At CILEx we are committed to working with legal professionals across the UK to support them with their business ambitions and goals. We provide support, advice and guidance to individual members, employers and self-employed members.
What can self-employed members do?
Provide non-reserved or non-regulated legal activities
CILEx members can provide non-reserved or non-regulated activities such as general legal advice, employment law, wills, trusts and estate administration (excluding the reserved activity of probate) once competence in relevant subjects is reached. However, they will still need to ensure that they comply with relevant legislative and regulatory requirements, such as Anti-Money Laundering regulations.
Obtain authorisation to provide reserved and regulated legal services
The provision of reserved and regulated services, which includes conduct of litigation, exercising rights of audience, probate, conveyancing and immigration advice and services, requires appropriate authorisation.
CILEx Regulation is able to authorise members to undertake these reserved legal activities. You can read more about this below.
Administer Oaths or take Affidavits
CILEx Fellows with up-to-date CPD records and subscriptions, can carry out the reserved legal activity of administering oaths or affirmations independently. They are qualified and authorised to act as a Commissioner for Oaths and use this title when verifying affidavits (except in proceedings in which they act for any of the parties or have an interest in the party).
What can self-employed members do with entity regulation?
All other reserved and regulated legal activities require the appropriate individual authorisation as well as regulation of the firm or practice providing the service. This is referred to as Entity Regulation.
This is important for self-employed members who deliver their services through other practices or those who wish to set up as a legal firm for themselves.
CILEx Regulation can regulate entities, and you can read more about entity regulation, and the process here.
The following services require both individual and entity regulation:
Provision of independent Probate or Conveyancing services
Conveyancing and Probate services are classed as reserved activities that can only be carried out by an individual who has been authorised for the relevant practice rights and through firms with the appropriate regulation (entity regulation required under the Legal Services Act).
CILEx professionals with the right knowledge, experience and skills can apply for conveyancing practice rights or probate practice rights to gain the required authorisation and compete equally with other practicing lawyers. Services can be provided on a freelance basis through regulated firms or through an independent practice (subject to entity regulation).
Find out more about becoming a CILEx conveyancing practitioner or a CILEx probate practitioner.
Provision of independent Civil, Criminal or Family litigation services
Ancillary litigation services require relevant practice rights to authorise the individual and they must also be carried out by a firm with the appropriate entity regulation.
Chartered Legal Executives are eligible to apply for litigation related practice rights in the following 3 areas:
The application process can start before becoming a Chartered Legal Executive, but authorisation will only be gained once they have been admitted as a Chartered Legal Executive and have demonstrated the relevant knowledge skills, experience and competence to exercise litigation rights within their chosen area.
In order to be authorised as a CILEx Practitioner in Civil, Criminal or Family litigation, you must also complete an additional advocacy qualification to match the chosen area of practice.
Provision of independent Immigration services
Chartered Legal Executives with the right knowledge, skills and experience can apply for practice rights to get the authorisation needed to provide immigration services. A CILEx Immigration Practitioner competes equally with other immigration lawyers.
As Immigration is classed as a regulated service under the Immigration and Asylum Act 1999, in order to practice independently, you will need to make an application to have your firm authorised as an entity.
For further information, advice and support please contact us on 01234 845777 or by email at email@example.com.