Competence checks: more stringent rules a step closer

The current regulatory approach to lawyers’ ongoing competence needs to change, with assessments such as spot checks likely to be part of the reform, the Legal Services Board (LSB) has concluded.

Since last year, the LSB has been investigating how legal regulators ensure that those they regulate remain competent throughout their careers. It has previously issued a call for evidence, a review of competence frameworks in other countries and research among consumers.

In a paper released over the summer, the LSB said a change in approach was needed: “The current arrangements are out of step with consumers’ expectations that all legal professionals demonstrate their ongoing competence and undergo consistent, regular competence checks by regulators to prove they keep their skills and knowledge up-to-date.

“The current arrangements are also out of step with other professional sectors, and some other jurisdictions, that have more systematic ongoing competence checks to respond to competence concerns, promote public trust and confidence and protect consumers from harm.

“This means that the status quo is not the best way to protect and promote the regulatory objectives and across the market, we consider a change in approach is required.”

The paper highlighted four areas where the LSB wanted to “progress its understanding” – developing core competencies for all lawyers, using “feedback and other intelligence to prevent and identify poor performance”, remedial approaches to competence concerns and “competence assessments (such as spot checks) to provide assurance”.

The LSB’s next step will be to test views on the benefits, costs and overall effectiveness of different measures and examine what the roles of regulators and others, including employers and judges, in ensuring ongoing competence should be.

The outcome could include new guidance to regulators or a statutory statement of policy under the Legal Services Act.