The Centre for Ethics & Law (CEL) has published its response to the Solicitors Regulation Authority (SRA) consultation on Strengthening our Continuing Competences. The SRA consultation sets out three main proposals designed, in part, to ‘create a culture of ongoing discussion and focus on ethical decision making.’ The proposals are: mandatory recording of learning and development, mandatory three hours of annual ethics discussions and new powers to direct that specific training be undertaken when competence concerns arise.
Reflecting the CEL’s interdisciplinary approach, the response offers an alternative framework to achieve the SRA’s objective. This reflects the importance of ensuring a baseline of knowledge across the sector, which the CEL recommends is provided by the regulator, supported by tailored training that is organised by individual firms. A brief overview of the tiered model the CEL suggested is below, with more detailed analysis found in consultation response:
- Standardised online training provided by the SRA, including training for facilitators.
- A requirement for law firms to provide tailored ethics training appropriate for their business model, sector and risk.
- A specific requirement that ethics training, targeted at junior lawyers, takes place within the first 3 years post qualification.
- A requirement for the COLP/COFA to report annually on how ethics and ethics training is embedded across the organisation.
- An annual ethics conference held by the regulator to support and enrich discussions on professional duties.
Other themes set out in the response to the SRA’s proposals include: the need for organisations to embed multiple, reinforcing commitments to ethical conduct; the importance for training to address the constituent elements of ethical behaviour (such as ethical awareness, moral agency and professional courage); the potential challenge (within the proposals) of individual reporting obligations when most solicitors are reliant on their organisations to provide training; and the critical importance of the quality of any intervention.
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The SRA consultation responds to the earlier Legal Services Board Consultation on Upholding Professional Ethical Duties. Read the