Monday 23 May 2011

PSC: Necessary Skills or complete waste of time?

It has come to that point in my legal training where the SRA get involved. All trainees have to complete the Professional Skills Course or PSC as a prerequisite for qualification. Most do this, or at least start, in their first year. The PSC involves core modules of Client Care, Advocacy and Finance, followed by 4 days of chosen electives. I am 2 weeks away from the end of my core modules and I have to say I have not been overly impressed.

While the days out of the office have been fun, as has the free food and meeting other first year trainees, the content of the courses has thus far been useless. The PSC is supposed to provide us with the skills the SRA think are necessary for solicitors; a supplement to the Legal Practice Course to take our skill base from trainee to NQ. I really hope I need a bit more than what I have learnt so far.

I spent 2 days learning about client care. I say learning, in reality we spent the whole of the second day teaching ourselves. The SRA require an element of computer use to be delivered somewhere in the cores. Our provider decided possibly the only thing we might come across is PowerPoint. I can see the sense in that - most lawyers have to give presentations at some point. However, having had to graduate from the LPC in the last 5 years, we will have had to give presentations on multiple occasions by this stage and should be shot if we haven't got the PowerPoint basics down by now. So, no we didn't need the 2 hour PowerPoint tutorial, nor the 3 hours to prepare our presentations on a client care subject. The module was really us learning the material and delivering it to our peers. The most instruction we received from the tutors was a 3 hour revision of the Code of Conduct covering it in less detail than on the LPC. What a waste of time.

My next course was Advocacy, 3 days. First day, Examination in chief (80's video of fake trial over 2 hours), Second day, Cross Examination, Third day, preparation for and running through a fake trial. What fun! (I won my case. Well my team did.Of course that was down to my grueling cross examination). However the relevance to trainee solicitors and NQs of this experience is limited. Civil cases rarely have an examination in chief these days and counsel would be instructed to do any lengthy cross examination. Only really in family, criminal or tribunals is a solicitor likely to examine witnesses and then the rules are different. So we spent 3 days learning skills we are unlikely to ever use. Perhaps it would have been more relevant to teach us court etiquette or to give us practice making opposed applications. By the time we are experienced enough to conduct a trial as they suggested on this module the PSC is going to be a distant memory.

Last of all is Finance. Arguably the most useful (it covers the dreaded Financial Services and Markets Act, and Money Laundering, the stuff lawyers hate but can get them in ALOT of trouble if they get it wrong), I can only comment on the first day of 3. Having covered FSMA regulation on the LPC I know that unless authorised by the FSA, solicitors cannot give investment advice unless covered by an exception that it is incidental to the work. Most lawyers struggle with this distinction, so I am happy to be getting another chance to learnt it. I am a little concerned about the delivery of this module. Our first day involved spending 7 hours learning about different kinds of investments. You know, the ones we cant give advice about?  Apparently if we know more about what it is we are not supposed to say, we won't do it. I can't see that logic. I now know and understand far more about investments than I ever have done making it much easier for me to slip across the line into regulated territory. At least before I could claim ignorance and avoid the situation all together. Worst of all, these 7 hours were delivered a full week before our FSMA session. So I have been a week in the world with the practical knowledge of what I am not allowed to say without actually knowing where the line is. Genius!

Normally days spent out the office would be great fun. In reality I haven't had a full week in the office since mid April. My work load is piling up, my hours are behind and I am pretty sure someone has been using my desk while I'm gone..... My firm is paying me and the PSC provider to waste time learning stuff I either already know, will never use or make me more likely to break the law! I think the SRA needs to rethink what it is teaching trainees and use this time to bring up lawyering standards instead of wasting resources. I have heard from others that the quality of the electives is much higher, I do hope so.

 I can't say it was a complete waste of time though - I did get a great tan 'preparing' for my client care presentation........

Sunday 15 May 2011

Top tips from the Perfect Work Experience Student (I am not talking about me, by the way)

 Earlier this week a query was sent around twitter; how to turn a vacation scheme into the elusive training contract. Vacation Schemes are can be the selection process for the 2 year long interview that is a TC. They often have assessed tasks dotted through them and you will no doubt be observed for your entire time within the firm. The period will culminate in an interview which will be your basis for selection. You could say it is the law world's answer to the Apprentice and is no less stressful. Luckily for me I managed it, although I was not at all prepared for the week at my Firm and I am not entirely sure how or why I got an offer! I wouldn't recommend this approach (it surely was a fluke!) and I have recently been shown a better way.

