Solicitors could be required to keep a record of how they are staying on top of learning and development under new rules for continuing competence. The Solicitors Regulation Authority is also proposing that all solicitors must take part once a year in discussions to ‘work through ethical dilemmas and scenarios’ with colleagues.

The context to the proposals is increasing concern that solicitors post-qualification are not taking sufficient steps to ensure they are keeping up to date with training and development. There is a particular concern, exacerbated by the Post Office scandal and issues such as non-disclosure agreements, that some practitioners are disregarding or overlooking their ethical duties.

Today’s proposals do not advocate for a return to the regime of collecting mandatory CPD points – a system abandoned 10 years ago. But this new set of requirements is intended to make sure solicitors are doing what they need to maintain their individual competence.

Aileen Armstrong, SRA executive director for strategy, innovation and external affairs, said: ’The work a solicitor does can have a profound impact on individuals, families and businesses. Solicitors have to maintain their competence to deliver vital services. Following engagement with the profession and others, we are proposing strengthening the requirements in some areas. This includes new arrangements to support solicitors to navigate ethical challenges. We look forward to engaging further through consultation to ensure that we have the right rules in place.’

The SRA stresses that its research shows that most solicitors keep their knowledge and skills up to date, but action needs to be taken to deal with those who are not doing enough.

Current requirements dictate that solicitors must regularly think about their practice and what skills they need to develop. They must also consider their ethical and professional obligations. Solicitors do not currently have to record their learning and development but should record how they identified and addressed any shortcomings.

Under the new regime, solicitors will be required to record their learning and development needs and how they identified and addressed them. Some or all solicitors may have to complete specific learning and development where the regulatory identifies a competence concern or concern in how competence is maintained.

On ethics, the SRA proposes a new rule to require solicitors to participate annually in facilitated group discussions about ethical duties and dilemmas for a total of at least three hours. Solicitors would have to declare that they had met this requirement when renewing their practising certificate.

Consultation on the changes ends on 15 July. The Legal Services Board would then be required to sign off any rule amendments.