Proposed mandatory CPD scheme details

The Law Society is seeking comments from members of the legal profession on the proposed mandatory Continuing Professional Development (CPD) scheme, which has been approved by the Law Society’s Board.

The proposals include:

• All lawyers, both full and part-time, would be required to:
• • prepare and update an annual CPD plan; and
  • complete, record, document and justify a minimum of 10 hours eligible CPD activities each year.
    
    
• To be eligible in terms of the proposed CPD scheme, activities would need to be verifiable and must include potential interaction. Eligible activities could include:
• • participating in or presenting at a wide range of conferences, seminars and training programmes which could be delivered “live”, online or via a video or teleconference. All such programmes must be planned in advance and must have clearly stated learning objectives;
  • lecturing/teaching and preparing for law courses at tertiary level;
  • writing law related books and articles for tertiary or post-tertiary audiences; and
  • preparing formal submissions
    
    
• Non-verifiable self-study would not qualify as an eligible activity but all lawyers would be encouraged to complete and plan for a minimum of 50 hours of such education each year.
  
  
• Other non-eligible activities would include: marketing activities; file specific research and other activities which would normally be part of a lawyer’s standard day at work; marking; attending meetings; sitting on committees; giving career talks; law-related education not of a tertiary standard; assisting at community law centres and undertaking other pro bono activities.
  
  
• There would be no exemptions but in exceptional circumstances such as unexpected illness, lawyers may be permitted to complete any outstanding CPD requirements in the following practice year.
  
  
• Lawyers can prorate their CPD requirements if they do not hold a practising certificate for part of the relevant year or if they have a practising certificate but do not work in the law for part (or all) of the year.
  
  
• There would be no specified activities or topics. Lawyers would be responsible for determining their own learning requirements.
  
  
• There should be no restrictions on potential providers nor should they need to be licensed or approved. Providers could include, for instance, Law Society branches and sections, the New Zealand Bar Association, law firms and other employers, informal groups of lawyers, NZLS CLE Ltd and other interested organisations both commercial and non-commercial. But to be eligible, every course would need to be of a sufficient standard in order to be justifiable.
  
  
• Lawyers would need to submit an annual declaration stating that they had met all CPD requirements.
  
  
• CPD plans, records and documentation would be required to be available for inspection by the Society.

The discussion paper is available on lawsociety.org.nz.