Leaders of the professional body for legal executives have reached out to members over the Mazur fallout – but stopped short of any apology for the distress of the past fortnight.
The Chartered Institute for Legal Executives issued a statement yesterday in which chief executive Jennifer Coupland and president Sara Fowler tried to clarify the position for members regarding practising rights.
The Mazur judgment underlined the terms of the Legal Services Act in stating that employees of a law firm could not conduct litigation themselves, even under supervision.
That appeared at odds with CILEX guidance of recent years and since the ruling legal executives have voiced anger at what they perceive as past assurances they could carry out litigation work under supervision. Kevin Richardson, a legal executive and president of Hampshire Law Society, said he and many CILEX lawyers felt ‘misled and let down’ by their professional body.
In its latest statement, also emailed to members, CILEX said: ‘We are deeply concerned about the upset this is causing our members, and understand the frustration being voiced from within the CILEX community.’
The representative body said it has been pressing its regulator, CILEX Regulation, every day for urgent guidance and clear, practical solutions. CILEX Regulation published an update with interim guidance today.
But CILEX rejected the accusation that it had misinformed members over their practising rights.
‘CILEX’s interpretation of the Legal Services Act has always been aligned with that of other regulators and with guidance on the conduct of litigation,’ it said. ‘When practice rights became available to CILEX professionals in 2014, those with litigation practice rights have been authorised to conduct litigation independently and within their authorised specialism.
‘Since then, we have strongly encouraged members to obtain these rights. This has been communicated repeatedly through the member portal, newsletters, emails, journal articles, webinars, and in-person events.’
The statement makes clear the position that member swho work in litigation and do not have practice rights are not authorised to conduct litigation. Instead, legal executives without such rights must ensure their contribution remains ‘strictly in assisting’ the authorised person who conducts the litigation.
CILEX added: ‘Members have, for many years, been working in litigation with skill, professionalism and dedication, earning the trust and respect of clients and employers alike. Providing support and guidance to members is our priority as we navigate these challenges together.’
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