What is CPD?
Costs Lawyers must ensure that their expertise remains relevant and current throughout their professional careers. One way of achieving this is to carry out continuing professional development, or CPD. The term CPD refers to the learning activities that a practitioner engages in following entry into the profession.
For Costs Lawyers, CPD might involve learning activities aimed at:
- refreshing or updating existing knowledge about costs law and practice
- developing practical skills, such as advanced advocacy techniques
- acquiring new abilities to facilitate a changed role or promotion, such as people management
- understanding changes to legal or regulatory requirements that impact the profession, such as data protection laws
CPD requirements
New CPD Rules and guidance came into force on 1 January 2021, for the 2021 practising year and beyond. The new rules increased flexibility and choice for practitioners, by removing the old activity categories and points caps, ensuring that you are able to choose and undertake the right training for your development needs. You also need to reflect on the objectives and outcomes of your CPD.
The current CPD Rules and supporting materials can be found below.
What do I need to do?
To help you understand the CPD requirements for Costs Lawyers, you can watch this introductory video. It provides an overview of the regime and explains the changes from the old rules.
Once you have watched the video, start thinking about your development needs for the coming year and jot down your learning objectives. You can use our template for planning and recording your CPD, which can be downloaded using the link above. Alternatively, you can use your firm’s CPD record or create your own.
Once you have carried out your CPD for the year – and obtained a minimum of 12 CPD points – you can complete your CPD record by reflecting on the extent to which you have achieved your learning objectives.
The Ongoing Competency Framework
Building on the Costs Lawyer Competency Statement – which applies at the point of qualification – the Ongoing Competency Framework is designed to help Costs Lawyers identify new skills they will need as they progress through their careers. It is important to understand how to use the Ongoing Competency Framework and how it relates to your annual CPD.
Over time, you might require new knowledge and skills that are specific to your job role, areas of practice, stage of career, or changes to the law or client expectations. It is important to engage in ongoing professional development to ensure you remain competent and up-to-date by reference to your individual role and circumstances. The Ongoing Competency Framework helps you do this by setting out additional or enhanced competencies that are likely to be required as you progress in the profession.
It does this by focusing on three practising scenarios in which Costs Lawyers are likely to find themselves after qualification, namely becoming:
- an experienced practitioner;
- a people manager; and/or
- a business manager.
When planning your CPD for the year ahead and setting your annual CPD objectives, you should consider whether you need to undertake development activities to build one or more of the skills in the Ongoing Competency Framework. The Framework can be downloaded using the link above.
Where do I find more information?
Our CPD guidance, which can be downloaded using the link above, contains lots of detailed information about your CPD obligations and how you can ensure your CPD activities are relevant to your learning needs. This should be your first port of call.
The FAQs below contain answers to a variety of practical questions about CPD. Lessons for Costs Lawyers from the audits of CPD records, are available via our Supervision webpage.
If you have a query that is not covered in any of these materials, please contact us and we will help you on an individual basis.
Wider professional practice
As well as developing your technical legal knowledge, consider if you need to develop additional skills in wider professional practice, including those in the Ongoing Competency Framework. Free online options include:
| Legal Ombudsman | Free online courses on good complaint handling practices. To access: enroll via the website or email [email protected] if the next available date is not showing. |
| LawCare |
LawCare offers training on mental wellbeing, management and supervision, vicarious trauma and the new SRA workplace behaviour rules. Fit for Law – The Open University in collaboration with the charity LawCare. Two free 4 hour online training courses on emotional competence and professional resilience aimed at upskilling legal professionals to promote psychologically and emotionally healthier ways of working in law.
To access: visit the Fit for Law website |
| NCSC | Online learning from the National Cyber Security Centre on cyber security. To access: visit the webpage and follow the links. |
Frequently Asked Questions
Your CPD obligations
- Identify your training needs and set CPD objectives that are aligned to your individual role and responsibilities and to the professional standards in the CLSB Code of Conduct
- Undertake relevant CPD activity, achieving a minimum of 12 CPD points each practising year (January to December)
- Evaluate the effectiveness of your CPD against your objectives
- Record your CPD (including your objectives and evaluation) and report it to us upon request
Detailed advice on each of these CPD stages can be found in our CPD guidance. There is a link to the guidance at the top of this webpage.
