New competence checks are likely to be imposed on solicitors as the Legal Services Board announced fresh expectations for regulators to ensure lawyers remain up to date on their knowledge and skills.

The Legal Services Board has published a ‘statutory statement of policy on ongoing competence’ after its consumer research found that 87% of people thought legal services regulators should do more to reduce the risk of a lack of competence undermining public trust in the legal system.

Dr Helen Phillips, LSB chair, said: ‘Lawyers have a vital role to play in maintaining the fabric of our democratic society. The public must be able to have confidence that they have the right skills, knowledge and behaviours to protect our interests, enforce our rights and keep us safe. The changes introduced today will mean regulators provide greater assurance that their regulated professionals remain competent throughout their careers, not just when they enter the profession.

‘Our work in this area concluded that no one can currently say, with any degree of confidence, how often competence issues arise among regulated lawyers. Addressing this gap will not just promote the interests of the public and consumers, it should also be in the interests of the profession and the fair and effective administration of justice.’

The SRA scrapped the requirement for solicitors to complete 16 hours of continuing professional development (CPD) each year in 2016. Solicitors are now asked to ‘reflect on the quality of their practice and identify any learning and development needs’.

Under the LSB’s new policy, the SRA will have to develop an ‘evidence-based’ approach for checking ongoing competence.

Measures must be fully implemented by January 2024 and regulators will be expected to update the LSB on progress in the new year.

An SRA spokesperson said: 'We welcome the LSB’s work in this area and will continue to build on our current approach to make sure everyone can have confidence in the profession throughout their career.'

Law Society vice president Lubna Shuja said: ‘We are pleased to see the LSB has taken on board points that we (and others) have made, clarifying the language in the statement around the approaches regulators must adopt to ensure standards of competence are maintained across the profession, to reflect the more evidence-based and proportionate approach intended.

‘We will continue to liaise with the LSB and the SRA on the implementation of this policy and will support our members in adapting to any changes made.’

 

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