Equivalent Means - Morgenbesser

Equivalent means Morgenbesser

This application is for assessment of the equivalence of professional qualifications and experience of European Union (EU), European Economic Area (EEA) or Swiss nationals who are partially qualified in another EEA jurisdiction who are seeking to qualify as a solicitor of England and Wales (Morgenbesser applicants).

Please use this form if you are either an EU, EEA or Swiss national who is partially qualified in another EU/EEA Member State or a UK national who is partially qualified in an EU/EEA Member State outside of the UK and wish to have your experience and qualifications assessed.

Please do NOT use this form if you are:  a Barrister qualified in the UK  a UK national partially qualified in the UK or  a fully qualified EU lawyer eligible under the provisions of Directive 2005/36/EC and the Qualified Lawyers Transfer Scheme Regulations 2011 You should use the QLTS 1 form.

This form is designed to enable you to provide us with the necessary details of your knowledge and skills. We will evaluate this to establish to what extent you have met the Day One Outcomes. The Day One Outcomes describe the knowledge and skills that we require of a newly qualified solicitor of England and Wales. You must also meet our requirements relating to character and suitability.

We will evaluate the evidence you have provided to establish to what extent you have met these outcomes. We may decide that you have met all of the outcomes or that you require further learning or training to complete the qualification process and apply for admission as a solicitor of England and Wales.

If you need any help completing this form after reading the guidance, please contact us. PART A - Guidance on completing the form

Please read the Information on Equivalent Means on our website before you complete this form. This will explain the key principles which we will apply in assessing your application and the fees that apply.

If you can evidence that you meet the outcomes, you should include this information on the assessment table (Section 6). There are no restrictions on what evidence you can put forward towards an assessment. However:

 the evidence must show how the outcomes have been achieved in the context of the practice of the law of England and Wales  the higher the level of qualification and/or experience, the greater the weight which the assessor will attach to such experience.

We will also require you to confirm whether you met the requirements of the SRA’s Suitability Test. Please see our website for further information. If you fail to meet our requirements in relation to character and suitability we may refuse to recognise the evidence on which you are relying. Please see section 9 of this form for more details.

Format  Please do not submit any of your evidence within binders, folders or plastic wallets.  Please provide two copies of your evidence.  All documents must be numbered and referenced to the outcomes listed on the assessment table in section 6 of this form.  Please provide certified translations of all your evidence that is not in the English language.  The evidence should be easily separated from your application. One copy will be sent to our assessor.  Please provide a certified copy of your marriage certificate, or statutory declaration if your name is now different from that shown on any of the original documents, accompanied by an official translation where these are not in the English language.  Original copies of references provided by employers, lawyers or judges with certified translations into English where these are not in the English language.  Certified true copies of your original degree, diploma, examination or admission certificates.

Evidence You are strongly advised to go through each element of the indicative content listed for each outcome in order to show us how you have achieved that outcome through:  studying English and Welsh law and/or practice  your experience of the practice of the law of England and Wales.

If you do not specifically claim to have achieved an outcome, then we will assume that you have not met it.

Qualifications/courses  Please include transcripts of academic qualifications which give details of the modules studied (but only where the modules show that you have taken and passed a module in relation to the practice of the law of England and Wales).  Please state the level of the qualification or the level at which the course was aimed.  Please do not include theses or other written work.

Work experience Where you are relying on work experience to demonstrate that you satisfy outcomes, you must give details of:  the duration of your work experience and the number of hours worked (e.g. per week);  the level of employment (e.g. whether employed as paralegal or as qualified lawyer) and how much responsibility you held and whether your were supervised;  the nature of work undertaken (this should relate to the outcomes specified in the assessment table in section 6.  you should indicate whether your experience relates to your own jurisdiction or to England and Wales, or what proportion of the experience relates to the practice of the law of England and Wales.

All work experience claimed must be supported with references from employers. References must corroborate the work experience evidence provided and be:

 written by a named person who could be contacted for verification if necessary, including your supervisor where your work was supervised;  recent (within 3 months prior to your application being received by the SRA); and  written for the purpose of this application.

Character and Suitability References

Where you have declared issues under the SRA's Suitability Test please supply TWO references from individuals who:

 Hold or have held a position of responsibility or are accustomed to providing references; and  Have agreed to act as a referee on your behalf.

If you intend to use an educational referee, the SRA would expect the person to have known you for at least 12 months and taught you within the last 3 years. Please exclude temporary or short term employment for a period of less than 6 months. Note: references from relatives are not permitted.

What will happen next?

