header-logo header-logo

Spot checks and reaccreditation on the horizon?

10 February 2021
Issue: 7920 / Categories: Legal News , Profession , Training & education
printer mail-detail
Tougher checks on professional competence throughout a lawyer’s career could be introduced, the Legal Services Board (LSB) has said.

In a report published this week, ‘Ongoing competence’, the LSB notes that while legal regulators take steps to ensure lawyers are competent when entering the profession, there are fewer formal or consistent checks in place to guarantee ongoing competence.

It looked at competence checks used in other sectors, such as financial services, aviation and teaching. It identified various potential approaches that could be used in the legal sector, including spot checks and file reviews, periodic reaccreditation requirements, using feedback such as reports from judges where concerns were raised, and further training or supervision requirements.

The LSB, which issued a call for evidence on this topic last year, now intends to develop a set of ‘high-level expectations’ for regulators.

The eight legal regulators will be expected to set out the standards of competence for legal professionals at the point of entry and throughout an individual’s career and have mechanisms in place to identify professionals who are failing to meet those standards, identify areas of increased risk for consumers, respond when standards fall short and provide appropriate consumer protection where there is an increased risk of harm.

The LSB highlighted concerns about competence in immigration and asylum practice where mistakes can have grave consequences, as well as the quality of some criminal advocacy and the risk of miscarriage of justice.

Helen Phillips, chair of the LSB, said: ‘Many people assume that legal professionals are subject to ongoing formal reviews of their competence, but there are, in fact, very few routine checks once a lawyer has qualified.

‘Legal regulators typically do not have systems or processes in place to identify or respond to concerns about competence. This is unusual and out of step with other professions.’

Issue: 7920 / Categories: Legal News , Profession , Training & education
printer mail-details

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
back-to-top-scroll