What Reserved Legal Activities am I authorised to carry on as a
In accordance with the Legal Services Act 2007, the only
reserved legal activity Fellows of CILEx are automatically entitled
to carry on independently is the administration of oaths. Other
members have no independent entitlement to carry on any of the
reserved legal activities.
If you are employed by, and working under the supervision of, an
authorised person (i.e. CILEx Practitioner, solicitor, barrister,
licensed conveyancer), in a law firm or in-house, you may carry on
the reserved legal activity that the authorised person is entitled
to carry on, by virtue of being an employee. This is because you will come under the 'exemptions' in the Legal Services Act.
Members employed in solicitors firms are authorised to carry out
the following reserved legal activities:
- exercise a right of audience in chambers hearings in the county
court, high court and family court;
- Reserved instrument activities (conveyancing);
- Probate activities; and
- Conduct of litigation.
Although 2007 Act does
not specify that employees are exempt for the purpose of conducting
litigation, the litigation would usually be undertaken on behalf of the firm or other organisation, and not the individual employee.
There appears to be an anomaly in respect of notarial
activities. The Act allows such activities to be carried out by
non-authorised persons for no fee, gain or reward. However, if a document needs to be signed by a notary public
will not be accepted if signed by anyone else. Members of CILEx
cannot carry out notarial activities, unless they go on to qualify as a Notary. For additional information on how to qualify as a Notary, please see here.
Following a number of successful applications to the LSB, and
approval by Parliament and the Lord Chancellor, CILEx Regulation
now has a number of schemes in place for Fellows wishing to become
a litigator and advocate, or an immigration practitioner, and qualification schemes for those
wishing to become probate or conveyancing practitioners.
If your question is not answered, contact us via our dedicated customer service enquiry form.