On this Page

Online resources

There is a wide range of online CPD resources available. We provide funding to the Law Library of Victoria to help them offer two online CPD courses covering legislation and case law. These are free to all Victorian lawyers. For more information, visit the Law Library website.

Guide for CPD providers - ethics education

Embedding legal ethics education across the four mandatory CPD subject streams

The Royal Commission into the Management of Police Informants (RCMPI) highlighted the importance of continuing ethics education for lawyers and recommended that legal ethics education be embedded across the four streams of CPD.  This finding was consistent with our Getting the Point review.

We have developed a guide for CPD providers highlighting ways they can incorporate ethics principles and issues in non-Ethics CPD stream topics, to underline the importance of legal ethics education across all areas of legal practice.  The guide also contains information for providers on how to strengthen legal ethics education within the Ethics CPD stream through greater use of interactive, scenario-based learning.

While the guide is for CPD providers, it contains important information that will assist lawyers in choosing the most useful ethics CPD for their role and development needs.  

The guide contains a list of ethics topics that could be explored exclusively or within the context of substantive law, practice management or professional skills CPD subjects.  

We welcome your ideas and feedback on further topics you see emerging for consideration. You can send feedback to CPDreview@lsbc.vic.gov.au 

You can download a copy of the new guidance here.

Changes for solicitors 2021/22

For the last two years we have removed the cap of 5 hours on private study of audio/visual material due to the pandemic. The cap will be reinstated from this year. It is important to note that online interactive study (such as participating in an online seminar with interactive elements) is not counted as ‘private study of audio/visual material’ and there is no cap for this type of professional development.

Many lawyers told us during the review that there was a lack of clarity around the meaning of these terms in the CPD Rules. Further guidance about what we consider ‘private study of audio visual material’ and what is ‘online interactive study’ is available on our 'Your CPD obligations' page.

Key topic areas for 2021/22

The findings of our 2020 report, and recent South Australian findings about the prevalence of harassment within the legal profession, suggest that lawyers should focus on sexual harassment in the workplace when planning their CPD year. 

Look for CPD sessions that go beyond basic facts (e.g. describing the legal definition of sexual harassment) to examine the types of less obvious behaviours that can constitute this conduct. Training should include information about what you can do if you experience or witness sexual harassment, as well as how to take a leadership role within the profession to prevent and address sexual harassment. Ask CPD providers whether their sessions address these issues.  

The manifestations and implications of family violence is also a topic you should consider, particularly if you practice in family law, criminal law or other areas that deal directly with members of the community.  

Leaders within the profession should consider refreshing and deepening your understanding of your workplace health and safety obligations in the post-COVID flexible working environment. This includes your obligations to address bullying and other forms of harassment, equal opportunity and anti-discrimination. CPD in this area could also assist you to identify ways to provide support to your staff to maintain wellness and balance.

How to plan your development

Getting the Point identified that reflection and planning of CPD would assist lawyers to proactively identify the types of CPD activities and topic areas that are practical and relevant to their area of practice, nuanced to their level of experience and targeted to their particular legal position. 

Your reflection could involve identifying emerging gaps in your knowledge and skills and thinking about current and emerging risks and challenges, such as technological developments or changes to the law.  You could consider sense testing the robustness of your reflection with your mentors and colleagues.

When planning for your education for 2021-22, reflect on your needs and seek out sessions that offer:

• interactivity and active participation 
• scenario-based problem solving, particularly for ethics activities
• smaller groups, break-out sessions and longer formats
• a level of discussion that is nuanced to your experience, practice area and your role and position
• an expert in the field who is an engaging presenter – look at reviews if you are not sure
• a range of formats for achieving your CPD such as a discussion group or preparation of a journal article
• activities with learning outcomes that align with your development goals and include a topic that is new and presents a challenge to your current knowledge or way of practising.

On this Page

Audits

Each year the Victorian Bar and the Law Institute of Victoria (LIV) carry out audits of lawyers’ CPD compliance on our behalf under a delegation. These verification audits can relate to any of the three previous years. 

If you’re selected for an audit, you will be contacted by the LIV or the Victorian Bar and asked to verify, within 21 days, that you’ve met your CPD obligations. You will need to provide supporting documentation to show that you have complied.

Supporting documentation may include:

• receipts of payment of CPD activities
• lists of attendance records
• attendances confirmation
• copies of presentation notes
• copies of enrolment records
• copies of Certificate of Completion of CPD activities.

