Introduction
Learning and development is crucial to ensure the continuing competence of us all, which is an integral part of the firm’s obligations to provide a proper standard of service. It is also vital to the future and growth of the firm in ensuring that it achieves its overall objectives.
Good learning and development opportunities are also important for job satisfaction and performance.
1. Purpose
The aim of this policy is to set out our approach to learning and development and to explain what is expected of you when undertaking and seeking learning and development opportunities.
2. Scope
This policy applies to all employees in The Eric Whitehead Partnership, including managers, consultants and any third-party that this policy has been communicated to.
3. Responsibility
Nicola Robinson is responsible for planning, coordinating and overseeing our learning and development needs; they are also responsible for this policy and monitoring our compliance with it.
Directors should mentor and train those they supervise in their daily work (for example by delegating work effectively, explaining the issues involved, and giving timely, clear and constructive feedback). They are also expected to identify training opportunities for those they manage. They may be expected to deliver training sessions for the benefit of staff.
Everyone is expected to show commitment to their own development. For fee earners that may include reading journals and updating services, attending training, writing articles and practice notes, and seeking opportunities to do work from which they can learn.
SRA Requirements
The SRA requires solicitors to maintain their competence by keeping their knowledge and skills up to date, including their understanding of any relevant legal, ethical and regulatory obligations relevant to their role. To meet this requirement, the SRA expects you to:
- Take responsibility for your own learning and development.
- Reflect – regularly consider the quality of your practice in all aspects of your role, including your technical legal knowledge, working with others, clients, and your ethical and professional obligations. This includes awareness and application of any warning notices and guidance issued by the SRA that are relevant to your work.
- Identify – through reflection, identify your learning and development needs.
- Plan and address – regularly update a plan on how you will address your learning and development needs.
- Record – keep an up-to-date record of your learning and development activity including how you identified your learning and development needs.
- Evaluate – think about the effectiveness of your learning and development
- Maintain an adequate and up to date understanding of relevant law, policy and practice.
- Adapt your practice to address developments in the delivery of legal services.
- Make an annual declaration on renewal of your practising certificate to confirm that you have completed these obligations. When making your declaration, you will need to confirm that:
-
- you have an up to date understanding of the legal, ethical and regulatory obligations relevant to your role
- you have reflected on your practice and addressed any identified learning and development needs
- you are competent to perform your role.
- you are acting honestly and with integrity and can evidence your competence.
You should retain records of how you identified your learning and development needs, the activities you have undertaken, and your reflection on their effectiveness. This evidence may be requested by the SRA to support your declaration.
For further guidance on making your annual declaration and meeting continuing competence obligations, refer to the SRA’s continuing competence resources.
This is in addition to the general duties set out in the SRA Codes of Conduct:
- Paragraph 3.3 of the Code for Solicitors: ‘you maintain your competence to carry out your role and keep your professional knowledge and skills up to date.’
- Paragraph 4.2 of the Code for Firms: ‘You ensure that the service you provide to clients is competent and delivered in a timely manner, and takes account of your client’s attributes, needs and circumstances.’
- Paragraph 4.3 of the Code for Firms: ‘You ensure that your managers are competent to carry out their role, and keep their professional knowledge and skills, as well as understanding of their legal, ethical and regulatory obligations up to date.
4. Appropriate training
We are committed to providing appropriate training to ensure that we are competent to perform the tasks that we are responsible for and that our employees satisfy their regulatory obligations with respect to learning and development.
The appendices to this policy set out mandatory core training requirements for all practice areas, as well as specific practice areas. There are also recommendations for optional additional training/resources which employees may wish to familiarise themselves with to broaden their knowledge and skill set.
Additional training needs will be considered during:
- Interviews
- Induction – to cover immediate training requirements and key policies applicable to the firm and the specific area of work. (see the People Management Procedures document for more information on the firm’s induction procedure).
- 1-to-1 meetings with supervisors/line managers
- Appraisals
Appropriate training will also be considered as part of a number of performance reflections across our firm, including:
- Firm-wide performance, including a review of our biggest risks, recent breaches, claims and complaints data, client feedback, compliance plan and profitability data.
- Department performance, including a review of departmental compliance data and risk assessments, plus upcoming changes to the practice areas.
- Individual performance, including information from appraisals, file reviews and other supervision-related data.
- Requests from personnel for training.
You are encouraged to review your own learning and development needs regularly and bring any training requirements to the attention of Nicola Robinson.
