The following Practice Compliance practice note provides comprehensive and up to date legal information covering:
Under the SRA Standards and Regulations:
solicitors, registered European lawyers (RELs) and registered foreign lawyers (RFLs) must maintain their competence to carry out their role and keep their professional knowledge and skills up to date
SRA-regulated firms must ensure their managers and employees are competent to carry out their role and keep their professional knowledge and skills, as well as understanding of their legal, ethical and regulatory obligations, up to date
solicitors, RELs, RFLs and firms must all ensure the service they provide to clients is competent
The SRA’s continuing competence regime operates alongside the Code requirements, and applies to a more limited group of people—see below: Who must comply with the continuing competence requirements? It does however provide a framework for all lawyers and firms to assess, maintain and monitor competence.
This Practice Note looks at the SRA's continuing competence regime, focusing on the Statement of solicitor competence, Statement of legal knowledge and how to demonstrate compliance with the requirements. Practice Note: How to assess, maintain and monitor competence considers the competence lifecycle and practical issues arising from the competence regime.
The SRA’s continuing competence regime has been mandatory since November 2016, replacing the previous hours-based CPD regime.
Continuous competence requires solicitors to reflect on their practice and identify (and then address) their learning and development needs to keep their skills and knowledge up to date.
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
What is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which disposes, with finality, of a matter decided so that it cannot be re-litigated by those bound by the judgment, except on appeal.Final judgments by
Source of the doctrine of the separation of powersThe origins of the doctrine are often traced to John Locke’s Second Treatise of Government (1689), in which he identified the 'executive' and 'legislative' powers as needing to be separate.‘… it may be too great a temptation to human frailty, apt to
What is recklessness?In respect of some statutory offences and common law crimes the prosecution are required to prove a mental element of recklessness on the part of the defendant.Recklessness means unjustified risk taking on the part of the accused.Prior to the House of Lords decision in Re G
Deceit—what is it?A deceit occurs when a misrepresentation is made with the express intention of defrauding a party, subsequently causing loss to that party.The elements of a claim in deceit are:•a clear false representation of fact or law•fraud by the maker, in the sense that they knew that the
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.