ILEX applies for probate and litigation rights

ILEX has applied to the government for the power to grant members litigation and probate rights. If successful, Fellows would be able to set up their own practices providing litigation services to clients in civil or family proceedings, and probate services, without needing to 'borrow' a supervising solicitor's rights.

The only doors that would then remain closed to legal executives operating in independent practice are criminal litigation rights and conveyancing. No mechanism currently exists to apply for conveyancing rights, but this could change once the Legal Services Board assumes its full powers next year.

The litigation application outlines the scheme ILEX has devised to allow it to grant suitably qualified Members and Fellows the rights to conduct litigation and rights of audience. This will involve initially demonstrating that they have the necessary knowledge and experience, followed by a litigation skills course for those who make it through. Once successfully completed, candidates will be known as a 'Legal executive litigator'. There will also be an advocacy skills course, split between chambers advocacy and open court rights – members may opt for the full or part qualification.

To set up on their own, litigators will have to apply to ILEX with details of how the practice will work, and, if authorised, will be required to undertake courses in practice management and accounts. ILEX will have the power to monitor and inspect practices, and will require annual accounts. There will also be a code of conduct. A similar scheme has been drafted for probate rights.

The process to obtain probate rights is likely to be the more straightforward of the two general applications, as changes to the law in 2005 that broke solicitors' monopoly in this area have since led to licensed conveyancers, as well as chartered accountants in both England and Wales, and Scotland, gaining the rights. The application for litigation rights is expected to take more time and spill over into the new approval regime that will come into being with the board next year.

An application has also gone in for litigation and advocacy rights for associate prosecutors (APs), as the Criminal Justice and Immigration Act 2008 will prevent the Director of Public Prosecutions from conferring rights of audience on his staff from 2011. The application for APs is pitched at two levels: level one will be permitted to appear before justices or district judges in the magistrates' court, including the youth court, to conduct all matters except trials, Newton hearings, and Special Reasons hearings. They will also be able to appear in the Crown Court for bail applications; level 2 advocates will also be able to handle trials of summary offences. This scheme envisages the Crown Prosecution Service providing the training as now, approved and monitored by ILEX.

ILEX chief executive Diane Burleigh said: 'ILEX has had a long-term goal to provide greater career opportunities for our members, and to give clients a wider choice of lawyer. These applications regarding rights to conduct litigation and probate matters represent a big step towards achieving this goal. We have taken time to develop these applications. The new legal services landscape that is developing as a result of the Legal Services Act reforms makes it particularly apt that these applications are placed before the Lord Chancellor now.

'High standards, rigour in assessment, and an ethical approach are integral in everything ILEX does. These applications will be the subject of consultation, and we look forward to hearing the considered views of colleagues across the sector.'