5. Appropriate training for supervisors and managers
Role specific training is also available to all managers and supervisors to help them further their management and supervisory skills. Such training needs will be assessed by us using the methods described above, however, you should feel free to request further support at any time. Contact Nicola Robinson if you would like to discuss managerial or supervisory training needs.
6. External training
Proposals for an employee to attend external training should first be discussed by that individual and their supervisor. Before any course is booked, approval should also be obtained from Nicola Robinson. This is to ensure the expenditure is appropriate and within our training budget, and so that the most effective and appropriate training may be obtained.
After attending external training, you must:
- Report on the quality and relevance of the training that you received;
- Pass on any useful precedents or training notes (so far as copyright allows) to others in your department who may find them useful; and
- Explain the main issues and learning points covered – provided they are relevant and useful – at the next department meeting.
7. Training records
We must all maintain records of our own learning and development; this can be done by using the Access Learning and recording training on our training record.
We, as a firm, also maintain central training records, to evidence compliance with the competency requirements set out in the SRA Codes of Conduct (as outlined above), therefore you must ensure that you send details of all training that you complete to Nicola Robinson so that the central record can be updated.
Solicitors can take any learning approach (formal or informal) and complete as little or as much training as they want to, provided that they can demonstrate the competencies required by the SRA statement of solicitor competence, which involves reflecting on development needs and drawing up and implementing a learning and development plan.
8. Training evaluation
Nicola Robinson is responsible for conducting an annual review of the effectiveness of training and development activity. The annual review will cover:
Resources committed to training;
- Benefits of training and development undertaken e.g. skills developed; goals achieved; and the expected contribution made by training and development to the achievement of our goals; and
- Planned changes to the learning and development approach i.e. using more cost-effective training methods such as videos and e-learning courses.
9. Learning and development plans
Nicola Robinson is responsible for developing and monitoring the firm’s overarching annual learning and development plan.
The firm’s plan is determined in line with training needs identified (using the methods highlighted above) and will be reviewed quarterly to ensure that it continues to meet our business objectives.
Learning and development plans for individual employees in a fee earning role will be agreed with line managers/heads of department.
- Training Requirements
Fee Earners across all Practice Areas – Mandatory Core Training Requirements:
| Knowledge required | Resources | Notes |
| Tax evasion – an understanding of what amounts to tax evasion and tax avoidance, the duty to report and internal prevention procedures. | · Anti-Facilitating Tax Evasion Policy
· Access Legal Tax Evasion Course |
Annual Enrolment Due January |
| AML and compliance with the MLR | · AML & CFT Compliance Policy and associated documents and policies.
· LSAG guidance: https://www.lawsociety.org.uk/en/topics/anti-money-laundering/anti-money-laundering-guidance · Access Legal training courses on AML. · Access Legal quarterly AML update webinars. |
Annual Enrolment Due March Enrolled quarterly |
| PEPS & Sanctions | · Access Legal PEPS & Sanctions Course | Annual Enrolment Next Due January 2025 |
| Bribery – an understanding of what bribery is and the importance of complying with internal procedures to prevent bribery occurring | · Anti-Bribery Policy
· Gifts Policy · Access Legal Anti-Bribery Course |
Annual Enrolment Due January |
| Climate Change – how climate legal risks may be material you your advice | · ESG Policy
· Access Legal ESG Course · Law Society resources on climate change |
Annual Enrolment Due November |
| Compliance Update | · Access Legal monthly regulatory and compliance update webinars | Enrolled Monthly |
| Data protection requirements and compliance with UK GDPR and DPA 2018 | · Data Protection Policy and associated documents and policies.