Making up for missed CPD

If you haven’t met your CPD obligations you will receive written notice requesting you submit a rectification plan. Your plan must set out the CPD activities that you intend to take to make up for the CPD you missed, and you will be given 90 days to complete those activities. For more information about the rectification process, please contact the LIV and Victorian Bar directly. 

What happens if you don't complete your CPD?

You will be provided with the opportunity to comply and our preference is that you undertake CPD activities that are relevant and useful for your development.  Compliance with the CPD Rules however is a statutory requirement of your entitlement to hold a practicing certificate and we expect co-operation.  If you refuse to meet your CPD obligations, your practising certificate may not be renewed on time. We may wait until you have either met your obligations or established a rectification plan before processing your application.

In deciding how to respond to non-compliance, we may consider:

• the nature of the non-compliance
• the objectives of the Uniform Law
• the severity of, or culpability in, the non-compliance
• any mitigating factors.

Refusal to comply with the CPD Rules, including failure to comply with rectification requirements may result in us:

• imposing conditions on your practising certificate
• referring you for suitability consideration as to whether you are a fit and proper to hold a practising certificate

See our Continuing Professional Development Policy for more detailed information on audits.

On this Page

The CPD year runs from 1 April to 31 March. The process for seeking an exemption is different depending on whether you held a practising certificate for the entire CPD year. 

If you held a practising certificate for a full CPD year

You can seek an exemption from completing some or all of your CPD activities for the year under certain circumstances. Some reasons to seek an exemption include:

• If you have a period of absence, for example for parenting leave
• if you work part time, or reduced hours
• if you have a disability or you have suffered an illness
• if you have experienced hardship or other exceptional circumstances.

Applying for an exemption 

The LIV and the Victorian Bar manage applications for exemption on our behalf under a delegation.  To apply for an exemption, please contact the LIV for solicitors or the Victorian Bar for barristers.

You will be required to provide evidence in support of your application. This may include a letter from your employer, a statutory declaration or a medical certificate.

Our CPD policy contains some more detailed information about exemptions.

If you held a practising certificate for only part of the CPD year

If you have only practised for part of the CPD year you only need to obtain CPD points for the time that you held a practising certificate. For example you might have only received your first practising certificate in December, or you may have not renewed your certificate while you were on parental leave. 

The table listed below shows you how many points you need to obtain.

Commencing month	CPD points
April	10
May	9
June	8
July	7
August	6
September	5
October	4
November	3
December	2
January	1
February	0
March	0

 

If you have met the CPD points requirements in the table for the time you held a practising certificate you do not need to seek an exemption. When you are applying to renew your practising certificate you can select 'Yes' to the continuing professional development question on the renewal application.

If you did not hold a practising certificate at all

If you are applying for a new practising certificate after a career break (for example you did not renew your certificate while on parental leave for the entire 12 months of the CPD year, or while working in a job that did not require you to have a practising certificate) you don’t need to have completed any CPD or seek an exemption.

When you apply for your practising certificate on LSB Online you can select ‘I did not hold a practising certificate during this period’ and your application will proceed as normal. 
 

On this Page

CPD Rules

The CPD rules for barristers and the rules for solicitors outline the types of professional development activities you can undertake and earn CPD points for. The CPD Rules were developed by the national professional associations, the Law Council of Australia and the Australian Bar Association and approved as Uniform Rules by the Legal Services Council.  Under the Uniform Law we are responsible for regulating compliance with the CPD Rules.  We have delegated some functions associated with CPD compliance to the Law Institute of Victoria (for Solicitors) and the Victorian Bar (for barristers).

The CPD Rules for solicitors and barristers are slightly different so please ensure you are familiar with the CPD Rules that apply to you. If you change roles during the CPD year to become a barrister or vice versa, please see our CPD Policy.

In general, each activity must:

• be of significant intellectual or practical content and be related to the practice of law;
• be conducted by a person suitably qualified with practical or academic experience in the subject matter (not necessarily a lawyer); and
• extend your knowledge and skills relevant to your practice or career development.

The Rules explain that you must complete 10 CPD units in each CPD year, including at least one CPD unit in each of the following fields:

• ethics and professional responsibility
• practice management and business skills;
• professional (or barristers’) skills; and
• substantive law (which includes practice, procedure and evidence for barristers).

Exemptions and pro-rata units of CPD

If you did not hold a practising certificate for the entire CPD year you only need to complete CPD units for the time you held a practising certificate. If you were unable to complete 10 units of CPD for other reasons you may be able to apply for an exemption. See our exemptions page for more information on pro-rata CPD and applying for an exemption.