 We will assess your application on the basis of the information and evidence you have provided.  We aim to provide you with a decision within 180 days of receipt of your application.  When we have completed the assessment, you will receive our decision and any recommendations in writing. PART B - The application form

Section 1. Personal Details

Title First Name

Middle Name(s) Last Name

Date of Birth SRA ID (if applicable)

Telephone (day) Mobile No.

Email Address Nationality*

Passport number/identity card number

*Please include supporting evidence of your nationality, for example a certified copy of your passport or identity card.

Section 2. Home address (this should be your permanent address)

House number / Name Address Line 1

Address Line 2 Address Line 3

City County

Country Postcode

Section 2. (continued) Correspondence address (if different to home address)

House number / Name Address Line 1

Address Line 2 Address Line 3

City County

Country Postcode Section 3. Degrees and diplomas

Institution Title of qualification Course start date Course end date

Section 4. Professional examinations passed and courses attended

Institution Title of qualification Course start date Course end date

For Section 3 and Section 4 please continue on a separate sheet if necessary. Please note we reserve the right to request original or certified copies of certificates Section 5a. Professional experience and employment

Organisation Name Organisation SRA ID (if applicable)

Address Line 1 Address Line 2

City County

Country Postcode

Dated started at organisation Date left organisation

Organisation Name Organisation SRA ID (if applicable)

Address Line 1 Address Line 2

City County

Country Postcode

Dated started at organisation Date left organisation

Organisation Name Organisation SRA ID (if applicable)

Address Line 1 Address Line 2

City County

Country Postcode

Dated started at organisation Date left organisation

Please continue on a separate sheet if necessary. Section 5b. Details of the qualification process which you have partially completed

To help us assess your application please explain the stages which you have already completed in the qualification process and what further qualification, professional training and experience you would need to complete in order to qualify as a lawyer under this qualification process. Please refer to your answers to sections 3 - 5a where appropriate.

Section 6. The assessment table

Please provide us with evidence to show us how you have met the Day One Outcomes. Please refer to Part A for guidance on how to complete this table.

Areas of law and Evidence in support (e.g. Knowledge and skills claimed practice in which letter, certificate, Assessors comments Day one Outcomes and how achieved outcome achieved reference, job only description) A 1 Knowledge of the jurisdiction, authority and procedures of the legal institutions and professions that initiate, develop, interpret and apply the law of England and Wales and the European Union. A 2 Knowledge of applicable constitutional law and judicial review processes

A 3 Knowledge of the rules of professional conduct, including the SRA Accounts Rules A 4 Knowledge of the regulatory and fiscal frameworks within which business, legal and financial services transactions are conducted A 5 Understanding of Contract law A 6 Understanding of Torts A 7 Understanding of Criminal Law A 8 Understanding of Property law A 9 Understanding of Equitable rights and obligations A 10 Understanding of Human Rights A 11 Understanding of the laws applicable to business structures and the concept of legal personality B 1 The ability to review, consolidate, extend and apply knowledge and understanding Areas of law and Evidence in support (e.g. Knowledge and skills claimed practice in which letter, certificate, Assessors comments Day one Outcomes and how achieved outcome achieved reference, job only description) B 2 The ability to frame appropriate questions to identify clients’ problems and objectives, and to obtain relevant information B 3 The ability to evaluate information, arguments, assumptions and concepts B 4 The ability to identify a range of solution B 5 The ability to evaluate the merits and risks of solutions B 6 The ability to communicate information, ideas, problems and solutions to clients, colleagues and other professionals B 7 The ability to initiate and progress projects C 1 The ability to establish business structures and transfer businesses C 2 The ability to seek resolution of civil and criminal matters C 3 The ability to establish and transfer proprietary rights and interests C 4 The ability to obtain a grant of probate and administer an estate C 5 The ability to draft legal documentation to facilitate the above transactions and matters C 6 The ability to plan and progress transactions and matters expeditiously and with propriety D 1 Knowledge of the legal services market Areas of law and Evidence in support (e.g. Knowledge and skills claimed practice in which letter, certificate, Assessors comments Day one Outcomes and how achieved outcome achieved reference, job only description) D 2 Knowledge of commercial factors affecting legal practice D 3 The ability to undertake factual and legal research using paper and electronic media D 4 The ability to use technology to store, retrieve and analyse information D 5 The ability to communicate effectively, orally and in writing, with clients, colleagues and other professionals D 6 The ability to advocate a case on behalf of a client D 7 The ability to exercise solicitors’ rights of audience D 8 The ability to recognise clients’ financial, commercial and personal priorities and constraints D 9 The ability to exercise effective client relationship management skills D 10 The ability to act appropriately if a client is dissatisfied with advice or services provided. E 1 The ability to recognise personal and professional strengths and weaknesses E 2 The ability to identify the limits of personal knowledge and skills E 3 The ability to develop strategies to enhance professional performance E 4 The ability to manage personal workload E 5 The ability to employ risk management skills E 6 The ability to manage efficiently, effectively and concurrently a number of client Areas of law and Evidence in support (e.g. Knowledge and skills claimed practice in which letter, certificate, Assessors comments Day one Outcomes and how achieved outcome achieved reference, job only description) matters E 7 The ability to work effectively as a team-member F 1 Knowledge of the values and principles upon which the rules of professional conduct have been developed F 2 The ability to behave professionally and with integrity F 3 The ability to identify issues of culture, disability and diversity F 4 The ability to respond appropriately and effectively to the above issues in dealings with clients, colleagues and others from a range of social, economic and ethnic backgrounds F 5 The ability to recognise and resolve ethical dilemmas Section 7. Supporting references for training / work experience

