LEGAL EXECUTIVES Flashcards
What are Legal Executives?
They are a type of lawyers in the UK who specialize in one area of law and work alongside solicitors and barristers.
How many Legal Executives are there?
There are over 20 000 practicing Legal Executives in the UK
Where do they work?
-Solicitors’ firms
-local authorities
- CPS
-They are charged at an hourly rate, same as solicitors’ work, but at a lower rate
-Unlikely to be sued as the partners of the firm are responsible for the legal executive’s work
what is the Qualification and Training of legal executives
-necessary to pass the Professional Diploma in Law
- necessary to pass Professional Higher Diploma in Law (PHDL)
-necessary to have worked in a solicitors’ firm (or in other legal orginsations such as CPS or local government) for at least 5 years.
-Then, you will be a fellow of the charted institute of legal executives CILEx
How to go from Legal Executive to Solicitor
In order to progress to become a solicitor, the legal executive will have to pass the Law Society’s Legal Practice Course (LPC),
however they may be given exemption from the two year training contract
What do Legal Executives do (Including Advocacy)?
-Legal Executives focus in a particular area of law, and although they work is similar to that of a solicitor, generally they deal with more simple matters.
For example, they can:
-handle parts of a property transfer
-assist in formation of a company
- draft wills
- advise clients accused of a crime
-advise client detained in a police station
explain the advocacy for legal executives
-They have some rights of audience in court and can complete an advocacy course and obtain wider rights of audience
In Litigation cases, there are three different practicing certificates, which are?
-A Civil Proceedings Certificate
- A Criminal Proceedings Certificate, which allows legal executives to make applications for bail or deal with cases in the Youth Court
-A Family Proceedings certificate which allows appearances in the Family Court of the Magistrates’ Court
What is the Chartered Institute of Legal Executives? (regulation)
Organization in which all Legal Executives are members of.
What does this organization do?
-It provides education, training and development of skills for legal executives
-protects the status and interests of legal executives
-promotes and secures professional standards of conduct among members
- CILEx publishes a code of conduct and guides to good practice, but regulation of its members is performed by the CILEx Regulation Board.
-When an investigation is complete, a summary of the issues is prepared the matter is put to the Professional Conduct Panel for consideration. The Panel will decide if there has been misconduct. If there has been misconduct, it may reprimand or warn a member. It will refer serious matters to the Disciplinary Tribunal, which has the power to:
- exclude a person from membership of the institute
- reprimand or warn the member
-order the legal executive to pay a fine and cost.
