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Audience
This guidance is for practising barristers, who must complete continuing professional development (CPD) per the CPD Rules in Part 4 – C of the BSB Handbook.
Purpose
This guidance is designed to help you understand your CPD obligations, how to meet them, and how to demonstrate good practice when you complete CPD. You may also use our CPD Templates.
Status
You should have regard to this guidance (rQ130.3 and rQ132 of the BSB Handbook). It replaces previous forms of guidance on the Established Practitioners Programme (EPP) and New Practitioner Programme (NPP).
When we use ‘you must’, we mean something is a mandatory requirement in the BSB Handbook. When we use ‘you may’ and ‘we encourage’, we mean something is good practice but not mandatory. There may be situations where the suggested form of good practice is not the best option. However, if you take an alternative approach, we might ask you to explain why this was appropriate.
We will monitor this guidance and may update it from time to time. Please use our Contact Form If you have any questions or comments.
CPD is work undertaken over and above the normal commitments of your role to:
- Develop your knowledge, skills, and professional standards in areas relevant to your present or proposed area(s) of practice.
- Keep you up to date.
- Maintain the highest standards of professional practice. (rQ130.2 of the BSB Handbook).
You must complete the NPP during the first three calendar years in which you hold a practising certificate after any pupillage year (rQ130.6 and rQ132 of the BSB Handbook).
The NPP starts on 1 January in the calendar year after you first started practising as a barrister (rQ130.1 of the BSB Handbook). This applies whether you are a member of chambers, an employed barrister, a ‘squatter’, or on a probationary period.
So, if you started practising on 2 January 2024, the NPP would begin on 1 January 2025, and you must complete it by 31 December 2027.
The requirements of the NPP are at least 45 hours of CPD during the three-year period. This must include at least nine hours on advocacy and at least three hours on ethics (rQ132 and rQ137 of the BSB Handbook).
The Inns of Court (Inns) and the Circuits provide advocacy and ethics courses for barristers on the NPP. You do not have to attend the training at your own Inn or Circuit.
We will ask you to declare if you are up to date with the requirements of the NPP as part of the annual Authorisation to Practise process. You must also produce a written record of your CPD plan and the CPD you have completed if we ask you to, for example, as part of a spot check of compliance with the requirements of the NPP (rQ135 of the BSB Handbook).
Extensions and waivers
Visit our CPD Extensions and Waivers page if you think you may be eligible for an NPP extension, waiver, or exemption. The page includes information about the General NPP Extension, which ends on 31 December 2024.
The EPP requires you to undertake CPD in each calendar year in which you hold a practising certificate once you have completed the NPP (rQ130.4 and rQ133 of the BSB Handbook).
To complete the requirements of the EPP, you must:
- Prepare a written CPD Plan setting out your learning objectives and the types of CPD activities you propose to undertake during the calendar year (rQ134.1 of the BSB Handbook).
- Keep a written record of the CPD activities you have undertaken in the calendar year (rQ134.2).
- Keep a written record in the CPD Plan for each calendar year of your reflection on the CPD you have undertaken, any variation in the CPD activities you planned to undertake, and your assessment of your future learning objectives (rQ134.3).
- Retain a record of your CPD Plan and completed CPD activities for three years (rQ134.4).
- Submit an annual declaration of completion of CPD (rQ134.5).
You must meet these requirements if you practise part-time, return to practice part-way through a calendar year, or practise or from overseas.
We do not prescribe what CPD activities you need to complete or how much CPD you need to complete as part of the EPP. However, if you practise part-time or return to practice part-way through a calendar year, the amount of CPD you do should be proportionate to the amount of work you do.
We will ask you to declare if you are up to date with the requirements of the EPP as part of the annual Authorisation to Practise process. You must also produce a written record of your CPD plan and the CPD you have completed if we ask you to, for example, as part of a spot check of compliance with the requirements of the EPP (rQ135 of the BSB Handbook).
Extensions and waivers
We do not operate an extension, waiver, or exemption process from the requirements of the EPP. If your circumstances (e.g. parental leave or ill health) mean that it is appropriate for you to complete no CPD or less CPD in a given year, you need to record this in your CPD plan.
The CPD process – Review, Record, Reflect and Report
You must follow the four stages of the CPD process (Review - Record – Reflect - Report) if you are on the EPP (rQ134 of the BSB Handbook). You may follow them if you are on the NPP. This will help you to:
- Develop your knowledge, skills, and professional standards in areas relevant to your present or proposed area(s) of practice.
- Keep up to date.
- Maintain the highest standards of professional practice.
- Prepare for the EPP.
We encourage you to follow the steps in the arrows outside each stage of the CPD process in the above diagram, which represent good practice.
