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What Legal Professionals Can Expect from a CPD Audit in NSW

Written by Legal Wise | Jul 1, 2024 7:29:43 AM

The Law Society of New South Wales (NSW) regularly carries out audits on solicitors within their legal community. Therefore, as a practicing solicitor in the territory, it is crucial you meet the requirements for CPD points in NSW.

If you are selected for an audit, you will have to provide the relevant CPD records and supporting evidence within 21 days, lest you face disciplinary action. 

Let's take a look at what an NSW audit entails and why it is done.

Why are Legal Professionals Audited for CPD Compliance?

Legal professionals need to be audited for CPD compliance to ensure professional standards are maintained. This ensures legal professionals remain updated with the latest developments in the field and things like ethical standards and other best practices. 

Maintaining high professional standards upholds the industry as a whole and ensures public confidence in the profession is preserved. It is crucial that legal professionals demonstrate up-to-date knowledge and skill to maintain public confidence and mitigate risks associated with legal practice. 

Issues of malpractice or breaches of professional conduct by solicitors can happen very easily, so ensuring one is kept informed about new laws, regulations, and best practices can help mitigate these risks. 

Moreover, an audit of legal professionals is necessary to ensure they are compliant with CPD requirements, which is essential for ongoing licensure and the overall integrity of the legal system.

What Does Such an Audit Entail?

In the event the Law Society of NSW contacts you for a CPD audit, you should anticipate receiving notification that you have been chosen for one, along with instructions on how to submit your CPD records. 

The evidence of your CPD activities for the period under review will then need to be submitted, which would include things like certificates of attendance, registration confirmations, and any other relevant documentation that can verify your participation in a CPD programme. 

The Law Society will then review these documents to verify their compliance, check if their activities meet the criteria set out in the CPD rules, and compare the hours spent and the relevance of the topics to the number of CPD points claimed. 

If needed, the Law Society will provide feedback on discrepancies and deficiencies and require remedies be made to rectify the situation. If severe or deliberate non-compliance is discovered, disciplinary action might be initiated.

Ensuring Compliance

If you don't want to fall foul of the Law Society of NSW, there are several steps you can take to ensure you're compliant. 

The first is to ensure thorough record keeping so all your CPD activities are properly documented and evidence of your attendance is recorded. 

You also need to understand the lawyer CPD requirements set by the Law Society of NSW, ensuring the number of hours required on specific topics is met, so there is no question about the validity of the CPD activities and the points accrued. 

Regularly review your CPD records to ensure they are on track and identify gaps early to avoid being caught off guard at the last minute. 

Completing your CPD requirements in a timely fashion will help you avoid any issues and last-minute rushes where errors can be made.

Here at Legalwise Seminars, we offer a wide range of CPD seminars—conveniently tracked and recorded so you don't have to stress should you be audited. If you are looking to achieve and record your CPD points in NSW, contact us today to sign up.