All work experience claimed must be supported with references from employers. References must corroborate the work experience evidence provided.

References must be:

 written by a named person who could be contacted for verification if necessary, including your supervisor where your work was supervised;  recent (within 3 months prior to your application being received by the SRA);  written for the purpose of this application; and  written on letter headed paper or sent from professional email accounts, wherever possible.

The two referees must be:

 solicitors of England and Wales, or  lawyers of an EU jurisdiction, or  previous or current employers.

The referees must not be personal friends or family members.

Please note, we will not write or chase referees for references. It is the responsibility of the applicant to provide two references and the application may not be processed until two complete references are received. Section 8. The Suitability Test

The SRA has a responsibility under the Solicitors Act 1974 to ensure that there are no issues, which could call into question your character and suitability as a solicitor. Please note, that the provisions of the Rehabilitation of Offenders Act 1974 and the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 will be taken into account by us in considering any application you make. This means that if you fall within the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975, the fact that the conviction is spent, and the time that has passed since the conviction was given, together with any other material circumstances will be taken into account by us when determining any application made by you. Amendments made to the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 in May 2013 introduced “protected convictions” and “protected cautions”. Questions we ask about convictions or cautions will, therefore, exclude protected convictions or cautions and failure to disclose will not be considered as prima facie evidence of dishonesty (see our website for further information www.sra.org.uk/solicitors/handbook/suitabilitytest). Criminal offences Refer to Section 1 of the Suitability Test. All material information relating to your application must be disclosed. Failure to disclose material information will be treated as prima facie evidence of dishonest behaviour. You must disclose any matters that have occurred in the UK and/or overseas. I have read and understood this statement.

8.1 Have you ever been convicted by a court of a criminal offence: (i) for which you received a custodial or suspended sentence; (ii) involving dishonesty, fraud, perjury and/or bribery; (iii) specifically in relation to which you have been included on the Violent and Sex Offender Register; (iv) associated with obstructing the course of justice; (v) which demonstrated behaviour showing signs of discrimination towards others; (vi) associated with terrorism; (vii) which was racially aggravated; (viii) which was motivated by any of the ‘protected’ characteristics defined within the Equality Act 2010; and/or (ix) more than one criminal offence?

Yes No

If you answered “Yes”, we will refuse your application unless there are exceptional circumstances.

8.2 Have you ever: (i) been convicted by a court of a criminal offence not falling within 8.1 above; (ii) been included on the Violent and Sex Offender Register but in relation to your inclusion on the Register, you have not been convicted by a court of a criminal offence; and/or (iii) accepted a caution for an offence involving dishonesty?

Yes No

If you answered “Yes”, we are more likely than not to refuse your application.

8.3 Have you ever: (i) received a local warning from the police; (ii) accepted a caution from the police for an offence not involving dishonesty; (iii) received a Penalty Notice for Disorder (PND) from the police; (iv) received a final warning or reprimand from the police (youths only); and /or (v) received a referral order from the courts (youths only)?

Yes No

If you answered “Yes”, we may refuse your application.

8.4 Are you currently facing any criminal charges? Yes No

You should disclose details of any criminal charge(s) you may be facing. We will not determine your application until you can confirm that the charge(s) has/have either been dropped or the outcome of your case is known.

