, check out the Law Society's website here, or for the official Guide to "Training Trainee Solicitors" click here.

In order to avoid any problems on your part-time training contract you should be aware of and check for the following:

1   Definition

• It is a system whereby you study for the CPE/GDL or LPC and serve under a training contract at the same time.
• It allows you to commence training and start earning money whilst at the same lime studying a part time course leading to qualification.

2   How does it work?

Although the contract is expressed as "part time" you will usually effectively work full time in the office and will only be absent to attend study days for the course - On many part time courses this can include weekends.

The length of service required under a part time study contract is no longer than that under a full time contract, if the length of the full time Legal Practice Course (LPC) is taken into account.  However only half the time served is considered as "good service" by the Law Society, so that someone in a two year part time contract will only have one year recognised and will be required to arrange a further contract for a year in order to complete the necessary training period.

A trainee who undertakes two consecutive part time courses, for example the last two years of a law degree and the part time LPC, would complete a period of four years of training at the training establishment.

A trainee who completes only the LPC on a part time basis would need to spend three years training at the firm, two part-time and one on a full-time basis.

3   The Training Contract

As with the full time training contract, there is a Law Society prescribed form for the contract a copy of which is in the "Training Trainee Solicitors" Guide, available online (above).

You will need to be on an approved course before the contract can be signed. The contract can not therefore pre-date the date of the part time course. If you are due to commence a course on 1 September the contract must be dated on or after that date.

The contract must be calculated in academic calendar years and would therefore normally run from 2 September 2005 until 1 September 2006, this is the case even though the course is likely to finish in the June before.

The training establishment is not obliged to take you on for the whole of the training period and may well just offer you the training while you are still studying. It is advisable to try to find a firm to take you for the whole of the training period so that your training does not need to be interrupted by moving firms. Make sure you check the offer letter to see whether the training is for all of the training period.

The authorisation and registration requirements are the same as for the full time training contract.

4   Registration of the Training Contract

The training contract must be registered at the Law Society within 28 days of the contract being signed by both you and the firm. Until it is registered you are not a “trainee” and will not be protected by the Training Contract Regulations.

The Law Society will send you notification of registration.

5   Eligibility

Anyone, although the trainee must be enrolled as a student member of the Law Society.  It is most suited to those who have difficulty with funding as it allows trainees to "learn as they earn". It is appropriate therefore for those who have been unable to secure funding for either the law degree or the LPC.

6   Obligations on the Training Establishment

You must be paid the Minimum Salary each year you are in the contract. The current Minimum Salary is £16,450 for Central London and £14,720 for the rest of England and Wales.

However if you are absent from the office to attend your course then the salary can be pro rata, to take into account these absences from the office.

The remainder of the responsibilities and obligations under the contract are the same as for full time training contracts, and are set out in more detail in the Law Society's Guide to "Training Trainee Solicitors".

7   Appraisals

As a minimum requirement your firm should ensure three compulsory appraisals take place during the two years (once in the first year, once in the second year and at the end of the training period), although ideally your performance should be formally appraised in every seat or every six months. 

If you are concerned that your skills are not being developed properly or you are not receiving the appropriate breadth of experience raise this with your training principal.  

8   Check Authorisation of Training Establishment

It is essential to check that your firm is authorised by the Law Society as only authorised training establishments can enter into training contracts.

Authorisation is normally for a period of three years, at the end of which the firm must apply for re-authorisation if they wish to continue to take trainees.

A list of firms who are authorised is available on the Law Society’s website (www.lawsociety.org.uk or solicitors-online.com) or from Information Services at the Law Society (0870 606 2555).

9   Working part time

This is where you serve under a training contract on a part time basis, in the same way, as any other employee would work part time.

The period of training must not exceed four years and can not be less than would be served by a trainee in full time employment under a two-year training contract.

The length of the training contract will be calculated in days and half days depending on how many you work each week.

The Law Society provide the following guidance:

Number of days worked per week Length of Training Contract

2½ days 1460 days (4 years)
3 days 1216 days
3½ days 1043 days
4 days 913 days
4½ days 811 days
5 days 730 days (2 years)

You should realise however that if extra hours such as overtime or weekend work are completed whilst working part time, the time will not be considered in order to reduce the overall term.