CPD activity

There are a range of options for completing CPD. For a more rewarding experience, we encourage you to pre-plan at least some of your CPD and try different formats and delivery modes. You can:

• participate in a lecture, seminar, workshop, discussion group or other educational activity – either in person or online
• research, prepare and/or edit a legal article
• prepare and/or present a CPD activity
• be a member of a legal committee, taskforce or practice section, if the work is of substantial significance to the practice of law and assists your professional development
• undertake postgraduate studies relevant to your practice needs
• undertake private study of audio/visual materials if it is specifically designed to update your knowledge and/or skills relevant to your practice needs. See below for more information.

CPD limits

For solicitors, there are some limits to the number of hours you can do for each activity. Please see the table below:

CPD activity	Points of activity	Limits that apply for solicitors
Participate in a lecture, seminar, workshop or discussion group, in person or online (see note below)	1 point per hour of activity	No limits
Research, prepare and/or edit a legal article or law report	1 point per 1,000 words	No more than 5 CPD points per year
Prepare and/or present a CPD activity	1 point per hour of activity	No more than 5 CPD points per year
Participate in  a legal committee, taskforce or practice section	1 point per 2 hours of activity	No more than 3 CPD points per year
Postgraduate studies relevant to the practice of law or practice needs	1 point per hour of activity	No limits
Private study of audio/visual materials (see below)	1 point per hour of activity	No more than 5 CPD points per year

 

Private study of audio/visual material 

Private study of audio/visual material is passive, i.e. it’s study that doesn’t offer any opportunity for participant interaction with the material, e.g. watching a recorded seminar, lecture or presentation. This is capped at 5 hours.

Online interactive audio/visual offers participants the opportunity to interact, or requires interaction with, CPD material because it involves things like: 

• Real-time discussion among participants in ‘break-out’ rooms
• A chat function or other facility to ask questions or post comments during an online seminar
• Quizzes, tests and polls to test your existing knowledge of a topic, comprehension of the material being discussed, and/or ability to apply concepts in practice
• Scenarios that require you to choose from various options in order to proceed.

This type of activity has no limits.

The Victorian Bar and the Law Institute of Victoria also have valuable information and resources about CPD on their websites.

You must keep a record of all the CPD activities you complete for at least three years.

LIV accredited specialisation

The Law Institute of Victoria Accreditation Specialisation program can also be completed as part of your CPD for a total of 10 points. The program is a sector led certification that demonstrates a high level of theoretical knowledge that is practically applied in day-to-day matters. Accredited Specialisation is a peer founded, self-directed, non-syllabus-based program for experienced lawyers. Lawyers need to demonstrate superior knowledge, experience and proficiency in a particular area of law to become an accredited specialist, and need to maintain their accreditation. Becoming a specialist sets practitioners apart as an expert in their field, providing a definitive mark of excellence for peers and clients. Currently the program accredits over 1,100 specialists across 16 areas of law.

Practice Management Course

For solicitors intending to become a principal of a law practice or commence as a sole practitioner, undertaking a practice management course is highly recommended. Successful completion is a way to demonstrate you have the rights skills and expertise to be granted your first principal practising certificate.  The course is also recommended if you are already a principal or sole practitioner and want to refresh and update your skills. Successful completion will allow you to meet all your CPD obligations for the year of completion.

CPD Policy

Our policy provides further guidance to assist you to meet your obligations under the CPD Rules and ensures consistency and clarity for our delegates, the LIV and the Bar.

This policy is divided into three areas:

• Part A: Compliance with CPD Rules.
• Part B: Monitoring compliance with CPD Rules.
• Part C: Responding to non-compliance with CPD Rules.

CPD reporting

When you apply to renew your practising certificate, you must declare whether you’ve met your CPD obligations for the CPD year. The CPD year runs from 1 April through to 31 March of the following year.  If your circumstances change during the year and you are concerned you may have difficulty complying with your obligations, you may qualify for an exemption. 

If you haven’t met your obligations at the time of making the declaration, you should provide details of any exemptions granted to you, or include any rectification plan to make up your CPD, with your renewal application.

See our sections on exemptions and making up for missed CPD.

On this Page

The purpose of CPD

Continuing professional development (CPD) obligations are intended to ensure that lawyers are continually updating and improving their skills and knowledge in order to maintain the quality of the service expected by, and delivered to, their clients and the community.

High quality legal service is of central importance when it comes to maintaining the public’s trust and confidence in the legal profession, which in turn supports the maintenance of the rule of law.

