SRA Competency

From 1 November 2016 solicitors are no longer required to undertake 16 hours of CPD annually.

Instead, the SRA's new regime of continuing competence focuses on the regulatory requirement to 'provide a proper standard of service' (Principle 5) and requires every solicitor to:

Reflect on the quality of their practice by reference to the SRA competence statement; and
Make an annual declaration that they have considered their training needs and taken measures to maintain their competence

The SRA competence statement is available here

The competence statement is split into 4 areas:

A - Ethics, professionalism & judgement
B - Technical legal practice
C - Working with other people
D - Managing yourself & your own work

By reference to the 4 areas of the competence statement, solicitors are required to reflect on their practice and plan/identify any training needs required to maintain their competence.

All MBL programmes aimed at solicitors are coded by reference to the 4 areas of the competence statement (A to D) which is denoted underneath the course title as appropriate to assist in the planning and identification of your learning and development needs.

A. Ethics, professionalism & judgement

Act honestly and with integrity, in accordance with legal and regulatory requirements and the SRA Handbook and Code of Conduct, including

Recognising ethical issues and exercising effective judgement in addressing them
Understanding and applying the ethical concepts which govern their role and behaviour as a lawyer
Identifying the relevant SRA principles and rules of professional conduct and following them
Resisting pressure to condone, ignore or commit unethical behaviour
Respecting diversity and acting fairly and inclusively

Maintain the level of competence and legal knowledge needed to practise effectively, taking into account changes in their role and/or practice context and developments in the law, including

Taking responsibility for personal learning and development
Reflecting on and learning from practice and learning from other people
Accurately evaluating their strengths and limitations in relation to the demands of their work
Maintaining an adequate and up-to-date understanding of relevant law, policy and practice
Adapting practice to address developments in the delivery of legal services

Work within the limits of their competence and the supervision which they need, including

Disclosing when work is beyond their personal capability
Recognising when they have made mistakes or are experiencing difficulties and taking appropriate action
Seeking and making effective use of feedback, guidance and support where needed
Knowing when to seek expert advice

Draw on a sufficient detailed knowledge and understanding of their field(s) of work and role in order to practise effectively, including

Identifying relevant legal principles
Applying legal principles to factual issues, so as to produce a solution which best addresses a client's needs and reflects the client's commercial or personal circumstances
Spotting issues that are outside their expertise and taking appropriate action, using both an awareness of a broad base of legal knowledge (insofar as relevant to their practice area) and detailed knowledge of their practice area

Apply understanding, critical thinking and analysis to solve problems, including

Assessing information to identify key issues and risks
Recognising inconsistencies and gaps in information
Evaluating the quality and reliability of information
Using multiple sources of information to make effective judgements
Reaching reasoned decisions supported by relevant evidence

B. Technical legal practice

Obtain relevant facts, including

Obtaining relevant information through effective use of questioning and active listening
Finding, analysing and assessing documents to extract relevant information
Recognising when additional information is needed
Interpreting and evaluating information obtained
Recording and presenting information accurately and clearly

Undertake legal research, including

Recognising when legal research is required
Using appropriate methods and resources to undertake the research
Identifying, finding and assessing the relevance of sources of law
Interpreting, evaluating and applying the results of the research
Recording and presenting the findings accurately and clearly

Develop and advise on relevant options, strategies and solutions, including

Understanding and assessing a client's commercial and personal circumstances, their needs, objectives, priorities and constraints
Ensuring that advice is informed by appropriate legal and factual analysis and identifies the consequences of different options

Draft documents which are legally effective and accurately reflect the client's instructions, including

Being able to draft documents from scratch as well as making appropriate use of precedents
Addressing all relevant legal and factual issues
Complying with appropriate formalities
Using clear, accurate and succinct language

Undertake effective spoken and written advocacy, including

Preparing effectively by identifying and mastering relevant facts and legal principles
Organising facts to support the argument or position
Presenting a reasoned argument in a clear, logical, succinct and persuasive way
Making appropriate reference to legal authority
Complying with formalities
Dealing with witnesses appropriately
Responding effectively to questions or opposing arguments
Identifying strengths and weaknesses from different parties' perspectives

Negotiate solutions to clients' issues, including

Identifying all parties’ interests, objectives and limits
Developing and formulating best options for meeting parties' objectives
Presenting options for compromise persuasively
Responding to options presented by the other side
Developing compromises between options or parties

Negotiate solutions to clients' issues, including

Applying relevant processes and procedures to progress the matter effectively
Assessing, communicating and managing risk
Bringing the transaction or case to a conclusion

C. Working with other people

Communicate clearly and effectively, orally and in writing, including

Ensuring that communication achieves its intended objective
Responding to and addressing individual characteristics effectively and sensitively
Using the most appropriate method and style of communication for the situation and the recipient(s)
Using clear, succinct and accurate language avoiding unnecessary technical terms
Using formalities appropriate to the context and purpose of the communication
Maintaining the confidentiality and security of communications
Imparting any difficult or unwelcome news clearly and sensitively

Establish and maintain effective and professional relations with clients, including

Treating clients with courtesy and respect
Providing information in a way that clients can understand, taking into account their personal circumstances and any particular vulnerability
Understanding and responding effectively to clients’ particular needs, objectives, priorities and constraints
Identifying and taking reasonable steps to meet the particular service needs of all clients including those in vulnerable circumstances
Identifying possible courses of action and their consequences and assisting clients in reaching a decision
Managing clients’ expectations regarding options, the range of possible outcomes, risk and timescales
Agreeing the services that are being provided and a clear basis for charging
Explaining the ethical framework within which the solicitor works
Informing clients in a timely way of key facts and issues including risks, progress towards objectives, and costs
Responding appropriately to clients' concerns and complaints

Establish and maintain effective and professional relations with other people, including

Treating others with courtesy and respect
Delegating tasks when appropriate to do so
Supervising the work of others effectively
Keeping colleagues informed of progress of work, including any risks or problems
Acknowledging and engaging with others’ expertise when appropriate
Being supportive of colleagues and offering advice and assistance when required
Being clear about expectations
Identifying, selecting and, where appropriate, managing external experts or consultants

D. Managing yourself & your own work

Initiate, plan, prioritise and manage work activities and projects to ensure that they are completed efficiently, on time and to an appropriate standard, both in relation to their own work and work that they lead or supervise, including

Clarifying instructions so as to agree the scope and objectives of the work
Taking into account the availability of resources in initiating work activities
Meeting timescales, resource requirements and budgets
Monitoring, and keeping other people informed of, progress
Dealing effectively with unforeseen circumstances
Paying appropriate attention to detail

Keep, use and maintain accurate, complete and clear records, including

Making effective use of information management systems (whether electronic or hard copy), including storing and retrieving information
Complying with confidentiality, security, data protection and file retention and destruction requirements

Apply good business practice, including

Demonstrating an adequate understanding of the commercial, organisational and financial context in which they work and their role in it
Understanding the contractual basis on which legal services are provided, including where appropriate how to calculate and manage costs and bill clients
Applying the rules of professional conduct to accounting and financial matters
Managing available resources and using them efficiently

If you would like any more information, or if we can assist you in identifying your learning and development needs, then please get in touch with one of our team on 0161 793 0984 or by emailing information@mblseminars.com