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Powers and Duties

There are a wide range of specialist activities which practising Fellows of CILEx (Chartered Legal Executives) are trained to undertake as lawyers.

Members of CILEx must themselves adhere to the IPS Code of Conduct and ensure they act within their competence (Rule 9).

 

Contentious Matters

Embracing civil, criminal and matrimonial litigation, on behalf of his/her principal,

A Fellow will:

  • Attend and have a right of audience in chambers before judges, masters, registrars and district judges of the High Court and before circuit judges and district judges of the county courts.

Have the right to address the court on:

  • An unopposed application for an adjournment or an application for judgment by consent
  • Represent an appellant before a Legal Aid Area Committee on the hearing of an appeal against a decision affecting an applicant's right to receive Legal Aid
  • Interview and obtain reports from expert witnesses
  • Prepare pleadings, claim forms and affidavits during the course of legal proceedings
  • Instruct counsel and collate relevant documents, evidence and information in actions proceeding to trial, in proceedings before tribunals, in arbitrations and at public inquiries
  • Make observations on the facts, on the law and on procedure to enable the litigant's case to be put before the court or tribunal.

Conveyancing

A Fellow will:

  • Give advice and draft documents on the sale or purchase of land, including contracts, conveyances, leases and charges
  • Advise on questions of title, easements, charges, boundaries, drainage rights and rights of way
  • Co-operate with other professional experts, including chartered surveyors and chartered architects.

Trusts, Probate & Administration of Estates

A Fellow will:

  • Prepare wills and other instruments creating trusts
  • Be experienced in obtaining grants of probate and of representation
  • Have knowledge of the procedures of the Probate Registries when administering Estates.

Company & Commercial Law

A Fellow will:

  • Advise on the incorporation and management of companies
  • Draft the memorandum and articles of association
  • Advise directors, secretaries and others about the duties of management and control and on the law relating to the formation and management of partnerships, and on bankruptcy and insolvency
  • Appear in court in small claims cases.

Local Government & Public Administration

A Fellow will:

  • Have knowledge of the functions of public authorities
  • Have knowledge of the law relating to housing, education, planning , public health, welfare and administrative law
  • Have special rights to appear in magistrates and county courts on behalf of his employer .

It is not essential to be a Fellow to be allowed to carry out all of these functions, but employers must ensure staff are competent to carry out the work given to them.

Find out about the further responsibilities of CILEx Advocates.