Some solicitors may be failing to keep up their knowledge and skills, the Solicitors Regulation Authority has said amid an increase in the number of complaints from the public.
In its annual assessment of continuing competence, the regulator reveals that the number of total reports received increased from 10,090 in 2022 to 11,174 in 2023. Neighbour disputes, immigration and residential conveyancing complaints fell away, but there was an increase in reports relating to family and landlord and tenant law. The SRA said it will explore in more detail if and how solicitors practising in these areas are maintaining their competence.
The days of accruing a minimum number of CPD points are now long gone, with the rules requiring solicitors to take individual responsibility for keeping their knowledge and skills up to date.
The SRA carries out thematic reviews and inspections where it has concerns about an area of practice and specific checks on training and supervision arrangements in firms.
In family law, there has been a 25% increase in reports, with a third of these referring to a solicitor’s lack of knowledge of the law or the process. A small number of reports also referred to some solicitors acting where there was a conflict of interest, an area about which the Legal Ombudsman receives a high number of complaints.
Reports about landlord and tenant law jumped by 49% - half of which related to a solicitor’s knowledge of the law and process. Clients also complained that some solicitors provide poor advice on ground rent costs and the difference between leasehold and freehold.
The SRA said: ‘We will now target our efforts at understanding if family and landlord and tenant solicitors are keeping their knowledge and skills and understanding of their legal, ethical, and regulatory obligations up to date. We also want to understand more about firms’ supervision arrangements and how they make sure that solicitors they employ are maintaining their competence.’
Inspections will be made at a sample of firms to assess whether solicitors are meeting their obligations and being properly supervised. Findings and next steps will be published by the end of next year. Training records of family and landlord and tenant solicitors will be examined to see what learning and development is being carried out.
Firms can also expect a letter from the SRA reminding them of their obligations and giving practical tips on maintaining competence.
The regulator warned it will take enforcement action where a solicitor who is not meeting their competence requirements and where firms do not have appropriate supervision arrangements in place.
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