LSB: Regulators must make plans to address competence issues 

The Legal Services Board (LSB) has identified a gap between what the public expects when it comes to ensuring lawyers’ competence and the checks currently in place.

In a draft statutory statement published in December, the LSB said regulators of legal services must develop plans for “remedial action to address competence issues” among lawyers.

They would be required to set the standards of competence that those they regulate should have at the point of authorisation and throughout their careers, regularly assess and understand the levels of competence within the professions they regulate, and “identify areas where competence may need to be improved”.

The policy statement proposes all regulators make appropriate interventions to ensure standards of competence are maintained.

The statement, which is now subject to consultation, is aimed at ensuring legal professionals have the necessary and up-to-date skills, knowledge, attributes and behaviours to provide good-quality legal services.

The LSB said the proposals would “ensure the public and consumers can have confidence that legal practitioners remain competent throughout their careers” and engender public trust.

It follows LSB research showing the legal profession’s current approach is out of step compared with other professions, where there is a greater focus on assessing and understanding levels of competence.

LSB chair Dr Helen Phillips said: “Consumers should be able to trust in the competence of legal service providers, not just when they qualify but throughout their careers. The status quo is not enough to protect the public interest.

“We want to support regulators to adopt a proportionate and risk-based approach, and develop an approach that is fit for purpose for the professions they regulate, while ensuring a minimum standard of ongoing competence requirements across the sector.”

The consultation closes on 7 March.