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 CILEx 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.