CPD - YOUR QUESTIONS ANSWERED

INTRODUCTION

In 2004 new Regulations were passed which extended the requirement to do CPD to all solicitors who are on the Law Society's Roll and who have a current practising certificate. The old scheme had been restricted to solicitors who had come on to the to the Roll on or after January 1992. The new scheme extends to the whole profession and is otherwise identical to the old. It came into effect on 6 January 2005.

The basic requirement is that a total of fifteen hours of CPD events (ie lectures, seminars, conferences, private study and so on) must be attended between 6 th January 2005 and 5 th January 2006 and so on for each subsequent year. As soon as the minimum requirement of fifteen hours has been met, each solicitor should sign and date the red 2005 CPD record card on which details of the events have been entered and send it in to the Society.

Do not wait to the end of the year before submitting the record card. Send it in as soon as you can as this will assist the Society in the administration of the scheme each year. It is generally not necessary to include a covering letter or other documents to verify details claimed on the record card unless there is a query to be dealt with. In some cases the Society may subsequently require verification from the solicitor and it would be prudent for each solicitor to retain a copy of the record card and any other documents evidencing the CPD event.

Each card received by the Society is checked to ensure full compliance with the requirements of the scheme. The details are recorded on the Society's data base and will be permanently retained on each solicitor's computer record for the duration of the solicitor's professional career.

CPD events are calculated on a time basis. The points system of a previous scheme has been abandoned and points should not be entered on the record card. Enter instead the length of time which the event lasted. Of the fifteen hours total which is required, five hours can be by way of private study, which means reading material such as books, journals and other articles which are relevant to your education and practice as a solicitor.

The remaining ten hours must be by way of “group study” which is defined as three or more persons participating in the event. Most of this will consist of lectures, seminars, conferences, classes and similar events. This can include events organised in your own office or in the office of a colleague, but detailed records of these “in-house” occasions must be retained to prove to the Society on request that the event was a formal educational event of value about a specific topic rather than an informal meeting or an unstructured discussion among solicitors.

Of the ten hours of group study, three hours must be devoted to “client care and practice management”. Either the client care or the practice management element (or a mixture of both) can be chosen by you, as there are not two separate requirements in this category. If you are in doubt about whether a planned CPD event in this category will be acceptable, please contact the Society for guidance.

Broadly speaking, CPD means education in any matter which will maintain and develop your professional knowledge, skills and ethical awareness as a solicitor. It is a matter for each firm and solicitor to decide what events to attend and apart from the mandatory three hours of “client care and practice management”, the subject matter of events attended is not otherwise laid down by the Society. (For more on “client care and practice management” see Q 6 below). No provider of CPD events is currently subject to an approval or accreditation process by the Society. Events are arranged by educational and professional institutions, by the Society and other solicitors associations and by commercial providers. In addition, firms of solicitors may arrange CPD events “in-house” either alone or with other firms as mentioned above but the Society is more likely to request details to verify these so that informal or otherwise valueless occasions are not claimed as CPD.

 

FREQUENTLY ASKED QUESTIONS

The CPD record card sent to each solicitor gives guidance on many aspects of the CPD scheme. During the administration of the scheme in recent years the CPD Working Party of the Society has dealt with a wide variety of queries and many of these are listed below.

Q1 Do I have to submit documentary evidence of courses attended when returning my completed CPD record card each year?

A 1 No. However, the Society may call for the production by you of such evidence at a later date following receipt of your record card. Many providers of courses submit details of events and of attendees and the Society also has details of many events notified to its web site from time to time, and as advertised in “The Writ” and from other sources. The contents of your record card and additional documentary evidence (if requested from solicitors) will be cross-checked against these other sources.

Q2 How will I satisfy the Society regarding my compliance with the private study requirement?

A2 You should list each item studied in the record card and keep a written record of items studied.

Q3 If I exceed fifteen hours in any one year, can I carry this forward to the following year?

A3 No, except in the case where a solicitor completes three years of CPD in two years and is applying under the scheme to reduce the three year practice restriction on newly qualified solicitors to two years. If you intend to make such an application, please give written notice to that effect when you submit your first record card.

Q4 Do the regulations apply to a solicitor who has a practising certificate but who is not in private practice?

A4 Yes. If you are on the Roll of solicitors and have a practising certificate, you must comply with the requirements.

Q5 Is it necessary for a solicitor to whom the regulations apply but who is not in private practice to do the “client care and practice management” element of CPD?

A5 Yes. However some flexibility will be allowed to ensure that the training undertaken is meaningful and useful to the solicitor.

Q6 What is client care and practice management?

A6 This is broadly interpreted. Practice management will include events which assist you as a solicitor in running your practice more effectively as a modern business manager and a wide variety of courses related to this will be acceptable. Money laundering, risk management, training for recognised quality standards and so on will be acceptable. Client care is similar and includes any study which addresses the efficient provision of professional services to the client. If you are in any doubt about a particular event, please contact the Society.

Q7 How can I as a newly qualified solicitor reduce to two years the three year restriction on practising on my own account?

A7 You must complete three years of CPD events in a two year period. The total hours required is forty five and this total is not additional to the fifteen required each year. When you submit your card for the first year, make sure you state in writing that you will be applying to reduce the restriction when you submit your next card in the following year. This will ensure that the records and cards will be retained by the Society to deal with your application in due course. Also retain details of events attended and of your cards as the Society may request evidence to support your application.

Q8 Does the Law Society accredit or recommend events run by specific organisers?

A8 No.

Q9 How do I find out which events are available?

A9 Events are advertised regularly in “The Writ” and some are advertised on our website. Your local solicitor's association may organise training as may your particular interest group. You are encouraged to join these organisations so that you will be kept informed of events and you might also have some input into the selection of courses on offer.

Q10 On occasions I deliver training to members of the profession. Can I claim any of the time I devote to this against my own obligations under the regulations?

A10 Yes. Actual presentation time may be claimed as part of your own CPD requirement. If your presentation time is repeated the repetition time cannot be claimed. A maximum of four hours preparation time may also be claimed as part of your private study requirement.

Q11 If I deliver training to non-lawyers, can I claim this as in Q 10 above?

A11 Yes, provided the training is in relation to a legal topic.

Q12 Where can I get additional information about the Law Society's scheme?

A 12 The CPD record card contains a full description of the scheme and the Solicitors Training (Continuing Professional Development) Regulations 2004 are reproduced in it. If these or this web site does not have the information you require, telephone Kevin Delaney at the Law Society for assistance.

Q13 Does the CPD scheme recognise any specific training courses as satisfying all CPD requirements in any particular year?

 

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