· ICO guidance · Access Legal training courses on data protection. · Retention and Disposal Policy. |
Annual Enrolment Due January |
| Client care – the importance of providing a high-quality service and minimising client complaints | · Client Care Policy
· Complaints and Reporting Policy |
|
| Conflicts of interest – how to identify and the exceptions of when you can continue to act | · Conflicts Policies
· SRA Codes of Conduct – paragraphs 6.1 – 6.2. · Access Legal training course on conflicts of interest. · Law Society Practice Note July 2023 |
Annual Enrolment Due January |
| Cyber security – an awareness of cyber security risks and how to protect against cyber attacks | · Hiscox Cyber Security Academy provided by our Cyber Insurance | Courses are auto re-enrolled annually |
| Emails and appropriate use | · Email Policy | |
| Equality and diversity – an understanding of their importance and compliance with the Equality Act | · Equality and Diversity Policy
· Access training courses on equality and diversity. |
Annual Enrolment Due January |
| Internal file and case management procedures | · File and Case Management Procedures Manual | |
| Financial management – how finances should be managed and procedures that must be followed | · Financial Management Policy | |
| Health and Safety obligations for employees | · Health and Safety Policy | |
| Insurance Distribution Directive – an understanding of the IDD and how to comply | · Insurance Distribution Directive Policy
· MBL Training |
|
| Mental health and wellbeing – an understanding of mental health conditions, steps to take to promote positive mental health and wellbeing and how to approach mental health issues in the workplace. | · Mental Health and Wellbeing Policy and Supporting Document
· Access Legal training course on mental health for lawyers. |
Annual Enrolment Due August |
| Modern slavery – overview of the Modern Slavery Act and its impact on individuals and businesses. | · Access Legal training course on modern slavery. | Annual Enrolment Due August |
| Risk management – how the firm manages risk and how to minimise risks | · Risk Management Policy
· Access Legal training course on risk management in law firms. |
Annual Enrolment Due January |
| Sexual harassment and how to confront it in law firms | · Access Legal training course on sexual harassment | Annual Enrolment Due August |
| Social Media and appropriate use
|
· Social Media Policy
· Social Media Practice Note Law Society September 2023 |
|
| SRA regulatory requirements and how to comply | · https://www.sra.org.uk/solicitors/standards-regulations/
· Access Legal training courses on the SRA Codes of Conduct · Access Legal training courses SRA accounts rules. |
Annual Enrolment Due January
Annual Enrolment Due January |
| SRA Transparency Rules | · https://www.sra.org.uk/solicitors/standards-regulations/transparency-rules/
· SRA Transparency Rules Pack |
|
| Undertakings – what one is and the firm’s policy on undertakings | · Undertakings section in the File and Case Management Procedures Manual | |
| Unconscious bias – what it is and how to create a fair and diverse workplace | · Access Legal training course on unconscious bias. | Annual Enrolment Due January |
| An understanding of what whistleblowing is and the legal protections in place | · Whistleblowing Policy |
Support Staff across all Practice Areas – Mandatory Core Training Requirements:
| Knowledge required | Resources | Notes |
| AML and compliance with MLR | · AML & CFT Policy
· Access Legal training courses on AML for support staff. |
Annual Enrolment Due March |
| Bribery – an understanding of what bribery is and the importance of complying with internal procedures to prevent bribery occurring | · Access Legal training course | Annual Enrolment Due January |
| Data protection requirements and compliance with UK GDPR and DPA 2018 | · Data Protection Policy and associated policies.
· Access Legal training courses on data protection. · Retention and Disposal Policy.
|
Courses are auto re-enrolled annually |
| Compliance Updates | · Access Legal monthly regulatory and compliance update webinars | Enrolled Monthly |
| Cyber security – an awareness of cyber security risks and how to protect against cyber attacks | · Hiscox Cyber Security Academy provided by our Cyber Insurance | Courses are auto re-enrolled annually |
| Emails and appropriate use | · Email Policy | |
| Equality and diversity – an understanding of their importance and compliance with the Equality Act | · Equality and Diversity Policy
· Access Legal training courses on equality and diversity. |
Annual Enrolment Due January |
| Health and Safety obligations for employees | · Health and Safety Policy | |
| Mental health and wellbeing – an understanding of mental health conditions, steps to take to promote positive mental health and wellbeing and how to approach mental health issues in the workplace. | · Mental Health and Wellbeing Policy
· Access Legal training course on mental health and wellbeing |
Annual Enrolment Due August |
| Modern slavery – overview of the Modern Slavery Act and its impact on individuals and businesses. | · Access Legal training course on modern slavery. | Annual Enrolment Due August |
| Sexual harassment and how to confront it in law firms | · Access Legal training course on sexual harassment | Annual Enrolment Due August |
