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ONLINE GUIDE
OCTOBER 2013
YOUR CPD BUDGET GOES FURTHER WITH
SWEET & MAXWELL PROFESSIONAL DEVELOPMENT Get 12 months of unlimited online CPD for £299.00 plus VAT. Secure your outstanding CPD before the October deadline. Sign-up today at legalpd.com
Editorial & Advertising Sharon Bruty MIRP sbruty@cilex.org.uk 01234 845721 Amanda Brewitt MIRP abrewitt@cilex.org.uk 01234 845737 Jonathan Young jyoung@cilex.org.uk 01234 845722 www.cilexjournal.org.uk www.cilexrecruitment.org.uk
Contents Thomson Reuters
IFC
Introduction 4 John Burns, head of membership
CLS 5 Management Forum
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ILFM 5 CPD requirements
6
Tim Parratt, practitioner authorisation and supervision assistant
Kempston Manor, Kempston, Bedford MK42 7AB DX No: 124780 Kempston 2
Summary of approved changes
8
APIL 9 CPD Cast
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Training Division Ltd
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D P C Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect 4
Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect
Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect E D I GU E N I L Reflect ONReflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect
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his guide will hopefully provide you with all the
details you need to understand the mechanics of the new CPD regime, along with course providers offering specialist courses to assist you to obtain
your CPD hours.
The changes to the CPD Scheme are incremental and won’t happen all in one year so much of the fear of the changes
will be seen to be unfounded. For the 2014 CPD year the ‘hours’ element has NOT gone away. As the year progresses
there will be regular updates on CPD and the language that is used. One of the buzz words is ‘reflect’, which you already do quite a lot of but do not recognise what you are
doing. So to assist us all with getting to grips with this, Mark Morris our Careers Guidance Practitioner will be writing a piece on this within the November Journal on reflective learning. By defusing some of the mystery surrounding the
CPD language and providing examples, you will then all be
well on the way to looking forward, with confidence, to completing your future CPD planned activities and not be worrying what is expected of you.
John Burns, head of membership
Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect Reflect
30 YEARS AS THE AUTHORITY IN CONFERENCE EXPERIENCES FOR LEGAL PROFESSIONALS
New Ethics CPD module now available
www.management-forum.co.uk
Management Forum’s legal seminars carry UK Bar Standards Association and UK Solicitors Regulation Authority CPD accreditation where appropriate.
Fulfil the compulsory professionalism requirement for the 2013-14 CPD year. Order now using the CPD form on our website or call us on 01234 844300. Our usual range of subject-based updates will be published in summer 2014 to meet your remaining CPD requirements. www.cilexlawschool.ac.uk
Our regular legal events include: •
INTERNATIONAL SPORTS LAW CONFERENCE
•
ANNUAL CONTRACT LAW CONFERENCE
•
INTRODUCTION TO CONTRACTS
•
PREPARING EFFECTIVE INTERNATIONAL CONTRACTS
•
DRAFTING INTERNATIONAL IP AGREEMENTS
•
DRAFTING & NEGOTIATING CLINICAL TRIAL AGREEMENTS
•
DRAFTING R&D, COLLABORATION, & JOINT VENTURE AGREEMENTS
•
WORKING WITH CONFIDENTIALITY AGREEMENTS
•
AVOIDING PITFALLS IN PATENT/ KNOW-HOW LICENCES AND R&D COLLABORATIONS
•
FREEDOM TO OPERATE
•
IP DUE DILIGENCE
For more information contact Sarah Packham at: sarah.packham@management-forum.co.uk Tel: +44 (0) 1483 730071 www.management-forum.co.uk
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Continuing Professional Development (CPD) Requirements for 2014
The 2014 CPD year will run from 1 October 2013 to 30 September 2014. The hours based element of the old scheme will be retained in the 2014 CPD year across all grades and will be as follows:
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CPD Requirements for 2014
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Following on from an article in the September edition of the CILEx Journal, which set out the changes made to the CPD scheme by ILEX Professional Standards (IPS), this article will explore the requirements of the upcoming CPD year.
1. Fellows, Associate Prosecutors and Legal Accounts Executives will need to undertake a minimum of 16 CPD hours;
Preparing for the outcomes focused approach CPD is changing from a scheme that counts hours, to one where you think about what you would like/need to learn over the CPD year in order to maintain and develop as a legal professional. The full scheme is due to come in for Fellows, Legal Accounts Executives and Associate Prosecutors from 1 October 2014 and for Graduates and Legal Accounts Members the following year (it has not yet been decided whether Associates will also commence the full scheme). The Professionalism Module of the new CPD scheme has been introduced first in order to help members become accustomed to the new outcomes led approach to CPD. The same principles
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A compulsory Professionalism Module has also been introduced to the requirements for the 2014 CPD year. Members in all the aforementioned grades of membership will be required to undertake the Professionalism element alongside their hours based requirements.