There has been a student in the offices over the past two weeks. We shall call her Claire. She had used a contact to get work experience but will be starting her GDL in September, so is vac scheme equivalent. By unanimous consensus the trainees were all very impressed with Claire and I don't think anyone could have done better in 2 weeks. I think it is safe to say that Claire was the Perfect Work Experience Student.

Tip 6 - don't act like anyone on the Apprentice. Any of them.


Now this may be a bit of an exaggeration (no-one is perfect) but I am using her as an example because I have no doubt that had she been interviewed (if she was on the vac scheme she would have been) she would have been offered a contract. She put me, and several other trainees I vacced with, to shame and I am not embarrassed to admit it. If she was in front of Lord Sugar, Nick would be making that impressed face and Karen would be raving about the rise of the business woman. I don't think anyone could devise a formula for turning a vac scheme into a TC, much of it is about luck, but there are a couple of things we could all learn from Claire.

So, without further a do, here are mine and Claire's top tips for doing well in your work experience or vacation scheme:

1. Be Your Self
It might be common sense but there are no end of work experience students I have met that are trying to be something other than themselves. You may think there is an ideal candidate profile for a training contract or that to impress you have to act in a certain way. If you are not being yourself this will show through, no matter how ideal you are acting and will put the Selection team off. They might not be able to tell you why but the slightly fake aura around you will leave them dissatisfied. If you do manage to pull the wool over their eyes, remember a TC is for 2 years, will you be able to keep it up that long? Claire was not worried about being herself. She admitted when she didn't understand something (considering she had no legal background, this was quite a lot!) and this actually earned her some respect in the office. She did also make sure she didn't ask the same question twice - you can only claim lack of knowledge once!

2. Know your Firm
Mr Ashley Connick's recent blog explains the basic premise behind knowing a firm. You need have a good idea before starting work experience as to why you would want to work for that firm and why they should want you. It is a good idea to go beyond the normal 'who are the partners, what areas of law do they practice in' kind of prep; really get under the skin of the Firm. My Firm are a sporty firm; if you read the news about us there is an endless amount of stories about staff members raising money through physical exertion. I know - madness you might say!! It is nevertheless true and the Firm takes a particular pride in entering team sports. I am not sure if this was Claire simply being nice or  being very shrewd but last Friday when we were a team member down for corporate canoeing she volunteered. Not only did she show her team spirit and athletic ability (well, she tried, I don't think canoeing is her thing), she also got her name on the intranet and photo around the Firm.

3. Have something to Say
There is nothing worse than striking up conversation with a student for it to fizzle out and die within 5 minutes. Everyone you spend time with may be asked to report back on you and those uncomfortable silences are not TC winners. This doesn't mean making up things to talk about (go back to tip 1) but preparing well. Form opinions about current affairs, both generally and in the legal world. Find out what's happening in the various sports you like. Read some books, see recent films, go to a festival. Have plans for the rest of your summer, even if they don't come about. If you have put interests in your application or CV then do those. It all adds up to being an interesting person who Firms can imagine employing.

Claire had all of these. Granted she has had the last month or so off so has had a lot of free time but it was refreshing to have someone who could offer insightful comments to a conversation instead of looking confused. And although she hasn't yet studied law, she had even read up on legal news. Impressive.

4. Network
This follows from tip 3. Use your time at the Firm wisely. Talk to the trainees, the team you are in. Talk to the Training Principle and trainee supervisors. The more people you can make an impression on, the better. Even if you don't get a TC, they might remember you for an NQ position or make the effort to speak to you at a networking event. Lawyers don't always stay at the same firm either, the associate at this Firm might be your supervisor at another in 2 years to come. Claire has 4 trainees emails, with promises for drinks when she gets back from travelling (plans for the summer, check!) plus on her last day I saw her disappearing off for lunch with the head secretary and the head legal executive. Or the secretary to the MD and PA to the head of business. Score 3 for Claire.

This tip could even start before you get to a firm. A fellow trainee gave Claire a pointer which is pure genius. When you have secured some work experience, phone up the firm. Usually you will have a contact - speak to them first and find out what you will be doing. If you will be sat in a particular department, find out who you will be working with. Then call back and ask for them, or the trainee in that department. If you manage to get through, tell them you will be coming in for work experience and find out what they have been doing recently. If nothing else, they will know you before you arrive but it gives you an extra opportunity to impress.

