Regulators required to set standards on lawyer competence
The Legal Services Board (LSB) will require regulators to set standards to ensure lawyers “have the necessary skills, knowledge and behaviours to provide good-quality legal services”.
In a move designed improve consumer protection and build public trust, the LSB’s statutory statement on competence, published in July, lays out clear outcomes for legal services regulators, requiring them to set standards of competence, get a better understanding of lawyers’ competence, and set new measures to ensure standards are maintained.
The statement is the culmination of extensive policy development since 2019, including wide public consultation and consumer research that demonstrated a gap between what the public expects in relation to lawyers’ competence and the checks currently in place.
The LSB found that 95% of people believed lawyers should have to demonstrate that they remained competent throughout their careers. When informed about current arrangements, almost nine in ten thought legal services regulators should do more to reduce the risk of a lack of competence undermining public trust in the legal system.
LSB chair Dr Helen Phillips said: “Lawyers have a vital role to play in maintaining the fabric of our democratic society. The public must be able to have confidence that they have the right skills, knowledge and behaviours to protect our interests, enforce our rights and keep us safe. The changes introduced today will mean regulators provide greater assurance that their regulated professionals remain competent throughout their careers, not just when they enter the profession.
“Our work in this area concluded that no one can currently say, with any degree of confidence, how often competence issues arise among regulated lawyers. Addressing this gap will not just promote the interests of the public and consumers, it should also be in the interests of the profession and the fair and effective administration of justice.”
The LSB expects regulators to have fully implemented measures by January 2024 and has asked for progress updates by January 2023.
See CILEx Regulation’s view on the statement here.