Report comment

Please fill in the form to report an unsuitable comment. Please state which comment is of concern and why. It will be sent to our moderator for review.

Comment

The Court Service and CPR are also partially to blame for this. Court forms used in litigation generally allow for them to be signed by a party's 'legal representative' and which follows rule 22.1(6) CPR. But what does that mean? Rule 2(3) CPR defines 'legal representative' to include a solicitor's employee which would include anyone from a qualified solicitor to a receptionist.

The problem is that 'legal representative' is not a term people use in the same way as a solicitor or barrister and could imply just a local 'dabbler' advising neighbours, friends and family.

So you have this paradoxical situation where a non-qualified person working for a solicitor can sign any court document as a 'legal representative' while the person albeit unqualified genuinely assisting someone in law cannot. While this may not be wholly undesirable the terminology is nonetheless confusing.

There is then the title 'paralegal with issues of its own. Its medical equivalent of paramedic requires qualifying in a recognised course and registration with a regulatory body whereas anyone can call themselves a paralegal. But to the public a paralegal implies some kind of qualification and yet it can be used by anyone.

Your details

Cancel