5. Use the opportunity
Do not forget this is an opportunity for you as well as a week long interview. Use your time well. If you are stuck reading files, ask if there is something else you could do. If the firm has a department that is often in court - like family, find out if there are any hearings you could go to. Really get an idea of the work that is done in a particular department as this will help you with seat choices in your TC. I always regret not getting more work experience as I only worked in 2 departments before my contract and now seat choices are sooo hard! Claire spent her 2 weeks on the business floor, but managed to speak to a couple of lawyers in family and spent a couple of days in court. So even though she didn't get the chance to interview, she has got experience of roughly 4 areas of work plus court time.

When it comes down to it, there is a lot of luck involved with securing a TC and vacation schemes merely give you a longer time period in which to impress the firm you are applying to. Making securing a TC the only object of the week to the exclusion of all else misses the point. Yes it is a chance for the firm to get to know you better. It is also your chance to get to know your potential future employer and possibly understand your own ambitions a little better. Before she left, Claire told me that she had really enjoyed her time in the office and thought that Employment might possibly be something she would be interested in. That's a lot more direction than I had at the same stage. I have a sneaking suspicion that Claire is going to do just fine.

Saturday 7 May 2011

Dear Outside World; dispelling trainee cliches

Being a trainee comes with its good and bad points, and I don't mean in the office. Having 'solicitor' as part of your job title does have its effects in the outside world too. For example, putting 'lawyer' as your job title will reduce your insurance premiums and get you better credit deals. You get invited to bar nights, events and concerts that you simply wouldn't normally get a look in. This effect creeps in as a law student: student law societies appear to be able to get more sophisticated venues and speakers than the average debate club.

While I am not complaining in the slightest - the benefits far outweigh the negatives - there are some common assumptions made about being a trainee solicitor that I am quickly becoming tired of. Some of these are made about lawyers in general but are particularly misconceived when applied to trainees and so I would like to set the record straight about a few of these on behalf of my fellow trainees:

1. Trainees are rich
We are not. There is a slight caveat for the magic circle trainees who get paid 2 to 3 times more than I do, but I suspect the hourly rate is close to minimum wage for some of them. The Law Society minimum trainee wage is currently £16, 650 and normally increases annually to reflect inflation but has been frozen until Sept 2011 to protect us from negative inflation. My salary is closer to £20,000. This is not particularly large, especially when you include my LPC loan repayments. I am definitely not 'Flush' as some people seem to think. So don't get offended when I decline to buy all the drinks or foot the bill at dinner.

2. Trainees are intelligent and well-read
Yes, perhaps you need more than 3 braincells to study law and get a training contract. No, we are not  all budding Einsteins. Some lawyers are ridiculously intelligent, others I have met surprised me by stringing a sentence together. This gets more extreme in the trainee populous; we haven't had 10 years in practice to hide our stupidity. It is not a given that I have read Keats (I haven't), understand quantum theory or speak Latin. To be honest, understanding the intricacies of Equity can be challenging enough. This is not to say that I am not interested in these subjects, but simply it is not a prerequisite of traineedom to be walking encyclopedias. So please don't look down on me for not being fully able to participate in a philosophical debate about kantish ethics - be impressed I can at least follow the arguments!

3. Daddy got me here
There is a general misunderstanding that the Old Boy's Network is still rife in the legal profession and that all trainees have exploited their father's or university professor's contacts to get a job. I believe there is an element of this in Chambers and you would be missing a trick not to use contacts if you have them but this isn't how it works for the majority. My parents are teachers and apart from their own high street lawyers, I am the only lawyer they know. I worked hard to get where I am and assuming I was silver spooned a trainee position is insulting.

4. We can (and want to) give you legal advice
Since starting my training contract I have been approached by friends, friends of friends, friends of the family and people I met in the pub to get some cheap easy legal advice. Outside of the fact that usually it is against our code of conduct, no lawyer knows the entirety of the law. Without looking into it further I would be surprised if any but an expert in the field could give you the answer off the top of their head. You are more likely to be fobbed off. I have a bigger problem with being asked for legal input: I am a TRAINEE solicitor - do you really want someone unqualified to give you legal advice? After all, you wouldn't get an apprentice carpenter to build your house. I know it is expensive to get advice from a law firm, but there is a reason. If you don't want to pay go to the Citizen's Advice Bureau, not to me.

and finally:

5. We drink too much.
Erm. I can't really comment personally on this one. I do know that some fellow trainees are a little exasperated by being tarred with the same rum-soaked brush. I think once upon a time trainees felt like they had to drink as the after work boozer was the only place to network with the partners. Now, especially in commercial firms, there is a much higher expectation on trainees to take part in marketing opportunities. Hence my recent involvement in corporate canoeing. Please don't judge me for that either.......
I did this. It hurt