Knowledge Gaps: What to Prioritise for SQE1

Active vs. Passive Knowledge

Have you ever found yourself thinking that you’re an expert in an area – maybe you’ve studied it at university, or read half a dozen books on the topic – but when it comes up in conversation, you find yourself unable to remember any interesting facts about it? 

This is a cognitive bias called ‘the illusion of knowing.’ It happens because passive repetition, such as re-reading and highlighting, can cause us to overestimate our knowledge and understanding of the topic. 

For law students preparing for the solicitors' qualifying examination (SQE), this gap between passive familiarity and active recall can be the difference between a near miss and a confident pass. This section will help you identify your knowledge gaps and strategically prioritise your study time.

Generative Knowledge: Mock Tests and SQE Sample Questions

The only way to overcome the illusion of knowledge is through what’s known as 'generation': forcing your brain to reach out for the information, rather than reading it somewhere.

It's called ‘generation’ because it's all about generating an idea from your memory, rather than reading it.

A small-scale example includes filling in a missing word in a text, rather than reading the text in its entirety. This forces your brain to actively recall the information that it has stored somewhere, or that it can logically deduce.

The importance of generation is partly why we repeatedly stress in this guide that doing mock tests by answering multiple-choice questions must play a core part in your SQE revision strategy from the beginning. It's not just something you save for the final weeks.

That's because practising these questions requires generation. If you can't recall the single best answer, it may be one of your areas of purely passive knowledge.

When reviewing SQE practice questions, don't just check whether your answer was correct. Try to recall (‘generate’) the following pieces of information:

• Why the correct answer is right
• Why each incorrect option is wrong
• What concepts or principles the question was testing
• Common patterns or traps in the question format

This comprehensive review helps catch subtle misunderstandings and reinforces your knowledge. 

The ‘Feynman Technique’ 

Another very powerful test of your legal knowledge is attempting to teach or explain concepts and legal principles to someone else (or even to an imaginary audience). Known as the ‘Feynman Technique,’ this approach quickly reveals gaps in your understanding.

Try to explain complex topics (like the rule against perpetuities or the hearsay rule) in simple terms without referencing your SQE notes or revision resources. If you struggle, you've identified an area that needs review. If you succeed, you've reinforced your mastery of the material.

This technique works because:

• It forces you to organise information in your mind
• It reveals which aspects you understand versus which remain fuzzy
• It requires you to translate legal jargon into plain language
• It strengthens your ability to recall information under pressure (this will be essential in the actual exam)

You can practice this technique with study partners, family members (even if they have no legal background), or simply by speaking aloud to yourself.

Keeping a Record of Weak Spots

Once you have identified your personal weak spots based on practice questions you consistently get wrong in mock tests, it’s a good idea to keep a running record of these topics, so that you can allocate additional time to strengthen these areas. 

This record should incentivise you as you gradually remove items from the list.

At the same time, don't neglect 'high-yield' topics that appear frequently across multiple questions. Core concepts like the elements of negligence in Tort or the various business structures in Business Law should be mastered early, as they can earn you significant points across numerous questions. 

Even seemingly niche topics – like the rule against perpetuities in Trusts or specific money laundering regulations – deserve dedicated study time, as mastering these challenging areas could be the difference between passing from failing.

A balanced approach works best: first, establish a broad foundation across all subjects, then develop deeper expertise in the commonly tested and traditionally challenging areas. Remember to maintain your strengths without over-studying them.

Learning from SQE Exam Performance Data

As well as identifying your own knowledge gaps to guide revision, it can also be very useful to examine how gaps are distributed across the wider cohort of SQE candidates. 

Analysis of candidate performance in past SQE1 assessments reveals significant variation across different subject areas, highlighting which topics from the SQE syllabus consistently trip candidates up on exam day.

This data, published annually by the Solicitors Regulation Authority (SRA), provides extra insight into where additional focus might pay off the most.

FLK1 Subject Performance

In Functioning Legal Knowledge 1 (FLK1), mean scaled scores across the 2023/2024 season ranged from a low of 278 (Dispute Resolution) to a high of 362 (Ethics), highlighting substantial differences in difficulty levels.

