It’s time, if you haven’t already done so, to log onto your mySRA and check your continuing competence obligations.

If you can’t yet (truthfully!) sign the annual statement confirming you have met the SRA’s continuing competence requirements in all aspects of your role (not just your technical legal practice) you need to act now. The renewal process for the next practising year ends on 31 October.

Competence.

Remember that all solicitors, from the newest qualified to the most experienced, are required to take responsibility for keeping their knowledge and skills updated. While the ‘how and when’ is not prescriptive, solicitors do need to own responsibility in good time for their continuing competence – however busy they are in practice.

While not a prescriptive requirement, the SRA ‘expects’ you to:

Reflect on all areas of your legal practice, and your ethical and professional obligations.
Reflect and identify your learning and development needs.
Plan and address those needs.
Keep updated records of your learning and development activities.
Evaluate how effective those activities are on your own competence.

The SRA provides useful templates and further guidance for solicitors which you will find helpful (particularly if you find yourself behind with your continuing competence obligation).

Keep off the radar.

Readers will not have failed to notice that continuing competence has been under the SRA’s microscope for some time now. It’s nearly three years since the regulator said it will crack down robustly where solicitors fail to maintain their continuing professional competence.

Since then, the SRA has started undertaking annual assessments of solicitors with the aim of identifying “competence risks and challenges” across the profession. The latest SRA annual assessment published this summer is somewhat reassuring: the regulator found that most solicitors keep their knowledge and skills up to date.

The report states: “From the sample of solicitors and firms we engaged with over the last 12 months, we also know that most firms have effective systems and controls in place. And that the solicitors they employ are competent and capable of delivering good quality legal services.”

Even so, the total number of reports about a solicitor or firm from members of the public, clients, and others increased from 11,177 in 2023 to 12,046 in 2024.

Generally, the SRA concluded that solicitors are “not fully reflecting on all aspects of their practice and limited awareness and use of our warning notices and guidance in maintaining competence”. Some firms, it added, over-rely on COLPs to distribute or provide access to warning notices and SRA guidance. However, it did acknowledge that some solicitors reported difficulties identifying all relevant warning notices and guidance, suggesting it will address this further.

Specifically, the SRA found a notable increase in reports concerning criminal and civil law:

a 28% increase in criminal law compared with 2023 – mostly relating to inadequate case preparation, failure to explain legal processes or outcomes clearly.
a 25% increase in reports around civil law compared to 2023 - clients receiving advice that was unclear or not tailored to their situation, inadequate representation in court, procedural failures including inadequate case preparation and failure to comply with court directions.

Unsurprisingly, the SRA’s focus in the coming months will be on firms and individuals in these practice areas. But whatever your area, don’t risk the SRA taking enforcement action further down the line – check your continuing competence in good time.

The Solicitors Group offer a 4-Hour SRA Webinar Bundle specifically designed to support your continuing competency. Buy the Bundle here.