The ‘new’ subjects being promoted are:
- SRA Accounts Rules post-Covid
- AML/CTF – new rules and guidance
- Tackling cybercrime and fraud
- Rules and regulations post-Covid
As far as we are aware the above rules remain the same, it will just be a matter of firms having to review their policies, controls and procedures in these areas to make sure they are suitable for a return to the office, whether this is 100% or on a more flexible/hybrid basis; once they have done this, they will of course need to provide appropriate training to all of their staff.
The SRA competency requirements remain the same in terms of solicitors having to undertake appropriate training for their roles, record this, and reflect on what they have learnt to ensure they are able to provide a fully competent legal service to their clients.
Continuing competency is very much at the top of regulators’ agendas, and it is envisaged that over the coming years we will see solicitors having to undertake various forms of re-accreditation and peer reviews, it is therefore key that solicitors and their firms recognise the importance of training and what they and their clients can get from this, for example, less complaints and negligence claims, and more business from clients who are confident in the competency of those they are instructing.
One immediate area that firms need to turn their minds to, is their return to some semblance of normality after the lifting of all lockdown restrictions, and firms will need to assess different risk areas depending on what this ‘normality’ will look like going forward, for example:
- Practice-wide risk assessment (PWRA) – whatever their new ‘norm’ is firms will need to review their PWRA to ensure it reflects their new ways of operating; the SRA will expect to see such reviews and updates should it call for PWRAs as part of its ongoing thematic review in this area.
- Data protection impact assessment (DPIA) – where there is a high risk to personal data firms should be carrying out such an assessment; it could be said that there is a high risk to personal data with firms having to make significant changes to their ‘normal’ operations.
- Cybercrime – this area is and remains a significant risk for firms and their clients, so it is critical that firms take appropriate steps to mitigate it; reminding staff of the risk and the potential consequences of ‘getting it wrong’ is really important, especially if they are going to remain working from home as part or all of their working time.
- Health & safety – mental health has been identified as a major health and safety risk for people working from home, so firms need to ensure that going forward they address this issue as a matter of priority by, for example, requiring staff to attend the office 1-2 days a week or speaking to their supervisors about how they are coping. Firms need to remember that their health and safety obligations extend to a person’s home as well as the office if part or all of their working routine is based at home.
Firms tend to have their eye on ensuring they meet the requirements of their regulator, but there are others they also need to consider, for example, PII insurers will expect to see firms taking appropriate action to mitigate the risks they face, and clients will expect firms to ‘change with the times’ by using appropriately protected technology to provide their services.
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