The most challenging FLK1 subjects, scoring below the pass mark of 300, were:

• Dispute Resolution (278)
• Business Law and Practice (279)
• Tort (289)
• Legal System of England & Wales (295)

These consistently lower scores suggest these subjects require more intensive preparation. If you find these areas difficult, you’re not alone – allocate additional time for deeper conceptual understanding and focused SQE practice questions.

The stronger FLK1 subjects, scoring above 300, were:

• Ethics (362)
• Contract Law (335)
• Legal Services (302)

While these areas generally see better performance, they shouldn’t be neglected. Ethics in particular shows the highest score, suggesting its principles might be more consistently applied or more predictably tested.

FLK2 Subject Performance

Functioning Legal Knowledge 2 (FLK2) subjects generally saw lower scores than FLK1. Scores ranged from 265 (Wills & Intestacy) to 354 (Ethics), with most subjects falling below the 300 threshold.

The most challenging FLK2 subjects were:

• Wills and Intestacy (265)
• Property Practice (278)
• Trust Law (285)
• Solicitors' Accounts (290)

These topics aren't inherently more difficult than those in Functioning Legal Knowledge 1 (FLK1), but students often dedicate less time to them, as they usually begin with FLK1 and run out of time later. Effective time management and clear prioritisation are therefore essential to ensure these areas receive adequate attention.

The stronger FLK2 subjects were:

• Ethics (354)
• Criminal Liability (317)
• Land Law (303)

Again, Ethics emerged as the highest-scoring area, reinforcing its status as a relatively more approachable subject.

The Difference Between Passing and Failing Candidates

An important pattern emerges when comparing passing and failing candidates: both groups follow similar performance patterns across subjects, with everyone generally doing better in the same 'easier' subjects and struggling with the same difficult ones. 

However, the magnitude of the difference between passing and failing candidates varies significantly by subject.

The largest performance gaps between passing and failing candidates appeared in:

• FLK1: Tort and Business Law and Practice
• FLK2: Land Law, Trust Law, and Criminal Liability

These areas represent the subjects where extra effort could most significantly impact your overall results. If you're currently struggling with these topics, focused improvement here could make the difference between passing and failing.

Retaking Candidates

For candidates retaking the exam, certain subjects deserve particular attention. The data shows that the largest score drops between first and second attempts occurred in:

• Tort (FLK1, 36 points lower)
• Trust Law (FLK2, 33 points lower)
• Business Law and Practice (FLK1, 30 points lower)

If you're preparing for a resit, these subjects clearly require renewed approaches and extra effort.

Interestingly, third-attempt candidates sometimes performed better than second-attempt candidates in certain areas (notably Ethics in FLK2), suggesting that persistence and adjusted study techniques can indeed lead to improvements. 

A second failure doesn't predict an inevitable third failure – learning from past mistakes can lead to eventual success.

Summary: 

1. Balance breadth with strategic depth.
   Cover all topics early, then double down on high-yield and challenging areas (e.g. Tort, Trusts) without wasting time over-revising strengths.
2. Avoid the illusion of knowing.
   The 'illusion of knowing' from passive study (rereading, highlighting) is common; self-testing exposes gaps you didn’t know were there.
3. Generation boosts retention.
   Actively recall facts (fill-in-the-blank, MCQs, teaching aloud) to strengthen memory far more effectively than recognition-based methods.
4. Teaching reveals weak spots.
   Use the Feynman Technique—try explaining complex topics (e.g. perpetuities, hearsay) in plain English without SQE notes to pinpoint fuzziness.
5. Subject performance data shows where to focus.
   Hardest FLK1 subjects: Tort, Business, Dispute Resolution. FLK2: Wills, Trusts, Property. Ethics scores highest but still requires practice.
6. Retake data reveals patterns.
   Score drops on second attempts are steepest in Tort, Trusts, and Business. These subjects require fresh strategies and early attention for repeat candidates.