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3. Associates a minimum of 8 CPD hours.
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2. Graduates and Legal Accounts Members a minimum of 12 CPD hours; and
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apply to the new CPD scheme, so once you have achieved this for Professionalism, you will be ready to adopt it when your grade of membership is brought into the full scheme. Professionalism will be retained in the full scheme as one of the 9 required outcomes. Professionalism: The Requirements The Professionalism Module requires you to reflect, plan, act and evaluate your CPD. It isn’t being measured by the number of hours or minutes spent undertaking the activity itself but rather by achieving a learning outcome. For the purposes of fulfilling the CPD requirement in Professionalism, learning something new, or refreshing or developing your knowledge or skills, in one of the following areas, will count as your CPD: • Refreshing your knowledge and understanding of professional ethics, including the Code of Conduct
• Improving knowledge of the primary business in which your clients work (business awareness) • Developing an understanding of the issues which may affect your clients (social awareness)
Act You should complete the planned activity and make a record of this. Evaluate
• Developing your client communication skills
• Improving your time management skills
Once you have completed the activity, you should evaluate it. This means thinking about whether and how far the activity you undertook met your learning outcome. That is, did you refresh your knowledge of the area identified? Have you improved your client communication skills? etc. You may think that you could learn more as a result of completing the activity and this could be added to next year’s plan.
Professionalism: The Process
Practical Example
ILEX Professional Standards (IPS) has developed a document that will guide you through each element that you will need to undertake to fulfil the requirements of Professionalism, whilst this is not compulsory you may find it helpful. I shall take you through the 4 elements of the document; reflect, plan, act and evaluate.
Here is a practical example of how you may satisfy the requirements of the Professionalism module now that you have read and digested the process.
• Improving your skills in dealing with challenging clients • Refreshing your knowledge and understanding of equality and diversity issues
-R eflect: Equality and Diversity training. Learning outcome – to refresh my knowledge of the law in this area, ensuring that I am fully aware of how the relevant law impacts upon my role.
-P lan: Attending a training course or seminar that provides an overview of the law in this area, by 31 August
-A ct: A note of the course is kept in my records.
-E valuate: The course provided a helpful overview of the Equality Act 2010 and dealt with protected characteristics, types of discrimination, prejudices and stereotypes. I was able to revisit the law in this area and also reflect upon how this applies to situations that I may face internally within my office in addition to the service that I am providing to clients. I have been mindful of the disability provisions under the Equality Act in arranging to meet with a client with a physical disability.
Reflect - Which area of professionalism could I work on this year? What is my learning outcome? In order to meet the new requirements, you will need to take some time to reflect on which of the listed elements you would like to work on this year. You may have equality and diversity training scheduled at work or you may think that improving time management skills would have a positive effect on your work etc. Your learning outcome is a realistic goal that you will look to achieve from completing the CPD activity, reflecting will help you to identify a particular learning need. Plan - What CPD activity will best meet my learning outcome? Once you have identified the area that you are going to work on (you need only choose one), you should then plan a CPD activity which you think will meet your identified learning need. This could be an external course, webinar, independent study, in-house training etc. You should set out in your plan, the activity you intend to undertake and the date by which you will complete the activity (this should be no later than 30 September 2014). You should also identify the learning outcome.
im Parratt, practitioner authorisation and T supervision assistant
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Summary of the changes approved by the Legal Services Board (LSB) to the ILEX Professional Standards (IPS) Continuing Professional Development (CPD) Regulations
The proposed changes to CPD regulations were approved by the LSB on 25 July 2013, paving the way for the change from an hours’ based system of CPD to an outcomes based approach. The new scheme is compulsory for all members of CILEx in the Graduate, Associate Prosecutor, Legal Accounts Executive, Legal Accounts Member and Fellowship grades. The characteristics of members in the Associate grade of membership will be subject to further research during 20132015, before a decision is made as to whether they should also move onto the new outcomes based scheme. The changes will be phased in. Members in all relevant grades will retain their hours requirement for the 2014 CPD year
(1 October 2013 to 30 September 2014) but will also be required to undertake a Professionalism module which will involve learning or refreshing knowledge in 1 of a number of areas e.g. ethics, social awareness, communications. Professionalism The Professionalism module will be outcomes focused enabling you to become accustomed to the new outcomes based approach to CPD. Using the CPD cycle, you will be expected to reflect, plan, act and evaluate your professionalism CPD – a document will be provided to guide you through this process. More information will be provided
Continued on page 10 8
