Legal Executives By Lisa Incledon

Legal Executives Qualified lawyer Normally specialising in a particular area of law To be a fully qualified ‘Legal Executive’ you must reach the level of Fellow of the Institute of Legal Executives (ILEX)

Becoming a Legal Executive Two aspects to qualifying: – Academic training – Qualifying Employment

Academic Training Two stages of academic training: – ILEX Level 3 Professional Diploma in Law and Practice – ILEX Level 6 Professional Higher Diploma in Law and Practice

Qualifying Employment What is qualifying employment? – Work of a legal nature, under the supervision of a Solicitor, Legal Executive, Barrister or Licensed Conveyancer – Can be in legal practice, legal department of a public company or local/national government 5 years qualifying employment in total – Final 2 years must be after the academic training is complete

Levels of Membership Student Affiliate (ILEX Level 3 unit qualification, relevant level 2 legal qualification or minimum of 3 years work of predominantly legal nature) Associate (completed Level 3 Professional Diploma or qualifying law degree) Graduate (completed ILEX Level 3 and 6 or LPC/BVC graduates)

Specialisms of Legal Executives Civil Litigation Criminal Litigation Family law Conveyancing Public law Corporate Etc.

Employment Often employed in solicitors’ firms (and can become partners in firms) May also be self-employed Cannot undertake reserved legal activity unless working under supervision of an authorised person: – Conveyancing – Applications for probate or letters of administration – Conducting litigation and exercising advocacy rights

Work of Legal Executives Draft wills Draw up documents to assist in the formation of a company Advise in relation to matrimonial problems Advise clients accused of crime Advise on compromise agreements (if employed in a solicitor’s firm)

Work of Legal Executives Licensed by BarDirect Committee of Bar Council to instruct barristers directly Act as Commissioners for Oaths If of 3 years’ good standing – sign client account cheques on principal’s account Appear in relation to certain unopposed applications in County Court and applications for judgment by consent

ILEX members may… Provide immigration and services if registered to do so (with ILEX before 2004 or OISC) Become District judges or chairmen of tribunals (Fellows are now eligible for judicial appointment) Qualify as Legal Executive Advocates with further training and receive further rights of audience

Legal Executive Advocates Further rights of audience to represent clients in: – County Court – Family Proceedings Court – Magistrates Court (including Youth Court) – Coroners Court – Most tribunals.

Conduct Members of ILEX must comply with the ILEX Professional Standards Code of Conduct which sets out nine principles – What are the principles? The Code of Conduct and other rules and guidance for members can be found on the ILEX Professional Standards website.

Conduct Members of ILEX may also be subject to other Codes: – Qualified Legal Executive Advocates must comply with the ‘Rights of Audience Conduct Rules’ Members employed in practices regulated by other professional bodies must comply with codes of employers: – E.g. those in solicitors’ firms are governed by the Solicitors’ Code of Conduct

Complaints Two types of complaints: Service complaints – Complaints relating to the quality of service – To whom should these complaints be made? Conduct complaints – Complaints relating to the conduct of ILEX members – To whom should these complaints be made?

Service Complaints 1. Complain to the practice – Clients should be given information about the firm’s complaints handling procedure 2. Can further complain to the Legal Ombudsman – If the complaint is not dealt with or the client finds the response unsatisfactory – Clients should be given information about this right

Conduct Complaints Dealt with by ILEX Professional Standards (IPS) Investigated and referred to the Professional Conduct Panel In some instances the Professional Conduct Panel will refer the case to the Disciplinary Tribunal – Formal process, usually with legal representation