Practice Rights
Practice Rights
INTRODUCTION
What are practice rights?
Some legal work
can only be undertaken by, or under the supervision of, an
authorised person. These are known as reserved activities. They are
defined in the Legal Services Act 2007.
The regulator of CILEX members, CILEX Regulation is now able to authorise individuals to undertake reserved activities, provided they can demonstrate their competence to do so. This enables you to qualify as an authorised person with the right to conduct one or more reserved activities.
What rights can I apply for?
Any person, who can demonstrate competence can apply to CILEX
Regulation to become authorised for the reserved
activities of:
- Probate, and/or
- Conveyancing (Reserved Instrument Activities)
By virtue of qualifying as a Chartered Legal Executive one can automatically conduct the reserved activity of Administering Oaths. One can also complete a qualification process to gain rights of audience. Details of that scheme appear here.
Chartered Legal Executives are also eligible to apply to CILEX Regulation for practice rights in the following reserved/regulated activities:
- Criminal Litigation and Advocacy
- Family Litigation and Advocacy
- Civil Litigation and Advocacy
- Immigration advice and services
- Exercise rights of audience; and
- Conduct litigation in criminal proceedings.
Who can apply?
You must be a Chartered Legal Executive (a
Fellow of CILEX) to apply for litigation, advocacy and immigration
rights.
Any person, including those in any grade of CILEX membership can apply for conveyancing and probate rights. You do not have to be a member of CILEX to be awarded these practice rights, though you would be eligible for CILEX membership.
With litigation, advocacy and immigration rights although you can start the application process before you become a Chartered Legal Executive, you cannot be authorised until you have been admitted as a Fellow of CILEX and demonstrated your competence in your chosen practice area. Guidance on becoming a Chartered Legal Executive can be found here.
THE APPLICATION PROCESS
What should I do first?
Before you start
to complete the application form, you should read the relevant
handbook:
- Litigation Rights:
Criminal Litigation and Advocacy
Family Litigation and Advocacy
Civil Litigation and Advocacy - Immigration Handbook
- Probate Handbook
- Conveyancing Handbook
These handbooks take you through the application process step by step and include detailed guidance on using the competence frameworks and completing your logbook and portfolios.
How do I apply?
There is an application form that you must complete for each of the
practice rights you seek.
The application process has been designed to enable you to
demonstrate your competence in the area of practice in which you
seek practice rights.
In addition, if you will want to work in an CILEX
Regulation regulated legal practice you must demonstrate
minimum competence in practice management and accounts (we have
called this Level 1). The application form covers this
also.
Competence in both specialist areas of practice and in practice
management and accounts is defined in competence frameworks, which
can be found in the scheme handbooks at the links below. These
frameworks set out the knowledge, understanding, skills and
experience that CILEX Regulation has determined demonstrates
the minimum competence needed to work gain these practice
rights.
You can demonstrate your competence in the area of practice in
which you seek rights either by completing qualifications and
courses or through portfolios which demonstrate your knowledge,
understanding, skills and experience, as set out in the relevant
competence frameworks.
To make an application for authorisation for your selected practice
right, you should complete the application form, which can be found
here.
Fees
The fee for an application is £450.