Specialist services and activities for PI lawyers The Association of Personal Injury Lawyers (APIL) is a national, not-for-profit organisation, whose members work together to ensure injured people receive full and fair redress for those with often life-changing injuries. We provide information, guidance and support to our members and people injured as a result of someone else’s negligence. APIL has a membership of around 4,300, comprising mainly of solicitors, legal executives and barristers. Our services include:
Accreditation scheme
- established in 1999, recognising expertise and competence, and providing a quality kitemark
Guidance for injured people
- fact sheets, public information campaign leaflets, consumer campaigns, ‘Find an accredited’ lawyer
National and regional campaigns
- keeping the APIL name at the forefront of personal injury issues, strong lobbying campaigns, working with the media and stakeholders/opinion formers Information exchange - interactive website, discussion forums and online library of information - comprehensive searchable databases, including expert and rehabilitation services providers - APIL assistance - directories and membership publications, including PI Focus (published ten times a year) - weekly news email containing the very latest from APIL - case reports, transcripts and practice briefing notes
Networking
- group meetings for those new to personal injury, barristers, regional groups and special interest groups 32 in total - opportunities to share practice issues, exchange ideas, and network socially
Subsidised training
- offering personal injury updates, specialist interactive training, residential conference, in-house training and webinars - delivered at varying levels appropriate to SRA standards and the APIL accreditation scheme - leading trainers and expert practitioners, sharing their knowledge, expertise and practical tips - leading the way in best practice for personal injury lawyers Fighting for justice for injured people and campaigning to put shattered lives back on track APIL, 3 Alder Court, Rennie Hogg Road, Nottingham, NG2 1RX Tel: 0115 958 0585
Fax: 0115 958 0885
DX: 716208 Nottingham 42
Email: mail@apil.org.uk
Website: www.apil.org.uk
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Continued from page 8
regarding the professionalism element of the new scheme in the upcoming CILEx Journals and on the CILEx website. Fellows, Associate Prosecutors and Legal Accounts Executives
From 1 October 2014 (the beginning of the 2015 CPD year) the hours based system will be dropped for Fellows, Associate Prosecutors and Legal Accounts Executives and completely replaced by the new scheme. Instead of hours, you will be required to complete 9 outcomes which can either come from planned or unplanned CPD (with at least 4 outcomes needing to be planned and 1 outcome coming from the Professionalism module). The outcomes will be identified by reflection on current and future practice based on areas in which development of knowledge and skills are required. You will have become familiar with the CPD cycle through participation in the Professionalism module during the 2013/2014 CPD year. CILEx and IPS will be providing more guidance on this new approach throughout 2013 and 2014. Graduate and Legal Accounts Members From 1 October 2015 Graduate and Legal Accounts Members will also drop their hours’ requirements to be replaced by the new scheme. You will also need to complete 9 outcomes. Planning CPD At least 5 of your 9 outcomes will need to be from planned CPD. Therefore, you will need to reflect and plan CPD at the beginning of the CPD year. Unplanned CPD You are also able to include up to 4 unplanned outcomes. The unplanned outcomes will arise from on the spot learning that you may need to undertake perhaps to answer a particular query or to address something that has gone wrong. Like with the planned CPD, you will need to explain what the activity was, including the particular circumstances, as well as evaluating how effective your remedy was. Types of CPD Once you have identified specific areas you can tailor your CPD to meet your needs. The activity that you choose to undertake in order to meet your identified need(s) is up 10
to you, some may find learning easier in conferences and seminars while others may be more comfortable with podcasts and webinars, private study, Journal reading or CILEx Law School updates. Provided that you undertake a range of activities all of these activities can be counted as CPD. You may be able to identify several outcomes in a single activity, in which case you should note each as a separate outcome and evaluate them separately. The CPD that you choose to undertake will need to be related to your area of practice. Evaluation of CPD You will then need to undertake the CPD activity and evaluate whether it was effective in meeting your training needs. Documentation Documentation will be provided in order to help you evaluate your CPD activities if you do not already reflect, plan and evaluate your development needs. If you have an annual appraisal at work though, you may have already agreed some areas for development with your employer. These should be included on your planning document. Alternatively, your appraisal form may suffice as your planning document. There will be a document for you to complete when evaluating each of your activities. You should complete this document (or make an equivalent record of evaluation of the CPD activity and how far it met your outcome) for each planned activity that you participate in. It asks you to consider a series of questions and then provide a paragraph which evaluates the usefulness to you of the CPD undertaken. It is important that you undertake and keep hold of these documents. If you are selected for sampling you will be asked to provide additional records, i.e. the Reflection and Planning Document, all Planned Activity Documents, all Unplanned Activity Documents and the accompanying Evaluation Documents (or equivalent records). Extended absences from work If you are unable to undertake CPD because you are away from work for more than 6 months of the CPD year, you will be able, as an alternative to CPD, to undertake a ‘Returners to Work’ scheme within 2 months of the date of your return, or provide other evidence of having kept up to date with changes to the law and legal practice. This could include participating in ‘Keep in Touch’ days if offered by your employer.
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