Got a TC but the suitability test!

22£222*

Standard Member
Mar 9, 2022
5
4
Hi!

I have got a TC, but I am worried about the SRA suitability test. A couple of years ago, I was arrested. After some communication with the prosecutor, the case was disposed of on the condition that I admit the facts prepared by the prosecutor (bind-over). It has nothing to do with sex, violence, drug, or dishonesty. Goes without saying I feel I was extremely stupid and I regret this a lot.

Now that I have a TC, I don't really know how to best approach this issue. Should I tell the firm before accepting the TC offer? I am very worried that they would withdraw the offer immediately. Should I apply for an early assessment right now? Do I need to have a lawyer or I can prepare the materials myself? I would really appreciate anyone sharing their experience or giving me some advice. This is on my mind all the time.
 

Jessica Booker

Legendary Member
TCLA Moderator
Gold Member
Graduate Recruitment
Premium Member
Forum Team
Aug 1, 2019
13,335
19,148
As you have admitted guilt to the offence, this is something you will need to disclose to the SRA.

Therefore, I would recommend applying for the suitability test now and at least start this process, if only to help you know an outcome on this earlier and to get it off of your mind as soon as possible. When you inform the firm is up to you - ultimately you would have to inform them if you didn't pass the suitability test and your offer would be rescinded as you couldn't meet the terms of your employment offer. However, if you were deemed to pass the assessment by the SRA, the firm would actually be in a bit of a dodgy situation if they retracted their offer based on your charge alone and if the SRA approved your ability to become a qualified lawyer.

You don't need a lawyer to undergo the suitability test. Many people will do it without one although there are some lawyers who can advise on this particular process. You will need as much information about the charge as possible. You should also line up character referees who are happy to back up that this is a one-off and out of character. Where possible the more "prestigious" or respected the person is (e.g. the type of job they have, the seniority of their job, how long they have known you etc) will all be important here.

I have known people with some pretty serious charges still be approved by the SRA, so based on the limited information you have provided, there is nothing that is overly concerning to me. However, it is hard to advise on how likely you are to get approved and it would actually be inappropriate of me to even attempt doing this.

I'd start by calling the SRA and getting as much information from them as possible as to what you should provide, what the timescales are etc, and then decide a course of action from there.
 
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22£222*

Standard Member
Mar 9, 2022
5
4
As you have admitted guilt to the offence, this is something you will need to disclose to the SRA.

Therefore, I would recommend applying for the suitability test now and at least start this process, if only to help you know an outcome on this earlier and to get it off of your mind as soon as possible. When you inform the firm is up to you - ultimately you would have to inform them if you didn't pass the suitability test and your offer would be rescinded as you couldn't meet the terms of your employment offer. However, if you were deemed to pass the assessment by the SRA, the firm would actually be in a bit of a dodgy situation if they retracted their offer based on your charge alone and if the SRA approved your ability to become a qualified lawyer.

You don't need a lawyer to undergo the suitability test. Many people will do it without one although there are some lawyers who can advise on this particular process. You will need as much information about the charge as possible. You should also line up character referees who are happy to back up that this is a one-off and out of character. Where possible the more "prestigious" or respected the person is (e.g. the type of job they have, the seniority of their job, how long they have known you etc) will all be important here.

I have known people with some pretty serious charges still be approved by the SRA, so based on the limited information you have provided, there is nothing that is overly concerning to me. However, it is hard to advise on how likely you are to get approved and it would actually be inappropriate of me to even attempt doing this.

I'd start by calling the SRA and getting as much information from them as possible as to what you should provide, what the timescales are etc, and then decide a course of action from there.
Thank you very much Jessica for your kind reply! I find it extremely helpful. Can I ask one more point about the referees: what would matter more, how long they've known me or how authoritative they are? I spent most of my life in a foreign country and I have only started to get to know some authoritative persons in recent years - one year actually. Is that long enough or not credible at all?
I will also ask these questions to SRA of course but curious your take on this. Many many thanks!!
 

