SRA concerned by solicitors' lack of 'meaningful reflection' on training

The Solicitors Regulation Authority could place extra ongoing training requirements on solicitors amid concern about a lack of ‘meaningful reflection’ on courses being completed.

The regulator says that evidence from its training records and reviews of the legal sector show that solicitors completed at least one learning and development activity in the last year to maintain their competence. This was most commonly through self-study materials, online courses or attending a conference or seminar.

But it was unclear from the evidence provided whether solicitors had taken much away from these activities.

‘There was limited evidence to suggest that solicitors were regularly carrying out learning and development to keep their understanding of their ethical and professional obligations up to date,’ said the SRA.

‘A significant proportion of evidence provided simply listed the learning and development activity carried out and the date it was completed. This does not provide us with appropriate assurance that solicitors are taking steps needed to fully reflect on their practice.’

Solicitors do not need to carry out a minimum number of CPD hours but they are required to keep their knowledge and skills up to date. They must regularly reflect on their practice and are expected to show ‘meaningful learning and development’.

The issue of continuing competence has come to the fore in recent years over some high-profile ethical failings by solicitors, leading to the Legal Services Board consulting on to improve this across the sector.

The SRA said there is good awareness and use of its resources, guidance and warning notices by some solicitors and firms to support ongoing learning and development.

‘However, this was not always the case,’ it added. ‘We know that there is limited engagement and application of our warning notices and guidance from some solicitors. Some firms also rely overly on COLPs to distribute or provide access to warning notices and guidance we have issued.’

There is particular concern that solicitors are not making time to reflect effectively or not reflecting on all aspects of their practice. Many are also focussing their learning and development on maintaining technical legal knowledge rather than other areas of their practice that may be required.

The SRA will consult later this year on proposals to strengthen its continuing competence requirements, with a focus on reflection and maintaining professional ethics obligations.