In Industry Insights

By Samantha Bray

Maintaining and upholding the standards of legal practice is a key part of being a member of the profession. For solicitors, this regulatory requirement is set out under the Solicitors Regulation Authority (SRA) Continuing Competence regime.

Continuing competence focuses on:

  • Identifying and reviewing your learning needs;
  • Undertaking learning to meet your needs;
  • Reflecting on your learning;
  • Identifying and reviewing future learning needs.

Replacing the old hours-based CPD system in November 2016, solicitors are specifically required to reflect on their learning and how it applies to their practice. However, this aspect of reflection is often overlooked or done superficially by some solicitors.

The findings of the 2023 assessment of solicitors’ continuing competence involved a review of the training records of a sample of probate solicitors. Following the SRA’s request for training records from 100 solicitors, they ultimately reviewed 140 records. The subsequent findings were encouraging, indicating that many records “showed good practice,” demonstrated that “reflection was ongoing,” and included clear explanations supporting the learning.

However, the SRA raised concerns about the significant number of solicitors (66 in total) who merely “listed” the training and learning undertaken (e.g., naming a course or citing the date it was completed). The SRA has made it clear that it is not enough to simply “do the training”—continuing competence involves an element of reflection that shows how the learning has informed practice.

Why solicitors may not be reflecting effectively

  • Lack of time: Many solicitors work in high-pressure environments with heavy workloads, making it difficult to dedicate time to reflect on their training.
  • Focus on completing requirements: Some may focus on “ticking it off” rather than genuinely reflecting on how the training impacts their practice.
  • Unclear guidelines: The SRA’s requirement for “reflection” can seem vague (“We all reflect in different ways, and there is no one way to do it…”). Without clear, actionable guidance, some solicitors may not see its value or may not know how to do it properly.
  • Perception of training as a task: If training is seen as an obligation or a box to tick rather than an opportunity for professional growth, solicitors might not engage with it meaningfully.
  • Insufficient support from employers: In some cases, law firms or in-house legal teams may not provide enough encouragement or tools to help solicitors engage in reflective practices.

How to stay off the regulator’s radar

  • Clearer guidance: Providing more specific examples or frameworks for reflection—such as asking solicitors to apply new learning to recent cases or assess its impact on client outcomes—could make reflection easier and more meaningful.
  • Reflection tools and templates: Employers or training providers could adopt the SRA template and enhance it to include prompts that help solicitors document and reflect on their training. For example, asking how the knowledge could improve practice or how new skills can be integrated into daily work. Structured documentation will serve as vital evidence if the SRA requests your records.
  • Incorporating reflection into supervision: Encouraging regular reflection during performance reviews or one-on-one meetings with supervisors could foster a culture of reflective practice in firms.
  • Employer-led culture change: Firms could create environments where reflection is viewed as a positive, developmental activity rather than just a regulatory requirement. Senior lawyers or partners could model reflective practices by sharing how they apply training and learning to their own work.
  • Accountability and peer learning: Peer-led discussions or learning circles, where solicitors share experiences and applications of new knowledge, could help create a shared sense of responsibility for professional development.

If done effectively, reflection is a valuable part of continuing professional development. It’s not just about fulfilling a regulatory requirement but about improving client service, enhancing legal expertise, and fostering a culture of lifelong learning in the profession.

There may not be a clear stipulation to record your reflections in a specific way, but in our experience, if it isn’t written down—it didn’t happen. We fear the SRA may take the same view.

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