Leaked webinar reveals CILEX members were misled pre-Mazur

Legal executives were explicitly told by their regulator and representative body last year that they could conduct litigation, it has emerged. 

The Gazette has seen a webinar produced for legal executives in July 2024 where the advice – since discounted by the High Court in Mazur – was given. The webinar was jointly hosted by CILEX and CILEx Regulation (CRL) to specifically address practising rights.

One of the viewers asked about the long-term implications of a CILEX fellow not obtaining practice rights. CILEX membership manager Louise Tyrrell replied: ‘There isn’t one. You will continue to work as you were under supervision and remain a chartered legal executive so there aren’t any implications on that from our perspective.’

Siobhain O’Mahony, practitioner authorisation and supervision manager at CRL, added: ‘You’re an authorised person under the Legal Services Act, aren’t you? So there’s no implication to not [getting] practice rights.’

The Gazette understands that CILEX has removed several pieces of content from its website. The webinar advice, which is no longer publicly available, contradicts the organisation’s statement from last week saying that it had ‘strongly encouraged’ members to obtain practising rights and that this had been communicated repeatedly.

It would appear that legal executives have been conducting litigation unlawfully based on the advice of their representative body and regulator. Internal talks have continued in both organisations about their respective legal positions.

The implications are already being felt in law firms across the country. Several legal executives have contacted the Gazette saying they have felt sidelined as their employers act to stop them carrying out work they have done for years. One experienced practitioner said: ‘Today, I received notification that all of my cases must be transferred into solicitors’ names because I can no longer conduct litigation. I do not blame my employers, they have been very supportive, and they are simply responding to Mazur and the regulatory guidance issued by the SRA and CRL.

‘To compound this, I was also informed today that a charity has suspended my panel accreditation until I obtain practising rights for litigation and advocacy. This is both disheartening and embarrassing.’

Legal executives may now apply for further practising rights, leading to the prospect of having to pay extra fees to the same representative body that misinformed them in the first place. To gain such rights, it has also been pointed out that applicants need to show examples of their litigation experience – something that is effectively impossible post-Mazur.

A spokesperson for CILEX said: 'We are acutely aware of the distress the Mazur judgment is causing our members. Our overriding priority has always been to act in the best interests of the CILEX community, and this remains our focus as we navigate the impacts of this ruling.

'We’re aware that a single short clip from our joint webinar with CILEx Regulation on practice rights has been shared. Taken in isolation, it doesn’t reflect the full discussion or the detailed follow-up information that was provided to members afterwards. 

'We are actively engaging across the profession to gain clarity on the Mazur judgment and will keep our members updated as we work towards practical solutions.'

Meanwhile, a law firm that encouraged former clients of other firms to consider legal action on the basis their litigation was conducted by an unauthorised person has come under criticism. 

Cardiff firm Clodes Solicitors posted on its website and on Linkedin that Mazur could mean that some cases were handled by individuals not fully authorised to do so, potentially impacting the validity of legal steps taken and the fees they have been charged. The firm said: ‘If you are concerned that a legal executive or CILEX Lawyer without the requisite litigation practice rights had conduct over your litigation, or if you are otherwise challenging solicitors’ fees and believe you are entitled to a cost reduction, we can assist.

‘We invite you to contact us for a confidential discussion. We can review your billing issues and, in particular, assess situations where individuals holding themselves out to have conduct of litigation were not qualified to do so.’

Critics, who pointed out the firm has a trainee legal executive on its staff, accused Clodes of scaremongering and trying to exploit the confusion and uncertainty that Mazur has caused. The posts have since been removed.

This article is now closed for comment.