Seven in 10 legal executives do not think changing the current regulatory regime is a priority, according to the findings of a CILEx Regulation consultation that could scupper transfer talks between CILEX and the Solicitors Regulation Authority. CILEX told the Gazette its board is meeting today to consider next steps in its review of regulatory delegation.

The current regulator of 20,000 legal executives turned to practitioners in its latest move to challenge the representative body’s plans to transfer regulation to the SRA.

Legal executives were asked if they considered it to be a priority to change the current regulatory system: 68% of the 1,018 people who answered this question said ‘no’.

One said: ‘I honestly believe there is no reason to change the current regulator, CILEx Regulation in my experience does a great job, especially not to the SRA whom is already dreadfully slow and overburdened. CILEx’s approach compared to the SRA’s in most matters is usually much fairer and less biased - changing to SRA regulation would be awful!’

Another said: ‘CILEx Regulation works well and we should maintain a separate regulator as a separate body from solicitors, otherwise you may as well have CILEX itself become part of the Law Society and all under the SRA umbrella. I don’t think that would encourage the wider backgrounds in the law that CILEX brings, but that also requires a specific regulator that understands that cohort and the issues for them.’

However, one concerned respondent said: ‘It makes it complicated for both legal practitioners and members of the public to know who practitioners are regulated by when you have so many regulators, and what the rules are when each regulator has their own separate rules. There should really be one regulator with different experts (made up of all the current regulatory staff) within them to deal with profession-specific issues (eg a bar team, a solicitor team, a CILEX team, etc).’

Another respondent believed any form of differential treatment for CILEX lawyers was bad for them. ‘Currently, we’re required to use an email signoff which differentiates us. If we become SRA-regulated, I hope this will negate the need to do this.’

Another said: ‘CILEX-qualified lawyers are still seen as second best to solicitors. If the Law Society regulated us it would help our reputation.’

One respondent keen not to be regulated by the SRA said: ‘We are better as we are than the solicitors who can be persecuted by the expensive lawyers the SRA use. This civil war is embarrassing and should stop.’

However, another respondent said: ‘CILEx itself is not fit for purpose. When CILEx changed members' titles, they killed off all credibility of fellows etc. Being advised by an “advanced paralegal” certainly doesn't give clients the confidence it would if they instructed a “solicitor”. CILEx is unfit to manage or regulate itself or anyone else. The SRA should review and consider all CILEx members and admit them as solicitors if they meet the requisite competencies. CILEx should then be dissolved. Despite spending 7 years to “qualify” with CILEx, because of the disorganisation and mayhem, I am being forced to now also do the SQE at significant cost just to be recognised as anything but a laughing stock amongst my peers.’

While 70% of respondents are happy to keep things the same, they were unimpressed with CILEX and CILEx Regulation’s public spat.

One respondent said the falling out ‘seemed very unprofessional and made a lot of CILEx members feel there is no security’. Another said the relationship breakdown was ‘embarrassing and harmful to our profession’.

One legal executive said: ‘It's clearly not broken, other than egos on both sides. Let's focus on building CILEX as serious lawyers rather than bickering away in public.’

One respondent was unimpressed with the question: 'Sorry but this is an awful question. Which system do you mean? CILEx/CRL or the legal profession as a whole? And either way, this is not a binary question and it is worrying that decisions might be made on the back of unqualifiable YES or NO answers.'

Any regulatory switch would not happen until next year at the earliest. CILEX will shortly publish a consultation on the SRA’s and CILEx Regulation’s proposals. CILEX and CILEx Regulation will then need to agree a way forward and make proposals for any rule changes to the Legal Services Board. The oversight regulator could take three months to make its decision.

A spokesperson for CILEX said: 'The CILEX board will be meeting on 19 July to consider next steps in CILEX’s review of its regulatory delegation. An announcement on the next steps will follow in due course.'

 

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