Proposals by the Solicitors Regulation Authority to introduce mandatory ethics training for all solicitors would be “unworkable and costly”, the Law Society of England and Wales has said.
Further plans to re-introduce requirements to record learning and development would “risk creating significant costs and administrative burdens without clear evidence of benefit”, it added.
Following the conclusion of the SRA’s Strengthening our continuing competence approach consultation on 15th July, the Law Society has shared its response with a “guarded welcome” for the introduction of mandatory ethics, but warned in its proposed form it would be “overly restrictive and impractical”.
The Law Society has received feedback from members that the ethics training could cost large firms more than £1 million, it said, given the proposals include requirements for solicitors to develop and provide training within their firm or seek an appropriate external provider.
“Our response includes costings that set out the administrative and financial burdens these proposals could create for firms, as well as suggested alternative approaches”, the Law Society explained.
The consultation was launched in April to address shortcomings in the continuing competence regime. In the consultation document, the SRA acknowledged many solicitors comply with the requirements, but said there are also many who have do not demonstrate they have carried out regular learning and development relating to ethics. Some have been unaware of, or have not taken account of, relevant warning notices and guidance when identifying their learning needs, the SRA said.
Law Society president Mark Evans said the vast majority of solicitors are conscientious and up to date in their learning and development and a blanket approach risks imposing “restrictive and costly requirements on the entire profession to address the failings of a minority of solicitors”.
He added: “We support the introduction of mandatory ethics training as part of a programme of continuing competence. However, the SRA’s current proposals are unworkable, costly and unduly prescriptive. While ongoing competence is an essential part of being a professional, with benefits that are to be encouraged, we disagree with the SRA’s blanket approach.
“Solicitors should be free to decide what training methods and arrangements suit them. Large firms have reported that if the measures for ethics training go ahead as proposed it could cost them more than £1 million.
“We also have questions about the proposals for the wide-ranging powers the SRA is proposing granting itself to impose training. We need further information on how this power would be used, to ensure the profession is consulted appropriately before any additional requirements are imposed. More engagement with the sector is required to determine a workable and effective approach to continuing competence.”
