FLK 1 & FLK 2

Features

FLK 1 & FLK 2

Package

Basic

Description

From 1 September 2023, the Solicitors Qualifying Examination (SQE) includes two key assessments: Functioning Legal Knowledge (FLK 1 and FLK 2).


The FLK assessments aim to test the practical application of fundamental legal principles necessary for day-to-day legal practice.


These assessments focus on:

FLK 1:

  • ★ Business Law and Practice
  • ★ Dispute Resolution
  • ★ Contract Law
  • ★ Tort Law
  • ★ Legal System of England and Wales
  • ★ Constitutional and Administrative Law, and EU Law
  • ★ Legal Services

FLK 2:

  • ★ Property Practice
  • ★ Wills and the Administration of Estates
  • ★ Solicitors Accounts
  • ★ Land Law
  • ★ Trusts Law
  • ★ Criminal Law and Practice

Note: Ethics and professional conduct will be examined across all subject areas. Taxation is specifically examined in the context of Business Law and Practice, Property Law and Practice, and Wills and the Administration of Estates.


Key Features of the FLK Assessments

  • ★ Application-Based Questions:

    The questions are based on scenarios likely to arise in practice, requiring candidates to demonstrate how to apply their legal knowledge in real-world situations.

  • ★ Comprehensive Coverage:

    Candidates need a broad understanding of how various legal areas connect and apply in different legal contexts, mainly focusing on:
    • ★★ Ethical decision-making according to the SRA Standards and Regulations.
    • ★★ Practical application of law, including principles of taxation within specific legal contexts like Business Law and Property Law.

  • ★ Regular Updates and Feedback Integration:

    The assessments are updated annually to reflect changes in law and practice, incorporating feedback to ensure they remain relevant and fair.

  • ★ Closed Book Format:

    The assessments are closed books designed to assess the candidate's ability to apply critical legal principles and rules without external references. This format tests the readiness of candidates to handle legal issues as they would in a professional setting.

Preparation Tips:

  • ★ Holistic Preparation:

    Engage comprehensively with the subjects outlined in the assessment specifications. Understand how different areas of law interact and how principles are applied in practical scenarios.

  • ★ Practice Scenario-Based Questions:

    Use sample questions and practice tests to familiarise yourself with the format and level of detail expected in the exam.

  • ★ Stay Updated:

    Stay informed about recent legal developments, particularly those within four months before your exam date, as these may be included in the assessments.

FLK 1 Overview:

FLK 1 aims to test candidates' application of fundamental legal principles and rules to realistic, client-based situations in various legal contexts. This assessment ensures candidates are prepared to handle the demands of legal practice as newly qualified solicitors in England and Wales.


Business Law and Practice:

  • ★ Objective: To evaluate candidates' ability to apply legal knowledge to starting and managing businesses and understand financing, taxation, and the regulatory environment.
  • ★ Procedures: Candidates will address scenarios involving business formation, compliance, stakeholder rights, and insolvency.
  • ★ Principles: Focus on applying corporate governance, financial management, and compliance with legal and ethical standards.


Dispute Resolution:

  • ★ Objective: To assess the ability to handle and resolve disputes through litigation, arbitration, or mediation.
  • ★ Procedures: This section examines steps such as claim analysis, pre-action considerations, case management, trial preparation, and cost management.
  • ★ Principles: Emphasis on understanding and applying procedural rules and strategic decision-making in dispute contexts.


Contract Law:

  • ★ Objective: To test understanding and application of contract formation, terms, enforcement, and remedies.
  • ★ Procedures: Scenarios involve contract disputes, vitiating factors, and contract discharge.
  • ★ Principles: Focuses on the fundamental legal doctrines such as consideration, capacity, and the effect of illegality.


Tort Law:

  • ★ Objective: To assess the application of tort law principles in personal and property damage cases.
  • ★ Procedures: Candidates will address negligence cases, occupier's liability, and product liability, among others.
  • ★ Principles: Includes applying the duty of care, causation, and defences available in tort claims.


Legal System of England and Wales:

  • ★ Objective: To evaluate candidates' understanding of England and Wales's legal framework and court system.
  • ★ Procedures: This involves applying principles related to the structure and function of various courts and the roles of different legal professionals.
  • ★ Principles: Understanding the hierarchy of the courts, case law development, and applying statutory interpretation.


Constitutional and Administrative Law, and EU Law:

  • ★ Objective: To test knowledge of the frameworks that define the constitutional and administrative functions and the impact of EU law on national law.
  • ★ Procedures: Candidates may tackle scenarios involving human rights issues, administrative decisions, and the implications of Brexit.
  • ★ Principles: This section focuses on the doctrines of parliamentary sovereignty, the rule of law, judicial review, and the influence of EU law on domestic legislation.


Legal Services:

  • ★ Objective: To assess understanding of the regulatory environment for legal services, professional ethics, and client care.
  • ★ Procedures: Scenarios will involve compliance with professional standards, handling client funds, and understanding the impact of financial services regulations.
  • ★ Principles: Emphasis on SRA standards, client confidentiality, and integrity in legal practice.

FLK Assessment 2: Overview

FLK 2 evaluates candidates' application of core legal principles in specialised areas such as property transactions, estate administration, and criminal law. This assessment ensures that candidates can handle detailed and specific legal tasks as newly qualified solicitors.


Property Practice:

  • ★ Objective: Assess the ability to handle residential and commercial property transactions, including leasehold concerns, completion procedures, and taxation related to property.
  • ★ Procedures: Candidates deal with steps in property transactions from pre-contract to post-completion, including taxation.
  • ★ Principles: Emphasis on understanding and applying laws related to property rights, leases, and taxes like Stamp Duty Land Tax and Capital Gains Tax.

Wills and the Administration of Estates:

  • ★ Objective: Test candidates' proficiency in handling the validation of wills, estate distribution under various conditions, and related tax implications.
  • ★ Procedures: Manage estate planning, execute wills, and address claims under the Inheritance Act.
  • ★ Principles: Focus on the legal requirements for wills, principles governing estate distribution, and related taxation matters.

Solicitors Accounts:

  • ★ Objective: Evaluate the ability to manage client funds in compliance with the SRA Accounts Rules.
  • ★ Procedures: Handling transactions involving client money, maintaining records, and dealing with breaches of account rules.
  • ★ Principles: Ensuring integrity in managing client accounts, understanding double-entry bookkeeping, and adherence to regulatory standards.

Land Law:

  • ★ Objective: Test understanding of the legal principles governing the use and ownership of land.
  • ★ Procedures: Address issues related to freehold and leasehold estates, co-ownership, and landlord and tenant relations.
  • ★ Principles: Comprehensive knowledge of the rights, restrictions, and responsibilities associated with land ownership and tenancy.

Trusts:

  • ★ Objective: Assess trust management ability, including fiduciary duties and trustee powers.
  • ★ Procedures: Involves handling the creation and operation of trusts, trustee duties, and trust disputes.
  • ★ Principles: Understanding the creation of trusts, fiduciary obligations, and the rights of beneficiaries.

Criminal Law and Practice:

  • ★ Objective: Evaluate the application of criminal law from police station procedures to trial and sentencing.
  • ★ Procedures: Advising clients during police interrogations, managing trial preparations, understanding court procedures, and executing defence strategies.
  • ★ Principles: Deep understanding of criminal liability, defences, procedural law, and the principles governing fair trials and sentencing.

Ethics and Professional Conduct:

  • ★ Aim: Evaluate candidates' understanding and application of ethical standards and professional integrity, ensuring compliance with Solicitors Regulation Authority (SRA) Standards and Regulations.
  • ★ Objective: Assess candidates' adherence to ethical principles and professional conduct across various legal disciplines.
  • ★ Procedures: Integrate ethics questions into scenarios within all FLK assessment areas, reflecting real-life ethical challenges solicitors face.