During development, the aim of the Law Society was to ensure the Framework:

• Took a holistic rather than a reductive approach to legal professional excellence, by identifying the enduring behaviours that underpin skills and technical competence.
• Was inclusive and representative of the entire NSW legal profession.
• Provided guidance at graduated proficiency levels, recognising that practitioners will build their capabilities over the course of their career. 
• Was future-focused and adaptable to both the changing legal landscape and to individual professional experiences and requirements.

The Capability Framework has been deliberately developed to apply to all solicitors across NSW, encompassing a wide range of roles, sectors, practice areas and years of expertise. It is intended to be both inclusive and representative of the whole legal profession.

The Solicitor Capability Framework was developed by The Law Society of NSW with support from The Institute for Working Futures as project lead consultants, and Dr Pamela Hanrahan as a legal consultant with specific NSW expertise. The development process began in March 2024 and involved significant input and validation from the NSW legal profession to ensure the Framework would accurately reflect, and therefore be applicable to, the current and prospective landscape of legal practice in NSW.

A Steering Committee, comprising members of the Law Society Council, approved the parameters of the project and oversaw the development process. In addition, an SME/ Working Group of highly experienced representatives of the legal profession across various sectors and practice areas was formed to meet with the consultants and offer feedback and insights. Data and feedback were also gathered through a Law Society member survey as well as several focus groups, consisting of volunteer solicitor members, which informed the initial draft Framework. 

The draft Framework was further reviewed and refined by the SME/Working Group, Dr Pamela Hanrahan and the Law Society’s internal working group, before the final Framework was presented to and approved by the Law Society Council.

No, the Solicitor Capability Framework is not mandatory. The Framework does not replace CPD regulatory obligations under the Uniform Law, nor is it intended to countermand or comment upon the Australian Solicitors’ Conduct Rules.

Capabilities are human or non-technical behaviours and skills that are important for all solicitors during their career. They complement technical skills, knowledge and competencies that are relevant to specific roles or areas of practice.

The Primary Priority Capabilities are the seven key capabilities which feedback from the profession indicated are of particular relevance to solicitors now, and into the medium term, and which therefore form the basis of the Framework. Another seven capabilities were identified as important but of lower ranking currently (the Secondary Priority Capabilities). These have been listed at the end of the Framework for reference, but are not the focus of the Framework in its current form. The Law Society intends to review the framework periodically to ensure the mix of Primary Capabilities reflects the needs of the profession in the current environment.

The Framework establishes three proficiency levels: Developing; Proficient; and Expert. Each of the Primary Priority Capabilities includes descriptions which indicate how different skills related to that capability are demonstrated at different proficiency levels.

Proficiency levels are essential in any professional capability framework and help to personalise development solutions to reflect different stages of career development. It is important to recognise that solicitors could be working at different levels of proficiency across the various capabilities depending on their role, practice area, experience, or career path. 
 

CPD is a statutory condition imposed on all Australian practising certificates, pursuant to s 52 of the Legal Profession Uniform Law (NSW). This statutory condition requires the certificate holder to comply with the Legal Profession Uniform Continuing Professional Development (Solicitors) Rules 2015.

The Capability Framework does not have a statutory basis and does not impose any mandatory education or training. It has been developed to identify and support best practices generally, as well as individual professional development. While CPD education may assist solicitors to develop their proficiency in a particular capability, it is not the only means of strengthening and growing their expertise. Click here for more information about CPD requirements.

By adopting a holistic approach to professional development through the lens of the Solicitor Capability Framework, solicitors will better understand and be able to personalise a plan for their growth and development, to future-proof their career within a changing legal landscape.

Solicitors are encouraged to familiarise themselves with the Framework and review the different behaviours and skills described for the Primary Priority Capabilities. Individuals can then self-assess their proficiency across the capabilities and identify and target areas for professional development. The Law Society can also support law firms/organisations who would like to incorporate the Framework into their internal professional development processes. 

The Framework is intended to be an adaptable and flexible document that can change to meet the needs of the profession. The Law Society will continue to monitor and review the effectiveness and applicability of the Framework over time.

The Capability Framework has been integrated into the Law Society’s CPD program. In addition to including relevant capabilities in the descriptions of our live and on-demand courses, solicitors can now search our LawInform catalogue for education related to specific capabilities. To do this, navigate to the Courses page then click on ‘Advanced search’ and filter by the capability you are interested in.