We break down what continuing competence for solicitors is, while outlining how to identify your learning needs and remain compliant.
This guide covers:
Maintaining and upholding standards of practice is a key part of being a member of a profession.
For solicitors, the regulatory requirement for this is set out through continuing competence.
This is the way in which solicitors are expected to review their practice and identify areas for improvement or updating, to ensure they maintain the highest standards of practice.
The Solicitors Regulation Authority (SRA) sets and manages continuing competence requirements including setting the minimum regulatory standard expected of them.
Most solicitors will go above and beyond this regulatory minimum in the course of their practice.
Consistent reflection is a critical part of becoming a successful lifelong learner.
It shows that practitioners are committed to self-monitoring and assessing how experiences interact with more formal routes to knowledge acquisition. This in turn produces informed and regulatory compliant practitioners.
Ongoing reflective practice demonstrates how knowledge changes across a career. It can also help individuals demonstrate how they’ve incorporated these changes into their practice.
Continuing competence focuses on:
Any activity that helps you meet your learning needs counts towards continuing competence, and there is no target for the number of hours you have to spend learning.
You must complete an annual declaration when you renew your practising certificate, even if you do not identify any learning needs.
This report outlines findings from the SRA’s review into how solicitors keep their skills and knowledge up to date and how firms make sure they are competent to provide the legal services they offer.
To comply with the SRA Code of Conduct for Solicitors, RELs and RFLs, all solicitors must maintain their competence to carry out their role.
If you have a practising certificate, you’re expected to comply with continuing competence wherever in the world you practise and whether or not you’re practising English law, including when working overseas or in-house.
Registered foreign lawyers are not expected to comply.
The SRA’s competence statement helps you meet the continuing competence requirement. It is in three parts:
The statement of solicitor competence sets out the requirements for:
The threshold standard sets the minimum level of competence needed for you to continue to practice. This is set at level three, which is also the standard qualifying solicitors are expected to meet.
The statement of legal knowledge sets out the knowledge that would be expected of someone qualifying as a solicitor.
The SRA sets a minimum level of competence needed to practise as a solicitor. Your firm may set a higher standard of competence as an expectation.
A learning need is where you identify a gap in your knowledge and skills, or a need to update them.
You’ll determine the needs by reflecting on your practice and any gaps that have become apparent as you do your work.
To help identify any gaps, you should:
You may want to refer to the SRA’s competence statement for guidance.
Who can identify learning needs
Most people will identify their own learning needs following reflection on their practice.
However, you can also identify learning needs for others, and others can identify them for you.
Firms may decide to set learning requirements for their solicitors in this regard.
It’s a good idea to share your reflections with your colleagues because they might have the same learning needs.
Firms may also collaborate, formally or informally, with other solicitors, barristers or non-legal businesses such as accountants to:
If you do not identify any learning needs
It is highly unlikely that no learning needs are identified in the course of a year as most practitioners will undertake legal updating at a minimum.
We would encourage solicitors to reflect on how they have sought answers to queries, and materials they have read or watched in relation to their practice.
All of these are learning activities undertaken to address a learning need and it may just be necessary to reframe it in this context.
However, if you’ve considered your duty to your clients and to your firm and are satisfied that you do not have any learning needs, you do not have to do any learning activities. But you must still:
It is important to note that if you have not identified any learning needs, nor completed any development, and the SRA raises concerns about your competence, it may decide to investigate further.
You may want to reflect on your learning needs regularly.
For example, you could spend a few minutes once a week or month noting any areas you need to address and learning activities undertaken.
Alternatively, you may choose to reflect when you complete a particular piece of work.
You should plan and address your learning needs every quarter, spreading out your learning activities to suit you.
If a learning need poses a significant risk to your ability to deliver a proper standard of service, you should try to address this as soon as possible. You should have addressed it by the time you make your annual declaration.
Reflecting on your learning needs requires that you consider all aspects of your practice, taking a holistic view of your learning needs.
Whilst identifying and addressing even one learning need will meet the requirement for continuing competence, a wider consideration is likely to highlight further instances of continuing competence activities.
There are many ways to address learning needs, both formal and informal. For example, you may have addressed other learning needs by updating your knowledge on a topic or discussing a matter with a colleague.
Any activity that helps you meet your learning needs counts towards continuing competence, for example:
The SRA template suggests more activities to meet your learning needs.
You should also consider more holistic areas of learning that can support your practice such as:
