ILEX bids for members to have independent criminal litigation
rights
ILEX has unveiled plans to apply for the ability to grant
Fellows and Graduate Members independent rights to conduct criminal
litigation.
The moves come as applications to grant civil litigation and
probate rights, as well as criminal litigation and advocacy rights
for associate prosecutors, have been formally made to the Legal
Services Board.
In a consultation issued this month, ILEX’s regulatory arm, ILEX
Professional Standards (IPS), said the rights to conduct criminal
litigation will allow ILEX members who have completed the
qualification course to set up in independent practice if they
wish.
Chief Executive of IPS, Ian Watson, commented: “ILEX members
will have gained substantial experience of preparing cases for
trial, observing other advocates presenting cases and in most
instances representing clients at the police station. Under this
application, ILEX litigators will be trained and assessed in
advocacy skills relevant to their specialisation. The advocacy
training will be supported by the litigation qualification scheme
criteria. The training will enhance and improve their
skills.”
ILEX chief executive Diane Burleigh said: “ILEX very much
supports the work being done by IPS. It will almost complete the
suite of rights that our members will need if they are to fully
take advantage of new opportunities provided by the Legal Services
Act and new legal business models.”
Though the litigation rights sought range across the full
spectrum of criminal work, the advocacy rights mirror those that
IPS can grant to members currently qualifying as legal executive
advocates – appearing in the magistrates’ court, youth court,
coroners’ court, and the Crown Court for bail applications and
appeals or on committal for sentence.
Most of the 67 ILEX members who have gained advocacy rights have
done so for criminal proceedings and IPS said “the current course
provider has commented positively on the ability and skills” of
those taking it.
IPS proposes that members seeking the rights would first have to
apply for a certificate of eligibility, for which they would have
to demonstrate a certain level of knowledge and experience. If
granted, the member would then undertake a litigation skills
course, and, if they want advocacy rights and are not already a
legal executive advocate, an advocacy skills course.
A qualified legal executive litigator then wanting to set up in
independent practice would have to apply to IPS for authorisation,
and would be subject to the same practice management and accounts
rules that IPS has already drawn up for civil and family
litigators.
Meanwhile, IPS is also seeking to close the loophole which
prevents ILEX advocates who become partners in legal disciplinary
practices (LDPs) from exercising their rights of audience. Another
consultation proposes to alter the current ILEX rights of audience
certification rules, which pre-date the creation of LDPs, as they
currently only permit employees to qualify as legal executive
advocates.
This means an ILEX member cannot continue as an advocate if they
become a partner. The change will not permit members to become
independent advocates; they will still have to be employed by or
managers in a legal practice.
The criminal rights consultation closes on 22 October and the
advocacy consultation on 15 October. See http://www.ilexstandards.org.uk/