The CPD process is reflective. This means it involves taking a step back to think about things like the standards of the work and service you provide, your strengths and weaknesses, the challenges of your practice, and any developments in your area(s) of law.
This does not have to be formal, complicated, or time-consuming. It can be a routine part of your practice. For instance, you could reflect after each case or at regular (e.g. monthly) intervals and might be doing this already.
We encourage you to base your reflection on feedback and self-assessment.
The following sections explain each stage of the CPD process in more detail and provide practical examples of learning objectives, reflection, feedback, and self-assessment.
If you are on the EPP, you must prepare a written CPD Plan setting out your learning objectives and the types of CPD activities you plan to undertake during each calendar year (rQ134.1 of the BSB Handbook). You may do this if you are on the NPP.
You may use our CPD Templates to help prepare an effective CPD plan.
The meaning of ‘learning objective’
A learning objective is a statement of what you intend to achieve through your CPD activities for a calendar year with reference to a specific aim and one or more outcomes (rQ130.8).
An example of a learning objective is “To qualify to provide legal services directly to members of the public to improve my ability to work effectively with a wide range of clients and deliver cost-effective services”. Our Example CPD Records include additional examples.
You may use our CPD Templates to record your learning objectives. For each learning objective, they ask you to:
- Describe your learning objective. There is an example learning objective above and additional examples in our CPD Templates and Examples resource .
- Select how you identified each learning objective, for example, by using feedback from others or self-assessment. There is guidance on using feedback and self-assessment below.
- Select the area(s) each learning objective falls into, for example, advocacy or practice management.
- Select the type(s) of CPD you plan to complete to achieve each objective, for example, virtual training, attending a conference, or self-directed study.
Feedback and self-assessment
We encourage you to use feedback and self-assessment to help identify your learning objectives.
Feedback means information about your performance, the quality of your practice, and the standards of work and service you provide. It can be formal or informal, positive or negative, verbal or written, and does not have to be complex. Examples of feedback include, but are not limited to:
- Feedback from judges, for example, about your written advocacy, oral advocacy, knowledge of the law, and skills for engaging with or questioning vulnerable people.
- Feedback from professional clients and lay clients about the standards of work and service you provide. This could be obtained informally (e.g. from comments a client makes in your engagement with them) or formally (e.g. from a complaint).
- Feedback obtained from a practice review. The Bar Council has guidance on Getting the Most out of a Practice Review.
- Feedback from clerks, for example, about aspects of your practice management and how you engage with them.
- Feedback from other barristers, for example, about your performance in a particular case they were involved in.
- Feedback from a mentor or supervisor, for example, about your strengths and ways you might be able to improve your practice.
- Feedback from training providers, for example, about your knowledge and skills in the areas covered by a course or your performance in an assessment.
- Feedback from your employer, if applicable, which could be informal or part of a formal appraisal process.
Self-assessment means your view of things like the quality of your practice, the standards of work and service you provide, developments in your area(s) of law, gaps in your knowledge, skills you could improve, your strengths and weaknesses, and your professional goals.
As with feedback, self-assessment does not have to be formal or complex. It can be a straightforward and routine part of your practice; for instance, you could self-assess your performance at the end of each case or regular (e.g. quarterly) intervals.
Using the Professional Statement
You may focus your learning objectives on the main areas of the Professional Statement, which sets out the essential knowledge, skills, and attributes you should expect of yourself and other barristers. Our CPD Templates encourage you to do this.
You may also use our targeted competence resources if they are relevant to your practice, including our:
The main areas of the Professional Statement are below, with some prompts to help you identify if you have learning objectives in each area.
You must not accept instructions to act in a matter if you are not competent or experienced enough to handle it. This includes your ability to work with vulnerable clients (rC21.8 and gC71 of the BSB Handbook). The following questions could help you identify if your legal knowledge and skills are up to date and if you have learning objectives in this area.
- What legal skills do I need to develop and maintain to provide my clients with competent or high standards of work and service?
- What legal knowledge do I need to develop and maintain to provide my clients with competent or high standards of work and service?
- Have there been any developments in my area(s) of practice which mean I need to update my legal knowledge and skills?
- Do I need to develop or update a particular skill or area of my legal knowledge, for example, because I haven’t used it for a while or need it for an upcoming case?
- Have I received any negative or constructive feedback about my legal knowledge and skills, for example, from a judge?
- Am I weaker in a particular skill or area of legal knowledge, for example, because I have less experience using it?
- Do I have up-to-date legal knowledge and skills for providing advocacy services remotely, if applicable?
Your written and oral advocacy skills should be appropriate to your practice, experience, and seniority. The following questions could help you identify if you have learning objectives in this area.
