Dealing with Refusal to Confirm QWE

Confirming QWE is the final hurdle to becoming a qualified solicitor, and it is not uncommon to hear aspiring solicitors rant about their experience when asking their supervising solicitor or COLP to confirm their QWE. In some cases, their request for confirmation is outright rejected, living the aspiring solicitor in a state of frustration. To help you overcome this challenge, we outline below how to handle such situations in line with the SRA guidelines.

Solicitors and COLPs are expected to act honestly and fairly when confirming QWE, in line with the SRA’s Principles and Code of Conduct for Solicitors. They must not abuse their position or take unfair advantage, such as refusing to confirm QWE for reasons unrelated to its validity, such as a reluctance to employ the candidate post-qualification. To guide them in fulfilling this responsibility, the SRA provides detailed guidance on confirming QWE and highlights good practices for law firms. For example, firms are encouraged to establish clear arrangements to confirm QWE if it meets the required criteria.

If you face refusal, there are several steps you can take to address the situation. First, you should gather documentation showing previous agreements to confirm your QWE. Then, ensure that you have demonstrated how you meet the competencies outlined in the Statement of Solicitor Competence. If your organisation lacks a record-keeping system, use the SRA’s training template to organise your evidence.

You may share the SRA’s guidance on confirming QWE with the solicitor or COLP, as this may clarify misunderstandings about what is being confirmed. For example, confirming QWE does not involve assessing a candidate's competence but merely acknowledges their work experience. Arrange a meeting or send an email to discuss the refusal, explaining how you have met the competencies and seeking clarification on the reasons for the decision. Remain respectful during these discussions, and consider inviting someone, such as a line manager or supervisor, who can support your claims.

If issues are raised, be prepared to provide further evidence or address any concerns. You might also explore whether another solicitor or COLP within your organisation can confirm your QWE. It is also possible to request a solicitor outside your organisation to confirm your QWE, though you will likely be asked to pay for this service. This alternative confirmer would need to review your work and feedback from your supervisors.

The steps above also apply if you are claiming QWE from a previous employer or organisation. The SRA expects solicitors and COLPs to take reasonable and proportionate steps to confirm QWE retrospectively. However, they may legitimately refuse if it is impossible to verify your work experience, such as when employment records no longer exist.

If, after taking the necessary steps, the solicitor or COLP still refuses to confirm your QWE, you should contact the SRA’s Professional Ethics team. You will need to demonstrate the actions you have taken to resolve the matter before reaching out for assistance. It is therefore important to gather evidence at the beginning of your QWE journey to serve as proof of any improper refusal. 

The SRA can intervene by contacting the solicitor or COLP, with your consent, to remind them of their regulatory obligations. If the solicitor or COLP had previously agreed to confirm your QWE but is now refusing without justification, the SRA may remind them of their duty to act fairly and not take unfair advantage. In organisations not regulated by the SRA, the nominated external solicitor responsible for confirming QWE may also be contacted.

If you left your firm due to bullying or other misconduct and wish to avoid further contact, consider seeking legal advice regarding employment issues. The Solicitors Assistance Scheme provides an hour of free advice and can be a helpful starting point. Additionally, you may file a complaint with the SRA if you believe there has been misconduct, such as bullying. Include all relevant evidence when making your complaint. Depending on the circumstances, the SRA may directly approach the law firm to address the confirmation of your QWE.