Face-to-face training still favoured above online

Compulsory Continuing professional development (CPD) for solicitors was introduced by the Law Society throughout the 1990s. At the time, it was seen as quite a bold move, and not universally welcomed. There was still a large body of opinion in the profession that solicitors could learn everything they needed to know through their initial training and then by just doing the job.

Although in the 1980s, CPD was common practice in other professions, the Law Society trod carefully with its introduction. Initially, CPD was restricted to newer entrants to the profession and only extended to all practising solicitors a few years later. For a long time, the notion that even a firm's senior partner might still have a thing or two to learn was considered outlandish.

CPD is widely accepted

Some years on, CPD '“ the need for even the most experienced lawyer to accumulate a set number of 'flying hour' points each year '“ is widely accepted. If CPD is not exactly loved by the profession, it is seen by most lawyers as an inevitable part of their job and, increasingly, as a way of maintaining their competitive edge.

When CPD was first introduced, it was assumed that most solicitors would accumulate most of their points via seminars and conferences. Despite the huge growth in recent years of more innovative ways of providing training, it seems that in the main the profession is still wedded to the old ways of doing things.

According to Solicitors Journal's training survey, only 3 per cent of respondents 'very regularly' use online CPD schemes; 5 per cent said they had never used online CPD training.

Solicitors Journal's survey was emailed to around 8,000 in-house and private practice solicitors. Respondents ranged from sole practitioners to City firms, and in -house lawyers in business and the public sector. The results give an often surprising snapshot of attitudes and policies towards training across the profession.

It highlighted the lack of systematic approach taken to training by many organisations, particularly private practices, despite spending large amounts of money on CPD. Many lawyers claimed that it was 'up to individual lawyers' in their firms to both organise their own training, and to monitor whether they had accumulated their full quota of CPD points. Many indicated their firms did not collect feedback '“ formally or otherwise '“ from lawyers about whether training had been effective. This, despite the considerable financial investment firms were making in training their lawyers.

Most respondents estimated their organisations spent £250 '“ £750 a year per lawyer on training. Some 16 per cent put the figure at £750 '“ £1,000. One respondent, however, claimed to 'only go to free events', relying on seminars and updates provided by other firms and barristers.

Despite the large amounts of money being spent, respondents seem to do little shopping around for the best courses. Over 60 per cent said they had 'been using the same providers for a while'. Around 40 per cent also relied on recommendations from specialist groups; and 20 per cent on word of mouth to choose their training courses.

Most of the lawyers said the training that worked best for them was in the form of seminars or from expert lawyers and other professionals. Only a few preferred professional trainers to those still at the legal coalface.

Location, location, location

Location is a huge factor in choosing which courses to attend, more important even than who is speaking. Over 20 per cent said location was the most important factor, and nearly 60 per cent said it was a quite important factor.

The emphasis on location suggests solicitors place a high importance on convenience and minimising time out of the office, which makes it even more surprising that methods of training which can be done in the office remain relatively under-used.

Andrew Keogh, a partner at criminal defence firm Tuckers, who also runs the online training company Crimeline Publishing, says he is not surprised that many lawyers still associate getting CPD points with a day out of the office at an external seminar, rather than something you can do at your desk.

'People do enjoy going out [for training],' he says. 'But then often the people who receive the training are not the same people who have to pay for it.' A huge advantage of on line training is the cost saving, which is particularly important to the firms in his field of criminal defence, who will tend to be small and financially stretched, he says.

Keogh believes the popularity of online training will grow as it wins more converts, but accepts there are limitations with it '“ and that it's not for everyone. 'It's like Marmite. You either love it, or loathe it.'

Certainly, some mainstream training providers are becoming increasingly alert to the opportunities offered by innovative training methods. CLT which runs over 3,500 courses, including lectures, workshops and distance learning, is due to launch a live webinar service next month.

Network opportunities

One of the traditional supposed benefits of attending seminars, as opposed to, say, training online or through magazines, is the opportunity to network. However, the survey suggests respondents place little value on this aspect. Only 13 per cent said they found the networking aspect of courses useful; 47 per cent said it was irrelevant.

Survey respondents were overwhelmingly positive about their training experience. Most agreed with the statement that CPD training is: 'A good way of making sure lawyers are up to date with the law and practice.' Only a tiny minority agreed with the statement that CPD training is: 'Just another bureaucratic step.' No respondents indicated that they agreed with the statement that CPD training is: 'A waste of time which could be better spent in the office billing clients.'

The survey also highlighted some surprising omissions in the range of areas in which lawyers are being trained. Respondents were asked to indicate whether they had received training in certain key areas of practice reform. While most of them had received training about the new code of conduct for client care, only 23 per cent indicated they had had training about the changes in the impending Legal Services Act, which has the potential to transform the legal sector.

But perhaps more surprising was that around a third hadn't received training in the new money laundering provisions, which came into force in December 2007. Under the changes, firms have to train their staff in the requirements of the regulations, which impose obligations on staff to report suspicious of money laundering or terrorist financing.

Solicitors are now required to personally assess the risk level on a client-by-client basis and to vary the level of due diligence and monitoring accordingly.

At the time of the introduction of the new regulations, Law Society president Andrew Holroyd urged all firms which are covered by the regulations 'to ensure they have appropriate systems and procedures in place so that they do not fall foul of the new rules.'

Despite moves to greater specialisation within the profession, many solicitors still seem to take a remarkably holistic approach to their work. Most (nearly 55 per cent) racked up CPD points through training in legal subjects outside their main area of specialisation. Many commented that, outside their core areas, they trained in subjects that they found personally interesting. One respondent said they 'frequently' undertook other training, depending on 'personal choice and previous areas of practice'; another said it 'depends on what is topical and what interests me.'

'There is often overlap between areas of law so I choose those that may give a better breadth of knowledge and will be relevant in practice,' said another.

Eleanor Pinfold, administration director of the Agricultural Law Association and a sole practitioner, identifies another reason for the popularity of CPD courses.

She cites a weakness in the teaching of law at universities, which fails to properly put law into context. This weakness then has to be made up for by training post-qualification, she believes.