- Legal and technical competence
- Professional ethics and behaviour
- Dealing appropriately with your client and third parties
- Management
More information about these categories, and how they are linked to the CLSB Code of Conduct, can be found in the CPD guidance. There is a link to the guidance at the top of this webpage.
No. The categories are there to help you think about your development needs in a structured way. If you don’t have development needs in a particular category, there is no need to undertake CPD relating to that category.
Yes. You must achieve at least 12 CPD points each practising year, in accordance with CPD Rule 1.3. This is a minimum standard and, if your individual development needs necessitate achieving more than 12 CPD points, you should do so.
There are some exceptions to this requirement, for example if you have been on long term leave during the CPD year. More information about exceptions can be found in these FAQs, under the heading “Inability to meet your CPD obligations” below.
The Ongoing Competency Framework focuses on three practising scenarios in which you might find yourself after qualification, namely becoming:
- an experienced practitioner;
- a people manager; and/or
- a business manager.
If you are in any of these scenarios – or they are relevant to your future aspirations – you should consider whether you need to build one or more of the skills in the Ongoing Competency Framework. If so, you will need to consider whether you require training, mentoring or other types of professional development and support. A good moment to do this is when planning your CPD for the year ahead and setting your annual CPD objectives.
There is a link to the Framework at the top of this webpage. The Framework provides examples of when you might be considered an experienced practitioner, people manager or business manager.
There is detailed information about your CPD obligations in our CPD guidance. We also provide a template document for planning and recording your CPD, along with a worked example to show you what a completed template might look like. There are links to these documents at the top of this webpage.
If you have questions relating to your individual situation, please contact us.
Your CPD objectives
Setting objectives will help ensure the CPD activities you undertake are directly relevant to your individual training and development needs, by taking into account your current role and responsibilities, the Code of Conduct, existing skills and experience, and any changes planned. It will also help ensure your CPD activities are targeted to any skills in the Ongoing Competency Framework that you need to develop in the coming year.
Objectives should be set at the start of each practising year, building on the evaluation of CPD undertaken in the previous year. This will allow you to plan your CPD for the year, rather than trying to fit everything in at the end of the year to achieve the minimum CPD points required, when relevant training may not be available.
Your objectives should be specific, reflecting your own practice and existing skills, as well as any learning needs and emerging issues. This will ensure you get the most benefit from the process, which is designed to benefit you and your clients; it is not just a box-ticking exercise. “Keeping up to date in costs law” is unlikely to be a meaningful objective.
No. The categories are there to help you think about your development needs in a structured way. If you don’t have development needs in a particular category, there is no need to undertake CPD relating to that category.
Your CPD activities
CPD is defined in CPD Rule 1.1 as an activity over and above your routine practice to develop your skills, knowledge and professional standards as a Costs Lawyer. Any activity that falls within that definition counts as CPD.
A non-exhaustive list of activities is set out in CPD Rule 3.1. More information can be found in the CPD guidance under the heading “Undertaking CPD activity”. There is a link to the guidance at the top of this webpage.
There are some activities that do not count as CPD. These include work that forms part of routine practice, chargeable client work and general social media activity (see CPD Rule 3.2).
In accordance with CPD Rule 3.1, you get one CPD point for each full hour you spend engaged on an activity. For CPD not completed in full hour blocks you can get part points. For example, a seminar of 1 hour 45 minutes would attract 1.75 CPD points, and one of 30 minutes would attract 0.5 CPD points.
Yes. The new CPD Rules, which apply from 1 January 2021, abolish all points caps and activity categories in favour of a more flexible approach that allows you to determine which learning activities best suit your individual needs.
You still need to ensure that your CPD activities are pitched at a level that is appropriate to your professional development needs (CPD Rule 3.3).
This depends on how many hours you spend engaging with learning activities and materials offered by ACL, and whether those activities and materials are relevant to your own professional development. For more information, see paragraphs 20 to 22 of the CPD guidance. There is a link to the guidance at the top of this webpage.
No. You can use any provider. But you should satisfy yourself that the provider is sufficiently competent and knowledgeable to meet your learning needs.
If you are looking for a Costs Lawyer who is accredited to provide CPD training, visit our Accredited Costs Lawyers page.
Yes. If it suits you, you can do all your CPD remotely.
Remote learning options that you could consider include:
- Webinars offered by legal services firms or chambers. These are often delivered live, enabling participants to ask questions and view slides in real time.
