By Siân Riley and Patrick Herald of Legal Futures Associate Access Legal
In today’s fast-paced and complex regulatory landscape, the role of a Compliance Officer for Legal Practice (COLP) is crucial in ensuring that a law firm manages risks and adheres to the necessary legal, ethical, and regulatory standards.
It is a multifaceted and dynamic role which requires wearing many different hats; you are not only the guardian of all things compliance but also a key player in fostering a culture of integrity and accountability within your firm. COLPs of today must be adaptable, knowledgeable, and proactive in their approach.
As with any job, some COLPs are carrying out the role more effectively than others. The goal of Access Legal’s updated eLearning course, How to be a COLP, due to be released on 07.08.24, is to demystify the role and offer guidance on how to be the best COLP you can be.
The content is aimed at both new and existing COLPs; all in the role can learn something from it which will enhance their existing knowledge and skills.
We spoke to Piers Leigh-Pollitt, Partner and COLP at Doyle Clayton and an expert contributor featured in the course, to get the lowdown on his time as a COLP in a commercial law practice….
So, Piers, how did you come to be the COLP?
Our firm’s first COLP was our then CEO, Peter Doyle, and he also had the role of COFA. We were a much smaller organisation then, but even so our CEO found it a bit much having to cover both compliance roles and was happy for someone else to take over the COLP role from him! Our current CEO, Tina Wisener, who was at the time the Head of the Reading Office where I worked and still work, thought that I would be a good fit and asked me if I wanted to do it. I was intrigued by the challenge, so I said yes. That was about 7 years ago…
What is a typical day at work like for you – how much of your day is typically taken up by your COLP responsibilities?
A typical day at work for me will involve a lot of COLP responsibilities. The firm has 92 employees and a turnover of about £17 million so we have our fair share of COLP issues. We aren’t a full-service firm and don’t practise in particularly high-risk areas (no wills or conveyancing, for example) but I get quite a lot of KYC queries, conflict issues, a wide variety of concerns about clients (financial viability; mental health issues; potential and actual complaints) and need to update our risk register and keep other records up to date. I still do some fee earning (employment and data protection) but the vast majority of my time is taken up with COLP and management issues as I am also a member of the Business Services Group.
Do you have any guiding principles as you go about your role?
Yes, the main guiding principles are (perhaps unsurprisingly) the SRA principles. These principles include the need to act with honesty and integrity, uphold trust and confidence in the profession, and acting in the best interests of clients. I often return to that final principle, acting in the best interests of clients. There are always some caveats to that principle (such as where that duty conflicts with the duty to the court) but it is the main guiding principle that I apply as I go about my role. I remind my colleagues that this is not the same as always doing what the client asks of you; sometimes obediently following instructions is quite the opposite of acting in the best interests of the client. Having to tell a client that their instructions are not in their best interests inevitably causes friction, but our job is to advise properly and if a client won’t follow our advice we have to think long and hard about whether we can continue to act for them if their conduct prevents us from acting in their best interests. The client’s conduct can make it harder for us to abide by other principles (such as acting with honesty and integrity). Hopefully we can change behaviour but if not, it can unfortunately result in a parting of the ways; the COLP’s advice should be sought in these situations.
What qualities do you think effective COLPs share?
Probably the same qualities that make good lawyers – we need to be able to think logically and reach solutions, often having absorbed a large amount of information. A good COLP is not just someone who admonishes their colleagues when they get things wrong; they need to have some empathy or they risk not being told about problems or potential problems when they arise, and that could be very damaging for a firm as problems will often worsen if they are not dealt with at an early stage. Tact and diplomacy are useful attributes, particularly when dealing with senior management.
Can you tell us about a challenge or challenges you have faced as a COLP and how you have overcome it or them?
I think one of my biggest challenges was dealing with the fallout of a case that went wrong. I can’t say too much about it, but it took a long time to get to grips with the case (which had been going on for years) and I had to compile a detailed report together with comprehensive learning points for the firm as a whole. It led to an overhaul of our supervision process and other internal policies and procedures.
What moment or accomplishment are you most proud of from your time as a COLP so far?
My proudest moments are when my input helps to resolve a long-standing or difficult issue. I had one Partner who had a very challenging client who wouldn’t listen to advice and would bombard her with emails, often late at night and with oppressive amounts of detail. We worked together on a particular strategy to manage the client and ultimately it worked for everyone concerned. It is very rewarding when a colleague tells you that your involvement has enabled them to sleep better at night, particularly when the client is also able to recognise the need to change their behaviour and is ultimately pleased with the outcome.
What do you know now that you wish you had known when you first became the COLP?
I wish I’d known that I wasn’t expected to know everything all at once. When you start out doing this role, you think that everyone expects you to have all the knowledge at your fingertips and have all the records in place and updated all the time. While it would be lovely to be that organised and knowledgeable, it takes time to grow into the role. Don’t be too hard on yourself – while it’s a responsible role, it’s also a very rewarding one, particularly on the pastoral side when you are helping resolve issues for the good of your colleagues and clients alike.
Are there any courses or resources you would recommend to existing or aspiring COLPs?
I have attended a couple of COLP training courses over the years, however if you are wanting a shorter course that gives you a comprehensive overview, I would recommend How to be a COLP by Access Legal (and not just because I feature in it!) – the course covers the regulatory framework applicable to COLPs, helping you to lead a firm-wide culture of compliance. You’ll learn how to undertake a risk assessment and create a risk register and compliance plan, as well as identify, record and (if necessary) report breaches.
Finally, as a customer of Access Legal, we’d be interested to know why you chose us as the provider of your firm’s legal learning and compliance software and your experience of using our products?
I listen to Access Legal’s monthly compliance update webinar with Brian Rogers which is really informative and user-friendly. As a firm, we have the Access Group’s online training modules which are very user-friendly and accessible, and we have also purchased the suite of policies and procedures – they are of a very high standard, and we have adopted some of them into our firm’s policies and procedures.
As you can see from our conversation with Piers, the COLP role can be very wide-ranging and challenging at times (it’s not one for the faint-hearted!), yet it also has the potential to be very fulfilling. It offers a unique opportunity to really leave your stamp on your firm and to make a difference to both colleagues and clients alike.
For additional support, explore our comprehensive COLP survival Guide which details key focus areas and resources for staying updated and finding support. Our team is here to help you navigate the complexities of legal compliance; if you have any questions or would like to learn more about our How to be a COLP course, please don’t hesitate to get in touch.
