SRA: Ongoing evaluation of SQE
A stronger focus on ethics, as well as new provisions on AI, supervision and wellbeing, are set to be added to the statement of solicitor competence (SoSC).
A specific requirement that solicitors should be able to understand and apply ethical duties in practice and “prioritise when they come into conflict with each other”, has been proposed by the Solicitors Regulation Authority (SRA) in a consultation published yesterday.
The SoSC sets out what solicitors need to be able to do to perform their role effectively. Aspiring solicitors are tested against it by the Solicitors Qualifying Exam (SQE), while qualified solicitors are obliged to ensure they continue to meet it when assessing their continuing competence needs.
It was published in 2015 and has been reviewed as part of the ongoing evaluation of the SQE, which was introduced in 2021.
Ethics is the first element of the SoSC. The SRA said: “We acknowledge the need for a greater focus on ethics and professional conduct in light of recent concerns about the ethical behaviour of some solicitors and firms.
“We have also considered the Legal Services Board (LSB) statement of policy on upholding professional ethical duties and our ongoing work on ethics.”
The proposed new competences aimed to reflect “the importance of being able to prioritise ethical obligations when they come into conflict with each other and understanding when and how to raise concerns about ethical issues or unethical behaviour”.
The SRA reported “a strong consensus” amongst stakeholders that the SoSC needed to explicitly reflect the use of technology and specifically AI.
So the requirement that solicitors “maintain the level of competence and knowledge to be able to practise effectively” has added that this should be done by taking into account developments in technology, including AI.
The provisions on undertaking legal research add checking “the outputs from technology including AI, by reference to primary resources”, while making the “appropriate use” of technology has been added to the requirement of being able to draft documents from start to finish.
In light of the Mazur ruling earlier this year, the SRA wants to add a whole new section on supervision. This also stresses the need for solicitors in supervisory roles to oversee the use of technology.
A proposed new section on managing health and wellbeing says solicitors should understand the importance of their own health and wellbeing, and know when to seek support.
The SRA has also reviewed the functioning legal knowledge (FLK) that it expects candidates taking the SQE to have but decided against any fundamental changes to the practice areas it covers.
“In our wider engagement as well as during this review, we also received feedback that the breadth and depth of the FLK is too wide and that the core areas are covered by the FLK too numerous.
“To include more subject areas would not alleviate this concern. It could add cost to the SQE and could result in longer assessments.
“Additionally, to remove or reduce some practice areas and replace with others would not reflect our responsibility, set out to the LSB, to ensure that those we admit have demonstrated they are able to practise competently across the range of reserved activities.”
The consultation includes some very specific additions to and deletions from the FLK, such as removing the scope of anti-avoidance provisions in relation to income tax, capital gains tax, corporation tax and inheritance tax.
Beth Black, SRA director of education and training, described the SoSC as “an important foundation” of confidence in solicitors.
“By keeping the framework up to date, we can help make sure it remains a practical and relevant tool for solicitors, employers and educators, while continuing to support the high standards and public confidence on which the profession depends.
“We want to hear a wide range of views on the proposed changes so that the final framework remains clear, robust and fit for the future.”
