Continuing competence format proposed by SRA “overly restrictive and impractical”: Law Society

In a consultation response, Chancery Lane welcomed the introduction of a mandatory ethics requirement and acknowledged that continuing competence and professional ethics deserved the SRA’s “increased attention”.

However, it also warned of the “administrative and financial burdens” the proposals could create for firms.

Under the SRA’s proposals, solicitors would be required to:

• record their learning and development needs, including how they were identified and addressed;
• participate in annual mandatory ethics discussions. These would involve three to 12 solicitors and could be run in-house or through external providers, in line with SRA guidance.

The SRA is also proposing to introduce a rule allowing it to require some or all solicitors to complete specific learning and development.

The new rule would apply where the SRA has concerns about competence or how it is maintained.

Responding to the proposals, the Law Society said: “We support the introduction of a mandatory ethics requirement.

“However, we have concerns about the format proposed by the SRA, which is overly restrictive and impractical.

“Our response includes costings that set out the administrative and financial burdens these proposals could create for firms, as well as suggested alternative approaches.

“We also question the wide-ranging powers the SRA is seeking to impose training on solicitors.”

In light of its concerns, the Law Society called on the SRA to “clarify the new rule’s triggers and how they would be used”.

Looking at what the proposals mean for solicitors, the Law Society observed that records would need to be kept for at least three years.

“The SRA is yet to provide guidance for solicitors who take a career break or change employer during that time”, it said.

Meanwhile, it noted that to meet the requirements for mandatory ethics training, solicitors may need to develop and provide that training within their firm or seek an appropriate external provider.

Considering this, the Law Society warned: “While many firms provide mandatory training to their staff, some do not. It may be necessary for solicitors to pay for it themselves.”

According to the SRA, it will seek to implement the proposals from the start of the 2027/28 practising year.

Lottie Winson