If you’ve recently learned that you didn’t pass the SQE, first, take a deep breath… You’re very much not alone. As the stats make clear, failing is a common experience (especially for SQE1). As you’re probably aware, the overall pass rates have consistently hovered around 50% for SQE1, meaning that 1 out of every 2 candidates will need to resit at least one part of the exam.
In this article I’m going to talk about next steps and future SQE options. I’ll also suggest some places where you can learn from other SQE resitters – including what they learned from the set-back, and how they successfully cleared the bar later on.
Initial Things to Do After Learning You Did Not Pass SQE1 or 2
When you first get your results, it’s natural to feel disappointed (or even worse! Can’t lie. I too have been known to wallow from time to time… sometimes life is a kick in the teeth!) However, it’s important to keep in mind that this is a temporary setback, and NOT a permanent barrier to qualification. Many successful professionals have faced similar hiccups in their careers, and many solicitors didn’t pass their qualifying exams on their first attempts (more on this later).
If you find out that you did not pass a part of the SQE, here’s some of what you ought to do:
- Review Your Results Carefully. The SRA will have sent you an email notifying you that your results are available in your SQE account. Make sure you understand the information included within your SQE results. The SRA has published detailed guidance on grades for both SQE1 and SQE2. You may wish to review this.
- Inform Your Employer (if required). If you’re employed, or have a training contract, it may be necessary to contact your firm or company. Your employer should have SQE-related policies in place for this situation and may offer support for your rewrite. The Law Society – for its part – advises firms to “manage the relationship with [a] candidate [who has not passed] in a positive, empathetic and respectful manner”.
- Consider Whether to Appeal. The SRA previously allowed SQE candidates to request clerical checks of their exam(s) – essentially a review, looking for any error(s) in the calculation and collation of marks. Clerical checks are no longer available as a standalone option, but it is possible to appeal your SQE results if you believe there were:
- Mitigating circumstances that couldn’t be put before the Assessment Board;
- Material irregularities in how the decision was reached; and/or
- Disputes about findings of malpractice.
(A clerical check will form part of the appeal process for any of the above).
More on “Mitigating Circumstances”
The SRA has recently clarified the situations that could be considered “mitigating circumstances” – as well as those that are unlikely to. According to the SRA mitigating circumstances could include:
- A tech issue causing a significant disruption to the exam day (e.g. a server issue at a test centre).
- A candidate feeling unwell after an assessment has started or leaving an assessment due to illness.
- A candidate experiencing specific difficulties related to an ongoing condition or disability during an exam (i.e. a flare-up).
- A candidate experiencing illness or a bereavement between the FLK1 and FLK2 assessments, or in between the assessment days for SQE2, which has resulted in the candidate not sitting an assessment or assessments in accordance with the SRA’s Fit to Sit Policy.
Circumstances unlikely to qualify as mitigating circumstances include:
- An assessment starting later than planned and/or minor disruptions during an exam, such as noise disturbances or the movement of other candidates in the exam space
- A candidate experiencing illness after one assessment in the window and continuing to sit the remaining assessments despite illness or other personal circumstances
- Transportation issues
- Holidays or family events
- Misreading the assessment timetable
- Work obligations
- Events that occur after the assessments have concluded
- Exam questions differing from those in a preparation course.
Notwithstanding the above, it should be noted that each claim is assessed on a case-by-case basis.
Here is a short video from a candidate who, due to mitigating circumstances, was able to successfully appeal her SQE1 results:
Learning from Others’ SQE Setbacks
Notwithstanding how common it is to fall a little short, not many people talk publicly about SQE setbacks (which, I suppose, is understandable – particularly in the era of LinkedIn bragging “updates”).
That said, some brave candidates have shared parts of their SQE disappointments online. I’ve included links to these stories below. As you’ll see some of the self-reported reasons for a lack of first-time success include:
- Second-guessing answers during the exam
- Not preparing enough and/or insufficient practice with single best answer questions (for SQE1)
- Memorizing content, but not fully understanding concepts
- Not appreciating how niche some questions could be.
Stories About Coming up Short in SQE1
How I Prepared and Passed: A short story from a reader who was not initially successful in FLK2, but later passed in the first quintile
Failed SQE1. Now What? A Reddit thread for those who have not passed SQE1
Stories About Coming up Short in SQE2
I Failed My SQE2 Exams: A brave and authentic post from a candidate who was twice unsuccessful in SQE2. (There are many supportive and thoughtful comments from people around the world in the comments, so these are worth taking a look at as well).
Trainee Overwhelmed by Support After SQE Heartbreak : A Law Gazette article with an update on the candidate mentioned above
Failed SQE2: A Reddit thread for those who have not passed SQE2
Planning Next Steps
Understanding Your SQE Resit Options
The SRA rules about resits are as follows:
- Candidates have three attempts at each assessment (SQE1 and SQE2)
- These attempts must be completed within 6 years from the candidate’s first attempt
- Candidates cannot redo an assessment they have passed just to improve their grade(s)
- If a candidate fails only one part of SQE1 (either FLK1 or FLK2), they will only need to retake that specific assessment.
You can find out more about resits in the SQE section of the SRA’s website.
Employment Considerations
If you’re sponsored, or have a training contract, your next steps may depend on your firm’s policies. The Law Society has issued guidance to firms about handling SQE fails, suggesting they consider:
- Short deferrals of start dates
- Long deferrals, if necessary
- Additional support during the preparation period
According to the Law Society: “Evidence of SQE pass rates and marks demonstrates that expecting every candidate to pass each assessment first time is unrealistic. Resits are therefore likely to be required in some cases.” See How to Approach Solicitors Qualifying Exam Fails: Guide for Employers.
Final Thoughts
Not passing the SQE is a setback, but it’s not the end of the road! With some tenacity and the right approach, you can succeed on your next attempt.
Remember: failing the SQE (or anything for that matter) doesn’t define you or your legal career. With pass rates around 50% for SQE1, many successful solicitors have faced this challenge. What matters most is how you respond and move forward.
In the words of the Law Society, “The SQE assessments are challenging… set at a higher standard than the LPC (Legal Practice Course), and the wide range of law and practice being assessed makes the SQE a more difficult standard to meet.” Understanding this context can hopefully help put your experience in perspective.
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Have you had trouble with the SQE? Share your story in the comments below. Your experience might help others going through the same situation.
Best,
Lawyer in London