- Do I need to update a particular aspect of my advocacy, for example, because I am new to it or haven’t practised it in a while?
- Do I need to strengthen a particular aspect of my advocacy for an upcoming case, such as questioning an expert witness?
- Have I received any negative or constructive feedback about any aspect(s) of my written or oral advocacy, for example, from a judge, colleague, or peer?
- Are my knowledge and skills for questioning and dealing effectively with vulnerable witnesses up to date?
- What aspects of advocacy am I best at, and what aspects could I improve?
You must take reasonable steps to manage your practice or carry out your role within your practice competently and achieve compliance with your legal and regulatory obligations (CD10 of the BSB Handbook). The following questions could help you identify if you have learning objectives in this area.
- What knowledge and skills are relevant to the nature of my practice, for example, as a sole practitioner, a barrister in chambers, in-house counsel, an employee or manager of a BSB authorised entity, a public access barrister, or a dual capacity barrister?
- What knowledge and skills are relevant to my role within my practice, for example, as a head of chambers, a tenant, a pupil supervisor, or the owner or manager of a BSB-authorised entity?
- Do I have up-to-date knowledge and skills for managing the financial aspects of my practice, including compliance with money laundering regulations?
- Do I have up-to-date knowledge and skills for managing the risks of my practice?
- Do I have up-to-date knowledge and skills about how to use technology to help manage my practice?
- Do I have up-to-date knowledge and skills for managing or supervising colleagues and employees?
- Do I have up-to-date knowledge and skills for managing my work environment, including issues relating to well-being, stress, anxiety, and mental health?
Several Core Duties in the BSB Handbook relate to your ability to work effectively with clients and others, especially:
- CD2 to act in the best interests of each client.
- CD5 to not behave in a way which is likely to diminish the trust and confidence which the public places in you or the profession.
- CD7 to provide a competent standard of work and service to each client, which includes your ability to work with vulnerable clients (rC21.8 and gC71).
- CD8 to not discriminate unlawfully against any person.
The following questions could help you identify if you have learning objectives in this area.
- Have I received any negative or constructive feedback from my clients or anyone else I work with, for example, about the quality of my services?
- Do I provide clear, transparent, and accessible information about the services I provide, how much my services cost, and what people can expect from me?
- Do I have up-to-date knowledge of equality and diversity legislation, regulations, and good practice?
- Do I have up-to-date skills to meet my equality and diversity obligations and demonstrate good equality and diversity practice?
- Could I make the services I provide more accessible to clients from diverse backgrounds and clients who are vulnerable?
- Do I have up-to-date knowledge and skills for working with clients from diverse backgrounds and clients who are vulnerable?
- Do I have up-to-date knowledge and skills for helping clients from diverse backgrounds and vulnerable clients participate effectively in proceedings?
- Could I learn how to use forms of technology to improve how I work with my clients and others, if appropriate?
- How do I want my clients and others to feel when they work with me? Am I confident that my clients and others feel this way when they work with me, or are there things I could do better?
- Could I learn anything from colleagues or peers with a reputation for working exceptionally well with clients and others?
- Do I have up-to-date knowledge and skills for working as a public access barrister? If you are a public access barrister, you must complete training authorised by us and register as such (rC120 of the BSB Handbook).
Ethics, professionalism, and judgement
Several Core Duties in the BSB Handbook relate to your ability to work effectively with clients and others, especially:
- CD1 to observe your duty to the court in the administration of justice.
- CD3 to act with honesty and integrity.
- CD5 to not behave in a way which is likely to diminish the trust and confidence which the public places in you or the profession.
- CD6 to keep the affairs of each client confidential.
The following questions could help you identify if you have any learning objectives in this area.
- Do I have up-to-date knowledge of my legal and regulatory obligations in this area, for example, regarding client confidentiality, data protection, my duties to the court, money laundering, and conflicts of interest?
- How effectively have I dealt with any ethical dilemmas or challenges? Could I have done anything better, and what did I learn from dealing with them?
- Do I understand how to use technology ethically in my practice?
- Do I have up-to-date knowledge of equality and diversity legislation, regulations, and good practice?
- Do I have up-to-date skills to meet my equality and diversity obligations and demonstrate good equality and diversity practice?
You must produce your CPD plan and record of your CPD activities if we request it, for example, as part of a spot check of compliance with our CPD requirements (rQ135 of the BSB Handbook).
If you are on the EPP, you must retain a record of your CPD plan and completed CPD activities for three full years (rQ134.2 of the BSB Handbook). You may do this if you are on the NPP.
We encourage you to maintain your CPD record as a living document. This means:
- Updating it regularly with your work to achieve your learning objectives.
- Revisiting your learning objectives regularly and updating them when needed, for example, in response to a development in your area(s) of practice, feedback, or a new professional goal.
