CPD uncertainty

Ensure you maintain your CPD programme in spite of recent changes, urges Robert Kelly

While January is traditionally a time of resolutions and giving things up, solicitors should ensure that they continue to maintain an adequate Continuous Professional Development (CPD) programme, despite the confusion caused by the SRA's CPD shake-up.

The SRA has made an application to the LSB which will eliminate the existing requirement for solicitors to obtain 16 hours of CPD each year and replace it with a non-specific obligation to maintain sufficient CPD to ensure competence. This new system will become compulsory on 1 November 2016 but can be adopted by firms from April 2015.

With many firms uncertain as to the requirements of this new regime, there are fears that firms might do away with, or severely reduce, the CPD opportunities that they provide. Any firm which does drastically reduce CPD may be regarded by the SRA as failing to take 'a responsible approach to their learning and development'.

Where the SRA has cause to investigate alleged incompetence by an individual solicitor or firm, an examination of the CPD regime can be undertaken. If a firm cannot show that they have an 'appropriate system' in place, this may be regarded as an aggravating factor, and any action taken by the SRA may be 'more robust'.

In short, the thrust of the new regime is focused on the relevance of the CPD undertaken rather than on simply clocking up the hours.

Stewart Title provides free in-house seminars for both commercial and residential property teams across the UK, covering, for example, using indemnity insurance to deal with title defects and to identify problems which can occur if insurance is not used properly. The seminars are tailored to suit your practice and can help to comply with the level of competence envisaged by the new CPD regime.

Robert Kelly is commercial business development manager at Stewart Title

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