Code of Conduct

This is the Code of Conduct (the Code) of CILEX and its regulatory body, CILEX Regulation. It sets out the principles to which CILEX members, CILEX practitioners and CILEX Authorised Entities must adhere in their conduct, practice and professional performance, and the outcomes they must meet.

Membership and regulated practice carry both privileges and responsibilities. They require that in your conduct, practice and professional performance you:

• develop and use your professional knowledge and skills for the benefit of those who use your services
• maintain good professional relationships with others
• act in a way that promotes confidence and trust in the legal professions and the provision of legal services.

Click here to access the CILEX Code of Conduct.

Core Principles

You must adhere to the following core principles in the work you do and the decisions you make. The principles also help the public to know the standards of behaviour that are expected of you.

You must:
1. Uphold the rule of law and the impartial administration of justice.
2. Maintain high standards of professional and personal conduct and justify public trust in you, your profession and the provision of legal services.
3. Behave with honesty and integrity.
4. Comply with your legal and regulatory obligations and deal with your regulators and ombudsmen openly, promptly and co-operatively.
5. Act competently in the best interests of your client and respect client confidentiality.
6. Treat everyone fairly and without prejudice.
7. Ensure your independence is not compromised.
8. Act effectively and in accordance with proper governance and sound financial and risk management principles.
9. Protect client money and assets.

You must comply with the Code whenever it applies to you. Your professional and personal conduct will be judged against it and a breach may lead to action being taken against you. Compliance with the Code will be taken into account in considering information which raises a question about your conduct, practice or professional performance. If you are unsure how this Code applies to you, contact CILEX Regulation on 01234 845770 or [email protected]

 

Powers and Duties

There are a wide range of specialist activities which practising Fellows of CILEX are trained to undertake as lawyers.

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 .