Evidence and rehabilitation Refers to Section 7 and 8 of the Suitability Test. If you have answered “Yes” to any of the questions 8.1 to 8.4 you must provide:

A. a full statement of the events, providing a detailed sequence of events leading up to the offence(s) being disclosed, including any mitigating circumstances which are relevant. Please note that section 7 of the Suitability Test asks for your attitude towards the events B. references from at least two independent professional people (of which one should preferably be from an employer or tutor) who know you well and are familiar with the events being considered. Please note referees must not be personal friends or family members C. any evidence of rehabilitation D. documentary evidence in support of your case and where possible an independent corroboration of your account of the event(s) E. if you were fined, evidence of payment of fine(s). Reports can be obtained from the Court F. we may deem it necessary for you to obtain a criminal records check as part of your application. If we consider a criminal records check is required you will be contacted in due course with details of the process. The onus is on you to provide any evidence you consider necessary and/or appropriate. However, should we consider that you have provided insufficient evidence, we reserve the right to carry out our own investigation and/or refuse your application if further evidence is not forthcoming.

Assessment offences Refer to Section 4 of the Suitability Test. All material information relating to your application must be disclosed. Failure to disclose material information will be treated as prima facie evidence of dishonest behaviour. You must disclose any matters that have occurred in the UK and/or overseas.

I have read and understood this statement.

8.5 Have you ever committed and/or been adjudged by an education establishment to have committed a deliberate assessment offence which amounts to plagiarism or cheating to gain advantage for yourself or others?

Yes No If you answered ‘Yes’, we will refuse your application unless there are exceptional circumstances. Evidence and rehabilitation Refers to Sections 7 and 8 of the Suitability Test. If you have answered ‘Yes’ to question 8.5 you must provide: A. a full statement of the event(s) setting out:  any exceptional circumstances,  the extent to which you were aware of the rules and procedures governing the reference of material or the use of group work or collaborative material, and  the extent to which you could reasonably have been expected to realise that the offence did not constitute legitimate academic practice B. at least one independent report relating to the event(s) from the university or course provider, such as minutes from meetings or hearings C. references from at least two independent professional people (of which one should preferably be from an employer or tutor) who know you well and are familiar with the events being considered. Please note referees must not be personal friends or family members D. documentary evidence in support of your case and where possible and independent corroboration or your account of the event(s)

The onus is on you to provide any evidence you consider necessary and/or appropriate. However, should we consider that you have provided insufficient evidence, we reserve the right to carry out our own investigation and/or refuse your application if further evidence is not forthcoming.

Financial behaviour Refer to Section 5 of the Suitability Test. All material information relating to your application must be disclosed. Failure to disclose material information will be treated as prima facie evidence of dishonest behaviour. You must disclose any matters that have occurred in the UK and/or overseas.

I have read and understood this statement.

8.6 Have you ever been declared bankrupt, entered into any Individual Voluntary Arrangements (IVA’s) or have had a County Court Judgment (CCJ) issued against you?

Yes No

If you have been declared bankrupt, entered into an IVA or have had a CCJ issued against you it will raise a presumption that you cannot manage your finances properly and carefully.

If you answered “Yes”, we will refuse your application unless there are exceptional circumstances.

Evidence and rehabilitation Refers to Sections 7 and 8 of the Suitability Test. If you have answered ‘Yes’ to question 8.6 you must provide: A. a full statement of the event(s), setting out any exceptional circumstances B. at least one independent report relating to the event(s), to include paperwork from the court relating to your hearing, with dates, court reference numbers and the outcome C. references from at least two independent professional people (of which one should preferably be from an employer or tutor) who know you well and are familiar with the events being considered. Please note referees must not be personal friends or family members. D. a credit report, no more than one month old at the date you make this application, through Experian E. independent evidence of actions you have taken to clear any debts, satisfy any judgments, and manage your finances.

Regulatory history Refer to Section 6 of the Suitability Test.

All material information relating to your application must be disclosed. Failure to disclose material information will be treated as prima facie evidence of dishonest behaviour. You must disclose any matters that have occurred in the UK and/or overseas.

I have read and understood this statement.

8.7 Have you ever: (i) been made the subject of a disciplinary finding, sanction or action by a regulatory body and/or any court or other body hearing appeals in relation to disciplinary or regulatory findings; (ii) failed to disclose information to a regulatory body when required to do so, or provide false or misleading information; (iii) breached the requirement of a regulatory body; (iv) been refused registration by a regulatory body; and/or (v) failed to comply with the requests of a regulatory body?

Yes No

If you answered “Yes”, we will refuse your application unless there are exceptional circumstances.

8.8 Have you ever been rebuked or reprimanded by, or received a warning about your conduct from a regulatory body?

Yes No

If you answered “Yes”, we may refuse your application unless there are exceptional circumstances.

