Newsletter – October 2023

From the CEO

As we approach the end of the practising year, it is worthwhile taking a moment to reflect on your CPD for 2023. There is still time to ensure that you have undertaken sufficient CPD to comply with the CPD Rules, in line with your training objectives. Here are some tips for what you should be thinking about now.

At this stage of the year, we encourage you to:

  • Ensure you’re on track to have a minimum of 12 CPD points by the end of December (or 1 point for each full month worked if you haven’t been practising throughout the year). If you don’t currently meet the minimum requirement, you should plan and book the additional CPD you need, in line with your CPD objectives for the year. Remember that CPD activities need not have been completed before you submit your application for a 2024 practising certificate, but you do need to have planned and booked them in so you can provide the details required in the application form.
  • Update your full CPD record with all CPD activity you have carried out to date, as well as your evaluation of that activity against your objectives. A suggested template is available on our CPD webpage, which you might find useful. There is no obligation to use the template, but it provides a structure which you can be confident will allow you to meet the requirements of the CPD Rules. We have recently updated the template in light of findings from our CPD audits over the last two years.
  • Gather evidence of CPD undertaken throughout the year together in one place, in case you are selected for audit. You must retain evidence of CPD undertaken in 2023 until the end of 2025. If you leave your organisation, make sure you take the evidence with you. Where you have completed a CPD activity for which a certificate of attendance (or similar) was not provided, our Guidance Note explains the kind of evidence we would expect you to keep.

Our CPD webpage contains a wide range of resources, including the CPD Rules, Guidance Note, suggested template for planning and recording CPD, a worked example of the template and much more. There are also extensive FAQs covering your CPD obligations. As always, if you can’t find the information that applies to your specific circumstances, please contact us in good time before the end of the year.

Kate Wellington

CEO

Regulatory News

Now open: Registration for next CLPQ intake

ACL Training is now accepting applications for the second intake of the Costs Lawyer Professional Qualification (CLPQ), commencing in February 2024. ACL Training’s new flexible course can be undertaken in two years, with various exemptions available for prior learning. If any of your colleagues or team members might benefit from undertaking the new qualification, please encourage them to contact ACLT.

More information is available via ACL Training’s website or the CLSB’s qualification webpage. You can also register directly with ACL Training via their online portal.

Outcome of recent consultation on the Code of Conduct

Thank you to the Costs Lawyers and other organisations that responded to our consultation on changes to the Code of Conduct. Adherence to professional standards is a key point of difference between Costs Lawyers and unregulated costs advisers, and we were pleased to receive support for our proposals to update and strengthen the Code. We have taken your feedback on board and a consultation outcome report is now available.

We will shortly be applying to the Legal Services Board for approval of the proposed changes. Subject to that approval, we expect to implement the new Code of Conduct in early 2024. If you have any questions about the changes, please contact us.

Updated policy: Approach to enforcement for lack of competency

We recently updated our policy statement on enforcement and sanctions to include new guidance on the CLSB’s approach to enforcement where a practitioner does not meet the standards of competency expected of an authorised Costs Lawyer.

The policy statement covers the factors that might indicate a lack of competency, how we would expect a Costs Lawyer to remedy the situation, and the enforcement options available if appropriate action is not taken. The policy statement also explains how the CLSB is likely to respond if a Costs Lawyer is unable to meet our competency requirements on a temporary basis.

New free online CPD course from LawCare

LawCare recently launched the second instalment in its Fit for Law training series; an ongoing programme to promote psychologically and emotionally healthier ways of working in the law. The course takes 2 to 4 hours to complete but can be broken down into smaller sections. It is open to all regulated Costs Lawyers and will count toward your CPD requirements if it is relevant to your CPD objectives.

Focused on working with others, the topics covered on the course include working effectively with clients, working effectively with colleagues, and collaborating with third parties. If you undertake the course, please ensure you enrol and login so that you can complete the interactive activities and get a Statement of Participation for the purpose of evidencing your CPD. For more information visit www.lawcare.org.uk/fitforlaw.

Get ready to renew your practising certificate

Applications for 2024 practising certificates will be sent to regulated Costs Lawyers by email in early November. You can start preparing now by ensuring you have all the information you need. Here are some things to think about.

  • You’ll need to tell us about your CPD activities in 2023 – see the message above from the CEO for more information.
  • Unless you work in-house or for a firm regulated by the SRA, you will need to provide evidence of your professional indemnity insurance and your complaints procedure. You may need to request these from the relevant department within your organisation prior to starting your renewal application.
  • If you need a particular reference on the invoice for your practising certificate fee, you will be asked to enter this in your application.
  • Please make sure you have updated your details with us – particularly your email address – if you have changed jobs during the year.

If you have any questions about renewing your practising certificate, there are FAQs on our website that you might find helpful.

Spotlight on… using diversity data to help Costs Lawyers thrive

In this newsletter, we turn our spotlight on the reasons why the CLSB collects diversity data and why it’s important for the future of the profession. Kerry Gilsenan, Regulatory Policy Manager at the Legal Services Board (LSB), explains how diversity data is used by regulators and what you can do to help.

“Diversity data collection is an important opportunity to empower regulators such as the LSB and the CLSB to take meaningful interventions that make the legal profession a place where anyone can enjoy a successful career regardless of their background. This evidence is central to the design of initiatives that tackle barriers to equality, diversity and inclusion at every stage of a lawyer’s career, from recruitment to progression and retention.”

Read More

Up and Coming…

Expect more from us shortly on:

  • Confirmation of the 2024 practising fee
  • National Pro Bono Week (6 to 12 November)
  • A new free course on remedies from the Legal Ombudsman
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