PEAT 2 and CPDAll change in 2011…..

Liz Campbell Collette Paterson Director (Education and Training) Deputy Director (Education and

Training)

TODAY:

Professional Education And Training Stage 2 (PEAT 2):

Key principles of PEAT (and PEAT 2) PEAT 2 in practice Preparing the profession for PEAT 2

TCPD and CPD:

TCPD – supporting PEAT 2 PCC/TCPD transition and support TCPD licences Qualifying activities for TCPD and CPD

KEY PRINCIPLES OF PEAT (AND PEAT 2)The PEAT Outcomes are at the root of PEAT 2:

‘ensuring competence, promoting excellence’ – the PEAT 2 Outcomes aim to assure a minimum standard relating to the qualifying solicitor’s professional approach to the delivery of legal services, in a diverse legal profession.

PEAT Outcomes cannot and are not intended to be assessed individually. Through both informal and formal reviews, development needs can be identified both proactively and reactively.

PEAT 2 Outcomes should be considered in the context of the traineeship taking place. Outcomes are not weighted but the context of the traineeship and relevant knowledge is critical.

KEY PRINCIPLES OF PEAT (AND PEAT 2)The entry and exit standards complement the PEAT 2 Outcomes:

Trainers can rely on the standard of the ‘day 1 trainee’, in other words the standard of the Diploma graduate, when devising and running PEAT 2 training programmes.

Trainers know that successful completion of the PEAT 2 Outcomes means the standard of the ‘qualifying solicitor’ has been achieved.

PEAT 2 Outcomes reflect the qualifying stage and no earlier stage of achievement. Using the PEAT 2 Outcomes, development needs can be identified both proactively and reactively, increasingly as the traineeship reaches the final stages.

PEAT 2 IN PRACTICE PEAT 2 Outcomes

Entry and exit standards complement the Outcomes

ARE SUPPORTED BY:

the PEAT 2 Record.

PEAT Quarterly Performance Reviews (PQPRs).

Trainee Continuing Professional Development (TCPD)

various licences – Licence A (PQPR) and Licence B (TCPD Internal) for training organisations, as well as Licence C (TCPD External) for other providers of TCPD.

a suite of guidance - for trainers, for providers, for those in training.

PEAT 2 IN PRACTICE: PEAT 2 RECORD

PEAT 2 record:

is an online tool, through which each trainee will complete a progress diary, plan for and record PQPRs, and log TCPD

the diary replaces existing logbooks, as the focus is no longer on practice areas but rather ‘professionalism’.

supports the focus on ‘professionalism’ and the PEAT 2 Outcomes - trainees are encouraged to record achievements in the context of the PEAT 2 Outcomes, and their increasing legal knowledge and practical application of law.

encourages trainers to informally appraise trainees as trainers will have access to the PEAT 2 record

MEMBER LOGIN

PEAT 2 RECORD

PQPRS

TCPD

PEAT 2 RECORD

(easy recording)

1. PROFESSIONALISM

2. PROFESSIONAL

COMMUNICATION

3. PROFESSIONAL ETHICS AND

STANDARDS

4. BUSINESS, PRACTICE,

FINANCIAL AND

COMMERCIAL AWARENESS

5. LEGAL KNOWLEDGE

PEAT 2 IN PRACTICE: PQPRs– remove the former numerical grading system (1-9), and also references to ‘competent’,

‘not competent’ and ‘no opportunity to demonstrate’.

– are based on the PEAT 2 Outcomes, encouraging proactive and reactive approach to development.

– focus on identifying and measuring trainees’ development needs, and an action plan to meet those needs (through in-office work, or through TCPD)

– in association with guidance the Society will issue, support trainers or trainees who have concerns about the standard of the ‘qualifying solicitor’ being met by the trainee – EARLY.

– are intended to be simple and consistently applied (in organisations, and across the profession)

PEAT 2 REVIEW FORM: QUARTER YEAR

At this stage of PEAT 2, the trainee is performing: above the standard required to the standard required below the standard required* EVIDENCE OF ACHIEVEMENT, INCLUDING WHERE

PREVIOUS DEVELOPMENT NEEDS HAVE BEEN MET

CURRENT DEVELOPMENT NEEDS, AND HOW THESE WILL BE MET

PROFESSIONALISM

Professionalism

PROFESSIONAL COMMUNICATION Professional relationships and team working Communications with clients Legal research Interviewing Negotiation Writing and drafting Use of technology Advocacy Speaking and Presentation PROFESSIONAL ETHICS AND STANDARDS

Regulatory framework and professional standards Duties to the court Duties to the profession The client-solicitor relationship Conflict of interest Confidentiality BUSINESS, COMMERCIAL, FINANCIAL AND PRACTICE AWARENESS

Business, commercial and financial awareness Practice awareness and work management *if this is selected, it is paramount that the trainee and supervising solicitor mutually agree areas for development, work together on those during the next quarter, and assess improvements at the next PEAT 2 Review. Further guidance on achieving the standard of the ‘qualifying solicitor’ at the end of PEAT 2 can be found in ‘A Guide to PEAT 2’. A service offering one-to-one support to trainers and trainees is also offered by the Society’s Manager (Registrar’s Department) Katie Meanley –katiemeanley@lawscot.org.uk or 0131 476 8162

PEAT 2 IN PRACTICE: LICENCES

Forms of licence are:

– Licence A - PEAT Quarterly Performance Reviews (PQPRS)

– Licence B – Licensed Trainee CPD (TCPD) Provider (Internal)

– Licence C - Licensed Trainee CPD (TCPD) Provider (External)

PREPARING THE PROFESSION FOR PEAT 2– The Society is piloting various elements of PEAT 2:

Allan MacDougall Pagan Osborn Turcan Connell Brodies GLSS

Standard Life McGrigors R&R Urquhart

COPFS RollosDundas & Wilson Sheridans

– DRAFT suite of guidance will be issued to the wider profession for comment.

