Tips to meet the SRA's new 'continuing competence' CPD requirement

The Solicitors Regulation Authority's (SRA's) new continuing professional development (CPD) regime - which aims to ensure that UK solicitors and law firms deliver 'competent legal services' - devolves responsibility for maintaining continuing competence to them. What steps can you take to ensure that your firm's lawyers are leveraging their learning opportunities?

1. Identify learning opportunities

A tremendous amount of knowledge and skills is being shared in your firm every day, but are your lawyers recognising and harnessing these moments?

For the first time, private study and discussion with colleagues will count towards CPD activities. Firms have an opportunity to consolidate the coaching and mentoring that goes on every day throughout the business. This may be as simple as encouraging learners to document coaching moments in terms of the knowledge and skills learned and what more they need to develop in that area (trainee solicitors already do this in their training diaries). Since firms will be required to demonstrate to the SRA that they have taken steps to ensure their lawyers are delivering competent legal services; a similar approach could be introduced for all lawyers linked to performance appraisals.

Despite claims of 'collegiality', many law firms are still predominantly hierarchical businesses. Associates often feel that they have to comply with a partner's way of doing things. This is fine if an associate and partner both have the same approach to learning but, if there is a mismatch, learning opportunities may be lost. Raising awareness of the differences in learning preferences, as well the opportunities for learning will create a more open environment for lawyers to share skills and knowledge.

2. Recognise different learning preferences

There are at least three generations working together in every law firm, each of which has its own outlook on life, its own professional drivers and its own learning preferences. By understanding these differences, learning can be structured to appeal to these preferences.

Baby boomers (born 1945 to early 1960s)

Given their high regard for hierarchical leadership, baby-boomer lawyers like activities where they feel that they are learning from at least peers, if not greater experts. They enjoy the traditional lecture approach to CPD and therefore feel most comfortable with delivering training in this way. This often leads to 'death by PowerPoint', with learners given little opportunity for discussion.

On the other hand, baby boomers have an enormous amount of experience and knowledge to share. Their teaching style of 'let me tell you what I know' may not, however, engage junior lawyers, especially if they are not encouraged to ask questions.

Generation X (born early 1960s to early-1980s)

This is a sceptical generation, who work to be able to enjoy life outside work. They are therefore motivated by anything which allows them more freedom, and by training and learning opportunities that link to their personal goals.

In learning situations, they want to receive recognition for their contributions. Generation X lawyers respond well to lectures but, to consolidate their learning, it is important to give them meaningful handouts, not just slides. They have to see a personal benefit in spending time on developing others.

Generation Y (born early 1980s to mid-1990s)

This 'internet' generation needs to feel connected; they enjoy teamwork and collaboration. Learning, for them, is not something that happens in isolation. Group work and discussion have been part of their formal education and they are therefore frustrated if they are not given opportunities to learn with others in their professional life. Generation Y is also a generation of do-ers. They learn better by getting hands-on experience rather than through listening.

3. Bring together resources

The legal profession is highly individualistic, and firms sometimes struggle to engage their more senior players in developing junior lawyers. But, without the support of a well-respected partner who has a clear interest in developing the firm's talent, training initiatives can fall at the first post.

Given that generation X, in particular, want to be recognised for their contributions, firms might reconsider how coaching and mentoring others is valued and make allowance for these activities in lawyers' billable targets.

A discussion with senior (baby boomer/generation X) lawyers about the differences in personal learning styles may help them to flex their own styles of imparting knowledge and skills. Helping junior lawyers to understand these differences may empower them to seek out their own ways of learning.

Offering junior (generation Y) lawyers additional support through group learning opportunities (where they can learn from each other and try out new skills, with more senior lawyers giving real-life examples) will key into their desire to learn by doing in a collaborative setting. Reminding more senior lawyers to include juniors in discussions about strategy, market practice or legal developments will help the firm to leverage its intellectual capital.

Firms that help their lawyers to understand the different learning needs of their colleagues will find that much more learning is transferred around the business. Given that law firms sell their knowledge and experience, this has to be a sound business initiative and will encourage the concept of continuing competence throughout the firm.

Paula McMullan is an L&D consultant with more than 20 years' experience in the legal profession and author of Trainee Recruitment and Management: A Definitive Law Firm Guide (www.mcmullanpartnership.com).