The Law Society has published practice advice for solicitors on the seismic Mazur ruling, clarifying which tasks legal business workers who are not authorised to conduct litigation are allowed to carry out.
The practice note stresses that a person must be authorised by the Solicitors Regulation Authority or other approved legal regulator to conduct litigation. An unauthorised team member cannot conduct litigation, notwithstanding that they are an employee or manager of an authorised firm and/or working under the supervision of an authorised person.
‘The definition of the conduct of litigation is narrow and limited to formal steps in proceedings. For example, the issuing, filing and serving of applications and statements of case,’ the practice note states.
Much of the work involved in litigation can still be carried out by non-authorised staff – either because it does not amount to the reserved activity of the conduct of litigation, or because it falls within their role assisting an authorised person, says the practice note.
This will include activities that take place before proceedings are initiated. It will also generally include matters such as: the giving of general legal advice; drafting pleadings, particulars of claim, applications and correspondence; proofing witnesses; drafting statements; and signing a statement of truth.
‘Solicitors and firms will wish to make sure their processes and records demonstrate that appropriately authorised persons are exercising their professional responsibility for the key formal steps and strategic decisions in connection with proceedings initiated before the courts,’ it adds. ‘”Tick-box”’ oversight from an authorised person will not be sufficient.’
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