header-logo header-logo

Spot checks and reaccreditation on the horizon?

10 February 2021
Issue: 7920 / Categories: Legal News , Profession , Training & education
printer mail-detail
Tougher checks on professional competence throughout a lawyer’s career could be introduced, the Legal Services Board (LSB) has said.

In a report published this week, ‘Ongoing competence’, the LSB notes that while legal regulators take steps to ensure lawyers are competent when entering the profession, there are fewer formal or consistent checks in place to guarantee ongoing competence.

It looked at competence checks used in other sectors, such as financial services, aviation and teaching. It identified various potential approaches that could be used in the legal sector, including spot checks and file reviews, periodic reaccreditation requirements, using feedback such as reports from judges where concerns were raised, and further training or supervision requirements.

The LSB, which issued a call for evidence on this topic last year, now intends to develop a set of ‘high-level expectations’ for regulators.

The eight legal regulators will be expected to set out the standards of competence for legal professionals at the point of entry and throughout an individual’s career and have mechanisms in place to identify professionals who are failing to meet those standards, identify areas of increased risk for consumers, respond when standards fall short and provide appropriate consumer protection where there is an increased risk of harm.

The LSB highlighted concerns about competence in immigration and asylum practice where mistakes can have grave consequences, as well as the quality of some criminal advocacy and the risk of miscarriage of justice.

Helen Phillips, chair of the LSB, said: ‘Many people assume that legal professionals are subject to ongoing formal reviews of their competence, but there are, in fact, very few routine checks once a lawyer has qualified.

‘Legal regulators typically do not have systems or processes in place to identify or respond to concerns about competence. This is unusual and out of step with other professions.’

Issue: 7920 / Categories: Legal News , Profession , Training & education
printer mail-details

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll