What Chartered Legal Executive Lawyers Do

Not all lawyers are solicitors or barristers. Under the Legal Services Act 2007 (hereinafter the 2007 Act), for example, Chartered Legal Executive lawyers are ‘authorised persons’ undertaking ‘reserved legal activities’, alongside solicitors and barristers. A Chartered Legal Executive lawyer specialises in a particular area of law, and will have been trained to the same standard as a solicitor in that area.

Fully qualified and experienced Chartered Legal Executive lawyers are able to undertake many of the legal activities that solicitors do. For example, they will have their own clients (with full conduct of cases) and they can undertake representation in court where appropriate.

Chartered Legal Executive lawyers must adhere to a code of conduct and, like solicitors, are required to continue training throughout their careers in order to keep themselves abreast of the latest developments in the law.

The role of a Chartered Legal Executive lawyer

As a general rule, a Chartered Legal Executive lawyer is able to undertake all work that may be undertaken by a solicitor under the supervision of the solicitor (also known as a principal) In this sense, the work of a Chartered Legal Executive is almost indistinguishable from the work of a solicitor.

As yet, Chartered Legal Executive do not generally have independent practice rights, but under the 2007 Act, Legal Executive lawyers are able to become partners or managers in Legal Disciplinary Practices (firms of different lawyers with 25% non-lawyer managers).

Looking ahead, when the relevant sections of the 2007 Act come into force, Chartered Legal Executives will be able to become partners or managers in Alternative Business Structures (firms with external ownership and investment) and set up their own practices.

Chartered Legal Executives are now also eligible to apply for prescribed judicial posts and become Chairs of Tribunals. These are exciting times.

Rights of Audience

The main exception to the general rule that a Chartered Legal Executive under supervision can undertake all work that a solicitor can do, is the right to appear in open court in the High Court, county courts and magistrates’ courts. However, under the County Court (Rights of Audience) Direction 1978 rights of audience were extended to include the following:

(i) certain unopposed applications in the County Court;

(ii) An application for judgment by consent.

In addition to the above rights, a Chartered Legal Executive Lawyer may appear in county court arbitrations and before tribunals at the discretion of the court. This is under the general discretionary power of the court or tribunal.

However, the general rule is now subject to additional rights that the Chartered Institute of Legal Executives can award Chartered Legal Executive who have completed the prescribed rights of audience qualification. A Chartered Legal Executive who has successfully completed and passed the advocacy skills course and evidence test may apply to CILEx for the relevant rights of audience certificate. CILEx is then able to award the rights of audience under the prescribed certificate.  

Coroners Courts

The granting of the above rights is subject to Chartered Legal Executives being employed in solicitors or other litigators practice and those that have fully paid subscriptions for membership purposes.

In English law, a Commissioner of Oaths is a person appointed by the Lord Chancellor with power to administer oaths or take affidavits. All Chartered Legal Executives have these powers but must not use them in proceedings in which they are acting for any of the parties or in which they have an interest. This is a free standing right under the Statutory Instrument 1995 No.1676.

Further Rights

Chartered Legal Executives can also act as claims managers under the Compensation Act if regulated by CILEx, and CILEx is a designated professional body for the purposes of regulating immigration advisors. As such, CILEx can authorise relevant members who are on the immigration register to undertake immigration and asylum services.

Legal Executives of three years’ good standing can sign client account cheques drawn on their principals’ client account (Solicitors Account Rules 1991).

Chartered Legal Executives can also give advice on compromise agreements. A compromise agreement is a legally binding agreement usually between an employee and employer when the parties want to set out the terms and conditions reached when a contract of employment is to be terminated or a dispute is to be resolved. Such an agreement can be used, for example in redundancy, by mutual agreement, dismissal, or to settle an Employment Tribunal case.

As a matter of completeness, Chartered Legal Executives employed by Local Authorities or Housing Management Organisations (exercising Local Authority Housing functions) can also exercise certain rights of audience in the magistrates’ courts and county courts acting on behalf of their local authority or housing management employer along with other employees. Chartered Legal Executives are categorised as conveyancers for certain purposes under the Land Registration Rules and in most cases may sign transfer deeds on behalf of their employers in conveyancing transactions.

Find out about the powers and duties of Chartered Legal Executive lawyers.