- Online materials, such as training videos, offered by legal knowhow services to which many firms have existing subscriptions.
- Distance learning courses or modules.
- Podcasts, e-books, articles and other online commentary.
Recording your CPD
Yes. We have a template document for planning and recording your CPD each year. There is also a worked example to show you what a completed template might look like. There are links to the template and worked example at the top of this webpage.
No. You can create your own record or use your firm’s template (if they have one). It’s your choice.
Whatever method you use, you need to capture all the information you’re required to record under CPD Rule 2.3. That information is:
- Your training needs and the associated objectives
- Your CPD activity
- Your evaluation of the activity’s effectiveness
Reporting your CPD
We need you to report your CPD so we can see that you are complying with your obligations in the CPD Rules.
We will ask you to report your CPD in two ways.
First, you need to tell us which CPD activities you have carried out when you apply for a practising certificate. All Costs Lawyers must do this each year. You can do this by inputting details of your CPD into your practising certificate renewal form.
Second, if you are selected for audit you must submit evidence of your assessment of training needs, objectives and evaluation. You can do this by providing your completed CPD record (whether you have used our template form, your firm’s form or your own form).
If you intend to complete CPD in late November or December, after submitting your practising certificate application, you should note this on your CPD record as usual. Please ensure the CPD activity is booked before it is entered on your CPD record (for example, by reserving a place at a conference, accepting an invitation to a seminar or registering for a webinar).
If the CPD activity is not in fact undertaken for any reason, you will need to choose another CPD activity and let us know about the change to your CPD record. Please remember that CPD records are subject to audit.
Individual Costs Lawyers are selected for audit randomly each year. As a general rule, we will exclude Costs Lawyers who were selected for (and passed) an audit in the previous practising year.
You might also be audited if, through our supervision processes, we have cause to be concerned that you might not fulfil your CPD obligations. This might be, for example, if you are currently subject to practising conditions.
If you have fulfilled your CPD obligations, then the audit process will generally be straightforward and swift. We will write to you by email if you are selected for audit. Further information can be found on page 10 of our CPD guidance. There is a link to the guidance at the top of this webpage.
Non-cooperation or persistent failure to address issues will be dealt with under our Disciplinary Rules and Procedures. Information about that process can be found on our Disciplinary Outcomes page.
Compliance with the CPD Rules is a condition of practising as a Costs Lawyer under the Practising Rules. Failure to comply means your practising certificate could be revoked or made subject to conditions.
No. CPD achieved in one year cannot be carried over, or otherwise attributed, to the following year. You should identify your learning objectives on an annual basis and carry out activities during the year that are relevant to meeting those objectives.
Inability to meet your CPD obligations
It is important to carry out sufficient CPD activities each year to achieve at least 12 points, in line with your development needs. We can only issue a practising certificate to a Costs Lawyer who has less than 12 points if:
- the Costs Lawyer did not work for the whole year (see CPD Rule 1.4); or
- exceptional circumstances have justifiably prevented them from meeting their CPD obligations (see CPD Rule 4.1).
More information about exemptions to CPD requirements can be found at paragraphs 33 to 37 of the CPD guidance. There is a link to the guidance at the top of this webpage.
Under CPD Rule 1.4, if you:
- qualify part way through a CPD year
- are reinstated part way through a CPD year
- take long term leave during a CPD year
you will only be required to achieve (a minimum of) one CPD point for each full month worked during that CPD year.
You will need to provide evidence of long term leave at the time you apply for a practising certificate for the following year. This might be a letter from your employer or healthcare professional. You will be able to upload your evidence as part of your practising certificate application.
You will need to submit evidence of any exceptional circumstances with your application for a practising certificate. The online application form will prompt you for details if you enter less than 12 CPD points, and you can also upload other documents.
If you had a period of ill-health, you will need to provide a medical note or letter from a doctor or other healthcare practitioner.
If you were absent from work for an extended period, you will need to provide a letter from your employer or organisation confirming the period of absence.
Where you have been on extended leave for part of the year, you will still need to attain one CPD point for each month (or part month) during which you were practising.
If you have had correspondence with us during the year about your exceptional circumstances, please make sure you also include details in your application form.
There is still time to undertake CPD during November and December. We would encourage you to consider any in-house training available as well as relevant webinars, which can often be completed from your desk or at home.