Fifth of law firms admit to substandard service

A fifth of law firms have admitted to providing a substandard service at some point in the past year.

A new research report, published by the Solicitors Regulation Authority (SRA), reveals the wide range of education and training processes used across the legal profession The report examined training systems used by a variety of different law firms and Alternative Business Sructures (ABS) as part of the SRA's work under its 'Training for Tomorrow' programme.

The programme will lead to firms rather than individuals being responsible to the SRA for education and training, and will focus less on learning processes and more on outcomes. The points-based CPD regime is also set to be scrapped.

The new report is based on 20 in-depth interviews and a survey of 750 SRA-regulated entities as part of the regulator's work on continuing competence and the development of professional standards.

Conducted by IFF Research, the report concludes that 19 per cent of rms had identified "failures in competent legal services delivery" in the last 12 months. Of those firms, 64 per cent had had no more than four incidents, however, 13 per cent recorded ten or more.

Key findings

The report found that seven out of ten rms already have formal training processes in place and monitor sta development through performance appraisal.

Furthermore, current planning and management of education and training activities were found to vary depending on an organisation's size.

Compliance Officers for Legal Practice (COLPs) were found to manage the majority of learning activities. However, in larger firms, a range of people carried responsibility for overseeing training activities.

Moreover, nearly all firms surveyed, irrespective of size, were found to keep records on the nature and amount of time spent on training.

Julie Brannan, SRA director of education and training, commented: "This report confirms that education and training practices are wellembedded

across the profession. It demonstrates the value of less formal approaches to learning and supports our new approach to continuing competence."

The report also found that a wide range of less formal training was undertaken, including work shadowing, mentoring or case-file discussions. Given the effectiveness of these on-the-job activities, the report recommends that they should be considered an integral part of continuing professional development.

Future guidance

Respondents to the survey were also asked what they hoped for in terms of future guidance on education, training and learning.

Responses included broader definition of 'training', clearer guidelines on competency, guidance on implementing training plans, and how to ensure quality and effectiveness of training provision.

'Old days'

Mark Solon, solicitor and director of Central Law Training, commented:"Lawyers by nature love accuracy and certainty. They are not so comfortable

with generalisations and work well with definitions. We will need fuller de nitions of training and competency, guidance on training plans and help on how to prove the effectiveness of training."

He continued: "Evidential records of what has been undertaken and why will be essential. Whatever systems firms have at the moment will need to change to incorporate the SRA 'toolkit', guidance and rules. The old days of a file of certificates of attendance are over." SJ