Newsletter – January 2021

From the CEO

The CPD requirements for Costs Lawyers changed on 1 January 2021, following consultation with the profession last year. The old CPD regime had been around for many years, but the legal sector has moved on. Regulation must keep pace with market changes in order to support a modern and nimble profession. We have therefore abolished the old CPD points caps and activity categories, in favour of a more flexible approach that allows you to decide which learning activities best suit you.

Some things haven’t changed. You must still obtain a minimum of 12 CPD points each year and report your CPD activities when you apply for a practising certificate. Other things are changing now. To ensure your CPD activities are aligned to your individual needs, you must set objectives for your CPD at the start of the year. By the end of the year you must evaluate the effectiveness of your chosen CPD against those objectives. You can choose any CPD activities that are relevant to you, delivered in any format, by any provider.

The new rules are designed to ensure that all Costs Lawyers reflect meaningfully on their CPD, but also give you the freedom to choose how to meet your development needs. If you already take a thoughtful approach to CPD and set development objectives for the year, then all you need to do is check that the way you record your CPD meets the new requirements.

There is a wealth of material on the CPD page of our website to help you navigate the changes. We suggest you start by watching the introductory video on that page. If you still have questions, you can register for our Virtual Q&A on 3 February (see below in the Regulatory News section for more details).

We hope that the new CPD Rules are accessible and clear, putting you in control of your ongoing learning and development as a Costs Lawyer for the benefit of you and your clients.

Kate Wellington

CEO

Regulatory News

Register for our Virtual Q&A on the new CPD Rules (3 February 2021)

The new CPD Rules for Costs Lawyers are now in force. You will need to comply with the new requirements from the 2021 practising year going forward. You can find lots of information about what’s changing (and what’s not) on our CPD webpage. If you still have questions, sign up for our Virtual Q&A lunchtime session on Wednesday 3 February at 12-1pm. Click here to register.

Chair of the CLSB

We are pleased to announce the appointment of the next Chair of the CLSB board, David Heath CBE. David has a long history of public service, including as a former government Minister and Deputy Leader of the House of Commons.

David also brings a wealth of experience in regulation and consumer affairs, holding non-executive roles with organisations such as the Solicitors Regulation Authority, Consumer Council for Water, and Institute and Faculty of Actuaries.

David will take the reins from our outgoing Chair, Steve Winfield, in March 2021 when Steve retires at the end of a seven year term. More information about David can be found in his bio on our website.

New guidance on ATE insurance

We have recently updated our Guidance Note on After the Event (ATE) insurance.

Take a look at the guidance if you currently offer ATE insurance to clients, you are thinking about doing so in the future, or you act for clients who would benefit from information about insuring against legal costs and expenses in a live dispute. The guidance explains the circumstances in which you can recommend or arrange ATE insurance for a client.

HMCTS publishes guidance on court safety

The government has recently published a blog drawing together the latest guidance on ensuring the safety of court users – including lawyers – during the current national lockdown.

HMCTS has recognised that levels of concern amongst practitioners and the public have increased in recent weeks and has used the blog to explain the safety measures that have been put in place. There are also escalation routes for professional court users who have particular concerns.

Fax machines and analogue services being phased out

Ofcom (the telecommunications regulator) and Openreach have asked us to let Costs Lawyers know about upcoming changes to the telephone network that will have implications for legal businesses.

The old analogue telephony network in the UK will close by the end of 2025. That network supports older devices, such as fax machines, and these are unlikely to work when the network is digital. The rule of thumb is that when the telephone line is changed to digital, any device that currently plugs into a wall socket will need to be plugged into the broadband router instead. Openreach advises businesses to begin phasing out this kind of equipment.

Further information can be found on the Ofcom or Future of Voice websites, or you can contact Openreach directly if you have questions about your business.

Spotlight on… the impact of the Legal Services Act 2007

In this newsletter, we turn our spotlight on the success (or otherwise) of the Legal Services Act 2007 in reforming the legal market. Crispin Passmore of Passmore Consulting asks what has changed since 2007 and looks to the future for Costs Lawyers and the wider legal profession.

“When I am talking to US State Bars and Supreme Courts, I am often asked what has changed since 2007. I always start by reminding them that passing legislation achieves very little – real change only started in 2012 once the SRA could licence alternative business structures, and that is just one part of a package of reforms that have been delivered since then. There is no magic solution to the developed world’s access to justice problems and the US regime makes even a pre-Legal Services Act England and Wales look like a liberal fantasy. But what has changed in England and Wales since the Legal Services Act was implemented?”

Read More

Up and Coming…

Expect more from us shortly on:

  • The next COVID impact survey
  • A call for input on the competency framework for qualifying Costs Lawyers
  • Data on the size and make-up of the profession in 2020
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