| SRA regulatory requirements | · https://www.sra.org.uk/solicitors/standards-regulations/
· Access Legal training courses on the SRA Codes of Conduct for support staff |
Annual Enrolment Due January
|
| Unconscious bias – what it is and how to create a fair and diverse workplace |
|
Annual Enrolment Due January
|
| Whistleblowing – understanding what it is and the legal protections in place | · Whistleblowing Policy |
Managers – Mandatory Additional Training
| Focus | Resources | Notes |
| Compliance | · Access & MBL Training for COLP
· Access & MBL Training for COFA · Access & MBL Training for MLRO |
Annual Enrolment Due January
|
| Equality and diversity – more in-depth knowledge | · Access Legal training course on equality and diversity for partners and managers | Annual Enrolment Due January
|
| Mental health and wellbeing – how to recognise and manage symptoms of poor mental health and how to seek and provide support | · Access Legal training course on mental health for legal managers | Annual Enrolment Due August
|
Mandatory Training Requirements for all fee earners and relevant support staff working in the Conveyancing Department:
| Knowledge required | Resources | Notes |
| CQS Core Practice Management Standards (CPMS) and what is required to comply | · https://www.lawsociety.org.uk/en/topics/firm-accreditations/conveyancing-quality-scheme/changes-to-cqs | Staff need to be aware of the CPMS and the ways in which the practice complies to ensure that standards are maintained. |
| The Law Society Conveyancing Protocol | · https://www.lawsociety.org.uk/en/topics/property/conveyancing-protocol | The Protocol provides a framework for handling sales and purchases. Those working in the Conveyancing department must be aware of the Protocol and understand and follow it |
| Property and mortgage
fraud and how to avoid it |
· Mortgage Fraud and Property Fraud Prevention Policy
· Law Society Practice Note on Mortgage fraud: https://www.lawsociety.org.uk/Topics/Property/Practice-notes/Mortgage-fraud · Law Society Practice note on Property and Registration fraud: https://www.lawsociety.org.uk/Topics/Property/Practice-notes/Property-and-registration-fraud |
|
| Financial Crime issues relevant to residential conveyancing
(CORE TRAINING) |
· The Law Society and Access are the 2 authorised CQS training providers: https://www.lawsociety.org.uk/topics/firm-accreditations/conveyancing-quality-scheme/training | CQS Core Training which must be completed by all relevant staff within 6 months of the firm being accredited and by all new relevant staff members within 6 months of joining the firm. Once core training is completed, it is not required again and the learner would undertake Update Courses. |
| CQS Protocol in Practice (CORE TRAINING) | · The Law Society and Access are the two authorised CQS training providers: https://www.lawsociety.org.uk/topics/firm-accreditations/conveyancing-quality-scheme/training | CQS Core Training which must be completed by all relevant staff within 6 months of the firm being accredited and by all new relevant staff members within 6 months of joining the firm. Once core training is completed, it is not required again and the learner would undertake Update Courses. |
| CQS Conveyancing Practice
(Update Course) |
· The Law Society and Access are the two authorised CQS training providers: https://www.lawsociety.org.uk/topics/firm-accreditations/conveyancing-quality-scheme/training | This is an update course; all relevant staff members who have previously undertaken core training must undertake the most recent version within 6 months of the firm being re-accredited. |
| CQS Risk, Compliance and Client Care
(Update Course) |
· The Law Society and Access are the two authorised CQS training providers: https://www.lawsociety.org.uk/topics/firm-accreditations/conveyancing-quality-scheme/training | This is an update course; all relevant staff members who have previously undertaken core training must undertake the most recent version within 6 months of the firm being re-accredited.
|
Mandatory Training Requirements for all fee earners working in the Wills and Probate/ Private Client Department
| Knowledge required | Resources | Notes |
| Wills and Inheritance Protocol and what is required to comply | · Law Society Wills and Inheritance Protocol. | |
| Will drafting | · See Law Society website for current update course. | Mandatory for those advising clients on wills. |
| Estate administration | · See Law Society website for current update course. | Mandatory for those advising clients on estate administration. |
| Enhanced knowledge of practice area | · Law Society Practice Notes:
· Disputed wills: guidance for practitioners – Law Society – Sept23 · Lasting Powers of Attorney – Law Society Sept23 · Access and Disclosure of an Incapacitated Person’s Will – Law Society Oct23
|
Mandatory Training Requirements for all finance staff:
| Knowledge required | Resources | Notes |
| Financial management – how finances should be managed and procedures that must be followed | · Financial Management Policy |
CQS – Optional Additional Training
| Focus | Resource | Notes |
| Enhanced knowledge of practice area | · Training courses/webinars on areas such as declarations of trust, Help to Buy Schemes, SDLT, lease extensions, shared ownership leases, Right to Buy and green mortgages. |
Review of this policy
This policy will be reviewed at least annually by Nicola Robinson
December 2025