Legal executives seek independent practice

Legal executives seek independent practice

Legal executives are set to come out of the shadow of solicitors and practise independently with rights to conduct litigation, under plans unveiled last week.

Addressing the Institute of Legal Executives (ILEX) 40th anniversary celebrations, president Mary Dowson also revealed that the institute was pushing to extend legal executives' rights of audience and role in areas such as employment and probate law.

Ms Dowson said ILEX was developing a scheme of education and training under powers given by the Access to Justice Act 1999 to ILEX to grant rights to conduct litigation to suitably qualified legal executives.

This will initially focus on civil and family law, building on existing ILEX training schemes, and will not be a general right to conduct litigation.

'As we see it, there is really no benefit to any legal executive in undertaking such training if they intend to continue to work under the supervision of a solicitor,' she told an audience including the Solicitor-General, Harriet Harman QC, and the Master of the Rolls, Lord Phillips of Worth Matravers.

'What is key is that it will enable the legal executive to consider independent practice, whether as the owner of a legal practice, or the head of a legal team in commerce, industry, local or central government.'

Ms Dowson added that the Legal services consultative panel - which advises the Lord Chancellor on changes to professional rules - is currently considering an ILEX application to extend the rights of audience legal executives can exercise to criminal matters in magistrates' courts and county court proceedings that affect the liberty of the subject.

'We are confident that this application will be successful,' she said.

While saying that new legislation was required to change the shape of the delivery of legal services, Ms Dowson also called on the government to effect changes that could be handled without Parliamentary time.

A request is currently before the secretary of state for trade and industry to enable legal executives to provide advice on compromise agreements in employment cases.

ILEX is also pushing to have legal executives included in an expanded list of those able to make applications for grant of probate on behalf of others.

Ms Dowson said she was aware that 'some solicitors may feel threatened by the developments', but called on the Law Society to support them because they will extend access to justice and compliment the services offered by solicitors.

Speaking after Ms Dowson, Law Society President Carolyn Kirby wished ILEX 'every success' with initiatives that 'improve and enhance the opportunities for ILEX members'.

She added: 'The Law Society will continue to offer support to ILEX wherever and whenever it is needed.

I believe the future will see us strengthen still further our mutually beneficial and highly valued relationship.'

Neil Rose