– E&T roadshows on the detail will take place in late Jan/early Feb 2011.

– The E&T department will be dedicated to support during the roll-out of PEAT 2

TCPD – SUPPORTING PEAT 2

SUPPORTING ACHIEVEMENT OF THE PEAT 2 OUTCOMES

it is widely recognised that regular formal education and training is necessary to supplement and enhance ‘on the job’ learning

TCPD is structured learning undertaken over and above the normal commitments of trainee solicitors to assist the achievement of the PEAT 2 Outcomes and ‘The Standard of the Qualifying Solicitor’

No two trainees will have the same TCPD ‘journey’ TCPD leads into CPD and lifelong learning

TCPD – SUPPORTING PEAT 2

WHAT DOES TCPD COMPRISE?

A minimum of 60 hours over the two years of training A minimum of 40 hours (of the 60) from a licensed provider A mandatory Ethics component (at least 4 hours) taken between

months 9 and 15 A minimum of 30 hours of TCPD normally undertaken by month

15 of training

TCPD – SUPPORTING PEAT 2

PLANNING AND CAPTURE OF TCPD

Key responsibility of a PEAT 2 Training Organisation to assist trainees in identifying TCPD which supports achievement of PEAT 2 Outcomes and to provide opportunities to undertake TCPD

Trainees will use their PEAT 2 Record to record TCPD undertaken Pre-planning of TCPD will be permitted, but there must be flexibility

to allow responsiveness to individual trainees’ development needs as identified in reviews

PCC/TCPD – TRANSITION AND SUPPORT

TRANSITIONAL MEASURES

Transition necessary due to varied start dates for traineeships and for undertaking PCC

Between September 2011 and August 2013, PCC may be ‘deemed’ to be TCPD

But LSS has an interest in providers making a swift transition to offering different models of TCPD

Existing PCC providers “grandfathered” into licensed TCPD provision during the transitional phase

PCC/TCPD – TRANSITION AND SUPPORT

SUPPORTING TRANSITION

Some providers already exploring how transition from PCC to TCPD may be effected

LSS developing a set of principles to be applied to allow providers to reposition PCC offerings

Communications issued to existing PCC providers offering a meeting to discuss transition

TCPD LICENCES

TYPES OF LICENCE

LICENCE B – TCPD PROVIDER (INTERNAL) (offered by PEAT 2 training organisations to own trainees only)

LICENCE C – TCPD PROVIDER (EXTERNAL) (offered by organisations to all trainees)

Open to organisations to apply for these licences with or without the Mandatory Ethics component

Ethics component will be the only formally accredited TCPD course Fee of £250 to be licensed for one year

TCPD LICENCES

THE FOUR STANDARDS OF TCPD

All licensed TCPD must meet four essential criteria:

Support achievement of the PEAT 2 Outcomes Specify learning outcomes or objectives for the course Be pitched at a level appropriate to trainees Be able to be evidenced by trainer, trainee and employer

TCPD LICENCES

NEXT STEPS FOR PROVIDERS

E&T Committee signed off on policy documents 14 December Documents will be issued in draft to providers and profession in

next few days, but will be subject to Equality Impact Assessment by the Society

Comment welcome

QUALIFYING ACTIVITIES FOR TCPD

BRIEFINGS SEMINARS

LECTURES CONFERENCES

COURSES ROLE PLAY CASE STUDIES

SIMULATED TRANSACTIONS

WORKSHOPS ONLINE/DISTANCE

LEARNING

CPD

Any training or learning activity designed to improve an individual’s professional knowledge, understanding and skills

Supports the identification of individual development needs and improves professional practice

Helps to ensure competence over the course of a career

CPD CHANGES

Come into effect on 1 November 2011 Minimum of 20 hours relevant CPD per year Carrying forward and carrying back no longer permitted Requirement to plan, record and justify CPD activity Minimum of 15 hours must be verifiable

CPD CHANGES

Minimum of 15 hours must be verifiable: Have educational aims and objectives relevant to

individual’s development Have clearly anticipated outcomes (eg what do you expect

to learn from attending course) Have quality controls (eg the opportunity to give feedback

or ask questions) Be verifiable – able to be evidenced

QUALIFYING ACTIVITIES FOR CPDATTENDING EXTERNAL COURSES, LECTURES, SEMINARS,

CONFERENCESINTERNAL BRIEFINGS, SEMINARS, LECTURES, COURSES, UPDATESWRITING OR GIVING A PRESENTATIONLECTURING OR TUTORING AT AN ACADEMIC INSTITUTIONDELIVERING TRAININGONE-TO-ONE COACHING SESSIONS AND/OR MENTORINGE-LEARNINGDISTANCE LEARNINGSTUDYING FOR AN ACADEMIC, LEGAL OR PROFESSIONAL

QUALIFICATION

CONCLUSION

Documents issued before Christmas

Comments welcome

Meetings with training organisations and PCC/CPD providers offered

On the cusp of an exciting development!

QUESTIONS