Evidence of rehabilitation Refer to Sections 7 and 8 of the Suitability Test. If you have answered ‘Yes’ to questions 8.7 and/or 8.8 you must provide: A. a full statement of the event(s), setting out any exceptional circumstance B. at least one independent report relating to the event(s), to include documentation from the regulatory/ professional body, minutes from hearings and meetings, confirmation of outcome(s), appeal details (if relevant) and any sanctions C. details of any disciplinary proceeding(s) or investigation(s) you may be facing. Please be aware that we will not determine your application until you can confirm that the matter(s) has/have either been dropped or the outcome of your case is known D. references from at least two independent professional people (of which one should preferably be from an employer or tutor) who know you well and are familiar with the events being considered. Please note referees must not be personal friends or family members. E. independent evidence of actions you have taken to satisfy any findings and/or sanctions.

Any other behaviour Refer to Section 3 of the Suitability Test.

I have read and understood this statement.

8.9 Are there any other factors which may call into question your character and suitability?

Yes No

Unless there are exceptional circumstances we will refuse your application if you have:

(i) been responsible for behaviour: a. which is dishonest; b. which is violent; c. where there is evidence of discrimination towards others; (ii) misused your position to obtain pecuniary advantage; (iii) misused your position of trust in relation to vulnerable people; and/or (iv) been responsible for other forms of behaviour which demonstrate that you cannot be relied upon to discharge your regulatory duties.

Evidence of rehabilitation Refer to Sections 7 and 8 of the Suitability Test. If you have answered “Yes” to question 8.9 you must provide; A. a full statement of the event(s), setting out any exceptional circumstances B. at least one independent report relating to the event(s) C. references from at least two independent professional people (of which one should preferably be from an employer or tutor) who know you well and are familiar with the events being considered. Please note referees must not be personal friends or family members. The onus is on you to provide any evidence you consider necessary and/or appropriate. However, should we consider that you have provided insufficient evidence, we reserve the right to carry out our own investigation and/or refuse your application if further evidence is not forthcoming.

Section 9. Details of Suitability Test referees Where you have declared issues under the SRA's Suitability Test please supply TWO references from individuals who:

 Hold or have held a position of responsibility or are accustomed to providing references; and  Have agreed to act as a referee on your behalf.

This declaration must be completed in all cases.

Knowingly or recklessly giving the SRA information which is false or misleading, or failure to inform the SRA of materially significant information, may lead to disciplinary action by the SRA.

We may need to contact third parties, such as education providers and the organisation(s) where you gained your experience, in order to verify the information given in this form. In performing these checks, personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. This is done only to confirm your identity, a credit check is not performed and your credit rating will be unaffected. We may also need to disclose any character and suitability issues to your employer where we consider that such disclosure is part of our decision making process. By completing this declaration you are giving your permission to do this. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.

The SRA will revoke any decision if it was granted as a result of error or fraud.

I confirm that:

I am the individual named on this application and have read the guidance notes.

I give permission for the SRA to make such investigations as necessary in the course of

determining my suitability and in the course of verifying the information given in this form.

I agree to notify the SRA of any other information relevant to the application and inform the SRA

immediately of any changes to the information provided.

I understand that I now have an ongoing obligation to notify the SRA if any issues arise which

fall under the SRA Suitability Test 2011.

I understand that failure to disclose issues that arise under the SRA Suitability Test 2011 will be

treated as prima facie evidence of dishonesty.

I declare that the information I have provided is true and correct.

Full Name SRA ID (if applicable)

Applicant Signature Date If completed electronically please tick to say you confirm the declaration.

Please note if the form is not signed and the fee is not received your application will not be processed. Section 11. Returning the form

To help us process your application quickly, please check that: The declaration has been signed and dated.

Any additional sheets are labelled and attached to this form.

Full payment is included. If not paying by cheque, completed method of payment form is enclosed. Any relevant documentation is enclosed, including a copy of proof of name change, for example

deed poll or marriage certificate and any documents relating to your character and suitability. A certified copy of your passport or national identity card is enclosed.

Please send the fully completed application form and £600 fee via one of the options below:

Post

Authorisation Solicitors Regulation Authority (SRA) The Cube 199 Wharfside Street Birmingham B1 1RN

DX720293 Birmingham 47

Methods of Payment form

Please complete the Methods of Payment form found on our website at www.sra.org.uk/payment/. You can pay the full amount by cheque, postal order or bank transfer. Cheques should be made payable to the Law Society. We do not accept payment via credit or debit card.

Please note that we will hold any payment we receive without an accompanying application form for up to 30 days before returning it to the sender.

Bank Transfer payments

If paying directly from your bank account, you must ensure you instruct your bank to pay us, as we are unable to request the payment for you.