Success in the Solicitor's Qualifying Examination (SQE) relies on more than just hard work—it depends on what you actually retain. 

In this guide, we explore evidence-based techniques, like active recall and spaced repetition, that help you move information into long-term memory and keep it there.

The Forgetting Curve

One of the core considerations that any learning strategy needs to address is the ‘Forgetting Curve.’ This was discovered by a 19th-century psychologist called Hermann Ebbinghaus.

Over several studies, Ebbinghaus discovered that, after a single learning session, humans are likely to forget 90% of the material within a month. The first few days saw most of the information being forgotten, with later days and weeks showing a much slower rate of forgetting.

What Ebbinghaus’s findings prove is that the first day or two after learning is absolutely crucial to retaining new information.

This is particularly important for SQE1, where the volume of material is substantial and retention is key to success.

Memory Processes: Encoding, Storage, and Retrieval

There are 3 main processes that characterise how memory works: encoding, storage and retrieval.

Think of learning like putting things inside your backpack:

• Encoding is when you first put something into your backpack
• Storage is whether it stays in the backpack while you walk
• Retrieval is your ability to quickly find what you’re looking for

Unfortunately, unlike a backpack, our memory typically only holds onto about 5% of the things we put in it, unless we routinely reach out to look for them. That’s why active strategies are essential for SQE 1 preparation.

Types of Memory

For students preparing for SQE1, it’s important to grasp that there are different types of memory:

• Declarative memory (conscious memory) includes:
  • Semantic memory: Facts like legal definitions, rules, and principles (e.g., the elements of negligence in Tort Law)
  • Episodic memory: Personal recollections (e.g., remembering the lecture where you learned about conveyancing procedures)
• Procedural memory (unconscious memory) includes:
  • Skills and habits (e.g., how to analyse a case or draft a legal document)

Recognising these distinctions helps you select appropriate learning techniques for different types of SQE1 content.