The new CPD scheme 'for conveyancers

The new continuing professional development (CPD) scheme for all solicitors is being introduced by the Solicitors Regulation Authority (SRA) ?on 1 November 2016 (though solicitors have been able to choose to move over to the ?new scheme since 1 April 2015).

Under the new scheme, ?the minimum 16-hour CPD requirement is replaced by a requirement of continuing competence. This means that while solicitors will still be required to undertake CPD activities, they will have complete control over how much training they do. 

There will be a requirement ?to make an annual return on renewal of a practising certificate that the solicitor has considered their training and development requirements and has taken appropriate steps to ensure ?their continuing competence.

New system

These requirements are set out in the SRA’s competence statement, which was approved by the ?SRA board in March 2015. The statement is outcomes based ?and so describes the activities that solicitors need to be able to do competently. It is divided into four sections relating to ethics, professionalism, and judgement; technical legal practice; working with other people; and management of work. 

A solicitor meeting these competences will be able to ?show that they are meeting the requirement under principle 5 of the SRA Handbook to provide ?a proper standard of service to their clients.

So, what does this mean for a conveyancing solicitor? As the SRA will no longer prescribe CPD qualifying activities, a solicitor will have the freedom to assess their own training needs and also the flexibility to undertake training that is tailored to the work that the individual solicitor does. In addition, the new system should see a cost reduction for firms as ?it will no longer be necessary ?for any training to be done face ?to face.

Conveyancing solicitors should review their training, reflect on its effectiveness, identify any gaps, and then ?set themselves a training and development plan. In addition, their firm should consider compliance with the new system as part of its regular performance review of its solicitors. The SRA has published a toolkit on its website to help both firms ?and solicitors when carrying ?out this review and setting a training and development plan. 

Solicitors should attempt to align their individual training and development needs with those of the firm. They will also need to be able to show that they have taken steps to satisfy the competency requirements, therefore a record should be kept of all activity which contributes to their professional development. 

Although it is no longer a requirement, a firm may take ?the view that its fee earners will still be required to undertake a minimum number of hours of CPD. This will then provide the firm with a benchmark against which it can monitor the learning and development activities undertaken by its solicitors.

Flexible approach

While the traditional attendance on courses will still be available as a means of training, conveyancing solicitors will now be able to adopt a more flexible approach ?to their training. A wide range of activities will count, including:

• Reading around or researching a legal topic;

• Preparing a short presentation on a relevant legal issue, recent development, or case and then sharing that knowledge with colleagues ?at a team meeting;

• Work shadowing a senior colleague;

• Writing an article or book for publication. In addition to legal books and articles, this could include an article for ?a non-legal magazine or newspaper, a firm’s own brochure or newsletter for ?its clients, or the firm’s website or blog;

• Membership of a specialist committee or working group, such as the Law Society’s conveyancing and land ?law committee or the non-contentious committee of a local law society;

• Updating and maintaining the firm’s conveyancing precedents;

• Undertaking a postgraduate qualification such as an MBA, a master’s degree, or other programme; and

• Downloading and listening ?to a webinar or podcast.

For some conveyancing solicitors, training on management and business ?skills may be relevant to their role in the firm. 

Live streaming of webinars or podcasts, quizzes, or interactive sessions will no longer be required, and so there will be much more flexibility as to when CPD can be carried out. For example, a webinar could ?be watched at home or downloaded and watched ?on the train or bus to or from the office.

The new regime will allow conveyancing solicitors to ?tailor what they learn, and ?how they go about learning it, to their practice and level of qualification. But to get the most out of it, a solicitor should plan what they need to learn, record what they do, and then reflect on and note down the benefits they have gained. ?For the conveyancing solicitor who embraces the new regime, it will become an integral ?part of their professional life.

Russell Hewitson is a solicitor and an enterprise fellow at Northumbria Law School @russellhewitson www.northumbria.ac.uk