Jessica Booker

Legendary Member
TCLA Moderator
Gold Member
Graduate Recruitment
Premium Member
Forum Team
Aug 1, 2019
13,335
19,148
Thank you very much Jessica for your kind reply! I find it extremely helpful. Can I ask one more point about the referees: what would matter more, how long they've known me or how authoritative they are? I spent most of my life in a foreign country and I have only started to get to know some authoritative persons in recent years - one year actually. Is that long enough or not credible at all?
I will also ask these questions to SRA of course but curious your take on this. Many many thanks!!

Ideally, you will need to find someone who knew you before the incident and have kept in contact since the incident.

It doesn't have to be someone connected to law, it just has to be someone in a respected profession, especially one where ethics/integrity are vital (e.g doctor, accountant, teacher).

You can also have multiple referees. For instance, if it was me, I would probably choose the person who for all intents and purposes is my godmother (if I had ever been christened) as she has known me all my life, and then someone who has known me for less time but is more linked to the legal industry. Getting 2-3 high quality references (e.g. they are happy to write good quality references) should be the aim here. When I worked in law firms, it wasn't unknown for the law firm to also submit a character reference for those going through the suitability test with a question mark over their record. But that obviously requires you to then disclose it to the law firm and get their support (some people do this, others don't).
 
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George Maxwell

Administrator
Gold Member
Premium Member
Junior Lawyer 50
Oct 25, 2021
552
1,084
Hi!

I have got a TC, but I am worried about the SRA suitability test. A couple of years ago, I was arrested. After some communication with the prosecutor, the case was disposed of on the condition that I admit the facts prepared by the prosecutor (bind-over). It has nothing to do with sex, violence, drug, or dishonesty. Goes without saying I feel I was extremely stupid and I regret this a lot.

Now that I have a TC, I don't really know how to best approach this issue. Should I tell the firm before accepting the TC offer? I am very worried that they would withdraw the offer immediately. Should I apply for an early assessment right now? Do I need to have a lawyer or I can prepare the materials myself? I would really appreciate anyone sharing their experience or giving me some advice. This is on my mind all the time.
Hey @22£222*,

I think @Jessica Booker has provided you with some fantastic advice on this. I am so sorry to hear that you find yourself in such a stressful and difficult situation. I just wanted to wish you all the best. I really hope that things work out for you.

Please do reach out if I can help with anything else as I would be delighted to support you where I can 🏆
 

22£222*

Standard Member
Mar 9, 2022
5
4
Ideally, you will need to find someone who knew you before the incident and have kept in contact since the incident.

It doesn't have to be someone connected to law, it just has to be someone in a respected profession, especially one where ethics/integrity are vital (e.g doctor, accountant, teacher).

You can also have multiple referees. For instance, if it was me, I would probably choose the person who for all intents and purposes is my godmother (if I had ever been christened) as she has known me all my life, and then someone who has known me for less time but is more linked to the legal industry. Getting 2-3 high quality references (e.g. they are happy to write good quality references) should be the aim here. When I worked in law firms, it wasn't unknown for the law firm to also submit a character reference for those going through the suitability test with a question mark over their record. But that obviously requires you to then disclose it to the law firm and get their support (some people do this, others don't).
Thank you Jessica, that makes great sense. I can't tell you how thankful I am, you're being very kind to a stranger on the internet!
 
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Jessica Booker

Legendary Member
TCLA Moderator
Gold Member
Graduate Recruitment
Premium Member
Forum Team
Aug 1, 2019
13,335
19,148
Thank you Jessica, that makes great sense. I can't tell you how thankful I am, you're being very kind to a stranger on the internet!
That is what TCLA is all about - its not just me, but our wider community. I just sometimes have the knowledge on these technicalities!

Good luck and hope it goes well.
 
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22£222*

Standard Member
Mar 9, 2022
5
4
Hey @22£222*,

I think @Jessica Booker has provided you with some fantastic advice on this. I am so sorry to hear that you find yourself in such a stressful and difficult situation. I just wanted to wish you all the best. I really hope that things work out for you.

Please do reach out if I can help with anything else as I would be delighted to support you where I can 🏆
Thank you George, I appreciate it a lot 🥺
 
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Reactions: George Maxwell

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