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Practice Advice

Practice advice

Welcome to the practice advice page.

Below is a range of questions regarding general practice guidance for you to browse. However, if you are not able to find the answer to your query, you may submit an e-mail to us here.

For practice and industry updates following the coronavirus crisis, please see updated information in our ‘stay connected’ hub. 

Browse from the topics below or view the full A to Z list of questions.

 

Please note: If you have any queries regarding employment, CPD, membership grades and fees, then please visit our membership page. If you have any queries regarding the advocacy qualification, regulation, or complaints against members then please visit the CILEX Regulation website.

Whilst every effort is made to ensure the accuracy of the information provided by us, it does not constitute legal advice and cannot be relied upon as such. Please note CILEX is not able to become involved in employment disputes nor can it provide formal advice on business proposals. CILEX does not accept any responsibility for liabilities arising as a result of the reliance upon the information given.

A to Z list of questions

A

Alternative Business Structures

What is an ABS?
How would a firm become an ABS with the CLC or SRA?
See also: Business Structures/Managing Firms

B

Business Structures/Managing Firms

What are the different types of business structures?
What is a Legal Disciplinary Practice (LDP)?
What has happened to LDPs post 6 October 2011?
What is a “manager”?
What is a “Recognised Body”?
How would a firm become a recognised body with the CLC?
How would a firm become a recognised body with the SRA?
What is a Certificate of Good Standing?
How will I be regulated in a Recognised Body or ABS?
Complaints about the Recognised Body or ABS
What disciplinary powers does the SRA have against Chartered Legal Executives in a Recognised Body or ABS?
Will I need to take out Indemnity Insurance?

C

Certifying and witnessing documents

Can I certify copy documents?
Can I witness a document?
Can I sign a document as a ‘Notary Public’? 
Can I certify a copy of a Power of Attorney, Enduring Power of Attorney (EPA) or LPA?
Can I sign a Certificate of Title?
Can I countersign apassport application?

Codes of conduct

Am I bound by other codes of conduct?

Confidentiality

What is my duty in relation to confidentiality?
Are there any exceptions to the rule of confidentiality?
What is the difference between confidentiality and Legal Professional Privilege?
Can I take data of clients with me when I change firm?
See also: Data Protection

D

Data Protection

If a third-party to a case makes a Subject Access Request under the Data Protection Act, what should I do?

See also: Confidentiality

E

F

Fees

What hourly rate can I charge to clients?
What is the ‘Guideline Hourly Rate’?
What are the different grades of fee earners?
Which Grade in the GHRs may be appropriate for CILEX members?

G

H

I

ID1 and ID2 Forms

Can a Chartered Legal Executive sign ID1 or ID2 Forms?

Indemnity Insurance

Am I required to have indemnity insurance?

Industrial Action

Can a Chartered Legal Executive engage in industrial action?

Instructing Counsel

Can I instruct a Barrister?

J

Job Titles

What can my job title be?
Will my job title change if I obtain new practice rights?

K

L

Lasting Power of Attorney, Certificate Provider for

Can I act as a Certificate Provider for a Lasting Power of Attorney (LPA)?

Legal Aid – signing forms

As a member of CILEX, can I sign Legal Aid forms?

Legal Representative, Definition of

As a member, am I a “Legal Representative” under the Civil Procedure Rules (“CPR”)?
Can I sign a statement of truth under the CPR?

Logo Usage

Can a member use the CILEX logo?

Can a member use the CILEX Regulation logo?

M

McKenzie Friend

Can I act as a McKenzieFriend?

N

Notary

What is a Notary?
Can a Chartered Legal Executive apply to become a Notary?

O

Oaths, Administering of

Can I administer oaths?
When can I not administer oaths?
What precautions should I take when administering oaths or taking statutory declarations?
What is the usual method for swearing an oath/making an affidavit?
What is the alternative method for swearing an oath/making an affidavit?
How should the Attestation Clause be completed?
What is the fee payable?
Do I keep the fee?
Can I administer an oath for a minor?

P

Practice Rights

What additional practice rights are available?
How do I record or change my area of specialism with CILEX?

Q

R

Reserved Legal Activities

Is CILEX an Approved Regulator under the Legal Services Act 2007?
What Reserved Legal Activities am I authorised to carry on as a Member?
What Reserved Legal Activities am I not authorised to carry on as a Member?
What are the penalties for carrying out a Reserved Legal Activity when not authorised?
Are there any exemptions or exceptions to the prohibition oncarrying out Reserved Legal Activities?
What are regulated activities?
What can I do as a self-employed member without obtaining furtherpractice rights?
What can I do as a locum or consultant?

Rights of Audience

What rights of audience do I have as a member of CILEX?
Are there further rights open to me once I become a Fellow?
I am a Local Authority employee. What rights of audience are open to me?
I am not employed or supervised by Solicitors, what rights are open to me?
I work in-house, what rights are available to me?
What rights of audience are available to members in tribunals?
Can a Chartered Legal Executive Advocate join the Duty Rota Scheme?
Does a Chartered Legal Executive Advocate have rights of audience in court martial proceedings?

See also: Reserved Legal Activities

S

Settlement Agreements

Can a Chartered Legal Executive sign settlement agreements?

Supervision/Management

Can I manage a branch office of a solicitors firm or head a department within the firm?
Is there a requirement to undertake the practice management courses?
Do I need to undertake training for the Solicitors AccountsRules?

T

U

Undertakings

Can I give undertakings on behalf of my firm?
Can I refuse a request from my client to give an undertaking?
What are the consequences of giving an undertaking?
What are the consequences of not fulfilling an undertaking?
I am self-employed, can I give undertakings?
I work in-house, can I give undertakings on behalf of myemployer?

V

W

X

Y

Z