SRA to probe competence of family law and landlord and tenant solicitors

The Solicitors Regulation Authority (SRA) is to examine how family law and landlord and tenant law specialists maintain their competence amid increasing reports about their practices.

The regulator will also consider whether it needs to be more prescriptive on the ethical training it expects of solicitors.

The second annual assessment of continuing competence revealed too that 240 solicitors failed to fully assure the SRA that they were maintaining their competence in their 2023 practising certificate renewals, of whom six are now being investigated after being contacted.

The declaration solicitors have to make as part of renewal is going to be changed this year as well.

The assessment – based on the reports about solicitors received by the SRA and its other work, such as thematic reviews – said “most solicitors keep their knowledge and skills up to date”, while most firms have “robust systems and controls in place to make sure that solicitors they employ remain competent to deliver good quality legal services”.

Between 2022 and 2023 there was a decrease in reports received for some areas of law, in particular neighbour dispute, immigration and residential conveyancing.

However, there was a 25% increase in the number of reports relating to family law – “a third of reports that related to a lack of competence referred to a solicitor’s lack of knowledge of family law or process and mistakes about the application of law to a client’s matter”.

A small number referred to solicitors acting where there was a conflict of interest.

The increase in reports on landlord and tenant solicitors was 49%, just over half of which referred to a lack of knowledge of the law and process.

“Stakeholders have also said to us that some solicitors provide poor advice to clients on ground rent costs and on the difference between leasehold and freehold.”

The SRA will now carry out thematic inspections of a sample of solicitors and firms in each area, as well as review a sample of training records, and write to all firms providing these services “to remind them of their obligations”.

The assessment identified wider challenges some solicitors and firms face in maintaining their competence and meeting their requirements.

These included “knowledge and application of professional obligations” and the SRA said “a priority over the next 12 months will be to take forward work to promote a culture in which professional obligation considerations are front of mind for solicitors and firms” – particularly among small and mid-sized firms.

It will also explore how to “encourage and support solicitors to report concerns about the ethical behaviour of solicitors to us”, and launch a full review of the continuing competence approach relating to upholding professional obligations.

“We will also explore whether there is a need for us to be more prescriptive of the ethical training we expect of solicitors.”

Other broader issues identified for further work were challenges in solicitors recording their reflection, “variable quality in how solicitors evidence maintaining their competence” – with a plan to consult next year on requiring that solicitors keep evidence of their learning and development – and some solicitors concentrating on maintaining technical legal practice at the expense of other areas of the SRA’s statement of solicitor competence that may be relevant.

The SRA said it has enhanced monitoring of the competence declaration made by solicitors when they renew their practising certificate and has changed it so that, this year, they will need to confirm that they are up-to-date with any legal, ethical, and regulatory obligations relevant to their role, have reflected on their practice and addressed any identified learning and development needs, and are competent to perform their role.

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