The SRA has produced a competence statement (the competence statement) which describes the indicative behaviours that a competent solicitor should be able to demonstrate (www.sra.org.uk/solicitors/competence-statement.page). The competence statement covers four key areas of activity which a competent solicitor should address: self-management; management of others; professionalism and ethics; and technical knowledge.

The SRA’s toolkit on CPD states that complying with the competence statement is an integral part of the requirement to provide a proper standard of service. However, competence in all of the four areas is not expected. Compliance, in this context, means being able to evidence use of the competence statement as a guide to identifying and addressing learning needs. The emphasis is on whether the individual solicitor, and ultimately the whole firm, is in a position to provide a proper standard of service.

Criticism of the changes has focused on the fact that competence is not strictly defined, rather it is determined as an ability to discharge the duty under Principle 5 of the SRA Handbook to provide a proper standard of service. The SRA has allowed law firms to exercise discretion about what competence looks like and how to describe it. Firms are at liberty to draft their own competencies provided that these meet the outcomes of the SRA’s version. However, there is nothing to stop a firm simply adopting the competence statement without amendment.

Under the new regime, an individual solicitor must be able to make a declaration of competence in relation to the areas of the competence statement relevant to his usual working duties, and to produce evidence to support that assertion. Just in case the SRA, one day, has cause to come looking for evidence of competence, there must be an audit trail demonstrating compliance. Preserving evidence is not an alien concept for solicitors, however, the SRA will want to see that:

Capturing that information in a useful, but not burdensome, way will involve solicitors understanding their personal responsibility for demonstrating competence. That responsibility is shared by the solicitor’s employer, so there needs to be support and structure available. However, ultimately each individual solicitor has to account for his own learning.

As professionals who strive to carve out a reputation for subject-matter expertise, the idea of being merely “competent” is unappealing to solicitors. In addition, most solicitors equate learning with lectures: that is how they originally studied law and that is how they want their CPD. Lectures fit well with an hours-based approach. For some solicitors, the removal of CPD hours is confusing because this will disrupt a lifetime of learning patterns.

These factors, coupled with a broad distrust of the SRA and a heavy level of cynicism about new initiatives, suggest that the new regime may not be popular initially. However, some firms may take an alternative perspective: choosing to focus on the opportunities provided by the new regime.

In the learning and development world, “competencies” have long been used to describe behaviour, for example how someone works in contrast to merely what someone does. This is an important distinction. When delivering sophisticated legal services, technical expertise is expected. The distinguishing factor is how the service is delivered.

Considered in this light, defining “what good looks like” in a law firm is key. Or, put another way: what behaviour lies behind a competent performance. It is an essential element of implementing any business strategy to ensure that a firm’s solicitors are equal to the expectations of the business. In order to recruit and develop solicitors effectively, it is vital to know what values, behaviour and expertise the business needs. The new regime allows law firms to define their own standards and goals for learning and development, which are tailored to their particular client needs. Any purposeful learning activity will be recognised, provided that the intended outcome of the learning is clear and there is consideration of whether learning has been successful, for example that it has been implemented in practice.

The new regime encourages solicitors to broaden their range of skills beyond technical expertise. The people skills that solicitors use to challenge and support clients often seem to evaporate when dealing with colleagues in their own workplace. However, self-management and working with others are now recognised aspects of competence under the new regime.

The new regime also offers the flexibility for solicitors to focus their learning and development in a way that helps them keep up to date. Technology is having a huge impact on the ability to search and access information, learn on the go and share learning. It is important that the legal profession is in touch with these changes, after all, their clients will be. At a time of rapid market change, law firms need to be agile and adaptable. The new regime provides an opportunity for firms to train their solicitor employees to meet these demands.

Letting go of the CPD hour creates an opportunity for law firm leaders to think widely and deeply about what is needed to create a successful legal business. It all comes back to strategy: where is the business headed and what will it take to get there?

In the past, law firms operated on the assumption that their solicitor employees would simply “do the right thing”. That is unlikely to be a recipe for long-term success now. Firms need to equip those individuals with the skills, knowledge and attitudes necessary to do the job required of them to the highest possible standard. Taking that approach, the new regime can be seen as a starting point rather than a matter of mere compliance.

Nicola Jones is a co-founder and director of Athena Professional. Athena Professional was a finalist in the Association of Business Psychology Awards 2016.