You may use our CPD Templates to help create and maintain an effective CPD record. They ask you to record:
- Each CPD activity, including what it involved, when you completed it and, if applicable, the provider you completed it with.
- What learning objective(s) each CPD activity relates to.
- Whether each CPD activity met the learning objective(s) to which it relates.
- Whether you have evidence of the completion of each CPD activity.
We encourage you to keep evidence of the CPD activities you complete. Evidence could include an attendance record, dated notes, emails, copies of published work, a signature of completion, results from a course or assessment, or a CPD record countersigned by a colleague.
Identifying if something is CPD
Except for the advocacy and ethics requirements of the NPP, we do not prescribe specific CPD activities. The activities you complete can depend on several factors, including the nature of your practice and your preferred learning style.
Based on the definition of “CPD” (rQ130.2 of the BSB Handbook), the following questions can help you identify whether an activity counts as CPD. If the answer to either question is ‘no’, then the activity doesn’t count as CPD.
- Is the activity undertaken over and above the normal commitments of your role?
- Does the activity help you maintain and develop your skills, knowledge, and professional standards in areas relevant to your present or proposed area(s) of practice to keep you up to date and maintain the highest standards of professional practice?
Here is an indicative and non-exhaustive list of the types of activities that usually count as CPD:
- Completing in-person or virtual training to develop a specific skill, attribute, or area of knowledge. This can include the public access training you need to complete to provide your services directly to members of the public (rC120 of the BSB Handbook).
- Attending conferences, seminars, or lectures, for example, to improve your understanding of developments in your area(s) of practice.
- Setting aside regular time to complete self-study, for example, of newsletters, law journals, blogs, and podcasts related to your practice.
- Writing, recording, or editing published work related to your practice, such as articles, textbooks, blogs, and podcasts.
- Delivering training, seminars, lectures, courses, and workshops related to your practice.
- Shadowing a colleague, for example, a more senior colleague or a colleague in a different practice area.
- Participating in a formal or informal mentorship arrangement relevant to your practice, either as a mentor or mentee.
- Learning from your colleagues and peers, for example, by attending regular meetings to discuss developments in your area(s) of practice and share feedback, knowledge and good practice.
- Participating in events and initiatives run by professional networks relevant to your practice.
- Pro bono or voluntary legal activities which extend beyond your normal practice.
Here is an indicative and non-exhaustive list of activities which do not count as CPD:
- Work completed as part of your normal practice, including pro bono or voluntary legal work.
- Legal research completed as part of your normal practice.
- Blogging or engaging with social media unrelated to your current or proposed practice.
This stage involves using feedback and self-assessment to evaluate your progress towards your learning objectives. The previous section, Stage 2 – Record, includes information about feedback and self-assessment.
Your written CPD record for each calendar year must include the following if you are on the EPP:
- Your reflection on the CPD activities you have completed (rQ134.a of the BSB Handbook).
- Any variation in your planned CPD activities (rQ134.b).
- Your assessment of your future learning objectives (rQ134.c).
You may include these things in your CPD record if you are on the NPP.
You may use our CPD Templates to help.
Reflecting on your CPD activities means taking a step back to think about things like:
- The extent to which your CPD activities addressed your learning objectives for the year.
- Whether any of your CPD activities identified additional or more advanced learning objectives to achieve in the following year.
- Whether any of your CPD activities improved the quality of your practice and the standards of the work and service you provide.
- The quality of any CPD activities that a training provider delivered.
- Your performance in any CPD activities that were formally or informally assessed.
We encourage you to base your reflection on your CPD on a combination of feedback and self-assessment. The previous section, Stage 1 – Review, includes examples of feedback and self-assessment.
Several things could lead you to vary your planned CPD activities, including developments in your area(s) of law, changes to your professional or personal circumstances, feedback, or a new professional goal.
Your future learning objectives do not have to be completely different from your current or previous ones. They may be similar or even identical, for example, if you need to work to achieve them over a long period or do similar things every year to stay up to date. Your future learning objectives may also be more advanced versions of your current or previous ones.
We require you to tell us if you are up to date with your CPD obligations as part of the annual Authorisation to Practise process.
You must also produce a written record of your CPD plan and the CPD activities you have completed if we ask you to (rQ135). If you are on the EPP, you must retain a record of your CPD plan and CPD activities for three years. (rQ134.4). You may do this if you are on the NPP.
Using our CPD Templates can help you demonstrate compliance and good practice if we ask to check your records, for example, as part of a pot check of compliance with our CPD requirements. Read the CPD Supervision and Enforcement page for more information.
Remember to include any new or ongoing learning objectives in your next CPD plan and record.
