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.
Your firm should make the Law Society's Guide "Training Trainee Solicitors" available to you. A copy of the guide is available online on the Law Society's Website. There is also a shorter Guide telling you, the trainee, all they need to know. You can obtain this by clicking here.
In order to avoid any problems you should be aware of and check for the following:
1 Offer Letter
Following your selection as a perspective trainee the firm must send you a letter of offer, which sets out the terms on which you are to be employed. It must include:
Any conditions to which the offer is subject;
Dates on which the training contract is to begin and end;
Minimum starting salary and arrangements for salary review;
The skills which you will practice and the areas of law in which you will be given opportunity to gain experience;
Any arrangements for re-employment once your training contract is finished; and
Holiday and sickness benefit entitlement.
It is good practice to accept an offer in writing. You should realise that an offer and acceptance of a training contract gives rise to contractual obligations on both parties and that a breach of these obligations by either of you could lead to legal proceedings.
2 Entry into a Training Contract
Once you have commenced work you must enter into a training contract in the Law Society’s prescribed form- find a copy in the “Training Trainee Solicitors” publication, available on the Law Society’s website (above).
Additional clauses may not be added, or existing ones removed, altered or amended without the consent of the Law Society.
The firm is allowed to enter into additional terms and conditions provided such terms and conditions do not conflict with terms of the training contract. The contract must be signed within three months of your starting work.
3 Registration of the Training Contract
THIS IS AN OBLIGATION ON YOU AS WELL AS YOU FIRM! YOU MAY NOT BE ALLOWED TO QUALIFY IF YOUR TRAINING CONTRACT IS NOT REGISTERED.
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.
If your firm promises to register your training contract but never actually do, beware! Many trainee solicitors continue to work on such a promise, only for it never to happen. In this situation the firm should not be holding you out to be a trainee.
If the firm persistently refuses, or fails to register you despite its offer of a training contract, ask yourself if the time has come to look for another job.
4 Training Record
THE LAW SOCIETY PLACES A LOT OF EMPHASIS ON TRAINEES TAKING RESPONSIBILITY FOR THEMSELVES. ALWAYS KEEP A TRAINING RECORD.
The Training Record will be the document that allows your Supervising Partner/Training Partner to sign off your application for admission. You must be able to demonstrate at this time that you are competent to practice. The Training Record allows you to show what you have done for the past two years.
Another purpose of the Trainig Record is that it helps identify training needs and gaps in the knowledge. It allos both you and your supervisor to see what expereinces you may be lacking in or over-indulging in. For example, it may be that you have been photocopying for three weeks. Maybe now its time to move onto colouring in those maps instead...
The Record also assists in completing CVs and application forms for NQ positions. These are all dependant on the amount of experience you have and the work that you have been able to complete in your chosen discipline. You need to be able to recall this for your CV and discuss it interview.
There is no set format for the training record. Some firms request that their trainees keep a diary, whilst others simply need annotated time print outs. Whatever the form, the Training Record should detail what you have done on a daily basis.
5 Payment of Fees
Your firm must pay the Professional Skills Course fees and allow you paid study leave to attend the course.
6 Training
During your training you should be given experience in at least three distinctive substantive areas of English Law (which includes both contentious and non-contentious work).
If your firm is unable provide the requisite training it will need to arrange a secondment for you to another training establishment. Your firm will however need to ensure the terms of the training code and contract are met during any secondment.
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).
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