CILEX Regulation Ltd was created in collaboration with the SRA under the Legal Services Act, 2007, which revised the Legal Services Regulations. CILEX acknowledged today that its own independent regulatory authority “has increased the status of cilex professionals so that they can become partners (there are now about 1,000), create their own companies and acquire independent practice rights”. CILEX said it believes the SRA has the “size and scope” needed to ensure effective regulation, noting that 70% of CILEX practitioners already work in SRA-regulated companies. She stated that in its attempts to advance the chosen approach, CILEX “did not conduct any meaningful consultation with us or with the regulated community. We agree that it makes sense to consider changes to current regulatory regimes and, based on 10 years of experience, we have already announced that we will soon begin consulting on duly considered proposals. It is also a pity that Mr Kenny did not seriously attempt to cooperate with us as an independent regulator in his review, and it is therefore not surprising that his report contains several unsubstantiated claims and is simply false in places. It`s different with solicitors. While they train, they take what the legal community calls “seats.” A large number of “seats” are designated as lawyers by training during their two-year training period. Each seat will be in a different area of law, which means they can be trained in one area of law for four months, then move on to another and so on. The CILEX Regulation will remain the primary regulatory authority for legal executives, although the SRA has regulatory powers against legal leaders in PDOs regulated by the SRA under the Legal Services Act. Under the act, the SRA will regulate LDP companies as separate entities, and it will also have the authority to regulate people working for the LDP, including licensed legal executive lawyers.
For example, the SRA may fine or publicly reprimand a lawyer if it finds that an approved legal framework has violated the relevant regulations, or refer a case to the Lawyers` Disciplinary Tribunal or the CILEX Regulation. This means that the measures taken by the ARM could potentially include measures against individual legal leaders and/or against information submitted by the ARM to the CILEX Regulation on the conduct of legal leaders if deemed justified, which could result in disciplinary action in accordance with the CILEX Regulation. Memoranda of Understanding on the criteria and modalities for sharing this information are being developed. The independent regulator of licensed lawyers, CILEX Regulation, has warned of possible legal action after CILEX, the member body of 20,000 lawyers, said it had begun formal discussions with the Solicitors Regulation Authority (SRA) to consider a possible proposal to transfer the regulation to its members. 12. What role will the Commission des services juridiques play in regulating the legal profession? I was one of the leading lawyers, consultants and trainers of the Solicitors Regulation Authority for several years. I now advise and represent exclusively legal executives and their companies in professional difficulty before the SRA or the Legal Ombudsman. The RAS can sometimes be an aggressive investigator who needs answers to complex questions in a short period of time. They also need to be dealt with in an open and direct way, and I can help ensure that the right information is provided in the right way. CILEX is a world-leading and innovative company in the legal sector that sets high professional and ethical standards and promotes greater diversity in the profession for the benefit of society. CILEX qualified professionals are appreciated for the rigor of their training, their practical skills and their expertise. The SRA was created in January 2007 by the Legal Services Act, 2007 to act as an independent regulator for lawyers.
Although the SRA is officially a branch of the Law Society, it is a legal creation and operationally independent of the Law Society. In a report by Sir David Clementi on all legal services in England and Wales, he recommended that professional associations that have both regulatory and representative responsibilities separate these roles. The government accepted this recommendation. CILEX is the professional association and governing body of more than 21,000 licensed legal executive lawyers, other lawyers and paralegals. Our mission is to enhance the role and reputation of licensed legal executives and all of our members of the legal profession. Licensed lawyers would be able to establish LDCs (subject to the requirements of question 1 above), as well as lawyers and other persons deemed appropriate by the SRA. A LDP should inform the SRA of its composition and other matters, and the LDP should first obtain a certificate of reliability for non-lawyer members who are not lawyers and obtain specific approval from non-lawyer managers. The 2007 law does not provide for a partnership composed solely of lawyers. Legal leaders, on the other hand, continue their work calmly – what could lead them to a public dispute? “We believe that integrating CILEX members` regulations into the RAS could give clients and others real clarity and confidence that no matter who does the work, the results will be of the same high quality. Any new model should preserve the unique identity of CILEX lawyers, CILEX paralegals and CILEX advanced paralegals and maintain the CILEX pathway to qualification. It is important to note that there would be no cross-subsidization between CILEX practitioners and lawyers on the cost of regulation. Complaints about the company itself, primarily about the service it provides, would be handled by the SRA as the company`s regulator.
As explained in paragraph 11 above, this could include an investigation into the conduct of a legal framework and possibly disciplinary action by the SRA. Complaints about the legal executive as an individual, in particular conduct not covered by the ERS rules and any serious complaint that could result in suspension or exclusion, would be covered by the CILEX Regulation as the individual regulatory authority of the legal executive. These agreements are covered by the letters of intent referred to in the reply to question 11. The SRA regulates lawyers, other licensed professionals and the firms in which they work in England and Wales. Scotland and Northern Ireland are separate jurisdictions and have their own regulatory systems. A lawyer is a person who carries out certain legal activities after obtaining a specialist diploma and training. These specific services are called reserved legal activities. In England and Wales, the legal activities currently reserved are as follows: company-based regulation is the regulation of the business unit, as opposed to the people who work there.