Your focus should be on good learning and development outcomes, rather than on compliance as an aim in itself. Taking the time to reflect on your development needs and plan for the year can help you choose CPD activities that go beyond meeting your obligations and are more relevant to your current practice or career aspirations.

We encourage you to explore the many and varied educational opportunities offered by your professional associations, government authorities and departments, courts, law firms, legal education providers, universities and others. Try different ways of learning and connecting with your peers such as joining a discussion group, write a legal article or participate in a legal committee or law reform taskforce.

How it works

If you hold a current practising certificate, you need to complete 10 points of CPD activities each year with at least one point in each of the following four fields:

• ethics and professional responsibility
• practice management and business skills
• professional skills
• substantive law.

Find out more about your CPD obligations.

The CPD year runs from 1 April through to 31 March of the following year.

What you need to do

When you renew your practising certificate each year you must declare to us that you have met your CPD obligations.

We expect that you will undertake meaningful professional development and keep records that can be easily produced to demonstrate your attendance or participation.

It is your responsibility to ensure the CPD you choose meets your obligations under the CPD Rules.  Although we are responsible for ensuring compliance with the rules, we do not accredit CPD providers or determine whether CPD courses are suitable for your particular professional needs.

If at any stage during the CPD year you think you may not be able to meet your obligations (for example you may anticipate taking parental leave), act early as you may qualify for an exemption.

Each year the Victorian Bar and the Law Institute of Victoria carry out audits of lawyers’ CPD compliance on our behalf. Find out more about exemptions, audits and making up for missed CPD.

CPD Review

Our review into CPD in Victoria was released on 25 November 2020. The report, ‘Getting the Point?  Review of Continuing Professional Development for Victorian Lawyers’ makes 28 recommendations to improve CPD to enable the legal profession to have meaningful, relevant and accessible learning opportunities that enrich the quality of legal services provided to the Victorian community. 

Read more about the review and report, including the guidance released in May 2021 for CPD providers.

We often receive complaints by lawyers about the behaviour of other lawyers who they engage with in the course of legal practice. Some of the issues raised in these complaints do not warrant our intervention. Others could or should have been resolved between the lawyers directly. 

We have outlined below the types of complaints we may investigate and those we are unlikely to consider. Please read the full operational guideline for detailed information on complaints by lawyers about lawyers here.

On this Page

 

There is a lot more to pricing legal services than billing according to the hourly rate, and evidence suggests that there are significant benefits to alternative pricing models. 

Issues with traditional legal services pricing

Our observations from complaints and auditing indicate that many lawyers perform their services in the traditional way: one-to-one, charged at the hourly rate rather than at an agreed or value-based price, with little standardisation or use of technology to increase efficiency. This way of practice is ‘normal’, but it may contribute to a number of bad outcomes. Time billing can be the root cause of much customer dissatisfaction, including uncertainty around pricing, and the inefficiency of the service. This business model can also impair the profitability and productivity of a law practice. For example, US data indicates that such law practices suffer from what is known as ‘cost disease’, which increases the price of services to clients, and severely limits the productivity of lawyers.  As a lawyer is selling their time, they do not have an incentive to save time and be more efficient. They experience the stress of having to take time out of billable hours to work on the business, which leads to very long work hours. Anecdotally, we believe that to be the case in Australia too. Performance measures by time billing targets can also negatively impact on lawyer health and well-being.   

Clients in the ‘people law’ areas are often put off from hiring a lawyer because of uncertainty around how much the services will cost. Clients dislike the uncertainty of services priced by the hourly rate and perceive them to be more expensive and worse value for money.  

Innovation in pricing can be an important enabler of innovation in other areas of law. Innovation is frequently prompted by a better understanding of a problem or experience from the end-user’s perspective. A lawyer who works more closely with their client to agree on value seeks a shared understanding of how the matter should operate, how risk should be shared and what the client really needs from their lawyer. Armed with this information, a lawyer can gauge how they can make their services better and more user-friendly for clients. Further, uncoupling pricing from time and billing by the hour helps lawyers to build more efficient and streamlined products, processes and business models with the assistance of technology.  

Innovative pricing models

Agreed pricing has been adopted by the legal profession as a major innovation in the pricing of services. We have provided guidance as to whether these practices are permissible under the Legal Profession Uniform Law 2014 (Uniform Law). Find out more about each pricing model on the links below. There is also a handy table to help you understand the benefits of agreed pricing compared to hourly rates. Find out more about agreed pricing.

Pricing models summary table